Agenda packet — Los Banos City Council, May 17, 2023

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AGENDA

CITY COUNCIL MEETING

CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
MAY 17, 2023 -6:00 PM
Live stream on YouTube at . - . - -
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The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. • * • • • • * * • • • * * * * *
Si requiere asistencia especial para atender o participar en esta junta por favor 1/ame a la oficina de la Secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas previas de /a junta.

La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabilidad (ADA) de 1990. '
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Any writings or documents provided to a majority of the City Counc,1 regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, Calffornia during normal business hours. In addition, such writings and documents may be posted on the City's website at www.losbanos.org.
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Cualquier escritura o los documentos proporcionaron a una mayorfa de/ Ayuntamiento respecto a cua/quier artlculo en este orden def dfa sera hecho disponible para la inspecci6n publica en la reuni6n y en la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos,
Ca/ffornia durante horas de oficina normales. Ademas, tales escrituras y los documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org . ......................................... ·--·························- ---···························•···· .. ·•································· .................................................................................... ·

1. CALL TO ORDER - May 17, 2023

2. PLEDGE OF ALLEGIANCE.

3. ROLL CALL: (City Council Members)
Kenneth Lambert - District 1
Brett Jones - District 3
__ Paul Llanez - Mayor
Los Banos City Council Agenda - May 17, 2023
6:00 PM
__ Douglas Begonia, Jr. - District 2
Deborah Lewis - District 4

Page 1 ends

2 pg. 5
pg. 7
pg. 8
pg. 9
pgs. 11-18
pgs. 19-22
pgs. 23-34
pgs. 35-58
pgs. 59-92
pgs. 93-114

4. CONSIDERATION OF APPROVAL OF AGENDA
Recommendation: Adopt the agenda as submitted.

5. PRESENTATIONS.

A. Certificate of Recognition - Employee of the Month for April 2023 - Rosemarie Souto, Accountant II.

B. Proclamation - Recognizing National Day of Prayer.

C. Proclamation - Recognizing National Public Works Week.

D. Proclamation - Recognizing National Police Week and Peace Officers' Memorial Day

6. PUBLIC FORUM. (Members of the public may address the City Council Members on any item of public interest that is within the jurisdiction of the City Council; includes agenda and non-agenda items. No action will be taken on non-agenda items. Speakers are limited to a five (5) minute presentation. Detailed guidelines are posted on the Council Chamber informational table.)

7. CONSIDERATION OF APPROVAL OF CONSENT AGENDA (Items on the Consent Agenda are considered to be routine and will be voted on in one motion unless removed from the Consent Agenda by a City Council Member.) A Check Register for #238362 - #238843 in the Amount of $4,525,875.47 Recommendation: Approve the check register as submitted.

B. Minutes for the April 19, 2023 City Council Meeting.

Recommendation: Approve the minutes as submitted.

C. Third Quarter Investment Report for 2022/2023.

Recommendation: Informational item only, no action to be taken.

D. City Council Resolution No. 6629 - Authorizing the City Manager to Execute the Amendment No. 3 to the Professional Services Agreement with Mark Thomas & Company, Inc. for Engineering Services for the Pioneer Road Widening Project in the Amount of $225,718.00.

Recommendation: Adopt the resolution as submitted.

E. City Council Resolution No. 6630 - Authorizing the City Manager to Execute a Professional Service Agreement with Mark Thomas & Company, Inc. to Update the Improvement Standards & Specifications and Community Design Standards in the Amount of $580,658.00.

Recommendation: Adopt the resolution as submitted.

F. City Council Resolution No. 6631 -Authorizing Award of Contract Agreement for the Exterior Painting of our (4) City-Owned Buildings to Pro Group Painting in the Amount of $143,767.00.

Los Banos City Council Agenda - May 17. 2023 Page 2of4
3 pgs. 115-140
pgs. 141-162
pgs. 163-192
pgs. 193-218
pgs. 219-222
pgs. 223-228
pgs. 229-260
Recommendation: Adopt the resolution as submitted.

G. City Council Resolution No. 6632 - Accepting Public Improvements for Southpointe at Regency Park, Overland Avenue (Developer: Stonefield Home, Inc.).

Recommendation: Adopt the resolution as submitted.

H. City Council Resolution No. 6633 - Authorizing the City Manager to Execute a Contract with AD ART, Inc. for the Replacement of the Digital Signs at the Los Banos Community Center in the Amount of $34,909.00.

Recommendation: Adopt the resolution as submitted.

I. City Council Resolution No. 6634 - Authorizing the City Manager to Execute a Professional Services Agreement between the City of Los Banos and Carollo Engfneers, Inc. to Update the Storm Drain Systems Master Plan.

Recommendation: Adopt the resolution as submitted.

J. City Council Resolution No. 6635 - Approving the Restated Joint Power Agreement of the Merced County Association of Governments Effective July 19, 2023 for a Term of Thirty (30) Years.

Recommendation: Adopt the resolution as submitted.

K. City Council Resolution No. 6636 - Appointing Stephanie Austin to the Measure P Citizens Oversight Committee with a Term Ending December 31, 2023.

Recommendation: Adopt the resolution as submitted.

8. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6637 - AUTHORIZING A JOINT APPLICATION AND PARTICIPATION IN THE HOMEKEY PROGRAM.

Recommendation: Receive the staff report and adopt the resolution as submitted.

9. ACCEPTANCE OF GRANT DEEDS FROM THE LOS BANOS DESIGNATED

LOCAL AUTHORITY (DLA), AS SUCCESSOR AGENCY TO THE FORMER LOS BANOS REDEVELOPMENT AGENCY (RDA) TO THE CITY OF LOS BANOS.

A. City Council Resolution No. 6638 - Accepting the Grant Deed from the Los Banos DLA, as Successor Agency to the Former Los Banos RDA to the City of Los Banos, a 2.02 Acre Parcel Located at 201-799 H Street between 2nd Street and 4th Street, Currently Zoned Rail Corridor (RC), APN 025-054-006, Undeveloped.

B. City Council Resolution No. 6639 - Accepting the Grant Deed from the Los Banos DLA, as Successor Agency to the Former Los Banos RDA to the City of Los Banos, a 1.222 Acre Parcel Located at 715 2nd Street, Currently Zoned Los Banos City Council Agenda - May 17, 2023 Page 3of4
4 pgs. 261-316
pgs. 317-326
pgs. 327-330
Rail Corridor (RC), APN 025-053-002 and 081-110-048; Developed with a Railroad Concrete Load Doc and Asphalt Parking Lot.

Recommendation: Receive the staff report and adopt the resolutions as submitted.

10. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6640 - AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH

RONNYS INC TO PROVIDE LANDSCAPE MAINTENANCE SERVICES FOR THE CITY OF LOS BANOS.

Recommendation: Receive staff report and adopt the resolution as submitted.

11. CONSIDERATION OF APROVAL OF CITY COUNCIL RESOLUTION NO. 6641 - APPROVING THE DESIGN INFORMATION BULLETIN 23-01 - INTERIM STANDARDS FOR TYPICAL STREET SECTION ST-1 AND SIDEWALK CURB AND GUTTER SECTION ST-6.

Recommendation: Receive staff report and adopt the resolution as submitted.

12. ADVISEMENT OF PUBLIC NOTICES. (Four Reports)
Recommendation: Informational item only, no action to be taken.

13. CITY MANAGER REPORT.

Recommendation: Informational item only, no action to be taken.

14. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), MEASURE V COMMITTEE, AND

SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD),

AND LOS BANOS DOWNTOWN PROPERTY & BUSINESS IMPROVEMENT
DISTRICT (LBDPBID).

Recommendation: Informational item only, no action to be taken.

15. CITY COUNCIL MEMBER REPORTS.

A. Douglas Begonia, Jr. - District 2
B. Brett Jones - District 3
C. Deborah Lewis - District 4
D. Kenneth Lambert - District 1
E. Paul Llanez - Mayor

16. ADJOURNMENT.
r I hereby certify under penalty of perjury under the laws of the State of California that the foregoing po~ ~ Hall bulletin board not less than 72 hours prior to the meeting.

Sara Blevins, Assistant City Clerk Dated this 12th day of May 2023 Los Banos City Council Agenda - May 17, 2023 Page 4 of4 5 ITEM 5A

CERTIFICATE OF RECOGNITION
<Presented 'To

ROSEMARIE SOUTO
Accountant II - Finance Department
In recognition of your outstanding perfonnance
and dedicated service to the City of Los (]3anos and
for 6eing named "P,mp{oyee of the :Month "for .Jlpri{ 2023. <Pau[ £{anez, 'Mayor
<Date£: 'May 17, 2023
LC>sBanos
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ITEM 5B
LOsBanos
11 , s rh/m 11 ·

PROCLAMATION RECOGNIZING
NATIONAL DAY OFP.RAFBR
WHEREAS, "In God We Trust" is more than a slo9an that appears on our currency; it describes an attitude shared by most of those who founded our great Nation; and
WHEREAS:, those who trust God pray and the history of our country has been and continues to he indelibly marked by people who come to God in prayer; and WHEREAS, while prayer is a deeply personal experience and its expression is shaped b-y different retigious convictions, it is a meaningful'pa-r:t of 1efe for many people; and
WHEREAS,. ClUr greatest leaders have always turned topray,er in times of crisis and many men andi women representing every walk of life pray~· and WHEREAS, the President and the Governors of the Um:ited States have set aside a special day of prayer and invite all Californians to prayjc,:J;1r our Nation and our State.

NOW, THEREFORE, BE IT PROCLAIMED that the May,o,r and City Council Members of fhe City of Los Banos do hereby proclaim Thursday,. May 4, 2023, as NATIONAL DAY OF PRAYER in Los Banos and encourage <fxu11 fellow citizens to humbly join us irrr1; prayer, asking that God would give His people wisdom to differentiaite between what is impo-rtant and what is not, the COM1i'CliffJe- ta, make difficult decisions, a witl'ingness to ask for and to receive forgiveness, andi the str:eng:th to meet . - the challenges that come before us.

In witness whereof, 1 have hereunto set my
hand and caused to be affixed the seal of the
City of Los Banos, this 17th day of May 2023.

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
8 ITEM 5C
LOsBanos
PROC.llAMATlON RECOGNIZING

NATIONAL, PUBLIC WORKS WEEK
WHEREAS, public works professionals focus on infrastructure, facilities, and services that are of vital importance to sustainable and resilient communities, public health, high quality of life, and well-being of the people of the City of Los Banos; and WHEREAS, these infrastructures, facilities, and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers, and employees at all levels of government and the private sector, who are responsible for ,rebuilding, improving, and protecting our Nation's transportation, water supply, water treatment and solid waste systems, public buildings, airports, parks and other structures and facilities essential/or our citizens; and
WHEREAS, it is in the public interest for the citizens, civic leaders, and' childre111: in the City of Los Banos to gain knowledge and maintain ongoing interest and understanding of the importance of public works and public works programs in their respect11ve communities; and WHEREAS, the year 2023 marks the 63nd annual National Public Works Week sponsored by the American Publ'ic Works Association/ Canadian Public Works Association.

NOW, THEREFORE., BE IT PROCLAIMED,. that the Mayor and City1 Council Members of the Ci:ty of Los Banos do hereby desig,nate the week of May 21-27; 2023 as National' Public Works Week in the City, of Los Banos and urge all' citizens to join with representatives of the American Public Works Association and government agencies in adivities, events, and ceremonies designed to pay tribute to our public works professionals, engineers, managers, and employees and to recognize the substantial contributions they make to protecting our national health, safety, and quality of life.

In witness whereof, I have hereunto set my hand
and caused to be affixed the seat of the City of Los
Banos, this 1 71h day of May 2023.

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
9 ITEM 5D
LOsBanos
msmti h/mn
PROCLA.MA TION RECOGNIZING

NATIONAL POLICE WEEK AND

PEACE OFFICERS' MEMORIAL DAY
WHEREAS, the Congress of the United States of America has designated the week of May 14th to be dedicated as "National Police Week" and May 15th of each year to be "Police Officers' Memorial Day"; and
WHEREAS, law enforcement officers are our guardians of life and property, defenders of the individual nght to be free, warriors in the war against crime and dedicated to the preservation of life, liberty, and the pursuit of happiness; and WHEREAS, since the first recorded death in 1786, more than 25,000 law enforcement officers in the United States have made the ultimate sacrifice and have been killed in the line of duty; and
WHEREAS, new names of these dedicated public servants are engraved on the walls of the National Law Enforcement Officers Memorial in Washington D.C.; and WHEREAS, May 15th is designated as Peace Officers' Memorial Day, in honor of all fallen officers and their families and U.S. flags should be flown at half-staff each year on this day.

NOW, THEREFORE, BE IT PROCLAIMED, that the Mayor and City Council Members of the City of Los Banos do hereby proclaim the week of May 14 - 20, 2023, as Police Week in the City of Los Banos and publicly salutes the service of law enforcement officers in our community and in communities across the nation.

In witness whereof, I have hereunto set my hand
and caused to be affixed the seal of the City of
Los Banos, this 17th day of May 2023.

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk

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10 11
ITEM 7A
CK # 238362 - # 238843 05/17/2023 $4,525,875.47
Check Report LOsBanos
Check by Date -~. :'° ·: ( ~: .. :,: ,·~;··:,;;}:; ~ r r-·:•~·~_; .. ."~i ::\-r Check No Check Date Vendor Name Payment Type Void Amount 238362 04/14/2023 Ad Art, Inc. Regular 81,189.36
238363 04/14/2023 Gregory Almeida Regular 179.60
238364 04/14/2023 AmerigasPropane,LP Regular 1,072.55
238365 04/14/2023 Animal Damage Management, Inc. Regular 4,470.00 238368 04/14/2023 Anthony Gomes Regular 502.93
238369 04/14/2023 Apex Annex Health Center, Inc. Regular 1,809.00 238370 04/14/2023 Aramark Uniform Ser Inc Regular 914.75 238371 04/14/2023 AramarkUniform & Career Apparel Group, Inc. Regular 150.37 238372 04/14/2023 AT&T Regular 1,518.85
238373 04/14/2023 AT&T Regular Void -922.64
238374 04/14/2023 Jessica Abejuela Regular 300.00
238375 04/14/2023 American Construction and Supply Inc. Regular 907.70 238376 04/14/2023 Michael George Bonillas Regular 680.00 238377 04/14/2023 Boot Barn Regular 190.00
238378 04/14/2023 Brinks Inc. Regular 774.30
238379 04/14/2023 Bruce's Tire Inc Regular 183.00
238380 04/14/2023 BSK Associates Regular 3,772.85
238381 04/14/2023 Burton's Fire Inc. Regular 2,420.22
238382 04/14/2023 Ca Dept of Justice Cashiering Unit Regular 764.00 238383 04/14/2023 Cal Traffic Regular 104.04
238384 04/14/2023 Central Valley Cardiovascular Group Inc. Regular 200.00 238385 04/14/2023 Central Valley Toxicology, Inc Regular 255.00 238386 04/14/2023 Cintas Corporation No.2 Regular 64.74 238387 04/14/2023 City of Merced Regular 240.00
238388 04/14/2023 Central Sanitary Supply, LLC Regular 3,108.91 238389 04/14/2023 Clark Pest Control Inc Regular 108.00 238390 04/14/2023 Comcast Regular 273.81
238391 04/14/2023 Cook's Communications Corp. Regular 150.00 238392 04/14/2023 Covanta Holding Company Regular 401.10 238393 04/14/2023 LN Curtis & Sons Regular 68.11
238394 04/14/2023 Compound Grounds LLC Regular 500.00
238395 04/14/2023 Liliana Costa Regular 50.00
238396 04/14/2023 Andrew Denny Regular 425.00
238397 04/14/2023 Electric Drives Inc Regular 1,000.46
238398 04/14/2023 Employee Relations, Inc. Regular 50.00 238399 04/14/2023 Federal Express Corporation Regular 50.14 238400 04/14/2023 Ferrellgas, Inc. Regular 264.73
238401 04/14/2023 Filipino-American Association Los Banos Regular 600.00 238402 04/14/2023 Eric Gallichio Regular 663.00
238403 04/14/2023 GoTo Communications, Inc. Regular 3,012.53 238404 04/14/2023 Grainger Parts Operations Regular 397.16 238405 04/14/2023 Halcyon Creek Inc. Regular 4,785.16
238406 04/14/2023 Henley Pacific, LLC Regular 469.22
238407 04/14/2023 Anthony E. Hernandez Regular 50.00
238408 04/14/2023 Jose Hernandez Regular 50.00
238409 04/14/2023 Innerline Engineering Inc. Regular 7,030.00 238410 04/14/2023 Brianna Jeske Regular 50.00
238411 04/14/2023 Kings View Corporation Regular 400.00 238412 04/14/2023 Brent Kuhn Regular Void -26,187.92
238413 04/14/2023 Stephanie Kusayanagi-Dees Regular 50.00 238414 04/14/2023 Language Line Services Regular 12.09
12 238415 04/14/2023 TimJLaw Regular 3,200.00
238416 04/14/2023 Lawson Products, Inc. Regular 165.53
238417 04/14/2023 Gregory J Lever Regular 60.00
238418 04/14/2023 Lincoln Equipment Inc Regular 239.83
238419 04/14/2023 Los Banos Chamber Of Commerce Regular 25,000.00 238420 04/14/2023 Loyal 9 Manufacturing LLC Regular 4,302.58 238421 04/14/2023 Lucas Business Systems Regular 1,077.04 238422 04/14/2023 Tiana Lara Regular 350.00
238423 04/14/2023 Los Banos Congregation Regular 500.00 238424 04/14/2023 Mark Thomas & company. Inc. Regular 30,951.23 238425 04/14/2023 Marfab Inc Regular 23.13
238426 04/14/2023 Merced County Regional Waste Management Authority Regular 8,685.96 238427 04/14/2023 Merced MRI Medical Group Regular 130.00 238428 04/14/2023 Merced Truck & Trailer Inc Regular 283.70 238429 04/14/2023 Mid Cal Pipeline & Utilities, Inc. Regular 221,084.00 238430 04/14/2023 Mid-Valley Disposal LLC Regular 270,342.01 238431 04/14/2023 Monterey Auto Services Inc. Regular 2,545.93 238432 04/14/2023 Mount Brow Lodge 82 Regular 20,000.00 238433 04/14/2023 Musco Corporation Regular 577.83
238434 04/14/2023 Martha Mahan Regular 600.00
238435 04/14/2023 Merced County First 5 Regular 100.00
238436 04/14/2023 Merced County Registrar of Voters Regular 50.00 238437 04/14/2023 NDN International LLC Regular 316
.07
238438 04/14/2023 Nossaman, LLP Regular 88,919.50
238439 04/14/2023 O'Dell Engineering Regular 3,916.25
238440 04/14/2023 OSE Regular 647.05
238441 04/14/2023 PG&E Company Regular Void -134,923.06 238442 04/14/2023 Josh Pinheiro Regular 909.41
238443 04/14/2023 Pinnacle Medical Group, Inc. Regular 115.00 238444 04/14/2023 Pitney Bowes Inc Regular 144.41
238445 04/14/2023 Premier Access Insurance Co. Regular 21,382.66 238446 04/14/2023 Purchase Power Inc Regular 3,030.00
238447 04/14/2023 Protech Security & Electronics, Inc. Regular 4,371.53 238448 04/14/2023 Fernando Pena Regular 50.00
238449 04/14/2023 Quad Knopf, Inc. Regular 328.00
238450 04/14/2023 Jeremy Rahn Regular 88.00
238451 04/14/2023 Ronny's Inc. Regular 2,100.00
238452 04/14/2023 SJVAPCD Regular 577.00
238453 04/14/2023 Safe T Lite of Modesto, Inc. Regular 535.42 238454 04/14/2023 Save Mart Supermarkets Regular 243.32 238455 04/14/2023 Sherwin Williams Co Regular 792.17
238456 04/14/2023 Shred-It US JV LLC Regular 370.42
238457 04/14/2023 SIJ Holdings, Inc Regular 1,884.86
238458 04/14/2023 Springbrook Software, Inc. Regular 2,499 .00
238459 04/14/2023 Sorensens True Value Regular 1,215.35 238460 04/14/2023 Sorensens True Value Regular 65.86
238461 04/14/2023 Sorensens True Value Regular 55.45
238462 04/14/2023 Sun Life Financial Regular 6,902.72
238463 04/14/2023 Swinerton Builders Regular 1,171,203.80 238464 04/14/2023 SWRCB Accounting Office Regular 2,442.00 238465 04/14/2023 Technicon Engineering Services, Inc. Regular 2,457.50 238466 04/14/2023 Technoflo Systems Regular 2,241.66
238467 04/14/2023 TeamCalifomia Economic Development Corp. Regular 3,000.00 238468 04/14/2023 Thirkettle Corporation Regular 19,774.22 238469 04/14/2023 Samantha Alison Tova Regular 252.50
238470 04/14/2023 Tractor Supply Credit Plan Regular 157.11 238471 04/14/2023 Triangle Rock Products Regular 735.98 238472 04/14/2023 Turf Star Inc. Regular 85.68
238473 04/14/2023 Chenny Francine Turner Regular 25,000.00 238474 04/14/2023 Tyler Technologies, Inc. Regular 6,235.00 13 238475 04
/14
/2023 Verity Sanitation Supply, LLC Regular 175.09
238476 04/14/2023 Westside Veterinary Service, Inc. Regular 270.98 238477 04
/14/2023 Westside Water Conditioning Regular 38
.50
238478 04/14
/2023 West Publishing Corporation Regular 444
.62
238479 04/14/2023 Windecker Inc Regular 32,266.26
238480 04/14
/2023 Paschina W eedling Regular 50.00
238481 04/14/2023 Young's Air Conditioning Regular 1,870 .85
238482 04/14/2023 ZWUSAinc. Regular 1,229
.86
238488 04/20/2023 Brent Kuhn Regular 26,187
.92
238489 4/20/2023 Aflac-Customer Service Regular 270.18
238490
4/20/2023 AFSCME District Council 57 Regular 1,536
.89
238491
4/20/2023 Empower Annuity Ins. Co of America Regular 1,165.47 238492 4/20/2023 Empower Annuity Ins. Co of America Regular 1,990 .00
238493 4/20/2023 Los Banos Fitness & Regular 305.00
238494 4/20/2023 Los Banos Police Assn Regular 280
.00
238495
4/20/2023 Los Banos Police Assn
Regular 840
.00
238496 4/20/2023 Mission Square Regular 8,700.00
238497 4/20
/2023 Mission Square Regular 441
.65
238498
4/20/2023 Nationwide Retirement Solutions Regular 5,448 .33
238499 4/20/2023 Professional Fire Fighter of Los Banos Local 4703 Regular 900.00 238500
4/20/2023 State Disbursement Unit Regular 937
.50
238501
4/20/2023 Katherine Napoli Regular 20.10
238502 4/20/2023 Maria Aragon Regular 20
.10
238503
4/20/2023 Mary Jayne Budd Regular 118.23
238504 4/20/2023 Mei Wen Yan Regular 114.95
238505
4/20/2023 Perla Virgen-Silva Regular 49.53
238506 4/20/2023 Home Sweet Home Property Management Co. Regular 180.38 238507
4/20/2023 Ravi Mishra Regular 75
.70
238508
4/20/2023 Juan Marin Regular 16
.82
238509 4/20/2023 Blossom Valley Realty, JR Souza Regular 16 .82
238510
4/20/2023 Alta Real Estate Services, Inc. Regular 56
.07
238511
4/20/2023 Antonio Jeronimo Regular 31.17
238512
4/20/2023 Raymond Perez Zavala Jr Regular 105.14
238513
4/20/2023 Karla Gomez Regular 56
.07
238514 4/20/2023 Century Communities Regular 184
.98
238515 4/20
/2023 Manisha Reeba) Regular 180
.23
238516
4/20/2023 Century Communities Regular 177.07
238517
4/20/2023 AkmFaruque Regular 56.07
238518
4/20/2023 MHP Builders Inc Regular 165.21
238519 4/20/2023 Jose Rivas Regular 45.48
238520 4/20/2023 Mickel Seeley Regular 91.55
238521
4/20/2023 Century Communities Regular 192.07
238522
4/20/2023 Yaret and Juan Canchola Regular 15
.13
238523
4/20/2023 Denise Cornejo Regular 29
.91
238524 4/20/2023 Rachel Rodriguez Regular 84
.59
238525
4/20/2023 Reyes & Diane Palacios Regular 33.19
238526
4/20/2023 Lilia Quezada Garcia Regular 98.60
238527
4/20/2023 Valente Pena Regular 33.19
238528
4/20/2023 Manuel Chavarria III Regular 111.07
238529 4/20/2023 Century Communities Regular 171.54
238530
4/20
/2023 MHP Builders Inc Regular 162.84
238531 4/20/2023 Luis Guerrero Chavez Regular 101.87
238532
4/20/2023 Juan Perez Regular 200.00
238533
4/20/2023 Emily Osuna Regular 200
.00
238534 4/20/2023 Ashley Cortez Regular 200.00
238535
4/20/2023 Andy and Stephanie Vences Regular 101.87
238536
4/20/2023 Matthew Tang Regular 101.87
238537 4/20/2023 Merced Rescue Mission Regular 200.00
238538 4/20/2023 Aida Sanchez Regular 133.54
238539 4/20/2023 Dirk Haasner Regular 19.03
14 238540 4/20/2023 Alma Mijares Regular 101.87
238541 4/20/2023 Annando Rabago Vindiola Regular 101.87 238542 4/20/2023 Ramon Alvarez Partida Regular 93.63
238543 4/20/2023 Leila Birchard Regular 101.87
238544 4/20/2023 Irene Aquino Regular 101.87
238545 4/20/2023 Larry Alaoen Regular 101.87
238546 4/20/2023 Maria Jaurez Regular 101.87
238547 4/20/2023 Aaron Estrada Regular 101.87
238548 4/20/2023 Sarah Gomer Regular 101.87
238549 4/20/2023 Isaac Garcia Regular IO 1.87
238550 4/20/2023 Jose Ramirez Regular 101.87
238551 4/20
/2023 Alvaro Rocha Alvarez Regular 101.87
238552 4/20/2023 Charles Messer Regular 101.87
238553 4/20/2023 Reynaldo Garcia Regular 101.87
238554 4/20/2023 Ivan Nieves Regular 101.87
238555 4/20
/2023 Tracy Deisenroth Regular 125.59
238556 4/20/2023 Jorge Olivares Regular I 01.87
238557 4/20/2023 Esther Flores Regular 103.74
238558 4/20
/2023 Daniel Brooks Regular 43
.19
238559 4/20/2023 Alvaro Delgado Regular 200.00
238560 4/20/2023 Francisco Figueroa Regular I 01.87
238561 4/20/2023 Carlos Rodriguez Regular 101.87
238562 4/20/2023 Brian Durham Regular 101.87
238563 4/20/2023 Judy Segura Regular 101.87
238564 4/20/2023 Shelly Fifield Regular 98
.21
238565
4/20/2023 Jose Montenegro Regular 101.87
238566 4/20/2023 Patricia Corral Regular 101.87
238567 4/20/2023 Jennifer Hogan Regular 101.87
238568
4/20/2023 Kasey Alim Regular 200
.00
238569 4/20/2023 Laura Metz Regular 101.87
238570 4/20/2023 Ulpiano Vidanes Regular 101.87
238571 4/20
/2023 Tim English Regular l O 1.87
238572 4/20
/2023 Juan Quintana Calderon Regular 101.87
238573 4/20/2023 Mark Walton Sr Regular 200.00
238574 4/20/2023 Cecilio Garcia Calix Regular 101.87
238575
4/20/2023 Anthony Cortez Regular I 01.87
238576 4/20/2023 Jose Quiroz Regular 101.87
238577 4/20/2023 Ashly Bascue Regular I 01.87
238578 4/20/2023 Efrain Rodriguez Regular 78
.99
238579 4/20
/2023 Nelson Gallardo Marquez Regular 101.87
238580 4/20/2023 Brenda Clark Regular 101.87
238581 4/20/2023 Dominique Biddlecome Regular 101.87
238582 4/20
/2023 Ernie Smith Regular 101.87
238583 4/20/2023 Edith Plascencia Regular 200.00
238584 4/20/2023 Daena Annenta Regular 200
.00
238585
4/20/2023 Jeff Barnhouse Regular JOO.SO
238586 4/20/2023 Home Sweet Home Property Management Co. Regular 78.51 238587 4/20/2023 Shelly and Joseph Gipson Regular 22.89 238588 4/20
/2023 Borelli Real Estate Services Regular 26
.17
238589 4/20/2023 Jessica Munoz Regular 64.02
238590 4/20/2023 Meritage Homes Regular 23.72
238591 4/20
/2023 Meritage Homes Regular 23
.72
238592 4/20/2023 Meritage Homes Regular 23.72
238593 4/20/2023 Meritage Homes Regular 23.72
238594 4/20/2023 Meritage Homes Regular 23.72
238595 4/20/2023 Meritage Homes Regular 23
.72
238596 4/20/2023 Meritage Homes Regular 23.72
238597 4/20/2023 Century Communities Regular 8.72
238598 4/20/2023 Century Communities Regular

8.72 238599 4/20/2023 Century Communities Regular 3.95
15 238600 4/20/2023 Joe Bassi Regular 98.13
238601 4/20/2023 Alta Real Estate Services, Inc. Regular 98.13 238602 4/20/2023 Alta Real Estate Services, Inc. Regular 98.13 238603 4/20/2023 Maria Azevedo Regular 96.59
238604 4/20/2023 Shanin Sloan Regular 32.71
238605 4/20/2023 Breckenridge Property Fund 2016 LLC Regular 128.04 238606 4/20/2023 Breckenridge Property Fund 2016 LLC Regular 200.00 238607 4/20/2023 Jose Resendez Regular 5.14
238608 4/20/2023 Sylvia Chaires Regular 45.65
238609 4/20/2023 Susana Soliz Regular 200.00
238610 4/20/2023 Joe Jimenez Regular 52.80
238611 4/20/2023 Gaudeucio Balbuena Regular 108.42
238612 04/21/2023 Apex Annex Health Center, Inc. Regular 571.00 238613 04/21/2023 Aramark Uniform Ser Inc Regular 590.24 238614 04/21/2023 AramarkUniform & Career Apparel Group, Inc. Regular 141.76 238615 04/21/2023 AT&T Mobility Regular 5,626.02
238616 04/21/2023 AT&T Regular 494.99
238617 04/21/2023 AT&T Regular 112.35
238618 04/21/2023 Dorothy June Baker Regular 930.36
238619 04/21/2023 BJ's Consumers Choice Pest Control Inc. Regular 76.00 238620 04/21/2023 Richard A Blak Phd Regular 450.00
238621 04/21/2023 Boot Barn Regular 190.00
238622 04/21/2023 BSK Associates Regular 878.00
238623 04/21/2023 Callander Associates Landscape Architecture, Inc. Regular 3,948.41 238624 04/21/2023 CENCAL Machine & Fabrication Inc. Regular 258.05 238625 04/21/2023 Cintas Corporation No.2 Regular 146.86 238626 04/21/2023 CCID Regular 28,251.94
238627 04/21/2023 Manuel A Avila Regular 221.01
238628 04
/21/2023 Comcast Regular 167.21
238629 04/21/2023 CSG Consultants Inc. Regular 85,821.40 238630 04/21/2023 E & J Elite Plumbing Regular 1,260.00 238631 04/21/2023 F S Rodine Regular 1,016.43
238632 04/21/2023 Fresno City College Regular 150.00
238633 04/21/2023 Blanca Fuentes Regular 600.00
238634 04/21/2023 Galvin Preservation Associates, Inc. Regular 28,958.73 238635 04/21/2023 Gouveia Engineering Inc. Regular 47,476.89 238637 04/21/2023 Grainger Parts Operations Regular 1,209.30 238638 04/21/2023 Guadalupe Garcia Regular 600.00
238639 04/21/2023 Halcyon Creek Inc. Regular 6,717.99
238640 04/21/2023 Helena Chemical Co Inc Regular 7,622.85 238641 04/21/2023 Henley Pacific, LLC Regular 294.13
238642 04/21/2023 Holt of California Regular 147,701.18 238643 04/21/2023 Home Depot Regular 9,193.10
238646 04/21/2023 InfoSend Inc. Regular 10,843.50
238647 04/21/2023 Laboratory Corporation of America Holdings Regular 434.70 238648 04/21/2023 LC Action Police Supply, LTD Regular 856.96 238649 04/21/2023 Lucas Business Systems Regular 8.12
238650 04/21/2023 Marfab Inc Regular 40.56
238651 04/27/2023 Marvulli Inc. Regular Void -518,382.04 238652 04/21/2023 McNamara Sports Inc Regular 10,348.96 238653 04/21/2023 Merced County Human Services Agency Regular 200,000.00 238654 04/21/2023 Mid-South Metal Products, Inc. Regular 11,543.82 238655 04/21/2023 Mid-Valley Disposal LLC Regular 268,927.30 238656 04/21/2023 Memorial Hospital Los Banos Regular 500.00 238657 04/21/2023 Nichols-Melburg & Rossetto, AJA & Associates, Inc. Regular 2,050.00 238658 04/21/2023 O'Reilly Auto Parts Regular 614.13
238659 04/21/2023 Outfront Media Inc. Regular 6,000.00
238660 04/21/2023 PG&E Company Regular 134,852.25
238661 04/21/2023 PlaceWorks, Inc. Regular 6,007.80
238662 04/21/2023 Price Paige and Company CP A's LLP Regular 1,500.00 16 238663 04/21/2023 Quality Code Publishing Regular 2,321.00 238664 04/21/2023 Razzari Dodge Chrysler Jeep Regular 166.27 238665 04/21/2023 Robert Ramirez Regular 350.00
238666 04/21/2023 SJVAPCD Regular 1,375.00
238667 04/21/2023 Sample Traps LLC Regular 440.00
238668 04/21/2023 Save Mart Supermarkets Regular 101.30 238669 04/21/2023 SHI International Corp Regular 4,354.60 238670 04/21/2023 Frank Silveria Regular 382.00
238671 04/21/2023 Sorensens True Value Regular 276.94
238672 04/21/2023 Stantec Consulting Services, Inc. Regular 250.00 238673 04/21/2023 Superior Pool Products, LLC Regular 4,231.45 238674 04/21/2023 The Heil CO Regular 220.00
238675 04/21/2023 Thirkettle Corporation Regular 21,493.35 238676 04/21/2023 Triangle Rock Products Regular 5,750.27 238677 04/21/2023 Tyler Technologies, Inc. Regular 12,715.00 238678 04/21/2023 US Bank Corp Pymt System Regular 36,287.11 238679 04/21/2023 Vanir Construction Management, Inc. Regular 109,000.00 238680 04/21/2023 Windecker Inc Regular 533.55
238681 04/27/2023 Youngs Air Conditioning Regular Void -396.00 238682 04/21/2023 Christy McCammond Regular 241.10
238683 04/21/2023 Merced County Clerk Regular 50.00
238684 04/21/2023 Sam Morales Regular 5,184.00
238685 04/21/2023 Guadalupe Moreno Regular 55.70
238686 04/21/2023 Jose M. Parra Regular 5,000.00
238687 04/21/2023 Sorensens True Value Regular 86.95
238688 04/27/2023 SWRCB Accounting Office Regular Void -658.00 238689 04/21/2023 VCA Animal Hospitals, Inc. Regular 150.00 238690 04/21/2023 Law Offices of William A Vaughn Regular 20,039.85 238692 04/26/2023 Westamerica Bank
- Cafeteria Plan Regular 79,864.05
238693 04/28/2023 AAA Business Supplies Regular 343.90
238694 04/28/2023 Abbott & Kindermann, Inc. Regular 89.66 238695 04/28/2023 American Self Storage Regular 20.00
238696 04/28/2023 Aramark Uniform Ser Inc Regular 776.36 238697 04/28/2023 Bruce's Tire Inc Regular 39.50
238698 04/28/2023 BSK Associates Regular 3,810.50
238699 04/28/2023 CENCAL Machine & Fabrication Inc. Regular 11.18 238700 04/28/2023 Manuel A Avila Regular 691.79
238701 04/28/2023 Central Sanitary Supply, LLC Regular 282.97 238702 04/28/2023 Central Valley Concrete Inc. Regular 6,855.60 238703 04/28/2023 Comcast Regular 327.22
238704 04/28/2023 LN Curtis & Sons Regular 613.35
238705 04/28/2023 City of Los Banos Utility Regular 4,445.71 238706 04/28/2023 Dos Palos Publishing Company Regular 100.00 238707 04/28/2023 E & J Elite Plumbing Regular 480.00
238708 04/28/2023 Engineering Unlimited Inc Regular 421.42 238709 04/28/2023 Fastenal Company Regular 284.08
238710 04/28/2023 Fast Track Car Wash Regular 315.00
238711 04/28/2023 Halcyon Creek Inc. Regular 12,276.00
238712 04/28/2023 Henley Pacific, LLC Regular 330.16
238713 04/28/2023 Kully Supply, Inc. Regular 420.56
238714 04/28/2023 Laboratory Corporation of America Holdings Regular 869.40 238715 04/28/2023 Lawson Products, Inc. Regular 151.06
238716 04/28/2023 Mark Thomas & company. Inc. Regular 105,066.01 238717 04/28/2023 Marfab Inc Regular 118.41
238718 04/28/2023 Marvulli Inc. Regular 59,780.13
238719 04/28/2023 Matson Alarm Co Inc Regular 390.00
238720 04/28/2023 Merced MRI Medical Group Regular 130.00 238721 04/28/2023 Merced Truck & Trailer Inc Regular 384.86 238722 04/28/2023 McElvany, Inc. Regular 907.70
238723 04/28/2023 Gerald "Obie" O'Brien Regular 77.14
17 238724 04/28/2023 O'Dell Engineering Regular 1,396.25 238725 04/28/2023 O'Reilly Auto Parts Regular 896.71
238726 04/28/2023 Pacific Landscape Supply, Inc. Regular 4,153.20 238727 04/28/2023 Pen-Link, LTD Regular 5,348.57
238728 04/28/2023 Pete Grove Regular 50.00
238729 04/28/2023 Premier Access Insurance Co. Regular 20 ,302.53
238730 04/28/2023 Provost and Pritchard Engineering, Inc. Regular 3,815.97
238731 04/28/2023 Protech Security & Electronics, Inc. Regular 317.65 238732 04/28/2023 RAT Incorporated Regular 265
.00
238733 04/28/2023 Razzari Dodge Chrysler Jeep Regular 1,151.78 238734 04/28/2023 Safe T Lite of Modesto, Inc. Regular 280.44 238735 04/28/2023 Santos Ford Inc. Regular 157,890
.00
238736 04/28/2023 Save Mart Supermarkets Regular 217.20 238737 04/28/2023 Sherwin Williams Co Regular 40.01
238738 04/28/2023 Robert & Susan Hansen Regular 338.71
238739 04/28
/2023 Sorensens True Value Regular 560.10
238740 04/28/2023 Standardgates, Inc Regular 5,183.03
238741 04/28/2023 State Water Resources Control Board Regular 110.00 238742 04/28/2023 Sun Life Financial Regular 7,284
.29
238743 05/08/2023 SWRCB Accounting Office Regular Void -1,206.00 238744 04/28/2023 Technicon Engineering Services, Inc. Regular 1,974.50 238745 04/28/2023 Technoflo Systems Regular 1,056.72
238746 04/28/2023 Trans County Title Co. Regular 800.00 238747 04/28/2023 Paul Tualla Regular 418.33
238748 04/28/2023 United States Treasury Regular 155
.60
238749 04/28
/2023 Law Offices of William A Vaughn Regular 12,600.00 238750 04/28/2023 Verizon Wireless Regular 570.15
238751 04/28/2023 Westside Water Conditioning Regular 193.50 238752 04
/28/2023 Windecker Inc Regular 363.90
238753 04/28/2023 Guadalupe Yepez Regular 180.00
238754 04/28/2023 Young's Air Conditioning Regular 18,211.42 238768 05
/05/2023 Anthony Gomes Regular
1,215.39
238769 05/05/2023 AramarkUniform & Career Apparel Group, Inc. Regular 300 .74
238770 05/05/2023 AT&T Regular 308.03
238771 05/05/2023 AT&T Regular 230.05
238772 05/05
/2023 Dorothy June Baker Regular 16.31
238773 05/05/2023 Richard A Blak Phd Regular 900.00
238774 05/05/2023 Borelli Real Estate Service, Inc. Regular 90.00 238775 05/05/2023 Bound Tree medical LLC Regular 687
.57
238776 05/05/2023 Capital Rivers, Inc Regular 28,000.00 238777 05/05/2023 CDTF A California Dept. of Tax & Fee Regular 311.00 238778 05/05
/2023 Cintas Corporation No.2 Regular 351.28
238779 05/05
/2023 Central Sanitary Supply, LLC Regular 146.62
238780 05/05/2023 Coffee Break Service Inc. Regular 189.34 238781 05/05
/2023 CSG Consultants Inc. Regular 5,100
.00
238782 05/05/2023 California Garlic & Onion Dehydrator Advisory Board Regular 300.00 238783 05/05/2023 D & D Pest Control Regular 183.00
238784 05/05/2023 Delta Wireless, Inc. Regular 652.50
238785 05
/05/2023 Deptartment of Transportation Office of Outdoor Ad Regular 250.00 238786 05/05/2023 Pete Duarte Regular 350.00
238787 05/05/2023 Employee Relations, Inc. Regular 50.00 238788 05/05/2023 Federal Express Corporation Regular 25 .26
238789 05/05/2023 Federal Processing Registry Regular 1,999.00 238790 05/05/2023 Galvin Preservation Associates, Inc. Regular 97,983.32 238791 05/05
/2023 Claudia Gonzalez Regular 65
.00
238792 05/05/2023 Halcyon Creek Inc. Regular 9,447.87
238793 05/05/2023 Patricia Insunsa Regular 600.00
238794 05/05/2023 Jerry Witt Regular 2,389.00
238795 05
/05/2023 TimJLaw Regular 1,600.00
238796 05/05/2023 Lucas Business Systems Regular 1,166.58 18 238797 05/05/2023 Taundie Lacasa Regular 400.00
238798 05/05/2023 Mid Cal Pipeline & Utilities, Inc. Regular 1,000.00 238799 05/05/2023 MCG Architecture-Corporate Accounting Regular 392.88 238800 05/05/2023 NDN International LLC Regular 1,120.24 238801 05/05/2023 Normac Inc Regular 888.61
238802 05/05/2023 O'Dell Engineering Regular 17,280.00
238803 05/05/2023 OSE Regular 926.96
238804 05/05/2023 Gametime Regular 88,092.31
238805 05/05/2023 Provost and Pritchard Engineering, Inc. Regular 79,188.15 238806 05/05/2023 Ronny's Inc. Regular 45,581.88
238809 05/05/2023 Natalia Ramirez Regular 300.00
238810 05/05/2023 Save Mart Supennarkets Regular 110.96 238811 05/05/2023 Sorensens True Value Regular 147.85
238812 05/05/2023 Superior Pool Products, LLC Regular 7,051.45 238813 05/05/2023 SunRun Installation Services Regular 342.66 238814 05/05/2023 Tractor Supply Credit Plan Regular 569.72 238815 05/05/2023 Tyler Technologies, Inc. Regular 12,905.00 238816 05/05/2023 Westside Water Conditioning Regular 38.50 238817 05/05/2023 Windecker Inc Regular 3,069.19
238818 05/05/2023 Young's Air Conditioning Regular 348.50 238819 05/05/2023 BK Beauty Services Inc Regular 8,000.00 238821 05/05/2023 Geosyntec Consultants, Inc. Regular 13,250.95 238822 05/05/2023 Fernando Garcia Regular 375.00
238823 05/05/2023 Ziad Husein Regular 15,000.00
238824 05/05/2023 Brent Kuhn Regular 29,048.54
238825 05/05/2023 Liebert Cassidy Whitmore Regular 6,508.50 238826 05/05/2023 Paul Llanez Regular 346.96
238827 05/05/2023 Santa Martinez Ortiz Regular 19,000.00 238828 05/05/2023 Ronny's Inc. Regular 1,432.18
238829 05/05/2023 Maria H Tostado Regular 6,000.00
238830 05/05/2023 Ronny's Inc. Regular 9,110.00
238832 05/08/2023 Aflac-Customer Service Regular 270.18 238833 05/08/2023 AFSCME District Council 57 Regular 1,615.55 238834 05/08/2023 Empower Annuity Ins. Co of America Regular 1,165.47 238835 05/08/2023 Empower Annuity Ins. Co of America Regular 1,990.00 238836 05/08/2023 Los Banos Fitness & Racquet Club Regular 305.00 238837 05/08/2023 Los Banos Police Assn Regular 245.00
238838 05/08/2023 Los Banos Police Assn Regular 840.00
238839 05/08/2023 Mission Square Regular 441.65
238840 05/08/2023 Mission Square Regular 6,975.00
238841 05/08/2023 Nationwide Retirement Solutions Regular 5,448.33 238842 05/08/2023 Professional Fire Fighter of Los Banos Local 4703 Regular 900.00 238843 05/08/2023 State Disbursement Unit Regular 937.50 Break in check sequence due to the following:

Check #238483 - #238487 (Payroll)
Check #238636 (Manual Void) Payment Type
Check#238644 - #238645 (Manual Void) Regular Checks 454 5,208,551.13 Check #238691 (Manual Void) Manual Checks 0 0.00
Check #238755 - #238767 (Payroll) Voided Checks 7 -682,675.66 Check #238807 - #238808 (Manual Void)
Check #238820 (Payroll) 461 4,525,875.47
Check #238831 (Payroll)
ITEM 7B
19 CITY OF LOS BANOS

CITY COUNCIL MEETING MINUTES
APRIL 19, 2023
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.

CALL TO ORDER: Mayor Llanez called the City Council Meeting to order at the hour of 6:00 p.m.

PLEDGE OF ALLEGIANCE: Police Chief Brizzee led the pledge of allegiance.

ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Doug Begonia, Brett Jones, Kenneth Lambert, Deborah Lewis, Mayor Paul Llanez; ABSENT:

None.

STAFF MEMBERS PRESENT: City Manager Pinheiro, City Attorney Vaughn, Police Chief Brizzee, City Clerk/Human Resources Director Mallonee, City Treasurer Lawrence, Fire Chief Tualla, Community & Economic Development Director Souza Elms, Public Works Director/City Engineer Than, Interim Finance Director Kuhn CONSIDERATION OF APPROVAL OF AGENDA: Motion by Jones, seconded by Lambert to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present.

PRESENTATIONS: PROCLAMATION - RECOGNIZING NATIONAL POPPY DAY.

Mayor Llanez presented and read the proclamation, for which Jeri Alves and other members of the VFW Women's Auxiliary were in attendance to accept.

PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL

MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Mayor Llanez opened the public forum and asked those at the meeting if they would like to speak: ANN McCAULEY, Los Banos, stated that she would like to recognize our Mayor, Council, City Manager and Fire Chief on the fabulous job they are doing, she likes the attitude the Mayor has, she spoke regarding the animal shelter and another million dollars added to the program, really pleased to see Josh Pinheiro back and all the progress he is making, spoke regarding the Merced County Volunteer Recognition Program she has been involved in, spoke to the organizations who were nominated and selected, i.e. Dos Palos Service Club, Los Banos VFW and Los Banos American Legion and how they are so involved in the community, spoke regarding the Flag Service Program, the upcoming Veterans Parade, ceremony to 20 Resolution No. 6625 - Authorizing the City Manager to Execute a Professional Service Agreement Amendment with Mark Thomas for the Downtown Master Plan/Civic Master Plan. The motion carried by the affirmative action of all Council Members present.

City Council Resolution No. 6623 - Amending the Fiscal Year 2022-2023 Budget by Increasing Appropriations in the General Fund Maintenance Line Item 100-452-100-720 for Expenditures in the Amount of $12,500 for the Purchase of a Replacement Air Conditioning Unit at the Miller and Lux Building. Council Member Lewis inquired as to if this item went out for public bid for which Public Works Director/City Engineer Than stated that this is part of the maintenance service provided by Young's Air Conditioning.

Motion by Lewis, seconded by Lambert, to adopt City Council Resolution No. 6627 - Authorizing Examination of Sales or Transaction and Use Tax Records. The motion carried by the affirmative action of all Council Members present.

PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF

AN ANNUAL ADJUSTMENT TO THE LOS BANOS DEVELOPMENT IMPACT FEE

SCHEDULE BASED ON THE ENGINEERING NEWS RECORD CONSTRUCTION COST INDEX; CITY COUNCIL RESOLUTION NO. 6626 -APPROVING AN INCREASE

IN DEVELOPMENT IMPACT FEES TO REFLECT INCREASES IN THE ENGINEERING NEWS RECORD CONSTRUCTION COST INDEX FOR 2023. Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation.

Mayor Llanez opened the public hearing. No one came forward to speak and the public hearing was closed.

Motion by Lambert, second by Jones to adopt City Council Resolution No. 6626 - Approving an Increase in Development Impact Fees to Reflect Increases in the Engineering News Record Construction Cost Index for 2023. The motion carried by the affirmative action of all Council Members present.

