CITY OF CORNING
CITY COUNCIL
CLOSED SESSION AGENDA
TUESDAY, NOVEMBER 25, 2025
CITY COUNCIL CHAMBERS
794 THIRD STREET
A. CALL TO ORDER: 4:45 p.m.
B. ROLL CALL:
Council: Dave Demo, Chuy Valerio, Shelly Hargens, and Lisa Lomeli Mayor: Robert Snow
The Brown Act requires that the Council provide the opportunity for people in the audience to briefly address the Council on the subject(s) scheduled for tonight’s closed session. Is there anyone wanting to comment on the subject(s) the Council will be discussing in closed session? If so, please come to the podium, identify yourself and give us your comments.
C. PUBLIC COMMENTS:
D. REGULAR AGENDA:
1. Public Employment (§ 54957)
-Title: City Manager
2. Liability Claims (worker's compensation) (Section 54956.95) -Claimant: Dan Redding
E. ADJOURN TO REGULARLY SCHEDULED CITY COUNCIL MEETING AND REPORT ON CLOSED SESSION:
CITY OF CORNING
CITY COUNCIL
REGULAR MEETING AGENDA
TUESDAY, NOVEMBER 25, 2025
CITY COUNCIL CHAMBERS
794 THIRD STREET
This is an Equal Opportunity Program. Discrimination is prohibited by Federal Law. Complaints of discrimination may be filed with the Secretary of Agriculture, Washington, D.C. 20250.
In compliance with the Americans with Disabilities Act and Title VI. If you need special assistance or translation services to participate in this meeting, please contact the City Clerk’s Office at (530) 824-7033 or via email at [email protected]. Notification in advance of the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting.
A. CALL TO ORDER: 5:30 p.m.
B. ROLL CALL:
Council: Dave Demo, Chuy Valerio, Shelly Hargens, and Lisa Lomeli Mayor: Robert Snow
C. PLEDGE OF ALLEGIANCE: Led by the City Manager.
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER D. INVOCATION: Led by Councilor Hargens.
E. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, PRESENTATIONS:
1. Proclamation: Honoring the 2025 Corning Lions Football Program & the 8U team as the 2025 SYF Super Bowl Champions. Present to accept are Coach Rogers and members of the 8U team.
F. PUBLIC COMMENTS AND BUSINESS FROM THE FLOOR: If there is anyone in the audience wishing to speak on items not already set on the agenda, please come to the podium, and briefly identify the matter. To ensure that all members of the public have an equal opportunity to address the City Council, public comments during the designated comment period will be limited to three (3) minutes per speaker. Council will then determine if such matter will be placed on the agenda for this meeting, scheduled for a subsequent meeting, or recommend other appropriate action.
G. CONSENT AGENDA: It is recommended that items listed on the Consent Agenda be acted on simultaneously unless a Councilmember or members of the audience request separate discussion and/or action.
1. Waive reading, except by title, of any Ordinance under consideration at this meeting for either introduction or passage, per Government Code Section 36934.
2. Waive the reading and approve the Minutes of the November 11, 2025, Closed Session and Regular City Council Meeting with any necessary corrections.
3. November 20, 2025, Claim Warrant in the amount of $ 141,226.85
4. November 20, 2025, Business License Report
5. Adoption of Ordinance No. 716, an Ordinance updating building codes for the City of Corning (2nd reading)
H. ITEMS REMOVED FROM THE CONSENT AGENDA:
I. PUBLIC HEARINGS AND MEETINGS: None
J. REGULAR AGENDA:
1. Request for Council direction on temporary closure of West Street for construction laydown area (January – December 2026).
2. Authorize the Public Works Department to declare equipment surplus and dispose of the items in the best interest of the city.
3. Adopt Resolution No. 11-25-205-01, accepting the 2025/26 California Citizen’s Options for Public Safety (COPS) grant.
4. Adopt Resolution No. 11-25-2025-02 accepting a portion of the California Citizen’s Options for Public Safety (COPS) grant overage.
5. Approve the award of the contract for Asbestos Abatement, demolition, and site clean up at 1518 Marin Street to Walberg Inc. in the amount of $23, 334.
K. ITEMS PLACED ON THE AGENDA FROM THE FLOOR:
L. COMMUNICATIONS, CORRESPONDENCE, AND INFORMATION:
M. REPORTS FROM MAYOR AND COUNCIL MEMBERS: City Councilmembers will report on attendance at conferences/meetings reimbursed at City expense (Requirement of Assembly Bill 1234).
