Mayor
Chris Canning
Vice Mayor
Irais Lopez-Ortega
Councilmembers
Lisa M. Gift
Gary Kraus
Donald Williams
AGENDA
City Council - Regular Meeting
Tuesday, September 6, 2022 - 6:00 PM
Virtual
* COVID-19 NOTICE *
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN PROCLAIMED STATES OF EMERGENCY. THE GOVERNOR OF CALIFORNIA PROCLAIMED A STATE OF EMERGENCY RELATED TO COVID-19 ON MARCH 4, 2020.
THIS TELECONFERENCED MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT ESSENTIAL BUSINESS AND IS PERMITTED UNDER GOVERNMENT CODE 54953 IN ORDER TO PROTECT PUBLIC HEALTH AND SAFETY OF ATTENDEES.
Consistent with Government Code Section 54953, this City Council Meeting will be held via teleconference only, and will not be physically open to the public. Councilmembers and staff will teleconference into the meeting by audio and/or video. The meeting will be conducted via Zoom Webinar.
Below is information on how the public may observe and participate in the meeting. The City recognizes that not all residents have the same ways to stay engaged, so several alternatives are offered.
Please participate in the meeting by observing or listening to the meeting in one of the following ways:
1. Watch on your TV – Napa Valley TV Channel 28 (call your cable provider to ensure you have a City of Calistoga coded cable box)
2. Listen or participate via your phone – dial 1-669-900-6833, enter webinar ID: 829-0729-5419, password: 123201
3. Watch or participate online via Zoom - click this link and enter password: 123201
4. Watch online via YouTube Live at youtube.com/cityofcalistoga COMMENT ON THIS MATTER DURING THE MEETING: Please participate in the meeting by providing public comment on any item on the agenda or any item of municipal concern. To comment during a virtual meeting (Zoom), click the "Raise Your Hand" button to request to speak when Public Comment is being taken on the Agenda item. You will be unmuted when it is your turn to make your comment for up to 3 minutes. After allotted time, you will be re-muted. Instructions for how to "Raise Your Hand" are available at:
https://support.zoom.us/hc/en-us/articles/205566129-Raise-Hand-In-Webinar.
WRITTEN COMMENTS: Alternatively, you may provide public comment on any item on the agenda or any item of municipal concern via email. Please submit your comment, limited to 350 words or less, via email to [email protected]. Written public comments submitted by email should clearly indicate the Agenda Item No. or specify “Oral Communications” in the Subject Line for items not on the agenda and are requested to include the submitter’s full name. Comments received by 4:00 p.m. on the day of the meeting will be posted online with the agenda packet and included in the record but will not be read aloud. Comments received after 4:00 p.m. will be made part of the written record but will not be read verbally at the meeting. The City of Calistoga thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. Note: The methods of observing or listening to the meeting or providing public comments may be altered or the meeting may be cancelled, if needed, due to certain technical disruptions.
Page
1. CALL TO ORDER – ROLL CALL - SALUTE TO THE FLAG
2. REPORT FROM CLOSED SESSIONS
3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS This time is set aside to receive comments from the public regarding matters on the Consent Calendar or matters of municipal concern not on the agenda.
Pursuant to Government Code section 54954.3 (the Brown Act), however, the Council cannot consider any issues or take action on any requests during this comment period. Speakers are encouraged to limit their comments to 3 minutes maximum so that all speakers have an opportunity to address the City Council.
3.1. Public Comments Non-Agenda - Redacted 5 - 6
3.2. Public Comment Non-Agenda - Redacted 7 - 8
4. ADOPTION OF MEETING AGENDA
5. CITY MANAGER’S REPORT
6. PROCLAMATIONS/PRESENTATIONS/ AWARDS
6.1. Updating the City Council on Calistoga’s Water Situation.
Recommended Action: No action by the City Council necessary, just receive the presentation.
Staff Report - Calistoga Water Situation Update - Pdf
9 - 15
6.2. Proclamation recognizing September 15 - October 15, 2022, as National Hispanic Heritage Month.
7. CONSENT CALENDAR
7.1. Approve the Minutes of the May 17, 2022 City Council Regular Meeting as submitted.
Recommended Action: Approve Minutes
Staff Report & Minutes
16 - 20
7.2. Consider adopting a Resolution that authorizes the City Manager to execute a purchase order with Pacific Tree Care Inc., in an amount not to exceed $192,500 and authorize a budget adjustment in the amount of $53,250 for Mt. Washington Vegetation Removal/Fire Hazard Mitigation Project.
Recommended Action: Consider adopting Resolution.
Staff Report - Mt Washington Vegetation Removal/Fire Hazard Mitigation Project - Pdf
21 - 30
7.3. Consideration of a Resolution that:
1. Conditionally awards a construction contract for the base bid to Diamond D Construction LLC for the Rancho De Calistoga Sewer Line Bank Stabilization Project (Project) in the amount of $107,453.00, subject to Diamond D Construction LLC providing all documents in satisfaction of the bid award requirements. 2. Approves the Project construction budget in the amount of $125,000 which includes the base bid of $107,453 and 31 - 56
a contingency of 16% for construction management and inspections and authorizes the Public Works Director to negotiate and approve contract change orders up to the approved construction budget amount. 3.
Authorizes the City Manager to execute the Project contract on behalf of the City of Calistoga. 4. Directs staff to issue a notice of award to Diamond D Construction LLC and otherwise administer the Project. 5. In the event Diamond D Construction LLC is unable to meet the conditions of award, awards the construction contract to REGE Construction Inc. conditioned upon REGE Construction Inc. providing all documents in satisfaction of the bid award requirements.
Recommended Action: Consider adopting a Resolution
Staff Report - Awarding a Construction Contract to Diamond D Construction LLC for the Rancho De Calistoga Sewer Line Bank Stabilization Project - Pdf
7.4. Consider adopting a Resolution that authorizes the City Manager to execute Amendment Number 1 to Project Specific Maintenance Agreements with Cal Trans for maintenance of pathways on the State Highway System.
Recommended Action: Consider adopting a Resolution.
Staff Report - Amendment No.1 to Project Specific Maintenance Agreements with Cal Trans for Pathways on the State Highway System - Pdf
57 - 77
7.5. Consider adopting a Resolution approving Amendment No. 1 to the Professional Services Agreement No. 858 with AECOM to Provide Planning, Environmental and Preliminary Engineering Services for the Dunaweal Pump Station Replacement Project in an amount not to exceed $457,500 and authorizing staff to submit a Revised Local Match Fund Commitment Letter to California Office of Emergency Services in the amount up to $1,800,000.
Recommended Action: Consider adopting Resolution.
Staff Report - Amendment No. 1 to the Professional Services Agreement No. 858 with AECOM for Dunaweal Pump Station
Replacement Project and Authorizing - Pdf
78 - 96
7.6. Consider displaying the Flag of Mexico from September 15, 2022, to October 15, 2022, on the City’s Ceremonial Flagpole.
Recommended Action: Approve the request to display the nongovernmental flag on the City’s ceremonial flagpole.
Staff Report - Consider displaying the Flag of Mexico on the City’s Ceremonial Flagpole. - Pdf
97 - 99
8. GENERAL GOVERNMENT
8.1. Determine various criteria, safety measures, and other components related to hybrid City Council meetings.
Recommended Action: Discuss and provide direction.
PowerPoint City Council 9-6-22
100 - 108
9. COUNCIL REQUESTS AND IDEAS FOR DISCUSSION
10. ADJOURNMENT
NOTICE: If you challenge a city’s zoning, planning, or other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Judicial review of any City administrative decision may be had only if a petition is filed with the court not later than the 90th day following the date upon which the decision becomes final. Judicial review of environmental determinations may be subject to a shorter time period for Litigation, in certain cases 30 days following the date of final decision.
Pursuant to GC §54957.5 any writings/documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection on the City website at www.ci.calistoga.ca.us.
AMERICANS WITH DISABILITIES ACT: The City can provide special assistance for persons with disabilities to participate in public meetings. To make a request for disability-related modification or accommodation please contact the City Clerk at [email protected] or (707) 942-2807. If you need assistance or accommodation, please provide notice at least 48 hours prior to the meeting. For TTY/ Speech-to-Speech users, dial 7-1-1 for the California Relay Service, offering free text-to-speech, speech-to-speech, and Spanish language services 24 hours a day, 7 days a week.
Se les pide por favor que avise con 48 horas de anticipación cuando haga un pedido para asistencia. Esto les da suficiente tiempo antes de la junta para permitir que la ciudad tome medidas razonables.
POSTING: I declare a copy of this agenda was posted at City Hall, 1232 Washington Street, Calistoga, among other locations in the city limits of Calistoga, on August 30, 2022, by 4:30 p.m.
Marni Rittburg
From:
Sent
To:
Subject
Morgan Murray
Wednesday, August 31, 2022 9:52 AM
Additio~ al ·tin
Meeting of
Item No . .Distributed s ~
Public Comment; Chris Canning; Laura Snideman; [email protected]; [email protected]; [email protected]; [email protected]
Save The Fairgrounds!
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear County and City Officials,
I am writing to express my hope that a transfer of ownership of the Napa County Fairgrounds will be finalized, thus saving the historic Calistoga Speedway. I understand that much effort and work is ongoing, which is immensely appreciated by the racing enthusiasts nationwide.
Calistoga Speedway is one of only two remaining half-mile dirt tracks in California and has a history that dates back to 1937. That history includes the names of countless race drivers and car owners who became elite figures in auto racing. The annual "Louie Vermeil Classic" honors Calistoga resident Louie Vermeil, the driving force behind Auto Racing at Calistoga Speedway on The Napa County Fairgrounds.
Calistoga and the Napa Valley are rich in history, and I believe the Fairground Speedway is one of the most unique and memorable dirt tracks.
Thank you for allowing me to express my desire to see racing continue at Calistoga Speedway for many years to come.
Regards,
The Murray/Mclellan Family, generational residents of Calistoga. 1 Additional "mi
Meetingoi‘
[rem . Dxstnbulc-A Z
From: Morgan Murra
Sent: Wednesday, August 31, 2022 9:52 AM
To: PublicComment; ChrisCanning; Laura Snideman; [email protected]; [email protected];He|[email protected]; [email protected]
Subject Save The Fairgrounds!
Cl??le '
serider and jtn
Dear County and City Officials,
I am writing to express my hope that a transfer of ownership of the Napa County Fairgroundswill be finalized, thus saving the historicCalistoga Speedway. Iunderstand that much effort and work is ongoing, which is immensely appreciated bythe racing enthusiasts nationwide.
Calistoga Speedway is one ofonly two remaining half-mile dirttracks in California and has a history that dates back to 1937. That history includes the names of countless race drivers and car owners who became elite figures in auto racing. The annual "Louie Vermeil Classic"honors Calistoga resident Louie Vermeil,the driving force behind Auto Racing at CalistogaSpeedway on The Napa County Fairgrounds.
Calistoga and the Napa Valley are rich in history, and I believe the Fairground Speedway is one ofthe most unique and memorable dirttracks.
Thank you for allowing me to express my desire to see racing continue at Calistoga Speedway for many years to come.
Regards,
The Murray/McLel|an Family, generational residents ofCalistoga.
Item #3.1.
Marni Rittburg
From: BARRY pries
Sent: Thursday, September 1, 2022 10:44 PM
To: Public Comment
Subject: Calistoga
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear County and City Officials,
I am writing to express my hope that a transfer of ownership of the Napa County Fairgrounds will be finalized, thus saving the historic Calistoga Speedway. I understand that much effort and work is ongoing, which is immensely appreciated by the racing enthusiast s nationwide.
Calistoga Speedway is one of only two remaining half-m ile dirt tracks in Ca lifornia and has a history that dates back to 1937. That history includes the names of countless race drivers and car owners who became elite figures in auto racing. The annual "Louie Vermeil Classic" honors Calistoga resident Louie Vermeil, the driving force behind Auto Racing at Calistoga Speedway on The Napa County Fairgrounds.
Calistoga and the Napa Valley are rich in history, and I believe the Fairground Speedway is one of the most unique and memorable dirt tracks.
Thank you for allowing me to express my desire to see racing continue at Calistoga Speedway for many years to come.