CONSIDERATION OF AUTHORIZING THE EXAMINATION OF SALES OR TRANSACTION AND USE TAX RECORDS; CITY COUNCIL RESOLUTION NO. 6627 - AUTHORIZING EXAMINATION OF SALES OR TRANSACTION AND USE TAX RECORDS; CITY COUNCIL RESOLUTION NO. 6628 - ACCEPTING AND

APPROVING A CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF LOS BANOS AND MUNI SERVICES, LLC. Interim Finance Director Kuhn presented the staff report, which included a PowerPoint presentation.

There was Council Member and staff discussion regarding Council Member Lewis inquired as to how the monies are collected through sales tax, with the City getting a portion back with the state giving us a breakdown, why all of a sudden do we have a concern about hotel motel tax, concerns with how the agency will be charging us up to $2,500 per visit for travel costs, will they be working out the Redwood 21 BANOS DOWNTOWN PROPERTY & BUSINESS IMPROVEMENT DISTRICT (LBDPBID). Mayor Llanez stated that he and City Manager Pinheiro will be traveling with MCAG One Voice from May 9-12 to Washington D.C. to get support for the possible relocation of our airport to best suit our community, Pioneer Road widening project and Fire Station No. 3 with a EOC; he also attend the last PCE meeting and there is a surplus of funds and he will be talking to them about getting the funds back to our citizens.

CITY COUNCIL MEMBER REPORTS
KENNETH LAMBERT: Wanted to let the Los Banos Chamber of Commerce know he walked the street during the Street Fair and was excited to see all the people that showed up.

DOUGLAS BEGONIA, JR.: No report.

BRETT JONES: No report.

DEBORAH LEWIS: Stated that she just recently found out that she has been replaced as an alternative member on the MCAG committee and is hoping this is something the Mayor didn't approve of, she has not been getting any information from the City Manager, she has not received a phone call or an email and she seeks the Mayor's help on that so that she is informed on what is going on in the City.

PAUL LLANEZ: Stated that he reaches out to our City Manager, he calls and emails the City manager and he responds, he doesn't know who his alternate is on MCAG as this is his first time as Mayor and he only know what he knows, for which City Attorney Vaughn responded to how the selection is made by Council action. Mayor stated that he donated his last City pay checks to Bentley & Papas Hotdogs and Los Banos Little League, if anyone has any questions at any time to contact him as he has a completely open door policy to anyone in the public who wants to talk, he wants to talk about solutions and doesn't want to talk to people who all they do is complain.

ADJOURNMENT. Motion by Jones, seconded by Lambert, the meeting was adjourned at 7:10 p.m. The motion carried by the affirmative action of all Council Members present.

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk

THIS PAGE IS INTENTIONALLY LEFT BLANK
22 ITEM 7C
23 Lityof B os anos
Agenda Staff Report
TO:

FROM:

DATE:

Mayor City Council Members ~
Kim Tomas, Finance Manager ~
May 17, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Third Quarter Investment Report for 2022/2023
Recommendation:

To accept the quarterly investment report as submitted.

Background:

The City of Los Banos follows its investment policy to assure that it invests all surplus inactive monies in a manner which ensures a maximum return consistent with safety on such investments while maintaining the integrity of such surplus and inactive funds. A quarterly investment report provides proof that City funds are invested in such a manner. It includes all investments except funds held by the City's trustees. Funds held by trustees include bond reserve funds, deferred compensation plans, and other post retirement benefit funds.

Fiscal Impact:

Informational only, no fiscal impact.

Reviewed by: //
;J / // /,,
i~ cf({,1,1
Pinheifo, City Manager Brent Kuhn, Interim Finance irector Attachments:

City of Los Banos Third Quarter 2022/2023 Investment Report

THIS PAGE IS INTENTIONALLY LEFT BLANK
24 25
LOsBanos
At the Crossroads of California
In accordance with Government Code Section 53646 and the City of Los Banos Investment Policy, the following shall constitute the quarterly report of investments on behalf of the City of Los Banos:

Investment Balances
As of March 31, 2023
Amount Annual
Type of Investment Issuer Maturity Invested Percentage
Yield
LAIF (Local Agency State of Daily $51,034,249 2.87%
Investment Fund) California effective yield
Bonds, Treasury Money
Market Funds and CD's Wells Fargo Staggered $84,478,802 4.55% (Certificate of Deposits) Securities 5 years simple yield Investment Balance: $135,513,051

1. As of the date of this report, the majority of the City of Los Banos funds are invested in the State of California Local Agency Investment Fund (LAIF), in accordance with section 16429.1 of the Governmental Code.

2. As of the date of this report, the remainder of the City of Los Banos' funds are deposited in Corporate Bonds, and various FDIC insured Certificates of Deposits held with Wells Fargo Securities, LLC.

Therefore, as provided by Governmental Code Section 53646 (e) attached are the most recent statement(s) received by the City of Los Banos.

3. The portfolio of the City of Los Banos is in compliance with the City of Los Banos' Investment Policy.

4. The investment balances are reconciled monthly to the General Ledger by the Finance Department.

5. It is expected that the City will be able to meet its projected expenditure requirements for the next six months.
•

THIS PAGE IS INTENTIONALLY LEFT BLANK
26 4/21/23, b
11:44AM
27 California State Treasurer
Fiona Ma1 CPA
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001

CITY OF LOS BANOS

CITY TREASURER
520JSTREET
LOS BANOS, CA 93635
Account Number:

March 2023 Statement
Account Summan
Total Deposit:

Total Withdrawal:
https://laifms.treasurer.ca.gov/RegularStatement.aspx
LAIF Regular Monthly Statement
April 21, 2023
LAIFHome
PMIAAverage MonthlY. Yields
Tran TY.P-e Definitions

0.00 Beginning Balance:

0.00 Ending Balance:
51,034,249.29
51,034,249.29
1/1
28 "\IIYElr.
~ .,
= -... ~ .... .. . .. ~
... ~ -
PMIA/LAIF Performance Report
as of 04/19/23
PMIA Average Monthly
Effective Yields<11
Quarterly Performance
Quarter Ended 03/31/23
March
February
January

2.831

2.624

2.425
LAIF Apportionment Rate(21 :

LAIF Earnings Ratio(21:

LAIF Fair Value Factor(11:

PMIA Daily(1l:

PMIA Quarter to Date111 :

PMIA Average Life111:

Pooled Money Investment Account
Monthly Portfolio Composition <
11 03/31/23
Time
Certificates of
Deposit/Bank Notes

6.48%
Agencies

21.72%
$191.2 billion
Corporate
Bonds

0.24%
Treasuries

64.15%

2.74 0.00007493902135155

0.986510329

2.87 2.63
275
Chart does not include $3,085,000.00 In mortgages, which equates to 0.002%. Percentages may not total 100% due to rounding.

Daily rates are now available here. View PMIA Daily Rates Notes: The apportionment rate includes interest earned on the Ca/PERS Supplemental Pension Payment pursuant to Government Code 20825 (c}{l) and interest earned on the Wildfire Fund loan pursuant to Public Utility Code 3288 (a).

Source:
1 11 State of California, Office of the Treasurer
<
21 State of Calfiornia, Office of the Controller
29 ■ SECURITIES
Wells Fargo Bank, N.A.
45 FREMONT ST
FLOOR 34
SAN FRANCISCO, CA 94105-2204

WILLIAMS/LEWIS
1-415-644-9152
Bank Account Statement
Wells Fargo Bank, N.A.

Page 1 of 3 ends

Statement Period
03/01/2023 - 03/31/2023
CITY OF LOS BANOS Account Number
Account Value Summary uso This summary does not reflect the -------------------------------value of unpriced securities.

Amount Last Amount This % Repurchase agreements are reflectec Statement Period Statement Period Portfolio at par value. -=c-a"""' sh,--- - - - --- - ---.$,--- - - - - O-=-. .,,.. o-=- o- ...,.$- - - - - --=-o---= .o=o- ---=-0°=y0- Money Market Mutual Funds 84,192,142.39 84,478,801.56 100% Bonds 0.00 0.00 0%
Stocks 0.00 0.00 0%
Total Account Value $ 84,192,142.39 $ 84,478,801.56 100% Value Change Since Last Statement Period $ 286,659.17
Percent Increase Since Last Statement Period 0%
Value Last Year-End
Percent Increase Since Last Year-End
Income Summary uso
Interest
Dividends/Capital Gains
Money Market Mutual Funds Dividends
Other
Income Total
Interest Charged uso
Description
Debit Interest For March 2023
Total Interest Charged
$
$
$ 83,613,281.62
1%
This Period

0.00 $

0.00 286,659.17

0.00 286,659.17 $
$
Year-To-Date

0.00 0.00
865,519.94

0.00 865,519.94
This Period

0.00 0.00
Money Market Mutual Funds Summary uso
Description
Opening Balance
Deposits and Other Additions
Distributions and Other Subtractions
Dividends Reinvested
Change in Value
Closing Balance
$
$
Amount
84,192,142.39

0.00 0.00
286,659.17

0.00 84,478,801.56
30 Important Information
This statement is provided to customers of Wells Fargo
Bank, N.A. (the "Bank"). Statements are provided
monthly for accounts with transactions and/or security
positions.

The prices of instruments that trade infrequently are
estimated using similar securities for which prices are available. Prices on the statement may not necessarily
be obtained when the asset is sold.

Cash Balances: Cash held at the Bank is not covered by
SIPC, but is instead eligible for FDIC insurance of up to $250,000 per depositor, per institution, in accordance
with FDIC rules.

Mutual Funds: You have the right, in the course of
normal business operations, to withdraw balances in the Bank Deposit Sweep or redeem shares of the money
market mutual fund used in the sweep, subject to any
open commitments in any of your accounts and have
the proceeds returned to your accounts or remit_ted to
you. Note, however, that as required by federal banking regulations, the banks in the Bank Deposit Sweep
reserve the right to require seven days prior notice
before permitting a transfer out of the Bank Deposit
Sweep. In addition, the money market mutual funds in
the sweep reserve the right to require one or more
day's prior notice before permitting withdrawals.

The Bank makes certain money market mutual funds
available through the Bank Deposit Sweep and has
entered into agreements with the mutual fund
companies with respect to the available funds. Mutual
funds are sold by prospectus only. Please read the
prospectus for further information including sales
charges, deferred sales charges, withdrawal charges and management or other fees.

Muni Substitute Interest: With respect to transactions
involving your purchase of a municipal security having
interest that is exempt from federal and/or state
income taxes, if you do not receive good delivery of
such securities on settlement date (i.e., all requirements for transferring title from the seller to the buyer have occurred), the interest that you accrue from the
settlement date of the transaction until you receive
good delivery may be considered by the Internal
Revenue Service ("IRS") to be taxable ("substitute")
interest. If you sell such securities before receiving good delivery, the IRS may consider all of the interest that you accrue to be taxable. You should consult with your tax
advisors regarding the tax implication of any such fail to receive scenario.

Non-deposit investment products offered or sold by
the Bank, including investments in mutual funds
available through the Bank, are not federally insured or guaranteed by or obligations of the U.S. government,
the Federal Deposit Insurance Corporation ("FDIC"),
the Federal Reserve System or any other government
agency; are not bank deposits; are not obligations of,
or endorsed or guaranteed in any way by any bank or
the Bank; and are subject to risk, including the possible loss of principal, that may cause the value of the
investment and the Investment return to fluctuate.

When the investment is sold, the amount may be
higher or lower than the amount originally invested.

Page 2 ends

Customer Complaints and Reporting Discrepancies: All
inquiries, statement reporting inaccuracies or
discrepancies, or complaints regarding your account or
the activity therein should be directed to:

Customer Service
90 South 7th Street
5th Floor, MAC N9303-054
Minneapolis, MN 55402
1-800-645-3751, option 5,
[email protected].

To further protect their rights, customers should also reconfirm in writing to the above address any oral communications with the Bank relating to inaccuracies
or discrepancies.

The Bank's financial statements are available upon
request.
31 CITY OF LOS BANOS
Account Number:

Money Market Fund Activity
Goldman FS Gov Inst 465
* As of March 31 , 2023
USO
Transaction
Date
03/01/23
Activity
Beginning Balance
Reinvest
Ending Balance
Dividend paid
this period
286,659.17
Shares Price

1.0000
286,659.17000

1.0000
Statement Ending:
7day• 30 day•
simple yield simple yield

4.730% 4.550%
Market Value ($) Dividend Amount
84,192,142.39
286,659.17
84,478,801.56

Page 3 of 3 ends

March 31, 2023
Share Balance
84, 192, 142.39000
84,478,801.56000
84,478,801.56000
32 ■ SECURITIES
Wells Fargo Securities, LLC
45 FREMONT ST
FLOOR34
SAN FRANCISCO, CA 94105-2204

WILLIAMS/LEWIS
1-415-644-9152
Brokerage Account Statement
Wells Fargo Securities, LLC

CITY OF LOS BANOS

Page 1 of 2 ends

Statement Period
03/01/2023 - 03/31/2023
Account Number
Account Value Summary uso This summary does not reflect the -------------------------------value of unpriced securities.

Amount Last Amount This % Repurchase agreements are reflectec Statement Period Statement Period Portfolio at par value. -=c-as__,h- --- ---------,$~-- -----:o=-.o=-=o=---$:.:---- -----=o-=.oo=--- 0,,..,0;.,.,... oMoney Market Mutual Funds 0.00 0.00 0% Bonds o.oo o.oo 0%
Stocks 0.00 0.00 0%
Total Account Value $ o.oo .,,. $- - ---.,o-=.o=o 0%
Value Change Since Last Statement Period
Percent Increase Since Last Statement Period
$ 0.00
Value Last Year-End
Percent Increase Since Last Vear-End
Income Summary uso
Interest
Dividends/Capital Gains
Money Market Mutual Funds Dividends
Other
Income Total
Interest Charged uso
Description
Debit Interest For March 2023
$
$
$
This Period

0.00 $

0.00 0.00

0.00 0.00 $
Total Interest Charged $
Money Market Mutual Funds Summary uso
Description
Opening Balance $
Deposits and Other Additions
Distributions and Other Subtractions
Dividends Reinvested
Change in Value
Closing Balance $
N/A

0.00 N/A
Year-To-Date

0.00 0.00

0.00 This Period

0.00 0.00
Amount

0.00 0.00

0.00 0.00
33 Important Information
This statement is provided to customers of Wells Fargo Securities, LLC ("WFS"), or customers of affiliated broker-dealers whose accounts are introduced to and carried by WFS. Statements are provided monthly for accounts with transactions and/or security positions. The account statement contains a list of securities held in custody by WFS as of the statement date and provides details of purchase and sale transactions, the receipt and disbursement of cash and securities, and other activities relating to the account during the statement period.

For WFS customers who choose to maintain a safekeeping account at Wells Fargo Bank, N.A. ("Bank"), this statement is accompanied by a separate Bank safekeeping statement. The Bank safekeeping statement, if applicable, contains a list of securities held in safekeeping by the Bank as of the statement date.

Pricing: Security and other asset prices shown on the statement are obtained from independent vendors or internal pricing models. While we believe the prices are reliable, we cannot guarantee their accuracy. The prices indicated herein are as of the stated valuation date, which may not be the date of this statement, and are subject to change without notice. For exchange-listed securities, the price provided is the closing price at month end. For unlisted securities, it is the "bid" price at month end. The prices of CDs that mature in one year or less are shown at last price traded. The prices of CDs that mature in greater than one year and of other instruments that trade infrequently are estimated using sim~ar securities for which prices are available. Prices on the statement may not necessarily be obtained when the asset is sold.

Brokered CD Pricing: Like bonds, brokered CDs are subject to price fluctuation and the value of a CD, if sold prior to maturity, may be less than at the time of its purchase. Significant loss of principal could result. While WFS generally makes a market in CDs it underwrites, the secondary market for CDs that it does not underwrite may be very limited. In those cases, WFS will use its best efforts to help investors find a buyer.

SIPC: WFS is a member of the Securities Investor Protection Corporation ("SIPC"). In the event of insolvency or liquidation of WFS, securities held in safekeeping at WFS are covered by SIPC against the loss, but not Investment risk, up to a maximum of $500,000 per customer, which includes a $250,000 limit on claims for cash held in the account. SIPC protection does not provide any protection whatsoever against Investment risk, including the loss of principal on an investment. This coverage does not apply to securities held in safekeeping by the Bank. Additional information about SIPC, including a SIPC brochure, may be obtained by visiting www.sipc.org or by calling SIPC at 1-202-371-8300.

FINRA BrokerCheck Program: WFS is a member of the Financial Industry Regulatory Authority (FINRA). Under its BrokerCheck program, FINRA provides certain information regarding the disciplinary history of broker/dealers and their associated persons.

Information can be obtained from the FINRA BrokerCheck program hotline number (1-800-289-9999) or the FINRA website
(www.finra.org). A brochure describing the FINRA BrokerCheck program will be furnished upon written request.

Free Credit Balances: Any customer free credit balances may be used in the business of WFS subject to limitations imposed by Rule 15c3-3 under the Securities Exchange Act of 1934. On demand, a customer has the right to receive delivery of the following: any free credit balances to which he or she is entitled, any fully paid securities to which he or she is entitled, and any securities purchased on margin upon full payment of indebtedness to WFS.

Equity Order Routing: WFS customers may request additional order routing information with respect to SEC Rule 606 by contacting their WFS sales representative. There are two reports available to WFS customers under amended Rule 606: (i) the 606(b)(1) held ondemand customer report and (ii) the 606(b)(3) not held on-demand customer report in the six months prior to the request. These reports can be found at https://www.wellsfargo.com/com/securities/regulatory Equity Extended Hours Trading: See important information relating to equities trading before and after regular trading hours at:
www .wellsfarpo.com/com/securities/regulatory.

Equity Open Orders: Open orders will remain in effect until executed or canceled by you. Failure to cancel an open order may result in the transaction being executed for your account. WFS has no responsibility to cancel an open order at its own initiative.

Dividend Reinvestment: In any dividend reinvestment transaction, WFS acted as agent. Additional information regarding transactions of this nature will be furnished to a customer upon written request.

Account Transfers: A fee will be charged to customers transferring their existing WFS account to another broker/dealer or any other financial institution.

Non-deposit investment products recommended, offered or sold by WFS, Including mutual funds, are not federally Insured or guaranteed by or obligations of the Federal Deposit Insurance Corporation ("FDIC"), the Federal Reserve System or any other agency; are not bank deposits; are not obligations of, or endorsed or guaranteed in any way by any bank or WFS; and are subject to risk, including the possible loss of principal, that may cause the value of the investment and Investment return to fluctuate.

When the investment Is sold, the value may be higher or lower than the amount originally invested. WFS is a subsidiary of Wells Fargo & Company, is not a bank or thrift, and Is separate from any other affiliated bank or thrift. WFS Is a registered broker-dealer and member of FINRA. No affiliate of WFS is responsible for the securities sold by WFS.

Trade Confirmations: Investment purchases and sales are subject to the terms and conditions stated on the trade confirmation relating to that transaction. In the event of a conflict between the trade confirmation and this statement, the trade confirmation will govern.

Listed Options: Commissions and other charges related to the exeCtJtion of listed option transactions have been included in confirmations of such transactions that have been previously furnished and are available upon request. Promptly advise your WFS sales representative of any material change in your investment objectives or financial situation.

Financial Statements: WFS financial statements are available upon request.

Customer Complaints and Reporting Discrepancies:

Customer complaints, statement reporting inaccuracies or discrepancies should be promptly reported in writing to:

Customer Service
90 South 7th Street
5th Floor, MAC N9305-05F
Minneapolis, MN 55402
[email protected]
In the event your account is Introduced to WFS by an affiliated broker-dealer as indicated on page 1 of your statement, you should also send a copy of your written correspondence to that introducing broker-dealer at the address appearing on that page.

Customers may also report complaints, inaccuracies or
discrepancies by calling 1-800-645-3751 option 5. To further protect their rights, including rights under the Securities Investor Protection Act, customers should also re-confirm in writing to the above address any oral communications with WFS relating to the inaccuracies or discrepancies.

Mutual Funds: Institutional Prime and Institutional Tax Exempt money market mutual funds are required to price and transact at a net asset value ("NA V") per share that fluctuates based upon the pricing of the underlying portfolio of securities and this requirement may impact the value of those fund shares. Additionally, Institutional Prime and Institutional Tax-Exempt funds may be subject to redemption fees and/or gates that can affect the availabUity of funds invested.

Mutual funds are sold by prospectus, which includes more complete information on risks, charges, expenses and other matters of interest.

Investors should read the prospectus carefully before investing.

Muni Substitute Interest: With respect to transactions involving your purchase of a municipal security having interest that is exempt from federal and/or state income taxes, if you do not receive good delivery of such securities on settlement date (i.e., all requirements for transferring title from the seller to the buyer have occurred), the interest that you accrue from the settlement date of the transaction until you receive good delivery may be considered by the Internal Revenue Service ("IRS") to be taxable ("substitute") interest. If you sell such securities before receiving good delivery, the IRS may consider all of the interest that you accrue to be taxable. You should consult with your tax advisors regarding the tax implication of any such fail to receive scenario.

THIS PAGE IS INTENTIONALLY LEFT BLANK
34 ITEM 7D
35 TO:

FROM:

DATE:

LOsBanos
Agenda Staff Report
Mayor and City Council Members
Soknirorn Than, P.E., Public Works Director/City Engineer~71=-- May 17, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Amendment No. 3 to the Professional Services Agreement with Mark Thomas & Company, Inc. for Engineering Services for the Pioneer Road Widening
Recommendation:

That the City Council adopt the Resolution to authorize the City Manager to execute Amendment No. 3 to the Professional Services Agreement with Mark Thomas & Company, Inc. for Engineering Services for the Pioneer Road Widening Project in the amount of $225,718.00 for the design of underground utilities as required by the City's Master Plans at the intersection of Pioneer Road and Ortigalita Road.

Background:

The Pioneer Road Widening Project is 6.5 mile, 4-lane arterial road with a Class I multiuse path that is proposed to start at a new signalized intersection just east of the Los Banos Creek at Pacheco Boulevard (SR-152). The alignment runs south to Pioneer Road, then easterly along Pioneer Road to Ward Road, then north along Ward Road, and ends at the signalized intersection of Ward Road/Pacheco Boulevard (SR-152).

To fully implement the project, a joint effort between the City, MCAG, and Caltrans will be required to secure funding beyond Measure V to progress through the multiple phases of project.

The City of Los Banos (City) selected Mark Thomas and Company, Inc. (MTCo) in 2020 to provide engineering services for the Phase 1 - Project Study Report-Project Development Support (PSR-PDS), Phase 2 - Project Approval and Environmental Document (PA&ED), and Phase 3 - Plans Specifications and Estimate (PS&E) for the Pioneer Road Widening Project. Mark Thomas completed Phase 1 - PSR-PDS. The 36 Preliminary Environmental Analysis Report (PEAR) prepared for the PSR-PDS anticipates an Initial Study/Mitigated Negative Declaration for California Environmental Quality Act (CEQA) and "Routine" Environmental Assessment/Finding of No Significant Impact for National Environmental Protection Act (NEPA). Mark Thomas's contract has been amended (Amendment No. 1) to include Phase 2A - PA&ED: Engineering Services, and amended (Amendment No. 2) to include the Oritgalita Road and Pioneer Road Signalization Design. The City has secured Highway Improvement Program {HIP) and Local Partnership Program (LPP) funds for the non-engineering design components of PA&ED and PS&E.

Discussion:

Due to funding requirements, Phase 1A (Ortigalita Road and Pioneer Road Intersection Signalization) will need to be phased out and prioritized. Currently, this phase has the following fund committed:
• Measure V - $1,450,439
• HIP Cycle 2 - $934,889
• HIP Cycle 3 - $271,423
• CRRSAA - 1,483,898
• CMAQ 2021 - $1,500,000
• Total - $5,640,649
This total commitment will take the project through Engineering, Right of Way and Construction Phase.

This amendment will authorize Mark Thomas and Company, Inc. to include design of underground utilities as required by the City's Master Plans for a not to exceed amount of $225,718. In an effort to protect new pavement and traffic signal infrastructures, staff is budgeting for the design and construction of underground utilities planned within this project limit as part of the Storm Drain and Water System Master Plan.

The limits of the Master Plan Utilities to be delivered under this scope are as follows:
• On the east, south, and west legs of the intersection, the Master Plan Utilities' design will not extend beyond the Ortigalita Signalization Project limits. The ends of the proposed Master Plan Utilities along these legs of the intersection will be capped. In the future, when the Master Plan Utilities are installed throughout the rest of the corridor, the caps will be removed, and the intersection utilities will tie into the planned system.
• On the north leg of the intersection, the Master Plan storm drain and water lines will be extended along Ortigalita Road beyond the intersection conform limits to tie into the City's existing storm drain and water infrastructure. The Master Plan water line will connect to an existing water pipe near the intersection of Ortigalita Road and Sandra Street. The Master Plan storm drain pipe will connect to an existing storm drain pipe near the intersection of Ortigalita Road and Travertine Way. To install these utility connections north of the intersection pavement limits, the existing 37 pavement along Ortigalita Road will need to be trenched and reconstructed.

Incorporating these connections into the design will provide active storm drain and water service throughout the intersection limits. This will also prevent future trenching on a newly improved intersection.

The attached PSA includes a detail project scope for a complete delivery of this project.

Fiscal Impact:

The total cost for these services under this amendment is $225,718.00. This project is scheduled to begin in July 2023. The project cost will be budgeted in FY24 under the Wastewater Collection Fund (Fund 502 - $150,718.00) and Water Fund (Fund 501- $75,000.00).

Reviewed by:
11 l
~//
Pu1
Josh Pinheiro, ity Manager
/
Attachments:

Resolution
Professional Services Agreement with Exhibit A- Scope, Exhibit B- Cost Proposal, Exhibit C - Project Schedule

THIS PAGE IS INTENTIONALLY LEFT BLANK
38 39
RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AUTHORIZING THE CITY
MANAGERTOEXECUTETHEAMENDMENTNO.3

TO THE PROFESSIONAL SERVICES

AGREEMENT WITH MARK THOMAS & COMPANY,
INC. FOR ENGINEERING SERVICES FOR THE

PIONEER ROAD WIDENING PROJECT
WHEREAS, the City of Los Banos entered into a Professional Services Agreement (PSA) on February 24, 2020 with Mark Thomas & Company, Inc. for engineering services for the Pioneer Road Widening Project, and authorized the services for Phase 1 as described therein; and
WHEREAS, the PSA stipulated that the Phase 2 and Phase 3 scope and cost proposal would be developed and approved by the City Council through future addendums to the PSA; and
WHEREAS, on March 17, 2021 City and Consultant amended the Agreement to extend the term of the Agreement ("Amendment No. 1 ");
WHEREAS, on August 3, 2022 City and Consultant amended the Agreement to extend the term of the Agreement ("Amendment No. 2");
WHEREAS, the City Attorney has prepared the Amendment No. 3 to the PSA for the scope of services for the Ortigalita Road and Pioneer Road Intersection SignalizationMaster Plan Utilities Amendment; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the City Manager to execute the Amendment No. 3 to the Professional Services Agreement with Mark Thomas & Company, Inc. for Engineering Services for the Pioneer Road Widening Project in the amount of $225,718.00 as required for the Ortigalita Road and Pioneer Road Intersection Signalization-Master Plan Utilities Amendment.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of May 2023, by Council Member -- who moved its adoption, which motion was duly seconded by Council Member --- and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:
40 APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
41 AMENDMENT NO. 3

PROFESSIONAL SERVICESAGREEMENT BETWEEN
THE CITY OF LOS BANOS AND MARK THOMAS & COMPANY, INC.,

FOR ENGINEERING SERVICES
[THE PIONEER ROAD WIDENING PROJECT]
This Amendment No. 3 to Professional Services Agreement ("Amendment No.3") is made and entered into this __ day of ____ 2023, by and between the City of Los Banos, California, a municipal corporation, ("City,") and Mark Thomas & Company, Inc., a California corporation ("Consultant").

RECITALS
A. WHEREAS, on February 24, 2020 City and Consultant entered into the current Professional Services Agreement to engage Consultant as an independent contractor to provide professional services for specific tasks associated with the Pioneer Road Widening Project ("Agreement");
B. WHEREAS, on March 17, 2021 City and Consultant amended the Agreement ("Amendment No. 1 "); to supplement the phasing of the scope of services by including a Phase 2A to Section 3.1 (b); to supplement the Project Schedule to Section 5 of the Agreement; and supplement the Cost Proposal to Section 6(b) of the Agreement; C. WHEREAS, on August 11, 2022 City and Consultant amended the Agreement ("Amendment No. 2"); to supplement the scope of work and tasks for Phase 1 A to include the Ortigalita Road and Pioneer Road Signalization; and
D. WHEREAS, City and Consultant desire to further amend the Agreement to supplement the scope of work to design and incorporate the City of Los Banos' Master Plan Storm Drain and Master Plan Water Facilities into the Ortigalita Road and Pioneer Road Signalization Project plans.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree to amend the Agreement as follows:

SECTION 1. Scope of Services. Section 3 of the Agreement shall be supplemented to include Ortigalita Road and Pioneer Road Signalization - Master Plan Utilities Amendment, which is attached hereto as Exhibit A and incorporated herein by reference.

SECTION 2. Compensation, Allowable Costs and Payments. Section 6 of the Agreement shall be supplemented to include Cost Proposal for Project Scope: Ortigalita Road and Pioneer Road Signalization - Master Plan Utilities Amendment, which is attached hereto as Exhibit Band incorporated herein by reference.

SECTION 3. Time of Performance. Section 5 of the Agreement shall be supplemented to include the Project Schedule for the Ortigalita Road and Pioneer Road Signalization - Master Plan Utilities Amendment, which is attached hereto as Exhibit C and incorporated herein by reference.

SECTION 4. Integration/Effective Date. Except as expressly amended, all other terms and conditions of the Agreement and Amendment No. 1 and Amendment No. 2 shall remain in 1 42
full force and effect. This Amendment No. 3 shall be effective upon execution of the parties to this amendment.

IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 on the dates set forth below.

Date:

ATTEST:

CITY CLERK
Lucille L. Mallonee City Clerk
2 MARK THOMAS & COMPANY, INC.,
a California corporation
by: R. Matt Brogan
Principal/Vice President

CITY OF LOS BANOS,
a California Municipal Corporation
by: Josh Pinheiro
City Manager
APPROVED AS TO FORM:

William A. Vaughn City Attorney
43 EXHIBIT A

SCOPE OF WORK
3 THIS PAGE IS INTENTIONALLY LEFT BLANK
44 45
~ MARK
■■ THO MAS
Project Understanding and Background Information

EXHIBIT A
Ortigalita Road and Pioneer Road Intersection Signalization - Master Plan Utilities Amendment
Los Banos
The City of Los Banos (City) previously contracted with Mark Thomas to deliver the design for the widening and signalization of the Pioneer Road and Ortigalita Road intersection (Ortigalita Signalization Project). This signalization project is being delivered as part of the larger, Pioneer Road Complete Street Project (Pioneer Project). The Pioneer Project proposed to extend and widen Pioneer Road from Ward Road to a new north-south connection between Pioneer Road and SR-152 (Pacheco Boulevard), and east of Los Banos Creek.

Based on the City of Los Banos' Master Plan, there are several planned utility installations that will be constructed throughout the intersection of Ortigalita Road and Pioneer Road. These utilities include sewer, storm drain, and water infrastructure planned for implementation within the years of 2016 through 2031. On January 17, 2023, Mark Thomas met with the City Engineer, Nirorn Than, to discuss the Ortigalita Signalization Project. During this meeting, it was decided that the City's Master Plan storm drain and water should be delivered as part of the Ortigalita Signalization Project. The design of the Master Plan storm drain and water was not originally scoped under the Ortigalita Signalization Project, so Mark Thomas is requesting the following scope amendment to cover this additional design. The limits of the Master Plan Utilities to be delivered under this scope are as follows:

On the east, south, and west legs of the intersection, the Master Plan Utilities' design will not extend beyond the Ortigalita Signalization Project limits. The ends of the proposed Master Plan Utilities along these legs of the intersection will be capped. In the future, when the Master Plan Utilities are installed throughout the rest of the corridor, the caps will be removed, and the intersection utilities will tie into the planned system.

On the north leg of the intersection, the Master Plan storm drain and water lines will be extended along Ortigalita Road beyond the intersection conform limits to tie into the City's existing storm drain and water infrastructure. The Master Plan water line will connect to an existing water pipe near the intersection of Ortigalita Road and Sandra Street. The Master Plan storm drain pipe will connect to an existing storm drain pipe near the intersection of Ortigalita Road and Travertine Way. To install these utility connections north of the intersection pavement limits, the existing pavement along Ortigalita Road will need to be trenched and reconstructed. Incorporating these connections into the design will provide active storm drain and water service throughout the intersection limits.

Per the City's Master Plan, there is a drainage basin planned in APN 430-060-020, just northwest of the intersection of Ortigalita Road and Pioneer Road. This planned basin will serve as a flow attenuation device for the City's storm drain system. During times of peak flow, water will be stored in the detention basin to reduce surges in the storm drain system. The design of this drainage basin and its necessary connections will be included with the other Master Plan Utility improvements covered in this scope amendment.
46 ~MARK
■■ THOMAS

1.0 PROJECT MANAGEMENT
Ortigalita Road and Pioneer Road Intersection Signalization - Master Plan Utilities Amendment
Los Banos

1.1 Kick-off, PDT Meetings, and Focus Meetings
Additional budget is being requested to account for meetings necessary for the design of the Master Plan Utilities.

We assumed six (6) coordination meetings will be needed to complete the Master Plan Utilities design.

1.2 Mark Thomas Team Management/ Coordination
The addition of the Master Plan Utilities will require ongoing general project coordination with the project team.

This task will include preparing memos, letters, e-mail, and phone calls necessary to manage the project.

1.3 CPM Schedule/ Progress Reports and Budgets
The CPM schedule that has been established for the Ortigalita Signalization Project will be updated to include the addition of the Master Plan Utilities. The CPM schedule, including the City and other agency review periods, will continue to be updated at all major milestones. Mark Thomas will continue to monitor project delivery costs and provide monthly budget status reports. Additional budget is being requested for this work.

1.4 Quality Assurance/Quality Control
Additional budget is being requested to support the QA/QC process for the Master Plan Utilities' design. Mark Thomas will use their QA/QC manual as a guide to ensure the highest engineering quality possible.

DELIVERABLES:
• Agendas and Meeting Minutes for each PDT Meeting
• Project Schedule
• Progress Reports
• Budget Reports

2.0 UTILITY RESEARCH AND COORDINATION

2.3 Utility 'B' Letters/ Conflict Mapping
Mark Thomas is already scoped to provide utility coordination and mapping services as part of the Ortigalita Signalization Project, but additional budget is being requested to cover the work associated with the Master Plan Utilities' design. Designing the Master Plan Utilities will require additional investigation into the existing utilities to avoid conflicts with the proposed systems. It is assumed that five potholes will be required for the conflict assessment associated with the Master Plan Utilities' design.

8.0 PRELIMINARY ENGINEERING

8.2 30% Submittal
The 30% Submittal will be delivered as previously scoped for the Ortigalita Signalization Project with the addition of the Master Plan Utilities Concept Plan.
47 ~ MARK
■■ THO AS
Ortigalita Road and Pioneer Road Intersection Signalization - Master Plan Utilities Amendment
Los Banos

8.2.3 Preliminary Construction Cost Estimates
Additional budget is being requested to incorporate the Master Plan Utilities into the project's preliminary construction cost estimate.

8.2.4 Master Plan Utilities Concept Plan (Storm Drain and Water) Mark Thomas will develop a Master Plan Utilities Concept Plan showing the preliminary design of the storm drain and water facilities within the project area. As discussed in the "Project Understanding and Background" section, both the storm drain and the water lines will be designed to tie into the City's existing utility infrastructure north of the Pioneer Road and Ortigalita Road intersection. The proposed storm drain design will include a drainage basin located northwest of the intersection in APN 430-060-020.

The Master Plan Utilities Concept Plan will consist of one 1" = 100' scale exhibit showing general location and conflict information for the proposed storm drain and water facilities. Both utilities will be shown on the same exhibit for this level of design.

8.3 60% Submittal
The 60% Submittal will be delivered as previously scoped for the Ortigalita Signalization Project with the addition of the Master Plan Utilities' Plans. This will include sheets for the storm drain and water. The proposed utilities will be incorporated through the engineering plans, specifications and estimates for the project in accordance with the City's Standards.

8.3.1 Review of 30% Comments
Additional budget is being requested to review the comments provided, create the response to comment matrix, and provide preliminary responses.

8.3.4 Special Provisions
Additional budget is being requested to incorporate the Master Plan Utilities into the project's special provisions. The specifications will be prepared as specified in the Ortigalita Signalization Project's scope.

8.3.5 Construction Cost Estimate
Additional budget is being requested to incorporate the Master Plan Utilities into the project's construction cost estimate. The cost estimate will be prepared as specified in the Ortigalita Signalization Project's scope.

8.3.7 Master Plan Utilities Sheets (Storm Drain and Water) The following additional plans sheets will be included in the Ortigalita Signalization Project's plan set:
48 ~ MARK
■■ THOMAS
Ortigalita Road and Pioneer Road Intersection Signalization - Master Plan Utilities Amendment
Los Banos
Master Plan Utility Sheets (approximate number of sheets}:

Master Plan Utility Sheets Estimated Number of Sheets
Storm Drain Sheets
Storm Drain Plan 6
Storm Drain Profiles 4
Storm Drain Details 2
Water Sheets
Water Plan and Profiles 5
Water Details 1
Total Estimated Master Utility Plan Sheets 18 sheets
DELIVERABLES:
• Master Plan Utilities Concept Plan - Storm Drain and Water • Preliminary Construction Cost Estimate
• Master Plan Utilities Sheets - Storm Drain and Water (60%) • Special Provisions (60%)
• Construction Cost Estimate (60%)

9.0 FINAL DESIGN

9.1 90% Submittal
The 90% Submittal will be delivered as previously scoped for the Ortigalita Signalization Project with the addition of the Master Plan Utilities.

9.1.1 Review of 60% Design Comments
Additional budget is being requested to review the comments provided, create the response to comment matrix, and provide preliminary responses.

9.1.4 Update Special Provisions
Additional budget is being requested to update the Master Plan Utilities' special provisions.

9.1.5 Update Construction Cost Estimate
Additional budget is being requested to update the Master Plan Utilities' quantities in the construction cost estimate for the 90% submittal.

9.1.7 Update Master Plan Utilities Sheets (Storm Drain and Water) The Master Plan Utilities sheets will be updated to reflect revisions from the 60% comments received.

9.2 100% Submittal
The 100% Submittal will be delivered as previously scoped for the Ortigalita Signalization Project with the addition of the Master Plan Utilities.
49 ~ MARK
■■ THO AS

9.2.1 Review of 90% Design Comments
Ortigalita Road and Pioneer Road Intersection Signalization - Master Plan Utilities Amendment
Los Banos
Under this task, Mark Thomas will review the comments provided, create the response to comment matrix, and provide preliminary responses.

9.2.4 Update Special Provisions
Additional budget is being requested to update the Master Plan Utilities' special provisions.

9.2.5 Update Construction Cost Estimate
Additional budget is being requested to update the Master Plan Utilities' quantities in the construction cost estimate for the 100% submittal.

9.2.7 Update Master Plan Utilities Sheets (Storm Drain and Water) The Master Plan Utilities sheets will be updated to reflect revisions from the 90% comments received.

DELIVERABLES:
• Comment Resolution Tables (60% Comments and 90% Comments) • Master Pion Utilities Sheets- Storm Drain and Water (90% and 100%) • Special Provisions (90% and 100%)
• Cost Estimate (90% and 100%)

10.0 PRE-CONSTRUCTION ENGINEERING SERVICES

10.1 Bidding Assistance
Additional budget is being requested to provide bidding assistance for the addition of the Master Plan Utilities to the project.

11.0 CONSTRUCTION SUPPORT SERVICES

11.1 Construction Assistance
Additional budget is being requested to provide construction assistance for the addition of the Master Plan Utilities to the project.

Assumptions:

The following assumptions/clarifications are included within this scope of services:
• It is assumed that the design of the planned drainage basin in APN 430-060-020 will be delivered with this scope.

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50 51

EXHIBIT B

COST PROPOSAL
4 THIS PAGE IS INTENTIONALLY LEFT BLANK
52 53

EXHIBIT B
COST PROPOSAL FOR PROJECT SCOPE:

Los Banos- Ortigalita Road and Pioneer Road Intersection Signalization - Master Plan Utilities Amendment ~ MARK
■ ■ THOMAS .. i i C
.. TOTAL COST = 1: C .. - :::, Total Total MT
i .. i .. ., 0 .. .. Hours Cost u C C u 8 tp .. .. ii, < ,: C C C u :: J ... ... ... .. u C C o'
i .. ~ .. Ir. e ~ ;;; D,
.. .: .: ... D, Cl "' "' $305 $157 $135 $110 $139 $138

1.0 PROJECT MANAGEMENT

1.1 Kick-Off/ PDT/Focus Meeting 6 12 18 $3,450 $3,450

1.2 Mark Thomas Team Mgmt/Coordination 8 16 24 $4,600 $4,600

1.3 CPM Schedule/Progress Reports & Budgets 2 4 4 6 16 $2,534 $2,534

1.4 Quality Assurance/Quality Control 40 12 52 $14,084 $14,084 Subtotal Phase 1 56 12 32 0 4 6 110 $24,Mill SZ4,6lill

2.0 UTILITY RESEARCH/COORDINATION

2.3 Utility 'B' Letters/Conflict Mapping 4 16 20 $3,381:l $3,380 Subtotal Phase 2 4 0 16 0 0 0 20 $3..3111l $3,31111

8.0 PRELIMINARY ENGINEERING

8.2 30% SUBMITTAL

8.2.3 Prelim Construction Cost Estimate 4 8 12 $2,300 $2,300

8.2.3 Master Plan Utilities Concept Plan (Storm Drain and Wat er) 4 8 40 40 92 $12,276 $12,276

8.3 60% SUBMITTAL

8.3.1 Review 30% Comments 4 8 12 $1,708 $1,708

8.3.4 Special Provisions 4 16 8 28 $3,668 $3,668

8.3.5 Construction Cost Estimate 2 16 16 34 $4,234 $4,23'1

8.3.7 Master Plan Utilities Sheets (Storm Drain and Water) 24 40 220 220 504 $67,500 $67,500 Subtotal Phase 8 32 58 308 284 0 0 682 $91,61116 $91,68li

9.0 FINAL DESIGN

9.1 90% SUBMITTAL

9.1.1 Review 60% Comments 2 4 8 14 $2,3l.B $2,318

9.1.4 Update Special Provisions 2 4 8 8 22 $3,198 $3,198

9.1.S Update Construction Cost Estimate 2 16 16 34 $4,530 $4,530

9.1.7 Update Master Plan Utilities Sheets (Storm Drain and Water) 8 30 154 154 346 $44,880 $44,880

9.2 100% SUBMITTAL

9.2.1 Review 90% Comments 2 4 8 14 $2,318 $2,318

9.2.4 Update Special Provisions 2 40 8 50 $7,970 $7,970

9.2.5 Update Construction Cost Estimate 2 4 16 12 34 $4,718 $4,718

9.2.7 Update Master Plan Utilities Sheets (Storm Drain and Water) 4 4 34 30 72 $9,738 $9,738 Subtotal Phase 9 14 90 2S2 220 0 0 586 $79,670 $79,67(1

10.0 PRE-CONSTRUCTION ENGINEERING

10.1 Bidding Assistance 4 lb 16 36 $5,892 $5,892
Subtotal Phase 10 4 16 16 0 0 0 36 $5,892 $5,892

11.0 CONSTRUCTION SUPPORT SERVICES

11.1 Construction Assistance 2 16 40 40 98 $12,922 $12,922 Subtotal Phase 11 2 16 40 40 0 0 98 $12,922 $12,922
TOTAL HOURS 122 192 664 544 4 6 15'32
OTHER DIRECT COSTS $7,:MIII '$7,SIIIJ
TOTAL COST $37,210 $30,144 ~.640 $59,840 $556 ~ ::,a:,,7U $225,718

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54 55

EXHIBIT C

PROJECT SCHEDULE
5 THIS PAGE IS INTENTIONALLY LEFT BLANK
56 57

EXHIBIT C
ID
0 Task Name
NTP
2 Preliminary Design (30% Submittal)
3 Base Topographic Mapping [Completed] ----,
6 30% Schematic Submittal
11 Geotechnical Investigations [Completed]
20 Pavement Drainage Memo
24 Environmental Documents
49 Right of Way Activities
61 Final Design ----,
62 NTP MP Utilities
63 60°/o PS&E Roadway review comments
64 60% PS&E Utilities Submittal
65 60% PS&E Utilities preparation
66 60% PS&E Utilities submittal
67 60% PS&E Utilities review
68 90% PS&E Utilities Submittal
69 Review 60% comments
70 90% PS&E Utilities preparation
71 90% PS&E Utilities submittal
72 90% PS&E Utilities review
73 100% PS&E Utilities Submittal
74 Review 90% comments
~ 100% PS&E Utilities preparation
76 100% PS&E Utilities submittal
77 Ready for Bid
Project: Schedule - Pioneer-Ort Non Critical L
Date: Tue 4/11/23
!Duration
0 days
90 days
0 days
4S days
0 days
70 days
332 days
S24 days
19S days
Odays
Odays
60 days
8 wks
0 days
4wks
SS days
1 wk
6wks
0 days
4 wks
35days
1 wk
6wks
0 days
0 wks
Milestone ♦

PIONEER - ORTIGALITA MP UTILITIES
Project Schedule
Start Finish
Mon 8/15/22 Mon 8/15/22
Mon 8/1S/22iMon 12/19/2:

Mon 8/15/22 'Mon 8/15/22
Tue 8/16/22 Mon 10/17/2:

Mon 8/15/22;Mon 8/15/22
Tue 9/13/22 Mon 12/19/2:

Predecess
Tue 9/13/22 Wed 12/20/2
Mon 8/15/22 Fri 8/16/24
Mon S/1/23 Fri 1/26/24
Mon i/3123 iMon 713123
Mon 5/1/23 Mon 5hi23
Mon 7/3/23 'Fri 9/22/23
Mon 713123 Fri 8125123 62
Fri 8125123 Fri 8125/23 65
Mon 8/28/23 Fri 9/22/23 66
Mon 9/25/23 Fri 12/8/23
Mon 9/25123 Fri 9129123 67
Mon 1012/23 Fri 11110123 69
Fri 11/10/23 Fri 11/10/23 70
Mon 11/13/23 Fri 12/8/23 71
Mon 12/11/23'Fri 1/26/24
Mon 12/11/23 Fri 12/15/23 72
Mon 12/18/23 Fri 1/26/24 74
Fri 1126/24 Fri 1/26/24 75
Fri 1/26/24 Fri 1/26/24 76
Summary

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♦ 8/15
Critical
, 7/3
♦ 5/1
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0 )
{ 1126
♦ 1/26

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58 ITEM 7E
59 City of Los Banos
At the Crossroads of Calif arnia
Agenda Staff Report
TO: Mayor and City Council Members
FROM: Soknirom Than, P.E., Public Works Director/City Enginee~ ( C DATE: May 17, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Entering into a Professional Services Agreement with Mark Thomas and Company, Inc for Improvement Standards and Specifications, and Community Design Standards Update
Recommendation:

That the City Council adopt the Resolution entering into a Professional Services Agreement with Mark Thomas and Company, Inc (Mark Thomas) to update the City's Improvement Standards and Specifications, and the Community Design Standards in the amount of $580,658.00.

Background:

The current Improvement Standards and Specifications Plan (Standards and Specs) were completed in October 2004 by Stoddard & Associates. The purpose of City improvement standards is to establish guidelines and requirements for the design and construction of public infrastructure and private development projects within a City. City improvement standards are typically developed by the local government, in collaboration with engineers, planners, and other experts in infrastructure design and construction. The standards can cover a wide range of topics, including street design, sidewalks, bicycle and pedestrian facilities, stormwater management, water supply and wastewater systems, landscape and other public infrastructure. They can also include requirements for private development projects, such as building setbacks, landscaping, and parking.

The benefits of having City improvement standards include:
• Ensuring consistency: By establishing clear guidelines and requirements for public infrastructure and private development projects, City improvement standards can help to ensure consistency and quality in the built environment. 60 • Enhancing safety: Standards for street design, sidewalks, and other infrastructure can help to enhance safety for all users, including pedestrians, cyclists, and motorists.
• Protecting the environment: Standards for stormwater management and other infrastructure can help to protect the environment and natural resources by minimizing the impact of development on the surrounding ecosystem. • Improving efficiency: Standards can help to streamline the design and construction process by providing clear guidance on design and construction requirements, reducing the need for costly redesigns or delays.

Overall, City improvement standards are an important tool for municipalities to ensure that their built environment meets the needs of the community in a safe, sustainable, and efficient manner.

To-date, the City is continuing to experience growth, with substantial increases in housing developments. The growth and the age of the document has impacted the current standards and specifications and has generated further need for an update to meet the changing regulations from the state, federal and other regulatory agencies.

