CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: FRED MAYO, PUBLIC WORKS DIRECTOR
JOSH FREITAS, ASSISTANT ENGINEER
RE: STREETS PROJECT OVERVIEW AND UPDATE
DATE: FEBRUARY 20, 2024
SUMMARY
The City Council will hear a presentation with a conceptual design framework and the planned public outreach process for improvements on Washington Avenue and Table Mountain Boulevard. The Council will also hear brief updates on other city road projects.
DISCUSSION
Josh Freitas, Assistant City Engineer, will outline proposed road improvements for Oroville’s Streets projects, including Washington Avenue and Table Mountain Boulevard.
Information regarding these potential projects will be presented in a series of public meetings to gather input for a planned grant application for design and construction of the two streets. If the grant is successful, construction should be complete by the end of 2028.
Staff will also present short updates on the status of other city roadway projects, including Ophir Road and Nelson Avenue and the Montgomery Street Roundabout.
FISCAL IMPACT
Washington and Table Mountain projects are estimated at $17,000,000. Staff are seeking grant funding to pay for $15,660,000 of this project. Impact fees would cover the majority of the local funds needed of $1,340,000.
RECOMMENDATION
Staff seeks Council’s approval to move forward with the public outreach and grant application processes.
.
ATTACHMENTS
Power Point presentation at the meeting.
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Item 8.
City of Oroville
Oroville Streets Projects
Update
02/20/2024
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Outline
•Goals
•Project Boundaries
•Current Issues
•Proposed Improvements
•Preliminary Timeline
•Preliminary Funding
•Public Outreach
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Goals
• Improve Safety
• Establish the First North to South Pedestrian/Bike Corridor • Promote Healthy Alternative Forms of Transportation
• Road Repaving
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Project Boundary
• Phase 1: Washington
Avenue Complete
Streets Project
• Oro Dam Boulevard to
Montgomery Street
Roundabout.
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Project Boundary Continued
• Phase 2: Table Mountain
Boulevard Complete
Streets Project
• Montgomery Street
Roundabout to County Center
Drive.
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Current Issues
• Washington Avenue:
• Narrow Sections
• Class 3 Bike Route
• Pavement
• Arterial Roadway
• Limited Pedestrian Facilities
• Utilities
• Table Mountain Boulevard:
• Undeveloped Sections
• Limited Pedestrian and Biking Facilities
• Pavement
• Large Recent Residential Developments
• Only Access Pedestrian/Bike Route to
Main Portion of City
• High Speeds
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Current Issues Continued
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Proposed Improvements
• Pavement Replacement
• 10ft Protected Shared Pedestrian/Bike Path
• Full Sidewalk Gap Closure/Sidewalk Replacement
• ADA Curb Ramp Compliance
• New Crosswalks with Rapid Flashing Beacons
• Bulb Outs
• Street Lighting
• Landscaped Medians
• Street Trees
• Bus Stops
• Drainage Improvements
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Proposed Improvements Continued
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Preliminary Timeline
Now – August 2024
Project Kickoff/Public
Outreach
April 2, 2024
Council to Approve
Project Scope for
Grant Applications
June 2024
ATP Grant
Applications Due
March 2024 –
December 2024
Environmental
Review Phase
March 2025 –
October 2026
Project Design Phase
June 2025 –
December 2026
Right of Way Phase
April 2027-December
2028
Construction
December 2028
Project Completion
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Preliminary Funding
Estimated
Total Project
Cost
$7,000,000
Active Transport
Program Grant
$4,460,000
Local Funds
$40,000
Congestion
Mitigation Air
Quality Grant
(BCAG)
$2,500,000
Estimated
Total
Project Cost
$10,000,000
Active Transport
Program Grant
$8,200,000
Locals Funds
(Impact Fees)
$1,300,000
Congestion
Mitigation Air
Quality Grant
(BCAG)
$500,000
Washington Avenue Complete Streets Table Mountain Boulevard Complete Streets 476
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Public Outreach
• Public Outreach Meetings Planned:
• February 27th at 5:00PM, Oroville City Council Chambers. • March 12th at 5:00 PM, Oroville City Council Chambers. • More to Come.
• Online Surveys
• Farmers Markets
• Other Stakeholders:
• Schools
• Churches
• Clubs
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Upcoming Projects
• SR 162 Pedestrian Mobility - Project kick off meeting February 16, 2024; construction to begin spring 2024; estimated completion summer 2025 • Nelson Avenue - Resurfacing project ready to proceed. Working with TWSD to firm up construction timing of water main relocation. Project completion is summer 2024
• Montgomery Street Roundabout construction planned for 2024/2025. • Ophir Road - Construction timeline is uncertain at this time – been working in an attempt for coordinated efforts with the County on a collaborative project.
• Slurry projects on hold – pending funding of projects outlined above. 478
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Questions
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CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: FRED MAYO – DIRECTOR OF PUBLIC WORKS
RE: CONTRACT WITH BLUE TENT FARMS LLC FOR GOAT GRAZING
VEGETATION MANAGEMENT
DATE: FEBRUARY 20, 2024
SUMMARY
The Council may award a three-year contract to Blue Tent Farms for goat grazing vegetation management services of 15 City owned locations for the amount of $111,716.50 annually for a total of $335,149.50 for three years.
DISCUSSION
On January 22, 2024, staff issued a Request for Proposal (RFP) for goat grazing vegetation management services which closed on February 9, 2024, at 2:00pm. One proposal was received, which was complete and subsequently selected. An additional area, known as Dry Creek, was included under an additive alternative, which had been previously managed under the last grazing contract. The selected bidder is Blue Tent Farms LLC, operating as Western Grazers, with an annual bid amount of $111,716.50.
FISCAL IMPACT
The funds will come from Account 3001 Streets - 7135 Weed Abatement and 3111 Parks - 7135 Weed Abatement, Fund 100 (General Fund Balance).
RECOMMENDATION
Staff recommends that the Council award the goat grazing contract Blue Tent Farms LLC for the Fuel Reduction and Goat Grazing Project and direct the City Administrator to sign agreements.
ATTACHMENTS
RFP;
Grazing locations map;
Bid Summary; and
Submitted Proposal documents.
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CITY OF OROVILLE
REQUEST FOR PROPOSALS
Goat Grazing Vegetation Management
Services
February 2024
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2 TABLE OF CONTENTS
Request for Proposal ...................................................................................................................3 Proposal Information for Contractors……………………………………………………………….….4 Evaluation Criteria……………………………………………………………………………………....8 General Conditions .....................................................................................................................10 Contract for Goat Grazing Services for Review…........................................................................13 Schedule of Fees……………….….…………...............................................................................29 Goat Grazing Schedule …………...…………….…….………………………………………………30 Grazing Maps……………………………………………………………………………………………………31
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3 REQUEST FOR PROPOSAL
The City of Oroville (“Oroville” or “City”) is accepting Proposals to provide Goat Grazing Vegetation Management Services in Oroville, California.
This Contract shall include the furnishing of all labor, materials and services as set forth in the Scope of w o r k section of this Request for Proposal (RFP). The contract term will be for three (3) years.
Obtaining Contract Documents: Proposal Documents may be obtained from:https://www.cityoforoville.org/business/invitation-to-bid/request-for-proposals (public purchase) Proposals are due to the City of Oroville on or before 2:00 p.m., local time, on February 9th, 2024, at City Hall, 1735 Montgomery St, Oroville, California, 95965. Proposals received after said time or at any other place other than the time and place stated herein will not be considered. Postmarks will not be accepted.
Proposals will be evaluated and awarded in accordance with the City of Oroville Purchasing Policy, copies of which are available upon request. The selected proposal will be recommended for contract award to the Oroville City Council at a meeting within sixty (60) days after the final date of proposal acceptance. The City of Oroville reserves the right to reject any and all proposals, or to waive any irregularities or informalities in any proposal.
The selected Contractor shall be required to adhere to California Labor Code section 1770, et seq., and shall pay its building trade contractors based on the prevailing wage rates, which are established and issued by the Department of Industrial Relations (“DIR”). It is the Contractor's and any subcontractor’s duty to employ registered apprentices for the work contemplated under this Contract to the extent required by Labor Code section 1777.5.
