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AGREEMENT
CITY OF GUSTINE
DEPARTMENT OF PUBLIC WORKS
CML-5230(013) EAST AVENUE SIDEWALK IMPROVEMENTS
CONTRACT NO. 945.18-2025
THIS AGREEMENT made this _day of May, 2025, between the City of Gustine thereof, party of the first part, and Cervantes Landscape Services, Inc., Contractor, party of the second part.
ARTICLE 1.- WITNESSETH, That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the said party of the first part, and under the conditions expressed in the 2 bonds, bearing even date with these presents, and hereunto annexed, the said party of the second part agrees with the said party of the first part, at his own proper cost and expense, to do all the work and furnish all the materials, except such as are mentioned in the specifications to be furnished by said party of the first part, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the City of Gustine, the work described in the special provisions and the project plans described below, including any addenda thereto. and also, in conformance with current California Department of Transportation Standard Plans, the Standard Specifications, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished, which said special provisions, project plans, Standard Plans, Standard Specifications, and Labor Surcharge and Equipment Rental Rates are hereby specially referred to and by such reference made a part hereof.
The Contract Documents for the work to be done are dated March 2025 and are entitled:
CITY OF GUSTINE
DEPARTMENT OF PUBLIC WORKS
CONTRACT DOCUMENTS
FOR CONSTRUCT/ON OF
CML-5230(013) EAST AVENUE SIDEWALK IMPROVEMENTS
The term "Contract Documents" means and includes the following and are hereby incorporated herein by reference:
A. Notice to Bidders
B. Information for Bidders
C. Required Federal-Aid Contract Language
D. Bid Book
E. Bid Bond
F. Agreement
G. Certificate of Contractor
H. Payment Bond
I. Performance Bond
J. Notice of Award
945.18
AGREEMENT 1 of 5
K. Notice to Proceed
L. Change Order
M. General Provisions
N. Special Provisions
0. Specifications prepared or issued by Gouveia Engineering entitled CML-5230(013) EAST AVENUE SIDEWALK IMPROVEMENTS, dated March 21, 2025.
P. Drawings prepared or issued by Gouveia Engineering numbered C-101 through C-120.
Q. Addenda
No. , Dated 2025
------ ----------
No. , Dated 2025
ARTICLE II.- The said party of the first part hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices hereinafter set forth, and hereby contracts to pay the same at the time, in the manner and upon the conditions herein set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.
ARTICLE III. - The State general prevailing wage rates determined by the Director of industrial Relations are hereby made a part of this contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. When the project is subject to both State and Federal hourly minimum rates for wages and fringe benefits and when the two rates differ for similar kinds of labor, the Contractor shall not pay less than the higher rate. Federal wage rates can be found in Exhibit B.
ARTICLE IV. - By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in conformance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
ARTICLE V. - The provisions of Form FHWA 1273 is hereby physically attached, unmodified as a part of this contract (Exhibit A). This provision applies to federal-aid contracts and all work performed by subcontracts and subsequent lower-tier subcontracts and required be physically included in each executed contract.
ARTICLE VI. -The Minimum Federal Wage Rates Determination is hereby referenced in conformance with the federal 10-day rule as a part of this contract. This wage rate determination applies to federal-aid contracts and all work performed exceeding $2,000 by subcontracts and subsequent lower-tier subcontracts and required to be physically included in each executed contract.
ARTICLE VII.- And the said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the CITY OF GUSTINE, DEPARTMENT OF PUBLIC WORKS, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Engineer under them, to wit:
945.18
AGREEMENT 2 of 5
BID SCHEDULE
ITEM ESTIMATED UNIT ITEM
NO. BID ITEM DESCRIPTION QUANTITY PRICE TOTAL
1 Mobilization 1 LS $ 12,000.00 $ 12,000.00
*(Item 1 not to exceed $25,000.00) (See Note)
2 Traffic Control Plan 1 LS $ 5,000.00 $ 5,000.00
(Item 2 not to exceed $7,500.00) (See Note)
3 Construct Sidewalk 10,974 SF $ 16.50 $ 181,071.00
4 Construct Curb & Gutter 436 LF $ 95.00 $ 41,420.00
5 Construct Case C Curb Ramp 4 EA $ 4,900.00 $ 19,600.00 6 Construct Case CH Curb Ramp 5 EA $ 4,500.00 $ 22,500.00 7 Construct Case F Curb Ramp 1 EA $ 4,500.00 $ 4.500.00 8 Construct Single Case F Curb Ramp with
Landing 1 EA $ 5,600.00 $ 5,600.00
9 Construct Dual Case F Curb Ramp with
Landing 1 EA $ 7,500.00 $ 7,500.00
10 Construct Alley Approach 2 EA $ 5,500.00 $ 11,000.00 11 Construct Commercial Driveway 2 EA $ 7,700.00 $ 15,400.00 12 Construct Residential Driveway 21 EA $ 6,000.00 $ 126,000.00 13 Adjust Water Meter Box to Grade 4 EA $ 450.00 $ 1.800.00 14 Adjust Water Valve Cover to Grade 1 EA $ 450.00 $ 450.00 15 Fire Hydrant Relocation 1 EA $ 20,000.00 $ 20,000.00 16 Adjust Manhole Cover to Grade 3 EA $ 4,800.00 $ 14,400.00 17 Storm Drain Catch Basin Reconstruction 2 EA $ 5,500.00 $ 11,000.00 18 Landscaping, Landscape Irrigation
Repairs, and Reconfiguration 1 LS $ 12,000.00 $ 12,000.00 19 Signage Installation, Alteration, and
Pavement Markings LS $ 8,500.00 $ 8,500.00
TOTAL BID $ 519,741.00
945.18
AGREEMENT 3 of 5
IN WITNESS WHEREOF, the parties to these presents have here-unto set their hands the year and date first above written
OWNER:
City of Gustine
By:
Name: Soknirorn Than
Title: City Manager
945.18
CONTRACTOR:
Cervantes Landscape Services, Inc.