The frequency of updates to City improvement standards can vary depending on the local jurisdiction and other factors. However, many municipalities and agencies in California update their improvement standards periodically, typically every five to ten years or as needed to keep up with changing conditions, emerging technologies, and evolving best practices. The specific update frequency may depend on factors such as changes in regulations or standards, new development patterns or growth trends, funding availability, or changes in community priorities. Some municipalities may choose to update their improvement standards more frequently if there is a pressing need for new requirements or if there are emerging issues that require attention. The goal of ongoing review and revision is to ensure that the improvement standards remain relevant and effective in meeting the needs of the community.

Similarly, the current Community Design Standards was adopted in November, 2008. This document was created to promote excellence in the design of buildings, sites, and neighborhoods by maintaining and enhancing the small-town qualities of Los Banos. The Design Standards are intended to convey to property owners, architects, and prospective builders and developers, the City's vision and goals for the design of new development within the City. The Design Standards are also intended to assist staff and the decision making bodies in judging the suitability of proposed projects in terms of their architecture, site design, landscaping, circulation, and compatibility with existing and planned adjacent development. Within the document, the City has developed several sets of design standards applicable to different parts of the City and different types of land uses. The Downtown Commercial, Highway Commercial, Commercial, and Residential design standards.
61 Like the Improvement Standards, the Community Design Standards requires an on-going review and revision to ensure that it remains relevant and effective in meeting the needs of the community. With the update to the General Plan and upcoming update to the housing element, it is pertinent that the City conduct a comprehensive review and update to the Community Design Standards.

Discussion:

On December 28, 2022, the City released a Request for Proposals soliciting the services of a qualified consultant to update the City's Improvement Standards and Specifications, and the Community Design Standards; this solicitation did not receive any response. The City re-released the Request for Proposals on February 10, 2023. The submission deadline was March 3, 2023 and the City received two proposals:
1 . CSG Consultants

2. Mark Thomas and Company, Inc.

A selection committee reviewed the proposals and ranked Mark Thomas as the most qualified consultant to provide the requested services. After cost negotiations, the committee recommended that the City enter into a Professional Services Agreement with Mark Thomas to update the City's Improvement Standards and Specifications, and the Community Design Standards. It is worth noting that there is significant cost saving by combing the effort in updating the two documents concurrently. Secondly, Mark Thomas is also working on developing a downtown Masterplan, which provide them a significant advantage in understanding our community visions and aesthetic standards.

If approved, Mark Thomas will begin the process of preparing the Standards and Specifications update upon notice to proceed. It is anticipated that the Standards and Specs update will be completed in approximately eight (8) to ten (10) months once the project is initiated. The plan preparation process will include:
• Researching Industry Standards for appropriate format style and practices • Reviewing and update standards and specs
• Public Outreach
• Preparing complete documentation and plans
Once completed, the Standards and Specs update will serve as a guide and will provide minimum standards to be applied to improvements and private development projects to be dedicated to the public and accepted by the City for maintenance or operation, as well as improvements to be installed within existing rights of way and easements. Once the draft is complete, City staff will return to City Council for review and approval of the document. The total not-to-exceed cost for this work is $205,566.00 Similarly, The Community Design Standards will undertake a similar task and will be completed in approximately 10 months once the project is initiated. The updates process will include:
• Data Collection and Document Review
• Planning Commission and City Council Meetings
62 • Public Outreach
• Community Design Standards update
o Administrative Draft
o Second Draft
o Final CDS Update
The total not-to-exceed cost for this work is $375,092.00 Fiscal Impact:

Sufficient funds have been budgeted in the Fiscal Year 2022-2023 Budget Accounts 100- 431-210-231 ($8,800), 501-461-100-231 ($11,200), 502-432-100-231 ($11,200), and 510- 490-100-231 ($8,800), Professional Services to get the project underway. City staff will budget for the remaining cost in Fiscal Year 2023-2024.

Revle7 d by: / /
,/ t/41~
Jose> , City Manager Brent Kuhn, Interim Finance Director Attachments:

Resolution
PSA with Exhibit A - Proposal, and Exhibit 8 - Schedule of Fees 63 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AUTHORIZING THE CITY

MANAGER TO EXECUTE A PROFESSIONAL

SERVICES AGREEMENT BETWEEN THE CITY

OF LOS BANOS AND MARK THOMAS &
COMPANY, INC. TO UPDATE THE

IMPROVEMENT STANDARDS &

SPECIFICATIONS AND COMMUNITY DESIGN
STANDARDS.

WHEREAS, on March 3, 2023 the City of Los Banos received proposals for consultant services to update the Improvement Standards and Specifications, and Community Design Standards; and
WHEREAS, the selection committee reviewed the proposals and concluded that Mark Thomas & Company, Inc. was the most-qualified firm to provide the requested services; and
WHEREAS, the City Attorney has prepared the Professional Services Agreement between the City of Los Banos and Mark Thomas & Company, Inc. for said services; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the City Manager to execute the Professional Services Agreement with Mark Thomas & Company, Inc. to update the Improvement Standards & Specifications, and Community Design Standards in the amount of $580,658.00.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of May 2023, by Council Member _ _ _ who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
64 PROFESSIONAL SERVICES AGREEMENT

FOR IMPROVEMENT STANDARDS

AND SPECIFICATIONS UPDATE
MARK THOMAS & COMP ANY, INC.

THIS AGREEMENT is made and entered into this __ day of ___ 2023, by and between the City of Los Banos, a municipal Corporation (herein referred to as "City") and Mark Thomas & Company, Inc. (herein referred to as "Consultant").

RECITALS
A. WHEREAS, City is in need of Professional Services a~ desqribed herein below; B. WHEREAS, Consultant represents that ft'4as, that degree of SpeciaJized expertise contemplated within California Government Cqde,-Section ~l'z_l03, and holds al{ necessary licenses to practice and perform the services herein c,ofiteniplat~,d; C. WHEREAS, City has ,solicited _an.cl rec~Hv¢d a propos.il from Consultant, has reviewed the previous experience and\ev,~luated th~ expertise of Consultant, and desires to retain Consultant to render professional service~ under th,e ,t~rms and conditions set forth in this Agreement;
D. WHEREAS, City and Consµltant '4esire to contract for the specific services described below and desire tQ 'sel 'i'ofth their rights, '4uties and liabilities in the services to be performed; and , ·
E. ~REA~, no official or employee of City has a financial interest, within the provisions .Qf Califoqiia Gov.efament Co~'e, Sections 1090-1092, in the subject matter of this Agreement.
\NOW, THEREFd~; for and in consideration of the mutual covenants and conditions containeclJ1erein, th~ parties\hereby agree as follows:

1. Term. the term of this Agreement shall commence upon execution of this Agreement and City's _issuflllce to Consultant a notice to proceed for all or a portion of the work and shall terminate'upon City's acceptance and payment for all or such portion of the work as was authorized by such notice, unless terminated earlier as set forth herein.

2. Scope of Services. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion.

WA V12 .. 21.2022 1
65 2.1. Notwithstanding services described above, the City may request and Consultant may agree to perform other services. The scope of such services and compensation shall be agreed to in writing, signed by both parties and shall become a part of this Agreement.

2.2. All professional services shall be performed by Consultant or under Consultant's superv1s1on. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Consultants in accordance with sound professional practices.

2.3. Consultant acknowledges that City may ent~r' into agreements with other consultants for services similar to the services that are subject t9 this Agreement or may have its own employees perform services similar to those services contempJated by-this Agreement.

3. Time of Performance. Time is of the es~ence in the perfopnance of services under this Agreement and the services shall be performed to completion in a diligept and timely manner.

The failure by Consultant to perform the servi,ces irt a ~ilig~nt and timely miµmer may result in termination of this Agreement by City.
3 .1. Notwithstanding the foregoing, 'C,onsultant shall not be responsible for delays due to causes beyond Consultant's reason~bl~ control. Jlowever, in the case of any such delay in the services to be provided for the Project, e~ch-party hereqy agrees to provide notice to the other party so that all delays can be addressed. · ·

4. Compensation. ,C:onsultant -~hall be,paid in accordance with the fee schedule set forth in Exhibit B attached' 'h,ereto -c!11d mad~ a part ,9f this Agreement (the "Fee Schedule").

Consultant's compensation shaflin no cas~ exceed $580,658.00.

4.1 Conspltant.,shalJ submit,monthly invoices to City describing the work performed the precedjn,g month. C,onst.dt~t's bills 'sliall include the name of the person who performed the work, ~/briefdescriptioµ c,f th!;:/Se_rvjces performed and the specific Task in the Scope of Services to whfoh it relates, the d~te--the,services were performed, the number of hours spent on all work billed -qn· an hourly basis, \and a description of any reimbursable expenditures. No billing rate changes sh,all be made duri~g the term of this Agreement without the prior written approval of City. City sfiall pay C:o:i;isultitQt no later than thirty (30) days after receipt of the monthly invoice by the City.

4.2 City• .shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and in accordance with Schedule of Charges set forth in the Proposal attached hereto as Exhibit B and incorporated herein by reference.

4.3 Consultant shall not receive any compensation for Additional Work without the prior written authorization of City. As used herein, "Additional Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would WAVU .. 21.2022 2
66 be necessary at the execution of this Agreement. Compensation for any authorized Additional Work shall be billed in accordance with the Billing Rates as set forth in Exhibit Band on the terms set forth in this Article 4.

5. Contract Administration. The Public Works Director/City Engineer shall have the authority to act for City under this Agreement. The Public Works Director or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall have the authority to act for Consultant under this Agreement.

6. Project Managers. City shall designate a Proje~{ Manager to work directly with Consultant in the performance of this Agreement. Consultant sl_lall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manag~t ~halJ,be available to City at all reasonable times during the Agreement term.

7. Indemnification. To the fullest extent peqnitted by law, 'G:~nsultapt shall defend (with counsel of City's choosing), indemnify aµd·t101d t~e B~;its officials, ·oJlicers, employees, volunteers, and agents free and harmless from/any and aU claims,, demands, c~µses -of action, costs, expenses, liability, loss, damage or injury of___ahy kind, .. i.n l_aw ot·-~quity, ,to property or persons, including wrongful death, in any mann~r arising,,ntt of, pertaining to, ·qr incident to any acts, errors or omissions, or willful miscondµct of Cdn~liltant, its officfals, officers, employees, subcontractors, consultants or agents 'ip. cqnhectiort <~'ith the performance of the Consultant's Services, this Agreement, including with~ut lifl_litation the payment of all damages, expert witness fees and attorney's fees and•other related cQsts ahq expens6s: Consultant's obligation to indemnify shall not be restricted to insvrai:i~e proceeds~)fany,--t:eceived by Consultant, the City, its officials, officers, employees, agents, or y·<>lcmt~ers. ·

7.1. If to~ultant's obHg~tion to defe_nd, indemnify, and/or hold harmless arises out of Consultant's perfonp.artce._of "design ·professional" services (as that term is defined under Civil Code section 2782.8), then, an~ only _to the..., extent required by Civil Code section 2782.8, which is fully incorporated herein; Con.sultatit's indemnification obligation shall be limited to claims that arise ◊ut of, pertain to, ,pt-relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon C9n~ultant obtaining a final adjudication by a court of competent jurisdict1o-!!: Consul~ant's lia\)ility for such claim, including the cost to defend, shall not exceed the Consultant's ptoportioh~te per,centage of fault.

8. Insurance. Without limiting Consultant's indemnification of City, and prior to commencement ofwork Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City.

A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City Attorney prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement.

WA VU .. 21.2022 3
67 B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.

C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City Attorney.

D. Coverage Requirements.
i. Workers' Compensation Coverage. Consulta~i shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability insurance with limits of at least one million dollars ($1,000,000). Consultant shall submit to City,,:;ilong with the certificate of insurance, a Waiver of Subrogation endorsement 1tJ. favor of City,_ its officers, agents, employees, and volunteers.
ii. General Liability Coverage. <S9rlsultant shall maintaJn <,;omµ(ercial general liability insurance with coverage at least as ~r-0ad as 'IJlsurance !Services Office form CG 00 01, in an amount not less than two million dpll~rs ($2,00(),000) per occurrence, four million dollars ($4,000,000) general aggregate, for boclily'injury, petsc;mal injury, and property damage, including \ ' ' without limitation, blanket contractual liability. Consultant's general liability policies shall be primary and non-contributory, ,and be endorsed 'usJnglnsurai;ice Services Office form CG 20 10 to provide that City and its officecs, officials,\ empldy~es, and agents shall be additional insureds under such policies. For const(liciioll contracts~ an endptsement providing completed operations to the additional insured, ISO fo'r-Q1 CG"20J7, 1~ also required. m. Autonicibile Liability <Soverage. Consultant shall provide auto liability coverage for owneg, non-own~4, and'hir~d autos us(ng JSO Business Auto Coverage form CA 00 01, or the exact ~uivalent, with \a limit/6f n9 les,s than two million dollars ($2,000,000) per accident. If Consu)tant owns no vehi'qles,;tl)is requ'ireynent may be met through a non-owned auto endorsement to the ~GL policy.
iv. ·Professfonal Errors and Omissions Insurance. Consultant shall maintain professional liability inslll'ahce ' that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount ·<:>( one million dollars ($1,000,000) per claim and not less than two million dollars ($2,000,000) in the annual aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. The cost of such insurance shall be included in Consultant's bid.

E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:

WAV12 .. 21.2022 4
68 i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant.
ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City.

Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the ins\,lrtlnce provided hereunder. m. This insurance shall act for each insured and addit_ion,al insured as though a separate policy had been written for each, except with respect to the litnjis of Ha61lity of the insuring company.
iv. The insurer waives all rights of subrogatfoµ against City, 1t~ electep'or appointed officers, officials, employees, agents and volun,teers. v. Any failure to comply with 'r~porting pi:~:>Visions ,qf the policies shall not affect coverage provided to City, its elected .or app9inted otfi~ers, officJal§, employees, agents or volunteers.
vi. The insurance provided by thi's·1?olicy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party e~cept afterJhirty (30) calendar days (10 calendar days written notice ofnon.::Raytµ~nt of pretrii:um) wriJten notice has been received by City.

8.1. Nothi~g in this' ,Section .,shall be construed as limiting in any way, the indemnification pr:_ov~ion containecUn this .Agr~ement, or the extent to which Consultant may be held responsible fot-J)aym@nts of damages to persons or property. ' ' /8.2 Consultµlt shaUnot@:llow any subcontractors or sub consultants to commence work on any subcontract until t{ley1i.ave proViqed evidence satisfactory to the City that they have secured all ins~rance required un9er this section. Policies of commercial general liability insurance provided ,-t,)' such s_uhcontra~fors or sub consultants shall be endorsed to name the City as an additional insUred using, ISO ~orm 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 particulijt>subcontractors or sub consultants.

9. Nondiscrimination. In the performing of this Agreement, Consultant shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation race, religion, color, national origin, handicap, ancestry, sex or age.

10. Independent Contractor. It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and WA Vll .. 21.2022 5
69 means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the service.s.
10 .1. The Consultant shall at all times remain an indep~riden:t Contractor with respect to the services to be performed under this Agreement and shall b~ responsibl~ for the payment of Federal and State Employer Withholding Taxes, Unemployment {nsuran9e" Taxes, FICA Taxes, Retirement, Life and/or Medical Insurance, and Worker's Compt?nsiitipn Insurance for the employees of the Consultant or any other person pe{forming service~ Under this ,Agreement.

Consultant and its employees are not entitled to the rights '0( h,mefits afforde~i'to Ci!y''s eiliployees, including disability or unemployment insuranc~; Worke_rs' c'o.µip~nsation, meciid1l insurance, sick leave, or any other employment benefit. Consultant-agrees to 'indemnify ang hold City harmless from any claims, costs, losses, fees, penaltie's,, ihterest, dr damages, suffered by City as a result of any claim by any person or entity contrary to the,provisio'ns'of this Sefti6n 10.

11. Subcontracting. Nothh~J~ cqntained 'ii\ this contract or otherwise, shall create any contractual relation between the City an~ imy,,~\ib consu\tant(s), and no subcontract shall relieve Consultant of its responsibilities and obligation~ hereunde..r. Consultant agrees to be as fully responsible to the City foN;he:-a~ts and orrt~ssions ,qf its sub consultant(s) and of persons either directly or indirectly employe't:lJ,yJiny.,ofthent,as it is :f:or t~e acts and omissions of persons directly employed by Con.sultant. Consu\tilnt's 'obJigat,joh to pay its sub consultant(s) is an independent obligation from tn~ CJ!)''s obligati6f\ fo ,mak:e'J)~ments to the Consultant. 11,J, Consu{timt shallyerform th~ work contemplated with resources available within its own organization and' ,~o por,tVon -Q.f the work pertinent to this contract shall be subcontracted withoi;it written authorizatiortbyl he City,'s Contract Administrator.

H-:.2. Consultant sh~1lpay its sub consultants within ten (10) calendar days from receipt of each payment made 19 Cmi~ultant by the City.

11.3. All subcontracts entered into as a result of this contract shall contain all the provisions stipulat~if in this Agreement to be applicable to sub consultants.

11.4. Any substitution of sub consultant(s) must be approved in writing by City's Contract Administrator prior to the start of work by the sub consultant(s).

12. Ownership of Documents. All documents, information and materials of any and every type furnished or prepared by the Consultant or any of its subcontractors pursuant to and in the course of performance of this Agreement shall be and remain the sole and exclusive property of the City. Such documents, information and materials shall include but not be limited WA Vll .. 21.2022 6
70 to all findings, reports, plans, specifications, studies, drawings, estimates, documents, information and data including, but not limited to, electronic media, computer tapes or discs, files, and tapes furnished or prepared or accumulated by the Consultant in performing work under this Agreement, whether completed or in process. City shall have the sole right to use such documents, materials and information in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such documents, materials and information to City upon prior written request.

12.1. All Documents shall be considered works made for hire and all Documents and any and all intellectual property rights arising from their creatjon, including, but not limited to, all copyrights and other proprietary rights, shall be and remain-the property of the City without restriction or limitation upon their use, duplication or dissemination 'by the City. Consultant shall not obtain or attempt to obtain copyright protection as to any Doc\Qllents.

12.2. Nothing herein shall constitute or be. construed to 'b~ any repres~ntation by Consultant that the work product is suitable in any way foNµi.y other project>~xc~pt tM one detailed in this Agreement. Any reuse by City for another project or'proj~ct location sh~lH,e at City's sole risk.

13. Confidentiality. All City infonhl,ltio.n dis¢losed to CoQsuitant during the course of performance of services under this Agr~einent sh~ll be' treated as confidential and shall not be disclosed to any other persons or parti~s exc,ept as ali~orized by City, excepting that information which is public record and subject to disqfosur~ pursuant,to the Public Records Act, or otherwise required by law. All documents, including drafts, notes artq communications that result from the . ' ' services in this Agreement~,~hall._be kept con;fidenti'a{ unless City authorizes in writing the release of information, excepting thaJ infoQriation \which is public record and subject to disclosure pursuant to the Pul>li~ Records Aqt; or otherwise required by law.

14. Access, to, Records. ·-c,ohsultant shall maintain all books, records, documents, accounting ledgers, ~d 'simitar":materials r~fating to work performed for City under this Agreement on fileJc,rat least thret\(3) ye;u's _fol!owjng'the date of final payment to Consultant by City. Any duly ~uthorized represehµitive(s) of'Gity· shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Consultant's usual and customary busines~·hmirs. Consultant'spall provide proper facilities to City's representative(s) for access and inspection: Consultant~haU ~ entitled to reasonable compensation for time and expenses relate to such access and inspe¢tion activities, which shall be considered to be an additional service to the City, subject to the .. provisions of Section 4 hereinabove.

15. Conflict of Interest. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest.

15.1. If subject to the Act, Consultant shall conform to all requirements of the Act.

Failure to do so constitutes a material breach and is grounds for immediate termination of this WA V 12 .. 21.2022 7
71 Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section.

15.2. Consultant represents that neither Consultant, nor any of its employees, agents or subcontractors, have a conflict of interest with respect to the work to be performed under this Agreement, nor shall such individuals, during this term of this Agreement, acquire any interest, which would conflict in any manner with the performances of services hereunder.

16. Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without th~'prior written consent of City.

Consultant may engage a subcontractor( s) as permitted by law and' may employ other personnel to perform services contemplated by this Agreement at Consultant~,s sole cost and expense.

17. Compliance with Laws, Rules, Regulations. Cotisu1tan:t shall perform the services required by this Agreement in compliance w:ith all applicalJI~ Federal an<;l California employment laws including, but not limited to, those law~ related to mini'fr!um hoµts and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and, all_ other, Federal, State and local laws and ordinances applicable to the services requir~d under thisAgreeme~t: Consilltant shall indemnify and hold harmless City from and ,,against 'a)l claim.s, demands,. plly_ments, suits, actions, proceedings, and judgments of every \pature and d~scription including"attorneys' fees and costs, presented, brought, or recovered against City for, or·qn account of any liability under any of the above-mentioned laws, which may be in~urreq by re~o~ of Consultant's performance under this Agreement.

18. Integration; Amendment. Tl\is Agreerµent represents the entire understanding of City and ConsultanLas to those' hlatters -coJ:J,tained herein. No prior oral or written understanding shall be of any fotc;;e qr-effect with tespe~t to tho,se matters covered in it. This Agreement may not be modified or alte1ycl.ex~t-by amertdpient in writing sign by both parties. City's city manager, or designee,, may exequte any,s!,lch amend~ent on behalf of City.

19. Severabllity.- l(ahy part_gfthis Agreement is found to be in conflict with applicable laws, s\,lch part sh?,11 be inbperative, null, and void insofar as it is in conflict with said laws, but the remainder..__ oftne Agreemerit\sha11 continue to be in full force and effect.

20. Waiver/Validity. Consultant agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of perforin~nce under this Agreement. The acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement.

21. Jurisdiction. City and Consultant agree that the law governing this Agreement sha11 be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of Merced.

22. Notice. Any notices required to be given pursuant to this Agreement shall be WAVU .. 21.2022 8
72 deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:

To City:

Nirorn Than, P.E.

Public Works Director/City Engineer
411 Madison A venue
Los Banos, California 93635
To Consultant:

Mark Thomas & Company, Inc.
7571 North Remington Ave, Suite 102
Fresno, California 93711
Nothing hereinabove shall prevent either City or Cons\lltant from persottally delivering any such notices to the other.

23. Termination. City may, in .its sokd(scretion, _terminate this Agreement at any time and for any reason whatsoever by giving written ndtjce of suclt te_rmination to Consultant. In the event of such termination, Consul,tant shall immediately stop ~ridering services under this Agreement unless directed otherwise ;by the City~, In Jhe event of such termination, Consultant shall be entitled to compensation for all\setsxfoes rendered, and work performed for City to the date of such termination.

24. Corrective . Measures. Coq.sultarit wiB promptly implement any corrective measures required by City ,r_egardl1i_g the ·l'.equirem~nts and obligations of this Agreement.

Consultant will be,given a reasob{lble aino_µnt oftiine as determined by the City to implement said corrective measur~s. J:ailure of Coh~tilqmt fo,i~lement required corrective measures shall result in immediate termi1.1ation..._ofthis Agre'elJlent.

ZS. Corrections. In.--adclition to 'the above indemnification obligations, the Consultant shall q'orrect, at its expe:ri~e~ al1 erto;s'in-.!ije work which may be disclosed during the City's review of the \Consultant's report or plans. Should the Consultant fail to make such correction in a reasonably timely maimer, sµch correction shall be made by the City, and the cost thereof shall be charged to· the Consu1taot: In 'l:\ddition to all other available remedies, the City may deduct the cost of such correction from an.y retention amount held by the City or may withhold payment otherwise owed Consultant undei:,this Agreement up to the amount of the cost of correction.

26. Acceptance Of Facsimile Or Electronic Signatures. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

27. Authority. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the WA V12 .. 21.2022 9
73 actions described herein.

IN WITNESS WHEREOF, the parties hereto have execµ(ed this Agreement on the dates set forth below.

Date:. _ ____ --" 202
Date:. _____ _, 202
ATTEST:

CITY (21.Jt:R.K
Lucille L: Mallonee, CJfy Cl~rk
APPROVED AS T!)F,.ORM:

William A. Vaughn
City Attorney
W AV12 .. 21.2022 10
Mark Thomas~ Ccnl)pany, Inc.

CJ:fV OF LOS BANOS, a California
tn_mdcipal corporation
by:

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EXIDBIT A - SCOPE OF SERVICE

LOS BANOS IMPROVEMENT STANDARDS AND SPECIFICATIONS UPDATE

SCOPE OF WORK
TASK 1. PROJECT M ANAGEM ENT, KICKOFF AND WORK PLAN
TASK 1.1 - PROJECT MANAGEMENT
The Mark Thomas Contract Administrator and Project Manager (PM), Raul Cervantes, will communicate directly with the City's PM and manage the project team for project delivery. Project management will include delivery of monthly progress reports and invoices.

The project schedule included in this proposal will be updated showing milestones by task and planned focus group dates. The schedule will be reviewed regularly to ensure deliverables are on schedule for completion. We propose a project duration of seven (7) months (anticipate a NTP before or by the first of May and final submittal in December 2023).

Task 1.2 - PROJECT STATUS MEETINGS AND WORKPLAN
Throughout the project duration, Mark Thomas will host status meetings via Microsoft TEAMS. The frequency of status meetings is intended to maintain a conversational approach to delivering the project and is required to quickly secure guidance and direction on the updates to the City's Improvement Standards. The meetings will be concise and organized and will be led by the Mark Thomas PM.

The first status meeting will function as the "Project Kickoff Meeting." From our Kickoff meeting Mark Thomas will be able to refine the scope of work with detailed tasks and objectives, develop a work plan and staffing plan which identifies consultant and City staff roles. We plan to use the current City Improvement Standards and Specifications and the City Master Plans as an outline for our discussion with staff. The kickoff meeting provides an opportunity to hear the City's goals, objectives, potential challenges, and key deadlines. The following is an outline of our Work Plan/Staffing Plan for this project:

Task
Schedule Kickoff/Status Meetinqs
Identify key City Departments to Provide Input on Improvement Standards Update Identify Key Stakeholders
Prepare Detailed Project Schedule w/Milestones
Detailed Review of Current Improvement Standards
Gather Improvement Standard Information from Adjacent and Comparable Cities 1st Draft to City for Review
Schedule Outreach Meeting w/Local Developers & Contractors to Get Input on Proposed Updates
Prepare and Submit 2nd Draft to City for Review
Schedule Final Outreach Meeting
Schedule Improvement Standard Update for City Council Adoption

IMPROVEMENT STANDARDS AND SPECIFICATIONS UPDATE
City of Los Banos
Responsible Pal'ty
Mark Thomas
City
Mark Thomas/City
Mark Thomas
Mark Thomas
Mark Thomas
Mark Thomas / City
Mark Thomas / City
Mark Thomas / City
Mark Thomas / City
City

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For this Task we assume up to seven (J) project status meetings (TEAMS meeting), and three (3) outreach meetings (we anticipate all meetings to be TEAMS meeting) with local developers, contractors, City staff, residents, and Council. This could change based on the interest on the Improvement Standards update.

TASK 1 DELIVERABLES:
• Project team management, schedule, monthly invoices, and progress reports. • PM meeting agenda and notes.
• Organize and facilitate Project Status meetings (assume up to seven TEAMS meetings including the kickoff meeting).
• Draft and Final Work & Staffing Plans
TASK 2. RESEARCH INDUSTRY STANDARDS
For this task, the Mark Thomas team will research current design standard practices within comparable Cities. We will provide feedback to the City on:
• What format style and industry standards are commonly being used • The pros and cons on differing format styles and industry standards • Make recommendations to the City on the appropriate format style and practices to proceed with City Improvement Standards revisions.

TASK 2 DELIVERABLES
• Executive Summary - Present a comparison of the standard and specifications formats used by agencies within the Central Valley and Bay Area regions. This summary shall compare two (2) agencies with similar demography, systems of local government, and other relevant factors which indicate the agencies are suitable for purposes of comparison to the City of Los Banos.
• Provide supporting data, descriptions, and information to adequately assess the benefits and detriments of differing format styles and practices for construction standards and specifications.

TASK 3. DRAFT REVISIONS (IM PROVEM ENT STANDARDS)
As noted in the RFP, the Mark Thomas team will do a thorough review of the City's Improvement Standards and Specifications. This Task will begin after the initial Kickoff Meeting. Mark Thomas will include the following in this Task:
• Meet with City staff to determine the needs of various Departments/Divisions including:
o Public Works Engineering, Public Works Utilities, Public Works Streets and Solid Waste, and Public Works Parks and Recreation
o Community and Economic Development Department
o Fire Department
o Police Department
o Additional Departments as identified
• The construction standards to be reviewed and updated include, but are not limited to the following:
o Grading
o Sanitary sewers, manholes, sewer lines, cleanouts, lift stations, water meters, wells, fire hydrants, blow offs, air vac, sample stations, storage tanks, booster pump stations, motor control centers, water mains, valves, hydro tanks, air compressors, service lines, meter boxes, valve boxes, etc.

IMPROVEMENT STANDARDS AND SPECIFICATIONS UPDATE
City of Los Banos

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77 ~ MARK
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o Street & roadway design typical cross section for different classifications o Street intersections details and traffic signal components o Street and roadway pavement design, curb, gutter, sidewalk, ADA Standards, etc. o Roadway signage
o Roadway barriers (i.e. guardrail)
o Dry and wet utilities
o Survey
o Hydrology, drainage, and flood control
o Surveying monuments
o Street lighting and spacing
o Parking lots
o Landscaping and irrigation, sprinklers, valves, clocks, PVC, HOPE, etc. o Water system, backflow devices
o Septic systems
o Approved Trees
o Restrooms, shelters, play/shade structures, park signage other park fixtures • Provide draft(s) of proposed revisions to Public Works for review and comment We anticipate using one to two of the scheduled monthly virtual meetings to meet with the City Departments. We'll also need the City to provide Mark Thomas with the CAD files (dwg) of the standard construction details for updating.

DELIVERABLES
• Develop and record staff comments matrix to track all inputs from City Staff • Provide two (2) draft versions and a FINAL version of:
o City Standard Plans and Specifications, comprehensive of all applicable City Departments' and Divisions' requirements
o PDF format versions of all FINAL Standards and Specifications.

TASK 4. PUBLIC OUTREACH
To effectively support the public outreach needs for the project, the Mark Thomas team will provide support to the City.

We understand that there will be a total of three (3) outreach meetings - one with the community (local developers, contractors, residents, etc.) and two meetings with Council and City staff. We also understand that these meetings will be virtual meetings (TEAMS meetings).

The Mark Thomas team will provide the slides/graphics (Power Point slides) for the meeting. Additionally, the Mark Thomas team can provide the notifications for the meetings to the City to include in an "email blast" to interested parties. The Team will also provide information on the Improvement Standards Update that can be placed on the City's website. The website can also be a location where the interested parties and stakeholders can leave questions or comments.

All feedback provided during the meetings will be recorded and tracked via a comment tracking matrix. Information from the matrix will be discussed with City staff and the appropriate comments/information will be incorporated into the Improvement Standards Update.

IMPROVEMENT STANDARDS AND SPECIFICATIONS UPDATE
City of Los Banos

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TASK 5. FINAL ADOPTION
At the Kick-off meeting we'll discuss our proposal for the formation of an "Update Committee" comprised of staff from various City departments and possibly City Council members. We'll also discuss with staff the submittals on the Improvement Standards Update (we anticipate 3 - 35%; 65% and Final) as well as the target audiences for the outreach meetings (Council members/Department heads or senior staff/development community/ local contractor organizations/public).

After we make our 35% submittal to the City, we'll work with staff to schedule our first outreach meeting. The first outreach meeting will introduce the team that is working on the update, the reason and purpose of the update and to start getting feedback on the changes that they would like to see to the update.

The second outreach meeting will be scheduled after the 65% submittal. At this meeting, we'll discuss the comments/feedback that we've received, overview of the changes to the Improvement Standards and tentative schedule for City Council's adoption of the update (targeting one of the Council meetings in January 2024).

After the second meeting, Mark Thomas will incorporate staff's comments from the 65% submittal to produce the Final version of the Improvement Standards. We'll discuss with staff the schedule for the City Council's approval. We also realize that due to the Council's busy schedule, we may not have a Council member on the Update Committee or at the outreach meetings. To keep the Council informed on the progress of the update, the Mark Thomas team will take the notes of our progress meetings as well notes from our outreach meetings and translate them into Council information memorandums. The memorandums will be another method to keep the Council informed on the status of the Improvement Standards update. Additionally, the notes can be used to draft the staff report to the Council for adoption of the update.

Mark Thomas staff can be present at the Council meeting when the Improvement Standards Update is presented for adoption. We believe by following the above process, the adoption of the update should be seamless.

DELIVERABLES
• Notes from Outreach meetings and draft informational memorandums for Councilmembers

IMPROVEMENT STANDARDS AND SPECIFICATIONS UPDATE
City of Los Banos

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LOS BANOS COMMUNITY DESIGN STANDARDS UPDATE

SCOPE OF WORK
Based on our conversations and review of available documents, Mark Thomas has developed the following scope of services. This scope includes services to be provided by the entire project team. Deliverables are listed at the end of each Task Phase.

Our understandings for the project are:
a. It is the intention of the City to develop an updated Community Design Standards document. b. We are to develop the architectural and aesthetic elements for structures, on-site improvements, and off-site improvements within the following areas/land uses:
• Downtown Design Standards,
• Highway Commercial Design Standards,
• Commercial Design Standards,
• Single-family Residential Design Standards,
• Multi-family Residential Design Standards,
• Mixed Use Design Standards.
• Industrial Design Standards (these standards are for aesthetic treatments only; no environmental or regulatory standards are included)
c. Park design standards are not to be included in the community design standards Due to recent State laws, many cities are moving to "objective design standards" for multi-family residential, especially low to middle income housing (additional description is provided below). While we recommend the development of these objective standards be included in our services, due to the associated increased effort, we have shown these services as an optional service.

TASK 1. PROJECT MANAGEMENT
Task 1.1. Project Management
The Mark Thomas Contract Administrator and Project Manager (PM), Erik Smith, will communicate directly with the City's PM and manage the project team for project delivery. Project management will include delivery of monthly progress reports and invoices.

The project schedule included in this proposal will be updated showing milestones by task and planned focus group dates. The schedule will be reviewed regularly to ensure deliverables are on schedule for completion. We propose an initial project duration of ten (10) months. The schedule will be refined after meeting with City staff.

Task 1.2. Team Meetings
Throughout the project duration, Mark Thomas will host monthly status meetings via Microsoft Teams. The frequency of status meetings is intended to maintain a conversational approach to delivering the project and is required to quickly

LOS BANOS COMMUNITY DESIGN STANDARDS UPDATE
City of Los Banos
May 1, 2023

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80 ~ MARK
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secure guidance and direction on the updates to the Community Design Standards (CDS). Mark Thomas will take the lead in conducting the meetings including preparation and distribution of the meeting agenda, arrangement of attendance of meeting participants, and preparation and distribution of meeting summaries, including the recap of actions to be taken prior to the next meeting. This task assumes up to twelve (12) status meetings.

The first status meeting will function as the project kickoff meeting. The purpose of the meeting will be to discuss and confirm a mutual understanding of roles, potential challenges, review process, objectives, and ongoing participants.

Task 1.3. Data Collection and Document Review
Mark Thomas will collect and review relevant background documents. Relevant documents may include but not be limited to:
a) City's General Plan
b) Relevant specific plans
c) Relevant regulating codes
d) Prior or current project-adjacent planning studies and conceptual plans e) Pertinent information gathered from the parks and rec master plan update f) Relevant City-wide master plans (ie parks & rec, bicycle & pedestrian, etc) g) Regulatory requirements
h) Utility information
i) Other information as available from City archives (including records of other previous public outreach efforts relevant to this project)
We will catalog documents and identify additional required references.

Task 1.4. Planning Commission and City Council Meetings Mark Thomas will present the draft CDS update to the Planning Commission for comment and recommendation and then the final CDS update to the City Council for adoption. In preparation for both meetings, a PowerPoint slideshow will be prepared with a PDF versions shared with City staff prior. We will attend both meetings to offer clarifications and respond to questions posed by Commission and Council members. One Planning Commission meeting and one City Council meeting are anticipated.

DELIVERABLES
• Monthly project reports
• Meeting agendas and summaries
• Commission and Council presentation slideshows (pdf version) TASK 2. PUBLIC AND STAKEHOLDER OUTREACH
Task 2.1. Advisory Committee Meetings
To assist in a responsive process and final document Mark Thomas and Prosio Communications will work with City staff to develop an Advisory Committee potentially comprised of representatives from the Planning Commission, City Council, and various applicable City departments, business districts, developers, and independent regulatory agencies.

The team will facilitate up to three (3) Advisory Committee meetings to be held at key milestones of the process. The first meeting will introduce the task, present the examples gathered, and discuss/confirm the needs and goals of the

LOS BANOS COMMUNITY DESIGN STANDARDS UPDATE
City of Los Banos
May 1, 2023

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81 ~ MARK
■■ THO AS
new standards. The following two meetings will be page turn reviews of the administrative draft and draft CDS update.

Comments and feedback will be elicited and documented to be included in the final CDS update report.

Task 2.2. Community Meetings
The team will participate in and facilitate two (2) open-house style community meetings. The first meeting will be held prior to commencing the Community Design Standards Update (Task 3 of this scope) and will be intended to provide the public with the opportunity to view and give feedback and perspectives on various design aesthetics, styles, trends, issues, and considerations. The second community meeting will take place after completion of the draft CDS update (task 3.2) and will present the draft update to the public for feedback. Each meeting will begin with a short presentation about the project and its benefits to the community now and in the future. A meeting summary of the comments and questions received from the public and will be included in the final update report. Meeting logistics, promotion, presentation materials, and collection of tracking of feedback will be overseen by the project team.

Task 2.3. Online Community Survey
Prosio Communications will work with the project team to develop an online survey that can be completed by community members and local stakeholders. This survey will be live after the second community meeting and will offer another opportunity for the community to submit comments or provide input, particularly if they are not able to attend the public meeting. The survey can be hosted on Survey Monkey (or a similar online platform), and the link to the survey can be posted on the City's website and social media channels, and included in newsletters distributed to the community (if available).

DELIVERABLES
• Advisory Meetings
- Meeting agendas and summaries
• Community Meetings
- Meeting coordination/logistics
- Meeting promotion (local media, social media, etc.)
- PowerPoint presentation
- Welcome table/sign-in sheet
- Comment forms/collection
- Meeting summary
• Community Survey
- Survey development/tracking and promotion
- Summary of responses
TASK 3. COMMUNITY DESIGN STANDARDS (CDS) UPDATE
Task 3.1. Administrative Draft CDS Update
Based on feedback and input received in the first advisory committee meeting (task 2.1), Mark Thomas will proceed to prepare an administrative draft CDS document. This document will be submitted to the City for review and comment by the various participants of the advisory committee.

LOS BANOS COMMUNITY DESIGN STANDARDS UPDATE
City of Los Banos
May 1, 2023

Page 3 of 5 ends

82 ~ MARK
■■ THO AS
Task 3.2. Draft CDS Update
Based on feedback received we will refine the document as draft CDS update and submit to the City for distribution to the representatives of the advisory committee for review. While the review is under way, these draft guidelines will be presented to the Planning Commission (task 1.4) and to the public and various stakeholders as part of the public outreach effort (task 2.2 and 2.3) for input and feedback.

Task 3.3. Final CDS Update
Any final comments received will be incorporated as a Final Community Design Standards Update document. This document will be submitted to the City for incorporation into a staff report to the City Council for formal adoption (task

1.4).

DELIVERABLES
• Administrative Draft CDS Update (PDF only)
• Draft CDS Update (PDF only)
• Final CDS Update (PDF only)
TASK 4. OPTIONAL SERVICES
The following tasks are listed as optional services for the City 's consideration. The City has the option to engage one or more of these services as additional tasks to the base scope listed above or later as contract amendment(s) to the original agreement. These tasks are not included in the base scope or fee.

Task 4.1. Objective Design Standards (ODS) Development
The State of California has passed legislative measures to help address the state's housing shortage by requiring residential development projects be ministerially reviewed against objective design standards (ODS). As defined by under State law, ODSs are "standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal." As State housing laws further reduce local control of development, ODSs provide an opportunity for the City to ensure the appearance of new development is compatible with the City's vision. Additionally, ODSs provide developers and designers with clear criteria to guide design and development.

The project team will develop ODSs in conjunction with the CDS update. This effort will be focused on and limited to qualifying multi-family and residential mixed-use development. We will research three other ODSs in Cities, if possible, similar to Los Banos's size, growth profile, demographics, and physical form. We will develop administrative draft, draft, and final ODSs to be submitted with the CDS update milestones. ODSs will also be a topic of discussion in all meetings.

The ODS will be a separate document from the CDS update. Including this optional task is anticipated to extend the duration of the project by three (3) months.

Task 4.2. Social Media Posting and Support
The City of Los Banos has an established presence on social media through multiple departmental pages on Facebook, as well as a Community and Economic Development department profile on Twitter. The Twitter profile currently has 149 followers, and the largest following among the Facebook pages is on the Community and Economic Development page, which currently has more than 4,600 page "likes."

LOS BANOS COMMUNITY DESIGN STANDARDS UPDATE
City of Los Banos
May 1, 2023

Page 4 of 5 ends

83 ~ MARK
■■ THO AS
Prosio Communications will work with the City and project team to support any social media outreach efforts related to the project. This will include developing a series of 5-8 posts that can be used to provide ongoing updates and information, including project background, information about upcoming public meetings, and promotion of the survey.

The team will also support additional social media content needs as they arise, such as highlighting key milestones or completion of the project.

LOS BANOS COMMUNITY DESIGN STANDARDS UPDATE
City of Los Banos
May 1, 2023

Page 5 of 5 ends

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84 85

EXHIBIT B - COST PROPOSAL

COST PROPOSAL
~ MARK
■■ THOMAS CITY OF LOS BANOS
Improvement Standards and Specification Updates

THIS PAGE IS INTENTIONALLY LEFT BLANK
86 87

EXHIBIT D - FEE SCHEDULE

COMBINED TOTAL FEE

EXHIBIT D - FEE SCHEDULE U MARK
■■ THOMAS
Consultant shall provide an itemized schedule of rates and fees which includes all billing amounts and costs for each Task.

Task amounts are considered to be not-to-exceed amounts.

Task 1: Project Kickoff and Work Plan
Task 2: Research Industry Standards
Task 3: Draft Revisions
Task 3.2: Community Design Standards (Add Alternate Task) Task 4: Public Outreach
Task 5: Final Adoption
MT Other Direct Costs (ODC's)
TOTAL BUDGET (MT & Subs):

Consultant Rate Schedule:

The rate for any authorized additional services is shown below:

Position Title
Engineering Manager
Sr.Project Manager
Technical Lead
Project Engineer
Design Engineer II
Survey Manager
LAUD Division Manager
LAUD Project Manager
Landscape Architect
Landscape Designer II
District Manager - Engineer
Sr. Project Accountant
Sr. Project Coordinator
$ 22,524.00
$ 44,956.00
$ 64,500.00
$ NIA
$ 15,330.00
$ 27 077.00
$ 400.00
$ 205,566.00
Hourly Rate Range
$308 - $395
$237 - $377
$199 - $271
$160 - $201
$119 - $194
$199 -$282
$266 - $416
$199 - $282
$119 -$208
$103 - $155
$333 - $402
$112 - $194
$103 - $183
The fee will be billed on a times and materials basis with a not to exceed amount that is enclosed.

Exact fee will be dependent on the specific scope once it is defined further with the City.

IMPROVEMENT STANDARDS AND SPECIFICATIONS UPDATE
City of Los Banos

MARK THOMAS

Page 1 ends

88 INDIVIDUALIZED SUBCONSULTANT FEE DETAIL
FEHR,tPEERS

EXHIBIT D - FEE SCHEDULE
Consultant shall provide an itemized schedule of rates and fees which includes all billing amounts and costs for each Task.

Task amounts are considered to be not-to-exceed amounts.

Task 1: Project Kickoff and Work Plan ............................................ $ 1, 165 ------- Task 2: Research Industry Standards .............................................. $ 3,715 ----- -- Task 3: Draft Revisions ............................................................. $ 10,660 ----- -- Task 3.1: Community Design Standards (Add Alternate Task) ........... ..... $_N_/_A ____ _ Task 4: Public Outreach .............................................................. $ 2,045 ------- Task 5: Final Adoption ................... ..................................... ...... $_2_, 1_8_5 ____ _ Consultant Rate Schedule:

The rate for any authorized additional services is shown below:

Position Title
Principal
Senior Associate
Senior Engineer
Engineer
CAD Technician
Administrative Support

IMPROVEMENT STANDARDS AND SPECIFICATIONS UPDATE
City of Los Banos
Hourly Rate
$305
$265
$200
$165
$165
$145

MARK THOMAS

Page 2 ends

89 COMMUNICAJIONS

EXHIBIT D - FEE SCHEDULE
Consultant shall provide an itemized schedule of rates and fees which includes all billing amounts and costs for each Task.

Task amounts are considered to be not-to-exceed amounts.

Task 1: Project Kickoff and Work Plan ................................. ..... ... ... $ ______ _ Task 2: Research Industry Standards .................. ... .. ..... .................. $ _ ______ _ Task 3: Draft Revisions ............................................................. $ - ------- Task 3.1: Community Design Standards (Add Alternate Task) ................ $ _ _____ _ Task 4: Public Outreach .............................................. ..... ........... $ 11,000.00 Task 5: Final Adoption .............................................................. $ _______ _ Consultant Rate Schedule:

The rate for any authorized additional services is shown below:

Position Title
President/CEO
Director
Senior Account Executive
Content Manager
Account Assistant
Graphic Designer

IMPROVEMENT STANDARDS AND SPECIFICATIONS UPDATE
City of Los Banos
Hourly Rate
$328.42
$130.75
$93.84
$102.17
$79.20
$98.52

MARK THOMAS

Page 3 ends

90 COST PROPOSAL FOR PROJECT SCOPE: Los Banos - Community Design Standards Update ~ MAR K
■ ■ THOMAS

1.0 PROJECT MAf'AGEMENT

1.1 Project Mana1ement

1.1 Team Meetings
:;.3 Data Cofft>n,on & Document Rcvtew
◄ Planning Co.m mission & City council Meetings ~ltt---1 z.o PUBLIC & STAKEHOLDER OUTREAOl

2.1 Advisory committee Meetinss

2.2 Community M~tings

2.3 Onhne Community Survev
S11btnlatPusel3.0 COMM UNIT"/ DESIGN STANDARDS

3.1 Administrative Draft COS Update

3.2 Draft CDS Update

3.3 Final CDS Update
Sllbtvlal l'ftaw.J
0,-.HOUflS
u••••m•n -.. ,u,AI.Ol§T
OPTION.!,!. TA$11$
, .

IIOTAL H0085 • OYltONAI
OTllEII DIRECT Cu, 1:, • Ut"11urcAL
Please not• that the rates shown ere for estimating purposes only.

See rate sc:hedule foe actual rates/ranges.
i
I 'I j l I ~
I It 11 ! :! :I .:i $334 $259 $278 $185
16 ,. 24
8 JG
8 ,. 0 a S15 .. • 12
12 24
2 Q Q n J4i
4 4 40 120
4 4 24 80
2 4 24 40
10 n .. - II u 1 .. - ~
~- - ~-
J u 24 ·-
Subcon5utlants
..
i i .. ! ! 11 j JI 1d Tabll T-IMT
I l Hours , .. , i !J J.!! ,d sl jJ $139 $110 $170 $165 8 18 4l $11.nl
•8 lli lt; 10.800 3,711.1 ,. SS.•- 5,400
40 72 SU,21• 12,600
... Q I 11 JN m..za su,aoo SJ,701
24 44 $7,7SC 16,200 11,389
24 60 $11,112 9,000 17,171
2 $556 6,331
.. D 0 C 106 m~ S.ZS,'200 $3C,19l
96 80 344 $57,835 78,750
48 24 184 $33,1.>6 13,500
24 94 $19,lU 9,000
16' -~ D D ... 5110,10<! SlDl.250 $C
~ 1C,O • u ... ~~ ~~ $1.-
--·~ - ..,,,. ·~ ,1.,- ~1:
; .. ,,~
.. D ' ' ~
S< $0 51
TOTAi COST
$11.rn
$25,Gl.
no.s&
Sl•-'2•
$69,~
$35,36!
$37,283
$6,88l
m--
$135,SIE
$46,656
528,11:Z
SllL3S<I
51-..-
~··-·
51 51112023
I I I 91
t.----= - I - --~ - - - '
• I "I I
• .. _. ■- • I • •"' ' _.
· MARK THOMAS
- MARK THOMAS & COMPANY, INC. RATE SCHEDULE
EXPIRES JUNE 30, 2023
Engineering & Planning Surveying
Intern $73 Survey Intern $91
Technician $112 Survey Technician $128
Design Engineer I $129 Sr. Survey Technician $144
Design Engineer II $157 Surveyor $150
Sr. Technician $157 Sr. Surveyor $171
Project Engineer $185 Lead Survey Technician $177
Sr. Project Engineer $214 Project Surveyor $193
Sr. Technical Engineer $214 Sr. Project Surveyor $214
Project Manager $259 Survey Manager $230
Technical Lead $259 Sr. Survey Manager $278
Sr. Project Manager $289 Survey Division Manager $337
Sr. Technical Lead $289 * Single Chief $187
Engineering Manager $334 * Single lnstrumentrnan $171
Design Manager $334 * Single Chainman $155
Sr. Engineering Manager $394 * Apprentice $128
Principal $451 * 1 Person Field Crew $198
* 2 Person Field Crew $318
Construction Management * 3 Person Field Crew $422
Office Technician $90 Drone Pilot $235
Office Engineer $169
* Asst. Resident Engineer $225 District Management
* Inspector - CM $225 * Inspector - Apprentice $90
RE/Structural Representative $281 * Inspector $124
Project Manager - CM $281 • Sr. Inspector $152
Sr. Project Manager - CM $292 Assistant Sanitary Engineer $180 Area Manager - CM $399 Associate Sanitary Engineer $202 Division Manager - CM $349 Sanitary Project Engineer $236 Sr. Sanitary Project Engineer $257
Planning Operations Manager $287
Planner I $110 Deputy District Manager $337
Planner II $139 District Manager-Engineer $371
Sr. Planner $157
Project Support/Coordination
Landscape Architecture/Urban Design Project Assistant $94 Landscape Intern $70 Technical Writer $118
Landscape Designer I $110 Sr. Project Assistant $141
Landscape Designer II $139 Project Coordinator $129
Landscape Architect $173 Graphic Designer $153
Sr. Landscape Architect $185 Sr. Technical Writer $141
LAUD Project Manager $231 Project Accountant $141
Sr. LAUD Project Manager $265 Sr. Project Coordinator $165 LAUD Division Manager $278 Sr. Graphic Designer $177
Sr. Project Accountant $170
Grant Writing Sr. Graphic Manager $200
Funding Specialist $169 Project Accountant Manager $200 Sr. Funding Specialist $263
Funding Manager $289 Special Services
Expert Witness $470
Strategic Consulting $470
Reimbursables including, but not limited to; reproductions, delivery and filing fees; outside consultant fees; and survey field expenses will be billed at Cost Plus 5% . Mileage will be billed per current IRS Rate.