Pursuant to Labor Code section 1725.5. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No contractor or subcontractor may be 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 DIR, the City reserves the right to not enter into the contract if the Contractor and/or the subcontractor(s) are not properly registered.
The successful Contractor must ensure that employees and applicants for employment are not discriminated against on the basis of age, color, race, national origin, ancestry, religion, sex, sexual preference, marital status, and shall comply with the Americans with Disabilities Act.
Submittals shall be in accordance with the requirements set forth in the RFP documents. Submission of a proposal shall constitute a firm offer to the City of Oroville. Any questions concerning this RFP should be addressed to Frederick Mayo at (530) 538-2405, email: [email protected] or sent to City of Oroville Public Works Department, Attention: F r e d e r i c k M a y o at 1735 Montgomery St, Oroville, CA 95965.
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4 PROPOSAL INFORMATION FOR CONTRACTORS
TENTATIVE SCHEDULE OF ACTIVITIES
The tentative schedule of key milestones related to the City of Oroville Goat Grazing Vegetation Management Services is as follows:
Issuance of Request for Proposal January 22, 2024
Written Questions Submission Deadline January 29, 2024
City Response to Written Questions February 2, 2024
Receipt of Proposals to City (by 2 p.m.) February 9, 2024 Staff Recommendation to City Council February 20,2024
Contract Award February 27,2024
1. SCOPE AND LOCATION OF WORK
Refer to attached schedule for grazing locations. Agreed upon properties may be grazed twice during the year. Herdsman to be present at site 24 hours a day, 7 days a week. Camp trailer and various other equipment are permitted. In addition, the herdsman will have working & livestock guard dogs on site.
Goats and livestock guard dogs will be enclosed behind an electric netting that will be signed alerting the public that the fencing is electric. Contractor responsible for trimming areas manually or mechanically along fence line and edges of adjacent hardscape.
The contractor is responsible for complying with CFDW routine maintenance requirements. Contractor is responsible for fencing off environmentally sensitive plants, birds or animal or habitat.
The sites vary in size and terrain (see attached site maps). Obtaining water to fill tanks and such will be made available by the City of Oroville.
The health and safety of the animals and herdsman are at the discretion of the owner and herdsman on job site locations. Any and all veterinarian services will be at the discretion of the livestock owner. Should a veterinarian be needed, the grazer will call their veterinarian and will remove the animal from the owner’s property for prompt treatment.
The City of Oroville will be named as additional insured on a general liability insurance policy. A Waiver of Subrogation will be required.
2. EXAMINATION OF CONTRACT DOCUMENTS
Each Contractor shall thoroughly examine and be familiar with legal and procedural documents, general conditions, specifications, and addenda (if any). Submission of a Proposal shall constitute acknowledgment, upon which Oroville may rely, that the Contractor has thoroughly examined and is familiar with the Contract Documents. Failure or neglect of a Contractor to receive or examine any of the Contract Documents shall in no way relieve them of any obligation with respect to their Proposal or to the Contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any Contract Documents.
3. INTERPRETATION OF CONTRACT DOCUMENTS
No oral representation or interpretations will be made to any Contractor as to the meaning of the Contract Documents. Requests for interpretation shall be made in writing and delivered to the Public Works Department by January 29, 2024. Interpretations, where necessary, will be made by the City in the form of an addendum to the Contract Documents and, when issued, will be sent to all contractors by January 29, 2024. All such addenda shall become part of the Contract. Requests for information shall be directed to:
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5 Frederick Mayo Public Works Director
City of Oroville, Public Works Department
1735 Montgomery St
Oroville, CA 95965
Phone: (530) 538-2405
Email: [email protected]
It shall also be the Contractor’s responsibility to call to the attention of the City any missing pages in the Contract Documents, including the addenda. These items shall be brought to the attention of Frederick Mayo at 1735 Montgomery St, Oroville, CA 95965, phone (530) 538-2405 or email to [email protected] in writing by January 29, 2024.
4. PROPOSALS
Contractors must prepare and submit all required documents. Unauthorized conditions, omissions, limitations or Provisos attached to a Proposal may render the Proposal non-responsive and may cause its rejection.
Each Proposal shall be labeled and delivered to Frederick Mayo Director, City of Oroville Public Works Department, 1735 Montgomery St, Oroville, California, 95965 by February 9th, 2024 at 2:00 p.m.
Submit the criteria-based information in a sealed envelope. The cost proposal must be placed in a separate sealed envelope. Contractors are warned against making erasures or alterations of any kind, without initialing each and every such change. Proposals that contain erasures or irregularities of any kind, without such initialing, or omissions, may be rejected. No oral, telegraphic, or telephone (including facsimile) Proposals or modifications will be considered. Proposal forms received after the deadline date will not be accepted. Postmarks will not be accepted. No Contractor may withdraw its Proposal for a period of sixty (60) days after the date set for the opening of Proposals.
The City of Oroville reserves the right to reject any or all Proposals; to make any awards or any rejections in what it alone considers to be in the best interest of Oroville and waive any informalities or irregularities in the Proposals.
Proposal Requirements: Proposals must include, at a minimum, the following information:
A. Proposals shall include a cover letter and all information that is identified in the evaluation criteria on page 8.
B. Schedule of Fees: P r o p o s a l price as specified in the Schedule of Fees, shall include everything necessary for the completion of and fulfillment of the M a i n t e n a n c e S e r v i c e s , including but not limited to, furnishing all transportation, materials, equipment, and all management, superintendence, labor and services, except as may be provided otherwise in the Contract Documents. The basis of payment shall be m a d e w i t h i n 3 0 - d a y s o f r e c e i v i n g i n v o i c e . The City reserves the right to negotiate cost proposals for work.
B. Additional Work: City has the authority to direct additional work as needed. Additional work outside the Scope of Services will require written approval from City prior to the commencement of work. Costs for additional work completed by the Contractor prior to receiving written approval from the City shall be the responsibility of the Contractor.
C. Taxes: Proposal prices shall include all applicable federal, state, and local taxes.
5. AWARD OF CONTRACT
The award of contract, if any, will be made within approximately sixty (60) days after the Proposal opening to the Contractor as outlined in the Selection Process. Each Proposal, as submitted, shall 485
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6 remain in effect for sixty (60) calendar days after the date the Proposals are opened. No Contractor may withdraw its Proposal during this time period. Proposals will be evaluated and awarded in accordance with the City of Oroville Purchasing Policy, copies of which are available upon request. The City of Oroville reserves the right to reject any and all Proposals or to waive any irregularities or informalities in any Proposal or in the RFP procedures.
Proposals will be evaluated based upon criteria used to evaluate qualifications as well as bid price.
Contractor shall be bound to the prices on the Schedule of Fees for the duration of the contract term except as indicated within the contract to include options if awarded by City. Contract term will be for three years.
6. COMPLIANCE WITH APPLICABLE LAWS
Prior to award of a contract resulting from this solicitation, the Contractor shall furnish, upon City of Oroville’s request, verification of payment to its employees California’s prevailing wages as required by law. In addition, upon Oroville’s request, Contractor shall affirm in writing that its employees have met all requirements for working in the United States as set forth in Section 1324a(b) of Title 8 of the United States Code, including supplying all necessary documentation for completion of the I-9 Employment Verification form.
Pursuant to Labor Code section 1725.5. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No contractor or subcontractor may be 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 DIR the City reserves the right to not enter into the lease agreements if the Contractor and/or the subcontractor(s) are not properly registered.
7. CITY OF OROVILLE BUSINESS LICENSE
Contractor shall apply for a City of Oroville Business License and submit it upon notice of award.
8. CITY RIGHTS
The City may investigate the qualifications of any individual or firm under consideration, require confirmation of information furnished and require additional evidence of qualifications to perform the services described in this RFP. The City also reserves certain rights, including, but not limited to, the following:
Reject any or all of the proposals.
Issue subsequent RFPs.
Cancel the entire RFP.
Remedy technical errors in the RFP process.
Appoint evaluation committees to review qualifications or proposals.
Seek the assistance of outside technical experts in qualification or proposal evaluation.
Approve or disapprove the use of particular subcontractors.
Establish a short list of firms eligible for discussions after review of the RFP.
Negotiate with any, all, or none of the firms.
Solicit best and final offers from all or some of the firms.
Award a contract to one or more firms.