By:
Name: Alejandro Cervantes
Title: Owner/CEO
License No.
Federal Employer
Identification No.
Unique Entity
Identification No.
AGREEMENT 4 of 5
Certificate of Contractor
I, _
(Name)
Cet[Ty[hat]annal[he_
(Title)
designate sole proprietor, partner in partnership, or corporate officer with Contractor License Number in the entity named as Contractor in the foregoing Agreement.
I hereby expressly certify that the name of the entity to which I am associated is (Company Name)
that this entity is in good standing and has complied with all applicable laws and regulations, and that I have been expressly authorized by the proper parties in this entity to execute the Agreement on behalf of the above-named entity.
ATTEST:
Signature: _
This form must be acknowledged_before @_Notary Public. The_acknowledgement must be attached. 945.18
AGREEMENT 5 of 5
ITEM NO. 7
COUNCIL AGENDA ITEM
MAY 6, 2025
PREPARED BY: Tiffany Vitorino, Recreation Manager
SUBJECT: Henry Miller Park Gazebo Roof Award Revisit and Budget Amendment
STRATEGIC PLAN GOALS: 5. Robust Infrastructure
BACKGROUND
On December 3, 2024, staff presented several options to City Council for use of Community Funds received from Tip Top Farms. Council provided direction to allocate a portion of those funds to subsidize the 4th of July Fireworks Show and to use the remaining balance for the replacement of picnic tables at Harry Schmidt Park.
During that discussion, the need for repairs to the Henry Miller Park Gazebo roof was also raised. Council requested that staff return with updated quotes incorporating a higher-grade shingle-specifically, Presidential Shake TL-for enhanced durability and visual appeal. Staff was further directed to explore funding through the Utility Users Tax {UUT) Fund {Fund 002).
The item returned to Council on April 1, 2025, at which time Council requested clarification on the type of shingles included in the quote provided by Straight Edge Roofing. In response, staff reached out to Straight Edge Roofing and requested an updated quote that included the higher-quality Presidential Shake TL shingles. Straight Edge Roofing confirmed the estimate includes the upgraded shingles; however, they also cautioned that due to current supply chain conditions, some brands of shingles may be difficult to obtain.
The Henry Miller Park Gazebo is an important community amenity, serving as a stage for major local events such as the Westside Auto Club Car Show, OLM Celebration, and the 4th of July celebration. It is also rented periodically for private functions in conjunction with the Rotary Shelter picnic area.
ANALYSIS/DISCUSSION
Staff obtained revised quotes from three (3) roofing vendors for replacement of the Gazebo roof using the upgraded Presidential Shake shingle:
• Straight Edge Roofing - $28,000.00
• Econo Roofing - $32,850.00
• Roof Solutions - $37,500.00
Straight Edge Roofing continues to submit the lowest bid at $28,000.00. Staff recommends awarding the project to Straight Edge Roofing based on cost and qualifications. To safeguard the project against unforeseen conditions or additional damage discovered during construction, a l 0% contingency is also recommended.
Renovating the Gazebo roof will support continued use of the facility for key community events and ensure the longevity of a valued public structure. The inclusion of highergrade roofing materials aligns with Council's interest in durable, high-quality upgrades.
COMMUNITY OUTREACH
Not applicable. This project is openly discussed at the City Council meeting at 4/1/2025.
FISCAL IMPACT
Funds are available in the Utility User Tax Fund (Fund 002) and will need to be appropriated for this project. As the project was not included in the FY 2024-2025 adopted budget, Council action is required to authorize the budget amendment.