N. ADJOURNMENT:
Posted: Friday, November 21, 2025
Item: E-1
PROCLAMATION
HONORING THE 2025 CORNING LIONS FOOTBALL PROGRAM &
THE 8U TEAM 2025 SYF SUPER BOWL CHAMPIONS
WHEREAS, Corning has a long and proud tradition of football excellence; and WHEREAS, the Corning Lions Youth Football program achieved an extraordinary milestone during the 2025 season, earning a clean sweep in the Sacramento Valley League (SVL) with all four age divisions 8U, 10U, 12U, and 14U claiming their respective SVL Division Championships; and
WHEREAS, all four teams advanced to the SYF Super Bowl in Galt, California, proudly representing the City of Corning with honor and distinction; and WHEREAS, the 8U team completed an undefeated 13–0 season, outscoring their opponents by an extraordinary margin of 477–40 points, showcasing their unmatched skill, determination, and commitment to excellence; and
WHEREAS, the 8U Corning Lions demonstrated exceptional perseverance, discipline, and teamwork in a hard-fought championship game, securing victory with a final score of 24–22 and earning the title of SYF Super Bowl Champions; and
WHEREAS, these young athletes have represented Corning, California with pride, integrity, and exemplary character bringing honor to their community; and WHEREAS, the Corning City Council is pleased and proud to honor the athletes for their success, dedication, sportsmanship, and for being a fine example of American youth; and NOW, THEREFORE, the City of Corning hereby congratulates and celebrates the Corning Youth Football Program and the 8U Corning Lions Football Team, along with its outstanding coaches, cheer squad, and fans on their 2025 SYF Super Bowl Championship. Go Lions! IN WITNESS WHEREOF, I have hereunto set my
hand and caused the Great Seal of the City of
Corning to be affixed this 25th day of November
2025.
______________________________
Robert Snow, Mayor
ATTEST:
_______________________________
Rubi Ordaz, City Clerk
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER
CITY OF CORNING
CITY COUNCIL
CLOSED SESSION MINUTES
TUESDAY, NOVEMBER 11, 2025
CITY COUNCIL CHAMBERS
794 THIRD STREET
A. CALL TO ORDER:
The meeting was called to order by Mayor Snow at 4:45 pm.
B. ROLL CALL:
Councilmembers present:
Dave Demo
Shelly Hargens
Jose “Chuy” Valerio
Lisa Lomeli
Mayor- Robert Snow
Absent: None
Staff present: City Manager-Brant Mesker
City Attorney- Collin Bogener
Assistant Finance DirectorKhrysite Shoemaker
The Brown Act requires that the Council provide the opportunity for people in the audience to briefly address the Council on the subject(s) scheduled for tonight’s closed session. Is there anyone wanting to comment on the subject(s) the Council will be discussing in closed session? If so, please come to the podium, identify yourself and give us your comments.
C. PUBLIC COMMENTS:
D. REGULAR AGENDA:
1. Conference with labor negotiator pursuant to section 54957.6:
Agency Negotiator: Sophia R. Meyer, Labor Relations Consultant Bargaining Units: Management, Public Safety, Dispatcher, and Miscellaneous E. ADJOURN TO REGULARLY SCHEDULED CITY COUNCIL MEETING AND REPORT ON CLOSED SESSION:
The closed session was adjourned at 5:24pm. Mayor Snow reported there were no reportable action and gave directions to staff.
Item: G-2
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER
CITY OF CORNING
CITY COUNCIL
REGULAR MEETING MINUTES
TUESDAY, NOVEMBER 11, 2025
CITY COUNCIL CHAMBERS
794 THIRD STREET
A. CALL TO ORDER:
The meeting was called to order by Mayor Snow at 5:30pm.
B. ROLL CALL:
Councilmembers present:
Dave Demo
Shelly Hargens
Jose “Chuy” Valerio
Lisa Lomeli
Mayor- Robert Snow
Absent: None
Staff present: City Manager-Brant Mesker
City Attorney- Collin Bogener
City Clerk Rubi Ordaz
Public Works Director Eli Stanley
City Engineer-Robin Kampmann
Planner/Rec. CoordinatorChristina Meeds
Building OfficialBenjamin Mierzwak
C. PLEDGE OF ALLEGIANCE: Led by the City Manager.
D. INVOCATION: Led by Councilor Hargens.
E. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, PRESENTATIONS:
Recognition: Halloween House Decorating Contest winners. • 457 Stanmar- Best Over all
• 250 Eller Dr- Best Quality
• 1262 Fig Lane- Most Creative
Christina Meeds presented a certificate to the contest winners for the House Decorating Contest.
F. PUBLIC COMMENTS AND BUSINESS FROM THE FLOOR:
Brooke Smith- Presented a Certificate of Appreciation from the Corning Senior Center in appreciation of the city’s collaboration with their program.