Waive informalities and irregularities in the RFP.
Award without discussion.
Determine not to enter into the lease agreements, if an agreement on the Guaranteed Maximum Price is not reached or the City is unable to secure Project financing to the District’s satisfaction.
Add additional related work to the Project.
Delete items from the Project.
Determine that DVBE requirements do/do not apply.
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7 9. CONTRACT AND INSPECTION PROBLEM RESOLUTION PROCESS The City of Oroville will regularly inspect the Contractor(s)’ work. For any site that fails to meet City standards as a result of some action that is Contractor’s responsibility, the Contractor is to notify the City immediately and develop a plan to bring the site back to compliance. Should the City notice the Contractor of a site(s) that does not meet City standards, and the City has not been notified by the Contractor, the Contractor will be put on notice in writing to bring the site back into compliance. The following penalty will result:
1. The payment for the specific site(s) will be withheld by the City until the site has met standards.
The parties will observe the following problem resolution process:
• Written notice of problem
• Field conference with inspector/Contractor’s field representative to identify problem and agree on solution as presented by Contractor
• Conference between City’s representative and Contractor’s principal • Imposition of penalties and/or correcting defect at Contractor’s cost • Termination of Contract
10. INSPECTION OF SITE OF WORK
Contractors are required to inspect the site of the work in order to satisfy themselves, by personal examination or by such other means as they may prefer, of the location of the proposed work and the actual conditions of and at the site. Contractors may apply to the City for additional information and explanation before submitting proposals. However, no supplemental information requested or furnished shall vary the terms of the Contract Documents or affect the Contractor’s sole responsibility to satisfy himself as to the conditions of the work to be performed. No claim for additional compensation will be allowed which is based upon a lack of knowledge of the actual conditions or location of the work.
Submission of a proposal by a Contractor shall constitute acknowledgment that the Contractor has relied, and is relying, on its own examination of (a) the site of the work; (b) access to the site; (c) all other data, matters, and things requisite to the fulfillment of the work and, on their own knowledge of existing facilities on and in the vicinity of the site of the work and not on any representation or warranty of the lack of knowledge of the above items.
11. PROPOSALS ARE PUBLIC RECORDS
Each Contractor is hereby informed that upon submittal of its proposal to the City in accordance with this RFP, the proposal is the property of the City.
A. The City shall consider each proposal subject to the public disclosure requirements of the California Records Act (California Government Code sections 6250, etc. seq.), unless there is a legal exception to public disclosure.
B. If a Contractor believes that any portion of its proposal is subject to a legal exception to public disclosure, the Contractor shall: (1) clearly mark the relevant portions of its proposal as “Confidential” and (2) upon request from the City, identify the legal basis for exception from disclosure under the Public Records Act and (3) the Contractor shall defend, indemnify and hold harmless the City regarding any claim by any third party for the public disclosure of the “Confidential” portion of the proposal.
12. COMPLETING AND SIGNING FORMS
The Contractor’s attention is directed to the forms included in the Contract Documents, which must be completed and signed. FAILURE TO PROPERLY COMPLETE AND SIGN ANY FORMS MAY BE CAUSE FOR REJECTION OF A PROPOSAL.
13. SUBMITTAL REQUIREMENTS
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8 The Contractor shall submit one (1) copy of the Schedule of Fees to the City of Oroville, Goat Grazing Vegetation Management Services in a separately sealed envelope and one (1) copy of the items that meet the Evaluation Criteria listed in the table below in a separate envelope and send to:
City of Oroville
Attention: F r e d e r i c k M a y o Public Works Director 1735 Montgomery St
Oroville, CA 95965
City staff will accept proposals for City of Oroville Goat Grazing Vegetation Management Services until 2:00 p.m. on February 9th, 2024. Postmarks will not be accepted, and late Proposals will not be considered.
Goat Grazing Vegetation Management Services
Proposal Evaluation
Responding Firm's Name:
Evaluator: Date:
EVALUATION CRITERIA MAXIMUM
POINTS SCORE
Firm’s Background
• Provide cover letter and supporting information to your company’s ethical and professional standing. Provide references. 40 Proof of Experience
• Experience with public sector grazing. 35
Professional, Technical and Financial Resources
• Ability to work efficiently, effectively and responsibly in the required time. 25 TOTAL 100
Evaluator Signature: Date
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9 GENERAL CONDITIONS
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10 GENERAL CONDITIONS
1. RENDITION OF SERVICES
The Contractor hereby agrees to undertake, carry out and complete all work established herein in a professional and timely manner satisfactory to City of Oroville standards.
2. CONTRACTOR’S STATUS
Neither the Contractor nor any party contracting with the Contractor shall be deemed to be an agent or employee of Oroville. The Contractor is and shall be an independent Contractor, and the legal relationship of any person performing work for the Contractor shall be one solely between said parties.
3. RELEASE OF INFORMATION
The Contractor shall not release any reports, information, or promotional materials prepared in connection with the Agreement without obtaining the prior permission of Oroville by providing a copy to Oroville for review, comments and approval.
4. NOTICE TO PROCEED
As soon as practical after execution of the Contract, and after receipt of acceptable insurance certificates by City of Oroville, a written Notice to Proceed will be mailed to the Contractor. The effective date of the Notice to Proceed will be agreed upon by the Contractor and the City of Oroville.
5. ACCEPTANCE
A. Acceptance by City of Oroville of any services furnished under the Contract shall occur only subsequent to the final review of authorized employees of Oroville.
B. City of Oroville shall reject and refuse to pay for, any and all non-conforming services.
C. Nothing in this section shall limit or restrict the warranty and remedy obligations of the Contractor specified in this Contract.
6. LEGAL RELATIONS AND RESPONSIBILITIES
A. The Contractor shall keep fully informed concerning all requirements of law, including, but not limited to all federal, state, and local laws and regulations which in any manner affect the performance of work under this Contract. The Contractor shall at all times observe, and shall cause all employees and sub-contractors to observe, all such requirements of law and shall protect, indemnify, defend, and hold harmless C i t y o f O r o v i l l e , its Directors, officers, agents and employees against all claims and liabilities arising from or based on the violation of any such requirement of law whether by the Contractor or their employees or sub-contractors. If any discrepancy or inconsistency is discovered in the Contract of the work in relation to any such requirements or laws, the Contractor shall immediately report the same to Oroville.
B. If any part of these Contract Documents is declared invalid by a court of law, such decision will not affect the validity of the remaining portion, which shall remain in full force and effect.
7. COMPLIANCE WITH LAWS AND REGULATIONS
All services furnished pursuant to this Agreement shall be in compliance with all federal and state laws and applicable local regulations and ordinances. Contractor shall, if requested by City of Oroville, provide certification and evidence of such compliance. 490
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11 8. CONTRACT CHANGE ORDER / AMENDMENT
A. City of Oroville may at any time make alterations, deviations, additions to or deletions from the Contract Documents, and may increase or decrease the quantity of any item or portion of the work, or delete any item or portion of the work, and may require extra work, as determined by Oroville to be necessary or advisable. All such work shall be performed under applicable provisions of the Contract Documents, unless specifically provided otherwise at the time the change is ordered.
B. Any such changes will be set forth in a written Contract Change Order issued by City of Oroville. The Contract Change Order/Amendment will specify: (1) the work to be done in connection with the change to be made; (2) the amount of the adjustment of the Contract price, if any, and the basis for compensation for the work ordered; and (3) the extent of the adjustment in the Contract time, if any. A Contract Change Order or Amendment shall not become effective until the City Manager has signed it.
C. No changes or deviations from the Contract Documents shall be made without an approved Contract change order, except in the case of emergency. In such case and upon receipt of a written directive signed by the City Manager, the Contractor shall proceed with the ordered work and City of Oroville will prepare a written contract change order for approval and issuance to the Contractor as soon thereafter as practicable.
D. In the event, the Contractor encounters any unanticipated conditions or contingencies that may affect the Scope of Services and would result in an adjustment in the amount of cost of the Contract, the Contractor shall so advise Oroville in writing immediately upon notice of such condition or contingency. The written notice shall explain the circumstances giving rise to the unforeseen condition or contingency and shall set forth the proposed adjustment in compensation resulting thereof.
