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AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
JULY 19, 2023 - 6:00 PM
Live stream on YouTube at:
1 ..................................................................... https://www.youtube.com/@losbanos406 ........................... ....................................:
1 If you require special assistance to attend or participate in this meeting, please call the ,,!:
,
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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 a tender o participar en esta junta por favor /lame a la oficina de la Secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas previas de la junta.
La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabi/idad (ADA) de 1990. : ........................................................................................................................................................................................................................................................................................... = i
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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.
* * * * * * * ** * * * * * * *
Cualquier escritura o /os documentos proporcionaron a una mayorfa de/ Ayuntamiento respecto a cualquier artfculo en este orden de/ dfa sera hecho disponible para la inspecci6n ptJblica en la reuni6n y en 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 /os documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org.
Please note: The Brown Act provides the public with an opportunity to make public comment at any public meeting. As an alternative for in-person comments, written public comment may be made by e-mail to [email protected] or delivered to, the City Clerk at City Hall, 520 J Street three (3) hours prior to the scheduled time of the meeting. Comments received will not be read aloud at the meeting, but shall be distributed to the City Council via e-mail and added to the agenda packet on the City's website for public review. Agenda packets can be found on the City's website at the fo!lowing_ link: https://losbanos.org/category/city-council/ Los Banos City Council Agenda - July 19, 2023 Page 1 of 4 1 1. CALL TO ORDER-July 19, 2023 6:00 PM
2. PLEDGE OF ALLEGIANCE.
3. ROLL CALL: (City Council Members)
Kenneth Lambert - District 1
Brett Jones - District 3
__ Douglas Begonia, Jr. - District 2
Deborah Lewis - District 4
__ Paul Llanez - Mayor
4. CONSIDERATION OF APPROVAL OF AGENDA.
Recommendation: Adopt the agenda as submitted.
5. 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.)
6. 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 #239561 - #239963 in the Amount of $2,805,229.35.
Recommendation: Approve the check register as submitted.
B. Minutes for the June 7, 2023 City Council Meeting.
Recommendation: Approve the minutes as submitted.
C. Minutes for the June 21, 2023 City Council Meeting.
Recommendation: Approve the minutes as submitted.
D. Minutes for the July 5, 2023 City Council Meeting.
Recommendation: Approve the minutes as submitted.
E. City Council Resolution No. 6665 - Authorizing the City Manager to Execute a Professional Services Agreement between the City of Los Banos and Mark Thomas & Company, Inc. for Engineering Design Services for State Route 165Nineyard Drive Intersection and Adopting a Revised Budget for the Fiscal Year 2023-24 as it Pertains to the Lamoglia Fund in the Amount of $164,027.
Recommendation: Adopt the resolution as submitted.
F. City Council Resolution No. 6666 -Authorizing the Public Works Director/City Engineer to Execute Change Order No. 1 to the Contract Agreement for the Exterior Painting of Four (4) City-Owned Buildings to Pro Group Painting for Los Banos City Council Agenda - July 19, 2023 Page 2 of4 2 pgs. 5-8
pgs. 9-16
pgs. 17-24
pgs. 25-30
pgs. 31-82
the Stucco Work at City Hall and Police Annex and to Increase the Project Contingency to $87,454.
Recommendation: Adopt the resolution as submitted.
G. City Council Resolution No. 6667 - Accepting the Sports Complex Restroom and Concession Building Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder.
Recommendation: Adopt the resolution as submitted.
H. City Council Resolution No. 6668 - Accepting Public Improvements for Southpointe at Regency Park, Phase 8 (Stonefield Home, Inc.).
Recommendation: Adopt the resolution as submitted.
I. City Council Resolution No. 6669 - Accepting Public Improvements for Southpointe at Regency Park, Phase 9 (Stonefield Home, Inc.).
Recommendation: Adopt the resolution as submitted.
J. City Council Resolution No. 6670 - Award of Construction Contract to St.
Francis Electric, LLC., in the Amount of $495,000 with a 10% Contingency in the Amount of $49,500 for SR-152 Signal Synchronization, Federal-Aid Project No. CML-5160(028).
Recommendation: Adopt the resolution as submitted.
K. City Council Resolution No. 6671 - Authorizing Management & MidManagement Employees and the Los Banos Police Sergeants Association to Participate in the California State Disability Insurance Program at Their Own Expense.
Recommendation: Adopt the resolution as submitted.
7. 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 Disclose the Final Funding Amounts and Accomplishments of 2018 Community Development Block Grant (CDBG) Agreement 12913.
Recommendation: Receive staff report, open the public hearing, receive public comment, close the public hearing. No action to be taken.
8. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6672 - APPROVING THE LIST OF REGIONAL STREET PROJECTS TO BE
RECOMMENDED TO BE INCLUDED IN THE MEASURE V 2023
IMPLEMENTATION PLAN.
Recommendation: Receive staff report and adopt the resolution as submitted.
Los Banos City Council Agenda - July 19, 2023 Page 3of4 3 pgs. 91-94
pgs. 95-130
pgs. 131-162
pgs. 83-90
pgs. 163-178
pgs. 179-182
pgs. 183-188
pgs. 189-246
9. ADVISEMENT OF PUBLIC NOTICES. (Three Reports)
Recommendation: Informational item only, no action to be taken.
10. CITY MANAGER REPORT.
Recommendation: Informational item only, no action to be taken.
11. 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.
12. CITY COUNCIL MEMBER REPORTS.
A. Douglas Begonia, Jr. - District 2
B. Brett Jones - District 3
C. Deborah Lewis - District 4
D. Kenneth Lambert- District 1
E. Paul Llanez - Mayor
13. ADJOURNMENT.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing -Cs ~ -te~ ulletin board not less than 72 hours prior to the meeting.
Lucille L. Mallonee City Clerk Dated this 14th day of July 2023 Los Banos City Council Agenda - July 19, 2023 Page 4 of4 4 pgs. 247-249
CK# 239561 - # 239963 07/19/2023 $2,805,229.35
Check Report Lify 0
os ' B ,anos
Check by Date :: ! '.• (:'·()!, -:l(IS (? { "•;q_~)l"])'/ I Check No Check Date Vendor Name Payment Type Vold Payment Amount 239771 06/30/2023 Alhambra Regular 58.43
239772 06/30/2023 AAA Business Supplies Regular 61.41
239773 06/30/2023 Agile Occupational Medicine PC Regular 115.00 239774 06/30/2023 AMS Consulting Regular 11,305.00
239775 06/30/2023 Amsoil Inc. Regular 5,069.45
239776 06/30/2023 Animal Damage Management, Inc. Regular 350.00 239777 06/30/2023 Anthony Gomes Regular 120.00
239778 06/30/2023 Apex Annex Health Center, Inc. Regular 728.00 239779 06/30/2023 Aramark Uniform Ser Inc Regular 156.24 239780 06/30/2023 AramarkUniform & Career Apparel Group, Inc. Regular 170.69 239781 06/30/2023 Airgas, Inc. Regular 330.59
239782 06/30/2023 AT&T Long Distance Regular 1.39
239783 06/30/2023 AT&T Regular 411.08
239784 06/30/2023 AT&T Regular 190.15
239785 06/30/2023 Maria Aguilar Regular 600.00
239786 06/30/2023 Todd Baker Regular 2,526.00
239787 06/30/2023 Battery Systems, Inc. Regular 2,344.82 239788 06/30/2023 BJ's Consumers Choice Pest Control Inc. Regular 395.00 239789 06/30/2023 Bound Tree medical LLC Regular 105.92 239790 06/30/2023 Bruce's Tire Inc Regular 4,530.46
239791 06/30/2023 BSK Associates Regular 16,869.50
239792 06/30/2023 Buy N Save Market Regular 86.89
239793 06/30/2023 Nicole Ann Baker Regular 350.00
239794 06/30/2023 Hector Castillo Regular 975.00
239795 06/30/2023 CEP America California Regular 1,584.00 239796 06/30/2023 Cintas Corporation No.2 Regular 451.95 239797 06/30/2023 Central Sanitary Supply, LLC Regular 189.48 239798 06/30/2023 Central Valley Concrete Inc. Regular 1,896.60 239799 06/30/2023 Coffee Break Service Inc. Regular 206.88 239800 06/30/2023 Comcast Regular 228.32
239801 06/30/2023 CSG Consultants Inc. Regular 3,546.25 239802 06/30/2023 City of Los Banos Utility Regular 41,428.19 239803 06/30/2023 City of Los Banos ** Regular 2,055.58 239804 06/30/2023 Custom Locksmith & Alarm Inc. Regular 48.88 239805 06/30/2023 D & D Pest Control Regular 183.00
239806 06/30/2023 Docs Towing & Transport, Inc. Regular 440.00 239807 06/30/2023 Dos Palos Publishing Company Regular 270.00 239808 06/30/2023 DroneSense, Inc. Regular 2,900.00
239809 06/30/2023 Electric Drives Inc Regular 187.50
239810 06/30/2023 F S Rod Inc Regular 2,560.00
239811 06/30/2023 Fastenal Company Regular 134.80
239812 06/30/2023 Galls Inc Regular 131.80
239813 06/30/2023 Garton Tractor Inc Regular 4,963.92
239814 06/30/2023 Aurelio Gomes Regular 810.00
239815 06/30/2023 Halcyon Creek Inc. Regular 30,563.52
ITEM 6A
5 239816 06/30/2023 Henley Pacific, LLC Regular 96.66
239817 06/30/2023 Charles A. Edler Regular 3,776.00
239818 06/30/2023 Sally Hernandez Regular 50.00
239819 06/30/2023 Mario Iniguez Regular 190.00
239820 06/30/2023 KD Medical Group, Inc. Regular 300.00 239821 06/30/2023 Kimball Midwest Regular 380.70
239822 06/30/2023 Language Line Services Regular 36.66
239823 06/30/2023 Liebert Cassidy Whitmore Regular 4,773.50 239824 06/30/2023 Los Banos Car Wash Inc Regular 150.00 239825 06/30/2023 Los Banos Elks Lodge No 2510 Regular 24,987.00 239826 06/30/2023 Lucas Business Systems Regular 2,212.32 239827 06/30/2023 Marfabinc Regular 20.95
239828 06/30/2023 McElvany Inc Regular 7,952.50
239829 06/30/2023 Merced County Auditor Controller Regular 585.00 239830 06/30/2023 Merced County Tax Collector Regular 55.00 239831 06/30/2023 Merced MRI Medical Group Regular 130.00 239832 06/30/2023 Merced Truck & Trailer Inc Regular 467.83 239833 06/30/2023 Madera Uniform & Accessories Regular 191.35 239834 06/30/2023 Mid Cal Pipeline & Utilities, Inc. Regular 93,100.00 239835 06/30/2023 Municipal Maintenance Equipment, Inc. Regular 501.28 239836 06/30/2023 Krystal Mondragon Regular 600.00
239837 06/30/2023 NDN International LLC Regular 2,195.08 239838 06/30/2023 O'Dell Engineering Regular 16,081.25
239839 06/30/2023 OSE Regular 35.85
239840 06/30/2023 O'Reilly Auto Parts Regular 3,343.44
239841 06/30/2023 Outdoor Creations, Inc .. Regular 2,316.38 239842 06/30/2023 Outfront Media Inc. Regular 6,000.00
239843 06/30/2023 Pace Supply Corp. Regular 2,383.39
239844 06/30/2023 Provost and Pritchard Engineering, Inc. Regular 5,911.70 239845 06/30/2023 Purchase Power Inc Regular 3,045.00
239846 06/30/2023 Protech Security & Electronics, Inc. Regular 197.50 239847 06/30/2023 Quad Knopf, Inc. Regular 3,311.00
239848 06/30/2023 Randik Paper Co Regular 1,436.95
239849 06/30/2023 RAT Incorporated Regular 265.00
239850 06/30/2023 REVP AR International, Inc. Regular 29,200.00 239851 06/30/2023 Ronny's Inc. Regular 10,149.69
239852 06/30/2023 DyAnnaRose Regular 600.00
239853 06/30/2023 Save Mart Supermarkets Regular 163.88 239854 06/30/2023 SHI International Corp Regular 24.71
239855 06/30/2023 Todd Silva Regular 190.00
239856 06/30/2023 Frank Silveria Regular 1,080.00
239857 06/30/2023 Sorensens True Value Regular 213.59
239858 06/30/2023 Superior Pool Products, LLC Regular 1,321.45 239859 06/30/2023 Swinerton Builders Regular 2,045,404.55 239860 06/30/2023 Tap Master, Inc. Regular 16,495.00
239861 06/30/2023 Tractor Supply Credit Plan Regular 298.91 239862 06/30/2023 Triangle Rock Products Regular 28,808.81 239863 06/30/2023 US Bank Corp Pymt System Regular 41,417.80 239864 06/30/2023 Jose Perez Castillo Regular 131.32
239865 06/30/2023 Manuel D. Vaz Regular 263.35
239866 06/30/2023 Victor Stanley Regular 19,238.88
239867 06/30/2023 Verizon Wireless Regular 418.11
239868 06/30/2023 Verity Sanitation Supply, LLC Regular 213.15 239869 06/30/2023 VFW & American Legion Regular 90.00
239870 06/30/2023 Westside Water Conditioning Regular 1,285.97 6 239871 06/30/2023 Windecker Inc Regular 4,447.66
239872 06/30/2023 Eric Welker Regular 600.00
239873 06/30/2023 Young's Air Conditioning Regular 198.00 239874 06/30/2023 Marie Bernal Regular 26.63
239875 06/30/2023 Blossom Valley Realty, JR Souza Regular 173.83 239876 06/30/2023 Nicolas Canastuj Regular 26.63
239877 06/30/2023 Kershaw Construction Regular 117.46
239878 06/30/2023 Meritage Homes Regular I 81.81
239879 06/30/2023 Meritage Homes Regular 170.75
239880 06/30/2023 MHP Builders Inc Regular 181.02
239881 06/30/2023 Zeferino Ramirez Regular 58.25
239882 06/30/2023 Rimazara Reyes Regular 69.16
239883 06/30/2023 Maximino Rosales Regular 124.76
239884 06/30
/2023 Dorian Salazar Vega Regular 26.63
239885 06/30/2023 Jynnette Sousa-Melo Regular 173.83
239886 07
/03/2023 Aflac-Customer Service Regular 270.18
239887 07/03/2023 AFSCME District Council 57 Regular 1,674.71 239888 07/03/2023 Empower Annuity Ins. Co of America Regular 1,990 .00
239889 07/03/2023 Empower Annuity Ins. Co of America Regular 1,247 .04
239890 07/03/2023 Los Banos Police Assn Regular 840.00
239891 07/03/2023 Los Banos Police Assn. Regular 280.00 239892 07
/03/2023 Merced County Sheriff Regular 200.00
239893 07/03/2023 MissionSquare Regular 441.65
239894 07/03/2023 MissionSquare Regular 7,125
.00
239895 07/03/2023 Nationwide Retirement Solutions Regular 5,448.33 239896 07
/03/2023 Professional Fire Fighter of Los Banos Local 4703 Regular 900 .00
239897 07
/03/2023 State Disbursement Unit Regular 912.50
239898 07/07/2023 AAA Business Supplies Regular 463.94
239899 07/07/2023 Ad Art, Inc. Regular 34,909
.00
239900 07/07/2023 Kasey Alim Regular 47.50
239901 07
/07/2023 Animal Damage Management, Inc. Regular 4,295.00 239904 07/07/2023 Anthony Gomes Regular 2,723.00
239905 07/07/2023 Aramark Uniform Ser Inc Regular 82.64 239906 07/07/2023 B Safe Playground Inspeqtion Services, Inc. Regular 1,050.00 239907 07/07/2023 BJ's Consumers Choice Pest Control Inc. Regular 125.00 239908 07/07/2023 Sara Blevins Regular 355
.00
239909 07/07/2023 Bob Barker Company Inc. Regular 56.74 239910 07/07/2023 Steven Baughman Regular 60.00
239911 07/07
/2023 Calwen Inc. Regular 2,605.53
239912 07/07/2023 Capital One Regular 319.74
239913 07
/07/2023 CSNRMA Regular 9,806
.00
239914 07/07/2023 Copy Shipping Solutions Regular 54.38 239915 07/07/2023 LN Curtis & Sons Regular 3,963.13
239916 07/07/2023 Custom Locksmith & Alarm Inc. Regular 98.21 239917 07/07/2023 Docs Towing & Transport, Inc. Regular 337.50 239918 07
/07/2023 Dos Palos Publishing Company Regular 70
.00
239919 07/07/2023 Employee Relations, Inc. Regular 50.00 239920 07/07/2023 Federal Express Corporation Regular 6.82 239921 07/07
/2023 Food4 Less Regular 453.74
239922 07/07/2023 Crystal Frausto Regular 600.00
239923 07/07/2023 Galls Inc Regular
1,228.29
239924 07/07/2023 Government Finance Officers Association Regular 250.00 239925 07/07/2023 Govemmentjobs.com, Inc. Regular 12,161.46 239926 07/07/2023 Govlnvest, Inc. Regular 9,000.00
239927 07/07/2023 Victoria Gonzalez Regular 500.00
7 239928 07/07/2023 Halcyon Creek Inc. Regular 110.00
239929 07/07/2023 Helena Chemical Co Inc Regular 2,156.52 239930 07/07/2023 Kirby Built Products, Inc. Regular 7,678.76 239931 07/07/2023 Brent Kuhn Regular 29,751.00
239932 07/07/2023 Kully Supply, Inc. Regular 43.90
239933 07/07/2023 LC Action Police Supply, LTD Regular 152.25 239934 07/07/2023 Liebert Cassidy Whitmore Regular 3,560.00 239935 07/07/2023 Los Banos Regular 350.00
239936 07/07/2023 Mark Thomas & company. Inc. Regular 976.38 239937 07/07/2023 McElvany Inc Regular 27,600.00
239938 07/07/2023 Miracle Playsystems, Inc. Regular 14,740.04 239939 07/07/2023 Gerald "Obie" O'Brien Regular 77.14
239940 07/07/2023 OSE Regular 1,105.99
239941 07/07/2023 O'Reilly Auto Parts Regular 37.03
239942 07/07/2023 Outdoor Creations, Inc .. Regular 4,437.00 239943 07/07/2023 PG&E Company Regular 10,746.55
239944 07/07/2023 Pacific Landscape Supply, Inc. Regular 12,610.20 239945 07/07/2023 Protech Security & Electronics, Inc. Regular 234.00 239946 07/07/2023 Randik Paper Co Regular 294.33
239947 07/07/2023 RAT Incorporated Regular 530.00
239948 07/07/2023 Hector Silva Regular 1,350.00
239949 07/07/2023 Sorensens True Value Regular 695.79
239950 07/07/2023 Sorensens True Value Regular 218.44
239951 07/07/2023 Technicon Engineering Services, Inc. Regular 1,499.50 239952 07/07/2023 TeamCalifomia Economic Development Corp. Regular 2,500.00 239953 07/07/2023 The Ed Jones Company Regular 10,270.99 239954 07/07/2023 Samantha Alison Tova Regular 282.50
239955 07/07/2023 Turlock Spay Neuter Clinic LLC Regular 250.00 239956 07/07/2023 Law Offices of William A Vaughn Regular 12,600.00 239957 07/07/2023 Victory Tactical Gear, LLC Regular 2,367.00 239958 07/07/2023 VFW & American Legion Regular 60.00
239959 07/07/2023 Ana Vazquez Regular 600.00
239960 07/07/2023 Westside Water Conditioning Regular 86.55 239961 07/07/2023 Western Valley Insurance Regular 10,940.00 239962 07/07/2023 Windecker Inc Regular 3,191.89
239963 07/07/2023 Young's Air Conditioning Regular 827.00 Break in check sequence due to the following: Payment Type Payment Check #239561 - #239771 (Payroll) Regular Checks 191 2,805,229.35 Check #239902 - #239903 (Manual Void) Manual Checks 0 0.00 Voided Checks 0 0.00
191 2,805,229.35
8 CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
JUNE 7, 2023
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.
CALL TO ORDER: Mayor Llanez called the City Council Meeting to order at the hour of 6:01 p.m.
PLEDGE OF ALLEGIANCE: Police Chief Brizzee led the pledge of allegiance.
ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Doug Begonia, Brett Jones, Kenneth Lambert, Deborah Lewis, Mayor Paul Llanez; ABSENT:
None.
STAFF MEMBERS PRESENT: City Manager Pinheiro, City Attorney Vaughn, Police Chief Brizzee, City Clerk/Human Resources Director Mallonee, Fire Chief Tualla, Community & Economic Development Director Souza Elms, Public Works Director/City Engineer Than, Interim Finance Director Kuhn
CONSIDERATION OF APPROVAL OF AGENDA: Motion by Jones, seconded by Lambert to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present.
PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL
MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Mayor Llanez opened the public forum and asked those at the meeting if they would like to speak: AMY, stated that she is seeking information and transparency for license plate readers (ALPR) and the data collected and how she feels it is an invasion of privacy, how it jeopardizes the poor and people of color, how agencies share information, she is asking if the Los Banos Police Department has shared their data collection without permission and how the information is retained; AMY AVILA, spoke about the homeless behind Pfitzer Way and how she is not happy with the responses she is getting that it will take time, it has gotten pretty bad since the last time she was here to speak of her concerns, there was a homeless man sleeping on her porch, she calls the police, fires on the walking trail , can we can find a place where it will not bother a neighborhood, handed out pictures of what it looks like behind her house, how something needs to be done, how she has been told that the homeless are being directed by the City Manager to come to the rail trail, why is that our neighborhood has to bear the brunt of this, concerns with drug deals, prostitutes, this is not going to stop is it going to get worse and not fair to put in in our neighborhood, how ITEM 6B
9 she feels much more attention needs to be put into this; KATHERINE UHLEY, spoke regarding the development of an animal development advisory committee and hopes to see it on a future agenda, how the budget is being considered soon and hopes to see funding for the animal shelter for additional staffing and services and a medical director, last meeting had mentioned the lack of emergency services in town, concerns with feral cats and kittens, how she has learned over the years how to care for animals, the need for spay and neuter service, spoke to the landscape and lighting district increases and the hard white lights and how it is harmful and encouraged the city to look into changing the light temperature to a warmer hue; MARIBEL GARCIA, Los Banos Downtown Association, spoke regarding the upcoming events, i.e. firework booth and the upcoming PBID presentation to City Council on June 21, 2023; UNNAMED PERSON, spoke regarding concerns with foxtails around town, where is code enforcement with all this, it cannot continue and needs to be taken care of, the rail trail situation with the homeless and she has so much sympathy for those people living in that environment.and she approves the animal advisory committee and would like to see an increase in the budget for the animal shelter, how there was a social media post regarding a dog that was recently left behind who had just had puppies and her concerns for that; LEVI FASTORI spoke regarding the stray animal problem, the animal shelter as it stands no longer meets the needs of the community, not here to point fingers and thinks the staff does a great job with the resources they have, code enforcement does not have the capacity necessary to bring the animal shelter to where is needs to be, need for the animal advisory committee and how an email was sent to the City Council regarding the formation of the committee; ELAINE COREY, spoke regarding her concerns regarding 518 I Street and how she objects to the platform being built on public property and does not agree with the city giving them 4 feet of sidewalk and leaves just a small portion for the public to walk on, wonder where the city planner and engineer were at on this and how did this get approved, the slope is too steep and not ADA compliant, outdoor dining was meant to be temporary during COVID, how this is short-sided to pin your hopes on one type of business, you need to pay for the mistake and pay for the cost to install it and remove it; ROY TODD, Los Banos Chamber of Commerce, spoke regarding how things are going with the Los Banos Chamber of Commerce, they have 215 members in good standing, spoke regarding the new members, ribbon cuttings, mixers, how June 19th is a holiday, upcoming car show, July 8 Tomato Festival, has he has shown Council Member Lambert their new website and would like to have someone pull it up on the screen so that he can talk about it and the many hours put into improving it, and thanked the City for all their support; BLANCHE JORGE, spoke regarding the Los Banos Elks community blood drive on June 17, 2023, how they are working with the VFW for a fireworks event to watch them there at their buildings, how they rent out their building for events, spoke regarding the Mother's Day event, the upcoming events on October 28, 2023 is the 5th Annual Halloween Pet Costume contest, and on October 11, 2023 the Friends of the Library are having a thank you event. Mayor Llanez asked the City Clerk if she had received any comments to be read into the record. City Clerk Mallonee stated she received the following three (3) comments that are on file with the City Clerk's office: GREG WELLMAN wrote regarding his interim service as City Manager with Los Banos and how he has had no contact with the current City Manager; KA THY BALLARD wrote regarding her concerns with the mobile vendor ordinance not being enforced; LEVI FISTORI, which were spoke in person earlier during the public form. No one else came forward to speak and the public forum was closed.
10 CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis stated that she would like to pull item 6H - City Council Resolution No. 6646 - Approving the Road Maintenance and Rehabilitation Account Proposed Project List for Fiscal year 2023-2024 for discussion.
City Council Resolution No. 6646 - Approving the Road Maintenance and Rehabilitation Account Proposed Proiect List for Fiscal year 2023-2024. Council Member Lewis inquired as to the date of the report and had concerns about Birch Avenue and how it is on the list for just crack seal and hope there will be another list to include more streets for improvements; for which Public Works Director/City Engineer Than responded to explaining the list that is part of the 5 year pavement plan, noting that Birch Avenue is included as a full rehabilitation, and how City Council has approved an agreement to do a Pavement Survey that will be presented to City Council at a near future meeting.
Motion by Lewis, seconded by Lambert to approve the consent agenda as follows: Check Register for #238844 - #239163 in the Amount of $3,010,255.14; Minutes for the May 17, 2023 City Council Meeting; Los Banos Police Department Annual Military Equipment Use Report for May 18, 2022 - June 7, 2023; City Council Resolution No. 6642 - Authorizing the City Manager to Execute a Memorandum of Understanding between the City of Los Banos and Los Banos Unified School District for the Public Use of the 7th Street Basketball Facilities; City Council Resolution No. 6643 - Authorizing the City Manager to Sign a Memorandum of Understanding with the Los Banos Unified School District for School Resource Officer Services for the 2024-2026 Fiscal Years; City Council Resolution No. 6644 - Awarding Contracts for Publication Legal Notices/Legal Advertisements for Fiscal Year Ending June 30, 2024 and Authorizing and Directing the City Manager to Execute Agreement(s) with the Merced Sun Star and Westside Express; City Council Resolution No. 6645 - Approving the Annual Local Transportation Fund (L TF) Claim to be Filed with the Merced County Association of Governments (MCAG) for Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA) Swap in the Amount of $195,930.00; City Council Resolution No. 6646 -Approving the Road Maintenance and Rehabilitation Account Proposed Project List for Fiscal year 2023-2024; City Council Resolution No. 6647 - Accepting the Community Center Parking Lot Improvements Project as Complete and Authorizing the Filing of a Notice of Completion with the Merced County Recorder; City Council Resolution No. 6648 - Authorizing Award of Construction Contract to United Pavement Maintenance, Inc. in the Amount of $2,041,755.44 with a 10% Contingency in the amount of $204,175.00 for 2023 Street Rehabilitations Project.
The motion carried by the affirmative action of all Council Members present.
Council Member Lambert stated that he is recusing himself from the next item and left his seat at the dais and the City Council Chambers. City Attorney Vaughn explained why Council Member Lambert was recusing himself due to his own personal business' close proximity.
PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF A
CATEGORICAL EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND CONDITIONAL USE PERMIT #2022-10 TO ALLOW THE USE OF TYPE 47 ALCOHOL LICENSE FOR THE ON-SALE OF GENERAL ALCOHOL IN 11 CONJUNCTION WITH A BONA-FIDE EATING ESTABLISHMENT FOR BLUE AGAVE BAR & GRILL LOCATED WITHIN THE MIXED-USE ZONING DISTRICT AT 509 I STREET, ASSESSOR'S PARCEL NUMBER 025-241-003; CITY COUNCIL RESOLUTION NO. 6649 - FINDING THE PROPOSED PROJECT TO BE
CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15301 , EXISTING FACILITIES AND APPROVING CONDITIONAL USE PERMIT #2022-10 TO ALLOW FOR THE ON-SALE OF GENERAL ALCOHOL UNDER A TYPE 47 ALCOHOL LICENSE AT 5091 STREET, MORE SPECIFICALLY IDENTIFIED AS ASSESSOR'S PARCEL NUMBER 025-241- 003. Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation.
Mr. DeLaTorre spoke regarding their new business, the request before City Council tonight, and thanked the City Council for their consideration.
There was Council Member and staff discussion regarding if the business was going to have a makeover or any improvements being made.
Mayor Llanez opened the public hearing. BLANCHE JORGE, as a downtown neighbor we welcome you, happy to see the cameras are being installed and encourage HD cameras. No one else came forward to speak and the public hearing was closed.
Motion by Jones, second by Begonia to adopt City Council Resolution No. 6649 - Finding the Proposed Project to be Categorically Exempt from the California Environmental Quality Act (CEQA) Pursuant to Section 15301, Existing Facilities and Approving Conditional Use Permit #2022-10 to Allow for the On-sale of General Alcohol Under a Type 47 Alcohol License at 509 I Street, More Specifically Identified as Assessor's Parcel Number 025-241-003. The motion carried by the affirmative action of all Council Members present.
Council Member Lambert returned to the Council Chambers and his seat at the dais.
PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF THE LEVY OF THE PROPOSED ANNUAL ASSESSMENT FOR THE 2023-2024 FISCAL YEAR FOR LANDSCAPING AND LIGHTING DISTRICT NOS. 1-7 AND 9-19:
CITY COUNCIL RESOLUTION NO. 6650 - CONFIRMING DIAGRAM, ASSESSMENT
AND LEVYING ASSESSMENTS FOR LANDSCAPING AND LIGHTING DISTRICT NOS. 1-7 AND 9-19 FOR THE 2023-2024 FISCAL YEAR. Public Works Director/City Engineer Than presented the staff report, which included a PowerPoint presentation.
Mayor Llanez opened the public hearing. No one came forward to speak and the public hearing was closed.
Motion by Jones, seconded by Begonia to adopt City Council Resolution No. 6650 - Confirming Diagram, Assessment and Levying Assessments for Landscaping and Lighting District Nos. 1-7 and 9-19 for the 2023-2024 Fiscal Year. The motion carried by the affirmative action of all Council Members present.
12 CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6640 -
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH RONNYS INC. TO PROVIDE LANDSCAPE MAINTENANCE SERVICES FOR THE CITY OF LOS BANOS. Public Works Director/City Engineer Than introduced Parks & Recreation Operations Manager Heim who presented the staff report, which included a PowerPoint presentation.
There was Council Member and staff discussion regarding the number 1 complaint being about the grass mowing and the mulch that is left behind and the inspection process.
Motion by Begonia, seconded by Jones to adopt City Council Resolution No. 6640 - Authorizing the City Manager to Execute a Contract with Ronnys Inc. to Provide Landscape Maintenance Services for the City of Los Banos. The motion carried by the affirmative action of all Council Members present.
PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF THE APPROPRIATION LIMITATION FOR THE 2023-2024 FISCAL YEAR (FY). (To be continued to June 21 , 2023) Interim Finance Director Kuhn stated that they would like to continue this public hearing item to the June 21, 2023 City Council Meeting as there is still a little more work that needs to be done of finalizing the budget.
Mayor opened the public hearing, no one came forward to speak.
Council Member Lewis stated that it has been historical that the City Council has a workshop so that we can see what is being proposed, if we have any questions, or request certain things be included in the budget, and inquired as to why is this is not happening.
Interim Finance Director Kuhn responded by explaining that this item is not in regards to the budget, that is the next item.
Motion by Jones, seconded by Lambert to continue this item and the Public Hearing to June 21, 2023. The motion carried by the affirmative action of all Council Members present.
PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF THE 2023-2024 FISCAL YEAR (FY) BUDGET. (To be continued to June 21 , 2023) Interim Finance Director stated that his item is also being continued to June 21, 2023 due to the fact that we needed a little extra time to finalizing the budget.
Mayor opened the public hearing, no one came forward to speak.
Council Member Lewis stated that we generally have a special meeting to discuss the budget and wonders what happened with this. Interim Finance Director Kuhn stated that he will present a presentation that is fairly involved and looking at highlighting these items during the public forum, felt that the workshop would be redundant, most items are structural and carry over items, and it made most sense to present during the public hearing. Council Member Lewis stated that we get the budget on Friday and only a few days to review, how the workshop was for the public to get a better understanding and for City Council to have time to ask questions, the budget workshop was for a purpose, 13 we have really shortened the time for the council to review without knowing what will be in it, comparing it to prior year's budget process. Interim Finance Director Kuhn's goal will be to dazzle and clarify during his presentation and there will be time before hand to ask questions; workshops have been important in years past but this year's budget is just a continuation of last years, not much changing. Mayor Llanez stated that he is new to this whole thing and encouraged staff to take as much time as you need to get the budget done.
Motion by Jones, seconded by Lambert to continue this item and the Public Hearing to June 21, 2023. The motion carried by the affirmative action of all Council Members present, Lewis voting No.
ADVISEMENT OF PUBLIC NOTICES. (No Reports). No report
CITY MANAGER REPORT. No report
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). Mayor Llanez spoke regarding PCE and how he is not happy with the amount that we are paying and after doing some research he feels that we are off on the discount that it should be, there is a residual amount of money that could come back to our community and he is working on that; MCAG has an upcoming meeting that he will report on after that is held.
CITY COUNCIL MEMBER REPORTS
BRETT JONES: No report
DEBORAH LEWIS: Acknowledged the residents who have come forward with animal shelter concerns, how she had a friend come to her that lives out in the county area and how animals are being left out there, she stressed how important education is in the community, spoke to the cost of feeding and caring for animals, abiding to the rules and doesn't see that happening in Los Banos and welcomes a change too and getting the citizens committee started.
KENNETH LAMBERT: Stated that he hopes to see everyone out here at our next meeting when we discuss our budget.
DOUGLAS BEGONIA, JR.: No report
PAUL LLANEZ: Stated that the things that people come to me relating to the budget he passes along the messages, how the City Manager has brought forward for us to spend $2.4 million on streets, agreement to use basketball courts on 7th Street, repaving the Community Center parking lot, and Los Banos Police Department SRO agreement, thanked our staff for putting these things forward, how he recently attend the San Joaquin Veterans and the VFW Veterans Day events, attended a meeting today with 14 Congressman John Duarte to talk about issues that communities are dealing with and feels fortunate for what we have in Los Banos, how he got a call regarding the homeless by Pftizer Way and he walked the whole trail and it's not perfect, but we are doing the best we can with what we have.
ADJOURNMENT. Motion by Lambert, seconded by 7:19 PM, the meeting was adjourned at 7:19 p.m. The motion carried by the affirmative action of all Council Members present.
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
15 THIS PAGE IS INTENTIONALLY LEFT BLANK
16 CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
JUNE 21, 2023
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.
CALL TO ORDER: Mayor Llanez called the City Council Meeting to order at the hour of 6:02 p.m.
PLEDGE OF ALLEGIANCE: Police Commander Melden led the pledge of allegiance.
ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Doug Begonia, Brett Jones, Kenneth Lambert, Deborah Lewis, Mayor Paul Llanez; ABSENT:
None.
STAFF MEMBERS PRESENT: City Manager Pinheiro, City Attorney Vaughn, Police Commander Melden, City Clerk/Human Resources Director Mallonee, City Treasurer Lawrence, Fire Chief Tualla, Community & Economic Development Director Souza Elms, Public Works Director/City Engineer Than, Interim Finance Director Kuhn CONSIDERATION OF APPROVAL OF AGENDA: Motion by Jones, seconded by Lambert to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present.
PRESENTATIONS: CERTIFICATE OF RECOGNITION - DUTCH BROS DONATION; CERTIFICATE OF RECOGNITION -ARCO AM/PM - RECYCLER OF THE YEAR 2022; CERTIFICATE OF RECOGNITION - EMPLOYEE OF THE MONTH FOR MAY 2023 - CHRISTY MCCAMMOND, HOUSING PROGRAM MANAGER. Mayor Llanez presented and read the Certificates of Recognition, for which Roy Todd with ARCO AM/PM was in attendance to accept.
PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL
MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY: INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Mayor Llanez opened the public forum and asked those at the meeting if they would like to speak: UNANAMED PERSON spoke on behalf of the Los Banos Chamber of Commerce and reported on their new members, Dads Day Out event and thanked the sponsors and those that attended, the June 29, 2013 at Mission de Oro Chamber Mixer, July 8, 2023 Tomato Festival, July mixer partnering with Los Banos Downtown Association at Coldwell Banker Real Estate, how they are working with Merced County on workshops and lunch & learns for businesses, promoting an HR Hotline that helps with HR questions, the office has grocery ITEM 6C
17 grab tickets; RACHELLE CUIFFO, representing the Los Banos Fire Department, invited all to visit the Los Banos Dutch Bros for a fundraiser on June 23, 2023 for the Fire Department; UNNAMED PERSON, spoke regarding the animal shelter and how it has a 93% save rate and how the City of Los Banos has been blessed by having people help out at the animal shelter, spoke regarding the kill rate for dogs, cat saves, how a handful a people have been instrumental in saving animals at the shelter, like Nancy Klein & Levi Pastori are experienced animal rescue organizers, she asked tha that City Council provide funding for the animal shelter and please add a line in this years budget to compensate those who have been helping out; Christian Santos, Congressman John Duarte representative, spoke regarding what he is working on in Washington, D.C., like Dignity Act and status, American Dream & Promise Act, Transportation Construction Committee, Forest Service regulations; RHONDA LOWE, reminded all about the Small Business Development Center and spoke to the services they provide to businesses in Los Banos at no cost to them, the value of collaboration with the City of Los Banos, excited to be brining back out start up workshops in Los Banos with the first workshop being held on July 29, 2023 at the Los Banos Community Center; KA THY UH LEY, stated that last Thursday I sent a request for an item to be on the agenda regarding a Animal Advisory Commission, referencing all the other commissions that the city has and the compelling reasons for establishing an animal advisory commission, she hopes to see it very soon on the agenda, and spoke to the awesome work Levi and Nancy do; SANDRA NAVARRO, spoke regarding her work at the animal shelter and the need for volunteers, she also has concerns with homeless encampments on the rail trail and how they can not walk in peace, and what Mr. Faria did when he was Mayor by bringing a big trailer with showers and bathrooms for the homeless and hopes this can happen again, she has been on both sides the helper and the victim and how Mr. Villalta and Faria addressed her concerns, how the current encampment is affecting all the businesses and residents there, this no longer a homeless issue it is people that are lawless and have taken advantage of the laws that have been passed, it is affecting our whole neighborhood and she can't sleep at night, it needs to be fixed; UNNNAMED PERSON, spoke regarding her business and how carpet has been stolen, what the homeless are doing is not okay, this is a continuing problem and a serious problem and she has grave concern to address the encampment across the way; KA THY BALLARD, wanted to bring up that Measure H and how it has only had two meetings and would like to see a meeting soon; UNNAMED PERSON, spoke regarding the homeless burning down her fence, poisoned one of her dogs, as a concerned citizen she feels that her safety is in jeopardy, she encountered an addict who came to her door to get his drum that he said was in her backyard, it wasn't a drum in was a drone that was in my backyard, how she has left messages for Police Chief Brizzee, Sergeant Mendez, and Christy and no return call, how they take showers in my yard, the Fire Department is constantly out there, does she need to seek a public records request for the Police, Fire and Public Works Departments info on the calls that have come in, something has to been done, she is nervous and scared around the homeless, homeless told her that they were told to move to the locations they are at, you need to find a location for them, it's disgusting; NANCY KLEIN, there has been a lot of forward progress for the animal shelter, she has been doing rescue work at the Los Banos Shelter for 2 years, her experience and knowledge is pretty deep, she voiced her support again for the animal commission/committee and how she has brought it up numerous times over the years, it is an important group to put together, the $1 million is a good start and feels they should also focus on vet services, importance of the outside of the building and 18 the operation and the culture at the shelter, staff has been very supportive, how Council should consider a position at the shelter that is a program coordinator for grant and outreach opportunities, looks forward to the continued progress being made; MIKE NEU, Pastor for St. John's Lutheran Church, spoke regarding Sierra Lane and how 2 homes are being built over the past 2 years with open channels and how the City is trying to get them to complete the paving, thanked Public Works Director/City Engineer Than and City Manager Pinheiro for writing letters and how city workers have filled it in and it is better, he doesn't know what the process is for the Planning Department and looking at how this house was developed and how it was done backwards; UNNAMED PERSON, spoke regarding the upcoming 4th of July events and all that will be happening that day, thanked the sponsors and additional sponsors would be appreciated; UNNAMED PERSON, spoke regarding a few items that he feels are important, this year the budget workshop was banned and he spoke to the history of budget workshops, stated that this budget creates new highly paid positions with no justification, we need to use this money to fund line staff like out at the animal shelter, this is all money being spent in light that we are one of the poorest in the area, last year we had a budget workshop as it is good governance and oversight, spoke to the Council's wasteful decision to hire the current city manager and speaking to his concerns and read an email from and Insurance Agency regarding not supporting the payment settlement that was requested, how Council is making decisions inside a vacuum and to please take some time to understand your roles and ask for proper information and guidance. Mayor Llanez asked the City Clerk if she had received any comments and City Clerk Mallonee stated she received the following comments that are on file with the City Clerk: BEA SZKOP, MELISSA LAUSEN, JENNIFER ZHOU,
SHARON UNGERFELD, KAY BLOM, KEITH BLOM, VALERIE HATFIELD, ANGELA
CURTIS, LISA CHAVEZ, PETER KEHOE, ALYSSA HOMEN, CHRISTINE JARGICK,
PETER DE FEIJTER, JENNIFER FLICK, RACHEL WATSKY, ANONYMOUS, ALYSSA BRODIN wrote in support of additional budget fund and help for the animal shelter, the services they provide, and an Animal Advisory Board. No one else came forward to speak and the public forum was closed.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Mayor Llanez stated that he would like to pull item 7C - City Council Resolution No. 6651 -Amending the Policy Regarding Waiver or Partial Waiver of Departmental Service Charges Relative to Special Events to Include the Fourth of July as an Exempt Event form the consent agenda for separate vote and consideration. Council Member Lewis stated that she would like to pull items 7D - City Council Resolution No. 6652 - Authorizing the City Manager to Execute Professional Services Agreements, and the Public works Director/City Engineer to Administer Professional Services Agreements with Ronnys Inc., West Coast Arborists, and A Plus Tree, LLC for On-Call Tree Maintenance Services and ?F - City Council Resolution No. 6654 - Authorizing the City Manager to Execute a Memorandum of Understanding with Shangri-La Industries LLC and Step Up on Second Street, Inc for the Development, Property Management, Case Management, and Supportive Services for Homekey Program Located at 2169 E. Pacheco Boulevard for presentation.
City Council Resolution No. 6652 -Authorizing the City Manager to Execute Professional Services Agreements, and the Public works Director/City Engineer to Administer Professional Services Agreements with Ronnys Inc., West Coast Arborists, and A Plus 19 Tree, LLC for On-Call Tree Maintenance Services. Public Works Director/City Engineer Than presented the staff report.
City Council Resolution No. 6654 - Authorizing the City Manager to Execute a Memorandum of Understanding with Shangri-La Industries LLC and Step Up on Second Street, Inc for the Development, Property Management, Case Management. and Supportive Services for Homekey Program Located at 2169 E. Pacheco Boulevard.
Community & Economic Development Director Souza Elms presented the staff report.
Motion by Jones, seconded by Lambert to approve the consent agenda with the removal of item 7C - City Council Resolution No. 6651 - Amending the Policy Regarding Waiver or Partial Waiver of Departmental Service Charges Relative to Special Events to Include the Fourth of July as an Exempt Event, as follows: Check Register for #239164 -#239347 in the Amount of $1,155,889.84; Measure P Oversight Committee Report; City Council Resolution No. 6651 Amending the Policy Regarding VVaiver or Partial \'Vaiver of Departmental Service Charges Relative to Special Events to Include the Fourth of July as an Exempt Event; City Council Resolution No. 6652 - Authorizing the City Manager to Execute Professional Services Agreements, and the Public works Director/City Engineer to Administer Professional Services Agreements with Ronnys Inc., West Coast Arborists, and A Plus Tree, LLC for On-Call Tree Maintenance Services; City Council Resolution No. 6653 - Approving the Project Reimbursement Agreement for Traffic Improvements between the City of Los Banos and the Los Banos Unified School district for the Intersection Improvements at Place Road and East B Street in the Amount of $1,061,705.97; City Council Resolution No. 6654 - Authorizing the City Manager to Execute a Memorandum of Understanding with Shangri-La Industries LLC and Step Up on Second Street, Inc for the Development, Property Management, Case Management, and Supportive Services for Homekey Program Located at 2169 E. Pacheco Boulevard.
The motion carried by the affirmative action of all Council Members present.
Council Member Lambert recused himself from item 7C - City Council Resolution No. 6651 -Amending the Policy Regarding Waiver or Partial Waiver of Departmental Service Charges Relative to Special Events to Include the Fourth of July as an Exempt Event and item 8- Los Banos Downtown Property and Business Improvement District (LBDPBID) Annual Report and left his seat at the dais and the Council Chambers.
City Council Resolution No. 6651 - Amending the Policy Regarding Waiver or Partial Waiver of Departmental Service Charges Relative to Special Events to Include the Fourth of July as an Exempt Event. Motion by Begonia, seconded by Jones to adopt City Council Resolution No. 6651 - Amending the Policy Regarding Waiver or Partial Waiver of Departmental Service Charges Relative to Special Events to Include the Fourth of July as an Exempt Event. The motion carried by the affirmative action of all Council Members present, Lambert absent.
City Attorney Vaughn recused himself from the next item and left his seat at the dais and the Council Chambers.
LOS BANOS DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT (LBDPBID) ANNUAL REPORT. Community & Economic Development Director Souza 20 Elms presented the staff report, introducing Carson Lambert, Vice President of Civitas on behalf of Maribel Garcia, Executive Director of the Los Banos Downtown Association, who presented and provide more detail, which included a PowerPoint presentation.
Council Member Lewis spoke to their accomplishments, if the security system been purchased for which Taylor Wolfsen came forward and stated that the system has been purchased but not yet installed and explained. Council Member Lewis inquired as to who will monitor the camera views and if the Los Banos Police Department would have access to the footage, for which Mr. Wolfsen explained, noting that the cameras would be installed sometime this year.
Motion by Jones, seconded by Begonia to approve the Los Banos Downtown Property and business Improvement District Annual Report as submitted. The motion carried by the affirmative action of all Council Members present, Lambert absent.
City Attorney Vaughn and Council Member Lambert returned to the Council Chambers and their seats at the dais.
CONSIDERATION OF ELECTION TO BECOME SUCCESSOR AGENCY TO THE LOS BANOS REDEVELOPMENT AGENCY: CITY COUNCIL RESOLUTION NO. 6655 -
ELECTING TO SERVE AS THE SUCCESSOR AGENCY OF THE REDEVELOPMENT
AGENCY OF THE CITY OF LOS BANOS PURSUANT TO HEAL TH AND SAFETY CODE SECTION 34173. Interim Finance Director presented the staff report, which included a PowerPoint presentation.
Motion by Jones, seconded by Begonia to adopt City Council Resolution No. 6655 - Electing to Serve as the Successor Agency of the Redevelopment Agency of the City of Los Banos Pursuant to Health and Safety Code Section 34173. The motion carried by the affirmative action of all Council Members present.
PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF THE APPROPRIATION LIMITATION FOR THE 2023-2024 FISCAL YEAR (FY), (CONTINUED FROM JUNE 7. 2023). CITY COUNCIL RESOLUTION NO. 6656 -
SETTING THE TAX RELATED APPROPRIATION LIMIT IN COMPLIANCE WITH PROPOSITION 4 AND PROPOSITION 111 FOR THE 2023-2024 FY. Interim Finance Director Kuhn presented the staff report.
Mayor Llanez opened the public hearing. No one came forward to speak and the public hearing was closed.
Motion by Jones, seconded by Lambert to approve City Council Resolution No. 6656 - Setting the Tax Related Appropriation Limit in Compliance with Proposition 4 and Proposition 111 for the 2023-2024 FY. The motion carried by the affirmative action of all Council Members present.
PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF THE 2023-2024 FISCAL YEAR (FY) BUDGET, (CONTINUED FROM JUNE 7, 2023), CITY COUNCIL RESOLUTION NO. 6657 - ADOPTING THE 2023-2024 FY BUDGET, 21 INCLUDING UPDATES TO DIVISION 4, EMPLOYEE SALARY SCHEDULE AND DIVISION 1, GENERAL OF THE LOS BANOS POLICY & PROCEDURES MANUAL.
Interim Finance Director Kuhn presented the staff report, which included a PowerPoint presentation.
Mayor Llanez opened the public hearing. UNNAMED PERSON, stated that she is not able to find line items related to the animal shelter and inquired as to what is the proposed monies for the animal shelter and wanted an explanation which was given and then inquired as to the two new shelter attendant positions being full time; KA THY BALLARD, inquired as to if the Animal Attendant positions will be able to medically help the animals, concerns with the City looking at a deficit of $2.2 million and she is worried about hiring so many new positions, feels the City is so top heavy, we are a city that should be tightening their belts and worried about a recession, feels that we are building on something that might be not be sustained for which Interim Finance Director Kuhn explained the reasoning behind the budget expenditures and revenues, sales tax numbers and how it is a very conservative budget; KA THY BALLARD had concerns too that a ladder truck for the Fire Department was not budgeted for and heard how all the old AC units at City Hall were being replaced and she didn't see that in the budget for which Interim Finance Director Kuhn stated that those were paid out of ARPA funds and done in the current budget not he proposed; KATHY BALLARD stated that she feels that there should have been a workshop for which Interim Finance Director Kuhn stated that this budget is routine in nature and all new items have been highlighted during the presentation; UNNAMED PERSON, wanted to clarify the $1 million for the animal shelter has been in the city's funds for a while now, has one been chosen, when it will be built and if she can have a breakdown of what he project will cost for which Public Works Director/City Engineer Than explained the module building they are looking at expanding with and this is about 12 months out; UNNAMED PERSON, inquired as to why animal/spay and neuter fees have been reduced considerably, grant funding restrictions, $20,000 for vet services, animal commission committee being very valuable and suggested having a separate line item for just shelter expense for which Interim Finance Director Kuhn explained; BLANCHE JORGE, Downtown, stated that she would like to know the things that have been changed at the animal shelter. No one came forward to speak and the public hearing was closed.
Council Member Lewis inquired as to the salary schedule changes approved back in October/November and the salary adjustment that was done back in February for Community & Economic Development Director and the Human Resources Director and would like to know what the percentages were, for which Interim Finance Director Kuhn stated that the increases were in line with the direction from City Council, 5% for Human Resources Director and 36.9% for the Community & Economic Development Director to be in line with the Finance Director. Council Member Lewis stated that in her opinion that it is remiss to leave percentages off the staff report and why is this a hidden matter as there feels like some resistance to state so, she then inquired as to the street improvements and if that was going to be enough funds to take care of what was presented on the list and other streets as needed for which Public Works Director/City Engineer Than explained the funding and plans for improvements. Council Member Lewis made note that the General Fund has a shortfall of $2 million. Council Member Lambert stated that he feels Interim Finance Director Kuhn explained everything well, 22 98% of this is what the City has needed for many years ago, we are still able to maintain the 30% reserve, how we are bringing our infrastructure up to date, we are not top heavy, we are bringing our City up to where it needs to be, job well done Mr. Kuhn. Mayor Llanez stated that in reviewing this budget he gives thanks to the City Manager for what he has asked for, as a taxpayer I want you to fix my City, he applauds Interim Finance Director Kuhn, how last year we didn't have Fire Chief and went without a City Manager and creating an Assistant City Manager a no brainer for me, and you created 20 jobs for the citizens of Los Banos. Council Member Lewis stated that as a Council Member who has sat up here almost 11 years, this is the first time that we have never had a budget workshop and she is at a quandary, but as a legislature I am due the proper time' to evaluate this as we casually go over the budget feels that this is an unusual step here and hopes in the future, we will go back to having our budget hearings.
Motion by Begonia, seconded by Jones to approve City Council Resolution No. 6657 - Adopting the 2023-2024 FY Budget, Including Updates to Division 4, Employee Salary Schedule and Division 1, General of the Los Banos Policy & Procedures Manual. The motion carried by the affirmative action of all Council Members present, Lewis abstaining.
ADVISEMENT OF PUBLIC NOTICES. (Three Reports). Community & Economic Development Director Souza Elms stated that there will be three public hearings at the June 28, 2023 Planning Commission Meeting to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) and a Mobile Food Vendor Permit #2023-06 to allow the operation of a mobile food vending vehicle on private property for Pedro Sanchez dba Los Camales. The subject property is located within the Highway Commercial Zoning District at 826 W. Pacheco Blvd., more specifically identified as Assessor's Parcel Number: 027-130-006; to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Infill Development Projects) for Site Plan Review #2021-03 for the development of a 360 square foot commercial structure and associated site improvements for a used auto sales lot within the General Commercial Zoning District to be located at 702 G St.; more specifically identified as Assessor's Parcel Numbers: 025-111-023; and to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Infill Development Projects) for Site Plan Review #2022-08 for the development of a 6,100 sq. ft. metal structure to operate as a Truck Service Facility and various site improvements located within the Industrial Zoning District located at the northwest corner of Technology Dr. and Industrial Pkwy.; more specifically identified as Assessor's Parcel Numbers: 084- 250-016.
CITY MANAGER REPORT. City Manager Pinheiro thanked the entire team that worked on this budget, for all the hard work you have done on it, thank you so much, really excited about stuff, really ambitious about things and thanked the City Council for their continued support.
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). Council Member Lewis stated that June 24, 2023 from 8-11am at Merced 23 County Fairgrounds there will be a free smog repair event sponsored by SJVAPCD and there is another round of grant funding to help income restricted hepafilter for their home and encouraged all to apply for funds. Mayor Llanez stated that the last MCAG he was elected as Vice Chair for the next year, how kids are out for the summer and Yosemite is fun place to go and how YARTS will give you a free ride to Yosemite.
CITY COUNCIL MEMBER REPORTS
DEBORAH LEWIS: No report
KENNETH LAMBERT: Wanted to personally thank department heads for all the work, we rely on your numbers quite a bit, if I had questions I call and you have answers, this is a step in the right direction.
DOUGLAS BEGONIA, JR.: No report
BRETT JONES: Thanked staff for the hard work on the budget, a lot of time went into that, great presentation for the budget hearing we had tonight.
PAUL LLANEZ: Thanked staff for putting the budget together and for the City Manager, Parks & Recreation Operations Manager Heim and Public Works Director/City Engineer Than to get ready, how we have done permanent housing for 33 homeless and thanked staff for their work on that, spoke to mental health issues and remember when you are in the ballot box voting on propositions, thanked the public for spending a few hours with us tonight.
ADJOURNMENT. Motion by Jones, seconded by Lambert, the meeting was adjourned at 9:14 p.m. The motion carried by the affirmative action of all Council Members present.
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
24 CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
JULY 5, 2023
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.
CALL TO ORDER: Mayor Llanez called the City Council Meeting to order at the hour of 6:00 p.m.
PLEDGE OF ALLEGIANCE: Police Commander Reyna led the pledge of allegiance.
ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Doug Begonia, Brett Jones, Kenneth Lambert, Deborah Lewis, Mayor Paul Llanez; ABSENT:
None.
STAFF MEMBERS PRESENT: City Manager Pinheiro, City Attorney Vaughn, Police Commander Reyna, City Clerk/Human Resources Director Mallonee, City Treasurer Lawrence, Fire Chief Tualla, Community & Economic Development Director Souza Elms, Public Works Director/City Engineer Than, Interim Finance Director Kuhn CONSIDERATION OF APPROVAL OF AGENDA: Motion by Jones, seconded by Lambert to approve the agenda as submitted. The motion carried by the affirmative action of all Council Members present.
PRESENTATIONS - CERTIFICATES OF RECOGNITION - WESTSIDE UNION
ELEMENTARY SCHOOL PARTICIPATION AND ACHIEVEMENTS AT THE NATIONAL ACADEMIC PENTATHLON: FIRST PLACE SUPER QUIZ WINNERS- 7TH GRADE CHAMPION DIVISION: SECOND PLACE1 OVERALL TEAM - 7rH GRADE CHAMPION DIVISION; MAX MENEFEE, GOLD IN SOCIAL SCIENCE, SILVER IN SCIENCE. BRONZE IN FINE ARTS, - HONORS DIVISION: SIENA HALLORAN, BRONZE IN FINE ARTS - HONORS DIVISION: REESE BETSCHART, GOLD IN LITERATURE. BRONZE IN SOCIAL SCIENCE - SCHOLASTIC DIVISION; WARD
SAEB, BRONZE IN SCIENCE, SILVER IN MATHEMATICS, GOLD IN FINE ARTS, GOLD IN SOCIAL SCIENCE, GOLD OVERALL - SCHOLASTIC DIVISION: DELIA PEREZ, BRONZE IN SCIENCE-VARSITY DIVISION: JORGE OLIVARES, BRONZE
IN SOCIAL SCIENCE, SILVER IN FINE ARTS, SILVER IN LITERATURE, SILVER OVERALL - VARSITY DIVISION: TAMMI SCHULTZ. TEACHER AND COACH. Mayor Llanez presented and read the Certificates of Recognition.
PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL
MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO ITEM 6D
25 A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Mayor Llanez opened the public forum and asked those at the meeting if they would like to speak: ANN McCauley spoke regarding how the fireworks show was a nice display and in a safe way, how the illegal fireworks are of concern to her and hopes that those who are caught get fined and held accountable, fireworks went on all night, constantly being shot into the air over the houses, applaud the Mayor in getting our city streets repaired, what about Pacheco the state highway, feels there should be an ordinance that prevents smoking within 500 feet of any parade or public event, how she is allergic to smoke; UNNAMED PERSON gave credit to the local hospital and the great job they do and the services they provide, the daunting task that the Police Department and Fire Department do and thanked them for the work that they do, spoke to the reason behind the 4th of July and how very important the sacrifices were and continue to provide oversight and ask questions, spoke to budget items that he thinks should have been addressed is the roads and how disrepair they are in need of attention, thanked Council for the animal shelter funding and thinks there should have been more funding and the need to increase capacity, spoke to his concerns with all the expenditures in the budget; MIKE HUGHES, Commander VFW Los Banos, thanked the City Manager for swearing in all the new VFW officers for the year and how great it was to have him there, thanked the Mayor for the luncheon he had for some of the City employees and how the veterans offer their help to cook for those events and looking at ways to give back, thanked the Council for the downtown trees and how great they are finally looking, gave thanks for the good job they are doing; GRACIANO RUBIO, requesting that the City give an update to Small Business Assistance Program through ARPA funding, questions raised as to why non-profits were included, how awards in the amount of $70,000 to ineligible nonprofits, concerns with how things were classified and details of the scoring system, how published guidelines were not followed, would like to see a list of the actual grants given, how 7 months have lapsed and asked for a report at the next City Council meeting; TAMMI AVILAR spoke regarding her concerns about the homeless on the rail trail on Pfitzer Way or Shaunessey Village and about an incident she experienced with a fire clear above the trees, how it took 10 minutes for a Firetruck to arrive and how unhappy she was with the response time, the homeless situation is an ongoing source of problems, backyards are being broken into, fights happening in the late night and calls to the Police Department and by the time they come out the fight is over, knows they are moving the homeless to this spot and would really like some type of response; UNNNAME PERSON offered her sincere appreciation to who is involved in making Los Banos a better place for people and animals, looking to help in whatever capacity she can, searched for companies that build modular animals shelter and found a great example of one that was built in Atascadero and dropped off packets to all of the Council Members, City Manager, Police Chief, how there is a big job ahead of us and would happy to help in any way possible. Mayor Llanez asked the City Clerk if she had received any, for which she stated she had received none. No one else came forward to speak and the public forum was closed.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lewis requested that item 7B - City Council Resolution No. 6658 -Authorizing the Public Works Director/City Engineer to Execute Change Order No. 8 to the Design-Build Construction 26 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 be pulled from the consent agenda for presentation.
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. Council Member Lewis inquired as to the $700,000 for a new Public Works parking lot if there is going to be a separate entry than the Police Department and where the funding is coming from for which Public Works Director/City Engineer Than explained that there will be a separate gate to go into the Public Works parking lot and the Police Department will have their own gate and funding is coming from the corporation impact fee that has been collected over time and there is sufficient funding.
Motion by Jones, seconded by Begonia to approve the consent agenda as follows: Check Register for #239348 - #239560 in the Amount of $2,443,515.56; 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; 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; 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; 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; 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. The motion carried by the affirmative action of all Council Members present.
MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG) ANNUAL UPDATE - Presented by Stacie Guzman, MCAG Executive Director. Stacie Guzman presented MCAG's Annual Update, which included a PowerPoint presentation, with the top of discussion being the Measure V ½ cent Transportation Sales Tax Program.
There was Council Member and staff discussion regarding completed projects, Henry Miller Road improvements, Los Banos City projects, YARTS which is public transportation to Yosemite Valley year-round, The Bus is free for veterans, seniors and the disabled, possibility of reciprocity for those driving into other counties.
Informational item only, no action taken.
27 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 547 W. I STREET, MORE SPECIFICALLY IDENTIFIED AS ASSESSOR'S PARCEL NUMBER 027-033-008; 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 547 WEST I STREET. Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation.
Mayor Llanez opened the public hearing. No one came forward to speak and the public hearing was closed.
STEVE RAWLINGS, on behalf of the applicant, spoke in support of staffs presentation and recommendation, and thanked Community & Economic Development Director Souza Elms and Police Commander Reyna for their support and input and gave a background on the project which will enhance the store and make it more of a local market with change in hours (less).
Motion by Jones, seconded by Begonia to adopt 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. The motion carried by the affirmative action of all Council Members present.
STATE OF THE STREETS AND PAVEMENT CONDITION REPORT. Public Works Director/City Engineer Than presented the staff report, which included a PowerPoint presentation.
There was Council Member and staff discussion regarding how in the past we had a different management system to oversee our roads and this current one is different and better, what we passed in our budget is just a small part to get our roads into good condition and that's a priority for the community, comparing each scenarios funding rationale, how no matter what we choose the very poor road conditions hardly change, the plan for those, if you just repair then you will be continually playing catch up, the financing or funding for this with grant funding, gas tax, Measure V funds, how if we don't front load years 1 and 2 to get our roads up to par, we will continue to fight the battle down the road, and the rehabilitation side of it and choosing a plan that is sustainable. 28 Motion by Jones, seconded by Lambert to direct staff to research and prepare what is financially feasible and then bring back to City Council for consideration and approval.
The motion carried by the affirmative action of all Council Members present.
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. Public Works Director/City Engineer Than presented the staff report, which included a PowerPoint presentation.
Mayor Llanez stated that he met with Ric Ortega and Chris White and he is happy to see the collaboration with the City and Grasslands Water District.
Motion by Jones, seconded by Lambert to adopt City Council Resolution 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. The motion carried by the affirmative action of all Council Members present.
ADVISEMENT OF PUBLIC NOTICES. (No Report).
CITY MANAGER REPORT. City Manager Pinheiro wanted to say great job to the Downtown Association on the great 4th of July event, a big thank you to the veterans for all the work you do and quite an honor to swear in the new VFW officers, great to see you put out the American flags throughout town, and the viewing area to watch the fireworks at the VFW and Elks Lodge was great to see, and a great job by the Fire Department too.
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). Mayor Llanez stated that he was recently elected as Vice Chair for MCAG.
CITY COUNCIL MEMBER REPORTS
KENNETH LAMBERT: Stated that he has spoken to several people and they are finally glad that we are focusing on streets and upgrading of employees and how we will be happier and better for it.
DOUGLAS BEGONIA, JR.: No report
BRETT JONES: No report
DEBORAH LEWIS: No report
29 PAUL LLANEZ: Thanked the veterans for the flags and enjoys opening his door and seeing his and all the flags around town, how he recently held a BBQ for the Public Works Department and thanked Police Commander Reyna and the Police Department on the multiple arrests at the rail trail behind McDonalds and with the Fire Department issuing over 30 firework citations issued, thanked the Public Works Director/City Engineer Than for having forward thing with roads
ADJOURNMENT. Motion by Jones, seconded by Lambert, the meeting was adjourned at 7:51 p.m. The motion carried by the affirmative action of all Council Members present.
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
30 TO:
FROM:
DATE:
LOsBanos
l,e C o · Toad J .'alif or iia
Agenda Staff Report
Mayor and City Council Members
Soknirorn Than P.E., Public Works Director/City Engineer ~ \ L__ July 19, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Entering into a Professional Services Agreement with Mark Thomas & Company, Inc. for Engineering Design Services for the State Route 165 and Vineyard Dr. Intersection Project
Recommendation:
That the City Council adopts the Resolution to:
• Enter into a Professional Services Agreement with Mark Thomas & Company, Inc. (Mark Thomas) for Engineering Design Services for the State Route 165 and Vineyard Dr. Intersection Project, and authorize the City Manager to execute the Professional Services Agreement. The administration of this Professional Services Agreement is to be performed by the Public Works Director/City Engineer; and • Amend the Fiscal Year 2023/24 Budget by increasing the appropriation amount in the Lamoglia Fund account 233-430-220-716 in the amount of $164,027.
Background:
The State Route (SR) 165 and Vineyard Dr Intersection Project is located north of Overland Avenue. Vineyard Drive is a two-lane divided collector that currently terminates at the west side of Caltrans right of way SR 165 and does not connect to the highway. The east side of SR 165 is Dove Avenue that provides side street stop-controlled connection to the highway. The proposed project will extend Vineyard Dr to SR 165, signalize the intersection, and provide utility coordination/relocations (undergrounding of overhead lines) and enclose the ditch into a pipeline.
The design process will include:
• Prepare Plans Specification and Estimate
ITEM 6E
31 • Lead Caltrans coordination and approvals
• Design level survey and right of way mapping
• Traffic Study- ICE Report
• Prepare right of way appraisals and acquisition documents (if needed) • Lead utility coordination and undergrounding/relocation • Design underground open channel
• Prepare draft and final CEQA documentation
• Provide environmental permitting supports
• Assist with MCAG coordination
• Bidding assistance and construction support
DiSCUS!lioo:
The City of Los Banos released a Request for Proposals (RFP) for Engineering Design Services for the State Route 165 and Vineyard Dr Intersection Project on May 10, 2023.
On June 7, 2023, one (1) engineering firm submitted a proposal to the City Clerk. The Firm was: Mark Thomas & Company, Inc.
A selection committee reviewed the proposal submitted by Mark Thomas & Company, Inc.
After defining the scope and conducting cost negotiations, the committee recommended that the City enter into a Professional Services Agreement with Mark Thomas to provide Engineering Design Services for the State Route 165 and Vineyard Dr. Intersection Project.
This agreement will authorize a not to exceed amount of $694,478.
Fiscal Impact:
The Engineering Design Services will be a multi fiscal year project. Mark Thomas has provided a breakdown of the cost of $694,478 based on task completion as follows: FY 2023/24 $464,027, FY 2024/25 $208,832 and FY 2025/26 $21,619.
The current fiscal year budget has appropriations of $300,000 in the Lamoglia Fund account 233-430-220-716. Staff is requesting a budget amendment for the additional estimated task completion for the current fiscal year in the amount of $164,027.
B~ j ~ m Finance Director
Attachments:
Resolution
Professional Services Agreement with Exhibit A- Scope of Services, Exhibit 8- Cost Proposal
Request for Proposals (RFP) without exhibits
32 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE CITY
OF LOS BANOS AND MARK THOMAS &
COMPANY, INC. FOR ENGINEERING DESIGN
SERVICES FOR STATE ROUTE 165NINEYARD
DR. INTERSECTION AND ADOPTING A
REVISED BUDGET FOR THE FISCAL YEAR
2023-24 AS IT PERTAINS TO THE LAMOGLIA
FUND.
WHEREAS, on June 7, 2023 the City of Los Banos received a proposal for engineering design services for the State Route 165 and Vineyard Dr. Intersection project; and
WHEREAS, the selection committee reviewed the proposal and concluded that Mark Thomas and Company, Inc. was a qualified firm to provide the requested services; and
WHEREAS, the City Attorney has prepared the Professional Services Agreement between the City of Los Banos and Mark Thomas and Company, Inc. for said services; and
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; and WHEREAS, the proposed amendment to the Fiscal Year 2023-2024 would increase expenditures by $164,027.00 in the Lamoglia Fund (233-430-220-716).
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 Mark Thomas & Company, Inc. for engineering design services for SR 165 and Vineyard Dr. Intersection in the amount not to exceed of $694,478.00.
2. Amend the Fiscal Year 2023-24 Budget by increasing the appropriation amount in the Lamoglia Fund (233-430-220-716) in the amount of $164,027.00.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th 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:
33 APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
34 PROFESSIONAL SERVICES AGREEMENT
FOR ENGINEERING DESIGN SERVICES
FOR SR 165 AND VINEY ARD DRIVE INTERSECTION PROJECT
MARK THOMAS & COMP ANY, INC.
THIS AGREEMENT is made and entered into this __ day of ___ 2023, by and between the City of Los Banos, a municipal Corporation (herein referred to as "City") and Mark Thomas & Company, Inc. (herein referred to as "Consultant").
RECITALS
A. WHEREAS, City is in need of Professional Services as described herein below; B. WHEREAS, Consultant represents that it is "design professional" as that term is defined by California Civil Code Section 2782.8 and 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. City may elect to delete certain tasks of the Scope of Services at its sole discretion. 1 35
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 similar fields and circumstances 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. City shall pay Consultant for the services on a time and expense not-to-exceed basis in accordance with the provisions of this Section and the Pricing Proposal submitted by Consultant attached hereto as Exhibit B and incorporated herein by reference. All reimbursable items and sub Consultant fees, shall not exceed $694,478 unless authorized in writing by the City and approved by the City Council.
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 2 36
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 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. Project 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 3 37
issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City Attorney.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
ii. General Liability Covera!?e. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Consultant's general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. m. Automobile Liability Coverage. Consultant shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident. If Consultant owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and not less than two million dollars ($2,000,000) in the annual aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
4 38
E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant.
ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder.
m. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice (ten (10) calendar days written notice of non-payment of premium) 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 5 39
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 means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services.
10.1. The Consultant shall at all times remain an independent contractor with respect to the services to be performed under this Agreement and shall be responsible for the payment of Federal and State Employer Withholding Taxes, Unemployment Insurance Taxes, FICA Taxes, Retirement, Life and/or Medical Insurance, and Worker's Compensation Insurance for the employees of the Consultant or any other person performing services under this Agreement.
Consultant and its employees are not entitled to the rights or benefits afforded to City's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Consultant agrees to indemnify and hold City harmless from any claims, costs, losses, fees, penalties, interest, or damages suffered by City as a result of any claim by any person or entity contrary to the provisions of this Section 10.
10.2. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents. and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
11. Subcontracting. Nothing contained in this contract or otherwise, shall create any contractual relation between the City and any sub consultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to the City for the acts and omissions of its sub consultant(s) and of persons either 6 40
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. l I. I. 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. 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.
11.3. 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 sha11 include but not be limited to all findings, reports, plans, specifications, studies, drawings, estimates, documents, information and data including, but not limited to, electronic media, computer tapes or discs, files, and tapes furnished or prepared or accumulated by the Consultant in performing work under this Agreement, whether completed or in process. City shall have the sole right to use such documents, materials and information in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such documents, materials and information to City upon prior written request.
12.1. All documents shall be considered works made for hire and all documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the City without restriction or limitation upon their use, duplication or dissemination by the City.
Consultant shall not obtain or attempt to obtain copyright protection as to any documents.
12.2. Nothing herein sha11 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.
12.3. In the event of termination of this Agreement, a11 documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, sha11 be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.
7 41
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 shall provide proper facilities to City's representative(s) for access and inspection. Consultant shall be entitled to reasonable compensation for time and expenses relate to such access and inspection activities, which shall be considered to be an additional service to the City, subject to the provisions of Section 4 hereinabove.
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 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 8 42
and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.
18. Integration; Amendment. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing sign by both parties.
City's city manager, or designee, may execute any such amendment on behalf of City.
19. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
20. WaiverNalidity. Consultant agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this Agreement. The acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement.
21. Jurisdiction. City and Consultant agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of Merced.
22. Notice. Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:
To City:
Nirorn Than, P .E.
Public Works Director/City Engineer
411 Madison A venue
Los Banos, California 93635
To Consultant:
Ed Noriega, P.E.
Mark Thomas & Company, Inc.
7571 North Remington Ave, Suite 102
Fresno, CA 93711
9 43
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. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the Public Works Director/City Engineer City Administrator or his or her designee. If the quality of work is not satisfactory, City and Consultant shall meet to review the quality of the work and resolve the matters of concern.
25. Corrections. Consultant shall be responsible for its work and results under this Agreement. 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. Failure of Consultant to implement required corrective measures shall result in immediate termination of this Agreement.