Get Outlook for iOS
1 Marn ttburg
From BARRYpries
Sent: Thursday, September 1, 2022 10:44 PM
To: Public Comment
Subject: Calistoga
the ‘ga‘r1i'ia?ial'i;‘IJ"o‘not;cl1cl€linl<s :3‘?openaitafchments-_u;ile§«yiu>r&bg?ize;t[i@= 7 Dear County and City Officials,
I am writing to express my hope that a transfer of ownership ofthe Napa County Fairgrounds willbe finalized, thus saving the historicCalistoga Speedway. Iunderstand that much effort and work is ongoing, which is immensely appreciated by the racing enthusiasts nationwide.
CalistogaSpeedway is one of only two remaining half-miledirt tracks in Californiaand has a history that dates back to 1937. That history includesthe names of countless race drivers and car owners who became elite ?gures in auto racing. The annual "LouieVermeilClassic"honors Calistoga resident Louie Vermeil,the driving force behind Auto Racing at Calistoga Speedway on The Napa County Fairgrounds.
Calistoga and the Napa Valley are rich in history, and I believe the FairgroundSpeedway isone of the most unique and memorable dirt tracks,
Thank you forallowing me to express my desire to see racing continue at Calistoga Speedway for many years to come.
Get 01xlggk for i0S
Item #3.1.
Additiona~ gs/
Meeting of ~ / 2-Z. . _Item No._ · ~
DIS!ributed ~
-- RE: Public Comments to City Council RE: Electric shuttle bus for Calistoga
Thank you Mr. Mayor. Good evening members of the Council. My name is John Gleazer. I am a resident of Calistoga and I serve as Vice Chair of the Calistoga Green Committee. But I wish to emphasize I am not here on behalf of the Committee; I am speaking only for myself today.
Back in mid-August, I contacted Rebecca Schenck of the Napa Valley Transit Authority by email to ask a simple question: Is there any interest at NVTA in operating battery powered shuttle buses? I was surprised to learn there most definitely is. In fact, I was told that electric buses will begin operating this very month in Napa, Yountville and St. Helena, but not Calistoga.
So, what is the reason for leaving Calistoga out? Our city actively pursues a Green agenda, with projects to lower green house gas emissions and advance sustainability. Our council has passed a Climate Emergency declaration. The city promoted the Green Committee when it was formed last year.
The city currently operates a Ford VB, gasoline powered shuttle bus. It drives the streets of our neighborhoods every day, all day and, when not on call, it sits mostly idling on the street. It is a fully operational greenhouse gas emitter. Why would NVTA not replace it with an electric shuttle? I have been informed of the following reasons:
Reason #1: This electric bus is 7' too long and cannot make the turns to stop at every door within our mobile home parks. Of all people, these residents should be the most disappointed. They are the ones most likely to suffer from climate change, they are the ones whose grandchildren who will fare even worse in the future if we do nothing. What if the bus stopped at the park entrance? Has staff discussed this with these folks? An inexpensive shuttle cart can easily navigate the park and bring residents to the entrance. Sometimes a simple and new way of doing things is the answer.
Item #3.2.
Reason #2: Charging bus batteries is not possible during Public Service Power Shut-offs. True, but what if the bus is prepared for such events. Its battery can be kept at 50% or more of capacity, ready for such interuptions. There may be generator options. Of course, gasoline pumps don't typically function either.
Reason #3: The bus and charger must be secured behind a fence when not in use. This hardly seems like a big problem.
Reason #4: Not enough power is available in Calistoga to supply the charger.
This reason is not credible. The K7M model bus charger from BYD requires a power input of 156 amps and 480 volts. Ask any electrician. The city can do this.
Reason #5: The cost factor is an issue for NVTA. The city has 2 representatives on the NVTA Board of Directors, Council Member Kraus and Mayor Canning.
Are you satisfied, gentlemen, with the NVTA solution, to simply replace our current gasoline powered shuttle bus with another of the same, one that we will have to live with for 7 more years? Have you thoroughly explored the clean energy funding options, including those of the California Air Resouces Board and others?
I discovered what BYD, the bus company name, stands for: Build Your Dreams.
The dreams are clean energy, and the obstacles, the reasons I've heard, don't sound very serious. We desperately need strong and effective leadership in our city to do the right thing for the health of our residents, for the image we project to our visitors and to make credible our determination to fight climate change.
Please, insist on a clean energy shuttle for Calistoga.
Thank you.
John Gleazer
Calistoga
Item #3.2.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Sep 06 2022
Subject: Calistoga Water Situation Update
DESCRIPTION:
Updating the City Council on Calistoga’s Water Situation.
RECOMMENDATION:
No action by the City Council necessary, just receive the presentation.
BACKGROUND/SUMMARY:
Staff has prepared a presentation with the intent to inform the council and public of the current status of Calistoga’s water situation.
CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:
The project conforms to Council Goal 3, objective 5 - ”…improve and maintain City infrastructure”.
CEQA STATUS:
The presentation is exempt from CEQA
FINANCIAL IMPACT:
None
ATTACHMENT(S):
2021 Drought Year Water Supply Agreement
APPROVAL(S):
Laura Snideman, City Manager Approved - Aug 26 2022
Marni Rittburg, City Clerk Approved - Aug 29 2022
Item #6.1.
1 Calistoga Water Situation
Update
City Council Meeting
Tuesday, September 6, 2022
Item #6.1.
2 Introduction
• Conservation - Every gallon saved this year is an
additional gallon added into next years
supply...cheapest source of new available
water...conservation and supply go hand-in-hand
• Calistoga customers doing a great job conserving (12%, which is 90af/yr. about half of Kimball dry year)
• Historic Third Year of Drought
• Stage II Water Conservation (since April 2021)
• Complexities of the situation
• Predicting Weather (Rain/Snow)
• Projecting Demands and Supply
• Two Main Water Supply’s – Kimball/SWP
• Kimball
• Temporary Napa Return Water
• SWP – Table A, Carryover, ATA, Dry Year/Yuba,
Article 21, Curtailments/Human Health and Safety
Water (HH&S, 55gallon/capita/day)
Item #6.1.
3 What if Scenarios
Conservation
provided 150af
difference
Item #6.1.
4 Actuals & Projections
Year Demand (af) Supply (af)
2020 743 1,778
2021 701 1,301
2022 650 1,105
2023 730 720
* Backstop HH&S water supply of 55gal/cap/day (400af+/- yr. with 40% to 50% conservation no irrigation) Item #6.1.
5 Future Solutions
• Continued Conservation and
efficiency improvements
• Purchase Additional Dry Year
Transfer & Yuba Exchange Dry Year
Water
• Use Advanced Table A (owe water
back)
• HH&S SWP Water 55gpdc (owe
water back)
• Kimball Increase Dam Height
(Grant applied for)
• Redevelop City’s Old Feige Wells
• Water Neutrality
• Continue to increase Recycle water
use
• Down-valley well
• Future Direct/Indirect Potable
Item #6.1.
6 Questions?
Picture taken of Kimball Reservoir
on 8-25-2022
36% full, 97af
Item #6.1.
CITY OF CALISTOGA
STAFF
REPORT
TO:
FROM:
DATE:
Honorable Mayor and City Council
Marni Rittburg, City Clerk
September 6, 2022
SUBJECT: Approving Minutes of the May 17, 2022, Regular City Council Meeting Approved by:
Laura Snideman, City Manager
DESCRIPTION:
Consider approving the Minutes of the May 17, 2022, Regular City Council Meeting.
RECOMMENDATION:
Approve the minutes as submitted.
ATTACHMENTS:
May 17, 2022, Regular City Council Meeting Minutes
Item #7.1.
DRAFT MINUTES
CALISTOGA CITY COUNCIL
REGULAR MEETING
Tuesday, May 17, 2022 - 6:00 P.M.
Virtual Meeting
1. CALL TO ORDER - ROLL CALL - SALUTE TO THE FLAG
Mayor Canning, called the regular session to order at 6:00 p.m.
Present: Councilmembers Lisa Gift, Gary Kraus, and Donald Williams; Vice Mayor lrais Lopez-Ortega, and Mayor Chris Canning
Absent: None
2. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS Oral communication was received. For oral communication and public comment content, for any item on the agenda, view the video of the meeting available on the City's YouTube channel at https://www.youtube.com/user/CityofCalistoga or visit the City's Website at:
https://calistoga.civicweb.net/Portal/Meetinglnformation.aspx?Org=Cal&ld=259
3. ADOPTION OF MEETING AGENDA
Motion by Councilmember Kraus and seconded by Councilmember Williams and passed by the following roll call vote to adopt the meeting agenda as presented.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Kraus, Williams and Gift, Vice Mayor Lopez-Ortega and Mayor Canning
None
None
None
4. CITY MANAGER'S REPORT
City Manager Laura Snideman provided updates on public projects.
5. PROCLAMATIONS/PRESENTATIONS/AWARDS
5.1 Mayor Canning presented a Proclamation proclaiming May as Historic Preservation Month to Napa County Landmarks Board Member Kara Brunzel!.
5.2 Mayor Canning recognized the following staff for their years of service:
• John Mantelli - 30 years of service - Public Works Department • Kristie Norton - 20 years of service - Police Department • Dean Alexander - 15 years of service - Public Works Department Item #7.1.
Calistoga City Council Minutes
May 17, 2022
• Brandon Gray - 15 years of service - Public Works Department • Kamran Khan - 5 years of service - Public Works Department
5.3 Updating the City Council on the Capital Improvement Program Schedule Tracking for FY21/22.
Recommended Action: No action by the City Council necessary, just receive the presentation.
Director of Public Works Derek Rayner presented the item and provided a PowerPoint presentation. This information can be found on the City's website under the Public Works Department page - Capital Projects: https://www.ci.calistoga.ca.us/cityhall/departments-services/public-works-department/capital-projects.
6. CONSENT CALENDAR
Public comment was not received. Motion by Councilmember Kraus, second by Councilmember Williams and passed by the following roll call vote, Council approved all Consent Calendar items:
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Kraus, Williams and Gift, Vice Mayor LopezOrtega and Mayor Canning None
None
None
6.1 Approve the Minutes of the April 5, 2022, City Council Regular Meeting as submitted.
Recommended Action: Approve Minutes.
6.2 Consider adopting a Resolution authorizing the City Manager to execute a two-year intergovernmental services agreement for housing services from the Housing Authority of the City of Napa.
Recommended Action: Adopt the Resolution authorizing the agreement.
6.3 Consideration of a Resolution executing a three-year Fire Dispatch Service Contract with Cal Fire from July 1, 2022, through June 30, 2025.
Recommended Action: Consider adopting Resolution approving a three-year contract with Cal Fire to provide Fire Dispatch Services to the City of Calistoga.
6.4 Adopt Resolution revising the one-year Memorandum of Understanding for the period of January 1, 2022, through December 31, 2022, between the City of Calistoga and the Calistoga Police Officers Association and authorize the City Manager to execute the Memorandum of Understanding.
Recommended Action: Consider adopting Resolution revising the one-year memorandum of understanding (MOU) between the City of Calistoga and Calistoga Police Officers Association, authorizing the City Manager to execute the revised MOU, and adoption of a new resolution to revise Article 20, Item E only.
Item #7.1.
Calistoga City Council Minutes
May 17, 2022
7. GENERAL GOVERNMENT
7.1 Discuss and provide direction regarding the formulation of a public art policy.
Recommended Action: Consider a series of public art policy questions to provide direction to staff on the next steps in formulating a public art policy and general initial guidance on possible policy content.
Park & Recreation Director Rachel Melick presented the item and provided a PowerPoint presentation.
Council and staff discussion ensued. Public comment was received.
Council consensus was to address public art requests as they arise and to not develop a policy at this time. Council may address having a policy at a later date when the City has more staff resources available. Park & Recreation Director Rachel Melick will send the questions in the PowerPoint to the City Council for their review and response.
7.2 California State Assembly Bill (AB) 481 requires the governing body of a city to approve the police department's "Military Equipment" Policy on the guidelines and procedures relating to the approval, funding, possession, use, and reporting of military equipment defined in Government Code section 7070 even in communities such as Calistoga that have no Military Equipment. Approval of defined military equipment shall be by ordinance by the city council.
Recommended Action: Move to introduce and waive further reading of an Ordinance approving the adoption of CPD's "Military Equipment" Lexipol Policy 707 and the addition of City of Calistoga Municipal Code section 2.14.070 requiring CPD's conformance with AB481.
