AGENDA
CITY OF GUSTINE
CITY COUNCIL
COUNCIL CHAMBERS, CITY HALL
352 5I STREET GUSTINE, CALIFORNIA
JULY 2, 2024 - 6:30 P.M.
The Council Chambers are open and in-person attendance is encouraged.
As a convenience, the City will be retaining the virtual component of public meetings for optional attendance with the use of an online meeting room.
Log-in and dial-in information is as follows:
https://meet.goto.com/898144317
or via telephone by dialing (872) 240-3311, access code: 898-144-317 Feedback and noise will be muted by the meeting organizer.
Please note, in the event of a technical issue causing a disruption in the call-in option or internetbased option, the meeting will continue unless otherwise required by law, such as when a Council Member is attending the meeting virtually pursuant to certain provisions of the Brown Act.
CALL TO ORDER - PLEDGE OF ALLEGIANCE
Please take a moment to silence your cell phones.
ROLL CALL
Council Members: Giles- Marsigli - Bonta -Mayor Pro Tern Ford-Mayor Nagy
APPROVAL OF AGENDA
At this time, any member of the City Council or staff may advise of any updates to the order of, or changes to, the agenda as published.
Any requested changes or edits shall be offered in the form of a motion by any City Council member, requiring a second, and followed by a 3/5 vote of approval by the Council.
DECLARATIONS OF CONFLICT OF INTEREST
At this time, any member of the City Council may declare their conflict of interest or their abstention from any item listed on, or within, the agenda.
PUBLIC COMMENT
At this time, any person may comment on any item, which is not on the agenda. PLEASE STATE YOUR NAME FOR THE RECORD. Action will not be taken on the topic unless deemed an urgency matter by a 3/5 vote of the City Council. Topics not considered an urgency matter may be referred to City staff and/or placed on a subsequent agenda for consideration, by a 3/5 vote of the City Council.
Members of the public, who have questions or comments regarding a specific agenda item, may comment on that item before consideration of that item, when recognized by the Mayor.
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered routine and may be approved by one action of the City Council, unless any member of the City Council wishes to remove an item for separate consideration.
Are there any items on the consent calendar that any member of the public would like to comment on?
1. Minutes of the June 18, 2024 Regular Meeting
Recommendation: Review and approve
/continued)
2. Warrants
Recommendation: Review and ratify
3. Approve Request from Gustine Pentecost Society for Use of City Streets, and Services for Annual Celebration Event
Recommendation: Review and approve request
4. Approve Request for Use of Streets, and Allowance of Mobile Food Vendors for City National Night Out Event
Recommendation: Review and approve request
5. Approve Resolution Adopting Updated Paid Sick Leave Policy for Part-Time, Temporary, and Seasonal Employees
Recommendation: Review and approve resolution
6. Approve First Amendment to Contract Employment Agreement for Public Works Utilities Project Consultant and Authorize City Manager to Execute Amendment Recommendation: Review and approve first amendment and authorize City Manager to execute amendment
7. Approve Resolution Adopting Gustine Employee Salary Schedule Recommendation: Review and approve resolution
8. Approve Resolution Appointing City Manager Pro Tempore Recommendation: Review and approve resolution
9. INFORMATIONAL UPDATE: San Joaquin Valley Air Pollution Control District Vehicle Grant
Recommendation: Review and file
ADMINISTRATIVE AGENDA
10. Consider Resolution Authorizing City Manager to Enter into Agreement with Earth Systems Inc. for Contract On-Call Geotechnical Engineering Services
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to approve resolution
11. Consider Resolution Authorizing City Manager to Execute Contract Amendment with Capitol Advocacy Partners
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to approve resolution
12. Consider Resolution Authorizing Expenditure for Two Police Vehicles and Authorizing City Manager to Execute Purchase Contract
1. Receive Staff Report
2. Receive Public Comment
3. Consider a motion to approve resolution
CITY DEPARTMENT REPORTS
CITY MANAGER REPORT
CITY ATTORNEY REPORT
CITY COUNCIL REPORTS
CLOSED SESSION
ADJOURNMENT
(continued)
Note:
1. 2.
In compliance with the Americans with Disabilities Act, a disabled person requesting a disability-related modification or accommodation to participate in this meeting, must contact City Hall at (209) 854-6471 or {209) 854-2127 {fax). Requests must be made as early as possible, preferably one-full business day before the start of the meeting.
Any document provided to a majority of the City Council regarding any open session item on this agenda is available for public inspection during normal business hours at the front counter of City Hall located at 352 5m» Street, Gustine, CA. Documents or writings received after the general distribution of the agenda are also available for inspection.
CERTIFICATION
I, Melanie Correa, Deputy City Clerk, do hereby declare under penalty of perjury that the foregoing agenda was posted at tl Gustine City Hall, 352 5 Street, Gustine CA and made available for public review on this 27 day of June, 2024, at 500 p.-m.
MINUTES OF
REGULAR MEETING
June 18, 2024
CALL TO ORDER - PLEDGE OF ALLEGIANCE
Mayor Pro Tern Ford called the meeting to order at 6:31 P.M. and conducted the pledge of allegiance.
ROLL CALL
Council Members: Giles - Marsigli - Bonta - Mayor Pro Tern Ford Staff present: City Manager Soknirorn Than, Associate Attorney Kyler Rayden, Recreation Manager Tiffany Vitorino, Acting Police Chief Sammy Joseph, Finance Director Jenny Morrison, Public Works Director Gary Ingram, Economic & Community Development Director Jami Westervelt and Administrative Services Director Melanie Correa
Mayor Nagy was absent.
APPROVAL OF AGENDA
Council member Bonta made a motion to approve the agenda.
The motion was seconded by Council member Marsigli and carried 4-0, with Mayor Nagy absent.
DECLARATIONS OF CONFLICT OF INTEREST
Council member Giles advised of his abstention from the warrant in his name.
Council member Marsigli advised of her abstention from the warrant in her name.
PUBLIC COMMENT
Abby Pendleton, on behalf of Assembly Member Juan Alanis, provided a legislative update on bills passed by the Committee.
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered routine and may be approved by one action of the City Council, unless any member of the City Council wishes to remove an item for separate consideration.
Are there any items on the consent calendar that any member of the public would like to comment on?
1. Minutes of the June 4, 2024 Regular Meeting
Recommendation: Review and approve
2. Minute of the June 4, 2024 Special Meeting
Recommendation: Review and approve
3. Warrants
Recommendation: Review and ratify
4. Treasurer's Report - May 2024
Recommendation: Review and file
5. Approve Resolution Establishing Appropriations Limit and Certifying the Population Estimate for FY 2024/2025
Recommendation: Review and approve resolution
6. Approve Resolution Confirming the 2.5% User Utility Tax for FY 2024/2025 Recommendation: Review and approve resolution
Mayor Pro Tern Ford introduced the consent calendar.
There was no public comment.
Council member Marsigli advised of a revision to consent calendar item #l referencing that payroll expenses are to be removed from the UUT transfer.
Council member Marsigli made a motion to approve the consent calendar, as amended.
The motion was seconded by Council member Giles and carried 4-0, with Mayor Nagy absent and Council members Marsigli and Giles abstaining from their respective warrants.
ADMINISTRATIVE AGENDA
7. Consider Resolution Authorizing City Manager to Enter Into Separate Agreements with Three Firms for Contract On-Call Planning Services
1. Receive Staff Report
2. Receive public comment
3. Consider a motion to approve resolution
Economic & Community Development Director Westervelt presented the staff report, and introduced Kelsey George, Senior Planner, 4Creeks.
There was no public comment.
Council member Marsigli inquired the amount for each agreement, to which Economic & Community Development Director Westervelt advised each firm submitted their rates, which will be included and memorialized in each agreement.
Council member Bonta inquired whether there was any potential downfall with having agreements with three firms, to which Economic & Community Development Director Westervelt advised there wasn't any anticipated downfall, as in the event one firm is unable to provide services these agreements give the City flexibility to work with one of the other firms.
City Manager Than advised of additional language in the agreements limiting each contract to a $200K maximum per year.
Council member Marsigli inquired whether 4Creeks has experience with small towns, to which Ms. George affirmed and provided an overview of her experience.
Ms. George expressed excitement to start with the City.
Council member Bonta made a motion to authorize City Manager to enter into separate agreements with three firms for contract On-Call Planning Services.
The motion was seconded by Council member Giles and carried 4-0, with Mayor Nagy absent.
8. PUBLIC HEARING: Consider Adoption of City's Financial Budget for FY 2024/2025
1. Receive Staff Report
2. Open the public hearing
3. Receive the public comment
4. Close the public hearing
5. Consider a motion to adopt the City's 2024/2025 Financial Budget Finance Director Morrison presented the staff report.
Mayor Pro Tern Ford opened the public hearing at 6:51 P.M.
There was no public comment.
The public hearing was closed at 6:52 P.M.
Council member Marsigli thanked City Manager Than and staff for going over the budget with her on Monday.
She provided an overview of her conversation with City Manager Than in regards to payroll coming out of the UUT fund.
City Manager Than advised historically the UUT fund covered salary expenses in the Pool, Recreation and Goman Center funds.
Council member Marsigli inquired the amount for the Police SUV's, to which City Manager Than advised the vehicles were $80K including outfitting expenses.
Council member Marsigli inquired the amount going to General Fund reserve, to which Finance Director Morrison advised 5% ($136K) is budgeted towards reserves.
Council member Marsigli inquired whether the new positions are going to be contracted or union, to which City Manager Than advised there will be a mix of both.
Council member Marsigli expressed confusion on why the UUT summary shows a budget of $6K, to which City Manager Than advised it is showing an expenditure of $324K for the transfer out to the General Fund.
Council member Bonta made a motion to adopt the City's 2024/2025 financial budget.
The motion was seconded by Council member Giles and carried 4-0, with Mayor Nagy absent.
CITY DEPARTMENT REPORTS
Acting Police Chief Joseph updated on the department's attendance at the graduation ceremonies last week. He advised of the department's preparation for the 4t of July celebration and GPS Festa. He further advised of ongoing training and work with City Manager Than and Administrative Services Director Correa on upcoming recruitments. He reported on a burglary at Tip Top Farms. He provided details on traffic enforcement on the truck route and advised of including additional signage for the truck detour.
There was further conversation in regards to the signage for the truck detour.
Public Works Director Ingram advised Henry Miller Park sprinkler system has been automated. He advised of the department's assistance to the CalTrans sidewalk project to encourage expedited continuance. He relayed the departments work in picking up fallen tree limbs throughout the City.
Council member Bonta commented on the appearance of the walking path and asked for assistance from the department in addressing the issue.
Public Works Director Ingram advised the automated sprinklers will free up time for the department to focus on other areas in need of assistance.
Council member Marsigli inquired when the egrets will leave, to which Public Works Director Ingram advised they leave between September and October and further advised the tree limbs will be removed once the egrets are gone.
Council member Bonta suggested researching netting the park trees as a deterrence.
Recreation Manager Vitorino updated on the onboarding of the Lifeguards. She informed Council that 4 of July week will be a light week in regards to swim lessons to accommodate Lifeguard intensive training. She advised the memorial trees have been ordered and should be installed this week. She informed Council the Color Run event has been postponed to the fall due to the shortage in sponsorships. She advised of the upcoming Movie Night event on Thursday and a Pop-Up Pool event on Sunday June
30. She advised preparations for the 4 of July celebration are ongoing and updated on vendors that will be in attendance. She relayed Gustine 4-H will be attending Newman Farmer's Market to solicit firework show donations. She reminded everyone of the Westside Auto Club Linguica Run on July 13m.
Council member Bonta inquired the process in painting the bottom of the pool, to which Recreation Manager Vitorino advised it is actually the exterior curb that will be painted not the bottom of the pool.
She informed Council of the changes to the 4 of July Parade route.
Economic & Community Development Director Westervelt thanked Council for approving the on-call planning services contracts.
She advised environmental clearance for the congressional directed funding broadband project has been granted and a contract from USDA should be received in the coming weeks. She advised the Katakis Subdivision project is progressing. She informed everyone the Multi-Jurisdictional Housing Element comment period has closed and advised the City Council and Planning Commission will have a special joint meeting on June 26t to review the comments.
Council member Giles inquired whether Comcast or Unwired is targeting sections of the City, to which Economic & Community Development Director Westervelt advised Comcast is looking into to have a phased in approach to which Unwired, per agreement, requires them to do the entire City.
Council member Bonta inquired if the Gustine Unified School District project is planned in tandem with the City's broadband project, to which Economic & Community Development Director Westervelt advised the district's project has already started.
Council member Bonta commented on communication issues with the broadband projects.
City Manager Than advised of the encroachment permit requirements for the contractor to contact every impacted property owners five working days before the work begins. He further advised notifications should be in-person or by door hanger if no one is home.
Economic & Community Development Director Westervelt encouraged residents and businesses to contact the City with any issues.
Finance Director Morrison thanked Council for adopting the 2024/2025 financial budget.
Administrative Services Director Correa advised of the abundance of public records requests received by the City Clerks department. She advised of the open Police Officer recruitment and stated other recruitments will be rolled out be end of week. She informed Council of the upcoming County-wide City Clerks meeting next week to discuss the election process. She advised next week City Manager Than or herself will be attending the Risk Management Authority Board meeting in Fresno.
Council member Giles inquired the timeline mandates for records requests, to which Administrative Services Director Correa advised initial response is due within 10 calendar days and from there the City can request additional deadlines dependent on the details of the request.
CITY ATTORNEY REPORT
Associate Attorney Rayden expressed pleasure to be in attendance and advised of the Professional Service Agreements he is currently working on for the City.
CITY MANAGER REPORT
City Manager Than reiterated thanks to Council for adopting the 2024/2025 financial budget. He advised the next steps will be to implement the budget and the continued collaboration between departments. He informed Council staff will bring a mid-year budget to Council in December or January. He expressed appreciation to Mayor Nagy for outreach to City of Merced for the sweeper. He advised process improvements are forthcoming and stated the importance of updating City systems. City Manager Than further advised the City will attend the first County-wide Roundtable Quarterly meeting to look at Economic Development on Friday.
Council member Marsigli advised City Manager Than will be providing a breakdown of sales tax generation from each business, to which City Manager Than advised the City will have to go to a third party to obtain the information.
Council member Bonta asked for the City to make sure Westside is represented appropriately in quarterly Economic Development meetings.
Council member Bonta inquired whether funds have been received from the newspaper, to which City Manager Than advised information will come to Council at a future meeting.
CITY COUNCIL REPORTS
Council member Giles advised that he had nothing to report.
Council member Marsigli thanked staff for collaboration and transparency.
Council member Bonta advised that he had nothing to report.
Mayor Pro Tern Ford inquired an update on firework donations, to which Recreation Manager Vitorino advised she will provide an update at the next meeting.
ADJOURNMENT
Mayor Pro Tern Ford adjourned the meeting at 7:39 P.M.
City of Gustine, CA Warrant List
By Vendor Name
Post Dates 06/19/2024 - 07/02/2024
Payable Number
144.00
144.00
144.00
Description (Item) Amount
PH - NOTICE OF BUDGET
ADOPTION 2024-2025
Fund 001- GENERAL FUND Total:
Vendor 209 MULTIMEDIA CORPORATION Total:
Post Date
06/30/2024
Vendor Name
Vendor: 209 MULTIMEDIA CORPORATION
Fund: 001 - GENERAL FUND
209 MULTIMEDIA CORPOR 370466
Vendor: ACE HARDWARE OF GUSTINE
Fund: O01 - GENERAL FUND
ACE HARDWARE OF GUSTI 572033 06/30/2024
ACE HARDWARE OF GUSTI 572036 06/30/2024
ACE HARDWARE OF GUSTI 572080 06/30/2024
ACE HARDWARE OF GUSTI 572379 06/30/2024
ACE HARDWARE OF GUSTI 572490 06/30/2024
ACE HARDWARE OF GUSTI 572496 06/30/2024
ACE HARDWARE OF GUSTI 572510 06/30/2024
ACE HARDWARE OF GUSTI 572566 06/30/2024
ACE HARDWARE OF GUSTI 572567 06/30/2024
ACE HARDWARE OF GUSTI 572723 06/30/2024
ACE HARDWARE OF GUSTI 572943 06/30/2024
ACE HARDWARE OF GUSTI 573033 06/30/2024
ACE HARDWARE OF GUSTI 573084 06/30/2024
ACE HARDWARE OF GUSTI 573124 06/30/2024
ACE HARDWARE OF GUSTI 573197 06/30/2024
ACE HARDWARE OF GUSTI 573202 06/30/2024
ACE HARDWARE OF GUSTI 573230 06/30/2024
ACE HARDWARE OF GUSTI 573242 06/30/2024
Fund: 016 - SWIM POOL FUND
ACE HARDWARE OF GUSTI 572893 06/30/2024
ACE HARDWARE OF GUSTI 572972 06/30/2024
ACE HARDWARE OF GUSTI 573150 06/30/2024
ACE HARDWARE OF GU5TI 573639 06/30/2024
PW JAMERO PARK 112.92
IRRIGATION AUTOMATION
HARDWARE
PW JAMERO PARK 37.20
IRRIGATION AUTOMATION
HARDWARE
PW JAMERO PARK 15.32
IRRIGATION AUTOMATION
HARDWARE
PW TRUFUEL 29.22
PW JANITORIAL SUPPLIES 8.60
PW PARKS REPAIR TOOLS 10.80
PW DEPT OP SUPPLIES- 9.73
ZIP TIES
PW JANITORIAL SUPPLIES 5.35
PW TRUFUEL 30.30
PW BATTERIES FOR TIMER 43.28
PW IRRIGATION FITTINGS 3.02
PW FLEX SEALER FOR 17.31
HYDRAULIC FLUID
RESERVOIR
PW IRRIGATION FITTINGS 38.95
PW IRRIGATION FITTINGS 58.33
PW SHOP SUPPLIES 7.56
PW SHOP HARDWARE 4.97
PW SPRAY PAINT FOR 12.97
TRAILER
PW HENRY MILLER 104.92
IRRIGATION REPAIR
SUPPLIES
Fund 001 • GENERAL FUND Total: 550.75
PW HARDWARE FOR 91.93
POOLS REPAIRS
PW HARDWARE FOR POOL 5.19
REPAIRS
PW DUPLICATE KEY FOR 215
POOL
AQUATIC CENTER 49.26
OPERATING SUPPLIESPAINT
Fund 016 -SWIM POOL FUND Total: 148.53
Warrant List Post Dates: 06/19/2024 - 07/02/2024
Vendor Name Payable Number Post Date Description (Item) Amount Fund: 017 -CITY WIDE LIGHTING & LAND
ACE HARDWARE OF GUSTI 572033 06/30/2024 PW JAMERO PARK 112.93
IRRIGATION AUTOMATION
HARDWARE
ACE HARDWARE OF GUSTI 572036 06/30/2024 PW JAMERO PARK 37.19
IRRIGATION AUTOMATION
HARDWARE
ACE HARDWARE OF GUSTI 572080 06/30/2024 PW JAMERO PARK lS.31
IRRIGATION AUTOMATION
HARDWARE
ACE HARDWARE OF GUSTI 572170 06/30/2024 PW TRASH CANS FOR 120.13 PARKS
ACE HARDWARE OF GUSTI 572985 06/30/2024 PW BATHROOM STALL 9.30
DOOR REPAIR HARDWARE
Fund 017- CITY WIDE LIGHTING & LAND Total: 294.86
Fund: 059 - STORM DRAIN
ACE HARDWARE OF GUSTI 572490 06/30/2024 PW JANITORIAL SUPPLIES 6.88 ACE HARDWARE OF GUSTI 572566 06/30/2024 PW JANITORIAL SUPPLIES 4.28 Fund 059 - STORM DRAIN Total: 11.16
Fund: 060 - WATER FUND
ACE HARDWARE OF GUSTI 572151 06/30/2024 PW AC FILTER FOR WELL# 14.27 ACE HARDWARE OF GUSTI 572490 06/30/2024 PW JANITORIAL SUPPLIES 18.92 ACE HARDWARE OF GUSTI 572566 06/30/2024 PW JANITORIAL SUPPLIES 11.78 ACE HARDWARE OF GUSTI 572594 06/30/2024 PW WELL #5&6 OP 53.39
SUPPLIES
ACE HARDWARE OF GUSTI 573096 06/30/2024 PW TORCH FOR FITTINGS 71.42 Fund 060 - WATER FUND Total: 169.78
Fund: 061-SEWER FUND
ACE HARDWARE OF GUSTI 570309 06/30/2024 PW DEPT OP SUPPLIES 19.66 ACE HARDWARE OF GUSTI 572380 06/30/2024 PW MASKING TAPE 8.22 ACE HARDWARE OF GUSTI 572490 06/30/2024 PW JANITORIAL SUPPLIES 22.94 ACE HARDWARE OF GUSTI 572566 06/30/2024 PW JANITORIAL SUPPLIES 14.28 ACE HARDWARE OF GUSTI 573360 06/30/2024 PW DEPT OP SUPPLIES- 10.81
CUT OFF WHEELS
Fund 061- SEWER FUND Total: 75.91
Fund: 062 - REFUSE
ACE HARDWARE OF GUSTI 572479 06/30/2024 WWTP TOOLS AND 54.08
SUPPLIES
Fund 062 - REFUSE Total: 54.08
Vendor ACE HARDWARE OF GUSTINE Total: 1,305.07
Vendor: AGEE CONSTRUCTION CORPORATION
Fund: 020 - CMAQ
AGEE CONSTRUCTION CO NO. 2 06/30/2024 33/140 ROUNDABOUT 149,751.33 PROJECT 05/01/24-
05/31/24
Fund 020 - CMAQ Total: 149,751.33
Fund: 200 - REGIONAL MEASURE V
AGEE CONSTRUCTION CO NO. 2 06/30/2024 33/140 ROUNDABOUT 19,401.87 PROIECT 05/01/24-
05/31/24
Fund 200 - REGIONAL MEASURE V Total: 19,401.87
Vendor AGEE CONSTRUCTION CORPORATION Total: 169,153.20
Warrant List Post Dates: 06/19/2024 - 07/02/2024
Vendor Name Payable Number Post Date Description (Item) Amount Vendor: ALLIED WEED CONTROL, INC
Fund: 061- SEWER FUND
ALLIED WEED CONTROL, I 2387 06/30/2024 TULE TREATMENT AT 3,250.00
WWTP AND CHLORINE
CHAMBER AREA
Fund 061- SEWER FUND Total: 3,250.00
Vendor ALLIED WEED CONTROL, INC Total: 3,250.00
Vendor: AMAZON CAPITAL SERVICES, INC.