Total appropriation requested is $30,800.00, which includes:
- Contract amount: $28,000.00
- 10% contingency: $2,800.00
STRATEGIC PLAN GOALS
Goal #2 Objectives # 1: Robust Infrastructure. This project will improve aesthetic appeal, and allow for replacement of infrastructure that has reached the end of its useful life.
RECOMMENDATION
Staff recommends that Council consider adopting a resolution:
1. Accepting the low bid from Straight Edge Roofing, Inc. in the amount of $28,00.00 for the replacement of the Gazebo Roof at Henry Miller Park, and authorizing the City Manager to execute the Agreement and any associated change orders up to ten percent ( 10%) of the construction contract on behalf of the City of Gustine, and
2. Amending the FY 2024-2025 budget by increasing appropriations in the Utility User Tax Fund (Fund 002) in the amount of $30,800.00 to fund the project.
EXHIBIT(S)
A) Henry Miller Park Gazebo Quotes
8) Draft Resolution
APPROVED BY: _
-l )'
Soknirorn Than, City Manager
License #: 839371 DATE:
PROPOSAL AND CONTRACT
4/16/2025
Straight Edge Roofing, Inc
5248 Sultana Ave.
Atwater, CA 95301
Office: (209) 262-8768
Fax: (209) 214-6894
"Let us help you protect your investment"
Visit our website:
--=-=- ==-===rec«mo. - www.straightedgeroofing.com
Estimator: Brian Dyck (209) 326-4717
[email protected] Fully licensed and insured City of Gustine
Tiffany (209) 410-8466
Job Project:
699 3rd Ave.
[email protected] Gustine, CA 95322
We hereby submit specifications and estimates for:
Licenses and permits
OPTIONAL: Install temporary fencing around work project Installation of scaffolding around gazebo and all safety harnesses worn for the project Removal and replacement of top copper roof cap in process of replacing roof on gazebo Tearoff and disposal of old roofing material (1 layer of cedar shingles) 9/12 pitch replace cedar shingle roof with shingle roof
Any minor repairs to roof structure will be included in estimate.
OPTIONAL: Install OSB solid sheathing on entire roof to account for nails coming through sheathing New drip edge flashing around entire roof
Install 30# felt or synthetic felt underlayment
Install Certainteed Presidential Shake TL Solaris CoolRoof composition shingles Paint all flashings to match color of roof
Ridglass roof shingles on roof peak (10 in Hip and Ridge shingles) Roof and gutters will be blown clean on job completion
New roof will carry a 10 year watertight guarantee covering workmanship from the date of completion Satisfaction guaranteed
Title 24 compliant installation
NOTICE. Under the Mechanic's Lien Law (California Code of Civil Procedure, Section 1181 et Seg) any Contractor, Subcontractor, Laborer, Supplier or other person who helps to improve your property but is not paid for his work or supplies has a right to enforce a claim against your property. This means that after a court hearing, your property could be sold by a county offlcer and the proceeds of sales used to satisfy the indebtedness. This can happen even if you have paid your own contractor in full, if the Subcontractor, Laborer, or Supplier remains unpaid. Contractors are required by law to be licensed and regulated by the Contractor's State License Board. Any questions concerning a contractor may be referred to the registrar of the board whose address is:
Contractor's State License Board. P. 0. Box 26000, Sacramento, CA 95827 or 9835 Goethe, Sacramento, CA 95827 Approx 1,600 squ/ft
We hereby propose to supply material and labor in accordance to above specifications for the sum of:
Replace shingles on roof
Payment to be made as follows: Dryrot repairs
Full payment on completion
$ 28,000.00
TBD
Acceptance of Proposal
Date of Acceptance:
Ptrchasef,
Agreement to Terms of Contract
This contract is VOID after 30 days.
Contractor: _
16721 Letteau Ave.
Delhi, CA 95315
Tel 209.668.6222
Fax: 209.250.1918
Contractors Lie.# 749551 RESIDENTIAL & COMMERCIAL
�
EROLOOFINN0 G
ROOFING AGREEMENT
Job Location 699 3rd Ave
ff~
City (iSun&
cy Gustine
State Ca Zip Code 95380
Email: _
fl4ff9e'
Approx. Start Date 3-6 weeks
Approx. Completion Date_-4 day5
It is mutually agreed as follows:
1. Construction - ECONO-ROOFING will furnish the necessary labor, materials and equipment to perform in a workmanship like manner the work as detailed under the following specifications.
2. Specifications - Specifications -
• Root wt Presidential TL Solaris
.4_elf
• Furnish & install all required jacks, flashings and/or valleys • Seal and paint all jacks, flashings and/or valleys
• Includes clean-up of roof and surrounding grounds
• Includes bU year manufacturer's warranty NON-PRORATED • Includes _b year workmanship warranty
Yes No
[ [ Furnish & install felt Synthetic 30lb. Ice/water
[ [ Removal and replacement of_lineal feet
of_fascia
2 [ Removal and replacement or ANY dry-rot
lineal feet
of tongue and groove or shiplap.