Tom Tomlinson-Thanked the community that participated in the blood drive. Also, CVFD served about 130 hot dogs to the Veteran’s for the annual Veteran’s lunch. They held it at the Fire Hall due to the Veteran’s Hall not being available.
Brant Mesker- Well drilling will start soon with 24 hour noise. They do have noise wall barriers, but they could possibly still be heard. Also, the Fripp valves will be replaced tomorrow night.
Item: G-2
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER Mayor Snow mentioned that all of Corning’s Corning Lions Football teams made it to the Super Bowl Championship, but only 8u came home with a win. Congratulated them and recognized their hard work.
G. CONSENT AGENDA: It is recommended that items listed on the Consent Agenda be acted on simultaneously unless a Councilmember or members of the audience request separate discussion and/or action.
1. Waive reading, except by title, of any Ordinance under consideration at this meeting for either introduction or passage, per Government Code Section 36934.
2. Waive the reading and approve the Minutes of the October 28, 2025, Closed Session and Regular City Council Meeting with any necessary corrections.
3. November 5, 2025, Claim Warrant in the amount of $ 234,484.69
4. November 5, 2025, Business License Report
5. October 2025 Treasurer’s Report
6. October 2025 Wages & Salaries: $664,110.64
7. October 2025 Building Permit Valuation Report in the amount of $ 164,496.
8. October 2025 City of Corning Wastewater Operations Summary Report.
Councilor Valerio moved to approve consent items 1-8; Councilor Hargens seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens, Lomeli
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
H. ITEMS REMOVED FROM THE CONSENT AGENDA: None
I. PUBLIC HEARINGS AND MEETINGS: None
J. REGULAR AGENDA:
1. Approve first amendment to the Airport Fixed Base Operator (FBO) Lease Agreement with Tony Cutter DBA Cutterbilt Aero Services Presented by City Manager, Brant Mesker. The City Council previously approved a 5-year Fixed Base Operator Lease Agreement with Cutterbilt Aero Services, including the option for three additional 5-year extensions with 60-day advance written notice. The agreement originally required the tenant to complete $20,000 in annual improvements. The tenant is requesting to amend the contract to lower this requirement to $15,000 per year. The proposed amendment includes a one-time settlement payment of $22,253.50 due in August 2026 to cover past shortfalls, followed by $15,000 annually for the remaining term of the lease.
Councilor Hargens moved to approve the first amendment to the Fixed Base Operator Lease Agreement with Tony Cutter dba Cutterbilt Aero Services.; Councilor Valerio seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens, Lomeli
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
2. Informational presentation regarding the pool schedule and operations and consider pool user fee increase.
Presented by Recreation Coordinator, Christina Meeds. Staff recommend updating pool fees, operations, and schedules at the Northside Park Pool to help offset rising costs and improve community access. Fees haven’t been raised since 2016 despite increased wages and maintenance expenses. A comparison with nearby cities supports the proposed fee adjustments. Staff also propose a new 2026 trial schedule to expand program offerings and are considering a seasonal stipend for an existing employee to manage daily pool operations due to ongoing turnover in the pool manager position.
Item: G-2
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER Councilor Hargens asked about extending the season, and Christina clarified that it would be brought back to Council for approval as long as they had enough staff to operate it.
Mayor Snow was not in favor of increasing the daily fee. He would like to see the pool be utilized more often, so he would recommend decreasing the fee to draw more swimmers.
Councilor Snow moved to approve the revised pool fees as shown in the attachment and noted discussion during the meeting to be effective January 1, 2026 ; Councilor Hargens seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens, Lomeli
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
3. Adopt Resolution No. 11-11-2025-01 approving a Rural Fire Capacity Assistance (RFC) Agreement in the amount of $7,875 with CAL FIRE, and authorize the City Manager to sign the agreement.
Presented by Fire Chief Tomlinson. The Corning Fire Department has been awarded a $7,875 CAL FIRE RFC grant to help purchase radios, wildland fire shelters, a vehicle charger, helmets, and goggles totaling $15,750. The grant requires a 50% match, which the City budgeted for in the 2025/2026 Safety Item/Fire Fund. Adoption of the attached Resolution is needed to approve the agreement with CAL FIRE and authorize the City Manager to execute it and any amendments.