E. Disagreement by the Contractor with O r o v i l l e ’s determination of the need for, or amount of, an adjustment in Contract price or Contract time associated with an approved contract change order or amendment (or disagreement by the Contractor with Oroville’s determination that a change has not occurred and no contract change order or amendment is needed) shall not, under any circumstances relieve the Contractor from its obligation to promptly begin and diligently prosecute the work, including the change, as described in the approved contract change order or amendment.
9. HAZARDOUS CHEMICALS AND WASTES
The Contractor shall bear full and exclusive responsibility for any release of hazardous or nonhazardous chemicals or substances during the course of performance of this Contract. The Contractor shall immediately report any such release to Oroville. The Contractor shall be solely responsible for all claims and expenses associated with the response to, removal and remediation of the release, including, without limit, payment of any fines or penalties levied against City of Oroville by any agency as a result of such release and shall hold harmless, indemnify and defend Oroville from any claims arising from such release. For purposes of this section only, the term “claims” shall include (i) all notices, orders, directives, administrative or judicial proceedings, fines, penalties, fees or charges imposed by any governmental agency with jurisdiction, and (ii) any claim, cause of action, or administrative or judicial proceeding brought against Oroville, its directors, or employees, or for any loss, cost (including reasonable attorney’s fees), damage or liability, sustained or suffered by any person or entity, including Oroville.
If the performance of the work outlined by these Contract Documents creates any hazardous wastes, those wastes shall be properly disposed of according to federal, state and local laws, at the expense of the Contractor. The Contractor shall dispose of the wastes under its own 491
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12 Environmental Protection Agency Generator Number. The contractor shall provide the City with copies of the disposal forms. In no event shall the City of Oroville be identified as the generator.
The Contractor shall notify Oroville of any such hazardous wastes and Oroville reserves the right to a copy of the results of any tests conducted on the wastes and, at its cost, to perform additional tests or examine those wastes, prior to its disposition. The Contractor shall hold harmless, indemnify and defend Oroville from any claims arising from the disposal of the hazardous wastes, regardless of the absence of negligence or other malfeasance by Contractor.
10. SAFETY
Safety provisions shall conform to Cal-OSHA Safety Orders, and all other applicable federal, state, county, and local laws, ordinances, codes, and regulations in performing the work under this Contract. Where any of these are in conflict, the more stringent requirement shall be followed. The Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions shall not relieve it from compliance with the obligations and penalties set forth therein.
The Contractor shall develop and maintain for the duration of this contract, a safety program that will effectively incorporate and implement all required safety provisions. The Contractor shall appoint an employee who is qualified and authorized to supervise and enforce compliance with the safety program.
11. RESPONSE TIME
Contract supervision shall be immediately available at all times Contractor employees are working on sites and must be available twenty-four (24) hours a day via fax or telephone and must respond to an emergency situation/major discrepancy in the Contract within two hours of initial contact.
12. QUALIFIED CONTRACTOR SUPERVISION
All of Contractor’s supervisors must be qualified, proficient in English, trained and capable of providing adequate supervision and direction of all Contractors’ employees and must demonstrate verbal and written communication skills sufficient for the work required herein.
13. CONTRACTOR’S EMPLOYEES
Only Contractor’s employees are allowed on premises. At all times, personnel shall wear uniforms. The City shall have the right to have Contractor remove from assignment to City facilities such employees of Contractor as shall be deemed incompetent, careless, insubordinate, or in any way objectionable, or any personnel whose actions may be contrary to the public interest or inconsistent with the best interest of the City. Contractor’s employees shall not use tobacco products, drugs, alcohol or other items of this nature anywhere on premises or within 1,000 feet of City property.
14. COMMENCEMENT OF WORK, PROGRESS, AND TIME FOR COMPLETION The Contractor shall commence work upon execution of the Contract and shall diligently prosecute the same to completion within the time set forth in these Contract Documents. Failure to diligently prosecute the work for more than five (5) working days shall constitute a breach of contract.
Hours of Work. The Contractor shall perform all regular work during the working hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, except as otherwise agreed to in writing. 492
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14 CONTRACT FOR SERVICES
THIS CONTRACT is made on __________________, 20__, by and between the CITY OF Oroville (“City”), and _______________________ (“Contractor”).
WITNESSETH:
WHEREAS, the City desires goat grazing vegetation management services for a contract term of three (3) years, and include the furnishing of all labor, materials and services as set forth in the Scope of w o r k (Exhibit “A”)_______________________________ ____________________________________________________________________________; WHEREAS, the Contractor has presented a proposal for such services to the City, dated___________, 20__, (attached hereto as Exhibit “A”) and is duly licensed, qualified and experienced to perform those services;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF SERVICES:
Consultant shall do all work, attend all meetings, produce all reports and carry out all activities necessary to completion of the services described in the Scope of Work, attached hereto and incorporated herein by this reference as Exhibit “__”. This Contract and its exhibits shall be known as the “Contract Documents.” Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. In the event of conflict between terms contained in these Contract Documents, the more specific term shall control. If any portion of the Contract Documents shall be in conflict with any other portion, provisions contained in the Contract shall govern over conflicting provisions contained in the exhibits to the Contract.
Consultant enters into this Contract as an independent contractor and not as an employee of the City. The Consultant shall have no power or authority by this Contract to bind the City in any respect. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Consultant are employees, agents, contractors or subcontractors of the Consultant and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Consultant by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this Contract.
The Consultant agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.
2. TERM OF CONTRACT
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15 A. The services of Contractor are to commence upon execution of this Contract by the City and shall be undertaken and completed in accordance with the Schedule of Performance attached hereto and incorporated herein by this reference as Exhibit “__.” B. Consultant’s failure to complete work in accordance with the Schedule of Performance may result in delayed compensation as described in Section 3.
C. The City Administrator or his or her designee may, by written instrument signed by the Parties, extend the duration of this Contract for [a period of _______] OR [a period equal to the original term of this Contract] in the manner provided in Section 5, provided that the extension does not require the payment of compensation in excess of the maximum compensation set forth in Section 3, Compensation.
3. COMPENSATION:
A. The Consultant shall be paid [monthly] [at the completion of services] for the actual fees, costs and expenses [for all time and materials required and expended, but in no event shall total compensation exceed _____________________________ ($____________), without City’s prior written approval]. Consultant's fees shall be as specified in the Schedule of Fees, which is attached hereto an incorporated herein as Exhibit "__".
B. Said amount shall be paid upon submittal of a [final] [monthly] [other] billing [showing completion of the tasks that month]. Consultant shall furnish City with invoices for all expenses as well as for all materials authorized by this Contract. The invoices shall be submitted with the [final] [monthly] [other] billings. If Consultant’s performance is not in conformity with the Schedule of Performance, payments may be delayed or denied, unless the Consultant’s failure to perform in conformity with the Schedule of Performance is a documented result of the City’s failure to conform with the Schedule of Performance, or if the Schedule of Performance is extended pursuant to Section 5.
C. If the work is halted at the request of the City, compensation shall be based upon the proportion that the work performed bears to the total work required by this Contract, subject to Section 4.
4. TERMINATION:
A. This Contract may be terminated by either party, provided that the other party is given not less than [_____] calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate.
B. The City may temporarily suspend this Contract, at no additional cost to City, provided that the Consultant is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Contract.
C. Notwithstanding any provisions of this Contract, Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Consultant, and the City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due the City from Consultant is determined. 494
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16 D. In the event of termination, the Consultant shall be compensated as provided for in this Contract, except as provided in Section 4C. Upon termination, the City shall be entitled to all work, including but not limited to, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date in accordance with Section 7 hereof.
5. AMENDMENTS, CHANGES OR MODIFICATIONS:
Amendments, changes or modifications in the terms of this Contract may be made at any time by mutual written agreement between the parties hereto and shall be signed by the persons authorized to bind the parties hereto.
6. EXTENSIONS OF TIME:
Consultant may, for good cause, request extensions of time to perform the services required hereunder. Such extensions shall be authorized in advance by the City in writing and shall be incorporated in written amendments to this Contract or the attached Work Program in the manner provided in Section 5.