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 actions described herein.
28. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the City's Request for Proposals, the Consultant's Proposal. 44 IN WilNESS 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
11 Mark Thomas & Company, Inc.
by:
CITY OF LOS BANOS, a California
municipal corporation
by: Josh Pinheiro, City Manager
45 THIS PAGE IS INTENTIONALLY LEFT BLANK
46 Exhibit A
SCOPE OF SERVICES 1.0
PROJECT MANAGEMENT
1.1 KICK-OFF, PDT MEETING, AND FOCUS MEETING
The Project will involve regular monthly meetings to keep the project ·on-track". This work includes preparation of meeting agenda in consultation with the City's Project Manager, distribution of approved meeting agenda, arrangement of attendance of meeting participants, and preparation and distribution of meeting minutes, including recap of actions to be taken prior to the next meeting. This scope assumes a total of 1 project kick-off meeting and an additional 26 virtual project development team (PDn meetings. If deemed appropriate by the City's Project Manager, informal focused meetings with key stakeholders will be held, to gather appropriate information; up to 6 Focus meetings.
1.2 MARK THOMAS TEAM MANAGEMENT/ COORDINATION
This task will include ongoing general project coordination with subconsultants and Mark Thomas internal staff. This task will include preparing memos, letters, e-mail, and phone calls necessary to manage the project.
1.3 CALTRANS COORDINATION
This task will include ongoing project coordination with Caltrans, including Constructability/ Safety Review virtual meetings following the 30%, 60%, and 90% submittals. In addition to the Constructability/ Safety Review meetings, it is assumed that 10 virtual meetings with Caltrans will be necessary throughout the design process.
1.4 CPM SCHEDULE/ PROGRESS REPORTS AND BUDGETS
At the project kick-off meeting, Mark Thomas shall distribute a master Critical Path Method schedule as a draft for review by the PDT. The draft CPM schedule will be updated, incorporating comments received from the PDT. The CPM schedule, including the City and other agency review periods, will be updated at all major milestones. Mark Thomas will monitor project delivery costs and provide monthly budget status reports.
1.5 QUALITY ASSURANCE/QUALITY CONTROL
The Mark Thomas Quality Control plan consists of established procedures for performing the work (which are reassessed with each project), including methods for design calculations, establishing appropriate levels of design development for intermediate submittals, identification of required plan checks (who, what, when), design checklists, and methods of project documentation. Mark Thomas will use their QNQC manual as a guide to ensure the highest engineering quality possible.
1.6 CALTRANS RIGHT-OF-WAY CERTIFICATION
Mark Thomas staff will prepare the paperwork for the Caltrans Right-of-Way Certification. Prior to authorization of construction funds, Caltrans will require completion of all items for the R/W certification document. In general, the following items must be in order:
Right-of-Way must be acquired or "in control". Caltrans will review the property files to verify that acquisition activities (legal description, etc.) match Caltrans requirements for access control, land rights, etc. The property can either be acquired by this time, or the project proponent can have either (1) a Caltrans approved Permit to Enter or (2) orders of possession. The latter two options would occur if an immediate agreement cannot be reached. Typically, a spreadsheet for all required properties is prepared, with acquisition status noted.
Utility relocation is taken care of with an approved relocation plan, utility reimbursement agreement, utility-approved relocation schedule, and a statement by the utility absolving the City and Caltrans of any financial obligations. Mark Thomas will prepare the Project Engineers statement for Utility Certification.
Copy of CEQA environmental document
47 DELIVERABLES:
Agendas and Meeting Minutes for each PDT Meeting
Project Schedule
Progress Reports
Budget Reports
Caltrans Right-of-Way Certification
2.0 DATA COLLECTION
2.1 DATA COLLECTION/PERMIT APPLIC.A TIONS
O'dell Engineering (O'Dell) will perform the following data collection and permit services for the project:
Research and identify existing survey information, records, drawings, control, etc.
Coordination with Caltrans and City of Los Banos to obtain any temporary occupancy/traffic permits that may be required
Prepare written survey plan
2.2 CONTROL AND TOPOGRAPHIC SURVEY
As a park of this task, O'Dell will complete the following:
Perform cross-section survey of roadway, ditch, etc. at SO-foot intervals Topographic surveying within the project limits will include all hardscape and softscape, grade breaks, high points, low points, etc.
Locate planimetric details and utility features, including: signs, fences, walls, buildings, striping, driveways, walkways, drainages, structures, lights, poles, bollards, general limits of vegetated or landscaped areas, USA markings, vaults, valves, meters, boxes, pedestals, cleanouts, manholes, drain inlets, catch basins, culverts, outfalls, and standpipes Locate trees 6" diameter and larger
At manholes and accessible structures measure invert elevation of all gravity storm drains and sewer pipes. Annotate topographic survey drawing with invert elevation, approximate diameter, and orientation of each pipe visible at the time of the survey. Where access is not practical, O'Dell Engineering shall indicate by notation on the mapping deliverable
Prepa~e survey base map drawing at a 1" = 20' scale
DELIVERABLES:
Digital copy of the topographic survey drawing in AutoCAD Civil 3D 2022 format PDF copy of topographic survey on O'Dell title block
3.0 UTILITY COORDINATION/RELOCATION
Mark Thomas staff will provide utility coordination and mapping services. As part of conducting utility mapping, the Mark Thomas team will determine horizontal location of existing utilities and prepare a list of those utilities which have a potential for physical conflicts with proposed improvements. Potholing will be conducted according to Caltrans Policy on High and Low Risk Underground Facilities Within Highway Rights of Way. Mark Thomas will retain a vacuum pothole company to positively identify the depths, material type, and size of known critical utilities. For budgeting purposes, 5 potholes have been assumed at $7,500 apiece.
Utility coordination services will be conducted in general conformance with Caltrans' Local Assistance and Utility Relocation Manuals. The Mark Thomas team will follow the Utility A-B-C process:
48 3.1 UTILITY A LETTERS
The Utility "A" Letters will be sent to utility companies and irrigation districts determined to be in the area by a USA North search. The purpose of these letters will be to request updated utility mapping and asbuilts from the utility companies.
Once the 30% design is complete, a utility kickoff meeting is held with the utility companies to discuss project impacts.
At the meeting, a preferred approach is recommended to the utility companies and a consensus is reached regarding various items including clear recover zone requirements, overhang easements, and vertical clearance requirements over underground utilities.
3.2 LIABILITY DETERMINATION
At the same time the utility company is requested to provide any legal backup (i.e. deeds) for their rights at that location, copies of relocation plans to alleviate the conflicts, and cost estimate of the relocation. With this information it can be determined the utility costs borne by the project.
3.3 UTILITY B LETTERS/ CONFLICT MAPPING
Letter is issued to the utility companies with 60% plans that show utility impacts. The utility companies are instructed to begin relocation plans at this time. Frequent follow ups with utility companies are required from this point forward.
Following completion of potholing activities discussed above, O'Dell will perform field and office surveying to field locate potholes. O'Dell will then update survey base mapping to depict as-built conditions per pothole report.
3.4 COORDINATE UTILITY AGREEMENTS/UNDERGROUND UTILITY DISTRICT (UUD) Mark Thomas will coordinate up to two (2) utility agreements. To construct the improvements, it is assumed that Common Use Agreements will be required with both PG&E and AT&T.
There are existing PG&E overhead electric poles near the intersection that will likely conflict with the proposed improvements. If these utility poles do turn out to be in conflict, Mark Thomas will explore relocation/ undergrounding strategies with the City and PG&E. If undergrounding is a viable option, the project would likely meet the requirements to use Rule 20A credits to fund the undergrounding. In addition, formation of a UUD would be necessary if undergrounding is pursued. Under this task, Mark Thomas will assist the City in navigating the logistics of obtaining Rule 20A funding and forming the UUD necessary to support the undergrounding. It is assumed that utility owners will be responsible for the trench and utility design.
3.5 UTILITY "C" LETTERS/ NTO
Once utility relocation plans are received and approved from the utility companies, the notice to owner letter authorizes the company to relocate their utilities. Right-of-way acquisition must be cleared for this letter to be issued.
DELIVERABLES:
• Utility A Letters
Liability Determination
• Utility B Letters/ Conflict Mapping
Utility Agreements
Utility C Letters/ NTO
4.0 TRAFFIC
4.1 TRAFFIC STUDY/ICE/SIGNAL WARRANT
Fehr & Peers will prepare a traffic analysis of existing conditions, opening year conditions and design year (20 year ENGINEERING DESIGN SERVICES FOR THE STATE ROUTE 165 AND
VINEYARD DRIVE INTERSECTION PROJECT
City of Los Banos
49 design life) conditions at the SR 165/Dove Street-Vineyard Drive, SR 165/Regency Drive, and SR 165/Santa Barbara Drive intersections; study of the intersections of SR 165 with Regency Drive and Santa Barbara Drive may be required because shifts in traffic to/from the center of Los Banos to the Vineyard Drive extension at SR 165 may increase side street delay at Regency Drive and Santa Barbara Drive in excess of City General Plan and Caltrans District 10 goals and policies related to circulation system Levels of Service.
Count data for the weekday 12-hour peak periods (7:00 AM to 7:00 PM) will be collected to inform existing conditions and to form a basis for traffic signal warrant analysis; one 72-hour weekday classification count along Mercey Springs Road will be conducted as well. Opening year and design year traffic volumes will be developed using outputs from either the Pioneer Road version of the MCAG travel demand model or the more recently updated MCAG travel demand model; a review of land uses and roadway network connections in both the base year and RTP horizon year models will be completed as an initial step in the forecasting process. Forecast traffic volumes will be used to evaluate the suite of California MUTCD traffic signal warrants. VMT outputs from the model will be produced for the opening year/design year and No Build/Build scenario given the potential for the redistribution of trips around the street grid; generally, completing a street grid system reduces VMT by improving the efficiency of trip routing.
Fehr & Peers will analyze traffic operations for the No Build scenario and the Build scenario using the Synchro 11 software analysis package and Highway Capacity Manual, 6th Edition methodologies. Up to three Build alternatives will be studied. If a roundabout alternative is studied, the roundabout will be analyzed using the Sidra software analysis package. Multimodal and complete streets elements such as Class II bike lane treatments and leading pedestrian intervals (LPls) will be considered in the analysis. LPls must be considered due to the passage of Assembly Bill 2264 (2022) requiring LPls on new signal installations along the State Highway System. The traffic operational feasibility and benefits for each Build alternative will be demonstrated through the use of delay, Level of Service, and 95th percentile queue metrics.
The traffic analysis will be documented in a standalone report suitable for submittal to Caltrans District 10 for review and comment and to satisfy the needs of the CEQA/NEPA review of the project. An Intersection Control Evaluation (ICE) memo will also be prepared using data and analysis outputs from this task. We have assumed one round of City review and comment on the traffic analysis report and the ICE memo as well as one round of Caltrans review and comment on both deliverables.
DELIVERABLES:
Draft and Final Traffic Analysis Report
Draft and Final ICE Memo
5.1 DRAINAGE
5.2 STORM WATER DATA REPORT (SWOR)
Caltrans will require a PS&E level Storm Water Data Report (SWDR) for the project. The SWDR will be based on the proposed drainage improvements within Caltrans right-of-way. The SWDR will summarize best management practices (BMPs) for minimizing discharge of sediment and pollutants both during construction and after the project improvements are completed.
5.3 DRAINAGE REPORT
A Draft and Final Drainage Memo will be prepared to outline existing and proposed storm drain conditions. Mark Thomas will use the hydraulic analysis and pipe sizing calculations performed as part of the drainage study to design new drainage systems required as part of the project.
DELIVERABLES:
Draft and Final SWDR
Draft and Final Drainage Report
ENGINEERING DESIGN SERVICES FOR THE STATE ROUTE 165 AND
VINEYARD DRIVE INTERSECTION PROJECT
City of Los Banos
50 6.0 GEOTECHNICAL
6.1 GEOTECHNICAL INVESTIGATIONS AND REPORT
Crawford & Associates, Inc. (Crawford) will perform a field investigations and laboratory testing to evaluate the subsurface conditions and support the design of the new intersection.
6.1.1 Coordination, Obtain Permits and Mark for USA
For this task Crawford will:
Determine exploration locations, determine site access, mark our exploration locations for USA North 811, and coordinate with a private utility locator
Obtain a Caltrans and/or City of Los Banos Encroachment Permit, as applicable. We can utilize the parent Caltrans permit if acquired by the design team
6.1.2 Subsurface Exploration
To address the proposed project improvements, Crawford will perform two to three hand auger borings. Additionally, we'll perform one Dynamic Cone Penetration (DCP) test located in the adjacent drainage ditch to assess the depth of soft soils at the bottom of the ditch. The DCP will utilize a sacrificial cone tip and be continuously driven into the soil with a 35-lbs drop hammer, falling 16 inches to define the subsurface conditions at the site. The hand auger borings will be advanced to about 3 to 4 ft below ground surface at the corners of the intersection and adjacent to Vineyard Drive. The hand augers will be backfilled with tamped soil, and traffic control is expected to consist of a shoulder closure without flaggers.
6.1.3 Laboratory Testing
We propose the following laboratory tests, as appropriate, on representative soil samples obtained from the exploratory borings:
Sieve Analysis and Plasticity Index
Expansion Index
R-value
6.1.4 Geotechnical Analysis and Report
Crawford will perform engineering analysis and prepare a Geotechnical Report addressing:
Project description
• Scope of work
Subsurface exploration
• Laboratory testing
New pavement sections recommendations based on Tis provided by others Minimum concrete flatwork sections recommendations
Construction considerations for grading including excavatability, depth of soft soils in the ditch, stability, fill placement and compaction
• Risk Management and limitations
Vicinity map and site plan with exploration locations
Exploration logs with laboratory test results
6.2 INITIAL SITE ASSESSMENT
Crawford will prepare an Initial Site Assessment (ISA) to identify evidence of prior or existing hazardous materials conditions that might affect the proposed project. The scope of services for the ISA will include:
ENGINEERING DESIGN SERVICES FOR THE STATE ROUTE 165 AND
VINEYARD DRIVE INTERSECTION PROJECT
City of Los Banos
51 6.2.1 Records Review
Selected federal, state, local, and tribal environmental agency databases will be reviewed for information pertaining to the project site and properties within ASTM standard search radii. This data will be obtained from a vendor specializing in retrieval of environmental information. Results of the records search will be reviewed for indications of existing and potential hazardous waste and hazardous material conditions with and immediately adjacent to the project alignment.
6.2.2 Historical Records Review
Historical aerial photographs and topographic maps will be reviewed for indications of past uses of properties adjacent to the project site.
6.2.3 Site Reconnaissance
A drive-by reconnaissance will be performed, supplemented by a walking traverse if observation indicates possible hazardous materials use or storage. Reconnaissance of the site will be performed to:
Identify current uses and evidence of past uses of properties adjacent to the project alignment.
Identify potential areas of concern such as above or below ground fuel storage tanks, vehicle maintenance areas, past oil and gas operations, dump sites, discolored soils or stressed vegetation, discharges, odors, transformers, wells, standing water, hazardous substance containers or unidentified containers, etc.
6.2.4 Interviews
If warranted by the records search or site reconnaissance, reasonable attempts will be made to interview persons identified as knowledgeable about potentially contaminated locations within or adjacent to the project site to obtain information indicating their potential impacts to the project. Interviews may be conducted in person, by telephone, or in writing.
Individuals interviewed might include owners, occupants, local government officials, or others.
6.2.5 ISA Report
A report documenting our assessment will be prepared for the project. The report will include, but not necessarily be limited to, the following:
Description of the project site and vicinity
Summary of the local geologic and hydrogeologic conditions Summary of the historical record review
Findings from the records review
Site reconnaissance observations
Interview results
Findings and Conclusions: a summary of potential impacts of recognized environmental conditions with potential to impact the project site
Recommendations: As warranted by the findings
6.3 AERIALLY DEPOSITED LEAD STUDY
Crawford will perform an Aerially Deposited Lead (ADL) survey to identify evidence of prior or existing ADL conditions that might affect the proposed project. The scope of services for the ADL survey will include:
6.3.1 Subsurface Explorations
Crawford will perform four shallow soil borings to assess for ADL at the project site. The shallow borings will be located on the shoulders of SR 165, within about 5 feet from the edge of pavement. Soil samples will be collected using hand tools.
At each location, discrete samples will be collected at depths of Oto 6 inches bgs, 12 to 18 inches bgs, and 24 to 30 inches bgs. We estimate a total of 12 soil samples for ADL will be collected.
ENGINEERING DESIGN SERVICES FOR THE STATE ROUTE 165 AND
VINEYARD DRIVE INTERSECTION PROJECT
City of Los Banos
52 6.3.2 Laboratory Testing
All soil samples will be analyzed for total lead and pH. Samples with total lead concentrations above 50 milligrams/ kilogram (mg/kg) will be further analyzed for soluble lead concentrations (both WET and TCLP methods). For budgeting purposes, we assume 30 percent (about 3 samples) will need to be analyzed for soluble lead.
6.3.3 AOL Report
A report documenting our findings will be prepared for the project. The report will include, but not necessarily be limited to, the following:
Description of the project site and vicinity
Description of subsurface exploration and field and laboratory soil tests Summary of the laboratory test results
Project maps showing the exploration locations
If desired, the ADL survey can also be included within the ISA report DELIVERABLES:
Draft and Final Geotechnical Report
Draft and Final !SA Report
Draft and Final ADL Report
7.0 FEASIBILITY STUDY
7.1 GEOMETRIC DEVELOPMENT
In order to deliver the best intersection design for the City, Mark Thomas will explore three (3) intersection design configuration alternatives (1 four-lane traffic signal, 2 two-lane traffic signal, and 3 roundabout). The development and assessment of these alternatives will be covered under this task. These preliminary alternatives will be developed and evaluated as high-level concepts but this exercise will help the PDT determine which intersection configuration will provide the most benefit to the City and the community.
7:J. PRELIMINARY CONSTRUCTION COST ESTIMATE
Under this task, Mark Thomas will develop preliminary construction cost estimates for the geometric design alternatives considered. These cost estimates will be used to help compare the different design options. Detailed quantity take-offs for typical construction items will be based on the information developed for the above tasks. Unit prices for each item will be obtained from City and Caltrans past bid results in the area and our own. 73 FEASIBILITY STUDY MEMO
Mark Thomas will develop a Feasibility Study Memo discussing the three (3) design alternatives explored and providing a recommendation to the City for which alternative should be pursued during final design. This Feasibility Study Memo will consider pertinent design information including right-of-way impacts, utility relocations, construction costs, and the results of Fehr & Peers traffic analysis. The completion of this Feasibility Study Memo will help this project qualify for the Caltrans DEER process.
DELIVERABLES:
Preliminary Construction Cost Estimate
Draft and Final Feasibility Study Memo
Three (3) concept level design alternative exhibits
ENGINEERING DESIGN SERVICES FOR THE STATE ROUTE 165 AND
VINEYARD DRIVE INTERSECTION PROJECT
City of Los Banos
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53 8.0 GRANT WRITING
8.1 PREPARE GRANT WRITING APPLICATIONS
Under this task, Mark Thomas will help the City secure right-of-way and construction funding for the project through grant writing efforts. Mark Thomas' initial review of funding opportunities has identified several potential funding sources to pursue, including Measure V, Regional Surface Transporation Program (RSTP), Caltrans State Highway Operations and Protection Program (SHOPP), and Congestion Mitigation and Air Quality Improvement Program (CMAQ).
9.0 ENVIRONMENTAL DOCUMENTATION
9.1 TECHNICAL STUDIES (OPTIONAL)
GPA will move forward with completing the required technical studies after receiving the Notice to Proceed (NTP). GPA has a wide variety of experience in preparing the technical studies necessary to support the conclusions found in NEPA and CEQA environmental documents. These technical studies include Section 4(f) evaluations, community impact assessments, visual impact assessments, biological resource studies, and historical resource evaluations, as discussed in the following sections.
9.1.1 Cultural, Archaeological, and Paleontology Resources (OPTIONAL) Consistent with standard practices for California, DUKE CRM proposes to conduct cultural/paleontological records searches, a field survey (if necessary), and prepare a combined cultural/paleontological letter report. Additionally, we have included an optional scope for NEPA/NH PA compliance if that becomes necessary.
9.1.1.1 Research (OPTIONAL)
Under this task, GPA.will complete a Central California Information Center (CCI() record search for archaeological and historic resources, and prior cultural resource studies in Merced County, within a ½ mile radius of the project site. DUKE CRM will conduct on-line research through the University of California, Museum of Paleontology (UCMP) and contact the Native American Heritage Commission (NAHC). The NAHC will perform a Sacred Lands file search and provide a list of Native American groups. If available, relevant and available cultural resource documentation will be provided by Mark Thomas, City, and Caltrans. This may include, but is not limited to as-built site plans, prior cultural resource documents, geotechnical reports, historic maps, etc.
9.1.1.2 Field Survey (OPTIONAL)
If necessary, DUKE CRM will conduct a pedestrian survey of the project to identify any cultural/paleontological resources within the project, characterize the setting of the project, and field check any previously recorded cultural/paleontological resources discovered by the records search. This survey will not be necessary if there are no cultural/paleontological resources within or near the Project and an adequate archaeological survey of the Project has been conducted in the last 10 years. Mark Thomas will provide legal and physical access to the project areas.
9.1.1.3 Letter Report (OPTIONAL)
Upon completion of these tasks, DUKE CRM will prepare a combined cultural/paleontological resource letter report to present the findings of the cultural/paleontological research and field survey.
9.1.1.4 Archaeological Survey Report (ASR) (OPTIONAL)
If it becomes necessary, DUKE CRM will prepare a Caltrans format ASR. No additional research or field survey will be necessary. The ASR will include a project description (details provided by Mark Thomas), a natural and cultural setting section, methods, results, archaeological sensitivity analysis, impacts analysis, and recommendations for further work, if necessary. Photos, project maps, and up to five historic maps will be included.
9.1.1.5 Native American Consultation (OPTIONAL)
If it becomes necessary, DUKE CRM will conduct this coordination as part of the CEQA and/or Section 106 process. DUKE CRM will prepare and send CEQA and/or Section 106 letters to Native American groups via U.S. Certified Mail on behalf of Caltrans and/or the City. DUKE CRM will follow up with the Native America groups and help facilitate consultation between ENGINEERING DESIGN SERVICES FOR THE STATE ROUTE 165 AND
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City of Los Banos
54 the City/ Caltrans, if necessary. It is assumed that limited follow-up/ consultation will be necessary. The results of our efforts will be documented in a consultation matrix and will be attached to the ASR.
9.1.2 Historic Resources (OPTIONAL)
9.1.2.1 CEQA Historical Resources Technical Memorandum (OPTIONAL) GPA will prepare a Historical Resources Technical Memorandum (memo) to support the CEQA CE. The memo will include the results of a digital reconnaissance survey and preliminary research of the project study area. It is assumed that no previously identified or potential historical resources will be identified within the project study area and the memo will conclude that the project does not have the potential to impact historical resources as defined by CEQA.
9.1.2.2 Caltrans Historical Property Survey Report (HPSR) and Area of Potential Effect (APE) Map for Section 106 (OPTIONAL)
If the project receives federal funding, it is assumed that Caltrans District 10 will administer Section 106 compliance. The HPSR will be prepared by GPA and will summarize all identification efforts for built environment and archaeological resources. The APE Map will be prepared electronically by GPA. The APE boundary for the proposed undertaking will be delineated in consultation with Caltrans and in accordance with Attachment 3 of the Section 106 PA and appropriate sections of the Standard Environmental Reference (SER). It will be broad enough to account for potential indirect effects to adjacent resources while maintaining a reasonable level of effort given the scope of the undertaking.
Preliminary research indicates that the properties immediately adjacent to the proposed intersection improvement are likely to meet the criteria for properties exempt from evaluation in accordance with Attachment 4 of Section 106 PA.
Therefore, is assumed that the APE will not contain any properties requiring evaluation and a Historical Resource Evaluation Report (HRER) will not be required, nor will a Finding of Effect (FOE) report or Memorandum of Agreement (MOA). If this assumption proves false, GPA will prepare an amended scope and cost to prepare a HRER, FOE, and/or MOA, as applicable.
9.1.3 Natural Environmental Study (Minimal Impact) (OPTIONAL)
9.1.3.1 Database Research and Biological Study Area Delineation (OPTIONAL) GPA will review available data on biological resources recorded on and within the vicinity of the project area, including all plant and wildlife species with the potential to be in the area. GPA will delineate an appropriate Biological Study Area (BSA) that will cover the direct and indirect impact areas for the project, including temporary construction areas, and create a BSA map to be used for the biological analysis.
9.1.3.2 Field Surveys (OPTIONAL)
GPA will survey the BSA for plant and wildlife species, their signs, and/or potential habitat. Based on preliminary site investigations performed using CNDDB and Google Earth, natural communities and other jurisdictional waterways are not expected to be in the project area. GPA will confirm the potential for special-status species to be in the BSA during field surveys. GPA will inventory all botanical, and wildlife resources observed in the BSA, and will identify and record all existing vegetation communities in this area.
9.1.3.3 Natural Environmental Study (Minimal Impacts) Report (OPTIONAL) It is anticipated that a Natural Environmental Study (Minimal Impacts) NES(MI)) will be the appropriate level of documentation required. The NES(MI) will be completed pursuant to Caltrans' Standard Environmental Reference.
Following completion of the background research, site investigations, and field surveys, GPA will summarize the results of these studies in a NES(MI). GPA will coordinate with the City and Caltrans for review and approval of the NES(MI).
9.1.4 Air Quality (OPTIONAL)
9.1.4.1 Air Quality Study Report (OPTIONAL)
It is anticipated that the proposed project would be capacity increasing and that an Air Quality Study Report (AQSR) would be required. The AQSR will be prepared in accordance with Federal Highway Administration (FHWA) and California Department of Transportation (Caltrans) requirements to assess air quality and greenhouse gas (GHG) impacts associated with the proposed project. Field monitoring of meteorology and pollutant emissions is not anticipated to be required for this project and is not included in this scope of work.
ENGINEERING DESIGN SERVICES FOR THE STATE ROUTE 165 AND
VINEYARD DRIVE INTERSECTION PROJECT
City of Los Banos
55 Localized increases in mobile-source emissions attributable to this project, including carbon monoxide (CO), particulate matter (PM), and air toxics are anticipated to be minor and, therefore, will be qualitatively assessed utilizing FHWA/ Caltrans-recommended screening protocol.
The AQSR will be prepared in using the Caltrans-recommended AQSR template and in accordance with Caltransrecommended guidance and methodologies. This scope of work is limited to the evaluation of one build alternative.
9.1.4.2 Air Quality Confonnity Assessment (OPTIONAL)
In accordance with FHWA and Caltrans requirements, an Air Quality Conformity Assessment (AQCA) is anticipated to be required for the proposed project. The AQCA will be prepared, based on information contained in the AQR for the preferred build alternative. To the extent necessary, AMBIENT Air Quality & Noise Consulting will assist GPA staff with the preparation of forms and supporting documentation required for submittal of the project for interagency PM-hotspot conformity review. Attendance at the interagency review meeting is not anticipated to be required and is not included.
The AQCA will be prepared using the Caltrans-recommended AQCA template and in accordance with Caltransrecommended guidance and methodologies. This scope of work is limited to the evaluation of one build alternative.
9.1.5 Noise Study Report (OPTIONAL)
The proposed project is anticipated to result in changes in vehicle distribution patterns, volumes, and speeds on area roadways. As a result, a Noise Study Report (NSR) is anticipated to be required for this project. In accordance with FHWA and Caltrans requirements, the NSR will be prepared to assess noise impacts associated with the proposed project.
AMBIENT Air Quality & Noise Consulting will conduct ambient noise monitoring at various locations in the vicinity of the project site to document existing environmental conditions and traffic noise levels. Up to ten short-term (i.e., 10-60 minute) and one long-term (i.e., 24-hour) noise measurement surveys will be conducted, to the extent deemed necessary.
Predicted construction-generated noise levels at nearby receptors will be calculated using the Federal Highway Administration's (FHWA) Roadway Construction Noise Model. Traffic noise modeling will be conducted in accordance with FHWA/Caltrans-recommended methodologies and guidance. Accordingly, predicted traffic noise levels will be modeled using the FHWA Traffic Noise Model, version 2.5.
The NSR will be prepared using the Caltrans-recommended NSR template and in accordance with Caltrans-recommended guidance and methodologies. This scope of work is limited to the evaluation of one build alternative.
9.1.6 Visual Impact Assessment Technical Memorandum (OPTIONAL) As part of the research for this SOW for the project, the Caltrans Questionnaire to Determine Visual Impact Assessment (VIA) Level was completed to determine potential impacts of the project on visual and scenic resources. The results of the questionnaire identified a brief memorandum for addressing visual issues as the appropriate level of document for the project. GPA will prepare a VIA Technical Memo in accordance with Caltrans requirements and the Caltrans provided sample, addressing visual issues, and providing a rationale for why a technical study is not required.
9.2 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) - CATEGORICAL EXCLUSION (CE)
9.2.1 Draft CE
GPA will prepare a Draft CE, consistent with the format as provided through Caltrans SER. GPA will analyze one alternative (build alternative) as part of the CE. The document will be prepared using Caltrans CE template with revisions based on input from the City's Bureau of Engineering and Caltrans, and will include the following required CE attachments:
CE Checklist
Air Quality Checklist
Federal Transportation Improvement Program (FTIP) Project Listing Environmental Commitments Record (ECR)
Draft Notice of Exemption (NOE) signature by Caltrans and then submittal to the State Clearinghouse ENGINEERING DESIGN SERVICES FOR THE STATE ROUTE 165 AND
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56 The Draft CE will include any minimization and/or avoidance measures, as needed, and will obtain approval from the City and Caltrans on the proposed measures. GPA will prepare up to two internal review drafts of the Draft CE and will incorporate the City's and Caltrans edits and comments to obtain approval of the document.
9.2.2 Final CE
Following review and input from the City and Caltrans, GPA will then prepare a Final CE and associated attachments as noted under Task 9.2.1 and will submit it to the City and Caltrans for final review. GPA will coordinate as needed to make further revisions and obtain approval to finalize the document. The Final NOE will be sent to the State Clearinghouse once approved by Caltrans.
DELIVERABLES:
Photographs from pedestrian survey (OPTIONAL)
One draft cultural/paleontological resource letter report for review by GPA, one draft and one final report for review by the City (OPTIONAL)
One internal draft of the ASR for GPA to review, one administrative draft of the report for the City to review, one draft for Caltrans, and one final report for Caltrans (OPTIONAL) One electronic copy of the ASR and Consultation Matrix (OPTIONAL) • One electronic copy of the CEQA Historical Resources Technical Memorandum, HPSR, and APE Map (OPTIONAL) One electronic copy of the NES(MI) (OPTIONAL)
One electronic copy of the AQSR (OPTIONAL)
One electronic copy of the AQCA (OPTIONAL)
One electronic copy of the NSR (OPTIONAL)
One electronic copy of the VIA Technical Memorandum (OPTIONAL) One electronic copy of the Draft CE
One electronic copy of the CE Checklist
One electronic copy of the Air Quality Checklist
One electronic copy of the FTIP project listing
One electronic copy of the ECR
One electronic copy of the NOE
One electronic copy of the Final CE
• One electronic copy of the CE Checklist
One electronic copy of the Air Quality Checklist
One electronic copy of the FTIP project listing
One electronic copy of the ECR
One electronic copy of the NOE
10.0 RIGHT-OF-WAY SERVICES
10.1 RECORD RESEARCH & MONUMENT SEARCH
O'Dell will complete the following items under this task:
Research available records and information from the Merced County Surveyor's office as well as other available resources
Identify applicable survey records and identify controlling monuments or other physical evidence Perform field survey to locate and document all physical evidence recovered ENGINEERING DESIGN SERVICES FOR THE STATE ROUTE 165 AND
VINEYARD DRIVE INTERSECTION PROJECT
City of Los Banos
57 10.2 RIGHT-OF-WAY RETRACEMENT/PROPERTY LINE DELINEATION To complete this task, O'Dell will complete the following steps:
Analyze physical evidence and accompanying documentation, then compare with existing records and information Identify material discrepancies and weigh all available evidence Resolve the location of property boundaries, easements, rights-of-way, etc. within the project limits based on a professional assessment of all available evidence and information Document the findings in a drawing (land net map)
10.3 PRELIMINARY RIGHT-OF-WAY EVALUATION
It is assumed that two parcels will be impacted by the project. Monuments' deliverable will be a draft and final Right-ofWay Data Sheet for 1 design alternative utilizing the Caltrans format. Utility relocation costs will be provided by the project team for inclusion in the right-of-way data sheet.
The scope of work will be performed and delivered in the form of a report containing a textual description of the project areas studied, a summary of total probable costs of the study area itemized by major component, and will include detailed spreadsheets showing how the summary sheets were calculated. The spreadsheets will contain a parcel-by-parcel breakdown of all probable costs.
The final cost information determined from the accumulation of data will then be transferred into the appropriate format for application to the Right-of-Way Data Sheets, or other format required by the project.
10.4 APPRAISALS AND ACQUISITIONS
10.4.1 Record Research & Monument Search
O'Dell will prepare two (2) land description packages to support acquisitions. A land description package includes a written description, a closure report, and a plat (exhibit).
10.4.2 Title Services
Monument will procure preliminary title reports for two (2) parcels. In the event updates are required, an additional fee will be required.
10.4.3 Appraisal Services
CBRE, Inc will prepare nine USPAP compliant appraisal reports for each property for the purposes of determining the fair market value and establishing the amount of Just Compensation.
10.4.4 Appraisal Review Services
Monument's review appraiser will review each appraisal report to ensure the appraisal meets minimal reporting requirements, prepares a separate review report stating the findings, concurs with the fair market value conclusion, and recommends approval of a Statement of Just Compensation to the client.
10.4.5 Acquisition Process
Monument's Acquisition Agent will contact the property owner(s) and, if possible, meet with the owner in person at a convenient location to present the City's offer within two (2) weeks after receipt of the approved appraisal and determination of just compensation by the City. During this meeting, the agent will discuss the project, explain the property rights affecting the property, review the proposed project design, present the offer to purchase, review the salient information in the appraisal report, review the terms of the ROW Contract and answers any questions or concerns the owner may have concerning the process. An informational brochure explaining the acquisition process will also be provided.
ENGINEERING DESIGN SERVICES FOR THE STATE ROUTE 165 AND
VINEYARD DRIVE INTERSECTION PROJECT
City of Los Banos
58 Owners will be given a reasonable opportunity to consider offers, present materials they believe are relevant to determining property values and suggest modifications in the proposed terms and conditions of the purchase. Every reasonable effort will be made to acquire the necessary real property rights expeditiously through negotiations. The Acquisition Agent will proactively communicate with the property owner on a regular basis, meet in person when necessary, and respond to any questions, concerns or clarifications requested by the property owner. The Acquisition Agent will establish a file and maintain a parcel diary/log to record all communications with the property owner and/or the property owner's representative. If an amicable agreement is reached with the property owner, the Acquisition Agent will prepare a memorandum transmitting the owner's signed agreement and executed deeds to sell the property, for review and approval by the City.
After an offer is accepted and the purchase agreement is approved by the City, Monument's Escrow Coordinator will transmit the original documents to the escrow company. The Escrow Coordinator will review the updated title report and prepare a memorandum of disapproved title exceptions. The escrow company will prepare escrow instructions, transmit a copy of the purchase contract to the title company and begin the process of satisfying all monetary liens, prorating taxes and clearing adverse title exceptions and encumbrances. Upon escrow's request for funds from the City, the estimated closing amount will be deposited in escrow, and upon close, the escrow holder will record a deed and issue a title insurance policy. The Escrow Coordinator will provide ongoing support to the escrow officer to ensure the timely execution of escrow instructions, coordination of title clearance documents and processing of wire transfers. Escrow closure generally will be accomplished in 30 to 60 days.
DELIVERABLES:
Electronic copies of all records and information obtained, in various formats Digital copy of the land net drawing in AutoCAD Civil 3D 2022 format Land description packages signed and stamped by a California licensed Professional Land Surveyor Draft and Final Right-of-Way Data Sheets
Preliminary title reports
Appraisal reports
Appraisal review reports
11.0 CALTRANS PROJECT DEVELOPMENT PROCESS
11.1 DESIGN ENGINEERING EVALUATION REPORT
This scope of work assumes that a Design Engineering Evaluation Report (DEER) is the approval document that Caltrans will require of the project. Mark Thomas will prepare a DEER application for submittal to Caltrans. The application will include the required attachments including a vicinity map, Final Plans, TMP Checklist, Right of Way Data Sheet, Stormwater Data Report, PSA Report, and City environmental document. The DEER will serve as project approval and Caltrans will issue an Encroachment Permit for construction.
