LOs Banos
ro.ssroacls f ( I, ,
www.losbanos.org
AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
JULY 5, 2023 - 6:00 PM
Live stream on YouTube at:
If you require special assistance to attend or participate in this meeting, please call the City Clerk's Office@ (209) 827-7000 at least 48 hours prior to the meeting.
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 /lame a la oficina de la Secretaria de la ciudad al (209) 827-7000 a Jo menos de 48 horas previas de la junta.
La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabilidad (ADA) de 1990. ······ ·············································· .. •··•·············· ······································ ···················· ............................................................................................................................................... · :··················································•·•······························ .. ······························· ··········· ................................................................................................................................................ 1 Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www.losbanos.org.
* * * * * * * ** * * * * * * *
Cua/quier escritura o los documentos proporcionaron a una mayoria de/ Ayuntamiento respecto a cua/quier articulo en este orden def dfa sera hecho disponible para la inspecci6n publica en la reunion yen la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos,
California 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 - July 5, 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 - July 5, 2023
6:00 PM
__ Douglas Begonia, Jr. - District 2
Deborah Lewis - District 4
1 4. CONSIDERATION OF APPROVAL OF AGENDA.
Recommendation: Adopt the agenda as submitted.
5. PRESENTATIONS.
A. Certificates of Recognition - Westside Union Elementary School Participation and Achievements at the National Academic Pentathlon.
1) First Place Super Quiz Winners - 7th Grade Champion Division. 2) Second Place, Overall Team - 7th Grade Champion Division. 3) Max Menefee, Gold in Social Science, Silver in Science, Bronze in Fine Arts, - Honors Division.
4) Siena Halloran, Bronze in Fine Arts - Honors Division. 5) Reese Betschart, Gold in Literature, Bronze in Social Science - Scholastic Division.
6) Ward Saeb, Bronze in Science, Silver in Mathematics, Gold in Fine Arts, Gold in Social Science, Gold Overall - Scholastic Division. 7) Delia Perez, Bronze in Science - Varsity Division.
8) Jorge Olivares, Bronze in Social Science, Silver in Fine Arts, Silver in Literature, Silver Overall - Varsity Division.
9) Tammi Schultz, Teacher and Coach.
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 #239348 - #239560 in the Amount of $2,443,515.56.
Recommendation: Approve the check register as submitted.
B. City Council Resolution No. 6658 - Authorizing the Public Works Director/City Engineer to Execute Change Order No. 8 to the Design-Build Construction Contract Agreement for the City of Los Banos Police Station Facility Project to Swinerton Builders for the Construction of the Public Works Parking Lot and to Increase the Project Contingency to $974,367.
Recommendation: Adopt the resolution as submitted.
C. City Council Resolution No. 6659 - Authorizing the City Manager to Execute a Contract with First 5 of Merced County for a Grant to Purchase and Install Shade Sail Structures over Five (5) Playground Locations.
Recommendation: Adopt the resolution as submitted.
Los Banos City Council Agenda - July 5, 2023 Page 2of4
2 pgs. 5-14
pgs. 15-18
pgs. 19-26
pgs. 27-46
D. City Council Resolution No. 6660 - Accepting the Fairgrounds Area Waterline Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder.
Recommendation: Adopt the resolution as submitted.
E. City Council Resolution No. 6661 - Authorizing the City Manager to Execute a Professional Services Agreement between the City of Los Banos and Carollo Engineers, Inc. to Update the Wastewater Master Plan and to Amend the Fiscal Year 2023/2024 Budget by Increasing Appropriations in the Wastewater Collections Fund Line Item 502-432-100-231 in the Amount of $49,600.
Recommendation: Adopt the resolution as submitted.
F. City Council Resolution No. 6662 - Authorizing the City Manager to File a Regional Surface Transportation Program (RSTP) Exchange Program Fund Claim Form For Fiscal Year 2022/2023.
Recommendation: Adopt the resolution as submitted.
8. MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG) ANNUAL UPDATE- Presented by Stacie Guzman, MCAG Executive Director Recommendation: Informational item only, no action to be taken.
9. PUBLIC HEARING. (If you challenge the proposed action as described herein in court, you may be limited to raising only those issues you or someone else raised at the public hearing described herein or in written correspondence delivered to the City at, or prior to, the public hearing.)
A. Public Hearing - To Receive Public Comment and Consideration of a Categorical Exemption from the California Environmental Quality Act (CEQA) and Conditional Use Permit #2023-05 to Allow the Use of Type 21 Alcohol License for the Off-Sale of General Alcohol for the Beverage House Located within the Professional Office Zoning District at 54 7 W. I Street, More Specifically Identified as Assessor's Parcel Number 027-033-008. 1) City Council Resolution No. 6663 - Finding Proposed Project to be Categorically Exempt from the California Environmental Quality Act Pursuant to Section 15301 and Approving Conditional Use Permit #2023-05 to Allow the Use of a Type 21 Off-Sale General Alcohol License for Beverage House Located at 54 7 West I Street.
Recommendation: Receive staff report, open the public hearing, receive public comment, close the public hearing, and adopt the resolution as submitted.
10. STATE OF THE STREETS AND PAVEMENT CONDITION REPORT.
Recommendation: Receive staff report and provide direction as to which scenarios and funding request to further evaluate.
Los Banos City Council Agenda - July 5, 2023 Page 3of4
3 pgs. 47-52
pgs. 53-80
pgs. 81-88
pgs. 89-114
pgs. 115-170
11. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLTUION NO. 6664 - APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF LOS BANOS AND THE GRASSLAND WATER DISTRICT REGARDING RECHARGE BASINS AND STORM WATER CAPTURE PROJECT - PHASE 1.
Recommendation: Receive staff report and adopt the resolution as submitted.
12. CANCELLATION OF THE REGULAR CITY COUNCIL MEETING SCHEDULED FOR WEDNESDAY, AUGUST 16, 2023 DUE TO SUMMER BREAK.
Recommendation: Cancel the meeting as stated.
13. ADVISEMENT OF PUBLIC NOTICES. (No Reports)
Recommendation: Informational item only, no action to be taken.
14. CITY MANAGER REPORT.
Recommendation: Informational item only, no action to be taken.
15. 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.
16. CITY COUNCIL MEMBER REPORTS.
A. Kenneth Lambert - District 1
B. Douglas Begonia, Jr. - District 2
C. Brett Jones - District 3
D. Deborah Lewis - District 4
E. Paul Llanez - Mayor
17. ADJOURNMENT.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. ~~ Lucille L. Mallonee 7. ~ City Clerk Dated this 30th day of June 2023 Los Banos City Council Agenda - July 5, 2023 Page 4 of4 4 pgs. 171-181
CERTIFICATE OF RECOGNITION
Presented CJ'o
WESTSIDE UNION ELEMENTARY SCHOOL
FIRST PLACE - SUPER QUIZ WINNERS
In recognition of your participation and acliievements at tlie Jfationa{ jlcademic Pentatli{on - 7tli qrade Cliampion <Division.
Pau{ £Canez, :Mayor
<Datecf: Ju{y 5, 2023
LOs Banos
At the Crossroads .. , California
5 ITEM 5A
CERTIFICATE OF RECOGNITION
(Jresentecf To
WESTSIDE UNION ELEMENTARY SCHOOL
SECOND PLACE - OVERALL TEAM
In recognition of your participation and acliievements at tlie :Nationa[ ;4.cademic Pentatlifon - 7tli (}rade Cliampion (Division. <Pau[ £Canez, ':Mayor
<Dated: Ju[y 5, 2023
LOs Banos ., .. the Crossroads of California
6 CERTIFICATE OF RECOGNITION
<Presented rfo
MAX MENEFEE
Westside Union Elementary School
In recognition of your participation and acfiievements of qoU in Socia( Science, Si(ver in Science, and (Bronze in Pine .Jlrts in tfie ¾onors (J)ivision at tfie :Nationa( .Jlcademic <Pentatfifon.
Pau[ £{anez, :Mayor
(})ated: Ju[y 5, 2023
LOs Banos
At the Crossroads of California
7 CERTIFICATE OF RECOGNITIO.}\r
<Presented <To
SIENA HALLORAN
Westside Union Elementary School
In recognition of your participation ancf acliie'Vement of <Bronze in Pine )f_rts in tlie Jfonors (J)ivision at the :Nationa{ }lcacfemic (J'entatnfon.
Pau[ £Canez, 'Mayor
(})atea: Ju[y 5, 2023
LOs Banos
At the Crossroads of California
8 CERTIFICATE OF RECOGNITIO.}\r
<Presented (]'o
REESE BETSCHART
Westside Union Elementary School
In recognition of your participation and acfiievements of qoU in Literature and (J3ronze in Socia{ Science in tfie Scfiolastic (I)ivision at tfie Nationa{ jlcademic Pentatfifon.
<Pau{ £Canez, :Mayor
(J)atea: Ju{y 5, 2023
LOs Banos
At the Crossroads of California
9 CERTIFICATE OF RECOGNITIO.}\r
Presented rfo
WARDSAEB
Westside Union Elementary School
In recognition of your participation ana acliievements of <Bronze in Science, Sifver in :Matliematics, qoU in Pine .Jlrts, qoU in Socia[ Science, ana qoU Overall in tlie S cliolastic <Division at tlie National .Jlcaaemic <Pentatlilon. <Pau{ £Canez, 9vfayor
{J)atecf: Ju{y 5, 2023
LOs Banos
At the Crossroads of California
10 CERTIFICATE OF RECOGNITION
Presentecf rJ'o
DELIA PEREZ
Westside Union Elementary School
In recognition of yourparticipation and acfiie-vement oj(J3ronze in Science in tfie Varsity (}Jivision at tfie :Nationa{ }1.cademic <Pentatfifon. <Pau[ Lfanez, ~ayor
<Datea: Ju{y 5, 2023
LOs Banos
At the Crossroads of California
11 CERTIFICATE OF RECOGNITION
(Presented rr'o
JORGE OLIVARES
Westside Union Elementary School
In recognition of your participation and acfiievements of (J3ronze in Socia{ Science, Si{ver in Pine Jlrts, Sifver in Literature, ana Si{ver Overa[{ in tfie Varsity (J)ivision at tfie :Nationa[ Jlcaaemic <Pentatfifon.
Pau( £{anez, ::Mayor
(J)atea: Ju(y 5, 2023
LOs Banos
At the Crossroads of California
12 CERTIFICATE OF RECOGNITIO.l\T
Presented <To
TAMMI SCHULTZ
Westside Union Elementary School
In recognition of your coacfiing ancf acfiievements
at tlie :}{ationa{ ;4.cacfemic <PentatliCon.
(]!au[ £Canez, 9vlayor
(J)atea: Ju[y 5, 2023
LOsBanos
At the Crossroads of California
13 THIS PAGE IS INTENTIONALLY LEFT BLANK
14 CK # 239348 - # 239560 07/05/2023 $2,443,515.56
LOsBanos
Check Report
Check by Date
Check No Check Date Vendor Name Payment Type Void Amount 239348 6/16/2023 Jacqueline Amabile Regular 60.75
239349 6/16/2023 Juan Arvizu-Olvera Regular 7.63
239350 6/16/2023 Francis Blackmon Regular 190.19
239351 6/16/2023 Blossom Valley Realty Regular 114.95
239352 6/16/2023 Anyssa Campos Regular 65.89
239353 6/16/2023 Christina Clark Regular 15.74
239354 6/16/2023 Denise Cornejo Regular 170.09
239355 6/16/2023 James Curiel Regular 16.82
239356 6/16/2023 Raul Escatel Regular 128.04
239357 6/16/2023 Laverne Feally Regular 83.41
239358 6/16/2023 Sandra Franco Gonzalez Regular 54.17
239359 6/16/2023 Lucerito Gomez Regular 95.69
239360 6/16/2023 Michael Harrison Regular 100.00
239361 6/16/2023 Lindsay Henson Regular 13.55
239362 6/16/2023 Home Sweet Home Property Management Co. Regular 108.40 239363 6/16/2023 Home Sweet Home Property Management Co. Regular 137.85 239364 6/16/2023 Home Sweet Home Property Management Co. Regular 183.65 239365 6/16/2023 Dario Lopez Regular 114.95
239366 6/16/2023 Bertha Mandujano Corona Regular 114.95 239367 6/16/2023 Gustavo Manzano Hernandez Regular 141.12 239368 6/16/2023 Liena Martinez Regular 15.13
239369 6/16/2023 Sohan Meharu Regular 108.42
239370 6/16/2023 Meritage Homes Regular 163.63
239371 6/16/2023 Meritage Homes Regular 23.72
239372 6/16/2023 Meritage Homes Regular 23.72
239373 6/16/2023 Meritage Homes Regular 23.72
239374 6/16/2023 Meritage Homes Regular 23.72
239375 6/16/2023 Meritage Homes Regular 23.72
239376 6/16/2023 Meritage Homes Regular 23.72
239377 6/16/2023 MHP Builders Inc Regular 23.72
239378 6/16/2023 Melesio Moreno Jr. Regular 69.16
239379 6/16/2023 Leslie Morra Regular 95.32
239380 6/16/2023 Jessica Munoz Regular 70.00
239381 6/16/2023 Jesus Nunez Regular 98.13
239382 6/16/2023 Alheli Olivares Regular 11.68
239383 6/16/2023 Iliana Pena Rodriguez Regular 200.00
239384 6/16/2023 Simon Pina Regular 98.13
239385 6/16/2023 Jose Quezada Regular 49.54
239386 6/16/2023 Jeff and Barbara Rippee Regular 60.75
239387 6/16/2023 Teresa Robinson Regular 21.34
239388 6/16/2023 Anthony Romero Regular 65.89
239389 6/16/2023 Maria & Manuel Silviera Regular 95.32
239390 6/16/2023 Victor Terrazas Regular 100.00
239391 6/16/2023 Jose Valencia Regular 18.16
239392 6/16/2023 Samuel Vizzusi Regular 141.12
239393 06/16/2023 Ronny's Inc. Regular 45,581.88
239396 06/16/2023 Ronny's Inc. Regular 9,154.96
ITEM 7A
15 239398 06/16
/2023 Ronny's Inc. Regular 990.00
239399 06/16/2023 Ronny's Inc. Regular 132,936.85
239402 06/16/2023 CalPERS Fiscal Services Division Regular 421,210.00 239403 06/16/2023 Los Banos Downtown Assoc. Regular 59,872.00 239404 06/16/2023 Ivan Mendez Regular 1,543.32
239405 06/16/2023 Karla Navarro Sevier Regular 7,500.00 239406 06/16/2023 Westamerica Bank
- Cafeteria Plan Regular 78,538.98
239407 06/16/2023 AAA Business Supplies Regular 247.78
239408 06/16/2023 Abbott & Kindermann, Inc. Regular 448.28 239409 06/16/2023 Amerigas Propane, LP Regular 110.43
239410 06
/16/2023 Anderson Pump Company Inc Regular 750.00
239411 06/16/2023 Animal Damage Management, Inc. Regular 4,120.00 239414 06/16/2023 Anthony Gomes Regular 516.73
239415 06/16/2023 Apex Annex Health Center, Inc. Regular 665.00 239416 06/16/2023 Aramark Uniform Ser Inc Regular 514.79 239417 06/16/2023 Ascent Aviation Group, Inc. Regular 20,077.46 239418 06/16/2023 AT&T Mobility Regular 729.81
239419 06/16/2023 AT&T Regular
1,259.05
239420 06/16/2023 Richard Ahatonian Regular 300.00
239421 06/16/2023 Ahmed Ali Regular 500.00
239422 06/16/2023 Corinna Arevalo Regular 500.00
239423 06/16/2023 Dorothy June Baker Regular 4.89
239424 06/16/2023 Boot Barn Regular 375.95
239425 06/16/2023 Bound Tree medical LLC Regular 4,884.72 239426 06/16/2023 BSK Associates Regular 530.00
239427 06/16/2023 Ca Dept of Justice Cashiering Unit Regular 1,200.00 239428 06/16/2023 A & E Industrial Cleaning Equipment Regular 2,162.93 239429 06/16/2023 Central Valley Cardiovascular Group Inc. Regular 400.00 239430 06/16/2023 Clark Pest Control Inc Regular 108.00 239431 06/16/2023 CSG Consultants Inc. Regular 517.50
239432 06/16/2023 Dos Palos Publishing Company Regular 52.00 239433 06/16/2023 Electric Drives Inc Regular 825
.28
239434 06/16/2023 Federal Express Corporation Regular 6.82 239435 06/16/2023 Food 4 Less Regular 37.97
239436 06/16/2023 Galvin Preservation Associates, Inc. Regular 25,312.91 239437 06/16/2023 Gouveia Engineering Inc. Regular 20,538.82 239438 06/16/2023 Halcyon Creek Inc. Regular 39,828.57
239439 06
/16/2023 Halo Branded Solutions Inc. Regular 313
.05
239440 06/16/2023 InfoSend Inc. Regular 7,232.63
239441 06/16/2023 Jerry Witt Regular 2,389
.00
239442 06/16/2023 Phil Jacob Regular 360.00
239443 06/16/2023 Jorgensen & Sons Inc. Regular 205.47
239444 06/16/2023 Kone Inc. Regular 819.06
239445 06/16/2023 Brent Kuhn Regular 30,263.00
239446 06/16/2023 Kully Supply, Inc. Regular 295.80
239447 06/16/2023 Los Banos Chamber Of Commerce Regular 100.00 239448 06/16/2023 Lucas Business Systems Regular 521.93 239449 06/16/2023 Marfab Inc Regular 232.03
239450 06/16/2023 Marvulli Inc. Regular 302,770.70
239451 06/16/2023 Merced County Regional Waste Management Authority Regular 10,000.48 239452 06/16/2023 Madera Uniform & Accessories Regular 986.29 239453 06/16/2023 Mid-Valley Disposal LLC Regular 536,255.85 239454 06/16/2023 Miracle Playsystems, Inc. Regular 668.04 239455 06/16/2023 OSE Regular 59.76
239456 06/16/2023 PG&E Company Regular 136,555.65
239457 06/16/2023 Pace Supply Corp. Regular 1,590.40
239458 06/16/2023 Pinnacle Medical Group, Inc. Regular 115.00 239459 06/16/2023 Pitney Bowes Inc Regular 473.25
16 239460 06/16/2023 Pro Group Painting Regular 28,499.05 239461 06/16/2023 Provost and Pritchard Engineering, Inc. Regular 18,723.14 239462 06/16/2023 Protech Security & Electronics, Inc. Regular 312.00 239463 06/16/2023 Save Mart Supermarkets Regular 176
.79
239464 06/16/2023 Springbrook Software, Inc. Regular 2,383.00 239465 06/16/2023 Sorensens True Value Regular 642.55
239466 06/16/2023 Triangle Rock Products Regular 158.18 239467 06/16/2023 Tyler Technologies, Inc. Regular 217.50 239468 06/16/2023 Marie Turman Regular 350.00
239469 06/16/2023 United Textile Regular 218.65
239470 06/16/2023 Pacific Credit Services Regular 89.61 239471 06/16/2023 Ward Road Apartments II, L.P. Regular 2,748.55 239472 06/16/2023 Anel Villegas Regular 600.00
239473 06/16/2023 Windecker Inc Regular 453.05
239474 06/16/2023 Y owig's Air Conditioning Regular 12,301.34 239480 06/21/2023 Aflac-Customer Service Regular 270.18 239481 06/21/2023 AFSCME District Cowicil 57 Regular 1,653.84 239482 06/21/2023 Empower Annuity Ins. Co of America Regular 1,990.00 239483 06/21/2023 Empower Annuity Ins. Co of America Regular 1,067.41 239484 06/21/2023 Los Banos Police Assn Regular 280.00
239485 06/21/2023 Los Banos Police Assn Regular 840.00
239486 06/21/2023 Merced Cowity Sheriff Regular 200.00
239487 06/21/2023 MissionSquare Regular 441.65
239488 06/21/2023 MissionSquare Regular 6,075.00
239489 06/21/2023 Nationwide Retirement Solutions Regular 5,448.33 239490 06/21/2023 Professional Fire Fighter of Los Banos Local 4703 Regular 900.00 239491 06/21/2023 State Disbursement Unit Regular 912.50 239492 06/23/2023 Apex Annex Health Center, Inc. Regular 270.00 239493 06/23/2023 Aramark Uniform Ser Inc Regular 142.46 239494 06/23/2023 AramarkUniform & Career Apparel Group, Inc. Regular 321.06 239495 06/23/2023 AT&T Regular 1,043.03
239496 06/23/2023 Richard A Blak Phd Regular 450.00
239497 06/23/2023 Bowid Tree medical LLC Regular 589.18 239498 06/23/2023 Bruce's Tire Inc Regular 627.59
239499 06/23/2023 BSK Associates Regular 1,812.00
239500 06/23/2023 CALED Regular 800.00
239501 06/23/2023 Central Valley Cardiovascular Group Inc. Regular 360.00 239502 06/23/2023 Chrisp Company Regular 76,219
.35
239503 06/23/2023 Central Sanitary Supply, LLC Regular 1,609.50 239504 06/23/2023 Central Valley Concrete Inc. Regular 753.64 239505 06/23/2023 Comcast Regular 157.21
239506 06/23/2023 Culver Company LLC Regular 3,963.21
239507 06/23/2023 LN Curtis & Sons Regular 7,127.04
239508 06/23/2023 Dave Wetherington Constructin, Inc. Regular 25,849.00 239509 06/23/2023 Dos Palos Publishing Company Regular 2,020.32 239511 06/23/2023 Edges Electrical Group, LLC Regular 8,727.53 239512 06/23/2023 Fast Track Car Wash Regular 672.00
239513 06/23/2023 Federal Express Corporation Regular 8.17 239514 06/23/2023 Foster Bros Security Systems Inc. Regular 63.14 239515 06/23/2023 First Responders Resiliency, Inc. Regular 2,499.00 239516 06/23/2023 Galls Inc Regular 170.08
239517 06/23/2023 Fernando Garcia Regular 475.00
239518 06/23/2023 Garton Tractor Inc Regular 260.72
239519 06/23/2023 Grainger Parts Operations Regular 858.65 239520 06/23/2023 Joanna Gomez Regular 350.00
239521 06/23/2023 Halcyon Creek Inc. Regular 2,575.28
239522 06/23/2023 Henley Pacific, LLC Regular 143.37
239523 06/23/2023 Home Depot Regular 3,755
.27
17 239526 06/23/2023 Jesus V. Miramontes Huerta Regular 680.00 239527 06/23/2023 Marfab Inc Regular 19.95
239528 06/23/2023 Merced Truck & Trailer Inc Regular 88.07 239529 06/23/2023 Cari Moore Regular 725.00
239530 06/23/2023 NDN International LLC Regular 1,077.17 239531 06/23/2023 Frederic Andy Nichols Regular 2,400.00 239532 06/23/2023 OSE Regular 516.22
239533 06/23/2023 O'Reilly Auto Parts Regular 1,924.30
239534 06/23/2023 PG&E Company Regular 1.71
239535 06/23/2023 Pinnacle Medical Group, Inc. Regular 115.00 239536 06/23/2023 Gametime Regular 2,003.55
239537 06/23/2023 Provost and Pritchard Engineering, Inc. Regular 49,239.43 239538 06/23/2023 Protech Security & Electronics, Inc. Regular 120.00 239539 06/23/2023 RAT Incorporated Regular 265.00
239540 06/23/2023 Reds Roofing Company Regular 5,867.00 239541 06/23/2023 Francisco Regalado Regular 650.00
239542 06/23/2023 Save Mart Supermarkets Regular 87.33
239543 06/23/2023 Sorensens True Value Regular 225.79
239544 06/23/2023 Stantec Consulting Services, Inc. Regular 5,425.00 239545 06/23/2023 Sunbelt Rentals, Inc Regular 3,053.72 239546 06/23/2023 Superior Pool Products, LLC Regular 7,051.45 239547 06/23/2023 Sarah Sanchez Regular 600.00
239548 06/23/2023 The Heil CO Regular 220.00
239549 06/23/2023 Jennifer Topete Regular 2,078.38
239550 06/23/2023 Triangle Rock Products Regular 1,916.01 239551 06/23/2023 Tyler Technologies, Inc. Regular 72.50 239552 06/23/2023 Vanir Construction Management, Inc. Regular 108,640.56 239553 06/23/2023 VCA Animal Hospitals, Inc. Regular 138.60 239554 06/23/2023 Law Offices of William A Vaughn Regular 10,310.50 239556 06/23/2023 Verizon Wireless Regular 335.72
239557 06/23/2023 West Publishing Corporation Regular 444.62 239558 06/23/2023 Windecker Inc Regular 10,458.94
239559 06/23/2023 W.M. Lyles Co Regular 1,000.00
239560 06/23/2023 Young's Air Conditioning Regular 72,512.25 Break in check sequence due to the following:
Check #239394 - #239395 (Manual Void) Payment Type Payment Check#239397 (Manual Void) Regular Checks 197 2,443,515.56 Check#239400- #239401 (Manual Void) Manual Checks 0 0.00 Check #239412 - #239413 (Manual Void) Voided Checks 0 0.00 Check #239475 - #239479 (Payroll) 197 2,443,515.56
Check #239510 (Manual Void)
Check#239524 - #239525 (Manual Void)
Check #239555 (Manual Void)
18 LOsBanos
At the Crossroads of California
Agenda Staff Report
TO: Mayor & City Council Members
FROM:
DATE:
Soknirorn Than, P.E., Public Works Director/City Engineer ~{ c:_ July 5, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing Change Order No. 8 to the Design-Build Construction Contract Agreement with Swinerton Builders for the Construction of a New Public Works Parking Lot
Recommendation:
That the City Council adopts the Resolution authorizing the Public Works Director/City Engineer to execute Change Order No. 8 to the Design-Build Construction Contract Agreement for the City of Los Banos Police Station Facility Project to Swinerton Builders for the construction of the Public Works Parking Lot and to increase the project contingency to $974,367.00.