Chief of Police Mitch Celaya presented the item. Council and staff discussion ensued.
Public comment was not received. Motion by Councilmember Kraus second by Councilmember Gift and passed by the following roll call vote, Council waived the first reading of Ordinance No. 756 - Acquisition and Use of Military Equipment:
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Kraus, Williams and Gift, Vice Mayor LopezOrtega and Mayor Canning None
None
None
8. COUNCIL REQUESTS AND IDEAS FOR DISCUSSION
Council mentioned the following topics: Income Survey, Weed Abatement, May 13th Early Childhood Resource Fair, First Budget Workshop tomorrow at 9:00 a.m., and Ban on Gas Powered Leaf Blowers starts July 1, 2022.
To view the video of the meeting, please visit the City's YouTube channel at https://www.youtube.com/user/CityofCalistoga or visit the City's Website at:
https://calistoga.civicweb.neUPortal/Meetinglnformation.aspx?Org=Cal&ld=259 Item #7.1.
Calistoga City Council Minutes
May 17, 2022
G.) ADJOURNMENT
Mayor Canning adjourned the meeting at 7: 17 p.m.
Respectfully Submitted
Prepared by:
Marni Rittburg, City Clerk
Approved by:
Chris Canning, Mayor
Approved:
Item #7.1.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Steve Campbell, Fire Chief
Meeting: City Council - Sep 06 2022
Subject: Mt Washington Vegetation Removal/Fire Hazard Mitigation Project DESCRIPTION:
Consider adopting a Resolution that authorizes the City Manager to execute a purchase order with Pacific Tree Care Inc., in an amount not to exceed $192,500 and authorize a budget adjustment in the amount of $53,250.
RECOMMENDATION:
Consider adopting Resolution.
BACKGROUND/SUMMARY:
Several citizens raised concerns this last spring about the potential fire hazards on the Mt Washington property. Mt Washington is a city owned property which contains 1.5-million-gallon water storage tank at its top and property is centered between Solage Resort, Chateau Calistoga Mobile Home Park, Auberge and Brian Arden Winery, and the resort at 400 Silverado Trail.
The property is moderately steep hillside that is heavily wooded with invasive weed species as well as poison oak, coyote brush, madrone, oak varieties, and pines. There are dense trees and brush on-site with several large dead trees and hazardous vegetation that need to be removed to reduce the potential fire hazard as recommended by the Fire Chief.
Bid
On June 6, 2022, the Fire Department met on-site with Public Works staff along with three tree service companies to define the scope of work to bid. Staff received two bids from Pacific Tree Care Inc., Brannum Tree Care Inc., and Gorilla Tree Service declined to submit. The bids were $577,045, $630,000 respectively with the low bid being Pacific Tree Care Inc.
Given the high cost and short time frame staff is suggesting a phased approach, and this year completing about a third of the work, up to a not to exceed amount of $192,500. This amount meets the cities informal bidding requirements, and effectiveness can be evaluated by the fire chief to see if anything further needs to be accomplished next fire season, besides routine goat mitigation and include in next year’s fiscal budgets.
Work Plan
Goats have already been hired at a cost of $15,750 to clear low-level vegetation on the property and have done an excellent job to reduce fuels over the last month. Additional work by both the Fire Department and Public Works staff will be assisting with some grading (dozer rental, chainsaw work, load/haul/removal) to improve site access and provide labor to limb and trim some of the smaller Item #7.2.
trees and debris, so the tree company’s efforts can be maximized to large tree and large wood/debris removal activities.
CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:
The project conforms to Council Goal 7, objective 1 –” Enhance community disaster preparation, including wildfires”.
CEQA STATUS:
This Project is exempt from CEQA. This project fits under the description of Class 4 §15304 Minor Alterations to Land. The project entails minor alteration of vegetation for the purpose of increasing forest health, promoting the growth of larger fire-resistant trees that sequester more carbon, and reducing the vertical and horizontal continuity of fuels and the volume of flammable vegetation. The activities do not result in the taking of endangered, rare, or threatened plant or animal species, or sedimentation to surface waters. The landowner will follow all biological/cultural resource protection measures. Field review by staff confirmed that no exceptions apply which would preclude the use of a Notice of Exemption for this project. Staff also concluded that no significant environmental impact would occur to aesthetics, agriculture and forestland/timberland, air quality, biological resources, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use planning, mineral resources, noind housing, public services, recreation, transportation/traffic, utilities, and service systems.
FINANCIAL IMPACT:
The total project costs is $213,250 for FY22-23. This includes the cost for goat rental for $15,750, city staff equipment rental cost of $5,000, and award to Pacific Tree Care Inc, of a not to exceed amount of $192,500 ($15,750 + $5,000 + $192,500=$213,250).
The approved budget only authorized $160,000 of general fund for FY22-23, account #01-5646- 4915. As a result of the budget shortfall, a budget adjustment is being requested totaling $53,250 ($53,250 + $160,000=$213,250).
Of the $53,250, $21,325 of this, or 10% of the overall project cost, will be provided by unappropriated water enterprise reserves, to account: #02-4131-4402. The remaining $31,925 of the budget adjustment will be provided by unappropriated general fund reserves, to account #01-5646-4915.
Since the concrete tank is mostly buried and not vulnerable to fire, with only limited accessories outside the tank that are vulnerable, and tank facilities occupy approximately 10% of the property, staff is recommending water enterprise pay for 10% of the project costs, and the remaining 90% be covered by general fund.
ATTACHMENT(S):
1. Draft Resolution
2. Bid Proposals
APPROVAL(S):
Laura Snideman, City Manager Approved - Aug 24 2022
Marni Rittburg, City Clerk Approved - Aug 26 2022
Item #7.2.
RESOLUTION NO. 2022-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER WITH PACIFIC TREE CARE INC. TO PERFORM LARGE TREE AND LARGE WOOD/DEBRIS REMOVAL ON MT. WASHINGTON IN AN AMOUNT NOT TO EXCEED $192,500 AND AUTHORIZES A BUDGET ADJUSTMENT IN THE AMOUNT OF $53,250
WHEREAS, Mt. Washington is a city owned property which contains a 1.5-million-gallon water storage tank at its top; and
WHEREAS, the property is centered between Solage Resort, Chateau Calistoga Mobile Home Park, Auberge and Brian Arden Winery, and the resort at 400 Silverado Trail; and WHEREAS, there are several large dead trees and hazardous wood/debris that need to be removed to reduce the potential fire hazard; and
WHEREAS, staff solicited three bids and two proposals were received from Pacific Tree Care Inc. and Joe Branum Tree Care Inc. Pacific Tree Care Inc. was the lowest bid; and WHEREAS, the large tree and large wood/debris removal is exempt from CEQA; and WHEREAS, there is $160,000 available in CIP account #01-5646-4915 for Vegetation Management in FY 22-23; and
WHEREAS, a budget adjustment in the amount of $53,250 is needed in part for the cost of the work to be done by Pacific Tree Care Inc. ($32,500), worked previously performed by goats from Napa Pasture Protein ($15,750) and staff rental equipment cost ($5,000); and WHEREAS, the total funds required to fund the Vegetation Management CIP Project for FY 22-23 is $213,250.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:
1. Authorizes the City Manager to execute a purchase order with Pacific Tree Care Inc. to perform large tree and large wood/debris removal on Mt. Washington in an amount not to exceed $192,500.
2. Authorizes a budget adjustment in the amount of $53,250 from unappropriated water enterprise reserves to account #02-4131-4402 in the amount of $21,325 and unappropriated general fund reserves in the amount of $31,925 to existing Vegetation Management CIP Project account #01-5646-4915.
ATTACHMENT 1
Item #7.2.
Resolution No. 2022-XXX
PASSED, APPROVED AND ADOPTED this 6
th day of September, 2022. I, MARNI
RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
____________________________ __________________________ Marni Rittburg, CMC, City Clerk Chris Canning, Mayor
Item #7.2.
ATTACHMENT 2
Item #7.2.
Item #7.2.
Item #7.2.
Item #7.2.
Item #7.2.
Steve Campbell
From: John Montelli
Sent: Monday, July 11, 2022 4:19 PM
To: Steve Campbell
Subject: FW:Washington Hill
Also this email
—————Origina| Message-—---
From: marshall neil <gori||atree@sbcg|obal.net>
Sent: Wednesday, June 8, 2022 10:52 AM
To: John Montelli <[email protected]|istoga.ca.us>
Subject: Washington Hill
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
HeHoJohn
Thank you for the invitation to bid on the Washington HillProject. Gorilla Tree Service will not be submitting a bid proposal due to our current work load.
Thank you,
Marshall Neil
Gorilla Tree Service
4225 Solano Ave #711
Napa, CA 95448
Sent from my iPad
Item #7.2.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Sep 06 2022
Subject: Awarding a Construction Contract to Diamond D Construction LLC for the Rancho De Calistoga Sewer Line Bank Stabilization Project DESCRIPTION:
Consideration of a Resolution that: 1. Conditionally awards a construction contract for the base bid to Diamond D Construction LLC for the Rancho De Calistoga Sewer Line Bank Stabilization Project (Project) in the amount of $107,453.00, subject to Diamond D Construction LLC providing all documents in satisfaction of the bid award requirements. 2. Approves the Project construction budget in the amount of $125,000 which includes the base bid of $107,453 and a contingency of 16% for construction management and inspections and authorizes the Public Works Director to negotiate and approve contract change orders up to the approved construction budget amount. 3. Authorizes the City Manager to execute the Project contract on behalf of the City of Calistoga. 4. Directs staff to issue a notice of award to Diamond D Construction LLC and otherwise administer the Project. 5. In the event Diamond D Construction LLC is unable to meet the conditions of award, awards the construction contract to REGE Construction Inc. conditioned upon REGE Construction Inc. providing all documents in satisfaction of the bid award requirements.
RECOMMENDATION:
Consider adopting a Resolution
BACKGROUND/SUMMARY:
The Ranch De Sewer Force Main crosses under the Napa River between Vista Dr. at the Mobile Home Park and the Napa County golf course. The pipe’s concrete encasement has become exposed due to scouring from the river flow. Additional slope protection is needed to prevent further scouring of the concrete pipe encasement. If left unrepaired, there could be imminent failure of the sewer main with discharge of raw sewer into the Napa River.
Project plans and specifications were prepared in collaboration with City Staff and various environmental consultants. The Project was advertised for bid in July 2022. The Engineer’s Estimate for the base bid project was $100,000. On August 15, 2022, two base bids were received as summarized below:
Diamond D Construction, LLC $107,453 Ukiah
REGE Construction, Inc. $136,883 Cloverdale
Staff has reviewed the low bid from Diamond D Construction, LLC, performed due diligence, and performed reference checks. Based on this review staff recommends that the City Council find Diamond D Construction, LLC to be the lowest responsive and responsible bidder.
Item #7.3.
CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:
The project conforms to Council Goal 3, objective 5 - ”…improve and maintain City infrastructure”.
CEQA STATUS:
The project involves the repair of an existing facility. The facility will be located on the same site and will have the same purpose and capacity as the original infrastructure with no expansion in capacity.
As such the project is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14, the California Code of Regulations, Section 15301(b).
FINANCIAL IMPACT:
The Project is included in the FY 2022/23 Sewer Enterprise Budget, Account No. 13-5478-4915. The total amount budgeted in the Sewer Enterprise budget for this project is $125,000 and the total project costs of $125,000 are within budget.
ATTACHMENT(S):
Rancho Sewer Force Main Repair Reso Attach 1
Bid Proposal - Diamond D Construction LLC - 081522
Construction Contract - Attach 3
APPROVAL(S):
Laura Snideman, City Manager Approved - Aug 26 2022
Marni Rittburg, City Clerk Approved - Aug 26 2022
Item #7.3.