Fund: 001 - GENERAL FUND
AMAZON CAPITAL SERVICE 1MME-4967-CXMI 06/30/2024 JAMERO PARK IRRIGATION 63.87 TIMER
AMAZON CAPITAL SERVICE 1Y1D-R46H-GXV4 06/30/2024 PW SAFETY GEAR AND 102.27
OPERATING SUPPLIES
AMAZON CAPITAL SERVICE 11RR-JVWN-K3KH 06/30/2024 FIN OFFICE SUPPLIES- 27.05
SCANNERS
AMAZON CAPITAL SERVICE 11RR-JVWN-K3KH 06/30/2024 FIN OFFICE SUPPLIES- 27.05
SCANNERS
AMAZON CAPITAL SERVICE 11RR-JVWN-K3KH 06/30/2024 FIN OFFICE SUPPLIES - 27.05
SCANNERS
AMAZON CAPITAL SERVICE 11RR-JVWN-K3KH 06/30/2024 FIN OFFICE SUPPLIES- 27.05
SCANNERS
AMAZON CAPITAL SERVICE 11RR-IVWN-K3KH 06/30/2024 FIN OFFICE SUPPLIES- 27.05
SCANNERS
AMAZON CAPITAL SERVICE 1CTW-W3X4-7M96 06/30/2024 CITY CLERK/HR DEPT 183.89
OPERATING SUPPLIES
AMAZON CAPITAL SERVICE 1H66-DWWQ-PFWR 06/30/2024 DEPT HEAD NAME PLATES 81.10 -CHAMBER
AMAZON CAPITAL SERVICE 1J6R-YTKX-33T4 06/30/2024 COUNCIL OPERATING 29.19
SUPPLIES- NAME PLATE
HOLDER
AMAZON CAPITAL SERVICE 1M9N-6KV4-XYCK 06/30/2024 CITY MANAGER TABLES 1,190.85
AND CHAIRS
AMAZON CAPITAL SERVICE 1N4K-F1JX-9DIM 06/30/2024 COUNCIL CHAMBER 58.56
ADDT'L MIC STANDS
AMAZON CAPITAL SERVICE 1P04-MK7K-VW1P 06/30/2024 HR/CITY CLERK DEPT OP 78.69
SUPPLIES
AMAZON CAPITAL SERVICE 10vx-QP70-4NC9 06/30/2024 FIN OFFICE SUPPLIES - 4.70 BINDER
AMAZON CAPITAL SERVICE 10Vx-0P70-4NC9 06/30/2024 FIN OFFICE SUPPLIES - 4.70 BINDER
AMAZON CAPITAL SERVICE 10vX-QP70-4NC9 06/30/2024 FIN OFFICE SUPPLIES - 4.70 BINDER
AMAZON CAPITAL SERVICE 10Vx-0P70-4NC9 06/30/2024 FIN OFFICE SUPPLIES- 4.70 BINDER
AMAZON CAPITAL SERVICE 1Qvx-0P70-4NC9 06/30/2024 FIN OFFICE SUPPLIES- 4.70 BINDER
AMAZON CAPITAL SERVICE 1RRY-73FM-43X3 06/30/2024 HR/CLERK DEPT 151.54 OPERATING SUPPLIESTONER
Fund 001- GENERAL FUND Total Z,098.71
Fund: 010-GAS TAX 2105 FUND
AMAZON CAPITAL SERVICE 1VFD-NFKQ-9P4M 06/30/2024 PW ROAD SIGNS 90.82 Fund 010 - GAS TAX 2105 FUND Total: 90.82
Fund: 016- SWIM POOL FUND
AMAZON CAPITAL SERVICE 14HT-P7YM-KPDQ 06/30/2024 AQUATIC CENTER 687.91
OPERATING SUPPLIES
Warrant List Post Dates: 06/19/2024 - 07/02/2024
Vendor Name Payable Number Post Date Description (Item) Amount AMAZON CAPITAL SERVICE 1DNC-GKX9-FvQW 06/30/2024 AQUATIC CENTER 14.73
OPERATING SUPPLIES -
NAME BADGES
AMAZON CAPITAL SERVICE 1JP)-CK34-J1FY 06/30/2024 AQUATIC CENTER 299.77
OPERATING SUPPLIES
AMAZON CAPITAL SERVICE 1RFH-YDWN-HHGK 06/30/2024 AQUATIC CENTER 133.35
OPERATING SUPPLIES -
TABLE CLOTHS
AMAZON CAPITAL SERVICE 1RFH-YDWN-HHGK 06/30/2024 AQUATIC CENTER 133.35
OPERATING SUPPLIES -
TABLE CLOTHS
AMAZON CAPITAL SERVICE 1TJR-MXQ-1HH9 06/30/2024 AQUATIC CENTER - 47.93
OPERATING SUPPLIES IPAD
CASE
AMAZON CAPITAL SERVICE 1XHM-PQHQ-7WPJ 06/30/2024 AQUATIC CENTER 85.28
OPERATING SUPPLIES
Fund 016 - SWIM POOL FUND Total: 1,402.32
Fund: 017- CITY WIDE LIGHTING & LAND
AMAZON CAPITAL SERVICE 1MMF 4967-CXMJ 06/30/2024 JAMERO PARK IRRIGATION 63.87 TIMER
AMAZON CAPITAL SERVICE 1RT3-7WKG-CV7D 06/30/2024 PW BASKETBALL NET AND 44.59
WATER OP
SUPPLIES/EQUIPMENT
Fund 017-CITY WIDE LIGHTING & LAND Total: 108.46
Fund: 019 - RECREATION FUND
AMAZON CAPITAL SERVICE 11RR-JVWN-K3KH 06/30/2024 FIN OFFICE SUPPLIES- 67.64
SCANNERS
AMAZON CAPITAL SERVICE 10vx-0P70-4NC9 06/30/2024 FIN OFFICE SUPPLIES- 11.76 BINDER
Fund 019 - RECREATION FUND Total: 79.40
Fund: 047 - FIREWORKS
AMAZON CAPITAL SERVICE 1CWN-M7MV-6CDV 06/30/2024 REC MISS GUSTINE 348.81
SUPPLIES - PARADE
DECORATIONS
AMAZON CAPITAL SERVICE 1MY7-NVMQ-9MR6 06/30/2024 REC 4TH OF JULY -137.00
OPERATING SUPPLIES -
DECORATION
Fund 047 - FIREWORKS Total: 211.81
Fund: 060 - WATER FUND
AMAZON CAPITAL SERVICE 1RT3-7WKG-CV7D 06/30/2024 PW BASKETBALL NET AND 401.27
WATER OP
SUPPLIES/EQUIPMENT
AMAZON CAPITAL SERVICE 1Y1D-R46H-GXV4 06/30/2024 PW SAFETY GEAR AND 102.25
OPERATING SUPPLIES
AMAZON CAPITAL SERVICE 11RR-JVWN-K3KH 06/30/2024 FIN OFFICE SUPPLIES- 67.65
SCANNERS
AMAZON CAPITAL SERVICE 10vx-0P70-4NC9 06/30/2024 FIN OFFICE SUPPLIES - 11.78 BINDER
Fund 060 - WATER FUND Total: 582.95
Fund: 061 - SEWER FUND
AMAZON CAPITAL SERVICE 1YD-R46-GXV4 06/30/2024 PW SAFETY GEAR AND 102.25
OPERATING SUPPLIES
AMAZON CAPITAL SERVICF 11RR-JVWN-K3KH 06/30/2024 F
1 N OFFICE SUPPLIES- 67.64
SCANNERS
Warrant List Post Dates: 06/19/2024 - 07/02/2024
Vendor Name Payable Number Post Date Description {Item) Amount AMAZON CAPITAL SERVICE 10vx-QP70-4NC9 06/30/2024 FIN OFFICE SUPPLIES- 11.76 BINDER
Fund 061 - SEWER FUND Total: 181.65
Fund: 062 - REFUSE
AMAZON CAPITAL SERVICE 1Y1D-R46H-GXV4 06/30/2024 PW SAFETY GEAR AND 102.25
OPERATING SUPPLIES
Fund 062 - REFUSE Total: 102.25
Fund: 063 - AIRPORT FUND
AMAZON CAPITAL SERVICE 1Y10-R46H-GXV4 06/30/2024 PW SAFETY GEAR AND 102.25
OPERATING SUPPLIES
Fund 063 - AIRPORT FUND Total: 102.25
Vendor AMAZON CAPITAL SERVICES, INC. Total: 4,960.62
Fund: 061 - SEWER FUND
CENTRAL SANITARY SUPPL 8858273
Vendor: CALIFORNIA POUCE CHIEF'S ASSOC.
Fund: 001 - GENERAL FUND
CALIFORNIA POLICE CHIEF' 6480
Vendor: BURKETT'S POOL PLASTERING, INC
Fund: 002 - UTILITY TAX FUND
BURKETT'S POOL PLASTERI 136572-4
Fund: 060- WATER FUND
CENTRAL SANITARY SUPPL 8858273
CENTRAL SANITARY SUPPL 8953240
06/30/2024 GENERAL RETAINER MAY 8,857.00
2024
06/30/2024 PUBLIC RECORDS ACT MAY 91.50
2024
Fund 001 - GENERAL FUND Total: 8,948.50
Vendor BEST BEST & KRIEGER Total: 8,948.50
06/30/2024 AQUATIC CENTER POOL 73,169.00
SURFACING
Fund 002 - UTILITY TAX FUND Total: 73,169.00
Vendor BURKETT'S POOL PLASTERING, INC Total: 73,169.00
07/02/2024 PD CALIFORNIA CHIEF 365.00
MEMBERSHIP 2024-2025
Fund 001- GENERAL FUND Total: 365.00
Vendor CALIFORNIA POLICE CHIEF'S ASSOC. Total: 365.00
07/02/2024 PAYROLL DEDUCTIONS 330.46
Fund 099 - PAYROLL TRUST FUND Total: 330.46
Vendor CALIFORNIA STATE DISBURSEMENT UNIT Total: 330.46 06/30/2024 PW JANITORIAL SUPPLIES 10.39
06/30/2024 PW JANITORIAL SUPPLIES 27.86
Fund 001 - GENERAL FUND Total: 38.25
06/30/2024 PW JANITORIAL SUPPLIES 8.31
06/30/2024 PW JANITORIAL SUPPLIES 22.29
Fund 059 - STORM DRAIN Total: 30.60
06/30/2024 PW JANITORIAL SUPPLIES 22.86
06/30/2024 PW JANITORIAL SUPPLIES 61.29
Fund 060 - WATER FUND Total: 84.15
06/30/2024 PW JANITORIAL SUPPLIES 27.72
997492
997493
Vendor: BEST BEST & KRIEGER
Fund: 001- GENERAL FUND
BEST BEST & KRIEGER
BEST BEST & KRIEGER
Fund: 059- STORM DRAIN
CENTRAL SANITARY SUPPL 8858273
CENTRAL SANITARY SUPPL 8953240
Vendor: CENTRAL SANITARY SUPPLY
Fund: 001 • GENERAL FUND
CENTRAL SANITARY SUPPL 8858273
CENTRAL SANITARY SUPPL 8953240
Vendor: CALIFORNIA STATE DISBURSEMENT UNIT
Fund: 099 - PAYROLL TRUST FUND
CALIFORNIA STATE DISBUR PR - 6/21/24
Warrant List Post Dates: 06/19/2024 - 07/02/2024
Vendor Name Payable Number Post Date Description (Item) Amount CENTRAL SANITARY SUPPL 8953240 06/30/2024 PW JANITORIAL SUPPLIES 74.28 Fund 061 - SEWER FUND Total: 102.00
Vendor CENTRAL SANITARY SUPPLY Total: 255.00
Vendor: CINTAS CORPORATION #3
Fund: 001 - GENERAL FUND
CINTAS CORPORATION #3 4194895167 06/30/2024 PW UNIFORM 26.74
ALLOWANCE / CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4194895167 06/30/2024 PW UNIFORM 25.28
ALLOWANCE/ CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4194895167 06/30/2024 PW UNIFORM 23.17
ALLOWANCE/ CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4195588365 06/30/2024 PW UNIFORM 26.74
ALLOWANCE/ CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4195588365 06/30/2024 PW UNIFORM 25.25
ALLOWANCE/ CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4195588365 06/30/2024 PW UNIFORM 23.17
ALLOWANCE/ CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4196319797 06/30/2024 PW UNIFORM 48.00
ALLOWANCE/ CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4196319797 06/30/2024 PW UNIFORM 19.60
ALLOWANCE/ CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4196319797 06/30/2024 PW UNIFORM 51.92
ALLOWANCE / CUSTODIAL
SUPPLIES
Fund 0O1 - GENERAL FUND Total: 269.87
Fund: 017 -CITY WIDE LIGHTING & LAND
CINTAS CORPORATION #3 4194895167 06/30/2024 PW UNIFORM 33.72
ALLOWANCE/ CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4195588365 06/30/2024 PW UNIFORM 33.73
ALLOWANCE / CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4196319797 06/30/2024 PW UNIFORM 67.94
ALLOWANCE/ CUSTODIAL
SUPPLIES
Fund 017 - CITY WIDE LIGHTING & LAND Total: 135.39
Fund: 059 - STORM DRAIN
CINTAS CORPORATION #3 4194895167 06/30/2024 PW UNIFORM 19.27
ALLOWANCE/ CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4195588365 06/30/2024 PW UNIFORM 19.28
ALLOWANCE/ CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4196319797 06/30/2024 PW UNIFORM 11.08
ALLOWANCE/ CUSTODIAL
SUPPLIES
Fund 059- STORM DRAIN Total: 49.63
Warrant List Post Dates: 06/19/2024- 07/02/2024
Vendor Name Payable Number Post Date Description (Item) Amount Fund: 060 - WATER FUND
CINTAS CORPORATION #3 4194895167 06/30/2024 PW UNIFORM 50.46
ALLOWANCE/ CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4194895167 06/30/2024 PW UNIFORM 86.73
ALLOWANCE/ CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4195588365 06/30/2024 PW UNIFORM 50.47
ALLOWANCE/ CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4195588365 06/30/2024 PW UNIFORM 86.74
ALLOWANCE / CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4196319797 06/30/2024 PW UNIFORM 55.43
ALLOWANCE/ CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4196319797 06/30/2024 PW UNIFORM 123.00
ALLOWANCE/ CUSTODIAL
SUPPLIES
Fund 060 - WATER FUND Total: 452.83
Fund: 061 - SEWER FUND
CINTAS CORPORATION #3 4194895167 06/30/2024 PW UNIFORM 59.80
ALLOWANCE/ CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4194895167 06/30/2024 PW UNIFORM 99.82
ALLOWANCE/ CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4195588365 06/30/2024 PW UNIFORM 59.81
ALLOWANCE/ CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4195588365 06/30/2024 PW UNIFORM 99.80
ALLOWANCE/ CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4196319797 06/30/2024 PW UNIFORM 68.70
ALLOWANCE/ CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4196319797 06/30/2024 PW UNIFORM 146.29
ALLOWANCE/ CUSTODIAL
SUPPLIES
Fund 061 - SEWER FUND Total: 534.22
Fund: 062 - REFUSE
CINTAS CORPORATION #3 4194895167 06/30/2024 PW UNIFORM 48.51
ALLOWANCE/ CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4195588365 06/30/2024 PW UNIFORM 48.51
ALLOWANCE/ CUSTODIAL
SUPPLIES
CINTAS CORPORATION #3 4196319797 06/30/2024 PW UNIFORM 80.94
ALLOWANCE/ CUSTODIAL
SUPPLIES
Fund 062 - REFUSE Total: 177.96
Vendor CINTAS CORPORATION #3 Total: 1,619.90
Warrant List Post Dates: 06/19/2024 - 07/02/2024
Vendor Name Payable Number Post Date Description (Item) Amount Vendor: CITY OF MERCED
Fund: 001-GENERAL FUND
CITY OF MERCED 06/24/2024 06/30/2024 AUTOCAR SCHWARZE 10,000.00 A900 MONSOON STREET
SWEEPER
Fund 001 - GENERAL FUND Total: 10,000.00
Fund: 010 - GAS TAX 2105 FUND
CITY OF MERCED 06/24/2024 06/30/2024 AUTOCAR SCHWARZE 5,000.00 A900 MONSOON STREET
SWEEPER
Fund 010- GAS TAX 2105 FUND Total: 5,000.00
Fund: 060 - WATER FUND
CITY OF MERCED 06/24/2024 06/30/2024 AUTOCAR SCHWARZE 2,500.00 A900 MONSOON STREET
SWEEPER
Fund 060 - WATER FUND Total: 2,500.00
Fund: 061 - SEWER FUND
CITY OF MERCED 06/24/2024 06/30/2024 AUTOCAR SCHWARZE 2,500.00 A900 MONSOON STREET
SWEEPER
Fund 061- SEWER FUND Total: 2,500.00
Vendor CITY OF MERCED Total: 20,000.00
Vendor: DANIEL GOMES
Fund: D16 - SWIM POOL FUND
DANIEL GOMES 24-75 06/30/2024 REC POOL MOVIE NIGHT 350.00 MAY 24TH, 2024
DANIEL GOMES 24-76 06/30/2024 REC POOL MOVIE NIGHT 350.00 JUNE 20TH, 2024
Fund 016 - SWIM POOL FUND Total: 700.00
Vendor DANIEL GOMES Total: 700.00
Vendor: DAVID J FRANCIS
Fund: 001 - GENERAL FUND
DAVID J FRANCIS 3972 06/30/2024 PETERSON SHELTER 1,078.92
ELECTRICAL REPAIRS
Fund O01- GENERAL FUND Total: 1,078.92
Fund: 061- SEWER FUND
DAVID J FRANCIS 3980 06/30/2024 WWTP PUMP REPAIR 13,371.50 Fund D61- SEWER FUND Total: 13,371.50
Vendor DAVID J FRANCIS Total: 14,450.42
Vendor: DEPARTMENT OF RESOURCES RECYCLING & RECOVERY
Fund: 226 - RECYCLING FUND
DEPARTMENT OF RESOUR 0000001577336 06/30/2024 CAL RECYCLING GRANT FY 3,520.00 2021-22 - UNSPEND FUND
Fund 226 - RECYCLING FUND Total: 3,520.00
Vendor DEPARTMENT OF RESOURCES RECYCLING & RECOVERY Total; 3,520.00 Vendor: DOWNSTREAM AVIATION LP
Fund: 063 - AIRPORT FUND
DOWNSTREAM AVIATION 0641-$P2024 07/02/2024 ANNUAL NETWORK 1,195.00 ACCESS & SUPPORT 07 /24
Fund 063 - AIRPORT FUND Total: 1,195.00
Vendor DOWNSTREAM AVIATION LP Total: 1,195.00
Warrant List
Vendor Name
Vendor: F.S.ROD, INC
Fund: 060 - WATER FUND
F.S.ROD, INC
Fund: O61 - SEWER FUND
F.S.ROD, INC
Payable Number
327202
327202
Post Date
06/30/2024
06/30/2024
06/30/2024
06/30/2024
Description (Item] Amount
PW FILL SAND DELIVERY 223.76
Fund 060- WATER FUND Total: 223.76
PW FILL SAND DELIVERY 223.76
Fund 061 - SEWER FUND Total: 223.76
Vendor F.S.ROD, INC Total: 447.52
PW 3" WIDE RANGE 727.80
COUPLERS FOR HENRY
MILLER PARK
Fund O01 - GENERAL FUND Total: 727.80
PW 3" WIDE RANGE 727.80
COUPLERS FOR HENRY
Fund: 017- CITY WIDE LIGHTING & LAND
FERGUSON ENTERPRISES I 0004050
Vendor: FERGUSON ENTERPRISES INC
Fund: O01 - GENERAL FUND
FERGUSON ENTERPRISES I 0004050
Post Dates: 06/19/2024- 07/02/2024
Vendor: FRANK B MARKS & SON, INC
Fund: 060 - WATER FUND
FRANK B MARKS & SON, I 0093277-IN
FRANK B MARKS & SON, I 0093331-IN
Fund: 061- SEWER FUND
FRANK B MARKS & SON,I 0093277-IN
FRANK B MARKS & SON,I 0093331-IN
Vendor: FRANTZ WHOLESALE NURSERY LLC
Fund: 019- RECREATION FUND
FRANTZ WHOLESALE NUR 307058
MILLER PARK
Fund 017 -CITY WIDE LIGHTING & LAND Total: 727.80
Vendor FERGUSON ENTERPRISES INC Total: 1,455.60
06/30/2024 PW BASE ROCK PICK UP 121.15
06/30/2024 PW FILL SAND PICK UP 101.09
Fund 060 - WATER FUND Total: 222.24
06/30/2024 PW BASE ROCK PICK UP 121.16
06/30/2024 PW FILL SAND PICK UP 101.08
Fund 061- SEWER FUND Total: 222.24
Vendor FRANK B MARKS & SON, INC Total: 444.48
06/30/2024 MEMORIAL TREE 2,061.71
PROGRAM
Fund O19 - RECREATION FUND Total: 2,061.71
Vendor FRANTZ WHOLESALE NURSERY LLC Total: 2,061.71
Vendor: GUSTINE DEPOT GARAGE, LLC
Fund: 059 - STORM DRAIN
GUSTINE DEPOT GARAGE, 0035667
GUSTINE DEPOT GARAGE, 0035772
GUSTINE DEPOT GARAGE, 0035931
PW #1072 DIAGNOSTIC
AND TROUBLESHOOT
PW #1012 VEHICLE
MAINTENANCE
PW #1013 WATER PUMP
REPLACEMENT
Fund 059 -STORM DRAIN Total:
Vendor GUSTINE DEPOT GARAGE, LLC Total:
212.59
328.73
552.77
1,094.09
1,094.09
06/30/2024
06/30/2024
06/30/2024
Vendor: GUSTINE QUARTERBACK CLUB
Fund: O19 - RECREATION FUND
GUSTI NE QUARTERBACK C 06/18/2024 GS 06/30/2024 REC YOUTH SPORTS CAMP
AND CLINIC
67.50
Warrant List Post Dates: 06/19/2024 -07/02/2024
Vendor Name Payable Number Post Date Description (Item) Amount GUSTINE QUARTERBACK C 08/02/2024 GR 06/30/2024 REC ADVERTISEMENT - 400.00
COLOR SIGN
Fund 019 - RECREATION FUND Total: 467.50
Vendor GUSTINE QUARTERBACK CLUB Total: 467.50
Vendor: HALYCON CREEK INC. (DBA MID VALLEY I.T.)
Fund: 001 - GENERAL FUND
HALYCON CREEK INC. (DBA 202144135 06/30/2024 MONTHLY I.T CITY HALL 16.37 JUNE 2024
HALYCON CREEK INC. (DBA 202144135 06/30/2024 MONTHLY I.T CITY HALL 16.37 JUNE 2024
HALYCON CREEK INC. (OBA 202144135 06/30/2024 MONTHLY I.T CITY HALL 8.18 JUNE 2024
HALYCON CREEK INC. (OBA 202144135 06/30/2024 MONTHLY I.T CITY HALL 16.37 JUNE 2024
HALYCON CREEK INC. (DBA 202144135 06/30/2024 MONTHLY I.T CITY HALL 16.37 JUNE 2024
HALYCON CREEK INC. (DBA 202144135 06/30/2024 MONTHLY IT CITY HALL 16.37 JUNE 2024
HALYCON CREEK INC. (DBA 202144135 06/30/2024 MONTHLY I.T CITY HALL 8.18 JUNE 2024
HALYCON CREEK INC. (DBA 202144135 06/30/2024 MONTHLY IT CITY HALL 16.37 JUNE 2024
HALYCON CREEK INC. (DBA 202144136 06/30/2024 PD MONTHLY I.T JUNE 2,356.24 2024
Fund 001- GENERAL FUND Total: 2,470.82
Fund: 009 - COMMUNITY CENTER FUND
HALYCON CREEK INC. (OBA 202144135 06/30/2024 MONTHLY I.T CITY HALL 32.73 JUNE 2024
Fund 009 - COMMUNITY CENTER FUND Total: 32.73
Fund: 016- SWIM POOL FUND
HALYCON CREEK INC. (DBA 202144135 06/30/2024 MONTHLY IT CITY HALL 32.73 JUNE 2024
Fund 016 - SWIM POOL FUND Total: 32.73
Fund: 019 - RECREATION FUND
HALYCON CREEK INC. (DBA 202144135 06/30/2024 MONTHLY 1.T CITY HALL 32.73 JUNE 2024
.