Background:
On December 1, 2021, City Council awarded the Design-Build Construction Contract Agreement for the City of Los Banos Police Station Facility Project to Swinerton Builders in the amount of $22,333,609.00 with a contingency of $274,367.00. The intend of the project was to construct a 28,000 square foot building and a 3,000 square foot pre-engineered . metal Impound Building at 1111 G Street, Los Banos, CA to support Police operations.
Discussion:
To-Date, the construction of the new Police Department is on schedule and is set for occupancy in the Fall of 2023.
With the expansion of Public Works operations at the Corporations Yard located at 1015 F Street, Los Banos, CA, Staff was task in developing solutions to accommodate this growth and future growth. One of the original solutions was to reconstruct a new Corporations Yard near Pacheco Village Apartments by Ward Road and Gilbert Gonzalez Jr Drive. The intend was to combine both the F Street Corporations Yard with ITEM 7B
19 the Madison Avenue Corporations Yard into one facility. This prove to be cost prohibitive and would not yield much developable properties as originally intended.
As a second solution and -to provide immediate relieve to the F Street Corporation Yards, staff initiated the conceptual design of expanding and combining the new Public Works parking lot with the new Police Department. This concept would provide several benefits including: cost saving for the project as a whole, in close proximity to the existing Corporations Yard, expedited project delivery based on existing contract, and provide multi-use functionalities between the Police Department and Public Works. In the Fall of 2022, staff initiated Swinerton Builders and the Design-Build Group to review and develop this concept.
To-date, the design of this addition is completed. This includes the addition of 40 parking stalls with automatic entrance gate, parking lot lighting structures, extension of the proposed masonry perimeter wall, and storm drain facilities in accordance with the City Low Impact Development Standards. In total, this expansion is estimated to be $700,000. The construction of this parking lot will be broken into two phases. Phase I will be ready for construction in July and is included in this Change Order No. 8. Phase II will start soon after and is expected to finish in the fall.
Due to the limited contingency amount approved under the original contract, staff is recommending City Council to adopt the Resolution authorizing the Public Works Director/City Engineer to execute Change·Order No. 8 to the Design-Build Construction Contract Agreement for the City of Los Banos Police Station Facility Project to Swinerton Builders for the construction of the Public Works Parking Lot and to increase the project contingency to $974,367.00. This new contingency amount includes the previously approved contingency of $274,367.00 and an additional $700,000.00 for the construction of the new Public Works Parking Lot.
Flscal Impact:
The additional $700,000.00 has been budgeted in the Corporation Yard Impact Fee Fund (Fund No. 306) and was approved by City Council on June 21, 2023.
DJ
Brent Kuhn, lnte m Finance Director
Attachments:
Resolution
Proposed design of the new Public Works Parking Lot
Change Order No. 8
20 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE
PUBLIC WORKS DIRECTOR/CITY ENGINEER TO
EXECUTE CHANGE ORDER NO. 8 TO THE
DESIGN-BUILD CONSTRUCTION CONTRACT
AGREEMENT FOR THE CITY OF LOS BANOS
POLICE STATION FACILITY PROJECT TO
SWINERTON BUILDERS FOR THE
CONSTRUCTION OF THE PUBLIC WORKS
PARKING LOT AND TO INCREASE THE
PROJECT CONTINGENCY TO $974,367.00
WHEREAS, the City of Los Banos is entering into the Contract Change Order No. 8 for the Design-Build Construction Contract Agreement for the City of Los Banos Police Station Facility Project to Swinerton Builders; and WHEREAS, the term of the Contract Change Order shall be effective upon execution of the parties to this contract; and
WHEREAS, said Change Order, as presented, has been reviewed by the City Attorney of the City of Los Banos; and
WHEREAS, all the terms and conditions of the contract remain in full effect except as expressly amended by the Change Order; and
WHEREAS, the project contingency amount shall be increase to $974, 367.00; and
WHEREAS, the City Council of the City of Los Banos designates the Public Works Director/City Engineer to sign and execute the Change Order to the contract up to the new contingency amount.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby:
1. Approve the Change Order No. 8 to the Design-Build Construction Contract Agreement for the City of Los Banos Police Station Facility Project to Swinerton Builders for the construction of the Public Works Parking Lot as presented.
2. Increase the project contingency amount to $974,367.00 and authorize the Public Works Director/City Engineer to execute the Change Order up this amount.
21 The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 5th day of July 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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25 •
City of Los Banos
Police Department
CONTRACT CHANGE ORDER NO. 08
PROJECT LOS BANOS POLICE STATION
CONTRACTOR SWINERTON BUILDERS
ARCHITECT SHAH KAWASAKI
PROJECT No .. ..:..N::.,/A-=------------
CONTRACT No . ..:.: N:::. IA.:.,_ _______ _
DATE 06.15.2023
Nol&: Give complete description of worlc. The documents supporting this Change Order, including any drawings and estimat&s of cost, lllll referenced hereon and made a part hereof. (Reference supplemental drawing number, request for information number, change order request number. and any other documents as applicable. A copy of each shall be attached to the County's copy of this Cha= Order.I
R p
s F C Description Extra Credit
D I I
• • • 08 PWY - Limited Notice to Proceed $449,452.74
Execution of this change order represents full and final costs of all direct, indirect, and delay costs for the scope of services identified hereon unless noted otherwise. (Time extensions to date are non-compensable}
TOTALS $449,452.74
I hereby certify upon my own personal knowledge that budget funds are available for this encumbrance.
CHIEF.OF POLICE DEPARTMENT
APPROVAL RECOMMENDED
Assistant Construction Mana er 06/15/2023
CONSTRUCTION MANAGER Title DATE
Date
CO Net Extra ........ $449,452.74
Or
CO Net Credit... ....
---- - -------------------------1 New Construction Cost: $23,105,273.91
CONTRACTOR AGREEMENT
The undersigned hereby agrees to the above-described amendment of the contract. Calendar days' lime extended: 21 Days
Ext.
New Construction Completion Date: 09/26/23
(Legal firm name of Contractor)
COPIES TO:
Vice President Division Mana er 06/15/2023
s TURE TITLE DATE • Chiefof Police Department
he Contractor's name shall be as listed on the contract. All signatures must be signed in ink. • Construction Manager • Contractor
CITY APPROVAL • Architect/Engineer
• Other (specify):
APPROVED TITLE DATE
City of Los Banos
Change Order • 06123
26 LOsBanos
inc Cro~sroculs OJ L·al{fornia
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Soknirorn Than, P.E., Public Works Director/City Enginee DATE: July 5, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorize the Execution of a Contract to for the First 5 of Merced County grant for Playground Shade Sail Structures
Recommendation:
That the City Council authorize the City Manager to execute a Contract with First 5 of Merced County for the installation of five shade sail structures to support playground locations.
Background:
In November 2022, First 5 of Merced County released a grant opportunity to parks and recreation agencies in the County. First 5 is funded by revenues from tobacco related taxes.
First 5 completed a county-wide needs assessment in April 2020 that identified obesity and other socio-economic factors that led to low park usage. First 5 sought proposals for improvements to park locations that would support the increased use of parks for ages O to 5.
Los Banos Parks and Recreation utilized priorities identified in the 2021 Parks Master Plan to apply for the funding of shade structures over playground locations. The projects were intended to originally conform to a $200,000.00 budget and successfully completed within a one-year timeline.
Shade structures provide a direct benefit for Los Banos parks. The installation of shade structures will increase the usage of parks and protect the longevity of the playground structures.
The shade sail structures include posts and a fabric sail. Fabric shade sails typically require replacement every 10 years. They provide a cost-effective alternative to large shade arbor structures.
ITEM 7C
27 Discussion:
In May 2023, First 5 of Merced County awarded the City of Los Banos $445,000.00 for the installation of shade sail structures at five park locations. The grant is fully reimbursable, with no matching amount required by the City.
The locations include:
• Big Page Park, 1055 W I St.
• Davis Park, 254 Santa Ana St.
• Citrus Terrace I Park, 226 Citrus Ave.
• Meadowlands I Park, 2600 Wood Duck Dr.
• Ranchwood Park, 515 Stonewood Dr.
The City intends to release a Request for Proposals (RFP) to seek proposals for the purchase and installation of the shade sail structures. Purchase and installation is anticipated to be complete in Fiscal Year 2023-2024.
The City intends to host "Day at the Park" events to celebrate the ribbon cutting of the new shade structures.
Fiscal Impact:
The estimated Fiscal Impact of the project is $445,000.00. The total amount is fully reimbursable, with no City match required.
Revlewedt 'p l '/ r
I ' I XU~~ l{u
Attachments:
Resolution
Contract
28 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH
FIRST 5 OF MERCED COUNTY, FOR A GRANT TO
PURCHASE AND INSTALL SHADE SAIL
STRUCTURES OVER FIVE PLAYGROUND
LOCATIONS
WHEREAS, First 5 of Merced County selected the City of Los Banos as a recipient of a grant for $445,000.00 for the purchase and installation of shade sail structures at five playground locations; and
WHEREAS, the City Attorney has reviewed the contract agreement; and WHEREAS, the City Council of the City of Los Banos has been presented the grant opportunity and the contract; and
WHEREAS, the proposed Contract has been reviewed and approved by the City Attorney; and
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 contract with First 5 of Merced County for the purchase and installation of shade sail structures at five playground locations.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 5th day of July 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
29 THIS PAGE IS INTENTIONALLY LEFT BLANK
30 MERCED COUNTY
CONTRACT NO. 22-506
AGREEMENT .BETWEEN MERCED COUNTY,
ON BEHALF OF FIRST 5 MERCED COUNTY
AND
CITY OF LOS BANOS
THIS AGREEMENT is made and entered into this March 13, 2023, by and between the County of Merced, a political subdivision of the State of California (hereinafter referred to as "COUNTY") on behalf of First 5 Merced County, established pursuant to County Ordinance 17 47 in compliance with the Children and Families First Act of 1998 (hereinafter referred to as COMMISSION), and City of Los Banos, 520 J Street, Los Banos, CA 93635 (hereinafter referred to as CONTRACTOR).
WHEREAS, COMMISSION has received funds under the Children and Families First Act of 1998 (Proposition 10) to enhance and improve early childhood development for children age O through 5 and their families, within Merced County, and WHEREAS, COMMISSION has adopted a Strategic Plan to implement services and programs to achieve the intent of the Act, and
WHEREAS, the Strategic Plan provides for procurement processes for the COMMISSION to select projects for funding to achieve desired services and programs, and WHEREAS, CONTRACTOR is specially trained, experienced, and competent to perform such services, and
WHEREAS, COMMISSION utilizes relevant administrative structure, policies and procedures of the County to distribute those funds, and WHEREAS, CONTRACTOR submitted a proposal for the City of Los Banos, "Safe Play", which COMMISSION has determined is in support of the furtherance of the intentions of the Strategic Plan and the Act and warrants funding.
NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows:
1. GENERAL
CONTRACTOR shall provide such services in a good and professional manner in accordance with the terms and conditions stated herein, and any specifically referenced attachments hereto. The following exhibits are specifically incorporated by reference, attached hereto, and made a part hereof, except when in conflict with this agreement or modified herein:
EXHIBIT A - Scope of Work
EXHIBIT B- Budget Narrative
EXHIBIT C - Invoice & Reporting Instruction
31 CONTRACTOR warrants it has the expertise, appropriate licenses, support staff and facilities necessary to provide the services described in this Agreement.
2. SCOPE OF WORK
Services to be provided under this agreement by CONTRACTOR shall include all necessary services to fulfill the SCOPE OF WORK, Exhibit A, as set forth herein, and made part of this agreement. CONTRACTOR shall perform all such services as an independent CONTRACTOR; not as an agent or employee of the COUNTY.
CONTRACTOR shall conduct the approved project as stated in Exhibits A, B, and C.
3. TERM
The term of this agreement shall commence on March 13, 2023, and end on June 30, 2025, unless sooner terminated in accordance with Sections TERMINATION FOR CONVENIENCE, TERMINATION FOR CAUSE, and/or CONDITION SUBSEQUENT/ NON-APPROPRIATION OF FUNDING as specified elsewhere in this agreement.
4. COMPENSATION
In consideration of CONTRACTOR performing such work as set forth under Section 2: SCOPE OF WORK, COMMISSION shall, through the County AuditorController, pay CONTRACTOR for actual project expenses in accordance with the categories and amounts established in the line item budget attached as Exhibit B budget.
In no event shall the total payments exceed $445,000 for the entirety of the contract term.
Additionally, unless otherwise modified as allowed under the terms of this Agreement, in no event shall the payments for any fiscal year within the contract term (if applicable) exceed the amounts as shown in Exhibit B, Budget.
No other expenses shall be paid to CONTRACTOR without formal approval by the COMMISSION and amendment of this agreement.
CONTRACTOR may request revisions in the line item budget for the project as included in Exhibit B during the term of this agreement in accordance with COMMISSION'S budget revision procedures.
Indirect costs cannot exceed ten percent (10%) of personnel costs less fringe benefits.
If any funds have not been completely expended as approved, or otherwise modified and subsequently approved, at the end of any fiscal year within the term as described in Exhibit B, budget, or at the end of the term of this agreement, CONTRACTOR shall return such funds to the COMMISSION.
CONTRACTOR warrants that no employee, volunteer, agent or independent subcontractor of CONTRACTOR who has been convicted of a felony or against 32 whom a civil judgment has been entered based upon misappropriation of funds or similar action shall have authority or discretion in any way relating to funding provided to CONTRACTOR by COMMISSION such to be able to control disbursements/withdrawals of said funds.
CONTRACTOR warrants that all employees and volunteers, and employees and volunteers of agents or subcontractors of CONTRACTOR, who will have direct contact with service recipients in the course of providing services outlined in the Scope of Work, shall have finger print clearance through an entity determined by COMMISSION, prior to direct contact with service recipients. Documentation demonstrating this clearance shall be kept on file for examination by COMMISSION at its discretion.
5. TERMS OF PAYMENT
Payment for project expenses and satisfactory performance of such services set forth in Section 2: SCOPE OF WORK of this agreement shall be made in the following manner:
CONTRACTOR shall submit invoices, using Exhibit D, Invoice & Reporting Instructions, on a quarterly basis, unless otherwise directed on an alternative schedule, for reimbursement of actual project expenses incurred during the previous period.
Invoices required quarterly are to be submitted by the following dates each fiscal year.
October 15 for program expenses from July 1 - September 30 January 15 for program expenses from October 1 - December 31 April 15 for program expenses from January 1 - March 31 July 15 for program expenses from April 1 - June 30
Invoices are to be accompanied by all required supporting documentation necessary to demonstrate that expenses incurred are consistent with the approved budget and budget narrative in this agreement.
CONTRACTOR may receive an advanced payment of funds provided for under the Compensation section of this Agreement when deemed to be in the interests of furthering the aims of the COMMISSION's strategic plan and subsequent to COMMISSION'S approval.
In order to be considered complete for processing for payment, invoices shall be prepared in accordance with Exhibit D, Invoice & Reporting Instructions.
The COMMISSION may request any additional information or supporting data as deemed necessary for COMMISSION to properly evaluate or process CONTRACTOR'S invoice.
Upon approval by COMMISSION, the sum due hereunder shall be paid to CONTRACTOR through the disbursement process of the COUNTY in a timely manner. Payments will be held if CONTRACTOR is delinquent with any required reports or other submission requirements under this agreement. 33 Failure to comply with invoice submission and all related submittal requirements may result in the assessment of a late fee that reduces the amount of payment due to CONTRACTOR, per the COMMISSION'S procedures for late submission penalties.
Address for the purpose of remitting payment is as follows:
AQencv Name City of Los Banos
Address 520 J Street
City, State, Zip code Los Banos, CA 93635
First and Last Name, Title Joe Heim, Parks & Recreation Operations Manager
If no expenses are incurred by CONTRACTOR in any reporting period, CONTRACTOR shall submit a letter to COMMISSION by the invoice submission deadlines, stating such.
6. NON-SUPPLANTATION
CONTRACTOR shall abide by the intent of the California Children and Families Act of 1998, and Section 30131.4 of the Revenue and Taxation Code which states:
"All moneys raised pursuant to taxes imposed by Section 30131.2 shall be appropriated and expended only for the purposes expressed in the California Children and Families Act, and shall be used only to supplement existing levels of service and not to fund existing levels of service."
CONTRACTOR warrants that no funds provided by COMMISSION shall be used to supplant existing funds from any source for any purpose.
7. SERVICES FOR CHILDREN AGE 0-5 YEARS AND THEIR FAMILIES CONTRACTOR shall abide by the intent of the California Children and Families Act of 1998, and Section 130100 of the Health and Safety Code, which states the program is created for the "purposes of promoting, supporting, and improving the early development of children from the prenatal stage to five years of age. Funds provided under this agreement shall be used solely for the benefit of, and/or services to, children 0-5 and their families.
8. EVALUATION AND MONITORING
Services provided by CONTRACTOR shall be evaluated. CONTRACTOR shall submit evaluation data and related reports, and otherwise participate in the First 5 evaluation, using approved evaluation methods.
Required evaluation data shall be submitted on a regular basis as determined by the First 5 evaluation requirements.
Services provided by CONTRACTOR shall be monitored through quarterly, or as COMMISSION requires, program progress reporting and site visits.
Program progress reporting will be required on a regular basis to ensure compliance with contractual obligations.
34 At least once per year, the COMMISSION shall conduct a site visit as part of this monitoring process. Unless exercised sooner in accordance with Section 21:
RECORDS AND INSPECTION, the COMMISSION may include the examination and auditing of records relating to program services during site visits.
Any deficiencies noted in the provision of services may be addressed by COMMISSION through a corrective action plan in order to remedy any identified deficiency(-ies).
Payments will be held if CONTRACTOR is delinquent with any required reports or submission requirements under this agreement or otherwise fails to address any deficiencies noted in the provision of services.
9. TOBACCO & NUTRITION
During the term of this agreement, CONTRACTOR agrees to:
Maintain a tobacco free environment on CONTRACTOR'S property including inside agency buildings and vehicles, and outside of building entrances within 15 feet of facilities or 25 feet of children's play areas, and as otherwise required by law.
Provide referral information to staff and/or clients on smoking cessation and support programs, and the dangers of second hand smoke, as applicable.
If CONTRACTOR is a family day care provider, CONTRACTOR acknowledges that smoking in a private residence during the hours of operation as a licensed family day care home is prohibited by California law.
If CONTRACTOR is a licensed childcare center, CONTRACTOR acknowledges that smoking on the premises is prohibited by California law.
Provide healthy food and snack options when meals or foods are provided during the course of implementing the Scope of Work, per the approved budget, Exhibit B.
10. AUDITS & REPORTS
Annually, CONTRACTOR shall be responsible for the procurement and performance of an independent fiscal and compliance audit. Any audit undertaken must be performed in accordance with the following standards: Generally Accepted Auditing Standards, Governmental Auditing Standards, and 0MB Circular A-133.
CONTRACTOR shall submit to COMMISSION within one hundred twenty (120) days of CONTRACTOR'S fiscal year-end the completed audit for the prior year.
An audit of a public agency, when performed pursuant to state law, will meet the requirements of this section.
35 COMMISSION reserves the right to require a program specific audit at COMMISSION'S discretion.
COMMISSION may request additional reports as deemed necessary or as required by the California State Children and Families Commission.
11. TERMINATION FOR CONVENIENCE
This Agreement, notwithstanding anything to the contrary herein above or hereinafter set forth, may be terminated by COMMISSION at any time without cause or legal excuse by providing the other party with thirty (30) calendar days written notice of such termination.
Upon effective date of termination, COMMISSION shall have no further liability to CONTRACTOR except for payment for actual services incurred during the performance hereunder. Such liability is limited to the time specified in said notice and for services not previously reimbursed by COMMISSION. Such liability is further limited to the extent such costs are actual, necessary, reasonable, and verifiable costs and have been incurred by CONTRACTOR prior to, and in connection with, discontinuing the work hereunder.
12. TERMINATION FOR CAUSE
The COMMISSION may terminate this Agreement for and be relieved of making any payments to CONTRACTOR, and all duties to contractor should the CONTRACTOR fail to perform any material duty or obligation of the Agreement.
Notice shall be given as otherwise provided herein. In the event of such termination the COMMISSION may proceed with the work in any manner deemed proper by the COMMISSION. All costs to the COMMISSION shall be deducted from any sum otherwise due the contractor and the balance, if any, shall be paid to the CONTRACTOR upon demand. Such remedy is in addition to such other remedies as may be available to the COMMISSION provided by law.
13. CONDITION SUBSEQUENT / NON-APPROPRIATION OF FUNDING The compensation paid to CONTRACTOR pursuant to this Agreement is based on COMMISSION'S continued appropriation of funding for the purpose of this Agreement, as well as the receipt of local, COMMISSION, state and/or federal funding for this purpose. The parties acknowledge that the nature of government finance is unpredictable and that the rights and obligations set forth in this Agreement are therefore contingent upon the receipt and/or appropriation and/or continued retention of the necessary funds. In the event that funding is terminated and I or previously approved funds are de-appropriated or otherwise recaptured by the original funding entity, in whole or in part, for any reason, at any time, this Agreement and all obligations of the COMMISSION arising from this Agreement shall be immediately discharged. COMMISSION agrees to inform CONTRACTOR no later than ten (10) calendar days after the COMMISSION determines, in its sole judgment, that funding will be terminated and the final date for which funding will be available. Under these circumstances, all billing or other claims for 36 compensation or reimbursement by CONTRACTOR arising out of performance of this Agreement must be submitted to COMMISSION prior to the final date for which funding is available. In the alternative, COMMISSION and CONTRACTOR may agree, in such circumstance, to a suspension or modification of either party's rights and obligations under this Agreement. Such a modification, if the parties agree thereto, may permit a restoration of previous contract terms in the event funding is reinstated. Also in the alternative, the COMMISSION may, if funding is provided to the COMMISSION in the form of promises to pay at a later date, whether referred to as "government warrants," "IOUs," or by any other name, the COMMISSION may, in its sole discretion, provide similar promises to pay to the CONTRACTOR, which the CONTRACTOR hereby agrees to accept as sufficient payment until cash funding becomes available.
14. ASSESSMENT FOR LEVERAGING FUNDING
CONTRACTOR agrees to partner with COMMISSION in participating in necessary activities to assess opportunities for, and leverage external funding from, non-First 5 funding sources, as may be available for services described in CONTRACTOR' S Scope of Work.
15. EXTENSION OF CONTRACT
In the event the CONTRACTOR offers to supply their service for the same price as awarded from the result of this proposal for any succeeding period, or in the event the CONTRACTOR is willing to negotiate any justifiable price increase at the time of any succeeding Contract renewal period, if applicable, and it would be economical and in the best interest of COMMISSION, and provided the services have been to the satisfaction of COMMISSION, COMMISSION reserves the right to extend any Contract resulting from this proposal on a term-by-term basis to the CONTRACTOR awarded the Contract.
16. MODIFICATION OF AGREEMENT
Notwithstanding any of the provisions of this agreement, the parties hereafter, by mutual consent, may agree to modifications hereof or additions hereto, in writing, which are not forbidden by law and which are signed by both parties. For any proposed revisions, CONTRACTOR shall submit a revised Scope of Work, Budget and/or Budget Narrative, for review and action by COMMISSION and/or COMMISSION Executive Director, per COMMISSION'S contract revision processes. In the event of any proposed modifications to CONTRACTOR'S budget, a budget revision must be approved prior to the expenditure of any funds in excess of prior-approved amounts.
17. DURABLE EQUIPMENT
Any equipment, materials, supplies, or property of any kind purchased for or financed from funds provided under this Agreement, excepting any funds received for indirect expenses pursuant to the budget document attached as Exhibit B, 37 having a useful life of three (3) years or greater or a value in excess of Five Thousand Dollars ($5,000.00), shall be defined as an inventory item. All inventory items not fully consumed in the work described herein shall be the property of the COMMISSION at the termination of this Agreement unless the COMMISSION, at is sole discretion, makes an alternative disposition.
18. CHANGES IN CONDITION
CONTRACTOR agrees to provide written notice within 14 calendar days to the COMMISSION if significant changes or events occur during the term of this agreement which could potentially impact CONTRACTOR'S progress toward, or completion of, the Scope of Work, including, but not limited to changes in CONTRACTOR'S management personnel, loss of funding, or revocation of the CONTRACTOR'S tax-exempt status, business license or permit.
19. ATTRIBUTION
CONTRACTOR will ensure that all publications, including but not limited to media activities, posters, conferences, brochures, etc., that are used in the approved project shall include a statement that the project is funded by "FIRST 5 Merced County" with the official COMMISSION logo. (Official logo shall be provided CONTRACTOR for such use.) The cost for any materials not meeting the above provisions may not be reimbursed under this Agreement at the sole discretion of COMMISSION.
CONTRACTOR shall be required on occasion to disseminate COMMISSION materials on various issues to further the objectives of COMMISSION'S Strategic Plan. Such materials will be provided to CONTRACTOR with reasonable notice and instructions for dissemination.
