AGENDA
Amendment #1
Dated: February 23, 2023
CITY COUNCIL REGULAR MEETING
CITY OF CERES, CALIFORNIA
City Council Chambers, 2701 Fourth Street
Monday, February 27, 2023 at 6:00 p.m.
Mailing Address: Ceres City Hall, 2220 Magnolia 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); Rosalinda L. Vierra (District 2); Daniel A.
Martinez (District 4)
NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 54953, SUBDIVISION (e) OF THE RALPH M. BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.), CERES RESOLUTION NO 2023-12, AND THE FEDERAL AMERICANS WITH DISABILITIES 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:
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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 COMMENT 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
February 27, 2023
INVOCATION
Invocation by Chris Henry, Valley Christian Center.
PLEDGE OF ALLEGIANCE
Pledge of Allegiance led by Mayor Lopez.
PRESENTATIONS
A. Black History Month Proclamation.
B. City of Ceres 105th Anniversary.
C. StanRTA Presentation on New Routes.
D. Code Enforcement Update.
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 February 27, 2023 City Council Meeting was Posted on Thursday, February 23, 2023. (City Clerk)
2. Waive Readings. All Readings of Ordinances and Resolutions are Waived. (Waive readings 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)
AGENDA
Regular City Council Meeting
February 27, 2023
3. Register of Audited Demand(s) Dated February 8, 2023 through February 15, 2023. (Dias)
4. General Correspondence – Information Only
a. Public Works Monthly Report for January 2023. (Royal)
5. Resolution No. 2023-22, Authorizing the City Manager to Approve a Purchase and Sale Agreement for a 5.01-acre Portion of APN 037-023-002 Property Owned by the Tuolumne River Regional Park Partnership to the City of Modesto. (Royal)
6. Resolution No. 2023-23, Authorizing the City Manager to Approve a Purchase Order with IC Refrigeration to Replace the Air Conditioning Unit at Fire Station #15. (Royal)
CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR
UNFINISHED BUSINESS
None
PUBLIC HEARING
None
NEW BUSINESS
7. Resolution No. 2023-24, Authorizing the City Manager to Approve a Project Agreement with Red, Inc. Architects for the 1921 Rockefeller Drive Tenant Improvement Project and Authorizing the City Manager to Approve a Budget Amendment to Appropriate Funds. (Royal)
DISCUSSION ITEMS
None
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/her activities.
Mayor
City Council
AGENDA
Regular City Council Meeting
February 27, 2023
City Manager
City Attorney
Departments
County Supervisor
CLOSED SESSION
8. Conference with Legal Counsel – Existing Litigation (Gov. Code, § 54956.9) Name of Case: City of Ceres v. Pena, Stanislaus County Superior Court Case No.
CV-22-000383
REPORT FROM CLOSED SESSION
None
ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on March 13, 2023 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.
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 2220 Magnolia 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.
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 Thursday, February 23, 2023, at the following locations in Ceres: Community Center Display Case – 2701 Fourth Street __________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk AGENDA
Regular City Council Meeting
February 27, 2023
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).
DECLARING FEBRUARY 2023 AS
BLACK HISTORY MONTH
WHEREAS, the City of Ceres takes pride in recognizing February 2023 as Black History Month and celebrates the many achievements and contributions to our society and community made by African Americans; and
WHEREAS, the origins of Black His tory Month dates back to 1 915 when Dr. Carter Godwin Woodson founded the organization known today as the Association for the Study of African American Life and History; and
WHEREAS, Dr. Wo odson initiated Black History Week, in February of 1926 and for many years, the second week of February, chosen to coincide with the birthdays of Frederick Douglas and Abraham Lincoln, was celebrated by African Americans in the United States; and
WHEREAS, African Americans have played a significant role in our nation’s history by making valuable and lasting contributions; and
WHEREAS, all Ceres citizens are encouraged to pause and reflect on the contributions of the African-American community to our national and local identity and look to the future to im prove society so that we may live up to the ideals of freedom, equality, and justice.
NOW THEREFORE, I, Javier Lopez, Mayor of the City of Ceres, on behalf of the City Council, Vice Mayor Bret Silveira, C ouncilmembers James Cas ey, Rosalinda L. Vierra, and Daniel A. Martinez , do hereby proclaim February 202 3 as “Black History Month” in the City of Ceres, t o celebrate the diversity and character of our community and highlight the importance of sharing our c ulture, customs and traditions with those around us.
Proclaimed this 27th day of February 2023
___________________________
Javier Lopez, Mayor
ITEM A
ITEM A
IN RECOGNITION OF
CERES’ 105TH YEAR ANNIVERSARY
WHEREAS, Daniel Whitmore founded Ceres in 1867 and built the first home in 1870; and
WHEREAS, in 1871, Elma J. Carter, daughter of Levi and Fanna Carter, selected the name “Ceres” due to its fruitful so il that was a reminder of the Roman pre -Christian goddess of the same name; and
WHEREAS, Ceres was incorporated into a general law city of the State of California on February 25, 1918; and
WHEREAS, the first regular meeting of the Board of Trustees was hel d March 11, 1918; and
WHEREAS, the first election of Board of Trustees was held April 8 , 1918 and Vaughn D. Whitmore was elected as Mayor; and
WHEREAS, Ceres has become a wonderful place to live and raise a family with many cultural and community traditions; and
WHEREAS, Together We Achieve is the motto Ceres lives by and has flourished throughout the decades; and
WHEREAS, another milestone has been reached the City of Ceres’ 10 5th anniversary.
NOW THEREFORE, I, Javier Lopez, Mayor of the City of Ceres, on behalf of the City Council, Vice Mayor Bret Silveira, Councilmembers James Casey, Rosalinda L. Vierra and Daniel A. Martinez, do hereby proclaim February 2 5, 2023 as the 105th anniversary of Ceres’ and invite all Ceres residents, businesses, and organizations to join the City in celebrating.
Proclaimed this 27th day of February 2023
___________________________
Javier Lopez, Mayor
ITEM B
Vision 2032 Transit
Improvements
Adam Barth, CEO
Stanislaus Regional Transit Authority
ITEM C
Vision 2032 Project - Outcomes
• Redesign the fixed route system to be more
effective
• Grow Ridership with better Routing
• Operating days and hours made equitable
• Create regional hubs to reflect rider travel
patterns
• Improve messaging and passenger
technologies
• Recommendations Approved October 2022
• Changes Effective on March 5, 2023
ITEM C
Ceres and Vicinity Changes
ITEM C
Route 29
• Formerly the northern portion
of Route 15
• Mon–Fri 30 min. frequency
Sat-Sun 60 min. frequency
• Highlight destinations:
Downtown Modesto
Howard Prep
Ceres Community Center
Walmart shopping district
ITEM C
Route 42
• Mon–Fri 30 min. frequency
Sat-Sun 60 min. frequency
• Formerly served the Community
Services Agency (CSA) complex
and returned to Modesto
• Route expanded to provide:
• Service along Whitmore/SW Ceres
• Ceres Connection with the CSA Complex
• Connection with Walmart shopping area
• Access to city buildings and resources
ITEM C
Route 47 New!
• Grassroots request to link Ceres
and SW Modesto Communities
• Mon–Fri 30 min. frequency
Sat-Sun 60 min. frequency
• Service Highlights:
First time link between W/S Modesto
Access to public schools
Hatch & Mitchell corridors
Walmart transit hub
ITEM C
Route 61 Highlights
• Service frequency 60
minutes every day
• Hughson to Downtown
Modesto via Ceres
• Weekends will terminate in
Ceres
• Highly requested connection
coming from community
outreach meetings
ITEM C
Route 15 Highlights
• Service frequency 60 minutes
every day
• Sunday service added
• Ceres Service Highlights
Anchor for new Ceres transit hub
Walmart shopping district
Keyes primary service
CSU Stanislaus
Turlock Transit Center
ITEM C
New Look for Route Maps & Schedules
ITEM C
• 200+ new bus stops
systemwide
• New routes = new stops
• Bus stop improvement
program
• New Information Posts at stops
• QR Code takes Rider to
Schedule and Trip Planner
• Track the S
Bus Stops
ITEM C
• ADA Paratransit
• Individuals unable to navigate
fixed route service
• Door-to-door service wherever
fixed routes go
• Encompasses Ceres
• Medivan
• Open to general public
• Mon-Fri once a day service
• Bay Area medical centers
• One way fare =
$10 patient, $5 companion
Demand Response
ITEM C
• FREE Youth 0-18
• FREE MJC Students with ID
• $2 Day Pass Fixed Route
$1 for Seniors, Vets, Disabled
• $40 for 31-Day Pass
$20 for 31-Day Half Fare
Pass
• $15 RT BART Commuter
• $2.50 Trip ADA Paratransit
$2.50 Dial-A-Ride
Fare Structure
ITEM C
Sharing Feedback
• Riders: Please Be Patient
• Adjustment takes time
• Bus stop amenities added over time
• Continuing outreach with public
• Evaluate service in one year
• Ask the S app to submit customer
comments
ITEM C
To Learn More
Online:
www.RidetheS.org
Phone:
The S Customer Service
(209) 527-4900
Pick-up Route Brochures
• On the Bus
• Ceres City Hall
• The S Customer Service @
Modesto Transit Center
ITEM C
Questions
ITEM C
ITEM C
Together
We
Achieve
ITEM D
Our Code Enforcement Team
• Chris Perry – Captain (Oversees Code Enforcement)
• Trenton Johnson – Lieutenant (Code Enforcement Supervisor) • Jeff Varni – Code Enforcement Officer
• Jeff Hopkins – Code Enforcement Officer
• Jack Taylor – Code Enforcement Officer
• David Garcia (Part time) – Streets Division, assists CE • Vacancy (Part time) – Streets Division, assists CE
• Lauren Medina – Code Enforcement Secretary
A variety of public nuisances were a major concern and hot topic for members of our community and City Council. Council approved hiring additional Code Enforcement staff as of May 2022, which positively benefited the city’s grasp on blight and other topics. The Code Enforcement team has grown tremendously within the last year, the strong group that represents CE is not only considered a small family but an overall amazing team to work with. The effort and teamwork have made a noticeable difference in the community of Ceres.