This rate schedule expires June 30, 2023; rates are subject to escalation with new hourly rate schedule as of July 1, 2023. * These charge rates are subject to Prevailing Wage laws and Union contract.

RATE SCHEDULE CQ-1) I PAGE 1 OF 1

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92 ITEM 7F
93 TO:

FROM:

DATE:

SUBJECT:

LOsBanos
At th.e Crossroads of Cctl~fornia
Agenda Staff Report
Mayor and City Council Members
Soknirorn Than, P.E., Public Works Director/City Engineer ~ C May 17, 2023
Award of Bid for Exterior Painting of Four City-Owned Buildings TYPE OF REPORT: Consent Agenda
Recommendation:

That the City Council adopts the Resolution awarding the Exterior Painting of Four CityOwned Buildings, and authorize the City Manager to execute the contract agreement in the amount of $143,767. Staff is requesting a 10% contingency of $14,376.00. The administration of this contract agreement, including the 10% contingency, is to be performed by the Public Works Director/City Engineer.

Background:

The four city-owned buildings: City Hall, Miller & Lux, Police Annex and Fire Station #1 are in need of minor exterior surface repairs and new coating of paint. Observation of the buildings showed deterioration in different areas and the discoloration of the exterior paint on the buildings.

Discussion:

The Public Works Department released the bid documents for the exterior painting of four city-owned buildings: City Hall, Miller & Lux, Police Annex and Fire Station #1 on March 29, 2023. The public notice was advertised in the Merced Sun Star on March 29, 2023.

The bid opening occurred on April 27, 2023.

The Public Works Department, through the office of the City Clerk, received ten ( 10) timely bids. After a detailed review of the submitted bid documents from staff, staff determined that Pro Group Painting is the lowest responsive and responsible bidder. Therefore, staff is requesting that Pro Group Painting be awarded the contract agreement for painting the exterior of four city-owned building for their bid in the amount of $143,767.00. 94 City staff held a kick-off meeting with the contractor to define project scope and expectations. Direction was provided to the contractor for additional work to the exterior stucco of City Hall.

Fiscal Impact:

City staff is prepared to release the Notice to Proceed, pending approval from City Council, on May 17, 2023. The project is expected to cross into the next Fiscal Year. Currently, there is sufficient funding available in the Fiscal Year 2022/23 Budget. The bid amount of $143,767.00 and contingency amount of $14,376.00 will be split between General Fund Administration, General Fund Measure H, and General Fund Fire as respective to the building functions.

Attachments:

Resolution
Agreement
Bid Opening Sheet
Brent Kuhn, Interim Finance Director
95 RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AUTHORIZING AWARD OF

CONTRACT AGREEMENT FOR THE EXTERIOR
PAINTING OF FOUR (4) CITY-OWNED BUILDINGS
WHEREAS, the City of Los Banos has a need to re-paint Four ( 4) City-Owned Buildings: City Hall, Miller & Lux, Police Annex and Fire Station #1; and WHEREAS, the City of Los Banos has allocated funds for the Exterior Painting of Four (4) City-Owned Buildings; and
WHEREAS, the City of Los Banos received sealed bids for Exterior Painting of Four ( 4) City-Owned Buildings that were officially opened on April 27, 2023; and WHEREAS, it was determined that Pro Group Painting provided the lowest responsive and responsible bid of $143,767.00; and
WHEREAS, the Public Works Department requests the City Council authorize the City Manager to execute and the Public Works Director/City Engineer administrate the Contract Agreement with Pro Group Painting, including the 10% contingency.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby accept the bid of $143,767.00 from Pro Group Painting for the Exterior Painting of Four (4) City-Owned Buildings, authorizes the City Manager to enter into a contract agreement, and the Public Works Director/City Engineer administer the construction including the 10% contingency.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of May 2023, by Council Member --- who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
1 96

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF LOS BANOS AND PRO GROUP PAINTING

FOR EXTERIOR PAINTING - CITY HALL, POLICE ANNEX, FIRE
STATION #1, AND MILLER& LUX BUILDINGS
THIS AGREEMENT FOR CONTRACT SERVICES is made and entered into this day of ___ , 2023, between CITY OF LOS BANOS, a California municipal corporation ("City") and Pro Group Painting ("Contractor");

RECITALS
A. WHEREAS, City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California; B. WHEREAS, City desires to contract out exterior painting of City Hall, Police Annex, Fire Station #1, and Miller & Lux Buildings all located in the City of Los Banos; C. WHEREAS, Contractor submitted a responsible proposal/bid in response to an Request for Proposals/Bid prepared by the City Public Works Department; D. WHEREAS, Section 3-16.040 of the Los Banos Municipal Code sets forth the informal bidding procedures for a public project of $200,000.00 or less.

E. WHEREAS, City has determined that Contractor is qualified by experience and ability to render such services; and
F. WHEREAS, City and Contractor desire to set forth their rights, duties and obligations in connection with the services to be performed.

NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

1. SCOPE OF WORK AND COMPENSATION

1.01. Scope of Work. Subject to the terms and conditions set forth in this Contract, Contractor shall furnish all labor, materials, services, transportation, and equipment necessary in order to provide exterior painting services to City Hall, 520 J Street, Los Banos; Police Annex Building, 535 J Street, Los Banos; Fire Station #I, 333 7th Street, Los Banos; and Miller & Lux Building, 830 6th Street, Los Banos as described in the City's Request for Bids dated March 29, 2023, set forth in Exhibit A attached hereto and incorporated herein by this reference. The scope of work generally consists of the exterior building painting of four (4) City-owned buildings which includes, but is not limited to: City Hall, 520 J Street, Los Banos; Police Annex Building, 535 J Street, Los Banos; Fire Station #1, 333 7thStreet, Los Banos; and Miller & Lux Building, 830 6thStreet, Los Banos. Contractor shall not be compensated for any work for services rendered in connection with its performance of this Contract, which are in addition to or outside of the Scope

03.23.2023 WAV
97 of Work, except as expressly provided for herein. It shall be Contractor's responsibility to ensure that the scope and price of any Extra Work to be performed by Contractor is approved by City in writing in advance of Contractor's commencement of the Extra Work.

1.02. Compensation. The total amount to be paid under this Contract for all of the work set forth in Section 1.01 above shall not exceed $143,767, in accordance with the bid submitted by the Contractor dated April 24, 2023, Exhibit B attached hereto and incorporated herein by this reference. This price includes all costs for labor, materials, tools, equipment, services, warranty, taxes, insurance, overhead, profit and all other costs necessary to perform the work in accordance with this Contract. The cost or compensation for any Extra Work shall be mutually agreed upon by the parties in writing.

1.03. Billing. Compensation shall be paid to Contractor upon receipt and approval by City of an invoice setting forth in detail the services performed. City shall pay Contractor within thirty (30) days after approval of the invoice by City staff.

1.04. Time for Performance. Time is of the essence in the performance of services under this Contract. After the Contract has been executed by City, Contractor shall begin work after the effective date of the Notice to Proceed issued by City and shall diligently and timely manner prosecute the work from the effective date of the Notice to Proceed. All work under this Contract shall be completed before the expiration of 45 calendar days from the commencement date specified in the Notice to Proceed. The failure by Contractor to perform the services in a diligent and timely manner shall constitute a material breach of this Contract and may result in termination of this Contract by City.

2. GENERAL WORK REQUIREMENTS

2.0 l . Standards. Contractor agrees that all Services shall be performed in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and warrants that it, its employees and subcontractors shall have sufficient skill and experience to perform the Services and that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained in good standing throughout the term of this Contract.

2.02. Public Convenience. Contractor shall so conduct its operations as to offer the least possible obstruction and inconvenience to the public and to owners of abutting property.

2.03. Traffic Control Measures. Contractor shall provide appropriate vehicular, pedestrian and bicycle traffic control measures. All work shall be planned and carried out so that there is least possible inconvenience to vehicular and pedestrian and bicycle traffic along the project area.

2.04. Sound Control Requirements. Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the 2 03.23.2023 WAV
98 Contract. Unless otherwise provided in writing, work shall be limited to Monday through Friday from 7:00 a.m. to 5:00 p.m.

2.05. Safety Requirements. Contractor shall comply with all safety requirements prescribed by applicable federal, state and local laws and regulations to ensure the safety and health of those working and the local community. Contractor shall assume all responsibility for public safety during the course of the work and all such costs shall be included in the Contract price.

Whenever Contractor's operations create a condition hazardous to traffic or to the public, it shall furnish, erect and maintain, at its expense, such fences, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public.

3. CONTRACTOR'S RESPONSIBILITIES

3.01. Responsibility for Damage. Contractor shall be responsible for any loss or damage that may happen to the work and for any loss or damage to any of the materials of other things used or employed in performing the work.

3.02. Indemnification and Hold Harmless. Contractor shall indemnify, defend and save harmless City, and its officials, officers, employees, volunteers and agents against all suits, claims or losses (including attorneys' fees and expenses) that may be based on any injury or damage to, or death of any person or any damage to property that may occur, or that may be alleged to have occurred, arising from the performance of this Contract by Contractor, its subcontractors or employees, whether or not it shall be claimed that the injury was caused through an act or omission of Contractor, its subcontractors, employees or other agents, except for the sole negligence, active negligence or willful misconduct of City. Contractor shall, at its own expense, pay all charges of attorneys and all cost and other expenses arising or incurred in connection with such suits, claims or losses. If any judgment shall be rendered against City in connection with any such suit, claim or loss, Contractor shall at its own expense satisfy and discharge it.

3.03. Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City.

A. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City Attorney prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Contract.

B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.

C. Acceptable Insurers. All insurance policies shall be issued by an insurance 3 03.23.2023 WAV
99 company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A ( or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City Attorney.

D. Coverage Requirements.
i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
ii. General Liability Covera12e. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Contractor's general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. 111. Automobile Liability Coverage. Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident. If Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.

Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. 111. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
4 03.23.2023 WA V
100
iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non-payment of premium) written notice has been received by City.

Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Contract, or the extent to which Contractor may be held responsible for payments of damages to persons or property.

3.04 Payment of Taxes. The Contract prices paid for the work shall include full compensation for all taxes which Contractor is required to pay, whether imposed by Federal, State or local government, including, without being limited to, Federal excise tax. No tax exemption certificate or any document designed to exempt Contractor from payment of any tax will be furnished to Contractor by City, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the Contract. Contractor shall withhold and pay any and all sales and use taxes, withholding taxes, whether State or Federal, Social Security taxes, State Unemployment Insurance charges and all other taxes that are now or hereafter may be required to be paid or withheld under any laws.

3.05. Permits and Licenses Contractor covenants and declares that it has obtained all certificates, licenses, permits or the like required of Contractor by any and all national, state, regional, county, city or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Contract. Contractor shall comply with all permits applicable to the work. Contractor has and shall maintain the appropriate State Contractor's License, pursuant to Chapter 9 of Division 3 of the California Business and Professions Code.

CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY

THE CONTRACTORS' STATE LICENSE BOARD WHICH HAS JURISDICTION TO

INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT

REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY QUESTIONS CONCERNING

A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS' STATE LICENSE BOARD, P.O. BOX 26000, SACRAMENTO, CALIFORNIA 95826.

3.06. Labor Code Requirements. Attention is directed to the following requirements of the Labor Code:
5 03.23.2023 WAV
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a. Labor Non-Discrimination. Contractor shall comply with Section 1735 of the Labor Code which provides Contractor shall not discriminate against any employee who is employed on the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status or sex of such persons, except as provided in Section 12940 of the Government Code. b. Prevailing Wages. Contractor shall comply with California Labor Code Sections 1770 to 1780, inclusive.
c. Payroll Records. Contractor's attention is directed to the following provisions of Labor Code Section 1776. Contractor shall be responsible for the compliance with these provisions by his subcontractors. Contractor and each subcontractor shall preserve their payroll records for a period of three (3) years from the date of completion of the Contract. d. Workers' Compensation. Pursuant to the requirements of Section 1860 of the California Labor Code, Contractor will be required to secure the payment of workers' compensation to his employees in accordance with the provisions of Section 3700 of the Labor code. By signing this Contract, Contractor certifies the following:
"I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."

3.07. Warranty. Contractor warrants to City that all materials and equipment furnished shall be new, free from liens, encumbrances, faults and defects, and of good quality and fit for the purpose intended.

Contractor warrants and guarantees after the date the City accepts the Work that the materials and labor necessary for the Work shall operate as warranted. During the term of this warranty (20 year material warranty) and (5 year labor warranty) Contractor shall, without delay, provide all materials, parts and labor, at its own expense, which are necessary to repair and/or correct any and all defects, installation or operational failures in the equipment from any cause so that said Work will function successfully as originally contemplated. Notwithstanding the foregoing, Contractor shall not be required to bear the expense of correction of any failure in the equipment that is caused by the sole or active negligence or willful misconduct of the City. Should Contractor fail to act promptly or in accordance with this requirement, or should the situation require that repairs or replacements be made before Contractor can be notified, the City may, at its option, make the necessary repairs or replacements or perform the necessary work and Contractor shall pay to the City the actual cost of such repairs. Contractor shall also pay to the City and attorneys' fees incurred to enforce this guaranty. This warranty by the Contract is in addition to any warranties or guarantees required or provided by the manufacturer or supplier.

3.08. Independent Contractor Status. Contractor shall independently perform all work under this Contract and shall not be considered an agent or employee of City; nor shall Contractor's 6 03.23.2023 WAY
102
subcontractors or employees be considered as subagents of the Owner.

3.09. Hazardous Chemicals and Wastes. Should any release, discharge, leakage, spillage, emission or pollution of any hazardous chemicals or wastes occur due to Contractor's work, then Contractor at its sole cost shall clean all affected property to the satisfaction of City and any governmental body with jurisdiction. Contractor shall immediately report any such release to the Director of Public Works. If the performance of the work outlined by these Contract Documents creates any hazardous wastes, Contractor shall properly dispose of such wastes in full accordance with federal, state and local laws, at its expense.

3.10. Compliance with Laws. All work performed by Contractor under this Contract shall be in accordance with applicable federal, state and local requirements, including, but not limited to environmental laws and laws regarding disposal of hazardous wastes.

3.12. Conflicts of Interest. Contractor covenants and declares that other than this Contract, it has no holdings or interests within the City or business holdings or agreements with any official, employee or representative of City and shall disclose any such holdings or interests to City in writing.
3 .13. Discrimination Prohibited. Contractor covenants and agrees that in performing the services required under this Contract, Contractor shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, national origin, ancestry, age or disability.

4. GENERAL PROVISIONS

4.1 Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, the City will sustain damage. The actual occurrence of damages and the actual amount of the damages which the City would suffer if the Work were not completed within the Contract Time would be impracticable and extremely difficult to determine. Damages the City would suffer in the event of delay include, but are not limited to, loss of the use of the Work, costs of administration, inspection, supervision and the loss suffered by the public within the City.

Accordingly, the parties agree that the amount herein set forth is a reasonable estimate of the damages which the City shall incur upon failure of the Contractor to complete the Work within the Contract Time: Five Hundred Dollars per day ($500/Day). for each calendar day by which completion of the Work is delayed beyond the Contract Time. Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that the City may 7 03.23.2023 WAV
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deduct the amount thereof from any monies due or that may become due to the Contractor under the Contract.

4.2. Termination. City shall have the right to terminate Contractor's right to proceed with some or all of the work and may terminate this Contract at any time by providing written notice thereof at least thirty (30) calendar days in advance of the termination date. In the event of termination, City shall pay Contractor for the reasonable value of services rendered by Contractor prior to termination; provided, however, City shall not in any manner be liable for lost profits which might have been made by Contractor had the contract not been terminated or had Contractor completed the services required herein. The foregoing is cumulative and does not affect any right or remedy that city may have in law or equity.

4.3. Controlling Law and Venue. City and Contractor agree that the law governing this Contract shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of or otherwise relating to this Contract shall be filed and maintained in the County of Merced.

4.4. Assignment and Subcontracting. Neither this Contract nor any interest herein nor any claim hereunder may be assigned or subcontracted by Contractor either voluntarily or by operation of law, without the prior written consent of City. No such consent shall relieve Contractor of its obligations to comply fully with the requirements of this Contract.

4.5. Records. Contractor will permit City to audit, examine, and make copies of all contracts, invoices, materials, payroll records of personnel, conditions of employment and or data relating to all matters covered by this Contract. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Contract.

4.6. Waiver. Failure of City to insist upon strict performance of any of the terms and conditions hereof, or failure or delay to exercise any rights or remedies or to properly notify Contractor in the event of breach, or the acceptance of or payment for any good hereunder, shall not release Contractor of any of the warranties or obligations of this Contract and shall not be deemed a waiver of any right of City to insist upon strict performance hereof.

4. 7. Notices. Any notices required to be given pursuant to this Contract shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:

To City:

To Contractor:

03.23.2023 WAY
City of Los Banos
411 Madison Avenue
Los Banos, California 93635
Attn: Nirom Than
Pro Group Painting
10167 Ellenwood Ave.

Sacramento, California 95827
8 104
Nothing hereinabove shall prevent either City or Contractor from personally delivering any such notices to the other.

4.8. No Personal Liability. No member, official or employee of City shall be personally liable to Contractor or any successor in interest in the event of any default or breach by City or for any amount which may become due to Contractor or successor on any obligation under this Contract.

4.9. Entire Agreement. This Contract contains the entire agreement of the parties with respect to the subject matter of this Contract. Any modifications to this Contract shall be in writing.

4.10. Authority to Contract. Contractor covenants and declares that it has obtained all necessary approvals to bind Contractor to this Contract and that the representative signing the Contract is authorized to do so.

4.11. Integration. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein.

4.12. Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.

4.13. Severability. If any part of this Contract is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Contract shall continue to be in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Contract on the dates set forth below.
9 03.23.2023 WA V
105
Date: _____ _, 2023
Date: _____ ~ 2023
ATTEST:

CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:

William A. Vaughn
City Attorney

03.23.2023 WAV
10 Pro Group Painting
by:

CITY OF LOS BANOS, a California
municipal corporation
by:

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106
107

EXIDBIT A

SCOPE OF WORK
The primary scope of work is for the exterior building painting of four (4) City-owned Building which includes, but is not limited to:
• City Hall, 520 J Street, Los Banos, CA 93635
• Miller & Lux Building, 830 6th Street, Los Banos, CA 93635 • Police Annex Building, 535 J Street, Los Banos, CA 93635 (Add Alternate 1) • Fire Station #1, 333 7Cb Street, Los Banos, CA 93635 (Add Alternate 2) Surfaces to be painted include:
• Stucco/Block Walls
• Painted Overhangs
• Previously painted wood/metal/stucco accent fascia and trim • Previously painted metal handrails
• The identification lettering in front of the building (LOS BANOS POLICE ANNEX, LOS BANOS CITY HALL, CITY OF LOS BANOS FIRE STATION NO. 1, MILLER & LUX INCORPORATED, address numbering, etc.)
• Previously painted doors and door frames
• Previously painted windows and window frames
• Gutters and downspouts
• The metal gates at the employees rear and east entrance areas of City Hall • The metal ladder on the exterior back side of the Police Annex • Bollards behind and around City Hall
• Improvements shall be performed to the alley-side (north facing) and 6th St. side (west facing) of the Miller & Lux Building. See below for rear side improvements; • No painting shall be done to the exposed red brick veneer in back ( east facing) of the rear parking lot of Miller & Lux Building. This section is to be pressure washed only. • All other surfaces in the rear of the building shall be painted including the metal stair case.

Preparatory work:
•
•
•
•
•
•
•
Prep work will consist of a thorough pressure wash of all surfaces. Cracks and blisters in the stucco and areas where stucco is missing shall be patched with matching texture. o Grind down heavy edges of cracks
o Patch stucco with elastomeric patching compound
Wood/Metal surfaces should be scraped and sanded to remove loose and peeling paint to ensure proper adhesion. Any area where bare wood/metal are exposed shall be spot-primed prior to painting.

New caulking will be applied at any previously caulked areas and any crack areas .

Any bare wood/metal, areas where stucco has been patched or areas where metal shows signs of rust will be spot-primed prior to painting.

Open gaps on doors and window frames will be sealed .

Doors and windows shall be covered from overspray. Sidewalk, road and alley surfaces shall be covered from overspray.

Extreme care must be taken to avoid paint, solvents or materials from becoming windbome and causing harm or damage to people, vehicles or property. Contractors shall ensure vehicles are clear of any over-spray.
11 03.23.2023 WA V
108
Project Notes:
• Bid assumes that the City will provide sources for water and power. Contractor is responsible for all the necessaries appurtenances to make connection to said sources. • Bid assumes that the Contractor will provide proper traffic control and pedestrian detour plan when working in areas that will limit/impact pedestrian and vehicle traffic. • Bid assumes that the City will cut back any landscaping which limits or prevents access to the painting surfaces.
• Bid assumes that doors will be painted on the exterior side only. • Gutters, downspouts, wires, and conduits will be painted as part of the surfaces they are attached to.

Clean Up:

To be completed in full daily and upon job completion. All clean up performed shall ensure the property is presentable, accessible and fully clean before work is completed. All ladders down and stacked, tools and equipment stored properly each evening in an acceptable safe location determined by the City.

Any incidental work not described in the Contract Documents which is necessary to complete the Work shall be furnished and installed as part of this contract at no additional cost to the Owner. The work shall be complete and ready for service to the satisfaction of the Owner. The Contractor is responsible to inspect the site and observe actual working conditions prior to bidding the project. 12 03.23.2023 WAY
109

EXHIBITB
13 03.23.2023 WA V

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110
111
Bid Form
TO: City of Los Banos
520 J Street
Los Banos, CA 93635
In compliance with the Advertisement for Bids the undersigned, as bidder, hereby offers to provide to the Owner, in accordance with the terms and conditions in the provisions set forth in the Contract Documents the stated total bid amount quoted on this Bid Form for the work of Exterior Painting of Four (4) City-Owned Buildings
Total Base Bid Plus Bid Add Alternates Amount: $ 143,767 --~-------------- one hundred forty three thousand. seven hundred sixty seven dollars (Total Base Bid Plus Bid Add Alternates Amount in Written Form) The undersigned certifies under penalty of perjury under the laws of the State of California and the United States of America, that the above quotation constitutes a bona-fide offer for the work, that undersigned is a duly authorized representative of the company listed, that the quotation is in no way sham or collusive, and that the executed Agreement between the bidder and Owner constitutes acceptance of bidder's total bid for the work stated in the Contract Documents. The undersigned has read the General Provisions, Special Provisions, and Technical Specifications in these Contract Documents. The undersigned further certifies, under penalty of perjury that the Non-Collusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct.

The undersigned acknowledges receipt of the following addenda: none ----------- Signature: __./}L__.rf?--===-==---------- Date: O j -2 '1 ·-"23 Print Name: GARY SIMONYAN Title: .PARTNER
Name of Business: PRO GROUP PAINTING
Doing business as: (Circle One): An Individual A Partnership A Corporation Business Address: 10167 ELLENWOOD AVE. SACRAMENTO CA 95827 Telephone No.: 91.6-247-7080 Fax No.: ____________ _
E-Mail Address: PROGROUPPAINTING@YAHOO. COM
License Number: 884191 -------- Class & Expiration Date: _ 0_9_!3_0_/2_0_2_4 _____ _ 112
!
Bid Schedule
For
Exterior Painting of Four (4) City-Owned Buildings
Bidder agrees to perform all the work described in the Contract Documents for the following unit and lump sum prices and understands that the quantity of work shown is approximate only. The schedule shall be completed by the bidder with the unit and lump sum prices entered in numerals.

The extensions shall be made by the bidder. In case of discrepancy between the unit prices and the extension thereof, the unit price shall be considered as correct when evaluating bids.

BASE_.BID '

ITEM )I ITEM QUANTITY AND UNIT AMOUNT
Nn t IINIT - eRICE_ - 1 C~~ Hall, 520 J Street 1 LS $ 34450 I $ ~.1§Q-' ·-- ·•~ ..:; . .-,!-==-- - 2 Miller & Lux, 830 6th Street 1 LS $ 129,320 $ 29,320
--
TOTAL BASE BID: $63,770
ADD ALTERNATE NO. 1
-,-

ITEM ITEM QUANTITY
1 UNIT AMOUNT NO. AND UNIT PRICE
'
3 Pol~ ~"~!!_535 J Street 1 LS ... _1 I 29_.999 $ 2~.:~99 " TOTAL ADD ALTERNATE NO. 1 BID: $29.,999 . -
ADD ALTERNATE NO. 2
ITEM ITEM QUANTITY UNIT AMOUNT NO. AND UNIT PRICE - '
I $ 4 Fire Station #1, 333 7th 1 : LS $ 49,998 49,998
Street j '
TOTAL ADD ALTERNATE NO. 2 BID: $49,998
Note: The representations made herein are made under penalty of perjury. Any information contained in the bid which is proven false shall be considered nonresponsive and this bid shall be rejected. The City reserves the rights to award or not award the Contract with the Add Alternates.
113
LOsBanos
~• rht Ctosswads oj Laliju1 nia

BID OPENING
Construction of Exterior Painting of Four (4) City-<>wnec:t Buildings April 27, 2023-2:00 PM

1. NBR Painting & Coating, Inc.

2. H.B. Restoration INC

3. Primal Paint, Inc.

4. Marco Martell Colorful Painting

5. Joaquin Painting, Inc.

6. Athens Painting & Commercial Coatings

7. CMA Painting Inc.

8. Pro Group Painting

9. D&H Painting

10. Color New Co.

Signed;_~Q,. ~ •· ~ Blevins, CMC
Assistant City Clerk/HR Analyst
~ lL
Public Works Director/City Engineer
$ 215,950.00
$ 64,210.00
$ 107,800.00
$ 101,000.00
$ 46,195.00
$ 126,000.00
$ 82,000.00
$ 63,770.00
$ 76,211.00
$ 136,000.00
Dated: April 27, 2023

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114
ITEM 7G
115
LOsBanos
At the Crossroads of Califo,·nia
Agenda Staff Report
TO: Mayor & City Council Members
FROM:

DATE:

Soknirorn Than, P.E., Public Works Director/City EngineerS; ~ / L_ May 17, 2023
TYPE OF REPORT: Consent Item
SUBJECT: Accepting Public Improvements for Southpointe at Regency Park, Overland Avenue.

Recommendation:

That the City Council adopts the Resolution accepting Public Improvements for Southpointe at Regency Park, Overland Avenue Improvements.

Background:

The Tentative Tract Map No. 2015-01 was approved by the City of Los Banos Planning Commission on May 11, 2016 by Resolution No. 2016-13. In May of 2022 and March of 2023, the Public Works staff was contacted by the developer, Stonefield Home, Inc., a California Corporation, for Final Map approval for Phases 7, 8, and 9. The City Council adopted the Resolution No.6514, 6515, and 6616 approving the Final Map for Southpointe at Regency Park, Phase 7, 8, and 9 with accompanying Subdivision Improvement Agreements. In May of 2021, the developer contacted Public Works for the approval of the Improvement Plan for Southpointe at Regency Park, Overland Avenue. The Improvement Plans were reviewed and approved by the City's Consultants as well as the City Engineer. During construction and upon completion, the site was inspected and deemed substantially complete by City staff. In April 2023, the developer contacted the Public Works Staff to request 116
acceptance of Public Improvements for Southpointe at Regency Park, Overland Avenue.

Discussion:

The subject is generally located within the area bounded within the Southpointe at Regency Park Subdivision, Verona Estates Subdivision to the south, Place Road to the west, and Ward Road to the east.

Fiscal Impact:

All public improvements for Southpointe at Regency Park, Overland Avenue have been completed by the Developer. A Maintenance Bond in the amount of $77,952.88 shall remain on file with the City of Los Banos for a minimum of one year after the acceptance of public improvements. All other required processing, development, plan check and Inspection fees to date have been paid.

Reviewed by:

J 7
/, ( ~
l f t/2 luv~- _
Josh Pinheiro, City Manager Brent
~\~ Kuhn, Interim Finance Director
Attachments:

Resolution
Exhibit A Approved Vesting Tentative Subdivision Map
Exhibit B Original Engineers Estimate
Exhibit C Conditions of Approval
Site Map
Improvement Plan
117
RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS ACCEPTING PUBLIC

IMPROVEMENTS FOR SOUTHPOINTE AT

REGENCY PARK, OVERLAND AVENUE
WHEREAS, the City Council of the City of Los Banos has received a request from the developers of Southpointe at Regency Park, Overland Avenue that Public Improvements, for Southpointe at Regency Park, Overland Avenue be accepted by the City of Los Banos; and
WHEREAS, the City Council of the City of Los Banos has reviewed said request and finds that the public Improvements of said project are in a position to be accepted by the City of Los Banos.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos that does hereby accept the Public Improvements for Southpointe at Regency Park, Phase 7 as presented.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of May 2023 by Council Member _ __ _ who moved its adoption, which motion was duly seconded by Council Member ---- and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk

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118
119

VESTING TENTATIVE SUBDMSION MAP

SOUTH POINTE
---

AT REGENCY PARK
LOS BANOS, CAUFORNIA 8£JNG A SIJIIDIVIS10N OF A PO/fflON OF SEr:1ION 7. TUlfllSHI> 10 SW11(. TWa ti OST, NID SEr:1ION 12. 1UWNSHIP ,o SOIITH, RANG£ ,o E"AST,
IIOUff OWMD 9ASE AMJ .IElll!IW( IN 111£ aTY OF LOS IWIOS; CO/MrY OF loOtEI. SWC OF C4lR¥INM
N(Jlfflll'Clff(~T'REGl;IICY PARK
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122
rtOI'~ amp•..,.. {1fJIOl'lllrlM .....

WTYPrCAL STREET'SECTION
! ;J.;ff::. f it JiJ ,J.
,a..,-a-.OIIDl:SIOCI -on'OTU/6-SID ,,..._,.... • .....,.. lmU SM• •-4J IES7 IJF SIREEf
12' OVERLAND AVENUE tmlEETSECTION
-'f---:-:fJ___ "ll' o?j,,? :.._ f 1E i-,; ,,f'="
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rBJa.-otna•~ ,...._..m- =.s~: ':sJ!':"• DIST OF 0IS'IBl.MM Stmr 12' OVERLAND AVENUE STREET SECTION
..
811' PLACE ROAD tmlEET SECTION
..

IOflHOFCMJIAM)AlfME
'/2' WARD ROAD S'TREET SECTION
,.....,.,,.,,,.am!lllal'
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1118' WARD ROADS11IEETSECTION
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124
125
Exhibit B
JOB #100025
4/1/2021

ENGINEER'S BOND ESTIMATE
FOR

SOUTHPOINTE AT REGENCY PARK

OVERLAND AVENUE

LOS BANOS, CA
ITEM DESCRIPTION UNIT QUAN. UNIT PRICE AMOUNT

A SITE PREPARATION

1. MOBILIZATION LS $5,000.00 $5,000.00

2. CLEAR AND GRUB SF 81,222 $0.05 $4,061 .10

3. SAWCUT EXISTING PAVEMNT LF 91 $2.50 $227.50

4. REMOVE EXISTING PAVEMENT SF 89 $1 .00 $89.00

5. REMOVE EXISTING BARRICADE EA 1 $250.00 $250.00

6. GRADING SF 81,222 $0.10 $8,122.20
SUB-TOTAL $17,749.80
B. WATER

1. 16"WATER LF 1,853 $40.00 $74,120.00

2. 10"WATER LF 32 $30.00 $960.00

3. 8"WATER LF 276 $25.00 $6,900.00

4. 16" BUTTERFLY VALVE EA 8 $5,000.00 $40,000.00

5. 10" GATE VALVE EA 1 $2,200.00 $2,200.00

6. 8' GATE VALVE EA 13 $1,000.00 $13,000.00

7. 6" STUB AND PLUG FOR FUTURE FIRE HYDRANT EA 7 $1,500.00 $10,500.00

8. TEMPORARY BLOW-OFF EA 14 $1,250.00 $17,500.00

9. CONNECT TO EXISTING 16" WATER EA 2 $2,000.00 $4,000.00

10. 8" STUB & PLUG EA 13 $1,000.00 $13,000.00

11. 1 O" STUB & PLUG EA 1 $1,000.00 $1,000.00
SUB-TOTAL $183, 180.00
C. SEWER

1. 6"SEWER LF 157 $20.00 $3,140.00

2. 8"SEWER LF 11 $22.00 $242.00

3. CONNECT TO EXISTING SEWER EA 14 $1,000.00 $14,000.00

4. 8" STUB & PLUG EA 1 $75.00 $75.00

5. 6" STUB & PLUG EA 13 $75.00 $975.00

6. LOWER EXISTING MANHOLE TO GRADE EA 7 $1,000.00 $7,000.00 SUB-TOTAL $25,432.00
D. STORM DRAIN

1. 12" STORM DRAIN LF 58 $25.00 $1,450.00

2. 18" STORM DRAIN LF 804 $32.00 $25,728.00

3. 24" STORM DRAIN LF 524 $36.00 $18,864.00

4. 30" STORM DRAIN LF 662 $40.00 $26,480.00

5. STANDARD MANHOLE EA 11 $3,750.00 $41,250.00

6. TEMPORARY DRAIN INLET (INCLUDING AC DIKE) EA 8 $2,000.00 $16,000.00

7. CONNECT TO EXISTING 30" STORM DRAIN EA 1 $1,000.00 $1,000.00 SUB-TOTAL $130,772.00
126

ENGINEER'S BOND ESTIMATE

SOUTHPOINTE AT REGENCY PARK

OVERLAND AVENUE

LOS BANOS, CA
JOB#100025
4/1/2021
PAGE2

ITEM DESCRIPTION
E. PAVEMENT

1. 0.125'AC/ 0.95' AB/0. 75' ASB
F. MISCELLANEOUS

1. STRIPING AND SIGNAGE

2. BARRICADE

3. EROSION CONTROL

4. NATIVE EARTH SWALE

5. HEADERBOARD
NOTE:

UNIT QUAN.

SF
LS
LF
LS
LF
LF
44,760

SUB-TOTAL
1 308
1 3,663
3,734

SUB-TOTAL

UNIT PRICE
$3.00
$6,500.00
$25.00
$8,000.00
$2.50
$4.00
CONSTRUCTION SUB-TOTAL------------>
10% CONTINGENCY==========>
CONSTRUCTION TOTAL-----------=>
AMOUNT
$134,280.00
$134,280.00
$6,500.00
$7,700.00
$8,000.00
$9,157.50
$14,936.00
$46,293.50
$537,707.30
$53,770.73
$591,478.03

1. THE ABOVE DEVELOPMENT COST ESTIMATE DOES NOT INCLUDE LAND, ADJACENT RIGHT-OF-WAY, INTEREST, TAXES, COMMISSIONS, LEGAL FEES, ENGINEERING FEES, GEOTECHNICAL FEES, CITY FEES.

FEES CHARGED IN CONNECTION WITH A BUILDING PERMIT. PRICES REFLECT CURRENT NORMAL

CONSTRUCTION COSTS AND ARE SUBJECT TO CHANGE ONCE STREET IMPROVEMENT PLANS HAVE BEEN APPROVED.

PREPARED BY JP
REVIEWED BY-----:::T-:-G __ _
K:100025\Estimatesl Phase 7\OFFSITE\2021_03-03_OVERLAND AVE.XLS 127
Exhibit C

EXHIBITC
CONDITIONS OF APPROVAL FOR FINAL DEVELOPMENT PLAN #2015-01 -

SOUTHPOINTE AT REGENCY PARK
General:

1. All development shall be consistent with the Final Development Plan, reflecting any conditions of approval or amendments approved by the Los Banos City Council, which includes: the Vesting Tentative Tract Map, the land use type, pedestrian and vehicular access, architectural design, parks, open space, and recreation, public facilities, services, and infrastructure, and phasing plan.

2. Building Master Plans shall be consistent with the Final Development Plan and approved by the Community and Economic Development Department and Building Department prior to issuance of a building permit.

Lighting:

3. All street lighting shall be LED. The streetlights shall meet the illumination standards in the City Street Light standards. After Public Works inspection and approval, all street light electrical boxes shall be slurried per Public Works direction.

Architecture and Physical Design:

4. This project shall be subject to P-D (Planned Development) Design Standards as presented in the Final Development Plan.

5. The monotony of straight building lines shall be alleviated by varying the size of individual buildings, staggering the front yard setbacks, varying exterior building materials and colors, articulating building facades, and utilizing extensive landscaping.

6. The variation in setbacks, unit placement, and materials and colors shall be implemented in a random fashion with no apparent pattern, to avoid monotony.

7. The minimum front yard setback for front-loading garages shall be 20' and side-loading garages shall be 15'. The minimum setback to living areas shall be 15' from the front yard property line. The minimum front yard setback to porches shall be 1 0'.

8. The minimum side-yard setback for interior lots shall be 5', standard corner lots shall be 10', and reverse corner-lots shall be 15' from the property line.

9. The minimum rear-yard setback shall be 1 0' for single story units, and 20' for multi-story units.
7 128

10. The rear yard setback may be reduced by 2' to provide for stagger.

11. The typical architecture and plot plans set forth in the Final Development Plan are conceptually approved with this application. Plans submitted for building permits shall be consistent with these elevations in terms of style, material, and character.

12. To protect privacy, building placement that offsets side-facing second-story bedroom windows at adjacent houses shall be required.

13. Residential dwelling units shall not exceed 30 feet in height.

14. The developer shall provide entry monumentation and/or landscaping to provide for a neighborhood identity, substantially similar to that shown in the Final Development Plan.

15. If parking for model homes is to be provided in a temporary parking lot, such lot shall be approved by the Community and Economic Development Director as a commercial lot conforming with Los Banos Municipal Code section 9-

3.2009, and shall be removed within 60 days of the end of sales, if not intended to serve a permanent use.

Physical Amenities:

16. The developer shall provide decorative lighting as shown in the Final Development Plan.

17. Enhanced pedestrian treatments shall be used at the intersection of Overland Avenue and Place Road, such as, but not limited to stamped concrete as approved by the Community and Economic Development Director.

18. The developer shall install a six-foot high decorative masonry wall along Place Road and Ward Road within the non-access strip at the rear of private properties.

Parks and Landscaping:

19. Linear corridors shall be in conformance with the Final Development Plan, and in accordance with the designs shown therein.

20. Landscape plans shall emphasize deciduous shade tree plantings to the south and west of buildings.

21. Landscaping and site design shall substantially conform to the conceptual plans of the Final Development Plan.

22. The developer shall comply with the current development standards for basins and drains, to include all landscaping and related irrigation systems.

The applicant shall comply with the landscaping and irrigation requirements imposed by the Public Works Department.
8 129

23.A palette of locally native plants should be specified for landscaping within the park basin area adjacent to the San Luis Canal. The landscape plan shall be subject to review and approval by the Central California Irrigation District to ensure that the provisions of the landscape plan do not conflict with the District's on-going weed abatement program. The buffer shall be designed to include appropriate locally-obtained native grass, herb, and shrub species, such as arroyo willow (Salix lasiolepis ), blue elderberry (Sambucus mexicana), mule fat (Baccharis salicifolia), and native grasses, and shall not include plantings of non-native, invasive plant species, such as yellow star thistle (Centaurea solstitalis), brooms (Genista spp.), pampas grass (Cortaderia spp.), and tamarisk (Tamarix spp.). The buffer area shall provide native vegetation adjacent to the San Luis Canal and the recreational pathway and provide a vegetative barrier to discourage human and domestic animals from disturbing the canal or its banks.

24. Landscape plans for each residential front yard shall utilize drought tolerant plantings. The developer shall be required to follow local and State mandates regarding water conservation and water efficiency. Once the City adopts a new water efficient landscape ordinance, the developer shall be required to follow the new ordinance requirements. Landscaping shall be installed prior to Certificate of Occupancy.

25. The developer shall include the following utilities in the park basin facility:
electrical, sewer connections, storm drainage, and water service.

26. Off-street parking shall be provided at the detention basin for a minimum of 1 O vehicles as approved by the Public Works Director.
9 THIS PAGE IS INTENTIONALLY LEFT BLANK
130
131
Overland Ave Legend
Southpointe at Regency Park .
132
IMPROVEMENT PLANS FOR:

SOUTHPOINTE AT REGENCY PARK

OVERLAND A VENUE
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140
ITEM 7H
141
TO:

FROM:

DATE:
.LOsBanos
At thf Crossroads of California
Agenda Staff Report
Mayor & City Council Members
Soknirorn Than, P.E., Public Works Director/City Engineer c:::2...JJ ~7' Joe Heim, Parks and Recreation Operations Manager ~ I 1-....__ May 17, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorize the Execution of a Contract to AD ART, Inc, for the replacement of the Digital Sign at the Los Banos Community Center
Recommendation:

That the City Council authorize the City Manager to execute a Contract with AD ART, Inc. for the replacement the digital sign at the Los Banos Community Center.

Background:

The Los Banos Community Center opened in 2010. The Center hosts parks and recreation activities including, special interest classes, sports registration and facility rentals. The building has a two-sided digital board located on 7th St. The digital board advertises upcoming programs and events. As part of any Grand Room rental, renters may use the board for a personalized message relating to the associated event.

Discussion:

The digital board features a Daktronics brand pixel screen on each side of the sign. The screen has become damaged on both sides. In February 2020, Parks and Recreation staff secured estimates for repair of the board and replacement of the board to match existing specifications. The estimate for repair was $16,716.75. The estimate for replacement signs that would match the current signs was $33,642.34.

In 2023, after the installation of Welcoming Sign east of San Luis Street by the San Luis Canal, staff reached out to the vendor and inquired about newer and higher quality signs for the Community Center. The estimate provided are close to the replacement signs which is much lower in quality. The total cost including installation and taxes are $34,909.00.
142
Parks and Recreation staff recommends the replacement and upgrade of the screens to provide the best service to the community. Upgraded signs would present higher quality and appealing messages to the public. This includes the inclusion of images and videos that the existing system does not offer.

Staff intends to utilize Section 3-10.230 of the purchasing policy to pursue installation of the signage improvements in Fiscal Year 2022-2023. Staff intends to utilize AD ART for purchase and installation of the new screens. AD ART provided the purchase and Installation for digital board upgrades to the two highway digital boards. AD ART was selected following a Request for Proposals (RFP) process completed by the Community and Economic Development Department in Fall, 2022. The new screens will be compatible with the digital boards located on the highway.

The purchase and installation of the upgraded signage is estimated at $34,909.00. Excess funding is available in the Community Center Fee account relating to the construction of the Community Center Overflow Parking Lot project.

Fiscal Impact:

The estimated Fiscal Impact of the project is $34,909.00 to the Fiscal Year 2022-2023 budget. The item is anticipated to be paid for from the Community Center Fee fund, in line Item 244-410-100-752 (Capital Communication Equipment). Funding will be adjusted from excess funding in line item 244-410-100-720 (Capital Buildings & Structures) relating to the construction of the Overflow Parking Lot Project.

Jost; nheirb, City Manager
Attachments:

Resolution
Estimate of cost
Digital Sign Rendering
Brent Kuhn, Interim Finance Director
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RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AUTHORIZING THE CITY

MANAGER TO EXECUTE A CONTRACT WITH AD

ART, INC FOR THE REPLACEMENT OF THE TWO

DIGITAL SIGNS AT THE LOS BANOS

COMMUNITY CENTER
WHEREAS, the current digital signs at the Community Center has been in service since 201 O and have shown significant damage to the displays; and WHEREAS, per section 3-10.230 of the Municipal Code, A purchase may be had by negotiations when the purchase is for a technology product; and WHEREAS, the City Council has considered the proposal from AD ART, Inc. for the replacement of the digital signs at the Los Banos Community Center; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos authorize the City Manager to execute an Agreement with AD ART, Inc. in the form presented herewith on behalf of the City, subject to changes to the indemnity provisions as approved by the City Attorney.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 1 7th day of May 2023, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
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CONTRACT BETWEEN THE CITY OF LOS BANOS AND AD ART SIGN

COMPANY FOR THE LOS BANOS COMMUNITY CENTER DIGITAL

SIGN PROJECT
THIS CONTRACT is made and entered into this day of ___ , 2023, between CITY OF LOS BANOS, a California municipal corporation ("City") and AD ART SIGN COMP ANY ("Contractor");

RECITALS
A. WHEREAS, City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California; B. WHEREAS, City desires to contract out for the purchase and installation of a digital display to replace the current display in the sign located on the grounds of the Los Banos community center in the City of Los Banos;
C. WHEREAS, the City solicited a proposal from the Contractor; D. WHEREAS, Contractor submitted a responsive proposal in response to the City's request;
E. WHEREAS, City has determined that Contractor is qualified by experience and ability to render such services.

NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

1. SCOPE OF WORK AND COMPENSATION

1.01. Scope of Work. Subject to the terms and conditions set forth in this Contract, Contractor shall furnish all labor, materials, services, transportation, and equipment necessary for the replacement of the electronic display portion of existing double face EMC pylon sign at Los Banos Community Center as more specifically described in Exhibit A attached hereto and incorporated herein by this reference. Contractor shall not be compensated for any work for services rendered in connection with its performance of this Contract, which are in addition to or outside of the Scope of Work, except as expressly provided for herein. It shall be Contractor's responsibility to ensure that the scope and price of any Extra Work to be performed by Contractor is approved by City in writing in advance of Contractor's commencement of the Extra Work.

1.02. Compensation. The total amount to be paid under this Contract for all of the work set forth in Section 1.01 above shall not exceed $34,909.00 as detailed in Exhibit B attached hereto and incorporated herein by this reference. This price includes all costs for labor, materials, tools, equipment, services, warranty, taxes, insurance, overhead, profit and all other I
145
costs necessary to perform the work in accordance with this Contract. The cost or compensation for any Extra Work shall be mutually agreed upon by the parties in writing.

1.03. Billing. Compensation shall be paid to Contractor in three equal payments: 1/2 upon approval and execution of this Contract; and 1/2 upon completion (fully operational) by Contractor and acceptance by City. Contractor shall provide City with an invoice upon completion of each milestone. City shall pay Contractor within thirty (30) days of receipt and approval of the invoice by City staff.

1.04. Time for Performance. Time is of the essence in the performance of services under this Contract. After the Contract has been executed by City, Contractor shall begin work after the effective date of the Notice to Proceed issued by City and shall diligently and timely manner prosecute the work from the effective date of the Notice to Proceed. All work under this Contract shall be completed before the expiration of one hundred twenty (120) business days from the commencement date specified in the Notice to Proceed. The failure by Contractor to perform the services in a diligent and timely manner shall constitute a material breach of this Contract and may result in termination of this Contract by City.

2. GENERAL WORK REQUIREMENTS

2.01. Standards. Contractor agrees that all Services shall be performed in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and warrants that it, its employees and subcontractors shall have sufficient skill and experience to perform the Services and that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained in good standing throughout the term of this Contract.

2.02. Public Convenience. Contractor shall so conduct its operations as to offer the least possible obstruction and inconvenience to the public and to owners of abutting property.

2.04. Sound Control Requirements. Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Unless otherwise provided in writing, work shall be limited to Monday through Friday from 8:00 a.m. to 5:00 p.m.

