AGENDA
CITY COUNCIL REGULAR MEETING
CITY OF CERES, CALIFORNIA
City Council Chambers, 2701 Fourth Street
Monday, September 12, 2022 – 6:00 p.m.
Mailing Address: Ceres City Hall, 2720 Second Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780
CALL TO ORDER
Mayor Lopez
ROLL CALL
Mayor: Javier Lopez
Vice Mayor: Bret Silveira (District 3)
Councilmembers: James Casey (District 1), Vacant (District 2), Mike Kline (District 4)
NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 59453, SUBDIVISION (e) OF THE RALPH M. BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.), CERES RESOLUTION NO 2022-71 , AND THE FEDERAL AMERICANS WITH DISABI LITIES ACT. WHILE THIS MEETING WILL BE PHYSICALLY
OPEN TO THE PUBLIC, GIVEN THE STATE OF EMERGENCY REGARDING THE THREAT OF COVID- 19, MEMBERS OF THE PUBLIC MAY ALSO PARTICIPATE AND COMMENT VIA THE APPLICATION, ZOOM.
Click this link to join the webinar:
https://us02web.zoom.us/j/87882163368?pwd=cERxRTJic3lWY2lGNzZPZ3hlemNIZz09
Webinar ID: 878 8216 3368; Passcode: 278052; or Dial: (669) 900-6833
REMOTE PUBLIC COMMENT IS ALSO AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING THE CITY CLERK AT [email protected] BEFORE 4:00 PM THE DAY OF THE MEETING. INCLUDE THE AGENDA ITEM NUMBER OR PUBLIC COM MENT PERIOD IN THE SUBJECT LINE OF THE EMAIL. THE CLERK MAY READ WRITTEN COMMENTS INTO THE RECORD, IF SPECIFICALLY REQUESTED TO DO SO AT THE BEGINNING OF YOUR EMAIL. YOUR
WRITTEN COMMENT WILL BE DISTRIBUTED TO THE CITY COUNCIL AND KEPT ON FILE AS PART OF THE OFFICIAL RECORD OF THE COUNCIL MEETING.
*If you have any questions on how to attend virtually or are encountering difficulties connecting to the meeting, please contact the City Clerk at (209) 646-4812 or by email at [email protected] .
AGENDA
Regular City Council Meeting
September 12, 2022
INVOCATION
Invocation by Pastor Tim Giannosa, Big Valley Grace Church.
PLEDGE OF ALLEGIANCE
Pledge of Allegiance led by Mayor Lopez.
PRESENTATIONS
A. Presentation by American Foundation for Suicide Prevention
B. Suicide Awareness Week Proclamation
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes).
While the City Council welcomes and encourages participation in City Council meetings, adopted rules allow no more than 5 minutes (Resolution No. 2007-106) for expression of non-agenda items. Matters under the jurisdiction of the City Council, and not on the posted agenda, may be addressed by the general public; however, California law prohibits the City Council from taking action on any matter which is not on the posted agenda unless it is determined to be an emergency by the City Council. Citizens are entitled to address the City Council on any agenda item subject to the 5- minute provision.
APPOINTMENTS TO BOARDS/COMMISSIONS
None
CONFLICT OF INTEREST DECLARATION
CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by a single motion unless otherwise requested by an individual Councilmember or public for special consideration.
Otherwise, the recommendation of staff will be accepted and acted upon by roll call vote.
1. Clerks Report of Posting. The agenda of the September 12, 2022 City Council meeting was posted on Wednesday, September 7, 2022. (City Clerk)
2. Waive Readings. All r eadings of o rdinances and resolutions are waived. (Waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title). (City Clerk)
3. Approval of Minutes
a. Minutes of August 22, 2022 Regular City Council meeting. (City Clerk)
AGENDA
Regular City Council Meeting
September 12, 2022
4. Register of Audited Demand(s) Dated August 17, 2022 through August 31, 2022. (Dias)
5. Resolution No. 2022-117, Accepting the CML-5241 (065) Traffic Signal at Morgan Road and Service Road Project as Complete, Approve the Balancing Contract Change Order, Authorizing the Filing of the Notice of Completion and Releasing Retention to the Contractor. (Waugh)
6. Resolution No. 2022-118, Approving Contract Change Order No. 1 for the Morrow Village Phase I CDBG Sidewalk Improvement Project, Accepting Said Project as Complete, Approving the Balancing Contract Change Order, Authorizing the Filing of the Notice of Completion, and Releasing the Retention to the Contractor . (Waugh)
7. Resolution No. 2022-119, Accepting the School Traffic Safety at Various Location Improvements Project as Complete, Approv ing the Balancing Contract Change Order, Authorizing the Filing of the Notice of Completion, and Releasing Retention to the Contractor. (Waugh)
8. Resolution No. 2022- 120, Authorizing the City Manager to Approve a P urchase Order and Authorizing a 10% Contingency with Tru-Tech Roofing for the Re-roofing of City Hall and American Legion Hall in the City of Ceres. (Royal)
9. Resolution No. 2022 -121, Accepting the Whitmore Avenue Storm Lift Station Hatch Replacement Project as Complete, Approving the Balancing Contract Change Order, Authorizing the Filing of the Notice of Completion and Retention Release to the Contractor. (Waugh)
CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR
UNFINISHED BUSINESS
None
PUBLIC HEARING
None
NEW BUSINESS
None
DISCUSSION ITEMS
None
AGENDA
Regular City Council Meeting
September 12, 2022
COUNCILMEMBER REFERRALS
Councilmembers request to have an agenda item placed on a future agenda. (Pursuant to Chapter 2 - City Council Meetings, J -8.
City Council Referrals/Determination of Items for Agenda.)
REPORTS
At this time, any Councilmembers or City Staff will make an announcement, or report briefly on his or her activities.
• Mayor
• City Council
• City Manager
• City Attorney
• Departments
• County Supervisor
CLOSED SESSION
None
REPORT FROM CLOSED SESSION
None
ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on September 26, 2022 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA
AFFIDAVIT OF POSTING
I, Fallon Martin, City Clerk, for the City of Ceres, declare under penalty of perjury that the foregoing agenda for the Regular City Council Meeting was posted on Wednesday, September 7, 2022, at the following locations in Ceres:
• Community Center Display Case – 2701 Fourth Street
• City Hall Display Case – 2720 2
nd Street
• City Hall Display Case – 2220 Magnolia Street
__________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk
AGENDA
Regular City Council Meeting
September 12, 2022
Council Agenda:
The City Council agenda is available for public review on the City’s website at www.ci.ceres.ca.us and posted at the time and places noted above.
Related Materials:
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office at City Hall located at 2720 Second Street, Ceres, CA during normal business hours. Persons with questions concerning any agenda item may call the City Clerk’s Office at (209) 538 - 5731.
Notice regarding Americans with Disabilities Act:
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need the agenda and/or the documents in the agenda packet provided in an alternative format, please contact the city clerk’s office at (209) 538- 5731 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-35.104 ADA TITLE II)
Ceres City Council Meeting,
9/12/2022
Barbara Pearce Chiesa
AFSP
Out of the Darkness
Community Walk
Saturday, October 22, 2022
ITEM A
About AFSP
• Mission
• Save Lives and Bring Hope to Those Affected by Suicide • Established in 1987, the American Foundation for Suicide Prevention (AFSP) is a voluntary health or
ganization that gives those affected by suicide a nationwide community empowered by research, education and advocacy to take action against this leading cause of death. • AFSP is dedicated to saving lives and bringing hope to those affected by suicide, including those who
have experienced a loss. AFSP creates a culture that’s smart about mental health by engaging in the following core strategies:
• Funding scientific research
• Educating the public about mental health and suicide prevention • Advocating for public policies in mental health and suicide prevention • Supporting survivors of suicide loss and those affected by suicide • Led by CEO Robert Gebbia and headquartered in New York, with an Advocacy office in Wa
shington, D.C., AFSP has local chapters in all 50 states and Puerto Rico, with programs and events nationwide.
