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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY DELUXE ENDORSEMENT:
HUMAN SERVICES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording.
Coverage Applicable Limit of Insurance Page #
Extended Property Damage Included 2
Limited Rental Lease Agreement Contractual Liability $50,000 limit 2 Non-Owned Watercraft Less than 58 feet 2
Damage to Property You Own, Rent, or Occupy $30,000 limit 2 Damage to Premises Rented to You $1,000,000 3
HIPAA Clarification 4
Medical Payments $20,000 5
Medical Payments – Extended Reporting Period 3 years 5
Athletic Activities Amended 5
Supplementary Payments – Bail Bonds $5,000 5
Supplementary Payment – Loss of Earnings $1,000 per day 5 Employee Indemnification Defense Coverage $25,000 5
Key and Lock Replacement – Janitorial Services Client Coverage $10,000 limit 6 Additional Insured – Newly Acquired Time Period Amended 6 Additional Insured – Medical Directors and Administrators Included 7 Additional Insured – Managers and Supervisors (with Fellow Employee Coverage)
Included 7
Additional Insured – Broadened Named Insured Included 7 Additional Insured – Funding Source Included 7
Additional Insured – Home Care Providers Included 7
Additional Insured – Managers, Landlords, or Lessors of Premises Included 7 Additional Insured – Lessor of Leased Equipment Included 7 Additional Insured – Grantor of Permits Included 8
Additional Insured – Vendor Included 8
Additional Insured – Franchisor Included 9
Additional Insured – When Required by Contract Included 9 Additional Insured – Owners, Lessees, or Contractors Included 9 Additional Insured – State or Political Subdivisions Included 10 278
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Duties in the Event of Occurrence, Claim or Suit Included 10 Unintentional Failure to Disclose Hazards Included 10
Transfer of Rights of Recovery Against Others To Us Clarification 10 Liberalization Included 11
Bodily Injury – includes Mental Anguish Included 11
Personal and Advertising Injury – includes Abuse of Process, Discrimination
Included 11
A. Extended Property Damage
SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following:
a. Expected or Intended Injury
“Bodily injury” or property damage” expected or intended from the standpoint of the insured.
This exclusion does not apply to “bodily injury” or “property damage” resulting from the use of reasonable force to protect persons or property.
B. Limited Rental Lease Agreement Contractual Liability SECTION I – COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b. Contractual Liability is amended to include the following:
(3) Based on the named insured’s request at the time of claim, we agree to indemnify the named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client, up to $50,000. This coverage extension only applies to rental lease agreements. This coverage is excess over any renter’s liability insurance of the client.
C. Non-Owned Watercraft
SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is deleted in its entirety and replaced by the following:
(2) A watercraft you do not own that is:
(a) Less than 58 feet long; and
(b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent.
D. Damage to Property You Own, Rent or Occupy
SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE 279
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LIABILITY, Subsection 2. Exclusions, Paragraph j. Damage to Property, Item (1) is deleted in its entirety and replaced with the following:
(1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another’s property, unless the damage to property is caused by your client, up to a $30,000 limit. A client is defined as a person under your direct care and supervision.
E. Damage to Premises Rented to You
1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word “fire” is changed to “fire, lightning, explosion, smoke, or leakage from automatic fire protective systems” where it appears in:
a. The last paragraph of SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions; is deleted in its entirety and replaced by the following:
Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III – LIMITS OF INSURANCE. b. SECTION III – LIMITS OF INSURANCE, Paragraph 6. is deleted in its entirety and replaced by the following:
Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems while rented to you or temporarily occupied by you with permission of the owner. c. SECTION V – DEFINITIONS, Paragraph 9.a., is deleted in its entirety and replaced by the following:
A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract";
2. SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance, (1) (a) (ii) is deleted in its entirety and replaced by the following:
That is insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems for premises rented to you or temporarily occupied by you with permission of the owner;
3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of:
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a. $1,000,000; or
b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit.
This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof.
F. HIPAA
SECTION I – COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, is amended as follows:
1. Paragraph 1. Insuring Agreement is amended to include the following:
We will pay those sums that the insured becomes legally obligated to pay as damages because of a “violation(s)” of the Health Insurance Portability and Accountability Act (HIPAA). We have the right and the duty to defend the insured against any “suit,” “investigation,” or “civil proceeding” seeking these damages. However, we will have no duty to defend the insured against any “suit” seeking damages, “investigation,” or “civil proceeding” to which this insurance does not apply.
2. Paragraph 2. Exclusions is amended to include the following additional exclusions:
This insurance does not apply to:
a. Intentional, Willful, or Deliberate Violations
Any willful, intentional, or deliberate “violation(s)” by any insured. b. Criminal Acts
Any “violation” which results in any criminal penalties under the HIPAA. c. Other Remedies
Any remedy other than monetary damages for penalties assessed. d. Compliance Reviews or Audits
Any compliance reviews by the Department of Health and Human Services.
3. SECTION V – DEFINITIONS is amended to include the following additional definitions:
a. “Civil proceeding” means an action by the Department of Health and Human Services (HHS) arising out of “violations.”
b. “Investigation” means an examination of an actual or alleged “violation(s)” by HHS. However, “investigation” does not include a Compliance Review.
c. “Violation” means the actual or alleged failure to comply with the regulations included in the HIPAA.
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G. Medical Payments – Limit Increased to $20,000, Extended Reporting Period
If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part:
1. The Medical Expense Limit is changed subject to all of the terms of SECTION III - LIMITS OF INSURANCE to the greater of:
a. $20,000; or
b. The Medical Expense Limit shown in the Declarations of this Coverage Part.
2. SECTION I – COVERAGE, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, a. (3) (b) is deleted in its entirety and replaced by the following:
(b) The expenses are incurred and reported to us within three years of the date of the accident.
H. Athletic Activities
SECTION I – COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions, Paragraph e. Athletic Activities is deleted in its entirety and replaced with the following:
e. Athletic Activities
To a person injured while taking part in athletics.