2.06. Safety Requirements. Contractor shall comply with all safety requirements prescribed by applicable federal, state and local laws and regulations to ensure the safety and health of those working and the local community. Contractor shall assume all responsibility for public safety during the course of the work and all such costs shall be included in the Contract 2 146
price. Whenever Contractor's operations create a condition hazardous to traffic or to the public, it shall furnish, erect and maintain, at its expense, such fences, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public.

3. CONTRACTOR'S RESPONSIBILITIES

3.03. Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City.

A. Certificates of" Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City Attorney prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Contract.

B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.

D. Coverage Requirements.
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i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($2,000,000) per occurrence, two million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Contractor's general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. 111. Automobile Liability Coverage. Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident. If Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.

E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor.
ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirect! y from the Contractor's operations or services provided to City. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder.
111. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.
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vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non-payment of premium) written notice has been received by City.

CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY

THE CONTRACTORS' STATE LICENSE BOARD WHICH HAS JURISDICTION TO

INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT

REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN I 0 YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY QUESTIONS

CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS' STATE LICENSE BOARD, P.O. BOX 26000, SACRAMENTO, CALIFORNIA 95826.

3.06. Labor Code Requirements. Attention is directed to the following requirements of the Labor Code:
a. Labor Non-Discrimination. Contractor shall comply with Section 1735 of the Labor Code which provides Contractor shall not discriminate against any employee who is employed on the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status or sex of such 5 149
persons, except as provided in Section 12940 of the Government Code. b. Prevailing Wages. Contractor shall comply with California Labor Code Sections 1770 to 1780, inclusive.
c. Payroll Records. Contractor's attention is directed to the following provisions of Labor Code Section 1776. Contractor shall be responsible for the compliance with these provisions by his subcontractors. Contractor and each subcontractor shall preserve their payroll records for a period of three (3) years from the date of completion of the Contract. d. Workers' Compensation. Pursuant to the requirements of Section 1860 of the California Labor Code, Contractor will be required to secure the payment of workers' compensation to his employees in accordance with the provisions of Section 3700 of the Labor code. By signing this Contract, Contractor certifies the following:
"I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.''

Contractor warrants and guarantees for one (1) year from and after the date the City accepts the Work that the materials and labor necessary for the Work shall operate as provided for in the Scope of Work. During the term of this warranty, Contractor shall, without delay, provide all materials, parts and labor, at its own expense, which are necessary to repair and/or correct any and all defects, installation or operational failures in the equipment from any cause so that said Work will function successfully as originally contemplated. Notwithstanding the foregoing, Contractor shall not be required to bear the expense of correction of any failure in the equipment that is caused by the sole or active negligence or willful misconduct of the City.

Should Contractor fail to act promptly or in accordance with this requirement, or should the situation require that repairs or replacements be made before Contractor can be notified, the City may, at its option, make the necessary repairs or replacements or perform the necessary work and Contractor shall pay to the City the actual cost of such repairs. Contractor shall also pay to the City and attorneys' fees incurred to enforce this guaranty. This warranty by the Contract is in addition to any warranties or guarantees required or provided by the manufacturer or supplier.

3.08. Independent Contractor Status. Contractor shall independently perform all work under this Contract and shall not be considered an agent or employee of City; nor shall Contractor's subcontractors or employees be considered as subagents of the Owner.

3.09. Hazardous Chemicals and Wastes. Should any release, discharge, leakage, spillage, emission or pollution of any hazardous chemicals or wastes occur due to Contractor's 6 150
work, then Contractor at its sole cost shall clean all affected property to the satisfaction of City and any governmental body with jurisdiction. Contractor shall immediately report any such release to the Director of Public Works. If the performance of the work outlined by these Contract Documents creates any hazardous wastes, Contractor shall properly dispose of such wastes in full accordance with federal, state and local laws, at its expense.

3.11. Non-collusion Declaration. By executing this Contract, Contractor declares that only persons or parties interested in this Contract are those named in Contractor's Proposal and that such proposal was not made in the interest of or on behalf of any undisclosed person, firm or organization; that the proposal was genuine and not collusive or sham; that the signatory to this Contract has not directly or indirectly induced or solicited others to put in a sham proposal, or to refrain from proposing; and that the signatory to this Contract has not in an manner sought by collusion to secure for itself an advantage over other potential proposers. 3 .12. Conflicts of Interest. Contractor covenants and declares that other than this Contract, it has no holdings or interests within the City or business holdings or agreements with any official, employee or representative of City and shall disclose any such holdings or interests to City in writing.

3.13. Discrimination Prohibited. Contractor covenants and agrees that in performing the services required under this Contract, Contractor shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, national origin, ancestry, age or disability.

4. GENERAL PROVISIONS

Accordingly, the parties agree that the amount herein set forth is a reasonable estimate of the damages which the City shall incur upon failure of the Contractor to complete the Work within the Contract Time: Two Hundred Dollars per dav ($200/Day), for each calendar day by which completion of the Work is delayed beyond the Contract Time. Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any monies due or that may become due to the Contractor under the Contract.
7 151

4.3 Utility Facilities. Attention is directed to the possible existence of underground facilities not known to the City, or in a location different from that which is shown on the plans or in the Special Conditions. The Contractor shall take all steps reasonably necessary to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities or interfere with their service, including but not limited to calling USA utility locator service to mark utilities and performing potholing when necessary.

The Contractor shall protect from damage any utility facilities that are to remain in place, be installed, relocated or otherwise rearranged. If Contractor while performing the Work discovers utility facilities not identified in the Contract Documents, Contractor shall immediately notify the City and the utility provider. City shall arrange the removal, relocation, or protection of existing main or trunk line utility facilities located at the site of the Work but not identified in the Contract.

Contractor will not be entitled to damages or payment for delays caused solely by the failure of City, or the utility provider, to provide for removal or relocation of existing main or trunk line utility facilities not identified in the Contract Documents, except for equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay in completing the Work solely attributable to the failure of City, or the owner of the utility, to provide for removal or relocation of existing main or trunk line utility facilities not indicated in the Contract Documents with reasonable accuracy.

4.4. Controlling Law and Venue. City and Contractor agree that the law governing this Contract shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of or otherwise relating to this Contract shall be filed and maintained in the County of Merced.

4.5. Assignment and Subcontracting. Neither this Contract nor any interest herein nor any claim hereunder may be assigned or subcontracted by Contractor either voluntarily or by operation of law, without the prior written consent of City. No such consent shall relieve Contractor of its obligations to comply fully with the requirements of this Contract.

4.6. Records. Contractor will permit City to audit, examine, and make copies of all contracts, invoices, materials, payroll records of personnel, conditions of employment and or data relating to all matters covered by this Contract. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Contract.
8 152

4.7. Waiver. Failure of City to insist upon strict performance of any of the terms and conditions hereof, or failure or delay to exercise any rights or remedies or to properly notify Contractor in the event of breach, or the acceptance of or payment for any good hereunder, shall not release Contractor of any of the warranties or obligations of this Contract and shall not be deemed a waiver of any right of City to insist upon strict performance hereof.

4.8. Notices. Any notices required to be given pursuant to this Contract shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:

To City:

To Contractor:

City of Los Banos
520 J Street
Los Banos, California 93635
Attn: Joe Heim
Ad Art Sign Company
150 Executive Park Blvd., Suite 2100
San Francisco, CA 94134
Nothing hereinabove shall prevent either City or Contractor from personally delivering any such notices to the other.

4.9. No Personal Liability. No member, official or employee of City shall be personally liable to Contractor or any successor in interest in the event of any default or breach by City or for any amount which may become due to Contractor or successor on any obligation under this Contract.

4.10. Entire Agreement. This Contract contains the entire agreement of the parties with respect to the subject matter of this Contract. Any modifications to this Contract shall be in writing.

4.11. Authority to Contract. Contractor covenants and declares that it has obtained all necessary approvals to bind Contractor to this Contract and that the representative signing the Contract is authorized to do so.

4.12. Integration. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein.

4.13. Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.

4.14. Severability. If any part of this Contract is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but 9 153
the remainder of the Contract shall continue to be in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Contract on the dates set forth below.

Date: _____ _, 2023
Date: _____ _, 2023
ATTEST:

CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:

William A. Vaughn
City Attorney

AD ART SIGN COMPANY
by:

CITY OF LOS BANOS, a California
municipal corporation
by: Josh Pinheiro, City Manager
154

EXIDBIT A

SCOPE OF WORK

1. Remove and discard two (2) EMC displays on existing D/F pylon.

2. Manufacture and install two (2) new EMC displays onto existing D/F pylon, as shown.

3. EMC Displays to meet or exceed the following specifications: 6mm Outdoor Full Color LED VO; Size: 5.51' x 2.36'; Pixel Matrix: 280x120px.

4. To work with the City to ensure workmanship and operation of EMC Displays and provide training to staff for operation of the Displays. Provide all necessary documentation for Display operation and maintenance.

5. To ensure that all labor, hardware, software, parts and other necessities to complete this project are included.

6. Acquire all necessary Building Permits from the appropriate City Departments. Schedule the necessary inspections with the appropriate City Departments and insure improvements are ready for the inspections.
11 155
Price of Display(s)
Sales Tax
Total Cost
$32,580.00
$ 2.329.00
$34,909.00
EXIIlBITB
COST
NOTE: includes all materials and installation, excludes cost of any local permitting or licenses which shall be the responsibility of City.
12 THIS PAGE IS INTENTIONALLY LEFT BLANK
156
157
[JIADART
150 Executive Park Blvd I SUite 2100 I San Francisco, CA I 94134 f SOo-675-6353 DISPLAY SALES AND SECURITY AGREEMENT Job#
Salesman: Michael McClure Telephone No: (415) 869-6471 Date: 4/10/2023 THIS AGREEMENT is made between AD ART SIGN COMPANY; 150 Executive Park Blvd., Suite 2100, San Francisco, CA 94134 herein called Seller, and Buyer: City of Los Banos Job Name: Los Banos Community Center 520 J Street Los Banos, CA, 93635 Location: 646 7th Street Street City State Zip Code City, State: _L_os_ B_a_n_os, _ C_A_9_3_635 _____ _ Contact: Joe Helm
SELLER AND BUYER AGREE AS FOLLOWS: Phone: (209) 827-7000

1. DISPLAY: Seller shall. to Buyer's special order and specifically for Buyer's use, construct tor and sell to Buye ... r a __ n __ d_B_uye __ r '""sh"'"al""I ________ _ purchase from Seller, the advertising Display, herein called Display In accordance with terms and specifications of this agreement.

Installation of display Is Included in the terms of this Agreement unless noted otherwise.

2. PRICE AND TERMS: Fifty percent due with order, balance due upon completion of work.

Price of Display(s)
Sales Tax
Total Cost
Less Down Payment
Balance Payable
$32,580.00
$ 2,329.00
$34,909.00
$17,454.50
$ 17,454.50
NOTE: PRICE OF DISPLAY IS PLUS

COST OF PERMITS, LICENSES, OR
VARIANCE AS PER ITEM 12 IN THE TERMS
AND CONDITIONS ON REVERSE SIDE.

All money due to Seller shall be due and payable at the office of the Seller, or at such other location the Seller may from time to time designate.

3. SPECIFICATIONS: Total number of displa s
ALL
Replace electronic display portion of existing double face EMC pylon sign at Los Banos Community Center. n case o vanance e ween e a ove spec ca ons an approv es n, e approve es1gn s preva, .

4. SERVICE AND FEED WIRES: If lnstallaUon of Display In Included in the tenns of this Agreement, Buyer shall provlde properly switched wiring of suitable capacity and approved type to location of Display in advance of Installation date, and make connection thereof to Display.

5. DEFAULT: In the event of default by Buyer, the unpaid payments to the end of the Agreement shall without notice or demand, be at once precipitated and accelerated and become due and payable to Seller in accordance with Paragraph 15 on the reverse side hereof. In addition, Seller may remove Display In accordance with Paragraph 15 on the reverse side hereof and Buyer expressly waives any and all rights to notice of hearing prior thereto, whether such removal shall be effected by Seller, its agents or representatives or pursuant to legal process.

6. ACCEPTANCE OF AGREEMENT: This Agreement shall not be considered as executed until signed by or on behalf of Buyer arid approved by an executive officer of Seller and signed by him in Seller's behalf. This Agreement, Including Paragraphs 7 through 23 appearing on the beck of this page, constitutes the entire understanding between the parties. No modification of the Agreement shall be binding on Seller Ll'lless approved In writing by an executive officer of Seller. II Is hereby further declared, agreed, and understood that there are no prior writing, verbal negotiations, understanding , representations, or agreements between the parties not herein expressed.

SEE REVERSE SIDE FOR TERMS AND CONDITIONS WHICH ARE PART OF THIS AGREEMENT SELLER: AD ART, INC.

SALESMAN: M£dt.or..ell'B. McClure,, BUYER: City of Los Banos ---------------------- ACCEPTED: AD ART, INC. BY: ---------------------- BY: TI Tl. E: DATE: ""EX""'E""c .. U""'T"'"iVE""'"'OF"""' F""IC""E""' R _______ Da_ te_ of.,..Acee ,---ptance -- -------------- ------- GUARANTEE: For value received, I or we the under&lgned, jointly and severally, hereby absolutely and unconditionally guarantee prompt payment by Buyer of all monies due and payable under the foregoing Display Sale and Security Agreement, at the dates and for the purpose therein stated, and the performance of all other underlakings by Buyer as therein provided, Including reasonable attorney's fees. A8 Guarantor(s) H ts understood that the obligations herein provided shall be binding upon and enforceable against Iha hairs, assigns, success0111, and personal representatives of each of the undersigned. Each undersigned agrees that no notice of acceptance by Seller at the Guarantee shaU be required of Seller. waives notice of any default, end consenls ID any changes or modifications hereafter made by Seller and Buyer.

Date:_____ By: ____________ Date:_____ By: ________ _
Contractors are required by law to be licensed and regulatad by the Contractors' State license Board. Any questions concerning a contractor may be referred to the registrar of the Board whose addrese Is: Contractoni· State llcanse Board: 1020 N Street, Sacranento CA. 95814 AD ART CALIFORNIA CONTRACTOR LICENSE t826D51-C45 AD ART NEVADA CONTRACTOR LICENSE #0057343 C-6

THIS PAGE IS INTENTIONALLY LEFT BLANK
158
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162
ITEM 7I
163
LOsBanos
At the Crossroads of C:alif ornia
Agenda Staff Report
TO: Mayor and City Council Members
FROM: Soknirorn Than, P.E., Public Works Director/City Engineer 5)-~} [_ DATE: May 17, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Entering into a Professional Services Agreement with Carollo Engineers, Inc. for Storm Drain System Master Plan Update and ThreeYear Program Support Recommendation:

That the City Council adopt the Resolution entering into a Professional Services Agreement with Carollo Engineers, Inc. (Carollo) to update the City's Storm Drain System Master Plan in the amount of $215,600. The Professional Service Agreement also includes three-year support starting July 1, 2024 with an additional amount not-to-exceed of $85,700 for the full term.

Background:

The current Storm Drain System Master Plan was completed in September 2008 and amended in March 2010 by Carollo. The master plan serves as a roadmap for the City to manage and improve its infrastructure to provide flood protection for the City, its businesses and its property owners. The study provides the basis for recommendations on the City's flood management policy, land use planning, new development design standards, and coordination with other City infrastructure management initiatives.

The Storm Drain Master Plan is a comprehensive document that outlines the City stormwater management system and provide guidance for the design, construction, operation, and maintenance of stormwater infrastructure, including storm drains, catch basins, retention ponds, and other related facilities. The Storm Drain Master Plan typically includes an inventory and assessment of existing stormwater facilities, an analysis of current and future drainage needs, and recommendations for improvements to the stormwater system.
164
The plan is often developed by a team of engineers, planners, and other experts in stormwater management, in collaboration with community stakeholders.

The benefits of having a Storm Drain Master Plan include:
• Improved stormwater management: The plan provides a systematic approach to managing stormwater, which can help to reduce flooding, erosion, and other related issues. Secondly, the plan can provide a roadmap in developing a groundwater recharge program in compliance with SGMA.
• Cost savings: By identifying areas that are prone to flooding or erosion, the plan can help to prioritize infrastructure improvements and capital financing. • Environmental protection: Proper management of stormwater can help to protect water quality, reduce erosion, and protect wildlife habitats. • Improved communication: The Storm Drain Master Plan can serve as a tool for communication between the community, its leaders, and its stakeholders. It can help to build consensus around stormwater management strategies and ensure that everyone is on the same page regarding priorities and goals.

In California, the frequency of updates to a Storm Drain Master Plan can vary depending on the local jurisdiction and other factors. However, many municipalities and agencies in update their Storm Drain Master Plans every five years, as this interval is often considered a reasonable timeframe for monitoring and evaluating the performance of the stormwater management system and identifying any needed updates or improvements.

The frequency of updates may also depend on other factors, such as changes in regulations, funding availability, or changes in land use. Since the General Plan has recently been adopted in 2022, this is a major milestone and a trigger to update the Storm Drain Master Plan.

Discussion:

On January 11, 2023, the City released a Request for Proposals soliciting the services of a qualified consultant to update the City's Storm Drain System Master Plan. The submission deadline was March 16, 2023 and the City received two proposals:

1. Carollo Engineering, Inc

2. Wood Rodgers, Inc.

A selection committee reviewed the proposals and ranked Carollo as the most qualified consultant to provide the requested services. After cost negotiations, the committee recommended that the City enter into a Professional Services Agreement with Carollo to update the Storm Drain System Master Plan.

If approved, Carollo will begin the process of preparing the Storm Drain System update upon notice to proceed. It is anticipated that the update will be completed in approximately twelve (12) months once the project is initiated. The plan preparation process will include:
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• Complete review of City related documents and policies • Site visits and data collection to assess the existing Storm Drain System and develop the plan
• Develop a Hydraulic Model and evaluate stormwater capacity and identify deficiencies
o Identification of existing and future basins that can serve both retention and percolation.
• Develop a GIS Inventory and update AutoCAD Basemap of the City's storm drain assets
• Identify Improvement Projects and funding sources and include short- and longterm funding options This project will also include a comprehensive stakeholder meetings. The Project kickoff meeting and progress meetings held between City and Carollo staff will serve as the primary functional element to review the progress of the project, identify the various issues that need to be addressed, develop a consensus on the proposed response, and provide an opportunity to coordinate these efforts. In addition, stakeholder meetings will be conducted by Carollo in coordination with the City to involve key stakeholders identified by the City and will be an important element in conveying project recommendations and gaining buy-in on the project components.

Once completed, the Storm Drain System Master Plan Update will serve as a guide for the next 20 years and will outline and prioritize maintenance and capital needs, as well as propose long-term sustainable funding mechanisms. Once the draft is complete, City staff will return to City Council for review and approval of the document.

Fiscal Impact:

Sufficient funds have been budgeted in the Fiscal Year 2022-2023 Budget Account 502- 432-100-231($35,000), Wastewater Collections Professional Services to get the project started. City staff will budget for the remaining cost in Fiscal Year 2023-2024 ($180,600), and subsequently will budget for the annual support in Fiscal Year 2024-2025 through Fiscal Year 2026-2027 ($85,700).

Reviewed by:
.1Y< (~{~4
Josv 1nheiro, City Manager
Attachments:

Resolution
Brent Kuhn, Interim Finance Director
PSA with Exhibit A - Proposal, and Exhibit 8 - Schedule of Fees

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RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AUTHORIZING THE CITY

MANAGER TO EXECUTE A PROFESSIONAL

SERVICES AGREEMENT BETWEEN THE CITY

OF LOS BANOS AND CAROLLO ENGINEERS,
INC. TO UPDATE THE STORM DRAIN SYSTEMS
MASTER PLAN.

WHEREAS, on March 16, 2023 the City of Los Banos received proposals for consultant services to update the Storm Drain Systems Master Plan; and WHEREAS, the selection committee reviewed the proposals and concluded that Carollo Engineers, Inc. was the most-qualified firm to provide the requested services; and
WHEREAS, the City Attorney has prepared the Professional Services Agreement between the City of Los Banos and Carollo Engineers, Inc. for said services; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the City Manager to execute the Professional Services Agreement with Carollo Engineers, Inc. to update the Storm Drain Systems Master Plan in the amount of $301,300.00.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of May 2023, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member --- and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
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PROFESSIONAL SERVICES AGREEMENT

FOR STORM DRAIN SYSTEM MASTER PLAN UPDATE

CAROLLO ENGINEERS, INC
THIS AGREEMENT is made and entered into this __ day of ___ 2023, by and between the City of Los Banos, a municipal Corporation (herein referred to as "City") and Carollo Engineers, Inc. (herein referred to as "Consultant").

RECITALS
A. WHEREAS, City is in need of Professional Services as described herein below; B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code, Section 3 7103, and holds all necessary licenses to practice and perform the services herein contemplated; C. WHEREAS, City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement;
D. WHEREAS, City and Consultant desire to contract for the specific services described below and desire to set forth their rights, duties and liabilities in the services to be performed; and
E. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the.parties hereby agree as follows:

1. Term. The term of this Agreement shall commence upon execution of this Agreement and City's issuance to Consultant a notice to proceed for all or a portion of the work and shall terminate upon City's acceptance and payment for all or such portion of the work as was authorized by such notice, unless terminated earlier as set forth herein.

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2.1. Notwithstanding services described above, the City may request and Consultant may agree to perform other services. The scope of such services and compensation sha11 be agreed to in writing, signed by both parties and shall become a part of this Agreement.

2.3. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

3. Time of Performance. Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City.

3.1. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed.

4. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit B attached hereto and made a part of this Agreement (the "Fee Schedule").

Consultant's compensation shall in no case exceed $301,300.00.

4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and the specific Task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. City shall pay Consultant no later than thirty (30) days after receipt of the monthly invoice by the City.

4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and in accordance with Schedule of Charges set forth in the Proposal attached hereto as Exhibit B and incorporated herein by reference.

4.3 Consultant shall not receive any compensation for Additional Work without the prior written authorization of City. As used herein, "Additional Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would WA V0l.09.2023 2
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be necessary at the execution of this Agreement. Compensation for any authorized Additional Work shall be billed in accordance with the Billing Rates as set forth in Exhibit B and on the terms set forth in this Article 4.

6. Proiect Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term.

7. Indemnification. 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, 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.

7.1. 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.

8. Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City.

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B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.

D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Consultant's general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 IO to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. m. Automobile Liability Coverage. Consultant shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident. If Consultant owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and not less than two million dollars ($2,000,000) in the annual aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. The cost of such insurance shall be included in Consultant's bid.

E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:

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i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant.
ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder.
m. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non-payment of premium) written notice has been received by City.

8.1. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

8.2 Consultant shall not allow any subcontractors or sub consultants 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 sub consultants 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 sub consultants.

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10. Independent Contractor. It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services.

10.1. The Consultant shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement and shall be responsible for the payment of Federal and State Employer Withholding Taxes, Unemployment Insurance Taxes, FICA Taxes, Retirement, Life and/or Medical Insurance, and Worker's Compensation Insurance for the employees of the Consultant or any other person performing services under this Agreement.

Consultant and its employees are not entitled to the rights or benefits afforded to City's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Consultant agrees to indemnify and hold City harmless from any claims, costs, losses, fees, penalties, interest, or damages suffered by City as a result of any claim by any person or entity contrary to the provisions of this Section 10.

11. Subcontracting. Nothing contained in this contract or otherwise, shall create any contractual relation between the City and any sub consultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to the City for the acts and omissions of its sub consultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant's obligation to pay its sub consultant(s) is an independent obligation from the City's obligation to make payments to the Consultant.

11.1. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by the City's Contract Administrator.

11.2. Consultant shall pay its sub consultants within ten (10) calendar days from receipt of each payment made to Consultant by the City.

11.3. All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this Agreement to be applicable to sub consultants.

11.4. Any substitution of sub consultant(s) must be approved in writing by City's Contract Administrator prior to the start of work by the sub consultant(s).

12. Ownership of Documents. All documents, information and materials of any and every type furnished or prepared by the Consultant or any of its subcontractors pursuant to WA VOI.09.2023 6
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and in the course of performance of this Agreement shall be and remain the sole and exclusive property of the City. Such documents, information and materials shall include but not be limited to all findings, reports, plans, specifications, studies, drawings, estimates, documents, information and data including, but not limited to, electronic media, computer tapes or discs, files, and tapes furnished or prepared or accumulated by the Consultant in performing work under this Agreement, whether completed or in process. City shall have the sole right to use such documents, materials and information in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such documents, materials and information to City upon prior written request.

12.1. All Documents shall be considered works made for hire and all Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the City without restriction or limitation upon their use, duplication or dissemination by the City.

Consultant shall not obtain or attempt to obtain copyright protection as to any Documents.

12.2. Nothing herein shall constitute or be construed to be any representation by Consultant that the work product is suitable in any way for any other project except the one detailed in this Agreement. Any reuse by City for another project or project location shall be at City's sole risk.

13. Confidentialitv. All City information disclosed to Consultant during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by City, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law. All documents, including drafts, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law.

14. Access to Records. Consultant shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Consultant's usual and customary business hours. Consultant shall provide proper facilities to City's representative(s) for access and inspection. Consultant shall be entitled to reasonable compensation for time and expenses relate to such access and inspection activities, which shall be considered to be an additional service to the City, subject to the provisions of Section 4 hereinabove.

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15.1. If subject to the Act, Consultant shall conform to a11 requirements of the Act.

Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section.

16. Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense.

17. Compliance with Laws. Rules, Regulations. Consultant shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.

18. Integration; Amendment. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing sign by both parties.

City's city manager, or designee, may execute any such amendment on behalf of City.

19. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.

20. WaiverNalidity. Consultant agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this Agreement. The acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement.

21. Jurisdiction. City and Consultant agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising WA VOl.09.2023 8
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out of the performance of this Agreement shall be filed and maintained in the County of Merced.

22. Notice. Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:

To City:

Nirorn Than, P.E.

Public Works Director/City Engineer
411 Madison A venue
Los Banos, California 93635
To Consultant:

Carollo Engineers, Inc.
1401 Fulton Street, Suite 802
Fresno, California 93721
Nothing hereinabove shall prevent either City or Consultant from personally delivering any such notices to the other.

23. Termination. City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving written notice of such termination to Consultant.

In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. In the event of such termination, Consultant shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.

24. Corrective Measures. Consultant will promptly implement any corrective measures required by City regarding the requirements and obligations of this Agreement.

Consultant will be given a reasonable amount of time as determined by the City to implement said corrective measures. Failure of Consultant to implement required corrective measures shall result in immediate termination of this Agreement.

25. Corrections. In addition to the above indemnification obligations, the Consultant shall correct, at its expense, all errors in the work which may be disclosed during the City's review of the Consultant's report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the City, and the cost thereof shall be charged to the Consultant. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below.

Date: ______ , 202_
Date: _____ _, 202
ATTEST:

CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:

William A. Vaughn
City Attorney
WA V0J.09.2023
Carollo Engineers, Inc.
by:

CITY OF LOS BANOS, a California
municipal corporation
by:

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EXHIBIT A - SCOPE OF SERVICES

SCOPE OF SERVICES
Task 1: Project Kickoff and Work Plan
To kick of the project, the selected team shall meet with the City to develop a final work plan and budget based on this RFP and the winning proposal. At a minimum, the following elements shall be included:
• Refined scope of work with detailed tasks and objectives. • Detailed schedule identifying key milestones and deliverables. • Public engagement plan, which includes a defined strategy to coordinate with other efforts that are underway in the City.
• Staffing plan which identifies consultant and City staff roles.

Task 2: City Policy and Document Review
Review plans, policies, projects, and data from existing resources that can be utilized in the update of the Storm Drain Master Plan. Documents will include, but are not limited to:
• General Plan Update 2042
• General Plan EIR
• Master Plan for Storm Drainage System Amended March 2010 • Groundwater Sustainable Plan (GSP)
Task 3: Data Collection and Analysis
Locate storm drain infrastructure elements, including pipes, inlets, manholes, open channels, creeks, trash capture devices, easements and watershed areas with GPS and map system on GIS; survey and assess conditions of storm drain infrastructure ( with possible need for televising pipes) and determine capacities of existing storm drain facilities; include identification of isolated flooding locations, and determination of capacity needs or engineered solutions; develop a new hydraulic modeling.

Conduct the necessary site visits and provide the data collection needs to develop the Plan. The development of the Storm Drain Master Plan will require the Consultant to develop a thorough understanding of the storm water system, including the operation and maintenance practices of the stormwater system. The Consultant shall review and evaluate City information and available data.

The Consultant shall review the adopted GSP and develop short- and long-term improvement projects to capture and recharge the groundwater aquifer within the City GSA boundaries. The Consultant shall provide inputs on strategies for the City to meet the Groundwater Sustainable Yield as stated in the GSP. The Consultant shall assist the City in developing reporting criteria and model to report stormwater captured and recharged in accordance with the GSP.

Based on the findings, the assessment shall recommend improvements as part of the short- and long-term maintenance plan.

Task 3.1: Hydraulic Model
Develop a hydraulic model of the City's stormwater system to evaluate the storm water capacity and identify deficiencies. The Consultant shall provide a recommendation on a hydraulic model for the City and develop that model. The model shall estimate direct runoff and peak storm water 180
flow rates and volumes from precipitation data. The model shall assess current and future stormwater capacities.

Task 3.2: Develop a GIS Inventory and Update AutoCAD Basemap Provide a complete inventory of the City's storm drainage assets. The Consultant shall conduct a GIS inventory of the City's storm drain assets and update the existing database. However, the information on the storm drain system is not complete (see Appendix A for existing AutoCAD Basemap ). The consultant shall update the database and address these information gaps by reviewing record drawings and other City information. Upon completion of the GIS inventory update, the Consultant shall update the AutoCAD Basemap. • Appendix A-Existing AutoCAD Basemap link: https://losbanos.org/wpcontent/uploads/2023/01/Appendix-A-AutoCAD-Strm-Final.pdf Task 3.3: Identify Improvement Projects and Funding Sources Identify improvements necessary to address existing system deficiencies as well as new facilities required for providing continued reliable service through a twenty (20) year horizon. Provide phasing of short-and long-term improvements, capital cost requirements, cost estimates which incorporate the CPI, and implementation · schedule. The proposed improvements should be categorized as high, medium, and low need based on the extent and nature of the problem identified along with potential impacts of not addressing (i.e. damage from flooding and sink holes) as well as include a priority ranking factor based on whether the improvements require roadway pavement excavation in a street identified to be repaved. The timeline for CIP planning will be determined upon completion of the identification of needed improvements but is anticipated to be a priority five-year schedule, followed by year 5 - 10 completion of all other nonminor improvements.

Complete a preliminary cost estimate for each project, and present cumulative costs for each CIP year and overall program.

Task 3.4: Identify Short- and Long-Term Funding Options Identify short- and long-term funding options for the storm drain CIP projects and on-going maintenance. Provide a detailed review of what other model California cities are doing to fund their systems, and recommend a series of funding strategies for the City to consider.

Task 4: Program Support (3- Year Period)
Assistance with grant applications to get funding for storm drain projects. Update GIS and AutoCAD maps based on completed improvements to the storm sewer system either by developers or as part of the Capital Improvement Project.

Task 5: Review City's Design Standards
Review City's design standards for public and private projects and update the element pertaining to storm water infrastructure.
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Organization and Approach
182
--~
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ORGANIZATION APPROACH -~
·..:.---::=-~
Organization and Approach
Carollo will provide a comprehensive master plan update tailored to your needs and performed by a team with a
proven record in delivering technically sound and
defensible planning documents.
············································································································ Seasoned Planning Experts
Project Manager Ryan Orgill will lead our team.

He has over 17 years of master planning
experience and is Carollo's company-wide
Infrastructure System Modeling Lead. In
addition, our Technical Advisor, Tim Loper, is
Carollo's Chief of Planning Services and brings
a 20-year career focused almost exclusively on
infrastructure master planning to your project.

In the past 15 years, Ryan and Tim have completed
over 50 infrastructure master planning projects,
including their work on the City's Master Plan for
Storm Drainage System (Amended March 2010),
Wastewater Collection System Master Plan, and
Water Distribution System Master Plan, as well as
projects for the cities of Galt, Tulare, and Turlock.

Ryan will work hand in hand with Principal-in-Charge
Jennifer Pratt. She has 20 years of experience
in water resources engineering. Jennifer knows
how to lead multi-disciplined teams to deliver
projects like yours cost-effectively and on time.

Seema Chavan, our funding lead, has extensive
knowledge of funding and grant opportunities,
which she will leverage to identify options for
your storm drain CIP projects as she has done
for the cities of Modesto, Salinas, and Turlock.

Our team is further staffed by subject matter experts
to execute all the critical elements of your project.

They will contribute their expertise in modeling, GIS,
stormwater programs, and future storm planning.

As a group, these professionals represent our
best-qualified team to successfully meet the
objectives of your Storm Drain System Master
Plan Update. The following pages present brief
qualifications of our team members. The Appendix
includes more detailed resumes, expanding on
the experience and qualifications of our team.
tosBanos

PRINCIPAL-IN-CHARGE
Jennifer Pratt, PEf
<1 120

FUNDING
Seema Chavan, PEf
20 130

PROJECT MANAGER
Ryan Orgill, PE f
17 117
Kevin Christensen, PE
8 110
Years of Carollo experience
Years of Overall experience

TECHNICAL ADVISOR
Tim Loper, PEf
19 120

MODELING
Mike Wetterau, PE
7 18

STORMWATER PROGRAMS EVALUATION OF FUTURE

DESIGN STORMS
~ Our key team
T members are
committed for
the duration of
the project
Elisa Garvey, PE
20 130 Sarah Deslauriers, PE, ENV SP
17 123
CAROLLO• / PROPOSAL / MARCH 2023
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5 183- =-=?:===-
-~~ ORGANIZATION AND ROACH - -:;:'.

PROJECT APPROACH
Understanding
The City of Los Banos collects and disposes
of stormwater runoff generated within the City
service area. The storm drainage collection system
consists of over 79 miles of drainage lines and
19 pump stations. The collection system consists
of pipes varying in diameter from 6 to 66 inches,
and ultimately discharges the runoff into either
Grassland Water District (GWD) or Central California
Irrigation District (CCID) canals. The majority
of stormwater runoff is captured in detention
basins first and then discharged to the canals.

In 2008, Carollo developed the City's current
Master Plan for Storm Drainage System (Amended
March 2010) (2010 Plan). As part of the 2010 Plan,
Carollo developed the City's hydrologic/hydraulic
model, which was used to identify capacity
upgrades required to convey existing and future
stormwater runoff within the City's service area.

The 2010 Plan identified improvements necessary
to implement the disposal plan recommended
in the City's 2001 Master Storm Drainage Plan
Phase I Storm Drainage Disposal (Phase I
Plan). The 2010 Plan established a total of $196
million of recommended capacity improvements
over the 20-year planning period and an
additional nearly $32 million of improvements
beyond the 20-year planning period.

City Objectives
The City would like to update the 2010 Plan to
reflect current conditions and capital improvement
plan (CIP) projects completed since the
implementation of the 2010 Plan and to develop
an updated CIP with an analysis of available
funding opportunities for future drainage
projects. The CIP must be defensible to
the City Council and coordinated with the
City's financial planning stakeholders.

This Storm Drain System Master Plan Update
(2023 Master Plan Update) will serve as a
strategic planning guide for maintaining,
improving, and expanding the City's storm
drainage system. In addition, it will provide
the basis for recommendations on the City's
flood management policy, land use planning,
development design standards, and will
coordinate with other City infrastructure
management initiatives, including projects to
capture and recharge the groundwater aquifer.

The 2023 Master Plan Update will include
updated GIS mapping and a hydrologic and
hydraulic model update to establish current
performance and to plan future system
improvements. Alternatives will be aimed at
mitigating potential flooding and providing direction
to the development community in the planning and
design of future drainage facilities to serve growth.

Project Challenges
Achieving these objectives will require the project
team to overcome a series of project challenges

1. Coordinating the project elements and
identifying parallel work paths required to
deliver the 2023 Master Plan Update. This
includes coordination with the anticipated
updates to the Water and Sewer Master Plans.

2. Developing a hydrologic/hydraulic model
to provide accurate and defensible
improvement recommendations.

3. Identifying and evaluating potential funding
sources for implementing CIP projects and
providing an overview of City cost-share
requirements for the City to consider.

4. Conveying the project recommendations to
the City and stakeholders effectively.

Meeting these challenges will require a qualified
team of planning experts with knowledge of the
technical and strategic elements of stormwater
planning. Our depth of available resources and our
project approach will result in a comprehensive
master plan that will give the City complete
confidence in the planning of its storm drain system.

The Carollo team will thoroughly assess the City's
storm drainage system under a specific set of
scenarios to identify expansion and rehabilitation
needs and prepare a clear and defensible
CIP. Our approach to meeting the identified
challenges is summarized in the following pages.

CAROLLO• / PROPOSAL / MARCH 2023
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9 184

ORGANIZATION AND OACH
CHALLENGE 1:

Coordinating the project elements and identifying parallel work paths required to deliver the 2023 Master Plan Update. This includes coordination with the anticipated updates to the Water and Sewer Master Plans.

OUR APPROACH: The primary elements of the scope for the Storm Drain System Master Plan Update include meetings, data collection, field investigation and condition assessment, model analysis, CIP development, funding source analysis. and master plan report preparation.

Carollo will develop a detailed and robust work flow that establishes tasks and relationships up front to avoid delays in the development of project deliverables and to serve as a roadmap for collaboration with the City and its stakeholders.

Master Plan Update Work Flow Plan -------- Data
Collection
Field Investigation
Condition Assessment
H&H Modeling/
Evaluation CIP
Kickoff
I
Storm Drain Infrastructure
Assessment
Survey/Mapping
25% Submittal
Data Review and Condition
Assessment TM
Model Selection
Initial Storm Drain
System Modeling
Storm Drain System
Alternatives ID and
Preliminary Costs
Storm Drain System
Alternatives ID and
Preliminary Costs
Final Storm Drain
System Modeling and
Preferred Alternatives
50% Submittal
Final GIS Update
Storm Drain
Modeling Results and
Preferred Alternative TM
0 Stakeholder
Meeting#1
(Not in RFP)
50%
Submittal
Meeting
CAROLLO• / PROPOSAL I MARCI! 2023 \\IO-BD-1\BD-Data\Marketing\Pursuits\Olent86(FN0J\LosBanoslStormDrainMPUpdate\Prop03231Indd\03-0rganl2ationAndApproachV3 Financial Analysis
CIP Development
0 Stakeholder
Meeting #2
(Not in RFP)
75%
Submittal
Meeting
Final
SDMP
100%
Submittal
Meeting
10 185
CHALLENGE 2:

Developing a hydrologic/hydraulic model to provide accurate and defensible improvement recommendations.

OUR APPROACH: Carollo will develop a hydrologic/hydraulic model to effectively characterize existing system-wide capacity concerns and limitations and identify the most beneficial roadmap for future improvements.

Our team will start with a comprehensive and accurate assessment of the City's current infrastructure and existing system constraints, which is essential to setting a strong foundation for the hydrologic/hydraulic model. With a robust model developed and a clear picture of the City's priorities, further updates and optimizations can be readily achieved to meet the City's 2023 Master Plan Update goals.

Hydrologic/Hydraulic
Model Process Map
Factors:
- Future Needs
- Users
- Goals
- Budget
Outcomes:
- Initial Concepts
- Management Strategies
-BMPs
- LID Standards
- Alternative Compliance
Identification of existing and Combines storage requirements with future basins that can seNe SGMA sustainability goals and the GSP both retention and percolation. through groundwater recharge. lmpeNious area
minimization/reduction.

Trash compliance facilities may
offer other benefits.

Nuisance, non-storm, or
low-flow capture and use.

Reduces peak flow and volumes of
runoff, which reduce flood and
hydro-modification impacts. Groundwater
supplies may also benefit.

Trash reduction will provide aesthetic and
potential flood reduction. Many trash
facilities also remove significant amounts
of sediment, which offers additional water
quality benefits.

Non-storm water capture offers
water quality and, potentially, water
supply benefits.
-
C:

Cl)
E
Cl)
C:
~ 0::::

C:
ro
11:
....

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ro
~
- --~ ~
ORGANIZATION APPROACH =~
---~
Data:
- Record Data
-SuNeys/
Topography
- Infrastructure
Assessment
Constraints/
Challenges:
- Existing
Regulations
-Changing
Regulations
- Growth
- Water Quality
-----::=:--
Optimization --------------.J
Final SDMP
Future Funding
and Stormwater
Utility Formation
CAROLLO• / PROPOSAL / MARCH 2023
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ORGANIZATION AND AP
CHALLENGE 3:

Identifying and evaluating potential funding sources for implementing CIP projects and providing an overview of City cost-share requirements for the City to consider.

OUR APPROACH: Carollo will provide a strategic funding analysis, including local funding sources and funding identification/strategies from available low interest loans and grants for the City's stormwater projects.

Helping You Understand the Types of
Grant Loan Funding Available for Your Project
As part of our Utility Advisory Services Group, Carollo offers strategic federal and state funding assistance, including funding identification/strategies, low interest loan and grant development, and grant management support for water-related projects. We provide financial planning as well as assistance with WIFIA loans, SRF loans, Title XVI grants, USSR research, planning and basin study grants, and DWR IRWM and Prop 1 grants. $550M
$500M
$450M
$400M
$350M
$300M
$250M
$200M
$150M
$100M
$SOM
$1M
$0
USBR
(Grant)
Carollo's Funding Successes (Totals in Millions)
DWR/SWRCB SRF EPA· WIFIA
(Grant) (Loans/Grants) (Loan)
OES
(Grant)
Other
(Grant)
USBR DWR/SWRCB ■ SRF/DWSRF ■ EPA-WIFIA ■ OES ■ Other

STORMWATER FUNDING CASE STUDY
City of Salinas, CA
The City wanted to identify and develop potential new stormwater elements for inclusion in the Prop 1, Round 2 Stormwater Program grant package. Carollo was tasked with project management and administration, research and data collection and review, development of a viable stormwater project list, development of a draft and final grant package, and submittal of the final grant package. As part of the effort, Carollo coordinated with the City, its project partner Monterey One Water, and subconsultants to develop and assemble the required documentation, develop and submit the grant application, and interface with SWRCB staff during the review process.

Over the last 10 years, Carollo
has secured over $18 in lowinterest loans and grants from federal and state funding ·
programs, leveraging our indepth knowledge of various
program requ irements, close
working relationships with
funding agency staff, ancl
strategies on how to best
leverage projects to increase
chances of selection for award.

As a follow up, the Regional Stormwater Resources Plan (SWRP) needed to be updated to include the project. Carollo worked with the City and regional IWRM lead to get the revised SWRP approved. The project was awarded over $8.SM to capture stormwater for reuse.

CAROLLO• I PROPOSAL I MARCH 2023
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CHALLENGE 4:

Conveying the project recommendations to the
City and stakeholders effectively.

OUR APPROACH: Carollo will provide electronic
planning tools to allow the City to easily
communicate CIP project drivers and costs to
project stakeholders to garner consensus and
support for the 2023 Master Plan Update.

Complex master plans traditionally end up collated
in a series of binders and stored on a shelf. A
paper report format has some utility; it is often
helpful to have all the master plan information
consolidated in one place. However, the standard
"hard copy" master plan leaves much to be desired
when it comes to updates that are necessary to
reflect ever-changing drivers and implementation
assumptions. Prioritizing projects will need to
be coordinated with the City to align with the
City's annual budget. We have developed tools
that integrate project priorities with multiple
systems to allow users to quickly view project
locations and other customized information.

Carol/o's electronic master planning tool puts
your entire system at your fingertips. All of the
information needed for project implementationcost, project need/driver(s), project priority-is linked so that it can be easily accessed through GIS.

But more important for you as the end user,
input data, including cost, timing/phasing, and
priority for implementation can be easily adjusted
such that the entire CIP is automatically reset.

This provides significant utility as a planning
and financial tool, particularly over the course
of a long CIP time horizon, during which any
number of variables can change, resulting
in a need to update project implementation
schedules and cash flow projections.
~
:.- --~ ORGANIZATION > APPROACH -~
4":\ CAPITAL IMPROVEMENT PLAN PROJECT SHEET \ ~ .. ~T~R~F ~~rti;: SYSTEM MASTER PLAN ·~::,
PROJECT ctP-1
East Edgemar.Paeif,c Manor Improvements: EE..PM11hrough EE•PMS PmiectBenetit
Existing ewtomers: 100%
New Oevelopment 0%
lm*,uentat;on Phase _Phase 1 (2011-15) ... !,_F''hase4 (2026-30) _Phase 2 (2016-20) _Phase 5 {Post 2030)
_Phaae 3 (2021-24)
Pn,iect location • Avalon Drive, betvteen Fremont Avenue and Edgemar Avenue
Edgemar Avenue, between Manor Drive and
lvrrljc Drive
Proiect Descrintion
Project Cgmpopepttsl
• Replace e'Xisting 12· pipelines with 2T pipelines.
• tnatall two new pipeline eegments (18" and 21")
and street Inlet&.

Prpi@S Cost Summary (2011 Dotlars)
Baseline Construction $348,000
Construction Contingency (25%) $87,000
Tot.&/ Construct.ion Cos/ $435,000
Engineering
ConstrU<:tlon Manegemerl: (30%} $131,000
p, . c1Adml~"'81ion
Total Cepul Improvement Cost $566,000
Project CIP~1 Involves replacing 325 feet of existing 12-lneh plpelinei with 27-inch pipelinea along Edgemar Avenue, between Avalon Orlvo and Arrato Drive. In adcitlon, CIP~1 Includes construdion d an 18-lnch pipeline a\ong Avalon Drive and 21-inch pipeline along Edgema, Avenue. The Jll'Oject WU help reduce existing ftoocing that occurs during n«mal to heavy s1onn evanta on the corner« Edge mar Avenue end AvaJon Drive ht)' increasing underg1ound storage and conveyance capacity in the subbasln. cca"'11o
Carollo's electronic master planning tools
make it easy for an agency to adjust budgets,
schedules, and project details, and share useful
information with project stakeholders.
._ ---~
CAROLLO~ / PROPOSAL / MARCH 2023
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SCOPE OF SERVICES
Carollo has carefully reviewed your Request
for Proposals and is prepared to execute all
of the efforts in the Scope of Services. The
information below provides additional insight
and suggestions on how we will perform
each task.

Our team has developed a detailed workplan
and schedule for the 2023 Master Plan Update.

Our schedule, provided on the previous
page, meets the milestone objectives. Key
observations during development of the project
workplan and schedule include the following:
• Meeting effectiveness to save time. Monthly
status meetings will be integrated
into the workplan to allow for routine
discussion of findings and deliverables
of the project as the work progresses.
• Meaningful work packages to better structure
your project. We have consolidated a
number of tasks into work packages that
correspond to your request for 50%,
75%, and 100% submittals. In addition, we
have consolidated fieldwork, condition
assessment, and GIS updates of existing
facilities to correspond to a 25% submittal.
• Key modeling efforts and initial results followed
by cost evaluations and funding sources. The
50% submittal will include all initial hydrologic
and hydraulic (H&H) modeling results with
some core options identified for your review.

After determining a direction for these core
options through reviews and discussions, the
75% submittal will be developed. The 75%
submittal will work to develop a prioritized
CIP with project costs. This effort will also
include an optimization scheme to enhance
and refine those core projects developed in
the 50% submittal. We will work in parallel
with the CIP development to identify possible
funding sources available to implement the
identified short- and long-term projects.
-.:--_--=,;;;;:
-;-=--== ~ -~
ORGANIZATION AND APPROACH~
• Core technical evaluations. The heart of the
technical evaluations for your project includes:

1. Modeling of H&H systems for
selected design storm events (e.g.,
10-year and 100-year events).

2. Modeling of impacts on discharge
requirements using integrated dualfunction percolation/retention basins.

The identification of proposed dualfunction basins will be determined through coordination with City staff.

We have included time to refine the
model to optimize project outcomes.
• Model selection that meets your needs for the
future. It has been over ten years since the
previous model using H2OMAP SWMM
software was developed for the City. Since that
time, many advancements have been made in
available stormwater models with a variety of
models available for use, such as XPSWMM,
lnfoWorks, HydroCal, and others. Carollo will
work with the City to determine modeling
software needs and will be guided by various
factors, including likely users, indented uses,
and budget. We have included time to brief
the City on these various tools and confirm
the model system that best works for you.

As shown in the schedule on page 14, this overall
approach will allow time for incremental City
reviews of our work product such that the 100%
submittal will primarily consist of incorporating
City and stakeholder comments, preparing
final conclusions and recommendations,
and developing an executive summary.
---~ =--~6
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MANAGEMENT APPROACH
Successful completion of the Storm Drain
System Master Plan Update hinges on
the experience and established working
relationships of the actual people doing the
work. not just the firm where they are employed.

Our approach is to combine the knowledge
and ideas of the City's staff with our team's
experience to provide a master plan that the
City can depend on for years to come.