ITEM A
ITEM A
ITEM A
Suicide Prevention Resources
National Suicide Prevention Lifeline
1-800-273-TALK (8255)
Veterans: Press 1
Text TALK to 741741
Crisis Text Line for free, 24/7
Text with a trained counselor from the
Crisis Text Line for free, 24/7
Call 911 for Emergencies
Call 988 for Suicide and Crisis Lifeline
ITEM A
ITEM A
DEC
LARING SEPTEMBER 4 – 10, 2022
AS SUICIDE PREVENTION WEEK
WHEREAS, September 4 – 10, 2022 is known as Suicide Preve ntion Week; and
WHEREAS, a ccording to the American Foundation for Suicide Prevention, suicide is the 12 th leading cause of death among Americans, and the 14 th leading cause of death among individuals in California; and
WHEREAS, m ore than 45,000 people died by suicide across the United States in 2020; and
WHEREAS, suicidal thoughts can affect anyone regardless of age, gender, race, orientation, income level, religion, or background; and WHEREAS, all residents are encouraged to take the time to inquire as to the wellbeing of their family, friends, and neighbors and to genuinely convey their appreciation for their existence by any gesture they deem appropriate; and WHEREAS, the City of Ceres publicly places its full support behind those who work in the fields of mental health, education, and law enforcement; and WHEREAS, organizations such as the American Foundation for Suicide Prevention are dedicated to saving lives and bringing hope to those affected by suicide, through research, education, advocacy and resources for those who have lost someone to suicide.
NOW THEREFORE, I, Javier Lopez, Mayor of the City of Ceres, on behalf of the City Council, Vice Mayor Bret Silveira, Councilmembers James Casey and Mike Kline, do hereby recognize September 4 – 10, 2022 as Suicide Prevention Week in the City of Ceres and call upon the citizens of Ceres to take the time to underst and the importance of mental health education and recognize that taking care of ourselves and others includes taking care of mental health.
Proclaimed this 12th day of September, 2022
__
_________________________
Javier Lopez, Mayor
ITEM B
ITEM B
DRAFT MINUTES
CITY COUNCIL REGULAR MEETING
CITY OF CERES, CALIFORNIA
(via ZOOM and in person)
City Council Chambers, 2701 Fourth Street
Monday, August 22, 2022 – 6:00 p.m.
Mailing Address: Ceres City Hall, 2720 Second Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780
CALL TO ORDER
M
ayor Lopez called the August 22, 2022 meeting to order at 6:00 p.m.
ROLL CALL – Present:
Ma
yor: Javier Lopez
Vice Mayor: Bret Silveira (District 3)
Councilmembers: James Casey (District 1) and Mike Kline (District 4) Note: District 2 - Vacant
District 1
Councilmember
Casey
District 2
Vacant
District 4
Councilmember
Kline
District 3
Vice Mayor
Silveira
Mayor Lopez
Present -- Present Present Present
INVOCATION
Provided by Pastor Herb Henry, Valley Christian Center.
PLEDGE OF ALLEGIANCE
P
ledge of Allegiance was led by Mayor Lopez.
PRESENTATIONS
N
one
City Council meeting was conducted in accordance with California Governor Newsom’s Executive Orders N-20-20 and N-35-20 and COVID-19 pandemic protocols. This meeting was open to the public with limited capacity seating.
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
August 22, 2022
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes)
N
one
APPOINTMENTS TO BOARDS/COMMISSIONS
A. C
ouncil Designation of a Voting Delegate to Represent the City of Ceres at the League of California Cities’ Conference 2022 Annual Conference. (Terrazas)
City Manager, Alex Terrazas, presented the staff report.
Concurrence was reached by council approving Mayor Lopez as the voting delegate and Councilmember Casey as the alternate voting delegate.
B. Confirm the Interview Process and Appoint Three (3) Members to the Measure “H” Citizens’ Oversight Committee. (Terrazas)
Mayor Lopez inquired about the appointment process.
City Attorney, Nubia Goldstein, stated the process was in line with the language of Measure “H.”
Vice Mayor Silveira introduced a motion appointing Sopheap Dong- Carreon, Cerina Otero, and Vincent Truffa to the Measure “H” Citizens’ Oversight Committee.
Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.
Action: M
otion by Vice Mayor Silveira, seconded by Mayor Lopez , approving item B. Motion carried 3/1/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira Mayor Lopez
Yes No Yes Yes
CONFLICT OF INTEREST DECLARATION
N
one
CONSENT CALENDAR
C
onsent Calendar items 4, 13, and 16 were removed by Councilmember Kline.
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
August 22, 2022
Consent Calendar item 6 was removed by Ceres resident, John Warren.
Staff requested item 15 be removed from the agenda to be considered at a future council meeting.
Action: M
otion by Councilmember Kline , seconded by Vice Mayor
Silveira, approving items 1 – 3a, 5, 7 – 12 and 14. Motion carried 4/0/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes
1. Clerks Report of Posting. The Agenda of the August 22, 2022 City Council Meeting was Posted on Wednesday, August 17, 2022. (City Clerk)
2. Waive Readings. All Readings of Ordinances and Resolutions are Waived. (Waive Reading in Full of all Ordinances and Resolutions on the Agenda and Declare that Said Titles which Appear on the Public Agenda shall be Determined to have been Read by Title). (City Clerk)
3. Approval of Minutes
a. Minutes of August 8, 2022 Regular City Council Meeting. (City Clerk)
4. Removed for separate consideration.
5. Register of Audited Demand(s) Dated August 3, 2022 through August 10, 2022. (Dias)
6. Removed for separate consideration.
7. Resolution No. 2022 -106, Approving a Two (2) Year Agreement between the Ceres Youth Soccer Organization (CYSO) and the City of Ceres for Use of the Ceres River Bluff Regional Park (CRBRP) and Authorize the City Manager to Execute the Agreement. (Chavez)
8. Resolution No. 2022-107, Authorizing the City Manager to Approve a Purchase Order and Authorizing a 10% Contingency with Tru-Tech Roofing for the Re-roof of Fire Station #1 in the City of Ceres. (Royal)
9. Resolution No. 2022 -108, Authorizing the City Engineer to Execute the Agreements with the California Department of Transportation for the Smyrna Park Improvements. (Waugh)
10. Resolution No. 2022 -109, Authorizing the City Manager to Approve Purchase Orders with Folsom Chevrolet, Nixon -Egli Equipment Company, Municipal ITEM 3
DRAFT MINUTES
Regular City Council Meeting
August 22, 2022
Maintenance Equipment, and Garton Tractor as part of the Fleet Replacement Program. (Royal)
11. Resolution No. 2022 -110, Approving an Agreement with Big Valley Grace Community Church, Inc. for the Use of the Ceres Community Center and Authorizing the City Manager to Execute the Agreement. (Chavez)
12. Resolution No. 2022 -111, Approving the Use of American Rescue Plan Act (ARPA) Funds to Purchase Banners from All Star Trophies & Banners for the Active Military/Veterans Banner Program and Designating 4th Street, 3r d Street and North Street as the Inaugural Installation Corridor and Authorizing Staff to Proceed with the Purchase. (Chavez)
13. Removed for separate consideration.
14. Resolution No. 2022 -113, Approving Fiscal Year 2021- 2022 Carryover Appropriations and Amending the 2022-2023 Budget. (Dias)
15. Removed for consideration at a future council meeting.
16. Removed for separate consideration.
CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR
Item
4: Removed for separate consideration by Councilmember Kline
Resolution No. 2022 -105, Authorizing the City to Continue Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment. (City Clerk)
Councilmember Kline spoke regarding the cities within Stanislaus County that are holding hybrid meetings.