I. Supplementary Payments
SECTION I – COVERAGES, SUPPLEMENTARY PAYMENTS - COVERAGE A AND B are amended as follows:
1. b. is deleted in its entirety and replaced by the following:
1. b. Up to $5000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these.
1.d. is deleted in its entirety and replaced by the following:
1. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work.
J. Employee Indemnification Defense Coverage
SECTION I – COVERAGES, SUPPLEMENTARY PAYMENTS – COVERAGES A AND B the following is added:
We will pay, on your behalf, defense costs incurred by an “employee” in a criminal proceeding occurring in the course of employment.
The most we will pay for any “employee” who is alleged to be directly involved in a criminal proceeding is $25,000 regardless of the numbers of “employees,” claims or “suits” brought or persons or organizations making claims or bringing “suits. 282
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K. Key and Lock Replacement – Janitorial Services Client Coverage SECTION I – COVERAGES, SUPPLEMENTARY PAYMENTS – COVERAGES A AND B is amended to include the following:
We will pay for the cost to replace keys and locks at the “clients” premises due to theft or other loss to keys entrusted to you by your “client,” up to a $10,000 limit per occurrence and $10,000 policy aggregate.
We will not pay for loss or damage resulting from theft or any other dishonest or criminal act that you or any of your partners, members, officers, “employees”, “managers”, directors, trustees, authorized representatives or any one to whom you entrust the keys of a “client” for any purpose commit, whether acting alone or in collusion with other persons.
The following, when used on this coverage, are defined as follows:
a. "Client" means an individual, company or organization with whom you have a written contract or work order for your services for a described premises and have billed for your services. b. "Employee" means:
(1) Any natural person:
(a) While in your service or for 30 days after termination of service; (b) Who you compensate directly by salary, wages or commissions; and (c) Who you have the right to direct and control while performing services for you; or (2) Any natural person who is furnished temporarily to you:
(a) To substitute for a permanent "employee" as defined in Paragraph (1) above, who is on leave; or
(b) To meet seasonal or short-term workload conditions; while that person is subject to your direction and control and performing services for you. (3) "Employee" does not mean:
(a) Any agent, broker, person leased to you by a labor leasing firm, factor, commission merchant, consignee, independent contractor or representative of the same general character; or
(b) Any "manager," director or trustee except while performing acts coming within the scope of the usual duties of an "employee."
c. "Manager" means a person serving in a directorial capacity for a limited liability company.
L. Additional Insureds
SECTION II – WHO IS AN INSURED is amended as follows:
1. If coverage for newly acquired or formed organizations is not otherwise excluded from this 283
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Coverage Part, Paragraph 3.a. is deleted in its entirely and replaced by the following:
a. Coverage under this provision is afforded until the end of the policy period.
2. Each of the following is also an insured:
a. Medical Directors and Administrators – Your medical directors and administrators, but only while acting within the scope of and during the course of their duties as such. Such duties do not include the furnishing or failure to furnish professional services of any physician or psychiatrist in the treatment of a patient.
b. Managers and Supervisors – Your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. Managers and supervisors who are your “employees” are also insureds for “bodily injury” to a co- “employee” while in the course of his or her employment by you or performing duties related to the conduct of your business.
This provision does not change Item 2.a.(1)(a) as it applies to managers of a limited liability company.
c. Broadened Named Insured – Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance.
d. Funding Source – Any person or organization with respect to their liability arising out of:
(1) Their financial control of you; or
(2) Premises they own, maintain or control while you lease or occupy these premises.
This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. e. Home Care Providers – At the first Named Insured's option, any person or organization under your direct supervision and control while providing for you private home respite or foster home care for the developmentally disabled.
f. Managers, Landlords, or Lessors of Premises – Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions:
This insurance does not apply to:
(1) Any “occurrence” which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization.
g. Lessor of Leased Equipment – Automatic Status When Required in Lease Agreement With You – Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or 284
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organization is an insured only with respect to liability for “bodily injury,” “property damage” or “personal and advertising injury” caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization.
A person’s or organization’s status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends.
With respect to the insurance afforded to these additional insureds, this insurance does not apply to any “occurrence” which takes place after the equipment lease expires. h. Grantors of Permits – Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision:
(1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you own, rent or control and to which this insurance applies:
(a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures;
(b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. i. Vendors – Only with respect to “bodily injury” or “property damage” arising out of “your products” which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions:
(1) The insurance afforded the vendor does not apply to:
(a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement;
(b) Any express warranty unauthorized by you;
(c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; 285
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(g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or
(h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:
(i) The exceptions contained in Sub-paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing.
j. Franchisor – Any person or organization with respect to their liability as the grantor of a franchise to you.
k. As Required by Contract – Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for "bodily injury," "property damage" or "personal and advertising injury" but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations
l. Owners, Lessees or Contractors – Any person or organization, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by:
(1) Your acts or omissions; or
(2) The acts or omissions of those acting on your behalf;
in the performance of your ongoing operations for the additional insured when required by a contract.
With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to "bodily injury" or "property damage" occurring after:
(a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or
(b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.
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m. State or Political Subdivisions – Any state or political subdivision as required, subject to the following provisions:
(1) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, and is required by contract.
(2) This insurance does not apply to:
(a) "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or
(b) "Bodily injury" or "property damage" included within the "products-completed operations hazard."
M. Duties in the Event of Occurrence, Claim or Suit
SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. is amended as follows:
a. is amended to include:
This condition applies only when the “occurrence” or offense is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership; or
(3) An executive officer or insurance manager, if you are a corporation. b. is amended to include:
This condition will not be considered breached unless the breach occurs after such claim or “suit” is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership; or
(3) An executive officer or insurance manager, if you are a corporation.
N. Unintentional Failure To Disclose Hazards
SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations is amended to include the following:
It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure.