Councilor Demo moved to adopt Resolution No. 11-11-2025-01 approving Agreement No. 7gf25031 between the City of Corning and the California Department of Forestry and Fire Protection; and, authorize the City Manager to sign and execute the agreement and any amendments on behalf of the City of Corning; and, approve the expenditure of the budgeted $7,875.00 from fund 001-6552-2300 for the grant matching fund criteria; Councilor Valerio seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens, Lomeli
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
4. Introduce Ordinance No. 716, an Ordinance updating Building Codes for the City of Corning
Presented by Building Official, Benjamin Mierzwak. The proposed Ordinance adopts the 2025 California Building Standards Code to keep Corning’s construction regulations aligned with current statewide safety, design, and energy standards. No local amendments are recommended due to recent legislation restricting modifications to residential building standards.
The 2025 Code covering building, residential, fire, energy, electrical, plumbing, mechanical, and green building standards takes effect January 1, 2026, and must be adopted by local jurisdictions within 180 days. Adoption ensures consistency with state law, prevents code conflicts, and maintains up to date construction requirements.
Councilor Hargens moved to Introduce Ordinance No. 716 (first reading), an Ordinance adopting by reference the 2025 California Building Standards Code (Title 24, California Code of Regulations); and waive reading of full Ordinance and direct the City Clerk to read by title only; Councilor Demo seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens, Lomeli
Absent: None
Item: G-2
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
5. Approve agreement with Lamb Unlimited General Engineering for the Toomes and Loleta rehabilitation project in the amount of $441,957 Presented by Public Works Director, Eli Stanley. The City received eight bids for the Toomes and Loleta Rehabilitation Project, which includes pavement rehabilitation and striping along Toomes Avenue and Loleta Avenue. After review, Lamon Construction and Lamb Unlimited General Engineering were found to be responsive bidders. Although Lamb’s bid of $441,957 is slightly higher than Lamon’s, the City’s 5% local preference makes Lamb the lowest evaluated bidder. Staff recommends awarding the contract to Lamb Unlimited General Engineering. Only $400,000 was budgeted for the project, staff also request authorization to use Measure A funds to increase the budget by $47,831 to fully fund the project and related costs.
Councilor Demo moved to allocate an additional $47,831.00 of Measure A monies to fully fund the road project; and approve agreement with Lamb Unlimited General Engineering for the Toomes and Loleta Rehabilitation Project in the amount of $441,957.00; Councilor Valerio seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens, Lomeli
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
6. Approve the amendment to the agreement with COAR Design Group to revise the method of payment to an hourly rate for the construction support and closeout phase of the City Plaza Recreation Center Project.
Presented by City Manager, Brant Mesker. Staff request approval of an amendment to the City’s agreement with COAR Design Group for the City Plaza Recreation Center Project. The amendment changes payment for the Construction Support and Close-Out phases from a lump sum to an hourly rate to accommodate additional work needed to revise plans for compliance with Build America, Buy America (BABA) requirements tied to newly awarded CDBG funding.
COAR will complete about $27,800 in additional revisions, but the overall contract amount remains unchanged at $898,000. The amendment adjusts the payment method only and stays within the existing budget.
Councilor Hargens moved to approve the amendment to the agreement with coar design group to revise the method of payment to an hourly rate for the construction support and close-out phases of the city plaza recreation center project and authorize the city manager to execute the amendment and any related documents; Councilor Valerio seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens, Lomeli
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
7. Approve agreement with Larry Walker Associates, for the City of Corning report of waste discharge services in the amount of $23,284.
Presented by City Engineer, Robin Kampann. The State Water Boards require the City to submit a Report of Waste Discharge (ROWD) by May 30, 2026 to maintain compliance and support renewal of the City’s NPDES permit, which expires in 2027. Staff obtained three bids for preparing the ROWD, and Larry Walker Associates was identified as the lowest responsive bidder at $23,284. Because the project is under $60,000, the City may procure it via quotes. The Item: G-2
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER work will be funded through the WWTP Professional Services budget line, which has sufficient funds allocated in FY 2025/26.
Councilor Demo moved to approve agreement and authorize the City Manager to sign a contract with Larry Walker Associates, as the lowest responsible bidder for the City of Corning, report of waste discharge services in the amount of $23,284.00; Councilor Valerio seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens, Lomeli
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
8. Adopt Resolution No. 11-11-2025-02 authorizing the City Manager to sign required project documents for application and acceptance of state matching grant funds for the Municipal Airport Improvement Program.
Presented by City Engineer, Robin Kampann. The City is eligible to receive State of California Aeronautics matching grant funds to help cover its local share of the FAA-funded Runway 17/35 Rehabilitation Project, which includes pavement repairs and marking improvements. These state funds available for the first time in several years will offset the City’s required 5% match for the FAA grant previously approved by Council on September 25, 2025. The grant will reduce project costs to the City with no General Fund impact, as funding will come through the State’s California Airport Assistance Program.