RESOLUTION NO. 2022-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA, CONDITIONALLY AWARDING A CONSTRUCTION
CONTRACT TO DIAMOND D CONSTRUCTION, LLC AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE CONTRACT WITH A BUDGET IN THE AMOUNT OF $125,000 FOR THE RANCHO DE CALISTOGA SEWER LINE BANK STABILIZATION
PROJECT
WHEREAS, the concrete encasement of the City’s Rancho De sewer force main has become partially exposed due to scouring from the river flow; and WHEREAS, the City’s FY22/23 CIP Budget has $125,000 available and within the not to exceed amount for Rancho De Lift Statin Improvements under Account No. 13-5478- 4915; and
WHEREAS, the Project is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14, the California Code of Regulations, Section 15301(b); and
WHEREAS, a request for bids was circulated on July 22, 2022, and two bids were received by the City, with the low bidder being Diamond D Construction, LLC with the base bid in the amount of $107,453 and the second lowest bid was from REGE Construction, Inc. with the base bid in the amount of $136,883; and
WHEREAS, City staff has confirmed that the bid from Diamond D Construction, LLC satisfies the bidding requirements for the Project as described in the bid instructions; and WHEREAS, staff has determined that Diamond D Construction, LLC possesses the required license(s) for this Project and is otherwise qualified to perform the Project in accordance with the Contract documents; and
WHEREAS, staff has determined that REGE Construction, Inc. also possesses the required license(s) for this Project and is otherwise qualified to perform the Project in accordance with the Contract documents; and
WHEREAS, staff has reviewed the bid from Diamond D Construction, LLC and recommends that the City Council find that Diamond D Construction, LLC is the lowest responsible and responsive bidder; and
WHEREAS, a contract be awarded to Diamond D Construction, LLC for the base bid in the amount of $107,453; and
WHEREAS, approve a total construction budget in the amount of $125,000 that includes contract award amount of $107,453 plus a 16% contingency to cover additional construction management and inspections costs and authorizes the Public Works Director to negotiate and approve contract change orders up the approved amount.
ATTACHMENT 1
Item #7.3.
Resolution No. 2022-XXX
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:
1. Finds that the bid from Diamond D Construction, LLC is the lowest responsive bid and is a responsible bidder and waives any and all minor bid irregularities.
2. Approves the Project Plans, Specifications and Construction Documents.
3. Approves a total construction budget in the amount of $125,000 that includes contract award amount of $107,453 plus a 16% contingency to cover additional construction management and inspections costs and authorizes the Public Works Director to negotiate and approve contract change orders up to the approved amount.
4. Authorizes expenditures from the FY2022/23 Sewer Enterprise Budgets, Account No. 13-5478-4915 in the amount of $125,000.
5. Awards the construction contract to Diamond D Construction, LLC for the base bid in the amount of $107,453 for construction of the Rancho De Calistoga Sewer Line Bank Stabilization Project conditioned upon Diamond D Construction, LLC providing all documents in satisfaction of the bid award requirements.
6. Authorizes the City Manager to execute the Contract on behalf of the City of Calistoga.
7. Directs staff to issue a notice of award to Diamond D Construction, LLC and otherwise administer the Project.
8. In the event Diamond D Construction, LLC is unable to satisfy the bid award requirements, awards the construction contract to REGE Construction, Inc. under the same requirements, and authorizes the commensurate increase in expenditures from CIP Account No. 13-5478-4915 to fund the Project.
PASSED, APPROVED AND ADOPTED this 6th day of September, 2022. I, MARNI RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Item #7.3.
Resolution No. 2022-XXX
ATTEST: APPROVED:
____________________________ __________________________ Marni Rittburg, CMC, City Clerk Chris Canning, Mayor
Item #7.3.
CONTRACTPROPOSAL
TO CITYOF CALISTOGAFOR
RANCHODECALISTOGASEWERLINEBANKSTABILIZATIONPROJECT
NameofBidder .D/\6U’}’lO}’70/ D C0l'lS'f'V(/{C7gIOl4; LLC BusinessAddress (Q55 Elma (ml; llgfam (Z?
Telephone (707)Cl'55 '’-/’-/@i
TO THECITYCOUNCILOF THECITYOF CALISTOGA:
Pursuant to and in compliance with your Notice inviting Bids for the RANCHODE CALISTOGA SEWER LINEBANKSTABILIZATIONPROJECTand the other Contract Documents relating thereto, the undersigned Bidder, being fully familiar with the terms of the Contract Documents, the current general prevailing wage rates, local conditions affecting the performance of the Project, the character, quality, quantities and scope of the work, and the cost of the work at the place of performance, hereby proposes and agrees, within the time stipulated in the Contract Documents, to furnish to the City of Calistoga all of the transportation, materials, equipment, tools, excavation, sheeting, shoring, bracing, supports, plant and other facilities, labor, services, permits, utilities, and other items necessary to conduct and complete said work, II in strict conformity with the Contract Documents, including Addenda No. __[__, dated £1”£3 , Addenda No. _/_, dated Qlzl?[lb , and Addenda No. ___, dated (if applicable) on file in City Hay,f t e total base bid price of rrala‘§liallrl's"l‘(s gazggg? ), which
is in agreement withthe sum of the unit prices in the Base BidSchedule, hereinafter set forth.
As provided in Labor Code Section 6707, if the work to be performed includes trenching or excavation more than five feet (5') in depth, each bid must set forth as a separate bid item, sheeting, shoring, and bracing or equivalent method for protecting workers: Allsuch costs shall be included in the total price set forth above.
Bidder declares that the only persons or parties interested in this proposal are those named herein, and that this proposal is made without collusion with any person, firm or corporation.
Bidder proposes and agrees, ifthe proposal is accepted, that Bidder willexecute a contract with the City, in strict conformity to the Contract Documents, in the form set forth in the Contract Documents, and willperform the entire work for the prices set forth in the attached BidSchedule, upon which the award of contract is made.
SUBMITTEDon
State Contractor License 0. /027/0
Employer's Tax IDNo. 49/ (90692
IfBidder is:
14 Item #7.3.
An Individual SEAL.
Name (typed or printed): ifb;°g‘t';'t:d
By:
(IndividuaI’ssignature)
Doing business as:
Business Address:
Phone No. (__) FAXNo. (__) E—Mai|Address
A Partnership
Partnership Name: SEAL,
if required BY3 by State
(Signature ofgeneral partner -- attach evidence ofauthority to sign) Name (typed or printed):
Business address:
Phone No. (_) FAXNo. (_) E—MaiiAddress
A Corporation
h _ Corporation Name:<(/ gamgmd/ 2( gagfglg?azgl (:44 5 State of Incorporation: ?? Type (General Business, Profession, Service, Limited Liability): L[=( 5 Signature — attach evidence ofauthority to sign)
Name (typed or printed CORPORATE
SEAL Title: ifrequired by
State
Attest (si?ature ofCorporate Secretary)
Business address: 57) Ce )"
0 Phone No. qm) FAXNo. (_) E-MailAddressMd/la .com
Date of Qualification to do business is: (El[ 7
15 Item #7.3.
AJoint Venture
Joint Venture Name:
By:
(Signature ofjoint venture partner -- attach evidence ofauthority to sign) Name (typed or printed):
??e:
Business address:
Phone No. (___) FAXNo. (_) E~Mai| Address
Joint Venture Name:
By:
(Signature ofjoint venture partner -- attach evidence ofauthority to sign) Name (typed or printed):
Title:
Business Address:
Phone No. (__) FAXNo. (__) E—Mai| Address
Phone and FAXNumber, and Address for receipt of official communications:
(Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is party to the venture should be in the manner indicated above.) 16 SEAL,
ifrequired
by State
SEAL,
if required
by State
Item #7.3.
THISPAGE INTENTIONALLYBLANK
17 Item #7.3.
RANCHODE CALISTOGASEWER LINEBANKSTABILIZATIONPROJECT
Project No. 21-5550
BIDSCHEDULE
I 2”o2°é'éi:R::“bf3:‘r%§e?*°ee“
2 Clearing and Grubbing
3 Embankment Excavation
Written Amount
Date
18 Item #7.3.
PROPOSED SUBCONTRACTORS
(To be submitted with Bid)
Pursuant to California Public Contract Code Section 4100 et seq., the following list gives the name, business address, and portion of work (description of work to be done) for each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specifically fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractor's total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of one percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater. Additional supporting data may be attached to this page. Each page shall be sequentially numbered, headed "Proposed Subcontractors” and shall be signed.
Name Address Contr Bus DIRReg # Description & Cost of Work % of Lic# Work
/V
The Prime Contractor must perform at least 50% of the work with its own forces.
After the award of contract, substitutions of the above-listed proposed subcontractors may only be made with the prior approval of the City of Calistoga in accordance with PublicContract Code Section 4107.
Signat eo Bid
19 Item #7.3.
PROPOSED MAJOR MATERIALSUPPLIERS
(To be submitted with Bid)
The bidder is required to furnish the following information on major materials and manufacturers who will be supplying materials in value of $10,000 or more. No substitutions willbe allowed in materials or manufacturers without the prior written approval of the Engineer.
1. nl? OCJL. “
2. 2514;] M2.Ag?sg g4 ( g[ag£m' 4 2
Signat re of Bi
812:.’ [2922: Da e
20 Item #7.3.
THIS PAGE INTENTIONALLYBLANK
Item #7.3.
CONTRACTOR'S EXPERIENCEANDQUALIFICATIONS
(TO BECOMPLETEDBYBIDDERANDSUBMITTEDWITH BID)
The following statements as to the experience and qualifications of the bidder are to be submitted with the Contract Proposal, as a part thereof. The truthfulness and accuracy of the information is guaranteed by the bidder.
1. The bidder has been engaged in the contracting business, under the present business name, for .5 years. Experience in work of a nature similar to that covered in the Proposal extends over a period of 5 years.
2. Listtwo or more projects the bidder, as a contractor, has successfully completed that are of like magnitude, comparable difficulty and rates of progress to the proposed work, including:
YEAR DESCRIPTION CONTRACTAMOUNT
Z01 ulci \—\in L.\ D
10 \01 ‘Somme, ?gkg ‘Pg?yyg , |;\fz ‘(pg
@013 ‘II A ‘r if
T ' Y (1.
3. The bidder, as a contractor, has neverfailed to satisfactorily complete a contract awarded to the Contractor, except as follows: (name any and all exceptions and reasons therefor).
4. The bidder has satisfactorily completed the following contracts in the last three years, for the owner indicated, and to whom reference is made (list at least five contracts). Provide a contact person and telephone number for each project.
CONTRACT
YEAR TYPEOF WORK AMOUNT CONTACT
‘Di T‘ ‘ S’ -093'/
‘dz '/I T /T '1 I [/1 I
' ~(992L/
Z A’ 7”‘ ' 1/. 11;: 1 /0" ‘ “ 0
2021 élzzdw mmc/6o»c&,,¥ /Z0/€1052oH~(707)459-2773
"Z517 Wfrhg(xlpqra?lfi Z4/@000 S‘c,af7‘-.7,-’4Eé{9z5—)
j_;9- 703:]
Item #7.3.
NONCOLLUSIONAFFIDAVIT
PUBLICCONTRACTCODE§7106
(TO BEEXECUTEDBYBIDDERANDSUBMITTEDWITHBID)
State of California
County of ?g ggdé 6/ {Z0 . Z;/cr LJM 2 , being first duly sworn, deposes andsays that he or she is ( EZ) (Title) of D ( mmlg , the party
making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
2'2/‘amona’ Z2Conffruorlfog,446! @241: 2
Name of Bidder
Note: IfBidder is a partnership or a joint venture, this affidavit must be signed and sworn to by every member of the partnership or venture.
Note: If Bidder (including any partner or venturer of a partnership or joint venture) is a corporation, this affidavit must be signed by the chairman, President, or Vice President and by the Secretary, Assistant Secretary, Chief FinancialOfficer, or Assistant Treasurer.
Note: If Bidder’s affidavit on this form is made outside the State of California, the official position of the person taking such affidavit shall be certified according to law.
ENDOF DOCUMENT
26 Item #7.3.
5. Within the past 5 years, has your firm, or any firm with which any of your firm’s owners, officers, directors or managing employees was associated, been disqualified, debarred, or otherwise prevented from biddin on any project for any reason? Yes No
If ”Yes,” provide the name of the firm, the name of the person who was associated with that firm (if applicable), the year of the incident, the name, address and telephone number of the owner and all relevant details about the incident.
6. Within the last 5 years, has your firm, or any firm with which any of your firm’s owners, officers, directors or managing employees was associated, been found guilty of violating any federal, state or local law, rule or regulation related to conduct of business as a contractor, or a false claims act?