20. PROGRAM INCOME
In the event that any funds provided under this agreement result in program income for CONTRACTOR (i.e., funds received from third party payer sources of any nature), COMMISSION may off-set future disbursements to CONTRACTOR in an amount up to the program income amount, at the COMMISSION'S sole discretion. CONTRACTOR shall notify and receive COMMISSION approval, prior to incurring any expenses of COMMISSION funds that may result in the earning of program income that COMMISSION may deduct from future disbursements.
21. INSURANCE
CONTRACTOR shall purchase and maintain the following type of insurance for minimum limits indicated during the term of this agreement and provide Certificates of Insurance evidencing such coverage to the COMMISSION Attn: Certificates of Insurance, 260 E. 15th Street, Merced, California 95341. Certificates of Insurance shall be submitted to the COMMISSION within the first 90 calendar days of the contract term.
38 1. Commercial General Liability: $1,000,000 per occurrence and $2,000,000 annual aggregate covering bodily injury, personal injury and property damage. The County and its officers, employees and agents shall be endorsed to above policies as additional insured, using ISO form CG2026 or an alternate form that is at least as broad as form CG2026, as to any liability arising from the performance of this Agreement.
2. Automobile Liability: If the CONTRACTOR's officers, employees, agents, representatives, or subcontractors utilize a motor vehicle in performing any of the work or services under the Agreement, CONTRACTOR shall provide coverage in the amounts of
$1,000,000 per accident for bodily injury and property damage, or alternatively split limits of $500,000 per person and $1,000,000 per accident for bodily injury with $250,000 per accident for property damage.
3. Workers Compensation: Statutory coverage, if and as required according to the California Labor Code, including Employers' Liability limits of $1,000,000 per accident. The policy shall be endorsed to waive the insurer's subrogation rights against the County.
4. If the successful bidder elects to deliver products to the County using a common carrier that is not related to the bidders business entity.
The bidder may request waiver of the automobile and workers compensation insurance requirements.
Insurance Conditions
Each of the above required policies shall be endorsed to provide the COUNTY and the COMMISSION with 30 days prior written notice of cancellation. Neither the County nor the COMMISSION is liable for the payment of premiums or assessments on the policy. No cancellation provisions in the insurance policy shall be construed in derogation of the continuing duty of CONTRACTOR to furnish insurance during the term of this agreement.
22. INDEMNIFICATION
CONTRACTOR has the contracted duty (hereinafter "the duty") to indemnify, defend and hold harmless COMMISSION, its governing board, officers, employees, agents and assigns from and against any and all claims, demands, liability, judgments, awards, interest, attorney's fees, costs, experts' fees and expenses of whatsoever kind or nature, at any time arising out of or in any way connected with the performance of this Agreement, whether in tort, contract or otherwise. This duty shall include, but not be limited to, claims for bodily injury, property damage, personal injury, and contractual damages or otherwise alleged to be caused to any person or entity including, but not limited to employees, agents and officers of CONTRACTOR.
CONTRACTOR'S liability for indemnity under this Agreement shall apply, regardless of fault, to any acts or omissions, willful misconduct or negligent 39 conduct of any kind, on the part of the CONTRACTOR, its agents, subcontractors and employees. The duty shall extend to any allegation or claim of liability except in circumstances found by a jury or judge to be the sole and legal result of the willful misconduct of COMMISSION. This duty shall arise at the first claim or allegation of liability against COMMISSION. CONTRACTOR will on request and at its expense, defend any action suit or proceeding arising hereunder. This clause for indemnification shall be interpreted to the broadest extent permitted.
23. INDEPENDENT CONTRACTOR
It is mutually understood and agreed that CONTRACTOR is an independent CONTRACTOR in the performance of the work duties and obligations devolving upon CONTRACTOR under this agreement. COUNTY and/or COMMISSION shall neither have, nor exercise any control or direction over the methods by which CONTRACTOR shall perform his professional work and functions. The sole interest and responsibility of the COUNTY and the COMMISSION is to assure that the services covered by this agreement shall be performed and rendered in a competent, efficient and satisfactory manner.
It is mutually understood and agreed that no employer-employee relationship is created and CONTRACTOR shall hold COUNTY and COMMISSION harmless and be solely responsible for withholding, reporting and payment of any federal, state or local taxes, contributions or premiums imposed or required by workers compensation, unemployment insurance, social security, income tax, other statutes or codes applying to CONTRACTOR, or its sub-CONTRACTORS and employees, if any.
It is mutually agreed and understood that CONTRACTOR, its subCONTRACTORS and employees, if any, shall have no claim under this agreement or otherwise against the COUNTY or the COMMISSION for vacation pay, sick leave, retirement or social security benefits, occupational or non-occupational injury, disability or illness, or loss of life or income, by whatever cause.
24. RECORDS AND INSPECTIONS
CONTRACTOR shall maintain full and accurate records with respect to all matters covered under this agreement. To the extent permitted by law, the COUNTY and/or the COMMISSION shall have free access at all proper times or until the expiration of seven (7) years after the furnishing of services to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all data, documents, premises, procedures, and activities pertaining to this agreement.
25. QUALITY OF SERVICE
CONTRACTOR shall comply with all applicable Federal, State and local laws, ordinances, codes and regulations in performing its services. CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in its reports, and other related items or services.
40 26. PERSONAL SATISFACTION AS A CONDITION PRECEDENT
The obligations of the COUNTY and/or the COMMISSION as provided in this agreement are expressly conditioned upon the CONTRACTORS compliance with the provisions of the contract to the personal satisfaction of the COMMISSION and the COMMISSION shall determine compliance in good faith and as a reasonable person would under the circumstances.
27. COMPLETENESS OF AGREEMENT
This agreement and any additional or supplementary document or documents incorporated herein by specific reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of the agreement or any part thereof shall have any validity or bind any of the parties hereto.
28. COUNTY NOT OBLIGATED TO THIRD PARTIES
Neither the COUNTY nor the COMMISSION shall be obligated or liable hereunder to any party other than CONTRACTOR.
29. COMPLIANCE WITH STATE LAWS AND REGULATIONS
The CONTRACTOR, the COUNTY and the COMMISSION agree to comply with all State laws and regulations that pertain to construction, health and safety, labor, fair employment practice, equal opportunity, lobbying, and all other matters applicable to the CONTRACTOR, COUNTY and the COMMISSION, their subgrantees, CONTRACTORS, or subcontractor and their work.
30. COUNTY'S AND COMMISSION'S RIGHTS NOT WAIVED BY PAYMENTS In no event shall the making, by the COMMISSION, of any payment to CONTRACTOR constitute, or be construed as, a waiver by the COMMISSION or the County of any breach of covenant, or any default which may then exist, on the part of the CONTRACTOR, and the making of any such payment by the COMMISSION while any such breach or default shall not be construed as acceptance of substandard or careless work or as relieving CONTRACTOR from its full responsibility under the agreement.
31. SUBCONTRACTS
CONTRACTOR assumes full responsibility for all services and activities covered by this Agreement, whether or not directly provided by CONTRACTOR.
CONTRACTOR shall be considered the sole point of contact regarding contractual matters, including payment of any and all charges resulting from this Agreement. 41 If CONTRACTOR should propose to subcontract with one or more third parties to carry out a portion of those services covered by this Agreement, any such subcontract in excess of $5,000 shall be in writing, containing a proposed Scope of Work and Budget, and be subject to the review and action by COMMISSION prior to approval and execution.
COMMISSION shall have the right to reject any such proposed subcontract. Any such subcontract, together with all other activities by or caused by CONTRACTOR, shall not require compensation greater than the approved total program budget as set forth in Attachment B to this Agreement.
CONTRACTOR shall be responsible to COMMISSION for the proper performance of any subcontract.
Subcontractors shall be subject to the same terms, conditions, data collection, and other reporting requirements, that CONTRACTOR is subject to under this Agreement.
32. PERSONNEL
CONTRACTOR represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. All of the services required hereunder will be performed by CONTRACTOR or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. CONTRACTOR'S personnel are expressly agreed to be the employees of the CONTRACTOR and not the employees of the COUNTY.
33. NOTICES
All notices, requests, demands or other communications under this agreement shall be in writing. Notice shall be sufficiently given for all purposes as follows:
1) Personal delivery. When personally delivered to the recipient. Notice is effective upon delivery.
2) First class mail. When mailed first class to the last address of the recipient known to the party giving notice. Notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.
3) Certified mail. When mailed certified mail, return receipt requested.
Notice is effective upon receipt, if delivery is confirmed by a return receipt. 4) Overnight delivery. When delivered by an overnight delivery service, charges prepaid or charged to the senders account. Notice is effective on delivery, if delivery is confirmed by the delivery service. 5) Facsimile transmission. When sent by fax to the last fax number of the recipient known to the party giving notice. Notice is effective upon receipt, 42 provided that: a) a duplicate copy of the notice is promptly given by first class mail or certified mail or by overnight delivery, orb) the receiving party delivers a written confirmation of receipt. Any notice given by fax shall be deemed received on the next business day if received after 5':00 p.m. (recipient's time) or on a non-business day.
Addresses for purposes of giving notice are as follows:
COMMISSION
First 5 Merced County
260 E. 15th Street
Merced, CA 95341
Scott Waite, Executive Director
CONTRACTOR
City of Los Banos
520 J Street
Los Banos, CA, 93635
Joe Heim, Parks & Recreation Operations
Manager
b) Any correctly addressed notice that is refused, unclaimed or undeliverable because of an act or omission by the party to be notified shall be deemed effective as of the first date that the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messengers or overnight delivery services. c) Any party may changes its address or fax number by giving the other party notice of the change in any manner permitted by this agreement.
34. APPLICABLE LAW
All parties agree that this agreement and all documents issued or executed pursuant hereto and the rights and obligations of the parties to this agreement are subject to and governed by the laws of the State of California in all respects as to interpretation, construction, operation, effect and performance.
Notwithstanding any other provisions of this agreement, any dispute concerning any question of fact or law arising under this agreement, which is not disposed of by agreement between the parties shall be decided by a Court of competent jurisdiction of the State of California.
35. WAIVER
Both parties reserve the right to waive any breach of this agreement and no waiver of any breach, failure of any term or any right to remedy contained in or granted by this agreement will be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. This waiver shall not be construed as a waiver of any subsequent breach or failure of the same term, provision or condition or a waiver of any other term or condition in this agreement. This waiver does not establish or evidence any course of dealing between the parties.
36. BREACH OF CONTRACT
Upon breach of the agreement by CONTRACTOR, the COUNTY and the COMMISSION shall have all remedies, both in equity and/or at law, necessary to 43 recover and satisfy CONTRACTOR'S obligation which it failed to provide as prescribed under the agreement.
37. REMEDY FOR BREACH AND RIGHT TO CURE
If CONTRACTOR fails to perform any agreement or obligation contained in this agreement, the COMMISSION may itself perform, or cause the performance of, such agreement and obligation. In that event, CONTRACTOR will on demand, fully reimburse the COMMISSION for all such expenditures. Alternatively, the COMMISSION at its option, may deduct from any funds owed to CONTRACTOR the amount necessary to cover any expenditures under this provision. This is in addition to any other remedies available to the COMMISSION by law or as otherwise stated in this agreement.
38. SUCCESSORS IN INTEREST
All the terms, covenant, and conditions of the agreement shall be binding and in full force and effect and inure to the benefit of the successors in interest and assigns of the parties hereto. This paragraph shall not be deemed as a waiver of any of the conditions against assignment set forth herein.
39. CONFLICT OF INTEREST
CONTRACTOR warrants and covenants that no official or employee of the COUNTY, or the COMMISSION nor any business entity in which an official of the COUNTY or the COMMISSION has an interest has been employed or retained to solicit or aid in the procuring of the agreement, nor that any such person will be employed in the performance of such agreement without immediate divulgence of such fact to the COMMISSION.
40. EQUAL EMPLOYMENT OPPORTUNITY
CONTRACTOR shall comply with U.S. Executive Order 11246 entitled, Equal Employment Opportunity as amended by U.S. Executive Order 11375, and as supplemented in U.S. Department of Labor Regulations (41 CFC Chapter 60).
41. UNRUH CIVIL RIGHTS ACT
Pursuant to §51.5 of the California Civil Code, CONTRACTOR shall not discriminate or in any way limit access to the business services to be performed under this agreement on the basis of race, creed, religion, color, national origin, sex, disability or medical condition.
42. SECULAR ACTIVITIES
CONTRACTOR, in the performance of the services pursuant to this agreement, 44 shall refrain from any religious teaching, instruction, indoctrination, proselytizing, exposure or discussion. All services provided shall be secular and CONTRACTOR shall have the obligation to ensure compliance with this provision by employees or anyone under CONTRACTOR'S control. The failure of CONTRACTOR to comply with this provision shall be deemed a material breach of this agreement.
43. DRUG-FREE WORK PLACE
CONTRACTOR shall comply with the provisions for a drug-free workplace as set forth by the Federal Drug-Free Workplace Act of 1988 or as last revised.
44. CAPTIONS
The captions of each paragraph in the agreement are inserted as a matter of convenience and reference only, and in no way define, limit, or describe the scope or intent of the agreement or in any way affect it.
45. ASSIGNMENT
CONTRACTOR shall not subcontract or consign this agreement, or any part thereof, or interest therein, directly or indirectly, voluntarily or involuntarily, to any person without obtaining written consent by COUNTY and COMMISSION.
46. FEDERAL, STATE, AND LOCAL TAXES
CONTRACTOR shall pay all taxes lawfully imposed upon it with respect to this agreement or any product delivered with respect to this agreement. COUNTY and COMMISSION make no representation whatsoever as to the exemption from liability to any tax imposed by any government entity on CONTRACTOR.
47. SEVERABILITY
If a court or an arbitrator of competent jurisdiction holds any provision of this agreement to be illegal, unenforceable or invalid, in whole or in part, for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected.
48. COPIES OF AGREEMENT
This agreement is executed in counterparts, each of which shall be deemed a duplicate original.
45 COMMISSION
Date: -----
CONTRACTOR
Date: - ----
Signature: _____________ _
Scott Waite,
Executive Director, First 5 Merced County
Signature: _______________ _
Josh Pinheiro,
City Manager
APPROVED AS TO LEGALITY
AND FORM
Date: ----- Signature: _________ _____ _
Thomas E. Ebersole,
Counsel for First 5 Merced County
46 LOsBanos
\ . the Cros.sro, · · C,difot uia
Agenda Staff Report
TO: Mayor and City Council Members
FROM: Soknirorn Than, P.E., Public Works Director/City Engineer DATE: July 5, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Accepting the Fairgrounds Area Waterline Project as complete and authorizing the filing of a Notice of Completion with the Merced County Recorder
Recommendation:
That the City Council adopt the Resolution to:
1. Accept the construction of the Fairgrounds Area Waterline project as completed; and
2. Authorize the City Manager to file the Notice of Completion with the Merced County Recorder; and
3. Authorize the Public Works Director/City Engineer to release the five (5) percent retention after the thirty-five (35) day period from the date of filing the Notice of Completion with the County Recorder.
Background:
The City of Los Banos adopted the Amended Water Distribution System Master Plan in 2010. One of the planned infrastructure improvements was the replacement of a current 6-inch water line with an 8-inch waterline encircling the Merced County Spring Fairgrounds, beginning at Seventh Street and C Street, to North Street, to D Street, to Third Street, to F Street, down to Seventh Street. The project was designed to increase required fire flows and meet the necessary water supply criteria in the area.
Discussion:
The Public Works Department enlisted the services of one of our consultants, Gouveia ITEM 7D
47 Engineering, Inc., to design the project. The scope of work consisted of furnishing and installing approximately 5,275 linear feet of waterlines, 33 water valves, transferring 54 water service connections, 9 fire hydrants, and concrete and pavement repairs at various streets surrounding the Merced County Spring Fairgrounds.
A mandatory pre-bid site visit was held on June 9, 2022, and the bids were opened on Tuesday, September 6, 2022. The City Council awarded the construction contract on September 21, 2022 to Mid Cal Pipeline & Utilities, Inc. in the amount of $1,454,905.00 with a 10% contingency in the amount of $145,490.00.
There were two change orders with this project. Change Order #1 consisted of adding an extra 45-degree fitting with slurry to avoid pre-existing underground communication lines, for a total of $5,107.81. Change Order #2 consisted of an emergency repair to a failing sewer line trench at Pacheco Blvd/Mercey Springs Rd, for a total of $98,000.00. The total construction cost for this project was $1,558,012.81. This represents the original bid, plus two Change Orders. The Change Order percentage is 7% of the original bid.
Fiscal Impact:
Funds for this project were allocated in the Fiscal Year 2022-2023 budget within the water fund 501-461-100-739. The emergency sewer trench repaircostof$98,000.00 were paid from wastewater collection fund 502-432-100-739.
Josh(j'
Attachments:
Resolution
Notice of Completion
Brent Kuhn, Interim Finance Director
48 RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LOS BANOS ACCEPTING THE
FAIRGROUNDS AREA WATERLINE PROJECT
AS COMPLETE AND AUTHORIZING THE
FILING OF A NOTICE OF COMPLETION WITH
THE MERCED COUNTY RECORDER
WHEREAS, on September 6, 2022 the City of Los Banos received competitive bids for the construction of the Fairgrounds Area Waterline project; and WHEREAS, on September 21, 2022 the City Council awarded the Construction Contract Mid Cal Pipeline & Utilities, Inc. for the construction of the Fairgrounds Area Waterline project; and
WHEREAS, the Public Works Director/City Engineer has determined, upon inspection, that all work has been completed in compliance with the plans and specifications, and in accordance with the approved contract.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby accept Fairgrounds Area Waterline project as complete; authorize the City Manager to file a Notice of Completion with the Merced County Recorder within ten (10) days after acceptance; and authorize the Public Works Director/City engineer to release the five (5) percent retention held in escrow after the thirty-five (35) days from the date of filing the Notice of Completion.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 5th day of July 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
49 THIS PAGE IS INTENTIONALLY LEFT BLANK
50 RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
CITY OF LOS BANOS
520 'J' Street
Los Banos, California 93635
NOTICE IS HEREBY GIVEN:
NOTICE OF COMPLETION
1. That the interest of estate stated in paragraph 3 below in the real property hereinafter described is owned by the following:
NAME STREET AND NO.
CITY OF LOS BANOS 520 'J' Street
CITY
Los Banos
STATE
California
(If more than one owner of the interest stated, the name and address of each must be inserted.)
2. That the full name and address of the owner of said interest or estate, if there is only one owner, and the full names and addresses of all the co-owners who own said interest or estate as joint tenants, as tenants in common or otherwise, if there is more than one owner, are set forth in the preceding paragraph.
3. That the nature of the title of said owner, or if more than one, then of said owner and co-owner is: In Fee.
4. That on the 16th day of June, 2023, a work of improvement on the real property hereinafter described was completed.
5. That the name of the original contractor, if any, for such work of improvement was ____________ _ Mid Cal Pipeline & Utilities, Inc.
(Ifno contractor for work of improvement as a whole, insert "No Contractor.")
6. That the real property herein referred to is situated in the -----=C=iry--"' o~f=L=o~s =B=an=o=s~---------- County of Merced State of California, and is described as follows:
"Construction of Fairgrounds Area Waterline"
The major work consists of furnishing and installing approximately 5,275 linear feet of waterlines, 33 water valves, transferring 54 water service connections, 9 fire hydrants, and concrete and pavement repairs at various streets in the City of Los Banos.
I declare under penalty of perjwy under the laws of the State of California that the foregoing is true and correct.
Date: CITY OF LOS BANOS
Owner
Place: Los Banos, California By: ----------------
ACKNOWLEDGMENT
51 THIS PAGE IS INTENTIONALLY LEFT BLANK
52 LOsBanos
At the Cross,·oads of Calift>rnia
Agenda Staff Report
TO: Mayor and City Council Members
FROM: Soknirom Than, P.E., Public Works Director/City Engineer ~/C.
DATE: July 5, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Entering into a Professional Services Agreement with Carollo Engineers, Inc. for Wastewater Collection Master Plan Update Recommendation:
That the City Council adopt the Resolution entering into a Professional Services Agreement with Carollo Engineers, Inc. (Carollo) to update the City's Wastewater Collection Master Plan in the amount of $299,600. The Professional Service Agreement also includes the review of the City's Operation and Maintenance Programs to be started in Fiscal Year 25 or after completion of Master Plan with an additional amount not-toexceed of $35,900 for this service.
Background:
The current Wastewater 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 and comprehensively cover policy, regulatory compliance, expansion and operations over a twenty-year planning horizon. The study will analyze the existing system, provide a capital improvement program with listed funding sources that will accommodate new growth consistent with the General Plan Update and be a guide for the management and implementation of improvement projects.
Discussion:
On April 5, 2023, the City released a Request for Proposals soliciting the services of a qualified consultant to update the City's Wastewater Master Plan. The submission deadline was May 18, 2023 and the City received four proposals:
1. Provost & Pritchard
2. Carollo Engineers
3. Stantec Consulting Services, Inc.
4. Black Water Consulting Engineers
ITEM 7E
53 Reviewed by:
•
;~{
• Yov\~
Josh Pinheiro, c· Brent Kuhn, Interim Finance Director
J
Attachments:
Resolution
PSA with Exhibit A • Proposal, and Exhibit 8 • Schedule of Fees 54 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 WASTEWATER MASTER
PLAN AND TO AMEND THE FISCAL YEAR 2023-
2024 BUDGET BY INCREASING
APPROPRIATIONS IN THE WASTEWATER
COLLECTIONS FUND LINE ITEM 502-432-100-
231 IN THE AMOUNT OF $49,600.
WHEREAS, on May 18, 2023 the City of Los Banos received proposals for consultant services to update the Wastewater 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; WHEREAS, the City Attorney has prepared the Professional Services Agreement between the City of Los Banos and Carollo Engineers, Inc. for said services; WHEREAS, the City Council of the City of Los Banos has been presented a proposal to increase appropriations in the Fiscal Year 2023-2024 Budget; WHEREAS, the proposed amendment to the Fiscal Year 2023-2024 would increase expenditures by $49,600 in the Wastewater Collections Fund (502-432-100- 231).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby:
1 . Authorize the City Manager to execute the Professional Services Agreement with Carollo Engineers, Inc. to update the Wastewater Master Plan in the amount of $335,500.00.
2. Amend the Fiscal Year 2023-2024 Budget by increasing the appropriation amount in the Wastewater Collections Fund (502-432-100-231) in the amount of $49,600.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 5th day of July 2023, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:
55 AYES:
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
56 PROFESSIONAL SERVICES AGREEMENT
FOR WASTEWATER 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 37103, 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.
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 V0J.23.2023 1
57 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 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 $335,500.00.
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 V0J.23.2023 2
58 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.
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. 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.
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 V03.23.2023 3
59 B. Signature. A person authorized by the insurer to bind coverage on its behalf shaJI sign certification of aJl required policies.
C. Acceptable Insurers. AB insurance policies sha11 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. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one miIJion doJlars ($1,000,000). Consultant shaJI 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 shaJI 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 doJlars ($2,000,000) per occurrence, four million do11ars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Consultant's general liability policies sha11 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 shaJI 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 shaJI 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 Jess than two million do11ars ($2,000,000) per accident. If Consultant owns no vehicles, this requirement may be met through a non-owned auto endorsement to the COL policy.
iv. Professional Errors and Omissions Insurance. Consultant shaJI 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 sha11 be included in Consultant's bid.
E. Endorsements. Each general liability and automobile liability insurance policy shaJI be endorsed with the fo11owing specific language:
WA V03.23.2023 4
60 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. 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.
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.
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 V03.23.2023 5
61 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 folJow 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, shalJ 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 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 V03.23.2023 6
62 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. Confidentiality. 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 shaJI 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.
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 V03.23.2023 7
63 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 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. Severabilitv. 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 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 WA V03.23.2023 8
64 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.
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 V03.23.2023 9
65 actions described herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement 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
WA V0J.23.2023 10
Carollo Engineers, Inc.
by:
CITY OF LOS BANOS, a California
municipal corporation
by: Josh Pinheiro, City Manager
66 EXIDBIT A - SCOPE OF SERVICES
Task 1: Project Kickoff and Work Plan
To kick off the project, the selected team shall meet with the City to develop a final work plan and budget based on this RFP and the selected 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: Review of Existing Conditions and Documents
Collaborate with City staff and perform necessary field work to obtain information and data needed for modelling and analysis.
• Comprehensively review the existing Wastewater Master Plan (2010) and the General Plan Update (2042), population growth and development projections, and other applicable documentations.
• Assess current and probable future regulations that will affect the operation and maintenance of the sewer system through the planning horizon.
The following documents are available on the City's website under the links below:
• Wastewater Master Plan amended March 2010; https://losbanos.org/wpcontent/uploads/2021/05/pw wastewater mp 2010-7.pdf • General Plan Update 2042; https://losbanos2042.org/
• SSMP: https://losbanos.org/wp-content/uploads/2013/09/SSMP-2019-Online-PDF.pdf Task 3: Data Collection and Analysis
Locate sanitary sewer infrastructure elements, including pipes, inlets, manholes, lift stations, easements and map system on GIS; survey and assess conditions of sanitary sewer infrastructure (with possible need for televising pipes) and determine capacities of existing facilities; include identification of high risk SSOs, 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 Master Plan will require the Consultant to develop a thorough understanding of the sanitary sewer system, including the operation and maintenance practices of the various wastewater systems. The Consultant shall review and evaluate City information and available data.
The Consultant shall review the WDR and develop short- and long-term improvement projects to convey, treat, and discharge the effluent per the applicable permits.
