Maricopa City Council Agenda
Tuesday, March 26, 2024
6:00 p.m.
Location: Gusher Hall, 271 California Street, Maricopa, CA 93252 and is also available through Zoom Video Conferencing;
https//zoom.us/join Meeting ID: 883 2289 9777 Phone: 1(669)900-6833 Passcode: 430039
Any or all City Council Members may be attending the meeting remotely pursuant to California Governor's Executive Order N-29-20, issued on March 17, 2020, to prevent the spread of Covid-19.
If you need help accessing ZOOM or have questions, please call us at City Hall-661-769-8279 Pledge of Allegiance, Moment of Silent Meditation, Call to Order II. Roll Call:
III. Mayor Morse
Mayor Pro Tem Bell City Administrator Eric Ziegler
Council Member Albright City Attorney Alan Peake
Council Member Crump City Treasurer Dorine Horn
Council Member Owens City Clerk Wendy Harrison
Ill. Community Recognition
IV. Reorder of Agenda
V. Council Reports/Statements
a. Report by Public Safety/Sherriff Department/Fire Department b. City Clerk Wendy Harrison
c. City Treasurer Horn
City Administrator Ziegler
e. City Attorney Alan Peake
f. City Council Members
VI. Public Hearings: None
VII. Public Comment
PERSONS WISHING TO ADDRESS THE COUNCIL ON ITEMS WITHIN ITS JURISDICTION, BUT NOT ON THIS AGENDA MAY DO SO NOW. ANY ITEMS PRESENTED TO THE COUNCIL AT THIS TIME WILL NOT BE ACTED Please Note: State law allows the City Council to briefly respond to questions on items raised by the public, which are not on the agenda Govt. Code Section 54954.2(a). Alternatively, the Council may choose to direct staff to provide information at a following meeting. Any member of the public may comment on any mot recognin th by tie ayor aftapiy datie poton the agenda. Those wishing to comment siould Please complete a Speaker's Form and present it to the City Clerk prior to the start of the meeting to be acknowledged as a speaker.
VIII. Approval of Minutes
a. Approve Maricopa City Council Minutes March 12, 2024 IX. Consent Calendar. - None
X. Agendized Items
a. Third Party Engineer to Review Blueprints for Pump Track Recommendation:
None possible in the absence of further information
1) Award of Bid for Construction of Maricopa City Park Improvement Project Department of Parks and Recreation Grant Contract C9801018, Project No. SW- 15-004 Bicycle Pump Track to American Ramp Company in the amount $682,033; 2) Approve Agreement between City of Maricopa and American Ramp Company for Construction of Bicycle Pump Track, Maricopa City Park Improvement Project Department of Parks and Recreation Grant Contract C9801018, Project No. SW- 15-004 and Authorize Mayor and City Clerk to Execute Agreement on behalf of City contingent upon approval of final documents by City Attorney and City Administrator.
Recommendation:
1) Motion to Award of Bid for Construction of Maricopa City Park improvement Project Department of Parks and Recreation Grant Contract C9801018, Project No. SW-15-004 Bicycle Pump Track to American Ramp Company in the amount $682,033;
2) Approve Agreement between City of Maricopa and American Ramp Company for Construction of Bicycle Pump Track, Maricopa City Park Improvement Project Department Parks and creation Grant Contract C9801018, Project No. SW-15-004 and Authorize Mayor and City Clerk to Execute Agreement on behalf of City contingent upon approval of final documents by City Attorney and City Administrator.
XI. New Business
XII. Council/Staff Items
XIII. Closed Session- None
XIV. Adjourn
I certify that a copy of this agenda was posted at Maricopa City Hall, Gusher Hall, and Maricopa Post Office on March 21, 2024.
Wendy Harrison, City Clerk
Maricopa City Council Minutes
Tuesday, March 12, 2024
6:00 p.m.