ITEM D
Code Enforcement Duties
Illegal Dumps
Blight
Abandoned Vehicles
Vacant Lots
Homeless encampments
Zoning Violations
Business Violations – Street Vendors
Graffiti Abatement
Livestock
Shopping Cart Retrieval
Waste Wheeler Storage
Substandard Buildings
Public Nuisance
Business License Compliance
ITEM D
2022 Stats
1 0
30 13
8 9
2 23 25 27
53 74
0 10
20 30
40 50
60 70
80 HOMELESS ENCAMPMENT
ABATEMENT 2022
TOTAL 265
10 16
31 134
52 79
52 113
70 47
114
151
0 20
40 60
80 100
120
140
160
ILLEGAL DUMPING 2022
TOTAL 869
As the statistics reflect, our Code Enforcement Officers have been hard at work addressing as many requests as possible daily. The staffing in Code Enforcement has been a major component in the rise of activity throughout the year. Officer Hopkins joined the team in March 2022, Lauren Medina in January 2022, and Jack Taylor in October 2022. Officer Varni was working alone managing all cases prior to the hiring of Jeff Hopkins, Jack Taylor, and Lauren Medina.
ITEM D
Stats continued
20 19
144
281 273
244
267
288 280
173 178 170
0 50
100
150
200
250
300
350
INSPECTIONS/REINSPECTIONS COUNT 2022
TOTAL 2,337
0 21
30 21
7 6
1 4
7 4 3 3
0 5
10 15
20 25
30 35
VENDORS GIVEN CITATION 2022
TOTAL 107
ITEM D
Illegal Dumps
Illegal dumps have been a challenge in our city. Code Enforcement staff has been hard at work to ensure dumps are addressed in a timely manner. The following efforts have been made to bring awareness to the community:
• An illegal dump line was created 209-538-DUMP(3867).
• Patrol officers report dumps to dispatch.
• Posts on social media platforms. (Instagram and Facebook) • Community Disposal Day.
• Coverage 7 days a week.
ITEM D
Illegal dumps
ITEM D
Bertolotti Dump Weight
7740
9,340 9,060
8,050
0 1000
2000
3000
4000
5000
6000
7000
8000
9000
10000
Week 1 Week 2 Week 3 Week 4
Bertolotti Dump Weight
January 2023
Total - 34,190 pounds
7,200
19,740
7,940
2,665
0 5,000
10,000
15,000
20,000
25,000
Week 1 Week 2 Week 3 Week 4
Bertolotti Dump Weight
December 2022
Total - 37,545 pounds
ITEM D
RED TAGGED PROPERTIES
ITEM D
2121
Venus Dr
• Case opened February 2021
• Violations
• Substandard Buildings – Electrical/lack of hot and
cold
• Public Nuisance - Blight
• Abandoned Vehicles
• Discarded furniture/Appliances visible from public
right of way
• Waste Wheelers
• Broken windows/doors/ineffective waterproofing of
exterior walls
• Leaky faucet or plumbing fixtures
• Unsanitary
Where do we stand with 2121 Venus Dr?
New property owner has complied with Code
Enforcement and is showing major progress.
ITEM D
2121 Venus Dr
BEFORE AFTER
Major efforts from several employees and departments made this possible! ITEM D
2121 Venus Dr
BEFORE AFTER
ITEM D
437 West
Hackett Rd
• Case opened January 2022
• Violations
• Substandard Buildings – Electrical/lack of hot and cold • Public Nuisance - Blight
• Abandoned Vehicles
• Discarded furniture/Appliances visible from public right of way • Broken windows/doors/ineffective waterproofing of exterior walls • Leaky faucet or plumbing fixtures
• Unsanitary
ITEM D
437 West Hackett Rd
ITEM D
437 West Hackett Rd
ITEM D
Weekly Projects
ITEM D
What do weekly projects
consist of?
• Planning which area of the city to focus on as a team. • Addressing high priority cases/requests.
• Arranging equipment needed for special projects.
• Communicating with other departments for
assistance
- Public works, Streets Department, Patrol, Bertolotti
- Several employees in Streets are cross trained in operating different types of equipment to join Code Enforcement and assist in large clean ups
• Weed abatement, major clean ups, homeless camp
control.
ITEM D
Weed abatement
ITEM D
Darrah St Project
• Letters were sent to property owners to address the importance of maintaining a clean community on Darrah St.
• Weekly inspections by Code Enforcement, Graffiti Abatement, and Streets Department.
• Damaged dumpsters were replaced.
• Demolition and removal and trash enclosure.
• Great communication and teamwork by several departments in efforts of keeping Darrah St clean.
ITEM D
Alley on
Darrah St,
visited weekly
and free from
garbage and
illegal dumps!
BEFORE AFTER
ITEM D
City of Ceres Free
Community
Disposal Day
February 4th 2023
The free Community Disposal Day
that was held at River Bluff Regional
Park. 480 vehicles disposed of
unwanted furniture, appliances, and
other large items.
ITEM D
Community
Disposal Day
A total 10,162 lbs. of E-waste,
including 175 tv/monitors, and
214 mattresses were collected
as well as a substantial
number of tires. 22 City staff,
volunteers, Bertolotti Disposal,
CalTrans and California
Conservation Corps personnel
were onsite to assist
customers and facilitate
operations throughout the
event.
• Trash total weight
87,900 lbs = to 43.95 tons
• Tires total weight
24,340 lbs = to 12.17 tons
Tire count = 1,250
• Mattress weight
1,620 lbs = to 0.81 tons
ITEM D
Team effort went
into prepping for
this event along
with hard work,
support, and
gratitude from
the community!
ITEM D
Patrol Officers have contributed assistance making arrests at red tagged properties, responding to homeless
encampments, and always willing to help.
• 8 arrests, 269 responses for security checks.
• Squatters removed from several properties.
• Extra patrol day and night when requested.
• Great communication with Code Enforcement officers
regarding trespassing activity.
• Immediate responses upon requests to assist Code
Enforcement Officers if needed.
Partnering with Patrol
ITEM D
Training
• Bucket Truck training
• Heavy Duty Equipment training
• Officer Hopkins and Officer Taylor are scheduled to
attend additional CACEO trainings, all CE Officers
attend training and have CACEO memberships.
ITEM D
Bucket Truck/Heavy Duty
Equipment Training
• High rise buckets.
• How to operate and
stabilize vehicle.
• Safety procedures.
• Will be used for
placement of cameras
to target responsible
parties of illegal dumps
and graffiti.
ITEM D
Heavy Duty
Equipment
Training
• All staff trained to
operate large
dump truck, heavy
equipment front
loader, removal of
large items, and
proper safety
etiquette.
ITEM D
TEAMWORK
MAKES THE
DREAM WORK
ITEM D
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
ITEM 3
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: February 27, 2023
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Sam Royal, Public Works Director
[email protected], (209) 538-5717
SUBJECT: Public Works Monthly Report for January 2023
RECOMMENDED COUNCIL ACTION:
Information only, no action required.
I. BACKGRO
UND:
Outlined below are the significant actions performed by the Public Works Department for the month of January 2023.
FACILITY SERVICES:
• Completed 201 Facilities Maintenance work orders including: 174 service requests for electrical/lighting, plumbing repairs, HVAC issues, locksmith tasks, general repairs, and 27 preventive maintenance services.
• Completed the annual maintenance at the Ceres Community Center. Specifically, the large and small assembly rooms. Task completed were painting, replacing over 40 dirty ceiling tiles, cleaning air vents, corner guards, and lighting fixtures. • Completed the annual floor maintenan ce at Legion Hall. Floors were stripped and sealed with three coats of sealant.
• Met with Bauer at Fire Station 15 to replace the SCUBA air compressor with a new model to meet the NFPA code requirements.
• Contracted with Tri Valley to recycle 342 pou nds of E -Waste from various City Departments and Code Enforcement.
• Assisted with SCADA improvements, troubleshooting, and repairs to Well controls for Park’s irrigation improvements, Streets’ lift stations , and Water’s wells and communications.
• Continued clean- up of homeless camps/debris at Independence Park and Roeding Park with the assistance of Code Enforcement.
ITEM 4a
Maintenance activities performed by one (1) Supervisor, one (1) Senior Facilities Maintenance Worker, two (2) Facility Maintenance Workers, and five (4) Custodians.