O. Transfer of Rights of Recovery Against Others To Us
SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer of Rights of 287
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Recovery Against Others To Us is deleted in its entirety and replaced by the following:
If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them.
Therefore, the insured can waive the insurer’s rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract.
P. Liberalization
SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following:
If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state.
Q. Bodily Injury – Mental Anguish
SECTION V – DEFINITIONS, Paragraph 3. Is deleted in its entirety and replaced by the following:
“Bodily injury” means:
a. Bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and
b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time.
R. Personal and Advertising Injury – Abuse of Process, Discrimination
If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part, the definition of “personal and advertising injury” is amended as follows:
1. SECTION V – DEFINITIONS, Paragraph 14.b. is deleted in its entirety and replaced by the following:
b. Malicious prosecution or abuse of process;
2. SECTION V – DEFINITIONS, Paragraph 14. is amended by adding the following:
Discrimination based on race, color, religion, sex, age or national origin, except when:
a. Done intentionally by or at the direction of, or with the knowledge or consent of:
(1) Any insured; or
(2) Any executive officer, director, stockholder, partner or member of the insured; b. Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured;
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c. Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured; or d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling.
The above does not apply to fines or penalties imposed because of discrimination. 289
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OAKDALE MORNING MARKET PERMIT--2024
Page | 1 October, 2022
Event Authorization
A Permit has been issued to Lisa Kjeldgaard, Love Oakdale (Event Organizer) to organize and be the point of contact for the 2024 Oakdale Morning Market on Saturday mornings from 8:00 to 11:00 a.m., from May 4, 2024 through September 28, 2024 consistent with the following event conditions.
Street closure is approved as follows:
• North Third Avenue will be closed (between East E and East F Street) beginning at 6:00 a.m. until 12:00 p.m.
• North Third Avenue parking lot (between East E and East F Street) beginning at 6:00 a.m. until 12:00 p.m.
• Sidewalk on the south side of E Street needs to remain clear at all times. • No set-up by any vendor is permitted until the street closure has been completed.
Individuals found to be in non-compliance may be subjection to citation by the Oakdale Police Department.
Event Conditions
1. Event Organizer agrees to comply with the permit conditions identified herein.
2. Event Organizer shall be defend, indemnify and hold harmless the City of Oakdale or its agents, officers or employees from any claim, action, or proceeding against the City associated with this event.
3. Event Organizer shall obtain and maintain in full force and in effect a Commercial General Liability Insurance naming the City as additional insured in the amount of $1,000,000.00 for the term of the event.
4. Vendors must provide walking space and maintain visibility to the storefront businesses.
5. Event Organizer shall collect a business license/vendor license fee of $20 per vendor and submit to the City of Oakdale Finance Department prior to the event start date. (Refer to attached Vendor Form (Attachment A)
6. Any music, live or recorded, should be at a level as to not disturb the peace and shall conform to the City’s Noise Ordinances and Standards.
7. The use of a Bounce House is not permitted.
ATTACHMENT B
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8. Event Organizer shall not allow the sale, serving or consumption of alcoholic beverages on public property in conjunction with the event. Any alcohol sales in conjunction with this event shall receive prior approval from the City of Oakdale Police Department.
9. City trash containers are for customer use. Event Organizer shall ensure all market vendors remove all trash, containers and boxes.
10. Event Organizer and market vendors shall be responsible for clean-up of all trash generated by market activity.
11. Except for those vehicles associated with the event; Event Organizer shall ensure that no unauthorized, non-emergency vehicles are permitted within the barricaded area following closure of the street for the event.
12. A designated fire lane, a minimum of 20 feet shall be identified and kept clear during the event, in case of emergency within the designated event closure area.
13. Access to fire hydrants and building fire protection systems, such as fire department connections shall be clear and unobstructed.
14. All City fire hydrants shall be kept clear and accessible to the Fire Department during the event.
15. If cooking vendors are utilizing LPG or solid fuels are participating in the event they shall comply with the following conditions:
a) The safety relief valves for LPG tanks are pointed away from the walls of a canopy, tent, membrane structure or similar.
b) Each LPG tank/cylinder shall be properly secured to prevent falling from contact.
c) All cooking utilizing solid fuel must be done under open air and not under any canopy, tent, membrane structure or similar.
d) Any vendor utilizing solid fuel must have a metal receptacle with secure lid for sole purposes of collecting hot ashes.
e) Each cooking vendor shall have a minimum of (1) 2A:10BC fire extinguisher. f) Vendors cooking with vegetable or animal fats and oils shall have (1) Class K fire extinguisher.
g) All fire extinguishers shall be provided with a current inspection tag. 291
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OAKDALE MORNING MARKET PERMIT--2024
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16. Food vendors shall keep a copy of their Health Department approval on the premises.
17. Food vendors will be subject to inspections prior to the start of or during the event.
18. Event Organizer shall be responsible for posting “No Parking” signage (signage must indicate the time period of closure) on Friday (the day before the event).
Signage shall be removed immediately following closure each week of the event by the Event Organizer. Signage shall not be secured with nails or staples; signage must be secured with zip ties.
19. Event Organizer shall coordinate with Public Works regarding the proper placement of road closure traffic control devices and barricades. Contact Matt Sweet (Streets/Sewer Lead Maintenance) at 209-840-4491 or at 209-845-3600.
20. Event Organizer and market volunteers shall be responsible for the weekly set-up and removal of traffic control devices and barricades.
21. Event Organizer shall be responsible for the service and maintenance of the port-apotty. Port-a-potty shall remain locked when the event is not in operation.
22. Contact Oakdale Police Department at 209-847-2231, if any disturbances arise. In the event of an emergency call 911.
23. In case of a Public Works emergency, please call 1-800-868-8750.
24. Any changes or modifications to this event/permit will require a 30-day review. All requests shall be submitted in writing and delivered the City Clerk’s Office.
Dated: Approved
by:
Bryan Whitemyer, City Manager
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Special Event
Vendors Event Temporary Business License
Void if any unauthorized change is made. Not transferable.