Yes
If ”Yes,” give the name of the firm, the name of the person associated with that firm (if applicable), the year of the incident, and provide all relevant details about the incident including, but not limited to, the law, rule or regulation which the firm was convicted of violating, and the outcome of any proceedings, including any fine, penalties orjail sentences that were imposed.
7. Within the last five years, has your firm or any firm with which any of your firm’s owners, officers, directors, or managing employees was associated been found by a public body not to be a responsible bidder?
Yes N
If "yes,” provide the name of the firm, the name of the person associated with that firm (if applicable), and all details including, but not limited to, the year of the incident, the name of the awarding body, and the reasons given by that body for it actions.
8. Within the last five years, has your firm, or any firm with which any of your firm’s owners, officers, directors or managing employees was associated, been terminated for default or defaulted on a construction contract?
Yes
If ”yes,” provide the name of the firm, the name of the person associated with that firm, the year of the default, the location of the project, the full name and address of the owner of the project, the full name and address of the general contractor, the value of the contract, and the reasons given for the default.
9. The names of all persons interested in the foregoing proposals as principals are as follows:
(NOTE: If Bidder or other interested person is a corporation, state the legal name of the 23 Item #7.3.
corporation, along with the names of the president, secretary, treasurer, and manager thereof; if a general partnership, state true name of the firm, also the names of all individual partners composing the firm; if a limited partnership, the names of all general partners and limited partners; and if Bidder or other interested person is an individual, state first and last names in full.)
(W: ;Z
m¢a_
?Z
10. Contractor's License No. [(121[Q13]
Expiration Date: ,5 [£1 [2023 5
DIRRegistration No. _m
Ideclare under the penalty of perjury under the laws of the State of Californiathat the foregoing istrue and correct.
Signed Date: SIVZEF/Z;
Print name:
Relationship to bidder: (j 52;
24 Item #7.3.
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25 Item #7.3.
THIS PAGE INTENTIONALLYBLANK
27 Item #7.3.
Bid Bond N0. BB201973O
Bid Date: 08/15/2022
BIDBOND
KNOWALLPERSONSBYTHESEPRESENTSthat, Diamond D Construction, LLCdba DiamondD Engineering hereinafter called the PRINCIPAL, and U.S. specialty Insurance Companv .a corporation duly organized under the laws ofthe State of TX having its principal place of business at 33"‘? AM in the State of CA and
authorized to do business in the State of California, hereinafter called the SURETY,are held and firmly bound unto the City of Calistoga, hereinafter called the OBLIGEE,on order, in the sum of Fifty Five Thousand and 00/100 collar; (5 s5.ooo.oo ) (being at least ten percent (10%) of the total amount of PRINCIPAL'5 Base Bidproposal) lawful money of the United States, for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these present.
THECONDITIONSOF THIS OBLIGATIONARESUCHTHAT:
WHEREAS,the PRINCIPALhas submitted its Proposal for the project RANCHODECALISTOGASEWER LINEBANKSTABILIZATIONPROJECTto the OBLIGEE,said Proposal, by reference thereto; being hereby made a part hereof.
NOW, THEREFORE,ifsaid Proposal is rejected or, in the alternate, ifsaid Proposal is accepted and the PRINCIPALsigns and delivers a Contract and furnishes a Performance Bond and Payment Bond, in the form and within the time required by the Proposal and the Contract Documents, then this obligation shall become null and void, otherwise the same shall remain in fullforce and effect and upon default of the PRINCIPALshall be forfeited to the OBLIGEE,it being expressly understood and agreed that the liability of the SURETYfor any and all default of the PRINCIPAL shall be the amount of this obligation as herein stated, as liquidated damages. Such forfeiture and liquidated damages under this bond shall be without prejudice to the OBL|GEE’S right to pursue any excess actual damages from the PRINCIPALfor breach of contract or otherwise.
The SURETY,for value received, hereby agrees that the obligations of said SURETYand its bond shall not be impaired or affected by any extension of the time within which the OBLIGEEmay accept such Proposal, and the SURETYhereby waives notice of any such extension.
In the event suit is brought upon this bond by the OBLIGEEand judgment is recovered, the SURETYshall pay, in addition to the sum set forth above, all costs incurred by the OBLIGEEin such suit, including reasonable attorney's fees and expert witness fees, to be fixed by the court.
Signed this 11th day of August .2022
Diamond D Construction, LLC dba DiamondD gineering
PRINCIPAL
Note: Signature of person executing for SURETYmust be notarized and evidence of corporate authority attached.
28 Item #7.3.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifiesonly the identity of the individualwho signed the document to which this certificate is attached.and not the truthfulness, accuracy, or validityof that document.
State of California )
Countgof A_ __~_ Orange
_____ g_ _ )
On ...__[,_\
- before me, , AngelaKim’NOE?Pugi? ._ ___ .. Date Here Insert Name and Title of the Officer personally appeared . FreddyAr.'.v.aIj ,,_ "Wu Name(s)d of Signer(s) I 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 PENALTYOF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
§d:.4*..v_.ar..A.¢e..».b.c.-<$.a..s.s.I WlTNESS my hand and official seal. ANGELA‘(M V . NotaryPublic - California E', ‘ -i C Oriange County i _ _‘ omrnsslon 5 235778! ' - i - M,¢.,m,,.,_ E,,,,,, W ,5, ms Q Signature
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Docume
Title or Type of Document: Document Date: ___j.___, Number of Pages: Signer(s) Other Than Named Above: w W, Capacity(ies) Claimed by Signer(s) Slgner’s Name: FreddyAn‘/art
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I7]Corporate Officer — Title(s):
Signer’s Name: __ _____ ___
lf1Corporate Officer — Title(s):
lfl Partner — I’!Limited l'ilGeneral El Partner — [Tl Limited lfl General i llndividual 35]Attorney in Fact i llndividual l.'§l Attorney in Fact l??lTrustee L] Guardian or Conservator 3'.lTrustee L‘.Guardian or Conservator [fl Other: __ __ ___ lT_lOther: ___,,_,‘ Signer ls Representing: Signer ls Representing: W V __ W ___,_ ©2014 National NotaryAssociation - www.Nationa|Notary.org - 1-800-US NOTARY(1-800-876-6827) item #5907 Item #7.3.
‘ TOKIO MARINE
H c c
KNOWALLMENBYTHESE PRESENTS:
POWER OF ATTORNEY
That, U.S. SPECIALTYINSURANCECOMPANY(the "Company"), a corporation duly organized and existing under the laws ofthe State of Texas, and having its principal of?ce in Houston, Harris County, Texas, does by these presents make, constitute and appoint,
FREDDY ANVARI
its true and lawful Attorney-in-fact, withfull power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver bond number BB2019730 .issued_inthe course of its business and to bind the Company thereby, in an amount not to exceed SIXhundred thousand and 00/100 ( §60D,000.00 ). Said appointment is made under and by authority of the following resolutions of the Board of Directors of U. S.
Specialty Insurance Company:
"Beit Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)—in-Factto represent and act for and on behalf of the Company subject to the following provisions:
Attomey-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or ?nal estimates on engineering and construction contracts, and any and all notices and documents canceling orterminating the Company's liabilitythereunder.and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as ifsigned by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized of?cer and seal of the Company henetofore or hereafter af?xed to any power of attorney or any certi?cate relating thereto by facsimile, and any power of attorney or certi?cate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." Adopted by unanimous written consent in lieu of meeting on September 1*‘,2011.
The Attomey-in-Fact named above may be an agent or a broker of the Company. The granting of this Power of Attorney is specific to this bond and does not indicate whether the Attorney—in—Factis or is not an appointed agent of the Company.
INWITNESS WHEREOF, U.S. Specialty Insurance Company has caused its seal to be af?xed hereto and executed by its Senior Vice President on this 18"‘day of April,2022.
state of Camzomia U.S. SPECIALTY I SURANCECOMPANY
County of Los Angeles SS:
Adam S. Pesst .Senior Vice President
A Notary Public or other of?cer completing this certi?cate veri?es only the identity of the individualwho signed the document to which this certi?cate is attached. and not the truthfulness accurac or validly ofthat document.
On this 18"‘day of April,2022.before me.Sonia O. Carrejo, a notary public, personally appeared Adam S. Pessin, Senior Vice President of U.S. Specialty Insurance Company, who proved to me on the basis ofsatisfactory evidence to be the person whose name issubscribed to the withininstrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of CALIFORNIAthat the foregoing paragraph is tme and correct.
WITNESS my hand and officialseal. _ SGIM0. CAIIIUO Maury Fubllc- ullfnrnln launplu Cnurity
’ 5
Signature 4 (seal) ’~::~:';:- mm?‘a".;'?.t}.??§§!‘;o..§ I, Kio Lo.Assistant Secretary of US. Specialty Insurance Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in fullforce and effect.
INWITNESS WHEREOF, I have hereunto set my hand this 11th day of August , 2022 KioLo.
Assisésecreta
ry
Wslttmhcc.corn/surety formoreinformation HCCSOZZPOAUSSICOAIZOZZ Bond No, BB2019730
Agency No. 19223
Item #7.3.
Secretary of State
Articles of Organization
LimitedLiabilityCompany (LLC)
LLC-1
IMPORTANT—— Read instructions before completing this form.
Filing Fee - $70.00
Copy Fees —Firstplain copy free; Additionalcopies: First page $1.00 & .50 for each attachment page; Certi?cationFee — $5.00
Important! LLCsmay have to pay an annual minimum $800 tax to the California Franchise Tax Board. For more information, go to https;//www ftb cagov. This Space For O?ice Use Only l
1. Limited Liability Company Name (See instructions — Must contain an LLCending such as LLCor LLC. ‘LLC’ willbe added. if not included.) DiamondD Construction LLC
‘I
2. Business Addresses
State Z'pCode
1 cA 95482
a. lmlialStreet Address of Designated Ol?ce in California - Do not list a P.0. Box City (no abbreviations) 650 BlueOak Drive Ukiah
l b. initialMailirIgAddrassolLLC,lt¢I?ererItt'l\anihm2a City (no abbreviations) State zp Code L_650BlueOak Drive
A Ukiah CA 95482
turn3aend3b:lfnamingmlndlvldual.thea9emmustresideinCalifoniaandltem3aand3bnmstbe completedwithlheagedsnarseartdccxnpletecalioniastreetaddress. ltem3c: lfnarningacaliforniaRe$teredCupaateAgun.awnemagentregistratimoert?catenmstbem?le withthecaiforniasecretaryolstateand Itemacmuslbecompleted (leave Item 3a-3b blank).
3. Agent for Service of Process
a. California Agent's FirstName (it agent is not a corporation) MidcleName Last Name Sut?x Tyler Lawson
b. Street Address (if agent is not a corporation) - Do not list a P.0. Box City (no abbreviations) Stale zrzvpCode 650 BlueOak Drive Ukiah CA 95432
,_
c. CaliforniaRegislered CorporateA9ent‘s Name (iiagent isacorporation)—Donotoomplete ltem3aor3b
4. Management (Select only one box)
The LLCwillbe managed by
9‘I
C One Manager More than One Manager AllLLCMember(s)
5. Purpose Statement (Do not alter Purpose Statement)
The purpose of the limited liability company is to engage in any lawful act or activity for which a limited liability company may be organized under the California Revised Uniform LimitedLiabilityCompany Act.
6. The Informationcontained herein, including in any attachments, is true and correct. ‘ Ur i “ix/\>
Orga er ign here
Tyler Lawson
Print your name here
LLC-1(REV 06/2016) 2016CaliforniaSecretaryofState
www.sos.ca.gov/businesslbe
Item #7.3.
Dim.
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i
Item #7.3.
30 CONTRACT FOR CONSTRUCTION
RANCHO DE CALISTOGA SEWER LINE BANK STABILIZATION PROJECT THIS CONTRACT FOR CONSTRUCTION is made and entered into this ____ day of ___________, 2022 by and between the City of Calistoga, a municipal corporation, (hereinafter referred to as “City”) and _____________________________________, a California corporation, located at ________________________________, (hereinafter referred to as “Contractor”).
The City and the Contractor agree as follows:
(1) CONTRACT SUM: The City agrees to pay, and the Contractor agrees to accept, in full payment for the above work, the sum of _____________________________________ dollars ($________________) is to be paid in accordance with the Contract Documents. (2) COMPLIANCE WITH LAW: The City is a public agency. All provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and will be complied with by the Contractor.