FLEET SERVICES:
Completed 76 work orders
Fleet, Department 20
• Fleet received the new enclosed filter crusher (budgeted item) • Repaired small forklift, hydraulic ram leaks and tune up • Repaired large forklift, electronic distributor module and tune up
Fire, Department 15
• Fire Dept received new F150 (21/22 budget item)
• Repaired two West Port fire engines, tank leak and accident repair
Police, Department 10
• Repair emergency lighting on SWAT truck
• Serviced/repaired 12 patrol and detective units
Streets, Department 30
• Emissions repairs on street sweeper
Water, Department 35
• Water received new supervisor F150 (21/22 budget item)
Parks, Department 40
• Toro mower had rear axle, both mower wing decks , and right door glass repaired/replaced
• Replaced wood bed and left fender on toro mower trailer
Wastewater, Department 25
• Vaccon sewer truck had suction hose and blower motor repairs/replaced
Facilities, Department 41
• N/A
Emergency and non-emergency City vehicles and equipment is maintained and repaired by one (1) Supervisor, one (1) Sr. Maintenance Mechanic , and two (2) Maintenance Mechanics.
LANDSCAPE MAINTENANCE:
Completed a total of 256 service requests in the following categories:
• Bike Path Repairs: 2
• City Grounds Maintenance: 42
• Park Landscape and Maintenance: 155
• Parks Landscape chemical usage: 680 gallons Parks / Grounds ITEM 4a
• Playground and Equipment Repairs; All parts for several playgrounds ordered 120-day plus on arrival
• Playground and Equipment Inspections: 0
• Right of Way (ROW) Irrigation Repairs: 19 sprinklers • Park Trees: 23 Trimmed
• Tree Customer Requests (Tree or Limb Down, Trims or Removals): 25 • Total Graffiti Vandalism & Repair cost is $6,000.00 for the month of January alone Parks sprinklers repaired or replaced:
• Barry Grove – 0
• Costa Fields – 0
• Don Pedro – 2 vandalisms
• Independence –2 maintenances
• Dog Park – 1 maintenance
• Neel Park – 2 vandalisms
• Persephone – 2 maintenances
• Redwood – 0
• Riverbluff – 2 vandalisms, 6 maintenances
• Riverview – 2 maintenances
• Roeding Heights – 2 maintenances
• Sam Ryno – 0
• Smyrna – 10 maintenances
• Strawberry – 0
• Whitmore – 0
Parks General Maintenance/Repairs:
• Maintenance on 9 Wells for winter
• Sprayed all Parks for weeds
• Graffiti removal at Sam Ryno (6), Strawberry (5), River Bluff (4), Roeding (2), Neel (1), Persephone (1), Smyrna (7), Don Pedro (1) and Independence (2) parks Grid Prune by West Coast Arborists (WCA)
• Grid # 3 2020-2021 100% - Complete with 2,343 trees pruned • Gird # 4 2021=2022 99% - Completed with 2,450 trees pruned so far • Grid # 2 2022 – 2023 Started in July 45% completed
• Grid # 1 & 5 uncompleted with a total of 8,571 trees unpruned • Pending: 167 High Risk, 11 Removals and 56 Trims from July forward • Grid Prune on hold due to budget
Grounds
Rights of Way (ROWs):
• Removed trees along ROW on Hatch which blew over due to storm; relocated 4 boulders, needs additional boulders
• Faith Home; modifying enclosure of backflow device in order to make it vandal- proof, due to past vandalisms
• River road; backflow devices stolen
• Morgan roundabout; damaged due to vehicle accidents twice - artificial grass needs to be replaced/readjusted
ITEM 4a
• Re-staked 4 trees along Eastgate and 2 trees along Fowler Road; 2 trees damaged by vandalism
Sam Ryno:
• Closed off 2-5 age (small child) playgrounds due to vandalism, repaired twice. • Vandalism of 5-12 barricades repeatedly put on top of covered area Smyrna Park:
• Re staked 4 trees along Presidential walkway due to vandalism • Old restroom broke into on 1/10/23 with several pieces of equipment stolen including pop-up tarps, portable spot lights, hand tools, and multiple boxes of toilet paper.
Riverview Park:
• 6- 12 age Playground damaged due to fire in slide, parts ordered possible 6-month delivery time. 6 months install + upon delivery
Whitmore Museum:
• Assessing condition of the Elm tree for possible removal River Bluff Park:
• Playground area - replaced 2 sprinklers due to vandalism • Gate closed to lower bluff per Fire; re-opened on 2/1/23 • 7 trees blew over in storm, all removed by parks crew • Lower Bluff installed 1 Bench and 6 concrete trash cans • Brush hogged trimmed trees lower bluff area
• Repaired wiring damaged by contractor in the upper bluff • 6” mainline broken and 2 values at entrance repaired 2/2/23 by joint effort of Public Works divisions
Guillermo Ochoa Park:
• Ongoing maintenance of Carousel and Merry-Go-Round
• Repaired carousel due to damage
• Removed Merry-Go-Round wheel due to vandalism, parts arrived to be repaired soon.
Storm update: Parks 1/1/23 - 18 trees down with 4 Parks employees out 6 hours each clearing drains and trees.
City Parks Landscaping and Maintenance is performed by one (1) Supervisor, one (1) Sr.
Parks Maintenance Worker, four (4) Park Maintenance Workers, and one (1) part-time Maintenance Worker.
SOLID WASTE & RECYCLING:
Reminder: The Leaf & Limb collection ended on January 9th. Any piles placed in the street until October 1st is consider an illegal disposal violation. • Highlights of solid waste and recycling collection by Bertolotti for January 2023
ITEM 4a
Residential…………………….… 1168.92 tons
Commercial……………………… 1,898.42 tons
Illegal dump (code enforcement) 17.01 tons, 225 locations Bulky items…………………….… 36.68 tons, 124 locations
Leaf/limb ……….…………….… 94.32 tons
Street Sweep………………….… 49.19 tons
Residential Organics…………… 458.02 tons
Commercial Organics…………. 362.71 tons
Residential Recycle………….… 222.62 tons
Commercial Recycle …………… 6.38 tons
C&D (Construction/Demolition Debris) 0
Used oil…………………………… 489 gallons
Used oil filter……………...……… 88
• There were 4 garbage cart storage violation notices issued in January. • There were 82 organic cart contamination violations issued in January. • The free Community Disposal Day that was held at River Bluff Regional Park on Saturday, February 4 th admitted 480 vehicles to dispose of unwanted furniture, appliances, and other large items. A total 10,162 lbs. of e-waste, including 175 tv/monitors, and 181 mattresses were collected, as well as a substantial number of tires. 22 City staff, volunteers, Bertolotti Disposal, CalTrans , and California Conservation Corps personnel were onsite to assist customers and facilitate operations throughout the event.
• A reminder that residents can pick up FREE compost and mulch at River Bluff Regional Park parking lot during the park’s open hours. The compost and mulch are self-serve and residents must bring their own containers/vehicles and shovels to collect the material. The program is funded by the SB1383 local assistance grant which the City received to assist with procurement requirement mandates , but will also serve to compliment the City’s turf rebate program and aid with water conservation efforts.
Solid Waste Division work is performed by one (1) Administrative Analyst and one (1) part- time Streets Maintenance worker.
STREETS SERVICES:
• Staff responded to a total of 70 customer service requests • Responded to 160 Underground Service Alerts (USA) markings • Repaired 29 streetlights
• Fought numerous rainstorms with the help of the following divisions : Wastewater, Water, Fleet, Facilities, and Parks
• Repaired 3 storm drain lift stations
• Made 3 confined space entries
• Patched numerous potholes due to the heavy rain
• Repaired large sinkhole on Central Ave
City Streets Division maintenance is performed by one (1) Supervisor, two (2) Sr. Maintenance Workers, six (6) Streets Maintenance Operators, one (1) Street Sweeper Operator and (2) part ITEM 4a
time Street/Code Enforcement Maintenance workers. Please note the Streets Division has been down one staff member since January 2022 due to workers comp injury.
WASTEWATER (WWTP):
• Responded to 6 customer service requests and 34 sewer problems, during working hours and after hours
• Staff responded to 5 Smart Cover alerts & alarms that prevented Sanitary Sewer Overflows (SSO’s). There were (0) SSO in January which resulted in 0 gals spilled and recovered
• Serviced or Repaired:
o Lift Stations – 11
o WWTP Equipment – 24
o Main line sewer plugs – 1
o Aerators – 1
• Staff performed weekly landscape maintenance, weed abatement, and levee erosion control
• Staff checked on force main to Turlock
• Staff cleaned 23,772 feet of Sewer Main Line
• Staff CCTV inspected 11,067 feet of sewer line
• Staff continues the process of updating the Wastewater Discharge Report (WDR) • SCADA Integrator, Jeff Burrows, and Wastewater Staff, continued converting lift station and treatment plant controls to the new SCADA system
• Staff continued to retrofit and install a new irrigation pump control system and integrate it into the SCADA system
• Staff tested, removed from service, and sent in for repairs 1 aerator, 1 lift station pump, and 1 export station pump
• Staff serviced all City owned grease interceptors
• Staff assisted with clean -up of backed up storm water throughout the city on multiple occasions
• Staff checked & marked 188 USA tickets, which took 27 hours; preventing contractors from damaging City sewer lines
• Turlock sewer use charges $143,552.14 for the month of December (Jan not yet received)
• Modesto sewer use charges $129,893.47 for the month of December (Jan not yet received)
• Biochemical Oxygen Demand (BOD) 59 mg/L
• Treated and disposed of 74.43 MG of wastewater with an average of 2.40 MGD • Joshua Welch resigned his position to pursue his career in another nearby city.