Vendor ($20.00 per event per vendor)
Name of Company Representative:
Special Event Date(s)
Event Name
This license is issued pursuant to Oakdale Municipal Code Section 16-1. G and required fees have been paid to The City of Oakdale for the conduct and operation of the business by the person or firm indicated below.
List Vendors (attach list if needed)
1. 7.
2. 8.
3. 9.
4. 10.
5. 11.
6. 12.
This license allows every person that does not have a fixed place of business in the City, who travels from place to place or house to house, or temporarily occupies a space in any other business establishment within the City, or participates in Approved Special Events, who makes demonstrations of or solicits, takes orders or canvasses for the sale of, or sells any goods, wares, merchandise, insurance, subscriptions to periodicals or magazines.
This license shall not entitle licensee to operate the business door to door or in a parking lot or the public right of way (sidewalk). Door to Door sales requires a Peddlers Permit.
Organizer Name: Phone Number:
Address: City/State Zip:
Company Representative Signature:
Recevied By:
City of Oakdale Finance Employee:
Fee Paid:
Date Fee Paid:
Receipt Number:
Attachment A
293
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Date: February 05, 2024
To: Mayor and City Council
From: Patrick Mondragon, Assistant to the City Manager/HR Reviewed by: Bryan Whitemyer, City Manager
Subject: Consider Approving a Resolution Amending the Wastewater Treatment Plant Operator II and Operator III Salary Ranges and Adding a Bonus Incentive for Said Positions
I. Background / Discussion
For the past several years, the City of Oakdale has had tremendous challenges with recruiting and retaining more senior qualified Wastewater Treatment Plant Operators. We believe this is in large part to outdated and uncompetitive pay for these positions.
Essential Services & Operations
The City of Oakdale Wastewater Treatment plant (WWTP) is an essential, seven-day per week operation, with staff working staggered work schedules to ensure that there is proper staffing seven days per week, 365 days per year. The WWTP consists of Operators-inTraining (OIT), Operator I, Operator II, Senior WWTP Operator (Operator III) and a WWTP Supervisor, as well as one full-time Maintenance Mechanic who is not a WWTP Operator, and works solely to operate and maintain vehicles and equipment at the WWTP. Although Operators-in-Training and Operator I personnel are essential in carrying out the mission at the WWTP, to include monitoring and operating various equipment, cleaning the multiple ponds, disinfecting, collecting samples, troubleshooting, and more, only Operator II and above personnel (per state laws and guidelines) are authorized to operate without supervision. To this end, Operator II’s and above are required to be present at the WWTP at all times, providing supervision to OIT and Operator I personnel.
What it Takes to Become an Operator II
To become an Operator II, a person needs to possess a Grade II Wastewater Treatment Plant Operator Certificate, issued by the State Water Resources Control Board. In order to gain this certificate, an operator must have two years of physical WWTP plant experience and 12 college units. The test itself is very difficult, with most operators failing on their first attempt. It consists of 100 timed-multiple choice questions of extreme difficulty covering 12 different areas of WWTP practices. The exam itself may only be taken every four-months. In other words, if an employee fails the test, they must wait four months to re-take the test.
AGENDA ITEM 11.3
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CITY OF OAKDALE
CITY COUNCIL STAFF REPORT (CONTINUED)
What it Takes to Become an Operator III (Senior WWTP Operator) To become an Operator III (Senior WWTP Operator), an employee needs to possess a Grade III WWTP Operator Certificate, also issued by the State Water Resources Control Board. In order to gain this certificate, an operator must have four years of physical WWTP plant experience and 18 college units, or an Associates Degree or higher and 2 years of full-time qualifying experience. The test for Operator III is even more difficult. In addition to some of the testing areas contained in the Operator II, the Grade III examination includes questions on process control, activated sludge process modifications and tertiary treatment.
The Grade III examination also contains mathematical questions. Examinees are asked to calculate a variety of problems, including efficiency and loading of solid thickening processes, disinfectant usage, digester loading, pumping efficiency, standard Biochemical Oxygen Demand (BOD) test, hydraulic or organic loading rate, activated sludge wasting rate, Mixed Liquor Volatile Suspended Solids (MLVSS) and Mixed Liquor Suspended Solids (MLSS), sludge pumping rate, nitrogenous BOD calculation, F/M ratio and polymer usage.
This test is so difficult that applicants are given 3 ½ hours to complete it, versus the 2 ½ hours allotted for the Operator II exam.
A Narrow Path to Wastewater Treatment Plant
Due to these demands, requirements, and required aptitude in order to successfully make it to the Operator II and Operator III level, a small pool of qualified applicants exists in this field. As such, these operators, having gone through all of these steps, most of them paying out-of-pocket for much of it, are most likely going to look for municipalities with the higher paying salary ranges.
Research Shows We are Behind the Power Curve
After several years of failing to attract and maintain qualified WWTP Operator II’s and Operator III’s, staff conducted extensive research to see what other local City salary ranges are, and where the City of Oakdale compared with those. Our research of more than five other municipalities, to include Riverbank, Patterson, Modesto, and Turlock, indicated that we are lower than all but one municipality. That municipality is the City of Riverbank, and it should be noted that even the City of Riverbank is currently (at this very moment) going through a salary range amendment for their WWTP positions, because they are experiencing the same problems we are, being able to attract and retain qualified senior operators. Below is a chart showing what Operator II’s and III’s make in other local municipalities, compared with what they make at the City of Oakdale.