Councilor Demo moved to adopt Resolution 11-11-2025-02 authorizing the City Manager to sign required project documents for application and acceptance of state matching grant funds for the municipal airport improvement program; Councilor Hargens seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens, Lomeli
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
K. ITEMS PLACED ON THE AGENDA FROM THE FLOOR: None
L. COMMUNICATIONS, CORRESPONDENCE, AND INFORMATION: None M. REPORTS FROM MAYOR AND COUNCIL MEMBERS:
Demo: Attended a Senior Center Meeting. They have a lot of holiday events coming up.
Lomeli: No meetings.
Valerio: The Hometown Christmas Parade will be on December 6th with a Sweet Treat theme. $35 entry fee.
Most attended parade. Walk the block from 4-7.
Hargens: No meetings.
Snow: No meetings but keep an eye out for Volunteer Firefighters selling raffle tickets for the Christmas program fundraiser.
N. ADJOURNMENT:
The meeting was adjourned at 6:23pm by Mayor Snow.
Attest:
______________________________
Rubi Ordaz, City Clerk
Item: G-2
Walberg Inc.
California Contractor’s License Number: 898860
6041 Highway 99W, Corning, CA 96021 Telephone: (530) 824-0773 Fax: (530) 824-5887 Initial_______
Proposal
1. GENERAL INFORMATION
Bid To: City of Corning
Project Title: Demo 1518 Marin St.
Bid Date: 4/16/2025
2. BID SCOPE OF WORK:
• Demo structures and remove from site, grade site flat when complete, we have not included fence removal, just everything inside on lot.
Total cost $13,809.00
• Remove asbestos materials from structure.
Total cost $9,525.00
3. BID EXCLUSIONS: Unless expressly included under paragraph 2 (Bid Scope of Work) above, the following items of work are expressly excluded under this Proposal:
a. Permits, permit fees, bond or bond fees, and/or approvals which are, or may be, required by any local, state, or federal agency or department.
b. More than one mobilization of the project by Walberg. c. Potholing, pre-excavation testing or locating, relocation of utilities or other obstructions, or the coordination of Walberg’s work with any other person, persons, entity, or entities including, without limitation, utility companies. d. The removal and/or disposal of hazardous materials and/or substances and/or products including, but not limited to asbestos, lead, petroleum and/or hydrocarbon substances, and/or products and/or materials which contain asbestos, lead, petroleum, and/or hydrocarbon substances.
e. Any clearing, grubbing, landscape repair, landscape replacement, sprinkler repair, sprinkler replacement, concrete repair, concrete replacement, and/or tree removal. (Unless otherwise stated in the above scope of work.) f. Staking, compaction testing, inspections, engineering, erosion control, or SWPPP preparation, controls, or implementation.
g. Design, engineering, and testing.
h. Excavation, blasting, removal, or off-haul of any rock or other materials that cannot be reasonably excavated, in Walberg’s sole discretion, with a Cat 420 backhoe.
i. Trench or excavation dewatering.
j. Any work not specified in this Proposal or expressly incorporated by reference in a duly signed extra work order or contract change order.
k. Unusable trench spoils are to be deposited at trench side. l. Walberg Inc. will not be held responsible for any unmarked utilities. Any repairs will be an additional cost. m. This proposal is based on the use of native materials for backfill of the excavation and does not include the import of backfill materials. If the native materials are not suitable for backfill, the purchase and importation of materials suitable for backfill shall be paid by the Contracting Party.
n. No work shall be performed in wet or unfavorable conditions.
Walberg Inc.
California Contractor’s License Number: 898860
6041 Highway 99W, Corning, CA 96021 Telephone: (530) 824-0773 Fax: (530) 824-5887 Initial_______
4. CONDITIONS OF BID
a. This Proposal sets forth the terms and conditions under which Walberg Inc., a California corporation (“Walberg”) proposes to perform the work described under paragraph 2, above (the “Work”), which is subject to the exclusions set forth under paragraph 3, above.
b. This Proposal shall be attached to, and incorporated into, the form of agreement (the “Agreement”) between Walberg and the party to which this Proposal is submitted (the “Contracting Party”) and acceptance of all or any part of this Proposal by the Contracting Party constitutes acceptance of the terms and conditions set forth in this Proposal by the Contracting Party. If this Proposal is signed by the Contracting Party, this Proposal shall be the agreement between the Contracting Party and Walberg for the performance of the Work.