Based on the findings, the assessment shall recommend improvements as part of the short- and long-term maintenance plan.
67 Task 3.1: Hydraulic Model
Develop a hydraulic model of the City's wastewater system to evaluate the system capacity and identify deficiencies. The Consultant shall provide a recommendation on a hydraulic model for the City and develop that model. The model shall assess the conveyance capacity for the collection system and perform "what if' scenarios to assess the impacts of future developments and land use changes.
Task 3.2: Develop a GIS Inventory and Update AutoCAD Basemap Provide a complete inventory of the City's wastewater system assets. The Consultant shall conduct a GIS inventory of the City's wastewater system assets and update the existing database. However, the information on the wastewater 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.ore/wp-content/uploads/2023/03/Appendix-A-Swr-Final.pdf Task 4: Evaluate Operation and Maintenance Programs
The primary goal of this task is to assess the need for additional resources and equipment to provide the desired level of service associated with the City's Wastewater Fund. If needed, this task should result in a business case for these additional resources.
To meet this need, the Consultant will review the Operation and Maintenance Program and will recommend a general operation and maintenance approach and schedule including an assessment of personnel and major equipment requirements and annual costs of operation. Recommendations will document existing maintenance operations, detail any required additional operations to meet level of service goals or WDR compliance, prepare applicable cost estimates, and compare these costs with historical costs and similar operation and maintenance programs of other municipalities and private agencies.
Task 5: Develop Capital Improvement Program
Consultant shall review and update the Existing Master Plan's capital improvement implementation plan and add new developments to prioritize improvement projects. The consultant shall evaluate system resiliency and recommend improvements for critical wastewater infrastructure and shall recommend estimated timing of needed improvements and phasing, while considering the time impacts of seasonal regulatory requirements on affected systems.
The Master Plan shall identify and prioritize improvements giving present worth cost summaries and timetables necessary to remedy those deficiencies. The consultant shall update and develop the 20-year Capital Improvement Plan, incorporating those projects in the City's current Capital Improvement Program and budget.
Task 6: Plan Adoption
This task includes the plan adoption phase, allowing time and effort to present to the public and City Council for comment and review leading up to the adoption by City Council. 68 Organization and Approach
69 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 Administrator Ryan Orgill will lead our
team. He has over 17 years of master planning
experience and is Carollo's company-wide
Collection System Modeling Lead. In addition,
our Quality Manager, 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 Modesto, Tulare, and Turlock.
Ryan will work hand in hand with Principalin-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.
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, and cost estimating. Our team will be
augmented by specialty subconsultants
to support surveying, flow monitoring,
and CCTV efforts. As a group, these
professionals represent our best-qualified
team to successfully meet the objectives
of your Wastewater Master Plan Update.
QUALITY MANAGER
Tim Loper, PE?
19 120
SUPPORT
GIS
Los Banos
1-- Jeon••• Pratt, PE f I <1 120
PRINCIPAL-IN-CHARGE
PROJECT ADMINISTRATOR
Ryan Orgill, PE y
17 117
PROJECT ENGINEER
Danielle Orgill, PE f
8 19
I
MODELING
Joaquin Ramirez, PE f
9 19
I
Surveying
Years of Carollo experience
Years of Overall experience
(> Our key team
f members are
committed for
the duration of
the project
Jackie Silber, GISP
6 119
O'Dell Engineering, Inc
Cost Estimating
Ryan Hook, PE
20 123
Flow Monitoring
V&A Consulting Engineers
CCTV
Badger Daylighting
CAROLLO• / PROPOSAL / MAY 2023
1~O-BD-1\BD-Data\Marketing\Pursuits\Clienl86[FNO)\LosBanos\WaslewaterMPUpdale\Prop0523~ndcl\03-OrganizationAndApproach 70 ORGANIZATION AND
SUBCONSULTANTS
Carollo proposes to use the following subconsultants as part of our team, all chosen because of their specialized expertise and. successful track record working with Carollo.
O'DELL ENGINEERING, INC.
SURVEY
O'Dell Engineering was founded in 1994 and
currently offers civil engineering, land surveying,
EN G 1 NEE -R 1 N G landscape architecture, and land use entitlement and land planning services. The firm currently
employs over 70 professionals with regional offices in Modesto. Fresno.
Pleasanton, and Carlsbad. O'Dell's project managers are licensed professional land surveyors and have extensive experience in boundary surveying and topographic mapping for public projects. Carollo and O'Dell have teamed to complete more than eight projects throughout the Central Valley.
V&A CONSULTING ENGINEERS
FLOW MONITORING
V&A helps municipalities and agencies manage
~
,... 411!1. V&A their water and wastewater collection systems and mitigate sanitary system overflows. The
firm's flow monitoring division incorporates the
consulting engineers latest data collection and metering technologies and conducts a wide range of 1/1 analysis for
municipalities and master planning consultants. They have completed over 100 sanitary and stormwater flow monitoring projects ir"I the past five years alone in support of master planning studies, totaling more than 1,200 flow monitoring locations. In addition, Carollo has worked with V&A on over 70 planning and modeling projects over the last 20 years.
BADGER DAYLIGHTING
CCTV
• R DAYLIGHTINGBadger Daylighting is the industry leader in nondestructive hydro excavation
services. Since 1992, Badger has been
innovating cutting-edge technology
providing services to a diverse customer
base including oil and gas. energy,
industrial. construction, transportation and other markets, as well as numerous government agencies within Canada and the United States.
CAROLLO• I PROPOSAL I MAY 2023
\YO-BD-1\BD-Data\Marketing\Pursuits\Client86(FNO)\LosBanos\WastewaterMPUpdate\Prop0523Yndd\03-0rganizationAndApproach 71 PROJECT APPROACH
Project Understanding
The City of Los Banos collects and treats
wastewater generated by residents. businesses,
and industries within the city limits. The
wastewater collection system consists of over
130 miles of sewer pipe ranging from 4 inches
to 30 inches in diameter, and 13 sewer lift
stations. Wastewater is conveyed to the WWTP
located in the Northeast area of the City.
In 2008, Carollo prepared the City's current
Wastewater Master Plan, which included evaluation
of the wastewater collection system. Carollo
developed the collection system hydraulic
model as part of the Master Plan to identify
capacity upgrades required to collect and convey
wastewater within the City's service area.
City Objectives
The City would like to complete a Wastewater
Master Plan Update (2023 Master Plan Update) with
a 20-year planning horizon that includes evaluation
of the collection system. The 2023 Master Plan
Update will include an assessment of the existing
wastewater system and provide near- and longterm projects identified in the Capital Improvement Program (CIP). As with concurrent master planning
efforts, it must be a plan that can be depended on
for both short- and long-term growth objectives
and coordinated with the City's financial planning
stakeholders.
The 2023 Master Plan Update will serve as a
strategic planning guide for maintaining, improving,
and expanding the City's wastewater system. In
addition. it will include an evaluation
of operations and maintenance
programs and serve as the basis
for recommendations on the
City's wastewater CIP.
ORGANIZATION AND
Critical Success Factors
Developing a 20-year CIP has multiple
challenges that must be addressed to
achieve success. Specific critical success
factors this plan must address include:
f. Implementing a robust work plan to deliver
the 2023 Master Plan Update.
2. Developing accurate and realistic flow
projections to accommodate new growth
consistent with the General Plan 2042
and thoughtful flow monitoring placement
for developing an accurate model.
3. Providing the tools necessary for the City
to implement a CIP that is defensible,
accessible. and supports changing variables
over the 20-year planning horizon.
4. Incorporating an effective outreach program that
demonstrates the key benefits of the project
recommendations to build valuable support from
ratepayers and internal/external stakeholders.
Our team features Carollo planning managers
hand-picked to meet your critical success factors.
Their skills are paired with Carollo's technical
collection system experts, and supplemented with
well-respected subconsultants, to form a cohesive
team tailored to meet your specific challenges. Our
approach to meeting the identified critical success
factors is summarized in the following pages.
Carollo developed the City's Wastewater Master
Plan in 2010. The City needs to review planning
assumptions on growth and develop revised
projects to serve future users.
~t~~l/;~1~;c{~~~~~f!ie~~~~:~r~uits\Clle11t86(FNO)\LosBanos\WastewaterMPUpdate\PropOS23\lndcl\03-0rganlzationAndApproach n
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ORGANIZATION APPROACH
-._ ~ ~
CRITICAL SUCCESS FACTOR 1:
Implementing a robust work plan to deliver the 2023 Master Plan Update.
OUR APPROACH: Implementation of the City's 2023 Master Plan Update will require a plan to coordinate with City staff at key points of the project and efficient data review and utilization to avoid re-work. A key part of the project will be the development of flows through flow monitoring and land use projections and rehabilitation and replacement identification.
Implementing these key items into an integrated CIP will provide clear short- and long-term capital project and funding needs.
Master Plan Update Work Flow Plan
--- Data Field Investigation H&H Modeling/ CIP Collection Condition Assessment Evaluation Collection System Model Selection Project Prioritization Infrastructure Assessment and Selection
Kickoff Initial Collection Survey/Mapping System Modeling Cost Development Flow Monitoring Existing and
Future Evaluations
CIP Development
l&I Analysis
Collection srirem
Alternatives D and
Preliminary Costs
Final Collection
System Modeling and
Preferred Alternatives
25% Submittal 50% Submittal 100% Submittal
Data Review and Condition Final GIS Update Final
Assessment TM WNMP
Modeling Results and
Preferred Alternative TM
I 0 0 0
Stakeholder Stakeholder Stakeholder
Meeting #1 Meeting#2 Meeting#3
50% 75% 100%
Submittal Submittal Submittal
Meeting Meeting Meeting
CAROLLOe I PROPOSAL I MAY 2023
\\IO-BD-1\BD-Data\Marketing\Pursuit.s\Client86(FNO)\LosBanos\WastewaterMPUpdate\Prop0523\lndd\03-0rganizationAndApproach ---=~
73 ORGANIZATION AND
CRITICAL SUCCESS FACTOR 2:
Developing accurate and realistic flow projections to accommodate new growth consistent with the General Plan 2042 and thoughtful flow monitoring placement for developing an accurate model.
OUR APPROACH: Flow projections and current flow monitoring are critical data collection elements related to project success. You need a team that has proven success in both areas to provide a plan that you can rely on.
Flow Projections: Local knowledge, agency coordination, and a robust land use approach provide a reliable flow projection window for wastewater collection system and facility planning. Carollo's planning team has refined this approach to developing flow projections over the last 20 years to create a system that is less like looking into a crystal ball and more of an exact science. Carollo will utilize GIS, water billing records, agency-specific planning assumptions, and coordination with staff to develop a justifiable and realistic window of flow projections that allows for strategic planning of City facilities. Our approach accounts for the variability in the dynamics of contributing growth while still allowing the required flexibility in capital project implementation.
Agency Coordination Projected Flow Envelope ,--------------- --, .. lwdOl,cJ.lows~ff91 ~---•p - ---~ r- -~ -----11;-- ~,_ -- I 1•-
~ldat.Y11t•U:PI I
I
....
Carollo will develop a
realistic projection of
future flows that will set
the foundation for facility
planning over the next
20 years using an integrated
approach to meld GIS, water
meter billing records, and
agency coordination to
develop a complex and ____________ ___, complete understanding of LandUseGIS
Flow Monitoring: The flow monitoring program is
critical for calibrating the collection system model
to yield meaningful system data. Carollo and V&A
have collaborated on delivering more than 50
projects in the last 15 years and have developed
an approach to flow monitoring that delivers
quality and reliable data that seamlessly integrates
with Carollo's model calibration templates. To
build on the work previously performed, we will
review existing locations and identify alternate
site locations to refine our understanding of
the City's system, such as areas with capacity
deficiencies and upstream of lift stations, and
to isolate specific land use types (e.g., new and
older neighborhoods, commercial/industrial). We
will also develop a monitoring timeline that will
capture impacts of infiltration and inflow (l&I).
V&A Flow Monitoring
Electronic Deliverable
-- -· -- ... --- ~-=-- ,: ~-;·::-~ ,b,J,__:_'· ! c-~-~t~-"::"'! -~~ . -··-, ~- ,: I
: -~ . ~ ~- ........
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!7'.o:.t::nlflm
existing flow contributions
and city growth.
Carollo Hydraulic Model
Calibration Templates
Carollo's long-term collaboration with V&A has allowed for the development of seamless flow monitoring and modeling tools. This integration results in increased efficiency and quality control.
CAROLLO• / PROPOSAL / MAY 2023
\\IO·8D·1\BD-Data\Marketlng\Pursuits\Client86(FNO)\LosBanos\WaslewaterMPUpdate\Prop0523~ndcl\03·OrganizationAndApproach 74 ~
"-:: -~ ORGANIZATION APP H ~
~
CRITICAL SUCCESS FACTOR 3:
Providing the tools necessary for the City to implement a CIP that is defensible, accessible, and supports changing variables over the 20-year planning horizon.
OUR APPROACH: We heard from you that a
key component to each of the City's Master Plan
Updates is to gain support and consensus from both
internal and external stakeholders. Just as Carollo
proposed for the Storm Drain Master Plan Update,
Carollo will provide electronic planning tools with
the Wastewater Master Plan Update that will allow
the City to effectively communicate CIP data to
project stakeholders and aid in garnering the support
needed for successful implementation of the CIP.
The electronic master planning tool, which can be
easily accessed through GIS, will include all the
information needed for project implementation-cost,
project need/driver(s), project priority. Additionally, input data can be easily adjusted by you as the
.. ...;,u: ..... ni..-, 2'1d-J
•,.,,.a;Nanw. ~Maii~Spa,ks .... rTIWl{T~--~
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c ·carolfo
end user over the course of the CIP, providing a
valuable tool when evaluating changes in variables
such as cost, schedules, and project priorities.
Carollo's electronic master planning tools make it easy to share useful information with project stakeholders.
CRITICAL SUCCESS FACTOR 4:
Incorporating an effective outreach plan that demonstrates key benefits of the project recommendations will build valuable support from ratepayers and internal/ external stakeholders.
OUR APPROACH: An effective outreach plan is
essential to implementing the City's vision. The
purpose of integrating outreach efforts is to make
sure the City conveys timely, accurate, and clear
information to the public and all stakeholders
throughout the master planning process and to
foster ownership in the successful adoption of the
2023 Master Plan Update by City Council. Tim Loper
has worked with many agencies such as yours with
outreach for planning projects and will work with your
staff to incorporate outreach components. including:
• Web-based platform to share key master
plan updates and the means to collect
end-user questions and feedback.
• Stakeholder identification.
• Development of messaging strategies.
• Internal and external workshops at each
milestone throughout the process.
• Identification of critical decision points
that require stakeholder feedback.
• Overall strategy for City Council review and
adoption of the 2023 Master Plan Update.
CAROLLO• / PROPOSAL / MAY 2023
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75 SCOPE OF SERVICES
Carollo has carefully reviewed your RFP and is
prepared to execute all of the efforts in the scope
of services. To streamline processes, we will
approach the tasks for the Wastewater Master
Plan using a strategy similar to the plan submitted
with the City's Storm Drain Master Plan proposal.
Our team has developed a detailed work
plan 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
work plan and schedule include the following:
• Meeting effectiveness to save time.
Monthly status meetings will be integrated
into the work plan 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.
• Coordinated stakeholder meetings and
outreach efforts to keep ratepayers and
internal/external stakeholders informed. We
have included strategically timed meetings to
engage internal and external stakeholders.
Additionally, as we heard from you, we will
assist the City in maintaining a web-based
platform to share master plan updates.
• Identifying areas of high 1/1 and coordinating
improvements to address them. This analysis
will Identify and quantify 1/1 and determine
the best approach regarding mitigation
of identified system inefficiencies.
• Analysis of identified deficiencies followed
by accurate cost estimating to support
both near- and long-term CIP efforts.
» Deficiencies within the City's sewer system will
be identified through both the hydraulic model
and the 1/1 analysis. Examples of the types of
improvements that may be needed include:
Capacity increases.
Reliability enhancements.
- Replacement of defective system elements.
-~
- --~ APPROACH~ _==:::::; ORGANIZATION
> Carollo is an industry leader in estimating
probable construction costs for municipal
water and wastewater projects. Our cost
information is not based just on historical
data such as published data sources, actual
construction bids, and information provided
directly by suppliers, but also reflects
the projected trends in the industry.
• Although not specifically addressed in the
RFP, an important component of any collection
system is the development and maintenance of
the Sewer System Management Plan (SSMP).The
SSMP is a requirement of the State of California's
Regional Water Quality Control Board's (RWQCB)
new Waste Discharge Requirements Order
for Collection Systems. We have significant
experience with SSMP development and
believe you should consider it as one of the
objectives of your WWMP Update. We have
included the SSMP as an optional task If it is
included the SSMP would be an extension of
"Task 4 - Evaluate Operation and Maintenance
Programs". The SSMP would reflect current
practices, goals, and objectives for effective
planning and management of the City's collection
system. The SSMP would meet the sewer system
management plan regulatory deadlines and
lead to a practical management program that
enhances the City's control of the sewer system.
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.
---=--=-:::s:
CAROLLO• / PROPOSAL / MAY 2023
\\I0-8D-1\BD-Data\Marketlng\Pursuits\Olent86(FN0)llos8anos\WastewaterMPUpdate\Prop0523\lndd\03-0rganizationAndApproach 76 MANAGEMENT APPROACH
Successful completion of the 2023 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. Management Philosophy.
2. Quality Management.
3. Functional Management Elements.
1. Management Philosophy
Carollo's management philosophy, the success of our company, and the success of the team assembled for the 2023 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. Quality Management
Carollo is committed to quality. A detailed program for quality is incorporated into each of our projects to provide high-quality 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 APPROACH ~
--~
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 assigning the proper 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 Manager,
Ryan Orgill, with oversight from our Principal-in-Charge, Jennifer Pratt.
3. 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 the 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
Email, telephone discussions, and informal meetings
(both in person and virtual) will also be used to
coordinate, share, and request information.
-- --==~
CAROLLO• I PROPOSAL I MAY 2023
l\I0-BD-1\BD-Data\Marketing\Pursuits\Cllent86(FNOJ\LosBanos\WaslewaterMPUpdate\Prop0523~ndd\03-0rganizatianAndApproach 77 THIS PAGE IS INTENTIONALLY LEFT BLANK
78 EXHIBIT 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 ........................................... $ 7,300 Task 2: Review of Existing Conditions and Documents .... ............ ... .... $ 6,500 Task 3: Data Collection and Analysis ................ ............ .... .............. $ 104,500 Task 3.1: Hydraulic Model ..................... .. .. .................................. $ 57,500 Task 3.2: Develop a GIS Inventory and Update AutoCAD Basemap ....... $ 34 , lOO Task 4: Evaluate Operation and Maintenance Programs ................ ......... $ 3 5 , 9 O O Task 5: Develop Capital Improvement Program ..... .. ............................ $ 6 7, 6 O O Task 6: Plan Adoption ......... .............. .... ... .... ................................ $ 2 2 , 1 O O Consultant Rate Schedule~
The rate for any authorized additional services is shown below:
Position Title Hourly Rate
Senior Professional $313
Lead Project Professional $275
Project Professional $250
Professional $225
Assistant Professional $185
Senior Technician $185
Technician $161
*See attached 2023 Fee Schedule for all rates.
79 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. 80 T Cityof B L OS ·
·;an o ~- At the crossroluls o .fan1w
Agenda Staff Report
TO: Mayor & City Council Members
FROM:
DATE:
Sokirom Than, P.E., Public Works Director/City Engi.-r ~ j[__ July 5, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Regional· Surface Transportation Program (RSTP) Exchange Funds Claim Form Submittal - Fiscal Year 2022/2023
Recommendation:
That the City Council adopt the Resolution authorizing the City Manager to submit claim form on behalf of the City of Los Banos for Fiscal Year 2022'2023 Regional Surface Transportation Program (RSTP) Exchange funds in the amount of $641,641.00 to Merced County Association of Governments (MCAG).
Discussion:
Attached for City Council review is the claim form and Resolution with which the City of Los Banos may claim Fiscal Year 2022/2023 Regional Surface Transportation Program (RSTP) Exchange funds. The amount available to claim by the City of Los Banos is $641,641.00.
Fiscal Impact:
The disbursement of the RSTP funds that are available to the City of Los Banos will be used in conjunction with existing road tax revenues for street and road improvements in the Fiscal Year 2023/2024 budget, Street Repair account number 100-431-210-211.
There is no foreseen additional impact to the City.
Josh (/mhei , City Manager
Attachments:
Resolution
FY 2022/2023 RSTP Exchange Fund Claim Form
FY 202212023 RSTP Exchange Fund Apportionment Schedule
ITEM 7F
81 THIS PAGE IS INTENTIONALLY LEFT BLANK
82 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE CITY
MANAGER TO FILE A REGIONAL SURFACE
TRANSPORTATION PROGRAM (RSTP)
EXCHANGE PROGRAM FUND CLAIM FORM
FOR FISCAL YEAR 2022-2023
WHEREAS, the Merced County Association of Governments (MCAG) and the California Department of Transportation (Caltrans) have entered into a Standard Agreement contract to exchange unobligated balances of federal Regional Surface Transportation Program (RSTP) funds with non-federal State Highway Account funds; and
WHEREAS, Caltrans Division of Programming releases a 5-year ESTIMATE of RSTP Exchange Program apportionments for inclusion in the Federal Transportation Improvement Program (FTIP) Programming document every 2-years to California Metropolitan Planning Organizations (MPOs); and
WHEREAS, MCAG is the designated MPO for Merced County; and WHEREAS, the Annual RSTP Exchange Program fund apportionment is an estimate and subject to change during the fiscal year (FY) due to many Federal Surface Transportation Bill variables including the annual appropriations act as well as other Congressional action (i.e. rescissions); and
WHEREAS, a FINAL RSTP Exchange apportionment amount is published at the end of the FY2-23 and can be different than the ESTIMATE RSTP Exchange apportionment figure; and
WHEREAS, Annually, Caltrans sends MCAG a Standard Agreement contract that includes an RSTP Exchange Program apportionment figure; and WHEREAS, MCAG applies a RSTP population based distribution formula using current Department of Finance (DOF) population estimates (May 2023) to the RSTP apportionment to determine the amount of RSTP Exchange funds to be distributed to MCAG member jurisdictions; and
WHEREAS, the City of Los Banos has an ESTIMATE RSTP Exchange Program fund apportionment amount available to claim in FY22-23 of $641,641.00; and WHEREAS, payment of the ESTIMATE RSTP Exchange fund claim will be subject to all conditions specified in the fully executed standard contract agreement between MCAG and Caltrans, as well as the MCAG RSTP Exchange Claim form requirements: Projects to be funded with this claim are only those projects that are 83 defined under Sections 133(b) and 133(c) of Title 23, United States Code and Article XIX of the California State Constitution, implemented in accordance with the requirements of Section 182.6(d)(1) of the Streets and Highways Code; and WHEREAS, if the FINAL RSTP Exchange apportionment figure is higher for FY22-23 than the ESTIMATE RSTP Exchange apportionment figure, Caltrans would have to revise the RSTP Exchange Standard Agreement contract with the higher RSTP figure before MCAG could instruct the Merced County Auditor Controller's Officer to distribute a greater amount of RSTP Exchange Program funds to member agencies, than identified in this Resolution; and
WHEREAS, if the FINAL RSTP Exchange apportionment figure is lower for FY22-23 than the ESTIMATE RSTP Exchange apportionment amount, Caltrans does not have to revise the RSTP Exchange contract with the lower amount before MCAG could recalculate the available RSTP Exchange Program funds using the same population-based formula and then instruct the Merced County Auditor Controller's Officer to distribute the lower FY22-23 FINAL RSTP Exchange Program fund amount to member agencies; and
WHEREAS, the City of Los Banos has established special gas tax street improvement fund as a requirement to receive the RSTP Exchange Program funds; and WHEREAS, it is deemed in the best interest of the City of Los Banos that the City Manager is authorized to sign the FY22-23 RSTP Exchange Program fund claim form and to submit said claim form to MCAG for processing.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the City Manager to sign and file the above described FY22-23 RSTP Exchange Program fund claim on behalf of the City of Los Banos in the amount of $641,641.00.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 5th day of July 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
84 MERCED COUNTY
ASSOCIATION OF
GOVERNMENTS
Claim to the Merced County Association of Governments
PH: 209.723.3153
FAX: 209.723.0322
www.mcagov.org
369 w, 18th Street
Merced, Ca. 93540
for Regional Surface Transportation Program (RSTP) Funds in Exchange for State Highway Account Funds FY 2022/2023
Claimant:
FY 22/23 Claim Amount:
Claim Guidelines:
City of Los Banos
$641,641.00
Projects outlined in the table below to be funded with this claim are only those projects that are defined under Sections 133(b) and 133(c) of Title 23, United States Code and Article XIX of the California State Constitution, implemented in accordance with the requirements of Section 182.6(d)(l) of the Streets and Highways Code.
Claim Instructions:
1. List (print or type) each INDIVIDUAL project to be funded with this claim.
2. List the amount of funds to be used for each project.
3. If the project is not a capacity expanding project and is exempt from the air quality conformance analysis check the "Exempt" box. (I&!)
4. If the project is a capacity expanding project and the "build" alternative of the air quality conformance analysis has been completed for the project as required check the "Air Quality" box. (ig))
Project Cost of Air Exempt
Project Quality -
1. Rehabilitation of various major collectors and minor arterial $650,000.00 D X roads.
2. $ □ □
3. $ □ D
4. $ D D
Partnering for Regional Solutions
85 It is understood by this claimant (City of Los Banos) that payment of this claim is subject to approval by the MCAG Governing Board and must be in accordance with the MCAG and Caltrans Agreement. Said monies (and the interest earned on such monies subsequent to allocation) will be used only for those purposes for which the claim is approved.