Yes No
2 Tear oft l layer(s) or Shake
D Furnish & lnstan _7/16 sheeting
Furnish & install metal nosing- Color
[ [ Furnish & install dimensional ridge-caps
[ U Furnish _ft. Ridge Vent (or) Ohagen vents
[ [ Remove & reinstall existing antenna(s)
[ Remove & reinstal existing solar panels
DJ U] Re-roofing of_sq. flat section(s) with
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r 7" Seamless Rain Gutter
Down Spouts _
Gutter Color Spout Color
Special Remarks:
1 Remove existing comp roof, then haul away debris from job site
2... Inspect and replace any dry-rot found on roof, then sheet with 7/16s osb.
3. Install Presidential TL Solaris shingles. New roof consists of all new drip edge, underlayment, starter strip, flashings, roof vents, and ridge caps.
• ECONO-ROOFING will not re-alignment Satellite Dish.
• ECONO-ROOFING Is not responsible for crack drive ways.
3. Owner promises to pay or cause to be paid to Econo-Roofing in consideration therefore, the sum of:
THIRTY TWO THOUSAND EIGHT HUNDRED and FIFTY Dollars ($ 32,850 50% Due upon delivery of materials:$ l/?
50% Due upon completion: $ 1/
(This estimate is a cash/check discount price.) Estimate is good for 15 days and subject to lumber & material increases.
ACCEPTANCE - The above prices, specifications and conditions are satisfactory and are hereby accepted.
You are authorized to do the work as specified. Payment will also be outlined above. Buyer has the right to rescind this agreement within three days of acceptance.
ECONO-ROOFING HOMEOWNER
By Brian E
Buyer's Signature Acceptance Date
Date 03/13/2025
Econo-Rooting Buyer's Signature Acceptance Date
ECONO-ROOFING HAS THE RIGHT TO RESCIND THIS CONTRACT WITHIN FIFTEEN WORKING DAYS OF ACCEPTANCE
STANDARD PROVISIONS
Changes in work- If homeowner requests any alteration or deviation from the specifications involving extra costs, there will be an extra charge over and above the estimate for agreed upon addition or variation.
TV Antennas - ECONO-ROOFING shall use reasonable care, but is not responsible for TV antennas, guy wires or adjustments of sets.
Pre-Existing Conditions-Ponding or Collection of Water - ECONO-ROOFING is not responsible for correcting existing roof surfaces to eliminate ponding, collection of water, uneven surfaces, deflections, etc., unless included in the terms herein. ECONO-ROOFING shall not be held responsible for any preexisting conditions or damages, i.e. cracked driveways, damages incurred from prior roof leaks, etc., or their repair.
Raising or Moving of Equipment- ECONO-ROOFING agrees to use reasonable care when moving, raising or lifting any existing objects such as solar panels, gutters, conduits, signs, skylights, air conditioners, etc., but shall assume no responsibility for the operation of or damage to any such objects due to deteriorated conditions of those objects.
If homeowner/buyer fails to pay this invoice when due, homeowner/buyer agrees to pay monthly service charges equal to 1 1/2 percent per month (18 percent per annum) of the outstanding balance principal due as liquidated damages.
Should legal proceedings become necessary to effect collection of monies due for services and materials provided by ECONO-ROOFING home owner/ buyer agrees to pay all actual costs of collection, including without limitation, reasonable attorney(s) fees and costs.
ECONO-ROOFING is not responsible for damages to driveway from pre-existing conditions.
NOTICE TO OWNER
Contractors are required by law to be licensed and are regulated by the Contractors State License Board.
Any questions concerning a contract may be referred to the Headquarters Office - Contractors State License Board located at: 9821 Business Park Drive, Sacramento, CA 95827. Mailing Address: P.O. Box 26000, Sacramento, CA 95826. 24 Hour Licensing & Consumer Information: 1-800-321-CSLB (2752).
Under the California Mechanic Lien Law any contractor, subcontractor, laborer, supplier or other person who helps to improve your property, but is not paid for his/her work or supplies has a right to enforce a claim against your property. This means that after a court hearing , your property could be sold by a court officer and the proceeds of the sale used to satisfy the indebtedness. This can happen even if you have paid your contractor in full if the subcontractors, laborers, or suppliers remain unpaid.
To preserve their rights to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are required to provide you with a document entitled "Preliminary Notice." Original (or prime) contractors and laborers for wages do not have to provide this notice. A Preliminary Notice is not Lien against your property. Its purpose is to notify you of persons who may have a right to file a lien against your property if they are not paid. (Generally, the maximum time allowed for filing a claim or lien against your property is ninety (90) days after completion of your project.) To ensure extra protection for yourself and your property, you may wish to take one or more of the following steps: Require that your contractor supply you with a payment and performance bond, which provides that the bonding company will either complete the project or pay damages up to the amount of the bond. This payment and performance bond as well as a copy of the construction contract should be filed with county recorder for your further protection.