c. Notwithstanding any term covenant or condition set forth in the Agreement, if any, to the contrary, the parties agree that this Proposal sets forth the controlling terms and conditions under which Walberg and the Contracting Party agree that Walberg will perform the work described in this Proposal. d. Walberg will be paid monthly progress payments on or before the tenth (10th) day of each month for the value of work completed, plus the amount of materials and equipment suitably stored on or off site prior to the twenty-fifth (25th) day of the previous month. Final payment of sums due under this Proposal, including the cost of changed or extra work and retention, shall be due thirty (30) days after the Work is substantially completed. All sums not paid when due shall bear interest at the rate of one and one-half percent (1½%) per month, or the applicable statutory rate or maximum legal rate permitted by law, whichever is more.
e. No more retention shall be withheld from Walberg than is being withheld by the owner of the Project (the “Owner”) with respect to Work being performed by Walberg.
f. No provision set forth in any one or all of the Agreement, the plans and specifications, or documents incorporated into the project documents by reference, shall (a) void Walberg’s entitlement to payment for properly performed work or suitably stored materials, (b) require Walberg to continue performance if timely payments are not made to Walberg for suitably performed work or stored materials, (c) void Walberg’s right to record a mechanics’ lien (claim of lien) or claim on its behalf in the event that any payment to Walberg is not timely paid, or (d) condition payment to Walberg upon receipt of payment by the Contracting Party from any other source of payment.
g. No back charges or claims by the Contracting Party against Walberg shall be valid except by an agreement in writing signed by Walberg before such work is performed. In the event such charges or claims arise out of Walberg’s performance of the Work, the Contracting Party shall notify Walberg, in writing, of such failure and allow Walberg seventy-two (72) hours to commence the correction of any deficiency, and sufficient time thereafter to complete said deficiency, before incurring any costs chargeable to Walberg.
h. The Contracting Party shall prepare all areas of the project as requested by Walberg so that Walberg may perform the Work. Walberg will not be called upon to start performance of the Work until sufficient areas are prepared in a manner that insures continued work. The Contracting Party shall furnish all temporary site facilities including suitable storage space, hoisting, temporary electrical, and water for the performance of the Work at no cost to Walberg. i. Walberg shall be given a reasonable time after approval of Walberg’s shop drawings and submittals in which to make delivery of materials and/or labor to commence and complete the Work. The Contracting Party agrees to incorporate Walberg’s calculated times of performance into the Contracting Party’s schedule for the work of the project. Walberg shall not be held to perform under any project schedule to which Walberg has not agreed in writing. Walberg not be responsible for delays or defaults where occasioned by any causes of any kind and extend beyond its control, including but not limited to delays caused by the owner, general contractor, architect, and/or engineers, delays in transportation, shortage of raw materials, civil disorders, labor difficulties, vendor allocations, fires, floods, accidents and acts of God.
Walberg Inc.
California Contractor’s License Number: 898860
6041 Highway 99W, Corning, CA 96021 Telephone: (530) 824-0773 Fax: (530) 824-5887 Initial_______
j. Walberg shall be entitled to the equitable adjustment (the “equitable adjustment”) in the contract price and contract time (compensable time extensions) for additional costs or time arising out of (a) extra or changed work performed by Walberg on or in connection with the Work, (b) differing site conditions, (c) unanticipated project delays, or (d) acceleration caused by others whose acts are not Walberg’s responsibility. The failure of the Contracting Party to provide Walberg a signed written order before Walberg commences the performance of any work to which it is entitled an equitable adjustment shall not constitute a waiver by Walberg of its entitlement to receive payment therefore and, by directing Walberg to perform such work, the Contracting Party agrees to equitably adjust the contract price and contract time to compensate Walberg. The Contracting Party shall make no demand for, or withhold any amount of money on account of, liquidated damages against Walberg, unless agreed by Walberg in writing.
k. Walberg’s Work is warranted for a period of one (1) year from the date on which the Work is substantially completed or the use of all or any portion thereof by the Contacting Party or the Contracting Party’s successor in interest or assign, whichever is earlier. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. As to Work performed by Walberg, a defect in which is proven to be the sole responsibility of Walberg, the Contracting Party’s exclusive remedy shall be that Walberg will replace or repair any part of its own Work that is found to be defective, and no other work, whether attached to, built upon, or adjacent to the Work. Walberg shall not be responsible for damage or defect caused by abuse, modifications performed by someone other than Walberg, improper or insufficient maintenance, improper operation, or normal wear, tear and usage.
l. The Work is to be performed during Walberg’s regular working hours. All work performed outside of such hours shall be charged for at rates or amounts agreed upon by the parties at the time overtime is authorized and before Walberg is obligated to perform such work.