Council spoke regarding the desire to continue hybrid meetings.
City Attorney, Nubia Goldstein, spoke regarding the purpose of Assembly Bill 361.
Mayor Lopez asked for public comment. The following members of the public spoke:
John Osgood suggested continuing the hybrid meeting for another 30 days.
John Warren spoke regarding the addition of a disclaimer stating the meeting will not stop if there are technical difficulties.
Rosalinda Vierra spoke regarding the benefits of hybrid meetings for those who are quarantining due to COVID-19.
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
August 22, 2022
Mayor Lopez closed public comment.
Council and staff spoke regarding the option of adding a disclaimer stating the meeting will not stop if there are technical difficulties.
Action: M otion by Councilmember Kline , seconded by Vice Mayor Silveira, approving item 4. Motion carried 4/0/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes
Item 6
: Removed for separate consideration by Ceres resident, John Warren
General Correspondence – Information Only
a. Public Works Monthly Report for July 2022. (Royal)
John Warren inquired as to the number of warnings and citations issued related to the visibility of garbage cans.
Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.
Action: M
otion by Vice Mayor Silveira , seconded by Councilmember Kline, approving item 6. Motion carried 4/0/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes
Item 13
: Removed for separate consideration by Councilmember Kline
Resolution No. 2022 -112, Approving the Response to the Findings and Recommendations of the Stanislaus County Civil Grand Jury Report Titled Homelessness: The Elusive Definition of “Success” (Case #22-05GJ). (Terrazas)
Council discussion included clarification regarding City Attorney review of the letter.
Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.
Council discussion included further addressing homelessness.
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
August 22, 2022
Mayor Lopez reopened public comment. No one spoke. Mayor Lopez closed public comment.
Action: M otion by Councilmember Kline , seconded by Vice Mayor Silveira, approving item 13. Motion carried 4/0/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes
Item 1 6: Removed for separate consideration by Councilmember Kline
Resolution No. 2022-115, Authorizing Amendment No. 12 to the Agreement for Professional Consultant Services between the City of Ceres and NV5, Inc. to Increase the 95% Plans, Specifications, and Estimate Design Budget for the SR99 Service Road/Mitchell Road Interchange. (Waugh)
Councilmember Kline spoke regarding the change order’s affect on Caltrans and Union Pacific Railroad.
Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.
Action: M
otion by Councilmember Kline , seconded by Vice Mayor
Silveira, approving item 16. Motion carried 4/0/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes
UNFINISHED BUSINESS
17. R
esolution No. 2022-116, Authorizing the Use of Neighborhood Park Fees for a Public Outreach Workshop and Survey, and a Conceptual Design of Ochoa Park Improvements. (Waugh)
Engineering Services Director/City Engineer, Kevin Waugh, presented the staff report and indicated the item would be utilizing Neighborhood Park Fees, not American Rescue Plan Act fees.
Mayor Lopez asked for public comment. The following members of the public spoke:
John Warren spoke regarding the additional cost for public outreach and surveying the public.
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
August 22, 2022
Mayor Lopez closed public comment.
Council discussion included holding community workshops and striking the use of American Rescue Plan Act fees from the resolution.
Action: M
otion by Councilmember Kline , seconded by Vice Mayor
Silveira, approving item 17. Motion carried 4/0/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Kline
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes
PUBLIC HEARING
N
one
NEW BUSINESS
18. Update on First Installment of American Rescue Plan Act (ARPA) Funding and Allocation of Second Installment of ARPA Funding. (Dias)
City Manager, Alex Terrazas, presented the staff report and presentation.
Council and staff discussion included using the second round of ARPA funds on long-term infrastructure, park related items, the timeline of allocating and spending ARPA funds, the amount of first round of ARPA funds allocated to Ochoa Park, and a public outreach plan.
Mayor Lopez asked for public comment. The following members of the public spoke:
Dave Pratt spoke regarding the desire to see extra benches at the dog park.
John Warren spoke regarding a Saturday public workshop regarding Ochoa Park and soliciting community input.
Council and staff discussed the Brown Act as it relates to an offsite public workshop.
Mayor Lopez closed public comment.
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
August 22, 2022
DISCUSSION ITEMS
N
one
COUNCILMEMBER REFERRALS
Ne
w Referral:
(Requested by Mayor Lopez)
Requested Council’s support in holding a revenue workshop to explore revenue sources for City projects.
(Requested by Vice Mayor Silveira)
Requested Council and staff’s support at the Crosstown Showdown Parade between Central Valley High School and Ceres High School on Wednesday, August 31 st at 4:00
PM.
REPORTS
• Cit y Council
Nothing to report.
• City Manager
Nothing to report.
• City Attorney
Nothing to report.
• Departments
Nothing to report.
• County Supervisor
Nothing to report.
CLOSED SESSION
Ma
yor Lopez introduced the Closed Session items.
1. P
ublic Employee Performance Evaluation, Cal. Gov’t Code §54957(b)(1) Title: City Attorney
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
August 22, 2022
REPORT FROM CLOSED SESSION
M
ayor Lopez reported that direction was given to staff.
ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on September 12, 2022 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.
T
here being no further business, Mayor Lopez adjourned the meeting at 7:50 p.m.
_____________________________
Javier Lopez, Mayor
____________________________
Fallon Martin, City Clerk
Cons
istent with Council Policy, the minutes referenced above are in Action Format. The complete recording of the meeting can be viewed at http://www.ci.ceres.ca.us/ agenda center.
ITEM 3
ITEM 3
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James C
asey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: September 12, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Kevin Waugh, P.E., Director of Engineering Services/City Engineer [email protected], (209) 538-5775
SUBJECT: Resolution No. 2022 -117, Accepting the CML- 5241 (065) Traffic Signal at Morgan Road and Service Road Project as Complete, Approving the Balancing Contract Change Order, Authorizing the Filing of the Notice of Completion, and Releasing Retention to the Contractor
RECOMMENDED COUNCIL ACTION:
Staff
recommends the City Council adopt a resolution accepting the CML-5241(065) Traffic Signal at Morgan Road and Service Road as complete, approve the balancing contract change order, authorizing the filing of the Notice of Completion, and releasing retention to the Contractor.
I. BACKGROUND:
The project consisted of installing a new traffic signal system at the intersection of Morgan Road and Service Road, including curb ramp improvements, striping, and pavement markings.
II. REASONS FOR RECOMMENDATION:
All work has been completed in accordance with the c ontract proposal.
III. FISCAL IMPACTS:
The contract was awarded in the amount of $463,345.00 plus a 10% contingency. The final construction cost for the project was $463,656.00. Only 0.07% of the contingency amount was used.
IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:
N/A
ITEM 5
V. POLICY ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
Upon acceptance of this work, Public Works Streets Di vision will provide ongoing regular maintenance.
VII. PUBLIC PARTICIPATION:
N/A
VIII. ENVIRONMENTAL REVIEW:
N/A
IX. STEPS FOLLOWING APPROVAL:
The Notice of Completion will be filed and the 5% retention will be released after 35 days, if no claims are filed.