The undersigned claimant, by accepting these funds agrees to establish a special account for the purpose of depositing funds received from MCAG pursuant to this agreement:
a. For cities, within their Special Gas Tax Street Improvement Fund; or b. For the county, within their County Road Fund
The undersigned claimant, by accepting these funds, agrees to grant the State of California auditors access to their books and records for the purpose of verifying that funds paid hereunder are properly accounted for and proceeds are expended in accordance with the terms of this agreement. All documents will be available for inspection by authorized Caltrans agents at any time during the project development and for a four-year period from the date of completion of the project, or one year after the audit is completed or waived by Caltrans, whichever is later.
If the undersigned claimant fails to use funds received hereunder in accordance with the terms of the agreement, the claimant agrees to return the exchange funds to MCAG for credit to the special account described above.
Further, the Chief Financial Officer of the claimant certifies that the financial information contained herein, is reasonable and accurate to the best of his/her knowledge.
Authorized Representative:
Signature
Josh Pinheiro
Print Name
City Manager
Title
Date
Signature oflnterim Finance Director
Brent Kuhn
Print Name
86 RESOLUTION 2023/06-15-01
RESOLUTION OF THE MERCED COUNTY ASSOCIATION OF GOVERNMENTS
APPROVING THE DISTRIBUTION OF REGIONAL SURFACE TRANSPORTATION PROGRAM (RSTP) STATE EXCHANGE FUNDS FOR FISCAL YEAR 2022/23 WHEREAS, The Merced County Association of Governments (MCAG) and the California State Department of Transportation (Caltrans) have entered into an agreement to exchange unobligated balances of federally-funded Regional Surface Transportation-Program (RSTP) funds with non-federal State Highway Account funds (State Only funds); and WHEREAS, MCAO has allocated the FY 2022/23 RSTP State Exchange funds by formu1a pursuant to the apportionment distri~ution to be adopted by the MCAG Governing Board on June 15, 2023; and
WHEREAS, the FY 2022/23 RSTP State Exchange Apportionment Distribution amounts claimed by MCAG member jurisdictions are:
1. The City of Atwater $ 437,727
2. The City of Dos Palos $ 78,721
3. The City of Gustine $ 83,426
4. The City of Livingston $ 199,165
5. The City of Los Banos $ 641,641
6. The City of Merced $ 1,248,748
7. The CounJy of Merced $ 1,085,714
TOTAL $ 3,775,142
and
WHEREAS, the Cities of Atwater, Dos Palos, Gustine, Livingston, Los Banos, Merced, and the County of Merced included in this resolution wish to claim their FY 2022/23 RSTP Estimate Exchange apportionments as soon as MCAG and Caltrans are able to fully-execute a standard agreement contract and MCAG receives the funds; THEREFORE, BE IT RESOLVED that MCAG, after consideration of information adopts the following findings:
1. Each entity's proposed expenditures are in conformity with the current Regional Transportation Plan (R TP) document; and
2. Each entity has submitted an adopted local resolution and approved RSTP Exchange claim form before they will receive any distribution ofRSTP exchange funds; and
3. Each entity's proposed expenditures are in accordance with the terms and RSTP project eligibility requirements of the approved claim form.
102
87 BASED UPON THESE FINDINGS, BE IT FURTHER RESOLVED that MCAG does hereby approve the claims of the Cities of Atwater, Dos Palos, Gustine, Livingston, Los Banos, Merced, and the County of Merced for RSTP State Exchange monies pursuant to a standard contract agreement with Caltrans for the Fiscal Year 2022/23.
BE IT FURTHER RESOLVED that the RSTP State Exchange apportionment amounts shown above shall be made in singular payments to the member agencies once the funds are distributed to MCAG by the State Controller's Office.
The foregoing resolution was introduced at the regular meeting of the MCAG Board, held on June 15, 2023 ____ by Director Pedrozo . who moved its adoption, which motion was duly seconded by Director Llanez and which was adopted by the following vote:
A YES: Directors Nelson, Hogue• Nagy• Moran, Llanez• Se.rratto • Pedrozo• McDaniel, Pareira, Silveira, Espinosa
NOES: None
ABSENT: None
ATTEST: None APPROVED:
Stacie Guzman, Exec ve Director Matt Serratto, Chair
Merced County Association of Governments Merced County Association of Governments 103
88 LOsBanos
At tlr C,nss,oacls OJ Ltl ./ (,
Agenda Staff Report
TO: Mayor Llanez and City Council Members
FROM:
DATE:
Stacy Souza Elms, Community and Economic Development Directo~ July 5, 2023
TYPE OF REPORT: Public Hearing
SUBJECT: Consideration of Conditional Use Permit #2023-05 to Allow the Use of a Type 21 Alcohol License for the off-Sale of General Alcohol for the Beverage House located at 547 West I Street
Recommendation:
That the City Council adopt a Resolution approving a CEQA Categorical Exemption pursuant to Section 15301, Existing Facilities and approve Conditional Use Permit #2023- 05 to allow the sale of alcohol under a Type 21 off-sale general alcohol license for the Beverage House located at 547 West I Street; more specifically located on APN: 027- 033-008.
Background:
On May 24, 2023, the Los Banos Planning Commission held a public hearing to review Conditional Use Permit #2023-05 for the use of a Type 21 alcohol license for the off-sale of general alcohol at 547 West I Street. At the public hearing, the Planning Commission considered the application, including the staff report, presentation by staff, and public comment. As the recommending body, the Planning Commission recommended approval of Conditional Use Permit #2023-05 to the Los Banos City Council.
ITEM 9A
89 Discussion:
The City of Los Banos is in receipt of request for Conditional Use Permit from the applicant, Nisqualli Station Inc., dba: Beverage House, for the intensification of an ABC off-sale license from a Type 20 beer and wine alcohol license to a Type 21 general alcohol license. The project site has historically operated as a Circle K since 1982 until March 2023 when Beverage House began operating. Circle K had obtained with a Type 20 beer and wine alcohol license. Beverage House has the new property owner/operator is seeking intensification of their existing alcohol license to a Type 21 general alcohol license.
Beverage House will conduct business seven (7) days a week, from 6:00 a.m. until 12:00 a.m.
LOCATION AND ACCESS:
The project site is located at the south west corner of W. I St. and Idaho Ave. at 547 W. I St., Assessor's Parcel Number: 027-033-008. The project site can be accessed from W.
I St. and Idaho Ave.
90 LAND USE:
Property Land Use
Commercial
Hospital
Project site
North
South Nursing & Rehabilitation Facility
East Multi-Family
West Medical Offices
Zone
P-O
P-O
P-O
R-2
P-O
General Plan
P-O
P-O
P-O
MDR
P-O
P-O = Professional Office MDR = Medium Density Residential R-2 = Medium Density Residential
ENVIRONMENTAL ASSESSMENT:
Pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, it has been determined that this project is found to be categorically exempt from the provisions of CEQA - Article 19, Section 15301. The applicant's request for the off-sale of general alcohol involving the permitting and licensing of an existing private structure and involves no expansion at 547 W. I St., APN 027-033- 008.
USE PERMIT ANALYSIS
Code Requirements
Pursuant to the Los Banos Municipal Code Section 9-3.2322, a Conditional Use Permit is required for any establishment dispensing for sale or other consideration alcoholic beverages, including beer and wine, for on-sale or off-sale. The Planning Commission is the recommending body and the City Council is the decision-making body for Conditional Use Permits for the on-sale and off-sale of alcoholic beverages. A Conditional Use Permit may be granted if the proposed use is conforming to the following criteria:
General Use Permit Criteria:
1 . That the proposed use and project is consistent with the City of Los Banos General Plan, and Los Banos Municipal Code;
2. That the proposed use or project will not be a nuisance or detrimental to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use;
3. That the proposed use is compatible with the adjacent uses, properties and neighborhoods and will not be detrimental or injurious to property and improvement in the neighborhood or to the general welfare of the City.
Specific On-Sale and Off-Sale Alcoholic Beverages Criteria:
1. That the proposal will not contribute to undue proliferation of such uses in an area where additional ones would be undesirable with consideration given to the area's function and character, problems of crime and loitering, and traffic problems and capacity;
91 2. That the proposal will not adversely affect adjacent or nearby churches, temples, or synagogues; public, parochial, or private elementary, junior high, or high schools; public parks or recreation centers; or public or parochial playgrounds;
3. That the proposal will not interfere with the movement of people along an important pedestrian street; and
4. That where the proposed use is in close proximity to residential uses, and especially to bedroom windows, the use will be limited in hours of operation, or designed operated so as to avoid the disruption of residents' sleep between the hours of 10:00 p.m. and 7:00 a.m.
Staff has evaluated the proposal pursuant to the above criteria set forth in the Municipal Code and offers the following observations:
1. The primary use is a retail convenience store.
2. The surrounding area, adjacent uses, and function are primarily professional office in nature. A retail convenience store for the off-sale of general alcohol in this location is consistent with the uses of the Professional Office Zoning District with attainment of a Conditional Use Permit.
3. Staff is unaware of any significant problems related to crime and loitering, in the surrounding area which would be exacerbated by the off-sale of general alcohol at this location.
4. The approval of the sale of general alcohol for off-site consumption will not contribute to the undue proliferation of alcohol sales in the area where that use would be undesirable taking into account the characteristics of the area.
Additionally, the entitlement will include conditions of approval which will regulate the operational characteristics of allowing the sale of general alcohol and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity including crime prevention and loitering.
5. The proposed use is located within the immediate vicinity of a place of worship.
The project will include conditions of approval which regulate the operational characteristics of allowing the sale of general alcohol for off-site consumption and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity and therefore will not have any adverse effect to the place of worship.
6. The project is located on W. I St. which is primarily occupied by medical office uses. Conditions of approval will regulate loitering and operational characteristics to ensure that the proposal will not interfere with the movement of people along the public right-of-way.
7. There are residential units in the immediate vicinity of the project site. The project site is located on the southwest corner of W. I St. and Idaho Ave. and will not directly impact the existing residential uses as Idaho Ave. separates the uses. The project will include conditions of approval which regulate the operational 92 characteristics of allowing the sale of general alcohol for off-site consumption and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity. Therefore, the proposed use will not disrupt sleeping activities to the neighboring residences.
All sales of alcohol will be conducted within the liquor store and must be consumed off the premises. In addition, the project will be subject to conditions which will mitigate any adverse effects on the surrounding neighborhood and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity. The convenience store, Beverage House, will also be subject to the Los Banos Municipal Code Noise Ordinance.
Alcoholic Beverage Control
The Alcoholic Beverage Control Board (ABC) is the issuing authority for a Type 21 alcohol license. The City's authority for the sale of alcohol is through its land use powers embodied within the Los Banos Zoning Code.
ABC has the authority according to Section 23801 of the Business and Professions Code to exercise certain conditions under the license, the personal qualifications of the licensee, the conduct of the business or the condition of the premises, which will protect the public welfare and morals, including, but not limited to, the following:
a) Restrictions as to hours of sale
b) Display of signs
c) Employment of designated persons
d) Types and strengths of alcoholic beverages to be served where such types or strengths are otherwise limited by law
e) The portion of the privileges to be exercised under the license f) The personal conduct of the licensee
ABC may also refuse to issue a license to any person who has violated the Alcoholic Beverage Control Act, has a disqualifying criminal record, or is otherwise disqualified. 93 As of the date of this report, there are twelve (12) off-sale licenses currently active in this specific census tract. The nearest active off-sale alcohol license to the project site within census tract 22.01 is La Morenita Tortilleria & Meat Market located at 705 H St. is approximately 1,600 feet away. This application will not add an active off-sale licenses as the existing type 20 off-sale beer and wine will be voided out once the requested type 21 off-sale general alcohol is approved.
License Type Business Name Address
20 Beveraqe House 547 W. I St.
20 Pacheco Chevron 1164 E. Pacheco Blvd.
20 La Michoacana Carneceria 820 W. Pacheco Blvd.
20 Santa Fe 1109 Sixth St.
20 Los Amiqo Market 740 G St.
21 Rooney's Discount Liquor 310 W. Pacheco Blvd.
20· Arco AM/PM 1550 W. Pacheco Blvd.
20 Zoomy's Los Banos 140 W. Pacheco Blvd.
20 La Michoacana 655 I St.
21 Buv N Save Market 225 Seventh St.
21 Town & Country Liquor 1248 E. Pacheco Blvd.
20 La Morenita Tortilleria & Meat Market 705 W. H St.
Type 20 license = off-sale beer and wine Type 21 license = off-sale general alcohol 94 PUBLIC COMMENT:
A public hearing notice was published in the Merced Sun Star and notices were provided to adjacent property owners within a 300-foot radius of the subject property on June 23, 2023. As of the date of this staff report, no comments have been received.
Reviewed by:
I
1. Resolution
Exhibit A CEQA Findings
Exhibit B Project Findings
Exhibit C Conditions of Approval
2. Site Plan/ Elevation
3. Public Hearing Notice - June 23, 2023
95 THIS PAGE IS INTENTIONALLY LEFT BLANK
96 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS FINDING THE PROPOSED
PROJECT TO BE CATEGORICALLY EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT PURSUANT TO SECTION 15301
AND APPROVING CONDITIONAL USE PERMIT
#2023-05 TO ALLOW THE USE OF A TYPE 21
OFF-SALE GENERAL ALCOHOL LICENSE FOR
BEVERAGE HOUSE LOCATED AT 547 WEST I
STREET
WHEREAS, the applicant, Nisqualli Station Inc. (d.b.a. Beverage House), has requested that the City of Los Banos consider Conditional Use Permit #2023-05 to allow the use of a Type 21 alcohol license for the off-sale of general alcohol, for Beverage House located at 547 W. I St., Assessor's Parcel Number: 027-033-008; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, Conditional Use Permit #2023-05 for Beverage House was determined to be categorically exempt from the provisions of CEQA per Article 19, Section 15301 as the project site is an existing facility; and WHEREAS, the Los Banos Planning Commission held a public hearing on May 24, 2023, for the purpose of considering Conditional Use Permit #2023-05 and at the completion of the public hearing, duly considered the evidence presented and recommended approval of Conditional Use Permit #2023-05 to the Los Banos City Council; and
WHEREAS, a public hearing notice was published in the Merced Sun Star on Friday, June 23, 2023, and notices were mailed to property owners within a 300-foot radius of the project site as required by the Los Banos Municipal Code and Government Code Section 65091; and
WHEREAS, the Los Banos City Council has held a duly noticed public hearing, reviewed said Conditional Use Permit request and staff report, has studied the compatibility of the applicant's request with adjacent land uses and has considered this request in accordance with the Conditional Use Permit criteria established in Section 9-
3.2322 of the Los Banos Municipal Code; and
WHEREAS, the request/proposed use satisfies the criteria of the Los Banos Municipal Code.
BASED UPON THE EVIDENCE PRESENTED AT THE PUBLIC HEARING, the Planning Commission of the City of Los Banos hereby makes the appropriate findings set 1 97
forth in Exhibit A (California Environmental Quality Act (CEQA) Findings), and Exhibit B (Findings for Approval), attached hereto and incorporated herein by this reference.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby affirm the determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) and recommends the approval of Conditional Use Permit #2023-05 to the Los Banos City Council to allow the off-sale of general alcohol, Type 21 for Beverage House located at 547 W. I St., APN 027-033-008, subject to the Conditions of Approval set forth in Exhibit C, attached hereto and incorporated herein by this reference.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 5th day of July 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 98
EXHIBIT A
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS FOR CONDITIONAL USE PERMIT #2023-05 - BEVERAGE HOUSE
Pursuant to the requirements of California Public Resources Code Section 21000 et seq. ("CEQA") and Title 14, California Code of Regulations Section 15000 et seq. (the "CEQA Guidelines"), the City as Lead Agency under CEQA adopts the following findings required by CEQA, along with the facts and evidence upon which each finding is based.
The City of Los Banos City Council hereby finds as follows:
1. Pursuant to CEQA, the CEQA Guidelines, and the City of Los Banos Environmental Quality Guidelines, Conditional Use Permit #2023-05 was evaluated and determined to be categorically exempt per Article 19, Section 15301 as the request for the off-sale of general alcohol involves the permitting and licensing of an existing private structure and involves no expansion at 547 W. I St., APN 027-033-008.
2. Conditional Use Permit #2023-05 was adequately noticed on Friday, May 12, 2023, for consideration at a public meeting on Wednesday, May 24, 2023.
3. No further environmental documentation is required as the Conditional Use Permit was contemplated and adequately analyzed in the initial review.
4. Prior to considering the proposed Project, the Planning Commission considered the Categorical Exemption.
3 99
EXHIBIT B
FINDINGS FOR APPROVAL FOR CONDITIONAL USE PERMIT #2023-05 -
BEVERAGE HOUSE
The City of Los Banos City Council hereby finds as follows:
1. General Findings:
a. The project is consistent with the City of Los Banos General Plan.
The existing General Plan land use designation for the project site is Professional Office, which is intended for small-scale, local-serving professional and administrative offices, such as medical, dental, real-estate, financial services, and research and development (R&D) as well as advanced educational or workforce training uses, such as community colleges and technology teaching institutes. Office /Professional parcels near the hospital allow specialized clinics, laboratories, and related services. The Office Professional designation may allow cafes, restaurants, support services, and retail activities.
The following specific General Plan Goals, Objectives, and Policies are applicable to the proposed project:
ECONOMIC DEVELOPMENT GOAL ED-2:
Seek and promote particular businesses or development projects that provide needed local goods, services, employment, or those that enhance the City's physical and social wellbeing.
LAND USE GOAL LU-5:
Provide residents with excellent employment and shopping opportunities.
Evidence/Analysis: Nisqualli Station Inc. (d.b.a. Beverage House) will have the ability to provide a wider range of service for customers and allows the convenience store to compete with similar type businesses. The proposed use would continue a commercial use that is compatible with and complementary of existing uses adjacent to the project site. In addition, the project would also be consistent with General Plan land use policies as set forth above.
b. The zoning designation for the project site is Professional Office (P-O). The purpose of the Professional Office Zone is to provide a location for business and professional offices, institutions and related services of a less intensive nature than allowed in commercial zones not adjacent to residential areas 4 100
Evidence/Analysis: The proposed use complies with the Los Banos Municipal Code Title 9, Chapter 3, Article 10 as the use will be consistent with the surrounding area and adjacent uses. The convenience has been in operating for approximately 41 years. A convenience store providing for the off-sale of general alcohol is permitted in this location.
2. That the proposed use or project will not be a nuisance or detrimental to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use.
Evidence/Analysis: The off-sale of general alcohol will be conducted in accordance with ABC regulations and therefore, will not be a nuisance or detrimental to the neighborhood in which the store is located. The proposed off-sale of general alcohol meets the necessity for a public convenience and necessity. The project contains conditions of approval which regulate the operational characteristics of allowing the serving of alcohol and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity.
3. That the proposed use is compatible with the adjacent uses, properties, and neighborhoods and will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.
Evidence/Analysis: The proposed use has been conducted with the sale of alcohol in the location for approximately 41 years and will not result in significant operational changes to the surrounding area The project would include conditions of approval which regulate the operational characteristics of allowing the serving of alcohol and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity.
2. Specific Findings
1. That the proposal will not contribute to undue proliferation of such uses in an area where additional ones would be undesirable with consideration given to the area's function and character, problems of crime and loitering, and traffic problems and capacity.
Evidence/Analysis: The primary use in conjunction with the selling general alcohol for off-site consumption is a convenience store. As reflected in the staff report, the number of off-sale licenses in the Census Tract is currently twelve (12). This proposal will not increase the amount of active licenses as this proposal will void out the existing Type 20 license as the Type 21 license is approved. The census tract area and function is primarily professional office in nature, and is entirely consistent with a convenience store and the sale of general alcohol for off-site consumption. The convenience store has been operating for approximately 41 5 101
year. The proposed off-sale of general alcohol is complementary to the convenience store use that is compatible with and complementary of existing uses in the area. The project would include conditions of approval which regulate the operational characteristics of allowing the selling of general alcohol for off-site consumption and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity including crime prevention and loitering. Staff is unaware of any significant problems in the area related to crime and loitering, which would be negatively affected by the off-sale of general alcohol at this location.
2. That the proposal will not adversely affect adjacent or nearby churches, temples, or synagogues; public, parochial, or private elementary, junior high, or high schools; public parks or recreation centers; or public or parochial playgrounds.
Evidence/Analysis: Conditions of Approval have been incorporated into the project which regulate the operational characteristics of allowing the selling of general alcohol for off-site consumption and are intended to preserve the public health, safety, or welfare of persons and property in the vicinity. The project is not located within the immediate vicinity of a place of worship, however with the applied conditions of approval, the proposal will not create any type adverse effect.
3. That the proposal will not interfere with the movement of people along an important pedestrian street.
Evidence/Analysis: Alcohol will not be allowed to be consumed on the premises of the convenience store at any time and it is not anticipated that persons will congregate on sidewalks or streets as a result of the proposed use. Signage will also be provided on the property and building which prohibit loitering. It is not anticipated that the off-sale of general alcohol at this location will adversely affect any important pedestrian right of ways.
4. That where the proposed use is in close proximity to residential uses, and especially to bedroom windows, the use will be limited in hours of operation, or designed operated so as to avoid the disruption of residents' sleep between the hours of 10:00 p.m. and 7:00 a.m.
Evidence/Analysis: There are residential units in the immediate vicinity of the project site. The project site is on located on the southwest corner of W. I St. and Idaho Ave. and will not directly impact the existing residential uses as Idaho Ave. separates the uses. The project will include conditions of approval which regulate the operational characteristics of allowing the serving of alcohol and are intended to preserve the public health, safety, and welfare of persons and property in the vicinity. Therefore, the proposed use will not disrupt sleeping activities to the neighboring residences.
6 102
7 103
EXHIBIT C
CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT #2023-05-
BEVERAGE HOUSE
1. The following conditions of approval shall apply to and be applicable to the applicant, property owner, and/or operator. Reference to applicant, property owner, and/or operator shall be interpreted to include all.
2. Conditional Use Permit #2023-05 is for Nisqualli Station Inc. (d.b.a. Beverage House) located at 547 W. I St., Assessor's Parcel Number: 027-033-008, and the requested use shall automatically and without notice expire after one (1) year from date of approval by the Los Banos City Council unless commenced. The City for cause may revoke this Conditional Use Permit. Any expansion, intensification, or significant change to the primary use and the uses approved under this Conditional Use Permit shall be permitted only upon modification of this Conditional Use Permit or approval of a separate Conditional Use Permit application. The Conditional Use Permit shall automatically and without notice expire one year after discontinuance of the primary use and/or the uses approved under the Conditional Use Permit.
3. The applicant/operator shall comply with all other requirements, laws and policies of other governmental agencies in the conduct and operation of said business.
4. The applicant/operator shall obtain and maintain an active Type 21 "off-sale of general alcohol" license as defined by the Department of Alcoholic Beverage Control and shall provide a copy of said license upon issuance by the Alcoholic Beverage Control to the Community and Economic Development Department prior to the sale of alcohol on the premises.
5. A copy of these Conditions of Approval and the California Department of Alcoholic Beverage Control license are required to be kept on the premises and presented to any law enforcement officer or authorized City official upon request.
6. The store shall operate between 6:00 a.m. to 11 :00 p.m. Sunday through Thursday, and 6:00 a.m. to 12:00 a.m. Friday and Saturday only.
7. The applicant shall construct a trash enclosure that complies with the City of Los Banos Municipal Code and Mid Valley Disposal Standards prior to initiation of vending distilled spirits.
8. The applicant shall repaint the exterior of the commercial structure prior to initiating the sale of distilled spirits.
9. The activity level of the business shall be monitored by the Police Department to establish the level of police services used for the business. Should the level of police 8 104
services demonstrate that the applicant has not controlled excessive, or unnecessary activity resulting in high use of police services then the City, at its discretion, have the Planning Commission review the use permit, including without limitation, amending conditions, or revoking this Conditional Use Permit.
10. The shelf/cooler space devoted to beer, wine and distilled spirits beverages shall be limited to fifteen percent (15%) of the square footage of the store, as depicted on the approved floor plan labeled.
11 . Distilled spirits shall only be displayed on shelfs behind the cashier station as depicted on the approved floor plan labeled.
12. The Licensee shall actively monitor the area under the licensee's control in an effort to prevent the loitering of persons on or about the premises.
13. All Licensee shall actively monitor the area under the licensee's control in an effort to prevent the loitering of persons on or about the premises.
14. Upon any transfer (person to person) of the subject Alcoholic Beverage Control License, the City reserves the right to review the existing Conditional Use Permit and apply or remove conditions as appropriate to mitigate existing or potential problems.
15. The store shall carry two (2) whole grain items for sale on a continuous basis such as any food from either:
a. A single ingredient product of the seed or fruits of various food plants, such as brown rice, whole oats, quinoa, or barley; or
b. A pre-packaged grain product, such as whole wheat bread or whole wheat crackers, in which the word "whole" appears first in the ingredients list of the product.