12.0 PERMITTING COORDINATION
12.1 RIGHT OF ENTRY NOTIFICATIONS
Mark Thomas will coordinate with the City and property owners to obtain any necessary right-of-entry agreements for conducting subsurface investigations and appraisals on private parcels.
12.2 REGULATORY PERMITTING (OPTIONAU
If requested by the City and following the completion of the field surveys, GPA will coordinate with the City and the USACE, RWQCB, and CDFW to confirm that the drainage within the project area is not considered jurisdictional. GPA will share photographs of the drainage and any field data collected during reconnaissance level surveys to obtain concurrence from the regulatory agencies on whether or not the drainage is considered jurisdictional. GPA will attend up to two coordination ENGINEERING DESIGN SERVICES FOR THE STATE ROUTE 165 AND
VINEYARD DRIVE INTERSECTION PROJECT
City of Los Banos
59 phone meetings with the City and USACE, RWQCB, and CDFW. GPA assumes phone meetings would be up to one hour in duration and attended by up to two biologists.
DELIVERABLES:
Right of Entry Notifications
Two coordination phone meetings with the City and regulatory agencies (Optional)
13.0 FINAL DESIGN
The following tasks assume that a roundabout will be selected as preferred project design as a result of the Feasibility Study performed under Task 7.0.
13.1 30% SUBMITTAL
13.1.1 Roadway Geometric Approval Drawing
The Geometric Approval Drawing (GAD) will show the roadway alignments with the ultimate roadway superimposed. It will al5o include the identification of the project impacts, which will include Right-of-Way requirements, utility relocations, etc.
The GAD will also include intersection details, design criteria, etc.
The GAD will be a stripmap will be at a scale of 1"=100'. Plans will be prepared in conformance with Highway Design Manual, AASHTO, and City of Los Banos standards.
13.1.2 Preliminary Construction Cost Estimate
Under this task, Mark Thomas will prepare probable construction cost estimate for the project. Detailed quantity take-offs for typical construction items will be based on the information developed for the above tasks. Unit prices for each item will be obtained from City and Caltrans past bid results in the area and our own.
13.1.3 Prepare Bulletin 78 Design Checklist
Submitted with the GAD, Mark Thomas will prepare design checklists indicating the proposed improvements' conformance with applicable Caltrans standards. It is assumed that the project improvements will meet all necessary Caltrans standards, therefore no design exception documentation will be required.
13.2 60% SUBMITTAL
Once the project is defined, detailed project design can begin. The PS&E package will be submitted at the 60% stage of completion for review.
The Mark Thomas team will prepare engineering plans, specifications, and estimates for the project in accordance with the Caltrans' Standards. At this time Submittals will be provided for 60% PS&E. Work products are assumed to consist of electronically submitted plans, special provisions, and cost estimates for each submittal as noted.
13.2.1 Review of 30% Comments
Under this task, Mark Thomas will make revision to the plans based on comments from the 30% Design.
ENGINEERING DESIGN SERVICES FOR THE STATE ROUTE 165 AND . VINEYARD DRIVE INTERSECTION PROJECT
City of Los Banos
60 13.2.2 Roadway Plans
Mark Thomas will create the following sheets for the roadway plan package:
Roadway Plans (approximate number of sheets):
Title Sheet
General Notes
Project Control ~, --- -·---- -· - -
Typical Sections - ·------ ·- -- Plan/Profile
Construction Details
Drainage Plan, Details, and Quantities
Utility Plan - ----· --- - Construction Area Signs
Stage Construction Plans, Details, and Quantities
Traffic Handling Plans and Quantities
Signage and Striping Plans, Details, and Quantities
Summary of Quantities
Erosion Control Plans and Quantities
Total Estimated Roadway Plan Sheets -~-- .... ~-···· .. ---~ - ·- -~--------~-----
ESTIMATED NUMBER OF SHEETS
1 1
2 5
5 3
3 5
4 7
2 5
45 sheets
r
11 O'Dell will prepare the Project Control Sheet to document and depict the primary and secondary project control, horizontal and vertical datums, coordinate system, basis of bearings, units, etc.
13.2.3 Special Provisions
Mark Thomas will prepare specifications in accordance with the Caltrans standards to the extent that such standards apply to the work in question. In addition to the technical specifications, Mark Thomas will prepare special or supplemental conditions for the construction contract.
13.2.4 Construction Cost Estimate
Mark Thomas shall prepare an itemized engineer's estimate for the 60% submittal. Mark Thomas will prepare detailed quantities in accordance with Caltrans standard specifications and payment items. The unit costs shall be determined by reviewing similar recent project bid summaries, the most current Caltrans Contract Cost Data book, the California highway Construction Cost Index information, and the Caltrans Engineering Service Center site.
13.2.5 General Cross Sections
Mark Thomas will use AutoCAD Civil 3D to develop preliminary general cross sections for the new and widened roadway and will be placed on a grid showing the existing ground, subgrade and finished surface. The cross sections will be used to determine the proposed right-of-way locations. The cross sections will be developed at approximately SO-foot intervals.
13.2.6 Constructability Review
Following the 60% submittal, Mark Thomas will follow standard Caltrans practice which involves having a registered professional engineer who is independent from the project to conduct an independent constructability review of the project plan set. This will consist of a review of all proposed improvements relative to potential utility and right of way conflicts.
ENGINEERING DESIGN SERVICES FOR THE STATE ROUTE 165 AND
VINEYARD DRIVE INTERSECTION PROJECT
City of Los Banos
61 13.3 90% SUBMITTAL
Upon approval of the 60% plans, Mark Thomas will prepare the PS&E for the 90% submittal. The submittal shall include a letter addressing comments from the previous submittal as well as revised plans, specifications, and estimate as necessary to address review comments. This submittal represents complete final plans that will be included in the biddable plan package. Major design features have been reviewed; however, because of the review comments received for the 60% submittal there may be some plan details that will be submitted for the first time. From this point all minor "clean-up" revisions will occur. The plans are at the level ready for a detailed quality control check and ready for the utility companies to begin relocation design cs· Plans).
13.3.1 Review of 60% Design Comments
Mark Thomas will review the 60% review comments and reconcile comments as needed with the reviewer prior to proceeding with the preparation of the 90% plans.
After reconciling any conflicting comments, Mark Thomas will make the requested changes to the project plans based on the 60% review comments. A comment resolution table will be prepared that documents all the comments received, and responses given. Quality Control reviews will be performed before submittals.
The following represents the plans to be updated to 90%.
13.3.2 Update Roadway Plans
This submittal will represent a complete, biddable plan package. Major design features will have been reviewed; however, because of the review comments received for the 60% submittal, there may be some plan details that will be submitted for the first time. From this point, all minor "clean-up" revisions will occur.
13.3.3 Update Special Provisions
Special provisions shall be updated and revised. An updated BEES listing shall be included, with appropriate SSP referenced adjacent to the contract item. Stricken text will be shown, to be hidden with the final specifications.
13.3.4 Update Construction Cost Estimate
Mark Thomas shall update the itemized engineer's estimate for the 90% submittal. The estimate will use Caltrans BEES format.
13.3.5 Update General Cross Sections
General cross sections will be updated to reflect revisions from the comments received. Updates will ensure that plan revisions can be constructed within the project right-of-way.
13.3.6 Biddability Review
Following the 90% submittal, Mark Thomas will follow standard Caltrans practice which involves having a registered professional engineer who is independent from the project to conduct an independent biddability review of the project plans and specifications. This will consist of review the plans and specifications to identify areas of potential claims so that they can be rectified prior to project advertisement approval.
13.4 100% SUBMITTAL
13.4.1 Review of 90% Design Comments
Mark Thomas will review the 90% review comments and reconcile comments as needed with the reviewer prior to proceeding with the preparation of the 100% plans. A comment resolution table will be prepared that documents all comments and responses.
13.4.2 Update Roadway Plans
This submittal represents a completed Bid Set, ready for bidding. Major design features have been reviewed at least twice at this stage.
ENGINEERING DESIGN SERVICES FOR THE STATE ROUTE 165 AND
VINEYARD DRIVE INTERSECTION PROJECT
City of Los Banos
----- -- --
62 13.4.3 Update Special Provisions
Special provisions shall consist of revised Caltrans Special Provisions, with new specials and inserts clearly marked. An updated BEES listing shall be included, with appropriate SSP referenced adjacent to the contract item. Stricken text will hidden with the final specifications.
13.4.4 Update Construction Cost Estimate
Mark Thomas shall update the itemized engineer's estimate for the 100% submittal. The estimate will use Caltrans BEES format.
13.4.5 Update General Cross Sections
General cross sections will be updated to reflect revisions from the comments received. Updates will ensure that plan revisions can be constructed within the project right-of-way. General Cross Sections will not be part of the bid documents but will be provided to the contractor upon request.
13.5 PREPARE FINAL PS&E SUBMITTAL
Under this task, the final round of comments will be addressed followed by final plotting and compilation of the bid documents. The Special Provisions will be edited into their final format to include the bid quantities, proposal, and contract.
DELIVERABLES:
Roadway Geometric Approval Drawing
Electrical Concept Plan
Preliminary Construction Cost Estimate
Bulletin 78 Design Checklist
Comment Resolution Tables (60% Comments and 90% Comments) Roadway Plans (60%, 90%, and 100%)
Electrical Plans (60%, 90%, and 100%) (Optional)
Special Provisions (60%, 90%, and 100%)
Cost Estimate (60%, 90%, and 100%)
General Cross Sections (90%, and 100%)
14.0 PRE-CONSTRUCTION ENGINEERING SERVICES
14.1 BIDDING ASSISTANCE
The City will advertise the project for bidding and distribute the plans to prospective bidders. The City's project manager will be the designated person to receive contractor inquiries. Mark Thomas will assist the City as requested during bidding.
The work may include answering questions, providing interpretation of the construction documents, and assisting in preparation of addenda to the PS&E during the advertisement period. Mark Thomas has included a fee for this task; however, the level of work effort will depend on the contractor and the RE for the project. Work performed beyond the budget for this task will be performed on a time and materials basis.
15.0 CONSTRUCTION SUPPORT SERVICES
15.1 CONSTRUCTION ASSISTANCE
Mark Thomas and team will attend a Pre-Construction Meeting (Total 1) and As-Required Construction Progress Meetings (Total 3). Mark Thomas and team will respond to up to twenty (20) Requests-for-Information (RFls) from the Contractor.
This task also includes providing engineering services for revisions to construction documents resulting from changed field ENGINEERING DESIGN SERVICES FOR THE STATE ROUTE 165 AND
VINEYARD DRIVE INTERSECTION PROJECT
City of Los Banos
63 conditions or other design changes initiated during construction of the Project. Subsequent Change Order documentation and processing will be prepared by the City's Construction Manager and/or Resident Engineer and is not included in this scope of work. Mark Thomas has included a fee for this task; however, the level of work effort will depend on the contractor and the RE for the project. Work performed beyond the budget for this task will be performed on a time and materials basis.
15.2 RECORD DRAWINGS
Following the completion and acceptance of the project, Mark Thomas will furnish the City with a complete set of full-size reproducible drawings showing as-built conditions. Mark Thomas will use RE provided as-built corrections to make a set of Record drawings for the City. Revisions will be based solely on as-built information provided to Mark Thomas by the City and on any authorized design changes undertaken by Mark Thomas through the course of the project.
DELIVERABLES:
Record Drawings
Assumptions:
The following assumptions/clarifications are included within this scope of services:
This project will be advertised, awarded, and administered by the City and the City will coordinate reproductions of the bid package
It is assumed that the project will disturb more that 5 acres of soil, therefore a Long Form SWOR will be required Scope assumed that no design exceptions will be required This scope assumes that Caltrans will approve of a DEER being used to approve the project. If Caltrans requires a more robust (beyond a DEER) approval document, Mark Thomas will seek authorization from the City prior to proceeding This scope assumes that a roundabout will be selected as the final design alternative. If a signal is selected instead, scope adjustments will be necessary.
This scope assumes that federal funding will not be obtained for the project, therefore a NEPA CE will not be required Scope does not include permitting fees applicable to survey related tasks Obstructed or inaccessible areas may not be mapped
Scope does not include survey monument preservation as defined and required by Section 8771 of the Professional Land Surveyors' Act
Scope does not include preparation of a record-of-survey map or corner record GPA has not included filing fees associated with the environmental document as part of the cost submitted The City will provide the GIS information and data for mapping purposes Protocol-level wildlife surveys to determine presence/absence of federally or state threatened and endangered species, if required, are not included in this scope of work A Section 6(t) Evaluation is not included in this scope of work For the purposes of this proposal DUKE CRM does not anticipate the identification of any cultural/paleontological resources within the project boundaries
Native American Consultation - Limited follow-up/consultation is anticipated and included herein This scope of work assumes that the proposed project would not be considered a project of air quality concern (POAQC) with regard to localized PM air quality conformity ENGINEERING DESIGN SERVICES FOR THE STATE ROUTE 165 AND
VINEYARD DRIVE INTERSECTION PROJECT
City of Los Banos
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65 THIS PAGE IS INTENTIONALLY LEFT BLANK
66 LOsBanos
At the Crossrva,ls of Califoruitl
REQUEST FOR PROPOSALS
for
ENGINEERING DESIGN SERVICES FOR
THE STATE ROUTE 165 AND VINEYARD
DRIVE INTERSECTION PROJECT
Date Released: May 10, 2023
Questions with regard to submission, process, or proposal can be emailed to:
Soknirorn Than, P.E.
Public Works Director/City Engineer
nirorn. [email protected]
Proposals must be received prior to 2:00 p.m. June 7, 2023 at the office of City Clerk
City of Los Banos
520 J Street
Los Banos, CA 93635
www.losbanos.org
67 TABLE OF CONTENTS
Request for Proposals
Engineering Design Services for the State Route 165 and Vineyard Drive Intersection Project
Request for Proposal ......................................... ............................................... 1 Project Description and Background ................... .............................................. 3 Scope of Services ............................................................................................ 3 Purpose of Work
General Personnel Requirements
Method of Payment
Materials to Be Provided by the Consultant
Appendix A: Submittal Requirements .......................................................... ..... 5 Appendix B: Proposal Evaluation ...................................................................... 8 Appendix C: Sample Contract Agreement ...................................................... 12 Appendix D: Required Caltrans Local Assistance Forms ...................... .......... 20 Exhibit 1 0-H1 Cost Proposal
68 REQUEST FOR PROPOSALS
Engineering Design Services for the State Route 165 and Vineyard Drive Intersection Project
NOTICE IS HEREBY GIVEN that the City of Los Banos is requesting proposals from qualified consultants to provide engineering design, environmental clearance, and construction support for improvements to the State Route 165 and Vineyard Drive Intersection Project.
All qualified consultants interested in providing these services are invited to submit their proposal. The proposals will be evaluated and ranked according to the criteria provided in Appendix B, "Proposal Evaluation," of this Request for Proposal (RFP).
It shall be the Consultant's responsibility to check the City of Los Banos' website (www.losbanos.org) to obtain any addenda that may be issued.
The Consultant's attention is directed to Appendix A, "Submittal Requirements." Submit five (5) hard copies and one (1) electronic copy in PDF format on a USB flash drive of the Consultant's proposal. The hard copies and USB flash drive shall be mailed or submitted to the City of Los Banos, 520 J Street, Los Banos, CA 93635, prior to 2:00 p.m., Pacific Standard Time (PST), June 7, 2023. Proposals shall be submitted in a sealed package clearly marked "ENGINEERING DESIGN SERVICES FOR THE STATE ROUTE 165 AND VINEYARD DRIVE INTERSECTION PROJECT" and addressed as follows:
City of Los Banos
Attention: City Clerk
520 J Street
Los Banos, CA 93635
No late submittals will be accepted. The City may conduct interviews of the top-ranking consultants in order to make a final selection. The successful consultant will be recommended to the City Council for authorization to enter into a Professional Services Agreement for the engineering design services of the State Route 165 and Vineyard Dr. intersection.
Failure to comply with the requirements set forth in this Request for Proposal may result in disqualification. Proposals and/or modifications received subsequent to the hour and date specified above will not be considered. Submitted proposals may be withdrawn at any time prior to the submission time specified in this Request for Proposal, provided notification is received in writing before the submittal deadline. Proposals cannot be changed or withdrawn after the submittal deadline. No handwritten notations or corrections will be allowed. The responding Consultant is solely responsible for all costs related to the preparation of the proposal.
The City of Los Banos reserves the right to reject all proposals and to waive any minor informalities or irregularities contained in this proposal. Acceptance of any proposal submitted pursuant to this Request for Proposal shall not constitute any implied intent to enter into a contract.
The contract award, if any, will be made to the consultant who, in the City's sole discretion, is best able to perform the required services in a manner most beneficial to the City. The completed Fee Schedule in Appendix D shall be submitted with the proposal in its own separately sealed envelope. The Consultant shall not include this cost proposal in the USB as an electronic file.
City of Los Banos Request for Proposals - Engineering Design Services for the State Route 165 and Vineyard Drive Intersection Project 1 69
The City intends to follow, but will not be bound by, the following selection timeline:
Release of Advertisement of RFP 05/10/2023
Deadline to Submit Questions/Clarifications 5:00 P.M. 05/22/2023 Addendum/Questions/Clarifications Posted 5:00 P.M. 05/26/2023 Deadline for Proposal Submittal 2:00 P.M. 06/07/2023
Award Date 06/21/2023 (Tentative)
Any questions with regard to submissions, process, or proposals can be emailed to Soknirorn Than, Public Works Director/City Engineer at [email protected]. Questions shall be submitted before 5:00 P.M. PST on May 22, 2023. Any response to a request for clarification, questions and answers will be posted to the City's website at www.losbanos.org no later than 5:00 P.M. PST on May 26, 2023 and if necessary, shall become a part of the proposal as an addendum.
The Request for Proposal can be viewed and/or obtained from the City of Los Banos website at www.losbanos.org.
No oral questions or inquiries ab out the RFP shall be accepted.
City of Los Banos Request for Proposals - Engineering Design Services for the State Route 165 and Vineyard Drive Intersection Project 2 70
PROJECT DESCRIPTION AND BACKGROUND
The State Route 165 (SR 165) and Vineyard Drive Intersection Project is located north of Overland Avenue. Vineyard Drive is a two-lane divided collector that currently terminates at the west side of Caltrans right of way for SR 165 and does not connect to the highway. The east side of SR 165 is Dove Avenue that provides side street stop-controlled connection to the highway. The proposed project will extend Vineyard Drive to SR 165, signalize the intersection, and provide utility coordination/relocations (undergrounding of overhead line), and enclose the ditch into a pipeline.
The City will select a qualified consulting firm to provide engineering design services for the proposed project. The selected consultant shall have the ability to provide in-house services, or the capacity to hire subconsultants, for engineering design, Caltrans coordination and approvals, environmental generalists and environmental technical studies, traffic engineering, and project funding to complete the requirements of the project. The consultants must be knowledgeable and experienced in the preparation of intersection design, traffic signal design, Caltrans on-system approval process, CEQA and NEPA compliant environmental documents, and utility relocations.
Consultants who plan to subconsultants for any of the required services of a project contained in this RFP shall include the name of the company(ies) and description of project services that may be potentially sublet.
The project services are to be rendered for the duration of the contract term. The City intends to award one (1) contract to professional services firms. The City does not guarantee a specific dollar amount of the project will be contracted.
SCOPE OF SERVICES
PURPOSE OF WORK
The selected consultant may provide services to the City for the State Route 165 and Vineyard Drive Intersection Project including, but not limited to, the following:
• Prepare Plans Specifications and Estimates
• Lead Caltrans coordination and approvals
• Design level survey and right of way mapping
• Prepare right of way appraisals and acquisition documents (if needed) • Lead utility coordination and undergrounding/relocation • Design underground open channel
• Prepare draft and final CEQA documentation
• Provide environmental permitting support
• Assist City with MCAG coordination
• Bidding assistance and construction support
Deliverables
• 35%, 65%, 95%, and Final construction documents
• Draft and final CEQA/NEPA documents
GENERAL PERSONNEL REQUIREMENTS
The consultant(s)'s personnel shall be capable, competent, and experienced in performing the types of work in this Contract with minimal instruction. Personnel skill level should match the City of Los Banos Request for Proposals - Engineering Design Services for the State Route 165 and Vineyard Drive Intersection Project 3 71
specific job classifications, as set forth herein or in the consultant's Cost Proposal and task complexity. The consultant's personnel shall be knowledgeable about, and comply with, all applicable Federal, State, and Local laws and regulations.
The consultant(s) is required to submit a written request and obtain the City's Contract Administrator's prior written approval for any substitutions, additions, alterations, or modifications to the consultant's originally proposed personnel and project organization, as depicted on the proposed consultant's organization chart or the consultant's cost proposals. The substitute personnel shall have the same job classification as set forth herein or in the consultant's Cost Proposal not exceed the billing rate, and meet or exceed the qualifications and experience level of the previously assigned personnel, at no additional cost to the City.
The consultant project manager shall have a documented minimum five (5) years of demonstrated experience acceptable to City in management and delivery of federally funded transportation projects for local agencies.
In addition to other specified responsibilities, the consultant(s) Project Manager shall be responsible for all matters related to the consultant's personnel, subconsultants, and consultant's and sub- consultants' operations including, but not limited to, the following:
a. Ensuring that deliverables are clearly defined and those criteria are specific, measurable, attainable, realistic and time-bound.
b. Supervising, reviewing, monitoring, training, and directing the consultant's and subconsultants' personnel. c. Assigning qualified personnel to complete the required tasks in coordination with the City Contract Administrator.
d. Administering personnel actions for consultant personnel and ensuring appropriate actions taken for Subconsultant personnel
e. Maintaining and submitting organized project files for record tracking and auditing. f. Developing and attending scheduled coordination meetings. g. Implementing and maintaining quality control procedures to manage conflicts, ensure product accuracy, and identify critical reviews and milestones. h. Assuring that all applicable safety measures are in place. i. Providing invoices in a timely manner and providing monthly Contract expenditures. j. Reviewing invoices for accuracy and completion before billing to City. k. Managing Subconsultants.
I. Managing overall budget for Contract and provide report to the City Contract Administrator. m. Ensuring compliance with the revisions in the Contract. n. Knowledge, experience, and familiarity with prevailing wage issues and requirements in the State of California.
METHOD OF PAYMENT
Consultant shall be paid based on the Specific Rates of Compensation for this Contract and for the amount as agreed upon by the City and Consultant. Consultant shall submit request for monthly progress payments.
MATERIALS TO BE PROVIDED BY THE CONSULTANT
Unless otherwise specified, the consultant shall provide all materials to complete the required work in accordance with the delivery schedule and cost estimate.
City of Los Banos Request for Proposals - Engineering Design Services for the State Route 165 and Vineyard Drive Intersection Project 4 72
APPENDIX A - SUBMITTAL REQUIREMENTS
These guidelines are provided for standardizing the preparation and submission of proposals by all consultants. The intent of these guidelines is to assist consultants in preparation of their qualifications, to simplify the review process, and to help ensure consistency in format and content.
Proposals shall contain the following information in the order listed:
1. Introductory Letter
The introductory (or transmittal) letter shall be addressed to:
Soknirorn Than P.E., Public Works Director/City Engineer 411 Madison Ave
Los Banos, CA 93635
The letter shall be on consultant letterhead and include the consultant's contact name, mailing address, telephone number, facsimile number, and email address. The letter will address the consultant's understanding of the services being requested and any other pertinent information the Consultant believes should be included. All addendums received must be acknowledged in the transmittal letter.
The letter shall be signed by the individual authorized to bind the consultant to the proposal.
2. Consultant Information, Qualifications & Experience
The City will only consider submittals from consultants that demonstrate they have successfully completed comparable projects. These projects must illustrate the quality, type, and past performance of the project team. Submittals shall include a detailed description of a minimum of three (3) projects involving Caltrans approvals which include the following information:
1. Contracting agency
2. Contracting agency Project Manager/Contact Person including name, address and phone
3. Contracting agency contact information
4. Contract amount
5. Date of contract
6. Date of completion
7. Consultant Project Manager and contact information
Project experience on the State Highway System involving Caltrans District 10 is preferred.
3. Organization and Approach
1. Describe the roles and organization of your proposed team for this project. Indicate the composition of subcontractors and number of project staff, facilities available and experience of your team as it relates to this contract. Provide an organizational chart.
2. Describe your project and management approach.
3. Describe the roles of key individuals on the team. Provide resumes and references for all key team members. Resumes shall show relevant experience, for the Project's Scope of Work, City of Los Banos Request for Proposals - Engineering Design Services for the State Route 165 and Vineyard Drive Intersection Project 5 73
as well as the length of employment with the proposing Consultant. Key members, especially the Project Manager, shall have significant demonstrated experience with this type of project, and should be committed to stay with the project for the duration of the project.
4. Demonstrate that the consultant's project manager and project staff have sufficient availability and/or that consultant has sufficient resources to timely deliver City's projects.
4. Past Experience on Municipal Projects
Include a description of past municipal projects (minimum of five) in which your firm has been involved, for comparable cities, counties, or Caltrans including the following:
• Project Description
• Year of Completion
• Construction Cost (or consultant cost, if not an infrastructure project) • City Contact
5. Conflict of Interest Statement
Throughout the term of the awarded contract, any person, firm or subsidiary thereof who may provide, has provided, or is currently providing design engineering services and/or construction engineering services under a contractual relationship with a construction contractor(s) on any City project related to this solicitation.
Similar to the disclosures regarding contractors, all firms are also required to disclose throughout the term of the awarded contract, any design engineering services including claim services, lead project management services and construction engineering services provided to all other clients on any City project listed in this solicitation.
In addition to the disclosures, the consultant shall also provide possible mitigation efforts, if any, to eliminate or avoid any actual or perceived conflicts of interest.
The consultant shall ensure that there is no conflict before providing services to any construction contractor on any of the City's projects related to this solicitation. The submitted documentation will be used for determining potential conflicts of interest. The City will use this documentation to determine whether the firm may provide the specified services under this contract.
If a consultant discovers a conflict during the execution of an assigned task, the consultant must immediately notify the City Contract Manager regarding the conflicts of interest. The City Agency Contract Manager may terminate the task involving the conflict of interest and City may obtain the conflicted services in any way allowed by law. Failure by the consultant to notify City Contract Manager may be grounds for termination of the contract.
6. Litigation
Indicate if the proposing consultant was involved with any litigation in connection with prior projects. If yes, briefly describe the nature of the litigation and the result.
7. Contract Agreement
Indicate if the proposing consultant has any issues or needed changes to the proposed contract agreement included as Appendix C.
City of Los Banos Request for Proposals - Engineering Design SeNices for the State Route 165 and Vineyard Drive Intersection Project 6 74
The consultant shall provide a brief statement affirming that the proposal terms shall remain in effect for ninety (90) days following the date proposal submittals are due.
8. Cost Proposal
In order to assure that the CITY is able to acquire professional services based on the criteria set forth in the Brooks Act and Government Code 4526, the proposal shall include the consultant's Specific Rates of Compensation for this contract. The cost proposal shall be provided on the attached LAPM 10-H1 Cost Proposal Form - Design, Engineering and Environmental Studies (Appendix DJ. The 10-H1 Cost Proposal must be submitted in a separate sealed envelope from the proposal. The consultant's Specific Rates of Compensation are confidential and shall remain sealed. Upon completion of the consultant selection process, only the cost proposal from the selected consultant shall be opened. All other (unopened) cost proposals shall be returned in accordance with Appendix B.
City of Los Banos Request for Proposals - Engineering Design Services for the State Route 165 and Vineyard Drive Intersection Project 7 75
APPENDIX B - PROPOSAL EVALUATION
EVALUATION PROCESS
All submittals will be evaluated by City Selection Committee. The Committee may be composed of City staff and other parties that may have expertise or experience in the services described herein.
The Committee will review the submittals and will rank the proposers. The evaluation of the proposals shall be within the sole judgment and discretion of the Committee. All contacts during the evaluation phase shall be through the City Contract Administrator/Project Manager only. Proposers shall neither contact nor lobby evaluators during the evaluation process. Attempts by Proposer to contact members of the Committee may jeopardize the integrity of the evaluation and selection process and risk possible disqualification of Proposer.
The Committee will evaluate each submittal meeting the qualification requirements set forth in this RFP. Proposers should bear in mind that any submittal that is unrealistic in terms of the technical or schedule commitments may be deemed reflective of an inherent lack of technical competence or indicative of a failure to comprehend the complexity and risk of the City requirements as set forth in this RFP.
The selection process may include oral interviews. The consultants will be notified of the time and place of oral interviews and if any additional information that may be required to be submitted.
Interviews, if deemed necessary, will be held with the top ranked candidates.
Upon completion of the evaluation and selection process, only the cost proposal from the top qualified consultant will be opened to begin cost negotiations. All unopened cost proposals will be returned at the conclusion of the procurement process. Upon acceptance of a cost proposal and successful contract negotiations, staff will recommend a contract be awarded.
EVALUATION CRITERIA
Proposals will be evaluated according to each Evaluation Criteria, and scored on a zero to five point rating. The scores for all the Evaluation Criteria will then be multiplied according to their assigned weight to arrive at a weighted score for each proposal. A submittal with a high weighted total will be deemed of higher quality than a proposal with a lesser-weighted total. The final maximum score for any proposal is five hundred (500) points.
Rating Scale
0 Not Non-responsive, fails to meet RFP specifications. The approach has no probability of Acceptable success. For mandatory requirement this score will result in disqualification of submittal.
Below average, falls short of expectations, is substandard to that which is the average 1 Poor or expected norm, has a low probability of success in achieving project objectives per RFP.
2 Fair Has a reasonable probability of success, however, some objectives may not be met.
Acceptable, achieves all objectives in a reasonable fashion per RFP specification. This 3 Average will be the baseline score for each item with adjustments based on interpretation of submittal by Evaluation Committee members.
4 Above Very good probability of success, better than that which is average or expected as the Average/Good norm. Achieves all objectives per RFP requirements and expectations.
Excellent/ Exceeds expectations, very innovative, clearly superior to that which is average or 5 Exceptional expected as the norm. Excellent probability of success and in achieving all objectives and meeting RFP specification.
City of Los Banos Request for Proposals - Engineering Design SeNices for the State Route 165 and Vineyard Drive Intersection Project 8 76
The Evaluation Criteria Summary and their respective weights are as follows:
No. Written Evaluation Criteria Weight
1 Completeness of Response Pass/Fail
2 Qualifications & Experience 30
3 Organization & Approach 15
4 Past Experience on Municipal Projects 20
Involving Caltrans
5 Staff Availability 15
6 Conflict of Interest Statement Pass/Fail
7 Familiarity with State & Federal Procedures 5
8 References 15
Subtotal: 100
No. Interview Evaluation Criteria (if Weight
interviews are necessary)
9 Presentation by Team 10
10 Q&A Response to Panel 15 Questions
Subtotal: 25
Total: 125
1. Completeness of Response (Pass/Fail)
a. Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the items listed below will be considered incomplete, be rated a Fail in the Evaluation Criteria and will receive no further consideration. Responses that are rated a Fail and are not considered may be picked up at the delivery location within 14 calendar days of contract award and/or the completion of the competitive process.
2. Qualifications & Experience (30 points)
a. Relevant experience, specific qualifications, and technical expertise of the firm and subconsultants to conduct civil engineering services on capital improvement projects.
3. Organization & Approach (15 points)
a. Describes familiarity of project and demonstrates understanding of work completed to date and project objectives moving forward
b. Roles and Organization of Proposed Team
i. Proposes adequate and appropriate disciplines of project team. ii. Some or all of team members have previously worked together on similar project(s).
iii. Overall organization of the team is relevant to CITY needs. c. Project and Management Approach
i. Team is managed by an individual with appropriate experience in similar projects.
This person's time is appropriately committed to the project. ii. Team successfully addresses roadway and bridge planning and design efforts.
City of Los Banos Request for Proposals - Engineering Design Services for the State Route 165 and Vineyard Drive Intersection Project 9 77
iii. Project team and management approach responds to project issues. Team structure provides adequate capability to perform both volume and quality of needed work within project schedule milestones.
iv. Ability of project team to meet the tight timelines and budget of the project as a whole and during the individual phases.
d. Roles of Key Individuals on the Team
i. Proposed team members, as demonstrated by enclosed resumes, have relevant experience for their role in the project.
ii. Key positions required to execute the project team's responsibilities are appropriately staffed.
e. Working Relationship with City
i. Team and its leaders have experience working in the public sector and knowledge of public sector procurement process.
ii. Team leadership understands the nature of public sector work and its decisionmaking process. iii. Proposal responds to need to assist City during the project.
4. Past Experience on Municipal Projects Involving Caltrans (20 points) a. Consultant demonstrates experience with performance of services within the comparable cities for projects similar in nature to those related to this solicitation. b. Consultant demonstrates successful completion of said projects. c. Consultant is familiar with City standards and procedures. d. Consultant demonstrates experience delivering projects involving Caltrans.
5. Staff Availability (15 points)
a. Consultant demonstrates project team staff is available and able to promptly respond to requests throughout the contract duration in order to timely deliver projects.
6. Conflict of Interest Statement (Pass/Fail)
a. Discloses any financial, business or other relationship with the City that may have an impact upon the outcome of the contract or the construction project. b. Lists current clients who may have a financial interest in the outcome of this contract or the construction project that will follow.
c. Discloses any financial interest or relationship with any construction company that might submit a bid on the construction project.
7. Familiarity with State and Federal Procedures (5 points) a. Demonstrates past experience working on state and federally funded projects including but not limited to RSTP, CMAQ, HSIP, ATP, etc.
b. Demonstrates familiarity with the Federal Aid Program and Caltrans Local Assistance
8. References (15 points)
a. Provide as reference the name of at least three (3) agencies you currently or have previously consulted for in the past three (3) years.
9. Presentation by Team (if necessary) (10 points)
a. Team presentation conveying project understanding, communication skills, innovative ideas, critical issues i:!nd solutions.
10. Q&A Response to Panel Questions (if necessary) (15 points) a. Proposer provides responses to various interview panel questions.
City of Los Banos Request for Proposals - Engineering Design Services for the State Route 165 and Vineyard Drive Intersection Project 10 78
Weighted scores for each Proposal will be assigned utilizing the table below:
Rating No. Evaluation Criteria (0-5)
1 Completeness of Response N/A
2 Qualifications & Experience
3 Organization & Approach
4 Past Experience on Municipal Projects
lnvolvinQ Caltrans
5 Staff Availability
6 Conflict of Interest Statement
7 Familiarity with State and Federal
Procedures
8 References
9 Presentation by Team
10 Q&A Response to Panel Questions
Total:
City of Los Banos Request for Proposals - Engineering Design Services for the State Route 165 and Vineyard Drive Intersection Project Weight
Pass/Fail
30 15
20 15
Pass/Fail
5 15
10 15
125
Score
(Rating*
Weight)
Pass/Fail
11 79
APPENDIX C -SAMPLE CONTRACT AGREEMENT
..
City of Los Banos Request for Proposals - Engineering Design Services for the State Route 165 and Vineyard Drive Intersection Project 12 80
APPENDIX D -REQUIRED CAL TRANS
LOCAL ASSISTANCE FORMS
City of Los Banos Request for Proposals - Engineering Design Services for the State Route 165 and Vineyard Drive Intersection Project 24 81
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82 LOsBanos . tl1e C · ·-, ,1..d. · OJ L- , nia
Agenda Staff Report
TO: Mayor and City Council Members
FROM: Soknirorn Than, P.E., Public Works Director/City Engineer ~ / l__ DATE: July 19, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing Change Order No. 1 to the Construction Contract with Pro Group Painting for the Exterior Painting of Four City-Owned Buildings Recommendation:
That the City Council adopts the Resolution authorizing the Public Works Director/City Engineer to execute Change Order No. 1 to the Construction Contract with Pro Group Painting for the Exterior Painting of Four City-Owned Buildings for a total of $87,454.00.
Background:
The four city-owned buildings: City Hall, Miller & Lux, Police Annex and Fire Station #1 are in need of minor exterior surface repairs and new coating of paint. Observation of the buildings showed deterioration in different areas and the discoloration of the exterior paint on the buildings.
The Public Works Department released the bid documents for the exterior painting of four city-owned buildings: City Hall, Miller & Lux, Police Annex and Fire Station #1 on March 29, 2023. The public notice was advertised in the Merced Sun Star on March 29, 2023.
The bid opening occurred on April 27, 2023.