A
pproved by: ___________________________
Alex Terrazas, City Manager
A
ttachments:
1. Resolution
2. Notice of Completion
3. Balancing Contract Change Order
ITEM 5
RESOLUTION NO. 2022-117
ACCE
PTING THE CML-5241 (065) TRAFFIC SIGNAL AT MORGAN
ROAD AND SERVICE ROAD PROJECT AS COMPLETE, APPROVING
THE BALANCING CONTRACT CHANGE ORDER, AUTHORIZING THE
FILING OF THE NOTICE OF COMPLETION, AND RELEASING
RETENTION TO THE CONTRACTOR
T
HE CITY COUNCIL
City of Ceres
W
HEREAS, the contractor has completed all work required pursuant to their contract with the City of Ceres for the CML-5241 (065) Traffic Signal at Morgan Road and Service Road Project; and
W
HEREAS, the City Engineer has recommended this project be accepted as complete and the contractor, Pacific Excavation Inc. be paid all sums due under the contract; and
W
HEREAS, the final contract amount is $463,656.00 and the funds to cover the final payment and retention funds are available in account numbers 268.95.1607, 251.95.1607, and 271.95.1607; and
W
HEREAS, it appears the sums due under the contract are reasonable.
N
OW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby accept the CML-5241 (065) Traffic Signal at Morgan Road and Service Road Project as complete, approves the balancing contract change order, authorizes the filing of the Notice of Completion, and releasing retention to the contractor.
P
ASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12th day of September 2022, by the following vote:
AYES:
Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
___
_____________________________
Javier Lopez, Mayor
ATTEST:
___
____________________________
Fallon Martin, City Clerk
ITEM 5
ITEM 5
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
1. On August 23, 2021, the City of Ceres, a Municipal Corporation in the County of Stanislaus, State of California accepted the bid of Pacific Excavation Inc., for the CML-5241 (065) Traffic Signal at Morgan Road and Service Road project.
2. On April 14 , 20 22, the said contract as a whole was completed by Pacific Excavation Inc. and accepted by the City Council of the City of Ceres at a regular meeting of the City Council held on the 12th day of September, 2022.
3. A faithful performance bond and/or warranty bond in the amount of ten (10) percent of the contract price will be forced for a period of one year after notice of completion is filed.
By: _______________________________
Fallon Martin, City Clerk
City of Ceres
VERIFICATION
I, the undersigned, affirm:
I am the person who signed the foregoing notice. I have read and understand the above notice and know its contents, and the facts stated therein are true and correct to the best of my knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed in the City of Ceres, County of Stanislaus, State of California on this 12th day of September, 2022.
By: ________________________________________,
Fallon Martin, City Clerk
ITEM 5
ITEM 5
ITEM 5
ITEM 5
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: September 12, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Kevin Waugh, P.E., Director of Engineering Services/City Engineer [email protected], (209) 538-5775
SUBJECT:
Resolution No. 2022 -118, Approving Contract Change Order No. 1 for the Morrow Village Phase I CDBG Sidewalk Improvement Project, Accepting Said Project as Complete, Approving the Balancing Contract Change Order, Authorizing the Filing of the Notice of Completion, and Releasing the Retention to the Contractor
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council adopt a resolution approving Contract Change Order No. 1 for the Morrow Village Phase I CDBG Sidewalk Improvement Project, accepting said p roject as complete, approving the Balancing Contract Change Order, authorizing the filing of the Notice of Completion, and releasing the retention to the contractor.
I. BACKG ROUND:
The Project was awarded to George Reed, Inc., at the May 23, 2022, City Council meeting.
The scope of the improvements included concrete sidewalk, curb, gutter, and driveways on Garrison Road, from Moffett Road to Rose Avenue.
Field adjustments and scope of work not originally included in the contract included extra concrete flatwork required to bring several non-compliant driveway slopes into compliance, pavement slope adjustments for drainage, and work required to accommodate a TID pole interference near the school pedestrian crossing. The additional work was necessary to improve pedestrian safety and address unforeseen site conditions.
II. RE
ASONS FOR RECOMMENDATIO N:
Staff negotiated necessary scope changes with the contractor and agreed to a sum of $4,692.76 above the total authorized project cost of $343,896.10 (including a 10% ITEM 6
contingency). The entire contingency was utilized. The revised total project authorizatio n will be $348,588.86.
Staff recommends Council approve the attached Change Order No. 1 to increase the total project authorization to $348,588.86.
All work has been completed to the satisfaction of the City in time for the start of school.
III. F ISCAL IMPACTS :
The current construction authorization is $343,896.10, which includes the base bid plus a 10% contingency. The contract change order will incr ease the project authorization by $4,692.76, for a total authorization of $ 348,588.86, which is the final construction cost.
Said final construction cost is 11.5% higher than the total authorization.
Funds are available in account No. 291.95.800500 (Federal CDBG funds). This does not impact the General Fund or any other City fund.
IV. E XISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN :
N/A
V. P OLICY ALTERNATIVES :
N/A
VI. I NTERDEPARTMENTAL COORDINATION:
Upon acceptance of this work, Public Works Street D ivision will provide ongoing maintenance.
VII. P UBLIC PARTICIPATION:
N/A
VIII . ENVIRONMENTAL REVIEW:
The subject project is an infill project to an existing roadway ; therefore, a California Environmental Quality Act (CEQA) Categorical Exemption, per Section 15301 (c) Existing Facilities.
IX. ST EPS FOLLOWING APPROVAL :
Following approval of the contract change order, the contractor will be notified and paid for the work that he has already completed. The Notice of Completion will be filed, and the 5% retention will be released after 35 days, if no claims are filed.
Approved by: ____________________________
Alex Terrazas, City Manager
ITEM 6
Attachments:
1. Resolution
2. N otice of Completion
3. C hange Order No. 1
4. B alancing Contract Change Order
ITEM 6
ITEM 6
RESOLUTION NO. 2022-118
APPROVING CONTRACT CHANGE ORDER NO. 1 FOR THE
MORROW VILLAGE PHASE I CDBG SIDEWALK IMPROVEMENT
PROJECT, ACCEPTING SAID PROJECT AS COMPLETE, APPROVING
THE BALANCING CONTRACT CHANGE ORDER, AUTHORIZING THE
FILING OF THE NOTICE OF COMPLETION, AND RELEASING THE
RETENTION TO THE CONTRACTOR
THE CITY COUNCIL
City of Ceres
WHEREAS, the contract for the Morrow Village Phase I CDBG Sidewalk Improvement Project was awarded to George Reed, Inc.; and
WHEREAS, additional labor, equipment and materials were required for improvements along Garrison Road, from Moffett Road to Rose Avenue; and
WHEREAS, the proposed increase in the contract cost is $4,692.76 and funds are available in account number 291.95.800500; and
WHEREAS, the contractor has completed all work required pursuant to their contract with the City of Ceres for the Morrow Village Phase I CDBG Sidewalk Improvement Project; and
WHEREAS, the City Engineer has recommended this project be accepted as complete and that George Reed, Inc., be paid all sums due under the contract; and
WHEREAS, the final contract amount is $348,588.86 and the funds to cover the final payment and retention funds are available in account number 291.95.800500; and
WHEREAS, the contractor be paid all sums due under the contract less five percent (5%) retention, which said five percent (5%) retention shall be paid no earlier than 35 days after filing of said notice; and
WHEREAS, it appears the sums due under the contract are reasonable.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the Contract Change Order No. 1 for the Morrow Village Phase I CDBG Sidewalk Improvement Project , accepts said project as complete, approv es the Balancing Contract Change Order, authorizes the filing of the Notice of Completion, and releasing the retention to the contractor.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12
th day of September 2022, by the following vote:
ITEM 6
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
_______________________________
Javier Lopez, Mayor
ATTEST:
______________________________
Fallon Martin, City Clerk
ITEM 6
NOTICE OF COMPLETION
NOT
ICE IS HEREBY GIVEN:
1. On May
23, 20 22, the City of Ceres , a Municipal Corporation in the County of Stanislaus, State of California accepted the bid from George Reed, Inc., for the construction of the Morrow Village Phase 1 CDBG S idewalk Improvement Project
2. On Au gust 08, 2 022,
the said contract as a whole was completed by George
Reed, Inc ., and accepted by the City Council of the City of Ceres at a regular meeting of the City Council held on the 12th day of September, 2022.