Carollo's management model is comprised of
three key components:

1. Carollo's Management Philosophy.

2. Carollo's Quality Management.

3. Carollo's Functional Management Elements.

1. Carollo's Management Philosophy
Carollo's management philosophy, the success of our
company, and the success of the team assembled
for the Storm Drain System Master Plan Update are
founded on the following simple precepts:
• Focus on client service. Carollo knows the value of
listening to our clients and recognizes that successful projects result from the combined expertise of our staff and the client's staff. This commitment to understanding client needs, valuing their input, and incorporating their ideas is the cornerstone of our long-term success.
• Specialize in planning, design, and construction
management of water, wastewater, and
stormwater projects. This is our business. Our
success hinges solely upon our ability to provide
responsive service to our municipal clients.
• Commit our partners to an active role in every project.

This provides our clients with top management
interest, clear accountability, responsiveness, and
talent - and helps to ensure that the necessary staff
and resources are committed to each assignment.
• Seek out, hire, and hold onto the best people in
the business. A critical element for a successful
project is the project team. Carollo aggressively
recruits top candidates from leading engineering
schools across the country. We train and mentor
these engineers to become the next generation of
leaders for Carollo and the industry. This long-term
commitment to developing excellent engineers has
resulted in a depth of talent available to our clients.

2. Carollo's Quality Management
Carollo is committed to quality. A detailed program for quality is incorporated into each of our projects to provide highquality engineering services consistent with the standards of our company and you, our client. Our dedication to quality results in tangible benefits for our clients, such as design projects measured by low change orders.

ORGANIZATION
Our team believes that quality is obtained in a project by "building it in," not just by a routine progress check at various intervals. Quality management for each project includes the proper assignment of personnel, establishing correct approaches and protocols at the beginning of a project, and identifying the appropriate peer reviews inherent to our quality management.

All project and quality management aspects of this project will be managed by our proposed Project Administrator, Ryan Orgill, with oversight from our Technical Advisor, Tim Loper, and Principal-in-Charge, Jennifer Pratt.

3. Carollo's Functional Management Elements
To facilitate the management of this project, we will employ functional elements standard to all of our projects, including:
• Project Progress Monitoring and Reporting.
• Progress Review and Progress Meetings
and Stakeholder Meetings.
• General Communication.

Project Progress Monitoring and Reporting
We will utilize monthly status reports to provide updates for the project. The status report will address the
following items:
• Project percent complete.
• Project progress in the previous period.
• Budget used.
• Budget remaining.
• Key decisions made in the previous month.
• Items requiring decisions.
• Anticipated project activities in the next period.

Project Review and Progress Meetings
and Stakeholder Meetings
The Project kickoff meeting and progress meetings
held between City and Carollo staff will serve as the
primary functional element to review the progress of
the project, identify the various issues that need to
be addressed, develop a consensus on the proposed
response, and provide an opportunity to coordinate
these efforts. In addition, stakeholder meetings will
be conducted by Carollo in coordination with the
City to involve key stakeholders identified by the
City and will be an important element in conveying
project recommendations and gaining buy-in on the
project components.

General Communication
E-mail, telephone discussions, and informal meetings
(both in person and virtual) will also be used to
coordinate, share, and request information.

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EXIDBIT B - FEE SCHEDULE
Consultant shall provide an itemized schedule of rates and fees which includes all billing amounts and costs for each Task.

Task amounts are considered to be not-to-exceed amounts.

Task 1: Project Kickoff and Work Plan ....................... ... .... .. ....... .... $ 1 O , O O O Task 2: City Policy and Document Review ........................................ $ 4 , 1 O O Task 3: Data Collection and Analysis .............................................. $ 13,600 Task 3.1: Hydraulic Model ........................................................... $ 3 3 , 4 O O Task 3.2: Develop a GIS Inventory and Update AutoCAD Basemap ....... $ 3 O, 3 O O Task 3 .3: Identify Improvement Projects and Funding Sources ................ $ 9 3 , O O O Task 3.4: Identify Short- and Long-Term Funding Options .................... $ 23 , 2 00 Task 4: Program Support (3-Year Period) .......................................... $ 8 5, 7 O O * Task 5: Review City's Design Standards ..................................... , ...... $ 8,000 Task 6: Operation and Maintenance (Optional) .................. .. ................ $ 3 9 , 3 O O Consultant Rate Schedule: **
The rate for any authorized additional services is shown below:

Position Title
Senior Professional $313
Lead Project Professional $275
Project Professional $250
Professional $225
Assistant Professional $185
Senior Technician $185
Technician $161
----------------------------------------------------------------------------' ,. Actual costs for Program Support will be based on individual tasks :
assigned by the City, not to exceed the value shown. Level of effort assumed for this task includes the following hours per team member:
- Principal in Charge: 12 hours
- Project Administrator: 24 hours
- Funding Advisor: 80 hours
- Stormwater Programs: 80 hours
- Modeling/CAD: 80 hours
- GIS: 80 hours
**See attached 2023 Fee Schedule for all rates.

Hourly Rate
16 191
CAROLLO ENGINEERS, INC.

FEE SCHEDULE
As of January 1, 2023
California
Engineers/Scientists
Assistant Professional
Professional
Project Professional
Lead Project Professional
Senior Professional
Technicians
Technicians
Senior Technicians
Support Staff
Document Processing / Clerical
Project Equipment Communication Expense
(PECE) Per DL Hour
Other Direct Expenses
Travel and Subsistence
Mileage at IRS Reimbursement Rate
Effective January 1, 2023
Subconsultant
Other Direct Cost
Expert Witness
Hourly Rate
$185.00
225.00
250.00
275.00
313.00
161.00
185.00
121.00

14.00 at cost
$.655 per mile
cost+ 10%
cost+ 10%
Rate x 2.0
This fee schedule is subject to annual revisions due to labor adjustments.

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192
ITEM 7J
193
LOsBanos
,a
Agenda Staff Report
TO: Mayor Llanez & City Council Members
FROM: William A. Vaughn, City Attorney
DATE: May 17, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: CONSIDERATION OF APPROVAL OF RESTATED JOINT

POWERS AGREEMENT OF THE MERCED COUNTY

ASSOCIATION OF GOVERNMRNTS/ MCAG
Recommendation:

1. Adopt Resolution No. __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS

APPROVING THE RESTATED JOINT POWERS AGREEMENT OF THE

MERCED COUNTY ASSOCIATION OF GOVERNMENTS
Background:

In 1967, the seven local governments in Merced County formed the Merced County Association of Governments (MCAG) as a Joint Powers Authority (JPA). Generally speaking, Councils of Governments are voluntary associations that represent member local governments, mainly cities and counties, that seek to provide cooperative planning, coordination, and technical assistance on issues of mutual concern in a regional or sub regional context. Adoption of a Joint Powers Agreement is specifically 194
authorized by state law. In the case of California, JPA authority is granted under Section 6500 et. seq. of the California Government Code.

Discussion:

The current JPA agreement was adopted by the MCAG board on July 18, 2013 and expires on July 18, 2023. The Governing Board of MCAG, composed of representatives of the jurisdictions, began reviewing the current Agreement in November 2021 for amendments and updates. In February 2022, an amended (draft) JPA was released to each of the member agencies for review and comment. Beginning in November 2022 representatives of each of the MCAG members, comprised of City Attorneys for six (6) of the member agencies and the County Counsel for Merced County began meeting and negotiating the terms of an extension of the JPA agreement.

In February 2023 a consensus was reached by the working group on a final version of the JPA agreement for consideration by each of the seven (7) member agencies.

For the most part the proposed 2023 JPA agreement follows the format of the 2013 JPA agreement. The foregoing summarizes the major changes to the 2013 JPA agreement as set forth in the proposed 2023 JPA agreement.
• The effective date of the proposed 2023 JPA agreement is July 19, 2023. The proposed term of the 2023 JPA agreement is thirty (30) years to coincide with the sunset of Measure V. The current 2013 JPA agreement has a ten (10) year term.
• The composition of the board will remain the same with eleven (11) total board members comprised of one {1) representative of each of the six (6) member cities and five {5) representatives one (1) from each of the five (5) county supervisorial districts. The composition of the board cannot be modified except with the unanimous consent of each of the seven (7) member agencies. • The proposed JPA agreement provides that MCAG shall fully indemnify each of the member agencies arising from the acts of MCAG. The current 2013 JPA agreement provides for indemnity based upon the population of each of the respective agency members.
• With the exception of Termination, Composition of the Board, and Term (which require unanimous agreement of all the member agencies) the proposed JPA agreement can be amended by agreement of a minimum of five (5) member agencies which must include the County of Merced. The 2013 JPA agreement provides that the MCAG Board of Directors can amend the JPA agreement on a two-thirds affirmative vote of the Board (except Termination which requires the agreement of all seven (7) agency members).
• If there is a dispute relating to the proposed JPA agreement or official actions of the Board the proposed 2023 JPA agreement provides for mediation of the 195
dispute prior to any lawsuit being filed. The 2013 JPA agreement provides for binding arbitration instead of mediation to resolve any disputes.

As of the writing of this Staff Report, the Board of Supervisors for the County of Merced, the City Council for the City of Merced, and the City Council for the City of Dos Palos .has approved the proposed 2023 JPA agreement as presented.

Fiscal Impact:

No change from the 2013 JPA agreement.

Conclusion:

Staff will be present to answer any questions.

Josh Pinheiro,
City ~ anager
Attachments
Proposed Resolution
Brent Kuhn,
Interim Finance Director
Proposed 2023 MCAG Restated JPA Agreement

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196
197
RESOLUTION NO. ---

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS

APPROVING THE RESTATED JOINT POWERS AGREEMENT OF THE

MERCED COUNTY ASSOCIATION OF GOVERNMENTS
WHEREAS, Government Code section 6500 et seq. authorizes two or more public agencies, by a joint powers agreement entered into respectively by them and authorized by their legislative or governing bodies, to jointly exercise any power common to them; and
WHEREAS, the Cities of Los Banos, Merced, Livingston, Atwater, Dos Palos, Gustine, and the County of Merced, possess in common the authority to study, discuss, and develop solutions to area-wide problems of direct concern to the performance of their constitutional and statutory functions; to do all acts necessary to participate in federal programs and receive federal funds for transportation, housing, and other community improvement activities, including contracting and cooperating with other agencies; and to establish an area planning organization and expend public funds for these purposes; and
WHEREAS, the establishment of MCAG has, among other things, provided a forum to study and develop solutions to area-wide concerns, provided efficiency and economy in governmental operations through the cooperation of MCAG's member agencies and the pooling of common resources, facilitated cooperation among and agreement between MCAG's member agencies for specific purposes, interrelated development actions, and for the adoption of common policies with respect to concerns which are common amongst the member agencies, and altowed for the imposition of a Regional Transportation Impact Fee with MCAG acting as the planning, administrative, and implementation entity; and
WHEREAS, on November 28, 1967, the foregoing needs led to the creation and establishment of Merced County Association of Governments ("MCAG"), of which City of Los Banos is a member, pursuant to the Cooperative Agreement/Joint Powers Agreement {the "JPA Agreement"); and
WHEREAS, the City Council and the residents of the City of Los Banos have an interest in the orderly development of the Los Banos community, as well as surrounding communities; and
WHEREAS, the continued growth and extensive development within the incorporated and unincorporated areas of Merced County have evidenced the need to continue with an independent regional agency capable of dealing with area-wide concerns; and
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WHEREAS, MCAG was designated by the County of Merced as the Local Transportation Authority for Merced County in 1990 and has operated as such from that date to the present; and
WHEREAS, the JPA Agreement is set to expire, by its own terms, on July 18, 2023;and
WHEREAS, the MCAG member agencies, by and through their designated attorneys and representatives, have negotiated the terms of a Restated Joint Powers Agreement, to be effective on July 19, 2023, for a term of thirty (30) years.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS BANOS HEREBY RESOLVES:
1 . The City Council approves the Restated Joint Powers Agreement of the Merced County Association of Governments as presented; and

2. The City Council designates the Mayor to execute the Restated Joint Powers Agreement of the Merced County Association of Governments.

The foregoing resolution was introduced at a regular meeting of the Los Banos City Council held on the 1 ih day of May 2023, by Council Member ____ _ who moved for its adoption, which motion was duly seconded by Council Member ______ , and the Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
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RESTATED JOINT POWERS AGREEMENT OF THE
MERCED COUNTY ASSOCIATION OF GOVERNMENTS [MCAG]
Effective Date July 19, 2023
This Restated Joint Powers Agreement is entered into by and among those undersigned of the Cities of Atwater, Dos Palos, Gustine, Livingston, Los Banos, and Merced, all municipal corporations and the County of Merced, a political subdivision of the State of California.

RECITALS

1. Common Power. Chapter 5 of Division 7 of Title 1 (commencing with Section 6500) of the California Government Code authorizes two or more public agencies, by a joint powers agreement entered into respectively by them and authorized by their legislative or governing bodies, to jointly exercise any power common to them.

2. Common Authority. The City of Merced, by virtue of its charter, and the Cities of Los Banos, Atwater, Livingston, Dos Palos and Gustine, and the County of Merced, by virtue of California Government Code Section 6500 - 6539.9, inclusive, possess in common the authority:
a) To study, discuss, and develop solutions to area-wide problems of direct concern to the performance of their constitutional and statutory functions and to establish an area planning organization and expend public funds for these purposes; and b) To do all acts necessary to participate in federal programs and receive federal funds for transportation, housing, and other community improvement activities, including contracting and cooperating with other agencies.

3. Orderly Development. The people residing within the incorporated and unincorporated areas of Merced County have an interest in the orderly development of their communities.

4. Independent Agency. The continued growth and extensive development within the incorporated and unincorporated areas of Merced County have evidenced the 1 200
need to create a wholly independent regional agency capable of dealing with area-wide issues and problems.

5. Merced County Association of Governments. On November 28, 1967, the foregoing needs led to the creation and establishment of Merced County Association of Governments, (hereinafter referred to as "MCAG").

6. Transportation Authority. MCAG was designated by the County of Merced as the Local Transportation Authority for Merced County in 1990 and has operated as such from that date to the present.

7. Effects. The establishment of MCAG has:
a) Provided a forum to study and develop solutions to area-wide problems of mutual concern to the Agencies.
b) Provided efficiency and economy in governmental operations through the cooperation of the Agencies and the pooling of common resources. c) Provided for the establishment of a Joint Powers Authority responsible for identifying, planning, and developing solutions to regional problems requiring multijurisdictional cooperation. d} Provided for the establishment of a Joint Powers Authority capable of developing regional plans and policies and performing area-wide planning duties. e) Facilitated cooperation among and agreement between the Agencies for specific purposes, interrelated developmental actions, and for the adoption of common policies with respect to issues and problems which are common to the Agencies. f) Allowed for imposition of a Regional Transportation Impact Fee with the Authority as the planning, administrative and implementation entity.

8. Amendment. The undersigned Agencies and Members desire to amend and restate the "Cooperative Agreement"/Joint Powers Agreement dated November 28, 1967, as amended (the "Original Agreement"), in order to establish the duties and powers of the MERCED COUNTY ASSOCIATION OF GOVERNMENTS. This Restated Joint Powers 2 201
Agreement and the terms and conditions set forth herein supersede all prior amendments and restatements of the Original Agreement.

NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:

ARTICLE 1. DEFINITIONS

1.1 Unless the context otherwise requires, capitalized terms used in this Agreement will have the meanings specified in Exhibit A, which is attached and incorporated by this reference.

ARTICLE 2. PURPOSE

2.1 This Agreement is made pursuant to the Act to provide for the joint exercise of certain powers common to the Members and the additional powers granted under the Act. To the extent currently applicable, those powers and/or functions are set forth in Article 6 below.

ARTICLE 3. CONTINUATION OF AUTHORITY

3.1 Continuation. Upon the effective date of this Agreement, the Parties hereto hereby continue the MERCED COUNTY ASSOCIATION OF GOVERNMENTS, as a public entity separate and distinct from its member entities, as the agent to exercise the common powers provided for in this Agreement and to administer or otherwise execute the terms of this Agreement.

3.2 Assets, Rights and Liabilities. The assets, rights, debts, liabilities, and obligations of MCAG shall be those of MCAG and shall not constitute assets, rights, debts, liabilities, or obligations of any of the Members. However, nothing in this Agreement shall prevent any Member from separately contracting for, or assuming responsibility for, specific debts, liabilities, or obligations of MCAG, provided that both the Board and that Member approve such contract or assumption. The provisions of Government Code 3 202
section 6504, specifically including the right of Members to advance funds and make loans, are made a part of this Agreement.

ARTICLE 4. TERM

4.1 Effective Date. This Agreement shall become effective on July 19, 2023.

4.2 Term. This Agreement shall continue for a period of thirty years from the effective date unless terminated in accordance with Article 10 of this Agreement. The term may only be modified by the unanimous consent of all Members.

ARTICLE 5. BOUNDARIES

5.1 Boundary. MCAG's jurisdictional boundary shall not exceed the jurisdictional boundary of the County of Merced, as the County boundary may be expanded or changed during the Term of this Agreement. This provision shall not prevent MCAG from acquiring services or property outside of its boundaries for the benefit of MCAG Agencies.

ARTICLE 6. FUNCTIONS/POWERS

6.1 Authority Functions. MCAG will function or continue to function as:
a. The Local Transportation Authority as designated by the County of Merced in 1990.
b. The Metropolitan Planning Organization as designated by the United States Department of Transportation pursuant to Title 23 of United States Code Section 134 and Title 49 of the United States Code §5303{b)(2). c. The Regional Transportation Planning Agency as designated by the Secretary of Business and Transportation of the State of California pursuant to California Government Code Sections 65080, et seq.
d. The regional transportation planning representative as designated by the parties hereto for the purpose of acting upon any appropriate proposals which may be presented to the Board for consideration or which the Board may elect to take up and for transmission of proposed recommendations to federal, state and local agencies, including, but not limited to, the member entities of MCAG.
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e. The designated E.O. 12372 Intergovernmental Review of Federal Programs Clearing House and as such review all applications for federal funds by any participating entity wherein such review is a requirement of the particular federal aid program involved.
f. The State Census Affiliate Data Center for Merced County. g. The Service Authority for Freeway Emergencies (SAFE) as created by the Members in 1996.
h. The agency to administer, coordinate, plan and implement/effectuate a Regional Transportation Impact Fee Program if adopted by the Agencies. i. MCAG shall perform any functions directed by the Board in furtherance of the foregoing or other programs as determined by the Board.

6.2 Powers. MCAG is authorized, but is in no way required, to act in its own name on any or all of the following matters, as each Member could act separately, and as it deems in the best interest of its Members, to the extent permitted by any and all applicable laws, codes, ordinances, resolutions and regulations, subject only to such restrictions upon the manner and exercise of such power as are imposed upon the County of Merced in the exercise of similar powers:
a. Make and enter into contracts.
b. Acquire, improve, hold, lease, and dispose of real and personal property of all types.
c. Accept gifts, donations, advances and contributions and act as regional lead jurisdiction/applicant and grant administrator for grants in the name of Members/regional participants.
d. Hire agents and employees
e. Sue and be sued in its own name.
f. Incur and discharge debts, liabilities and obligations. g. Issue bonds or notes and incur other forms of indebtedness, and 5 204
make associated covenants, for designated purposes, subject to the provisions and limitations of the California Constitution and the Government Code. h. Adopt, as authorized by California law, ordinances and resolutions necessary to carry out the purposes of this Agreement.
i. Any additional power granted to Joint Powers Authorities under the Act.
j. All powers necessary to the exercise of the enumerated powers.

ARTICLE 7. ORGANIZATION

7.1 Governing Board.

MCAG shall be governed by a Governing Board (hereinafter "Board"), which shall exercise or oversee the exercise of all powers and authority on its behalf. The Board shall meet in accordance with the MCAG bylaws. Under this Agreement, the Board is expressly charged with carrying out the foregoing provisions through its actions, through contracts, or through staff hired by MCAG.

7.2 Directors.
(a) The Board shall consist of each of the five Merced County Supervisors and one elected legislative official from each of the other Members. No Person shall be eligible for appointment to the Board unless he or she is serving in an elective position.

Each of the city Members may appoint one elective Person as an alternate to serve in the absence of an appointed director. Directors and alternate directors who have been duly appointed and are serving at the time of the adoption of this Agreement may continue to serve in that capacity without any further action of the Member. (b) Each Director, so long as a public official, shall hold office from the first meeting of the Board after appointment by the Member until his or her successor is selected by such Member.
(c) This Section 7.2 may only be modified by the unanimous consent of the Members.
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7.3 Principal Place of Business. The principal place of business of MCAG shall be located within the Boundary of MCAG.

7.4 Officers.
(a) The Board shall select a Chair and a Vice Chair from among the Directors who shall hold office for a period of one year commencing July 1st. The Chair and Vice Chair shall alternate between a Member of the Merced County Board of Supervisors and a city Member representative. The positions shall rotate and there shall be no consecutive terms. These specifications are met with the adherence to the Chair Rotation Schedule adopted by the MCAG Board of Directors on June 15, 2017. The Rotation Schedule may be amended at the discretion of the Board from time to time but shall generally not result in consecutive terms or break the alternation between the County Board of Supervisors Members and the city Member.
(b) Executive Director. The Board shall utilize an Executive Director who shall be the chief executive officer of MCAG.
(c) Deputy Executive Director. The Executive Director may appoint a Deputy Executive Director who shall be a full-time employee of MCAG and who shall serve as Executive Director in the absence of the Executive Director. (d) Finance Director. The Executive Director shall appoint a Finance Director who shall be a full-time employee of MCAG and who shall function under the guidance of the Executive Director.
(e) Secretary. The Board shall utilize the services of a Secretary who shall be an employee of MCAG.
(f) General Counsel. MCAG shall contract with an attorney licensed to practice in the State of California who shall serve as General Counsel to MCAG.

7.5 Designation of Law. As required by section 6509 of the Act, and in the absence of conflicting procedural rules, ordinances and resolutions adopted by the Board, 7 206
the procedural rules, ordinances and resolutions of the County of Merced are the governing law for MCAG.

ARTICLE 8. FINANCIAL MATTERS

8.1 Financial Matters.
(a) Budget. MCAG shall prepare and submit to the Board a budget and work plan for adoption prior to July 1 of each year for the ensuing Fiscal Year. (b) Treasurer. The Finance Director of MCAG shall be the Treasurer pursuant to Government Code section 6505.6.
(c) Auditor. The Finance Director of MCAG shall be the Auditor pursuant to Government Code section 6505.6.
(d) Duties of Treasurer and Auditor. The Treasurer and/or Auditor, as appropriate, shall do all of the following:
(1) Receive and receipt for all money of MCAG and place it in the treasury of the Treasurer so designated to the credit of MCAG. (2) Be responsible, upon his or her official bond, for the safekeeping and disbursement of all MCAG money so held by him or her. (3) Pay, when due, all sums payable with respect to outstanding indebtedness of MCAG.
(4) Pay any other sums due from MCAG only upon warrants of the public officer performing the functions of auditor or controller who has been designated by this Agreement.
(5) Make or contract to make an annual audit of the accounts and records of MCAG. The minimum standards of the audit shall be those prescribed for special districts under Section 26909 of the Government Code and shall conform to generally accepted auditing practices. A report of the audit shall be filed as public record with each of the Agencies within 12 months of the end of the Fiscal Year under examination. Any costs in making an audit in accordance with this Agreement shall be 8 207
borne by MCAG and shall be a charge against any unencumbered funds of MCAG available for the purpose.
(6) Draw warrants to pay demands against MCAG when the
demands have been approved by any Person authorized to so approve in this Agreement. (7) File an official bond or proof of insurance in an agreed amount pursuant to section 6505.1 of the Act.
(8) Perform any and all other functions necessary to effectuate this Agreement.
(e) Investment Policy. The investment policy of MCAG shall be the investment policy adopted by the Board.
(f) Revenue Bonds. MCAG may issue revenue bonds, but the revenue bonds shall not constitute a debt, liability, or obligation of an individual Member. (g) Insurance/Indemnification.

MCAG shall maintain general liability insurance relating to its enumerated functions and shall indemnify, protect, defend and hold harmless all of the Members and their elected and appointed officers, employees, and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from or connected with the MCAG's acts and/or omissions arising from and/or relating to this Agreement or any act and/or omission performed by a Member on behalf of MCAG or at the request of MCAG. This indemnity shall include Environmental Laws as herein defined.

ARTICLE 9. WITHDRAWAL FROM MCAG

9.1 Withdrawal Conditions. A Member may not withdraw from MCAG unless and until that Member:
(a) Liquidates in full its proportion of any and all existing debts, obligations and liabilities incurred, earned, or expected to be earned by the date of withdrawal, 9 208
including, but not limited to, certificates of participation, notes, revenue bonds and other indebtedness, if any, as determined by the Board. The liabilities of a withdrawing Member shall specifically include those resulting from acts or omissions when the withdrawing Member was a participating Member of MCAG.
(b) Has provided written notice of intent to withdraw, via a resolution of the governing body of the Member, at least one (1) year prior to the end of the Fiscal Year in which it intends to withdraw. Withdrawal shall be effective at the end of the fiscal year. (c) This Section 9.1 may only be modified by the unanimous consent of the Members.

9.2 Costs of Withdrawal. A withdrawing Member shall be responsible for all costs associated with its withdrawal from MCAG. Such costs may include, but may not be limited to, MCAG staff time associated with ensuring the proper and complete withdrawal of the Member and costs of continuing contracts attributable to that Member. In determining the costs associated with the withdrawal of a Member, the withdrawing Member shall have the option of allowing MCAG to determine such costs or of hiring, at its own cost, an independent auditor approved by the Board to determine the costs associated with its withdrawal.

ARTICLE 10. TERMINATION

10.1 Termination Requirements. This Agreement may only be terminated by consent of all Members, and upon full and complete liquidation of all liabilities, including, but not limited to, certificates of participation, notes, revenue bonds and other indebtedness, if any, and the winding up of all MCAG business. Upon the date of termination ("Termination Date"), payment of any and all obligations and division of any and all assets of MCAG shall be conducted subject to the then applicable requirements of the law (currently Section 6511, et seq., of the Act) as follows:
(a) In the event of termination of MCAG where there is a successor public entity that will conduct all of the activities and assume all of its obligations, any and all MCAG assets and liabilities remaining upon termination shall be transferred to the 10 209
successor public agency.
(b) If there is no successor public agency that would conduct MCAG's activities, all assets and liabilities, including surplus money, shall be apportioned to each Member in proportion to population.
(c) If there is a successor public agency that would conduct some of MCAG's activities, then the Board shall allocate MCAG assets and liabilities, including surplus money, between the successor public agency and the Members. In such case the Member's portion of the allocation shall be based on subparagraph (b) above. (d) By unanimous agreement of the Members, assets and liabilities may be disposed of, divided or distributed on a basis different from that established in this Article 10.

ARTICLE 11. BYLAWS

11.1 Bylaws. Bylaws may be adopted by the Board pursuant to which meetings of the Board shall be called. The Bylaws shall contain appropriate provisions for the transaction of business and describe the duties and powers of the Chair and Vice Chair and such other officers as may be appointed. To the extent the Bylaws conflict with this Agreement, the terms of this Agreement shall control. The Bylaws may be amended from time to time by majority vote of the Board after notice in accordance with the Bylaws.

ARTICLE 12. AMENDMENTS

12.1 With the exception of Article 10, Article 9, Section 7.2 and Section 4.2, this Agreement may be amended at any time by agreement of five Members, one of which must be the County of Merced. The County of Merced's agreement shall be evidenced by a resolution of the County Board of Supervisors. Agreement of a city Member shall be evidenced by a resolution of their respective City Council. However, no amendment may reduce the representation rights of a Member, or add to the duties or obligations of a Member without the agreement of such Member.

ARTICLE 13. MISCELLANEOUS

13.1 Filing with the Secretary of State. All notices required by Government Code 11 210
Sections 6503.5 and 53051 shall be filed by MCAG with the California Secretary of State.

13.2 Immunity. All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, worker's compensation, and other benefits which would apply to the activity of officers, agents, or employees of any such Member, when performing their respective functions within the territorial limits of the respective Members, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties under this agreement outside the territorial limits of their Agencies.

13.2 Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of each Member. Notwithstanding the foregoing, no Member may assign any right or obligation hereunder without the written consent of all other Members.

13.3 Severability. If any provision of this Agreement or its application to any Person or circumstances is held invalid or illegal by a final judgment of a court of law in the State of California, the remainder of this Agreement and the application of the provision to other Persons or circumstances shall not be affected.

13.4 Headings. All section headings contained in this Agreement are for convenience and reference only. They are not intended to define or limit the scope of any provision of this Agreement.

13.5 Conflict of Interest Code. MCAG has adopted a conflict of interest code.

13.6 Disputes. Prior to filing a lawsuit, the parties shall attempt to resolve, in good faith, any and all disputes, claims or controversies arising out of or relating to this Agreement, including decisions and official actions of the Board, by participating in mediation, conducted by a mediator selected by the parties to the dispute. This provision may be invoked by any Member with written notice ("Notice of Mediation") to MCAG, or to the other Agency to the dispute, accompanied by a resolution of the invoking Agency's council or board invoking this provision. MCAG may also invoke this provision through a majority vote of the MCAG Board.
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Once Mediation Notice is received by an Agency, the parties to the dispute, or their respective representative, shall select a mediator with appropriate expertise and experience with dispute resolution. If the parties are not able to stipulate to a mediator, then, within 10 business days of receiving the Mediation Notice, the parties shall simultaneously exchange a list of three mediators. Each party shall propose their list of mediators independently and without sharing their list with any other party. Within five business days of the exchange, the parties shall, independently and without comparing, rank all of the mediators exchanged in numerical order and exchange such rankings. The highest-ranking person shall be designated as the mediator. In the event of a tie, the earliest available person shall be designated as the mediator. If such mediator is not available to serve, or is otherwise conflicted, the parties shall proceed to contact the mediator who was next highest in ranking until they are able to select a mediator. The parties shall have 30 days from receipt of the Notice of Mediation to select a mediator.

The selected mediator, in consultation with the parties, shall establish the time and place of mediation, rules regarding the prompt exchange of information, and the exchange and preparation of written summaries (if necessary). The parties shall attempt in good faith to complete mediation of the dispute within 120 days of selection. The parties may, by unanimous agreement, establish a different timeframe for mediation. Such alternative timeframe must be in writing and agreed to within 90 days from receipt of the Mediation Notice. Such agreement may be executed by the parties' representatives. The parties agree to attend a minimum of two full-day mediation sessions if the matter cannot be resolved sooner. During the course of the mediation, no party can assert the failure to fully comply with the timelines established herein as a reason not to proceed or to delay the mediation.

The service of the Notice of Mediation shall stay the running of any applicable statute of limitations regarding the dispute until 15 days after conclusion of mediation.

Conclusion of the mediation shall occur at the earliest of 1) execution of a settlement 13 212
agreement by all parties to the mediation, 2) declaration of the mediator that mediation is terminated, or 3) at the expiration of 120 days from the selection of the mediator (or alternative agreed upon timeframe for mediation) and the parties have attended two fullday mediation sessions. Each side shall bear an equal share of the mediation costs unless the parties agree otherwise.

The mediation process shall be confidential based on terms acceptable to the mediator and/or mediation service provider.

13.7 Execution in Counterparts. This Agreement may be executed on behalf of the respective Members in one or more counterparts, all of which shall collectively constitute one agreement.

13.8 Authority to Bind. Each person signing below represents and warrants that he or she is authorized, by resolution or similar action, of their respective city council or board of supervisors to bind the Agency on whose behalf he or she executes this Agreement.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates shown in the respective signature blocks.

MERCED COUNTY BOARD OF SUPERVISORS
By: _____________ _ Dated: ___ ______ _
Chairman
ATTEST:

By: ________________ _
Clerk of County Board of Supervisors
Approved as to Legal Form:

By: ________________ _
County Counsel
14 213

CITY OF ATWATER
By: ________________ Dated: ________ _
Mayor
ATTEST:

By: _______________ _
City Clerk
Approved as to Legal Form:

By: _______________ _
City Attorney

CITY OF DOS PALOS
By: ________________ Dated: ________ _
Mayor
ATTEST:

By: _______________ _
City Clerk
Approved as to Legal Form:

By: ______________ _
City Attorney
15 214

CITY OF GUSTINE
By: ________________ Dated: ________ _
Mayor
ATTEST:

By: _______________ _
City Clerk
Approved as to Legal Form:

By: _______________ _
City Attorney

CITY OF LIVINGSTON
By: ________________ Dated: ________ _
Mayor
ATTEST:

By: _______________ _
City Clerk
Approved as to Legal Form:

By: _______________ _
City Attorney
16 215

CITY OF LOS BANOS
By: ________________ Dated: ________ _
Mayor
ATTEST:

By: _______________ _
City Clerk
Approved as to Legal Form:

By: _____________ _
City Attorney

CITY OF MERCED
By: ________________ Dated: ________ _
Mayor
ATTEST:

By: _______________ _
City Clerk
Approved as to Legal Form:

By: _____________ _
City Attorney
17 216

EXHIBIT A

DEFINITIONS
Unless the context otherwise requires, capitalized terms used in this Agreement will have the meanings specified below.

Act
"Act" means the California Joint Exercise of Powers Law (California Government Code Section 6500 et seq.)
Agency/ Agencies
"Agency/Agencies" means the County of Merced, City of Atwater, City of Dos Palos, City of Gustine, City of Livingston, City of Los Banos, and City of Merced.

Agreement
"Agreement" means this Restated Joint Exercise of Powers Agreement, as it may be amended from time to time.

Auditor
Board
Chair
"Auditor" means the Finance Director of MCAG.
"Board" means the governing Board of Directors of MCAG, consisting of representatives from each of the Members as more fully described in Article 7 of this Agreement.
"Chair'' means the Chair of the MCAG Board, as described in Article 7 of this Agreement and the Bylaws.

Director
"Director'' means the Member representatives appointed to serve on the governing Board of Directors.

Environmental Laws
"Environmental Laws" means all federal and state statutes and all county, local, and Agency ordinances concerning public health, safety, and the environment including, by way of example and not limitations, the Comprehensive Environmental 18 217
Response, Compensation, and Liability Act of 1980, 42 USC §9601, et seq.; the Resource Conservation and Recovery Act, 42 USC §6902, et seq.; the Federal Clean Water Act, 33 USC § 1251, et seq.; the Toxic Substances Control Act, 15 USC § 1601, et seq.; the Occupational Safety and Health Act, 29 USC §651, et seq. ; the California Hazardous Waste Control Act, California Health and Safety Code §25100, et seq.; the California Toxic Substances Control Act, California Health and Safety Code §25300, et seq.; the Porter-Cologne Water Quality Control Act, California Water Code §13000, et seq.; the Safe Drinking Water and Toxic Enforcement Act, California Health and Safety Code §25249.5, et seq.; the California Integrated Waste Management Act, California Public Resources Code §40000, et seq., as currently in force or as hereafter amended, and all rules and regulations promulgated thereunder.

Fiscal Year
"Fiscal Year'' means the period commencing on each July 1 and ending on the following June 30.

Legislation
MCAG
"Legislation" means any code, ordinance, resolution, or any other forms or enactment of the Agencies or any Member which now exists or which may hereafter be adopted which constitutes law or regulation.
"MCAG" means Merced County Association of Governments or "Authority".

Member
"Member'' means any Agency (as defined above) which signs onto this Agreement.

Person
Term
"Person" means any individual, firm, association, organization, partnership, corporation, business trust, joint venture, special purpose district, town, city, county, state, or the United States.
"Term" means the period of time specified in Article 4 of this Agreement.

Treasurer
"Treasurer" means the Finance Director of MCAG.
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ITEM 7K
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TO:

FROM:

DATE:

LOsBanos
Al the Crossroads of Cal!fornia
Agenda Staff Report
Mayor & City Council Members
Paul Tualla, Fire Chi~
May 17, 2023
SUBJECT: Measure P Citizens Oversight Committee
TYPE OF REPORT: Consent Agenda
Recommendation:

It is recommended that Council approve the attached Resolution approving the appointment of Stephanie Austin as new committee member to the Measure P Citizens Oversight Committee.

Background:

Ordinance No. 1020 (Measure P) established a seven (7) member Citizens Oversight Committee to represent the community and to insure that Measure P monies are expended as specified in the Ordinance.

The Ordinance also requires the Fire Chief and Police Chief to submit Committee Member names to the City Council for ratification.

Discussion:

The City advertised in the local newspaper for persons interested in serving on the Measure P Citizens Oversight Committee. Staff received a letter of interest from Stephanie Austin requesting appointment to the Measure P Committee. 220
Stephanie Austin is filling in a vacant position that expires on December 31, 2023. The vacant position was held by long time committee member Diana Ingram. We want to thank Diana Ingram for serving on the Measure P Committee for many years.

I feel we have a very good slate of members and would request the Council approve the requested Resolution and committee as submitted.

Fiscal Impact:

No Fiscal Impact.

Josh /nheiro;'City Manager
Attachments:

Ordinance 1020
Resolution
Staff report- Measure P Committee (05-17-23).doc
221
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LOS BANOS APPOINTING MEMBERS TO THE

MEASURE P CITIZENS OVERSIGHT COMMITTEE
WHEREAS, on November 2, 2004 the voters of the City of Los Banos by more than a two thirds margin approved the Los Banos Police, Fire, Public Safety/911 Special Transactions (Sales) and Use Tax known as "Measure P"; and WHEREAS, City Council Ordinance 1020 established a Citizens Oversight Committee to review the revenues and expenditures generated and spent under the Los Banos Police, Fire, Public Safety/911 Special Transactions and Use Tax; and WHEREAS, the Citizens Oversight Committee shall consist of seven (7) individuals who are registered voters within the City of Los Banos; and WHEREAS, the Police Chief and Fire Chief shall together nominate each committee member to be appointed by a motion of the City Council and adopted by majority vote; and
WHEREAS, the members so appointed shall serve without compensation for a term of three (3) years.

NOW, THEREFORE, BE IT RESOLVED that Stephanie Austin has been nominated by the Police Chief and Fire Chief to serve on the Los Banos Measure P Citizens Oversight Committee.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Los Banos does hereby appoint the following individuals to serve on the Los Banos Measure P Citizens Oversight Committee:

Stephanie Austin term ending December 31 , 2023
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of May 2023, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk

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ITEM 8
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TO:

FROM:

DATE:

LC>s Banos , the tf tf , - 01
Agenda Staff Report
Mayor Paul Llanez and City Council Members
Stacy Souza Elms, Community and Economic Development Director Christy McCammond, Housing Program Manager
May 17, 2023
TYPE OF REPORT: Agenda Item
SUBJECT: Consider Adoption of a Resolution Authorizing the Submittal of a Homekey Project Application to the State of California Housing and Community Development (HCD) Department.

Recommendation:

Adopt a resolution directing the Community and Economic Development Department to submit an application to the State of California Housing and Community Development on behalf of the City of Los Banos as a Lead Applicant with Shangri-La Industries as a CoApplicant, in response to the State of California's Notice of Funding Availability for the Homekey Program.

Background:

The City of Los Banos currently has 113 individuals experiencing homelessness based on data collected from the Point-in-Time Count conducted in 2023. There are approximately 20 emergency/interim shelter beds available through the Bridge Housing program funded by the County of Merced and the Merced City and County Continuum of Care.

Affordable housing units are needed in the City for all communities, especially those experiencing homelessness. Without units available for rent or shelter, encampments on the City's streets may remain. The California Department of Housing and Community Development (HCD) Department announced the availability of approximately $736 million I
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of Homekey Program (Homekey) grant funding through the Round 3 Notice of Funding Availability (NOFA). This significant investment continues a statewide effort to sustain'and rapidly expand housing for persons experiencing homelessness or at risk of homelessness, and who are, thereby, disproportionately impacted by and at increased risk for medical diseases or conditions due to the COVID-19 pandemic or other communicable diseases.

Of the $736 million in Homekey funding, $435 million is derived from the Coronavirus State Fiscal Recovery Fund (CSFRF) established by the federal American Rescue Plan Act of 2021 (ARPA) (Public Law 117-2) and $301 million is State General Fund. The $301 million in State General Fund money is intended to supplement the acquisition of, and to provide initial operating subsidies for, Homekey sites to promote Project feasibility.

Funds available to the "San Joaquin" region (includes the following Counties: Fresno, Kern, Kings, Madera, Merced San Joaquin, Stanislaus, and Tulare) are in the amount of $43,252,159.00. This is the amount available for the entire region. Each jurisdiction within the region may apply as a sole applicant or a joint applicant with a nonprofit or for-profit corporation, a limited liability company (LLC), and/or a limited partnership (LP) as a CoApplicant.

Projects receiving an award from the state's direct allocation of the federal ARPA must expend the funds within eight months of the date of award, pursuant to NOFA Section 204. The portion of a Project's award associated with State General Fund must be expended by June 30, 2026, pursuant to NOFA Section 204.

The Department will be accepting the applications on a continuous, over-the-counter (OTC) basis from the release of the Homekey application on April 24, 2023 through July 28, 2023, or until the available funds are exhausted, whichever occurs first.

On October 19, 2022, the Los Banos City Council adopted Resolution No. 6570, authorizing the City's use of Permanent Local Housing Allocation (PLHA) (SB 2) funds within a plan to create permanent supportive housing for people experiencing homelessness and that were designated as eligible activities under SB2. During the October 19, 2022 City Council meeting, Staff received direction to proceed forward with a hotel conversion project.

Permanent Local Housing Allocation Funds are intended to provide a permanent, ongoing source of funding to Local governments for housing-related projects and programs that assist in addressing the unmet housing needs of their communities. These funds can be combined with Homekey project funds to ensure sustainability.

Discussion:

Project Homekey provides substantial funding for the creation of permanent and permanent supportive housing as well as emergency/interim shelter dedicated to people experiencing homelessness. Homekey units provide a unique opportunity for those 2 225
experiencing homelessness to access housing. Rental units on the market currently, are not designated specifically for the homeless population, and the competition for those units is very high. People experiencing homelessness often do not qualify for units on the market due to credit issues, past evictions, and other issues affecting their ability to be approved for a rental. Homekey projects are specifically designed to create accessibility of housing for those experiencing homelessness.

On March 24, 2023, the Community and Economic Development Department issued a Request for Proposals (RFP) seeking qualified non-profit or for-profit candidate(s) that may cooperate with The City on a Homekey project. Through an evaluation process, Shangri-La Industries has been selected as a co-applicant with the City for a Homekey Project.

Shangri-La Industries has won ten Homekey awards and has developed hundreds of affordable housing units all over the State. Their projects have been designated by the State of California as top performing in terms of cost effectiveness. They are experienced and trusted by the State and other local jurisdictions who have benefited from their work.

The Homekey project would be utilized for a hotel conversion project. The unprecedented amount of money the State has devoted to this program is an uncommon opportunity to achieve renovation and to also create units which can lead to the reduction of homeless encampments in our City. With one Homekey project, the City could effectively reduce unsheltered homelessness by 40-50%.

Shangri-La would be a Co-Applicant and therefore a party to the Standard Agreement with the State. The property would be owned, operated, and maintained by Shangri-La Industries. Risk to the City is mitigated by the structure of the Homekey project. The project site would be deed restricted for 55 years to ensure the units remain in use for affordable housing.

Fiscal Impact:

The City would request up to $15 million dollars from the State to devote to Capital/Rehabilitation, and Operating Subsidies. Current Permanent Local Housing Allocation (PLHA), SB2 funds in the amount of $1.2 Million dollars would be allocated to the project. Future PLHA funds would be devoted to ongoing operating subsidies. The City could also apply for future grant funds each year to further support the project.

Joshe,1;in eiro,FCity Manager Brent
~ Kuhn, Interim Finance Director
Attachments:

1. Resolution
3 THIS PAGE IS INTENTIONALLY LEFT BLANK
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RESOLUTION NO. ---

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AUTHORIZING A JOINT

APPLICATION AND PARTICIPATION IN THE

HOMEKEY PROGRAM
WHEREAS, the Department of Housing and Community Development ("Department") has issued a Notice of Funding Availability, dated March 29, 2023 ("NOFA"), for the Homekey Program ("Homekey" or "Program"). The Department has issued the NOFA for Homekey grant funds pursuant to Health and Safety Code section 50675.1.3 (Assembly Bill No. 140 (2021-2022 Reg. Sess.), § 20.).

WHEREAS, the City of Los Banos ("Co-Applicant") desires to jointly apply for Homekey grant funds with Shangri-La Industries ("Corporation"). Therefore, Co-Applicant is joining Corporation in the submittal of an application for Homekey funds ("Application") to the Department for review and consideration.

WHEREAS, the Department is authorized to administer Homekey pursuant to the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code). Homekey funding allocations are subject to the terms and conditions of the NOFA, the Application, the Department-approved STD 213, Standard Agreement ("Standard Agreement"), and all other legal requirements of the Homekey Program.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby:

1. Co-Applicant is hereby authorized and directed to submit a joint Application to the Department in response to the NOFA, and to jointly apply for Homekey grant funds in a total amount not to exceed $15,000,000.00.

2. If the Application is approved, Co-Applicant is hereby authorized and directed to enter into, execute, and deliver a Standard Agreement in a total amount not to exceed $15,000,000.00, any and all other documents required or deemed necessary or appropriate to secure the Homekey funds from the Department and to participate in the Homekey Program, and all amendments thereto (collectively, the "Homekey Documents").

3. Co-Applicant acknowledges and agrees that it shall be subject to the terms and conditions specified in the Standard Agreement, and that the NOFA and Application will be incorporated in the Standard Agreement by reference and made a part thereof. Any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Standard Agreement. Funds are to be used for the allowable expenditures and activities identified in the Standard Agreement.
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r

4. The City Manager or designee are authorized to execute the Application and the Homekey Documents on behalf of Co-Applicant for participation in the Homekey Program.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of May 2023, by Council Member ___ who moved its adoption, which motion was duly seconded by Council Member _ __ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
2 ITEM 9
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LOsBanos
At tile Crossroads of Ca ~ ;_., · ia
Agenda Staff Report
TO: Mayor Llanez & City Council Members
FROM: William A Vaughn, City Attorney
DATE: May 17, 2023
TYPE OF REPORT: Regular Agenda
SUBJECT: CONSIDERATION OF ACCEPTANCE OF GRANT DEEDS FROM

THE LOS BANOS DESIGNATED LOCAL AUTHORITY, AS

SUCCESSOR AGENCY TO THE FORMER LOS BANOS

REDEVELOPMENT AGENCY TO THE CITY OF LOS BANOS
[APN No. 025-054-006; 025-053-002 and 081-110-048]

RECOMMENDATION

1. Adopt Resolution No __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS

ACCEPTING THE GRANT DEED FROM THE LOS BANOS DESIGNATED

LOCAL AUTHORITY, AS SUCCESSOR AGENCY TO THE FORMER LOS
BANOS REDEVELOPMENT AGENCY TO THE CITY OF LOS BANOS [APN No. 025-054-006]

2. Adopt Resolution No __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS

ACCEPTING THE GRANT DEED FROM THE LOS BANOS DESIGNATED

LOCAL AUTHORITY, AS SUCCESSOR AGENCY TO THE FORMER LOS
BANOS REDEVELOPMENT AGENCY TO THE CITY OF LOS BANOS [APN No. 025-053-002 and 081-110-048]
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BACKGROUND
AB1x 26 was enacted in June 2011 and after a California Supreme Court ruling, all redevelopment agencies (over 400 statewide) in California were dissolved effective February 1, 2012.

The Los Banos Designated Local Authority (DLA), as Successor Agency to the Los Banos Redevelopment Agency, is the successor entity to the former Redevelopment Agency and is responsible for the wind-down of the affairs of the former Redevelopment Agency, including without limitation the disposition of assets and properties of the former Redevelopment Agency.

In accordance with applicable law, the transfer of the below described properties to the City was approved by the Oversight Board to the Designated Local Authority on June 29, 2018. The Oversight Board approval was submitted to the California Department of Finance in accordance with applicable law, which approved the transfer of the properties by letter dated September 20, 2018.

The City Council previously on August 18, 2021, November 3, 2021, December 15, 2021, January 5, 2022, and January 19, 2022 approved acceptance of the following fifteen (15) parcels from the DLA:
• APN No. 025-054-007: This is a 1.15 acre parcel located on 2nd and G Street; currently zoned Rail Corridor (RC); developed with a public walking trail and neighborhood park - former Pacheco Oil Site.
• APN No. 025-072-036: This is a 7.85 acre parcel located on H Street between 4th and i h Street; currently zoned Rail Corridor (RC); developed with a public walking trail and the Henry Miller Plaza.
• APN No. 025-114-013: This is a 1.1 acre parcel located on G Street between 9th Street (future) and 10th Streets (future); currently zoned Rail Corridor (RC); undeveloped.
• APN No. 025-114-011: This is a 0.92 acres parcel located on ih and G Street; currently zoned Rail Corridor (RC); undeveloped.
• APN No. 026-141-001: This is a 0.86 acre parcel located on 10th Street (future) and G Street; currently zoned Rail Corridor (RC); undeveloped. • APN No. 083-100-081: This is a 11. 79 acre parcel located on Ward Road and Gilbert Gonzalez Jr Drive; currently zoned Public Facility (P-F) and Neighborhood Commercial (C-N); partially developed with a public water storage tank facility and storm drainage system. This parcel is immediately east of the Gilbert Gonzalez Apartments.
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• APN No. 083-100-084: This is a 8.21 acre parcel located on Gilbert Gonzalez Jr Drive; currently zoned High Density Residential (R-3); currently undeveloped.