m. The Contracting Party shall purchase and maintain all risk-insurance upon the full value of the entire Work, materials delivered to the site of the Work, and equipment stored on the site of the Work, which insurance shall include the interests of Walberg. As a condition precedent to Walberg’s obligation to commence or perform the Work, the Contracting Party shall provide Walberg a certificate of insurance for said insurance, naming Walberg as an additional insured. If the Contracting Party fails or refuses to provide said insurance or name Walberg as an additional insured (after demand by Walberg), Walberg is hereby authorized to obtain said insurance protecting Walberg’s interests and the cost and expense of said insurance shall be paid by the Contracting Party.
n. To the extent allowed under California law, Walberg shall indemnify and hold harmless the Contracting Party from damages only to the extent such damages were caused by any negligent act or omission of Walberg or anyone for whose acts Walberg is liable. The Contracting Party shall indemnify and hold harmless Walberg from damages to the extent such damages were caused by any negligent act or omission of the Contracting Party or anyone for whose acts the Contracting Party is liable. o. If any legal action or proceeding arising out of or relating to the Work under this Proposal or under any Agreement for the performance of the Work is brought by either the Contracting Party or Walberg, the prevailing party will be entitled to receive from the other party, in addition to any other relief that may be granted, its attorney’s fees, expert’s fees, which may be awarded both as an element of damages and under any applicable statute, costs of suit, and other expenses incurred in the action or proceeding by the prevailing party.
p. In the event of an increase in the cost of any materials to be incorporated into the Work or used in the performance of the Work including, without limitation, construction materials and/or fuel, increases by more than five (5) percent over the amount included in Walberg’s bid, the difference between the bid amount and the actual cost paid by Walberg for said materials shall be paid to Walberg as an equitable adjustment in the contract price.
q. This Proposal may be withdrawn by Walberg if not accepted by the Contracting Party with thirty (30) days of the date on which this Proposal is signed by Walberg.
r. This document supersedes all other contract documents.
Walberg Inc.
California Contractor’s License Number: 898860
6041 Highway 99W, Corning, CA 96021 Telephone: (530) 824-0773 Fax: (530) 824-5887 Initial_______
CONTRACTING PARTY
________________________________________
(Company Name, Entity)
Dated: ____________
________________________________________
(Signature)
_______________________________________
(Print Name)
WALBERG, INC., a California corporation
Dated: ____________ ________________________________________ RAYMOND B. WALBERG, Vice President
AGREEMENT
THIS AGREEMENT IS MADE AND ENTERED INTO as of this day of by and between the City of Corning, a Municipal Corporation, hereinafter referred to as “City”, and Walberg Inc., hereinafter referred to as “Contractor”. It is hereby agreed by and between the parties that Contractor shall abate asbestos material from the structure, demolish the existing structure and remove it from the site, and grade the site on behalf of the City, as hereinafter more particularly described hereafter.
1. CONTRACTOR’S OBLIGATION:
a. Contractor shall abate asbestos material from the structure, demolish the existing structure and remove it from the site, and grade the site on behalf of the City as specified in the Contractors proposal herby referenced as Exhibit A. All work shall be completed safely, in a professional and workmanlike manner, using approved materials and methods. The City reserves unto itself the right to reject any or all performance hereunder and to require follow-up services to the City’s satisfaction and without further compensation.
b. Contractor shall, during the term of this Contract, maintain a valid City of Corning Business License.
2. COMPENSATION / TERM
For those services outlined above.
a. hereto the City shall pay to Contractor the not to exceed amount of $23,334.00 unless terminated under Section 3.
b. City will pay Contractor, upon completion of the project. However, should performance not be satisfactory as determined by the Public Works Director, as hereinafter specified, the City may retain and use such funds as the Public Works Director deems appropriate for purposes of ensuring proper performance and/or hiring other general engineering companies to complete to the City’s satisfaction the contract.
3. TERMINATION:
Should contractor fail to perform satisfactorily as herein set forth, City reserves to itself the right to cancel any remaining portion of said contract upon thirty days written notice to Contractor, by notice in writing provided to Contractor at his usual place of business. Should Contractor breach any of the terms and conditions of this contract, or violate any laws, especially those relative to negligent behavior that puts the public at risk, the City reserves unto itself the right to direct Contractor to immediately cease performance and then terminate this contract thereafter, upon thirty days written notice, and pay contractor such amounts as he may then be entitled to on a pro-rata basis (pro-rated according to amount of work satisfactorily completed).
4. PAYMENTS:
The acceptance of the final payment by the Contractor shall constitute a waiver of all claims by them.
5. SUSPENSION OF WORK:
The Public Works Director shall have authority to suspend the work wholly or in part for such period as he may deem necessary to investigate complaints regarding improper or unsafe use of equipment.