• Pledge of Allegiance, Moment of Silent Meditation, Call to Order : Roll Call:
Mayor Morse <
Mayor Pro Tem Bell < City Administrator Eric Ziegler <
Council Member Albright < City Attorney Alan Peake <
Council Member Crump < City Treasurer Dorine Horn <
Council Member Owens (ab)(ex) Citv Clerk Wendy Harrison < • Community Recognition: None
• Reorder of Agenda: None
• Council Reports/Statements
Report by Public Safety/Sherriff Department/Fire Department: Sherriff's dept. gave a handout and Sgt. Rutter gave report.
City Clerk Wendy Harrison: None
City Treasurer Horn: None
City Administrator Ziegler: None
City Attorney Alan Peake: Contact peple directly
City Council Members:
Albright: Report - to sherriff's department
Bell: Scared to call-Retalition
Crump: None
Mayor Morse: Water Company
Owens: (ab)(ex)
• Public Hearings: None
• Public Comment:
Crystal Harris: Park and social media
• Approval of Minutes
• Approve Maricopa City Council Minutes February 27, 2024 Motion: Bell
Second: Crump
Ayes: Albright, Bell, Crump, Morse_
Noes:
Abstain:
Absent: Owens
• Consent Calendar - None
• Agendized Items
• Re Maricopa City Council Revised Minutes, November 23, 2023
1. It's November 14, 2023 minutes
2. Tabled to next meeting
• Third Party Engineer to Review Blueprints for Pump Track
1. Tabled to next meeting
• Discuss Increase in Local Sales Tax and Hotel tax
Mr. Ziegler gave report.
Motion to bring back
Motion: Bell
Second: Crump
Ayes: Albright, Bell, Crump, Morse_
Noes:
Abstain:
Absent: Owens
• New Business:None
• Council/ Staff Items:
Bell: Pump Track
Ziegler: Bids, Contracts
• Closed Session- None
• Adjourn @, 6:40,p.m.
Motion:_ Crump
Second: _Albright_
Ayes: Albright, Bell, Crump, Morse
Noes:
Abstain:
Absent: Owens
_Prepared By:
Wendy Harrison, City Clerk
Iten x-a
AGENDA ITEM
TITLE: Third Party Engineer to Review Blueprints for Pump Track PROPOSED BY: Council Member Owens
MEETING DATE: March 26, 2024
RECOMMENDATION
None possible in the absence of further information
BACKGROUND
This item is on the agenda at the request of Council Member Owens. No further information has been provided by Council Member Owens re this item.
Item x-b
AGENDA ITEM
TITLE: 1) Award of Bid for Construction of Maricopa City Park Improvement Project Department of Parks and Recreation Grant Contract C9801018, Project No. SW-15-004 Bicycle Pump Track to American Ramp Company in the amount $682,033; 2) Approve Agreement between City of Maricopa and American Ramp Company for Construction of Bicycle Pump Track, Maricopa City Park Improvement Project Department of Parks and Recreation Grant Contract C9801018, Project No. SW-15-004 and Authorize Mayor and City Clerk to Execute Agreement on behalf of City contingent upon approval of final documents by City Attorney and City Administrator.
PROPOSED BY: Eric G. Ziegler
MEETING DATE: March 26, 2024
RECOMMENDATION
1) Motion to Award of Bid for Construction of Maricopa City Park Improvement Project Department of Parks and Recreation Grant Contract C9801018, Project No. SW-15-004 Bicycle Pump Track to American Ramp Company in the amount $682,033;
2) Approve Agreement between City of Maricopa and American Ramp Company for Construction of cycle Pump Track, Maricopa City Park Improvement Project Department Parks and creation Grai ontract C9801018, Project No. SW-15-004 and Authorize Mayor and City Clerk to Execu Agreement on behalf of City contingent upon approval of final documents by City Attorney and On July 11, 2023, Council approved plans and specs for construction of a Bicycle Pump Track as part of Maricopa City Park Improvement Project, Department of Parks and creation Grant Contract C9801018, Project No. SW-15-004. The schedule for completion of construction is attached hereto as Exhibit A.
California Builders Exchange (Fresno); Tulare and Kings County Builders Exchange (Visalia); Dodge Data and Analytics aka the Dodge Report (Grand Prairie, Texas).