This parcel is immediately west of the Gilbert Gonzalez Apartments. • APN No. 025-201-010: This is a 0.13 acre parcel located downtown Los Banos at 644/646 I Street; currently zoned Mixed (M-X); undeveloped. • APN No. 026-141-002: This is a .68 acre parcel located between Mercey Springs Road and the future 10th Street extension; currently zoned Rail Corridor (RC); partially developed with a public walking trail.
• APN No. 026-161-001: This is a 2.20 acre parcel located between Mercey Springs Road and the future 10th Street extension; currently zoned Rail Corridor (RC); partially developed with a public walking trail.
• APN No. 026-171-011: This is a 1.3 acre parcel located between Mercey Springs Road and the future 10th Street extension; currently zoned Rail Corridor (RC); partially developed with a public walking trail.
• APN No. 025-114-010: This is a 5.63 acre parcel located between 7th Street and the future 10th Street extension; currently zoned Rail Corridor (RC); developed with a public walking trail.
• APN No. 025-114-005: This is a 0.18 acre parcel located on G Street and 9th Street (future); currently zoned Rail Corridor (RC); undeveloped. • APN No. 025-054-005: This is a 3.2 acre parcel located between 2nd Street and 4th Streets and between G Street and H Street; currently zoned Rail Corridor (RC); developed with a public walking trail.
• APN No. 083-100-067: This is a 6.5 acre parcel located between Ward Road and Place Road currently zoned Rail Corridor (RC); developed with a public walking trail.

DISCUSSION
The following two parcels (APN No. 025-054-006, 025-053-002 and 081-110- 048) are now being presented to the City Council for acceptance. These parcels are the final parcels proposed to be transferred to the City from the DLA. On September 1, 2021 representatives of the DLA made a presentation to the City Council concerning these two parcels and the City Council indicated an interest in accepting the parcels from the DLA subject to completion of environmental remediation by the DLA.

Remediation has now been completed.
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1. APN No. 025-054-006: This is a 2.02 acre parcel located at 201 -799 H Street between 2nd Street and 4th Streets; currently zoned Rail Corridor (RC); undeveloped.

Note: the City controls the parcels to the north of the subject parcel.

On September 22, 2022 Merced County Oversight Board approved the transfer to the City. On December 27, 2022 the California Department of Finance approved the transfer to the City for future development.

The compensation agreement and first amendment entered into by the City of Los Banos and the other taxing entities also provides that this parcel is designated for future development.

The future development property is to be disposed of by the City and developed consistent with the Redevelopment Plans adopted by the Redevelopment Agency.

When sold the net proceeds are to be divided proportionately with the other taxing entities.

On December 30, 2022 the DLA and the Central Valley Regional Water Quality Control Board recorded a land use covenant restricting the use of portions of this parcel to non-residential uses due to residual arsenic impacts. The pertinent restrictive provisions of the LUC are set forth as follows:
"The Restricted Property may not be put to any of the following uses by Owners/Occupants:
(1) A residence, including any mobile home or factory-built housing, used as residential human habitation.
(2) A hospital or urgent care center for humans.
(3) A public or private school for persons under 18 years of age. (4) A day care center for children."
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In addition, no activities that will disturb the soil (e.g., digging, excavation, grading, removal, trenching, filling, earth movement or mining), shall be allowed within the impacted areas without prior written approval from the Central Valley Regional Water Quality Control Board.

On March 16, 2023 Central Valley Regional Water Quality Control Board issued a notice of No Further Action for the subject parcel concerning arsenic impacts to soil at the site.

While the No Further Action Letter may represent a determination by a regulatory agency that a particular party has satisfied its obligations to remediate a release of hazardous substances under an environmental statute, the NFA letter usually will not operate to cut off potential common law toxic tort claims for bodily injury or property damage.

On April 3, 2023 the City obtained a condition of title guarantee from TransCounty Title Company. The guarantee shows the title to the property vested in Redevelopment Agency of The City Los Banos. There are no exceptions to title which are major concerns which would affect the City Council's decision to accept the Grant Deed.

2. APN No. 025-053-002 and 081-110-048: A 1.222 acre parcel located at 715 2nd Street; currently zoned Rail Corridor (RC); developed with a railroad concrete loading dock and asphalt parking area.
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On September 22, 2022 Merced County Oversight Board approved the transfer to the City. On December 27, 2022 the California Department of Finance approved the transfer to the City for future development.

The compensation agreement and first amendment entered into by the City of Los Banos and the other taxing entities also provides that this parcel is designated for tutu re development.

The future development property is to be disposed of by the City and developed consistent with the Redevelopment Plans adopted by the Redevelopment Agency.

When sold the net proceeds are to be divided proportionately with the other taxing entities.

On December 30, 2022 the DLA and the Central Valley Regional Water Quality Control Board recorded a land use covenant restricting the use of portions of this parcel to non-residential uses due to residual arsenic impacts. The pertinent restrictive provisions of the LUC are set forth as follows:
"The Restricted Property may not be put to any of the following uses by Owners/Occupants:
(1) A residence, including any mobile home or factory-built housing, used as residential human habitation.
(2) A hospital or urgent care center for humans.
(3) A public or private school for persons under 18 years of age. (4) A day care center for children."
In addition, no activities that will disturb the soil (e.g., digging, excavation, grading, removal, trenching, filling, earth movement or mining), shall be allowed within the impacted areas without prior written approval from the Central Valley Regional Water Quality Control Board.

On March 16, 2023 Central Valley Regional Water Quality Control Board issued a notice of No Further Action required for the subject parcel concerning arsenic impacts to soil at the site.

FINANCIAL IMPACT
None.

CONCLUSION
Government Code Section 27281 requires that deeds conveying an interest in real property to a governmental agency for public purposes may be accepted for recordation only with the consent of the agency evidenced by a resolution. In order to accept title to any real property interest, the City Council must authorize acceptance and recordation of title with the County Recorder.
ity Manager Brent Kuhn, Interim Finance Director
Attachments:

Proposed Resolutions

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RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS

ACCEPTING THE GRANT DEED FROM THE LOS BANOS DESIGNATED

LOCAL AUTHORITY, AS SUCCESSOR AGENCY TO THE FORMER LOS

BANOS REDEVELOPMENT AGENCY TO THE CITY OF LOS BANOS
[APN No. 025-054-006]
WHEREAS, pursuant to Assembly Bill 1X 26, enacted in June 2011, and as modified by the Supreme Court of the State of California in the matter of California Redevelopment Association, et al. v. Ana Matosantos, et al, Case No. S194861, and further modified by Assembly Bill 1484, enacted in June 2012, and other subsequent legislation, the Los Banos Redevelopment Agency was dissolved effective February 1, 2012;and
WHEREAS, the Los Banos Designated Local Authority, As Successor Agency to the Los Banos Redevelopment Agency, a public entity organized and existing under California Health and Safety Code Section 34173(d)(3)(A), is the successor entity to the former Redevelopment Agency and is responsible for the wind-down of the affairs of the former Redevelopment Agency, including without limitation the disposition of assets and properties of the former Redevelopment Agency; and
WHEREAS, in accordance with applicable law, the transfer of the Property was approved by the Oversight Board to the Designated Local Authority on September 22, 2022, by Oversight Board Resolution 2022-11. The Oversight Board approval was submitted to the California Department of Finance in accordance with applicable law, which approved the sale and transfer of the Property by letter dated December 27, 2022.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos as follows:

SECTION I: The recitals set forth above are true and correct and are incorporated into this Resolution by reference.

SECTION 2: The City hereby accepts the grant deed, attached hereto from the Successor Agency of the former Los Banos Redevelopment Agency to the City of Los Banos.

SECTION 3: The City Council authorizes the City Manager to execute the Certificate of Acceptance.
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The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the _ day of ___ _ 2023, by City Council Member ____ , who moved its adoption, which motion was duly seconded by City Council Member ____ , and the Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

CITY OF LOS BANOS
520 J STREET
LOS BANOS, CA 93635
RE: APN No: 025-054-006

EXEMPT FROM RECORDING FEES PURSUANT
TO GOVERNMENT CODE SECTION 27383

SPACE ABOVE THIS LINE FOR RECORDER'S USE
Grant Deed
Pursuant to Assembly Bill 1X 26, enacted in June 2011, and as modified by the Supreme Court of the State of California in the matter of California Redevelopment Association, et al. v.

Ana Matosantos, et al, Case No. S 194861, and further modified by Assembly Bill 1484, enacted in June 2012, and other subsequent legislation (collectively, the "Dissolution Act'), the Los Banos Redevelopment Agency ("Redevelopment Agency") was dissolved effective February 1, 2012.

The LOS BANOS DESIGNATED LOCAL AUTHORITY, AS SUCCESSOR AGENCY TO THE LOS BANOS REDEVELOPMENT AGENCY, a public entity organized and existing under California Health and Safety Code Section 34173( d)(3)(A), is the successor entity to the former Redevelopment Agency and is responsible for the wind-down of the affairs of the former Redevelopment Agency, including without limitation the disposition of assets and properties of the former Redevelopment Agency. In accordance with applicable law, the transfer of the Property was approved by the Oversight Board to the Designated Local Authority on September 22, 2022, by Oversight Board Resolution 2022-11. The Oversight Board approval was submitted to the California Department of Finance in accordance with applicable law, which approved the sale and transfer of the Property by letter dated December 27, 2022.

ACCORDINGLY, FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Granter, LOS BANOS DESIGNATED LOCAL AUTHORITY, AS SUCCESSOR AGENCY TO THE LOS BANOS REDEVELOPMENT AGENCY, a public entity organized and existing under California Health and Safety Code Section 34173( d)(3)(A) hereby GRANT(S) to
Grantee, CITY OF LOS BANOS, a municipal corporation

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All of its right, title and interest in and to the following described real property in the City of Los Banos, County of Merced, State of California:

SEE ATTACHED EXHIBIT A
Dated: ____ , 2023 LOS BANOS DESIGNATED LOCAL AUTHORITY, AS

SUCCESSOR AGENCY TO THE LOS BANOS
REDEVELOPMENT AGENCY, a public entity organized
and existing under California Health and Safety Code
Section 34173( d)(3)(A)
By:--------------
Michael Amabile, Chairman

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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of
On
)
---------
personally appeared
before me, , Notary Public
(insert name and title of the officer)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

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EXHIBIT A

LEGAL DESCRIPTION
Real property located in the City of Los Banos, County of Merced, State of California, described as follows:

All that portion of the Railroad Reservation and those certain Lots and Blocks as shown by a "Map of the Town of Los Banos, Merced County, Cal. on Line of San Pablo and Tulare Railroad" filed for record on October 29, 1892 in Volume 2 of Official Plats, Page 21 thereof, Merced County Records, lying within Section 14, Township 10 South, Range 10 East, Mount Diab lo Base and Meridian, being more particularly described as follows:

Beginning at the Northerly comer of Block 57 of said "Town" map, also being on the Southeasterly line of Second Street, 80.00 feet wide, thence South 61 deg. 18' 00" East along the Northeasterly line of said Block 57 and the Southwesterly line of said 3.201 parcel, a distance of 880.00 feet to a point on the Northwesterly line of the Fourth Street prescriptive right-of-way, 80.00 feet wide, as shown by said Quit Claim Deed; Thence, South 28 deg. 42' 00" West, along said right of way, a distance of 100.00 feet to the Northeasterly line of "H'' Street, 80.00 feet wide;
Thence, North 61 deg. 18' 00" West, along said line of"H'' Street, a distance of880.00 feet to the Southeasterly line of Second Street and the Southwesterly comer of said Block 57; Thence, North 28 deg. 42' 00" East, along said Southeasterly line of Second Street, a distance of 100.00 feet to the point of beginning.

Assessor's Parcel No.: 025-054-006-000
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CERTIFICATE OF ACCEPTANCE
Government Code, Section 27281
THIS IS TO CERTIFY that the interest in real property conveyed by Grant Deed dated _, 2023 from the LOS BANOS DESIGNATED LOCAL AUTHORITY, AS SUCCESSOR AGENCY TO THE LOS BANOS REDEVELOPMENT AGENCY to the CITY OF LOS BANOS, a municipal corporation, is hereby accepted by the undersigned officer on behalf of the City Council of the City of Los Banos ("City Council") pursuant to authority conferred by Resolution No. __ of the City Council adopted on ____ _ , 2023 and the City of Los Banos consents to recordation thereof by its duly authorized officer.

CITY OF LOS BANOS, a municipal corporation
By:
--------------- Josh Pinheiro, City Manager
ATTEST:

By: ____________ _
Lucille Mallonee, City Clerk
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State of California
County of
On - --------
personally appeared
before me, , Notary Public
(insert name and title of the officer)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

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RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS

ACCEPTING THE GRANT DEED FROM THE LOS BANOS DESIGNATED

LOCAL AUTHORITY, AS SUCCESSOR AGENCY TO THE FORMER LOS

BANOS REDEVELOPMENT AGENCY TO THE CITY OF LOS BANOS
[APN No. 025-053-002 & 081-110-048]
WHEREAS, pursuant to Assembly Bill 1X 26, enacted in June 2011, and as modified by the Supreme Court of the State of California in the matter of California Redevelopment Association, et al. v. Ana Matosantos, et al, Case No. S194861, and further modified by Assembly Bill 1484, enacted in June 2012, and other subsequent legislation, the Los Banos Redevelopment Agency was dissolved effective February 1, 2012; and
WHEREAS, the Los Banos Designated Local Authority, As Successor Agency to the Los Banos Redevelopment Agency, a public entity organized and existing under California Health and Safety Code Section 34173(d)(3)(A), is the successor entity to the former Redevelopment Agency and is responsible for the wind-down of the affairs of the former Redevelopment Agency, including without limitation the disposition of assets and properties of the former Redevelopment Agency; and
WHEREAS, in accordance with applicable law, the transfer of the Property was approved by the Oversight Board to the Designated Local Authority on September 22, 2022, by Oversight Board Resolution 2022-10. The Oversight Board approval was submitted to the California Department of Finance in accordance with applicable law, which approved the sale and transfer of the Property by letter dated December 27, 2022.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos as follows:

SECTION I: The recitals set forth above are true and correct and are incorporated into this Resolution by reference.

SECTION 2: The City hereby accepts the grant deed, attached hereto from the Successor Agency of the former Los Banos Redevelopment Agency to the City of Los Banos.

SECTION 3: The City Council authorizes the City Manager to execute the Certificate of Acceptance.
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The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the __ day of ____ 2023, by City Council Member ____ , who moved its adoption, which motion was duly seconded by City Council Member ____ , and the Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
251

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

CITY OF LOS BANOS
520 J STREET
LOS BANOS, CA 93635
RE: APN No: 025-053-002 & 081-110-048

EXEMPT FROM RECORDING FEES PURSUANT
TO GOVERNMENT CODE SECTION 27383

Ana Matosantos, et al, Case No. S194861, and further modified by Assembly Bill 1484, enacted in June 2012, and other subsequent legislation (collectively, the "Dissolution Act'), the Los Banos Redevelopment Agency ("Redevelopment Agency") was dissolved effective February 1, 2012.

The LOS BANOS DESIGNATED LOCAL AUTHORITY, AS SUCCESSOR AGENCY TO THE LOS BANOS REDEVELOPMENT AGENCY, a public entity organized and existing under California Health and Safety Code Section 34173(d)(3)(A), is the successor entity to the former Redevelopment Agency and is responsible for the wind-down of the affairs of the former Redevelopment Agency, including without limitation the disposition of assets and properties of the former Redevelopment Agency. In accordance with applicable law, the transfer of the Property was approved by the Oversight Board to the Designated Local Authority on September 22, 2022, by Oversight Board Resolution 2022-10. The Oversight Board approval was submitted to the California Department of Finance in accordance with applicable law, which approved the sale and transfer of the Property by letter dated December 27, 2022.

ACCORDINGLY, FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Grantor, LOS BANOS DESIGNATED LOCAL AUTHORITY, AS SUCCESSOR AGENCY TO THE LOS BANOS REDEVELOPMENT AGENCY, a public entity organized and existing under California Health and Safety Code Section 34173(d)(3)(A) hereby GRANT(S) to
Grantee, CITY OF LOS BANOS, a municipal corporation

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All of its right, title and interest in and to the following described real property in the City of Los Banos, County of Merced, State of California:

SEE ATTACHED EXHIBIT A
Dated: ____ , 2023 LOS BANOS DESIGNATED LOCAL AUTHORITY, AS

SUCCESSOR AGENCY TO THE LOS BANOS
REDEVELOPMENT AGENCY, a public entity organized
and existing under California Health and Safety Code
Section 34173( d)(3)(A)
By: _____________ _
Michael Amabile, Chairman

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I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

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EXHIBIT A

LEGAL DESCRIPTION
Real property located in the City of Los Banos, County of Merced, State of California, described as follows:

All that portion of the Railroad Reservation as shown by a "Map of The Town of Los Banos, Merced County, Cal. on Line of San Pablo and Tulare Railroad" filed for record on October 29, 1892 in Volume 2 of Official Plats, Page 21 thereof, Merced County Records, lying within Section 14, Township 10 South, Range 10 East, Mount Diablo Base and Meridian, and all that portion of the San Pablo and Tulare Railroad as shown by Deed recorded on November 16, 1889 in Book 29 of Deeds at Page 341, Merced County Records also shown as San Pablo and Tulare Railroad by a map of"Miller & Lluc's Subdivision of Lands at Los Banos, Merced Co., Cal." filed for record on November 28, 1890 in Volume 2 of Official Plats, Page 18 thereof, Merced County Records, lying within Section 15, Township 10 South, Range 10 East, Mount Diab lo Base and Meridian, being more particularly described as follows:

Beginning at the Southwest comer of Block 45 of said "Town" map, thence South 61 deg. 18' 00" East, along the Southwesterly line of said Block 45, a distance of 300.20 feet to the Northwesterly line of Second Street, 80.00 feet wide;
Thence, South 28 deg. 42' 00" West, along the Southwesterly prolongation of the Northwesterly line of Second Street, a distance of 100.00 feet to the Northeasterly comer of Block 58 of said "Town" map; Thence, continuing South 28 deg. 42' 00" West, along the Southeasterly line of said Block 58, a distance of90.00 feet;
Thence, North 44 deg. 12' 47" West, along that certain indenture granting an easement for street or highway purposes to the City of Los Banos by Southern Pacific Railroad Company and its lessee Southern Pacific Company on February 7, 1924, a distance of246.76 feet to the Westerly boundary of the Town of Los Banos, according to said "Town" map;
Thence, North 00 deg. 00' 00" East, along said "Town" boundary, a distance of20.00 feet the Northwest comer of said Block 58 and the Southwesterly line of said san Pablo and Tulare Railroad, 100.00 feet wide; Thence, North 61 deg. 21' 00" West, along said Southwesterly line, a distance of 159 .44 feet; Thence, North 28 deg. 39' 00" East, perpendicular to last said line, a distance of 100.00 feet to the Northeasterly line of said San Pablo and Tulare Railroad;
Thence, South 61 deg. 21' 00" East, along said Northeasterly line, a distance of 104.80 feet to the point of beginning.

Excepting therefrom, all minerals and all mineral rights of every kind and character now known to exist or hereafter discovered and underlying the property, including, without limiting the generality of the foregoing, oil, gas and rights thereto, together with the sole, exclusive and perpetual right to explore for, remove and dispose of said minerals by any means or methods suitable to grantor, its successors and assigns, but without entering upon or using the surface of the property and in such manner as not to damage the surface of the property or to interfere with the use thereof by Grantee, its successors and assigns as reserved by Union Pacific Railroad Company, a Delaware corporation by Quitclaim Deed recorded November 9, 2001 in Book 4309 of Official Records, Page 85 as Series No. 51127, Merced County.

Assessor's Parcel No.: 025-053-002-000; 081-110-048-000 258

CERTIFICATE OF ACCEPTANCE
Government Code, Section 27281
THIS IS TO CERTIFY that the interest in real property conveyed by Grant Deed dated ____ __ , 2023 from the LOS BANOS DESIGNATED LOCAL AUTHORITY, AS SUCCESSOR AGENCY TO THE LOS BANOS REDEVELOPMENT AGENCY to the CITY OF LOS BANOS, a municipal corporation, is hereby accepted by the undersigned officer on behalf of the City Council of the City of Los Banos ("City Council") pursuant to authority conferred by Resolution No. __ of the City Council adopted on ____ _ , 2023 and the City of Los Banos consents to recordation thereof by its duly authorized officer.

CITY OF LOS BANOS, a municipal corporation
By: --------------------- Josh Pinheiro, City Manager
ATTEST:

By: ____________ _
Lucille Mallonee, City Clerk
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I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

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ITEM 10
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LOsBanos
At the Crossroads o.f California
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Joe Heim, Public Works Operations Manager c, {) -. L__ Soknirorn Than, P.E., Public Works Director/City Engineer~/ DATE: May 17, 2023
TYPE OF REPORT: Agenda Item
SUBJECT: Authorize the Execution of a Contract for Landscape Maintenance Services Recommendation:

That the City Council authorize the City Manager to execute a Professional Services Contract with Ronnys Inc., to provide Landscape Maintenance Services for City-owned landscape areas, to commence on July 1, 2023.

Background:

The City of Los Banos is currently in a Landscape Maintenance Services contract for parks, streetscapes and planters. Landscape services provide safe and usable assets in the community that are aesthetically pleasing. This could result in an increase of property values and improve the standards of living.

In the 1990s, the City transitioned landscape services from internal City labor to contracted services. Contracting the services provides opportunity for cost savings to the City. Current Park Division staffing levels is insufficient to provide full capacity service and will need significant financial investment to transition back to an internal services model.

The current Landscape Maintenance Services contract with Ronnys Inc. commenced on October 2, 2014. This contract expires on June 30, 2023. This contract provides two primary services:
• Landscape maintenance services
o This service includes mowing, shrub trimming, weed control, edging and blowing services. Landscape improvements such as the addition of lighting, fencing, new plants and trees are paid for from separate line items within 262
available budgets and are planned for under a Capital Improvement program.
o Once every two weeks (bi-weekly) landscape services are assigned for all locations except at AG Sports Complex, Colorado Ballpark and 7th St.

Ballpark. These locations are assigned weekly services due to the functions of these parks. During the life of the current contract, the contractor has regularly provided additional weekly mowing services of all park locations at no additional charge.
• Irrigation maintenance services.
o This service is provided on a weekly basis. The Contractor operates, maintains, repairs and controls all irrigation systems. The Contractor assumes the irrigation as is and must ensure there is adequate water to achieve healthy growth. Repairs are generally made within 24 hours of notification. The City pays for material expenses for irrigation repairs, in addition to expenses obligated by the contract's regular maintenance.

The current Landscape Maintenance Services contract provides services to park and planter locations within the City of Los Banos boundary. Parks include pocket parks, neighborhood parks, large green spaces, basins, and sports fields. There are an estimated 45 park locations. Planters include medians, right-of-ways, wall planters, trails and landscape surrounding facilities such as City Hall and the Fire Station. There are over 300 unique sections of planters identified within 150 planter ID locations in the city.

The Landscape Maintenance Services contract has two primary funding sources: the General Fund and the Lighting and Landscape Districts (LLD). The General Fund is the main operational fund for the City. Non-district locations are funded by the General Fund.

These include primarily older and central sections of the City such as Big Page Park, downtown tree planters, Colorado Ballpark and newer developments such as the Community Center and Henry Miller Plaza. The General Fund also provides funding for additions such as the Dog Park at AG Sports Complex.

The Lighting and Landscape Districts are assessment districts that provide funding for maintenance, repair, and replacement of assets in a defined district. There are 18 districts in Los Banos, with the oldest district being over 30 years old. LLD's are derived from the Landscape and Lighting Act of 1972. The LLD's vary in size and require different services.

For example, District 11 has 42.10 acres of landscape and six park locations, while District 15 has 0.319 acres and consists of zero park locations.

Each Lighting and Landscape District has a unique budget. The LLD budgets provide funding for the Landscape Maintenance Services contract, general park maintenance, sidewalk maintenance, fence maintenance, lighting maintenance and storm drain maintenance. The LLD's also provide capital funding that may include playground replacements, irrigation system upgrades, pump replacements, shade structures, or storm station improvements. The LLD budgets also provides funding in line items for water & sewerage, and electricity & gas. Additionally, the LLD's presently provide funding for 65% of seven Parks Division employees and 100% of two Park Division employees. 263
This is referred to as a "charge-out." An example of an ineligible expense in the districts would be street rehabilitation.·
The LLD's are funded by assessments which are collected in conjunction with property taxes on parcels within the boundary of the district. These assessments vary by district and can vary within a district based on if the parcel is residential or commercial and when the parcel was accepted. Annually, LLD assessments can be increased in the amount between 0-10% in all but two districts. District 11 and District 12 have 5% maximum increases annually. Assessment increases are based on the Engineer's report of the impact of the district and approved by City Council annually. The last report was presented to City Council on June 1, 2022.

LLD's operate as individual budgets, with revenue surpluses resulting in funding reserves.

Funding reserves provide for future capital planning for larger maintenance and rehabilitation activities. A five years CIP funding plan was presented to Council during the LLD presentation in June 2022. Districts that have expenditures that exceed revenues and lack a funding reserve, fall into deficit. This requires a loan from the General Fund, with a re-payment period of 5 years. Historically, there have been over 10 districts that were in deficit, but presently, there are two districts (District 11 and District 19) that are in deficit.

Discussion:

The current Landscape Maintenance Services contract expires on June 30, 2023. On February 28th, 2023 a Request for Proposals (RFP) soliciting proposals for Landscape Maintenance Services was released to the public. The RFP includes a 5-year contract.

The RFP requests three overarching services: landscape maintenance, irrigation maintenance and reporting/inspection services. The RFP also requested two alternatebid options to provide once annual over-seeding at park and complex locations and twice annual fertilizer application at park and complex locations.

The RFP's fee schedule identifies three location types within City landscape: complexes ( sports fields such as 7th St. Ballpark, Colorado Ballpark, AG Sports Complex and Oliveira fields), parks (such as neighborhood park locations and including locations such as City Hall and Fire Station landscape), and planters (such as right-of-ways, medians and wall planters).

The RFP can be divided into two main services. Irrigation Maintenance and Landscape Maintenance. A full scope of services is provided in the Landscape Maintenance Services RFP.
o Landscape Maintenance includes:
■ Mowing.
■ Edging.
■ Open Space and Playground Surfaces (weed control).
■ Paved Surfaces (weed control).
■ Shrub care and Ground Cover care.
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o Irrigation Maintenance services include:
■ Operating, maintaining, repairing and controlling all irrigation. ■ Water will be delivered during non-use hours.
■ Preventative system checks monthly.
■ Repairs are to be made within 24 hours of notification.

Service frequency varies based on location type. Complexes receive landscape maintenance once weekly year-round. Park and Planter locations receive landscape maintenance once every two weeks (bi-weekly) from November to February (low grow season and once weekly March through October (high grow season). Complex and Park locations receive year-round weekly irrigation maintenance. Planter locations receive once every two weeks (bi-weekly) service from November through February and once weekly March through October.

Reporting/inspection services are also required about the RFP. A reporting system shall be accessible on a monthly basis. Inspections shall provide indication of completed work and areas that require attention. A historical record of site visits shall be kept and be available to the City representative.

The RFP included two Alternate Bid items.
o Alternative Bid Item #1 :
■ The Contractor shall over-seed turf areas once annually with annual rye grass with approval of the City representative.
o Alternative Bid Item #2:
■ The Contractor shall apply fertilizer twice annually to turf areas with the approval of the City representative.
• a. Application shall occur once in the spring and once in the fall.
• b. All applications shall be a balanced fertilizer with nitrogen, phosphorous and potassium (NPK) based on site-specific
soil analysis. Micronutrient applications may be applicable. • c. All products to be used shall be reviewed and approved by the City representative prior to application.

The RFP results included four submissions. Two submissions, Joe's Landscaping & Concrete Inc. and California Turf and Landscape failed to meet the requirements of the RFP. The remaining submissions were provided by Brightview Landscape Services and Ronnys Inc. The submissions were scored and ranked by a panel based on their proposals.

Ronnys Inc. received higher scoring in both proposal and fee schedule categories. The annual expenses related to the base bid for Ronnys Inc. is $682,049.16. Brightview proposed $748,825.68. For base bid and alternate bid services, Ronnys Inc., provided a proposal of $748,919.98. Brightview provided a proposal of $923,972.88. The current contract, approved in 2014 is $556,755.00 annually.
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City staff recommends selecting Ronnys Inc for Landscape Maintenance Services and including both alternate bid items in the services. This recommendation would result in a $30,075.68 increase to General Fund expenditures. This recommendation would result in a total increase of $162,089.30 throughout all of the LLDs.

The total fiscal impact of the current Landscape Maintenance Services contract was anticipated to increase both due to the level of service increase as well as the material and cost escalation since the contract was last approved in 2014.

The LLD's are individual budgets and fund balances for each district. During Fiscal Year 2022-2023 a sizable increase occurred to the staff charge-out line item due to increased salaries in Fall 2022. The Landscape Maintenance Services contract also provides a sizable increase to LLD expenditures. As of Fiscal Year 2023-2024, Parks and Recreation staff projects one District to be in deficit (District 11 ). However, by Fiscal Year 2027-2028, Parks and Recreation projects that three districts will be in deficit. Two districts are limited by 5% maximum assessment increases (District 11 and District 12) and the remaining district is the City's smallest (District 15). By Fiscal Year 2028-2029 it anticipated that District 15 will have higher revenues than expenditures, indicating a healthy district.

There are several variables to consider when evaluating the LLD budgets:
• Assessment rates: Rates may be increased annually between 0-10% in all districts except two. District 11 and District 12 have 5% maximum increases.

These assessment increases provide funding for changes to the budget including water, sewerage, electricity, and gas increases. • The development of future landscape and parks: New developments are typically adopted into LLD boundaries. These new developments increase the cost of the contract with each square foot of landscape added. • Development: As developments are approved in the LLDs, new parcels provide additional revenue to the LLDs.
• Capital projects: Capital projects are a vital part of the LLD budget plan for each district. As the existing LLD infrastructure ages, funding for capital projects will need to be available.
• Future Water Conservation: Drought conditions often require the State to limit water usage. Flexibility in the LLDs reserves will position the City to transition landscape to drought tolerant design CIP in the future. • Operational flexibility: Line items such as fence maintenance, sidewalk maintenance, storm drain maintenance and sign maintenance have commonly been budgeted minimally due to limited funding. The Parks Maintenance line item is a separate line item from the Landscape Maintenance Services contract and provides funding for irrigation repairs (materials only) and small projects. These small projects include the addition of solar lighting, facility repair, small playground repairs, and graffiti abatement. The Charge-out line item may also be evaluated with financial flexibility to provide for additional parks or streets staff charge-outs. 266
Staff is recommending that City Council authorize the City Manager to enter into a professional services agreement with Ronnys Inc. for Landscape Maintenance Services, to commence on July 1, 2023.

Fiscal Impact:

The Fiscal impact of the contract is an increase of $30,075.68 to annual General Fund expenditures in line items Building Maintenance (Recreation) and Professional Services (Maintenance). An annual increase of $162,089.30 to line items Professional Services and Landscape Maintenance that will impact all 18 LLD's. The financial impact will begin July 1, 2023. The contract is a 5-year term, with annual CPI increase that will not exceed 5%.

Reviewed by:
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Josh intieiro, City Manager
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Attachments:

Resolution
Professional Services Agreement
Brent Kuhn, Interim Finance Director
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RESOLUTION NO. --

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LOS BANOS AUTHORIZING THE CITY

MANAGER TO EXECUTE A CONTRACT WITH

RONNYS INC TO PROVIDE LANDSCAPE

MAINTENANCE SERVICES FOR THE CITY OF

LOS BANOS
WHEREAS, the City of Los Banos Public Works Department solicited proposals to perform Landscape Maintenance Services to City-owned landscape areas; and WHEREAS, On March 28, the City of Los Banos received proposals for qualified firms to provide Landscape Maintenance Services to City-owned landscape areas; and WHEREAS, a selection panel reviewed the proposals and concluded that Ronnys Inc., was the most qualified firm to provide the requested services; and WHEREAS, the proposed Contract has been reviewed and approved by the City Attorney.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos as follows:

The City Manager is authorized and directed to execute a Professional Service Agreement with Ronnys, Inc. in the form presented herewith on behalf of the City, subject to changes to the indemnity provisions as approved by the City Attorney.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of May 2023, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member --- and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
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CITY OF LOS BANOS

AGREEMENTFORLANDSCAPEMAINTENANCESERVICES
RONNYSINC.

1. PARTIES AND DATE.

This Agreement is made and entered into this _ day of _ ___ __ , 2023 by and between the City of Los Banos a California corporation, ("City") and Ronnys Inc., ("Contractor").

City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain landscape maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing Landscape Maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans, specifications, and requirements of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

City desires to engage Contractor to render such services for the CITY-WIDE LANDSCAPE MAINTENANCE PROJECT ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.
3 .1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional CITY-WIDE LANDSCAPE MAINTENANCE services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference and the City's Request for Proposals for CityWide Landscape Maintenance services issued on February 28, 2023 and incorporated herein by this reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, the City's Request for Proposals for City-Wide Landscape Maintenance services issued on February 28, 2023 and incorporated herein by this reference, and all applicable local, state and federal laws, rules and regulations. 270

3.1.2 Term. The term of this Agreement shall be from July 1, 2023 to June 30, 2028 unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The City may elect to extend this Agreement for two (2) additional one-year terms, if mutually agreed upon by both parties. The City, at its option, may renew this Agreement for an agreed upon length if the Contactor has demonstrated superior performance for landscape services to the City.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be perf onned by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.

Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 City's Representative. The City hereby designates Joe Heim, Parks and Recreation Operations Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee.

3.2.5 Contractor's Representative. Contractor hereby designates Joe Heim, Parks and Recreation Operations Manager, or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and 271
procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3 .2. 7 Standard of Care: Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.

Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "A" attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of Five Hundred Dollars ($500.00) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.

3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City's decision, Contractor shall have such remedies as may be provided by law.

3.2.10 Laws and Regulations; Emplo ee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and 272
regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10.1 Employment Eligibility: Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours.

The City shall not be responsible for any costs or expenses related to Contractor's compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections. 3 .2.10.2 Employment Eligibilitv: Subcontractors. Sub-subcontractors and Consultants.

To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.10.3 Employment Eligibility: Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications 273
provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation orto undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.

3.2.10.5 Equal Opportunity Emplovment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Contractor's Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code§§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, and the State Water Resources Control Board; the City's ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. (B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor's non-compliance with the laws, regulations and policies 274
described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section.

Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement.

3.2.11 Insurance.

3.2.11.1 Without limiting Contractor's indemnification of City, and prior to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and, in a form, satisfactory to City.
(A) Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.

Insurance certificates must be approved by the City Attorney prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. (B) Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.
(C) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City Attorney. (D) Minimum Coverage Requirements.
i. Workers' Compensation and Employers' Liability Coverage. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers. ii General Liability Coverage. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and 275
property damage, including without limitation, blanket contractual liability. Contractor's general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. ·
iii Automobile Liability Coverage. Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 0 I, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident. If contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy
(E) Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor.
ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non-payment of premium) written notice has been received by City.

3.2.11.2 Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property. 276

3.2.11.3 All subcontractors shall be included as additiona] insureds under the Contractor's policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of this Agreement, including adding the City as an Additional Insured to the subcontractor's policies.

3.2.11.4 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicab]e shall incJude, but shall not be limited to: (A) adequate Jife protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe wa]kways, scaffo]ds, fa]] protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shalJ receive compensation, incJuding authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation shalJ not exceed seven-hundred forty-eight thousand, nine hundred nineteen dollars, and ninety-eight cents, ($748,919.98) without written approval of the City's Parks and Recreation Operation Manager.

Extra Work may be authorized, as described be]ow, and if authorized, wilJ be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay alJ approved charges thereon.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
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3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.

3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor's principal place of business and at the project site.

Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.6 Annual Increase. The compensation payable to Contractor will be adjusted by the increase in the Consumer Price Index (CPI) on an annual basis - Urban Wage Earners and Clerical Works for the San Francisco - Oakland-Hayward metropolitan area as of April 30th of each year, but the CPI increase will not exceed 5%. The contractor must submit a request for CPI adjustment/increase at least 30 days prior to the expiration of effective CPI, otherwise the contractor will forgo the said adjustment.

3.4 Indemnification.

3.4.1 Scope oflndemnitv. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its directors, 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 alleged acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor's Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

3.4.2 Additional Indemnity Obligations. Contractor shall defend, with legal counsel chosen by the City and at Contractor's own cost, expense and risk, any and all claims, suits, actions 278
or other proceedings of every kind covered by Section 3.4.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers or agents. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers.

3.5 Termination of Agreement.

3.5.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.5.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6 General Provisions

3.6.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

CONTRACTOR:

Attn: Ronny Navarro
Ronnys Inc.
1251 Badger Flat Rd
Los Banos, CA 93635
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CITY:

Attn: Nirom Than, P.E.

City of Los Banos
Public Works Director/City Engineer
411 Madison A venue
Los Banos, California 93635
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.2 Govemin2 Law: Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Merced County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims, and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

3.6.3 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.4 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.6.5 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.6.6 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.6.7 Construction; References: Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays.

All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its 280
elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.6.8 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.9 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.6.10 Invalidity: Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6.11 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.6.12 Cooperation: Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.13 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

3.6.14 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6.15 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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3.6.16 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

IN WI1NESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below.

Date:

ATTEST:

CITY CLERK
Lucille L. Mallonee
City Clerk
APPROVED AS TO FORM:

RONNYSINC.
by: Ronny Navarro
President of Ronnys Inc.

CITY OF LOS BANOS, a California
municipal corporation
by: Josh Pinheiro
City Manager
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William A. Vaughn
City Attorney
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EXIDBIT A

1. Work Scope:

1.1 Schedule of Operations:

The Contractor shall furnish to the City within ten days after approval of the Agreement, a work schedule showing the proposed dates and time of work. Maintenance operations shall be in accordance with the City ordinances. Maintenance activities shall not be scheduled on the weekends unless approved by the City's representative.

From time to time, the City will undertake work on improvement projects, repairs or other construction activities for work within the locations under this Agreement. The Contractor shall cooperate with the City or its agents while work is underway.

The frequency of maintenance is determined by location and can be reviewed in the "Work Scope" (Appendix A).

The City shall provide a schedule of events and activities to the best of their abilities prior to their scheduled dates. There will be a financial impact to the Agreement if any scheduled, use (including, but not limited to special events, or recreation programs) of City facilities are impact by neglect on the Contractor's part. Any costs associated with re-scheduling the event/activity/program will be the responsibility of the Contractor for time, staffing, and costs, including, but not limited to, official's salaries, part-time staff salaries, maintenance call-out salaries (stand by), light costs, and preparation fields (which can include a drag, watering and lining of the field).

1.2 Location of Work:

The location of the work is to be completed at locations identified in the Fee Schedule (Appendix B). These locations include: parks, landscape planters, rights-of-way, street medians and parking lots. The Fee Schedule identifies three identifications for billing purposes:

1. "Parks" (including: parks and green spaces)

2. "Planters" (including: stand-alone rights-of-way, medians, trails, facilities and wall planters)

3. "Complexes" (including: sports field and high visibility locations).

Locations may be viewed on the Google Map available in Appendix C. The Contractor is responsible to familiarize himself with the locations.

1.3 Scope of Services:

Respondents are directed to review Appendix A "Work Scope" for a further description of the scope of services.

The base bid of the Agreement includes three primary services as identified in Appendix A:
l. Landscape maintenance.

2. Irrigation maintenance

3. Reporting Services.
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Respondents will also have the opportunity to bid on alternate bid services. Alternate bid services are identified in Appendix A. Two alternate bid services are identified in Appendix A & B:

I. Once annual over-seeding.

2. Twice annual fertilizer application.
1 .4 Materials and Equipment:

The Contractor is responsible for all transportation to and from each work site. Vehicles and transportation will not be provided by the City.

I. The Contractor shall, at all times, furnish and maintain equipment necessary to perform under this Agreement. All contractor vehicle shall be marked with the contractor logo and contractor license number.

2. If equipment breaks down, the Contractor is responsible to complete the scheduled work within 24 hours. If the Contractor is unable to complete the work within a 24- hour time period, the City shall deduct the applicable portions, pro rata, from the payment to the Contractor.

3. The City will not provide storage space for the Contractor's equipment. Landscape refuse disposal and associated expenses shall be the responsibility of the Contractor.

Materials shall include, but are not limited to:

I. All necessary horticulture supplies and plant material.

2. All necessary irrigation repair parts, components, and tools to perform the job.

3. All necessary herbicides and pesticides.

4. All legally required licenses and certificates required by the State Department of Pesticide Regulations and other local, state and federal agencies, including, but not limited to a Q.A.L. or Q.A.C.

6. All necessary equipment, gas, oil and parts for all equipment.

1.5 Workmanship and Quality Level:

All work shall be performed by experienced workers directly employed and supervised by the Contractor. The Contractor shall provide management and technical supervision through competent foremen, as required to implement modem horticultural techniques. The Contractor must have a proper License issued by the State License Board. The Contractor shall conform to the landscape standards approved by the City and the City's Standards and Specifications. The Contractor shall be responsible for the skills, methods, and actions of all their employees for all work performed.

The Contractor shall ensure that all field personnel have proper PPE and identifiable uniform to represent company. All contractor's vehicles must have proper company logo and contractor license number on both side of the vehicle.

The Contractor shall cooperate with the representative authorized by the City to enable them to determine the Contractor's conformity to the Standards and Specifications, and the adequacy of the work being performed. The Contractor shall give personal supervision to the work and be available for consultation with the City representative a minimum of twice per 285
month at a mutually agreed upon schedule, or more often, if deemed necessary by the City representative.

The City's representative shall have the right to halt the use of any equipment deemed to be unsafe for use within public areas.

The Contractor shall not be permitted to sub-contract any portion of this Agreement unless approved by the City or is a part of this proposal. The Contractor shall provide a toll free phone number, and email for contact purposes.

1.6 Corrective Work
The Contractor shall perform the work to the Standards and Specifications contained herein to the satisfaction of the City representative. The City representative may make inspections at any time and request corrective work from the Contractor. If corrective work is required, the City will provide a written list of items to the Contractor. The Contractor shall correct deficiencies within thirty days on any landscape maintenance. If deficiencies are not corrected, the City will deduct from the Contractor's payment, pro rata, those applicable portions of the monthly Agreement sum.

Repeated failures to provide services at the Standards and Specifications stated herein, or failure to respond to requests for corrective work will result in termination of the Agreement. See Landscape Location Map (Appendix C) for more detail.

For any site that fails to meet City standards as result of some action that is the Contractor's responsibility, the Contractor is to notify the City immediately and develop a plan to bring the site back to compliance. Should the City notice a site(s) that does not meet City standards and the City has not been notified by the Contractor, the Contractor will be put on notice in writing to bring the site back into compliance. The City reserves the rights to impose the following penalty:

I. The monthly payment for the specific site(s) will be withheld by the City until the site is back in conformance with City standards.

2. If conformance is reached within (30) days of notice, the City will release one hundred percent (100%) of the payment.

If the City has to notify the Contractor a second time at the same site within twelve (12) months of the initial notice, the following penalty will occur:

1. The City will withhold the monthly payment for the site. If the conformance is reached within 30 days of notice by the City, the City will release ninety percent (90%) of the payment, and withheld ten percent (10%) as a penalty.

If at any time during a notice by the City, the Contractor does not bring the site into conformance within thirty (30) days, the following penalty will occur:

1. The City will withhold twenty percent (20%) of the monthly payment of the full Agreement as a penalty and withhold the next month's payment following the abovementioned conditions until conformance is reached or the Contract is terminated.

The parties will observe the following problem resolution process:

1. Written notice of the problem.
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2. Field conference with the Contractor/or Contractor representative to identify the problem and agree on a solution as presented by the Contractor.

3. Conference between the City's representative and Contractor's principal.

4. Imposition of penalties and/or correcting defect at Contractor's cost.

5. Termin~tion of the Agreement.

During the first two (2) months of the Contract, the Contractor will receive one hundred percent (100%) of the monthly Contract amount. During this period, Contractor will inspect the sites at least monthly and will discuss inspections with City. This process and time frame will allow for the Contractor to understand the site issues enough to proceed. 287
Appendix A. Work Scope:

Landscape Maintenance Base Bid Services:

Appendix A 1.1 Frequency:

1. Frequency of Landscape Maintenance services:
a. Park locations: Once every two weeks (bi-weekly) from November through February (low grow season); Once weekly March through October (high grow season). b. Planter locations: Once every two weeks (bi-weekly) from November through February (low grow season); Once weekly March through October (high grow season). c. Complex locations: Once weekly year-round.

Appendix A 1.2 Mowing:

I. The cutting height of the lawn shall be between I and 2 inches, as determined by the City representative and turf type. Sports turf shall be maintained at a property sport specific playing height. All turf areas shall support their designed uses: informal play, sports, picnics, and other park activities.
a. Optimum Growth in inches:
i. Bermuda grass, hybrid: I inch
ii. Fescue: 2 inch
iii. Bluegrass: 2 inch

2. Not more than one-third of the total length of the grass blade may be removed during any single mowing operation. More frequent mowing may be required for special events, between scheduled mowing or as determined by the City's representative.

3. Grass clippings shall be removed off-site after each mowing. All debris shall be removed prior to moving on to the next facility. The Contractor shall recycle organic waste to be re-used within the City or coordinated with the City franchise waste collector, Mid Valley Disposal, to recycle organic waste accordingly.

4. Foreign matter shall be removed from turf areas prior to mowing. The Contractor is responsible for clean-up and removal of foreign matter that is scattered or shredded during mowing. Paper, bottles, cans and other litter picked up by the Contractor may be disposed of in the site trash cans as long as there is room. Landscape clippings, pruning, or other landscape maintenance debris shall be the Contractor's responsibility to dispose of properly.

5. When turf cannot be mowed due to wet turf conditions, the Contractor shall notify the City representative and re-schedule the work as soon as the weather and ground conditions permit.

Appendix A 1.3 Edging:

1. Complete site edging of trees, curbs, sidewalks, beds, buildings, sprinklers, valve boxes, meter boxes, park benches, walls, fences and foundations etc., shall be performed to insure the site looks groomed and complete. Special care should be taken to avoid damage to the tree trunks, shrubs, sprinklers and structures. Trees or structures identified by the City representative as having been damaged shall be replaced by the Contractor at no expense to the City.

2. Grass clippings shall be removed off-site after each edging. All debris shall be removed prior to moving onto the next facility.
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Appendix A 1.4 Open Space and Playground Surfaces:

1. Open spaces include planter bed areas with mulch or dirt, pathways, playground surfaces, bocce ball courts, and other porous surfaces.

2. Open space areas shall be kept clear of weeds. All weed deterrent products shall be approved by the City representative prior to application. All application rates shall be per the manufacturer recommendation and in compliance with the federal, state and local regulation.

All products used shall be in conformance with the City Pyrethroid Management Plan (https://losbanos.org/wp-content/uploads/2022/12/CLB-Pyrethroid-ManagementPlan _FNL_22-1017.pdf)

3. Open space areas shall be kept clear of leaves and other landscape debris. Landscape clippings, pruning, or other landscape maintenance debris shall be the Contractor's responsibility to dispose of properly. Leaves shall be picked collected and disposed ofby the Contractor.

4. Open space areas shall be free of loose debris and litter.

5. Open space areas will meet California Fire Department standards for fire control and public safety.

Appendix A 1.5 Paved Surfaces:

I. Paved surfaces may include sports courts, pathways, parking lots and other areas topped with asphalt or concrete.

2. Pathways, parking lots and other paved areas will be free of sand, debris, and litter, resulting from work of the Contractor.

3. All paved surfaces shall be pest and weed free.

Appendix A 1.6 Shrub Care and Ground Cover Care:

1. Shrub and ground cover areas shall be maintained as needed, as determined by the City's representative.

2. Shrub and ground cover areas shall be pruned as necessary to unsure natural growth, flowering and aesthetic shaping. All pruning shall be performed utilizing proper horticulture techniques.

Every effort shall be made to prevent and halt the spread of plant diseases.

3. Vines are to be pruned to promote coverage of walls and fencing, but prohibited from overgrowing other plants, signs, walls, fences, or sidewalks. Vegetation shall be back two (2) feet from the edge of City maintained, trails, fence lines, V-ditches, and creek banks. Ground cover shall be edged as needed to keep plant growth from extending beyond curbs, sidewalks, buildings, and turf areas. Ground cover in medians will not be allowed to extend beyond the curb or sidewalk.

4. Growth of shrubbery and ground covers should be restricted to six inches behind curbs, gutters and walkways by trimming or edging.

5. Shrubs growing against walls and fences shall be pruned in such a manner to promote lateral growth that will cover the wall or fence face, but does not over-grow past two inches below the height of such facilities.

6. Dead, dying or unsightly shrubs and ground covers shall be removed from planter areas.

Removed plants shall be documented and reported to the City representative. All failed or damaged plant materials shall be removed and replaced within 30 days of notice, unless determined by the City representative to delay replacement. The replacement plant shall be the same size and species as the damaged or failed plant, if possible. The City representative shall approve replacement of plant materials not meeting those specifications. 289

7. Planter areas shall be maintained free of weeds, dead leaves, litter and debris.

Planter area pruning and debris shall be disposed off-site.