Fund 019 - RECREATION FUND Total: 32.73
Fund: 060 - WATER FUND
HALYCON CREEK INC. (DBA 202144135 06/30/2024 MONTHLY 1.T CITY HALL 540.06 JUNE 2024
Fund 060 - WATER FUND Total: 540.06
Fund: 061 - SEWER FUND
HALYCON CREEK INC. (DBA 202144135 06/30/2024 MONTHLY I.T CITY HALL 556.43 JUNE 2024
Fund 061 - SEWER FUND Total: 556.43
Fund: 062 - REFUSE
HALYCON CREEK INC. (OBA 202144135 06/30/2024 MONTHLY I.T CITY HALL 327.30 JUNE 2024
Fund 062 - REFUSE Total: 327.30
Vendor HALYCON CREEK INC. (DBA MID VALLEY I.T.) Total: 3,992.80
Warrant List Post Dates: 06/19/2024 - 07/02/2024
Vendor Name Payable Number Post Date Description (Item) Amount Vendor: HILMAR LUMBER INC
Fund: 059 - STORM DRAIN
HILMAR LUMBER INC 672117 06/30/2024 PW CAP FOR PROTECTION 79.72
AGAINST STORM DRAIN
INFLOW
Fund 059 - STORM DRAIN Total: 79.72
Vendor HILMAR LUMBER INC Total: 79.72
Vendor: IEH-JL ANALYTICAL
Fund: 061 - SEWER FUND
IEH-JL ANALYTICAL 638801 06/30/2024 WWTP WATER SAMPLES 487.00 5/15/24-5/21/24
IEH-JL ANALYTICAL 638929 06/30/2024 WWTP WATER SAMPLES 136.00 5/16/24
IEH-JL ANALYTICAL 639577 06/30/2024 WWTP WATER SAMPLES 1,246.00 5/22/24-6/4/24
Fund 061 - SEWER FUND Total: 1,869.00
Vendor IEH-IL ANALYTICAL Total: 1,869.00
Vendor: INFOSEND BILLING
Fund: 001- GENERAL FUND
INFOSEND BILLING 263915 06/30/2024 UTILITY BILLING AND 47.06 MAILING 04/23/24-
05/23/24
INFOSEND BILLING 263915 06/30/2024 UTILITY BILLING AND 28.59 MAILING 04/23/24-
05/23/24
Fund 001- GENERAL FUND Total: 75.65
Fund: 047-FIREWORKS
INFOSEND BILLING 264178 07/02/2024 REC COLOR RUN MASS 391.23 MAILING 2024
Fund 047 - FIREWORKS Total: 391.23
Fund: 059 - STORM DRAIN
INFOSEND BILLING 263915 06/30/2024 UTILITY BILLING AND 18.82 MAILING 04/23/24-
05/23/24
INFOSEND BILLING 263915 06/30/2024 UTILITY BILLING AND 11.44 MAILING 04/23/24-
05/23/24
Fund 059 -STORM DRAIN Total: 30.26
Fund: 060- WATER FUND
INFOSEND BILLING 263915 06/30/2024 UTILITY BILLING AND 310.60 MAILING 04/23/24-
05/23/24
INFOSEND BILLING 263915 06/30/2024 UTILITY BILLING AND 188.71 MAILING 04/23/24-
05/23/24
Fund 060 - WATER FUND Total: 499.31
Fund: 061 - SEWER FUND
INFOSEND BILLING 263915 06/30/2024 UTILITY BILLING AND 310.60 MAILING 04/23/24-
05/23/24
INFOSEND BILLING 263915 06/30/2024 UTILITY BILLING AND 188.71 MAILING 04/23/24
05/23/24
Fund 061 - SEWER FUND Total. 499.31
Warrant List Post Dates: 06/19/2024 -07/02/2024
Vendor Name Payable Number Post Date Description {ltemJ Amount Fund: 062 · REFUSE
INFOSEND BILLING 263915 06/30/2024 UTILITY BILLING AND 254.13 MAILING 04/23/24-
05/23/24
INFOSEND BILLING 263915 06/30/2024 UTILITY BILLING AND 154.40 MAILING 04/23/24-
05/23/24
Fund 062 - REFUSE Total: 408.53
Vendor INFOSEND BILLING Total: 1,904.29
Vendor: IRRIGATION DESIGN & CONSTRUCTION LLC
Fund: 001 - GENERAL FUND
IRRIGATION DESIGN & CO 0476719-IN 06/30/2024 PW HENRY MILLER 107.42
IRRIGATION SUPPLIES
IRRIGATION DESIGN & CO 0476876-IN 06/30/2024 PW PIONEER PARK MAIN 136.91
LINE VALVE REPAIR
IRRIGATION DESIGN & CO 0476987-IN 06/30/2024 PW PIONEER PARK MAIN 149.54
LINE VALVE REPAIR PARTS
IRRIGATION DESIGN & CO 0477050-IN 06/30/2024 PW HENRY MILLER 106.59
IRRIGATION ISOLATION
VALVE
Fund 001- GENERAL FUND Total: 500.46
Fund: 017 - CITY WIDE LIGHTING & LAND
IRRIGATION DESIGN & CO 0476719-IN 06/30/2024 PW HENRY MILLER 107.43
IRRIGATION SUPPLIES
IRRIGATION DESIGN & CO 0476987-IN 06/30/2024 PW PIONEER PARK MAIN 149.54
LINE VALVE REPAIR PARTS
Fund 017 - CITY WIDE LIGHTING & LAND Total: 256.97
Vendor IRRIGATION DESIGN & CONSTRUCTION LLC Total: 757.43 Vendor: JANET C WILSON
Fund: 060 - WATER FUND
JANET C WILSON JULY 2024 07/02/2024 LOAN PAYMENT JULY 2024 451.57 JANET C WILSON JULY 2024 07/02/2024 LOAN PAYMENT JULY 2024 188.00 Fund 060- WATER FUND Total: 639.57
Fund: 061 - SEWER FUND
JANET C WILSON JULY 2024 07/02/2024 LOAN PAYMENT JULY 2024 451.57 JANET C WILSON JULY 2024 07/02/2024 LOAN PAYMENT JULY 2024 187.99 Fund 061 - SEWER FUND Total: 639.56
Vendor JANET C WILSON Total: 1,279.13
Vendor: JENNIFER HALPIN
Fund: 226 - RECYCLING FUND
JENNIFER HALPIN 2024G-0034-0WR 06/30/2024 SB 1383 RELATED PROG 496.00 EXP UNDER 0WR2-21-004
JENNIFER HALPIN 2024G-0304 06/30/2024 SB 1383 RELATED PROG 650.00 UNDER OWR2-21-0049
Fund 226 - RECYCLING FUND Total: 1,146.00
Vendor JENNIFER HALPIN Total: 1,146.00
Vendor: JIMMY PAUL VIERRA
Fund: 060 - WATER FUND
JIMMY PAUL VIERRA JULY 2024 07/02/2024 LOAN PAYMENT JULY 2024 451.57 JIMMY PAUL VIERRA JULY 2024 07/02/2024 LOAN PAYMENT JULY 2024 188.00 Fund 060 - WATER FUND Total: 639.57
Fund: 061- SEWER FUND
JIMMY PAUL VIERRA JULY 2024 07/02/2024 LOAN PAYMENT JULY 2024 451 57
Warrant List Post Dates: 06/19/2024 -07/02/2024
Vendor Name Payable Number Post Date Description (Item) Amount JIMMY PAUL VIERRA JULY 2024 07/02/2024 LOAN PAYMENT JULY 2024 187.99 Fund 061 - SEWER FUND Total: 639.56
Vendor JIMMY PAUL VIERRA Total: 1,279.13
Vendor: JORGENSEN & SONS INC.
Fund: 059 - STORM DRAIN
JORGENSEN & SONS INC. 6135782 06/30/2024 FIRE EXTINGUISHER 356.00
INSPECTIONS SERVICE
Fund 059- STORM DRAIN Total: 356.00
Fund: 060 - WATER FUND
JORGENSEN & SONS INC. 6135782 06/30/2024 FIRE EXTINGUISHER 356.00
INSPECTIONS SERVICE
Fund 060 - WATER FUND Total: 356.00
Fund: 061- SEWER FUND
JORGENSEN & SONS INC. 6135782 06/30/2024 FIRE EXTINGUISHER 356.12
INSPECTIONS SERVICE
Fund 061- SEWER FUND Total: 356.12
Vendor JORGENSEN & SONS INC. Total: 1,068.12
Vendor: KEITH FAULDER
Fund: 001- GENERAL FUND
KEITH FAULDER JULY 2024 07/02/2024 LEASE AGREEMENT JULY 133.32 2024
Fund O01- GENERAL FUND Total: 133.32
Fund: 060 - WATER FUND
KEITH FAULDER JULY 2024 07/02/2024 LEASE AGREEMENT JULY 133.36 2024
Fund 060 - WATER FUND Total: 133.36
Fund: 061- SEWER FUND
KEITH FAULDER JULY 2024 07/02/2024 LEASE AGREEMENT JULY 133.32 2024
Fund 061 - SEWER FUND Total: 133.32
Vendor KEITH FAULDER Total: 400.00
Vendor: MID-VALLEY DISPOSAL LLC
Fund: 062 - REFUSE
MID-VALLEY DISPOSAL LLC 05/23/2024 06/30/2024 REFUSE SERVICE 04/24/24 55,314.51 - 05
Fu
/
n
23 d
/
0 2
6 4
2 - REFUSE Total: 55
-
,314.51
Vendor MID-VALLEY DISPOSAL LLC Total: 55,314.51
Vendor: NORMAC
Fund: 001 - GENERAL FUND
NORMAC 0015872440-001 06/30/2024 PW JAM ERO PARK 592.57
IRRIGATION SUPPLIES
NORMAC 0015872440-001 06/30/2024 PW JAMERO PARK 592.38
IRRIGATION SUPPLIES
NORMAC 0016016514-001 06/30/2024 PW PARK OP SUPPLIES 145.90 Fund 001 - GENERAL FUND Total: 1,330.85
Fund: 017 - CITY WIDE LIGHTING & LAND
NORMAC 0015872440-001 06/30/2024 PW JAM ERO PARK 592.38
IRRIGATION SUPPLIES
Fund 017-CITY WIDE LIGHTING & LAND Total: 592.38
Vendor NORMAC Total: 1,923.23
Warrant List Post Dates: 06/19/2024 - 07/02/2024
Vendor Name Payable Number Post Date Description (Item) Amount Vendor: O'REILLY AUTO ENTERPRISES, UC
Fund: 001 - GENERAL FUND
O'REILLY AUTO ENTERPRIS 5718-384693 06/30/2024 PW ELECTRICAL REPAIR 10.37
HARDWARE
O'REILLY AUTO ENTERPRIS 5718-384802 06/30/2024 PW ELECTRICL REPAIR 20.55
HARDWARE
O'REILLY AUTO ENTERPRIS 5718-389580 06/30/2024 PW FLUID FOR VEHICLES 101.60 O'REILLY AUTO ENTERPRIS 5718-389939 06/30/2024 PW HYDRAULIC FLUID 92.00 Fund 001 - GENERAL FUND Total: 224.52
Fund: 060 - WATER FUND
O'REILLY AUTO ENTERPRIS 5718-389432 06/30/2024 PW AIR HOSE EXTENSION 74.67
FOR EXTERIOR HOSES
O'REILLY AUTO ENTERPRIS 5718-389445 06/30/2024 PW TIRE TOOL5 50.51 Fund 060 - WATER FUND Total: 125.18
Fund: 061- SEWER FUND
O'REILLY AUTO ENTERPRIS 5718-384232 06/30/2024 PW TOOLS- WRENCH 20.56 Fund 061- SEWER FUND Total: 20.S6
Vendor O'REILLY AUTO ENTERPRISES, LLC Total: 370.26
Vendor: PACE SUPPLY CORP
Fund: 060 - WATER FUND
PACE SUPPLY CORP 058896555-2 06/30/2024 PW CURB STOPS 396.54 Fund 060 - WATER FUND Total: 396.54
Vendor PACE SUPPLY CORP Total: 396.54
Vendor: PACIFIC STAR CHEMICAL, LLC.
Fund: 016-SWIM POOL FUND
PACIFIC STAR CHEMICAL, L 283919 06/30/2024 PW POOL CHEMICALS 1,616.62 Fund 016 - SWIM POOL FUND Total: 1,616.62
Vendor PACIFIC STAR CHEMICAL, LLC. Total: 1,616.62
Vendor: POLICE OFFICERS ASSOC
Fund: 099 - PAYROLL TRUST FUND
POLICE OFFICERS ASSOC PR -6/21/24 07/02/2024 PAYROLL DEDUCTIONS 540.00 Fund 099 - PAYROLL TRUST FUND Total: 540.00
Vendor POLICE OFFICERS ASSOC Total: 540.00
Vendor: PUBLIC EMP RETIREMENT SYSTEM
Fund: 099 - PAYROLL TRUST FUND
PUBLIC EMP RETIREMENT PR -6/21/24 EE CLASSIC 07/02/2024 RETIREMENT 867.09
CONTRIBUTIONS
PUBLIC EMP RETIREMENT PR -6/21/24 EE PEP RA Ml 07/02/2024 RETIREMENT 2,995.93
CONTRIBUTIONS
PUBLIC EMP RETIREMENT PR -6/21/24 EE PEPRA SA 07/02/2024 RETIREMENT 2,470.70
CONTRIBUTIONS
PUBLIC EMP RETIREMENT PR -6/21/24 ER CLASSIC 07/02/2024 RETIREMENT 1,478.43
CONTRIBUTIONS
PUBLIC EMP RETIREMENT PR -6/21/24 ER PEPRA Ml 07/02/2024 RETIREMENT 2,968.94
CONTRIBUTIONS
PUBLIC EMP RETIREMENT PR-6/21/24 ER PEPRA SA 07/02/2024 RETIREMENT 2,432.83
CONTRIBUTIONS
Fund 099 - PAYROLL TRUST FUND Total: 13,213.92
Vendor PUBLIC EMP RETIREMENT SYSTEM Total: 13,213.92
Warrant List Post Dates: 06/19/2024 - 07/02/2024
Vendor Name Payable Number Post Date Description (Item) Amount Vendor: PYRO SPECTACULARS, INC
Fund: 047 - FIREWORKS
PYRO SPECTACULARS, INC 401 07/02/2024 2024 FIREWORKS SHOW- 24,250.00
REMAINING BALANCE
Fund 047 - FIREWORKS Total: 24,250.00
Vendor PYRO SPECTACULARS, INC Total: 24,250.00
Vendor: REDSTONE CONSTRUCTION INC
Fund: 060- WATER FUND
REDSTONE CONSTRUCTIO 2411 06/30/2024 MAIN WATER VALVE 21,248.00
INSTALLATION ON HWY
33, 6TH & 7TH
Fund 060 - WATER FUND Total: 21,248.00
Vendor REDSTONE CONSTRUCTION INC Total: 21,248.00
Vendor: RJMS CORPORATION
Fund: 001 - GENERAL FUND
RJMS CORPORATION MF0J23 06/19/2024 PD/ REC OPERATING 23,499.84
SUPPLIES - GOLF CARTS
RJMS CORPORATION MF0J24 06/19/2024 PD/ REC OPERATING 23,338.55
SUPPLIES- GOLF CARTS
Fund 001- GENERAL FUND Total: 46,838.39
Vendor RJMS CORPORATION Total: 46,838.39
Vendor: SAFE T LITE
Fund: 010 - GAS TAX 2105 FUND
SAFE T LITE 398134 06/30/2024 PW TRANSPORTATION 751.77
SIGNS
Fund 010-GA5 TAX 2105 FUND Total: 751.77
Vendor SAFE T LITE Total: 751.77
Vendor: SCP DISTRIBUTORS, LL.C
Fund: 016 - SWIM POOL FUND
SCP DISTRIBUTORS, L.L.C 49835695 06/30/2024 PW WHEELS FOR POOL 25.98
SWEEPER
Fund 016 - SWIM POOL FUND Total: 25.98
Vendor SCP DISTRIBUTORS, L.L.C Total: 25.98
Vendor: SHRED-IT
Fund: 001 - GENERAL FUND
SHRED-IT 8007305321 06/30/2024 SHRED SERVICE 6.54
05/21/2024
SHRED-IT 8007305321 06/30/2024 SHRED SERVICE 10.90
05/21/2024
SHRED-IT 8007305321 06/30/2024 SHRED SERVICE 6.54
05/21/2024
SHRED-IT 8007305321 06/30/2024 SHRED SERVICE 87.16
05/21/2024
SHRED-IT 8007305321 06/30/2024 SHRED SERVICE 2.18
05/21/2024
SHRED-IT 8007313449 06/30/2024 PD SHRED IT SERVICES 160.50 05/07/2024
Fund 001 - GENERAL FUND Total: 273.82
Fund: 019 - RECREATION FUND
SHRED-IT 8007305321 06/30/2024 SHRED SERVICE 6.52
05/21/2024
Fund 019 - RECREATION FUND Total: 6.52
Warrant List Post Dates: 06/19/2024- 07/02/2024
Vendor Name
Fund: 060 - WATER FUND
SHRED-IT
Fund: 061 - SEWER FUND
SHRED-IT
Fund: 062 - REFUSE
SHRED-IT
Payable Number
8007305321
8007305321
8007305321
Post Date
06/30/2024
06/30/2024
06/30/2024
Description (Item) Amount
SHRED SERVICE 43.58
05/21/2024
Fund 060 - WATER FUND Total: 43.58
SHRED SERVICE 43.58
05/21/2024
Fund 061- SEWER FUND Total: 43.58
SHRED SERVICE 10.90
05/21/2024
Fund 062- REFUSE Total: 10.90
Vendor SHRED-IT Total: 378.40
06/30/2024
Vendor: STATE OF CALIFORNIA DEPT OF JUSTICE
Fund: 0O1 - GENERAL FUND
STATE OF CALIFORNIA DEP 741695 PD LIVE SCAN MAY 2024
Fund 001 - GENERAL FUND Total:
Vendor STATE OF CALIFORNIA DEPT OF JUSTICE Total:
418.00
418.00
418.00
07/02/2024
07/02/2024
Vendor: STATE STREET BANK & TRUST COMPANY
Fund: 099- PAVROU TRUST FUND
STATE STREET BANK & TRU PR -6/21/24
STATE STREET BANK & TRU PR -6.21.24
PAYROLL DEDUCTIONS
PAYROLL DEDUCTIONS
Fund 099 - PAYROLL TRUST FUND Total:
Vendor STATE STREET BANK & TRUST COMPANY Total:
948.08
173.08
1,121.16
1,121.16
Fund: 061- SEWER FUND
TECHNICAL FABRICATION 14683
Fund: 060- WATER FUND
TECHNICAL FABRICATION 14683
Vendor: TECHNICAL FABRICATION
Fund: 001 - GENERAL FUND
TECHNICAL FABRICATION 14683
Vendor: TIM DRURY AND BRIAN BARNETT
Fund: 016- SWIM POOL FUND
TIM DRURY AND BRIAN BA 3837
06/30/2024 PW TRAILER RAILS AND 216.54
TIE DORN POINTS INSTALL
Fund 001- GENERAL FUND Total: 216.54
06/30/2024 PW TRAILER RAILS AND 216.48
TIE DORN POINTS INSTALL
Fund 060 - WATER FUND Total: 216.48
06/30/2024 PW TRAILER RAILS AND 216.48
TIE DORN POINTS INSTALL
Fund 061 - SEWER FUND Total: 216.48
Vendor TECHNICAL FABRICATION Total: 649.50
06/30/2024 AQUATIC CENTER 389.45
CONTRACT SERVICESDOOR REPAIRS
Fund 016 - SWIM POOL FUND Total: 389.45
Vendor TIM DRURY AND BRIAN BARNETT Total 389.45
06/30/2024 PW DEPT OP SUPPLIES- 3.85
TOWELS, MOPS, MATS
06/30/2024 PW DEPT OP SUPPLIES- 27.10
TOWELS, MOPS, MATS
06/30/2024 PW DEPT OP SUPPLIES- 3.85
TOWELS, MOPS, MATS
Fund 001 - GENERAL FUND Total: 34.80
5040327415
5040324182
5040320967
VESTIS GROUP, !NC
Vendor: VESTIS GROUP, INC
Fund: 001- GENERAL FUND
VESTIS GROUP, INC
VESTIS GROUP, INC
Warrant List Post Dates: 06/19/2024- 07/02/2024
Vendor Name Payable Number Post Date Description (Item) Amount Fund: 059- STORM DRAIN
VESTIS GROUP, INC 5040320967 06/30/2024 PW DEPT OP SUPPLIES- 3.08
TOWELS, MOPS, MATS
VESTIS GROUP, INC 5040324182 06/30/2024 PW DEPT OP SUPPLIES- 21.68
TOWELS, MOPS, MATS
VESTIS GROUP, INC 5040327415 06/30/2024 PW DEPT OP SUPPLIES- 3.08
TOWELS, MOPS, MATS
Fund 059- STORM DRAIN Total: 27.84
Fund: 060 - WATER FUND
VESTIS GROUP, INC 5040320967 06/30/2024 PW DEPT OP SUPPLIES- 8.46
TOWELS, MOPS, MATS
VESTIS GROUP, INC 5040324182 06/30/2024 PW DEPT OP SUPPLIES- 59.61
TOWELS, MOPS, MATS
VESTIS GROUP, INC 5040327415 06/30/2024 PW DEPT OP SUPPLIES- 8.46
TOWELS, MOPS, MATS
Fund 060 - WATER FUND Total: 76.53
Fund: 061- SEWER FUND
VESTIS GROUP, INC 5040320967 06/30/2024 PW DEPT OP SUPPLIES- 10.25
TOWELS, MOPS, MATS
VESTIS GROUP, INC 5040324182 06/30/2024 PW DEPT OP SUPPLIES- 72.25
TOWELS, MOPS, MATS
VESTIS GROUP, INC 5040327415 06/30/2024 PW DEPT OP SUPPLIES- 10.25
TOWELS, MOPS, MATS
Fund 061- SEWER FUND Total: 92.75
Vendor VESTIS GROUP, INC Total: 231.92
Vendor: WEST WIND STUDIOS
Fund: 016 - SWIM POOL FUND
WEST WIND STUDIOS INV-000030 06/30/2024 AQUATIC CENTER 743.48 OPERATING SUPPLIES-TSHIRTS
WEST WIND STUDIOS INV-000032 06/30/2024 AQUATIC CENTER 204.00 OPERATING SUPPLIES -TSHIRTS
WEST WIND STUDIOS INV-000032 06/30/2024 AQUATIC CENTER 204.00
OPERATING SUPPLIES-T-
·SHIRTS
Fund 016 - SWIM POOL FUND Total: 1,151.48
Vendor WEST WIND STUDIOS Total: 1,151.48
Vendor: WESTSIDE WELDING & RADIATOR
Fund: 001 - GENERAL FUND
WESTSIDE WELDING & RA 11768 06/30/2024 PW MEMORIAL BENCH 204.00
REPAIRS
WESTSIDE WELDING & RA 11770 06/30/2024 VACUUM TRUCK REPAIRS 45.00 Fund 001- GENERAL FUND Total: 249.00
Vendor WESTSIDE WELDING & RADIATOR Total: 249.00
Vendor: WINDECKER, INC
Fund: 060 - WATER FUND
WINDECKER, INC 307597 06/30/2024 PW FUEL 494.68
Fund 060 - WATER FUND Total: 494.68
Fund: 061 - SEWER FUND
WINDECKER, INC 307597 06/30/2024 PW FUEL 494.69
Fund 061 - SEWER FUND Total: 494.69
Vendor WIND ECKER, INC Total. 989.37
Warrant List Post Dates: 06/19/2024 - 07/02/2024
Vendor Name Payable Number Post Date Description (Item) Amount Vendor: YANCEY LUMBER CO
Fund: OO1- GENERAL FUND
YANCEY LUMBER CO A2022129802 06/30/2024 PW WATERFALL REPAIR 264.57
SUPPLIES
Fund 001 - GENERAL FUND Total: 264.57
Fund: 016 - SWIM POOL FUND
YANCEY LUMBER CO A2022127561 06/30/2024 PW POOL RESTROOMS 12.10
SHADES REPAIRS
YANCEY LUMBER CO A2022131117 06/30/2024 PW POOL SUPPLIES- PAINT 136.38 Fund 016 - SWIM POOL FUND Total: 148.48
Vendor YANCEY LUMBER CO Total: 413.05
Vendor: ZACHARY CLINT REYES
Fund: 001- GENERAL FUND
ZACHARY CLINT REVES 0000549 06/30/2024 FD FIXING AIR CONDITION 705.00 Fund 001- GENERAL FUND Total: 705.00
Vendor ZACHARY CLINT REYES Total: 705.00
Grand Total: 496,298.24
Warrant List
Fund Summary
Fund
001- GENERAL FUND
002- UTILITY TAX FUND
009 - COMMUNITY CENTER FUND
010- GAS TAX 2105 FUND
016- SWIM POOL FUND
017-CITY WIDE LIGHTING & LAND
019- RECREATION FUND
020- CMAQ
047 - FIREWORKS
059 - STORM DRAIN
060 - WATER FUND
061-SEWER FUND
062 - REFUSE
063 - AIRPORT FUND
099- PAYROLL TRUST FUND
200- REGIONAL MEASURE V
226 - RECYCLING FUND
Grand Total:
Account Summary
Account Number Account Name
001-0110-520.010-00 DEPT OPERATING SUPPL
001-0110-540.039-00 MAINTENANCE CONTRA
001-0120-520.010-00 DEPT OPERATING SUPPL
001-0120-530.201-00 0TH ER CONTRACT SERVI
001-0120-540.039-00 MAINTENANCE CONTRA
001-0140-520.000-00 OFFICE SUPPLIES
001-0140-530.014-00 POSTAGE
001-0140-530.030-00 ADVERTISING
001-0140-530.201-00 OTHER CONTRACT SERVI
001-0140-540.039-00 MAINTENANCE CONTRA
001-0141-530.009-00 OTHER PROFESSIONALS
001-0141-530.201-00 OTHER CONTRACT SERVI
001-0142-520.010-00 DEPT OPERATING SUPPL
001-0142-530.201-00 OTHER CONTRACT SERVI
001-0142-540.039-00 MAINTENANCE CONTRA
001-0150-520.011-00 UNIFORM ALLOWANCE
001-0150-530.072-00 OTHER EQUIPMENT REP
001 0150-530.201-00 0TH ER CONTRACT SERVI
001-0150-540.039-00 MAINTENANCE CONTRA
001-0210-520.000-00 OFFICE SUPPLIES
001-0210-530.009-00 OTHER PROFESSIONALS
001-0210-530.091-00 MEETINGS & TRAINING
001-0210-530.201-00 OTHER CONTRACT SERVI
□01-0210-540.039-00 MAINTENANCE CONTRA
001-0210-700.000-00 CAPITAL IMPROVEMENT
001-0410-540.039-00 MAINTENANCE CONTRA
001-0460-520.010-00 DEPT OPERATING SUPPL
001-0460-530.201-00 OTHER CONTRACT SERVI
001-0460-540.039-00 MAINTENANCE CONTRA
001-0610-520.010-00 DEPT OPERATING SUPPL
001-0610-52C.011-00 UNIFORM ALLOWANCE
001-0610-520 030-00 MOTOR VEHICLE EXPEN
001-0610-530.072-00 OTHER EQUIPMENT REP
001-0610-540.011-00 FACILITIES
001 -0610-540 030-00 MACHINERY & EQUIPME
001-0610-540.039-00 MAINTENANCE CONTRA
Payment Amount
77,957.54
73,169.00
32.73 5,842.59
5,615.59
2,115.86
2,647.86
149,751.33
24,853.04
1,679.30
29,644.57
26,022.64
56,395.53
1,297.25
15,205.54
19,401.87
4,666.00
496,298.24
Payment Amount
168.85
16.37 1,222.60
6.54 16.37
31.75 47.06
144.00
39.49 8.18
8,857.00
91.50 445.87
6.54 16.37
101.48
279.92
1,078.92
16.37 31.75
1,123.00
365.00
247.66
2,356.24
46,838.39
16 37
3175
2 18
8.18 2,937.15
98.26 193.60
746.60
133 32
10,216 54
16.37 Post Dates: 06/19/2024 - 07/02/2024
Report Summary
Warrant List Post Dates: 06/19/2024 - 07/02/2024
Account Summary
Account Number Account Name Payment Amount
002-0145-530.201-00 OTHER CONTRACT SERVI 73,169.00
009-0150-540.039-00 MAINTENANCE CONTRA 32.73
010-0310-520.010-00 DEPT OPERATING SUPPL 842.59
010-0310-700.000-00 CAPITAL IMPROVEMENT 5,000.00
016-0613-520.010-00 DEPT OPERATING SUPPL 1,137.91
016-0613-520.012-00 AQUATICS CENTER SUPP 1,914.04
016-0613-520.013-00 CONCESSION SUPPLIES 204.00
016-0613-530.072-00 OTHER EQUIPMENT REP 135.20
016-0613-530.201-00 OTHER CONTRACT SERVI 1,616.62
016-0613-540.011-00 BUILDINGS 389.45
016-0613-540.020-00 OTHER IMPROVEMENTS 185.64
016-0613-540.039-00 MAINTENANCE CONTRA 32.73
017-0610-520.010-00 DEPT OPERATING SUPPL 1,980.47
017-0610-520.011-00 UNIFORM ALLOWANCE 135.39
019-0613-520.010-00 DEPT OPERATING SUPPL 79.40
019-0613-520.050-00 TRIBUTE TREE PROGRA 2,061.71
019-0613-530.030-00 ADVERTISING 400.00
019-0613-530.201-00 OTHER CONTRACT SERVI 74.02
019-0613-540.039-00 MAINTENANCE CONTRA 32.73
020-0310-530.010-00 HWY 33/140 R0 UN DAB 149,751.33
047-0704-520.011-00 DEPT OPERATING SUPPL 348.81
047-0704-520.012-00 DEPT OPERATING SUPPL 254.23
047-0704-530.009-00 OTHER PROFESSIONALS 24,250.00
059-0140-530.014-00 POSTAGE 18.82
059-0140-530.201-00 OTHER CONTRACT SERVI 11.44