(3) CONTRACT DOCUMENTS: The following Contract Documents relating to this Contract for Construction are hereby made a part of and incorporated by reference into this Agreement: The Notice Inviting Bids, Information for Bidders, Contract Proposal, Faithful Performance Bond, Labor and Materials Payment Bond, General Conditions, Supplemental Conditions, Special Provisions, Technical Specifications, State of California Department of Transportation Standard Plans and Specifications, 2018 edition, City of Santa Rosa Design and Construction Standards, most recent version, the Project Plans, duly issued addenda, duly issued interpretations, approved change orders, preliminary construction schedule, Contractor’s guarantee and bond, and supplemental agreements, certifications, and endorsements applicable to this work, with all modifications incorporated in said documents prior to receipt of the Contract Proposals. Any work called for in one contract document not mentioned in another is to be performed and executed the same as if mentioned in all Contract Documents.
This Agreement (including all documents referred to above and incorporated herein) represents the entire and integrated Agreement between City and Contractor for the Project and supersedes all prior negotiations, representations, or agreements, either written or oral.
This document may be amended only by written instrument, as provided in the General Conditions.
Contractors are required by law to be licensed and regulated by the Contractor’s State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation.
A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor 09 September
Diamond D Construction, LLC 650 Blue Oak Drive Ukiah
one-hundred and seven thousand,four-hundred and fifty three 107,453
Item #7.3.
31 may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
This Agreement is effective upon approval by the City Council, execution by the Contractor and concurrence by the Agency’s designated representative.
CITY OF CALISTOGA ,
a California Corporation
By: By:
Laura Snideman, City Manager (Authorized Representative of Contractor) Dated: ________________________ Printed Name:
ATTEST: Title:
(Attach Acknowledgment for Authorized
Representative of Contractor)
Marni Rittburg, City Clerk Date: __________________ _______ Diamond D Construction, LLC
Item #7.3.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Hamid Heidary, Engineer
Meeting: City Council - Sep 06 2022
Subject: Amendment No.1 to Project Specific Maintenance Agreements with Cal Trans for Pathways on the State Highway System
DESCRIPTION:
Consider adopting a Resolution that authorizes the City Manager to execute Amendment Number 1 to Project Specific Maintenance Agreements with Cal Trans for maintenance of pathways on the State Highway System.
RECOMMENDATION:
Consider adopting a Resolution.
BACKGROUND/SUMMARY:
The Vine Trail Pathway is a planned 47-mile walking & biking trail from Calistoga to American Canyon and eventually terminating at the Vallejo Ferry. In Calistoga the trail consists of the existing pathway along the frontage of Indian Springs Resort and lower Washington Street to Dunaweal Lane.
Ultimately it will extend to the intersection of Silverado Trail and Lincoln Avenue.
As a condition of development on Lincoln Avenue north of Fair Way, developers are being asked to construct sections of the Vine Trail pathways along their frontage. The Lincoln Apartment project was conditioned to install Class 1 multi-use pathway from the southerly terminus of the proposed Vine Trail extension on Calistoga Motor Lodge Spa frontage, along the entire project frontage and adjacent property frontage and connect to existing pathway just north of the Brannan Street intersection. The Applicant has received tentative approval from Cal Trans to construct the pathway.
City Council previously adopted the original maintenance agreement with Caltrans on January 15, 2019 that entered Calistoga into a Project Specific Maintenance Agreement for the section of Vine Trail along the Motor Lodge frontage. As a conditional of approval, Caltrans is requiring the 2019 Maintenance Agreement be amended to include the new section of the Vine Trail to Brannan Street Intersection.
The recommended Resolution authorizes the City Manager to execute Amendment Number 1 to the Project Specific Maintenance Agreements, in substantial conformance with the attached amendment, for pathways on State Rights of Way.
CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:
This proposed pathway and its maintenance advances Council Goal No. 3: Establish, improve and maintain City infrastructure, Objective No. 7, Improve all forms of transportation, including active transportation such as walking and cycling.
Item #7.4.
CEQA STATUS:
The recommended Resolution is specific to maintenance activities which are categorically exempt per the California Environmental Quality Act pursuant to Title 14, California Code of Regulations, Section15302(c).
FINANCIAL IMPACT:
There will be a nominal cost to maintain the pathway but the costs are expected to me minimal and can be completed using existing and future street maintenance appropriations.
ATTACHMENT(S):
Att 1_Draft Resolution
Project Specific Maintenance Agreement
Amendment No.1 to The Project Specific Maintenance Agreement APPROVAL(S):
Laura Snideman, City Manager Approved - Aug 26 2022
Marni Rittburg, City Clerk Approved - Aug 26 2022
Item #7.4.
RESOLUTION NO. 2022-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF
NAPA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER 1 TO CAL TRANS MAINTENANCE
AGREEMENTS FOR PATHWAYS ON STATE HIGHWAY RIGHTS OF WAY
WHEREAS, the City Council of the City of Calistoga supports the construction of the planned 47 mile Vine Trail Pathway from Calistoga to American Canyon and eventually terminating at the Vallejo Ferry; and
WHEREAS, the City Council of the City of Calistoga anticipates certain developments on Lincoln Avenue will be conditioned to construct portions of the Vine Trail Pathway, or other pathways, along their Lincoln Avenue frontages, or other State Highway Rights of Way; and WHEREAS, the proposed pathways and there on-going maintenance advances the City Council’s goals to improve all forms of transportation, including active transportation such as walking and cycling; and
WHEREAS, the California Department of Transportation requires as a condition of approval to construct the desired pathways in State Right of Way, that Project Specific Maintenance Agreements be entered into to ensure that the pathways are adequately maintained; and
WHEREAS, The City Council by Resolution 2019-003 authorized the City Manager to entered into a Project Specific Maintenance Agreement with Cal Tans for the section of Vine Trail along the Motor Lodge; and
WHEREAS, Lincoln Apartment project is conditioned to install Class 1 multi-use pathway from the southerly terminus of the proposed Vine Trail extension on Calistoga Motor Lodge Spa frontage, along the entire project frontage and adjacent property frontage and connect to existing pathway just north of the Brannan Street intersection; and WHEREAS, Caltrans has tentatively approved the new section of Vine Trail with a condition to amend the 2019 Maintenance Agreement to include the new section of the Vine Trail; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:
1. Authorizes the City Manager to execute Amendment Number 1 to Cal Trans Maintenance Agreements for pathways on state highway rights of way.
PASSED, APPROVED AND ADOPTED this 6th day of September, 2022. I, MARNI RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:
AYES:
ATTACHMENT 1
Item #7.4.
Resolution No. 2022-XXX
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
____________________________ __________________________ Marni Rittburg, CMC, City Clerk Chris Canning, Mayor
Item #7.4.
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Item #7.4.
Amendment No. 1
04-NAP-29 PM 37.52/37.85
1 AMENDMENT NUMBER 1 TO
PROJECT SPECIFIC MAINTENANCE AGREEMENT
BETWEEN THE STATE OF CALIFORNIA
AND THE CITY OF CALISTOGA
This Amendment Number 1 to the Project Specific Maintenance Agreement identified below (AMENDMENT), entered into and effective on _________________, is between the State of California, acting by and through the Department of Transportation, hereinafter referred to as (“STATE”), and City of Calistoga, a municipal corporation, hereinafter referred to as (“CITY”), acting by and through its Mayor. CITY and STATE together are hereafter referred to as “PARTIES”.
RECITALS:
1. PARTIES, entered into an agreement on June 27, 2019, entitled “Project Specific Maintenance Agreement” hereafter referred to as (“AGREEMENT”), AGREEMENT defined the terms and conditions applicable to CITY’s maintenance duties of a separated path, signs, and headwall/site retaining wall within STATE right of way along State Route (SR) 29, as shown in Exhibit “A” of AGREEMENT.
2. AGREEMENT by its terms provides that it may be modified and amended at any time upon mutual consent of the PARTIES.
3. The purpose of this AMENDMENT is to assign and expand the maintenance responsibilities of extending a segment of multi-use path from Calistoga Motor Lodge to the existing sidewalk at the Brannan Street intersection as part of Vine Trail Pathway.
4. PARTIES to amend AGREEMENT as provided herein.
IT IS THEREFORE MUTUALLY AGREED:
5. EXHIBIT “A” is hereby deleted and replaced by EXHIBIT “A” (REVISION 1).
6. All other terms and conditions of AGREEMENT shall remain in full force and effect.
7. AMENDMENT is hereby deemed to be included and made a part of AGREEMENT.
Item #7.4.
Amendment No. 1
04-NAP-29 PM 37.52/37.85
2 IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written.
THE CITY OF CALISTOGA STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATON
By: ______________________________
Chris Canning
City Mayor
Initiated and Approved:
By: ______________________________ By: ______________________________
City Manager
ATTEST:
Leah Budu Date
Deputy District Director
Maintenance
By: _______________________________
Marni Rittburg
City Clerk
By: _______________________________
City Attorney
Item #7.4.
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COPYRIGHT © 2016 BKF ENGINEERS
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Item #7.4.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Sep 06 2022
Subject: Amendment No. 1 to the Professional Services Agreement No. 858 with AECOM for Dunaweal Pump Station Replacement Project and Authorizing Staff to Submit a Revised Local Match Fund Commitment Letter to California Office of Emergency Services (CalOES)
DESCRIPTION:
Consider adopting a Resolution approving Amendment No. 1 to the Professional Services Agreement No. 858 with AECOM to Provide Planning, Environmental and Preliminary Engineering Services for the Dunaweal Pump Station Replacement Project in an amount not to exceed $457,500 and authorizing staff to submit a Revised Local Match Fund Commitment Letter to California Office of Emergency Services in the amount up to $1,800,000.
RECOMMENDATION:
Consider adopting Resolution.
BACKGROUND/SUMMARY:
In June 2018, staff submitted a Notice of Intent (NOI) to request FEMA Hazard Mitigation Grant Program (HMGP) funds for the Dunaweal Water Booster Pump Station Project in the amount of $6.7M. FEMA accepted the NOI and staff began the application process. The application required staff to prepare a match commitment letter (25% local match for $1,700,000) that your council adopted with Resolution 2018-079.
The city’s application was approved by FEMA/CalOES in December 2019 and authorized the City to proceed to complete phase 1 work. Staff prepared a request for proposals for the engineering services on January 8, 2020 and City Council awarded the professional services to AECOM (agreement No. 858) to produce 30% designs of the project in an amount not to exceed $670,000.
Project Objectives
This project has several objectives to improve Calistoga’s water delivery system which are listed below:
• Comply with California Department of Water Resources, Division of Drinking Water mandate to remove Pope Street pump station from the 100-yr floodway. • Construct a replacement pump station further down-valley from Pope Street that will significantly improve the suction pressures and water delivery to town for fire and peak conditions with near double the delivery ability to town. • Provide Granulated Activated Carbon filtering along with air strippers to improve water quality. (e.g. reduce disinfection byproducts along with taste and odor issues) Item #7.5.
• Improve Dunaweal Pump Station with new pumps and improved controls to work in series with the down-valley pump station.
• Improve water delivery redundancy to Calistoga critical for our water supply system. • Elevate Dunaweal and down-valley pump station out of the 100-year floodplain/way. • Build improvements with non-combustible materials to protect pump station facilities from wildland fire.
Scope of Work Change
In November of 2021, CalOES notified the city that Phase I design should include a higher level of design up to 60% for the facility. Additionally, the scope of work grew for AECOM during initial design development that included:
• Addition of the design of a second pump station (PS) to replace the Dunaweal PS to provide redundancy.
• Provide operational ability for Calistoga to operate either of the two pump stations independently and still deliver water supply to town or both in series. • Increase designs from 30% to 60% level architectural, structural, electrical, and mechanical designs.
• Three additional down-valley sites were evaluated to meet these conditions, requiring additional hydraulic, soils, and environmental/CEQA work.
As a result of the scope of work changes a new amendment to AECOM’s professional services agreement is required along with an updated match commitment letter from the City of Calistoga to FEMA/CalOES to request additional funding from the grant.
CONSISTENCY WITH CITY COUNCIL GOALS AND OBJECTIVES:
The project is consistent with Goal No. 3, Establish, improve and maintain City infrastructure; Objective No. 2, maintain the high level of service and reliability of the City's infrastructure systems and facilities.