Ceres Wastewater System operations and maintenance are performed by one (1) Supervisor, two (2) Sr. Wastewater Operators, two (2) Operator II, one (1) Operator I, three (3) Operator - in-Training. There is still one (1) open Operator position.
WATER SYSTEM MAINTENANCE:
Water, Department 35
• January 2023 well production was 112.86 million gallons • Average water use for January was 3.64 million gallons per day ITEM 4a
• Water staff responded to 41 customer service requests • Water staff responded to 60 Underground Service Alerts (USA) markings • Meter statistics and repairs:
o Meters in water distribution system: 11,812
o Meters/radios serviced: 24
o Meters replaced: 21
o Meters upgraded from ¾”, 5/8” to 1”: 0
o New meter installations: 0
o Meters tested for accuracy: 0
• Total valves in water distribution system: 4,402 of which 33 were exercised • Blow-offs and hydrants flushed: 15
• Water main leaks: 0
• Service line leaks: 0
• Service lines have been replaced: 0
• Hydrants replaced: 3
• Tank 1 was cleaned and touched up
• Well 38 is offline and being treated and scrubbed – emergency rehab necessary • Staff participated in storm relief efforts
Water Conservation, Department 36
January 2023 calculated residential gallons used per person per day: 58.30 • Annual average is 87.32 gallons per person per day
• Responded to 20 water conservation service requests
• Issued courtesy notifications: 34
• Performed 1 water audit
• Delivered 3 water waste warnings and 0 water waste fines • Rebates Issued: Dishwasher: 0, Smart Irrigation: 0, ULF Toilets: 0, Washing Machine: 0, and Turf Replacements: 0
Total Rebates YTD: 0
The graph below shows our production numbers for 2020 in blue com pared to 2022 in purple with the water reduction target of 15% in red. For January 2023, we had a decrease of 6.15% from the January 2020 production numbers.
ITEM 4a
Water system maintenance is performed by one (1) Public Works Superintendent, one (1) Water Distribution Supervisor, one (1) Administrative Analyst, one (1) Sr. Water Distribution Operator, eight (8) Water Distribution Operators, two (2) Field Service Technicians, and two (2) part-time Water Conservationists.
Approved by: ________________________
Alex Terrazas, City Manager
ITEM 4a
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: February 27, 2023
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Sam Royal, Director of Public Works
[email protected], (209)538-5717
SUBJECT:
Resolution No. 2023-22, Authorizing the City Manager to Approve a Purchase and Sale Agreement for a 5.01-acre Portion of APN 037 - 023-002 Property Owned by the Tuolumne River Regional Park Partnership to the City of Modesto
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council approve the purchase and sale agreement of a 5.01- acre portion of property owned by the Tuolumne River Regional Park (TRRP) partnership between City of Ceres, City of Modesto, and Stanislaus County to the City of Modesto.
I. BACKG ROUND:
Tuolumne River Regional Park (TRRP) is a partnership between the City of Ceres, City of Modesto, and Stanislaus County and is governed pursuant to a Joint Powers Agreement between the agencies.
The City of Modesto Wastewater Division of the Utilities Department operates the Sutter Primary Treatment Facility (the Facility), located at 1221 Sutter Avenue in Modesto. The Facility is currently undergoing a redesign of the entrance to increase efficiency of traffic flows into and out of the Facility, increase visitor and employee parking, and add to equipment storage areas.
Adjacent to the Facility is approximately 28.13- acres, which is part of the TRRP (see attached map). This property is located at 1500 Robertson Road and managed by the City of Modesto as administrator of the TRRP. The property is currently open space/raw land and is located on the south side of Robertson Road, west of Sutter Avenue, in the southwesterly portion of the City of Modesto (APN 037-023-002).
The property is under the jurisdiction of the City of Modesto and it is within the Tuolumne River Comprehensive Planning District of the General Plan and has a General Plan ITEM 5
designation of Open Space (OS). The adjacent property to the east is the Sutter Primary Treatment Facility.
Expansion of the Facility is limited by residential use to the north, Dryden Golf Course to the east, and the Tuolumne River to the south. This request is to purchase a 5.01- acre portion of the adjacent 28.13 acres, to allow for the needed expansion to the west.
The Sutter Facility Layout Plan (SFLP) identifies recommended improvements for access, traffic circulation and parking. The project's scope of work is a combination of the SFLP identified improvements as well as improvements identified by Operations and Maintenance staff. The project will include a new entrance for the Facility, that will be located along Robertson Rd, a new guard booth with proximity card reader, automated entry gates, new parking lot, new septic receiving station, card access and analyzer equipment at septic receiving station, new ornamental iron fence, road and various drainage improvements.
The following graphic represents the subject parcel:
The following graphic represents the portion of the parcel to be acquired/sold, which is approximately five acres:
ITEM 5
II. RE ASONS FOR RECOMMENDATION:
The property has never been used as a park facility but is designated to be a portion of a soccer complex in the TRRP Master Plan. After the conceptual design was completed, it was determined that the triangular shaped parcel is not necessary to construct full build out of the soccer complex. Therefore, the sale of this land for a treatment plant entrance will not negatively affect the implementation of the TRRP Master Plan.
Under the TRRP Joint Powers Agreement, the property is owned jointly by the County, City of Ceres, and City of Modesto. Accordingly, Modesto must both approve of the sale of the TRRP property as a member of TRRP and approve of the purchase of this property by the Wastewater Division. Modesto approved of the sale and purchase on January 12, 2023.
In addition, since they are part owners of the property, the City of Ceres and Stanislaus County must also approve of the sale of the TRRP property. After the sale, TRRP will retain a remainder of 23.13 acres and the City of Modesto will file a record of survey to show the established boundaries of the two parcels.
The Tuolumne River Regional Park Citizens Advisory Committee (TRRP CAC) unanimously recommended conceptual approval of this sale of land at the March 17, 2021, meeting. In addition, on August 3, 2022, the TRRP CAC, by a vote of 4-1, recommended the formal approval of sale of this land. Finally, on August 10, 2022, the TRRP JPA Commission, by a vote of 3- 0, recommended the sale of this land and forwarded to the legislative bodies of the members of the JPA for approval. As one of the legislative bodies of members of the JPA, City of Ceres staff also recommends the approval of sale of this land.
ITEM 5
The sale of the property to the City of Modesto Utilities Department for a public use is exempt from compliance with the Surplus Land Act because the property is "exempt surplus property" pursuant to Government Code Section 54221 (f)(1)(D).
Pursuant to the Subdivision Map Act, Government Code Section 66428 (a)(2), the creation of parcels of land conveyed between public agencies is exempt from requirements of a parcel map. Therefore, the creation of the 5.01-acre parcel is allowed to be created by the attached legal description and then transferred between the agencies by grant deed.
III.
FISCAL IMPACTS:
The property was appraised and prepared by Chapman & Patton on September 3, 2019.
The appraised fair market value of the property was determined to be $191,000.00. Staff believes the appraised value is within fair market range for the property based on research of other TRRP property located within the 100-year flood plain.
The proceeds of the sale in the amount of approximately $191,000.00 will be dis bursed to the TRRP Operating Fund (Fund 6700) and will be allocated in accordance with the requirements of the TRRP JPA agreement. The agreement states that revenues shall be applied against expenditures for that fiscal year. If revenue exceeds expenditures, the excess shall be allocated to the parties’ contribution accounts in proportion to t he size of each such account.
IV. E XISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN :
N/A
V. P OLICY ALTERNATIVES :
Should Council decide not to agree and approve of the sale of the property, the City of Modesto will not be able to move forward with their plans and the 5.01 acres will remain unused under the TRRP.
VI. I NTERDEPARTMENTAL COORDINATION:
N/A
VII. P UBLIC PARTICIPATION:
N/A
VIII. EN VIRONMENTAL REVIEW :
N/A
IX. ST EPS FOLLOWING APPROVAL :
Upon approval by Council, the City Manager will execute the Purchase and Sale Agreement with the City of Modesto as one of the “Sellers”.