059-0730-520.010-00 DEPT OPERATING SUPPL 119.23
059-0730-520.030-00 MOTOR VEHICLE EXPEN 1,094.09
059--0730-530.009-00 OTHER PROFESSIONALS 356.00
059-0730-530.072-00 OTHER EQUIPMENT REP 79.72
060-0140-530.014-00 POSTAGE 310.60
060-0140-530.201-00 0TH ER CONTRACT SERVI 232.29
060-0710-520.010-00 DEPT OPERATING SUPPL 2,005.72
060-0710-520.011-00 UNIFORM ALLOWANCE 296.47
060-0710-530.009-00 OTHER PROFESSIONALS 356.00
060-0710-530.111-00 NOTE PAYABLE (VIERRA L 903.14
060-0710-530.122-00 INTEREST EXPENSE (VIER 376.00
060-0710-530.201-00 OTHER CONTRACT SERVI 21,248.00
060-0710-540.011-00 FACILITIES 133.36
060-0710-540.020-00 OTHER IMPROVEMENTS 125.18
060-0710-540.030-00 MACHINERY & EQUIP ME 3,117.75
060-0710-540.039-00 MAINTENANCE CONTRA 540.06
061-0140-530.014-00 POSTAGE 310.60
061-0140-530.201-00 OTHER CONTRACT SERVI 232.29
061-0520-520.010-00 DEPT OPERATING SUPPL 1,601.87
061-0520-520.011-00 UNIFORM ALLOWANCE 345.91
061-0520-530.009-00 OTHER PROFESSIONALS 2,225.12
061-0520-530.111-00 NOTE PAYABLE (VIERRA L 903.14
061-0520-530.122-00 INTEREST EXPENSE (VIER 375.98
061-0520-530.201-00 OTHER CONTRACT SERVI 16,621.50
061-0520-540 011-00 FACILITIES 133.32
061-0520-540.030-00 MACHINERY & EQUIPME 2,716 48
061-0520-540.039-00 MAINTENANCE CONTRA 556.43
062-0140-530.014-00 POSTAGE 254.13
062-0140-530.201-00 OTHER CONTRACT SERVI 165.30
062-0510-520.010-00 DEPT OPERATING SUPPL 156 33
062-0510-520.011-00 UNIFORM ALLOWANCE 177.96
062-0510-530 009-00 OTHER PROFESSIONALS 55,314.51
062-0510-540.039-00 MAINTENANCE CONTRA 327 30
Warrant List
Account Number
063-0340-520.010-00
063-0340-530.090-00
099-0000-220.050
099-0000-220.071
099-0000-220.092
099-0000-220.097
200-1080-550.106-00
226-0000-530.009-00
Project Account Key
None
Account Summary
Account Name
DEPT OPERATING SUPPL
MEMBERSHIPS/SUBSCRI
PERS PAYABLE
POA DEDUCT PAYABLE
CAL PERS 457 DEF COMP
CALIFORNIA STATE DISB
CONTRACT SERVICES- H
OTHER CONTRACTED SE
Grand Total:
Project Account Summary
Grand Total:
Payment Amount
102.25
1,195.00
13,213.92
540.00
1,121.16
330.46
19,401.87
4,666.00
496,298.24
Payment Amount
496,298.24
496,298.24
Post Dates: 06/19/2024 -07/02/2024
ITEM NO. 3
COUNCIL AGENDA ITEM
JULY 2, 2024
PREPARED BY: Sammy Joseph, Acting Chief of Police
SUBJECT: Annual Gustine Pentecost Society Celebration
BACKGROUND/DISCUSSION
Staff has received a request from the Gustine Pentecost Society (GPS) to hold their annual celebration. City Council authorization is necessary as the request encompasses the use of certain City streets and services. Two processions on July 20th will require police escort, but without street closures (Exhibits B & C). A procession on July 2ls, at 9:00AM, will also require a police escort (Exhibit D). A second procession on July 21 from Our Lady of Miracles Church returning to the GPS Hall will require "No Parking Signs" on Fifth Street from 4t Avenue to 3Avenue from 8:00 AM to 2:00 PM (Exhibit E).
GPS is requesting the streets around GPS Hall be barricaded beginning Saturday, July 20 at 6:00 AM through Monday, July 22 at 2:00 AM. This is shown in Exhibit A.
The procession routes are as follows:
Saturday, July 20th, 2024, beginning at 10:00 AM (Exhibit B)- Starting Linden Avenue at Our Lady of Miracles Church the procession will head north to Lucerne Avenue, continue east on Lucerne Avenue and turn north on West Avenue. At 2n Avenue, the procession will head eastbound, then south on 5 (Main) Street. The procession will then head west on 3 Avenue ending near the GPS Hall.
Saturday, July 20th, 2024, beginning at 8:00PM [Exhibit C) Starting on Linden Avenue at Our Lady of Miracles Church, the procession will head north to Lucerne Avenue, then east on Lucerne Avenue, continue east on Third Avenue and conclude at GPS Hall.
Sunday, July 212024, beginning at 9:00 AM(Exhibit D) Departing GPS Hall, heading west on Third Ave, continuing westbound on Lucerne. At Linden the procession will head southbound on Linden Avenue ending at Our Lady of Miracles Church.
Sunday, July 21",2024, beginning at 11:45 AM (Exhibit E) When the church service concludes, the procession will travel northbound on Linden Avenue, then eastbound at Lucerne Avenue. The procession will continue onto 3 Avenue. At 7I Street, the procession will head southbound, then eastbound on 4 Avenue. At 5t (Main) Street, the procession will continue northbound to Third Avenue where it will head westbound to conclude at GPS Hall.
FISCAL IMPACT
Total estimated Patrol overtime cost to Gustine Police Department- $2,500.00 Total estimated Public Works overtime relating to Celebration weekend- $1,000.00 TOTAL ESTIMATED OVERTIME LABOR----$3,500.00
Gustine Pentecost Society agrees to pay all expenses related to City services provided by the City of Gustine, however they are asking to minimize costs wherever possible.
Additional costs, including but not limited to, barricade rental, signs and other required materials will be paid for by the Gustine Pentecost Society. Additional costs generated by the event, which include preparation and cleanup by Public Works, will also be charged to the Gustine Pentecost Society.
RECOMMENDATION
Staff recommends City Council authorize the request to use City streets and services.
EXHIBIT(S)
A) Street Closure Diagram
B) Map of AM parade route for July 20, 2024 (morning)
C) Map of PM parade route for July 20, 2024 (evening)
D) Map of AM parade route for July 215, 2024 (morning)
E) Map of Noon parade route for July 215', 2024 (afternoon) APPROVED BY: ------------ Soknirorn Than, City Manager
II" _g,z
8 .
. .
Saturday July 20, 2024 Morning (10:00am)
The procession will start at the Shrine of Our Lady of Miracles on Linden to Lucerne to West Ave to 2" Ave to 5" Street to 3" Ave into front of GPS Hall
Saturday July 20, 2024 Evening (8:00pm)
The procession will start at the Shrine of Our Lady of Miracles on Linden to Lucerne to 3"° Ave into front of GPS Hall
Sunday July 21, 2024 Morning (9:00am )
The procession will start at the GPS Hall on 3" Ave to Lucerne to Linden on to The Shrine of Our Lady of Miracles.
·.
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ITEM NO. 4
COUNCIL AGENDA ITEM
JULY 2, 2024
PREPARED BY: Tiffany Vitorino, Recreation Manager
SUBJECT: National Night Out & Back to School Night Street Closure
BACKGROUND/DISCUSSION
National Night Out is celebrated throughout the U.S. and was created to enhance the relationship between community members and law enforcement while embracing a true sense of community.
The Recreation Department, along with participation from the Police Department, is requesting to hold the City's 3rd Annual National Night Out event on Friday August 9, 2024. This event will be in conjunction with the Back to School Movie Night event being planned at the Aquatics Center. Organizations will line the sidewalk area along 3 Ave under the solar panels to hand out school supplies. On the other side of the street the Police and Fire Departments will have their vehicles on display for tours, a free drawing and will hand out school supplies and other goodies to share with the community. Food vendors (if approved) and a kid's zone will be available for the community to enjoy and to encourage additional community participation. The event will be from 6:00 PM until 8:00 PM. The Aquatics Center will open at 8:00 PM for the Movie Night.
Staff is requesting Council's approval to close 3 Ave between 6t Street and the alley west of the Fire Department to allow patrons to walk safely throughout the event. Staff is asking for the street to be closed from 5:00 PM until 8:30 PM to allow for setup and cleanup. "No Parking" signs will be placed in the appropriate areas for the event.
According to the Gustine Municipal Code Section 5-6-3, mobile kitchen type vendors are only allowed in manufacturing districts, except otherwise by special permission of the City Council during festivals, parades and other public events. If approved, staff will ensure that proper permits and licenses are obtained. The Recreation Department will submit the proper paperwork to Merced County Environmental Health Department to obtain the appropriate health permits for the event and vendors.
FISCAL IMPACT
Staff will be seeking donations from local businesses to be able to provide supplies and prizes for the event. Staff time at $750 consists of 3 reserve officers to attend and staff time to setup. This cost is already budgeted in the Fiscal Year 2024-205 budget.
RECOMMENDATION
Approve staff's request to use City streets and services for a National Night Out celebration, and to allow mobile food vendors to attend the event.
EXHIBIT(S)
A) Street closure map
-1j--
- APPROVED BY: _
Soknirorn Than, City Manager
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ITEM NO.5
COUNCIL AGENDA ITEM
JULY 2, 2024
PREPARED BY: Melanie Correa, Administrative Services Director SUBJECT: Updates to Paid Sick Leave Policy for Part-Time, Temporary and Seasonal Employees
BACKGROUND/DISCUSSION
In October 2015, City Council adopted a Paid Sick Leave Policy for Part-Time, Temporary and Seasonal employees. This action was in response to the Healthy Workplace Healthy Families Act of 2014 (AB 1522) that became effective on July l, 2015.
The law requires employers to provide 24 hours (or three days) of paid sick leave to assist employees who miss work due to their own illness or medical appointments or an illness or medical appointment of a qualified family member during their employment.
In January 2024, SB 616 updated the mandate to expand the annual amount of leave that employers must provide to 40 hours (or five days if the regular shift is more than 8 hours).
Exhibit B to this staff report is a redlined version of the previously adopted policy, outlining the changes resulting from the updated state law.
This specific leave type is front-loaded for eligible employees on July l of each year. This aligns the twelve-month period with the City's fiscal year. Once the updated policy is approved by Council, applicable employees will be credited an additional 16 hours (or two days) for the FY 23-24 period that is retroactive to the effective date of SB 616 [January 2024). On July 1, 2024, eligible employees will be credited the full amount of applicable paid sick leave for FY 24-25. As per the policy, employees may carryover unused leave amounts, provided the carryover not exceed 80 hours.
RECOMMENDATION
Council review the policy and approve the resolution adopting the updated policy.
ATTACHMENTS
A) Resolution
B) Redlined Paid Sick Leave Policy for Part-Time, Temporary and Seasonal Employees
APPROVED BY: _
Soknirorn Than, City Manager
RESOLUTION 2024-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE APPROVING AN UPDATED
PAID SICK LEAVE POLICY FOR PART-TIME, TEMPORARY AND SEASONAL EMPLOYEES WHEREAS, on September 10, 2014, the Governor of the State of California signed the Healthy Workplaces, Healthy Families Act of 2014 (AB 1522) providing paid sick leave for covered employees effective July 1, 2015; and WHEREAS, the City of Gustine wishes to establish a paid sick leave policy pursuant to AB 1522 for part-time, temporary and seasonal employees; and WHEREAS, the City Council adopted a Paid Sick Leave Police for Part-Time, Temporary and Seasonal employees at their regular meeting on October 20, 2015, and WHEREAS, effective January 1, 2024, Senate Bill 616 updated the law, increasing the mandated amount of leave an employer must make available to Part-Time, Temporary and Seasonal employees from 24 hours (or 3days, whichever is greater), to 40 hours ( or 5 days, whichever is greater; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Gustine hereby adopts an updated version of the City of Gustine Paid Sick Leave Policy for PartTime, Temporary and Seasonal Employees attached as Exhibit A to this resolution.
THE FOREGOING RESOLUTION of the City Council of the City of Gustine was passed by the City Council at a regular meeting held on the 2n day of July, 2024 the resolution was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
ATTEST:
Melanie Correa, Deputy City Clerk
City of Gustine
Patrick Nagy, Mayor
City of Gustine
City of Gustine
Paid Sick Leave Policy
for
Part-Time, Temporary and Seasonal Employees
City of Gustine
Paid Sick Leave Policy for Part-Time, Temporary and Seasonal Employees Page2
Adopted by Gustine City Council on October 15, 2015
Updated_by Gustine City Council on July 2,2024
In accordance with the Healthy Workplaces, Healthy Families Act of 2014 (AB 1522), which was signed into law on September 10, 2014, California employers are required to provide part-time, temporary and seasonal employees with one hour of paid sick leave for every 30 hours worked, beginning on July 1, 2015. The law further allows employers to provide 24 hours ( or three days, whichever is greater) of paid sick leave up front as an alternative method of satisfying this new requirement.
On January l . 2024. in accordance with SB6 I 6. the law was further amended to increase the amount of paid sick leave employers are required to provide to 40 hours ( or five days, whichever is greater) of paid sick leave.
The City of Gustine ("Agency) will provide each part-time, temporary and seasonal employee 24 40 hours (or three five days, whichever is greater) at the beginning of each 12-month period. An employee is not eligible to begin using any accrued paid sick leave until after 90 days of employment with the City of Gustine.
Furthermore the following conditions will apply:
• An employee who works 30 or more days in a twelve month period is entitled to paid sick leave.
• An employee can only accrue paid sick leave up to a cap of 610 days or 4880 hours, whichever is greater, ongoing. Sick leave does not accrue once the cap is reached, but accrual begins again when accrued sick leave drops below the cap.
Any unused accrued sick leave carries over year to year while continuously employed.
• An employee may use the first 53 days or 2440 hours of accrued paid sick leave in a 12-month period for one of the following reasons:
o For the employee's own diagnosis, care, or treatment of an existing health condition or preventative care.
o For the diagnosis, care, or treatment of an existing health condition or preventative care for an employee's family member, including:
• Child (including a biological, adopted or foster child, step child, legal ward or a child to whom the employee stands in loco parentis)
• Spouse or Registered Domestic Partner
• Parent (including biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee's spouse or 2
City of Gustine
Paid Sick Leave Policy for Part-Time, Temporary and Seasonal Employees
registered domestic partner, or a person who stood in loco parentis when the employee was a minor child)
• Grandparent
• Grandchild
• Sibling
o To obtain relief or services related to being a victim of domestic violence, sexual assault, or stalking, including the following with appropriate certification of the need for such services:
■ A temporary restraining order or restraining order.
■ Other injunctive relief to help ensure the health, safety or welfare of themselves or their children.
• To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking.
• To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking.
• To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking.
• To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.
• An employee shall provide reasonable advance notification of their need to use accrued paid sick leave to their supervisor if the need for paid sick leave is foreseeable (e.g., doctor's appointment scheduled in advance). If the need for paid sick leave use is unforeseeable, the employee shall provide notice of the need for the leave to their supervisor as soon as is practicable. • An employee who uses paid sick leave must do so with a minimum of one hour of sick leave.
• Paid sick leave will not be considered hours worked for purposes of over-time calculation.
• Paid sick leave will not be considered hours worked for purposes of earning paid sick leave.
• An employee will not receive compensation for unused accrued paid sick leave upon termination, resignation, retirement or other separation from employment from the Agency.
• If an employee separates from Agency employment and is re-hired by the Agency within one year of the date of separation, previously accrued and unused paid sick 3
City of Gustine
Paid Sick Leave Policy for Part-Time, Temporary and Seasonal Employees Page4
leave hours shall be reinstated. However, if a rehired employee had not yet met the requisite 90 days of employment to use paid sick leave at the time of separation, the employee must still satisfy the 90 days of employment requirement collectively over the periods of employment with the Agency before paid sick leave can be used.
Employee's name (printed)
Employee's signature
Date
Copy to: 1) Employee
2) Employee's personnel file (original)
Note to employee: The original of this Agreement will be placed in your personnel file. A copy of this Agreement has been furnished to you and is acknowledged by your signature.
4
ITEM NO. 6
COUNCIL AGENDA ITEM
JULY 2, 2024
PREPARED BY: Melanie Correa, Administrative Services Director SUBJECT: First Amendment to Contracted Employment Agreement with Shawn Davidson, for Water/Wastewater/Utility Project
Management/Consulting
BACKGROUND/DISCUSSION
In June 2023, the City approved a one-year Contract Employee Agreement between the City and Shawn Davidson for the services of Public Works Utilities Project Consultant to oversee all facets of projects relating to the City's water distribution systems, wastewater systems, and treatment facility, including mandated reporting.
Over the past year, Mr. Davidson has provided tremendous support to the City's Public Works department in the form of mandated reporting submissions, including the City's Consumer Confidence Report, and Electronic Annual Report on water. Mr. Davidson also provided training and info share opportunities to departmental staff as a means of ensuring City staff is involved in the reporting techniques and data collection processes.
As the City recruits and welcomes a Public Works Utilities Supervisor, as approved in the FY25 budget, Mr. Davidson will be instrumental in getting this employee up to speed in the numerous nuances of the water and wastewater departments.
As such, the City wishes to extend Mr. Davidson's Contract Employment Agreement for an additional twelve-month period, from July 1, 2024 through June 30, 2025. Exhibit A to this staff report outlines the City's offer of First Amendment, which includes an extended term end date as well as updated language to the Paid Sick Leave language, in accordance with state law. The balance of the contract will remain the same, including the hourly rate, which will remain at $68 per hour, as established in the original Contract Employment Agreement.
FISCAL IMPACT
The approximate fiscal impact for the approval of this agreement will be $36,000 per fiscal year and will be paid from the Sewer Fund (Fund 061) and Water Fund [Fund 060).
RECOMMENDATION
Approve the First Amendment to Contracted Employment Agreement with Shawn Davidson.