Modesto Turlock Patterson Riverbank Oakdale
Operator II 5,723 – 6,957 5,314 – 6,459 5,099 – 6,198 4,477 – 5,441 4,543 – 5,453 Operator III 6,318 – 7,679 6,808 – 8,276 5,640 – 6,841 4,896 – 5,951 5,342 – 6,425 295
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT (CONTINUED)
Other Initiatives Cities are Doing
In addition to competitive pay, one initiative that several municipalities, to include our notso-far neighbor City of Turlock are doing, are offering incentives, as a way to bolster interest and remain competitive. Currently, the City of Turlock is offering the following incentives for their Operator III (Senior WWTP Operator) position, which is a current recruitment. ➢ $2,500 hiring incentive
➢ $2,500 upon the completion of one-year probation’
➢ $2,500 upon completion of 3 years and satisfactory service ➢ Total: $7,500
Attached to this Staff Report (Attachment C) is a print-out of the City of Turlock’s current recruitment, showing the salary and incentive.
Staff’s Recommended Immediate Course of Action
Due to the all of the above-mentioned information, and in light of the struggles that the City of Oakdale has been having with recruiting and retaining qualified senior operators to run our Wastewater Treatment Plant, City Staff is recommending making the below immediate changes, prior to launching another recruitment, in order to be more attractive and competitive:
1. Update our Salary Range for these Positions. The below chart shows the current ranges for these positions, along with the proposed range changes that will bring these two positions in closer alignment with other municipalities:
Current
Classification Range A B C D E
WWTP
Operator II
24 $4,543.98 $4,758.40 $4,975.66 $5,212.67 $5,453.90
Proposed
Classification Range A B C D E
WWTP
Operator II
29 $5,101.22 $5,339.62 $5,592.15 $5,855.96 $6,131.05
Current
Classification Range A B C D E
Senior
WWTP
Operator
31 $5,342.45 $5,594.97 $5,858.78 $6,135.28 $6,425.89
Proposed
Classification Range A B C D E
Senior
WWTP
Operator
34 $5,730.40 $6,377.54 $6,690.03 $7,007.14 $7,341.18
296
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT (CONTINUED)
2. Implement the following Incentive Plan for the Operator III and Operator II positions:
Operator III Position
➢ $3,000 hiring incentive
➢ $3,000 upon the completion of one-year probation’
➢ $3,000 upon completion of 3 years and satisfactory service ➢ Total: $9,000
Operator II Position
➢ $2,500 hiring incentive
➢ $2,500 upon the completion of one-year probation’
➢ $2,500 upon completion of 3 years and satisfactory service ➢ Total: $7,500
3. Once items 1 and 2 are implemented, launch another External Recruitment in an effort to find a qualified Operator II and/or Operator III to provide experience, leadership, and expertise, and proper staffing for the seven-day per week WWTP operations.
II. Fiscal Impacts
If approved, the salary range difference for the Operator II would be $558 to $678 (depending on step) monthly or $6,696 to $8,136 (depending on step) annually. The salary range difference for the Operator III (Senior WWTP Operator) would be $388 to $916 (depending on step) monthly or $4,656 to $10,992 (depending on step) annually. Additional fiscal impact would be a maximum of $9,000 in Incentive Pay for the WWTP Operator III position, over a three-year period and a maximum of $7,500 in Incentive Pay for the Operator II position, over a three-year period. This would span multiple fiscal-years. Funds are currently available for this in the Sewer Operations Fund (Fund 622).
III. Recommendation
After a careful review of the City’s needs and in order to ensure the continued operations of the Wastewater Treatment Plant, City staff is recommending that the City Council approve the amendment and implementation of the Wastewater Treatment Plant Operator II and Operator III Salary Ranges and bonus incentive for said positions, in order to make ourselves more competitive and be able to attract and retain qualified senior operators in order to successfully staff the City of Oakdale Wastewater Treatment Plant.
IV. Attachments
a. Draft Resolution
b. Current and Proposed Operator II and Operator III Salary Range c. City of Turlock’s Senior WWTP Operator Recruitment, with Salary and Incentive Pay 297
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
CITY COUNCIL RESOLUTION 2024-XX
RESOLUTION OF THE CITY OF OAKDALE CITY COUNCIL
APPROVING THE AMENDMENT OF THE WASTEWATER TREATMENT
PLANT OPERATOR II AND OPERATOR III SALARY RANGES AND ADDING
A BONUS INCENTIVE FOR SAID POSITIONS
THE CITY OF OAKDALE CITY COUNCIL DOES HEREBY RESOLVE THAT:
Whereas, the City of Oakdale has adopted a Personnel Classification System; and Whereas, the City Council of the City of Oakdale desires to amend said system by changing the salary range for Operator II from Range 24 to Range 29 and Operator III from Range 31 to Range 34 of the City of Oakdale Salary Schedule; and
Whereas, in order to be more competitive and attract/retain qualified senior WWTP operators, the City Council desires to offer an incentive pay for Operator II of $2,500 initial incentive, $2,500 following the satisfactory completion of one year probation, and final $2,500 incentive upon the completion of three years of satisfactory performance and an incentive pay for Operator III of $3,000 initial incentive, $3,000 following the satisfactory completion of one year probation, and final $3,000 incentive upon the completion of three years of satisfactory performance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OAKDALE that the City Council approves the amendment of the Wastewater Treatment Plant Operator II and Operator III salary ranges and Adding a Bonus Incentive for said positions.
THE FOREGOING RESOLUTION IS HEREBY ADOPTED THIS 5
TH DAY OF FEBRUARY, 2024,
by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
____________________________
Cherilyn Bairos, Mayor
ATTEST:
______________________________________
Rouze Roberts, City Clerk
298
299
1/22/24, 10:41 AM Job Opportunities | Welcome to the City of Turlock Career Page https://www.governmentjobs.com/careers/turlock/jobs/4140657/water-treatment-plant-operator-senior 1/7 APPLY
(https://www.governmentjobs.com/careers/turloc
Salary $6,808.00 - $8,276.00 Monthly Location CA 95380, CA Job Type FULL-TIME Job Number 2023-WTPOS-534-2
Department Muni Division WQC
Opening
Date
07/28/2023 Closing Date Continuous
Position Information
The City of Turlock is offering NEW INCENTIVES for Water Treatment Plant Operator, Senior.