ITEM 5
Approved by: __________________________
Alex Terrazas, City Manager
Attachments:
1. Resolution
2. Purchase and Sale Agreement
3. Exhibit A – Legal Description
4. Exhibit B – Plat to Accompany Legal Description
ITEM 5
ITEM 5
{CW126532.1}
RESOLUTION NO. 2023-22
AUTHORIZING THE CITY MANAGER TO APPROVE A PURCHASE
AND SALE AGREEMENT FOR A 5.01-ACRE PORTION OF APN 037-
023-002 PROPERTY OWNED BY THE TUOLUMNE RIVER REGIONAL
PARK PARTNERSHIP TO THE CITY OF MODESTO
THE CITY COUNCIL
City of Ceres
WHEREAS, The Tuolumne River Regional Park (TRRP) is a partnership between City of Ceres, City of Modesto, and Stanislaus County and is governed pursuant to a Joint Powers Agreement (JPA) between the agencies; and
WHEREAS, adjacent to the Sutter Primary Treatment Facility operated by the City of Modesto is a 5.01-acre portion of APN 037-023-002 designated to be part of a soccer complex implemented by the TRRP but determined unnecessary for the full build of the complex; and
WHEREAS, the City of Modesto proposes to purchase this property to allow for needed expansion of the Sutter Primary Treatment Facility to the west; and
WHEREAS, the TRRP Citizens Advisory Committee (TRRP CAC) unanimously recommended conceptual approval of this sale of land at the March 17, 2021; and
WHEREAS, on August 3, 2022, the TRRP CAC, by a vote of 4- 1, recommended the formal approval of sale of this land; and
WHEREAS, on August 10, 2022, the TRRP JPA Commission, by a vote of 3-0 , recommended the sale of this land and forwarded to the legislative bodies of the members of the JPA for approval; and
WHEREAS, as one of the legislative bodies of members for the JPA, City of Ceres staff recommends the approval of sale of this land.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize the City Manager to a pprove a purchase and sale agreement for a 5.01-acre portion of APN 037-023-002 property owned by the Tuolumne River Regional Park Partnership to the City of Modesto.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 27
th day of February 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
ITEM 5
{CW126532.1}
________________________________
Javier Lopez, Mayor
ATTEST:
_________________________________
Fallon Martin, City Clerk
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EXHIBIT A
LEGAL DESCRIPTION - DESCRIBED AREA
Being a portion Parcel A, as shown on that certain Parcel Map recorded in Book 2 of Parcel Maps at Page 12, Stanislaus County Records, lying within the Southeast Quarter of the Southeast Quarter of Section 6, Township 4 South, Range 9 East, Mount Diablo Base and Meridian, located in the City of Modesto, County of Stanislaus, State of California, described as follows:
BEGINNING at the northeasterly corner of said Parcel A, said corner also being the intersection of the southerly line of Robertson Road (50' wide) with the easterly line of said Section 6; thence along the easterly line of said Parcel A, same being the easterly line of said Section 6, South 00°09'23" West, 160.05 feet; thence leaving said easterly line of Section 6 and
along the southeasterly line of said Parcel A, South 26°03'17" West, 892.75 feet to the southeasterly corner of said Parcel A; thence across said Parcel A, along a line parallel with the easterly line of said Section 6, North 00 °09'23" East, 959.36 feet to the northerly line of said Parcel A and said southerly line of Robertson Road; thence along said northerly line, North 89 °36'00" East, 389.95 feet to the POINT OF BEGINNING.
Containing 5.01 Acres, more or less.
See Exhibit B Attached Hereto and made a part Hereof.
This real property description has been prepared by me or under my direction in conformance with the Professional Land Surveyors' Act. §j:aakma, PLS 9328
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�
NORTH
25'
JOHN
STREET ---1
LEGEND
ROBERTSON ROAD
DESCRIBED AREA
I-
AREA = 5.01 ACRES
LANDS OF
COUNTY OF STANISLAUS
CITY OF MODESTO
CITY OF CERES
VOL. 2708 O.R. PG. 423
APN 037-023-002
$l\JJ'!i1i'lclffi \WI /A\$1l"IE\W/ IA\ 11'1Elffi
li'lffiU'li'IMIIEIMi lf»U\IM'li'
APN OJ7-0J7-001
APN ASSESSOR'S PARCEL NUMBER
COR CORNER
-M- MAPS
0.R. OFFICIAL RECORDS OF STANISLAU·s COUNTY
-PM- PARCEL MAP
POB POINT OF BEGINNING
-S- SURVEYS
PREPARED BY:
D.HAAKMA EXHIBIT B
SEC. 6 SEC. 5
SEC. 7 SEC. 8
DATE:
SEPTEMBER 13; 2019 PLAT TO ACCOMPANY LEGAL DESCRIPTION �- SCALE:
1" = 250'
SHEET:
ONE OF ONE
PROJECT: SUTTER TREATMENT PLANT
)
MODESTO
CALIFORNIA
PROJECT NUMBER
100372
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COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: February 27, 2023
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Sam Royal, Director of Public Works
[email protected], (209)538-5717
SUBJECT:
Resolution No. 2023-23, Authorizing the City Manager to Approve a Purchase Order with IC Refrigeration to Replace the Air Conditioning Unit at Fire Station #15
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council authorize the City Manager to approve a purchase order with IC Refrigeration to replace the air conditioning unit at Fire Station #15, located at 2755 3rd Street, Ceres.
I. BACKGROUND:
The existing air conditioning unit currently serving Fire Station #15 is original unit and over thirty years old. Th e existing unit is a rooftop packaged type with a dual stage two (2) compressor operating system. During the summer of 2022, one of the compressors had failed resulting in the unit only running at 50% of cooling capacity. The dual compressors are necessary for larger buildings and have two levels of operation: high for hot summer days (equivalent to “full blast”), and low for milder days. T he single-stage setting is adequate to meet house- cooling demands, while a two-stage unit runs for longer cycling periods and produces more even temperatures. Due to the size of the Fire Station, operating on one single compressor is totally inefficient, adds pressure to one compressor, and results in unit failure. Repairing the unit is not feasible, as the unit was installed in the late 1990’s and is overdue for a full replacement. In order for the air conditioning unit to function correctly and maintain even temperatures, the unit must be replaced.
II. REASONS FOR RECOMMENDATION:
Bids were requested from three (3) local vendors and two (2) bids were received. IC Refrigeration is the successful low bidder in the amount of $27,353.00. A n eight percent contingency of $2188.00 brings the replacement of the air conditioning unit at Fire Station #15 total to $29,541.00. A memo with bid results is attached.
ITEM 6
III. FISCAL IMPACTS:
The funds are available in the 2022/23 fiscal year budget from Repair and Maintenance - Buildings, account 679.41.299 in the amount of $29,541.00 per the quote attached hereto and including the 8% contingency.
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
This purchase is related to the infrastructure section of the Strategic Plan to “Ensure that 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. POLICY ALTERNATIVES:
Should Council decide not to approve the replacement, the air conditioning unit runs the risk of complete failure during the summer months, when temperature highs range average mid-90’s and easily and frequently rise above 100 degrees.
VI. INTERDEPARTMENTAL COORDINATION:
N/A
VII. PUBLIC PARTICIPATION:
N/A
VIII. ENVIRONMENTAL REVIEW:
N/A
IX. STEPS FOLLOWING APPROVAL:
Upon Council approval, the City Manager shall execute the purchase order.
Approved by: __________________________
Alex Terrazas, City Manager
Attachments:
1. Resolution
2. Bid Summary
3. Full IC Refrigeration Quote
ITEM 6
RESOLUTION NO. 2023-23
AUTHORIZING THE CITY MANAGER TO APPROVE A PURCHASE
ORDER WITH IC REFRIGERATION TO REPLACE THE AIR
CONDITIONING UNIT AT FIRE STATION #15
THE CITY COUNCIL
City of Ceres
WHEREAS, the current air conditioning unit at Fire Station #15 was installed in the late 1990’s and is now operating on only one of two compressors; and
WHEREAS, due to the age of the unit, replacement is recommended in order to provide proper cooling of the large building located at 2755 3 rd Street; and
WHEREAS, quotes were requested from three local vendors and two proposals were received; and
WHEREAS, the lowest responsive and responsible bid for the replacement of the air conditioning unit at Fire Station #15 was received from IC Refrigeration for an amount of $27,353.00; and
WHEREAS, a construction contingency in the amount of 8% is necessary and appropriate to accommodate any unforeseen costs bringing the total c onstruction authorization to $29,541.00; and
WHEREAS, sufficient funds are available in the 2022/23 fiscal year budget in account 679.41.299.
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 with IC Refrigeration to replace the air conditioning unit at Fire Station #15.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 27
th day of February 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_________________________________
Fallon Martin, City Clerk
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COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: February 27, 2023
TO: Mayor and City Council
FROM: Alex Terrazas, City Manager
CONTACT: Sam Royal, Public Works Director
[email protected], (209) 538-5717
SUBJECT:
Resolution No. 2023-24, Authorizing the City Manager to Approve a Project Agreement with Red, Inc. Architects for the 1921 Rockefeller Drive Tenant Improvement Project and Authorizing the City Manager to Approve a Budget Amendment to Appropriate Funds RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council approve a project agreement for the 1921 Rockefeller Drive Tenant Improvement Project with Red, Inc. Architects (“Red, Inc.”) and authorizes the City Manager to approve a Budget Amendment to appropriate funds.
I. BACKG ROUND:
The current City Corporation Yard is located at 2220 Hackett Road. The campus has several buildings occupied by staff as well as several storage buildings. The buildings on this property are all aging with the current administration building dating back to 1874.
Several additions and modifications have been made over the last 149 years. The most recent structure was added to the Fleet Shop which was constructed in 2013. Currently, staff is outgrowing the campus. There are not enough offices currently for all the employees, leaving some to share spaces.
City staff has been working with a planning and design firm for approximately four (4) years on a Corporation Yard Masterplan. Resolution 2018-052 was approved by City Council on May 29, 2018, which approves a local and federal retainer for architectural service agreements for various vendors, including Red, Inc. (formerly known as Pires Lipomi, and Navarro). The masterplan was planned in four (4) phases to allow for minimum daily operational impact during construction and spread the cost of the project over several years. The cost for the Corporation Yard Master Plan was approved on April 15, 2019, for $127,500.00. The site was then approved via Plan Approval by the Planning Commission on April 19, 2021. This Site Plan Approval entitlement expires on April 19, 2023.
ITEM 7
Throughout that process, it has been made apparent that the operational needs of the Public Works Department have outgrown the existing site.
The current Corporation Yard consists of seven (7) buildings located on an approximately 165,000 square f oot site. Future plans also include moving the parks maintenance staff, who are currently located at Smyrna Park, to the Hackett Road Corporation Yard Facility as well.