CEQA STATUS:
The project will be completing CEQA as this scope of work.
FINANCIAL IMPACT:
The City Council adopted $1,264,000 in the FY22/23 CIP budget for the Dunaweal Booster Station project, Account No. 12-5586-4905-4915. AECOM initially requested a contract amendment in the amount of $650,122 to complete the additional scope of work. Staff was able to negotiate that cost down significantly (about 30%) to $457,500. Upon approval of this amendment, the total design budget will be $1,127,500 ($457,500 + $670,000), which is within the adopted budget.
In order to make this additional funding request, CalOES/FEMA requires an updated match commitment letter from Calistoga for the entire project costs be adopted by Council. Council previously adopted Resolution No. 2018-079 in the amount up to $1,700,000 and now is being asked to adopt the revised match commitment letter in the amount up to $1,800,000 for the grant to consider the additional funding request.
ATTACHMENT(S):
1. Draft Resolution
2. Amendment No. 1 to AECOM Professional Services Agreement No. 858 Item #7.5.
APPROVAL(S):
Derek Rayner, Public Works Director/City Engineer Approved - Aug 29 2022 Laura Snideman, City Manager Approved - Aug 29 2022
Marni Rittburg, City Clerk Approved - Aug 30 2022
Item #7.5.
RESOLUTION NO. 2022-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF NAPA, STATE OF CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT NO. 858 WITH AECOM FOR DUNAWEAL
BOOSTER PUMP STATION REPLACEMENT PROJECT IN AN AMOUNT NOT TO EXCEED $457,500 AND AUTHORIZING STAFF TO SUBMIT A REVISED LOCAL MATCH
FUND COMMITMENT LETTER TO CALIFORNIA OFFICE OF EMERGENCY SERVICES (CalOES) IN THE AMOUNT UP TO $1,800,000
WHEREAS, in June 2018, staff submitted a Notice of Intent to request FEMA Hazard Mitigation Grant Program (HMGP) funds for the Dunaweal Water Booster Pump Station Project in the amount of $6.7M; and
WHEREAS, on August 7, 2018, council approved Resolution No. 2018-079 approving the submittal of a match fund commitment letter in the amount of $1,700,000 equal to 25% of the estimated total project cost of $6.7M to CalOES; and WHEREAS, the city’s application was approved by FEMA in December 2019, and authorized the City to proceed to complete phase 1 work; and WHEREAS, the phase 1 work included evaluating three alternative pump station sites down valley, and included an evaluation of the floodplain, environmental and hydraulic benefits (including combining two stations into one), and provided a summary of findings in a feasibility study along with 30% designs and included water quality improvements; and WHEREAS, staff prepared a request for proposals for the engineering services on January 8, 2020, and Council awarded the professional services agreement to AECOM (Agreement No. 858) to produce 30% designs of the project in an amount not to exceed $670,000; and
WHEREAS, the scope of work grew for AECOM during initial design development that included three additional site assessments and increasing designs from 30% to 60% level; and
WHEREAS, as a result of the scope of work changes a new amendment to AECOM’s professional services agreement is required along with an updated match commitment letter from the City of Calistoga to CalOES to request additional funding from the grant; and
WHEREAS, staff received a proposal from AECOM in the amount of $457,500 to complete the additional scope of work; and
WHEREAS, there are sufficient appropriations contained in FY 2022/23 CIP Budget Account No. 12-5586-4905-4915 to cover the cost of Amendment No. 1; and ATTACHMENT 1
Item #7.5.
Resolution No. 2022-XXX
WHEREAS, staff recommends council authorizing the revised local match fund commitment letter to CalOES for Dunaweal Pump Station Replacement Project in the amount up to $1,800,000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:
1. Approves Amendment No. 1 to Professional Service Agreement No. 858 with AECOM in an amount not to exceed $457,500.
2. Authorizes staff to submit a revised local match fund commitment letter to CalOES in the amount up to $1,800,000 to fund the Dunaweal Booster Pump Station Replacement Project.
PASSED, APPROVED AND ADOPTED this 6
th day of September, 2022. I, MARNI
RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
____________________________ __________________________ Marni Rittburg, CMC, City Clerk Chris Canning, Mayor
Item #7.5.
AMENDMENT NO. 1
DESIGN PROFESSIONAL SERVICES AGREEMENT
DUNAWEAL PUMP STATION REPLACEMENT PROJECT
Authorizing Agreement No. 858-01
Amending Agreement No. 858
This AMENDMENT NO. 1 to the Agreement between the City of Calistoga and AECOM (hereinafter Amendment No. 1) is hereby entered into as of the day of September 2022, by and between the City of Calistoga, a municipal corporation (hereinafter referred to as “City”) and AECOM (hereinafter referred to as “Design Professional”).
RECITALS
WHEREAS, City and Design Professional have previously entered into a Design Professional Services Agreement for design professional services in connection with the Dunaweal Pump Station Replacement Project (herein referred to as “Agreement”), said agreement being dated June 16, 2020; and
WHEREAS, additional environmental review, permitting and design engineering services are required to complete the project.
WHEREAS, FEMA Federal Provisions needs to be included in the Agreement.
NOW, THEREFORE, the parties do hereby mutually agree to amend the Agreement as follows:
1. Continuation of Term. The parties to the Agreement expressly agree that the term of the Agreement shall be extended to December 31,2023.
2. Amendments. All terms and conditions of the Agreement, as amended, as attached as Exhibit “A,” Exhibit “B,” Exhibit “C,” shall remain in full force and effect; except that the following amendments shall be made as set forth below:
A. Section 2 shall be amended and replaced in its entirety by the following:
Time of Performance. The services of Design Professional are to commence within 10 days of receiving the City's Notice to Proceed and be completed no later than April 30, 2023. Design Professional shall perform its services in accordance with the schedule attached hereto as Exhibit "A." Any changes to the dates in this Section or Exhibit “A” must be approved in writing by the City.
B. Section 3.A. shall be amended and replaced in its entirety by the following:
A. Compensation. The compensation to be paid to Design Professional, including both payment for professional services and reimbursable expenses, shall be at the rate attached hereto as Exhibit "A." However, in no event shall the amount City pays Design Professional exceed One-Million and Ninety-Four Thousand and Nine-Hundred and Six Dollars ($1,094,906.00). Payment by City ATTACHMENT 4 Item #7.5.
AECOM – Agreement #858 2 of 3
Amendment No. 1
under this Agreement shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the City at the time of payment.
C. Section 14 shall be amended by adding the following:
Compliance with Federal Law. The Services shall be performed in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and orders. Notwithstanding anything to the contrary in this Agreement, pursuant to 29 CFR 97.36, CONSULTANT is hereby notified of, and shall comply with the following requirements and regulations imposed by the Federal Emergency Management Agency (FEMA) when engaging in activities of CONSULTANT under this Agreement and as set forth in the FEMA Federal Provisions in Exhibit D, attached hereto and incorporated by reference herein.
D. Section 35 shall be amended by adding the following:
D. Exhibit D: FEMA Federal Provisions.
E. Section 4 (Work Plan-Scope of Work) of Exhibit A shall be amended by adding the following:
• Tasks 1.A.1 (Hydraulic Study), 1.A.3, 1.A.4, 1.C.1 shall include 4 sites. • Tasks 1.B.1 and 1.B.3 shall include Dunaweal pump station site. • Task 1.C.4 shall include completion of the CEQA documents through adoption
• Tasks 1.A.1 (Hydrant Test), 1.C.3 and 1.C.4 is deleted from scope of work. • Designs, plans, specifications, and engineer’s estimate shall be completed to 60% completion level.
• Task 1.E.1 and 1.E.1a. Geotechnical investigations for Rutherford and Dunaweal sites.
• Task 1.E.2. Prepare Civil, Hydraulic and Process Design a. Civil
i. Site design and grading
ii. Site drainage
b. Site piping refinement (elevations, coordinates, etc.) Process Design i. Add instrumentation and details
ii. Add surge tank pressure system
iii. Add air stripper air supply details
iv. Finalize system hydraulics and pump selection/specification v. PS sections and views
vi. Process details
c. Treatment Design
i. Trussell will advance the design as outlined in Attachment 2. d. Update hydraulic model based on adjustment at 60%
e. Construction sequencing analysis specifically during demolition and construction of the Dunaweal PS.
• Task 1.E.3. Architectural and Landscape Design
Item #7.5.
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Amendment No. 1
a. Building elevations
b. Building material identification
• Task 1.E.4. Structural design including calculations and design drawings • Task 1.E.5. Electrical Design Instrumentation Design
a. Electrical Design
i. Detailed site plan
ii. Detailed single line diagrams
iii. Panels and fixture schedules
iv. Power/controls, grounding, and lighting plans
v. Conduit schedules and layouts
b. Update P&IDs as required by the 60 percent updates
• Task 1.E.6. Prepare mechanical (HVAC) design and drawings • Task 1.E.7 Update Engineer’s estimate of probably cost
3. Conflicts. In the event of a conflict between the terms and provisions of this Amendment No. 1 to Agreement and the terms and provisions of the original Agreement, the terms of this Amendment No. 1 shall govern and control.
IN WITNESS WHEREOF, the City and Design Professional have executed this Amendment No. 1 as of the date first above written.
CITY OF CALISTOGA AECOM
By: By:
Laura Snideman Craig Smith, P.E.
Title: City Manager Title: Associate Vice-President
ATTEST:
Marni Rittburg
City Clerk
Item #7.5.
1 EXHIBIT A
FEMA FEDERAL PROVISIONS
I. DEFINITIONS
A. Government means the United States of America and any executive department or agency thereof.
B. FEMA means the Federal Emergency Management Agency.
C. Third Party Subcontract means a subcontract at any tier entered into by Contractor or subcontractor, financed in whole or in part with Federal assistance originally derived from the Federal Emergency Management Agency.
II. FEDERAL CHANGES
A. Contractor shall at all times comply with all applicable regulations, policies, procedures, and FEMA Directives as they may be amended or promulgated from time to time during the term of this Agreement, including but not limited to those requirements of 2 CFR 200.317 through 200.326 and more fully set forth in Appendix II to Part 200—Contract Provisions for non–Federal Entity Contracts Under Federal Awards, which is included herein by reference. Contractor's failure to so comply shall constitute a material breach of this contract.
B. The Contractor agrees to include the above clause in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
III. ACCESS TO RECORDS
A. The Contractor agrees to provide the City, FEMA, the Comptroller General of the United States or any their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions.
B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
C. The Contractor agrees to maintain all books, records, accounts, and reports required under this Agreement for a period of not less than three years after the later of: (a) the date of termination or expiration of this Agreement or (b) the date City makes final payment under this Agreement, except in the event of litigation or settlement of claims arising from the performance of this Agreement, in which case, Contractor agrees to maintain same until the City, FEMA, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims, or exceptions related thereto.
D. The requirements set for in paragraphs A, B, and C above are all in addition to, and should not be considered to be in lieu of, those requirements set forth in Section 21 of the Agreement.
D
Item #7.5.
2 IV. DEBARMENT AND SUSPENSION
A. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
B. Contractor represents and warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension" or on the USEPA's List of Violating Facilities. Contractor agrees that neither Contractor nor any of its third party subcontractors shall enter into any third party subcontracts for any of the work under this Agreement with a third party subcontractor who is debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs under executive Order 12549 or on the USEPA's List of Violating Facilities. Gov. Code § 4477.
C. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. Contractor agrees to the provisions of Attachment 1, Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions, attached hereto and incorporated herein.
For purposes of this Agreement and Attachment 1, Contractor is the “prospective lower tier participant.”
D. The Contractor agrees to include paragraphs A and B above in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the paragraphs shall not be modified, except to identify the subcontractor who will be subject to its provisions.
E. This certification is a material representation of fact relied upon by City. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of California, the City, and the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
F. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.”
V. NO FEDERAL GOVERNMENT OBLIGATIONS TO CONTRACTOR
A. The City and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Government, the Government is not a party to this contract and shall not be subject to any obligations or liabilities to the City, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.
B. The Contractor agrees to include the above clause in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further Item #7.5.
3 agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
VI. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE (applicable to all construction contracts awarded meeting the definition of “federally assisted construction contract” under 41 CFR 61-1.3)
Contractor agrees to comply with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Part 60). 41 CFR
60.14 is hereby incorporated by reference.