The Water Treatment Plant Operator, Senior INCENTIVE breakdown is as follows:
$2,500 – Upon hiring
$2,500 – Upon completion of probation
$2,500 – Upon completion of 3 years of service from hiring REVISED JOB DESCRIPTION REGARDING CERTIFICATIONS (T-3/D-2).
VISIT STANISLAUS REGIONAL WATER AUTHORITY (SRWA) FOR INFORMATION REGARDING THE WATER TREATMENT PLANT: CLICK HERE! (https://stanrwa.com/) The City of Turlock is seeking applicants for the Water Treatment Plant Operator, Senior position.
Under general direction, the Water Treatment Plant Operator, Senior acts as Shift Operator to supervise, operate, monitor, and inspect the Water Treatment Plant and ancillary facilities.
This classification is assigned to the Turlock City Employees Association bargaining unit for labor relations purposes and is subject to overtime, call back, and standby assignments.
An eligibility list will be established from this recruitment that will be valid for six (6) months. All employees serve a one (1) year probationary period.
Water Treatment Plant
Operator, Senior
DESCRIPTION BENEFITS QUESTIONS
300
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Meeting Date:
To:
From:
Subject:
Monday, February 5, 2024
Mayor Bairos and Members of the City Council
Jerry Ramar, Chief of Police
Consideration of a Resolution Authorizing Staff to Purchase a 2023 Ford Mach-E from Haidlen Ford for $51,833.34 and
Outfit the Vehicle with Emergency Vehicle Equipment Installed by Jay’s Tires for $25,579.17 for a Total of $77,412.51 Using Funds from the Supplemental Law Enforcement Fund 203 to Replace Vehicle 38, and Surplus Vehicle 38.
I. BACKGROUND
A systematic and rational fleet replacement plan is integral to effective fleet management. It is simply impossible to have an effective fleet program where replacement funding and timing for replacement have yet to be identified. An old fleet of unreliable vehicles puts significant pressure on a fleet management program by raising demands on staff, shop space at Public Works, repair parts, and maintenance funding. A poorly managed fleet also leads to unhappy employees when the personnel cannot have a fleet they can rely on daily.
A good fleet replacement program has two components: a methodology for identifying vehicles that should be replaced, which generally occurs based on age and usagebased criteria, and a funding methodology that ensures an appropriate level of funding is available to replace vehicles when they have reached the end of their useful lives.
The industry standard is that vehicles be replaced between 100,000 and 125,000 miles. This standard is based on the wear-and-tear of the vehicle, vehicle running hours, and the harsh and abusive use of police vehicles; police vehicles are driven harder and commonly pushed to their limits, reducing their life span. Using police vehicles over 125,000 miles exposes personnel to potential catastrophic vehicle failure, leaving us without enough vehicles in the fleet to operate patrol functions properly. Additionally, Oakdale Police purchases the extended warranty for each vehicle, extending the warranty to 125,000 miles.
II. DISCUSSION
Vehicle 38 is part of the vehicle fleet and has been identified as a vehicle that should have been replaced in fiscal year 22/23. The vehicle has been used past its end of useful life based on the industry standard criteria: the vehicle's age, mileage, vehicle run-time, and the extended warranty expiring. Vehicle 38 was serving as one of the fleet’s patrol vehicles. Vehicle 38 has approximately 145,000 miles.
AGENDA ITEM 11.4
301
CITY OF OAKDALE
City Council Staff Report (Continued)
SUBJECT: Request for Authorization to Purchase and Outfit a Replacement Patrol Vehicle MEETING DATE: February 5th, 2024
Haidlen Ford, a local Ford dealer, provided a price quote of $51,833.34, which includes the customary 125,000-mile warranty. Jay’s Tire, a vehicle outfitter located in Ceres, provided a quote to outfit the vehicle for patrol use for $25,579.17 The Ford Mustang Mach-E is an electric vehicle. Electric vehicles over the years have improved and proven to be reliable. The Mach-E is a rear-wheel drive vehicle with a 70-kWh battery that Ford estimates a range of 247 miles. Officers commonly drive less than 100 miles per shift.
Electric vehicles (EVs) require very little maintenance. Typically, EVs require brakes and tires to be replaced, but most other components do not require routine maintenance. Internal combustion engines (ICE) require routine maintenance, such as oil and transmission fluid changes. ICE vehicles have more components in the engine that can fail, such as water pumps, oil pumps, gas pumps, alternators, transmissions, torque converters, and other components. When these components fail, it takes the ICE vehicle out of commission until it can be repaired, sometimes for months. Currently, our ICE patrol vehicles receive maintenance every 3000 miles.
Based on the proven reliability and fewer EV components, we believe the vehicle will not be removed from the patrol fleet for repairs, allowing officers to be in service longer. This will also result in fewer hours of maintenance from fleet maintenance and reduced operation costs. According to Government Fleet Magazine, the first service on EVs is usually done when the vehicle reaches 100,000 miles, and EVs cost per mile is lower than ICE vehicles.
Currently, patrol has two Mach-E patrol vehicles. One is assigned to the shift sergeant and the other to the school resource officer. We installed a ChargePoint electric vehicle charge to prepare for electric patrol vehicles. The ChargePoint has a gateway that communicates with the internet, allowing us to view all charging sessions and activity. When checked on January 8, 2024, for the previous thirty days, the electricity used to charge the vehicles would have been $109.00 based on ChargePoint’s estimations. This amount does not take into consideration the recently installed solar.
Additionally, the sergeant's vehicle is assigned to the day shift sergeant and night shift sergeant, essentially using it twenty-four hours per day. We estimate that if we used an ICE vehicle in this fashion, it would use a full tank of gas daily, every day of the week. The capacity of a Ford Explorer Police Interceptor gas tank is 17.9 gallons. If gas is $5.00 per gallon, we would spend approximately $2,400 monthly on fuel (16 gallons of gas, thirty days at $5.00 per gallon). Since the implementation of the MachEs, we have not had any issues with them being down for charging.