On May 10, 2021, City Council approved the purchase of the 1921 Rockefeller Drive property in the amount of $1,500,000.00. The City acquired this property which consists of two separate large metal buildings. To allow more space for all of Public Works’ equipment and staff, the newly acquired property can house the Water Division and field staff’s daily operations including equipment and material storage. Proposed improvements to the southern building will create areas for indoor storage of equipment that is currently stored outdoors at the corporation yard. Proposed improvements to the northern building include a breakroom, training room, and an area for administrative staff. There will also be auxiliary power once Well 22 Site Improvements are complete in Fall 2023. The backup power supply will allow for a seamless transition of power during emergencies.
An additional benefit to the development of the Rockefeller Campus will be the inclusion of an Emergency Operation Center (“EOC”) for the City of Ceres emergency personnel. One conference room will be equipped with the permanent communication and electrical infrastructure needed to support the rapid response of the EOC. This dedicated space for the EOC response will be electrically supported during a power failure by the onsite backup power via the generator that will be installed at the adjacent Well 22 site during the well improvements that are underway. This backup power supply has the ability to power the entire Campus during an emergency.
A feasibility study for the Rockefeller Campus has been completed by Red Inc. and the proposed cost for the design of the property is $171,700.00.
II. RE
ASONS FOR RECOMMENDATION:
Staff has been working with Red Inc. on this preliminary design plan for tenant improvement at the 1921 Rockefeller Drive property. This property is a good fit for staff, freeing up space within the existing Corporation Yard. Moving water staff to 1921 Rockefeller Drive will also allow for construction activities within the near future of the existing Corporation Yard located at 2220 Hackett Road with less relocation of staff at that time.
The design, including the permitting and bidding process, is expected to take approximately six (6) months, or near the end of the summer 2023. Construction will begin early Fall 2023, and is expected to take 12 months to completion.
Total project costs are estimated at $2,000,000.00 (which includes a 10% construction contingency); $171,700.00 for design and $1,828,300.00 for construction.
III. F
ISCAL IMPACTS :
ITEM 7
This project was not budgeted in Fiscal Year 2022/23. A budget amendment in the amount of $171,700.00 is necessary to cover the design phase. Funds can be found in account number 527.35.800500. Construction funding will be requested in the fiscal year 2023/24 budget. This project will be funded by the Water Enterprise Fund; there will be no impact to the General Fund.
IV. E
XISTING POLICY / RELATIONSHIP TO STRATEGIC P LAN:
The recommended action supports the strategic plan by making improvements to the 1921 Rockefeller property freeing up space within Corporation Yard and to assist with water division administration and field staff daily operation including equipment mobilization and material storage.
V. P
OLICY ALTERNATIVES :
Should the Council decide not to move forward with the design and construction, this property will be used for material and equipment storage only while the current Corporation Yard continues to exceed capacity. This will also mean that during the construction phase of the Corp Yard Masterplan, employees will need to be relocated somewhere throughout City buildings at that time.
VI. I
NTERDEPARTMENTAL COORDINATION:
N/A
VII. P UBLIC PARTICIPATION:
N/A
VIII. EN VIRONMENTAL REVIEW :
N/A
IX. ST EPS FOLLOWING APPROVAL :
Upon approval, the City Manager shall execute the agreement and the Finance Director shall make the appropriate accounting entries.
Approved by: ________________________
Alex Terrazas, City Manager
Attachments:
1. Resolution 2023-24
2. Budget Amendment
3. Agreement
4. Design Cost – Exhibit A
5. Conceptual Design – Exhibit B
ITEM 7
ITEM 7
RESOLUTION NO. 2023-24
AUTHORIZING THE CITY MANAGER TO APPROVE A PROJECT
AGREEMENT WITH RED, INC. ARCHITECTS FOR THE 1921
ROCKEFELLER DRIVE TENANT IMPROVEMENT PROJECT AND
AUTHORIZING THE CITY MANAGER TO APPROVE A BUDGET
AMENDMENT TO APPROPRIATE FUNDS
THE CITY COUNCIL
City of Ceres
WHEREAS, staff has been working with consultant Red, Inc. Architects for approximately four (4) years on a new Corporation Yard Masterplan, which was approved by the Planning Commission in 2021 due to the aging buildings dating back to 1894 and the growth of necessary Public Works staff; and
WHEREAS, throughout the process it has been made apparent that Public Works staff is outgrowing the existing corporation yard at a higher frequency than expected; and
WHEREAS, in 2021, the City acquired the property at 1921 Rockefeller Drive with the intention to house equipment and supplies for the Public Works Department; and
WHEREAS, to allow more space at the corporation yard while the masterplan is finalized, staff would like to develop buildings at the Rockefeller campus to also permanently house Water Division staff, daily operations, and equipment mobilization as well as an Emergency Operation Center (EOC) for Public Safety; and
WHEREAS, the proposed cost from Red, Inc. Architects for the design and construction of the Rockefeller campus is estimated at $2,000,000.00, which includes $171,700.00 for initial design; and
WHEREAS, construction of the Rockefeller Drive campus will be requested in the fiscal year 2023/24 budget while the design will need to be initiated immediately; and
WHEREAS, a budget amendment in the amount of $171,700.00 for the design phase is requested; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize the City Manager to approve a Project Agreement with Red, Inc.
Architects for the 1921 Rockefeller Drive Tenant Improvement Project and authorizes the City Manager to approve a budget amendment to appropriate funds.
BE IT FURTHER RESOLVED the City of Ceres Finance Director is hereby authorized and directed to record the appropriate accounting entries.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 27
th day of February 2023, by the following vote:
ITEM 7
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_________________________________
Fallon Martin, City Clerk
ITEM 7
Exhibit A
Exhibit "A"
Budget Amendment No.
Fiscal Year 2022 - 2023
Reference Resolution No. 2023-24, dated February 27, 2023 authorizing the appropriation of funds for the 1921 Rockefeller Drive Tenant Improvement Project as follows:
Appropriations:
Fund Name Fund
No.
Dept.
No.
Object
No.
Appropriation
Amount
Capital Improvement
Projects
527 95 800500 $171,700.00
Rockefeller Drive campus
design (WTR2316)
Requested Appropriation $171,700.00
2022 - 2023 Current Appropriation $0.00
Total Appropriation $171,700.00
Estimated Revenues:
Fund Name Fund
No.
Type
No.
Object
No.
Estimated
Revenue Amt.
Total Estimated Revenue $0.00
2022 - 2023 Current Estimated Revenue $0.00
Total Estimated Revenue $0.00
Fiscal Impact:
ITEM 7
ITEM 7
{CW126176.3} PROJECT AGREEMENT NO. 8
BETWEEN CITY OF CERES AND
RED INC. ARCHITECTS
RED INC Architects – Professional Consultant (2022-23)
PROJECT AGREEMENT NO. 08
TO THE MASTER AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES FOR NON-FEDERAL PROJECTS: Traffic Engineering
Providing: General professional consulting services to assist in plan check review, traffic calming requests, and miscellaneous inquiries pertaining to traffic engineering at the location expressed in Exhibit A
Architectural Consultant Services
City of Ceres Public Works Water Division
1921 Rockefeller Drive Buildings Remodel
T
HIS PROJECT AGREEMENT (“Agreement”) is made this 27th day of February 2023, by and between the C ity of Cere s, a muni cipal corporation of the State of California (“ City”), whose address is 2220 Magnolia Street, Ceres, California 95307 and RED INC Architects, a professional consulting firm (“Consultant”), whose a ddress is 1217 J Street, Modesto, California 95354 (each individually a “ Party” and collectively the “ Parties”). There are no other p arties to this Agreement.
RE
CITALS
A. F ollowing a R equest for Qualifications ( “RFQ”) process to sel ect qualified professional consulting firms to p erform services for the Ci ty on an as needed basis for various engineering specialties, the Parties entered into a Master Agreement for Professional Consultant Services for Non-Federal Projects (“Master Agreement”) on July 01, 2019.
B. O
n June 14, 2021, the Ceres City Council (“City Council”) adopted Resolution No. 2021-49, which authorized the City Manager to execute an amendment to the Master Agreement for the pur pose of extending the Master Agreement’ s term u ntil June 30, 2023, and to limit the increase on Consultant hourly rates to eight percent (8%) (“Amendment”).
C. C
ity seeks to hire an independent contractor to perform architectural co nsultant services to assist the City with the 1921 Rockefeller Drive Buildings Remodel (the “Project”).
D. Cons
ultant has made a proposal to the City to provide such professional engineering services for the Project. A descri ption of the services Con sultant proposes to provide is included in the Scope of Services in Exhibit A (“Services”). City desires to retain Consultant to perform the Se rvices, subject to the terms and conditions set forth in this Agreement , the Master Agreement, and the Amendment.
ITEM 7
{CW126176.3} PROJECT AGREEMENT NO. 8
BETWEEN CITY OF CERES AND
RED INC. ARCHITECTS
E. T he Parties have outlined the s chedule or timeline for providing the Services (“Performance Schedule”), which shall be included in Scope of Services in Exhibit A.
F. T
he Parties have outlined the rates and method of payment to Consulta nt fo r its performance of the Services under this Agr eement ( “Compensation Schedule ”), whi ch shall be included in the Scope of Services in Exhibit A.