Deadline for bids was 2 p.m. Thursday, August 31, 2023 at which time the sole bidder was American Ramp Company. The bid was opened and publicly read immediately after the bid deadline had passed. Bid price submitted by American Ramp was $682,033.
During the bid review process, the City Attorney expressed concerns over a potential Government Code Section 1090 conflict of interest issue. It was ultimately decided that the city should seek a written opinion re the potential conflict from the California Fair Political Practices Commission (FPPC). The process of seeking and receiving a written FPPC opinion took several weeks, the opinion in question having been received on January 31, 2024.
Typically, construction bids are valid for either 30 or 45 days from the bid opening date. Because of the time lapse between the bid opening date in August and resolution of the GC 1090 question, it was necessary to receive written confirmation that American Ramp would hold the $682,033 bid, the multiple week delay notwithstanding Attached hereto as Exhibit B is an Email from American Ramp agreeing to hold the original bid price of $682,033 through the end of March, 2024. American Ramp notes in a separate Email attached hereto as Exhibit C the original construction schedule articulated in Exhibit A has "slipped" by several months. This means that at present, American Ramp would anticipate pump track construction dates in late 2024 or early 2025.
Staff believes it would be wise to award the bid and execute a construction agreement with American Ramp locking in the original bid price of $682,033. Given the increase in construction costs over the past year or so, a re-bid would likely result in greater cost to the city.
Staff also believes that a delay in constructing the track will not interfere with the remained of the park improvements Financed through the Parks and Recreation Grant referenced herein and the Caltrans Clean California grant intended to complete the improvement projects
Staff recommends that Council proceed with the recommended actions noted herein City Adm.
Approval FISCAL IMPACT:
$
Eric G. Ziegler Funds Budgeted: Yes Amount Required
Amount Budgeted Appropriation Requested
Account Number Reviewed by Finance
CITY OF MARICOPA
THIS Agreement made and entered into this 26th day of March, 2024 by and between the City of MARICOPA, hereinafter called "City", and American Ramp Company, Inc. hereinafter called "Contractor".
WITNESSETH: That the parties hereto do mutually agree as follows:
ARTICLE!. That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the said party of the first part, and under the conditions expressed in the 2 bonds, bearing even date with these presents, and hereunto annexed, the said party of the second part agrees with the said party of the first part, at his own proper cost and expense, to do all the work and furnish all the materials, except such as are mentioned in the specifications to be furnished by said party of the first part, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the CITY OF MARICOPA, the work described in the special provisions and the project plans described below, including any addenda thereto, and also in conformance with the 2018 State Of California Department Of Transportation Standard Plans And Standard Specifications, The 2018 State Of California Department Of Transportation Revised Standard Plans And Revise Standard Specifications. The current edition of the California Manual On Uniform Traffic Control Devices (CAMUTCD) and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished The Special Provisions and Project Plans for the work to be done are entitled:
CITY OF MARICOPA
DEPARTMENTOFPUBLICWORKS
MARICOPA PARK ASPHALT PUMP TRACK PROJECT
Contractor shall, in accordance with the SPECIFICATIONS and drawings, therefor, furnish at its own expense all labor, materials, equipment and services as required therefor, and to do everything required in this Agreement and the SPECIFICATIONS.
ARTICLE I. The City hereby employs said Contractor to perform the work according to the terms of this Agreement and the SPECIFICATIONS for price(s) named in Contractor's BID (hereinafter "Proposal"), and agrees to pay the same at the time, in the manner, and upon the conditions set forth in the SPECIFICATIONS; and the parties for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained.
ARTICLE III. The minimum wage rates as predetermined by the Director of the California Department of Industrial Relations are hereby made a part of this contract. It is expressly agreed by and between the parties hereto that should there by any conflict between the terms of this Agreement and the Proposal of said Contractor, then this Agreement shall control, and nothing herein shall be considered as an acceptance of the terms of said proposal conflicting herewith.