7. PROPERTY OF CITY:
A. It is mutually agreed that all materials prepared by the Consultant under this Contract shall become the property of the City, and the Consultant shall have no property right therein whatsoever. Immediately upon termination, the City shall be entitled to, and the Consultant shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials as may have been prepared or accumulated to date by the Consultant in performing this Contract which is not Consultant’s privileged information, as defined by law, or Consultant’s personnel information, along with all other property belonging exclusively to the City which is in the Consultant’s possession.
B. Additionally, it is agreed that the parties intend this to be a contract for services and each considers the products and results of the services to be rendered by Consultant hereunder (the “Work”) to be a work made for hire. Consultant acknowledges and agrees that the Work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of the City.
8. COMPLIANCE WITH ALL LAWS:
A. Consultant shall comply with all applicable laws, ordinances, and codes of federal, State and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract. It shall be City’s responsibility to obtain all rights of way and easements to enable Consultant to perform its services hereunder.
Consultant shall assist City in providing the same.
B. Consultant warrants to the City that it is licensed by all applicable governmental bodies to perform this Contract and will remain so licensed throughout the progress of the Work, and that it has, and will have, throughout the progress of the Work, the necessary experience, skill and financial resources to enable it to perform this Contract.
FOR WORK SUBJECT TO PREVAILING WAGES [C. The work contemplated under this Contract is a public work for the purposes of Labor Code section 1720 and is subject to the 495
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17 payment of prevailing wages. Accordingly, Consultant shall comply with the provisions of Exhibit "___".]
9. WARRANTIES AND RESPONSIBILITIES - CONSULTANT:
A. Consultant agrees and represents that it is qualified to properly provide the services set forth in Exhibit “__” in a manner which is consistent with the generally accepted standards of Consultant’s profession.
B. Consultant agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law in accordance with Section 17A hereof.
C. Consultant shall designate a project manager who at all times shall represent the Consultant before the City on all matters relating to this Contract. The project manager shall continue in such capacity unless and until he or she is removed at the request of the City, is no longer employed by Consultant, or is replaced with the written approval of the City, which approval shall not be unreasonably withheld.
D. Consultant shall provide corrective services without charge to the City for services which fail to meet the above professional and legal standards, and which are reported to Consultant in writing within sixty (60) days of discovery. Should Consultant fail or refuse to perform promptly its obligations, the City may render or undertake performance thereof and the Consultant shall be liable for any expenses thereby incurred.
10. SUBCONTRACTING:
None of the services covered by this Contract shall be subcontracted without the prior written consent of the City, which will not be unreasonably withheld. Consultant shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Consultant.
11. ASSIGNABILITY:
Consultant shall not assign or transfer any interest in this Contract whether by assignment or novation, without the prior written consent of the City which will not be unreasonably withheld.
However, claims for money due or to become due Consultant from the City under this Contract may be assigned to a financial institution, or to a trustee in bankruptcy, without such approval.
Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.
12. INTEREST IN CONTRACT:
Consultant covenants that neither it, nor any of its employees, agents, contractors, subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. Consultant shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Administrator determines in writing that Consultant’s duties are more limited in scope than is 496
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18 warranted by the category designated by the City code and that a narrower disclosure category should apply. Consultant also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Consultant in writing that Consultant’s duties under this Contract warrant greater disclosure by Consultant than was originally contemplated. Consultant shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.
13. MATERIALS CONFIDENTIAL:
All of the materials prepared or assembled by Consultant pursuant to performance of this Contract are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order.
14. LIABILITY OF CONSULTANT-NEGLIGENCE:
Consultant shall be responsible for performing the work under this Contract in a manner which is consistent with the generally accepted standards of the Consultant’s profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Consultant or its employees, agents, contractors or subcontractors.
15. INDEMNITY AND LITIGATION COSTS:
Consultant shall indemnify, defend, and hold harmless the City, its officers, officials, agents, and employees against all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorneys’ fees, arising from Consultant's negligent acts or negligent failure to act, errors, omissions or willful misconduct incident to the performance of this Contract except such loss or damage caused by the active negligence, sole negligence, or willful misconduct of the City. The provisions of this paragraph shall survive termination or suspension of this Contract.
16. CONSULTANT TO PROVIDE INSURANCE:
A. Consultant shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this Contract, the policies of insurance specified in this Section. Such insurance must have the approval of the City as to limit, form, and amount, and shall be placed with insurers with a current A.M. Best’s rating of no less than A VII (an NR rating is acceptable for Worker’s Compensation insurance written with the State Compensation Insurance Fund of California).
B. Prior to execution of this Contract and prior to commencement of any work, the Consultant shall furnish the City with certificates of insurance and copies of endorsements providing evidence of coverage for all policies required by the Contract. The Consultant and its contractors and subcontractors shall, at their expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance by Consultant and its contractors and subcontractors of the following coverage and limits of insurance is a material element of this Contract. The failure of Consultant or of any of its contractors or subcontractors to maintain or renew coverage or to provide evidence 497
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19 of renewal may be treated by the City as a material breach of this Contract. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant.
1. Worker’s Compensation and Employer’s Liability Insurance a. Worker’s Compensation - Insurance to protect the Consultant, its contractors and subcontractors from all claims under Worker’s Compensation and Employer’s Liability Acts, including Longshoremen’s and Harbor Worker’s Act (“Acts”), if applicable. Such coverage shall be maintained, in type and amount, in strict compliance with all applicable state and Federal statutes and regulations. The Consultant shall execute a certificate in compliance with Labor Code Section 1861, on the form provided in the Contract Documents.
b. Consultant shall provide a Waiver of Subrogation endorsement in favor of the City, its officers, officials, employees, agents and volunteers for losses arising from work performed by the Consultant.
2. Commercial General Liability Insurance
a. The insurance shall be provided on form CG0001, or its equivalent, and shall include coverage for claims for bodily injury or property damage arising out of premises/operations, products/completed operations, contractual liability, and subconsultant’s work and personal and advertising injury resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than [$1,000,000.00] per occurrence and [$2,000,000] general and products/completed operations aggregates.
b. The commercial general liability insurance shall also include the following:
i. Endorsement equivalent to CG 2010 0714 naming the City, its officers, officials, employees, agents, and volunteers as additional insureds. The endorsement shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
ii. Endorsement stating insurance provided to the City shall be primary as respects the City, its officers, officials, employees and any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it, to the payment or satisfaction of any defense expenses, loss, or judgment.
iii. Provision or endorsement stating that the Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 498
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20 3. Commercial Automobile Insurance
a. The insurance shall include, but shall not be limited to, coverage for claims for bodily injury or property damage for owned, non-owned, and hired automobiles resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than [$1,000,000.00] per accident.
b. The commercial automobile insurance shall include the same endorsements required for the commercial general liability policy (see Section 16.B.2.b).
4. Professional Liability. The Consultant and its contractors and subcontractors shall secure and maintain in full force, during the term of this Contract and for five years thereafter, professional liability insurance policies appropriate to the respective professions and the work to be performed as specified in this Contract. The limits of such professional liability insurance coverage shall not be less than [$1,000,000] per claim.
C. In addition to any other remedy the City may have, if Consultant fails to maintain the insurance coverage as required in this Section, the City may obtain such insurance coverage as is not being maintained, in form and amount substantially the same as is required herein, and the City may deduct the cost of such insurance from any amounts due or which may become due Consultant under this Contract.
D. No policy required by this Contract shall be suspended, cancelled, terminated by either party, or reduced in coverage or in limits unless Consultant has provided thirty (30) days prior written notice by certified mail, return receipt requested, to the City.
E. Any deductibles or self-insured retentions in excess of $10,000 must be declared to, and approved by, the City.
F. The requirement as to types, limits, and the City’s approval of insurance coverage to be maintained by Consultant are not intended to, and shall not in any manner, limit or qualify the liabilities and obligations assumed by Consultant under the Contract.
17. MISCELLANEOUS PROVISIONS:
A. Consultant shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work.
B. Consultant shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship, or sexual orientation. 499
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21 C. Consultant shall maintain and make available for inspection by the City and its auditors accurate records of all of its costs, disbursements and receipts with respect to any work under this Contract. Such inspections may be made during regular office hours at any time until six (6) months after the final payments under this Contract are made to the Consultant.
D. This Contract constitutes the entire agreement between the parties relative to the services specified herein and no modification hereof shall be effective unless and until such modification is evidenced by a writing signed by both parties to this Contract. There are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing.