Staff is also requesting the outfitting of the vehicles with emergency vehicle equipment and installation by Jays Tires for $25,579.17.
III. FISCAL IMPACTS
The cost of replacing vehicle 38 is $51,833.34, and the purchase and installation of the emergency equipment is a maximum amount of $25,579.17 for a total of $77,412.51. The purchase will be made with existing funds in the supplemental law enforcement fund 203.
302
CITY OF OAKDALE
City Council Staff Report (Continued)
SUBJECT: Request for Authorization to Purchase and Outfit a Replacement Patrol Vehicle MEETING DATE: February 5th, 2024
IV. RECOMMENDATION
City of Oakdale staff recommends the City Council adopt the attached Resolution authorizing staff to purchase a 2023 Ford Mach-E from Haidlen Ford for $51,833.34 and outfit the vehicles with emergency vehicle equipment installed by Jays Tires for $25,579.17 for a total amount of $77,412.51 using funds from the Supplemental Law Enforcement Fund 203, and surplus vehicle 38.
ATTACHMENTS
Attachment A: Resolution
Attachment B: Haidlen Ford Quote
Attachment C: Jays Tires Quote
303
IN THE CITY COUNCIL OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
CITY COUNCIL RESOLUTION 2024-
RESOLUTION OF THE CITY OF OAKDALE CITY COUNCIL AUTHORIZING STAFF TO PURCHASE A 2023 FORD MACH-E FROM HAIDLEN FORD FOR $51,833.34 AND
OUTFIT THE VEHICLE WITH EMERGENCY VEHICLE EQUIPMENT INSTALLED BY JAY’S TIRES FOR $25,579.17 FOR A TOTAL OF $77,412.51 USING FUNDS FROM THE SUPPLEMENTAL LAW ENFORCEMENT FUND 203, AND SURPLUS VEHICLE
38. THE CITY OF OAKDALE CITY COUNCIL DOES HEREBY RESOLVE THAT:
WHEREAS, the Oakdale Police Department has a 2016 Ford Explorer, Vehicle 38, that has been assigned to patrol since it was purchased, built and put into service; and, WHEREAS, vehicle 38 has been used past its useful life expectancy; and, WHEREAS, the Oakdale Police Department depends on a reliable patrol fleet to complete necessary patrol functions; and,
WHEREAS, Haidlen Ford was able to acquire a Ford Mach-E and has given Oakdale Police Department the first option to purchase the vehicle; and, WHEREAS, Staff recommends the purchase of the Ford Mach-E from Haidlen Ford, a local Ford dealer, and outfitting the vehicle for patrol purposes by Jays Tires; and, NOW, THEREFORE, BE IT RESOLVED that the CITY COUNCIL hereby authorizes staff to purchase a 2023 Ford Mach-E from Haidlen Ford for $51,833.34 and outfit the vehicles with emergency vehicle equipment by Jays Tires for $25,579.17 for a total of $77,412.51 to be funded from the Supplemental Law Enforcement Fund 203, and surplus vehicle 38.
THE FOREGOING RESOLUTION IS HEREBY ADOPTED THIS 5th DAY OF FEBRUARY 2024 by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST
Rouzé Roberts, City Clerk
SIGNED:
Cherilyn Bairos, Mayor
304
305
306
307
CITY OF OAKDALE
CITY COUNCIL STAFF REPORT
Date: February 5, 2024
To: Mayor Bairos and City Council
From: Ian Sather, Senior Engineering Technician
Subject: Consideration of a Resolution Authorizing the City Manager to Execute an Agreement with American Pavement Systems, Inc. in the Amount of $649,250.00 for the 2024 Area 5 Slurry Seal Project, and Authorize a 5% Construction Contingency in the Amount of $32,462.50 and Authorize a 5% Construction Engineering
Contingency in the Amount of $32,462.50 for a Total Project Budget of $714,175.00 to be Funded by SB1 Road Maintenance Fund 216.
I. BACKGROUND
The 2024 Area 5 Slurry Seal Project is part of a multi-year slurry seal pavement maintenance plan primarily funded by SB1, Fund 216. Currently, the overall plan includes seven project areas and will total more than $2.5 million dollars in pavement maintenance.
AGENDA ITEM 11.5
308
CITY OF OAKDALE
City Council Staff Report (Continued)
SUBJECT: Slurry Seal Area 5 Project
MEETING DATE: February 5th, 2024
The limits of Area 5 are generally constrained to the Burchell Hill neighborhood, bounded by Valley View Drive to the West, Maag Avenue and adjacent Courts to the East, Irvin Drive to the North, and East C Street (including adjacent Courts and TreeCrest Circle) to the South. An additional section has been added to the project to include areas bound by Old Stockton Road to the West, Melva Avenue to the East, River Bluff Drive to the North, and East A Street to the South.
Project Main Area
Additional Area of Project
309
CITY OF OAKDALE
City Council Staff Report (Continued)
SUBJECT: Slurry Seal Area 5 Project
MEETING DATE: February 5th, 2024
The main area of the project in Burchell Hill will install approximately 738,803 square feet of Type II Slurry Seal, 69,519 square feet of Type III Micro-Surfacing (installed before the Type II Slurry Seal), pneumatic rolling in 22 strategic locations, and re-striping of the road.
There is an additional area of the project that will install 139,160 square feet of Type II Slurry Seal and 116,852 square feet of Rubberized Cape Seal, pneumatic rolling in 11 predetermined locations, as well as re-striping the roadway.
This Project includes a treatment called Type III Micro-Surfacing. This Type of MicroSurfacing uses a slightly larger aggregate material than a Type II Slurry Seal. The Type II Slurry Seal is applied afterwards allowing for larger imperfections to be filled. A Rubberized Cape Seal is also used in some portions of the project. This process involves placing a rubber emulsion onto the existing pavement and topping the emulsion with gravel. The gravel is then rolled into the rubber, creating one-fourth inch to half an inch surface. Traffic will continue to drive on the gravel roadway for about a week, setting the stone into the rubber. The Contractor will then return and apply a Type II Slurry Seal over the gravel, creating a new wearing surface on the roadway.