N
OW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:
AGREEMENT
Section 1. R ecitals. The recitals set forth above (“ Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the R ecitals and Section 1 through 14 of this Agreement, Sections 1 through 14 shall prevail.
S
ection 2. Term. The term of this Agreement shall stay in effect until the satisfactory completion of the Services as further described in Exhibit A.
Section 3. E
ffective Date. This Agreement shall only become effective once all of the Parties have executed the Agreement (“Effective Date”).
Section 4. Incorporation of Master Agreement. The Parties hereby incorporate all terms, conditions, and exhibits contained i n the Master Agreement and the Amendment, subject to the limitation that if there are any inconsistencie s between the terms of this Agreement and those contained in the Master Agreement and the Amendment, the terms of this Agreement shall prevail.
Section 5. S
ervices. Subject to the terms and conditions set forth in this Agree ment, Consultant shall provide City the Se rvices described in Exhibit A . Any request for Services not included in Exhibit A will be cons idered a request for additional or modified Services (“Modification” or “ Modifications”). Consultant shall not receive additional compensation for any Modification of the Services unless the Parties agree otherwise in a writing executed by both Parties.
ITEM 7
{CW126176.3} PROJECT AGREEMENT NO. 8
BETWEEN CITY OF CERES AND
RED INC. ARCHITECTS
Sect ion 6. Compensation. City shall pay Consultant according to the rates and timing set forth in the Compensation S chedule. City’s total compensation to Consultant shall not exceed One Hundred Seventy- One Th ousand dollars ( $171,500.00) (“Maximum Payment” ) unless the Parties mutually agree in writing otherwise.
Section 7. N
otice to Proceed. Consultant shall not c ommence the performance of the Services until it has been given notice by City in accordance with Section 9 of the Master Agreement (“Notice to Proceed”).
Section 8. Time of Performance. Consultant warrants that it will commence performance of the Services within thirty ( 30) calendar days of the Notice to Proceed, and shall conform to the Performance Schedule. The time of performance is a material term of this Agreement relied on by City in entering into this Agreement.
Section 9. Assurance of Perform ance. If, at any time , City believes Consultant may not be adequately performing its obligations under this Agreement or may fail to complete the Services as required by this Agreement, City may submit a written request to Consultant for written assurances of performance and a plan to correct observed deficiencies in Consultant's performance. Failure to provide written assurances subsequent to such written request, constitutes grounds to declare a breach under this Agreement.
Section 10. Liab ility of City. N otwithstanding any other provision of this Agreement, in no event shall City be liable, r egardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not lim ited to, lost p rofits or revenue, arising out of or in connection with this Agreement or the S ervices perform ed in connection with this Agreement.
Section 11. E
xhibits. A ll “Exhibits” referred to below or attached to herein are by this reference incorporated into this Agreement.
Exhibit Designation E
xhibit Title
Exhibit A: Scope of Services
Section 12. Notices. Any notice or communication required hereunder between City and Consultant must be in writing, and may be given either personally, by electronic mail ( “email”) (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice or communication sha ll be deemed to have been given when delivered to the Party to whom it is addressed. If given by email transmission, a notice or communication shall be deemed to have been given and received upon actua l receipt of the entire document by the receiving Party’s email server. Notices transmitted by email after 5:00 p.m. on a ITEM 7
{CW126176.3} PROJECT AGREEMENT NO. 8
BETWEEN CITY OF CERES AND
RED INC. ARCHITECTS
normal business day, or on a Saturday, Sunday or holiday, shall be deemed to have been given and received on the next normal business day. If given by registe red or certified mail, such n otice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days aft er a registered or certified l etter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:
If to City: City of Ceres
2220 Magnolia Street
Ceres, California, 95307
Attention: City Clerk
Tel: (209) 538-5611
[email protected]
With courtesy copies to: City of Ceres
2220 Magnolia Street
Ceres, California, 95307
Attention: City Engineer
Tel: (209) 538-5792
[email protected]
an
d White Brenner LLP
1414 K Street, 3rd Floor
Sacramento, California 95814
Attention: Nubia I. Goldstein, Esq.
Tel: (916) 468-0950
[email protected]
If to Consultant: R ED INC Architects
1217 J. Street
Modesto, California, 95354
Attention: Greg Pires
Te l: (209) 522-8900
[email protected]
Section 13. Modification/ Termination. No alteration, amendment, modification, or termination of this Agreement shall be valid unless made in writin g and executed by all of the Parties to this Agreement subject to the requirements set forth in the Master Agreement.
ITEM 7
{CW126176.3} PROJECT AGREEMENT NO. 8
BETWEEN CITY OF CERES AND
RED INC. ARCHITECTS
Section 14. General Provisions
14.1. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is cl aimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.
14.2. Assignment. No Party to this Agreement shall ass ign, trans fer, or otherwise dispose of this Agreement in whole or in part to any individual, firm, or corporation without the prior written consent of the other Party . Subject to the forgoing provisions, this Agreement shall be binding upon, and inure to t he benefit of, the respective successors and assigns of the Parties hereto.
14.3. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by the state or federal law in order to enter into the Agreem ent have been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.
14.4 Drafting and Ambiguities . Each Party acknowledges that it has reviewed this Agreement with its own lega l counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the re view and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting pa rty does not apply in interpreting this Agreement.
14.5. Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If a ny provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any provision of this A greement i s rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.
14.5. Counterparts. This Agreement may be executed simul taneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.
13.6. Entire Agreement . This Agreement, together with its specific references, attachments and exhibits, constitutes the entire agreement of the Parties with respect to the subject ITEM 7
{CW126176.3} PROJECT AGREEMENT NO. 8
BETWEEN CITY OF CERES AND
RED INC. ARCHITECTS
matters hereof, and supersedes any and all prior negotiations, understanding and agr eements with respect hereto, whether oral or written.
14.7. Supersedes Prior Agreement . I t is the intention of the Par ties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, or representations, whether written, electronic or oral, between the Parties with respect to the subject matter of this Agreement.
14.8. Mandatory and Permissi ve. “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.
14.9. Successors and Assigns. All rep resentations, covenants, and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of, any or all of the Parties hereto, shall be binding upon and inure to the benefit of such Party, its successors and assigns.
14.10. Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
14.11. Attorney’s Fees and Costs. If any action at law or in equity not resolved pursuant to Section 24 of this Agreemen t, including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate a ction brought for that purpose, in addition to any other relief to which such Party may be entitled.
14.12. Necessary Acts and Further Assurances . The Parties shall at their own cost and expense execute and deliver such further documents and instruments a nd shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.
14.13. Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.
[SIGNATURES ON FOLLOWING PAGE.]
ITEM 7
{CW126176.3} PROJECT AGREEMENT NO. 8
BETWEEN CITY OF CERES AND
RED INC. ARCHITECTS
IN WITNESS WHEREOF , the Parties have executed this Agreement on the dates indicated below.
Dated: ______________________, 2023
Dated: ______________________, 2023
CITY OF CER ES, a municipal
corporation
By_______________________________
Signature
Alex Terrazas, City
Manager
Name and Title
CONSULTANT
By_______________________________
Signature
Gr
eg Pires , AIA Principal Architect
Name and Title
APPROVED AS TO FORM
__________________________________
Nubia I. Goldstein, City Attorney
______________________
ITEM 7
ITEM 7
February 1, 2023
Client: Sam Royal, Public Works Director
City of Ceres
2220 Hackett Road
Ceres, CA 95307
Architect: Greg Pires / RED INC Architects
1217 J Street
Modesto CA 95354
209 - 522 - 8900
209 - 329- 6929
Project: City of Ceres Water Division
RED INC Architects is pleased to submit our fee proposal for the City of Ceres Water Division Relocation and Renovation Project Located at 1921 Rockefeller Drive, Ceres CA 95307.
PROJECT DESCRIPTION:
The project scope is to provide a design and construction documentation for a renovation to existing metal building structures for the relocation of the Water Division of the City of Ceres Public Works. The Feasibility study has been conducted and finalized with the new layout of the spaces for a major tenant improvement. The feasibility study final document will be the basis of design.
PROJECT TEAM:
Architecture: RED Inc Architects
Structural Engineering: Axiom Structural Engineers
Plumbing, Mechanical Engineering: Nexus Engineering
Electrical Engineering: Pezzoni Engineering
1. PROFESSIONAL SERVICES:
1.1. Design Development/Construction Documents: The feasibility study has been completed and this next phase will develop the final design and construction documentation of the two buildings . Design Development services build upon the initial design documents from the feasibility study phase. Design concepts are refined, and consulting engineers start the design of mechanical, electrical, structural and plumbing elements critical to the project. Construction Document services finalizes the entire design into a set of documents that will be used to identify the necessary details of the project for construction.
1.1.1. Professional Service Fee for Design Development/Construction Documents: $142,500.00
1.2. Bid Assistance: Bid Assistance services provides the interpretation of the construction documents as needed to answer bidding contractor(s) questions that may come up during the bidding phase of the project prior to award of construction contract.
1.2.1. Professional Service Fee for Bid Assistance: Hourly (estimate $5,000)
1.3. Construction Administration: We will assist the owner and contractor during construction in answering questions that may arise regarding the approved plans as well as reviewing submittals and issuing clarifications.