E. All notices that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses:
City:
Consultant:
F. This Contract shall be interpreted and governed by the laws of the State of California.
G. Any action arising out of this Contract shall be brought and maintained in Butte County California, regardless of where else venue may lie.
H. In any action brought by either party to enforce the terms of this Contract, each party shall be bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.
[Signatures on following page]
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22 CITY OF OROVILLE
By: __________________________
David Pitman, Mayor
City of Oroville
ATTEST:
By: _______________________
Kayla Reaster, City Clerk
APPROVED AS TO FORM:
By: _______________________
Scott Huber, City Attorney
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22 EXHIBIT A
Consultant Proposal/Schedule of Fees
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23 EXHIBIT B
Schedule of Performance
Contract Start Date: 04-14-2024 Contract End Date: 4-14-2027 503
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24 EXHIBIT __
CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
[Labor Code § 1861]
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
CONSULTANTS
By:
[Title]
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25 EXHIBIT __
LABOR COMPLIANCE
1. PREVAILING WAGE
A. The Work contemplated herein constitutes a public work within the meaning of Labor Code sections 1720 and 1771. It shall be mandatory upon the Consultant and upon any Subcontractor, to pay not less than the said specified prevailing rates of wages to all workers employed by them under the Contract in accordance with Labor Code section 1774. The Director of the Department of Industrial Relations ("DIR") of the State of California has determined the general prevailing rate of wages of per diem wages in the locality in which the work is to be performed for each craft or type of worker needed to execute the Contract. The Consultant acknowledges that it has examined the prevailing rate of per diem wages as established by the DIR. Copies of the current schedules for prevailing wages are on file at City Hall, and the contents of those schedules are incorporated herein as if set forth in full. The Consultant shall post a copy of the applicable prevailing wage determinations at each job site, along with any other workplace posters required by law.
B. The City will not recognize any claims for additional compensation because of the payment of prevailing wages. The possibility of wage increases is one of the elements to be considered by the Consultant in determining its proposal and will not under any circumstances be considered as the basis of a claim against the City.
C. By executing this Contract Consultant warrants that it has registered with the Department of Industrial Relations in accordance with Labor Code section 1725.5.
2. PREVAILING WAGE RECORDS
A. The Consultant and each subcontractor shall keep an accurate payroll record which shows the name, address, social security number, correct work classification (in accordance with the wage decision), both straight and overtime worked each day and week, and hourly rate of pay, gross wages earned, deductions made and net wages paid to each journeyman, apprentice, worker or other employee paid by the Consultant /subcontractor in connection with the Work. These payroll records shall be certified and shall be made available at Consultant's principal office. These records shall be maintained during the course of the Work.
The Consultant and all subcontractors shall make the certified payroll records available for inspection by City representatives upon request and shall permit such representatives to interview employees during the work hours on the job site.
B. The City shall notify the Consultant in writing of any discrepancies or violations that are discovered during such inspections. Written notification pursuant to this Section shall include the actions that will be necessary to resolve the discrepancies and/or violations. The Consultant shall be held entirely responsible for the prompt resolution of all non-compliances with the prevailing wage laws, including those pertaining to all subcontractors and any lower-tier subcontractors. The Consultant shall forfeit as penalty to the City the amount specified by law for each calendar day or portion thereof for each worker (whether employed by the Consultant or any subcontractor) paid less than the stipulated prevailing rates for any work done under the Contract in violation of the provisions of the Labor Code and in particular, Section 1775. 505
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26 C. To the extent applicable, Consultant and subcontractors shall maintain and furnish to the Department of Industrial Relations ("DIR"), a certified copy of each weekly payroll (but no less often than monthly), with a statement of compliance signed under penalty of perjury. Such certified payroll reports shall be transmitted electronically to the DIR.
D. The City will not recognize any claims for additional compensation because of the payment of the prevailing wages. The possibility of wage increases is one of the elements to be considered by the Consultant in entering into the Contract, and will not under any circumstances, other than delays caused by the City, or the City’s agents, be considered as the basis of a claim against the City.
3. Labor Discrimination
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
“No discrimination shall be made in the employment of persons upon public works because of their race, color, national origin or ancestry, physical handicap, mental condition, marital status, or sex of such person, except as provided in Section 12940 of the Government Code, and every General Contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter.”
4 Eight-Hour Day Limitation
(a) In accordance with the provisions of the Labor Code, and in particular, Sections 1810 to 1815 thereof, inclusive, incorporated herein by reference, eight hours labor shall constitute a day's work, and no worker in the employ of Consultant, or any Subcontractor, doing or contracting to do any part of the work contemplated by the Contract, shall be required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of those provisions; provided that subject to Labor Code Section 1815, a worker may perform work in excess of either eight (8) hours per day or forty (40) hours during any one week upon compensation for all hours worked in excess of eight (8) hours per day or forty (40) hours during any one week at not less than one and one-half times the basic rate of pay.
(b) The Consultant and each Subcontractor shall also keep an accurate record showing the names and actual hours worked of all workers employed by them in connection with the Contract. This record shall be open at all reasonable hours to the inspection of the City. It is hereby further agreed that, except as provided in (a) above, the Consultant shall forfeit as a penalty to the City the sum of twenty-five dollars ($25) for each worker employed in the performance of the Contract by the Consultant or by any of its Subcontractors for each calendar day during which such worker is required or permitted to labor more than eight (8) hours in and one calendar day and forty (40) hours in any one calendar week in violation of Sections 1810 through 1815. (c) For Agricultural occupations, reference Order #14 regarding overtime provisions.
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27 5. Compliance with State Requirements for Employment of Apprentices (a) The Consultant's attention is directed to Section 1777.5 of the Labor Code.
Provisions of said Section pertaining to employment of registered apprentices are hereby incorporated by reference into this Contract. As applicable, the Consultant or any Subcontractor employed by the Consultant in the performance of this Contract shall take such actions as necessary to comply with the provisions of Section 1777.5. 507
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1 Consultant Questionnaire
Definition of a Consultant is found in Section 18702 of Regulations of the Fair Political Practices Commission, Title 2, division 6 of the California Code of Regulations.
Consultants, as defined by Section 18701, are required to file an Economic Interest Statement (Form 700) within 30 days of signing a Consultant Agreement with the City, on an annual basis thereafter if the contract is still in place, and within 30 days of completion of the contract.
Company Name ________________________________________________________________________ (Agreement Date)
Name of Consultant*______________________________________________________________________ (First Name) (Middle Initial) (Last Name)
Company address_______________________________________ Phone__________________________ City, State, Zip___________________________________________________________________________ Contracting City Dept._____________________________________________________________________ Estimated Date of Project Completion__________________________________ A. Will consultant make governmental decision whether to
1. Approve a rate, rule, or regulation? Yes □ No □
2. Adopt or enforce a law? Yes □ No □
3. Issue, deny, suspend, or revoke any permit, license, Yes □ No □ application, certificate, approval, order, or similar
authorization or entitlement?
4. Authorize the agency to enter into, modify, or renew a Yes □ No □ contract provided it is the type of contract which
requires agency approval?
5. Grant agency approval to a contract which requires Yes □ No □ agency approval and in which the agency is a party or to the specifications for such a contract?
6. Grant agency approval to a plan, design, report, Yes □ No □ study, or similar item?
7. Adopt, or grant agency approval of, policies, standards, Yes □ No □ or guidelines for the agency, or for any subdivision thereof? B. Will the consultant serve in a staff capacity with the City and in Yes □ No □ that capacity perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code?