This Rubberized Cape Seal application is performed on roads that do not have the ability to have a slurry seal applied but are not damaged enough to require a full replacement.
The city has used this application successfully on various other roads such as the industrial area of the city on Armstrong Way and Hi-Tech Way in July of 2018, and in the previous Area 4 Slurry Seal project.
II. DISCUSSION
Bids were opened on January 4, 2024. The bids were as follows:
CONTRACTOR PRICE
American Pavement Systems, Inc. $649,250.00
VSS International, Inc. $836,000.00
Sierra Nevada Construction, Inc. $1,017,000.00
Pavement Coatings Co. $1,377,642.00
The intent of this work is to extend the life of the streets from five to seven years. City staff will make additional efforts by sending an advance notice to residents informing them of conditions to be aware of such as wet slurry, gravel sloughing, detours and potential traffic issues.
III. FISCAL IMPACT
The apparent low bidder is American Pavement Systems, Inc. in the amount of $649,250.00. Staff is also recommending to include a 5% Construction Contingency in the amount of $32,462.50, and a 5% Construction Engineering Contingency in the amount of $32,462.50 for a total project cost of $714,175.00. The project is funded by SB1 Road Maintenance Fund 216. In Budget Fund 216, funding for Slurry Seal Area 5 and 6 is found and will be used for this project. Slurry Seal Area 6 will be refunded with the balance and anticipated funding available in fiscal year 24/25 in June 2024. There is no impact to the City General Fund. The SB1 funds can only be used for street 310
CITY OF OAKDALE
City Council Staff Report (Continued)
SUBJECT: Slurry Seal Area 5 Project
MEETING DATE: February 5th, 2024
rehabilitation and maintenance purposes which have been preprogramed and that have been approved by the City Council and in this case was on June 19, 2023.
IV. RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute an agreement with American Pavement Systems, Inc. in the amount of $649,250.00 for the 2024 Area 5 Slurry Seal Project, and authorize a 5% contingency in the amount of $32,462.50 and authorize a 5% Construction engineering contingency in the amount of $32,462.50 for a total project budget of $714,175.00 to be funded by SB1 Road Maintenance Fund 216.
V. ATTACHMENTS
Attachment A: Draft City Council Resolution 2024-___
Attachment B: Construction Agreement
311
IN THE CITY COUNCIL
OF THE CITY OF OAKDALE
STATE OF CALIFORNIA
RESOLUTION 2023-___
A RESOLUTION OF THE CITY OF OAKDALE CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH AMERICAN PAVEMENT SYSTEMS, INC. IN THE AMOUNT OF $649,250.00 FOR THE 2024 AREA 5 SLURRY SEAL PROJECT, AND AUTHORIZE A 5% CONSTRUCTION CONTINGENCY IN THE AMOUNT OF $32,462.50 AND AUTHORIZE A 5% CONSTRUCTION ENGINEERING CONTINGENCY IN THE AMOUNT OF $32,462.50 FOR A TOTAL PROJECT BUDGET OF $714,175.00 TO BE FUNDED BY SB1 ROAD MAINTENANCE FUND 216.
WHEREAS, the 2024 Area 5 Slurry Seal Project is part of a multi-year slurry seal pavement maintenance plan that Staff developed, consisting of primarily SB1 funding. Currently, the overall plan includes seven project areas and will total more than $2.5 million dollars of pavement maintenance; and,
WHEREAS, the project are includes the Burchell Hill area installing approximately 738,803 square feet of Type II Slurry Seal, 69,519 square feet of Type III Micro-Surfacing (installed before the Type II Slurry Seal), pneumatic rolling in 22 strategic locations, and re-striping of the road and the project includes an area to the west of Burchell Hills and will include installation of 139,160 square feet of Type II Slurry Seal and 116,852 square feet of Rubberized Cape Seal, pneumatic rolling in 11 predetermined locations, as well as re-striping the roadway; and,
WHEREAS, bids were opened on January 4, 2024 and the apparent low bidder was American Pavement Systems, Inc. in the amount of $649,250.00 and Staff is also recommending including a 5% Construction Contingency in the amount of $32,462.50, and a 5% Construction Engineering Contingency in the amount of $32,462.50 for a total project cost of $714,175.00 to be funded by SB1 Road Maintenance Fund 216; and,
WHEREAS, on June 19,2023, the City Council authorized SB1 funds to be used for this project per the Road Repair and Accountability Act of 2017 (SB1) (Chapter 5, Statutes of 2017); and,
WHEREAS, staff recommends that the City Council adopt a resolution authorizing the City Manager to execute an agreement with American Pavement Systems, Inc. in the amount of $649,250.00 for the 2024 Area 5 Slurry Seal Project and authorize a 5% contingency in the amount of $32,462.50 and authorize a Construction engineering contingency in the amount of $32,462.50 for a total project budget of $714,175.00 to be funded by SB1 Road Maintenance Fund 216; and,
NOW, THEREFORE, BE IT RESOLVED, that the City Council in the City of Oakdale does hereby adopt a resolution authorizing the City Manager to execute an agreement with American Pavement Systems, Inc. in the amount of $649,250.00 for the 2024 Area 5 Slurry Seal Project, authorizing a 10% contingency in the amount of $32,462.50 and authorizing a Construction engineering contingency in the amount of $32,462.50 for a total project budget of $714,175.00 to be funded by SB1 Road Maintenance Fund 216. 312
CITY OF OAKDALE
City Council Resolution 2023-XX
THE FOREGOING RESOLUTION IS HEREBY ADOPTED THIS 5TH DAY OF FEBRUARY, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
SIGNED:
Cherilyn Bairos, Mayor
ATTEST:
Rouzé Roberts, City Clerk
313