1.3.1. Professional Service Fee for Construction Administration: Hourly (estimate $24,000)
2. CLARIFICATIONS:
2.1. Other design or specialty consultants are excluded.
2.2. Inspection and other agency fees are excluded.
2.3. Hazardous material mitigation is not included in this proposal.
2.4. Signage design and signage permit is excluded.
ITEM 7
RED INC Architects
City of Ceres Water Division
1217 J. Street Modesto CA 95354 209.522.8900 www.redincarchitects.com Page 2 of 5
2.5. Fee is based on the information furnished by client to date and the scope of work defined herein. Changes or additions to scope may require additional fee. Additional services shall be billed hourly as needed.
2.6. Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect’s invoice.
Amounts unpaid (30) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (1.5% per month / 18% annual)
2.7. Record drawing of existing conditions are to be provided by owner.
2.8. Geotechnical, soils report, off-site improvements, and boundary survey are not part of this proposal.
2.9. Storm water pollution prevention plan and storm water quality measures report is not part of this proposal.
3. COMPENSATION FOR SERVICES:
3.1. Fees are due and payable in the amount and in accordance with the above referenced scope of services. Invoicing shall be on a monthly schedule and reflect that portion of the scope of services of which has been completed. All payments shall be due at receipt of invoice unless otherwise specified. Services that are billed as a fixed fee will be billed based on percent complete at the end of the monthly billing cycle. Services that are billed as an hourly fee will be billed per RED Inc Architects standard billing rates attached.
4. REIMBURSABLE EXPENSES:
4.1. Telephone communication is included.
4.2. Printing for client use and submittals will be billed at cost plus 10%.
4.3. Shipping will be billed at cost plus 10%.
4.4. Other costs necessary for consultants not included in this proposal, if approved by Owner prior to work completed, will be billed at cost plus 10%.
5. TERMS AND CONDITIONS:
5.1. Payments to Architect: Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect’s invoice. Amounts unpaid (30) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (1.5% per month / 18% annual) No deductions will be made from the Architect’s compensation on account of penalty, liquidated damages or other sums withheld from payments to Contractors, or on account of the cost of changes in the work other than those for which the Architect has been found liable. All invoices sent to client by architect under this contract shall be current at time of submittal to city / state.
5.2. Limitation of Liability: The Owner agrees to limit the Architect’s liability to the Owner and to all contractors and subcontractors on the project due to professional negligence, acts, errors and omissions of the Architect to the sum of $100,000 or the Architect’s fees, whichever is greater.
5.3. Governing Law: This Contract shall be construed in accordance with the laws of the State of California.
5.4. Client’s Responsibilities: Client shall provide full information regarding requirements for the project. Client shall establish and updated overall budget. Client shall furnish legal requirements for the construction.
5.5. Work Product Ownership: Any copyrightable works, ideas, discoveries, inventions, patents, products or other information (collectively the “work product”) developed in whole or in part by Architect in connection with the Services will be the exclusive property of Architect. The contract and/or the Architect’s services shall not be transferable, unless agreed upon by the Architect of Record.
5.6. Confidentiality: Architect and its employees, agents or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Architect, or divulge, disclose or communicate in any manner, any information that is proprietary to Client.
5.7. Indemnification: Client agrees to indemnify and hold Architect harmless from all claims, losses, expenses, fees including attorney fees, costs and judgments that may be asserted against Architect, employees, agents or representatives.
5.8. Warranty: Architect shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Architect’s community and region and will provide a standard of care equal to care used by architect’s similar to Architect on similar projects.
ITEM 7
RED INC Architects
City of Ceres Water Division
1217 J. Street Modesto CA 95354 209.522.8900 www.redincarchitects.com Page 3 of 5
5.9. Liability: To the maximum extent permitted by law, the Client agrees to limit the Consultants liability for the Clients damages to the sum of the Architect’s fee. This limitation shall apply regardless of the cause of action or legal theory pled or asserted.
5.10. Default: The occurrence of any of the following shall constitute a material default under this Contract:
5.10.1. The failure to make a required payment when due.
5.10.2. The insolvency or bankruptcy of either party.
5.10.3. The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
5.10.4. The failure to make available or deliver the Services in the time and manner provided for in this Contract.
5.11. Remedies: In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 30 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this contract.
5.12. Force Majeure: If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either part’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased.
5.13. Arbitration: Any controversies or disputes arising out of or relating to this Contract shall be resolved by binding arbitration in accordance with the then current Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Contract.
The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All document, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Contract or to award punitive damages. The arbitrator shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Contract.
5.14. Severability: If any provisions of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed and enforced as so limited.
5.15. Termination: This agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure of the other party to perform in accordance with the terms of this agreement.
5.15.1. This contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
5.15.2. Upon termination of contract all outstanding invoices are to be paid in full and 15% of the remaining contract amount.
5.15.3. Inactivity on any project exceeding 60 calendar days will be constituted as termination of this agreement and Client acknowledges that Architect will not be obligated to continue work under this agreement. In the event of termination due to inactivity, a new contract will have to be executed and agreed upon by both parties if additional work is required.
5.16. Waiver of Contractual Right: The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.
5.17. Ownership of Documents: All documents prepared by the Architect will remain the property of the Architect. Owner may obtain PDF copies of the documents for specific use of this project as defined in this proposal.
5.18. Expiration Clause: Terms, fees and conditions are valid for 30 days from the date of the proposal.
5.19. Social Media: RED Inc Architects reserves the right to use any and all pictures, renderings and the like for use on social media platforms for internal marketing.
ITEM 7
RED INC Architects
City of Ceres Water Division
1217 J. Street Modesto CA 95354 209.522.8900 www.redincarchitects.com Page 4 of 5
Should this proposal meet with your approval, please fill out the billing contact information and sign below:
Billing Should Be Sent To:
Name:__________________________________________ Email:__________________________________________ Mailing Address:_________________________________________________________________________________ Phone No.______________________________________ Client’s Project Number:___________________________
If there are special instructions regarding billing ( ie. Hard copy back up, supplemental invoices, etc.) please detail:
____________________________________________________________________________________________________ ____________________________________________________________________________________________________
Architect: Client:
Signature Signature
Greg Pires, C30314 Name:
June 7, 2022 Date:
ITEM 7
RED INC Architects
City of Ceres Water Division
1217 J. Street Modesto CA 95354 209.522.8900 www.redincarchitects.com Page 5 of 5
2023 HOURLY FEE SCHEDULE (Exhibit A)
The following fees are presently in effect for professional services available from our firm:
ARCHITECTURAL SERVICES
Principal Architect $190.00 Per Hour
Senior Project Manager $140.00 Per Hour
Project Manager $125.00 Per Hour
Job Captain $110.00 Per Hour
Project Designer $100.00 Per Hour
Project Draftsman $90.00 Per Hour
Project Administrator $80.00 Per Hour
OTHER
Reimbursables Direct Cost + 10%
Auto Travel Per Current IRS Rate
ITEM 7
ITEM 7
ITEM 7
ITEM 7
ITEM 7
CONFERENCE/EOC
18X22
AND CONSERVATION STORAGEAND CONSERVATION STORAGE
LAB AND
CONSERVATION
STORAGE
20X18
ITEM 7
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ITEM 7
ITEM 7
RESOLUTION NO. 2018-052
RESOLUTION APPROVING FEDERAL AND LOCAL RETAINER
CONSULTANT SERVICES AGREEMENTS FOR GENERAL ENGINEERING,
TRAFFIC ENGINEERING, MATERIAL TESTING AND ARCHITECTURAL
SERVICES FOR A ONE YEAR EXTENSION, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENTS .
THE CITY COUNCIL
City of Ceres, California
WHEREAS, the City of Ceres requires the services of General Engineering, Traffic Engineering, Material Testing, Architectural; and,
WHEREAS, in order to respond to project needs more quickly and efficiently, having Professional Consulting Services on a retainer basis is desired; and, WHEREAS, responses to a Request for Proposals for Professional Consulting Services were received on June 1 0, 2016; and,
WHEREAS , on the basis of the Proposals received , lnterwest Consulting, O'Dell Engineering, GDR Engineering, Blackwater Engineering , Omni Means Engineers & Planners, Mott Macdonald, Fehr & Peers, ENGEO, CTE, Pacific Design Associates, Architecture Plus and Pires Lipoma & Navarro Architects, are the most qualified firms to provide Professional Consulting Services ; and
WHEREAS, the City of Ceres desires to extend the term of the existing Master Agreements until June 30, 2019; and,
WHEREAS, The City Engineer will negotiate with the particular consultants the scope of services of individual project and amend the Retainer Consultant Services Agreement to include the project specific details.
NOW, THEREFORE , IT IS HEREBY RESOLVED by the City Council of the City of Ceres that a one year extension to the Retainer Consultant Services for General Engineering Services to the firms of lnterwest Consulting, O'Dell Engineering, GDR Engineering, Blackwater Engineering, Omni Means Engineers & Planners, Mott Macdonald , Fehr & Peers, ENGEO, CTE, Pacific Design Associates , Architecture Plus and Pires Lipoma & Navarro Architects through June 30, 2019, and does further authorize and direct the City manager to finalize and execute the amendment with each of the firms .
BE IT FURTHER RESOLVED by the City Council of the City of Ceres that the City Engineer is authorized to amend the Agreement(s) to add scopes of work for individual projects for projects already included in the City Budget.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 29th day of May, 2018, by the following vote:
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A YES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
Diane Nayares
City Clerk
Reso. No. 2018-052
Durossette, Kline, Lane, Ryno, MayorVterra
None
None
Chris Vierra, Mayor
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