The Public Works Department, through the office of the City Clerk, received ten (10) timely bids. After a detailed review of the submitted bid documents from staff, staff determined that Pro Group Painting is the lowest responsive and responsible bidder. Therefore, on May 17, 2023, City Council awarded the contract to Pro Group Painting for a total amount of $143,767.00 with a 10% contingency in the amount of $14,376.00.
ITEM 6F
83 Discussion:
To-date, the contractor has completed the painting work for the Police Annex and is in the process to start Miller and Lux, and Fire Station No. 1.
Through the initial evaluation and value engineering process, City management along with the Pro Group Painting have determined that additional stucco repair and upgrade is warranted at City Hall. This repair includes the following:
• Application of bonder substrate
• Application of stucco skim coat
• Acrylic medium smooth finish coat
• Application of stucco Integral color
The smooth stucco finish has an estimated life expectancy of approximately ten times that of a paint finish. Secondly, this new finish would enhance and elevate the City Hall exterior design. Below is the exam le of this roduct.
Along with City Hall, this smooth stucco finish with integral color would also be applied to the existing tile veneer at the Police Annex. The existing tiles are in poor condition and require immediate replacement. These existing tiles are no longer produced and the exact match is longer available.
84 . .,
TIie vennr tobe repla~
With amoolh 8IUCCO,
Fiscal Impact:
Currently, there is sufficient funding available in the Fiscal Year 2023/24 Budget. The Change Order amount will be split between General Fund Administration and General Fund Measure H. The original 10% contingency of $14,376.00 shall be extended and be available for any Mure unforeseen conditions.
Brent Kuhn, Interim Finance Director
Attachments:
Resolution
Change Order No. 1
85 THIS PAGE IS INTENTIONALLY LEFT BLANK
86 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. 1 TO THE
CONTRACT AGREEMENT FOR THE EXTERIOR
PAINTING OF FOUR CITY-OWNED BUILDINGS
TO PRO GROUP PAINTING FOR THE STUCCO
WORK AT CITY HALL AND POLICE ANNEX AND
TO INCREASE THE PROJECT CONTINGENCY
TO $87,454.00.
WHEREAS, the City of Los Banos is entering into the Contract Change Order No. 1 for the Contract Agreement for the Exterior Painting of Four City-Owned Buildings to Pro Group Painting; and
WHEREAS, the term of the Contract Change Order shall be effective upon execution of the parties to this contract; 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 $87,454.00; 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. 1 to the Contract Agreement for the Exterior Painting of Four City-Owned Buildings to Pro Group Painting for the stucco work at City Hall and Police Annex.
2. Increase the project contingency amount to $87,454.00 and authorize the Public Works Director/City Engineer to execute the Change Order up this amount.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th 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:
87 AYES:
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
88 Change Order No. 1 - Stucco of City Hall and Police Annex PROJECT: Exterior Paint of 4 City-Owned Buildings
OWNER: =C=ity&,....:.; of:....:l=o=s-=B=a;..:_no=s'-------- CONTRACTOR: Pro Group Painting
The following changes are hereby made to the CONTRACT DOCUMENTS:
1. The following Bid Items have been added:
No. Description
CCOl Stucco- 2 Buildings
Original
Quantity
0 Final
Quantity
1 Adjusted Type of
Quantity Unit
1 LS
Date: June 28, 2023
Agreement Date: June 2, 2023
Unit Cost
$87,454.00
Amount
Increased/Decreased
$87,454.00
TOTAL this CHANGE ORDER: $ 100,572.10
Justification:
Owner Change Request to finish all labor, material, and equipment to complete the stucco work at City Hall & Police Annex per quotes provided by subcontractor De La Cruz Plastering company. See Appendix A.
This change order include the removal of existing tile veneer at the Police Annex and painting of the prefinished surfaces at City Hall, and Fire Station No. 1 (this includes, but are not limited to, door and window frames, fire-station bay doors, and other trims).
Change to CONTRACT PRICE:
Original CONTRACT PRICE:
Previous Change Order Amount:
Current Change Order Amount:
The new CONTRACT PRICE including this
CHANGE ORDER will be:
Change to CONTRACT TIME:
The CONTRACT TIME will be (increased} by TBD working days.
The date for completion of all WORK will be:
$ 143,767.00 -------- -
$ ________ 0_
$ $87,454.00 ---------
$ 231,221 ----------'-----
89 Change Order No. 1 - continued
Exterior Paint of 4 City-Owned Building
The undersigned hereby agrees to the above-described amendment of the Contract. Change Order No. 1 represents all changes in the Contract to date.
Pro Group Painting, Name, Signature, and Date
CITY OF LOS BANOS, Name, Signature, and Date
This Change Order shall become a part of the Contract Documents only upon signature of both parties.
90 LOsBanos
At the Crossroads of California
Agenda Staff Report
TO: Mayor and City Council Members
FROM: Soknirorn Than, P.E., Public Works Director/City Engineer ~ / C DATE: July 19, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Accepting the Ag Sports Complex Restroom/Concession Building 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 Ag Sports Complex Restroom/Concession Building 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 Ag Sports Complex was constructed in the 1980s on part of a former landfill. The Complex currently consists of 9.5 acres of developed land that includes two softball fields, a parking lot, a dog park, a concession building and playground. The concession building has deteriorated such that the upstairs is not accessible to the public due to safety concerns. The Complex currently serves various youth sport groups in the community. The construction of a new the restroom/concession building will fulfill a safety upgrade and allow for the expansion of community program use.
Discussion:
The Public Works Department enlisted the services of one of our consultants, Quad Knoff, Inc., to design the project. The scope of work consisted of demolition and removal of an ITEM 6G
91 existing building and construction of a new restroom/concession building and all associated utility connections and miscellaneous concrete work in the surrounding area.
Staff released the project for advertisement on Tuesday, July 5, 2022. The bid opening was held on Thursday, August 11, 2022. The City Council awarded the construction contract on November 2, 2022 to Marvulli, Inc. in the amount of $518,382.04 with a 10% contingency in the amount of $51,838.
There were two change orders with this project. Change Order #1 consisted of resetting forms and recompacting due to submittal requirements and approval, for a total of $6,440.00. Change Order #2 consisted of additional 2" conduits under the slab to pull to box location, for a total of $1,580.00. The total construction cost for this project was $526,402.04. This represents the original bid, plus two Change Orders. The Change Order percentage is 1.5% of the original bid.
Fiscal Impact:
Funds for this project were allocated in the Fiscal Year 2022-2023 budget within the Park Fund 250-454-220-720.
Reviewed by:
W l
Josh Pin eiro, City Manager Brent Kuhn, Interim Finance Director Attachments:
Resolution
Notice of Completion
92 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LOS BANOS ACCEPTING THE
SPORTS COMPLEX RESTROOM AND
CONCESSION BUILDING PROJECT AS
COMPLETE AND AUTHORIZING THE FILING
OF A NOTICE OF COMPLETION WITH THE
MERCED COUNTY RECORDER
WHEREAS, on August 11, 2022 the City of Los Banos received competitive bids for the construction of the Ag Sports Complex Restroom/Concession Building project; and
WHEREAS, on November 2, 2022 the City Council awarded the Construction Contract Marvulli, Inc. for the construction of the Ag Sports Complex Restroom/Concession Building 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 Ag Sports Complex Restroom/Concession Building 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 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 19th 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
93 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
l. That the interest of estate stated in paragraph 3 below in the real property hereinafter described is owned by the following:
NAME
CITY OF LOS BANOS
STREET AND NO.
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. Thatthe 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 30th 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 _____________ _ Marvulli, 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=it_v_o=f~L~o=s~B~a=n=o=s __________ _ County of Merced State of California, and is described as follows:
"Ag Sports Complex Restroom/Concession Building"
The major work consists of the demolition and removal of an existing building and the construction of a new restroom/concession building and all associated utility connections and miscellaneous concrete work in the surrounding area.
I declare under penalty of perjury 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
94 LC>sBanos
Al the Crossroads of California
Agenda Staff Report
TO: Mayor & City Council Members
FROM:
DATE:
Soknirom Than, P.E., Public Works Director/City Engineer'5.t-= l L___ July 19, 2023
TYPE OF REPORT: Consent Item
SUBJECT: Accepting Public Improvements for Southpointe at Regency Park, Phase 8 Recommendation:
That the City Council adopts the Resolution accepting Public Improvements for Southpointe at Regency Park, Phase 8.
Background:
The Tentative Tract Map No. 2015-01 was approved by the City of Los Banos Planning Commission on May 11, 2016 by Resolution No. 2016-13. In June of 2021, the Public Works staff was contacted by the developer, Stonefield Home, Inc., a California Corporation, for Final Map approval. The City Council adopted the Resolution No. 6514 approving the Final Map for Southpointe at Regency Park, Phase 8 with accompanying Subdivision Improvement Agreement on June 15, 2022. In June 2022, the developer contacted Public Works for the approval of Improvement Plans for Southpointe at Regency Park, Phase 8. The Improvement Plans were reviewed and approved by the City's Consulting Professional Engineering Firm as well as the Los Banos City Engineer. During construction and upon completion the site was inspected and deemed substantially complete by the City's Consultant.
On May 25th , 2023, the developer contacted Public Works Staff to request acceptance of Public Improvements for Southpointe at Regency Park, Phase 8.
ITEM 6H
95 Discussion:
The subject is generally located within the area bounded by Northpointe at Regency Park Subdivision to the north, Verona Subdivision to the south, Place Road to the east and future Ward Road to the west, more specifically identified as APN. 424-120-020. The applicant Is Stonefield Home, Inc., a California Corporation. The map consists 63 singlefamily lots on 12.54± acres. This Final Map is in substantial compliance with Tentative Subdivision Map No. 2015-01 and public Improvements were subject to all Subdivision Improvement Agreement Conditions. A Landscape and Lighting District Letter of Inclusion was executed for the parcel,
Fiscal Impact:
All public improvements for Southpointe at Regency Park, Phase 8 have been completed by the Developer. A Maintenance Bond in the amount of $60,777.12 shall remain on file with the City of Los Banos for a minimum of one year after the acceptance of public improvements. All other required processing, development, plan check and inspection fees to date have been paid.
Reviewed by:
Attachments:
Resolution
Site Map
Recorded Final Map
Recorded Subdivision Improvement Agreement
Exhibit A Original Engineers Estimate
Exhibit 8 Conditions of Approval
Resolution No. 6514
Brent Kuhn, Interim Finance Director
96 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS ACCEPTING PUBLIC
IMPROVEMENTS FOR SOUTHPOINTE AT
REGENCY PARK, PHASE 8
WHEREAS, the City Council of the City of Los Banos has received a request from the developers of Southpointe at Regency Park, Phase 8 that Public Improvements, for Southpointe at Regency Park, Phase 8 be accepted by the City of Los Banos; and WHEREAS, the City Council of the City of Los Banos has reviewed said request and finds that the public Improvements of said project are in a position to be accepted by the City of Los Banos.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos that does hereby accept the Public Improvements for Southpointe at Regency Park, Phase 8 as presented.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th 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
97 THIS PAGE IS INTENTIONALLY LEFT BLANK
98 C.
ro
~
Q)
+-' ·-Vl
99 THIS PAGE IS INTENTIONALLY LEFT BLANK
100
I
R.ecording Requested By:
City of Los Banos
And When Recorded Mail to:
Lucille L Mallonee, City Clerk
City of Los Banos
S201Street
Los Banos CA 93635 S above this line for Recorder's use.
Reclll'ded in Offlclal Records,
MERCl!D COUtn'Y
Do~ 202202A380
06/2812022 08:32 AM
SUBDMSION IMPROVEMENT AGREEMENT
THIS AGREEMENT made this db «J. day of -::June.., 2022, between STONEFIELD HOME. INC., a California Corpmation, Parties of the First Part, hereinafter designated and called "DEVELOPER(S)", and the CITY OF LOS BANOS, a municipal coq,oration, the Parties of the Second Part, hcremafter designated and called "CITY".
WHEREAS, the DEVELOPER(S) have presented to the CITY a certain Final Map located within the coiporate limits of the CITY, and known and descn'bed as Tract No. 201 S-01, Southpointe at Regency Park Phase 8, comprised of 63 single family residential Jots on approximately 12.54 acres, a copy of which is on file at the City of Los Banos Plamiing Department and made a part of this AGREEMENT by reference, and said DEVELOPER(S)have requested the CITY to accept the dedications delineated and shown on said Final Map in order that the same may be recorded as required by law; and,
WHEREAS, the CITY requires a condition precedent to the acceptance and approval of aaid Final Map, the dedication of said easements as are delineated and shown on said Final Map, and deems the same as necessary for public use, and requires and deems as necessary for the public use that any and all street improvements delineated and shown thereon shall be improved by the construction thereon and the installation therein of the improvements hereinafter specified in Paragraph One herein; and,
WHEREAS, certain sections of the Los Banos Municipal Code require the DEVELOPER(S) to enter into this AGREEMENT with the CITY whereby DEVBLOPBR(S) agiee to do, perform. and complete the works and matters hereinafter in this AGREEMENT mentioned and set forth in details, within the time hereinafter mentioned, in consideration of the ac::ceptance of the offers of dedication by the CITY; and,
WHEREAS, the City Council of the City of Los Banos has found said Final Map by Resolution No. (Q$,Y to be in substantial compliance with the designs and Conditions of Approval ofVesting Tentative Tract Map No. 2015--01.
NOW, TIIBREFORE, in consideration of the acceptance of the offers of dedication of easements, and facilities as shown and delineated on said Final Map, and the approval of said Final Map for filing and recording as provided and required by law, it is mutually agreed and understood by and between DEVELOPER(S) and CITY as follows:
FM#20JS--01
SOUI'HPOINTE AT REGENCY PARK PHASE 8
101
SUBDMSION AGREEMENT
l. That the CITY has fixed and docs fix the time within which DEVELOPER(S) shall do and perform the work and improvements hereinafter specified and at such time during this period as designated by the Public Works Director/City Engineer of the CITY, but no later than the 111 day of June 2024, with the said provision that this time may be extended by consent of the City Council. and that the DEVELOPER(S) will, within the period of time stated herein above in this paragraph stated and fixed, do or cause to be done and performed, the following described work and improvements,( as detailed in attached Exhibit A) all at their own cost and expense, to the satisfaction of the Public Works Director/City Engineer in acoord with the approved subdivision improvement plans and existing City Policies and adopted Standards, including all costs of inspection, to-wit; IMPROVEMENTS:
I. SITE PREPARATION s 59,002.20
2. WATBR $ 91,200.00
3.SEWER $ 75,000.00
4. STORM DRAIN $ 41,797.50
S.CONCRETE $ 174,536.50
6.PAVEMENT $ 141,235.00
7. ELECTOLIERS $ 15,000.00
8. MISCELLANEOUS $ 5,000.00
TOTAL $ 607,771.20
l. The DEVEWPER(S) shall furnish bonding or other forms of security for the estimated cost of the remaining improvements, agreed to by the CITY for Performance at 100%, $607,771.20 and Labor and Materials at 50%, $301,385.60 and prior to the release of other secmity, for Wammty and Guanmtee at 10%, in the amo\Dlt of$60, 777.12 1n addition, the DEVELOPER(S) shall provide a bond or other form of security in the amount of $3,508.00 for survey monuments, per §66496 of the Oovemment Code.
3. The DEVELOPER(S) agrees to pay the following fees at the time of signing the AGREEMENT less any amo\Ult previously paid and not to exclude pending invoices from outside consulting firms.
ENGINEERING AND INSPECTION
5% of Approved Engineer's estimate of$607,771.20 $ 30,388.56 Less: Deposit for Plan Checlc (Rec#01617500}
Less: Payment (Rec#01738669)
SUB-TOTAL
FINAL MAP REVIEW
Charges for Phase 8
Less: Deposit for Map Review (Rcc#Ol620460)
Less: Payment (Rec#Ol 738669)
SUB-TOTAL
Subdivision Improvement Agreement 2
$ (14,720.73)
$ (15,667.83)
$ 0.00
$ 2,328.98
$ (2,000.00)
.$ (328.98)
~ 0.00
TOTAL $ 8.00
FM#201S--OI
SOUlHPOINIB AT REGENCY PARK PHASE 8
102
4. In accordance with adopted City Policy, security funds may be released for each category of improvements, as per Engineer's cost estimates for $607,771.l0 (attached as Exhibit "A"), as approved by Public Works Director/City Engineer and accepted by the City Council.
5. The DEVELOPER(S) shall install improvements in accordance with the requirements of the City of Los Banos Municipal Code, the Standard Specifications of the City of Los Banos, the approved Subdivision Improvements and Grading Plans and the Conditions of Approval of Vesting Tentative Tract Map No. 201S-01. All public improvements and utilities must be installed prior to occupancy of units.
6. In the event that the DEVELOPER(S) shall damage, destroy, or tear up any existing improvements, DEVELOPER(S) agree to repair or replace such destroyed or damaged improvements at their cost whenever such damage shall occur.
7. Street lights shall be furnished and installed by the DEVELOPER(S). It is solely the DEVELOP.ER($) responsibility to coordinate the installation of street lights with the Pacific Gas and Electric Company and pay any and all fees necessary for their installation. At the time of acceptance, the street lights, including conductors to utility owner splice boxes, shall become the property of the CITY.
8. Any improvements not shown on the approved Improvement Plans which are to be dedicated to the CITY or which are to be placed within the proposed City right-of-way, including mailboxes, private and utility works, shall not be constructed without written approval :from the CITY. It shall be the DEVELOPER(S) responsibility to ensure that mailboxes for use by the U.S. Postal Service are available for residents at the time of occupancy; installation to be per plans approved by the Postmaster and lhe CITY.
9. All earthwork and construction shall meet the requirements and recommendations of the Soils Report, the Amended Soils Report for the Project and the adopted Improvement Standards and Specifications of the City. The DEVELOPER(S} shall, at their expense, provide a Soils Engineer whose responsibility includes the professional inspection and approval concerning lhe preparation of ground to receive fills, excavation and backfill operations, stability of all finished slopes, and testing for required compaction. Prior to the issuance of structural permits and prior to occupancy release, lhe Soils Engineer shall certify, in writing, that all earthwork including trench backfill meets the requirements and recommendations of the Soils Report and the adopted Improvement Standards and Specifications of the City.
10. Neither the CITY nor any of its officers or agents shall be liable to DEVELOPER(S) or their contractors for any error or omission arising out of or in connection with any work to be performed under this AGREEMENT. During the progress of the work, if it becomes necessary to modify the design because of errors or omissions on the plans or unforeseen conditions which render a portion of the project inoperable, unsafe, or prolnbits a part of the project ftom performing satisfactorily in Subdivision Improvement Agreement 3 FM #2015-01
SOUI'HPOINTH AT REGENCY PARK PHASE 8
103
the opinion of the CITY, the plans shall be modified in accordance with the recommendations of the CITY. The DEVELOPBR(S) shall be iesponsible for all costs incur'red in revising the plans and perfonning the work in accordance with the modified plans.
11. The Improvement Plans may be modified upon approval by the CITY at no cost to the CITY.
12. The CITY shall not be liable to the DEVELOPER(S) or to any other person, firm, or COipOrarion whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this AGREEMENT, or any part thereof.
13. The DEVELOPBR(S) hereby release and agree to indemnify and hold the CI1Y harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, rwulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the street rights-of-way in said subdivision and 1:l})On the premises adjacent thereto pursuant to this AGREEMENT, and also from any and all injuries to and deaths of persons and injuries to property or other interests, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the DEVELOPBR(S), the DEVEWPER.(S) agents, employees, and subcontractors, while engaged in the performance of said work.
14. The DEVEWPER(S) agree that the use for any purpose and by any persons of any and all of the improvements herein before specified, shall be at the sole and exclusive risk of the DEVELOPER(S) at all times prior to final acceptance by the CITY of the completed improvements.
Thereon and therein; provided, that acceptance by the CI1Y shall in no way eliminate or lessen any ofDEVELOPER(S) obligations and undertakings contained in this AGREEMENT. The issuance of any occupancy penni1s by the CITY for dwellings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the improvements in said subdivision.
15. It is mutually agreed by the parties hereto that the Public Worb Director/City Engineer shall have the right to reject any or all of the work to be performed under this AGREEMENT if such work does not conform with the plans and specifications mentioned herein or the ordinances of the CITY. Reinspection of corrected work shall be at the expense of the DEVELOPER(S). The cost of such reinspection is not included in the Engineering and Inspection Fee described in Paragraph 3 of this AGREEMENT. Any damage to the sewer system. utilities, concrete work. or street paving that occurs after installation shall be repmed by the DEVELOPER(S) to the satisfaction of the Public Works Director/City Engineer by the DEVELOPER(S) before release of bond or final acceptance of completed work.
Subdivision Improvemeut Agteemcnt 4 FM#201S--Ol
SOUTHPOJNTE AT REGENCY PARK PHASE 8
104
16. DEVELOPER(S) shall provide for adequate erosion control as detennined by the Public Works Director/City Engineer on individual lots and from exterior property draining into the area of the subdivision, to protect the public rights-of-way and improvements. Erosion control on individual lots shall continue until such a time as front and street side yani landscaping is installed.
17. Without limiting the foregoing, DEVELOPER(S) warrant and guarantee materials used and worlcmanship performed on said work for a period of one (1) year after completion and acceptance thereofby the City Council, or the Public Works Director/City Engineer.
18. Upon completion of the improvements, specified herein the DEVELOPER(S) shall file a Notice of Completion with Merced County and submit to the City "As Built" drawings on mylar, of the improvements. The Notice of Completion shall be filed no later than thirty-five (35) days prior to consideration for acceptance of the improvements by the City Council. As part of the request fur acceptance of improvements, the DEVELOPER(S) shall submit a title report encompassing each of the parcels within the Subdivision which discloses all liens or claims which may have been recorded in or prior to thirty-one (31) days following the date of recordation of the Notice of Completion. If any liens or claims are thus revealed, the DEVELOPER(S) shall either remove the liens and claims and submit an updated title report prior to acceptance of the Subdivision by the CI1Y, or shall enter into an agreement with the CITY that provides to the satisfaction of the CITY a method for the removal of such liens and claims at no cost to the CITY.
19. It is hereby mutually covenanted and agreed by the parties hereto that DEVELOPER(S) contractors are not agents of the CITY and that the contractors' relations to CITY, if any, are those of independent con1nctors.
20. That the applicant furnish the CITY with a reproducible 8 1/2" x 11" map of the Final Map of this development prior to issuan~ of permits.
21. DEVELOPER(S) shal] comply with all applicable original or amended Conditions of Approval of Vesting Tentative Tract Map No. 2015-01 prior to acceptance of public improvements or fina1 of any housing units.
22. No work shall commence under the terms of this AGREEMENT prior to all of the folJowing being completed: deposit of improvement security per City Council resolution; issuance of a Subdivision Improvements grading permit other than rough grading and site preparation; and payment of all required development fees.
23. All costs for engineering and inspection services which exceed the 5% fee specified above will be invoiced to the DEVELOPER(S) and must be paid in full prior to acceptance of the subject improvements by the CITY.
24. If construction of improvements has not begun within one ( 1) year from the date of this AGREEMENT, then prior to commencement of work the Public Works Director/City Engineer shall review the improvement plans and determine if revisions are required. In any case, a new engineer's Subdivision Improvement Agreement s FM#lOIS-01
SOUTHPOINTE AT REGENCY PARK PHASE 8
105
cost estimate shall be submitted by the applicant to the Public Works Director/City Engineer. The applicant shall be responsible for any modification to the plans required by the Public Worlcs Direetor/City Engineer and shall pay all plan check fees plus the difference in :ibspection fees due based on the new cost estimate.
25. The DEVELOPER(S) acknowledge the requirement to comply with the environmental mitigation measures for Vesting Tentative Tract Map No. 201S-01, and the conditions of approval for said tentative map, (attached herein as Exhibit 'B'), in the development of this Subdivision.
26. The terms of this AGREEMBNf are not intended to, nor do they, relieve the DEVEWPER(S) of any conditions of approval. compliance with City Standards or compliance wi1h mitigation measures of adopted environmental documents, the gompliance with which may be placed as a condition of permit issuance or occupancy.
27, Time is of the essence of this AGREEMENT. It is agreed that the provisions of this AGREEMENT shall apply to and bind the heirs, executors, administrators, successors, devisees, and assignees of the respective parties hereto.
IN WITNESS WHEREOF, the parties have executed these pn:sents or caused the same to be executed by the officers thereunto duly authori7.ed on the da first above written.
PARTIES OF THE FIRST PART
PARTIES OF THE SECOND PART
ATl'EST:
~ ;. oQL '-f. )Ao .. ,... o_ ... oW,,11110---
Lucme L. Mallonee
City Clede
City of Los Banos
Signatures need to be notarir.ecl.
Attach a Noiary Acknowledgement.
Subdivision Improvement AgRemmt 6 FM#2015-01
SOUTHPOINTE AT REGENCY PARK PHASB 8
106
· ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF rnvc~ o..d
On ~~ ~"}ID-:;_
)
)
)
Public, personally appeared _-,::;.. ......... ...:::::c.-\---i..-'---=--=--'----'-------'t-"'--<...:....-------' who proved to me on the b1:1sis of ~ati~fa~ory evide to be _the· person(s) wi,ose name(s) is/are subs~ribed to the within instrument and acknowledged" to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_ _ (Seal) ..
REGINAA. ROBLES
; Notary Public • Callfornla
• Merced County Comm1S$1on I 23-45695 ..
. My Comm. ExplrH Feb 8, 2025
107
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of Califomia }
}
County of Merced }
On this 23rd day of June , _ 2022 before me, Lucille L. Mallonee , a Notary Public in and for said State, personally appeared Manuel Thomas Faria Ill , who proved on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed this instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
,. • e ,~;;; ;'." .:;u:,; e ' - · Nowy Public• C.tifamla i • Mercec: County t Commiulon II 2212735 -
j u u .My Comm. ! pirft Apr 21 ;!023 1
Signature of Notary Public (Notary Seal)
108
EXHIBlTA
BE CIVIL ENGINEERING & LAND SURVEYING
81617111 .._ • MadallD, CA 86814 • 1118.648,9800 JOB '111DG121 1218121121
ENlll&RII BOND l!l'lalA'm
~
POii
AT lli!aeliCYl'AIU<
PHMll 1 •II LOT8
L081MNC11,CA
Rall Dl!SCAFT10N UNIT QtMN. INTPRlCE AMOUNT
A. Sl'IE P
1. GIWING • m.cm 111.10 117.IQUO
2. REMOVE 1BIP0RARY FIB.D INLET EA I '8DO.CIII fl,IIOOJIIJ 81JB.TOT'AI. -.ca.20
a. W\TER
-1. 8"MTER IJI 1Ji81) •oo 11'1,800.00
2. 8"M1EVALVE fA s fl,ID0.00 Sl,ICIILIIII
I. t"W\TEREIMCE EA 89 ll(I0,00 111,SC,0.IIO
4. FIRE H\'DIWffwmt 1EE. IM1E VALVE & BURY EA • l3,IOQ.CJO 121,IICIIIJJO I. COIINECT1tl EIUTIN8ff'W\1Bt EA I 11,DIIQ.CIO IS.IIDIUID SUB-TOTAL t11,21DO.DD
C. SEWER
,. .. 8liWli!R lF 1,11111 tao.oo tat,IOO.GD 2. ,,. 8EWER ll&RVICE 11A a MCI0.1111 1211,2GO.OO 8- SFANEWU>WK>LE EA • $11,IIII0.00 fllUIOQ,00
4. CONNEcTTO EXISTING SEWER EA s 11.8111UIO '9,00CUIO
8tJB. 'l'OTAL S,5,CICIOJIO
D. SltlRM CRAIN
1. 12" 8RHI DRAIN ~ 12 -- ....
2. 11" Sl'ORII DRAIN U' S:91 IU.DO '1 .-.00
I. Co\lCH MaN SA • --- 112,000.IIO
4. eTANDMD MNIH0lE EA a l2AODJJD '7.till!O,tlll
6. COIN!CTTO l!XIIITING 11" STtJRM DAAIN EA a 11,000.00 11,DIIQ.CID 8U8-TOT'AL 141,fflJiO
E~
1. rVERTICALCURB & G\fflER LF ... '11.00 N'1.21M.GII
a. SIDEWALK (INCLUDING RETURNS) 8F , ... .. .., "4,2G.111 '· IIE8IOENlW. IIRMMAY EA IS 11.000.00 ea.000.00
811&-TOIN. '174,638.111
F. PAVEIIENI'
1. 0.21' ACI UO' Alf UO' MB IF Cll,'IM $UO $140,116.00
2. MOtUENTWl!U. EA s ISlllLCl0 II00.00
SUB-TOrAL 1141,2311.flO
B. EU!CTROllER8
1. 115C1W81REET UGtf18 EA 8 12.liilllO.OO $15,CIOOJl0
IIU&-TOTAL 1111.IJOD.OO
109
ENGINEERS BOND E8TIIIATE
SOUTHPOINTEAT REGENCY PARK
LOS BAN08, CA
JOH10002i
12N2021
PM3E2
ITEM DE8CRIPT10N
H. IMSCELLANEOUS
1. STRIPIIG NfO SIOIU,GE
3. EROSION OONlROl
NOTE:
INT QUAN.
LS
LS
SUB-TOTAL
CONSTRUCTION 11.18-1'01'.AL
111% COJfflNGENCY
CON8TIWCTION TOTAL
UNITPRICE AMOUNT
'5,000.00 '6,000.00
$6,GCIO.IIO '6,000.00
$10,000.00
'807,771.20
= 111D.m.12
$11118,548.32
1. THEABOVEIIE'IIELOl'MENTCOSTE8TIMATEDCESNOTIHCWDElAND,ADJM:ENTRIGHT.()f-..W,.Y, tmaerr, TAXES, COIIMJS810N8, LEGAL Pl!l!S, ENGINEERING FEES, GEOIECHNICAL 1'&8, C11Y FEES.
FEES CHARGED IN CONNECTION Wffll A BUILDING PERMT.PRICE& RER.ECT CURRENT N0IWAL CONSTRUCllDN COSTS Nt1D ARE SUBJECT TO CHANGE ONCE sme&T IMPRO\lf.MENT Pl.ANS HAVE B1Y!N APPRO\IED.
PREPARED BY TO REVEWED BY---'=--
110
ExhlbitB
CONDfflONI OF APPROVAL FOR VE811NG 1ENTATIVE 1RACI' 11AP •1M1 - 80UTHPOIN1E AT REGENCY PARK Gerlena.1
1. The applfcanl ehall 8Ubmlt a lwlled vea11ng Tenlalive Traat Map to lhe Community and Eaonomic Devalopmant Departmert l8flecUng q rnodlfieallons. additions. andlor CUidlb• of approval. within 30 days from Pfannlng Comrni8llon approval. ti necaeaery, 1h6 ravlaed Veelt1g Tentative Tract Map lhall be nM8W8d by the City Engineer and lhe Comnunlty and Econc,m1c Dewlapmlnt DncdDr and llgr,ed by the CommlB'llty and~ Development DlraclDr for~- of providing a clear QICOld of the approwd Veallng T....._ Tract.Map.
2. The Vesting Ten1811Ye Tract Maps. Final Maps. and Improvement Plana shall be consl8tent wih the Flnal Development Plan, u condllloned.
3. Approval and Ufa of 111$ Veatq Tenfallwe Tmct Mapa ahllll be as l8l faith In lhe Loa Banos~ Code.
4. AD development shall be DDnlfatent wll1 the Veltilg Tenlallv& tna Map #2016-01 and appmvad Final Development Plan #2016-01. ~ any amendmenll added dtmQ applQY&I.
5. The Final Map(•) ehall be In U>ltllnllal complanca Wllh the approwd vesa,g Tenlallve Tract Map. lncludlnQ any changes • forth In the conditions of appRMll
8. A Ffnat Map shall be lftP8l8d by• Fureuslonal land ~ loansed In Callfomla or a pdestlonal angtnaar llcenaad In Callfomla and quallfted to pradlce land 9LIV8Ylng, according to the SUbdMalDn Map NA, and local ordfnancas.
7. At least two polnt8 on th6 Flnal Map lltNllf be 1111d to the Calfomla Stale Plane CoordJnate Syatem (NAD 83) with tie& shown and clo8ure carcu1a11ona deplCtlng 1he tie beadnga and c111tancea.
a. A latter from the Tax Collector shall be aubmllled prior to 1he recording of the Final Map which lndlcafas that taxes have been paid or a bond has been posted,
9. A Final Map Guarantee shal be prepared and provided to the County RecoRler.
e
111
..
10. When the aubmlllal haa been 1i8c:hnlcally appsoved, the original rnyta,s and a conforlnhg mylar wlll ba llgrMMt and notarized (notary shal not be stampeid on the map) and dalviarad to the Publlc Works Depa,tmant.
11. Deve.-shd Include a PubUc Ulllly Easamant of 111n (10) feat along at1 ~ fronlages.
12. For an properties wfthln 1,000 feat d ~ operatbns, dead nolfcas shall 1>e r9CDldad w111 the final map. The deed noace shall recpn · property purdlaaera 1D acknoWladge the exltllnt and Ol'9)Jng commerdal and/or igdcultural Ul88 on adjacent and nearby propertlaa. and the Merced County Rlgh1-41Harm OnUnanc:e.
13. Blftltng Maller Plana ahall be appn,vad by 1he Community and Economic Deve1opment Depal1ment and B...-.U Department prbr 10 1aauance of the fflst bUlldlng permll and lhl1I ba consistent .ah Final Development Plan #2015-01.
14. Improvement Plans 8hal ba submtlled to the City for appnwat prior tolor concumn with 118 appffcatlon for each final map and 1he foJIQwlng naee 8hel be requited: "The Cadrador 18 l9IPOflllble f9r' paotecting and preseN,lng BUl"way monumanlB and other ILlfV8)' markela. Any ~ y monunwa damaged aa a direct or Indirect 1881.11 of c:onstrucUan aclMtiea shall be re-eatabli&hed by a duly licanled land surveyor at the Colnctor'a sole expenae. A comer record ahal be flied In accordance wlh Sta'8 law for any l1t88t monumenlB at the Conltadar'• sole axpenae.•
15. Improvement Plans ahall Include a 8llaet slgnage and llriplng plan to .,. approved by the Public Worlm Dllectar.
16. 0n-afte lmpn)vemenf:s may be conalructed prior to the l8CXHdq of the final map 8Ubjeal to Cly applOVBI of Improvement Plana and peymam of appflcable plan dl8Ck and fnspecllon fees. and l8Uafactlon of al conatruction condlllons of approval.
17. Olf-slle pubic lmpllMIITl9t'lt plan(s) shall be aubmltled to U... Publlc Works Departmant for approval prior la/or concumant wlh the appllcatlon for the Final Map. The developer ahall not commence off-de Improvements unlH approval la l9C8IVed by1ha Pubic WOfk& Department. The devek,per 8hal enter Into a subdlvlaion lmprcMlffl8llt &gr,98ffl8f1t YAlh the City and provide labor and mainl8nMce bonds In an amount of 100% of the Engineer's Eeamate for publtc Improvement& to be completed following reaordatlon of the Flnal Map.
18. ~ project Is aubject to the appropriate Development Impact F888 • eatabllshed by the City.
7 112
19. Private property owners shaN be reapon&ible for the malmanance of sound walls and decorative masonry waUa located on private property.
20. The applicant 8hall obtain City approval In advance for patrnanent and temponuy on-slla and otkfte signs tl)n>ugh sapa,ate algn nM8WI and bo~lng coneiaent Yfflh the development crtlarfa of the Los Banos MunlclpaJ Code-Sign Ordfnance.
21. It la the appffcanrs raeponaNty to enswe that lhe dewlopment complies with the Americans wlh Disabllities Ad requlntmenta.
22. It shal be the fNPOllllbHib of the appffcant to convey coplea of the conditions of approval to al contradDra and aub-conbactora.
23. Building permits will be hllued in accordance with City SubdMsion Polley that ldentlftea the lmprovementa l8qU"8d In order for a buldlng pemfl to belatued.
24. AH abuctUras. foundatfDne. and footh igs for furure bulk.lings on the pR>ject alle shall be daalgned and conatructed to conform with the cwrent Unfonn Bulldfng Code for Seismic Zona 4 ID minimize atrucual damage reutq from potantJal ialamlc acMy.
25. An erGfneering 80ll8 report ahall be prepared for all projects In Older to identify sol charactari811c8 raqu1ring special atn.lClurat design. On--alte and otklle lbuctural design ahaD confor:m to the findi1119 and rec:omrnendatlon
~
of the engineering BOiia report. The Ntport lhal be
pdor to laauanoe of a gradlng .. permlt, subject to nwfaw and approval of the Los Banos City Engineer.