EXHIBIT(S)
A) First Amendment to Contract Employee Agreement
APPROVED: _
Soknirorn Than, City Manager
Public Works Utilities Project Consultant
First Amendment to Contract Employee Agreement
City of Gustine
This AMENDMENT to Contract Employee Agreement ("Amendment") is made and entered into this _day of July 2024 by and between the City of Gustine, County of Merced, State of California, a municipal corporation (hereinafter referred to as the "City") and Shawn Davidson (hereinafter referred to as "Contract Employee").
RECITALS
A Whereas on July 1, 2023, the City and Contract Employee entered into that certain Contract Employment Agreement ("Agreement") to retain the services of Contract Employee as Public Works Utilities Project Consultant for the City, the term of which commenced on July 1, 2023; and
B. Whereas, the Agreement provides, among other things, for a specific term; and
C. Whereas, the City Manager desires to extend the term of the Agreement, for an additional year, concluding on June 30, 2025.
NOW THEREFORE, THE CITY AND CONTRACT EMPLOYEE HEREBY AGREE AS FOLLOWS:
1. Section 2.2 (Paid Sick Leave) is hereby amended to provide as follows:
Paid Sick Leave. City will provide Employee with Paid Sick Leave consistent with state law, as of the effective date of the Amendment by the "Lump Sum Method", in which Contract Employee receives the greater of five (5) work days or forty (40) hours of sick leave to use yearly. Unused sick leave may be carried over from year to year provided that the maximum balance be no greater than eighty (80) hours.
2. Section 4.1 a (Term of Amendment) is hereby established to read as:
This Amendment shall extend original Agreement for an additional twelve (12) months from the effective date of the Amendment.
There shall be no automatic renewal upon the termination of this 1
Amendment. Failure to effect a subsequent written Agreement or Amendment shall result in the termination of this Amendment.
3. Except as otherwise specifically set forth herein, the balance of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, each of the parties have caused this First Amendment to be executed as of the date set forth below.
CITY MANAGER
Soknirorn Than
2 CONTRACT EMPLOYEE
Shawn Davidson
ITEM NO. 7
COUNCIL AGENDA ITEM
JULY 2, 2024
PREPARED BY: Melanie Correa, Administrative Services Director SUBJECT: Council Approval of Updated Gustine Employee Salary Schedule
BACKGROUND/DISCUSSION
In 2023, Council adopted amendments to the Memorandums of Understanding (MOU) with its three employee bargaining groups: Gustine Public Works Association, Gustine Clerks Association, and Gustine Police Officers Association. The 2023 amendments all accounted for a two-year term, and included cost of living adjustments for the groups effective July l, 2023 and July l, 2024.
Updates to the existing employee salary schedule are highlighted in red for ease of identification and comparison. Approval of this item by City Council formalizes the salary schedule for use and reference by the California Public Employee Retirement System.
FISCAL IMPACT
As outlined in the approved MOU amendments, salaries are adjusted upwards accordingly:
Gustine Public Works Association - 3%
Gustine Clerks Association -- 3%
Gustine Police Officers Association -- 4%
These salary increases have been accounted for within the adopted FY2024-2025 financial budget.
RECOMMENDATION
Council review and approve a resolution adopting an updated salary schedule for all employees of the City of Gustine.
EXHIBIT(S)
A) Resolution
B) Annual Salary Schedule, effective July 1, 2024
.A )
APPROVED BY: _
Soknirorn Than, City Manager
RESOLUTION 2024-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE ADOPTING
AN UPDATED GUSTINE EMPLOYEE SALARY SCHEDULE
WHEREAS, in 2023, the Gustine City Council adopted amendments to the Memorandums of Understanding with its three employee bargaining groups: Gustine Public Works Association, Gustine Clerks Association, and Gustine Police Officers Association; and,
WHEREAS, the 2023 amendments all accounted for a two-year term, and included cost of living adjustments for the groups effective July 1, 2023 and July 1, 2024; and,
WHEREAS, accordance with Public Employees Retirement law (PERL) and the Public Employees' Pension Reform Act of 2013 (PEPRA) the California Public Employees Retirement System determines earnable and pensionable compensation in accordance with amounts identified on publicly available pay schedules; and WHEREAS, Council action is required to formalize the employee salary schedule adoption; and,
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Gustine adopts the attached Gustine Employee Annual Salary Schedule effective July 1, 2024.
THE FOREGOING RESOLUTION of the City Council of the City Gustine was passed by the City Council at a noticed regular meeting held on the 2n day of July 2024, the resolution was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
Patrick Nagy, Mayor
City of Gustine
ATTEST:
Melanie Correa, Deputy City Clerk
City of Gustine
Account Clerk
Accounting Technician
Administrative Assistant
Administrative Services Director
City Manager
Community Services Officer
Custodian
Economic/Community Development Director
Finance Director
Maintenance Worker
Police Chief
Police Officer
Police Sergeant
Public Works Director
Public Works Supervisor
Records Clerk
Recreation Manager
Wastewater Operator
Water Distribution Operator
Based on employment agreement.
Public Works Utilities Project Consultant
Lifeguard I
Lifegguard II
Lead Lifegaurd
CITY OF GUSTINE
ANNUAL SALARY SCHEDULE
Effective July 1 2024
Adopted July 2, 2024
Annual Amounts
A B C D E F
$44,182 $46,391 $48,711 $51,147 $53,704 $56,389
$48,140 $50,549 $53,075 $55,728 $58,514 $61,440
$46,593 $48,921 $51,368 $53,936 $56,633 $59,465
$85,000* N/A N/A N/A N/A $90,177°
$144,348 N/A N/A N/A N/A $156,249*
$45,244 $47,507 $49,881 $52,375 $54,994 $57,744
$43,531 $45,709 $47,994 $50,394 $52,913 N/A
$82,000 N/A N/A N/A N/A $86,994
$88,000* N/A N/A N/A N/A $99,564
$43,552 $45,731 $48,018 $50,416 $52,938 N/A
$103,000° N/A N/A N/A N/A $111,491
$61,175 $64,233 $67,445 $70,817 $74,358 N/A
$77,359 $81,228 $85,290 $89,556 $94,033 N/A
$88,000* N/A N/A N/A N/A $99,045
$64,230* N/A N/A N/A N/A $68, 142*
$50,136 $52,643 $55,275 $58,039 $60,941 $63,988
$47,928° N/A N/A N/A N/A $51,834
$54,191 $56,900 $59,746 $62,732 $65,869 N/A
$46,075 $48,379 $50,798 $53,337 $56,005 N/A
Hourly Consultants
$68.00/hour • Limited duration based on employment contract.
Seasonal Employees
$16.00/hour ••• Current CA Minimum Wage
$17.00/hour
$19.00/hour
ITEM NO. 8
COUNCIL AGENDA ITEM
JULY 2, 2024
PREPARED BY: Soknirorn Than, City Manager
SUBJECT: City Manager Pro Tempore Appointment
BACKGROUND
The role of the City Manager Pro Tempore is to ensure continuity of executive leadership and operational stability within the City. This position is crucial during periods when the City Manager is unavailable due to leave, illness, or other reasons. As some of these leaves can happen unexpectedly with no warning, it is pertinent that the City has the operational leadership identified in advance.
Per Gustine Municipal Code section 2-4-40, the City Manager shall appoint one of the other officers or department heads of the City to serve in this role during any temporary absence or disability of the City Manager. This appointment is subject to approval by the City Council.
DISCUSSION
Melanie Correa has demonstrated exemplary performance and leadership in her current role as the Administrative Services Director. Her extensive experience in municipal management, combined with a deep understanding of the City's operational and strategic objectives, makes her an ideal candidate for this appointment.
It is also worth noting that Mrs. Correa has served as the Interim City Manager from August 2023 to January 2024.
FISCAL IMPACT
There is no fiscal impact to this appointment.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving the appointment of Melanie Correa as City Manager Pro Tempore.
EXHIBIT(S)
A) Resolution
RESOLUTION XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE APPROVING THE
APPOINMENT OF MELANIE CORREA AS THE CITY MANAGER PRO TEMPORE WHEREAS, the City recognizes the necessity of ensuring continuity in executive leadership and operational stability; and
WHEREAS, the position of City Manager Pro Tempore is critical to maintain the effective and efficient administration of city operations in the absence or unavailability of the City Manager; and
WHEREAS, Melanie Correa has demonstrated exceptional leadership, extensive experience, and a deep commitment to the City through her service in various capacities; and
WHEREAS, Melanie Correa is well-qualified to perform the duties and responsibilities of the City Manager Pro Tempore, ensuring the continued smooth operation of the City's functions;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gustine does hereby approve the appointment of Melanie Correa as the City Manager Pro Tempore.
THE FOREGOING RESOLUTION of the City Council of the City of Gustine was passed at a regular meeting held on the 2 day of July, 2024, the resolution was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
Patrick Nagy, Mayor
City of Gustine
ATTEST:
Melanie Correa, Deputy City Clerk
City of Gustine
ITEM NO. 9
COUNCIL AGENDA ITEM
JULY 2, 2024
PREPARED BY: Sammy Joseph, Chief of Police
Soknirorn Than, City Manager
SUBJECT: Update: San Joaquin Valley Air Pollution Control District Vehicle Grant in the Amount of $40,000.00
BACKGROUND/DISCUSSION
In October 2021 at a regular meeting, the City Council authorized staff to submit an application to the San Joaquin Valley Air Pollution Control District (SJVAPCD) to provide partial funding to replace two police patrol vehicles. The grant was awarded in May 2022 for a total of $40,000.00 to replace two patrol vehicles with two 2022 Ford Explorer Hybrid Electric Vehicles. Unfortunately, between May 2022 and May 2023 there was no inventory available for purchase. Considering the May 2023 grant deadline, staff reached out to SJV APCD to inquire about reprograming the funds to other Alternative Fuel Vehicles. SJVAPCD informed staff that reprogramming the funds to other alternative fuel vehicles such as the Gem WAEV E4 Battery-Electric Golf Cart would be acceptable.
To avoid losing the funding, staff executed an amendment to the grant agreement reprogramming the funds to purchase two (2) new Gem WAEV E4 Battery-Electric Golf Carts. These two carts are anticipated to replace the existing Zeronox electric Tuatara off-road golf cart currently used by the Recreation Department, with the other cart supplementing the Police Department's fleet. The Zeronox cart will be reassigned to the Public Works Department for continued use.
The two new carts are scheduled for delivery on the first week of July and will be used by police department and recreation staff at various events.
FISCAL IMPACT
The total cost of the two carts is $47,000. $40,000 of which will be reimbursed by the SJVAPCD grant funding. The remaining $7,000 has already been budgeted for in the General Fund (Fund 001) in the FY2023-2024 budget.
RECOMMENDATION
Informational Item. No Action Required.
EXHIBIT(S}
(A) GEM WAEV E4 Specifications
Exhibit A - Vehicle Specification
GEM e4 Small Electric
Vehicle
Do More With a Street-Legal Small EV.
With an automotive-like driving experience, superior comfort, enhanced safety features, and spacious and comfortable cabsthe GEM e4 is not a golf cart. It's o street-legal, eco-friendly electric vehicle engineered tor individuals, cities, campuses and communities tor local driving
Federally clossitied as a low-speed vehicle (Lsv), its low speeds and sarety features promote a safer environment for vehicles and pedestrians to coexist.
1-4
Seating
106 mi
Range up to between charges
135 in
Length
55.5 in
Width
GEM e4 Specs & Dimensions
Length 135 in (342 cm)
Width 55.5 in (141 cm)
Height 73 in (186 cm)
Turning Radius
Wheelbase
Front Suspension
173 in (439 cm)
101 in (256.5 cm)
MacPherson Strut
5.6 in (14 cm) travel
wheels 13in DOT street-rated 155/80 RI3
Ground Clearance 8 in (20.3 cm)
Rear Suspension Independent Trailing Arm
6 in (15 cm) travel
Dry Weight 1,350 lbs (612 kg)
Wheels
Ground Clearance
Rear Suspension
Dry Weight
GVW
Payload Capacity
13 in DOT street-rated 155/80 RI3
8 in (20.3 cm)
Independent Trailing Arm
6 in (15 cm) travel
1,350 1bs (612 kg)
2,500 lbs (1,134 kg)
1,150 lbs (522 kg)
Maximum Cargo Capacity
Motor Size
Motor Type
330 lbs (150 kg)
5.0kW/ 6.7 HP
AC Induction
Battery
Top Speed
Brakes (Front/Rear)
Charger
Flooded, maintenance-free AGM, distance AGM, or Li-ion
25 mph (40 kmh)
Disk/Hydraulic drum
Onboard 1 kW charger standard included
ITEM NO. 10
COUNCIL AGENDA ITEM
JULY 2, 2024
PREPARED BY: Soknirorn Than, City Manager
SUBJECT: Award Contract for On-Call Material Testing Geotechnical Engineering Services with Earth Systems, Incorporated
BACKGROUND
The City requires the services of qualified geotechnical engineering firms to support various public works projects, including infrastructure improvements, road construction, and development projects. These services are essential for ensuring the safety, stability, and longevity of the City's infrastructure.
Additionally, State and Federal grants require that the City follow a strict competitive Request for Qualifications (RFQ} process for projects to be eligible for funding. On March 27, 2024 staff and the City Engineer's office released an RFQ for On-Call Materials Testing and Geotechnical Engineer Services. The scope includes:
1. Geotechnical Engineering Investigations - The Consultant shall conduct exploratory borings and penetration tests to evaluate soil consistency and obtain information for engineering properties of subsoils. Retail soil samples for laboratory testing. Visually classify soils in accordance with the Unified Soil Classification System. Conduct all field work under the supervision of a Geotechnical Engineer. Conduct laboratory testing based on the field testing results and sampling program and on the foundation system criteria.
Conduct dry density determinations, moisture contents, expansion tests, direct shear tests, and consolidation tests. Present the results of the field exploration, laboratory testing, and engineering analysis on a Geotechnical Engineering Investigation Report to include at a minimum sections for introduction, site description, geologic setting, soils profile and subsurface conditions, groundwater conditions, engineering conclusions and recommendations for site preparation (i.e. over-excavation, non-expansive fills, compaction requirements, utility trench requirements, mitigation measures for expansive soils) and structure requirements (i.e bearing capacity for various foundations designs, footing depth requirements, anticipated settlement, floor slab reinforcement, moisture barrier requirements, lateral earth pressures, chemically reactive soil conditions related to construction materials, site class, site coefficients, design spectral response acceleration parameters}, site plan and boring locations, boring logs, and discussion of field and laboratory testing methods.
2. Materials Sampling and Testing - The Consultant shall provide field sampling and testing, laboratory testing, independent assurance, equipment calibration, materials analysis and evaluation, calculations, reports, plant inspection, visit quarries and mine pits of source materials, and maintain project files indexed in accordance with the California Test Methods
Manual. Provide sampling and acceptance testing for construction materials including, but not limited to, concrete, aggregates, soils, cement, metals, masonry blocks, hot mix asphalt, asphalt binder, structural steel, and rebar. Provide sampling of fresh concrete, asphalt, aggregate, soil, and other related materials. Provide field nuclear gauge compaction tests on aggregate base, subgrade, and other related materials. Provide core sampling of cured concrete, pavement, and other related materials.
Provide field testing on concrete slump, soil compaction, and other related materials. Provide field testing of welds and bolted connections. The Consultant shall inspect roadway material processing plants operation during the production of Asphalt Concrete, Portland Cement Concrete, and other related materials. The Consultant shall sample and test rock and sand according to the California Test Methods Manual. The Consultant shall also obtain samples of oil binders, cements, and admixtures in accordance with the California Test Methods Manual. The Consultant shall visit quarries and mine pits to witness material source sampling, stockpiling and testing samples of binders, cement admixtures and other related materials. Field work may include night work. The Consultant shall complete the laboratory testing at their own designated facility. The Consultant shall prepare a project specific Materials Sampling, Acceptance, and Independent Assurance Testing Plan in accordance with the CITY's Quality Assurance Plan (QAP), the project's plans and specifications, and the Caltrans Standard Specifications. The Consultant shall maintain a sequential Summary Log of Acceptance Testing as the project progresses, and shall monitor the frequency of testing to assure consistency with the CITY's QAP.
3. Quality Assurance Services - Quality assurance materials sampling and testing work consists of performing CITY or ASTM test methods. The frequency and testing requirements are found in the CITY's QAP. Reports shall be provided to the CITY within one day of test compaction via email or hand delivery. Laboratory tests shall begin the next business day after samples are received at the lab. Test reports shall indicate the CITY job number, date/time sample taken, and project name. A monthly summary of tests performed by job number shall be submitted at the end of each month.
Field and laboratory testing required for assurance testing must be performed by individuals certified through the Caltrans Independent Assurance Program. Certifications demonstrating each individual's qualification to perform any required testing shall be provided to the CITY prior to any testing work done. The laboratory in which all necessary CITY tests are performed for assurance testing shall be certified through the Caltrans Independent Assurance Program. All qualifications shall be kept current at all times and shall be provided to the CITY prior to work. The range of tests that may be required for CITY projects is provided in the CITY's QAP.
4. Construction Inspections - Consultant shall provide construction inspection to ensure the construction contract's compliance with the project specifications as required.
This RFQ closed on April 25, 2024 and the City received four proposals. l. Krazan & Associates, Inc. - Clovis, CA
2. More Twinning Associates, Inc. - Fresno, CA
3. River City Geoprofessionals, Inc. dba UES - Stockton, CA
4. Earth Systems, Inc. - Hollister, CA
DISCUSSION
To be eligible for State and Federal Grants the City Engineer follows the Architecture and Engineer Procurement process as described in the Caltrans Guiding Document.
This includes Cost Proposal Format, Advertisement Requirements, Disadvantage Business Enterprise Reporting, and Selection Criteria.
An evaluation committee comprised of City staff reviewed the proposals and conducted interviews with the top candidates. Based on their comprehensive evaluation, the committee recommends the selection of Earth Systems, Inc. for on-call material testing and geotechnical engineering services.
Earth Systems, Inc. conducted a thorough review of the City master plan, CIP project list, and on-going projects. They also have extensive experience and expertise in geotechnical engineering and materials testing and inspections for public works projects including pavement construction and rehabilitation, new construction, overlays, recycled materials, permeable pavers, and stabilization of poor subgrade conditions. The company currently employs a total of 140 registered geotechnical engineers, materials engineers, certified engineering geologists, inspectors and technicians. They currently have 11 offices in California. The office that will serves the City of Gustine is based in Hollister, Ca.
FISCAL IMPACT
The costs for material testing and geotechnical engineering services will be funded through the existing budget allocations for the respective projects requiring these services. Utilizing on-call contracts will allow the City to manage costs more effectively and ensure timely access to these services.
The term of the agreement will be for five (5) years with a not-to-exceed amount of $200,000 annually for a total agreement not-to-exceed amount of $1,000,000.00.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a Professional Services Agreement with Earth System, Inc. for the On-Call Material Testing and Geotechnical Engineering Services.
EXHIBIT(S)
A) Resolution
B) Professional Services Agreement - Earth Systems, Inc.
RESOLUTION XXXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREMENT WITH EARTH SYSTEM, INC.
FOR ON-CALL MATERIAL TESTING AND GEOTECHNICAL ENGINEERING SERVICES WHEREAS, cities similar to the City of Gustine routinely enter into Professional Service Agreements (PSA) for specialized professional functions for a variety of reasons; and WHEREAS, the City of Gustine relies upon contracted services with outside consultants for specialized services such as material testing and geotechnical engineering services; and
WHEREAS, the City completed a Request for Qualifications process that received four submissions prior to the April 25, 2024 due date; and WHEREAS, the internal review panel found that Earth Systems, Inc. is the highest qualified firm for the work proposed based upon their submittals; WHEREAS, the City has a variety of capital improvement projects now and in the foreseeable future that will require the City to utilize these specialized services; and WHEREAS, having an existing PSA with a firm will provide the City maximum flexibility to address ongoing and emerging needs in the future and provide potential time and cost savings;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gustine does hereby authorize the City Manager to enter into a Professional Services Agreement for OnCall Material Testing and Geotechnical Engineering Services with Earth System, Inc.
THE FOREGOING RESOLUTION of the City Council of the City of Gustine was passed at a regular meeting held on the 2n day of July, 2024, the resolution was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
Patrick Nagy, Mayor
City of Gustine
ATTEST:
Melanie Correa, Deputy City Clerk
City of Gustine
CONSULTANT SERVICES CONTRACT
(For Local Assistance Federal-Aid Projects)
ARTICLE I INTRODUCTION
A. This AGREEMENT is between the following named, hereinafter referred to as, CONSULT ANT and the following named, hereinafter referred to as, LOCAL AGENCY:
The name of the "CONSULT ANT" is as follows:
Earth Systems
Incorporated in the State of California
The Project Manager for the "CONSULT ANT" will be Amir
Khodadadi
The name of the "LOCAL AGENCY" is as follows:
City of Gustine
The Contract Administrator for LOCAL AGENCY will be Soknirom Than B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSUL TANT's Cost Proposal as shown in Attachment A. The approved CONSULT ANT's Cost Proposal is attached hereto (Attachment A) and incorporated by reference. Total amount payable to the Consultant shall not exceed $200,000.00 annually, for a total amount of $1,000,000.00 for a total contract performance period not to exceed 5 years. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.
C. CONSUL TANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless LOCAL AGENCY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys' and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of LOCAL AGENCY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.
D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto.
CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of City.
E. LOCAL AGENCY is not required to make any deductions or withholdings from the compensation payable to CONSULT ANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULT ANT's assigned personnel. CONSULT ANT, in the performance of its obligation hereunder, is only subject to the control or direction of the LOCAL AGENCY as to the designation of tasks to be performed and the results to be accomplished.
F. Any third-party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds LOCAL AGENCY harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.
G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULT ANT shall not subcontract any work, without the prior written On-Call Materials Testing and Ge0technical Engineering Services Page 1
approval of the LOCAL AGENCY. However, claims for money due or which become due to CONSUL TANT from City under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the LOCAL AGENCY.
H. CONSULT ANT shall be as fully responsible to the LOCAL AGENCY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULT ANT.
I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.
J. The consideration to be paid to CONSULT ANT as provided herein, shall be in compensation for all of CONSULTANT's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.
ARTICLE II CONSULTANT'S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports on each specific project in accordance with the Task Order.
These reports shall be submitted at least once a month. The report should be sufficiently detailed for LOCAL AGENCY's Contract Administrator or Project Coordinator to determine, if CONSUL TANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.
B. CONSULT ANT's Project Manager shall meet with LOCAL AGENCY's Contract Administrator or Project Coordinator, as needed, to discuss progress on the project(s).
ARTICLE III STATEMENT OF WORK
The CITY is responsible for constructing a variety of transportation and water resources related projects every year that are state and federally funded. Some of the more typical projects include roadway rehabilitation, widening, new roadways, traffic facilities, sidewalks, bike paths, pipelines, and foundations. Specifically, the City is currently working on the design for the construction of a traffic roundabout. In order to comply with state and federal regulations and due to limited staffing and expertise, certain services are contracted out. The Consultant shall perform field exploration and prepare geotechnical engineering investigation reports, field sampling and acceptance testing, analysis, calculations and reports, independent assurance, plant inspection, equipment calibration, certified field and laboratory testing, construction inspection and other services as deemed necessary by the CITY for which the Consultant is qualified related to federal and state funded projects.
A. CONSULT ANT Services (see Attachment B)
• Geotechnical Engineering Investigations The Consultant shall conduct exploratory borings and penetration tests to evaluate soil consistency and obtain information for engineering properties of subsoils. Retail soil samples for laboratory testing. Visually classify soils in accordance with the Unified Soil Classification System.