16. The applicant shall stock a minimum of five (5) varieties of "fresh items" and produce free from spoilage such as apples, oranges, bananas, lemons, limes, onions, potatoes, lettuce, and fresh items such as pre-made sandwiches, yogurt, cheese, cold cuts, and fruit cups displayed in high visibility area meeting one or more of the following criteria;
a. Within ten (10') feet of front door
b. Within ten feet of cash register
c. Within ten feet of coffee station
17. The applicant/operator shall be responsible for maintaining the exterior of the premises free of litter and trash at all times including the parking lot areas in front of the premises. No storage of equipment, supplies, or merchandise of any kind shall 9 105
be allowed in the front or rear exterior of the building. All deliveries shall be made from the rear of the building.
18. The Planning Commission reserves the right to review and/or revoke this permit should the applicant not adhere to the Conditions of Approval. The City may amend or impose new conditions to mitigate adverse effects in the neighborhood resulting from the use of alcohol on the premises.
19. The applicant/operator agrees to indemnify, hold harmless, and defend the City of Los Banos, its officers, agents and employees from any and all liability or claims that may be brought against the City of Los Banos arising out of its approval of this permit, or the environmental determination rendered in connection with the permit approval, or arising out of the operation of the use or uses allowed under the permit, save and except that caused solely by the City's active negligence.
20. The exterior of the premises, including parking lot areas (front and rear), shall be sufficiently illuminated, to the satisfaction of the Police Chief, during all hours of darkness when the premises are open for business in a manner so that persons accessing those areas at night are identifiable by law enforcement personnel.
21. The premises shall be operated primarily as a convenience store as described in the application prepared by the applicant and filed with the Community and Economic Development Department. Any substantial or significant changes in use or operation of the premises from the Operational Statement may cause a review, amendment or revocation of the Conditional Use Permit. The applicant shall notify the Community and Economic Development Department of any substantial or significant changes in use or operation of the premises from the Operational Statement. The onsite consumption of alcohol is prohibited.
22. The use of the premises of the subject site shall be consistent with the Conditions of Approval and shall not be operated in a manner that deviates from the approved Conditional Use Permit filed application and operational statement, which shall constitute a violation and may result in the revocation or modification of the permit upon written notice to the owner of the subject site.
23. Authorization of a Conditional Use Permit granted pursuant to the provisions of Section 9-3.2322 of the Los Banos Municipal Code continue to be valid upon change of ownership of the site or structure which was the subject of the Conditional Use Permit application provided the use shall be subject to all provisions of the Municipal Code and all conditions placed on approval of the Conditional Use Permit are continually met. The applicant shall immediately notify the Community and Economic Development Department of any changes in ownership.
24. This Conditional Use Permit shall be subject to revocation by the Community and Economic Development Director or the Planning Commission upon a finding that:
10 106
a. Conditions of approval have not been fulfilled;
b. A significant change or intensification of the approved use; c. The use has resulted in a nuisance or detriment to the public health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood or is detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.
25. Consumption of alcohol shall not be allowed on the premises of the convenience store.
26. No loud amplification of music or voice shall be allowed outside.
27. The applicant/operator shall have monitoring cameras in the exterior and interior of the convenience store at all times to the satisfaction and approval of the Police Chief.
The applicant shall always maintain the surveillance equipment in working order and keep the video recordings for 30 days to be made available to law enforcement upon request.
28. The applicant shall install a silent alarm system to alert law enforcement prior to initiating sales of distilled spirits.
29. The applicant shall maintain a current contact information for regional and store managers with the Los Banos Police Department at all times.
30. The premises shall be operated in accordance with the Los Banos Municipal Code Noise Ordinance.
31. The applicant shall acknowledge and execute receipt of a copy of the foregoing Conditions of Approval.
32. The applicant/operator shall provide signs prohibiting loitering on the property and/or building subject to the approval of the Community and Economic Development Director.
33. This approval is conditioned upon and shall be effective upon payment in full of all outstanding invoices pursuant to the Cost Recovery Contract. 11 107
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112
LOsBanos
At tl1e Cross,oads of Ca "f ·ma
.=:---==---.--.::~---.-...--,s.-.---.. Jr.iill"lll:il~-----~-----,n;;r~----·rs,· COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT Date: June 23, 2023
Regarding: Notice of Public Hearing
Proposal: Conditional Use Permit #2023-05 - Beverage House Type 21 Alcohol License
NOTICE IS HEREBY GIVEN THAT a Public Hearing will be held by the Los Banos City Council to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and Conditional Use Permit #2023-05 to allow the use of Type 21 Alcohol License for the off-sale of general alcohol for the Beverage House located within the Professional Office Zoning District at 547 W. I St., more specifically identified as Assessor's Parcel Number: 027-033-008.
The Los Banos Planning Commission held a public hearing on Wednesday, May 24 2023, for the purpose of considering the above mentioned project. At the completion of the public comment, the Planning Commission recommended approval of Conditional Use Permit #2023-05 to the Los Banos City Council.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos City Council meeting on Wednesday, July 5, 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 Stacy Souza Elms, Community & Economic Development Director, at City Hall or at (209) 827-2433.
All persons are invited to be present at the virtual 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 City Council 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
THE CITY OF LOS BANOS
Stacy Souza Elms
Community & Economic Development Director
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114
LOsBanos
At the Crossroads of California
Agenda Staff Report
TO: Mayor and City Council Members
FROM:
DATE:
Soknirorn Than, P.E., Public Works Director/City Engineer 7-'-J L July 5, 2023
TYPE OF REPORT: Agenda Item
SUBJECT: State of the Streets and Pavement Condition Report RECOMMENDATION:
Staff recommends that the City Council receives the presentation of the staff report and provide direction as to which scenarios and funding requests to further evaluate.
BACKGROUND
Pavement Management is the systematic process used to oversee the City's paved surfaces by measuring the condition and tracking pavement sections' maintenance and rehabilitation. These pavement sections can be organized by areas, zones, and functional classifications. Effective pavement management strategies include condition assessment, life-cycle costs analysis, and budget projections to identify pavement segments needing maintenance or repair.
Currently, the City of Los Banos uses two Pavement Management and Asset Management software programs to assist with managing this system. Cartegraph (Opengov) is a software solution for asset management, work order management, and infrastructure management. The second software is Streetsaver, developed by the Metropolitan Transportation Commission. It is a comprehensive pavement management system that assists agencies in making data-driven decisions regarding road maintenance, repairs, and rehabilitation strategies. Some key features and functionalities of StreetSaver include:
1. Pavement Condition Assessment
2. Asset Inventory
3. Prioritization and Optimization
ITEM 10
115
4. Budget Planning and Scenario Analysis
5. Reporting and Visualization
On December 7, 2022, City Council awarded the contract for Pavement Survey and Pavement Management System Implementation to AMS Consulting and authorized staff to implement Streetsaver for this effort.
As part of the Pavement Management System, City streets are divided into three functional classifications:
1. Arterial/Minor Arterial
2. Collector
3. Residential/Local
These classifications are developed to segregate roadways based on its intended usage and physical attributes.
Overall, the City network consists of the following:
Functional Total Total Total Total Area
Classification Sections Center Lane (SF) PCI
Miles Miles
Arterial 24 5.54 15.36 1,260,445 43
Collector 145 23.81 47.62 5,396,672 50
Minor Arterial 47 8.72 17.45 2,144,261 45
Local 881 96.24 192.55 18,222,059 51
1,097 134.31 272.98 27,023,437
As part of a robust Pavement Management System, engineers have developed a pavement performance model called the Pavement Deterioration Curve. This model is a mathematical representation of how the condition of a pavement deteriorates over time due to traffic loads, environmental factors, and aging. It provides a predictive framework for estimating the future condition of a pavement based on its current condition and the expected rate of deterioration. The pavement deterioration curve typically relates the condition of the pavement to a specific performance metric called Pavement Condition Index (PCI). Below is a typical Pavement Deterioration Curve. 116
50-69
Pel
ZS-49
Catepry 11/111 -
At-Risk to Fair
Catecory IV - P-r
Catecory V - Very P-r to Failed
5 10 15
Pavement Age (Years)
20 The Pavement Condition Index (PCI) is a numerical rating system used to assess and quantify the condition of a pavement surface. It provides a standardized measurement that allows pavement managers and .engineers to evaluate the overall quality and distresses present in a pavement section. PCI rating index is a numerical value between 0 to 100, with 0 being a failed road and 100 being a brand-new street. Below are the visual representations of our City roads and its associated PCI value. ~
117
Badger Flat Rd. from Mi lotti Rd. to Prairie Springs Rd PCl • 3l
Gilbert Gonzales Jr. Dr from Ward to West End
PCI • 64
118
In general, pavement deteriorates approximately 40% in quality during the first 75% of its life. This deterioration subsequently accelerates rapidly to a 40% drop in quality in the next 12% of its life. The point for which the deterioration curve accelerates is known as the inflection point and is typically at PCI 60. This is also the point that separate roads that can be treated with preventive maintenance and roads that require rehabilitation treatment.
There are more than a dozen ways we can treat a road, from a simple fog seal to complete road reconstruction. All treatments can be divided into three categories:
1. Preventive Maintenance ($5 - $9 per sq. yd.)
a. The goal of preventive maintenance is to maintain or improve the functional condition of the road, slow the rate of deterioration, and extend the life of the road by five to seven years with the least expensive treatments. b. By slowing the rate of deterioration, the City can delay, or completely eliminate, the need for major rehabilitation or reconstruction in the future. c. Some of the more common preventive maintenance treatments used include crack seals, slurry seals, Microsurfa~ing, and thin overlays.
2. Rehabilitation Treatments ($10 - $20 per sq. yd.)
a. The goal of rehabilitation treatments is to help create a safer driving surface, improve the overall appearance, provide a seal to repel moisture from damaging the base and extend the useful life of the existing pavement by eight to ten years.
b. These treatments are carried out on roads that exhibit distresses and failures like block cracking, rutting, shoving and potholes that are beyond being fixed with preservation maintenance techniques, but aren't severe enough to warrant complete reconstruction.
119
c. Some of the more common rehabilitation treatments used include Chip Seals, Cape Seals, asphalt remove and replace (Dig-Outs), Cold in-place recycling, and overlays
3. Reconstruction Treatments ($20 - $80 per sq. yd.)
a. The goal of reconstruction treatments is to replace the failed streets by removing the existing failed material and re-import new materials like asphalt and base rock to re-establish a new structural section. b. This treatment is the most costly but will have a useful life upwards of 20 years.
c. Some of the more common reconstruction treatments used include Full Depth Reclamation, pulverized in-place and repave, and full depth asphalt replacement plus base repair.
An optimized Pavement Management System focuses more on pavement preservation.
This approach is the most cost effective and sustainable approach to getting the most life out of the roads and making taxpayer dollars go further. Instead of waiting for pavements to deteriorate significantly and then conducting costly repairs or reconstruction, pavement preservation approach focuses on applying preventive treatments and routine maintenance to protect and maintain the pavement surface, thereby delaying or minimizing the need for more extensive interventions.
This approach is also backed by the Life Cycle Cost Evaluation. The table below evaluates the differences in cost between one roadway under the conventional plan and the optimized plan. Under the conventional plan, the road only receive three rehabilitation treatments over a 30-year period. It is also worth noting that under this plan, this road has the lowest PCI rating of 50. Under the optimized plan, the road received five preventive treatments approximately every 7 years. This road has the lowest PCI rating of 65.
Overall, the conventional plan would cost the City $4.2M over a 30-year period versus $2.6M under the optimized plan.
Ncl Prese nt Va lue: $35.50 I SY
Total life Cycle Cose: $4,206,750
Net Present Value: S22.35 / SY
Total life Cycle Cost: $2,648,475
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DISCUSSION
In 2018, the City of Los Banos partnered with MCAG to conduct a Pavement Condition Survey with Dyna Test North America, Inc. In 2018, the City has approximately 123- centerline mile of street and has an overall PCI rating of 59. This rating placed our road network in the Fair Category. The below graph breakdowns the percentage area for each Condition Category.
30%
25%
~ 20%
<
i: 15% C,
~
l 10%
5%
0%
12.3%
Good
23.6% 24.3%
21.2%
18.6%
Satisfactory Fair Poor Very Poor
Condition Category
This shows that more than 40 percent of our roads are rated as poor or very poor.
With the latest inspection report, the City roadway inventory has increase to 134.31 centerline mile. This is an increase of 11.31 centerline mile from 2018. Unfortunately, our overall PCI rating has dropped to 50. The below graph breakdowns the percentage area for each Condition Category in comparison to 2018. 121
40 35
30 :3 25 ..
<(
~ 20
~
1ii 15 0..
10 5
0 36.1
Good
Area Percentage by Category
23.6 8
Satisfactory
21.2 8.1
Fair
Condition Category
■ 2018 a2023
28,3
24.3 18.6
Poor Very Poor
The percentage of good road has increased from 12.3% (2018) to 36.1 % (2023). This is likely due to two factors, (1) the City has accepted more new developments and (2) has repaired some very poor roads. This has resulted in a decrease in very poor roads, from 24.3% (2018) to 19.5% (2023).
Unfortunately, the percentage of roads in Satisfactory and Fair conditions has dropped more than 28% while the percentage of roads in Poor conditions has increased by 10%.
Below is a map comparison of our roadway conditions from 2018 to 2023. 122
PCILegend
•• •• • • • • NOi Surveyed
- Very Poor<" 40
40 < Poor<= 55 : <(
~ 55 < Fair <= 70 j
I!
- 70 < Satisfactory<= 85 !
- 85<Goodn100
,
11 t:
J
..
l L FJff
I
I rt---.;--
~
........_'-- ~ ' L---····-
123
To contextualize this PCI rating, it is important that we look at Merced County as a whole. Below is graph showing all the local agencies within Merced County. It is worth noting that the data below are derived from the 2018 reports and may not reflect the current condition.
90 5"80
a..
';; 70 ~
-g 60
C:
.2 SO ..
:s
c: 40
8 ~ 30 Cl)
E 20 ~
,f 10
0 Local Agency PCI Comparison
77 66
55 50 so
45 45
39 Livingston Atwater Gustine Los Banos Merced Merced Merced Dos Palos County of County
Govt. {avg)
Locat Agencies in Merced County
In comparison, the greater Bay Area has an overall PCI rating of 67, with Dublin has the highest PCI rating of 86 and Petaluma with the lowest PCI rating of 45.
Although PCI rating is importance, the rate at which the PCI rating is changing year over year is also important. This is the trend line that will define the future performance of our network. From 2018 to 2023, our PCI has decreased 9 points. Therefore, our yearly decrease is 1.8 PCI point per year.
To counter this downward trend line, staff has prepared five budget scenarios for review:
• Scenario 1 - Current Budget ($2.5 million per year)
o Average funding of $2.5 million per year for maintenance and rehabilitation.
o PCI decreases to 48 at the end of five years.
o Backlog increases from $55.0 million to $76.9 million at the end of five years.
o 43.8% of City streets will have a PCI equal to or greater than 70. • Scenario 2 - Constant PCI
o Require an average funding of $2.4 million per year for maintenance and rehabilitation.
o PCI will be 50 at the end of five years.
o Backlog increases from $55.0 million to $78.9 million at the end of five years.
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o 45.4% of City streets will have a PCI equal to or greater than 70. • Scenario 3 - Plus 5 PCI Increase
o Average funding of $4.7 million per year for maintenance and rehabilitation.
o PCI will be constant at 55 for five years.
o Backlog increases from $55.0 million to $71. 7 million at the end of five years.
o 56.3% of City streets will have a PCI equal to or greater than 70. • Scenario 4 - Average Needs
o Average funding of $18.2 million per year for maintenance and rehabilitation.
o PCI increases to 66 at the end of five years.
o Backlog decreases from $55.0 million to $47.0 at the end of five years. o 73.4% of City streets will have a PCI equal to or greater than 70. • Scenario 5 - No Funding
o Average funding of $0 per year on maintenance and rehabilitation. o PCI decreases from 40 at the end of five years.
o Backlog increases from $55.0 million to $91.0 million at the end of five years.
o 27% of City streets will have a PCI equal to or greater than 70.
SUMMARY/CONCLUSION
The City currently has 134.31 centerline miles of paved roads or 272.98 lane miles. This asset comprises of approximately 27 million square feet of pavement and is worth approximately $183.6 million to replace. After updating the City's pavement management system with inspections and recent maintenance and rehabilitation treatments, the City's overall network condition is 50 PCI ("At-Risk to Fair" for pavement standards).
Based on the five budget scenarios evaluated, staff is requesting direction from City Council to select a preferred scenario. Once selected, staff can bring back a funding plan and a draft 5-year pavement plan that would be adopted as part of the 5-Year Capital Improvement Plan (CIP).
Currently, the City receives revenues from various sources including the Regional Surface Transportation Program (RSTP), Gas Taxes, Senate Bill 1 (SB1 ), Measure V, and Local Transportation Fund. On average (since 2021 ), we received approximately $4.1 million annually for all of transportation needs. This funding covers maintenance and CIP projects for sidewalk, signage, striping, traffic signal, pavement repairs, and local trails repair. Therefore, our conservative estimate for the average available fund for pavement related activities is $3.1 million annually.
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Revlewe
l/
ATTACHMENTS:
Draft Pavement Management Update Report
Brent Kuhn, Interim Finance Director
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- - - - -
Pavem.ent M:anagement Update
Draft Report, (1/5/2023}
- - --
Prepared By:
AMS Consulting
5627 Stoneridge Drive, Suite 320
Pleasanton, CA 94588
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................................. 4 INTRODUCTION ........................................................................................................................................ 7 What is a Pavement Management System (PMS)? ........................................................................... 7 Why is a Pavement Management System important? ...................................................................... 8 Background .......................................................................................................................................... 8 CURRENT STATE OF ROADS ................................................................................................................... 10 Road Network .................................................................................................................................... 10 Arterial/Minor Arterial ................................................................................................................... 10 Collector ......................................................................................................................................... 10 Residential/Local ............................................................................................................................ 11 Pavement Condition Assessment ..................................................................................................... 12 Pavement Condition Index (PCI) ....................................................................................................... 16 Local PCI Comparison ........................................................................................................................ 18 Maintenance and Rehabilitation Strategies ..................................................................................... 19 Pavement Needs for Optimal PCI ..................................................................................................... 24 BUDGET SCENARIOS .............................................................................................................................. 26 Scenario 1- Current Budget ............................................................................................................. 28 Scenario 2 - Constant PCI ................................................................................................................. 30 Scenario 3- Plus 5 PCI Increase ........................................................................................................ 32 Scenario 4 - Average Needs .............................................................................................................. 34 Scenario 5 - No Funding .................................................................................................................... 36 CONCLUSIONS ........................................................................................................................................ 38 APPENDICES ........................................................................................................................................... 42
TABLES EXECUTIVE SUMMARY
Table ES 1- Overview of City's Current Pavement Condition ................................................................ 4 Table ES 2 - Summary of different funding levels (Scenarios) ................................................................ 6
FIGURES
Figure 1. Pavement Life Expectancy ...................................................................................................... 11 Figure 2. Sample of Pavement Distress Types ....................................................................................... 13 Figure 3. Sample Condition of a road with a PCI in the 0- 25 range (Failed to Very Poor) .................. 14 Figure 4. Sample Condition of a road with a PCI in the 25-50 range (Poor) .......................................... 14 Figure 5. Sample Condition of a road with a PCI in the 50-70 range (At-Risk to Fair) ........................... 15 Page I 2
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Figure 6. Sample Condition of a road with a PCI in the 70-100 range (Good) ...................................... 15 Figure 7. Sample Condition of a road with a PCI in the 70-100 range (Excellent) ................................. 16 Figure 8. Street-by-Street Map of Pavement Condition Index (2023) .................................................. 17 Figure 9. Local Agency PCI Comparison ................................................................................................. 18 Figure 10. Standard Deterioration Curve ............................................................................................... 20 Figure 11. Maintenance Strategies for Arterial, Collector, and Residential streets .............................. 24 Figure 12. Scenario 1. Current Budget PCI and Backlog ........................................................................ 28 Figure 13. Scenario 2. Constant PCI and Backlog ................................................................................... 30 Figure 14. Scenario 3. Plus 5 PCI Increase and Backlog ......................................................................... 32 Figure 15. Scenario 4. Average Needs and Backlog .............................................................................. 34 Figure 16. Scenario 5. No Funding PCI and Backlog .............................................................................. 36 Figure 17. 5-Year Scenario PCI Summary ............................................................................................... 39 Figure 18. 5-Year Scenario Backlog Summary ....................................................................................... 40 TABLES
Table 1. City Network Summary Statistics ............................................................................................. 12 Table 2. Current Pavement Condition Categories ................................................................................. 19 Table 3. 5-Year Needs Breakdown for Optimal PCI ............................................................................... 25 Table 4. Scenario Summary ................................................................................................................... 27 Table 5. Scenario 1. Current Budget Summary ...................................................................................... 29 Table 6. Scenario 1. Current Budget - 2027 Condition Category Summary .......................................... 29 Table 7. Scenario 2. Constant PCI Summary .......................................................................................... 31 Table 8. Scenario 2. Constant PCI - 2027 Condition Category Summary ............................................... 31 Table 9. Scenario 3. Plus 5 PCI Increase Summary ................................................................................ 33 Table 10. Scenario 3. Plus 5 PCI Increase - 2027 Condition Category Summary ................................... 33 Table 11. Scenario 4. Average Needs Summary .................................................................................... 34 Table 12. Scenario 4. Average Needs - 2027 Condition Category Summary ........................................ 35 Table 13. Scenario 5. No Funding Summary .......................................................................................... 36 Table 14. Scenario 5. No Funding - 2027 Condition Category Summary ............................................... 37 Table 15. Scenario Summary PCI Conditions at the end of 2027 ......................................................... 41 Page I 3
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EXECUTIVE SU MMARY
The City of Los Banos street network is 134.31 centerline miles in length and covers approximately 27 million square feet of pavement. This network is an essential asset and is among the most valuable assets maintained by the City. This asset is worth $183.6 million to replace1. Through the City's most recent completed pavement management update that included comprehensive pavement surveys the City's overall pavement condition index (PCI) is 50, classified as "At Risk to Fair" for pavement standards. The PCI is a numerical rating from 0 - 100, with 0 being a failed street and 100 being a brand new pavement. 36.1% of the City's roads have a PCI of 70 and above and are classified in the "Good to Excellent" {Table ES 1).
Table ES 1- Overview of City's Current Pavement Condition An adequately designed asphalt street typically lasts twenty years without the need for total reconstruction. However, if conditions change, such as higher daily traffic usage, then reconstruction of the pavement may be warranted sooner. Extending the life of the pavement with pavement preservation, as opposed to the replacement of pavement, is the goal of a pavement management program.
Five budget scenarios were evaluated as part ofthe update. AMS used the MTC2 StreetSaver pavement management software to run various budget scenarios. Based on a series of assumptions, StreetSaver 1 The valuation is assessed by the assumption of replacing the entire street network with a new street valued in today's dollar. 2 Metropolitan Transportation Commission
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allocates available funds across the street network, recommends improvements, and forecasts future PCI if recommendations are implemented.
The five funding scenarios detailed (Table ES 2) below are five-year projections and provides useful "what-if" information on expected PCI and backlog values that may occur at different funding constraints. Backlog is the cost of a project recommended for treatment in the first year but deferred to the following years due to funding constraints. The following scenarios were analyzed and detailed below. The City's current Backlog is $55 million.
Scenario 1-Current Budget
• Average funding of $2.5 million per year for maintenance and rehabilitation. • PCI decreases to 48 at the end of five years.
• Backlog increases from $55.0 million to $76.9 million at the end of five years. • 43.8% of City streets will have a PCI equal to or greater than 70.
Scenario 2 - Constant PCI
• Average funding of $2.4 million per year for maintenance and rehabilitation. • PCI will be 50 at the end of five years.
• Backlog increases from $55.0 million to $78.9 million at the end of five years. • 45.4% of City streets will have a PCI equal to or greater than 70.
Scenario 3 - Plus 5 PCI Increase
• Average funding of $4.7 million per year for maintenance and rehabilitation. • PCI will be constant at 55 for five years.
• Backlog increases from $55.0 million to $71. 7 million at the end of five years. • 56.3% of City streets will have a PCI equal to or greater than 70.
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Scenario 4 - Average Needs
• Average funding of $18.2 million per year for maintenance and rehabilitation. • PCI increases from 50 to 66 at the end of five years. • Backlog decreases from $55.0 million to $47.0 at the end of five years. • 73.4% of City streets will have a PCI equal to or greater than 70.
Scenario 5 - No Funding
• Average funding of $0 per year on maintenance and rehabilitation. • PCI decreases from 50 to 40 at the end of five years. • Backlog increases from $55.0 million to $91.0 million at the end of five years. • 27% of City streets will have a PCI equal to or greater than 70.
Table ES 2 - Summary of different funding levels {Scenarios) Scenario 3. /
Scenario 1. Current Scenario 2. Constant Scenario 4. Scenario 5.
Budget PCI Plus 5 PCI Average No Funding Increase Needs Average Yearly ' '
Budget $2,500,000 $2,439,371 $4,670,427 $18,241,217 $0
Total Budget for 5 $12,500,000 $12,196,855 $23,352,134 $91,206,085 $0 Years Current PCI so 50 so so 50
Current Backlog $55,079,965 $55,079,965 $55,079,965 $55,079,965 $55,079,965 Current% in 36.10% 36.10% 36.10% 36.10% 36.10% 'Good' condition PCI after 5 years 48 (-2) 50 (O) 55 (+S) 66 (+16) 40 (-10) (change) Backlog after 5 $76,863,184 $78,936,774 $71,694,686 $46,961,869 $91,094,138 years Total Centerline 74.58 56.38 85.58 163.07 0.00 Miles Treated Total Lane Miles 150.25 112.78 172.22 331.51 0.00 Treated % 'Good' in 5 years 43.8 45.4 56.3 73.4 27.0
% 'Fair' in 5 years 4.7 4.8 2.5 0.7 13.5
% 'Poor' in 5 years 17.2 15.4 8.0 2.8 25.2
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INTRODUCTION
Paved streets in the City of Los Banos are among the many assets utilized by every resident, visitor, and business. A good street network enhances public safety, promotes mobility, and enables economic activity. The City is responsible for 134.31 centerline miles of roads or 272.98 lane miles3• This asset comprises of 27 million square feet of asphalt concrete and is estimated at $183.6 million to replace.