Will consultant manage public investments? Yes □ No □
____________________________________________ _____________________________ Name of City Staff Person Completing Questionnaire Date *If other individuals will be working on the contract, a form should be completed for each person to determine filing obligation 508
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LONG BAR RD
PALERMO RD
10TH ST
7TH AVE
BURMA
RD
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7TH ST
BIRD ST
V-6 RD
LONE TREE RD
RAILROAD AVE
GRAND AVE 6TH ST
14TH ST
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D ST
TEHAMA AVE
PACIFIC HEIGHTS RD
COTTONWOOD RD
20TH ST
C ST B ST
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HIGH ST
HILLDALE AVE
POWER
HOUSE
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UPPER PALERMO RD
FOREBAY ACCESS RD
AUTREY LN
PINECREST RD
NORTH POWER CANAL RD
FEATHER AVE
KUSEL RD
GRUBBS RD
BOHEMIA AVE
V-7 RD
PLUMAS AVE
OREGON
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RD
GREENVILLE ST
STAGELINE RD
PINE
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PAR FOUR WAY
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V EI W LN
2ND ST
YARD ST
OLD FERRY
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SAFFORD ST
VALLEY VIEW DR
CAL OAK RD
WHEELER AVE
AFTERBAY DR
18TH ST
OCC DI ENTAL AVE
LUDLUM AVE
ITHACA ST
4TH ST
FARLEY ST
MELV NI A AVE
DUTCH DR
SELF LN
CUSTER LN
BUTTE AVE
GLEN AVE
SEACREST DR
WYMAN AVE FOGG AVE
MELROSE DR
M DI DLEHOFF LN
MONO AVE
FORD DR
CARMEL AVE
ASHLEY AVE
V RI G NI AI AVE
RODM
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LAKELAND BLVD
INGLEWOOD DR
KATIE CT
MA AND PA LN
OAK AVE
STANLEY DR
SPR NI GT MI E TRL
ALMA ST
MEADOWVIEW DR
VIA CANELA
GENE LN HALPIN LN
HARLAN AVE
21ST ST
SWEEM ST
MAPLE AVE
WELSH RD
CLEMO AVE
STATE BOX RD
SERENE LN
THERESA LN
BUEHLER AVE
PERK NI S AVE
MORNINGSIDE DR
ZEPHER WAY
F. D. R. TRL
GEARY CT
CRESTRIDGE DR
MARGO LN
WES BARRETT LN
ODIE WAY
GILMORE LN
T TI AN WAY
SAM LYNN WAY
MYRTLE DR
STUART CT
GOLD RUN CT
CHAISE DR
14TH ST
PLUMAS AVE
20TH ST
0 0.5 1 2 Potential Grazing Area
Miles µ
Oroville Goat Grazing Project
Area 1: Feather River Nature Center
Area 2: Olive HWY West Basin
Area 3: Vista Del Oro
Area 4: Deer Creek Estates
Area 5: Highlands Blvd Ditch
Area 6: HWY 70 Basin
Area 7: The Buttes Subdivision
Area 8: Argonaut Basin
Area 9: Olive Hwy Basin East
Area 10: Calle Vista
Area 11: Central Middle School
Area 12: Abandoned Railroad & Misc Property
Area 13: Airport Dog Training Facility
Area 14: Feather River Corridor
512
Item 9.
Acres: 5.6
OLD
FERRY
RD
MONTGOMERY ST
N
O
R
T
O
N
S
T
TA
BLE M
O
U
N
TA
NI BLV
D
WASHINGTON
AVE
BIRD
ST
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community 0 50 100 200
Feet
Potential Grazing Area
µ Oroville Goat Grazing Project
Area: 1 - Feather River Nature Center Property
513
Item 9.
Acres: 3.1
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community 0 50 100 200
Feet
Potential Grazing Area
µ Oroville Goat Grazing Project
Area: 2 - Olive Hwy Basin West
514
Item 9.
Acres: 9.7 18T
H
S
T
LA
R
K
NI R
D
MINERAL WAY
MAGNESIO
TITANIO
PLATA CT
C
OLB
ALT
O
FRESNO AVE
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community 0 50 100 200
Feet
Potential Grazing Area
µ Oroville Goat Grazing Project
Area: 3 - Vista Del Oro
515
Item 9.
Acres: 6.1
MIRA LOMA DR
E
GRAND
AVE
ANTLER DR
BUCK
RUN
DR
B
U
C
K
RU
N
RD
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community 0 50 100 200
Feet
Potential Grazing Area
µ Oroville Goat Grazing Project
Area: 4 - Deer Creek Estates
516
Item 9.
Acres: 2.8
HIGH
LAN
DS
BLVD
SERVICE ST
OROVILLE DAM BLVD E
L
ES
LIE
L
N
COVENTRY DR
LINDA DR
VALLEY
VIEW
D
R
ROCKRIDGE
RD
ROCKRIDGE CT
SERVICE CIR
WILDWOOD CT
COVENTRY CT
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community 0 50 100 200
Feet
Potential Grazing Area
µ Oroville Goat Grazing Project
Area: 5 - Highlands Blvd Ditch
517
Item 9.
Acres: 0.6
E
B
HWY
70 F
EATH
E
R
RIV
E
R
B
LV
D
EB
HWY
70 OFFRAMP
WB
HWY
70 HIGH ST
POMONA AVE
MITCHELL AVE
ROBINSON ST
SPRUCE AL
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community 0 50 100 200
Feet
Potential Grazing Area
µ Oroville Goat Grazing Project
Area: 6 - HWY 70 Basin
518
Item 9.
Acres: 1.6
FOOTHILL BLVD
BUTTE WOODS DR
SUNSET OAK CT
MOONSHINE CT
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community 0 50 100 200
Feet
Potential Grazing Area
µ Oroville Goat Grazing Project
Area: 7 - The Buttes Basin
519
Item 9.
Acres: 20.5
OROVILLE QUINCY HWY
CANYON HIGHLANDS DR
ASHLEY AVE
DEBRA WAY
A
C
A
CIA
AV
E
STAUSS AVE
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community 0 50 100 200
Feet
Potential Grazing Area
µ Oroville Goat Grazing Project
Area: 8 - Argonaut Basin
520
Item 9.
Acres: 3.7
OLIVE HWY
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community 0 50 100 200
Feet
Potential Grazing Area
µ Oroville Goat Grazing Project
Area: 9 - Olive Hwy Basin East
521
Item 9.
Acres: 1.6
18TH ST
QUICK SILVER CT
MARY JO PL
BIGGS AVE
ALMA ST
C
ALLE VIS
TA
D
R
RUSSELL PROCTOR WAY
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community 0 50 100 200
Feet
Potential Grazing Area
µ Oroville Goat Grazing Project
Area: 10 - Calle Vista Basin
522
Item 9.
Acres: 5.7
OLIVE HWY
MESA AVE
EL N
O
BLE AVE
ONTARIO AVE
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community 0 50 100 200
Feet
Potential Grazing Area
µ Oroville Goat Grazing Project
Area: 11 - Central Middle School
523
Item 9.
Acres: 34.8
Acres: 19.2
Acres: 5.5
W
B
H
WY 70
OPHIR RD
H
WY 70
L NI C
OLN
BLV
D
7TH
AV
E
S 5T
H
AVE
F
EATH
E
R
RIV
E
R
B
LV
D
D ST
E
B
HWY
70 MYERS
ST
C ST
B ST
A ST
LO
WER
W
YA
N
D
O
T
TE R
D
MITCHELL AVE
V-6 RD
A
U
T
REY LN
OLIVE HWY
OROVILLE DAM BLVD E
5T
H
AV
E
V-7 RD
SPEN
CER
AVE
ELGIN ST
V-C
R
D
GREENVILLE ST
HIGH ST
MONTE VISTA AVE
FOOTHILL
BLVD
POMONA AVE
LAS PLUMAS AVE
CAL OAK RD
VEAT
C
H
S
T
ITHACA ST
WYANDOTTE AVE
GEORGIA PACIFIC WAY FA
RLEY
S
T
FORT WAYNE ST
OAK KNOLL WAY
WHEELER AVE
V
RI G
NI AI AVE
LINCOLN
ST
SIMPCO LN
MESA AVE
STUMP DR
ROBINSON ST
VIA CANELA
PINE
ST
ROSITA WAY
STATE BOX RD
VIA LATON
RIC
H
T
E
R
AVE
IDORA ST
EXEC
U
TIVE PK
WY
W
B
H
WY 70 O
N
RA
M
P
ONTARIO AVE
GARDELLA AVE
DEB
B
Y
AVE
PEARL ST
CED
A
R PK
WY
GROVE ST
PALM AVE
ROSE ST
H
A
R
M
S
AV
E
OM
E
GA
LN
VERN CT
WILLOW
D
R
0 0.25 0.5 1
Miles
P
µ Oroville Goat Grazing Project
otential Grazing Area Area: 12 - Abandoned RR and Misc City Property 524
Item 9.