28. Prior to Issuance of bulldlng permits for development of eenallive resldentfal land U888 (e.g. hoUael. schools. parks, day care), or OCher ueea In whlcn peraons may contact eolls). a Phase 1 envlmnsnental ll888S8m9nl ahal be praparad f,o detarmlna ff aolla contarn huamoua meter1ala. If nec,asary, a ramedlatlon plan shall be craatad and implernanlad. The aaaessment and any necaaaary remediation plane lhal be subject to the approval of 1he Community Development Department.
27: Improvement Plana and Grading Plans shalt delneate the location and design of all t'8QUhd wale and fences including retaining walls.
28. Improvement Plans shaft include mailbox locations, whleh must be approved by the US Postmaster and the City of Los Banos.
29. Undeveloped portiOns m the subdivision shall be controlled of \WSda and free of debris and titter.
8 113
30. Due to 1he poaalbllly that elgnlicant budad cultural 18BDLRBI mlgli be found during conatruction, the followfng __,. shall be lnoludad In any pennis l8suad for the profact 8118, h:ludlng. but not lmilBd ID buldlng permits for tuhn deWllopment. aubject to the ravlew and approval of the Los Banos Planning DMslon:
If arohaaologrcal RIBOlfflJ88 or human 18malna are dllcovarad dudr1I construclfon. WOik shall be halted at a minimum of 200 feat from Iha fnd • the ma 8hal be 8fakad off. The pn:,Jact developer lhal naury a qualllled plOfeaalonal an:haeologlat. If the find 18 determined 1D be IV1lflcant, appmpriate mfUgaUon mealUf88 ahall ba fomualed and Implemented.
31. In the event of an accldanlal clilcovary or 111C0s,11ion of arr, tunan remains fn any location olher than a dedlcatad oamatary, 1118 City atlall 8fJSUl'8 that --language is lncllded In aB pemils In accordance with CEQA Guldellnas aeclon 1&084.e(e):
If hi.min l'8IIIU18 8f8 found dUrfng conetructlon there ahall be no fUrthar' excavatiDn or dl8lwbance of 1he ale or -, nearby .. n~•Dnably auapacl8d to 0\19rfle adjacent human ramalna un11 lhe Lo$ Banos Polee ~t contaqa 1he coioner of Meraed County to cletannlne that no Investigation of the cau• of death Is 19QUlrad. If 1ha coroner datarmlnes the ramarns Co be NaUw American, the coroner ahall contact the Native American Herllaee Commission within 24 hours. The Naliv& American Heritage Commlaalon 8hal Identify the penson or pereons ll baleves ID be the moat Ukely deacandent from the deceaaed Native American. The moat Ukely deacendant may than make recommendations 1D the landowner or 1he person 181PDJ181b1e for the excavatlDn work, for means of 11aa11ng or disposing of, with approprfata dignity, the htanan remains and allDClalad grave gooda aa IJIOVided In PIMc Raaouroea Code Section 5097.98. The landowner or his aulhorlzad rapraaantatlve ahal l'8bl.iy tha Natl\M Arner1can lunan remaln8 and aiaOClated grave gooda Mth appn:,prtate dignity on the property In a location not subject to further disturbance I: a) the NatiYa Amedcan Heritage Commlaelon 18 unable to ldentlry a most likely daBcendent or the M08t llkely descendent failed 1o make a racommendatlon within 24 hours,_, be"'1 nalllled bytha comml8alon: b) the delCil'ldant ldintlfled falls to maim a n,oommendatlon; or c) 1he landowner or his autlalzad repreaentaUva ,eJectB the nmmmendallon of the de8cendem. and the mediation by the Natf\'9 Amll1can Herftage Commlsalon fals to provide measW88 acceplable to the landowner. fm:Qgnstructlon ID!I Conatrucllon
32. A minimum 20CMoot separation shall be maintained betMerl l"88ldencee and material stockpl(ea, debris plea or contalnma and equipment 8l0fage dll'lng the construction process. If such storage must be located wllhln 114
200 feet of a residence. a ebt.foot high opaque fenc8 shall ehlefd the storage area from view when the storage area is tnactNe for more than eight hours. 'This requinHnent shaU be Incorporated Into the apeclfcatlons for aD conab'uCllon plans. subject to review and approval by the City of Loa Banos Conmunlfy and Eoonornlc Development DepartmenL
33. Two points of all-weather acceee lhall be pmvfded to an areas of the development durfng all phases of construction 11o· the aalhdac4,,t of the Fiie Department In areae where~ units ere under corarucllon.
34. Temporary conatndon trallers &hall be permitlad only In 11888 mmedfalely actacent to or wfthln tbat portion of the amdMafon where actNe sut;dMsion consbuclfon Is taking place. Flaoament of &aid conslnlctlon traHar 18 subject lo Ille Comnunlty and Economic Development Dlractor approval in accordance wllh Tile 8, Chapter 3.
Ar1fcle 3&. Temponny Use Ordinance of lhe Los Banos tAnclpal Code.
35. Duling construction. and for safety purposes. the developer and 8l8lgned conlr8clors 8half keep the publlc ,tghl-of.way clear of ob81ructions, and provtde tor dean up on a dally bats.
38. Prior 1D acceptance of public lmprovementa, all enbiet to the aubdM8ion lhall be barricaded to prevent the pubic from enlertng 1he constndon Bile.
37. Undeveloped portions of development attes shaft be conbDlled of weeds and frae of debris and litter. lhe applicant &hall provide plOtadlDn agaln8t wind and water sou erosion on undeYeloped portions of the project ale.
Temporary vagetation on undeveloped portions of the pn,Ject ale shall not be aloWed to grow taller than eighteen Inches.
38. AD contractons and aubcontraclorg performing \Wik relallYe lo this p,oJec:t shalt obtain City of Los Banos SU81nee8 Uaenaes, prior to start of Yak on the project. All wol1( ped'ormad on the project ahall comply wllh the f9q\lirements of the State Business and Professions Code.
39. Conalruc:tlon shall be hlted to those times allCMIBd by City Ordinance:
Monday through Friday from 7:00 am &o 7:00 pm: Saturday from 8:00 am to 7:00 pm; and Sunday fmm 9:00 am to 7:00 pm. PR>parly muffled aqulpma,t ahaU be utad.
40. The developer &halt fncorporate soll en)8fcm control meauas Into gmdlng and dramge plans that comply with NPDES storm water ragula1lons.
These measures shall be monitored for effacUwnaaa by 1he aty of Los Banos. Such measures may lnc:lude, but not be llmltad to, the folowtng:
a. Limit disturbance of soils and vegetation disturbance l9ffl0val to the mtnmum araa nace88ary for access and col1BlruCIJon;
10 115
b. Confine aft Wlhicular traffic 8880Cfat8d with coflltruction to the rfght-ofway of dealgnated IICC8l8 roada; c. Sit fencing lnstlllled In accanlance with the Amn:an Society for TIiiing and Malartals llandard D8482.
d. Adhar& to conslrucHon 8ChadLNI dalfgned to avoid patDd8 of heavy praciplta1fon or high M'lds;
a. Enaura lhat an expoeec1 8011 Is provided with temporaty drainage and soil protection when construction activity Is shlJl down dUl1ng lhe winier periods;
f. lnlonn constructfon paraora,el pdDr 1D conatructlon and parlodlcally dmlng-conatrudlon actMllea of 81Mronmantal cancama. per1lnlnt law8 and ftlGUlatlons, ard elements of lhe pn,poeed erosion control ffl881U198j
g. Compllance YAth Nallonal Polutlon Dlacfage Elmlnatlon Syafern (NPDES) permlla admfnlabnd by the Call'omla Raglanal Water QJaRty Control Board; and
h. Da\lelopment of a plan to employ bast management practices that raduDa the lewl of pollutants dillcharged Into natlnl walarwaya and wetlanda.
41. Whale atandani comer tot aide yald8 abut a atraat. a rnlnhuM tfne.foot lllidscaplng araa ehell be PfOYlded belwaan the back of lidawallc and the fence.
42. lll'JIW- righ1S lhall be lrrevoaabfy offind for dadlcdon ID the City along the rear edge ti Pf(Vate property 'Ml8r8 ·· ba onto etreeta, and shal he elhown on ffnal maps.
43. Maaonry waBs shaU be decora1lve and In confof,nance Wlltt lhl Final DaYalopmant Plan. A mfnlrun 3 foot landacape area 1h11 be provided between the back of the lldawalk and any masonry walls.
At.0uallbfi
44. Houalng unlla shall be odenlad ID maximize passive aolar cool,g and heating when.pracllcable.
46. Gu fked appUances ahall be loW NOx emitting applianaaa ~ with Calfomla N0x Emlaslon Rule #1121.
48. The d1Mloper shaft comply wllh aD appllcable lndkeat SOLIC8 Rule requirements of the San Joaquin Valey AJr PolluUon Conlrol DIBlrtct. 11 116
Developer shall pn9pare an air emissions reduction If required.
Access and CJrcul!tfon:
47. All street traffic Impact fee reimbursements shall be per the Transportation Impact Fee program (TIF). The reimbursements shaA only apply to W&rd Road up to Overland Avenue lnteraection and Overfand Avenue.
48. Full width Improvements for Ward Road ffom lhe southerly boundary of the project to the northerly boundary, ahaH be conatnded In confonnance wHh the phasing plan as approved by 1he Public Works Dlractor.
49. No driveway access shall be allowed from or on Place Road or OVertand Avenue.
50. Ward Road shall be desfgned w"' a minimum 59' public right-of-way.
51. The Class I and II bicycle paths shall be designed in confonriance wHh cattrans design standards, and shall specifically be designed to reduce intersection conflicts between cyclista and automobiles, using slgnage, lighting, and/or special street pavement treatments at and near points of interseclion.
52. The developer shall be responsible for constructing publfc streets per the Vesting Tentative Tract Mapa including, but not limited to curb1 gutter and sidewalk, decorative masonry wall, and landscaping where noted.
Improvements to arterials and collector streets shal be completed prior to occupancy of any use wl1hin the project bculdarieS, and lmprovemants to neighborhOOd streets shall be complete prior to occupancy of any house that requires the street for access.
53. All straet signage and striping within the project area shall be approved by the Public Works Depar1ment and shall meet aU fine-of-sight f8(1ulrements.
54. Prior to acceptance of subdivision Improvements, the developer shall install all street and traffic control sign&, pavement striping, and street name 8igns In accordance with the public Improvement plans and City standards.
55. Final Map(s) shall show a non-access strip 12 inches In width on prtvate property along the frontage of arterial and collector streets, except at driveways, for lhe purpose of constructing sound walls and decorative masonry wans.
56. Prior to acceptance of the subdMslon Improvements. the develOper shall be responsible for lnstalfatlon of all street and traffic control signs, pavement striping, and street name signs in accordance with City and/or Callrans stan'dards.
12 117
57. The deYaloper ahaU be rasponslble for obtaining II\CR>8Chment pennlls from the Cily of Las 8anDs prior to pelforrning any work within the City's right-of-way.
68. The developer shall dallgn and lnllall trdlc C8""'"9 meaaures throughout the proJect area as approwd by the City Engineer.
59. Traffic calmll ag shall be provided on Che exi&lit; and future eutellana Straet and Palermo Straat.
60. Traffic calmlr-, mea81n8 may Include, but IN not llmlted to, raised lnterseallons, apeed cushlone. stop ev-, variffd CI08& aactions, and roundabouts.
,_....__ nc1 1LiihtlfUln......w- Wl!D"QIHDI.J1 - :wrmns ...., e1. PriOr to approval of any ~ or pan:a1 map. the dev,lopar ehall form or amex the subjeat pro,perty to a l.l;h1q end Landacaplng Dfltrlat cnated for purpoaea of tnaintalhfng pubic landlclpe areas. 8lgnage and pubic ts,ltln:g lncludlng a...,. of traffic 8lgnal maHanm C08l8 as authortzad purauant to the Landecape and LWi0ng Ad. of 1972, Pait 2 of DMelon 1& of the Callfomla Sheta and Highways Code. and Article XIIID of the C&Ufcma Col'lalNudon. The form. tarma and aondlton8 and the tax nd8 for the formation of f;he Lighting and Landacapq Dlatrtct. or In the abmaDva the annmqdlon of the ~ ptOPerty to an ~ district. shal l,e • approved' by the Cly Colml. - datelmlnad In .. Bole and 8KClualwJ discretion •. ft Is the tntant tlfhe partlel that ht aaeament of the subject property wll be apportioned to eadt pmoet In pn,pa,tlon to the. apac1a1 benaflt n reeelvae. District formallDn or annexation ftlll be at the aole coat of the developer.
Uttllfes;
82. The applcant shall conabUCt water, aewar, and atDrm drainage facllllies • noted on the Vesting Tanlative Tract Map, In accordanca wlh City standard•. The proJad ahall comply wHh Iha cment Cly Plane, S18ndaRle. and S,pecfflcations al Muter Plan reqLnmenta, and the appllcant ahall WOik wlh ~ Publlc Wortca Depamtenl In ragarda 1D needed tnfra8tructure and development during the Improvement Plan Review stage.
-,s. In confomumce v.1th the Smdlvlllon Map Id. the devaloper ahal permit lnatallatlon of ll'ldergR)Und cable televlalon dellvary ayalelll8 WltNn pubic utlllty eaeements. All dwellngs ahal be made cable ready.
84. Prior to appn,val of Improvement Plans or Fnal Maps. the davelopw ehan obtafn any naceasary easemanta for utfllllea acmes adjDlnlng properties. 18 118
WK
85. Al existing overhead uUIIUes &hall be placed unde,vroµnd with the mplion of high voMage l)(M8I' Ima. No new ovemead utllly llnas and equlpnad ahaB be shown on lmproYamenf Plans and Grading Plana.
66. Whe18 lhe Invert Is aix feet or gn!8lar below flnllh grade, a minimum cJearance of five feet frum lip of gutter 1D the edge of pipe shall be provided for underground ullly Ines.
67. The proposad pmJact shall conform to the requnmanta of the Loa Banos Water MaBtar Plan. lncludlng payment af Iha water c:onnecuon Impact fee.
88. App,J)\led bacldlow devfce8 8hall be hdaUed Ill requfn,d.
89. Domestic water serYk:es ahall not be placed In drlvewaya.
Sawer;
70. The eewar oollecllon system ehld connect 1o Iha Meadowlands sawer 11ft station.
71. Upon fleuance of a buldlng permit ralmburaementl rot the Nolthgate Sawer Lift Station ahal be payable rn· acx:ordanoe wllh the Nortfode Sewer Lift Statton RelmbursementAQrNment.
72. The developer shal construct d on-elte and otf-elte eewar faclllUaa necaaamy to BeMt the project. subject to Rllmburaament for oveHlzlng • .. determined by1he Qly,
73. Prior to 8Ubml9slon of lmpRMNnent plar1I fDr the first phase of d~lopment. a Ma* Sewer Plan fOr the dfwelopment ahall be submlmd, ANlewad, and approved by h City Erdneer.
Storm Drpll)Me:
74. The development ahall pnMde stonn dllllnage 1D the new basin, and than discharge cHrecUy .» the San L. C8nal. • delcr1bad In the Stonn Drain Conveyance and Pul1M, Slallon Analyels dated January 14, 2005, lubject to the review of and as may be modlled by the Cly Engineer. Al lmprovemenfs to oonform 1o the Cly's Stonn Drainage Sy8tam Mater Plan. Al deviation$ to be approved by lhe City Engineer.
75. Flnal I~ Plane for tt1e BIDnn drainage syatern shal utilze the TR-65 analyals method.
78. Adequate capacity for Iha llDrm drainage detention need& of PachaoD High School shalt be accommodated within the MW nmn drainage baaln, 14 119
I •
' .
desadbad In tha S1Drm Drain Convaymce and PU"1) Station Anatyals dated January 14, 2005, 8L1bJ8ct to the review of and II may be modified by Iha Cly Engineer.
77. Prtor to acoeptance ~ Flnal lmpmWlffl8l'lt Plans, the applcant lhall aublnlt wrlfica1lon from the manuractUl9r that the pump lla8oA capacity 18 ec1eq1• 1or fU11 basin to ahut-off Gp8111Uonal aondlllol11.
78. Flnal lmpmvement Plans shall include concrete 9ll'UClll'e8 at etonn basin Inlets and outlete. ~ lhall not be canslderad acx,:es,table. The ~• ahal1 pnwenf IU8aflC8 water by dlverlfng dlractly to lhe PLfflP atallon.
79. All de¥81opment ahall complywllh the Phaae H storm wa18r ragulationa.
80. Flnal Improvement Plans for 1he storm drainage syatem lhal be IUbmllteCI to the City and r8\4ewad and appn,ved by the City Engineer prior to flauance d a gmdlng permit.
81. The Developer shall generate a Stoml Water Pollution P19W11t1on Plan (SWPPP) for pre and poet con1bUCt1on best IIWllglffl8nt pracUcaa (BMPs). A No1fce of Intent (NOi) shall be aubmlllld and~ prior to construction bV the Slate Department of Wf!llit-Relouf088.
82. Off-etreet parking shall be provided at the detention basin for a minimum of 10 ¥8hlclN aa approved by the Pubic Works Dnc:lor.
Public Safet\'i
83. Fire department reQUlramentB for the plaoement of ftra hydrants ahal be complete pllor1D appn,val of deveJoPffWll pannlts.
84. Fire hydrants 8hal be ~ at IDcallDns approved during the hnpRwemant Plan stage and .... be lnatalad based upon Cly ldand·•·
86. 11,a developer, aa apeclllad by City davelopment alandards. ahal Install ·e1ue Dor fir& hydrant 1oca11cn. ae. Eadl res1c1enae ahall have • 8--fnch lighted addreea mamba of contrasting color lnetalled on • front elevatlona or altilmetl\ta sire • agreed to by cle\felOper and FIie Chief.
81. The devalopar ahaa comply with the City Fire Codes and regulatlons aubjeat to Flra Dapaltrnant approval In regards to buldlfV requlr9rnan, fire hydrant plaoamant. and epr1nldar requlntmenta.
88. FINI hydrants (or o4her malhoda appmwd by the FIM Chief) on Ovarland Awnue 8haU be In place and fln:Uonlng prior to approval of Iha ht 16 120
realdentiaJ buldlng permit. Ae hydranla (or other ffllltlOda approwd by b Fn a,lef) 8hal be operaUanal to 1ha aallafaclfon of lhe Flr9 Chief prior ID combuatl,la material being located on lhe 8119.
89. Street names lhall be appn,yed by1he Flnt Department.
90. utllties
Driveways.
shalt
parking
be ~pletad
lols,
pl1or
W818r
to
hi.
lleuance
flra
of
hydnmta.
buldlng perm11s.
and ~
91. Upon c:ompfetlon end approval of the project pfans. a a> shall be submitted ID the Fire Department pro~ lnfonnatlon on straet layout. hydrant locatfonl, water mains. etorm ~rain lnlel8 (I.e. Fire Depadr11ent pre-planrmg).
IJmdRofDp;
92. Alt reeldentlaf lo1B shal haw fully landscaped front yards pdor ID OGCUplhCy of each dWelrv, Fnn ·)'Bid landacape Pin 8hall be aubmlflad with the de-1opment Mater- Plane prior to blMng pann1 llauance and ehall be appn,yed by the City Engineer and Communl_y and Economic Develapna1t Dnmor.
93. The developer shall ~ with the adopted street 1188 ordinance.
94. Masonry walla ahall be landlcaped wlh vlnea to dlacolnge graffiti.
95. The applicant ahall uml landlcape and lrrtgatlcn plans wllh each phase of the lmpn>wmant plane for City nMBW and approval of atreel&cape landecaplng.
96. Landtcape plans for slngle-famlly 1811dencea shall utflz8 drought tolerant plantlnas for no .._ than 75 pmceN d frDrt yards. Tl.If Y8lfetlea shall be ehosen for dmught lalerance. Irrigation systems lhall be aat to mlNmlZB water use and 8plllaQe onto pavad areu.
97. Landscape plans ahal b8 ~Hlgned ~ 8CGOldance wlh TIie 10, Chapter 2.
Wllsr Efficient Landecape Ordlna,ca of 1he Los Banos Ml111dpal Code. 18 ,
..
121
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122
RESOLUTION NO. 6514
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING AND
ADOPTING FINAL TRACT MAP NO. 2015-01
SOUTHPOINTE AT REGENCY PARK, PHASE 8
AND ACCOMPANYING SUBDIVISION
IMPROVEMENT AGREEMENT
WHEREAS, there has been submitted to the City Council of the City of Los Banos Tract Map No. 2015-01 Southpointe at Regency Park, Phase 8 and accompanying Subdivision Improvement Agreement; and
WHEREAS, the single-family residential subdivision consists of 63 lots on 12.54± acres; and
WHEREAS, the Public Works Director/City Engineer has approved the Final Map, the plan check and inspection fees have been paid in full, the City has received all necessary bonds and financial security, and said Final Tract Map has been submitted to the City Council of the City of Los Banos for approval.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos that it does hereby approve and adopt Final Tract Map No. 2015-01 Southpointe at Regency Park, Phase 8 and accompanying Subdivision Improvement Agreement for the real property described in Exhibit "An, shown in Exhibit "B" and authorize recording based upon the following findings:
1. Final Map is in substantial compliance with Tentative Map No. 2015-01.
2. Financial security as required by the Subdivision Improvement Agreement, Subdivision Map Act, and Los Banos Municipal Code has been deposited with the City.
3. All required processing, development, plan check, and inspection fees have been paid.
The foregoing resolution was introduced at a regular meeting of the Los Banos City Council held on the 15th day of June 2022, by Council Member Jones who moved for its adoption, which motion was duly seconded by Council Member Lewis, and the Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Council Members Jones, Lambert, Lewis, Mayor Pro Tern Lambert None
Mayor Faria
APPROVED:
1<.enneth Lam6ert, Mayor Pro Tern
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124
For APN/Parcel ID(&): 424-120-G20-000
EXHIBIT•A•
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LOS BANOS, COUNTY OF MERCED, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
THE REMAINDER OF TRACT NO. 2015-01, SOUTHPOINTE AT REGENCY PARK, IN THE COY OF LOS BANOS, COUNTY OF MERCED, STATE OF CALIFORNIA, ACCORDING TO THE MAP RECORDED MAY 30, 2019, IN BOOK 81. PAGES 20 - 24, OF MAPS.
EXCEPTING THEREFROM THAT ONE-HALF OF AU. OIL AND MINERAL RIGHTS IN, UNDER OR OVER SAID PROPER1Y, AS RESERVED BY VITO SPINA AND ROSALIE SPINA, IN DEED RECORDED JUNE 4, 1945 IN BOOK 806, PAGE 348, OF OFFICIAL RECORDS.
Cl. TA ,.._,._1 Report Fonn O lladll.i (11.17 JIB)
8CAOIICIMQZ 11Da~~ vr.10.11 a
Pmlad: 05.11.21 0 1D:21 NA tir LM
CM'T-8P8-1~1~121CICNIOI
125
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126
OWNER'S STATEJIENT
llf; 11£ IJNDE1ISXJNED, DO H£RE1II' 5"'1F 1H4r M£ Ml£ 111£ a.as OR H4I£ SOIi£ /IIIIHT, 11nE; OR IN1tR£Sr OF RE.CORD II 7HE WiD SHDIIIN ON 1NS 111P AND Ill!" COIISENf 1V 11£ PllfflllMTlJN MID IE:OiD411CW OF 1HIS ll<P.11£ALSOHDlfllrOF1ERNlfiliElOQ4IUDEDICA1/IJNl1)11£arfDl'I./J5-ASf"AS!IIElml /'fJII ~--= :-~'l::wt'Jlf .§!:,,t/~c/!Z,~~~11£~~ LOTS $01 »tROIJGH SID rD MD FRIJII Ft.M:£ RQ40;- NJ. AS SHt1IIN ON NS FM .IW'. -~--
"' - 00£: £::21,, ~2...-
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NOTMY STATfJIENT
A M1TARI' PIJBUC OR 01'£R Ol1ICDI ctlMFl£TIIIG 1HS C£R"1CA1f: lflll'B QW.Y 711£ IDE1l1l1r DI' 111£ IOMll<ML ...,....,,, 1HEDOCIJMENl'l1)WIIICHIHSCElfTFIOl1FISAITACH!!lNIDNDT111£TR<ITlfflN£SS.
Aa>.flOCY, DR ll4WTY Of_~~ - . ----
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PRINC11W. aJUN1Y
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NOTARY STATEMENT
A M1TARl'PIJBUCDl/ (1/1£/10f11C£R CtJIIPWINC 111SCEimFJCATEltl!RSQ\lYIHCIJ£NTTIYafll/£ ACCi.lMCY.
111:Ml!W. llf,I)
ORM1£DTrOF1HAT/JOCfAIJNT. ....,,, 711£ DDalllD(T 11) JHCH 1HS C011R:.J£ IS ll1IN:HE1J, NID NOT 1HE ~ ~ .... ~@/Uep /ss. ON -n?s:t 31 . 20~. EIERJRE ME: /.,/[Mj ,/, '4r4 A NUrAHl' IUJUC, l'OIS(J/WJ.Y Nff:NIOJ ________________ _ -:2) ,·ane H. Rosinson lf/0
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ffltNED 11) IE ON 11£ ""55 OF s.tnSrACnlOY MlOU 11) BC 111£ PERSON($) IHOSC ~) 1$"M£ m THE lffNlj' "5IRlM£NT, A11J ~ ro IE 1H1,,T ~ manm nE SWE" IN IIS/ll£IV1HER NRHOIIIZt1J 04Ala7l!BA NID IHIT IIY ~~ON 11£ IN51TIWENr 1HE PERSDN(Sl OR 111£ DI/IIY /JPON - DI' - 11£ PERSON(S) ACIEI>. EXEDJrE1J 11£ - I CERTIFY UNDER PENALTY Of" PERJIJRY UNDER 111£ IAll'S Of" 111£ STAIE Of" C4l.flHM 1H'1 11£ FOIIE1)///N(] PARMiRNW IS TRI£ N.i CORREr:T.
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TRACT NO. 201541
SOUTHPOINTE AT REGENCY PARK-PHASE 8
8BNG A S/JBDMSION OF LOT ~ AS SHOWN ON TH£ I/AP OF SOIJ1HPOINTE AT REGENCY PARK 7-11, FILED IN VOI.IJME 85 OF OFFICIAL Pl.415; AT PAGES ,U 1tl 49, MERCED COUNTY R£r:oROS,
LYING IN THE SCUTHEAST Q(JN{1FR OF S£r:T/ON 12. TOWNSHIP 10 SOUTH, RANCE: 10 £AST". IIOI.JNT OWJLO BASE IND /ER/DWI
arY OF LOS BANOS, COUNTY OF IIERCED, STATE OF" CAlJFORNIA I/ARCH 2022
BENCHMARK ENGINEERING, INC.
915 17TH STREEr, MODfST'O. CAlJFORNIA. 95354
HEHHrllU.ERM i !I
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OMITTED SIGNATURE STJ.1:-7J.'Jff
PURSUANT n, SB:noN C •;... "" inc SU!D1CS1DV WP N:T, ff FaJ.OIIIINC sr:N4n.t0 HM' 8EDI OltlTTED:
l')l'!"()f" INIUl£S1> - ....,. _, INFA~OF, arfOfl.lJ5tlNIDS OHI) RtTDIDlt:£, BOOK J1t/4 Of"~ IIECl:IIII!; AID£ Ml, ILC.II • .wmlll!ll 7 NJI/QST; tllJB l')l'!"tJl'/NtFJl£ST: NIYRIQfrOFDIIRYANJ£45Dol!MSNEJ:ESSNWFDll71/EFtlODIJCIIOH.- OR S7tlfMGt OF Ql. OR IINlllAIS INFA~OF, lllll.5>WINIDIIDSMJ£.!IWI OHI) RUCROICC: BOOK 1/0d OF - IIBX1IIIJS, IWZ ~ 11.C.R,. R£tXJR/JED 4 JUNE. llff5.
PW#ilNG CO/NISS/ON STATEJIENT
l,STACYSWlAWO.Dll1Et:IORFDIIIIEarfOF"I.IJ58WOSCOWUNITYNIOFJ:ONDIICIJC',fJ,/Pl/£NT D£PNmENr. DO HER£llf 5TA1C ntAT I H4W: mw.EP 7115 #'WU. I/AP W '7RACT' NO. 2015-41 SOU1HFOIN1£ AT RE.'GDIC'f PMllt - PHASE s: MIO 1HAT 1H£ SUl!IDMSION IS SU8SfAN7MLLY TH£ SUE AS 1H4T SHOWN ON THC mlTAJM WI' M¥WOKl> BY 1H£ CITY PWIMC 0liMS5lltW ON THE tt OIY ()F AMY. 201,. AM) 1Hl1' 1MS fWIIL - DI' "l1MCT ND. :!OtHt - AT IBDICY ,_ - PHASE a'~ 1111H IU. I/SURDIEN1S DI' Sll?NHIINCDAIED 1HS ~ DAY OF Vllf\2 , 20.Z:., ~1 1fihlh< Sliilfi tililt"COIMIJHITYNIDBXJIOIICOE\flJJAEJITD#l£ClfJll arfOFIDSBW)S RIGHT ro FARII ST,AT£MENT
PER ltl£RCED CtJlli1Y DfDIWI;£ NO. IZU:
111£ PlltlPElnY D£Sa/1B£D ON 1HE HE1l£tJN - - IS IN 11£ _,, OF WI) l/lllZED Ffill AORltUlUML Plll1l'OSES NID IIESJDEN1S OF 1IIS PROP011Y 1,<Y BC - 11) INCtJNVfMOIC£ OR DISCIJIIFOR1' "'"51NC ,_ 11£ US£ OF AGRJ<l.llUaU. ~ fNCLIIJINC. Bin NOT IMltD 1l1, PES1ICJD£S N/0 FER1&IZDIS, NID FROM 1HEPUR!MTOF AORltU11M --BIRNDTIMltD 1l1, - _,...,, NID- WIIQ/ ~r M4Y <Ell!WCDU5T; - NO/SC. NID QOQt 11£ ctJIMTY OF tE1l!S1 HAS ES1NJlJSH£J) AGRIIWUi£ AS A ,,_,, US£ IN AGRJa.llUML 11JN£S JHCH 111£ OUTSIJ£ OF Ni ES1IIIIUSIEII SPEl:R: UIIBAN - {SVDP) !IIIIAIIIWY, ,,_ /IESIIIDIT1N. CfNlrR (11111:) ~~~!:.,~~==~:i= -llllDISCOIIFDRTFIIOII-.IISZSSMl'AORltUlUMLCl"EIOIIIWS.
S'URl£)Ql(S STATEMENT
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TRACT NO 2015-01
SOUTHPO//flc AT
RF:GENCY PARK 7-11
85-0P-44
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TRACT NO. 2015-IJ1
SOUTHPOINTE AT REGENCY PARK-PHASE 8
8£JNG A SI/BDMSION OF LOT ~ AS SHOWN ON TH£ I/AP OF SOUTHPOINrE AT REGENCY PARK 7-11, Fll£D IN KIi.UM£ 85 OF OFFICIAi. PIA'TS. AT PAGES .U ro 49, IIERCED COUN1Y RECORDS,
LYING IN THE SOVTHEASr QUARTER OF ScCTION 12, TOWNSHIP 10 SOI/TH, RANG£ 10 £AST, IIOUNr DWJL0 S4SE ,WO IERIDWt
CITY OF LOS BANOS, COIJN7Y OF IIERCED, STATE: OF CAI.JF'ORN1A I/ARCH 2022
BENCHMARK ENGINEERING, INC.
915 17TH S1R£ET, IIODESTO, CALIFORNIA, 95354
NOTES
1. ALL B£NllNCS NII> DISVNCES SIKMN HEREDN ARE .tCAStRD IM.£SS tm£RWfSE N01W. 2. AU. D&UNC£S MID DIENSDIS SHfJIIN AR£ IN Ff.El" MID l:IE'CltU. PARTS THEREOF.
J. AIL R£C()///) - SWJftN IS FIIOII IIFIICS) C0VNTr REr:ol/DS. ~ SEE SHEET 2 FOR tEGO,f), 84SIS OF - R£FfRENC£S. Nl1J MJ/J/IIONAL N(1IES.
CURVE ll4TA TABLE UNF: ll4TA TABlE
QIM' tn1" IWJIJS LDKml UNC BE:NIJNG DIST.ANCE
Ct 46'.U'llJ" 211.00' ZJ.>7' LI sw,1:wir 21.21'
C2 1'2<'28" n .00' .. ,... L1 IUJ' ... '02'W 21.21'
..ll',K.~~ CJ .l!1'/J9J7" 211-00' 19.82' ,., S48'11:561f 21.21· I c, 5S'll•t~ 51.Dfl' 49.12'
C5 !IE73'07" 51.00' $0.19'
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C1 !IE73'07" 5UX1' 50.19'
L4 IUJ'..,..,.,, 21.21"
" f«'ll'!rtf 21.21' I ,,, r ,,.,...,..,.,, 21.21"
L7 SfS"ll'SB'II' 21.21'
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CID .l!1'1J9J7" 211.00' 1,.112·
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KJUNE' _'&. PAGC --1::L SHEET 3 OF 3
129
THIS PAGE IS INTENTIONALLY LEFT BLANK
130
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 st-:=/ L July 19, 2023
TYPE OF REPORT: Consent Item
SUBJECT: Accepting Public Improvements for Southpointe at Regency Park, Phase 9 Recommendation:
That the City Council adopts the Resolution accepting Public Improvements for Southpointe at Regency Park, Phase 9.
Background:
The Tentative Tract Map No. 2015-01 was approved by the City of Los Banos Planning Commission on May 11, 2016 by Resolution No. 2016-13. In March of 2022, the Public Works staff was contacted by the developer, Stonefield Home, Inc., a California Corporation, for Final Map approval. The City Council adopted the Resolution No. 6515 approving the Final Map for Southpointe at Regency Park, Phase 8 with accompanying Subdivision Improvement Agreement on June 15, 2022. In June 2022, the developer contacted Public Works for the approval of Improvement Plans for Southpointe at Regency Park, Phase 9. The Improvement Plans were reviewed and approved by the City's Consulting Professional Engineering Firm as well as the Los Banos City Engineer. During construction and upon completion the site was inspected and deemed substantially complete by the City's Consultant. In May 2023, the developer contacted Public Works Staff to request acceptance of Public Improvements for Southpointe at Regency Park, Phase 9.
ITEM 6I
131
Discussion:
The subject is generally located within the area bounded by Northpointe at Regency Park Subdivision to the north, Verona Subdivision to the south, Place Road to the east and future Ward Road to the west, more specifically identified as APN. 424-120-020. The applicant is Stonefield Home, Inc., a California Corporation. The map consists 36 singlefamily lots on 5.68± acres. This Final Map is in substantial compliance with Tentative Subdivision Map No. 2015-01 and public Improvements were subject to all Subdivision Improvement Agreement Conditions. A Landscape and Lighting District Letter of Inclusion was executed for the parcel.
Fiscal Impact:
All public Improvements for Southpointe at Regency Park, Phase 9 have been completed by the Developer. A Maintenance Bond in the amount of $26,591.17 shall remain on file with the City of Los Banos for a minimum of one year after the acceptance of public improvements. All other required processing, development, plan check and inspection fees to date have been paid.
Reviewed by:
Attachments:
Resolution
Site Map
Recorded Final Map
Recorded Subdivision Improvement Agreement
· Exhibit A Original Engineers Estimate
Exhibit B Conditions of Approval
Resolution No. 6515
Brent Kuhn, Interim Finance Director
132
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS ACCEPTING PUBLIC
IMPROVEMENTS FOR SOUTHPOINTE AT
REGENCY PARK, PHASE 9
WHEREAS, the City Council of the City of Los Banos has received a request from the developers of Southpointe at Regency Park, Phase 9 that Public Improvements, for Southpointe at Regency Park, Phase 9 be accepted by the City of Los Banos; and WHEREAS, the City Council of the City of Los Banos has reviewed said request and finds that the public Improvements of said project are in a position to be accepted by the City of Los Banos.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos that does hereby accept the Public Improvements for Southpointe at Regency Park, Phase 9 as presented.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th 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
133
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134
135
THIS PAGE IS INTENTIONALLY LEFT BLANK
136
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SOIJTHPOINTE AT REGENCY PARK -PHASE 9
BDNG A StJ80MSION OF LOT 2, AS SI/OWN ON 11/c AW' OF S0//7HPO/NTE AT RtGENCY PARK 7-11, FILED IN VOi.i/ME 85 OF Off/CW. Pl4TS. AT PACES # ro 49, UERCfD COUNTY RECORDS.