AMS Consulting (AMS) was selected as the City's Pavement Management Consultant in helping the City stretch their pavement expenditures by:
• Implementing, updating, and maintaining pavement management databases and • Providing updated pavement condition data of the network and each street segment.
What is a Pavement Management System (PMS)?
Pavement Management is the systematic process used to oversee the City's paved surfaces by measuring the condition and tracking pavement sections' maintenance and rehabilitation. These pavement sections can be organized by area, zones, and functional classifications. Effective pavement management strategies include condition assessment, life-cycle costs analysis, and budget projections to identify pavement segments needing maintenance or repair.
The City uses the MTC StreetSaver Pavement Management System, StreetSaver, to track and analyze the pavement condition and to develop City's annual street maintenance/rehabilitation program. The StreetSaver system is an online program used by all 109 cities and counties in the San Francisco Bay Area region and over 300 other public and private organizations nationwide and internationally. The 3 Lane mile is equal to 5,280 linear feet multiplied by the number of lanes.
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StreetSaver online program helps agencies and organizations make informed decisions about their pavement assets.
Please note, the pavement management software is a network-level support tool for planning and budgeting purposes. The City is not bound by StreetSaver's recommendation and is not a substitute for sound engineering judgment. Pavement management projects can be manually added or removed from StreetSaver's recommended sections selected for treatment based on other special considerations.
Why is a Pavement Management System important?
The City's paved surfaces are a vital asset to the community. It is essential that this asset is preserved and maintained. The pavement management program seeks a balance between pavement maintenance and rehabilitation of existing surfaces. The most cost-effective way to correct any paved surface problem is to address issues when they first appear. That is why funds are targeted to paved areas or sections rated in fair or good condition for preventative maintenance4• Without maintenance, these paved asphalt concrete surfaces would quickly deteriorate and be more expensive to fix in the future.
Background
AMS was selected by the City to implement StreetSaver pavement management system, migrate pavement assets to StreetSaver, update pavement sections with current inspections (based on the modified ASTM 6433 inspection process}, create a GIS link, update maintenance and rehabilitation strategies, perform budget analysis, and final reporting. 4 Preventative maintenance is a planned activity, unlike pavement repair. Pavement repair is used to eliminate pavement distress such as a large pothole. Preventative maintenance is generally cyclic in nature and is intended to stop distresses before they occur.
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The condition assessment results are used to determine the remaining useful life and develop ongoing major maintenance strategies. Cost analysis also provides the City with an understanding of its shortterm pavement needs. This information projects the annual costs for maintenance and rehabilitation5 to bring the overall network PCI to optimal conditions. Optimal conditions are when an agency has addressed all of its backlog needs. Backlog needs are defined as street segments identified in the needs assessment of the PMS requiring repair but not funded due to insufficient funding. Optimal conditions for the City of Los Banos have a network PCI that ranges from 80 to 85. 5 Rehabilitation is pavement treatment to restore serviceability and extend the service life of the road. This may include partial recycling of the existing pavement or other work necessary to return an existing pavement to a condition of functional adequacy.
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CURRENT STATE OF ROADS
Road Network
The City's road network is classified into three functional classifications:
Arterial/Minor Arterial
These roadways provide a high degree of mobility while allowing direct access to abutting properties.
These roadways serve major activity centers in an urban setting and have the highest volume and longest trip demand within a City. They interconnect other major corridors to accommodate trips entering and leaving the City. These roads also serve the need for "intra-area" travel between the business district and outlying Residential areas. An example of an Arterial in Los Banos is West I St.
Also, Arterials primarily serve intra-urban or Local travel, carrying traffic from Collector streets to and from other parts of the City and limited access roadways. Access to properties bordering these streets is subordinate to the primary function of moving traffic. The typical design speed on an Arterial is 45 miles per hour, and it has two to four lanes, except in the case of some principal Arterials, which have six lanes. Parking is generally not provided on Arterials.
Collector
The primary function of Collector streets is a combination of access and mobility. These streets provide links between Local streets and Arterials. They are designed to serve neighborhood traffic rather than cross-town traffic, including trips between adjacent neighborhoods. The design speed for Collectors is typically 35 miles per hour. On-street parking is usually provided.
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Residential/Loca I
Unlike other categories, Local roads are not intended for long-distance travel except at the origin or destination end of a trip. These roads are typically classified by default after Arterial and Collector streets have been identified. Local roads provide the highest level of accessibility and carry no through traffic movement. The primary function of local streets is access to adjacent land uses. Parking is usually offered along Local roads, and speed limits are typically 25 miles per hour.
Each streetis not built the same and therefore does not share the same deterioration curves or have the same life expectancy. Figure 1 is an example of the City's current life expectancy for pavement.
The useful life for an Arterial is much shorter than a Residential street, which is due to the amount of traffic.
Figure 1. Pavement Life Expectancy
Pa
Catqory 11/111 -
At-Risk to Fair
Catqory IV- Poor
Catqory V - Very Poor to Failed
0 5 10 15
Pavement Ase (Years)
20 The City of Los Banos owns and manages 134.31 centerline miles of pavement. Table 1 is a summary of the City's road network.
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Table 1. City Network Summary Statistics
Functional Total Total Total Lane Total Area
Classification Sections Center Miles (SF) PCI
Miles
Arterial 24 5.54 15.36 1,260,445 43
Collector 145 23.81 47.62 5,396,672 so
Minor Arterial 47 8.72 17.45 2,144,261 45
Local 881 96.24 192.55 18,222,059 51
1,097 134.31 272.98 27,023,437
Pavement Condition Assessment
A pavement surface assessment is completed by identifying surface distresses within each pavement management section. Inspections entail evaluating a representative sample {10% of the area) and identifying eight different pavement surface distresses; three severities (low, medium, and heavy); and quantifying them. Figure 2 is an example of eight different surface distress types. Inspectors use StreetSaver as a tool to calculate the condition of each management section. StreetSaver is an industry-standard (modified ASTM 6433) software used to generate a pavement rating known as a PCI (Pavement Condition Index). A PCI rating index is a numerical value between Oto 100, with O being a failed road (Figure 3) and 100 being a brand-new street (Figure 7). The PCI is calculated using StreetSaver system algorithms that MTC developed.
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Figure 2. Sample of Pavement Distress Types
Longitudinal Transverse
Cracking ·
- . .
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Figure 3. Sample Condition of a road with a PC/ in the O - 25 range (Failed to Very Poor) Figure 4. Sample Condition of a road with a PC/ in the 25-50 range {Poor) Badger Flat Rd. from Michelotti Rd. to Prairie Springs Rd PCI = 31
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Figure 5. Sample Condition of a road with a PC/ in the 50-70 range (At-Risk to Fair) Gilbert Gonzales Jr. Dr from Ward to West End
PCI = 64
Figure 6. Sample Condition of a road with a PC/ in the 70-100 range (Good) Page I 15
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Figure 7. Sample Condition of a road with a PC/ in the 70-100 range (Excellent) Pavement Condition Index (PCI)
After the 2023 pavement management update and recent pavement projects, the City's overall network PCI is 50 PCI. The overall network condition is a weighted average PCI equal to each management section PCI multiplied by its area and divided by the network's total area. The City's last pavement management update was performed in 2018. The overall network PCI was 59. Since the last update the PCI has dropped nine points in the last four years.
Figure 8 is a street-by-street map of the pavement condition index.
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Figure 8. Street-by-Street Map of Pavement Condition Index (2023) Page I 17
"O
15 i ~ .... i...a ...... -L_ ..... ....,~":"""I
if
S.1111.i lucia Ave
N 111 · ;-:J
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' .
Local PCI Comparison
Figure 9 is a PCI comparison with Local agencies in Merced County. Results for network PCl's were obtained from the Merced County Association of Governments (MCAG)6• With the exception of the City of Los Banos, the PCl's obtained from neighboring agencies are from 2018.
Figure 9. Local Agency PC/ Comparison
Local Agency PCI Comparison
90 5"80 77
Cl. 66 --; 70
Q,I
] 60 55
C so so
.2 50 ....
~ 40 0
u
..., 30
C:
Q,I
E 20
Q,I
> /1. 10
0 Livingston Atwater Gistine Los Banos Merced
County of
Govt. (avg)
Local Agencies in Merced County
6 Dynatest North America, Inc., September 2018 Report
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45 45
39 Merced Merced Dos Palos
County
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Table 2 is a breakdown of the City's current road network pavement condition categories.
Approximately 36.1% of the City's road network has a PCI of 70 or better.
Table 2. Current Pavement Condition Categories
Maintenance and Rehabilitation Strategies
The City's current maintenance activities vary from project to project; each maintenance activity is based upon the section's functional classification (Arterial, Collector, and Residential}, surface type, and PCI. Figure 10 illustrates a general pavement life cycle curve. The curve shows that pavements deteriorate only 40 percent in quality in the first 75 percent of their life; this deterioration subsequently accelerates rapidly, resulting in another 40 percent drop in quality in the next 12 percent of life. Therefore, investing in preventative maintenance in streets classified in the "Good Condition" (70 and above} can save the City a significant amount of money in rehabilitation and reconstruction7 costs in the future. Depending on the condition of the existing street, the appropriate roadway rehabilitation treatment method will be selected to regain strength to the existing pavement. Types of pavement rehabilitation are described below. StreetSaver recommends that the City continue its preventative maintenance efforts to utilize the recommended cost-effective treatments such as crack seals and slurry seals. City staff has reviewed the maintenance strategies, and AMS has updated the StreetSaver pavement management system. Part of the update was to review and revise the system unit costs. These unit costs are used to calculate total funding and budget need calculation. These 7 Reconstruction is equivalent to a new pavement structure where it involves removal and replacement of the existing pavement structure.
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unit costs are "total project construction costs" that include but are not limited to construction, thirdparty testing & inspection, tree trimming, striping, and traffic loop/camera detector installation.
Figure 10. Standard Deterioration Curve
Pavement Rating
C
.e
.-t= PCI -a
C
a
u 50-69
..
C
• E PCI
, ____
!! maJor dlsttwss
II
A. 25-49
Drop In
Quallty
60PCI -
Typical Pavement Llfecycle
Heavy Maintenance
75%of
Pavement Life Ught Rehabllltatlon
40%
Drop In
Quality Heavy Rehabilitation
20 PCI - ---------------------- Ufe
s 10 15 20
Pavement Age (Years)
Below are sample treatments used for pavement maintenance strategies:
Seal Crack Treatment8~ Preventative Maintenance Treatment Reconstruction
Surface Crack is an inevitable distress and is one of the first signs of distress at the pavement surface.
If this distress is neglected over time, it can grow to a pothole and eventually sub-base failure if left untreated. Crack Sealing is a cost-effective treatment and can treat all types of cracks greater than 1/8". This treatment slows the deterioration and can extend pavement life by three to five years. This treatment is triggered every five years for Arterials, every four years for Collectors and Residential streets.
8 https://roadresource.org/treatment resources/crack seal Page I 20
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I '
Slurry Sea/s9- Preventative Maintenance Treatment
A slurry seal is a surface treatment with mixtures containing asphalt emulsion, graded aggregates, fillers, water, and other additives to control the break and set time of the mixes. These treatments are designed to extend the life of asphalt pavements in good condition by providing skid resistance, restricting moisture intrusion, protecting the structure from further oxidation and raveling, and restoring a uniform black appearance. The slurry seal provides quick construction times and minimal disruption to the traveling public and can extend the life of the pavement by five to seven years. The City addresses load-related distress before applying a slurry seal. The City's maintenance strategy for slurry seal and slurry seal with base failure repair is triggered to occur every eight years. Arterial, Collectors, and Residential streets have a maximum of two (2) slurry seals before the system recommend a restoration treatment that warrants an AC Overlay with Fabric (1.5").
AC Over/a - Rehabilitation Treatment
Also known as "Mill and Fill", this treatment targets pavement that is at-risk to fair condition without signs of load-related distress. The treatment generally involves grinding the edges of existing pavement and placing a new layer of asphalt concrete (AC) on top of the existing pavement. Asphalt concrete, also known as Hot Mix Asphalt (HMA), is a mixture of asphalt oil, crushed rock, gravel, and sand.
AC Over/a with Pavement Fabric - Rehabilitation Treatment This treatment targets streets in fair to good condition with signs of load-related distresses. The treatment generally involves grinding the edges of existing pavement and placing a layer of paving mat/fabric on before applying a new surface course of asphalt concrete over the top of the existing pavement. A paving mat is an engineered pavement interlayer to create a moisture-resistant barrier and retard reflective cracking, which helps prolong the pavement service life. 9 https:/Jroadresource.org/treatment resources/slurry seal Page I 21
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Mill and AC Overlay - Rehabilitation Treatment
This treatment targets streets in at-risk to fair condition with signs of load-related distresses with necessary profile grade adjustment. The treatment consists of cold milling (also known as cold plane/grinding) the existing surface to a pre-determined depth with specialized milling equipment to provide properly required grades. A new layer of asphalt concrete is then placed after the completion of the milling operation.
AC Over/a with Rubberized Chi Seal - Rehabilitation Treatment This treatment targets streets in poor condition that need to be rehabilitated. This construction method involves grinding the edges of the existing pavement, placing a 3/8" layer of asphalt-rubber binder and aggregate pre-coated with paving asphalt (called rubberized chip seal), and then placing a new surface course of 1.5" to 1. 75" thick of asphalt concrete over the newly established chip seal layer.
This method is known as Stress Absorbing Membrane Interlayer (SAMI). The rubberized chip seal interlayer provides increased flexibility and reduces the likelihood of surface reflective cracking.
Cold-in-Place Re din CIPR 10- Rehabilitation Treatment
CIPR is a cost-effective, long-lasting, greener alternative to conventional maintenance and rehabilitation techniques. Cold In-place Recycling (CIR) is a process that cold mills and recycles the top 2-5 inches of asphalt using a continuous train operation. CIR significantly reduces trucking, time, and natural resources to substantially lower project costs by reusing existing material. Generally, any road that is a candidate for mill & fill is a candidate for CIR. This treatment adds fifteen-twenty years of service life with a combined appropriate wearing course. This treatment is typically 20%-50% less expensive than conventional maintenance and reconstruction methods but requires a lot of upfront coordination with various utility agencies to ensure that there are no ultility facilities within the 2-5 inches of existing asphalt that will be milled.
10 https://roadresource.org/treatment resources/ cold in place recycling Page I 22
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Full-De th-Reclamation FDR 11 - Dee Rehabilitation
FDR is a cost-effective, long-lasting, greener alternative to deep rehabilitation or removal and replacement techniques. Full Depth Reclamation (FDR) is an engineered rehabilitation technique. The entire thickness of the asphalt pavement and a predetermined portion of the underlying materials (base, subbase, and subgrade) is uniformly pulverized and blended to provide an upgraded, homogeneous material. The reclaimed materials may be improved and strengthened by using Mechanical, Chemical, or Bituminous stabilization. FDR isn't only for roads in poor condition; it is also a viable design process for increasing pavement's structural capacity in good condition but requires a lot of upfront coordination with various utility agencies to ensure that there are no ultility facilities within the existing asphalt and underlying materials that will be pulverized.
Reconstruction
Pavement reconstruction is a treatment that is needed when a road has reached the end of its design life, or the pavement has severe cross-section deficiencies due to traffic or environmental factors.
These roads typically have a PCI of 25 and below, and reconstruction is required to restore the service life. Reconstruction is equivalent to a new pavement that involves rebuilding the pavement layers from the ground up to replace the pavement. This treatment is the most expensive in comparison to the other treatments in the maintenance strategy.
Table 3 shows the City's current maintenance strategies for Arterial, Collector, and Residential/Local streets, with Arterial roads having the highest priority, followed by Collector and then Residential.
Arterial streets have the highest priority due to the high traffic volume. Please note, unit costs comprises of total project costs that include construction, design, and administration fees. As well as complete upgrade of all bike and pedestrian improvements on Arterial streets. 11 https:ljroadresource.org/treatment resources/full depth reclamation Page I 23
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Figure 11. Maintenance Strategies for Arterial, Collector, and Residential streets.
Maintenance Strategy
Good
C
0 ·-
...,
·- Fair -a
C
0 u
...,
C
a,
E Poor
~ ca
a.
Failed
40% 75% 90%
0/o of Pavement Life
Pavement Needs for Optimal PCI
The pavement management program develops a maintenance strategy to improve the road network's overall condition to an optimal PCI (80-85 PCI range). The overall weighted average PCI is 50 PCI, which is within the "At-Risk to Fair Category." This scenario answers the most common question, "if the City had all the money in the world, what would it cost to update the road network?" Table 3 below represents the 5-Year breakdown to get the road network into optimal conditions and address the backlog. Currently, the City's backlog is approximately $55.0 million. The backlog is derived from the work scheduled in prior years but deferred due to insufficient funding resources. Please note that the cost of the needs has been front-loaded. The front-loaded costs are due to the pavement management system's need to bring the entire pavement network to optimal conditions and maintain those Page I 24
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conditions for the next five years. To keep the PCI at optimal levels, the City would need to spend approximately $91.4 million by the end of 2027. The pavement management software is more costeffective to repair the street in the first year rather than waiting to fix them in the subsequent years.
Generally speaking, roads appear to be in good condition for a long time; however, when roads fail, they fail quickly, and repair costs can increase if the recommended maintenance treatments are deferred. Should the City not invest in maintenance or rehabilitation treatments on streets for the next five years, the overall network PCI will decrease to 40.
Table 3. 5-Year Needs Breakdown for Optimal PC/12
City Needs
Year PM Rehab Cost Total PCI PCI
Treated Untreated
2023 $4,169,524 $50,910,442 $55,079,966 81 50
2024 $106,436 $8,494,036 $8,600,472 80 48
2025 $134,252 $9,434,404 $9,568,656 82 46
2026 $416,708 $9,920,895 $10,337,603 83 43
2027 $603,847 $7,233,497 $7,837,344 85 40
$5,430,767 $85,993,274 $91,424,041
12 The results of the budget needs analysis use a 3% interest and inflation factor. These costs are in today's dollars, using pre-Covid unit costs and accounts for annual 3% interest and inflation.
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I I
BUDGET SCENARIOS
After inspecting the City's roadway conditions and evaluating the maintenance and rehabilitation needs, the next step in developing a cost-effective maintenance and rehabilitation strategy is to run "what-if" scenarios. The advantage of a pavement management program such as StreetSaver is the ability to forecast the treatments and conditions based on budget constraints or predict future costs based on targeted network PCI goals. The following scenarios have been analyzed:
Scenario 1 - Current Budget
• Average funding of $2.5 million per year for maintenance and rehabilitation. • PCI decreases to 48 at the end of five years.
• Backlog increases from $55.0 million to $76.9 million at the end of five years. • 43.8% of City streets will have a PCI equal to or greater than 70.
Scenario 2 - Constant PCI
• Average funding of $4.4 million per year for maintenance and rehabilitation. • PCI will be 50 at the end of five years.
• Backlog increases from $55.0 million to $79.3 million at the end of five years. • 45.2% of City streets will have a PCI equal to or greater than 70.
Scenario 3 - Plus S PCI Increase
• Average funding of $4.7 million per year for maintenance and rehabilitation. • PCI will be constant at 55 for five years.
• Backlog increases from $55.0 million to $71.7 million at the end of five years. • 56.3% of City streets will have a PCI equal to or greater than 70.
Scenario 4 - Average Needs
• Average funding of $18.2 million per year for maintenance and rehabilitation. • PCI increases from 50 to 66 at the end of five years. • Backlog decreases from $55.0 million to $47.0 at the end of five years. • 73.4% of City streets will have a PCI equal to or greater than 70.
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Scenario 5 - No Funding
• Average funding of $0 per year on maintenance and rehabilitation. • PCI decreases from 50 to 40 at the end of five years. • Backlog increases from $55.0 million to $91.0 million at the end of five years. 27% of City streets will have a PCI equal to or greater than 70.
Table 4. Scenario Summary
Scenario 1. Current Scenario 2.
Scenario 3. Scenario 4.
Budget Constant PCI Plus 5 PCI Average
Increase Needs
Average Yearly $2,500,000 $2,439,371 $4,670,427 $18,241,217 Budget Total Budget for 5 $12,500,000 $12,196,855 $23,352,134 $91,206,085 Years Current PCI so so 50 so
Current Backlog $55,079,965 $55,079,965 $55,079,965 $55,079,965 Current% in 36.10% 36.10% 36.10% 36.10% 'Good' condition PCI after 5 years 48(-2) 50 (O) 55 (+S) 66 (+16) (change) Backlog after 5 $76,863,184 $78,936,774 $71,694,686 $46,961,869 years
Total Centerline 74.58 56.38 85.58 163.07
Miles Treated
Total Lane Miles 150.25 112.78 172.22 331.51
Treated
" 'Good' in S years 43.8 45.4 56.3 73.4
% 'Fair' in 5 years 4.7 4.8 2.5 0.7
% 'Poor' in 5 years 17.2 15.4 8.0 2.8
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Scenario 5.
No Funding
$0
$0
so
$55,079,965
36.10%
40 (-10)
$91,094,138
0.00 0.00
27.0 13.5
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Scenario 1 - Current Budget
The City's current budget is approximately $2.5 million per year or $12.5 million at the end of five years. Implementing this budget scenario (Figure 12, Table 5) decreases the overall network PCI to
48. By the end of the analysis, the backlog increases to $76.9 million.
Figure 12. Scenario 1. Current Budget PC/ and Backlog
$100
$90
$80
$70
$60
Ill
C:
~$50
~ $40
$30
$20
$10
$0
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5-Year PCI and Backlog
Scenario 1. Current Funding
2024 2025 2026
Year
$76.9
2027
• Funding • Backlog -Pavement Condition Index (PCI}
100
90 80
70 0
a..
-X
60 Q)
"O
C:
C:
50 0
:€
"O
C: 40 0
u
....
C:
30 Q)
E
Q)
> 20 ro
a..
10 0
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Table 5. Scenario 1. Current Budget Summary
Scenario 1. Current Budget
Treated Treated Lane Year Budget Backlog PCI Centerline Miles Miles 2023 $2,500,000 $53,146,155 53 11.87 23.75
2024 $2,500,000 $57,624,001 52 16.80 33.61
2025 $2,500,000 $62,413,612 51 15.19 30.39
2026 $2,500,000 $68,853,626 so 10.60 22.25
2027 $2,500,000 $76,863,184 48 20.12 40.25
Approximately 43.8% (Table 6) of City streets will have a PCI equal to or greater than 70 PCI at the end of the year 2027 (Condition Category I).
Table 6. Scenario 1. Current Budget - 2027 Condition Category Summary Scenario 1. % Change City's
Existing at end of 5
Funding years
" 'Good' rn s years 43.8 7.8
% 'Fair' In 5 years 4.7 -11.4
% 'Poor' in 5 years 17.2 -11.1
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Scenario 2 - Constant PCI
This scenario (Figure 13, Table 7) analyzes the cost to sustain the overall network PCI at 50. Results show that it would cost approximately $2.5 million per year or $12.2 million for five years. This iteration indicates that the backlog increases to $79.3 million by the end of the year 2027.
Figure 13. Scenario 2. Constant PC/ and Backlog
$90,000,000
$80,000,000
$70,000,000
$60,000,000
-~ ~50,000,000
"' 0$40,000,000
0 $30,000,000
$20,000,000
$10,000,000
$0
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$55,079,965
50 2023
5-Year PCI and Backlog
Scenario 2. Constant PCI
$60,903,169
$65,234,369
2024 2025
Year
$78,936,774
so
2026 2027
- Backlog - Funding - Pavement Condition Index (PCI)
100
90-:::-
u
80 ~ X
70 CIJ
"0
C:
60 C:
0 so ~ "0
C:
40 0
u
.... 30 C:
CIJ
20 E
~
10 IV
0. 0
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Table 7. Scenario 2. Constant PC/ Summary
Scenario 2. Constant PCI
Vear Budget Backlog PCI Treated Centerline Miles Treated Lane Miles
2023 $0 $55,079,965 so 0.00 0.00
2024 $1,479,223 $60,903,169 50 10.40 20.81
2025 $3,002,977 $65,234,369 so 11.34 22.68
2026 $3,634,744 $70,903,411 50 14.58 29.17
2027 $4,079,911 $78,936,774 so 20.06 40.12
Approximately 45.2% (Table 8) of City streets will have a PCI equal to or greater than 70 PCI at the end of the year 2027 (Condition Category I).
Table 8. Scenario 2. Constant PC/ - 2027 Condition Category Summary Scenario 2. % Change
Maintain at end of 5
Current PCI years
" 'Good' in-5 years 45.4 9.4
% 'Fair' in 5 years 4.8 -11.3
% 'Poor' in 5 years 15.4 -12.5
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Scenario 3- Plus 5 PCI Increase
Figure 14, Table 9 represents the costs and impacts of increasing the overall network by 5 points (55 PCI). Implementing this scenario would cost approximately $4.7 million annually or $23.4 million by the end of five years. In addition, the backlog increases to $71.7 million by the end of the year 2027.