Issue joint checks for a payment, made out to both your contractor and subcontractors or material suppliers involved in the project. This will help to insure that all persons due payment are actually paid.
After making payment on any completed phase of the project, and before making further payments, require your contractor to provide you with unconditional lien releases signed by each material supplier, subcontractor and laborer involved in that portion of the work for which payment was made. On projects involving improvements to a single family residence or a duplex owned by individuals the persons signing these releases lose their right to file a claim against your property. In other types of construction this protection may still be important, but may not be as complete. To provide yourself under this option you must be certain that all material suppliers, subcontractors or laborers have signed.
Roof and Solar Solutions
Reroof Gazebo
by Continental Roof Services
Date: 3/3/2025 Name: Tiffany A. Vitorino
For Project: Gustine Henry Miller Park Gazebo E-Mail: [email protected] Address: 670 2nd Ave Work Phone: 209 854 9411
Gustine, CA Cell Phone: 209 410 8466
Company: City of Gustine Fax:
Mailing 352 Fifth St.
Address: Gustine, CA
Composition Shingles
We Propose: f Replace gazebo roof approximately 1600sqft 2 Remove and dispose of existing roofing.
3 Repair wood damage or rot as needed.
4 Install synthetic felt underlayment.
5 Install Presidential roof shingles.
6 Install 10" hip and ridge shingles.
7 Clean up work area.
Color: TBD
Terms of All work listed above to be completed as specified for the sum of: $37,500.00 Payment: This price includes paying prevailing wage.
Mobilization prior to start: $15,000.00
Progress payment at end of Watertight Phase: $15,000.00 Final payment due upon completion of project: $7,500.00 Options: Temporary fencing Initial:
Initial:
Exclusion: Plans, engineering, permit, dry rot/rust, mold, lead and asbestos testing and abatement, skylight lens leaks deficiencies not visible or called out in this proposal.
Submitted: Date: 3/3/25 by: Rod Fickel for: Continental Roof Services.
Acceptance: The above prices, specifications, and conditions are satisfactory and are hereby accepted.
By signing below, customer authorizes Continental Roof Services to do the work specified above for the amount shown.
Signature:
Date of Acceptance: Signature:
Lie. #760210
NOTICE OF LICENSE INFORMATION: State law requires anyone who contracts lo do construction work to be licensed by the Contractors State License Board in the license category in which the contractor is going to be working if the total pnce of the job is S500 or more (including labor and materials). Licensed contractors are regulated by law designed to protect the public If you contract with someone who does nol have a license, the Contractors State License Board may be unable to assist you with a complaint Your only remedy against an unlicensed contractor may be in crvil court, and you may be liable for damages arising out of any inyunes to the contractor or his or her employees You may contact the Contractors State License Board to [ind out if this contractor has a valid license The Board has complete information on the history of licensed contractors. including any possible suspensions, revocations, judgments and citations The Board has offices throughout California Please check the government pages of the white pages for the office nearest you or call 1-800-321-CSLB for more information P.O.Box 537
www.roofsolutions.us
Pleasanton, Ca 94566 831 419 3526
RESOLUTION 2025-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE ACCEPTING BID AND AWARDING A CONTRACT TO STRAIGHT EDGE ROOFING INC. FOR THE HENRY MILLER PARK
GAZEBO ROOF REPLACEMENT PROJECT, INCREASING THE APPROPRIATIONS LIMIT IN THE
UTILITY USER TAX FUND, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT
WHEREAS, the City of Gustine recognized the need for the replacement of the gazebo roof at the Henry Miller Park; and
WHEREAS, staff has solicited for three proposals in accordance with Section 2-6- 40 of the City Municipal Code; and
WHEREAS, a total of three (3) proposals were received for the project; and WHEREAS, the bid results were as listed below; and
CONTRACTOR
Straight Edge Roofing
Econo Roofing
Roof Solutions
TOTAL BID
$28,000.00
$32,850.00
$37,500.00
WHEREAS, the proposals have been reviewed and Straight Edge Roofing, Inc. submitted the lowest responsive and responsible bid.
WHEREAS, there is sufficient fund balance in the Utility User Tax (UUT Fund 002) to accommodate this project, however the FY 2024-2025 budget will need to be amended to appropriate the project funds from the User Utility Tax Fund (Fund 002).
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Gustine:
Section 1. Award a contract to Straight Edge Roofing, Inc. in the amount f $28,000.00 and authorize the City Manager to execute an agreement and any associated change order, up to l 0% of the project cost ($2,800.00), with Straight Edge Roofing, Inc. on behalf of the City of Gustine.