A. Contractors and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave.
B. Contractors, and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
C. Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.
D. Contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
VII. ANTI-KICKBACK ACT COMPLIANCE (applicable to all contracts and subgrants for construction or repair; 44 CFR §13.36(i)(4))
Contractor agrees to comply with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3).
VIII. DAVIS-BACON ACT COMPLIANCE (applicable to construction contracts in excess of $2,000 awarded by grantees and subgrantees when required by Federal grant program legislation;)
To the extent required by any Federal grant programs applicable to expected funding or reimbursement of City’s expenses incurred in connection with the services provided under this Agreement, Contractor agrees to comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a–7) as supplemented by Department of Labor regulations (29 CFR Part 5) as set forth below. These requirements are in addition to the requirements set forth in Section 19(b) of the Agreement.
A. The Contractor shall be bound to the provisions of the Davis-Bacon Act, and agrees to be bound by all the provisions of Labor Code section 1771 regarding prevailing wages.
All labor on this project shall be paid neither less than the greater of the minimum wage Item #7.5.
4 rates established by the U.S. Secretary of Labor (Federal Wage Rates), or by the State of California Director of Department of Industrial Relations (State Wage Rates). Current DIR requirements may be found at http://www.dir.ca.gov/lcp.asp.
B. The general prevailing wage rates may be accessed at the Department of Labor Home Page at www.wdol.gov. Under the Davis Bacon heading, click on “Selecting DBA WDs.” In the drop down menu for State, select, “California.” In the drop down menu for County, select “Napa.” In the drop down menu for Construction Type, make the appropriate selection. Then, click Search.
IX. CONTRACT WORK HOURS AND SAFETY STANDARDS (applicable to all contracts in excess of $100,000 that involve the employment of mechanics or laborers, but not to purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence) A. Compliance: Contractor agrees that it shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327–330) as supplemented by Department of Labor regulations (29 CFR Part 5), which are incorporated herein.
B. Overtime: No contractor or subcontractor contracting for any part of the work under this Agreement which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
C. Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the provisions of Paragraph B, the Contractor and any subcontractor responsible therefore shall be liable to any affected employee for his unpaid wages. In additions, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the provisions of paragraph B in the sum of $10 for each calendar day on which such employee was required or permitted to be employed on such work in excess of eight hours or in excess of his standard workweek of forty hours without payment of the overtime wages required by paragraph B.
D. Withholding for unpaid wages and liquidated damages: The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set for in paragraph C of this section.
E. Subcontracts: The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs A through D of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Item #7.5.
5 contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs A through D of this section.
X. NOTICE OF REPORTING REQUIREMENTS
A. Contractor acknowledges that it has read and understands the reporting requirements of FEMA in Part III of Chapter 11 of the United States Department of Justice’s Office of Justice Programs Financial Guide, and agrees to comply with any such applicable requirements.
B. The Contractor agrees to include the above clause in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
XI. NOTICE OF REQUIREMENTS PERTAINING TO COPYRIGHTS
A. Contractor agrees that FEMA shall have a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes:
1) The copyright in any work developed with the assistance of funds provided under this Agreement;
2) Any rights of copyright to which Contractor purchases ownership with the assistance of funds provided under this Agreement.
B. The Contractor agrees to include paragraph A above in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
XII. PATENT RIGHTS (applicable to contracts for experimental, research, or development projects financed by FEMA; 44 CFR §13.36(i)(8))
A. General. If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under this Agreement, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the City and Contractor agree to take actions necessary to provide immediate notice and a detailed report to FEMA.
B. Unless the Government later makes a contrary determination in writing, irrespective of Contractor's status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), the City and Contractor agree to take the necessary actions to provide, through FEMA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” 37 CFR, Part 401.
C. The Contractor agrees to include paragraphs A and B above in each third party subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FEMA.
Item #7.5.
6 XIII. ENERGY CONSERVATION REQUIREMENTS
A. The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC 6201).
B. The Contractor agrees to include paragraph A above in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
XIV. CLEAN AIR AND WATER REQUIREMENTS (applicable to all contracts and subcontracts in excess $100,000, including indefinite quantities where the amount is expected to exceed $100,000 in any year)
A. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA).
B. Contractor agrees to report each violation of these requirements to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to FEMA and the appropriate EPA regional office.
C. The Contractor agrees to include paragraph A and B above in each third party subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA.
XV. TERMINATION FOR CONVENIENCE OF CITY (applicable to all contracts in excess of $10,000)
See Paragraphs 10 and 11 of the Agreement.
XVI. TERMINATION FOR DEFAULT (applicable to all contracts in excess of $10,000) Contractor’s failure to perform or observe any term, covenant or condition of this Agreement shall constitute an event of default under this Agreement. See Paragraphs 9 and 11 of the Agreement.
XVII. CHANGES.
See Paragraph 17 of the Agreement.
XVIII. LOBBYING (Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended).) A. Contractor shall not use or pay any funds received under this Agreement to influence or attempt to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, Item #7.5.
7 amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
B. Contractor agrees to the provisions of Attachment 2, Certification Regarding Lobbying, attached hereto and incorporated herein (applicable for contracts or subcontracts in excess of $100,000).
C. Contractor agrees to include paragraphs A and B above in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
XIX. MBE / WBE REQUIREMENTS
The City intends to seek reimbursement of its costs incurred in connection with this project from FEMA. Accordingly, the CONTRACTOR shall make every effort to procure Minority and Women's Business Enterprises ("DBEs") through the "Good Faith Effort" process as required in 2 CFR 200.321. Failure to perform the "Good Faith Effort" process and submit the forms listed below with the bid shall be cause for a bid to be rejected as nonresponsive and/or be considered as a material breach of the contract.
PRIME CONTRACTOR RESPONSIBILITIES
All recipients of this grant funding, as well as their prime contractors and subcontractors, must take all affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible make every effort to solicit bids from eligible DBEs. This information must be documented and reported. "GOOD FAITH" EFFORT PROCESS
Any public or private entity receiving federal funds must demonstrate that efforts were made to attract MBE/WBEs. The process to attract MBE/WBEs is referred to as the "Good Faith" effort. This effort requires the recipient, prime contractor and any subcontractors to take the steps listed below to assure that MBE/WBEs are used whenever possible as sources of supplies, construction, equipment, or services. If a CONTRACTOR fails to take the steps outlined below shall cause the bid to be rejected as non-responsive and/or be deemed a material breach of the contract.
A. Place qualified small and minority businesses and women's business enterprises on solicitation lists;
B. Assure that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
C. Divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
D. Establish delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and E. Use the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce.
Item #7.5.
8 F. If subcontracts are to be let, Contractor shall take the affirmative steps listed in 2 CFR 200.321.
XX. PROCUREMENT OF RECOVERED MATERIALS (2 CFR 200.322)
Contractor shall comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
XXI. INCORPORATION OF UNIFORM ADMINISTRATIVE REQUIREMENTS The preceding provisions include, in part, certain standard terms and conditions required by FEMA, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by FEMA are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FEMA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any City requests that would cause City to be in violation of the FEMA terms and conditions.
XXII. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS.
The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor’s actions pertaining to this contract.
XXIII. DHS SEAL, LOGO, AND FLAGS.
The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval.
Item #7.5.
9 Attachment A1
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION – LOWER TIER COVERED TRANSACTIONS
(Lower Tier refers to the agency or contractor receiving Federal funds, as well as any subcontractors that the agency or contractor enters into contract with using those funds) As required by Executive Order 12549, Debarment and Suspension, as defined at 44 CFR Part 17, City may not enter into contract with any entity that is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal Government from participating in transactions involving Federal funds. Contractor is required to sign the certification below which specifies that neither Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal agency. It also certifies that Contractor will not use, directly or indirectly, any of these funds to employ, award contracts to, engage the services of, or fund any contractor that is debarred, suspended, or ineligible under 44 CFR Part 17.
Instruction for Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definition and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Item #7.5.
10 Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction originated may pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions
1. The prospective lower tier participant certifies, by submission of its proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
Contractor Signature Date
Item #7.5.
11 Attachment A2
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loan, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Contractor Signature Date
Item #7.5.
City of Calistoga
STAFF REPORT
To: Honorable Mayor and City Council
From: Marni Rittburg, City Clerk
Meeting: City Council - Sep 06 2022
Subject: Consider displaying the Flag of Mexico on the City’s Ceremonial Flagpole.
DESCRIPTION:
Consider displaying the Flag of Mexico from September 15, 2022, to October 15, 2022, on the City’s Ceremonial Flagpole.
RECOMMENDATION:
Approve the request to display the non-governmental flag on the City’s ceremonial flagpole.
BACKGROUND/SUMMARY:
At tonight’s Council meeting the City Council accepted a Proclamation recognizing National Hispanic Heritage Month through October 15, 2022, celebrating the histories, cultures, and contributions of American citizens whose ancestors came from Spain, Mexico, the Caribbean and Central and South America. Hispanic Heritage Month is celebrated annually valley and nationwide with proclamations and many activities.
Vice Mayor Lopez-Ortega requested a Proclamation and Flag of Mexico be displayed on the City’s Ceremonial Flagpole.
CEQA STATUS:
This item is exempt.
ATTACHMENT(S):
Policy on the Display of Non-Governmental Flags - Attachment 1 Email Latino Heritage Month Mexican Flag
APPROVAL(S):
Laura Snideman, City Manager Approved - Aug 30 2022
Marni Rittburg, City Clerk Approved - Aug 30 2022
Item #7.6.
Item #7.6.
From: Irais Lopez-Ortega
To: Marni Rittburg; Laura Snideman; Chris Canning
Subject: Latino Heritage Month. Mexican Flag.
Date: Monday, August 29, 2022 2:00:57 PM
Good afternoon to all,
Would it be possible to get in the agenda for September 6 the proclamation for the Latino Heritage Month? Also, can we display the Mexican flag from September 16 to October 15?, Please let me know.
Thank you very much.
Irais Lopez-Ortega
Vice Mayor
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Item #7.6.
1 City Council Hybrid Meeting
Update
City Council
September 6, 2022
Item #8.1.
2 Topics
• Technology readiness for hybrid city
council meetings
• Covid prevalence
• Hybrid meeting criteria – options
Item #8.1.
3 Technology Readiness
Item #8.1.
4 Covid Prevalence
CDC
Data accessed today: https://covid.cdc.gov/covid-data-tracker/#county-view?list_select_state=California&datatype=CommunityLevels&null=CommunityLevels&list_select_county=6055 Item #8.1.
5 Covid Prevalence
New York Times Covid Tracker, accessed today
Latest Napa County Trends
• The community level of Covid-19 in Napa County
is medium based on cases and hospitalizations,
according to the most recent update from the C.D.C.
on Sept. 1.
• The number of hospitalized Covid patients has
fallen in the Napa County area. Deaths have
remained at about the same level.
• The test positivity rate in Napa County is high,
suggesting that cases may be undercounted.
• An average of 21 cases per day were reported in
Napa County, a 38 percent decrease from the
average two weeks ago.
Item #8.1.
6 Covid Prevalence
Item #8.1.
7 Covid Trends/Considerations
Omicron-targeted
booster
Cal/OSHA mandates – management
and productivity impacts
Napa County Vaccination Rates:
Fully Vaccinated – 79.5%
Percentage over 50 with 2nd
booster – 46.8%
Item #8.1.
8 Hybrid Meeting Criteria
A. CDC county designation – low or medium
B. Prevalence of Covid in Bay Area and/or
surrounding counties
C. Vaccination and/or booster rates (or positivity
or hospitalization or other similar rates)
D. Change in Cal/OSHA mandates
E. With or without covid-preventative measures
F. Other
Item #8.1.
9 Hybrid Meeting – Council’s Policy Statement
Sample statements, fully customizable
Sample of a “stand alone criteria” policy statement:
• Initiate hybrid meetings when Cal/OSHA mandates change to minimize staffing and operational impacts
Sample of a “multiple criteria” policy statement:
• As of October 1, hold hybrid city council meetings subject to the following conditions:
• A) Napa County is in “Low” CDC designation AND
• B) All surrounding counties are in Low or Medium CDC designation • C) Continue to consider reaffirming the resolution allowing all-virtual meetings for all city Brown Act meetings should the City Council need to revert to all virtual meetings when the above safety criteria are not met.
Item #8.1.