By:
_______________________________
Fallon Martin, City Clerk
City of Ceres
VE
RIFICATION
I,
the undersigned, affirm:
I am
the person who signed the foregoing notice. I have read and understand the above notice and know its contents, an d the facts stated therein are true and correct to the best of my knowledge.
I dec
lare under penalty of perjury that the foregoing is true and correct.
Ex
ecuted in the City of Ceres, County of Stanislaus, State of California on this 12th day of September 2022.
By:
________________________________________,
Fallon Martin, City Clerk
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COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: September 12, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Kevin Waugh, P.E., Director of Engineering Services/City Engineer [email protected], (209) 538-5775
SUBJECT:
Resolution No. 2022 -119, A ccepting the School Traffic Safety at Various Locations Improvements Project as Complete, Approving the Balancing Contract Change Order, Authorizing the Filing of the Notice of Completion, and Releasing Retention to the Contractor RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council adopt a r esolution accepting the School Traffic Safety at Various Location Improvements Project as complete, approving the Balancing Contract Change Order, authorizing the filing of the Notice of Completion, and releasing retention to the Contractor 35 days after council acceptance.
I. BACKGROUND:
The project involved furnishing and installing traffic safety solar units, including rectangular rapid flashing beacon devices, pedestrian push buttons, signage, and mounting poles at Walter White Elementary, Virginia Parks Elementary, and Carrol Fowler Elementary school crossings in the City of Ceres.
II. REASONS FOR RECOMMENDATION:
All work has been completed in accordance with the contract proposal prior to school year 2022/23.
III. FISCAL IMPACTS:
The project was included and programmed in the Fiscal Year 2021/22 Capital Improvement Program (CIP) list for a total amount of $115 ,000.00 in account number 271.95.800500.
The final construction cost for the project was $101,966.00 and only 1.5% of the contingency was used.
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IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:
This project is in conformance with the first priority of the Strategic Plan to ensure the community has adequate well-maintained infrastructure.
V. POLICY ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
This project has been coordinated with the Public Works Department.
VII. PUBLIC PARTICIPATION:
There were no committees or public participation involved in this project.
VIII. ENVIRONMENTAL REVIEW:
N/A
IX. STEPS FOLLOWING APPROVAL:
The Notice of Completion will be filed and the 5% retention will be released after 35 days , if no claims are filed.
Approved by: ____________________________
Alex Terrazas, City Manager
Attachments:
1. Resolution
2. N otice of Completion
3. B alancing Contract Change Order
ITEM 7
RESOLUTION NO. 2022-119
ACCEPTING THE SCHOOL TRAFFIC SAFETY AT VARIOUS
LOCATIONS IMPROVEMENTS PROJECT AS COMPLETE,
APPROVING THE BALANCING CONTRACT CHANGE ORDER,
AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION, AND
RELEASING RETENTION TO THE CONTRACTOR
THE CITY COUNCIL
City of Ceres
WHEREAS, the contractor has completed all the work required pursuant to their contract with the City of Ceres for the School Traffic Safety at Various Locations Improvements Project; and
WHEREAS, the City Engineer has recommended this project be accepted as complete and the contractor, Pelagic Engineering Inc., be paid all sums due under the contract; and
WHEREAS, the final contract amount is $1 01,966.00 and the funds to cover the final payment and retention funds are available in account numbers 271.95.800500; and
WHEREAS, it appears the sums due under the contract are reasonable.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby accept the School Traffic Safety at Various Locations Improvements Project as complete, approves the Balancing Contract Change Order, authorizes the filing of the Notice of Completion, and releasing retention to the contractor.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12
th day of September 2022, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
______________________________
Fallon Martin, City Clerk
ITEM 7
ITEM 7
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
1. On March 28, 2022, the City of Ceres , a Municipal Corporation in the County of Stanislaus, State of California accepted the bid of Pelagic Engineering for the School Traffic Safety at Various Location Improvements Project.
2. On A ugust 10 , 20 22, the said contract as a whole was completed by Pacific Excavation Inc. and accepted by the City Council of the City of Ceres at a regular meeting of the City Council held on the 12th day of September, 2022.
3. A faithful performance bond and/or warranty bond in the amount of ten (10) percent of the contract price will be forced for a period of one year after notice of completion is filed.
By: _______________________________
Fallon Martin, City Clerk
City of Ceres
VERIFICATION
I, the undersigned, affirm:
I am the person who signed the foregoing notice. I have read and understand the above notice and know its contents, and the facts stated therein are true and correct to the best of my knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed in the City of Ceres, County of Stanislaus, State of California on this 12th day of September, 2022.
By: ________________________________________,
Fallon Martin, City Clerk
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COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: September 12, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Sam Royal, Interim Director of Public Works
[email protected], (
209) 538-56 17
SUBJECT: Resolution No. 2022-120, Authorizing the City Manager to A pprove a Purchase Order and Authorizing a 10% Contingency with Tru -Tech Roofing for the Re-Roofing of City Hall and American Legion Hall in the City of Ceres
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council approve a resolution authorizing the City Manager to approve a purchase order and 10% contingency with Tru-Tech Roofing for the re-roofing of City Hall and the American Legion Hall in the City of Ceres.
I. BACKG
ROUND:
Existing roofs for both the City Hall and American Legion Hall buildings have aged and started to show signs of wear and tear that requires immediate replacement . Staff requested bids from local roofing contractors to include preparing the existing roofing system for re-roofing and providing and installing new roofing product with a minimum 20- year warranty period.
II. RE
ASONS FOR RECOMMENDATION:
Staff requested bids from four (4) local roofing contractors and received two (2) proposals.
The bid results are listed below. The proposal from Tru-Tech Roofing was the lowest responsive and responsible bid in the amount of $119,995.00 for the City Hall building and $104,995.00 for the American Legion Hall b uilding, for a total of $224,990.00. A 10% contingency in the amount of $22,500.00 is necessary for unforeseen material replacement and repairs which brings the project total cost to $247,490.00.
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III. F ISCAL IMPACTS :
The roof replacement project for the American Legion Hall was programmed in fiscal year 2022/23 Capital Improvement Project list for a total amount of $ 398,667.00 in account 49995.800500. Roof replacement for City Hall was programmed in fiscal year 2022/23 Capital I mprovement Project list for a total amount of $263,334.00 in accounts 52795.800500 and 56795.800500.
IV. E
XISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN :
Ensure the community has adequate, well -maintained infrastructure (including water, sewer, streets, traffic signals, parks, sidewalks, facilities) that fosters a quality community and supports a strong economy.
V. P
OLICY ALTERNATIVES :
Should City Council decide not to replace the roofing, the existing roof may begin to wear and rot away at structural roof supports which can eventually lead to roof collapse, or even compromise the integrity of the building’s structure.
VI. I
NTERDEPARTMENTAL COORDINATION:
N/A
VII. P UBLIC PARTICIPATION:
N/A
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VIII. ENVIRONMENTAL REVIEW:
N/A
IX. S TEPS FOLLOWING APPROVAL:
Upon approval from City Council, the Director of Finance will make the appropriate accounting entries and staff may proceed with the purchase.