Section 2. Amend the Fiscal Year 2024-2025 budget by increasing appropriations in Utility User Tax (Fund 002) in the amount of $30,800.00 Section 3. This Resolution will become effective immediately.
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 6th day of May, 2025, and the resolution was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Melanie Correa, City Clerk
City of Gustine
APPROVED:
Patrick Nagy, Mayor
City of Gustine
ITEM NO. 8
COUNCIL AGENDA ITEM
MAY 6, 2025
PREPARED BY: Jami Westervelt, Economic & Community Development Director SUBJECT: Authorize City Manager to Execute Changes to Existing Contracts with 4Creeks and Gouveia Engineering Related to Planning Services and In-House Planning
STRATEGIC PLAN GOALS: 6. Community Services
BACKGROUND
The City of Gustine has seen an increase in demand for planning-related work at the City, both in volume and in complexity of projects. With a small general-fund budget, the City has not had funds to hire a City-employed planner. Need for planners has only increased, in part due to increasing mandates, creating a very competitive market.
Planning roles of all types are becoming more and more challenging for jurisdictions of all sizes to fill and smaller jurisdictions face stiff competition.
The City historically contracts out for Planning services, as it does for Building and Engineering. However, even contracting has presented challenges recently as consultants face the same tight recruiting market for planning.
In the first part of 2024, the City completed a Request for Qualifications (RFQ) process to identify a firm to provide onsite on-call planning services. As part of the RFQ, the City desired to find a primary firm that could staff the planning counter at City Hall at least one business day a week. Having a planner in person to provide service to the community, the Planning Commission, and Council is valuable. Prior to the RFQ, the company the City contracted with was unable to fulfill that need.
Through that RFQ process, the City contracted with 4Creeks to fill the primary planning role, including in-house hours. The City also was able to contract with the two other firms who replied to the RFQ to provide additional planning capacity to supplement 4Creeks if needed. Those firms are CSG Consultants and EMC Planning. Those contracts are for on-call planning projects only and not regular office hours in Gustine.
Since Summer 2024, 4Creeks has provided service both in Gustine and remotely through Senior Planner Kelsey George. She has worked in Gustine one day each week and another half-day remotely. She has worked beyond those hours on billable projects as needed at the request of the City. Staff is pleased with the service she has provided to the community, applicants, the Planning Commission and the Council. Ms. George resigned from 4Creeks effective April 25, 2025. She was slated to start with Gouveia Engineering, Inc. in a planning capacity starting April 28.
ANALYSIS/DISCUSSION
Staff priorities for the transition in Planning function are to:
l. Retain knowledgeable staff able to be present in Gustine at least one day of each work week.
2. Minimize the transition times related to staff change.
3. Minimize costs to the City.
With the departure of the current planner, staff shared its transition priorities with 4Creeks. Their representatives explained the firm does not at this time have other planning staff able to travel to Gustine weekly. They offered to provide transition service remotely until sometime in the future when they are able to secure a suitable candidate able to provide staffing in Gustine at least weekly.
As 4Creeks cannot provide the agreed-upon in-house weekly service in Gustine for an undetermined amount of time, the firm has agreed to modify its existing contract to match that of the current contracts for CSG Consultants and EMC Planning. This allows the City to contract with a different firm to provide in-house planning services in Gustine on a regular basis.
The City currently has a contract with Gouveia Engineering for engineering and related services but not specifically planning. The firm is able to provide the City the same inhouse hours as previously provided through 4Creeks, with the Planner assigned being Kelsey George. This could be accomplished through an amendment to the existing contract. This is the same avenue the City has undertaken with Gouveia for additional work the firm has taken on that was not in its original contract scope.
Transitioning to Gouveia and having the ability to continue to utilize the same individual in the role will save the City a significant amount of time over other options. It will save in the short term on transition costs but should provide some longer-term cost savings as well. Gouveia will charge a slightly higher hourly rate ($15 per hour more for a total of $150/hr.) but will not charge for travel time and mileage for the weekly trip as 4Creeks has done. This change in billing structure will allow the City to realized additional saving and better break down costs. This in turn allow for better cost recovery from various applicants.
In order to accomplish the transition, the City would need to modify its contracts with 4Creeks and Gouveia. To do that, Council would need to approve the attached Resolution authorizing the City Manager to make those changes and execute those contract revisions.
COMMUNIY OUTREACH
Not applicable to this item. Staff has reached out to all existing on-call planning consultants (CSG, EMC, and 4-Creeks) to notify them of this transition. All has agreed to the terms.
FISCAL IMPACT
The change to Gouveia will cost minimal staff time. The billing structure for Gouveia should allow the City to recover more of the Planning charges, meaning less impact to the General Fund (Fund 001). There is no anticipated change to the current fiscal year budget for the City related to this item.