ARTICLE IV. The Contractor agrees to receive and accept the prices as bid in the Bidding Schedule as full and complete compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement; also for all oss 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 MARICOPA, 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.
ARTICLE V. BLANK
ARTICLE VI. Prior to starting construction under the terms of this Agreement, Contractor shall provide to the City a Faithful Performance Bond and the Labor Materials Bond, as required in the SPECIFICATIONS.
ARTICLE Vil. Contractor and any subcontractors shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of this Agreement for the work to be provided for hereunder. All parties shall make such materials available at their respective offices as required in the SPECIFICATIONS.
ARTICLE VIlI. • If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled
ARTICLE IX. In addition to any other Indemnification requirements in the SPECIFICATIONS, the Contractor agrees to indemnify, defend and save harmless the City, its officers, agents, employees and consultants from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, material men, laborers and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this Agreement and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Contractor in the performance of this Agreement, except such loss which was caused by the sole negligence or willful misconduct of the City.
ARTICLE X. In addition to any other insurance provisions required in the SPECIFICATIONS, Contractor shall provide insurance to the City as set forth in Exhibits [1, 1-A, 2, 3, 4, 6, 11].
ARTICLE XI. The Contractor and the agents and employees of Contractor, in the performance of the Agreement, shall act in an independent capacity and not as officers or employees or agents of the City.
ARTICLE XII. The City may terminate this Agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained or contained in the SPECIFICATIONS at the time and in the manner as required. In the event of such termination, the City may proceed with the work in any manner deemed proper by the City. The cost to the City shall be deducted from any sum due the Contractor under this Agreement, and the balance, if any, shall be paid to the Contractor upon demand.
ARTICLE XIII. Without the written consent of the City, this Agreement is not assignable by Contractor either in whole or in part.
ARTICLE XIV. Time is of the essence in this Agreement.
ARTICLE XV. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto; and no oral understanding or Agreement not incorporated herein shall be binding on any of the parties hereto.
ARTICLE XVI. By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.
ARTICLE XVI!. 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 CITYOFMARICOPA, 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, said City will pay and said Contractor shall receive the total sum of $682,033 (Six Hundred Eighty Two Thousand, Thirty Three Dollars) in full compensation; per price(s) named in Contractor's bid.
CITY OF MARICOPA
NOTICE TO BIDDERS
& SPECIAL PROVISIONS
FOR
MARICOPA PARK PUMP TRACK PROJECT
TED
99 0)
Dopartment of Transportion Standard Plans And for use in promotion with boat fund contie prodies rianed under tie a sade or cans Renad ate in ed sect or an at e Work is a compised. HorM ASphal shal conTra to the pro sons in Sem 39, Hot Me Asphat, of the 2010 Standard Specifications and these special provisions.
CRITICAL DATES AND REQUIREMENTS (Subject to change upon previous notice) Advertise: July 28, 2023
Pre-Bid Meeting/ Job Walk: August 10, 2023 @ 10:00 AM at Job Site. Maricopa Park. Maricopa, CA. Attendance is not mandatory.
Bids Due/Bid Opening: August 31, 2023 @ 2:00 PM at Maricopa - City Hall Contractor License Requirements): Class 'A'
Project Completion Time: 60 working days
Proposed Council Action to Award: September 26, 2023, City Council Meeting Pre-Construction Meeting October 10, 2023 @ 10:00 AM at Maricopa Park Construction Start Date: October 16, 2023
Construction End Date: December 15, 2023
Notice of Completion Council Action: January 23, 2024
Cory Morse 07-19-2023
Cory Morse City Mayor Date REOISTEREO
JUAN M. PANTOSA * No. 64740,
07/14/2023 STATE CIVIL RIN CIVIL
Juan M Pantoja, RCE 64740. Exp. 6/30/25 Date
BHT Engineering, Inc. 218 S. "H" Street, Suite 201, Bakersfield, CA 93304, Phone: (661) 558-4641, BHT Job# 22201 Laura Robison
From: Blake Robinson < [email protected]>
Sent: Thursday, February 8, 2024 1:14 PM
To: Laura Robison ([email protected])
Subject: RE: CA, Maricopa - Pump Track Project
Hey Eric,
Thanks for the call. I reviewed the numbers with my team, and we have agreed to hold the original bid price of $682,033.00 through the end of March 2024. As you mentioned on the phone, you are shooting for a mid-March contract and NTP, so l'd like to establish some milestones.