Conduct all field work under the supervision of a Geotechnical Engineer. Conduct laboratory testing based on the field testing results and sampling program and on the foundation system criteria. Conduct dry density determinations, moisture contents, expansion tests, direct shear tests, and consolidation tests. Present the results of the field exploration, laboratory testing, and engineering analysis on a Geotechnical Engineering Investigation Report to include at a minimum sections for introduction, site description, geologic setting, soils profile and subsurface conditions, groundwater conditions, engineering conclusions and recommendations for site preparation (i.e. over-excavation, non-expansive fills, compaction requirements, utility trench requirements, mitigation measures for expansive soils) and structure requirements (i.e bearing capacity for various foundations designs, footing depth requirements, anticipated settlement, floor slab reinforcement, moisture barrier requirements, lateral earth pressures, chemically reactive soil conditions related to construction materials, site class, site coefficients, design spectral response acceleration parameters), site plan and boring locations, boring logs, and discussion of field and laboratory testing methods. • Materials Sampling and Testing - The Consultant shall provide field sampling and testing, laboratory testing, independent assurance, equipment calibration, materials analysis and evaluation, calculations, reports, plant inspection, visit quarries and mine pits of source materials, and maintain project files indexed in accordance On-Call Materials Testing and Ge0technical Engineering Services Page 2
with the California Test Methods Manual. Provide sampling and acceptance testing for construction materials including, but not limited to, concrete, aggregates, soils, cement, metals, masonry blocks, hot mix asphalt, asphalt binder, structural steel, and rebar. Provide sampling of fresh concrete, asphalt, aggregate, soil, and other related materials. Provide field nuclear gauge compaction tests on aggregate base, subgrade, and other related materials. Provide core sampling of cured concrete, pavement, and other related materials. Provide field testing on concrete slump, soil compaction, and other related materials. Provide field testing of welds and bolted connections. The Consultant shall inspect roadway material processing plants operation during the production of Asphalt Concrete, Portland Cement Concrete, and other related materials. The Consultant shall sample and test rock and sand according to the California Test Methods Manual. The Consultant shall also obtain samples of oil binders, cements, and admixtures in accordance with the California Test Methods Manual. The Consultant shall visit quarries and mine pits to witness material source sampling, stockpiling and testing samples of binders, cement admixtures and other related materials. Field work may include night work. The Consultant shall complete the laboratory testing at their own designated facility. The Consultant shall prepare a project specific Materials Sampling, Acceptance, and Independent Assurance Testing Plan in accordance with the CITY's Quality Assurance Plan (QAP), the project's plans and specifications, and the Caltrans Standard Specifications.
The Consultant shall maintain a sequential Summary Log of Acceptance Testing as the project progresses, and shall monitor the frequency of testing to assure consistency with the CITY's QAP. • Quality Assurance Services Quality assurance materials sampling and testing work consists of performing CITY or ASTM test methods. The frequency and testing requirements are found in the CITY's QAP. Reports shall be provided to the CITY within one day oftest compaction via email or hand delivery. Laboratory tests shall begin the next business day after samples are received at the lab. Test reports shall indicate the CITY job number, date/time sample taken, and project name. A monthly summary of tests performed by job number shall be submitted at the end of each month. Field and laboratory testing required for assurance testing must be performed by individuals certified through the Caltrans Independent Assurance Program. Certifications demonstrating each individual's qualification to perform any required testing shall be provided to the CITY prior to any testing work done. The laboratory in which all necessary CITY tests are performed for assurance testing shall be certified through the Caltrans Independent Assurance Program. All qualifications shall be kept current at all times and shall be provided to the CITY prior to work. The range of tests that may be required for CITY projects is provided in the CITY's QAP.
• Construction Inspections - Consultant shall provide construction inspection to ensure the construction contract's compliance with the project specifications as required.
B. RightofWay
Not Applicable
C. Surveys
Not Applicable
D. Subsurface Investigations
Not Applicable
E. Local Agency Obligations
All data applicable to the project and in possession of LOCAL AGENCY, another agency, or government agency that are to be made available to CONSULT ANT are referred to in the AGREEMENT. Any other assistance or services to be furnished to CONSULT ANT are to be stated clearly.
F. Conferences, Site Visits, Inspection of Work
This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the LOCAL AGENCY, State, and/or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee.
G. Checking Shop Drawings
See Section A Consultant Services
H. CONSULT ANT Services During Constrnction
The extent, if any of CONSULT ANT' s services during the course of construction as material testing, On-Call Materials Testing and Ge0technical Engineering Services Page 3
construction surveys. etc., are specified in the AGREEMENT together with the method of payment for such services.
CONSULTANT shall not be responsible for: (i) construction means and methods, techniques, sequences, procedures, or safety precautions, and programs in connection with the Project; (ii) any failure of any third party not under contract to CONSULT ANT, to fulfill their respective contractual responsibilities to LOCAL AGENCY or to comply with federal, state, or local laws, regulations and codes; or (iii) procuring permits, certificates, and license required for any construction. CONSULT ANT shall not have the authority to direct, control or stop construction of contractors' work which it may be observing. The presence of a field representative of CONSULTANT shall not in any way imply that CONSULTANT is responsible for the work of others including work.
I. Documentation and Schedules
AGREEMENTs where appropriate, shall provide that CONSULTANT document the results of the work to the satisfaction of LOCAL AGENCY, and if applicable, the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the AGREEMENT objectives.
J. Deliverables and Number of Copies
The number of copies or documents to be furnished, such as reports, brochures, sets of plans, specifications, or Right of Way parcel maps shall be specified. Provision may be made for payment for additional copies.
ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on 7/03/2024, contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY'S Contract Administrator. The AGREEMENT shall end on 7/03/2029, unless extended by AGREEMENT amendment.
B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY.
C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this AGREEMENT, the terms of the AGREEMENT shall be extended by AGREEMENT amendment prior to the expiration of the contract to cover the time needed to complete the task order in progress only. The maximum term shall not exceed five (5) years.
ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in the CONSULTANT's approved Cost Proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this AGREEMENT. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY'S Contract Administrator of itemized invoices in duplicate.
B. In addition, CONSULT ANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Cost Proposal and identified in the approved Cost Proposal and in the executed Task Order.
C. Specific projects will be assigned to CONSULT ANT through issuance of Task Orders.
D.After a project to be performed under this AGREEMENT is identified by LOCAL AGENCY, LOCAL AGENCY will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a LOCAL AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULT ANT for review. CONSULT ANT shall return the draft Task Order within ten ( I 0) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and CONSULT ANT.
On-Call Materials Testing and Geotechnical Engineering Services Page4
E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULT ANT's approved Cost Proposal.
CONSULT ANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department oflndustrial Relations.
CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT.
F. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. CONSULT ANT will be responsible for transportation and subsistence costs in excess of State rates.
G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval in the form of an AGREEMENT amendment for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.
H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.
I. CONSULT ANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY'S Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this AGREEMENT.
J. A Task Order is of no force or effect until returned to LOCAL AGENCY and signed by an authorized representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by LOCAL AGENCY.
K. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY'S Contract Administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULT ANT is billing, or upon completion of the Task Order.
Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number, project title and Task Order number. Credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULT ANT prior to the expiration or termination of this AGREEMENT. Invoices shall be mailed to LOCAL AGENCY's Contract Administrator at the following address:
City of Gustine
Attn: Soknirom Than
PO BOX 16, Gustine. CA 95322
L. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this AGREEMENT.
M. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment.
N. If CONSULT ANT fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.
0. Task Orders may not be used to amend the language (or the terms) of this AGREEMENT notto exceed the scope of work under this AGREEMENT.
P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this AGREEMENT shall not exceed $ $200,000.00 annually. Tt is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this AGREEMENT through Task Orders.
ARTICLE VT TERMINATION
A. This AGREEMENT may be tenninated by LOCAL AGENCY with or without cause, provided that On-Call Materials Testing and Geotechnical Engineering Services Page5
LOCAL AGENCY gives not less than thirty (30) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate in the event of termination for cause. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULT ANT is given written notice ( delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.
C. Notwithstanding any provisions of this AGREEMENT, CONSULT ANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULT ANT, and City may withhold any payments due to CONSULT ANT until such time as the exact amount of damages, if any, due City from CONSULT ANT is determined.
D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT.
Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULT ANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.
B. The CONSULT ANT also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
C. Any costs for which payment has been made to the CONSULT ANT that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the CONSULT ANT to LOCAL AGENCY.
D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.
ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code§ 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULT ANT's Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. LOCAL AGENCY, Caltrans Auditor, FHW A, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT's Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished ifrequested without limitation.
ARTICLE IX [RESERVED]
ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the CONSULT ANT of its responsibilities and obligations hereunder. The CONSUL TANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its Subconsultants and of persons either directly or On-Call Materials Testing and Geotechnical Engineering Services Page6
indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULT ANT. The CONSULT ANT's obligation to pay its Subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT.
B. The CONSULT ANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the LOCAL AGENCY Contract Administrator, except that which is expressly identified in the CONSULTANT's approved Cost Proposal.
C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.
D. CONSULT ANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY.
E. Any substitution of Subconsultants must be approved in writing by the LOCAL AGENCY Contract Administrator in advance of assigning work to a substitute Subconsultant.
F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULT ANT on account of the work performed by the subconsultants, to the extent of each subconsultant's interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULT ANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney's fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.
G. Prompt Payment of Withheld Funds to Subconsultants
The LOCAL AGENCY may hold retainage from CONSULT ANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY, of the contract work, and pay retainage to CONSULT ANT based on these acceptances. The LOCAL AGENCY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant.
No retainage will be held by the LOCAL AGENCY from progress payments due to CONSULT ANT.
CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY's prior written approval. Any violation of these provisions shall subject the violating CONSULT ANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULT ANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULT ANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.
ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by LOCAL AGENCY's Contract Administrator shall be required before CONSULT ANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULT ANT services. CONSULT ANT shall provide an evaluation of the necessity or desirability of incurring such costs.
B. For purchase of any item, service, or consulting work not covered in CONSULT ANT' s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by LOCAL AGENCY's On-Call Materials Testing and Geotechnical Engineering Services Page 7
Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.
C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:
1. CONSULT ANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, ifit is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY.
2. Regulation 2 CFR 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.
ARTICLE XII STATE PREVAILING WAGE RA TES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code § 1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.
B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance).
These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code § 1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.
C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department oflndustrial Relations website at http://www.dir.ca.gov.
D. Payroll Records
I. Each CONSULT ANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code $1776 and as defined in 8 CCR $16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULT ANT or Subconsultant in connection with the public work.
Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code § 1771, $1811, and $1815 for any work performed by his or her employees on the public works project.
2. The payroll records enumerated under paragraph (I) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be On-Call Materials Testing and Geotechnical Engineering Services Page8
made available for inspection and copying by LOCAL AGENCY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULT ANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULT ANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.
3. Each CONSULT ANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten ( 10) calendar days after receipt of a written request.
4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.
5. The CONSULT ANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.
The CONSULT ANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.
E. When prevailing wage rates apply, the CONSULT ANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.
F. Penalty
1. The CONSULT ANT and any of its Subconsultants shall comply with Labor Code $1774 and $1775.
Pursuant to Labor Code $1775, the CONSULT ANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code $$1770 to 1780, inclusive.
2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULT ANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULT ANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULT ANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULT ANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.
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3. In addition to the penalty and pursuant to Labor Code§ 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULT ANT or Subconsultant.
4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the CONSULT ANT of the project is not liable for the penalties described above unless the CONSULT ANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the CONSULT ANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULT ANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code§§ 1771, 1775, 1776, 1777.5, 1813, and 1815.
b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant's failure to pay the specified prevailing rate of wages to the Subconsultant's workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant's employees on the public works project and any amounts due pursuant to Labor Code § 1813.
5. Pursuant to Labor Code § 1775, LOCAL AGENCY shall notify the CONSULT ANT on a public works project within fifteen (15) calendar days ofreceipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.
If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.
G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSUL TANT shall forfeit, as a penalty to the LOCAL AGENCY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULT ANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty ( 40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty ( 40) hours in any week, at not less than one and one-half ( 1.5) times the basic rate of pay, as provided in $1815.
H. Employment of Apprentices
I. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULT ANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code§§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.
2. CONSUL TANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice On-Call Materials Testing and Geotechnical Engineering Services Page JO
workers. Prior to commencement of work, CONSULT ANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULT ANT is responsible for all subconsultants' compliance with these requirements. Penalties are specified in Labor Code § 1777. 7.
ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project. The CONSULT ANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project which will follow.
B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT.
CONSULT ANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.
C. The CONSULT ANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.
D. The CONSULT ANT hereby certifies that the CONSULT ANT or subconsultant and any firm affiliated with the CONSULT ANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.
ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULT ANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, ST ATE, OR FEDERAL FUNDS
FOR LOBBYING
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:
I. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or on behalf of the CONSULT ANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U .S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty ofnot less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars (SI 00,000) for each such failure.
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C. The CONSULT ANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.
ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULT ANT's signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code § 12990 and 2 CCR § 8103.
B. During the performance of this AGREEMENT, CONSULT ANT and its subconsultants shall not deny the AGREEMENT's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because ofrace, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code§ 12990 et seq.), the applicable regulations promulgated there under (2 CCR§ 11000 et seq.), the provisions of Gov. Code §§ 11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code § 12990 ( a-t), set forth 2 CCR § §8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.
D. CONSULT ANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.
E. CONSUL TANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
F. CONSULT ANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.
G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis ofrace, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR 21-Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULT ANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR $21.5, including employment practices and the selection and retention of Subconsultants.
I. CONSULT ANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the LOCAL AGENCY components of the DBE Program Plan, CONSULT ANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
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ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULT ANT' s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:
1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;
3. Does not have a proposed debarment pending; and
4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.
B. Any exceptions to this certification must be disclosed to LOCAL AGENCY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.
C. Exceptions to the Federal Government excluded parties (https://sam.gov/contcnt/home) maintained by the U.S. General Services Administration are to be determined by FHW A.
ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. CONSULT ANT, subrecipient (LOCAL AGENCY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation ofDBEs provided in 49 CFR 26.5, the LOCAL AGENCY shows a contract goal for DBEs.
CONSULT ANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.
CONSULT ANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate Good Faith Efforts (GFE) to meet this goal. It is CONSULTANT's responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and work code applicable to the type of work the firm will perform on the contract. Additionally, the CONSULT ANT is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbe-search.
All DBE participation will count toward the California Department of Transportation's federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULT ANT purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are purchased from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR
26.55 defines "manufacturer" and "regular dealer."
This AGREEMENT is subject to 49 CFR 26 entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs". CONSULTANTs who enter into a federallyfunded agreement will assist the LOCAL AGENCY in a good faith effort to achieve California's statewide overall DBE goal.
B. The goal for DBE participation for this AGREEMENT is %. Participation by DBE CONSULT ANT or subconsultants shall be in accordance with information contained in Exhibit 10- O2:
Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a On-Call Materials Testing and Geotechnical Engineering Services Page 13
DBE subconsultant is unable to perform, CONSULT ANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.
C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULT ANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULT ANT has not met the DBE goal, complete and submit Exhibit 15-H: Proposer/Contractor Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.Contract Assurance Under 49 CFR 26. I 3(b ):
CONSULT ANT, subrecipient or subconsultant shall not discriminate on the basis ofrace, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.
Failure by the CONSULT ANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying CONSULTANT from future proposing as non-responsible D. Termination and Replacement of DBE Subconsultants
CONSULT ANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the LOCAL AGENCY's written consent.
CONSUL TANT shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the LOCAL AGENCY. Unless the LOCAL AGENCY's consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02: Consultant Contract DBE Commitment form.
Termination of DBE Subconsultants
After execution of the AGREEMENT, termination of a DBE may be allowed for the following, but not limited to, justifiable reasons with prior written authorization from the LOCAL AGENCY:
1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.
2. The LOCAL AGENCY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the LOCAL AGENCY's bond requirements.
3. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.
4. Listed DBE fails or refuses to perfonn the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).
5. Listed DBE's work is unsatisfactory and not in compliance with the contract.
6. Listed DBE is ineligible to work on the project because of suspension or debarment.
7. Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness.
8. Listed DBE voluntarily withdraws with written notice from the Contract.
9. Listed DBE is ineligible to receive credit for the type of work required.
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10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.
11. The LOCAL AGENCY determines other documented good cause.
CONSULT ANT must use the following procedures to request the termination of a DBE or portion of a DBE's work:
1. Send a written notice to the DBE of the CONSULTANT's intent to use other forces or material sources and include one or more justifiable reasons listed above. Simultaneously send a copy of this written notice to the LOCAL AGENCY. The written notice to the DBE must request they provide any response within five (5) business days to both the CONSULTANT and the LOCAL AGENCY by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur.
2. If the DBE does not respond within five (5) business days, CONSULTANT may move forward with the request as if the DBE had agreed to CONSUL TANT's written notice.
3. Submit CONSULT ANT' s DBE termination request by written letter to the LOCAL AGENCY and include:
• One or more above listed justifiable reasons along with supporting documentation. • CONSULTANT's written notice to the DBE regarding the request, including proof of transmission and tracking documentation of CONSULT ANT' s written notice • The DBE's response to CONSULT ANT's written notice, ifreceived. If a written response was not provided, provide a statement to that effect.
The LOCAL AGENCY shall respond in writing to CONSULTANT's DBE termination request within five (5) business days.
Replacement of DBE Subconsultants
After receiving the LOCAL AGENCY's written authorization of DBE termination request, CONSULTANT must obtain the LOCAL AGENCY's written agreement for DBE replacement. CONSULT ANT must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment.
The following procedures shall be followed to request authorization to replace a DBE firm:
1. Submit a request to replace a DBE with other forces or material sources in writing to the LOCAL AGENCY which must include:
a. Description of remaining uncommitted work item made available for replacement DBE solicitation and participation.
b. The proposed DBE replacement firm's business information, the work they have agreed to perform, and the following:
• Description of scope of work and cost proposal
• Proposed subcontract agreement and written confirmation of agreement to perform on the Contract
• Revised Exhibit 10-O2: Consultant Contract DBE Commitment
2. If CONSULT ANT has not identified a DBE replacement firm, submits documentation of CONSULT ANT's GFEs to use DBE replacement finns within seven (7) days of LOCAL AGENCY's authorization to terminate the DBE. CONSULT ANT may request the LOCAL AGENCY's approval to extend this submittal period to a total of 14 days. Submit documentation of actions taken to find a DBE replacement finn, such as:
• Search results of certified DB Es available to perform the original DBE work identified and or other work CONSULT ANT had intended to self-perform, to the extent needed to meet DBE On-Call Materials Testing and Geotechnical Engineering Services Pagel5
commitment
• Solicitations ofDBEs for performance of work identified • Correspondence with interested DBEs that may have included contract details and requirements
• Negotiation efforts with DBEs that reflect why an agreement was not reached • If a DBE's quote was rejected, provide reasoning for the rejection, such as why the DBE was unqualified for the work, or why the price quote was unreasonable or excessive • Copies of each DBE's and non-DBE's price quotes for work identified, as the LOCAL AGENCY may contact the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher
• Additional documentation that supports CONSULTANT's GFE The LOCAL AGENCY shall respond in writing to CONSULTANT's DBE replacement request within five (5) business days.
E. Commitment and Utilization
The LOCAL AGENCY's DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.
The LOCAL AGENCY shall request CONSULT ANT to:
1. Notify the LOCAL AGENCY's contract administrator or designated representative of any changes to its anticipated DBE participation
2. Provide this notification before starting the affected work
3. Maintain records including:
• Name and business address of each I -tier 5 subconsultant Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9-F: Monthly Disadvantaged Business Enterprise Payment)
If CONSUL TANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.
Ifa DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit the notifications to the LOCAL AGENCY. On work completion, CONSULTANT shall complete Exhibit 17-0: Disadvantaged Business Enterprises (DBE) Certification Status Change and submit the form to the LOCAL AGENCY within 30 days of contract acceptance.
Upon work completion, CONSULT ANT shall complete Exhibit 17-F: Final Report - Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the LOCAL AGENCY within 90 days of contract acceptance. The LOCAL AGENCY will withhold $10,000 until the form is submitted. The LOCAL AGENCY will release the withhold upon submission of the completed form.
In the LOCAL AGENCY's reports of DBE participation to Caltrans, the LOCAL AGENCY must display both commitments and attainments.
F. Commercially Useful Function
DB Es must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF. A DBE performs a CUF when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, On-Call Materials Testing and Geotechnical Engineering Services Page 16
managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself.
CONSULT ANT must perform CUF evaluation for each DBE working on a federal-aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE's work and continue to monitor the performance of CUF for the duration of the project.
CONSULT ANT must provide written notification to the LOCAL AGENCY at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place.
Within 10 days of a DBE initially performing work or supplying materials on the Contract, CONSULT ANT shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9- J: Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal:
• Subcontract agreement with the DBE
• Purchase orders
• Bills of lading
• Invoices
• Proof of payment
CONSULTANT must monitor all DBE's performance ofCUF by conducting quarterly evaluations and validations throughout their duration of work on the Contract using the LAPM 9-J: DBE Commercially Useful Function Evaluation. CONSULTANT must submit to the LOCAL AGENCY these quarterly evaluations and validations by the 5th of the month for the previous three months of work.
CONSULTANT must notify the LOCAL AGENCY immediately if they believe the DBE may not be performing a CUF.
The LOCAL AGENCY will verify DBEs performance ofCUF by reviewing the initial and quarterly submissions ofLAPM 9-J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional LOCAL AGENCY evaluations. The LOCAL AGENCY must evaluate DBEs and their CUF performance throughout the duration of a Contract. The LOCAL AGENCY will provide written notice to the CONSULT ANT and the DBE at least two (2) business days prior to any evaluation. The CONSULT ANT and the DBE must participate in the evaluation. Upon completing the evaluation, the LOCAL AGENCY must share the evaluation results with the CONSULTANT and the DBE. An evaluation could include items that must be remedied upon receipt. If the LOCAL AGENCY determines the DBE is not performing a CUF, the CONSULTANT must suspend performance of the noncompl iant work.
CONSULTANT and DBEs must submit any additional CUF related records and documents within five (5) business days of LOCAL AGENCY's request such as:
• Proof of ownership or lease and rental agreements for equipment • Tax records
• Employee rosters
• Certified payroll records
• Inventory rosters
Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE.
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performance of their DBE committed work, CONSULT ANT must immediately suspend performance of the noncompliant portion of the work. LOCAL AGENCY may deny payment for the noncompliant portion of the work. LOCAL AGENCY will ask the CONSULTANT to submit a corrective action plan (CAP) to the LOCAL AGENGY within five (5) days of the noncompliant CUF determination. The CAP must identify how the CONSULT ANT will correct the noncompliance findings for the remaining portion of the DBE's work.
LOCAL AGENCY has five (5) days to review the CAP in conjunction with the CONSULTANT's review.
The CONSULT ANT must implement the CAP within five (5) days of the LOCAL AGENCY's approval. The LOCAL AGENCY will then authorize the prior noncompliant portion of work for the DBE's committed work. If corrective actions cannot be accomplished to ensure the DBE performs a commercially useful function on the Contract, CONSULT ANT may have good cause to request termination of the DBE.
G. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.
H. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.
I. CONSULT ANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT's shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.
J. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULT ANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY's Contract Administrator within thirty (30) calendar days.
K. For projects awarded on or after March 1, 2020, but before September 1, 2023: after submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant must complete and email Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to local administering agencies.
For projects awarded on or after September 1, 2023: Exhibit 9-F is no longer required. Instead, by the 15th of the month following the month of any payment(s), the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract. If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report "no payments were made to subs this month" and write this visibly and legibly on Exhibit 9-P.
L. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.