STRATEGIC PLAN GOALS
Strategic Plan Goal #6 Objective# 1- Ensure accessibility to services.
The proposed actions will allow the City to maintain its current level of service to the community without delay. Retaining the hours in Gustine will provide the community the ability to have a representative in planning regularly to engage with them face-to-face, versus solely remote.
RECOMMENDATION
Council consider approving the attached resolution authorizing the City Manager to:
1. Develop and execute a change to the existing contract with 4Creeks to remove the portion(s) related to the firm providing on-site planning services to the City on a weekly basis and retaining the firm solely as at-will on-call planners; and
2. Develop and execute an amendment to the Gouveia Engineering, Inc.
Engineering contract to also provide planning services for the City of Gustine, including on-site services in Gustine weekly.
EXHIBIT(S)
A) Resolution
APPROVED BY: ------------- Soknirorn Than, City Manager )'
RESOLUTION 2025-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUSTINE AUTHORIZING THE CITY MANAGER TO EXECUTVE CHANGES TO EXISTING CONTRACTS WITH 4CREEKS AND GOUVEIA
ENGINEERING RELATED TO PLANNING SERVICES AND IN-HOUSE PLANNING WHEREAS, the City of Gustine has historically contracted out for Planning Services and at this time needs to continue to do so; and
WHEREAS, the City benefits from having the ability to have a Planner with office hours in Gustine on an at-least a weekly basis; and
WHEREAS, the City currently has a contract with 4Creeks that calls for the firm to provide an individual to work in the Planning Department at least weekly but the firm does not have a staff member at this time available to provide this service; and WHEREAS, the City and 4Creeks agree that while the firm cannot provide the inperson counter services that both would benefit from the City having the ability to utilize the firm on an as-needed, on-call basis for other projects in the future; and WHEREAS, Gouveia Engineering has the ability to provide both the weekly services in Gustine and other planning services as needed by the City; and WHEREAS, transition time in planning would be negligible as Gouveia Engineering has committed to fill this role with the individual who was previously in this role; and WHEREAS, the City already has a contract with.Gouveia Engineering that allows for an amendment to be developed that would allow Gouveia to provide those services; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gustine:
Section 1. Develop and execute a change to the existing contract with 4Creeks to remove the portion(s) related to the firm providing on-site planning services to the City on a weekly basis and retaining the firm solely as at-will on-call planners.
Section 2. Develop and execute an amendment to the Gouveia Engineering, Inc.
Engineering contract to also provide planning services for the City of Gustine, including on-site services in Gustine weekly.
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 6th day of May, 2025, and the resolution was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Melanie Correa, Deputy City Clerk
City of Gustine
APPROVED:
Patrick Nagy, Mayor
City of Gustine
ITEM NO. 9
COUNCIL AGENDA ITEM
MAY 6, 2025
PREPARED BY: Ruben Chavez, Chief of Police
SUBJECT: Wildlife Feeding Ordinance Discussion and Direction STRATEGIC PLAN GOALS: 2. Community-Based Development
BACKGROUND
The City of Gustine does not currently have an ordinance against the feeding of wildlife, especially as it pertains to squirrels, ducks, and other water fowl, at City parks.
The park is home to many animals including squirrels and approximately 100 water fowls. It is not uncommon to see people enjoying the park while also bringing bread and other food to feed the animals, mostly the ducks. While those who feed the animals have good intentions and believe they are doing the right thing, they are in essence in violation of California Fish and Game Ordinance 251.1. The act of feeding the animals, including water fowls, is described in the statute as committing harassment of the game or nongame bird by disrupting the animal's behavior. §251.1. Harassment of Animals.
Except as otherwise authorized in these regulations or in the Fish and Game Code, no person shall harass, herd or drive any game or nongame bird or mammal or furbearing mammal. For the purposes of this section, harass is defined as an intentional act which disrupts an animal's normal behavior patterns, which includes, but is not limited to, breeding, feeding or sheltering. This section does not apply to a landowner or tenant who drives or herds birds or mammals for the purpose of preventing damage to private or public property, including aquaculture and agriculture crops.
Change without regulatory effect 8/9/2019.
As a result of the ducks being fed at the park, they have become complacent in living at the park which has created an unfortunate nuisance for others who come to enjoy the park and to those who rent City facilities such as the Petersen Shelter. The ducks and other water fowls have multiplied over the years and their waste has littered the park to the point that staff must constantly clean up behind them. The ducks use the Petersen Shelter as their living quarters and leave constant reminders of them being there. The stench at times can be very unpleasant.
In addition to the Fish and Game Code, several municipalities have adopted local ordinances to prohibit this unlawful behavior. Education and enforcement of an ordinance keeps control at a local level versus the state level which can provide more leniency and acceptability to those who may violate the prohibited practice.