Approved by: _____________________________
Alex Terrazas, City Manager
Attachments:
1. Resolution 2022-120
2. Professional Services Agreement
ITEM 8
ITEM 8
RESOLUTION NO. 2022-120
AUTHO
RIZING THE CITY MANAGER TO APPROVE A PURCHASE
ORDER AND AUTHORIZING A 10% CONTINGENCY WITH TRU-TECH
ROOFING FOR THE RE-ROOFING OF CITY HALL AND AMERICAN
LEGION HALL IN THE CITY OF CERES
THE
CITY COUNCIL
City of Ceres
WHE
REAS, existing roofs for both City Hall and American Legion Hall have aged and started to show signs of wear and tear; and
WHE
REAS, bids were requested from four (4) local roofing contractors, and two (2) bids were received back; and
WHE
REAS, Tru-Tech Roofing was the lowest and most responsible bidder with a combined bid amount of $224,990.00 for City Hall and American Legion Hall; and WHE
REAS, staff is requesting a 10% contingency for unforeseen material replacement which will bring the total cost to $247,490.00; and WHE
REAS, roof repair of City Hall was programmed into fiscal year 2022/23 Capital Improvement Project budget accounts 52795.800500 and 56795.800500 and for American Legion Hall into account 49995.800500.
NOW,
THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize the City Manager to approve a purchase order and authoriz es a 10% contingency with Tru- Tech Roofing for the re- roofing of City Hall and American Legion Hall in the City of Ceres.
PAS
SED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12th day of September 2022, by the following vote:
AYES: Counc
ilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
______
__________________________
Javier Lopez, Mayor
ATTEST:
______
_______________________
Fallon Martin, City Clerk
ITEM 8
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AGREEMENT
FOR
PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into in the CITY of Ceres, State of
California, this 12th day of September 2022, by and between the CITY OF CERES, a municipal corporation of the State of California, hereinafter referred to as "CITY", and Tru-Tech Roofing & Waterproofing hereinafter referred to as "CONTRACTOR" (each individually a “Party” or collectively the “Parties”). There are no other parties to this Agreement.
NOW, T HEREFORE, in consideration of this Agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:
1. SCOPE OF SERVICES / PLANS AND SPECIFICATIONS
In compliance with all terms and conditions of this Agreement, the CONTRACTOR shall provide the contracted services specified in the “Scope of Work” attached hereto as Exhibit A and incorporated herein by this reference, which services may be referred to herein as the “services” or “work” hereunder. As a material inducement to the CITY entering into this Agreement, CONTRACTOR represents that it is a provider of work and services consistent with the standards of care, diligence and skill ordinarily exercised by contractors in similar circumstances in accordance with sound practices and that CONTRACTOR is experienced in performing the work and services contemplated herein. CONTRACTOR covenants that it will follow sound practices and standards in performing the work and services required hereunder and that all work product will be of good quality, fit for the purpose intended.
2. COMPLIANCE WITH LAW
All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the CITY and any Federal, State, or local governmental agency having jurisdiction in effect at the time service is rendered.
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3. LICENSES, PERMITS, FEES, & ASSESSMENTS
CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties, and interest, which may be imposed by law and arise from or are necessary for the CONTRACTOR’S performance of the services required by this Agreement, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY hereunder.
4. FAMILIARITY WITH WORK
By executing this Agreement, CONTRACTOR warrants that
CONTRACTOR: (a) has thoroughly investigated and considered the Scope of Work to be performed; (b) has carefully considered how the services should be performed; and, (c) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the CONTRACTOR discover any latent or unknown conditions which will materially affect the performance of the services hereunder, CONTRACTOR shall immediately inform the CITY of such fact and shall not proceed except at CONTRACTOR’S risk until written instructions are received from the City’s contract officer for this Agreement (“Contract Officer”).
5. FURTHER RESPONSIBILITIES OF PARTIES
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
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6. ADDITIONAL SERVICES
CITY shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the CONTRACTOR, incorporating therein any adjustment in (i) the contract sum, as set forth in Exhibit A, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the CONTRACTOR. Any change in compensation of ten percent (10%) or less of the Contract Sum, or in the time to perform, may be approved by the Contract Officer. Any greater change, taken either separately or cumulatively must be approved by City Council. It is expressly understood by CONTRACTOR that the provisions of this section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. CONTRACTOR hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than CONTRACTOR anticipates and that CONTRACTOR shall not be entitled to additional compensation, therefore.
7. TERM OF AGREEMENT
This Agreement shall be effective October 1, 2022 and will continue in effect until September 30, 2023, unless work is completed or the agreement is terminated earlier in accordance with the provisions of the termination clause in this Agreement.
8. COMMENCEMENT OF WORK
CONTRACTOR shall not undertake any work or incur any costs whatsoever under the terms of this Agreement except upon the prior receipt of a fully executed Purchase Order from the Ceres Department of Finance. Any costs incurred by CONTRACTOR prior to receipt of a purchase order shall be at CONTRACTOR’S expense.
9. COMPENSATION
10. For the services rendered pursuant to this Agreement, the CONTRACTOR shall be paid the amounts as provided in Exhibit A.
The total compensation to CONTRACTOR shall not exceed Two Hundred Twenty-Four Thousand Nine Hundred Ninety Dollars ($224,990.00) unless the Parties mutually agree in writing otherwise.
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TIME OF ESSENCE
Time is of the essence in the performance of this Agreement.
11. SCHEDULE OF PERFORMANCE
CONTRACTOR shall begin to perform work required by the Scope of Services as provided in Exhibit A, immediately following receipt of a Notice to Proceed from the CITY. In addition to extensions granted under paragraph 12, when requested by the CONTRACTOR, other extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, if the extension is determined, in the sole discretion of the Contract Officer, to be justified and reasonable.
The Contract Officer’s decision shall be final.
12. FORCE MAJEURE
The time period(s) specified in the Schedule of Performance for performance of the work rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONTRACTOR shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONTRACTOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONTRACTOR’S sole remedy being extension of the Agreement pursuant to this Section.
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13. OBLIGATIONS OF CONTRACTOR
Throughout the term of this Agreement, CONTRACTOR shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. CONTRACTOR warrants that he has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide CITY with the contracted services contemplated by this Agreement. CONTRACTOR further warrants that he will reasonably follow the current, generally accepted, and professional practices and provide professional advice and recommendations regarding the performance of all work under this Agreement.
14. SUBCONTRACTING
Should the CONTRACTOR elect to engage any subcontractor(s) to perform any portion of the work, CONTRACTOR shall provide the CITY written notice of the name, address, telephone number, and State contractor’s license number of each such subcontractor, together with proof of workers’ compensation coverage for each such contractor. CONTRACTOR shall remain fully responsible for all acts or omissions of said subcontractors, their employees, agents or assigns.
15. INTEREST OF CONTRACTOR
CONTRACTOR warrants that he/it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement.
CONTRACTOR warrants that, in performance of this Agreement, CONTRACTOR shall not employ any person having any such interest. CONTRACTOR agrees to file a Statement of Economic Interests with the CITY Clerk at the start and end of this Agreement if so required at the option of CITY.
16. RECORDS
CONTRACTOR shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the work required by this Agreement and enable the Contract Officer to evaluate the performance of such work.
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The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (5) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.
17. AMENDMENTS
Both parties to this Agreement understand that it may become desirable or necessary during the performance of this Agreement, for CITY or CONTRACTOR to modify the Scope of Services provided for under this Agreement. Any material extension or change in the Scope of Services shall be discussed with CITY and the change and cost shall be memorialized in a written amendment to the original Agreement prior to the performance of the additional work.
Until a change order is so executed, CITY will not be responsible to pay any charges CONTRACTOR may incur in performing such additional services, and CONTRACTOR shall not be required to perform any such additional services.
18. INDEPENDENT CONTRACTOR
All acts of CONTRACTOR, his agents, officers, and employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONTRACTOR, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.