Figure 14. Scenario 3. Plus 5 PC/ Increase and Backlog
5-Year PCI and Backlog
$100 Scenario 3. Plus 5 PCI Increase 100
$90 90
$80 80
$71.7
$70 $65.8 70 2
$60.4 X
$60 $51.9 60 ~ 1 C Ill
C C
~ $50 50 .2
.....
~ $40
!6 ;
C 40 0
u
.....
$30 C: 30 a, E
QJ
$20 > 20 &,
$10 10
$0 0
2023 2024 2025 2026 2027
Year • Funding • Backlog -Pavement Condition Index (PCI) Page I 32
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Table 9. Scenario 3. Plus 5 PC/ Increase Summary
Scenario 3. Plus 5 PCI Increase
Year Budget Backlog PCI Treated Centerline Treated Lane Miles Miles
2023 $3,737,935 $51,892,378 55 12.27 24.54
2024 $3,829,934 $54,943,159 55 18.25 36.50
2025 $3,347,165 $60,431,483 55 10.35 20.70
2026 $5,033,127 $65,826,591 55 20.68 41.36
2027 $7,403,973 $71,694,686 55 24.03 49.12
Approximately 56.3% (Table 10) of City streets will have a PCI equal to or greater than 70 PCI at the end of the year 2027 (Condition Category I).
Table 10. Scenario 3. Plus 5 PC/ Increase - 2027 Condition Category Summary Scenario 3. % Change
Improve PCI at end of 5
by 5 Points years
% 'Good' in 5 years 56.3 20.3
% 'Fair' in 5 years 2.5 -13.6
% 'Poor' in 5 years 8 -20.3
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""'
Scenario 4 -Average Needs
Figure 15, Table 11, represents the costs and impacts of implementing an average needs budget. Results show that it would cost approximately $18.2 million per year or $23.4 million for five years. Implementing this scenario would increase the overall network PCI to 66, while the backlog would decrease from $55.0 million to $47.0 million by the end of 2027.
Figure 15. Scenario 4. Average Needs and Backlog
5-Year PCI and Backlog
$100 Scenario 4. Average Needs 70
~ ~ §-a -@ $90 [ill 60
$80
$70 50 u
Cl.
- $60 ~ -0 40 .,, -= C: C: $50 $47.0 0 ,Q $43.7 :.:;
$41.8 $40.3 $41.6 'ii ' ~ 30 5 i $40 u
....
C:
$30 (I/
20 E
(I/
>
$20 Ill
Cl.
10 $10
$0 0
2023 2024 2025 2026 2027
Year
• Funding - Backlog -Pavement Condition Index (PCI)
Table 11. Scenario 4. Average Needs Summary
Scenario 4. Average Needs
Year Budget Backlog PCI Treated Treated Lane
Centerline Miles Miles
2023 $18,241,217 $41,792,287 62 57.73 116.52
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,,.
2024 $18,241,217 $40,343,014 63 15.00 30.00
2025 $18,241,217 $41,609,216 63 8.85 19.13
2026 $18,241,217 $43,667,235 64 13.15 28.64
2027 $18,241,217 $46,961,869 66 68.34 137.22
Approximately 73.4% (Table 12) of City streets will have a PCI equal to or greater than 70 PCI at the end of the year 2027 (Condition Category I).
Table 12. Scenario 4. Average Needs - 2027 Condition Category Summary Scenario 4. % Change
Optimal PCI at end of 5
years
"'&aod' In Syears 73.4 31.4
% 'Fair' in 5 years 0.7 -15.4
% 'Poor' in 5 years 2.8 -25.S
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Scenario 5 - No Funding
Figure 16, Table 13, represents the costs and impacts of implementing an unfunded scenario. Implementing this scenario would decrease the overall network PCI to 40, while the backlog would increase from $55.0 million to $91.1 million by the end of 2027.
Figure 16. Scenario 5. No Funding PC/ and Backlog
5-Vear PCI and Backlog
$100 Scenario 5. No Funding 100
$91.1
$90 90
$80 80
$70 70 2
X
QJ
$60 60 '"g
VI C: C: 0
~ $50 50 :e
~ "O
5 1 $40 40 u . ....
C:
QJ
$30 30 ~ > I'll
Q.
$20 20
$10 10
$0 0
2023 2024 2025 2026 2027
Year
• Funding • Backlog -Pavement Condition Index (PCI)
Table 13. Scenario 5. No Funding Summary
Scenario 5. No Funding
Treated Treated Lane
Vear Budget Backlog PCI Centerline Miles
Miles
2023 $0 $55,079,965 50 0.00 0.00
2024 $0 $62,382,392 48 0.00 0.00
2025 $0 $70,008,484 46 0.00 0.00
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2026 $0 $80,008,943 43 0.00 0.00
2027 $0 $91,094,138 40 0.00 0.00
Approximately 27% (Table 14) of City streets will have a PCI equal to or greater than 70 PCI at the end of the year 2027 (Condition Category I}.
Table 14. Scenario 5. No Funding - 2027 Condition Category Summary Scenario 5. % Change
Do Nothing at end of 5
years
'6 'Good' In 5 years 27.0 -9.0
% 'Fair' in 5 years 13.5 -2.6
% 'Poor' in 5 years 25.2 -3.1
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r
CONCLUSIONS
The City of Los Banos currently has 134.31 centerline miles of paved roads or 272.98 lane miles. This asset comprises approximately 27 million square feet of pavement and is worth approximately $183.6 million to replace. After updating the City's pavement management system with inspections and recent maintenance and rehabilitation treatments, the City's overall network condition is 50 PCI ("At-Risk to Fair" for pavement standards). Approximately 36.1% of the City's road network has a PCI of 70 or better. The City's current backlog is about $55.1 million.
The first option the City should consider is implementing the "Average Needs Scenario." This scenario requires an average budget of $18.2 million annually or $91.2 million for five years. The effects of this budget increase the network PCI to 66 (Figure 17), while the backlog decreases to $47 million (Figure 18). About 73.4% of City streets will have a PCI of 70 and above (Table 15).
The second option is implementing the "Plus 5 PCI Increase scenario." Implementing this scenario of increasing the network PCI to 66 (Figure 17) would cost approximately $4.6 million per year or $23.4 million for five years. System results show that the City's backlog increases to $71. 7 million (Figure 18). This action will result in 56.3% of City streets with a PCI of 70 and above (Table 15).
The third option is the "Constant PCI." To keep the network constant at 50 for five years (Figure 17) will require an average annual budget of $4.4 million or $22.0 million for five years. Results show the backlog increasing to $79.3 million (Figure 18) at the end of the analysis. About 45.2% of City streets will have a PCI of 70 and above (Table 15).
The fourth option is using the "Current Budget." By spending an average of $2.5 million per year or $12.5 million for five years, the overall network PCI decreases to 48 (Figure 17). The backlog increases to $76.9 million at the end of the five-year cycle (Figure 18). Approximately 43.8% of City streets will have a PCI of 70 or better (Table 15).
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The fifth and least recommended action compared to the other options evaluated is the "No Funding Scenario." This iteration does not use any funds for the maintenance or rehabilitation of pavements.
Implementing this scenario will result in a PCI drop to 40 (Figure 17) and an increase in the backlog to $91.1 million (Figure 18). Approximately 27% of City streets will have a PCI of 70 and above (Table 15).
Figure 17. 5-Year Scenario PC/ Summary
-X
70 65
~55
C
_§so
-~
"'O
§45
u
+-'
~40
E
~35 n,
a..
30 25
62 Budget Scenario
PCI Summary ----66 ___ 63--63------64
/ ss--55---55--55---55 ?,/' _ 52
50--50=----- 50 - - SO--so--50
----48---- -- 48
46--.__
43 ----
40 Current 2023 2024 2025 2026 2027
Year
Scenario 1. Current Budget - Scenario 2. Constant PCI
- Scenario 3. Plus 5 PCI Increase -Scenario 4. Average Needs - Scenario 5. No Funding
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Figure 18. 5-Year Scenario Backlog Summary
-V'I
C
$95
$85
$75
~ $65
E
-
~ $55
32 u
ro
co $45
$35
$25
Budget Scenario
Backlog Summary $91.1
$80.0/
/ $79.3
$70.0/ $71.3/ $
76'
9 $62_
4 s(s':4,............-So8.9 _.......- $71. 7
$517 .6~ $62.4_......---$65·
8 ~ 561.0 _.......-$60 4
$55.1--$55.l $54 9 . .____S51.9 -- .
$41.8 -$40,3-$41.6--$43.7
---$47.0
Current 2023 2024 2025 2026 2027
Year
Scenario 1. Current Budget - Scenario 2. Constant PCI
- Scenario 3. Plus 5 PCI Increase -Scenario 4. Average Needs - Scenario 5. No Funding
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Table 15. Scenario Summary PC/ Conditions at the end of 2027 Scenario 1. Current Scenario 2. Scenario 3. Scenario 4. Scenario 5.
Budget Constant Plus 5 PCI Average No
PCI Increase Needs Funding
" 'Good' in 5 years 43.8 45.4 56.3 73.4 270
% 'Fair' in 5 years 4.7 4.8 2.5 0.7 13.5
% 'Poor' in 5 years 17.2 15.4 8.0 2.8 25.2
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APPENDICES
SECTION I - PCI REPORT
SECTION II-NEEDS AND NETWORK SUMMARY STATISTICS
SECTION II - NETWORK CONDITION AND COST SUMMARY
SECTION IV - SECTIONS SELECTED FOR TREATMENT
SECTION V-OTHER BACKUP DOCUMENTS
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THIS PAGE IS INTENTIONALLY LEFT BLANK
170
LOsBanos
At tJ l 1Ts.s1rads ,f Californh.1
Agenda Staff Report
TO: Mayor and City Council Members
FROM:
DATE:
Soknirorn Than, P.E., Public Works Director/City Enginee~ J L_ July 5, 2023
TYPE OF REPORT: Agenda Item
SUBJECT: Approving the Memorandum of Understanding (MOU) with Grassland Water District to Explore the Benefits of Constructing a DetentionRecharge Basin on the City Owned Property East of San Luis Canal (160- acres)
Recommendation:
That the City Council adopts the Resolution authorizing the City Manager to execute the Memorandum of Understanding (MOU) with Grassland Water District regarding the Recharge Basins and Storm Water Capture Project - Phase 1 on the City owned property east of San Luis Canal.
Background:
On July 6, 2022, City Council adopted an amendment to the Groundwater Sustainability Plan (GSP) for the Delta Mendota Sub basin. This update was a response to the California Department of Water Resources "Incomplete" letter dated, January 21, 2022.
Although the GSP is yet to be accepted by DWR or the SWRCB, the intend and requirements for the Sustainable Groundwater Management Act (SGMA) remain.
Additionally, the weather patterns within the Central Valley has changed over the last decade resulting in more intense storm systems. As demonstrated in the winter of 2022- 2023, the City has received over 16 inches of rain from October 2022 to May 2023. The City received over 10 inches of rain alone in the month of December and January. On average (2011 - 2022), our annual rainfall is 7.75 inches.
Currently, the City relies mainly on the Central California Irrigation District (CCID) and Grassland Water District (GWD) to convey our ~tormwater. The main conveyances are ITEM 11
171
the CCID Main Canal, San Luis Canal (GWD) and the Santa Fe Canal (GWD).
Combined, these conveyances accounted for a maximum peak flow of over 437 cubic feet per second ( cfs).
Per the City Masterplan, the City has constructed numerous retention/detention basins.
These basins were designed mainly to accommodate the 50-year storm events while our conveyance facilities is designed for 10-year storm events. In short, during a more intense storm event that is beyond a 10-year storm events, the storm water will inundate our conveyance systems (pipelines and pump stations) and overflow into our retention basins preventing localize flooding. Table below shows the various storm event classifications based on rain intensity.
Table 4.1 Precipitation Depth-Ouration•Frequency
Storm Drainage System Master Plan
City of Los Banos
i:Xllt ~ !2:lellt i~·ll',HE 2i"'Xlilt lllQ•3'Ut
(in/ (in/ (in/ {lnl (in/ (in/
Duration (in} hr) (In) hr) (In) hr) (in) hr) (in) hr) (in) hr) 1-hour 0.33 0.33 0.49 0.49 0.61 0.61 0.77 0.77 0.90 0.90 1.02 1.02 2whours 0.43 0.22 0.62 0.31 0.77 0.39 0.96 0.48 1.11 0.56 1.25 0.63 3--hours 0.50 0.17 0.72 0.24 0.88 0.29 1..08 0.36 1.25 0.42 1.41 0.47 6-hours 0.65 0.11 0.92 0.15 1.11 0.15 1.34 0.22 1.54 0.26 1.73 0.29 12-hours 0.85 0.07 1.17 0.10 1.39 0.12 1.67 0.14 1.90 0.16 2.12 0.18 24-hours 1.11 0.05 1.49 0.06 1.75 0.07 2.07 0.09 2.34 0.10 2.60 0.11 48,-hours 1.45 0.03 1.90 0.04 2.21 0.05 2.57 0.05 2.89 0.06 3.18 0.07 Note:
1. Table derived from data collected from the California Department of Water Resources.
With SGMA and the changes in weather pattern, the City is required to take a more in depth review of our Storm Drainage System. This is both to increase ground water recharge in preparation for extreme drought conditions and to increase storm water discharge capacity during extreme rainfall conditions.
In late 2022, GWD has received the Proposition 68, Sustainable Groundwater Management Implementation Grant Round 1, funding through the Delta-Mendota Subbasin award in the amount of $1,000,000.00. The intent of this grant was to improve and enhance water conveyance and water control structures to more efficiently capture and temporarily store water from and into the GWD conveyance system to facilitate optimal habitat management in the spring and summer months within the GWD and the Grassland Resource Conservation District (GRCD).
With this grant, GWD staff has reached out to City staff for a potential partnership in developing a project that would be mutually beneficial to both parties. 172
Discussion:
With the City of Los Banos geographically located within the crossing of both the Santa Fe and San Luis Canal, GWD determined that there are great benefits in studying the City Owned parcels (160-acres) that bisect the two canals. This includes the area below:
The potential benefits of this project includes:
• Increase stormwater capture capacity
• Increase resiliency for flood protection
• Increase groundwater recharge capacity
• Improve groundwater quality
• Create wildlife refuge water supply flexibility
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To confirm the above benefits and initiate the project, staff has enlisted assistant from our on-call engineering firm, Provost and Pritchard, to complete Phase 1. This includes Environmental Planning (CEQA), Stormwater Analysis, Land Surveying, and 30% design document. This is for an estimated cost of $189,000.00. In exchange, GWD is to commit the Proposition 68 grant funding to the project through the completion of the initial phase- Phase 1 of the project and any subsequent phases going forward.
Upon completion of the Provost and Pritchard study, the City and GWD shall meet and confer and negotiate in good faith to attempt to reach mutual agreement on the terms, responsibilities and obligations of the Parties for the funding, share of cost, construction, and ongoing operation and maintenance of the project.
It is the intent to both parties to deliver this project by 2025 per the Proposition 68 grant agreement.
Fiscal Impact:
The estimated Fiscal Impact of the project is $189,000.00 to the Fiscal Year 2023-2024 budget. The item is anticipated to be paid for from the Water Fund, in line item 501-461- 100-231 (Professional Services).
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Attachments:
Resolution
Memorandum of Understanding
Project Scopes and Exhibits
174
RESOLUTION NO.
RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF LOS BANOS AND THE GRASSLAND WATER
DISTRICT REGARDING RECHARGE BASINS AND STORM WATER
CAPTURE PROJECT - PHASE 1
WHEREAS, In September 2014, the California Legislature enacted the Sustainable Groundwater Management Act (SGMA), which established a statewide framework for sustainable management of groundwater resources;
WHEREAS, SGMA requires all groundwater subbasins designated as high- or mediumpriority by the California Department of Water Resources (DWR) to manage groundwater in a sustainable manner;
WHEREAS, the Delta-Mendota Subbasin (Basin Number 5-22.07, DWR Bulletin 118) within the San Joaquin Valley Groundwater Basin, has been designated as a high-priority, critically overdrafted basin by DWR;
WHEREAS, the Grassland Water District (GWD), in conjunction with the Grassland Groundwater Sustainability Agency (GGSA) and the City of Los Banos (CITY) in conjunction with the Los Banos Groundwater Sustainability Agency (LBGSA), are exploring the potential for a project that includes the construction of detention basins for storm water capture on approximately 160-acres of CITY owned property located between the San Luis and Santa Fe Canals;
WHEREAS, GWD has received Proposition 68, Sustainable Groundwater Management Implementation Grant, Round 1 funding through the Delta-Mendota Subbasin award in the amount of$1,000,000.00;
WHEREAS, the potential benefits of the project are storm water capture, flood protection, groundwater recharge, wildlife refuge water supply flexibility, and groundwater quality and quantity improvements for the City of Los Banos; and WHEREAS, the parties wish to enter into an MOU to memorialize the parties' intent and expectations relative to a potential joint participation in a storm water capture project for the mutual benefit of the Parties.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS BANOS DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated by reference herein.
SECTION 2. The City Council hereby approves and adopts the Memorandum of Understanding Re: Recharge Basins and Storm Water Capture Project - Phase 1, which is 175
attached hereto as Exhibit "A" and authorizes the Mayor or his designee to execute the same on behalf of the City.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 5th day of July 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
176
MEMORANDUM OF UNDERSTANDING BETWEEN THE GRASSLAND
WATER DISTRICT AND THE CITY OF LOS BANOS
Recharge Basins and Storm Water Capture Project- Phase 1 This Memorandum of Understanding is made and entered into this __ day of ___ . 2023, by and between the City of Los Banos, a California municipal corporation and the Grassland Water District, a California Water District, the Parties.
RECITALS
WHEREAS, In September 2014, the California Legislature enacted the Sustainable Groundwater Management Act (SGMA), which established a statewide :framework for sustainable management of groundwater resources;
WHEREAS, SGMA requires all groundwater subbasins designated as high- or mediumpriority by the California Department of Water Resources (DWR) to manage groundwater in a sustainable manner;
WHEREAS, the Delta-Mendota Subbasin (Basin Number 5-22.07, DWR Bulletin 118) within the San Joaquin Valley Groundwater Basin, has been designated as a high-priority, critically overdrafted basin by DWR;
WHEREAS, the Grassland Water District (GWD), in conjunction with the Grassland Groundwater Sustainability Agency (GGSA) and the City of Los Banos (CITY} in conjunction with the Los Banos Groundwater Sustainability Agency (LBGSA), are exploring the potential for a project that includes the construction of detention basins for storm water capture on approximately 160-acres of CITY owned property located between the San Luis and Santa Fe Canals;
WHEREAS, GWD has received Proposition 68, Sustainable Groundwater Management Implementation Grant, Round 1 funding through the Delta-Mendota Subbasin award in the amount of$1,000,000.00;
WHEREAS, the potential benefits of the project are storm water capture, flood protection, groundwater recharge, wildlife refuge water supply flexibility, and groundwater quality and quantity improvements for the City of Los Banos; and WHEREAS, The Parties understand that a future agreement will be necessary regarding the funding, cost sharing, construction, ongoing operation and maintenance of the Project; and NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
1. Term. This MOU shall commence on the Effective Date first written above and shall continue until execution of a mutual agreement for the funding, cost sharing, construction, ongoing operation and maintenance of the Project, unless terminated earlier as provided in this MOU. This MOU may be terminated by either party for any reason upon 10 days prior written notice to the other.
1 177
2. Purpose of MOU. The purpose of this MOU is to memorialize the parties' intent and expectations relative to a potential joint participation in a storm water capture project for the mutual benefit of the Parties.
3. Intent of the Parties. The Parties intend to work together in mutual cooperation to explore the feasibility of a joint project that includes the construction of detention basins for storm water capture on approximately 160-acres of CITY owned property located between the San Luis and Santa Fe Canals; and features such as two turnout structures and pipeline delivery systems ( one from the Santa Fe Canal and another from the San Luis Canal), and an outlet structure to the San Luis Canal.
4. Mutual Benefits of the Project. The expectations of the Parties is that the project will provide potential benefits to each party in the form of storm water capture, flood protection, groundwater recharge, wildlife refuge water supply flexibility, and groundwater quality and quantity improvements.
5. Phase 1 - Initial Phase of the Project. The Parties agree that the initial step in evaluating the potential benefits of the project is to retain the services of Provost and Pritchard to provide engineering, Phase I environmental site assessment, environmental planning, and surveying services for the project. The CITY has committed to provide funding for this initial phase in an amount not to exceed $189,000.00. A copy of the Provost and Pritchard proposal is attached hereto and incorporated herein by this reference.
6. Commitments by the Parties.
a) CITY shall commit the funding as set forth in paragraph 5 herein. b) GWD shall commit the Proposition 68 grant funding to the project through the completion of the initial phase- Phase 1 of the project as set forth in paragraph 5 herein and any subsequent phases going forward, subject to the terms and conditions of SGMA Implementation Grant Agreement 4600014644.
c) Upon completion of the Provost and Pritchard study, the Parties shall meet and confer and negotiate in good faith to attempt to reach mutual agreement on the terms, responsibilities and obligations of the Parties for the funding, share of cost, construction, and ongoing operation and maintenance of the project.
d) Both Parties reserve judgment as to whether it is in their best interests to support and participate in the Project beyond the initial phase - Phase I as described herein. Nothing in this MOU is intended to modify or supersede the independent authority or discretion of either Party beyond the initial phase - Phase I as described herein.
7. Indemnity. Neither Party, nor any of its officers or employees, shall be responsible for any damage or liability occurring by reason of any act or failure to act by the other Party under or in connection with any work delegated to that Party under this MOU. The Parties further agree, pursuant to Governmental Code Section 895.4, that each Party shall fully indemnify and hold harmless the other Party and its agents, officers, employees, and contractors from and 2 178
against all claims, damages, losses, judgments, liabilities, expenses and other costs, including litigation costs and attorney fees, arising out of, resulting from, or in connection with any work delegated to or action taken or omitted to be taken by such Party under this MOU.
8. General Provisions.
a. Non-Exclusive Agreement. Nothing in this MOU shall prevent either Party from working cooperatively with other individuals, public agencies, or private organizations to improve groundwater recharge within that Party's respective jurisdiction. b. Authority. Each signatory of this MOU represents that he/she is authorized to execute this MOU on behalf of the Party for which he/she signs. Each Party represents that it has legal authority to enter into this MOU and to perform all obligations under the Agreement. c. Jurisdiction and Venue. This MOU shall be governed by and construed in accordance with the laws of the State of California, except for its conflicts of law rules. Any suit, action, or proceeding brought under the scope of this MOU shall be brought and maintained to the extent allowed by law in the County of Merced, California.
d. Construction and Interpretation. This MOU may not be construed for or against any Party by reason of the authorship or alleged authorship of any provision. The paragraph headings are for ease of reference only and shall not be used in constructing or interpreting this MOU. e. Entire Agreement. This MOU contains the entire understanding between the Parties relating to the rights created herein. All prior or contemporaneous drafts, agreements, understandings, representations, statements, oral or written, are merged into this MOU and shall be of no further force or effect.
£ Amendment. The Parties will negotiate amendments, including but not limited to expansion of the scope of activities, to this MOU in good faith and will not unreasonably withhold consent. No amendment to this MOU will be effective unless it is in writing and is signed by each of the Parties to this MOU.
g. Attorneys' Fees and Costs. Regardless of whether it is the prevailing party in any litigation or other action to enforce or interpret this MOU, each Party shall bear its own attorneys' fees, costs of suit, and other necessary disbursements. h. Necessary Actions. Each Party agrees to execute and deliver additional documents and instruments and to take any additional actions as may be reasonably required to carry out the purposes of this MOU, in compliance with all applicable laws, rules, regulations, and ordinances. i. Third Party Beneficiaries. This MOU shall not create any right or interest in any nonparty or in any member of the public as a third-party beneficiary. j. Severability. Should any article, section, subsection, subdivisions, sentence, clause, phrase, or provision of this MOU be found to be inoperative, void, or invalid by a court of 3 179
competent jurisdiction, all other provisions of this MOU shall remain in full force and effect during the term of this MOU.
k. Counterparts. This MOU may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.
1. Waiver. No waiver by either Party of any provision of this MOU shall be deemed a waiver of any other provision of this MOU or of any subsequent breach by the other Party of the same prov1s10n.
m. Successors and Assigns. This MOU shall inure to the benefit of and be binding upon the successors and assigns of the Parties.
n. Notices. All notices, requests, demands, or other communications required or permitted under this MOU shall be in writing and, except as otherwise provided herein, shall be effective upon personal delivery or three days after deposit in the United States mail, registered or certified, with first class postage fully prepaid, addresses as follows:
GRASSLAND WATER DISTRICT
Ricardo Ortega
General Manager
200 W Willmott A venue
Los Banos, CA 93635
CITY OF LOS BANOS
Nirorn Than P .E.
Public Works Director/City Engineer
411 Madison A venue
Los Banos, California 93635
IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding by their duly authorized representatives.
GRASSLAND WATER DISTRICT
a California Water District
By:
APPROVED AS TO FORM:
By: -----------------
Ellen Wehr
4 Date
Date
180
CITY OF LOS BANOS
a municipal corporation
By:
ATTEST:
By: ---------------
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
By: ------------ --- William A. Vaughn
5 Date
Date
Date
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