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SIHMYOR'S STATEMENT
'1IS WtP NMSP/i£PIIIED l/'IIICQ'l IMDt1t llfDIIIB:mNN«J IS Msm &FON A f'ElJ) $IIMY ft/ ~ lffTH TH£ ~ OF 1HC SlA6QIMSNW
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CITY SURVEYOR'S ST;l,TEMENT
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1FNTA1NC Mllr, IND Mir Aff'ROl£D At1DM110t6' 1HERErJF, THAT Ml OF 11£ SVBDMSIO#I MAP N:I AJIJ M(( LOC'At. ORI»MNC£S OI' THE r:trr DF tOS BlitCIS AND IERCED COllm; APPUCAllt.£ AT H 1llE OF .M¥'JitlNIL. OF 1ffE JEM'AM IIAP Mllf' SIDI COIIPU£1) WfTH. ow, """.M• a<r Of ~<. , ,.~
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CfTY CLERK'S STATDIENT
4 UQ.L£ ~ ~OIE£ arr CURI( DF 1fE ct1Y CF t.OS &cM2S. STArr or ~ oo HERDW STA1l" 1H4T AT 'THE R£li.UAR ~ OF 1Hf arr c.otH:'lt Of 1H£ arr OF LOS ~ ffl1F DF C4t.fDIN,\ HD./) ON 1fG JS!::!. QIY OF~ • 2Q'L'L • THE At:COIIPANnNG RN'J.. l,I.IJI OF "'i1MCT M:J. 2015-01 SDUrHPOINrE AT R£CENC't PARI(.- PH6£ s· 11($" ~ .v::ctFTm ON BEHMF or 11E PUB.JC. FOR 1Ul£ US£. 1H[ ~a:-~ ~~'tU.W.~~~~J.-" MID 1IE OFFER r.r D6JICA110N IN
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Rff:0/10fR's STATEMENT
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TRACT NO. 2015-()1
SOIJTHPOINTE AT REGENCY PARK-PHASE 9
BEING A SUBDMSION OF LOT 2, AS SHOWN ON 7lf£ MAP OF SOUTHPOINTF AT REGENCY PARK 7-11, FILED IN VOWM£ 85 OF OFFICIAL PU.TS, AT PAGES 44 ro 49, MERC£D COIJNTr RECORlJS,
LYING IN TH£: SOUTll£AST QUARTER OF SECTION 12, TrNINSHIP 10 SOI/TH, RANG£ 10 E"AST, MOUNT DIABLO ~ AND IIERID/AII CflY OF LOS BANOS, COUNTY OF MERCED, STATE: OF CALJFDIINIA MARCH 2022
lit. BENCHMARK ENGINEERING, INC. '7 915 17111 S1REET, IIODESro, CA/JFORNIA, 95J!U L£G£ND
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BASIS OF 8£ARINGS
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REFEROICE:S
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TRACT NO. 2015-01
SOIJTHPOINTE AT REGENCY PARK• PHASE 9·
BEJNG A SUBOfVIS/ON OF LOr 2, AS SHOWN ON TH£ MAP Of SOl/THPO/NTE Ar RcG£NCY PARK 7-11, RI.BJ IN VOLUIJ£ 85 OF OmctAL PIATS, Ar P/!&ES # ro 49, MERCED COUNTY RECORDS.
01NG IN TH£ SOI.ITH£AST QUARTER OF SECTION 12. 1l1WNSHIP 10 SOlml, RANG£ 10 E"AST. MCIJNr DIABLO BAS£ Nil) 4/ER/DIAN
CITY OF LDS BANOS, cownr OF M£RC£D, STAT£ OF CAJJroRNIA MARCH 2022 lit. BENCHMARK ENGINEERING, INC. .::1 915 17TH STRID; MOD£SFO, CALJFORNJA. 95J54 CURVE QATA TAB/.£ CURVE QAl)I TNJL.£
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139
THIS PAGE IS INTENTIONALLY LEFT BLANK
140
''
Recoxding Requested By:
City of Los Banos
And When Rec:ordccJ Mail to:
Lucille L. Ma11cmce, City Clerlc
City of Los Banos
520 ]Street
Los Banos CA 93635
ReoGrded in Oftic:111 Records,
MERCB) COUNTY
DOCIII: 2022024361
0612812022 08:33 AM
S above this line fur Rcccmler's DIC.
SUBDIVISION IMPROVEMENT AGREEMENT
1111S AGREEMENT made this ~3vd day of "30'{'\e,_. 2022, between STONEFIELD HO.ME, INC., a California Corporation, Parties of the First Part. hereinafter designated and called "DEVELOPER(S)", and the CITY OF WS BANOS, a municipel corporation. the Parties of the Second Part, hereinafter designated and called "CITY".
WHEREAS, the DEVELOPER(S) have presented to the CITY a certain Fina) Map located within the corporate limits of the CITY, and known and descn"bed as Tract No. 20 I S-01, Southpointe at Regency Parle Phase 9, comprised of 36 single family residential lots on apptoxim..tely 5.68 acres, a copy of which is an file at the City of Los Banos Plamung Department and made a part of this AGREEMENT by reference, and said DEVELOPER(S)bave requested the CITY to accept the dedications delineated and shown on said Final Map in order that the same may be recorded as required by law; and,
WHEREAS, the CITY requires a condition precedent to the acceptance and approval of said Pinal Map, the dedication of said casements as are delineated and shown on said Pinal Map, and deems the same as necessaiy for public use, and requiles and deems as necessary for the public use that any and al1 street improvements delineated and shown thereon shall be improved by the construction thereon and the installation therein of the improvements hereinafter specified in Paragraph One herein; and,
WHEREAS, certain sections of the Los Banos Municipal Code require the DBVELOPER(S) to enter into this AGREEMENT with the CITY whereby DEVELOPER(S) agree to do, perform, and complete the works and matters hereinafter in 1his AGREEMENT mentioned and set fmth in de1ails, within the time hereinafter mentioned, in considcratiou of the acceptance of the offm of dedication by the CITY; and,
WHEREAS, 1he City Council of the City of Los Banos has found said Final Map by Resolution No. ip 5 { 5"° to be in substantial compliance with the designs and Conditions of Approval of Vesting Tentative Tract Map No. 2015-01.
NOW, THEREFORE, in consideration of the acceptance of the offers of dedication of easements, and facilities as shown and delineated on said Final Map, and the approval of said Final Map for filing and recording as provided and required by law, it is mutually agreed and understood by and between DEVELOPER.(S) and CITY as follows:
Subdivision lmpn,vaDl:ut~ FM#20IS-01
SOUTHPOINTE AT REGENCY PARK, PHASE 9
141
SUBDMSION AGREEMENT
1. That the CITY has fixed and does fix the time within which DEVELOPER(S) shall do and perform the worlc and improvements hereinafter specified and at such time during this period as designated by the Public Works Director/City Engineer of the CITY, but no later than the 111 day of June 2024, with the said provision that this time may be extended by consent of the City Council, and that the DEVEWPER(S) will, within the period of time stated herein above in this paragraph stated and fixed, do or cause to be done and perfonned, the following described worlc and improvements,(as detailed in attached Exhibit A) all at their own eost and expense, to the satisfaction of the Public Worlcs Director/City Engineer in accord with the approved subdivision improvement plans and existing City Policies and adopted Standards, including all costs of inspection, to-wit; IMPROVEMENTS:
1. SITE PREPARATION $ 24,737.70
2. WATER· $ 40,820.00
3.SEWER $ 39,080.00
4. CONCRETE $ 79,711.50
5.PAVEMENT $ 64,562.50
6. ELECTOLIERS $ 10,000.00
7. MISCELLANEOUS $ 7,000.00
TOTAL $ 265,911.70
2. The DEVELOPER(S) shall furnish bonding or other forms of security for the estimated cost of the remaining improvements, agreed to by the CITY for Perfonnance at 1000/4, $265,911.70 and Labor and Materials at 50%, S131,95S.8S and prior to the release of other security, for Warranty and Guarantee at 10% in the amount of$26,S91.17 In addition, the DEVELOPER(S) shall provide a bond or other form of security in the amount of $3,500.00 for survey monuments, per §66496 of the Government Code.
3. The DEVELOPER(S) agrees to pay the following fees at the time of signing the AGREEMENT Jess any amount previously paid and not to exclude pending invoices from outside consulting firms.
ENGINEERING AND INSPECTION
5% of Approved Engineer's estimate ofS265,9I 1.70 $ 13,295.59 Less: Deposit for Plan Check (Rec#0I639179) $ (6,314.36) Less: Payment (Rec#OI 738669) $ (6,981.23)
SUB-TOTAL $ 0.00
FINAL MAP REVIEW
Charges for Phase 9 $ 2,000.00
Less: Deposit for Map Review (Rec#Ol621219) $ (2,000.00) SUB-TOTAL s 0.00
TOTAL $ 0.00
Subdivision lmprove111C11t Agreement 2 FM#2015-01
SOUl'HPOINTE AT REGENCY PARK, PHASE 9
142
. ,.
4. In accordance with adopted City Policy, security funds may be released for each category of improvements, as per Engineer's cost estimates for $265,911.70 (attached as Exfnbit "A''), as approved by Public Works Director/City Engineer and accep1ed by the City Council.
5. The DEVELOPER(S) shall install improvements in accordance with the requirements of the City of Los Banos Municipal Code, the Standard Specifications of the City of Los Banos, the approved Subdivision Improvements and Grading Plans and the Conditions of Approval of Vesting Tentative Tract Map No. 2015..() l. All public improvements and utilities must be installed prior to occupancy of units.
6. In the event that the DEVELOPER(S) shall damage, destroy, or tear up any existing improvements, DEVELOPER(S) agree to repair or replace such destroyed or damaged improvements at their cost whenever such damage shall occur.
7. Street lights shall be furnished and installed by the DEVELOPER(S). It is solely the DEVELOPER{S) responsibility to coordinate the installation of street lights with the Pacific Gas and Electric Company and pay any and all fees necessary for their installation. At the time of acceptance, the street lights. including conductors to utility owner splice boxes, shall become the property of the CITY.
8. Any improvements not shown on the approved Improvement Plans which are to be dedicated to the CITY or which are to be placed within the proposed City right-of-way, including mailboxes, private and utility works, shall not be constructed without written approval from 1he CITY. It shall be the DEVELOPER(S) responsibility to ensure that mailboxes for use by the U.S. Postal Service are available for residents at the time of occupancy; installation to be per plans approved by the Postmaster and 1he CITY.
9. All earthworlc and construction shall meet the requirements and recommendations of the Soils Report, the Amended Soils Report for the Project and the adopted Improvement Standards and Specifications of the City. The DEVELOPER(S) shall, at their expense, provide a Soils Engineer whose responsibility includes the professional inspection and approval concerning 1he preparation of ground to receive fills, excavation and backfill operations, stability of all finished slopes, and testing for required compaction. Prior to 1he issuance of stru.ctura1 permits and prior to occupancy release, 1he Soils Engineer shall certify, in writing, that all earthwork including trench backfill meets the requiremen1s and recommendations of the Soils Report and the adopted Improvement Standards and Specifications of the City.
10. Neither the CITY norany of its officers or agents shall be liable to DEVELOPER(S) or their contractors for my eJIOl' or omission arising out of or in connection with any work to be performed under this AGREEMENT. During the progress of the work, ifit becomes necessary to modify the design because of errors or omissions on the plans or unforeseen conditions which render a portion of1he project inoperable, unsafe, or prohibits a part of the project from performing satisfactorily in Subdivision Improvement Agree111CDt 3 FM#201S-Ol
SOUTilPOINTE AT REGENCY PARK. PHASE 9
143
the opinion of the CITY, the plans shall be modified in accordance with the recommendations of the CITY. The DEVELOPER(S) shall be responsible for all costs incurred in revising the plans and performing the work in accordance with the modified plans.
11. The Improvement Plans may be modified upon approval by the CI1Y at no cost to the CITY. ll. The CITY shall not be liable to the DEVELOPER(S) or to any other person, firm. or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this AGREEMENT, or any part thereof.
13. The DEVELOPER(S) hereby release and agree to indemnify and hold the CITY hannless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indin:ctly from the performance or nonperformance of any or all work to be done in and upon the street rights-of-way in said subdivision and upon the premises adjacent thereto pursuant to this AGREEMENT, and also from any and all injuries to and deaths of persons and injuries to property or other interests, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, either directly or indircctiy made or suffered by the DEVEWPER(S), the DEVELOPER(S) agents, employees, and subconlraetors, while engaged in the perfonnance of said work.
14. The DEVELOPER(S) agree that the use for any purpose and by any persons of any and all of the improvements herein before specified, shall be at the sole and exclusive risk of the DEVELOPER(S) at all times prior to final acceptance by the CITY of the completed improvements.
Thereon and therein; provided, that acceptance by the CITY shall in no way eliminate or lessen any ofDEVELOPBR(S) obligations and undertakings contained in this AGREEMENT. The issuance of any occupancy permits by the CITY for dwellings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the improvements in said subdivision.
15. It is mutually agreed by the parties hereto that the Public Works Director/City Engineer shall have the right to reject any or all of the work t.o be performed under this AGREEMENT if such work does not conform with the plans and specifications mentioned herein or the ordinances of the CITY. Reinspection of corrected work shall be at the expense of the DEVELOPER(S). The cost of such reinspeciion is not included in the Engineering and Inspection Fee described in Paragraph 3 of this AGREEMENT. Any damage to the sewer system, utilities, concrete work, or street paving that OCCW'll after installation shall be repaired by the DEVELOPER(S) to the satisfaction of the Public Works Director/City Engineer by the DEVELOPER($) before release of bond or final acceptance of completed work.
Subdivision Improvement Agreement 4 ·FM#201~1
SOUTHPOINTB AT REGENCY PARK, PHASE 9
144
• I
16. DEVEWPER{S) shall provide for adequate erosion control as determined by the Public Works Director/City Engineer on individual lots and from exterior property draining into the area of the subdivision, to protect the public rights-of-way and improvements. Erosion conlrol on individual lots shall continue until such a time as :front and street side yard landscaping is installed.
17. Without limiting the foregoing, DEVELOPER(S) warrant and guarantee materials used and workmanship performed on said work for a period of one (1) year after completion and acceptance thereof by the City Council, or the Public Works Director/City Engineer.
18. Upon completion of the improvements, specified herein the DEVELOPER(S) shall file a Notice of Completion with Merced County and submit to the City "As Built" drawings on mylar, of the improvements. The-Notice of Completion shall be filed no later than thirty-five (35) days prior to consideration for acceptance of the improvements by the City Council. As part of the request for acceptance of improvements, the DEVELOPER(S) shall submit a title report encompassing each of the parcels within the Subdivision which discloses all liens or claims which may have been recorded in or prior to thirty-one {31) days following the date of recordation of the Notice of Completion. If any liens or claims are thus revealed, the DEVELOPER($) shall either remove the liens and claims and submit an updated title report prior to acceptance of the Subdivision by the CITY, or shall enter into an agreement with the CITY that provides to the satisfaction of the CITY a method for the removal of such liens and claims at no cost to the CITY.
19. It is hereby mutually covenanted and agreed by the parties hereto that DEVELOPER(S) contractors are not agents of the CI1Y and that the contractors' relations to CITY, if any, are those of independent contractors.
20. That the applicant furnish the CITY with a reproducible 8 1/2" x 11" map of the Final Map of this development prior to issuance of permits.
21. DEVELOPER(S) shall comply with all applicable original or amended Conditions of Approval of Vesting Tentative Tract Map No. 2015-01 prior to acceptance of public improvements or :final of any housing units.
22. No work shall commence under the terms of this AGREEMENT prior to all of the following being completed: deposit of improvement security per City Council resolution; issuance of a Subdivision Improvements grading permit other than rough grading and site preparation; and payment of all required development fees.
23. All costs for engineering and inspection services which exceed the 5% fee specified above will be invoiced to the DEVELOPER(S) and must be paid in full prior to acceptance of the subject improvements by the CITY.
24. If construction of improvements has not begun within one (1) year from the date of this AGREEMENT, then prior to commencement of work the Public Works Director/City Engineer shall review the improvement plans and detennine if revisions are required. In any case, a new engineer's Subdivision Improvement Agreemeot s FM#201S-01
SOUTHPOIN'I'E AT REGENCY PARK, PHASE 9
145
cost estimate shall be submitted by the applicant to the Public Works Director/City Engineer. The applicam shall be responsible for any modification to the plans required by the Public Woiks Direct.or/City Engineer and shall pay all plan check fees plus the difference in inspection fees due based on the new cost estimate.
25. The DEVELOPER(S) acknowledge the requirement to comply with the enviromnentaJ mitiption measures for Vesting Tentative Tract Map No. 2015-01, and the conditions of approval for said tentative map. (attached herein as Exhibit 'B'), in the development of this Subdivision.
26. The terms of Ibis AGREEMENT an: not intended to, nor do they, relieve the DEVELOPBR(S) of any conditions of approval. compliance with City Standards or compliance with mitigation measures of adopted environmental documents. the compliance with which may be placed as a condition of permit issuance or occupancy.
27. Tune is of the essence of thiB AGREEMENT. It is agreed that the provisions of this AGREEMENT shall apply to and bind the heirs, executors, admmistrators, successors, devisees, and assignees of the respective parties hereto.
IN WITNESS WHEREOF, the parties have executed these presents or caused the same to be executed by the officers thereunto duly authorized on th7~year in this AGRBEMENf first above wrillffl.
f
Stonofield llame, Ih
ATIEST:
f!w,o, -J __
Lucille L. Mallonee
City Clerk
City of Los Banos
Signatures need to be notarb:ed.
Attadl a Notary AdmowledgemenL
Subdivision Improvemeaf A.gRement
A~ , vdn
tr.':=wt~:::.
PARTIES OF THE FIRST PART
CITY OF LOS BANOS A-7L ~~ ~
....,,. an'-"- u.e Thomas :-=~ ✓ / ~ F,-.,. ana, ,..... · '=m="""---=-"""-_;
PARTIES OF THE SECOND PART
6 FM#2015-0l
S0tn'HPOINTB AT Jtl!OENCY PARK, PHASE 9
146
t : 1 ,I
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies onJy the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF ~w ~ .,
On • , \ "d- before me, ~ ~ [\OV P,. • IZci?L! \ , Notary Public, personally appea_red ~~ ~.\: \~ ----- , who proved to me on the basis of sati~factor:y evicfy!~ to be the·pe_rson(s) whose name{s) _is/are subscribed to ·1:he withln instrument-and· acknowled~j"ed to me that ·he/she/ttiey executed tlie same In his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of california that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signatu~ 2A ~ 01 (Seal)
19. ;.:.::"~ -. J
; . ,.,otary Public • C.Hfornla
I! • Me-rud County 2
Commts.ilon I 2145695 -
llr'J Comm. Expires Feb 8, 2025
147
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California }
}
County of Merced }
On this 23rd day of June , _ 2022 before me, Lucille L. Mallonee , a Notary Public in and for said State, personally appeared Manuel Thomas Faria Ill , who proved on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature{s) on the instrument the person(s}, or the entity upon behalf of which the person(s} acted, executed this instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
1······*••·-
~ '-I.~
Signature of Notary Public (Notary Seal)
148
.EXHJBITA
BE K CIVIL ENGINEERING & LAND SURVEYING
t'l617'1118IINI • IIDdlem, CABIIIM •IDl.&4U800 J081Jtllllai25 111f8/D1
Ell8IEl!R8 9QIID aTIIMYE
l'CR
8GU1M'OIIQ&ATIIIEICYPMK
l'HAll·••l.0'8
L0811M01,CA
ITB'II ....,
A. ii1t PfCfio,W.'flON
QIMN. INrPIIICE AMOUNT
1. GIWIIIG a, Hf~ ID.10 134,137.70
8UB-1Ul'N,. sa,t,717.',0
a. WA'TER
1. rWA1ER LF llli RIJO $1UIO.OO
2. 1" WATER SERVICE &A • llllllOO '1I.CIIIO.GD
l FIRE IMIIWffWllM TSi, MIE VALVE & BURY EA 2 13.IID.IID 17,IIDO.IIO
4. COHNECTTOlliXl811NGrWA1ER EA 2 i1.CIID.DO '2,11111).00 BUB-TOTAL M12D.OO
C. SEWER
1. rBEWER u: 834 -- -.-..00
11. 119E..a8EIMCE EA • t4aQ.CID $14,G,OO
a. ITMDMDIWIHOU! &A 4 '2,IGO.IIO 11D,IIDO.IIO
4, CQfNCl'lO l!XIBTINGIEWER EA 2 11,CIDOJII) '2,,IIOO.IIO 8lJ•1Vl'AL
D.
1. CONCRETE
r VE1mCH. cum, GUnER LF t,67& IWIO
---
$2D.4'11JJO
2. 81DEWM.K (INCLUDING ft!TURNIII SF ... '3.10 .....
a. AE81DEN1W. RVINIAY liA • 11.cm.oo ...... at<JTAL '78,711.IID E. PAVEMENT
1. 0.21' ACI CUIO' All G.80' ASB 8F 21,1111 ~ .... .,
2. MONUIEN1' WEIL l:A 2 - IIIOl>.IIO
SIJ&.TDTAL ........ F.B.ECnlOUERS
1. 1111W aTREEr LIGffT1I EA 4 '1G,OIIQ.CICI
BU&-10TAL $111,0GO.IID
149
•
ENGll&R8 BOND D11M,\1E
80lml'OINTE AT REGENCY PARK
LOSMNOl,CA
J0B 1110002S
111111GD21
MGE2
rrBI DE8CNPTION
G. Ml8CEUNIEOU8
1. 81M'IIIGAND81GNAOE
a. fROIIION 00lfflQ.
N01E:
UNrT CllMN.
18 L8
-.rorAL.
CONtTRUCTIONaua.TOT"AL
1ft C0N11NGENCt
CONBTRUC110NTOTMJ
UNITPRICE AIIDUNI"
'1,000.00 '2,GII0.00
'8,000.00 15.000AIO
$7.000.DO
$1115,111.70
•• ,.11
'2112.1G2.17
1. 1HE l«1{E DE\IEL0PMENT COIT ESTIMATE DOES IK1I' INCWOE LAND. ADJACENT RIGHT-a:-wAY, ltffl!REfT, TAXSS, COINSSl0N9, LEG,IL Fl!ES, ENCllNEl!IIING l'EE8, ~ FED. CITY FEES.
FED QIARGED INCONNECt10NWl1HA BUI.DING PliflMIT. PNCE8 REFIJ,CTCIJRRENFNOAMAl.
C0NSTRUC110N COSTSANDMESUILEC'I" 10 CHANGE ONCE ITREETM'RO\IBENT PlMI HAVE BEEN APPROVED.
PRePARED BY TG REVl&WEDB'f'-----'---
l!:1~91111:11-11-11..,,.. .... ~
150
ExhibitB
CONDmONs OF APPROVAL FOR VESTING TENTATIVE TRACT MAP #2015-01 -
SOUTHPOINTE AT REGENCY PARK
General
1. The applicant shall submit a revised Vesting Tentative Tract Map to the Community and Economic Development Department reflecting any modifications, additions, and/or cond"dions of approval, within 30 days from Planning Commission approval. ff necessary, the revised Vesting Tentative Tract Map shall be reviewed by the CHy Engineer and the Community and Ecoll()ffllc Development Director and signed by the Community and Economic Development Director for pul'l)9ses of providing a clear record of the approved Vesting Tentative Tract.Map.
2. The Vesting Tentative Tract Maps, F,na1 Maps, and Improvement Plans shall be consistent with the Final Development Plan, as conditioned.
3. Approval and life of the Vesting Tentative Tract Maps shall be as set forth In lhe Los Banos Municipal Code.
4. All development shalt be consistent with the Vesting Tentative Tract Map #2015-01 and approved Final Development Plan #2015-01, reflecting any amendments added during approval.
5. The Final Map(s) shall be in substantial compliance With the approved Vesting Tentative Tract Map, Including any changes set forth in the conditions of approval.
6. A Final Map shall be prepared by a professional land surveyor Hcensed in CaUfomla or a professional engineer licensed In Califomia and qualified to practice land surveying, according to the Subdivision Map Act, and local ordinances.
7. At least two points on the Final Map shall be tied to the Callfomia State Plane Coordinate System (NAO 83) with ties shown and closure calculations depicting 1he tie bearings and distances.
8. A letter from the Tax Collector shall be submitted prior to the recording of the Final Map which Indicates that taxes have beeh paid or a bond has been posted.
9. A Final Map Guarantee shall be prepared and provided to the County Reoot'der.
6 151
..
1 0. When the submittal has been technically approved, the original myfars and a conforming mylar will be signed and notarized (notary shaN not be stamped on the map) and delivered to the Publlc Works Department.
11. Developer shall include a Public Utility Easement of ten ( 1 0) feet along all rt>ad frontages.
12. For all properties within 1,000 feet of agricultural operations, deed notices shall be recorded with the final map. The deed notice shall require property purohasen1 to acknowledge the existing and ongoing commercial and/or agricultural uses on adjacent and nearby properties, and the Meroed County Right-to-farm Ordinance.
13. Building Master Plans shall be approved by the Community and Economic Development Department and Building Department prior to Issuance of the first building permit and shall be consistent with Final Development Plan #2015-01.
14. Improvement Plans shall be submitted to the City for approval prior to/or concurrent with the application for each final map and the follqwlng note shall be required: "The Contractor fs responsible for protecting and preserving survey monuments and other survey markers. Any survey monuments damaged as a direct or indirect result of construction activities shall be re-established by a duly licensed land surveyor at the Contractor's sole expense. A comer record shall be flied In accordance with State law for any reset monuments at the Contractor's sole expense.•
15. Improvement Plans shall Include a street signage and striping plan to be approved by the Public Works Director.
16. On-site Improvements may be constructed prior to the recording of the final map subject to City approval of Improvement Plans and payment of applJcable plan check and Inspection fees, and satisfaction of all construction conditions of approval.
17. Off-site public improvement plan(s) shall be submitted to the Public Works Department for approval prior to/or concurrent with the applialtlon for the Final Map. The developer shall not commence off-site improvements until approval Is received by the Public Wor1(s Department The developer shall enter Into a subdivision Improvement agreement with the City and provide labor and maintenance bonds in an amount of 100% of ttte Engineer's Estimate for public improvements to be completed following reoordation of the Final Map.
18. T~ project Is subject to the appropriate Development Impact Fees as established by the City.
7 152
19. Private property owners shall be responsible for the maintenance of sound walls and decorative masonry walls located on private property.
20. The applicant shall obtain City approval In advance for permanent and temporary on.site and off"5ite signs through separate sign reviews and bonding consistent With the development criteria of the Los Banos Municipal Code - Sign Ordinance.
21. It Is the applicant's responsibility to ensure that the development complies with the Americans with Disabilities Act. requirements.
22. It shaU be the responsibility of the applicant to convey copies of the conditions of approval to all contractors and sub-contractors.
23. Building permits will be issued in accordance with City Subdivision Polley that identifies the Improvements required In order for a buHding permit to be issued.
24. All structures, foundations, and footings for future buHdings on the project site shall be designed and constructed to conform with the current Uniform Building Code for Seismic Zone 4 to minimize structural damage resulting from potential seismic activity.
25. An engineering soils report shall be prepared for all projects in order to identify soil characteristics requiring special structural design. on .. slte and off~slte structural design shall confor:m to the findings and recommendation of the engineering soils report. The report shall be p~~red prior to lssuanr..e of a gradlng .. perrntt, subject to review and approval of the Los 'Banos City Engineer.
26. Prior to issuance of building permits for development of sensitive residential land uses {e.g. houses, schools, parks, day care), or other uses in which persons may contad solls), a Phase 1 environmental assessment shall be prepared to determine ~ soils contain hazardous materials. If ne~ssary, a remediation plan shall be created and implemented. The assessment and any necessary remediation plans shall be subject to the approval of the Community Development Deparbnent.
27; Improvement Plans and Grading Plans shall delineate the location and design of all required walls and fences including retaining walls.
28. Improvement Plans shall include mailbox locations, which must be approved by the US Postmaste.r and the City of Los Banos.
29. Undeveloped portions of the subdivision shall be controlled of weeds and free of debris and litter.
8 153
30. Due to the possibility that significant buried cultural resources might be found during construction, the followfng language shall be Included In any permits Issued for the project site, Including, but not limited to bulldlng permits for future development, subject to the review and approval of the Los Banos Planning Division:
If archaeological resources or human remains are discovered during construction, work shall be halted at a minimum of 200 feet from the find ~ the area shall be staked off. The project developer shall notify a qualified professional archaeologist. If the find Is determined to be significant, appropriate mitigation measures shall be fonnulated and implemented.
31; In the event of an accidental discovery or recognition of any human remains In any location other than a dedicated cemetery, the City shall ensure that thiS language Is included in all permits in accordance with CEQA Guidelines section 15064.5(e):
If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area ~nably suspected to overlie adjacent human remains until the Los Banos Police Department contacts 1he coroner of Merced County to determine that no investigation of the cause of death is required. If the coroner detennlnes the remafns to be Native American, the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall Identify the person or persons It believes to be the most likely descendent from the deceased Native American. The most likely descendent may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided In Public Resources Code Section 5097.98. The landowner or his authorized representative shaU rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission Is unable to identify a most likely descendent or the most llkefy descendent failed 1o make a recommendation within 24 hours aft~r being notified by the commission; b) the descendent Identified falls to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.
Pre-Construction and Construction
32. A minimum 200-foot separation shall be mainlained between residences and material stockpiles, debris piles or containers and equipment storage during the construction process. If such storage must be located within 9 154
200 feet of a residence, a six-foot high opaque fence shall shleld the storage area from view when the storage area is inactive for more than eight hours. This requirement shall be incorporated into the specifications for au construction plans, subject to review and approval by the City of Los Banos Community and Economic Development Department.
33. Two points of all-weather access shall be provJded to all areas of the development during all phases of construction to the satisfaction of the Fire Department In areas where res~entlal units are under construction.
34. Temporary construction trailers shatl be pennitted only in areas immediately adjacent to or within that portion of the subdMslon where active subdivision construction Is taking place. Placement of said construction trailer Is subject to the Community and Economic Development Director approval in accordance with Title 9, Chapter 3, Article 38. Temporary Use Ordinance of the Los Banos Municipal Code.
35. During construction, and for safety purposes. the developer and assigned contractors shall keep the public right-of-way clear of obstructlons1 and provide for clean up on a daily basis.
36. Prior to acceptance of public improvements, all entries to the subdivision shall be barricaded to prevent the public from entering the construction site.
37. Undeveloped portions of development sites shall be controlled of weeds and free of debris and litter. The applicant shall provide protection against wind and water soil erosion on undeveloped portions of the project site.
Temporary vegetation on undeveloped portions of the project site shaH not be allowed to grow taller than eighteen inches.
38. All contractors and subcontractors perfonnlng work relative to this project shall obtain City of Los Banos Business Licenses, prior to start of work on the project. All work pe{fonned on the project shall comply with the requirements of the State Business and Professions Code.
39. Construction shall be limited to those times allowed by City Ordinance:
Monday through Friday from 7:00 am to 7:00 pm: Saturday from 8:00 am to 7:00 pm; and Sunday from 9:00 am to 7:00 pm. Properly muffled equipment shall be used.
40. The developer shall incorporate soil erosion control measures Into grading and drainage plans that comply with NPDES storm water regulations.
These measures shall be monitored for effecttveness by the City of Los Banos. Such measures may Include, but not be limited to, the following:
a. Limit disturbance of soils and vegetation disturbance removal to the minimum area necessary for access and construcUon;
10 155
b. Confine all vehicular traffic associated with construction to the right-ofway of designated access roads; c. Silt fencing in~lled In accordance with the American Society for Testing and Materials standard 06462.
d. Adhere to construction schedules designed to avoid periods of heavy precipitation or high winds;
e. Ensure that all exposed soil is provided with temporary drainage and soil protection when construction activity Is shut down during the winter periods;
f. lnfonn construction personnel prior to construction and pertodlcally during construction activities of environmental concerns, pertinent laws and regulations, and elements of the proposed erosion control measures;
g. Compllance wfth National PoHutfon Discharge Elimination System (NPDES) permits administered by the California Regional Water Quality Control Board; and
h. Development of a plan to employ best management practices that reduce the level of pollutants discharged into natural waterways and wetlands.
41 . Where standard comer lot side yards abut a street, a minimum three-foot landscaping area shall be provided between the back of sidewalk and the fence.
42. Restricted access rights shall be Irrevocably offered for dedication to the City along the rear edge of private property where properties back onto streets, and shall be shown on final maps.
43. Masonry walls shall be decorative and in conformance with the Final Development Plan. A minimum 3 foot landscape area shall be provided between the back of the sidewalk and any masonry walls.
Air Qualjty:
44. Housing units shall be oriented to maximize passive solar cooling and heating when. practicable.
45. Gas fired appliances shall be low NOx emitting appliances complying with California NOx Emission Rule #1121.
46. The developer shall comply with au applicable Indirect Source Rule requirements of the San Joaquin Valley Air Pollution Control Dlstnct. 11 156
Developer shall prepare an air emissions reduction if required.
Access and Circulation:
47. All street traffic impact fee reimbursements shall be per the Transportation Impact Fee program (TIF). The reimbursements shall only apply to Ward Road up to Overland Avenue Intersection and Overland Avenue.
48. Full width Improvements for Ward Road from the southerly boundary of the project to the northerly boundary, shall be constructed in conformance with the phasing plan as approved by the Public Works Director.
49. No driveway access shall be allowed from or on Place Road or Overland Avenue.
50. Ward Road shall be designed wi~h a minimum 59' public right-of-way.
51. The Class I and II bicycle paths shall be designed in confonnance with Caltrans design standards, and shall specifically be designed to reduce intersection conflicts between cyclists and automobiles, using signage, lighting, and/or special street pavement treatments at and near points · of intersection.
52. The developer shall be responsible for constructing public streets per the Vesting Tentative Tract Maps including, but not limlted to curb; gutter and sidewalk, decorative masonry wall, and landscaping where noted.
Improvements to arterials and collector streets shall be completed prior to occupancy of any use within the project boundaries, and improvements to neighborhood streets shall be complete prior to occupancy of any house that requires the street for access.
53. All street signage and striping within the project area shall be approved by the Public Works Department and shall meet all line-of-sight requirements.
54. Prior to acceptance of subdivision improvements, the developer shall install all street and traffic control signs, pavement striping, and street name signs in accordance with the public improvement plans and City standards.
55. Final Map(s) shall show a non-access strip 12 inches in width on private property along the frontage of arterial and collector streets, except at driveways, for the purpose of constructing sound walls and decorative masonry walls.
56. Prior to acceptance of the subdivision improvements, the developer shall be responsible for installation of all street and traffic control signs, pavement striping, and street name signs in accordance with City and/or Caltrans standards.
12 157
57. The developer shall be responsible for obtaining encroachment permits from the City of Los Banos prior to performing any work within the City's right-of-way.
58. The developer shall design and install traffic calrrilng measures throughout the project area as approved by the City Engineer.
59. Traffic calming shall be provided on the existing and future Castellana Street and Palermo Street
60. Traffic calming measures may Include, but are not limited to, raised intersections, speed cushions, stop slgns, varied cross sections, and roundabouts. ·
bandscape _and Lighting District:
61. PriOr to approval of any final or parcel map, the developer shall form or annex the subject p~perty to a Lighting and Landscaping District created for purposes of maintaining public landscape areas, slgnage and public fighting including a share of traffic signal maintenance costs as authorized pursuant to the Landscape and Lighting Act. of 1972, Part 2 of DIVlslon 15 of the California Streets and Highways Code, and Article XIIID of the Califomla Constitution. The fonn, tenns and conditions and the tax rate for the fonnation of the Lighting and Landscaping District, or In the altemative the annexation of the subject. property to an existing district, shall be as approved by the City Council, as determined In its sole and exclusive discretion. It is the Intent of the parties that the assessment of the subject property wiD be apportioned to each parcel In proportion to the special benefit it receives. District fonnation or annexation shall be at the sole cost of the developer.
Utilities:
62. The applicant shall construct water, sewer, and stom, drainage facilities as noted on the Vesting Tentative Tract Map, In accordance with City standards. The projed shall comply with the current City Plans, Standards, and Specifications, all Master Plan requirements, and the applicant shall work with the Public Wo11cs Department In regards to needed infrastructure and development during the Improvement Plan Review stage.
63. In confonnance with the Subdivision Map Act, the developer shall permit Installation of underground cable television delivery systems within public utility easements. Alt dweMngs shall be made cable ready.