ANALYSIS/DISCUSSION
Below are examples of other city ordinances prohibiting the feeding of wildlife and ducks:
City of Fort Bragg Wildlife feeding Ordinance:
7.18.030 FEEDING OF WILDLIFE PROHIBITED.
A. No person shall purposely or knowingly feed wildlife on public or private property in the City of Fort Bragg.
B. No person shall leave or store any refuse, garbage, pet food, seed or birdseed, fruit, meat, dairy, vegetable, grain or other food in a negligent manner likely to feed wildlife.
C. No person shall fail to take remedial action to cease contact or conflict with wildlife, including to secure or remove outdoor refuse, cooking grills, pet food, backyard bird feeders or any other similar food source or attractant, after being advised by the City of Fort Bragg to undertake such remedial action.
City of Monterey Wildlife Feeding Ordinance:
Sec. 6-9 .1. Feeding of wildlife prohibited.
a. No person shall feed or in any manner intentionally provide food as sustenance or to encourage domesticity in a non-domesticated animal with the exception of a bird feeder in the yard. A person may feed or provide food to wildlife under the following circumstances:
1 . When the wildlife is maintained, treated or fed pursuant to a valid certificate or permit issued by the State of California or an agency of the U.S. Government.
2. When the wildlife is maintained, treated or fed between the time Animal Control or Humane Society is notified and the time the wildlife is picked up by an agency.
City of Santa Cruz Duck Feeding Ordinance:
Chapter 6.14
WATERFOWL AND PIGEONS-REGULATIONS CONCERNING FEEDING, SALE AND RELEASE Sections:
6.14.020 Feeding, sale, and release of waterfowl and pigeons prohibited. (A) It is prohibited to intentionally feed waterfowl or pigeons, or to intentionally place or release food which may be consumed by waterfowl or pigeons. It is also prohibited for any adult to allow any minor in their care or custody to allow such feeding by the minor.
[B) It is prohibited to sell or offer to sell [or conduct a business in which there is a sale or offer to sell) live waterfowl or pigeons as pets or for release. (C) It is prohibited to abandon or release any waterfowl or pigeons. [Ord. 5388 § 5, 2022].
6.1 4.030 Exceptions.
The Director may grant permission to feed or release waterfowl upon a showing of some health, wildlife management, or stream management reason that sufficiently justifies the activity. [Ord. 5388 § 5, 2022].
City of Lakeport Duck Feeding Ordinance
Chapter 6.35
FEEDING WILD DUCKS AND OTHER WATERFOWL PROHIBITED ON PUBLIC PROPERTIES
Sections:
6.35.010 Feeding ducks and other waterfowl prohibited.
6.35.020 Enforcement and penalties.
6.35.030 Signs.
6.35.010 Feeding ducks and other waterfowl prohibited.
It shall be unlawful for any person to feed, cause to be fed, or offer food to any duck or other waterfowl, or to scatter food, seed, or other forms of matter edible to ducks or other waterfowl on any public properties (which include but are not limited to public buildings, streets, street rights-of-way, sidewalks, driveways, parks, or any other public property) or portions thereof in the city which have been posted with a sign(s) warning that it is illegal to feed the ducks or waterfowl on the posted public property. (Ord. 860 §3(part), 2006)
6.35.020 Enforcement and penalties.
A. Enforcement of this chapter shall be implemented by the city manager or his/her designee.
B. A violation of this chapter is an infraction, which shall be subject to a fine of not more than twenty-five dollars for the first offense nor more than one hundred dollars for each subsequent offense. (Ord. 860 §3(part), 2006)
6.35.030 Signs.
Signs which designate no feeding of ducks or waterfowl in accordance with this chapter shall be clearly, sufficiently, and conspicuously posted in places covered by this chapter. (Ord. 860 §3(part), 2006)
COMMUNITY OUTREACH
The City hosted a Bird Ad-Hoc Committee Meeting on Tuesday, March 11, 2025 to solicit input on egrets and ducks in Schmidt Park. There was good dialogue from members of the public which included the concerns for feeding of ducks in the park and the nuisance the practice creates.
FISCAL IMPACT
This item is for discussion and direction - no fiscal impact is associated at this time.
STRATEGIC PLAN GOALS
Strategic Plan Goal #2 Objectives # 1 :
Discussion and actions on this topic align with improving aesthetic appeal and enhancing the sense of community. Providing a safe environment for our wildlife at Harry P. Schmidt Park enhances our sense of community and provides for more curb appeal as the motorists pass the park and park goers enjoy nature and the ambience.
RECOMMENDATION
Staff brings this topic for council's discussion and to provide direction on next steps.
EXHIBIT(S)
None
APPROVED BY:
l< )
_
Soknirorn Than, City Manager