ARTICLE XIX INSURANCE
A. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
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(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/ Advertising Injury
(3) Premises/Operations Liability
( 4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 100l and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 0 l covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
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(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Commercial General Liability
Automobile Liability
Employer's Liability
Professional Liability
Combined Single Limit
$1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
$1,000,000 combined single limit
$1,000,000 per accident or disease
$1,000,000 per claim and aggregate (errors and omissions) (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the TSO CG 00 01 (or insurer's equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
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g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten ( 10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant's policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits ofliability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
( Each such policy shall be from a company or companies with a current A.M.
Best's rating ofno less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
1. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
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(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
J. Subconsultant Insurance Requirements.
Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. k. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of "design professional" services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.
ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.
B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to LOCAL AGENCY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or On-Call Materials Testing and Ge0technical Engineering Services Page 22
LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.
C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.
D. LOCAL AGENCY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.
ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.
B. CONSULT ANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY's Contract Administrator.
C. There shall be no change in CONSULT ANT' s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by LOCAL AGENCY's Contract Administrator.
ARTICLE XXII CONTINGENT FEE
CONSULT ANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULT ANT for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.
ARTICLE XXIII [RESERVED]
ARTICLE XXIV INSPECTION OF WORK
CONSULT ANT and any subconsultant shall permit LOCAL AGENCY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.
ARTICLE XXV SAFETY
A. CONSULT ANT shall comply with OSHA regulations applicable to CONSULT ANT regarding necessary safety equipment or procedures. CONSULT ANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives. CONSULT ANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.
B. Pursuant to the authority contained in Vehicle Code $591, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.
C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.
ARTICLE XXVI OWNERSHIP OF DAT A
A. It is mutually agreed that all materials prepared by CONSULT ANT under this AGREEMENT shall become the property of City, and CONSUL TANT shall have no property right therein whatsoever. Immediately upon tennination, City shall be entitled to, and CONSULT ANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULT ANT in performing this AGREEMENT which is not CONSULT ANT's privileged information, as defined by law, or CONSULT ANT's personnel information, along with all other property belonging On-Call Materials Testing and Geotechnical Engineering Services Page 23
exclusively to City which is in CONSULT ANT' s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.
B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULT ANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.
C. Nothing herein shall constitute or be construed to be any representation by CONSULT ANT that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by City for another project or project location shall be at City's sole risk.
D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3-Patent Rights under Government Contracts for federal- aid contracts).
E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHW A shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.
ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY's CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY's construction contractor relating to work performed by CONSULTANT's personnel, and additional information or assistance from CONSULTANT's personnel is required in order to evaluate or defend against such claims; CONSULT ANT agrees to make its personnel available for consultation with LOCAL AGENCY'S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.
B. CONSULTANT's personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY.
Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT's personnel services under this AGREEMENT.
C. Services ofCONSULTANT's personnel in connection with LOCAL AGENCY 's construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.
ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY's operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULT ANT from unauthorized use and disclosure.
B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the AGREEMENT, shall not authorize CONSULT ANT to further disclose such information, or disseminate the same on any other occasion.
C. CONSULT ANT shall not comment publicly to the press or any other media regarding the AGREEMENT or LOCAL AGENCY 's actions on the same, except to LOCAL AGENCY's staff, CONSULT ANT's own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.
D. CONSULT ANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY 'S written permission.
E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.
F. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULT ANT to any entity, other than LOCAL AGENCY, Caltrans, and/or FHWA. All of the materials On-Call Materials Testing and Geotechnical Engineering Services Page 24
prepared or assembled by CONSULT ANT pursuant to performance of this Contract are confidential and CONSULT ANT agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City has the right to reimbursement and indemnity from CONSULT ANT for any damages caused by CONSULT ANT releasing the information, including, but not limited to, City's attorney's fees and disbursements, including without limitation experts' fees and disbursements. ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD
CERTIFICATION
In accordance with Public Contract Code § 10296, CONSULT ANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULT ANT within the immediately preceding two-year period, because of CONSULT ANT's failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.
ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT's performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULT ANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.
ARTICLE XXXI PROMPT PAYMENT
A. PROMPT PAYMENT FROM LOCAL AGENCY TO CONSUL TANT
The LOCAL AGENCY shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the LOCAL AGENCY fails to pay promptly, the LOCAL AGENCY shall pay interest to the CONSULTANT, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the LOCAL AGENCY shall act in accordance with both of the following:
(1) The LOCAL AGENCY shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
(2) The LOCAL AGENCY must return any payment request deemed improper by the LOCAL AGENCY to the CONSULT ANT as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.
B. PROMPT PAYMENT CERTIFICATION
For projects awarded on or after September 1, 2023: the CONSULTANT must now submit Exhibit 9-Pto the LOCAL AGENCY administering the contract by the 15th of the month following the month of any payment(s). If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report "no payments were made to subs this month" and write this visibly and legibly on Exhibit 9-P.
The LOCAL AGENCY must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project. The LOCAL AGENCY must email a copy of Exhibit 9-P to [email protected] before the end of the month after receiving the Exhibit 9-P from the CONSULTANT.
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ARTICLE XXXII TITLE VI ASSURANCES
APPENDICES A- E of the TITLE VI ASSURANCES
APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULT ANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. b. Nondiscrimination: CONSULT ANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment.
CONSULT ANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT'S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHW A to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONSULT ANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULT ANT shall so certify to the recipient or FHW A as appropriate, and shall set forth what efforts CONSULT ANT has made to obtain the information.
e. Sanctions for Noncompliance: In the event of CONSULTANT' s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHW A may determine to be appropriate, including, but not limited to:
1. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSULT ANT shall include the provisions of paragraphs ( 1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
CONSULT ANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHW A may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULT ANT becomes involved in, or is threatened with, litigation with a subapplicant or supplier as a result of such direction, CONSULT ANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULT ANT may request the United States to enter into such litigation to protect the interests of the United States.
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APPENDIXB
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:
NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations,
U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federallyassisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE)
TO HA VE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds ofrace, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed[,] [and] (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above- mentioned nondiscrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*
(Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)
On-Call Materials Testing and Geotechnical Engineering Services Page 27
APPENDIXC
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE
ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations(as may be amended) such that no person on the grounds ofrace, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.
C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
On-Call Materials Testing and Geotechnical Engineering Services Page 28
APPENDIXD
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE
ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, "as a covenant running with the land") that (1) no person on the ground ofrace, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on,
over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.
B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its ass1gns.
On-Call Materials Testing and Geotechnical Engineering Services Page 29
APPENDIXE
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the "CONSULT ANT") agrees to comply with the following non- discrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 ( 42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601 ), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. $ 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. $ 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 1213 1-12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49U.S.C. § 4 7123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).
On-Call Materials Testing and Geotechnical Engineering Services Page 30
ARTICLE XXXIII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be affected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:
CONSUL TANT:
Earth Systems
-Amir Khodadadi ,Project Manager
48511 Warm Springs Blvd,, Suite 210
Fremont, CA 94539
LOCAL AGENCY:
City of Gustine
Soknirorn Than,Contract Administrator
PO Box 16
Gustine, CA 95322
ARTICLE XXXIV CONTRACT
The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named LOCAL AGENCY, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below.
ARTICLE XXXV SIGNATURES
City of Gustine
Soknirorn Than,
City Manager
Date
On-Call Materials Testing and Geotechnical Engineering Services Earth Systems
Amir Khodadadi
Vice President
Date
Attachment A -Cost Proposal
On-Call Materials Testing and Geotechnical Engineering Services Page 32
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MATERIALS TESTING SERVICES------------------
BASIS OF CHARGES
Rates for field work such as materials sampling, construction inspection, and field evaluation will be in accordance with the Personnel Rates listed in the basic Fee Schedule. The below listed rates apply to standard ASTM test methods. An additional hourly charge ($110.00/hr.) will be applied for cutting, capping, or other preparation of non-standard samples and, where noted, for steel samples.
SOILS
All prices are based on California and Modified California sample sizes (2" - 2.5" diameter) unless noted otherwise.
Preparation of 3 diameter samples add $20.00. Testing of contaminated soil will be per quote. Samples will be returned to sender for proper disposal.
Atterberg Limits: Liquid Limit or Plastic Limit $125.00 Atterberg Limits: Plasticity Index $260.00
California Bearing Ratio, 3 points; incl. ref maximum density $650.00 California Bearing Ratio, 9 points; incl. ref maximum density $945.00 Consolidation, one dimensional $225.00
Consolidation, timed, per point $100.00
Basic Corrosivity w/out Rpt (pH, Sulfate, Chl., Resistivity) Per Quote Direct Shear, 3 points minimum $315.00
Expansion Index Test $205.00
Maximum Density and Optimum Moisture: 4" Mold $300.00
Maximum Density and Optimum Moisture: 6" Mold $340.00
Maximum Density and Optimum Moisture: California Impact $305.00 Moisture and Unit Weight Determination, from Ring Samples $45.00 Moisture Only $40.00
Permeability Tests, constant head or falling head Per Quote R-Value , $325.00
R-Value, CA State Hwy/set of 3, Cement, Lime, Other addts $375.00 Hydro Collapse Potential $165.00
Sieve/Hydrometer Anlys, assumed specifc grvty, w/200 wash $250.00 Sieve Analysis, Aggregate Base/Subbase $155.00
Sieve Analysis 200 wash only $140
Sieve Analysis with wash $165
Sieve Analysis, Oversize Material , $215.00
Specific Gravity $150.00
Swell Test, undisturbed $205.00
Swell Test, remolded $230.00
Unconfined Compressive Strength, untreated $1S0.00
Unconfined Compressive Strength, lime or cement treated mtrl $490.00
THERMAL RESISTIVITY TESTS
Concrete, 1 pt w/moisture content (req spcl collection proc) Per Quote Field Testing using Thermal Resistivity Meter Per Quote Soil, per moisture point, per sample Per Quote
Soil, 3 moisture points with dry-out curve, per sample Per Quote
CONCRETE AGGREGATE
Abrasion, L.A. Rattler, 100 and 500 revolutions, ASTM C131 (Small Size Aggregate) $300.00 Abrasion, L.A. Rattler, 100 and 500 Revolutions, ASTM C535 (Large Size Aggregate) $560.00 Absorption, Coarse Aggregate $100.00
Absorption, Fine Aggregate $150.00
Clay Lumps and Friable Particles in Aggregate $125.00
Cleanness Value of Coarse Aggregate $175.00
Crushed Particles, each size $1S0.00
CONCRETE AGGREGATE (Cont.)
Durability Index, Coarse or Fine Aggregate $200.00
Flat and Elongated Particles in Aggregate $125.00
Organic Impurities in Fine Aggregate $100.00
Potential Reactivity of Aggr by Chemical Method, ea size Per Quote Sand Equivalent $170.00
Sieve Analysis, washed $200.00
Soundness, Sodium Sulfate, 5 cycles $450.00
Specific Gravity, Coarse Aggregate $150.00
Specific Gravity, Fine Aggregate $150.00
Uncompacted Void Cntnt of Fine Agg Angularity, w/fine Agg SG $285.00 Unit Weight of Aggregate $150.00
CONCRETE CYLINDERS, BEAMS AND CORES
Compression Test of Cast Cylinders per cylinder $45.00* Compression Test of Cored Samples, cored at laboratory $120.00 Compression Test of cores delivered by others $100.00
Compression Test of Lightweight Concrete $50.00*
Density of Concrete Cylinders $80.00
Density of Hardened Concrete $105.00
Flexural Strength, Simple Beam with Third Point Loading $180.00 Grading of Shotcrete Cores $490.00
Sample Storage, monthly per sample $45.00
Shrinkage, set of 3 $400.00
Unit Weight of Lightweight Concrete $130.00
Enviro. Recycling Fee, per cylinder, core or beam $2.00 Enviro. Recycling Fee, per flex beam $3.00
Enviro. Recycle Fee/Form Stripping, per shotcrete panel/beam $65.00
MASONRY
Absorption of Block, set of 3 $165.00
Compression Test, 2" y4" Mortar Cylinders.........s.....s..............a....sos.so.................................0........... S40.00 Compression Test, 3" x 3" y 6" Grout Samples .......................ss.....sos.·.066...08........................................8.......... S60.00 Compression Test on Block, set of 3 $165.00
Compression Test on Grouted Prisms, includes cutting $165.00* Compression Test on Masonry Cores $85.00
Coring of Grouted Masonry by Subcontractor cost + 20%
Masonry Shrinkage, set of 3 $245.00
Moisture Content of Block as received, set of 3 $105.00 Shear Test on Masonry Cores, 2 faces $150.00
Specific Gravity and Unit Weight of Block, set of 3 $170.00 Enviro. Recycling Fee, per masonry prism $3.00
Enviro. Recycling Fee, per mortar or grout sample $2.00 Includes formal report of test results following 28-Day tests.
FIREPROOFING
Fireproof Bond Test Per Quote
Fireproofing Density Test (1) $80.00
ASPHALT CONCRETE
Bulk Specific Gravity of Compacted Specimens and Core Samples $80.00 Compaction of Lab Samples, CA Kneading Compactor, set of 3 $240.00 Compaction of Lab Samples, CA Kneading Compactor, set of 5 $400.00
AS
PHALT
CONCRETE(Cont)
Compaction of Lab Spls, Mrshl Mthd set of 3-(50 blows/side) $245.00 Compaction of Lab Spls, Mrshl Mthd set of 3
-(75
blows/side) $260.00
Extraction of Oil from A.C. Mixtures Per Quote
Extraction of Oil from Rubberized Mixtures Per Quote
Gyratory Compactor, per set of field mixed asphalt $495.00 Hamburg Wheel Tracker Test, per set of field mixed asphalt $890.00 Ignition Oven Binder Cntnt, after initial corr value is det.. $275.00 Ignition Oven Binder Cntnt Corr Value /mix design, ave of3 $850.00 Ignition Oven Gradation Correction Value, per mix design Per Quote Moisture Content $50.00 Sieve Analysis of Extracted Aggregate $285.00 Sieve Analysis of Ignition Oven Residue $270.00 Specific Gravity, Theoretical Maximum, Rice Method $170.00 Stability and Flow, Marshall Apparatus, set of 3 $240.00 Stabilometer, Hveem S-Value, set of 3 $350.00 Enviro. Recycling Fee, per sample $2.00 Enviro. Recycling Fee for Extracted Oils $45.00 REINFORCING AND STRUCTURAL STEEL Bend Test of Welded Specimen, sample preparation not incl $80.00 Pipe Flattening Test, sample preparation not included $75.00 Reinforcing Steel Coupler Tensile and Slip Tests $250.00 Structural Steel Bend Test, sample preparation not included $80.00 Structural Steel Machining/Sample Preparation cost + 20% Structural Steel Tensile Test, sample prep not included $80.00 Tensile and Bend Tests of Reinforcing Bar, #2 through #9 $170.00 Tensile and Bend Tests of Reinforcing Bar, #10 through #18 Per Quote Enviro. Recycling Fee, per sample $2.00 BOLT TESTS Bolt Tests, chemical or mechanical cost + 20% WELDER QUALIFICATION AWS D1.1: 3/8" Plate, per position Per Quote AWS D1.1:1" Plate, per position Per Quote AWS D1.3: Sheet Steel Per Quote AWS D1.4: Reinforcing Bar Per Quote ASME/API Pipe Sections Per Quote EQUIPMENT/CHARGES (Does Not Include Personnel) 110-volt Portable Electric Generator $115.00/day Anchor Pull Test Equipment $45.00/hr. Bailer (disposable) w/dedicated rope $35.00/ea. Concrete and Asphalt Concrete Coring Equipment... cost + 20% Concrete Slab Moisture Transmission Kit $45.00/ea. Conductivity Meter cost + 20% Cut-Off Saw $90.00/day Double Ring Infiltrometer (per set) $165.00/day Drum Dolly $40.00/day Drums , .. $90.00/ea. Dynamometer, In-line Scale Per Quote Hammer Drill cost + 20% Hand Auger/Sampler Equipment $65.00/day Lock n, Load voe Sample Pres. Sys $35.00/ea.
EQU
IPMENT/CHARGES(Cont.) (Does Not Include Personnel]
Magnetic Particle Equipment $200.00/Day
Non-Destructive Testing Equipment $45.00/hr
Manometer $155.00/day
Mini-Troll Groundwater Level Transducer $115.00/day
Mobile Laboratory Per Quote
Nuclear
Density
Equipment $15.00/hr.
Paint Thickness Meter Per Quote
Vehicle with Percolation Tank System $260.00/day
Personal Protective Equipment Level C. Per Quote
Pile Driving Equipment (for pile load testing) Per Quote Pile Load Testing Equipment Per Quote
Pulse Velocity Meter Per Quote
Rebound Hammer (Schmidt Hammer) $80.00/day
Reinforcing Steel Locating Equipment (DR-Meter) $200.00/day Relative Humidity Meter , $100.00/day
Off Road Vehicle Per Quote
Safety and Specialty Equipment Per Quote
Sampling Consumables Per Quote
Skidmore Bolting Calibration Equipment $255.00/day
Slope Inclinometer Equipment, per hole Per Quote
Soil Sampling Containers (metal) $25.00/ea.
Soil Sampling Containers (glass) $10.00/ea.
Tape
Extensometer Per Quote
Tension Equipment $200.00/day
Torque Wrench $100/Day.
Water Level Indicator $55.00/day
Windsor Probe, set of 3 Per Quote
Per Diem Per Quote
DIR Compliance/eCPR, per week $100.00
DSA Box Posting, ea $110
DSA Lab Compliance, per week $$110
Vehicle Mileage Charge $0.95
Attachment B- Detail Scope of Services
On-Call Materials Testing and Geotechnical Engineering Services Page 33
SCOPE OF WORK------------------------
Earth Systems will provide comprehensive services as outlined in the following sections, including but not limited to:
• Geotechnical Engineering Investigations: This involves preparing cost estimates for each project, coordinating field investigations, performing necessary laboratory tests, and preparing soil reports or recommendations tailored to the client's needs.
• Geotechnical Observations: Geotechnical observations, compaction testing on subgrade, base rocks, and asphalt concrete (AC) based on Caltrans standards by certified
Caltrans technicians.
• Field Inspection: Reinforcing steel and concrete
placements, CMU (Concrete Masonry Unit) placement,
shop and field welding inspections, high strength bolt
inspection, wood structure inspections, and any other
inspections as required by the project specifications,
conducted in accordance with ICC ER standards.
• Field Sampling: On-site sampling and testing of various construction materials, such as concrete, aggregates, soils, cement, metals, masonry blocks, hot mix asphalt, asphalt binder, structural steel, and rebar. This involves sampling fresh concrete, asphalt, aggregate, soil, and other related materials, as well as performing field nuclear gauge
compaction tests on aggregate base, subgrade, and other relevant materials.
• Core Sampling and Testing: Obtaining core samples of
cured concrete, pavement, and other relevant materials
for testing purposes.
• Field Testing: Performing field tests on concrete slump, soil compaction, NDT welds, and bolted connections to
ensure quality and compliance with standards.
• Plant Inspection: Inspecting roadway material processing plants during the production of materials such as asphalt concrete, Portland cement concrete, and other related
materials.
• Visits to Quarries and Mine Pits: Witnessing material source sampling, stockpiling, and testing samples of
binders, cement admixtures, rock, and sand according to established standards.
• Equipment Calibration: Ensuring the accuracy and
reliability of testing equipment through regular calibration procedures.
• Materials Analysis and Evaluation: Providing
comprehensive analysis and evaluation of construction
materials to assess their suitability for intended
applications.
• Preparation of Testing Plans: Developing project-specific Materials Sampling, Acceptance, and Independent
Assurance Testing Plans in accordance with the City's
Quality Assurance Plan (QAP), project plans and
specifications, and Caltrans Standard Specifications.
• Documentation and Reporting: Maintaining
detailed project files indexed according to the
California Test Methods Manual, and preparing
comprehensive reports on testing activities, findings,
and recommendations. This includes maintaining a
sequential Summary Log of Acceptance Testing to
ensure consistency with the City's QAP.
EARTH SYSTEMS] SO0 TO PROVIDE ON-CALL MATERIALS TESTING AND GEOTECHNICAL ENGINEERING SERVICES ] APRIL 25, 2024] CITY OF GUSTINE 18
QUALITY ASSURANCE SERVICES
Quality assurance services entail performing materials sampling and testing work according to City, Caltrans, or ASTM test methods, as outlined in the City's Quality Assurance Plan (QAP). Key aspects of these services include:
• Timely Reporting: Providing reports to the City within one day of test compaction via email or hand delivery, with laboratory tests commencing the next business day after sample receipt.
• Certified Personnel: Ensuring that field and laboratory testing required for assurance testing are carried
out by individuals certified through the Caltrans
Independent Assurance Program. Certifications
demonstrating each individual's qualifications to
perform required testing shall be provided to the City
prior to any testing work.
PROJECT DELIVERABLES
• Certified Laboratory: Utilizing a laboratory certified through the Caltrans Independent Assurance Program for
all necessary tests. All qualifications are kept current and will be provided to the City prior to work commencement. • Construction Inspections: Earth Systems will provide
thorough inspections to verify compliance with project
specifications and standards.
• This scope of work encompasses a range of essential tasks to ensure the successful completion of projects while
adhering to industry standards and client requirements.
For each phase of the project, Earth systems will deliver detailed reports, analysis, and recommendations. These deliverables will include geotechnical engineering investigation reports, materials sampling and testing reports, quality assurance reports, and construction inspection reports. Earth Systems will ensure that all deliverables meet the standards and requirements specified by the City.
Earth Systems will implement a robust cost control and budgeting methodology to manage projects effectively under this contract.
This methodology will include accurate estimation of project costs, regular monitoring of expenses, identification of cost-saving opportunities, and adherence to the approved budget. Earth Systems will provide transparent and detailed cost breakdowns for each project, ensuring accountability and efficiency throughout the project lifecycle.
EARTH SYSTEMS! SOQ TO PROVIDE ON-CALL MATERIALS TESTING AND GEOTECHNICAL ENGINEERING SERVICES ] APRIL 25, 2024] CITY OF GUSTINE 19
ITEM NO. 11
COUNCIL AGENDA ITEM
JULY 2, 2024
PREPARED BY: Soknirorn Than, City Manager
SUBJECT: Consider Authorizing the City Manager to Execute Addendum #2 to Capital Advocacy Partners Contract
BACKGROUND/DISCUSSION
Staff has been working with Capital Advocacy Partners (CAP) since 2018 in obtaining grants for the City of Gustine. The City's current contract expired February 28, 2024.
However, at the May 21, 2024 City Council meeting, the City Council authorized the City Manager to execute two task orders with CAP to assist with the application for the Community Forestry Grant and the Tobacco Grant. This in turn extended the term of the agreement with CAP.
Per the original agreement, the services provided by CAP go beyond one-off grant applications. CAP currently acts on the City's behalf in advocating for the City at the Federal level to establish a presence and build relationships with various staffers. This is the business model for the company, barring stand-alone grant writing services from being segregated out as a simple per application basis.
For this reason, staff recommends Council approve the resolution authorizing the City Manager to execute amendment No. 2 with CAP for a one-year extension to continue the efforts on the grants that are already awarded or have been applied for such as:
• Community Forestry Grant
• Tobacco Grant
• Pioneer Park Wellness Center congressional earmark
• FY23: Broadband Expansion
• USEPA Water Infrastructure Congressional Direct Spending (CDS) • CIT Grant
• Police Department Bullet Proof Vest Replacement Grant Upon the completion of this one-year extension and close out of the above grants, staff will be issuing an RFP to solicit these services for competitive proposals.
FISCAL IMPACT
The fiscal impact would be $2,921.00 per month for FY 2024/2025. This fiscal impact has already been accounted for in the FY 2024/2025 budget through various accounts such General Fund, Water Fund, and Sewer Fund.
RECOMMENDATION
Staff is recommending that Council approve a resolution authorizing the City Manager to execute addendum #2 with Capital Advocacy Partners (CAP) to extend the contract to February 28, 2025.