64. Prior to approval of Improvement Plans or Final Maps, the developer shall obtain any necessary easements for utilities across adjoining properties. 13 158
65. AH existing overhead utUHies shall be placed undergroµnd with the exception of high voltage power llnes. No new overhead utility lines and equipment shall be shown on Improvement Plans and Grading Plans.
66. Where the invert Is six feet or greater below finish grade, a minimum clearance of five feet from lip of gutter to the edge of pipe shall be provided for underground utility llnes.
Water:
67. The proposed project shall confonn to the requirements of the Los Banos Water Master Plan, including payment of the water connection Impact fee.
68. Apprpved backflow devices shall be Installed as required.
69. Domestic water services shall not be placed in driveways.
Sewer:
70. The sewer collection system shall connect to the Meadowlands sewer 11ft station.
71. Upon Issuance of a building permit reimbursements for the Northgate Sewer Lift Station shall be payable In· accordanoe with the Northgate Sewer Lift Station Reimbursement Agreement.
72. The developer shall construct all on-site and off-site sewer facllltles necessary to serve the project, subject to reimbursement for over-sizing, as determined by the City.
73. Prior to submission of Improvement plans for the first phase of development, a Master Sewer Plan for the development shall be submitted. reviewed, and approved by the City Engineer.
Storm Drainage:
74. The development shall provide stonn drainage to the new basin, and then discharge directly to the San Luis Canal. as described in the Stonn Drain Conveyance and Pump Station Analysis dated January 14, 2005, subject to the review of and as may be modified by the City Engineer. All Improvements to conform to the City's Storm Drainage System Master Plan. All deviations to be approved by the City Engineer.
75. Final Improvement Plans for the stonn drainage system shaft utirize the TR-55 analysls method.
76. Adequate capacity for the storm drainage detention needs of Pacheco High School shalt be accommodated within the new stonn drainage basin, 14 159
described In the Storm Drain Conveyance and Pump Station Analysis dated January 14, 2005, subject to the review of and as may be modified by the City Engineer.
77. Prior to acceptance of Final Improvement Plans, the applicant shall submit verification from the manufacturer that the pump station capacity is adequate for full basin to shut-off operational conditions.
78. Flnal Improvement Plans shall include concrete structures at storm basin Inlets and ouUets. Rip-rap shall not be considered acceptable. The structures shaH prevent nuisance water by diverting directly to the pump station.
79. All development shall comply with the Phase II stonn water regulations.
80. Final Improvement Plans for the storm drainage system shall be submitted to the City and reviewed and approved by the City Engineer prior to issuance of a grading pem,lt.
81. The Developer shall generate a Storm Water Pollution Prevention Plan (SWPPP} for pre and post construction best management practices (BMPs). A Notice of Intent (NOi) shall be submitted and approved prior to construction by the state Department of Water Resources.
82. Off-street parking shall be provided at the detention basin for a minimum of 10 vehicles as approved by the Public Works Director.
Public S.afetv;
83. Fire department requirements for the placement of fire hydrants shall be complete prior to approval of development permits.
84. Are hydrants shall be Installed at locations approved during the Improvement Plan stage and shaU be Installed based upon City stand~rds.
85. The developer, as specffied by City development standards, shall Install "Blue Dof' fire hydrant locators.
86. Each residence shaU have a 6-lnch lighted address numbers of contrasting color installed on ~e front elevations or alternative size as agreed to by developer and Fire Chief.
87. The developer shall comply with the City Fire Codes and regulations subject to Fire Department approval In regards to building requirements, fire hydrant placement, and sprinkler requirements.
88. Fire hydrants (or other methods approved by the Fire Chief) on Overland Avenue shall be in place and functioning prior to approval of the first 16 160
residential building pennlt. Are hydrants (or other methods approved by the rue Chief) shan be operational to the satisfaction of the Fire Chief prior to combustible material being located on the stte.
89. Street names shall be approved by the Fire Department.
90. Driveways, parking lots, water lines, fire hydrants, and underground utilities shall be ~mpleted prior to issuance of building permits.
91. Upon completion and approval of the project plans. a CO shall be submitted to the Fire Department providing infonnation on street layout. hydrant locations, water mains, stonn ~rain inlets (I.e. Fire Department pr~lanning).
Landscaping:
92. All residential lots shall have fully landscaped front yards prior to occupancy of each dwelling. Front ·yard landscape plans shall be submitted With the development Master Plans prior to building pennlt issuance and shalt be approved by the City Engineer and Community and Economic Development Director.
93. The developer shall comply with the adopted street tree ordinance.
94. Masonry walls shall be landscaped with vines to discourage graffiti.
95. The applicant shall submit landscape and Irrigation plans with each phase of the Improvement plans for City naview and approval of streetscape landscaping.
96. Landscape plans for single-family residences shall utilize drought tolerant plantings for no less than 75 percent of front yards. Turf varieties shall be chosen for drought tolerance. lnigatlon systems shall be set to minimize water use and spillage onto paved areas.
97. Landscape plans shall be designed in accordance with Title 10, Chapter 2, Water Efficient Landscape Ordinance of the Los Banos Municipal Code. 16 . .
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162
TO:
FROM:
DATE:
LOsBanos
At the Crossroads of California
Agenda Staff Report
Mayor & City Council Members
Soknirorn Than, P.E., Public Works Director/City Engineer 5l--=J L_ July 19, 2023
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing Award of Construction Contract to St. Francis Electric, LLC. in the amount of $495,000.00, with a 10% contingency in the amount of $49,500.00 for the construction of the SR-152 Signal Synchronization, Federal-Aid Project No. CML-5160(028)
Recommendation:
That the City Council adopts the Resolution to award the SR-152 Signal Synchronization, Federal-Aid Project No. CML-5160(028) project to St. Francis Electric, LLC., and authorize the City Manager to execute the Construction Contract Agreement in the amount of $495,000.00. Staff is requesting a 10% contingency of $49,500.00. The administration of this contract, including the 10% contingency, is to be performed by the Public Works Director/City Engineer.
Background:
The Los Banos SR-152 Safety Task Force was established in 2019 and began to hold monthly meetings in an effort to make SR-152 through the City of Los Banos, a more efficient and safe roadway.
Through these meetings, as well as Caltrans and the City of Los Banos technical staff work group meetings, a listing of interim and mid-term safety enhancing/congestion relieving improvements have been proposed to be implemented.
One of the projects that the Safety Task Force identified was .the SR-152 traffic signal synchronization. This project would synchronize the fourteen (14) traffic signal locations, within a 5-mile stretch of SR-152 through the City of Los Banos, using a wireless traffic signal interconnect system. Signal locations are as shown below:
ITEM 6J
163
1 Merced College Entrance (PM 17. 79) 8 11th Street (PM 20.99) 2 Badger Flat Road (PM 18.80) 9 H & I Streets (PM 21.05) 3 Ortigalita Road (PM 19.26) 10 Mercey Springs Rd/SR-165 (PM 21.27) 4 West I Street (PM 19. 65) 11 Miller Lane (PM 21.65)
5 4th Street (PM 20.33) 12 Place Road (PM 21.76)
6 6th Street (PM 20.45) 13 Home Depot (PM 21.90)
7 7fh Street (PM 20.59) 14 Ward Road (PM 22.22)
City of Los Banos staff along with the consulting firm, Gouveia Engineering, Inc., (Gouveia) prepared a Congestion Mitigation and Air Quality (CMAQ) grant application for the synchronization project and submitted it to the Merced County Association of Governments (MCAG) on June 3, 2020. The grant application was for a requested amount of $100,000.00 for engineering and $800,000.00 for construction, a total of $900,000.00. The CMAQ Committee approved the grant application on June 17, 2020.
Discussion:
Staff enlisted the services of Gouveia Engineering, Inc. to design and prepare bid documents for the project. Staff released the project for advertisement on May 10, 2023.
The bid opening was held on June 27, 2023. The Public Works Department, through the office of the City Clerk, received one ( 1) bid from the following contractors:
St. Francis Electric, LLC. From San Leandro $495,000.00 Staff reviewed the bid proposal for completeness. St. Francis Electric, LLC. submitted the lowest responsive and responsible bid for the project.
Staff is recommending a 10% contingency to be made available for the project. The administration of the contract, including the 10% contingency, is to be performed by the Public Works Director/City Engineer.
Environmental Analysis:
Pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines, an Initial Study was prepared to identify and assess potential environmental impacts as a result of this project. Through the Initial Study, staff determined that the project would not result in any significant adverse effects and the project can be categorically exempt pursuant to Section 15301 (b ), Existing Facilities. The project involves the modification of an existing publicly-owned utility used to provide intersection control within the state right of way.
Fiscal Impact:
The SR-152 Signal Synchronization, Federal-Aid Project No. CML-5160(028) project is funded from the Traffic Impact Fee fund 230-430-220-231, which is reimbursed from CMAQ grant funding. Staff will be submitting for a funding amendment with CMAQ to revise the funding allocation from construction to design. With the total construction cost of $495,000.00, the remaining $405,000.00 will be reallocated to traffic signal timing configuration and third party construction engineering (inspection and project engineering). This is a requirement from Caltrans to perform work within the State rightof-way. 164
Attachments:
Resolution
Bid Opening Sheet
Public Notice
Contract Agreement
Project Area Map
Brent Kuhn, Interim Finance Director
165
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166
RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING AWARD OF
CONSTRUCTION CONTRACT TO ST. FRANCIS
ELECTRIC, LLC., IN THE AMOUNT OF
$495,000.00 WITH A 10% CONTINGENCY IN THE
AMOUNT $49,500.00 FOR SR-152 SIGNAL
SYNCHRONIZATION, FEDERAL-AID PROJECT
NO. CML-5160(028)
WHEREAS, the City of Los Banos Public Works Department received competitive bids on May June 27, 2023 for the purpose of constructing the SR-152 Signal Synchronization, Federal-Aid Project No. CML-5160(028) in the City of Los Banos;and
WHEREAS, the Public Works Department has determined, after receiving competitive bids, that St. Francis Electric, LLC. provided the lowest responsive and responsible bid in the amount of $495,000.00; and
WHEREAS, the Public Works Department requests the City Council authorize a 10% contingency in the amount of $49,500.00; and
WHEREAS, the Public Works Department requests the City Council authorize the City Manager to execute the Construction Contract Agreement with St. Francis Electric, LLC., and authorize the Public Works Director/City Engineer to administrate the Construction Contract including the 10% contingency.
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the City of Los Banos Environmental Quality Guidelines the SR-152 Signal Synchronization Project was adequately evaluated and determined to be categorically exempt pursuant to Section 15301 (b ), Existing Facilities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby accept and award the construction bid of St. Francis Electric, LLC. in the amount of $495,000.00 with a 10% contingency in the amount of $49,500.00, authorizes the City Manager to execute the Construction Contract Agreement, and authorizes the Public Works Director/City Engineer to administrate the Construction Contract including the 10% contingency.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th 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:
167
AYES:
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
168
LOsBanos
BID OPENING
CONSTRUCTION OF SR-152 SIGNAL SYNCHRONIZATION
FEDERAL-AIR PROJECT NO. CML-5160(028)
June 27, 2023 - 2:00 PM
1. St. Francis Electric, LLC $ 495,000.00
S~ned:lu~ Dated: June 27, 2023
Sara Blevins, CMC
Assistant City Clerk/HR Analyst
5&-/L
NiromThan,
Public Works Director/City Engineer
169
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170
Advertisement for Bids
CITY OF LOS BANOS
520 J Street
Los Banos, California 93635
Notice is hereby given that separate sealed bids for the award of contract for the Construction of SR-152 Signal Synchronization, Federal-Air Project No. CML-5160(028) will be received by the City of Los Banos at the office of the City Clerk until 2:00 p.m. Pacific Daylight Savings Time, June 6, 2023 and then at said office publicly opened and read aloud.
The major work consists of the synchronization of 14 traffic signal locations within a 5 mile stretch of the SR-152 corridor in the City of Los Banos using a wireless traffic signal interconnect system.
The time for completion shall be Forty-five (45) working days.
The DBE Contract goal is 15%.
The City of Los Banos affirms that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation.
THIS PROJECT IS SUBJECT TO THE "BUY AMERICA" PROVISIONS OF THE SURFACE TRANSPORTATION ASSISTANCE ACT OF 1982 AMENDED BY THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991
The Contract Documents, in their entirety, can be viewed and/or obtained from the City of Los Banos website at www.losbanos.org or at the following locations:
Central California Builders Exchange (www.cencalbx.com) Builders Exchange of Stockton (www.besonline.com)
Valley Builders Exchange, Inc. (www.valleybx.com)
Builders Exchange of Santa Clara County (www.bxscco.com) Dodge Data & Analytics (www.construction.com/plans/)
A payment bond prepared and executed in accordance with California Civil Code Section 9550 and a bond for faithful performance of the contract will be required of the successful bidder who is awarded the contract.
The successful bidder must comply with the latest general prevailing rate of per diem wages as determined by the Director of Industrial Relations, State of California, Department of Industrial Relations and is to be paid to the various craftsmen and laborers required to construct said improvements and is made a part of the specifications and contract for said work to which reference is hereby made for further particulars.
No contractor or subcontractor may be listed on a bid proposal or awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor registration information can be found at:
http://www.dir.ca.gov/Public-Works/PublicWorks.html
Each bid shall be accompanied by cashier's or certified check or by a bidder's bond, made payable to the City of Los Banos and executed by a corporate surety licensed to issue surety bonds in the State of California, for an amount equal to at least ten percent ( 10%) of the amount of said bid and no bid shall be considered unless such cashier's or certified check or bidder's bond is enclosed 171
therewith.
The successful bidder of this project shall have the following current and active California State Contractor's License at the time of the submission of the bid and throughout the duration of the contract: Class C-10.
Prospective bidders are required to attend a mandatory pre-bid meeting on May 17, 2023 at 11 :00 am.
Bids will not be considered from bidders who were not physically in attendance at the mandatory pre-bid meeting.
Bidders shall refer to the Contract Document's Information for Bidders for complete instructions.
Bidders are solely responsible for the cost of preparing their bids.
The City specifically reserves the right, in its sole discretion, to reject any or all bids, to re-bid, or to waive inconsequential defects, in bidding not involving time, or quality of the work. The City may reject any and all bids and waive any minor irregularities in the bids. 172
Agreement
THIS Agreement is dated as of the ____ day of ___ in the year 2023 by and between the City of Los Banos, a California municipal corporation ("Owner") and St. Francis Electric, LLC. ("Contractor").
Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:
1. WORK. Contractor shall complete the work indicated in Owner's Contract Documents entitled "SR152 Signal Synchronization, Federal-Aid No. CML-5160(028)." The work is generally described as follows:
• The synchronization of 14 traffic signal locations within a 5 mile stretch of the SR-152 corridor in the City of Los Banos using a wireless traffic signal interconnect system. • Contractor shall furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the work described herein.
2. CONTRACT TIME. Contractor shall commence the work required by the Contract Documents within 15 calendar days after the date of the Notice to Proceed and will complete the same within the time period set forth in the bid, unless the period for completion is extended otherwise by the Contract Documents.
3. LIQUIDATED DAMAGES. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the work is not completed within the time specified in Paragraph 2 herein, plus any extensions thereof allowed in accordance with Paragraph 21, Time for Completion and Liquidated Damages, of the General Provisions. The parties also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by Owner if the work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Eighteen Hundred Dollars {$1,800.00) for each day that passes after the time specified in Paragraph 2 herein.
4. CONTRACT PRICE. Owner shall pay Contractor for completion of the work in accordance with the Contract Documents in current funds the amount set forth in the Bid Schedule(s). The Contractor agrees to perform all of the work described in the Contract Documents for the unit and lump sum prices set forth in the Bid Schedule(s).
5. PAYMENT PROCEDURES. Contractor shall submit applications for payment in accordance with Paragraph 24, Progress Estimates, of the General Provisions. Applications for payment will be processed by Owner as provided in the General Provisions.
6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the work consists of this Agreement and the following attachments to this Agreement:
(A) Advertisement for Bids
(B) Information for Bidders
(C) Bid
(D) Bid Bond
(E) Agreement
{F) Payment Bond
(G) Performance Bond
(H) Notice of Award
(I) Notice to Proceed
Agreement page 1-4
173
(J) Change Order
(K} Required Federal-Aid Contract Language
(L} General Provisions
(M} Special Provisions
(N} Technical Specifications prepared by lteris, Inc. entitled "SR-152 Signal Synchronization, CML-5160(028}", dated May 2023. (0) Drawings prepared by lteris, Inc. numbered 1 through 17. (P} Addenda No. 1, dated May 30, 2023
There are no Contract Documents other than those listed in this Paragraph 6. The Contract Documents may only be amended by change order as provided in Paragraph 19, Changes in the Work, of the General Provisions.
7. MISCELLANEOUS.
A. Terms used in this Agreement which are defined in Paragraph 1 of the General Provisions will have the meanings indicated in the General Provisions.
B. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent ( except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.
C. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.
D. The Laws of the State of California shall govern this Agreement. Venue is Merced County.
The provisions of this paragraph shall survive expiration or other termination of this Agreement regardless of the cause of such termination.
E. All bids become property of the Owner. All bids, including the accepted bid and any subsequent contract become public records per the requirements of the California Government Code, Sections 6250-6270, "California Public Records Act". Proprietary material must be clearly marked as such. Pricing and service elements of the successful bid are not considered proprietary information.
The Owner will treat all information submitted in a bid as available for public inspection once the Owner has selected a contractor. If you believe that you have a legally justifiable basis under the California Public Records Act (Government Section 6250 et. seq.} for protecting the confidentiality of any information contained within your bid, you must identify any such information, together with the legal basis of your claim in your bid. In order for the Owner to assess confidentiality of any such information on your behalf, you must request, execute and submit an Owner-prepared written agreement to defend and indemnify the Owner for any liability, costs, and expenses incurred in asserting such confidentiality as part of your bid. The final determination as to whether the Owner will assert your claim of confidentiality on your behalf shall be sole discretion of the Owner.
F. This Agreement shall not be interpreted in favor of any Party by virtue of said Party not having prepared this Agreement.
G. If any time period provided for in this Agreement ends on the day other than a Business Day, the time period shall be extended to the next Business Day.
Agreement Page 2-4
174
G. The State general prevailing wage rates determined by the Director of Industrial Relations are hereby made a part of this Agreement. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. When the project is subject to both State and Federal hourly minimum rates for wages and fringe benefits and when the two rates differ for similar kinds of labor, the Contractor shall not pay less than the higher rate.
H. By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in conformance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
I. The provisions of Form FHWA 1273 is hereby physically attached, unmodified as a part of this Agreement (Exhibit A.) This provision applies to federal-aid contracts and all work performed by subcontracts and subsequent lower-tier subcontracts and are required to be physically included in each executed Agreement.
J. The Minimum Federal Wage Rates Determination is hereby physically attached, in conformance with federal 10-day rule as a part of this contract (Exhibit B). This wage rate determination applies to federal-aid contracts and all work performed exceeding $2,000.00 by subcontracts and subsequent lower-tier subcontracts and are required to be physically included in each executed Agreement.
K. And the said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the CITY OF LOS BANOS, DEPARTMENT OF PUBLIC WORKS, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Engineer under them, to wit:
Agreement Page 3-4
175
IN WITNESS WHEREOF, Owner and Contractor have caused this Agreement to be executed the day and year first above written.
Date
ATTEST:
Lucille L. Mallonee
City Clerk
APPROVED AS TO FORM:
William A Vaughn
City Attorney
Date
(Seal if Corporation)
By: ---------------- Authorized Representative of Owner Title:
By: - -------------- Authorized Representative of Contractor Title:
Agreement Page 4-4
176
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INDEX OF PLANS
SHEET
NO. DESCRIPTION
Tll\.E SHEET
TRAFFIC SIGNAL NOTES AND LEGEND
MODIFYING EXISTING ELECTRICAL SYSTEM - PACHECO BOULEVARD &.
COLLEGE ENTRANCE
HIJDlfYING (XISTJNG ELECTRICAL SYSTEH - PACHECO B[)lJl.EVARD &.
BADGER FLAT ROAD
H □DirYING EXISTING ELECTRICAL SYSTEM - PACHECO llOULEVARD I,
RTIGAUTA ROAD
MODIFYING EXISTING ELECTRICAL SYSTEM - PACHECO ll ULEVARD & 'JEST I STREET
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DlfYING EXISTING ELECTRICAL SYSTtH - PACHECO BOL.Jl...EVARD I, 6TH STREET
MODIFYING EXISTING [LtCTRJCAL SYSTEH - PACHECO B□U..EVARD & 7TH STREET
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11 MODIFYING E>CISTING ELECTRICAL SYSTEM - PACHECO BOULEVARD &
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12 MODIFYINCi EXISTING ELECTRICAL SYSTEM - PACHECO BOULEVARD & ... ERCY Sf'RINGS ROAD
13 DIFYINCi EXISTING ELECTRICAL SYSTEM - PACHECO BOULEVARD &
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14 DIFYINCi EXISTING ELECTRICAL SYSTEH - PACHECO BOULEVARD L 15 16
17 PLACE ROAD
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STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
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TO:
FROM:
DATE:
LOsBanos
Agenda Staff Report
Mayor & City Council Members
Lucy Mallonee, MMC ~
City Clerk/Human Resources Director
July 19, 2023
SUBJECT: Resolution to Authorize Management & Mid-Management Employees and Members of the Los Banos Police Sergeants Association Participation in the California State Disability Insurance Program (SDI) TYPE OF REPORT: Consent Agenda
Recommendation:
That the Council adopt a resolution allowing Management & Mid-Management employees and members of the Los Banos Police Sergeants Association to participate in the California State Disability Insurance Program (SDI) at their own expense.
Discussion:
Management & Mid-management employees and members of the Los Banos Police Sergeants Association currently do not pay into SDI like a majority of other City employees. Instead, management & mid-management employees and members of the Los Banos Police Sergeants Association. must use leave accruals if they need to be out on an extended personal medical leave for themselves or for the care of a qualified family member; or even worse if employees have run out of leave accruals, may find themselves without income during the time they are trying to recover to return to work or to care for a seriously ill or injured qualified family member such as a child or spouse.
A request has recently been brought forward from the Management & Mid-management employees and members of the Los Banos Police Sergeants Association showing support of wanting to participate in SDI. The current cost to an individual employee to participate is
0.9 percent of taxable wages up to $153,164 annually. The purpose of SDI is to provide eligible employees with partial wage replacement benefits while they are unable to work due to a qualifying non-industrial illness or injury, pregnancy-related condition, while they ITEM 6K
179
are off work to bond with a newborn baby, adopted or foster child, or to care for a seriously ill qualified family member. Specific rules governing actual benefit rights and responsibilities are set forth in SDI program guidelines and are administered by the State Employment Development Department (EDD).
Fiscal Impact:
Contributions are employee-paid through payroll deductions; therefore, there is no fiscal impact.
Reviewed b
' I
Attachments:
Resolution
180
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LOS BANOS AUTHORIZING MANAGEMENT & MIDMANAGEMENT EMPLOYEES AND THE LOS BANOS
POLICE SERGEANTS ASSOCIATION TO PARTICIPATE IN
THE CALIFORNIA STATE DISABILITY INSURANCE
PROGRAM AT THEIR OWN EXPENSE
WHEREAS, Management & Mid-Management employees and members of the Los Banos Police Sergeants Association currently do not elect or pay into the California State Disability Program (SDI) like the rest of City employees do; and WHEREAS, a request has recently been brought forward from the Management & Mid-Management employees and the Los Banos Police Sergeant Association showing support of wanting to elect participation in SDI and a Non-MOU Side Letter has been executed with the LBPSA; and
WHEREAS, payment for participation in SDI is through employee-paid payroll deduction; and
WHEREAS, the proposed resolution authorizes Management & Mid-Management employees and members of the Los Banos Police Sergeants Association to participate in the State's SDI program, effective July 1, 2023 or as soon as feasibly possible.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mayor is authorized to sign the Application for Elective Coverage of State Disability Insurance for the Management and Mid-Management Employees.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th 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: Council Members
NOES:
ABSENT:
APPROVED:
Paul Llanez, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
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LC>sBanos
At the Crc ···· !lds ,,. 1n1ia
Agenda Staff Report
TO: Mayor Llanez and City Council Members
FROM:
DATE:
Stacy Souza Elms, Community and Economic Development Director ~ July 19, 2023
TYPE OF REPORT: Public Hearing
SUBJECT: Final Funding and Accomplishments Disclosure for Community Development Block Grant Funded Activities 18-CDBG-12913 Recommendation:
That the City Council receive a report summarizing the accomplishments performed under Community Development Block Grant (CDBG) Agreement 18-CDBG-12913 and provide input regarding final funding amounts and accomplishments of the funding received under the contract.
Background:
The U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program authorizes the use of funds to assist low and moderate income families or aid in the prevention or elimination of slums or blight. The program is administered by the State Department of Housing and Community Development (HCD). To be eligible for funding, every CDBG-funded activity must meet one of the three National Objectives of the Program:
1 . Benefit low and moderate income persons; or
2. Prevention or elimination of slums or blight; or
1 ITEM 7A
183
3. Urgent Need, which is meeting other community development needs having a particular urgency because of existing conditions that pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available to meet such needs (earthquakes, etc.) In September 2015, the City of Los Banos received 2018 CDBG funding in the amount of $500,000. The grant was utilized in a designated low and moderate income area, which was Census Tract 22.01 Block Groups 1 thru 5 and Census Tract 22.02 Block Group 4 as designated by the United States Census Bureau. The specific focus area was bound by Pacheco Blvd. to the south, Badger Flat Rd. to the west, H Street/Willmott Ave. to the north, and Marcey Springs Rd. to the east. The activity met the national objective of prevention and elimination of slum or blight.
Discussion:
HCD requires jurisdictions to submit reports for each active grant and each revolving loan account funded by Program Income of CDBG funded loans. A Semi-Annual Program Income Report and an Annual Performance Report are required each year. This Closeout Report summarizes all grant activities and requires a public hearing prior to submittal to HCD.
The primary purpose of the Closeout Report is to provide information to the State and the public to officially close out the grant and provide a summary of the grants accomplishments. Grant 18-CDBG-12913 has been active since August 2020. The City expended $465,116 under a Professional Service Agreement with CSG Consultants, Inc. to provide Code Enforcement Services and City staff time. The City received reimbursement in the amount of $34,884 for General Administration of the grant. The total grant award was $500,000.
Due to this grant funding, the City of Los Banos was able to increase its Code Enforcement efforts for the life of the grant funding which stands as a great accomplishment in the City's ongoing Code Enforcement efforts.
Our CDBG Code Enforcement grant funded staffing assisted in over 4,000 Code Enforcement violations. Those violations include issues such as overgrown weeds in a front yard, to the extreme of a home found in substantial disrepair, with numerous violations that negatively affected an entire neighborhood. Abandoned vehicles pose a fairly significant issue to many of our neighborhoods and with the assistance of our CDBG grant funding we were able to successfully process approximately 370 abandoned vehicles.
Lastly, in an effort to promote 'voluntary compliance' our CDBG grant funded staff were vital in our day-to-day educational efforts. From general nuisance abatement issues to assisting with the creation and distribution of informational documents that educated residents on placement of commercial and residential waste receptacles and other code 2 184
violations; the City of Los Banos was able to increase its efforts due to this CDBG grant funding opportunity.
PUBLIC NOTIFICATION
The public hearing notice was published in the Merced Sun-Star on Friday, July 7, 2023.
As of the date of this staff report no written comments have been received.
Reviewed byf: ,, /
/. ~ A
,-~
JosM inh iro, City Manager
I
Attachments:
1. Public Hearing Notice
3 185
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LOsBanos n ~n>S.Shll~ ,, alifm lJJ(J
• ·= - -
COMMUNITY AND ECONOMIC DEVELOPMEN DEPARTMENT
Date: July 7, 2023
Re: Notice of Public Hearing
For: Final Funding and Accomplishments Disclosure 18-CDBG-12913 NOTICE IS HEREBY GIVEN that the City of Los Banos will conduct a public hearing to disclose the final funding amounts and accomplishments of 2018 Community Development Block Grant (CDBG) agreement 12913.
The City of Los Banos received a grant in the amount of $500,000 for the following activity:
public services - code enforcement. There was no Program Income on hand to expend prior to expending the awarded grant funds.
The purpose of this public hearing is to notify the citizens of the public service activities accomplished from the grant funding and to discuss the final funding amounts.
A PUBLIC HEARING on this matter will be held at the next scheduled meeting of the Los Banos City Council on Wednesday, July 19, 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 and Economic Development Director, at City Hall or at (209) 827-7000 ext. 2433.
All persons are invited to be present at the public hearing. Written and oral testimony is invited. Written comments may be directed to the City of Los Banos Community and Economic Development Department, 520 J Street, Los Banos, CA 93635 or you may email comments to [email protected].
Additional information may be obtained from Community & Economic Development Department at 520 J Street, Los Banos, California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (209) 827-7000. Notification at least 72 hours prior to the public hearing will enable the City to make reasonable arrangements to allow participation at this hearing
The City of Los Banos promotes fair housing and makes all its programs available to low and moderate income families regardless of age, race, color, religion, sex, national origin, sexual preference, marital status or handicap.
THE CITY OF LOS BANOS
Stacy Souza Elms
r.nmm1 mitv P., Fr.nnnmir. nP.vP.lnnmFmt nirP.r.tnr
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LOsBanos
Al ma
Agenda Staff Report
TO: Mayor & City Council Members
FROM: Soknirorn Than, P.E., Public Works Director/City Engineer 3,L < I l.._ DATE: July 19, 2023
TYPE OF REPORT: Agenda Item
SUBJECT: City of Los Banos Regional Projects recommendation to be included in the Measure V 2023 Implementation Plan
Recommendation:
Staff recommends that the City Council approves the resolution which states which regional City of Los Banos transportation projects are to be recommended to be included in the Measure V 2023 Implementation Plan, which is currently being developed.
Background:
In September 2018, the MCAG Governing Board adopted the 2018 Implementation Plan which programmed two fiscal years (FY17-18 and FY18-19) of Measure V Regional Projects Funding and Transit Funding to specific projects and programs. At the recommendation of the East and West Side Regional Projects Committees, the 2018 plan reflects a pay-as-you-go approach for 80% of the estimated regional funding, while the remaining 20% of the east and west side regional funding accounts were set aside for future unidentified leveraging opportunities.
The focus of the 2018 Implementation Plan was to deliver projects in a timely manner throughout the east and west sides of Merced County. The approach involved allocation funding to projects thatcould utilize measure funding quickly, with geographic considerations to fund projects in all jurisdictions.
For the 2019 Implementation Plan, the Board adopted a 12 fiscal year horizon (from 2018/2019 to 2028/2029) that places greater emphasis on leveraging and the delivery of high priority large scale regional projects on the east and west sides. On January 2, / 2019, City Council adopted Resolution No. 6038 recommending the following regional projects to be added to the Measure V implementation plan:
ITEM 8
189
I! Proiect limellne !:MBth Estimate
91!1
Pacheco Blvd CSR 152) Witbin3 Approximately Estimated Cost 1 Regional Path Scenario 1 and Scenario 1a years 0.9Smltes $2,221,000
2 Pioneer Widening Within8 Approximately Estimated Cost years 6.SOmlles $45,000,000
3 H St, Badger Flat Rd~ Within13 Approximately Estimated Cost OVedand Ave Widening years 4.00mlles $25,00,000
4 Mercey Springs Road WlthfnZ3 Approximately Estimated Cost State Highway 16S Widening years 2.SOmiles $20,000,000
5 State Highway 152 Tobe Appn,xlmately Estimated Cost
Bypass detennined 9.SOmiles $450,000,000
In September 2019, the MCAG Board adopted the implementation plan which includes the following two projects from Los Banos:
1. Pacheco Blvd (SR 152) regional path (Class I Trail) Scenario 1 and Scenario 1 a for a total of $2,221,000
2. Pioneer Road Widening Project for a total of $8,650,000 MCAG is required by the Expenditure Plan to develop and adopt an Implementation Plan update at least once every two years. Therefore, an update was adopted again in December 2021, which added an additional $100,000 to the Pacheco Blvd (SR 152) regional path (Class I Trail) project to conduct a feasibility study for the south alignment.
Per the Expenditure Plan, MCAG has issued a call for project for the Measure V 2023 Implementation Plan. This call for project is for funding which are available through fiscal year 2027/28.
Discussion:
Staff is recommending that the following regional projects be added in the Measure V 2023 Implementation Plan:
1) Pacheco Blvd (SR 152) and I Street Intersection Improvement Project, $950,000.00 estimated cost, construction within the next 3 years. 2) Mercey Springs Road (SR 165) and Vineyard Drive Intersection Improvement Project, $4,000,000 estimated cost, construction within the next 4 years.
3) Mercey Springs Road (SR 165) and Scripps Drive Intersection Improvement Project, $4,200,000 estimated cost, construction within the next 5 years.
Staff is requesting that the City Council approves these regional projects so they can be considered by the Measure V Westside Regional Projects Committee, and ultimately 190
approved by the Governing Board of the Merced County Association of Governments (MCAG). After these approvals, the list of projects can be in the Measure V 2023 Implementation Plan.
Fiscal Impact:
If approve by the Regional Project Committee and the MCAG Governing Board, the City would receive an additional $9, 150,000 in funding from the regional Measure V Plan in addition to the existing allocated fund of $10,971,000.
Reviewed byv ,
r
Brent Kuhn, Interim Finance Director
Attachments:
Resolution
Regional Project Candidate Information and Evaluation Forms 191
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RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING THE LIST OF
REGIONAL STREET PROJECTS TO BE
RECOMMENDED TO BE INCLUDED IN THE
MEASURE V 2023 IMPLEMENTATION PLAN
WHEREAS, Merced County Association of Governments (MCAG) is preparing the Measure V 2023 Implementation Plan; and
WHEREAS, the City of Los Banos Public Works Staff has prepared a list of three (3) Regional Projects, as listed in Exhibit A; and
WHEREAS, all these Regional Transportation Projects, as listed in Exhibit A, are to be included in the Measure V Regional Project List and will be recommended to be included in the Measure V 2023 Implementation Plan; and WHEREAS, the City of Los Banos list of Regional Transportation Projects has been adopted as part of the 2010 City of Los Banos Traffic Model and Transportation Master Plan.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the list of Regional Transportation Projects as shown in Exhibit A. to be recommended for inclusion in the Measure V 2023 Implementation Plan.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 19th 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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#
1 2
3 LOs Banos
At the Crossroad.~ of California
Exhibit A - Measure V 2023 lmplentation Plan
City of Los Banos Proposed Regional Project List
Project Timeline PM
Pacheco Blvd (SR 152) and I Street Intersection
Improvement Project Summer 2024 - Summer 2026 SR 152 - 19.615 Mercey Springs Road (SR 165) and Vineyard Drive
Intersection Improvement Project Fall 2023 - Spring 2027 SR 165 - 10.54 Mercey Springs Road (SR 165) and Scripps Drive
Intersection Improvement Project Fall 2024- Summer 2027 SR 165 - 8.283 Estimate Cost
$1.27M
$4.45M
$4.20M
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~ easureV Regional Project Candidate Evaluation Form
Regional Project Forms must be returned to MCAG no later than August 1, 2023 Submit all materials to [email protected]
Project Name
Lead Agency
I Pacheco Blvd (SR 152) and I Street Intersection Improvement Project I Caltrans
Request Type
□ Additional funds for existing Implementation Plan project □ New project: Project Study Report or equivalent
i:gj New project: Project development phase (Environmental, Design, or Right-of-Way) ~ New project: Construction
Regional Transportation Plan {RTP)
Is this project in the current RTP? If yes, which page? D Yes, page _ _ _ 181 No See pdf pages 44 - 52 in this document for the current Tier I (fiscally constrained) project list:
https://www.mcagov.org/DocumentCe nter /View/ 4000/2023-RTP-FTIP-Amend-32823 ?bid Id= See pdf pages 122 - 124 in this document for the Tier II (unfunded) project list:
https://www.mcagov.org/DocumentCenter/View/3599/MCAG-2022-RTP-SCS-Appendices-G---L?bidld= Regional Qualification
How does this project meet the definition of "regional" as defined in the Measure V Expenditure Plan and Regional Projects Policies (2021)?
(1) State Highway System IZI Yes D No
(2) Regional Transportation System/Regional Roadway System IZI Yes □ No (3) Project is located in, or directly benefitting, more IZI Yes □ No than one jurisdiction*
(4) Mass Transit (Bus/Rail/Air)** □ Yes IZI No
(S) Other - Request Regional Project Committee Vote for □ Yes IZI No Regional Qualification