CONTRACTOR, his agents, officers and employees are and, at all times during the term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.
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CONTRACTOR shall determine the method, details and means of performing the work and services to be provided by CONTRACTOR under this Agreement. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY'S control with respect to the physical action or activities of the CONTRACTOR in fulfillment of this Agreement. CONTRACTOR has control over the manner and means of performing the services under this Agreement.
CONTRACTOR is permitted to provide services to others during the same period service is provided to CITY under this Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in fulfilling the terms and obligations under this Agreement.
If in the performance of this Agreement any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONTRACTOR.
It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.
As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.
19. NOTICES
Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (1) upon actual delivery, if delivery is by hand; or (2) five (5) days after delivery into the United States mail if delivery is by postage paid registered or certified (return receipt requested) mail. Each such notice shall be sent to ITEM 8
{CW115782.1}
the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time in writing.
FOR CONTRACTOR: Name: Tru-Tech Roofing & Waterproofing Address: 1700 Reliance St.
Modesto, CA 95358
Attention: Mark Truitt
Phone: (209) 531-1956
FOR CITY: Name: CITY of Ceres
Address: 2720 Second St.
Ceres, CA 95307
Attention: Sam Royal
Phone: (209) 538-5617
20. INSURANCE REQUIREMENTS
Insurance shall be provided as specified in Exhibit B.
21. TERMINATION OF AGREEMENT
Termination on Occurrence of Stated Events
This Agreement shall terminate automatically on the date on which any of the following events occur: (1) bankruptcy or insolvency of CONTRACTOR, (2) legal dissolution of CONTRACTOR, or (3) death of key principal(s) of CONTRACTOR.
Termination by CITY for Default of CONTRACTOR
Should CONTRACTOR default in the performance of this Agreement or materially breach any of his provisions, at its option CITY may terminate this Agreement by giving written notification to CONTRACTOR. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include but not be limited to any of the following: failure to perform required services or duties, willful destruction of CITY'S property by CONTRACTOR, dishonesty, or theft.
Termination by CONTRACTOR for Default of CITY
Should CITY default in the performance of this Agreement or materially breach any of its provisions, at his/its option CONTRACTOR may terminate this Agreement by giving written notice to CITY. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement ITEM 8
{CW115782.1}
shall include but not be limited to any of the following: failure to pay CONTRACTOR as hereafter provided, willful destruction of CONTRACTOR'S property by CITY, dishonesty, or theft.
Termination by CITY for Lack of Budgeted Funds
CITY may terminate this Agreement effective July 1 of any given year upon CITY'S determination to not appropriate sufficient funds for this Agreement for the ensuing fiscal year. In such event, CITY shall give CONTRACTOR not less than 30 days written notice.
Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONTRACTOR all or any part of the payments set forth in this Agreement on the date due, at his option CONTRACTOR may terminate this Agreement if the failure is not remedied within thirty (30) days after CONTRACTOR notifies CITY in writing of such failure to pay. The termination date shall be the effective date of the notice.
Termination by CITY for Change of CONTRACTOR'S Tax Status If CITY determines that CONTRACTOR does not meet the requirements of federal and state tax laws for independent contractor status, CITY may terminate this Agreement by giving written notice to CONTRACTOR. The termination date shall be the effective date of the notice.
Voluntary Termination
The parties may terminate this contract upon mutual written Agreement.
In the Event of Termination
If this Agreement is terminated pursuant to this Paragraph, CONTRACTOR shall cease all his work on the project as of the termination date and shall see to it that his employees, subcontractors, and agents are notified of such termination and cease their work. If CITY so requests, and at CITY'S cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’S work on the project.
If the Agreement is terminated pursuant to any of the subsections contained in this paragraph, CITY will pay CONTRACTOR an amount based on the ITEM 8
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percentage of work completed on the termination date; this percentage shall be determined by CITY in its sole discretion. If the Agreement is terminated pursuant to the subparagraph entitled Termination by CITY for Default of CONTRACTOR, CONTRACTOR understands and agrees that CITY may, in CITY'S sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR'S services which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.
22. INDEMNITY
CONTRACTOR shall indemnify, defend and hold harmless CITY and its officers, officials and employees from and against all claims, damages, losses and expenses including reasonable attorney fees arising out of the performance of the work described herein, caused in whole or in part by any act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY.
CONTRACTOR'S obligation to defend, indemnify, and hold CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for CONTRACTOR to procure and maintain a policy of insurance.
23. RETENTION
CITY shall retain ten percent (10%) of the contract price until final completion and acceptance of the project. The CITY shall release the retention not later than sixty (60) days after the date of completion of the work of improvement as defined in Public Contract Code, Section 7107. In the event of a dispute between the CITY and the CONTRACTOR the CITY may withhold from the final payment an amount not to exceed 150 percent of the disputed amount.
24. E NTIRE AGREEMENT
This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this Agreement which vary from CONTRACTOR'S proposal are controlling and are deemed accepted by ITEM 8
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CONTRACTOR by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.
25. PARTIAL INVALIDITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
26. WAIVER
The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
27. AUDIT
CITY'S duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify CONTRACTOR'S charges to CITY under this Agreement.
CONTRACTOR agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for CONTRACTOR services. CITY'S representative shall have the right to reproduce any of the aforesaid documents.
28. AGREEMENT BONDS
CONTRACTOR shall provide in accordance with Sections 3247 and 3248 of the California Civil Code a payment bond for not less than 100% of the Agreement price. CONTRACTOR shall also provide a faithful performance bond for not less than 100% of the Agreement price. All bonds must be executed by a corporate surety licensed to conduct business in the State of California and approved by the CITY.
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29. PAYMENT OF REVAILING WAGES
CONTRACTOR shall pay to all persons performing work under this Agreement the general prevailing rate of per diem wages as determined by the Department of Industrial Relations of the State of California.
30. WARRANTY
CONTRACTOR does hereby warrant and guarantee for a period of one year from acceptance of the work of improvement by the CITY that the work of improvement will be free of all defects caused by defective work or defective materials.
Should the CITY give written notice to the CONTRACTOR of any defects in the work of improvement within the said one year period, CONTRACTOR shall cause all necessary repairs or replacements to be made without cost to the CITY. Should CONTRACTOR fail to make the required repairs or replacements within thirty (30) days from receipt of notice from the CITY, the CITY may cause the repairs or replacements to be made by contract with a third party or by use of CITY forces. The cost of such repairs or replacements shall be paid by the CONTRACTOR. Should CONTRACTOR fail to make payment for the cost of said repairs or replacements, in addition to the cost of said repairs or replacement CONTRACTOR shall pay the CITY’s actual cost of litigation including at witness fees.
31. NONDISCRIMINATION
During the performance of this Contract, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or set. CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated hereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the ITEM 8
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California Code of Regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
This CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract.
32. GOVERNING LAW
This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws or the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Stanislaus, State of California, or any other appropriate court in such county, and CONTRACTOR covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
33. HEADINGS NOT CONTROLLING
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.
34. CITY BUSINESS LICENSE
CONTRACTOR will have a CITY of Ceres business license, as required.
35. ATTORNEYS’ FEES
If either party to this Agreement is required to initiate or defend or is made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees.
Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable if such action is prosecuted to judgment.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below.
Dated , 2022 Dated , 2022
CITY OF CERES, a municipal corporation CONTRACTOR
By By
Alex Terrazas, City Manager Signature
Typed name/title
APPROVED AS TO FORM CONTRACTOR’S Federal ID#:
Nubia Goldstein, City Attorney
CONTRACTOR’S CA State License
ATTEST Board #:
Fallon Martin, City Clerk
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EXHIBIT B
INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, his agents, representative, employees or subcontractors.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Offices (ISO) Commercial General Liability coverage (occurrence Form CG 00 01).