EXHIBIT(S)
A) Resolution
B) Addendum #2
RESOLUTION 2024-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE AUTHORIZING THE CITY MANAGER TO EXCECUTE CONTRACT AMENDMENT NO. 2 WITH
CAPITAL ADVOCACY PARTNERS TO EXTEND THE TERM OF THE AGREEMENT UNTIL FEBRUARY 28, 2025
WHEREAS, the City of Gustine entered into a professional services agreement with Capital Advocacy Partners (CAP) on March 4, 2020 to perform advocacy and grant writing services; and
WHEREAS, CAP continues to provide assistance with various grant implementations and grant writing services; and
WHEREAS, City Council has authorized the City Manager to retain CAP for two additional grants for Fiscal Year 2025; and
WHEREAS, the cost for the aforementioned services were adopted as part of the Fiscal Year 2024-2025 budget; and
WHEREAS, staff has prepared Amendment No. 2 to the agreement to extend to the term of the agreement to February 28, 2025;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gustine does hereby authorize the City Manager to execute a Contract Amendment No. 2 with Capital Advocacy Partners to extend the term of the agreement to February 28, 2025.
THE FOREGOING RESOLUTION of the City Council of the City of Gustine was passed by the City Council at a regular meeting held on the 2 day of July 2024, and the resolution was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
Patrick Nagy, Mayor
City of Gustine
ATTEST:
Melanie Correa, Deputy City Clerk
City of Gustine
Rt capitol Ady9,gy
This agreement Addendum #2 is entered into this March 1, 2024, by and between Capitol Advocacy Partners, 600 Pennsylvania Avenue SE, #15048, Washington, DC 20003, hereinafter called "Consultant", and the City of Gustine, 352 5th Street, Gustine, California 95322, hereinafter called "City."
This addendum pertains to the agreement entered into between Consultant and City on March 4, 2020, and the subsequent renewal option reflected in the March 1 2022 Addendum #1.
1. City elects to exercise the annual renewal clause, for the next one year through February 2025. As set out in the terms of the original contract, the monthly fee for services shall be increased by an additional $500 monthly fee. As a one-year courtesy, Consultant agrees to reduce the monthly increase by $100 to $400. For the period of March 1, 2024, to February 28, 2025, the monthly fee for Grant and Advocacy Services will be $2,921.00. Should the City select another year extension the fee would be $3,094.00 (March 1,2025 to February 28, 2026). After such, the City may elect to renew this agreement for two additional years at a 2.5% increase per year for two additional years.
2. Beginning July 1, 2024 City wishes to expand services to include Grant Management of two Community Projects -- a) Waterloop Line Improvements and b) Water Tank Replacement Project -- for a monthly fee of $4,500, bringing total monthly fee for services to $7,421.00. The City has an option to extend the Grant Management Services of these projects for another year at the same monthly fee.
3. Consultant agrees to write and submit two grants a) California Urban and Community Forestry Inflation Reduction Act Grant for a fee of $9,900, and, b) the California Attorney General Tobacco Grant for a fee of $12,500 to be billed upon completion.
4. Additional grant writing may be added at any time during the contract per the terms outlined in the original contract or Prior Addendum #1.
5. Hourly grant writing fees will be increased to $195.00 per hour.
6. All other terms and conditions of the original contract shall remain the same.
By:------------
Date: _
Nirorn Than
City Manager
City of Gustine
0.'lt+>
Date: Jun 14, 2024
Dana DeBeaumont
Partner
Capitol Advocacy Partners
ITEM NO. 12
COUNCIL AGENDA ITEM
JULY 2, 2024
PREPARED BY: Soknirorn Than, City Manager
SUBJECT: Authorize the Purchase of Two New Patrol Vehicles
BACKGROUND/DISCUSSION
The Police Department currently operates a fleet of eight patrol vehicles (including the two new Ford Explorer Pursuits delivered a couple weeks ago). Over the past year, several of these vehicles have incurred significant wear and tear, resulting in increased maintenance costs and downtime. The vehicles that are most affected have exceeded their optimal operational lifespan, which is generally six years or 100,000 miles, as per industry standards.
Below is the list of patrol vehicles in PD's fleet:
1-20 l 7 Dodge Charger -- 92,589 miles
3-2015 Ford Taurus's - Average 112,770 miles (one is non-operative) 1-2005 Ford Crown Victoria - 133,1 16 miles
1-2002 Ford Crown Victoria-- 95,347 miles
2-2023 Ford Explorer -- 800 miles
Six vehicles in the fleet have high mileage and require excessive maintenance to keep them running. This has included new front ends, new transmissions, new frame components, new electrical components, and numerous other repairs.
At the June 18 meeting, the City Council adopted the Fiscal Year 2024-2025 budget which included capital replacement funds for two police vehicles at the approved budget of $80,000 per vehicle (for a total of $160,000.00).
Since then, staff has reached out to multiple dealerships including one approved by the State Cooperative Purchase Agreement. At this time, there is zero inventory for any of the police vehicles in state ( especially for Ford or Chevy). The order window for new vehicles not yet in production (2025 model year) does not open until August through October with production delayed until April 2025.
Therefore, staff contacted an out of state dealership and has found that Phil Long Dealership out of Denver, Colorado, has two 2024 Ford Explorers available for purchase.
Phil Long Dealership is part of the lnterlocal Purchasing System that is a National Purchasing Cooperative. This is similar to our State Cooperative Agreement and provides the City with access to competitively procured contracts with quality vendors.
Staff has consulted with the City Attorney and confirmed that the purchase of these vehicles through the national Cooperative agreement would be acceptable. The
findings are provided in the resolution.
FISCAL IMPACT
Phil Long dealership out of Denver, Colorado quoted each vehicle at $50,435 with a discount of $1,500.00 per vehicle for a net total of $48,935 per vehicle (including delivery). This estimate does not include sale tax. Sales taxes will be paid for by the City upon vehicle registration. Estimated sales tax on both vehicles is $7971.15. This brings the total vehicle purchase price to $105,841 .15. If approved, the delivery date is estimated for August 2024.
Additional costs to outfit each vehicle is estimated at $26,000. Staff will bring outfitting costs back to council for approval once additional proposals are received.
There is $160,000 budgeted for the purchase of these vehicles in the FY 2024/2025 approved budget, to be paid from the General Fund (001 ).
RECOMMENDATION
Staff recommends City Council adopt a resolution authorizing the City Manager to execute a purchase order for two 2024 Ford Explorer Pursuits from Phil Long Dealership for a total of $105,841.15
EXHIBIT(S)
(A) Resolution
(B) Purchase Order
RESOLUTION 2024-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE AUTHORIZING
CONTRACT WITH PHIL LONG FORD OF DENVER, CO FOR PURCHASE OF TWO POLICE VEHICLES FOR A TOTAL AMOUNT NOT TO EXCEED $105,841.15; AND FURTHER
AUTHORIZING THE CITY MANAGER TO TAKE SUCH ACTION AS NECESSARY TO ACQUIRE
THE VEHICLES
WHEREAS, the City of Gustine desires to purchase two Ford Explorer Pursuits that will serve as police vehicles; and
WHEREAS, this is an expected, budgeted expense with $1 60,000.00 being earmarked for vehicle purchases and outfitting, covered in the FY 2024-2025 budget; and WHEREAS, the Police Department has experienced difficulties in ordering vehicles through the state procurement process which is at capacity and unable to deliver vehicles until June of 2025; and
WHEREAS, in order to secure the needed police vehicles in a timely manner, the City Council desires to authorize the City Manager to purchase the necessary vehicles for an amount not to exceed $105,841 .15, and to take such action as necessary to acquire the vehicles; and
WHEREAS, "[a] public entity's award of a contract, and all of the acts leading up to the award, are legislative in character. [T]he letting of contracts by a governmental entity necessarily requires an exercise of discretion guided by consideration of the public welfare[]". (Mike Moore's 24-HourTowing v. City of San Diego (1996) 45 Cal.App.4th 1294, 1303); and
WHEREAS, "where competitive proposals work an incongruity and are unavailing as affecting the final result, or where competitive proposals do not produce any advantage, or where it is practically impossible to obtain what is required and to observe such form, competitive bidding is not applicable." (Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal.App. 3d 631,636); and WHEREAS, "[t]he law neither does nor requires idle acts." (Civil Code,§ 3532); and WHEREAS, City staff has determined on the basis of extensive consultation with various interested and affected parties as discussed herein that competitive proposals do not produce any advantage to the City and that awarding a contract for the purchase of two police vehicles without further competitive solicitation is in the best interest of the City as guided by consideration of the public welfare and in the best interest of the City as set forth in the City's Purchasing Procedure found in Article 2, Chapter 6, Title 2 of the Gustine Municipal Code ("Findings").
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Gustine:
Section 1. The City Council adopts the Findings as its own ("Council Findings").
Section 2. The City Manager or designee is hereby authorized and directed to enter into an agreement to purchase the necessary police vehicles from Phil Long Ford of Denver, subject to minor revisions, if any, approved by the City Manager and City Attorney to
comply with applicable law or otherwise ensure that the City contracts for the necessary police vehicles on clear, unambiguous terms that are in the best interest of the City.
THE FOREGOING RESOLUTION of the City Council of the City of Gustine was passed at a regular meeting held on the 2n day of July, 2024, the resolution was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
Patrick Nagy, Mayor
City of Gustine
ATTEST:
Melanie Correa, Deputy City Clerk
City of Gustine
CITY OF GUSTINE- PURCHASE ORDER (GOODS)
Account Req. No. Purchase Order No. Remit to:
No. Order Date: 7/3/2024 City of Gustine
Delivery By: PO Box 16
Buyer: City of Gustine 352 Fifth Street,
Phone Number:209-854-6471 Gustine, CA 95322
E-mail: [email protected]
VENDOR Ship to:
Phil Long Ford of Denver City of Gustine - Police Department F.O.B. Point:
7887 W. Tuffs Ave. Denver, CQ
682_3"Ave., Gustine, CA 95322
Attn: Herman Sanchez
This Purchase Order is subject to the attached terms and conditions.
Order:
Qty Description Unit Price Amount
2.0 Ford Explorer Utility Interceptor , Mid $48,310.00 $96,620.00 Size, four Door, AWD Police Pursuit
Rated (Incl. Dark Car Feature, Black
color, Driver Side Spotlight, Backup
Camera, Police Engine Idle, Reverse
Sensing, BUS, Global Unlock, Keyless
Entry)
2.0 Government Discount (1,500.00) (3,000.00)
2.0 Transport To: $2,125.00 $4,250.00
682 Third Avenue, Gustine, CA 95322
2.0 California Carb Compliance 0 0
Subtotal $97,870.00
Tax (to be paid for by the City)
Total $97,870.00
28859.00009\41949233.
CITY OF GUSTINE- PURCHASE ORDER (GOODS)
PURCHASE ORDER TERMS AND CONDITIONS FOR GOODS
1. Acceptance. This purchase order for goods issued by
the City of Gustine ("City") to the Vendor designated in the purchase order must be promptly accepted and acceptance is expressly limited to the terms of this order. Any additions or different terms in the Vendor's forms are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given. Vendor's shipment of goods in response to this order shall be considered
acceptance by the Vendor.
2. Entire Agreement. Unless Vendor and City have
entered into a separate written contract covering the
purchase of the goods described herein, the entire contract between the parties consists of this order and the Vendor's acceptance as above stipulated, and said contract shall not be changed or added to except in writing signed by
authorized representatives of each party.
3. Price. The price invoiced for the goods on this purchase order shall be no higher than the price stated on the front of this purchase order unless prior notification is received from Vendor prior to shipment and the change is accepted by
City. If the Vendor's established price for any item upon the date of delivery shall be lower than the price shown on this purchase order, City shall have the benefit of such lower price. Vendor shall deliver to City all invoices within 30 days of shipping or service delivery.
4. Payment. Payments will be made net 30 days unless
otherwise specified as per agreements regarding discount terms. The period of computation will commence on the
date of receipt of a correctly completed invoice. Payment may be withheld, in whole or in part, due to deficiencies in Vendor's performance. Payment of an invoice by City shall be without prejudice to any and all claims City may have against Vendor in connection with such goods. Invoices are paid on a weekly basis and such practice may result in
minor deviations from payment terms otherwise cited herein
5. Time of the Essence. Time is of the essence on this
order. If delivery is not made in the quantity or quantities and at the time or times specified, City shall have the right, at its option, to cancel the entire order or that part of same not so delivered. If City accepts delayed delivery the time of payment shall be extended accordingly.
6. Delivery and Acceptance. Vendor expressly warrants
that any article, material or work is free and clear of all liens and encumbrances whatsoever, and that Vendor has good
and marketable title to same. Unless otherwise specified, all goods are to be shipped prepaid, F.O.B. destination. No charge will be allowed for packing. crating, freight, express or other carrier's charges, or cartage, unless specifically agreed to by City. Title to goods purchased hereunder shall pass to City at the designated F.O.B. point, subject to City's right to inspect and reject or revoke acceptance.
7. Warranty,
(a) Definitions. As used in this clauseAcceptance means the act of an authorized representative of the City by which the City assumes for itself, or as an agent of another, ownership of existing supplies, or
approves specific services as partial or complete
performance of the contract.
Supplies means the end items furnished by the Vendor and related services required under this contract.
(b) Vendor's obligations.
28859.00009\41949233.1
(1) Notwithstanding inspection and acceptance by the City of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Vendor warrants that for 3 years/36,00Q_miles after delivery of the vehicle to City:
(i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and
(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such
supplies will conform with the requirements of this contract. (iii) The warranty shall be factory authorized and shall cover not less than 3 years/36,000-mile bumper to bumper, no
charge parts and labor. All emission-related components shall be warranted in compliance with the California Air Recourses Board (CARB) and Federal requirements.
Independent insurance or a statement indicating selfinsurance is not acceptable. (iv) This warranty shall be honored by all franchised dealers of the vehicle within the State of California. All warranty certificates and/or cards shall be supplied with each vehicle delivered.
(v) If an additional extended warranty is purchased, a
warranty certificate, warranty card, or a statement indicating the extended warranty has been recorded with the
manufacturer shall be furnished with each vehicle delivered. (vi) Normal wear items such as tires, belts, hoses,
headlamps, light bulbs, brake linings, brake discs/drums, etc. are excluded from warranty coverage. All other items not subject to normal wear or gross operator neglect and abuse, such as window, seat or wiper motors, chassis
electrical switches (door, trunk lid), paint, hinges, locks, etc., shall be covered.
(vii) "Manufacturer's Warranty Policy and Procedures
Manual" shall be made available upon customer request.
The solicitation shall also require each awarded Bidder to designate by name, a responsible contact and alternate
assigned for the duration of the contract, who will resolve State warranty-related claims on a priority basis.
(viii) It shall be the responsibility of the Contractor to maintain an adequate stock of all regular and special parts to meet the continuing service and warranty repair parts needs of the State without undue delay. A special system shall be set up for expediting the procurement of back order items needed to repair an inoperative vehicle including a system to air freight parts at the Contractor's expense when parts are not in stock in California parts depots. Warranty replacement parts shall be available within three (3) working days after telephone notification.
(2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Vendor. However, the Vendor's liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Vendor's plant, and return.
(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.
(4) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation
contained in this contract.
(c) Remedies available to the City.
CITY OF GUSTINE- PURCHASE ORDER (GOODS)
(1) The City shall give written notice to the Vendor of any breach of warranties in paragraph (b)(1) of this clause within 30 days after discovery of the defect.
(2) Within a reasonable time after the notice, the City may either-
(i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or
(ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances.
(3)
(i) If the contract provides for inspection of supplies by sampling procedures, conformance of supplies or
components subject to warranty action shall be determined by the applicable sampling procedures in the contract. The City-
(A) May, for sampling purposes, group any supplies
delivered under this contract;
(B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed; (C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other
shipments even though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and
(D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots.
(ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b )(1) of this clause, the City may exercise one or more of the following options:
(A) Require an equitable adjustment in the contract price for any group of supplies.
(B) Screen the supplies grouped for warranty action under this clause at the Vendor's expense and return all
nonconforming supplies to the Vendor for correction or
replacement.
(C) Require the Vendor to screen the supplies at locations designated by the City within the contiguous United States and to correct or replace all nonconforming supplies.
(D) Return the supplies grouped for warranty action under this clause to the Vendor (irrespective of the f.o.b. point or the point of acceptance) for screening and correction or replacement.
(4)
(i) The City may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from
another source and charge to the Vendor the cost
occasioned to the City thereby if the Vendor -
(A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or (B) Fails either to accept return of the nonconforming
supplies or fails to make progress after their return to correct or replace them so as to endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure within a period of 10 days (or such longer period as the City may authorize in writing) after receipt of notice from the City specifying such failure. (ii) Instead of correction or replacement by the City, the City may require an equitable adjustment of the contract price.
In addition, if the Vendor fails to furnish timely disposition instructions, the City may dispose of the nonconforming supplies for the Vendor's account in a reasonable manner.
The City is entitled to reimbursement from the Vendor, or from the proceeds of such disposal, for the reasonable
expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred.
28859.00009\41949233.1
(5) The rights and remedies of the City provided in this clause are in addition to and do not limit any rights afforded to the City by any other clause of this contract or any other warranty City may have in connection with the subject
matter of this contract, including by way of illustration and not by limitation, any warranty furnished by a manufacturer or material supplier.
8. Rejection of Goods. City shall have the right, at its option, to reject or revoke acceptance of any goods which do not conform to these warranties or to the specifications.
In case of such rejection or revocation of acceptance,
transportation of the rejected goods, both to and from City, shall be at the expense of Vendor, said rejected goods are not to be replaced except upon specific instruction from City, and City shall have the right at its option to cancel the remainder, if any, of the order, by notice to Vendor at the time notice is given of rejection or revocation of acceptance.
Vendor shall be liable to City for all damages proximately caused by breach of any of the foregoing warranties,
including incidental damages but excluding special or
consequential damages.
9. Returns. City reserves the right to return for full credit any excess over quantity called for in any order or orders.
Vendor to bear the cost of transportation both ways.
10. Force Majeure. Vendor shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to act of God, war, federal or state legislation or any regulations or orders, fire, accident, or other causes, either similar or dissimilar to the foregoing, beyond their control. In the event of any such excused interference with shipments, City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in these terms and conditions.
11. Additional Fees. Unless otherwise required by law or provided herein, Vendor assumes exclusive liability for, and shall pay before delinquency, all sales, use, excise and other taxes, charges or contributions of any kind now or hereafter imposed on or with respect to, or measured by the article sold or material or work furnished hereunder on the wages, salaries or other remunerations paid to persons
employed in connection with performance of this order.
12. No Waiver. No exercise by City of its rights hereunder shall constitute a waiver of any rights it may have for breach of contract. City's waiver of or failure to enforce its rights on account of Vendor's failure or delay in performing any
obligation of Vendor hereunder, or on account of Vendor's breach of contract in any respect, shall not constitute a waiver of any subsequent failure, delay or breach.
13. Compliance with Law. Vendor shall comply with all
applicable laws and regulations of the federal, state and local government. City shall assist Vendor, as requested, in obtaining and maintaining all permits required of Vendor by Federal, State and local regulatory agencies. Vendor is responsible for all costs of clean up and/or removal of hazardous and toxic substances spilled as a result of his or her Work, Vendor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq.
(''Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other
requirements on certain "public works" and "maintenance" projects. If the Work is being performed as part of an
applicable "public works" or "maintenance" project, as
defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Vendor agrees to fully
comply with such Prevailing Wage Laws. Vendor shall
CITY OF GUSTINE- PURCHASE ORDER (GOODS)
defend, indemnify and hold City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Any stop orders issued by the Department of
Industrial Relations against Vendor or any subcontractor that affect Vendor's performance of services, including any delay, shall be Vendor's sole responsibility and Vendor shall indemnify City from liability arising out of the same. It shall be mandatory upon the Vendor and all subcontractors to
comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records
(Labor Code Sections 1771.4 and 1776), hours of labor
(Labor Code Sections 1813 and 1815), contractor
registration (Labor Code Sections 1725.5 and 1771.1) and debarment of contractors and subcontractors (Labor Code Sections 1777.1). The requirement to submit certified
payroll records directly to the Labor Commissioner under Labor Code section 1771.4 and to be registered with the Department of Industrial Relations shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code
Sections 1771.4, 1725.5 and 1771.1.
14. Insurance. Vendor shall take out and maintain: A.
Commercial General Liability Insurance, of at least
$1,000,000 per occurrence/ $2,000,000 aggregate for
bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01, naming
City as an additional insured; B. Automobile Liability
Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance
Services Office Form Number CA 00 01 covering
automobile liability, Code 1 (any auto); C. Workers'
Compensation in compliance with applicable statutory
requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and D. Pollution Liability
Insurance of at least $1,000,000 per occurrence and
$2,000,000 aggregate shall be provided by those Vendors transporting hazardous materials. Insurance carriers shall be licensed to do business in California and maintain an agent for process within the state. Such insurance carrier shall have not less than an "A:VII" rating according to the latest Best Key Rating unless otherwise approved by City.
VENDOR SHALL ENSURE THAT THIRD PARTY
SHIPPERS CONTRACTED BY VENDOR HAVE
ADEQUATE INSURANCE COVERAGE.
15. Indemnification. The Vendor shall indemnify and hold harmless City, its officials, officers, agents and employees from and against any and all claims, liabilities, expenses or damages, including attorneys' fees, for injury or death of any person, or damage to property, or interference with use of property, or patent infringement or fees for use of
patented items, or any claim of the Vendor or subcontractors for wages or benefits which arise in connection with the sale, delivery and/or installation of goods, except to the extent caused or resulting from the negligence or willful misconduct of City. The foregoing indemnity includes, but is not limited to, the cost of prosecuting or defending such action with legal counsel acceptable to City and City's attorneys' fees incurred in such an action.
16. Substitutions, Changes and Cancellation. No
substitutions are acceptable unless expressly accepted in writing by City. City may make changes in the general
scope of this order by giving written notice to Vendor. If any 28859.00009\41949233.1
such change affects the cost of or time to deliver or perform under this order, an adjustment in price, delivery or both will be made as City determines to be equitable. Vendor may
request changes; however no such change shall be
effective unless accepted in writing by City. City may
cancel this order in whole or in part at any time before acceptance of the goods due to Vendor's breach or for
City's convenience.
17. Laws, Venue, and Attorneys' Fees. This purchase
order shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this purchase order , the action shall be brought in a state or federal court situated in the County of Merced, State of California. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorney's fees, as determined by the court.
18. Contract Terms. Nothing herein shall be construed to give any rights or benefits to anyone other than City and the Vendor. The unenforceability, invalidity or illegality of any provision(s) of this purchase order shall not render the other provisions unenforceable, invalid or illegal. Notice may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the parties to the addresses set forth in the purchase order. Vendor shall not assign, sublet, or transfer this purchase order or any rights under or interest in this purchase order without the written consent of City, which may be withheld for any reason.
Vendor is retained as an independent contractor and is not an employee of City. No employee or agent of Vendor
shall become an employee of City. This is an integrated agreement/purchase order representing the entire
understanding of the parties as to those matters contained herein, and supersedes and cancels any prior oral or written understanding or representations with respect to matters covered hereunder. This Contract may not be modified or altered except in writing signed by both parties hereto.
19. Damage to City Facilities. Damage to City or public facilities or private property caused by the Vendor or by its subcontractors during delivery or installation shall be repaired and/or replaced in kind at no cost to the City.
20. Site Safety and Cleanup. The delivery and installation site shall be kept clean and free of hazards at all times during delivery and installation. After installation is completed at the site, as applicable, Vendor shall clean the surrounding area to the condition prior to delivery and installation.
21. Installation. If the Vendor is responsible for providing installation services, finished installation work and/or equipment shall be subject to final inspection and
acceptance or rejection by the City.