8. Missing, broken, damaged or stressed plant material shall be documented by the Contractor and reported to the City Representative.

9. Beds, ground covers, and hedges shall be maintained to provide secondary functions such as barriers, animal habitat, or dust and erosion control.

10. Planter beds and ground cover areas shall be kept clear of leaves and other landscape debris.

Landscape clippings, pruning, or other landscape maintenance debris shall be the Contractor's responsibility to dispose of properly. Planter beds shall be free of invasive shrub and tree species. Leaves shall be picked collected and disposed of by the Contractor.

11. Planter beds and ground cover areas shall be free of loose debris and litter.

Irrigation Maintenance Base Bid Services:

Appendix A. 2.1 Irrigation Maintenance:

1. Frequency of irrigation maintenance services:
a. Park locations: Weekly, year-round. All zones will be checked for operation weekly, and repairs shall be made immediately upon discovery or reported. Irrigation shall be visually inspected on a weekly basis and tested manually no less than once monthly. b. Planter locations: Once every two weeks (bi-weekly) from November through February (low grow season). During low grow season irrigation shall be visually inspected on a bi-weekly basis and tested manually no less than once monthly; Once weekly March through October (high grow season). During high grow season irrigation shall be visually inspected on a weekly basis and tested manually no less than once monthly; All zones will be checked for operation during site visits, and repairs shall be made immediately upon discovery or reported.
c. Complex locations: Weekly, year-round. All zones will be checked for operation weekly, and repairs shall be made immediately upon discover or reported. Irrigation shall be visually inspected on a weekly basis and tested manually no less than once monthly.

2. The Contractor shall operate, maintain, repair and control all irrigation. Each station shall be adjusted to meet the needs of the specific area unless authorized by the City, as well as, adjusted due to weather conditions. Irrigation systems will deliver optimum water to each plant type at the lowest cost with maximum resource conservation.

3. Water will be delivered during non-use hours.

4. All systems will comply with State and local laws regarding backflow prevention and protection of the public water system. The Contractor is responsible for reporting any out-ofcompliance systems. The Contractor is responsible for the irrigation system from the backflow forward.

5. The Contractor shall complete preventative maintenance system checks to irrigation on a weekly basis; all zones will be check for operation, and repairs are to be made immediately.

6. General inspections of turf and plant materials shall be done routinely for signs of stress or damage.

7. The Contractor assumes the irrigation "as is" and is responsible to ensure that all turf, shrubs, ground cover, vines, seasonal flowers, and trees are provided with adequate water to achieve and maintain uniformly vigorous and healthy growth.
290

8. The Contractor is responsible for adhering to the City's Water Conservation Program.

9. The Contractor is responsible for reporting to the City representative any damage to irrigation components due to vandalism.

10. Irrigation repairs are to be made within twenty-four (24) hours of notification. Failure to notify the City of acts of vandalism will result in the Contractor being responsible for the cost associated with damaged turf grass or plant materials.

11. Damages to the irrigation system caused by the Contractor are the responsibility of the Contractor to repair at no charge to the City.

12. Replacement of normal wear and tear irrigation components is the responsibility of the Contractor.

13. Any materials related to irrigation repairs exceeding $100.00 must receive approval from the City representative. All irrigation clocks or timer-related solenoids requiring replacement due to vandalism or mechanical failure must be approved by the City's representative prior to being replaced.

14. Damaged plant material caused by the failure of the Contractor to maintain the irrigation system will result in the Contractor bearing the cost of replacement material.

15. At times the City may require the Contractor to adjust or turn off certain facilities due to special events. It is the contractor's responsibility to adhere to the City's request. Failure to do so may result in a deduction of pay up to but not limited to 25% of the monthly invoice.

Continuing failure to comply with the City's request may also result in the termination of the Agreement.

16. The Contractor must obtain the authorization for the use of any heavy equipment to be used in the process of making repairs to the irrigation systems from the City's representative.

17. The Contractor must provide the City with a monthly irrigation schedule for all controllers.

Reporting Services Base Bid:

Appendix A. 3 .1 Reporting Software:
l . The Contractor is responsible for maintaining and providing access to an online reporting system of all landscape areas listed in the Agreement.

2. The reporting system shall include an accessible electronic copy of the monthly Landscape Maintenance and Irrigation Maintenance staff schedules.

3. An accessible electronic copy of the monthly irrigation usage schedule shall be available.

4. The reporting system shall provide reporting on completed work and identify areas that require attention.

5. The reporting system shall provide a historical record of site visits by the Contractor to each site.

6. The reporting system shall be kept up to-date and available to the City representative.

Alternative Bid Services:

Alternate Bid Item #1: The Contractor shall over-seed turf areas once annually with annual rye grass with approval of the City representative.

Alternate Bid Item #2: The Contractor shall apply fertilizer twice annually to turf areas with the approval of the City representative.
a. Application shall occur once in the spring and once in the fall. 291
b. All applications shall be a balanced fertilizer with nitrogen, phosphorous and potassium (NPK) based on site-specific soil analysis. Micronutrient applications may be applicable. c. All products to be used shall be reviewed and approved by the City representative prior to application.

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293

EXIDBIT B

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294
295
General Fund Locations
Base Bid Unit Monthly Location ID: Location Description: Estimated Aa-eage: Location Type: Price Annual Total: Total Bid 1: Total Bid: 2:
($/Month/Acre) Base Total:

CX1: 8.58 Com $ 82.00 $ 703.56 $ 8,442.72 $ 497.64 $ 2 453.88 CX2: 5.92 Com $ 56.00 $ 331 .52 $ 3,978.24 $ 343.36 $ 1,693.12 CX3: 9.33 Com $ 90.00 $ 839.70 $ 10,076.40 $ 541.14 $ 2,668.38 PK1 : 4.31 Park $ 185.00 $ 797.35 $ 9 568.20 $ 249.98 $ 1,232.66 PK2: 1.27 Park $ 546.00 $ 693.42 $ 8 321.04 $ 73.66 $ 363.22 PK25: 0.70 Park $ 265.00 $ 186.03 $ 2232.36 $ 40.72 $ 200.77 PK26: 1.03 Park $ 226.00 $ 232.78 $ 2,793.36 $ 59.74 $ 294.58 PK27· rPlaza 2.63 Park s 305.00 $ 802.15 $ 9.625.80 $ 152.54 $ 752.18 PK28: rk 0 26 Park s 517.00 $ 135.97 $ 1,631.65 s 15.25 $ 75.22 PK29: k 1.24 Park $ 241 .00 s 298.84 $ 3,586.08 $ 71 .92 s 354.64 PK31. 0.33 Park s 427,00 $ 140.91 $ 1,690.92 $ 19.14 $ 94.38 PK32. ce 2.46 Park $ 73.00 $ 179.58 s 2,154.96 $ 142.68 $ 703.56 PK33. 061 Park s 399.00 s 241.79 $ 2,901.53 $ 35.15 $ 173.32 PK34 6.02 Pari< $ 189.00 S 1,137.78 s 13,653.36 $ 349.16 $ 1 721 .72 PK35: ark 0.18 Park s 580.00 s 104.98 $ 1,259.76 $ 10.50 s 51 .77 PK35: Presidential Pat k 0.43 Patk $ 246.00 $ 105.04 $ 1.260.50 $ 24.77 $ 122.12 PL 141. Fire Stauon No. 1 1.68 Park $ 171.00 $ 287.28 $ 3447.36 $ 97.44 $ 480.48 PL142: CH Hall Landsca 0.43 Park $ 863.00 $ 372.82 $ 4,473.79 $ 25.06 $ 123.55 PL143: Police Stotlon 0.30 Park $ 1,215.00 $ 366.93 $ 4,403.16 $ 17.52 $ 86.37 PL145: Fire station No. 2 4.31 Park $ 33.00 $ 142.23 $ 1.706.76 $ 249.98 $ 1,232.66 PL67: san J11an Co Yard 0.37 Park $ 599.00 $ 219.83 $ 2,638.00 $ 21 .29 $ 104.96 PL75: Madison Cor Yard 2.78 Park $ 90.00 $ 250.20 $ 3,002.40 $ 161 24 $ 795.08 PL1 : Del Rio Dr. Wall Planter 1.10 Planter $ 170.00 $ 187.51 $ 2,250.12 PL139: I SI. Median 0.04 Planter $ 1 027.00 $ 38.00 $ 455.99 PL 140: Downtown Ent Si ns 0.00 Planter $ 44 500.00 $ 89.00 $ 1 068.00 PL 141: Miller and Lux I St. Parkin Lot 0.29 Planter $ 234.00 $ 66.92 $ 803.09 PL 142: J St. Parkin Lot 0.33 Planter $ 185.00 $ 60.13 $ 721 .50 PL143: J SI. and 7th St. Parkin ot 0.40 Planter $ 128.00 $ 51.20 $ 614.40 PL75: Pacheco H Median 0.04 Planter $ 1,561.00 $ 64.00 $ 768.01 PL144: 6.11 Planter $ 89.00 $ 543.79 $ 6 525.48
PL145: 11 and P ensions Trail 0.84 Planter $ 95.00 $ 79.80 $ 957.60 PL147: HG Faw anal Trail 15.68 Planter $ 71 .00 $1,113.56 $ 13,362.77 PL 148: Rai ·ons 6.59 Planter $ 65.00 $ 428.35 $ 5 140.20 PL3: Me lie 0.32 Planter $ 527.00 $ 167.06 $ 2,004.71
PL37: Hi ht ofWa 0.86 Planter $ 646.00 $ 558.14 $ 6,697.73 PL38: Mill Wells 0.24 Planter $ 119.00 $ 28.08 $ 337.01 PL4: Me d. Oleanders 0.29 Planter $ 3,390.00 $ 983.10 $ 11,797.20 PL65 Wlll outh Ri ht of Wa 0.26 PISJ1ter $ 1,160.00 $ 298.12 $ 3,577 44 PL66, Frank fWa 0,17 Planter $ 555.00 $ 96.02 $ 1,152.18 PL69: Downtown Bench Area 0.07 Planter $ 1,912.00 s 130.02 $ 1 560.19 PL70: 7th St. Basketball Court Landsca 0.02 Planter s 2,792.00 s 67.01 $ 804. 10 296
General Fund Locations
PL78: Cemeta Oleanders 0.17 Planter $ 381 .00 $ 64.01 $ 768.10 PL149: 5th St. Ri ht of Wa 0.02 Planter $ 3 350.00 $ 67.00 $ 604.00 PL64: Willmott North Wall Planter 0.49 Planter $ 495.90 $ 242.00 $ 2.903.99 PL41: South Side B St. Corner 0.35 Planter $ 226.32 $ 79.00 $ 947.96 PK38: Gardens I Park 0.76 Park $ 365.08 $ 276.00 $ 3 312.01 297
District 1 Locations
L.cca11on ID: Location Oesaiptioo: Estimated Acreage: Location Type: Base Bid Unit Price Monthly Base Total: Annual Total: Total Bid 1: Total Bid: 2: ($/Month/Acre) PK17: 8 Basin Park 8.95 Parle $ 72.40 $ 647.98 $ 7,775.76 PK18: A Basin Parl< 6.07 Parle $ 89.13 $ 541.02 $ 6492.23 PK19: Basin Parle 8.58 Parle $ 69.70 $ 598.03 $ 7176.31 PK20: Parle 4.55 Parle $ 187.03 $ 850.99 $ 10,211 .84
PL46: r. North Ri ht of Wa s 0.74 Planter $ 509.49 $ 376.00 $ 4512.04 PL47: r. South R' hi of Wa s 0.81 Planter $ 302.58 $ 246.00 $ 2 951.97 PL48: r. Medians 1.36 Planter $ 97.87 $ 133,01 $ 15!16.06 PL49: Medians 0.34 Planter $ 381.66 $ 129.00 $ 1.548.01 Pl..50· all Planter 030 Planter $ 281 .74 $ 7800 935 98 PL.51 wood Medi.ans Of>< Planter 5 4TT.88 $ 259.00 $ 3108 00 PL.52 an 0.01 Planter s 23000.00 $ 138.<1~ $ 1 656 00
Pl.53 Modian 0.03 Planter $ 3.962.96 $ 107.00 $ 1284.00 n 003 Planter s 2 827.59 $ 82.00 $ 984 00

0.05 Plante, 5 9-489.36 $ 446.00 $ 53r.2.00

0.02 Pianlet s 3,000.00 $ 69.00 $ 82800
OD-I Planter s 1.52381 $ 64.00 s 768 00
132 Plant.er $ 150.09 s 21100 s 2 ~31 98
0{;9 Ptllnt.er s 639,73 $ 38000 s 4 56000

0.32 Plenler $ 608.15 $ 194.00 $ 2 328.00
067 Pla,.er $ 563.80 $ 380.00 $ 4,560.01
298
District 2 Locations
Base Bid Unit
Location ID: Location Description: Estimated Aaeage: Location Type: Price ($/Month/Acre)
PK36: Cresthills Park 4.66 Park $ 100.43 $
PL76: Pioneer Wall Planter 0.08 Planter $ 3 256.41 $
PL77: Center Rd. Wall Planter 0.08 Planter $ 1 064.94 $ Monthly Base
Total:
468.00 $
254.00 $

82.00 $
Annual Total:
5 616.05
3,048.00
984.00
Total Bid 1: Total Bid: 2:
299
District 3 Locations
Base Bid Unit Monthly Base Location ID: Location Description: Estimated Acreage: Location Type: Price Annual Total: Total Bid 1: Total Bid: 2:
($/Month/Acre) Total:

PK37: Gardens V Basin Park 15.87 Park $ 54.69 $ 867.93 $ 10,415.16 $ PK39: Gardens Ill Park 0.86 Park $ 456.02 $ 394.00 $ 4,728.02 PL79: Car all Pl n ers 0.53 Planter $ 652.83 $ 346.00 $ 4152.00 PL80: M 0.13 Planter $ 2 682.17 $ 346.00 $ 4,152.00
PL81 : Po s 0.11 Planter $ 644.86 $ 69.00 $ 828.00
PL82: M 0.04 Planter $ 4,078.95 $ 155.00 $ 1,860.00
PL87: 0 0.29 Planter $ 510.49 $ 146.00 $ 1,752.00
PL133. Ca 0.06 Planter $ 2,607.14 s 146.00 $ 1,752.00
300
District 4 Locations
Location 10: Location Oesaiplion: Estimated Acreage: Location Type:

PK16: 5.07 Park
PL43: 1.68 Planter
PL44: 1.19 Planter
PL45: 0.04 Planter
Base Bid Unit
Price
($/Month/Acre)
Monthly Base Total:
$ 94.48 $ 479.01
$ 143.71 $ 242.01
$ 203.53 $ 242.00
$ 6 416.67 231.00
Annual
Total:
$ 5748.16
$ 2 904.09
$ 2.903.97

2.772.00
Total Bid Total Bid: 2:
1:
301
Location ID: Location Description: Estimated Acreage:

PK21 : Citrus i Park 0.30
PK22: Citrus ii Park 2.40
PK23: Orchard Terrace 1.17
PL62: Overland Ave. South Ri ht of Wa 0.26
PL63: Sunburst Ct Ri ht of Wa s 0.38
District 5 Locations
Base Bid Unit
Location Type: Price
($/Month/Acre)
Park $ 644.30
Park $ 222.92
Park $ 288.89
Planter $ 1,406.13
Planter $ 490.72
$
Monthly Base
Total: Annual Total: Total Bid 1: Total Bid: 2:
192.00 $ 2,304.02
$ 535.01 $ 6,420.10
$ 338.00 $ 4,056.02
$ 367.00 $ 4 404.00
$ 185.00 $ 2 220.02
302
District 6 Locations
Base Bid Unit Monthly Annual Total Bid Total Bid: Location ID: Location Description: Estimated Acreage: Location Type: Price Base ($/Month/Acre) Total: Total: 1: 2:

PL2: St. Francis Planter 0.19 Planter 559.14 $ 104.00 $ 1,248.00 303
District 7 Locations
Base Bid Untt
Location ID: Location Description: Estimated Acreage: Location Type: Price Monthly Base Total:
($/Month/Acre)
PL40: Wisteria Ave. Wall Planters $ 0.06 Planter $ 3,385,96 $ 193.00 $ PL42: North Side B St. Planter $ 0.37 Planter $ 224.66 $ 82.00 $ 304
District 9 Locations
Estimated Base Bid Unit Monthly Base Location ID: Location Description: Location Type: Price Annual Total: Total Bid 1: Total Bid: 2: Acreage: ($/Month/Acre) Total:

PK6: Jo Lin Basin Park 4.17 Park 102.64 $ 428.01 $ 5,136.11 1,192.62 PK13: Dos Ami os Green Stri s 1.82 Park 232.04 $ 423.01 $ 5,076.11 521 .38 PK14: Rancho Dos Ami os Park 0.62 Park 526.57 $ 327.00 $ 3 924.00 PL26: Ward Rd. Ri ht of Wa 0.19 Planter 1521.05 $ 289.00 $ 3,467.99 PL27: Greenbriar Median 0.03 Planter 2437.5 $ 78.00 $ 936.00 PL28: Ward Rd. East Medians 0.48 Planter 506.28 $ 242.00 $ 2,904.02 PL29: Park Place Median 0.04 Planter 1769.23 $ 69.00 $ 828 00 PL30· Park Warren Median 0.03 Planter 1818.18 $ 60.00 $ 720.00 305
District 1 o Locations
Location ID: Location Desaiption: Estimated Base Bid Unit Monthly Base Location Type: Price Annual Total: Total Bid 1: Total Bid: 2: Acreage: ($/Month/Acre} Total:

PL134: 0.37 Planter $ 768.19 $ 285.00 $ 3419.98
PL 136: 0.o7 Planter $ 869.57 $ 60.00 $ 720.00
PL137: 0.09 Planter $ 1,107.53 $ 103.00 $ 1 236.00
PL138: 0.11 Planter $ 916.67 $ 99.00 $ 1188.00
306
District 11 Locations
Base Bid Untt Monthly Base Location ID: Location Desaiption: Estimated Acreage: Location Type: Price Annual Total: Total Bid 1: Total Bid: 2:
($/Month/Acre) Total:

PK7: Veterans Park 2.16 Park $ 307.87 $ 665.00 $ 7,979.99 125.28 PKS: Meadowlands Basin 24.40 Park $ 66.97 $ 1.634.07 $ 19,608.82 1 415.20 PK9: Meadowlands I Park 0.62 Park $ 293.35 $ 181.00 $ 2171 .96 PK10: Meadowlands II Park 4.38 Park $ 168.49 $ 737.99 $ 8 855.83 PK11: Meadowlands Ill Park 3.44 Park $ 368.60 $ 1 267.98 $ 15 215.81 PK12: Meadowlands Court ard 1.01 Park $ 620.79 $ 627.00 $ 7,523.97 PL21 : Overland Dr. South Planter 0.27 Planter $ 1 262.96 $ 341 .00 $ 4.091 .99 PL22 Ward Rd. West Planler 020 Planter $ 880.60 $ 177,00 $ 2,124.01 PL24 Ward Rd. Center Median 039 Planter $ 222.91 $ 87 00 $ 1,044.02 PL25. Ward Rd. Center Medians 0.83 Planter $ 105.33 $ B7 00 s 1,044.03 PL31 . Ward Rd West Ri ht of wa 0.65 Plan1er $ 257.59 $ 168.00 $ 2 016.00 PL32 North San Luis SI. R' ht of Wa 1.94 Planter $ 270.01 $ 52301 s 6,276.11 PL33· South San Luis SI. R" hi of Wa 1 53 Planter $ 316.34 $ 484.00 $ 5 808.00 PL34: San Luis Medians 018 Planter $ 2 083.80 $ 373.00 $ 4,476.00 PL35. Snow Goose Dr. Medians 0.02 Planter $ 4 863.64 s 107.00 $ 1 284.00 PL36. Snow Goose Or R ht al Wa 0.07 Plamer $ 1 577.46 $ 112.00 $ 1 344.00 PL 167. fallbfoo Or. Median 0.02 Planter $ 5125.00 $ 82.00 $ 984.00 307
District 12 Locations
Base Bid Unit Monthly Base Location ID: Location Description: Estimated Acreage: Location Type: Price Annual Total: Total Bid 1: Total Bid: 2:
($/Month/Acre) Total:

PK5: Verona Basin Park 6.75 Park $ 104.30 $ 704.03 $ 8,448.30 PL16: Mission Dr. Ri ht of Wa 0.03 Planter $ 16,741 .94 $ 519.00 $ 622 .00 PL17: Place Rd. Planter 0.46 Planter $ 510.78 $ 237.00 $ 2,844.02 PL 18: Palermo Ri ht of Wa 0.02 Planter $ 8,933.33 $ 134.00 $ 1 608.00 PL19: Place Rd. Median 0.1 2 Planter $ 1,156.52 $ 133.00 $ 1.596.00 PL20: B St. Planter 0.80 Planter $ 600.75 $ 480.00 $ 5,759.99 Pl23: Ward Rd. Wall Planter 0 48 Planter s 1,903.67 $ 913.00 $ 10,956.00 PL39. B SL Planter 0.29 Planter $ 1,414.63 $ 406.00 $ 4,871 .99 308
District 13 Locations
Base Bid Unit Monthly Base Location ID: Location Description: Estimated Acreage: Location Type: Price Annual Total: Total Bid 1· Total Bid: 2:
($/Month/Acre) Total:

PL12: Overland North Wall Planter 0.18 Planter $ 2,316.94 $ 424.00 $ 5,088.00 PL13: Overland South Wall Planter 0.21 Planter $ 1,868.93 $ 385.00 $ 4,619.99 309
District 14 Locations
Base Bid Unit Monthly Base Location ID: Location Description: Estimated Acreage: Location Type: Price Annual Total: Total Bid 1: Total Bid: 2:
($/Month/Acre) Total:

PK2 nsion 6.15 Park $ 66.02 $ 406.02 $ 4,872.28
PK3 Lot Park 0.48 Park $ 422.59 $ 202.00 $ 2,423.98
PK4: 4 .98 Park $ 145.98 $ 726.98 $ 8 723.76
PL7: a 0.63 Planter $ 164.56 $ 104.00 $ 1,248.02
PL6: as 0.22 Planter $ 679.07 $ 146.00 $ 1,752.00
PL8: 0.05 Planter $ 2,804.35 $ 129.00 $ 1,548.00
PL9: 0.44 Planter $ 355.50 $ 155.00 $ 1.859.98
PL10· 0.39 Planter $ 377 26 $ 146.00 $ 1 752.00
PL 11 · 1.20 Planter $ 427 74 $ 515.00 $ 6,179.99
PL14. Overlan ter 0 44 Planter $ 197.25 $ 86.00 $ 1,032.01 PLS Dove St. No Was 0 46 Planter $ 316.02 $ 146.00 $ 1,7$2 01 PL15 Overland South all Planter 0 41 Planter $ 221 .41 s 91 .00 $ 1,091 .99 310
District 15 Locations
Base Bid Unit Monthly Base Location ID: Location Desaiption: Estimated Aaeage: Location Type: Price Annual Total: Total Bid 1: Total Bid: 2:
($/Month/Aae) Total:

PL83: Orti alita and Birch Wall Planters 0.15 Planter $ 1,275.1 7 $ 190.00 $ 2 280.00 PL84: Birch Ave. Ri hi of wa 0.05 Planter $ 2,920.00 $ 146.00 $ 1 752.00 Pl85: Birch Median 0.04 Planter $ 2,500.00 $ 100.00 $ 1 200.00 PL86: Orti alita R" hi of Wa s 0.08 Planter $ 1 025.00 $ 82.00 $ 984.00 311
District 16 Locations
Base Bid Unit Monthly Base Location ID: Location Description: Estimated Acreage: Location Type: Price Annual Total: Total Bid 1: Total Bid: 2:
($/Month/Acre) Total:

PL71 : HSt. Medians 0.07 Planter $ 2 000.00 $ 138.00 $ 1 656.00 PL72: H st. Ri ht of Wa 0.17 Planter $ 707.55 $ 120.00 $ 1,440.01 PL73: Colorado Ave. Ri ht of Wa 0.18 Planter $ 565.22 $ 104.00 $ 1,248.01 PL74: Watt Dr. Wall Planter 0.19 Planter $ 333.33 $ 64.00 $ 767.99 312
District 17 Locations
Base Bid Unit Monthly Base Location ID: Location Description: Estimated Acreage: Location Type: Price Annual Total: Total Bid 1: Total Bid: 2:
($/Month/Acre) Total:

CX4: Oliveira Park 7.76 Com lex $ 114.00 $ 884.64 $ 10,615.68 PK24: Oliveira Court ard 0.96 Park $ 450.00 $ 432.90 $ 5,194.80 PK30: Nei hborhood Park 0.54 Park $ 609.00 $ 328.66 $ 3 946.32 PK40: Villa e Park 0.55 Park $ 595.00 $ 329.04 $ 3.948.42 PL100: Fox 0.05 Planter $ 1 681.00 $ 79.01 $ 946.08
PL101 : Burl 0.12 Planter $ 826.00 $ 99.95 $ 1,199.35
PL102: Bad 0.92 Planter $ 472.00 $ 433.30 $ 5199.55
PL103: Bad 0.54 Planler $ 727.00 $ 391.13 $ 4 693.51
PL104 : Tra 0.17 Planl.er $ 1 041.00 $ 178.01 s 2 136.13 PL105: Travertin 0.61 Planter $ 332.00 $ 203.85 s 2,446.18 PL106 Travertine esl edan 0.03 Planter s 3 226.00 $ 100.01 $ 1 200.07 PL 107· Tra ine East Median 0.03 Planter s 3 226.00 $ 10001 1 200.07 PL108: Bad r Flat Rd, North Median 0.16 Planter s 893.00 s 141 .99 $ 1,703.64 PL 109: Bad r Flat Rd. South Median 0.17 Planler $ 1 534.00 s 266.92 s 3 202.99 PU10: Burt Ln Medians 0.05 Planter $ 154900 $ 79.00 s 947.99 PL111 : Limeston 0.21 Planter $ 689.00 $ 141.93 $ 1 703.21 PL112: Umeston 023 Planter $ 833.00 $ 194.09 $ 2,329.07 PL113: Larima 0.07 Plan1er $ 1 471 .00 $ 100.03 $ 1200.34 PL 114. La 0 05 Planter $ 1,646.00 $ 79.01 $ 948.10
PL115: Ort 0.38 Planter $ 861.00 $ 328.90 $ 3,946.82
PL116: Ga 0.07 Planter $ 1351.00 $ 99.97 $ 1,199.69
PL117: Gabbr 0.04 Planter $ 1,975.00 $ 79.00 $ 948.00
PL118: Church Rd. Median 0.05 Planter $ 1 491.00 $ 79.02 $ 948.28 PL119: Thistle Ln. Median 0.06 Planter $ 1,724.00 $ 99.99 $ 1,199.90 PL 120: Church Rd. North 0.89 Planter $ 299.00 $ 267.31 $ 3 207.67 PL121 : Church Rd. South s 0.67 Planter $ 396.00 $ 266.90 $ 3 202.85 PL122: Th is tie Ln. North R 0.04 Planter $ 2 951.00 $ 120.99 $ 1.451 .89 PL123: Thistle Ln. South 0.05 Planter $ 2 327.00 $ 121.00 $ 1 452.05 PL124: Bermuda Ln. Median 0.04 Planter $ 2,250.00 $ 90.00 $ 1 080.00 PL125: Bad er Flat Rd. ircle Median 0.24 Planter $ 1 616.00 $ 391.07 $ 4692.86 PL 126: Bermud Wa 0.02 Planter $ 6,250.00 $ 100.00 $ 1,200.00 PL 127: Prairie S h Median 0.05 Planter $ 1 887.00 $ 100.01 $ 1 200.13 PL128: Prairie S 0.02 Planter $ 3950.00 $ 79.00 $ 948.00 PL 129: Stonecr 0.38 Planter $ 721 .00 $ 276.86 3 322.37 PL130: Prairie S 0.38 Planter $ 859.00 $ 329.00 $ 3,947.96 PL131: Woodla 0.06 Planter $ 1 818.00 $ 99.99 $ 1,199.88 PL132: Woodlan I. e an 0.03 Planter $ 2,724.00 $ 79.00 $ 947.95 PL 135· 152 South Ri ht of Wa s 0 74 Planter s 445.00 $ 328.86 $ 3946.26 PL68. 0.03 Planter $ 2.324.00 $ 79.02 $ 948.19
PL89. 0.04 Planter $ 1,837.00 $ 78.99 $ 947.89
PL90 Llmes1one Medians 013 Planter $ 1 068.00 $ 142.04 $ 1,704.53 PL91 Cardoza Rd. North Ri hl of Wa s 1.58 Planter $ 208.00 $ 329.06 $ 3,948.67 313
District 17 Locations
PL92: Landin Wa 0.11 Planter $ 901 .00 $ 100.01 $ 1 200.13 PL93: Limestone 0.04 Planter. $ 2 750.00 $ 121 .00 $ 1 452.00 PL94: Cardoza Rd. So s 0.46 Planter $ 715.00 $ 328.90 $ 3946.80 PL95: Cardoza Rd. Wes 0.41 Planter $ 1 054.00 $ 433.19 $ 5198.33 PL96: Cardoza Rd. East 0.40 Planter $ 955.00 $ 381.05 $ 4,572.54 PL97: Cardoza Rd. East ,re e ran 0.06 Planter $ 1,317.00 $ 79.02 $ 948.24 PL98: Cardoza Rd. South Circle Median 0.14 Planter $ 793.00 $ 111 .02 $ t .332.24 PL99: Cardoza Rd. South Foxtail Median 0.02 Planter $ 5,762.00 121 .00 $ 1452.02 314
District 18 Locations
Location ID: Location Description: Estimated Acreage: Location Type:

Base Bid Unit Monthly Base Price Annual Total: Total Bid 1:
($/Month/Acre} Total: Total Bid: 2:

PL152: Rail Trail Corridor 6.91 Planter $ 54.99 $ 379.98 $ 4,559.77 PL68: Rail Trail Median 7th St 0.07 Planter $ 5 800.00 $ 406.00 $ 4,872.00 315
District 19 Locations
Base Bid Unit Monthly Base Location ID: Location Description: Estimated Acreage: Location Type: Price Annual Total: Total Bid 1: Total Bid: 2:
($/Month/Acre) Total:

PK15: Talbott Basin Park 9.19 Park 93.04 $ 855.04 $ 10 260.45 $ 533.02 $ 2,628.34

THIS PAGE IS INTENTIONALLY LEFT BLANK
316
ITEM 11
317
LOsBanos
At the Crossroads of California
Agenda Staff Report
TO: Mayor and City Council Members
FROM: Soknirorn Than, Public Works Director/City Engineer~ • f { ___ _ DATE: May 17, 2023
TYPE OF REPORT: Agenda Item
SUBJECT: Design Information Bulletin 23-01 - Interim Standards For Typical Street Section St-1 And Sidewalk Curb And Gutter Section St-6
RECOMMENDATION:

Staff Recommends that the City Council:
• Receive presentation of the staff report;
• Adopt a resolution approving the Design Information Bulletin 23-01 - Interim Standards For Typical Street Section St-1 And Sidewalk Curb And Gutter Section (St-6)

BACKGROUND
Per the AASHTO: Policy on Geometric Design of Highways and Streets, the ranges for lane width for Local road are 9 feet to 12 feet for rural and urban roads. Per FHWA, Speed is a primary consideration when evaluating potential adverse impacts of lane width on safety. In a reduced-speed urban environment, Narrower lane widths may be chosen to manage or reduce speed and shorten crossing distances for pedestrians.

Lane widths may be adjusted to incorporate other cross-sectional elements, such as medians for access control, bike lanes, on-street parking, transit stops, and landscaping. The adopted ranges for lane width in the urban, low-speed environment normally provide adequate flexibility to achieve a desirable urban cross section without a design exception.

Per the National Association of City Transportation Officials (NACTO), the width allocated to lanes for motorists, buses, trucks, bikes, and parked cars is a sensitive and crucial aspect of street design. Lane widths should be considered within the 318
assemblage of a given street delineating space to serve all needs, including travel lanes, safety islands, bike lanes, and sidewalks.

Research has shown that narrower lane widths can effectively manage speeds without decreasing safety, and that wider lanes do not correlate to safer streets. Moreover, wider travel lanes also increase exposure and crossing distance for pedestrians at intersections and midblock crossings.

Lane widths of 10 feet are appropriate in urban areas and have a positive impact on a street's safety without impacting traffic operations. For designated truck or transit routes, one travel lane of 11 feet may be used in each direction.

Per the California Fire Code - Fire Apparatus Access Road (Appendix D), the minimum width for Fire Apparatus Access Road is 20 feet. This width increase to 26 feet in location where the access roads are in excess of 500 feet long and are dead ends.

Per Section 105.2 of the Highway Design Manual, The design of sidewalks and walkways varies depending on the setting, standards, and requirements of local agencies. The minimum width of sidewalk should be 6 feet when contiguous to a curb (Integral Sidewalk) or 5 feet when separated by a planting strip (Sidewalk with Parkway).

Per the FHWA: Road Diet Informational Guide, The desirable minimum width of a parallel on-street parking lane is 8 feet, as most vehicles will occupy approximately 7 feet of actual street space when parallel parked.

DISCUSSION
The current City Standards for Typical Street Section (Detail ST-1 ), for Local Residential Street with Parking, requires a 32' width (from face of curb to face of curb) and total of 52' right-of-way. These standards only allow for 7' parallel parking and 9' travel lane. In cases where larger vehicles (pick up truck, local delivery vehicles, trash collections vehicles, and school buses) are traversing, these standards create a yield street. This is where one vehicle has to yield for an opposing traffic. To create a better circulation as well as allow for efficient Fire Apparatus Access ( in conformance with the California Fire Code), an increase of 4' (from 32' to 36' face of curb to face of curb) to the roadway width for Local Residential Street with Parking is required. This increase is in line with AASHATO and NACTO recommendations.

Secondly, the current Sidewalk, Curb and Gutter Section (Detail ST-6) requires the minimum width of sidewalk to be 5 feet when contiguous to a curb (Integral Sidewalk) or 4 feet when separated by a planting strip (Sidewalk with Parkway). Per Section 105.2 of the Highway Design Manual, The design of sidewalks and walkways varies depending on the setting, standards, and requirements of local agencies. The minimum width of sidewalk should be 6 feet when contiguous to a curb (Integral Sidewalk) or 5 feet when separated by a planting strip (Sidewalk with Parkway). This 319
new requirements are also in compliance with Section R302.4 of the Public Right-ofWay Accessibility Guidelines (PROWAG).

The General Plan 2042, Bicycle Circulation, Policy C-P4.1 through C-P4.4 requires consideration for installation and maintenance of Bicycle Facilities in accordance with the Los Banos Bicycle-Pedestrian Plan. This includes giving bicyclists equal treatment in terms of provisions for safety and comfort on arterials and collectors as vehicles. For this reason, staff recommends the followings:
• For all collector streets, where Class II Bike Facilities are defined (through our General Plan and/or the Bicycle-Pedestrian Plan), a 4 foot wide bike lane is to be included in the roadway design in both directions. The right-of-way width shall be increased accordingly to accommodate such facilities. • For all arterial streets, where Class II Bike Facilities are defined (through our General Plan and/or the Bicycle-Pedestrian Plan), a 5 foot wide bike lane is to be included in the roadway design in both directions. The right-of-way width shall be increased accordingly to accommodate such facilities.

Lastly, Staff recommend establishing a minimum parking lane width of 8 feet for onstreet parallel parking. This requirements are crucial in establishing safe passage for vehicle and bicyclist on the roadway. This is in conformance with the FHW A: Road Diet Informational Guide.

This Design Information Bulletin (23-01) is intended to establish interim standards, while allowing sufficient time for staff to work on designing, soliciting community feedback, and adopting a new Improvement Standards and Specifications. This effort is underway and staff is intending to award a contract for this effort in the upcoming months.

On April 18, 2023, Staff presented this DIB to the Traffic Safety Committee and have received recommendation from the Committee for the adoption of this interim standards.

On April 26, 2023, Staff presented this DIB to the Planning Commission and have received recommendation from the Commission for the adoption of this interim standards.

This Design Information Bulletin (DIB) is effective 5/18/2023 and is to be implemented with the City Standard Plans and Specifications. Any discretionary projects that have been deemed complete prior to May 18, 2023 and have unexpired vesting tentative maps only need to comply with the existing requirements that were in effect at the time of the map approval. Capital Improvement Projects (CIP) or City-owned projects, for which their governing body or designee approved the initiation of the project design prior to May 18, 2023, will need only to comply with the requirements that were in place at that time. Projects applicable to this DIB may originate from different sources.

They may be private non-discretionary or discretionary projects, or they may be Cityowned projects 320
RECOMMENDATION:

Staff Recommends that the City Council adopt a resolution approving the Design Information Bulletin 23-01 - Interim Standards For Typical Street Section St-1 And Sidewalk Curb And Gutter Section (St-6)
Reviewed by; I
I
~
Josh Pinheiro,
J
ATTACHMENTS:

1. Resolution

2. Design Information Bulletin 23-01 - Interim Standards For Typical Street Section St-1 And Sidewalk Curb And Gutter Section (St-6)
321
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LOS BANOS APPROVING THE DESIGN INFORMATION
BULLETIN 23-01 - INTERIM STANDARDS FOR TYPICAL
STREET SECTION ST-1 AND SIDEWALK CURB AND
GUTTER SECTION ST-6
WHEREAS, the California Fire Code requires the minimum width for Fire Apparatus Access Road to be 20 feet and Per the National Association of City Transportation Officials (NACTO), the width allocated to lanes for motorists, buses, trucks, bikes, and parked cars is a sensitive and crucial aspect of street design; and WHEREAS, Lane widths should be considered within the assemblage of a given street delineating space to serve all needs, including travel lanes, safety islands, bike lanes, and sidewalks; and
WHEREAS, the General Plan 2042 Policy C-P4.1 through C-P4.4 requires consideration for installation and maintenance of Bicycle Facilities in accordance with the Los Banos Bicycle-Pedestrian Plan; and
WHEREAS, the FHWA: Road Diet Informational Guide, the desirable minimum width of a parallel on-street parking lane is 8 feet;. and WHEREAS, on April 18, 2023 Staff presented this Design Information Bulletin 23- 01 to the Traffic Safety Committee and have received recommendation from the Committee for the adoption of this interim standards; and WHEAREAS, on April 26, 2023 Staff presented this Design Information Bulletin 23-01 to the Planning Commission and have received recommendation from the Commission for the adoption of this interim standards; and WHEREAS, the proposed Design Information Bulletin 23-01 is attached hereto and incorporated herein by this reference as Attachment A.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the attached Design Information Bulletin 23-01 .

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 17th day of May 2023, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:

AYES:

NOES:

ABSENT:
322
APPROVED:

Paul Llanez, Mayor
ATTEST:

Lucille L. Mallonee, City Clerk
323
LOsBanos
Public Works Department
April 18, 2023
To:

From:

Subject:

Traffic Safety Committee
Public Works Department
Community and Economic Development Department
Police Department
Fire Department
Nirorn Than, P.E., Public Works Director/City Engineer
Design Information Bulletin 23-01 - Interim Standards for Typical Street Section ST-1 and Sidewalk Curb and Gutter Section (ST-6) This Design Information Bulletin (DIB) is effective 5/18/2023 and is to be implemented with the City Standard Plans and Specifications. Any discretionary projects that have been deemed complete prior to May 18, 2023 and have unexpired vesting tentative maps only need to comply with the existing requirements that were in effect at the time of the map approval. Capital Improvement Projects (CIP) or City-owned projects, for which their governing body or designee approved the initiation of the project design prior to May 18, 2023, will need only to comply with the requirements that were in place at that time. Projects applicable to this DIS may originate from different sources. They may be private non-discretionary or discretionary projects, or they may be Cityowned projects.

Background
Per the AASHTO: Policy on Geometric Design of Highways and Streets, the ranges for lane width for Local road are 9 feet to 12 feet for rural and urban roads. Per FHWA, Speed is a primary consideration when evaluating potential adverse impacts of lane width on safety. In a reduced-speed urban environment, Narrower lane widths may be chosen to manage or reduce speed and shorten crossing distances for pedestrians. Lane widths may be adjusted to incorporate other cross-sectional elements, such as medians for access control, bike lanes, on-street parking, transit stops, and landscaping. The adopted ranges for lane width in the urban, low-speed environment normally provide adequate flexibility to achieve a desirable urban cross section without a design exception.

Per the National Association of City Transportation Officials (NACTO), The width allocated to lanes for motorists, buses, trucks, bikes, and parked cars is a sensitive and crucial aspect of street design. Lane widths should be considered within the assemblage of a given street delineating space to serve all needs, including travel lanes, safety islands, bike lanes, and sidewalks. 324
Research has shown that narrower lane widths can effectively manage speeds without decreasing safety, and that wider lanes do not correlate to safer streets.

Moreover, wider travel lanes also increase exposure and crossing distance for pedestrians at intersections and midblock crossings.

Summary of Significant Changes

1. Update the Street Improvements Detail ST-1 Typical Street Section (see attachment A)

2. Update the Street Improvements Detail ST-6 Sidewalk Curb and Gutter Section (see attachment B). This update supersedes Section 1-5 of the Improvement Standards and Specifications.

3. For all collector streets, where Class II Bike Facilities are defined (through our General Plan and/or the Bicycle-Pedestrian Plan), a 4 foot wide bike lane is to be included in the roadway design in both directions. The rightof-way width shall be increased accordingly to accommodate such facilities.

4. For all arterial streets, where Class II Bike Facilities are defined (through our General Plan and/or the Bicycle-Pedestrian Plan), a 5 foot wide bike lane is to be included in the roadway design in both directions. The rightof-way width shall be increased accordingly to accommodate such facilities.

5. Parking lane width shall be 8 foot wide for parallel parking.

6. Update the Sidewalk Curb and Gutter Section Detail ST-6 (see attachment B)
Thank you,
cc: Public Works File
411 MADISON A VENUE LOS BANOS, CA 93635
TELEPHONE (209) 827-7056 FAX (209) 827~7069
325
--- - - ---- - ------------
Attachment A
PROPERTY UN£ PROPERTY LINE
(SEE NOTE 3
SEE NOTE 3
TYPE "8" ASPHALT

CONCRETE

CLASS II AGGREGATE BASE
COMPACT TOP 6-INCHES OF COMPACTED TO 95%
NATNE MATERIAi:. TO 90%

CURB, GVTTER AND SIDEWALK
SEE STD. DETAILS STS & ST6.

TYPICAL SECTION
"A" IN "8" IN
STRITT C/.ASS/F/CATION FEET FEET

PRNATE RESIDENTIAL -- A -- A
LOCAL RESIDENTIAL WITH PARKING ill ·m
MINOR COLLECTOR WITH NO 60 34

PARKING
MINOR COLLECTOR WITH PARKING 60 40
MAJOR COLLECTOR WITH PARKING 72 56

AND NO WALLS AT PROPERTY LINES
MAJOR COLLECTOR WITH WALLS AT 80 50

PROPERTY UNES AND NO PARKING
INDUSTRIAL 66 48
MINOR ARTERIAL WITHOUT WALLS AT 90 62
PROPERTY UN£S AND NO PARKING
MINOR ARTERIAL WITH WALLS AT 100 62

PROPERTY UNES AND NO PARKING
MAJOR ARTERIAL WITHOUT WALLS AT 106 ·BO

PROPERTY LINES AND NO PARKING

MAJOR ARTERIAL WITH WALLS AT

PROPERTY LINES AND NO PARKING
122 80
NOTE:
"C" IN
FEET
5'-6"
VARIES
5'-6"
VARIES ·
VARIES
VARIES
VARIES
VARIES
VARIES
VARIES

1. SOIL DENSITIES ARE EXPRESSED AS A PERCENTAGE ·or MAXIMUM ORY DENSITY IN ACCORDANCE WITH ASTM DESIGNATION D1557.
326
•
SEE STD. DETAIL ST-5
Attachment B

PROPERTY LINE
SLOPE 1/4" PER FOOT SLOP£· 1/ 4" PER FOOT _L
½( -.: -. ~.q4.~~~¥:r'o/."7"7"'77""':°', '7 ., .. f' ~ .. .... ' .. ' ... ·" .. " ~
Ir)
I
4-INCHES OF CLASS ./I AGGREGATE "">
BASE COMPACTED TO 90%.

COMPACT TOP 6-/NCHES OF

NATIVE MATERIAL SUBBASE TO
85% MINIMUM, 90% MAXIMUM. ·

SIDEWALK WITH PARKWAY
1------- VARIES ~ --------"-~-:::j
SLOPE 1/ 4" PER FOOT ~
• . ,, , s.
l(j
:~
I~
: 8:

I , I
-"'t""--<-:..:...A..~~-:...,-~ "">
SEE STD. DETAIL ST-5
4-INCHES OF CLASS II AGGREGATE
BASE COMPACTED TO 90:i
COMPACT TOP 6-INCHES OF

NATIVE MATERIAL SUBBASE TO
85% MINIMUM, 90% MAXIMUM.

INTEGRAL SIDEWALK, CURB AND GUTTER
NOTES:

1. CITY-SHALL APPROVE SUBGRADE AND BASEROCK PREPARAnON PRIOR TO PLACEMENT OF CONCRETE.

2. ON SIDEWALi<, CURB AND GUTTER REPLACEMENT, 6-JNCHES OF CLASS 'Jl. AGGREGATE BASE COMPACTED TO. 90% OVER UNDISTURBED NATIVE MATERIAL SUBBASE, MAY BE USED IN LIEU OF 4-INCHES OF CLASS 'Jl. AGGREGATE BA.SE (90% COMPACTION) OVER 6-INCHES OF COMPACTED NATIVE MATERIAL SUBBA$£.

3. SOIL DENSITIES ARE EXPRESSED AS A PERCENTAGE OF MAXIMUM DRY DENSITY IN ACCORDANCE WITH ASTM D 1557. .
sr~-6
ITEM 12
327
LOsBanos
• ..

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: May 12, 2023
Regarding: Notice of Public Hearing
Proposal: Mobile Food Vendor Permit #2023-05 -Areli Jimenez Velasco (dba Ary's Ice Cream)
NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Mobile Food Vendor Permit #2023-05 to allow the operation of a mobile food vending vehicle on route throughout the City of Los Banos within the public-right-of way for Areli Jimenez Velasco dba Ary's Ice Cream.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos Planning Commission on Wednesday, May 24, 2023 at 6:00 p.m. in the Council Chambers of Los Banos City Hall, located at 520 "J" Street, Los Banos, California. Questions regarding the above-referenced item may be directed to Rudy Luquin, Associate Planner, at City Hall or at (209) 827-2432.

All persons are invited to be present at the public hearing. Written and oral testimony is invited. Notice is hereby further given that if you challenge the above described Project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.

Additional information may be obtained from the Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing

LOS BANOS
328
L()sBanos a .,,,,. --; rzr

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: May 12, 2023
Regarding: Notice of Public Hearing
Proposal: Mobile Food Vendor Permit #2023-07 -Ana Karen Ordonez (dba Mariscos El Aguachilense)
NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Mobile Food Vendor Permit #2023-07 to allow the operation of a mobile food vending vehicle on route throughout the City of Los Banos within the public-right-of way for Ana Karen Ordonez dba Mariscos El Aguachilense.

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Date: May 12, 2023
Re: Notice of Public Hearing
Proposal: Site Plan Review #2022-07 and Conditional Use Permit #2022-05 NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Infill Development Projects) for Site Plan Review #2022-07 and Conditional Use Permit #2022-05 for the development of a boat and rv storage facility within the Highway Commercial Zoning District. The proposed project consists of a 1,600 square foot office and 225,000 square feet of storage area with canopies to be located at 1725 W. Pacheco Blvd.; more specifically identified as Assessor's Parcel Numbers: 430-010-004.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Planning Commission on Wednesday, May 24, 2023 at 6:00 p.m. in the Council Chambers of Los Banos City Hall located at 520 "J" Street. Questions regarding the above-referenced item may be directed to Rudy Luquin, Associate Planner at City Hall or at (209) 827-2432.

COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
D~e: May12,2023
Regarding: Notice of Public Hearing
Proposal: Conditional Use Permit #2023-05 - Type 21 Alcohol License NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos Planning Commission to consider a Conditional Use Permit and Categorical Exemption from the California Environmental Quality Act pursuant to Section 15301 (Existing Facilities) to allow the use of a Type 21 Alcohol License for the off-sale of general alcohol. The requested Conditional Use Permit is for Beverage House located at 547 W.

I St., more specifically identified as Assessor's Parcel Number 027-033-008.

A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos Planning Commission on Wednesday, May 24, 2023, at 6:00 p.m. in the Council Chambers of Los Banos City Hall located at 520 J Street. Questions regarding the above-referenced item may be directed to Rudy Luquin, Associate Planner, at City Hall or at (209) 827-2432.

Additional information may be obtained from Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing

Los Banos City CouncilMay 17, 2023

Los Banos City Council
May 17, 2023