2. Insurance Services Office (ISO) Form CA 00 01 covering Automobile Liability, code 1 (any auto).
3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance
Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability:
(including operations, products
and completed operations)
$2,000,000 per occurrence for bodily injury,
personal injury and property
damage. If Commercial General
Liability insurance or other form
with a general aggregate limit is
used, either the general aggregate
limit shall apply separately to this
project/location or the general
aggregate limit shall be twice the
required occurrence limit.
2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage
3. Workers’ Compensation $1,000,000 Vendor shall maintain Worker’s Compensation
Insurance (Statutory Limits)
and Employer’s Liability
Insurance with limits of at
least one million dollars
($1,000,000).
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4. Employer’s Liability: $1,000,000 Per accident for bodily injury or disease.
If the contractor maintains higher limits than the minimums shown above, the entity shall be entitled to coverage at the higher limits maintained by the contractors.
SPECIFICATIONS FOR COMMON SITUATIONS
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the entity. At the option of the entity, either (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the entity, its officers, officials, employees and volunteers or (b) the contractor shall provide a financial guarantee satisfactory to the entity guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The general liability policy is to contain, or be endorsed to contain, the following provisions:
1. The entity, its officers, officials, employees, and volunteers are to be covered as insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided with two endorsement forms: 1) in the form of an additional insured endorsement to the Contractor’s insurance or as a separate owner’s police (CG 20 10 11 85 or its equivalent language) and 2) a CG 20 37 10 01 endorsement form or its equivalent language) and 2) a CG 20 37 10 01 endorsement form or its equivalent language. A later edition of the CG 20 10 form along with the CG 20 37 coverage form will give some protection to the entity for specific locations.
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days ITEM 8
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prior written notice by certified mail, return receipt requested, has been given to the entity.
4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
Waiver of Subrogation
Contractor hereby agrees to waive subrogation which any insurer of contractor may acquire from contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.
SPECIFICATIONS FOR COMMON SITUATIONS (continued)
The workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of the entity for all work performed by the contractor, its agents, employees, independent contractors and subcontractors.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the entity. This is only a recommendation. The entity may decide to accept an insurer with a rating of less than A:VII depending on various circumstances.
It is also recommended that the insurer for the contractor/consultant/vendor/lessee be “admitted” in California. This means that the insurer is licensed to do business in California, is subject to his insurance regulations and contributes to the guarantee fund.
However, there may be situations where a non-admitted insurer will have more financial strength (and the ability to respond to claims) than some admitted insurers. Please contact your broker, legal counsel or BRS when faced with this situation.
Those recommendations are applicable to almost any risk and exposure discussed in this manual.
Verification of Coverage
Contractor shall furnish the entity with copies of original certificates and endorsements, including amendatory endorsements, effecting coverage required by this clause. The endorsements should be on forms provided by the entity or on other than the entity’s forms, provided those endorsements or policies confirm to the requirements. All certificates and endorsements are to be received and approved by the entity before work commences; however, failure to do so shall not operate a waiver of these insurance requirements. The entity reserves the right to require complete, certified ITEM 8
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copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
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EXHIBIT A
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EXHIBIT A
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COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Vacant, Dist. 2
Bret Silveira, Dist. 3
Mike Kline, Dist. 4
MEETING DATE: September 12, 2022
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Kevin Waugh, Director of Engineering Services/City Engineer [email protected], (209) 538-5775
SUBJECT:
Resolution No. 2022 -121, Accepting the Whitmore Avenue Storm Lift Station Hatch Replacement Project as Complete, Approving the Balancing Contract Change Order , Authorizing the Filing of the Notice of Completion, and Releasing Retention to the Contractor RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council adopt a resolution accepting the Whitmore Avenue Storm Lift Station Hatch Replacement Project as complete, approving the Balancing Contract Change Order, authorizing the filing of the Notice of Completion, and releasing retention to the contractor 35 days after council acceptance.
I. BACKGROUND:
The existing concrete slab cover and access hatch for the existing storm lift station on Whitmore Avenue, west of Moore Road is in dire need of replacement. Public Works staff in the Streets Division routinely make temporary repairs to keep it safe and operable. The project consists of removing the existing slab and hatch, constructing a reinforced concrete slab cover, and installing a traffic rated access hatch.
II. REASONS FOR RECOMMENDATION:
All work has been completed in accordance with the contract proposal.
III. FISCAL IMPACTS:
The project was included and programmed in the fiscal year 2021/22 Capital Improvement Program (CIP) list for a total amount of $87,400.00 in account number 567.95.800500. The final construction cost for the project was $87,400.00 and the contingency amount was not used.
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IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:
This project is in conformance with the first priority of the Strategic Plan to ensure the community has adequate, well-maintained infrastructure.
V. POLICY ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
This project has been coordinated with the Public Works Department.
VII. PUBLIC PARTICIPATION:
There were no committees or public participation involved in this project.
VIII. ENVIRONMENTAL REVIEW:
N/A
IX. STEPS FOLLOWING APPROVAL:
The Notice of Completion will be filed and the 5% retention will be released after 35 days, if no claims are filed.
Approved by: _____________________________
Alex Terrazas, City Manager
Attachments:
1. Resolution
2. N otice of Completion
3. B alancing Contract Change Order
ITEM 9
RESOLUTION NO. 2022-121
ACCEPTING THE WHITMORE AVENUE STORM LIFT STATION
HATCH REPLACEMENT PROJECT AS COMPLETE, APPROVING THE
BALANCING CONTRACT CHANGE ORDER, AUTHORIZING THE
FILING OF THE NOTICE OF COMPLETION, AND RELEASING
RETENTION TO THE CONTRACTOR
THE CITY COUNCIL
City of Ceres
WHEREAS, the contractor has completed all work required pursuant to their contract with the Whitmore Avenue Storm Lift Station Hatch Replacement Project; and
WHEREAS, the City Engineer has recommended this project be accepted as complete and the contractor, United Pavement Maintenance, Inc. be paid all sums due under the contract; and
WHEREAS, the final contract amount is $ 86,400.00 and the funds to cover the final payment and retention funds are available in account numbers 56795.800500; and
WHEREAS, it appears the sums due under the contract are reasonable.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby accept the Whitmore Avenue Storm Lift Station Hatch Replacement Project as complete, approves the Balancing Contract Change Order, authorizes the filing of the Notice of Completion, and releasing retention to the contractor.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12
th day of September 2022, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
_____________________________
Javier Lopez, Mayor
ATTEST:
_____________________________
Fallon Martin, City Clerk
ITEM 9
ITEM 9
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
1. On September 12, 2022, the City of Ceres, a Municipal Corporation in the County of Stanislaus, State of California accepted the bid from United Pavement Maintenance Inc., for the construction of the Whitmore Avenue Storm Lift Station Hatch Replacement Project as Complete.
2. On July 01, 2022, the said contract as a whole was completed by United Paving Maintenance, and accepted by the City Council of the City of Ceres at a regular meeting of the City Council held on the 28th day of June 2021.
3. A f aithful performance bond and/or warranty b ond in the amount of ten (10) percent of the contract price will be enforced for a period of one year after notice of completion is filed.
By: _______________________________
Fallon Martin, City Clerk
City of Ceres
VERIFICATION
I, the undersigned, affirm:
I am the person who signed the foregoing notice. I have read and understand the above notice and know its contents, an d the facts stated ther ein are true and corr ect to the best of my knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed in the City of Ceres, County of Stanislaus, State of California on this 12th day of September 2022.
By: ________________________________________,
Fallon Martin, City Clerk
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