6. AUTHORITY OF DIRECTOR OF PUBLIC WORKS:
The Public Works Director shall be the City’s representative in deciding any and all questions that may arise as to the quality or acceptability of the work performed, all questions that arise as to the acceptable fulfillment of the contract on the part of the Contractor, and all questions as to claims and compensation. The City Manager also is authorized to act as the City’s representative at any time with respect to this agreement. Contractor is an independent contractor; therefore the City will not be supervising the work performed or directing Contractor how to do his work but will be expecting the Contractor to perform all work agreed upon in a safe and professional manner according to the terms of this agreement.
7. LAWS TO BE OBSERVED:
The Contractor shall keep themself fully informed of all State, Federal and Municipal Ordinances and/or regulations of the City of Corning which in any manner affect those engaged in or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor must comply with all provisions of the Immigration Reform and Control Act and of the California Labor Code which includes the requirements of the prevailing wage laws and the obligation to register with the Department of Industrial Relations.
8. LABOR DISCRIMINATION:
No discrimination shall be made in the employment of persons in this project because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex of such persons. Violation of this section shall subject Contractor to penalties referenced in Section 1735 of the Labor Code.
9. RESPONSIBILITY FOR DAMAGES:
Neither the City of Corning, the City Council, nor the City Staff, shall be responsible or accountable in any manner for any loss or damage that may happen during the work or any part thereof; or for any materials or equipment used in performing the work; or for injury or damage to any person or persons, either workers or the public; or for damage to adjoining property from any cause whatsoever.
LIABILITY INSURANCE:
The Contractor shall secure and maintain in full force and effect, during the term of this agreement and for one year thereafter, a valid comprehensive public liability and property damage insurance policy listing the City as additional insured in the following amounts:
a. $2,000,000.00 for death or injury to any person arising out of any incident or accident; b. $50,000.00 for property damage arising out of any one incident or accident.
10. WORKMAN’S COMPENSATION INSURANCE:
Contractor at all times shall keep fully insured, at his own expense, all persons employed by them in connection with this Agreement as required by Workman’s Compensation and Insurance (California Labor Code Section 3200 et seq.), and shall hold the City free and harmless from all liabilities that may arise by reason of the injuries to any of the employees of the Contractor who are injured while performing at work any labor necessary to carry out the provisions of this agreement.
11. CERTIFICATION OF INSURANCE AND CANCELLATION THEREOF:
The Contractor shall keep on file with the City a Certificate of Insurance duly executed by the Contractor’s insurance carrier or carriers, which shall serve as evidence of the continued existence of said insurance policies. The Contractor’s insurance carriers shall be required to give the City thirty (30) days written notice prior to the cancellation of the Contractor’s Insurance.
12. INDEMNITY, DEFENSE AND HOLD HARMLESS:
The Contractor shall indemnify, defend and save harmless the City of Corning, the City Council, and the City Staff from any suits, claims, liability, loss, damages, fines, penalties, settlements or actions brought by any person or entity for, or on account of, any injuries or damage arising from, or related to in any way, the work performed, or not performed, as set forth in this contract no matter how removed. The City may retain so much of the money due the Contractor as shall be considered necessary until disposition has been made of such suits or claims for damages as aforesaid.
Any defense obligation arising from this contract requires retention of qualified legal counsel of no less than five years of experience in the area of contract litigation.
13. ACCIDENTS:
The Contractor shall provide at the site of the project such equipment and medical facilities as are necessary to supply first aid service to anyone who may be injured in connection with the work.
The Contractor must promptly report in writing to the city all accidents whatsoever arising out of, or in connection with the performance of the work, whether on or adjacent to the job site, which caused death, personal injury, or property damages, giving full details and statements of witnesses. In addition, if death or serious injuries or serious damages are caused, the accident shall be reported to the City immediately by telephone or messenger.
14. SAFETY:
In accordance with generally accepted practices, the Contractor will be solely and completely responsible for the conditions of the job site(s), including safety of all persons and property during the performance of the work. This requirement will apply continuously and not be limited to normal working hours.
15. CONTRACTOR AGREEMENT:
Contractor agrees to perform the services between the hours of 7:00 a.m. and 7:00 p.m., on any business day.
16. NON-EMPLOYEE STATUS:
Contractor agrees and affirms that nothing in this agreement causes or creates an employer/employee relationship between City and Contractor.
CERTIFICATION
CITY:
BY: ______________________________ DATED_______________________
CITY MANAGER
CONTRACTOR
BY: ______________________________ DATED_______________________ Contractor