You mentioned there are 3 things that need to take place. Anything | can do to help achieve these things faster, please don't hesitate to call.
We are also in agreement that the timeline for the project is a variable that is negotiable as we will likely be pushing for a winter build at this point.
Is it possible for me to get a copy of the letter from the state as well? As this is relevant in other projects it would be good to get some clarity in case we run into a similar issue with another city.
Thanks again.
Blake Robinson
Action Sports Development Specialist
American Ramp Company
[email protected]
417.206.6816 × 124
417.437.5703
@ americanrampcompany.com
From: Blake Robinson
Sent: Thursday, February 8, 2024 10:51 AM
To: 'Laura Robison (Lrobison_ [email protected])' <|robison [email protected]> Subject: RE: CA, Maricopa - Pump Track Project
I am actually going into a pump track scheduling meeting this afternoon to discuss projects. Would be great if I could let them know we officially have the green light and will be working on contracting.
Blake Robinson
Action Sports Development Specialist
American Ramp Company
~ [email protected]
~ 417.206.6816 x 124
1 EXHIBITC
Laura Robison
From: Blake Robinson < [email protected]>
Sent: Tuesday, March 12, 2024 2:31 PM
To: Laura Robison
Subject: RE: CA, Maricopa - Pump Track Project
Attachments: Bonding Warranty Statement - Pump Track.pdf I think as discussed on our call a few weeks ago, we are likely into 2025 for the build unless another project needs to move out. If you wouldn't mind sending us the contract now so we can review it now and be ready to sign when everything is approved, I think that would help in getting things moving quickly.
Something else I wanted to get in your hands is our bonding warranty statement for our asphalt pump tracks. We will need this signed saying that you have read and understood the surety disclosure at the bottom of the page. If your attorney has issues with this, let me know.
Blake Robinson
Action Sports Development Specialist
American Ramp Company
[email protected]
/ 417.206.6816 × 124
417.437.5703
americanrampcompany.com
From: Laura Robison < [email protected]>
Sent: Tuesday, March 12, 2024 4:11 PM
To: Blake Robinson < [email protected]>
Subject: RE: CA, Maricopa - Pump Track Project
External Sender!
I expect *the Award of Bid and Approval of Contract to be on the City Council agenda for Tuesday, March 26, 2024.
I'm anticipating approval at that time.
Assuming it's approved on the 26", do you have an anticipated construction schedule?
I'm highly optimistic that we're JUST about there with this project.
Eric G. Ziegler
1 city of Maricopa
From: Blake Robinson [mailto:[email protected]] Sent: Tuesday, March 12, 2024 12:30 PM
To: Laura Robison (Lrobison [email protected])
Subject: RE: CA, Maricopa - Pump Track Project
Hey Eric,
Following up again on this. Want to make sure we are still on track to get contracted before the end of this month.
Let me know what I can be doing to help.
Thanks!
Blake Robinson
Action Sports Development Specialist
American Ramp Company
@ [email protected]
/ 417.206.6816 × 124
• 417.437,5703
americanrampcompany.com
From: Blake Robinson
Sent: Friday, February 16, 2024 3:58 PM
To: 'Laura Robison (Lrobison [email protected])' <[email protected]> Subject: RE: CA, Maricopa - Pump Track Project
Hey Eric,
Just following up. Let me know if there is anything I can be doing to help make sure this is moving.
Blake Robinson
Action Sports Development Specialist
American Ramp Company
& [email protected]
• 417.206.6816 × 124
417.437.5703
@ americanrampcompany.com
From: Blake Robinson
Sent: Thursday, February 8, 2024 3:14 PM
2