Acres: 0.7
WES
B
A
R
RET
T LN
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community 0 50 100 200
Feet
Potential Grazing Area
µ Oroville Goat Grazing Project
Area: 13 - Airport Dog Training Facility
525
Item 9.
Acres: 16.7
Acres: 2.5
Acres: 1.6
Acres: 1.5
Acres: 0.7
Acres: 0.4
Acres: 0.3
BIRD ST
ROBINSON ST
PINE
ST
MYERS
ST
GRAND AVE
MONTGOMERY ST
LINCOLN
ST
5TH
AVE
SAFFORD ST
POMONA AVE
OAK ST
ARLIN RHINE DR
4TH
AVE
MITCHELL AVE
HUNTOON
ST
2ND AVE
6TH
AVE
1ST AVE
7TH
AVE
MINERS AL
FIR AL
FO
G
G
AVE
3RD AVE
VEATCH
ST
SPRUCE AL
GRAY ST
TABLE MOUNTAIN BLVD
HIGH ST
OROVIEW DR
GRANT
AVE
BALDWIN AVE
BRODERICK ST
8TH
AVE
PARK AVE
OLIVER
ST
E GRAND AVE
GAYLOR AVE
MIRA LOMA DR
DOWNER
ST
P
LAC
E
R
LN
W
LINCOLN
ST
HAMMON PARK DR
D
AW
N
C
T
EHMANN ST
LEAH
CT
GRACE ST
PAULA CT
TUSCANY DR
TUCKER LN
TUSCAN VILLA DR
HIGH ST
BRODERICK ST
3RD AVE
Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
0 250 500 1,000
Feet
Potential Grazing Area
µ Oroville Goat Grazing Project
Area 14: Feather River Corridor - 23.7 Total Acres
526
Item 9.
February 15, 2024 Page 1
“Oroville. California's best opportunity for a safe and diverse quality of life” City of Oroville
1735 Montgomery Street
Oroville, CA 95965-4897
(530) 538-2445
www.cityoforoville.org
BID SUMMARY
CITY OF OROVILLE
PROJECT: GOAT GRAZING VEGETATION MANAGEMENT SERVICES
OPENING DATE: 02/14/2023 TIME: 10:00AM
CITY HALL, FRONT LOBBY
1735 MONTGOMERY ST
OROVILLE, CA 95965
ATTENDANCE FOR BID OPENING: FRED MAYO AND WADE ATTEBERRY Bidder Name/Address
and Phone Number
Base Bid
Amount
(per year)
Additive
Alternatives
Total Base Bid +
Additive
Alternatives
Blue Tent Farms LLC dba
Western Grazers
859 Washington Street #259
Red Bluff, CA 96080
(530) 200-2929 $104,404 $7,312.50 $111,716.50
527
Item 9.
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562
Item 9.
CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: SHAWN WEBBER, COUNCIL MEMBER
TRACY JOHNSTONE, COUNCIL MEMBER
RE: EVENT COORDINATOR FEE FOR GONZALO "PEEWEE" CURIEL FOR
CITY AIRPORT FLY IN EVENTS
DATE: FEBRUARY 20, 2024
SUMMARY
On behalf of Council Member Webber and Council Johnstone, Council will consider compensating Gonzalo “Peewee” Curiel a fee for his efforts with City Fly In events at the City Airport.
DISCUSSION
Council Member Webber and Council Member Johnstone feel the annual Fly In event held at the City Airport is an important annual event that draws a large crowd every year and is a healthy event for our airport. The Fly In event draws in dozens of airplanes and numerous over vendors in an effort to promote the airport. Gonzalo “PeeWee” Curiel has coordinated this event for many years and puts in many hours to do so with limited help from the City. As this is an annual event with a large draw, we feel it appropriate to compensate Mr. Curiel’s personal costs and time to pull this off.
FISCAL IMPACT
Gonzalo “PeeWee” Curiel has estimated close to 100 hours of time to coordinate this event.
RECOMMENDATION
Provide staff direction with regard to compensating Gonzalo “Peewee” Curiel for his efforts with City Fly In events at the City Airport.
ATTACHMENTS
None.
563
Item 10.
CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: KRYSI RIGGS, COUNCIL MEMBER
ERIC SMITH, VICE MAYOR
RE: BOARD / COMMITTTEE / COMMISSIONER COMPENSATION
DATE: FEBRUARY 20, 2024
SUMMARY
On behalf of Council Member Riggs and Vice Mayor Smith, Council will consider requiring the compensation received when Council members serve on certain Council appointed Boards, Committees or Commissions be redirected to the Community Enhancement Fund, to be used to support local projects or events that impact the quality of life of our residents, or provide a community benefit.
DISCUSSION
Currently, Council Members are appointed annually and serve on a number of various Boards, Committees or Commissions. These appointments are done during the first meeting of each calendar year.
The vast majority of these assignments come with no additional compensation. Two commissions, however, provide Council members that serve on them additional monthly compensation. Specifically, the Sewerage Commission – Oroville Region (SCOR) provides $600/month, and the Butte County Mosquito and Vector Control provides $100/month.
Council Member Riggs and Vice Mayor Smith would like the Council to consider requesting this additional compensation be redirected to the Community Enhancement Fund.
FISCAL IMPACT
Would provide additional revenue for the Community Enhance Fund of $14,400 from SCOR and $2,400 from Mosquito and Vector Contral.
RECOMMENDATION
Provide staff direction with regard to compensation provided for serving on various Board / Committee / Commissions.
564
Item 11.
ATTACHMENTS
None.
565
Item 11.
1 Statistics Package
01/01/2024 to 01/31/2024
Countywide Cooperative Fire & Rescue Service
566
Item i.
2
Item i.
Battalion 9 Resources Responses to City of Oroville
1/1/2024 to 1/31/2024
Structure
Fires
Other
Fires
Medical Hazmat /
FMS
Public
Assists /
Total
B9A 1 7 14 1 0 23
B9B 0 8 6 3 1 18
BOAT91 0 0 3 0 0 3
E391 0 0 1 0 1 2
E91 1 43 369 7 19 439
E92 1 9 47 1 2 60
E93 0 2 7 0 2 11
T91 1 16 86 4 16 123
Total 4 85 533 16 41 679
568
Item i.
Battalion 9 Resources Responses to City of Oroville
1/1/2024 to 1/31/2024
Structure
Fires
Other Fires
Medical
Public Assists Hazmat / FMS
/ Others
Structure Fires 0.6%
Other Fires 12.5%
Medical 78.5%
Hazmat / FMS 2.4%
Public Assists / Others 6.0%
Total: 100.0%
Number of Incidents / Incident Type
569
Item i.
Total Number of Resources Responding: 129
Total Number of Incidents: 104
MED T/C HAZ-CON P/A HAZMAT RESCUE STR VEH OTH FIRE F/A MEDA Total CAORO B9A 0 3 0 0 1 0 1 0 0 1 0 6
B9B 0 3 3 0 0 0 0 0 1 3 0 10
BOAT91 0 0 0 0 0 3 0 0 0 0 0 3
E391 0 1 0 1 0 0 0 0 0 0 0 2
E91 42 13 3 6 0 2 1 2 4 6 7 86
E92 10 1 1 1 0 0 1 0 0 0 0 14
T91 1 3 0 0 0 1 1 0 1 0 0 7
U91 0 0 0 0 0 1 0 0 0 0 0 1
Total 53 24 7 8 1 7 4 2 6 10 7 129
Total 53 24 7 8 1 7 4 2 6 10 7 129
Battalion 9 Resources Responses to Butte County Fire Department 01/01/2024 to 01/31/2024
Item i.
Total Number of Resources Responding: 206
Total Number of Incidents: 177
MED T/C HAZ-CON P/A OTH VEH OTH FIRE F/A MEDA Total
CABTC CO64 0 3 1 0 0 1 0 2 0 7
CO64A 0 22 1 0 0 1 0 12 0 36
E44 2 0 0 0 0 0 0 0 0 2
E45 0 0 1 0 0 0 0 0 0 1
E63 94 11 0 5 3 0 2 4 9 128
E64 15 3 1 1 0 0 0 1 0 21
E71 1 2 0 0 0 0 0 0 1 4
E72 2 1 1 0 0 0 0 1 1 6
WT64 0 0 1 0 0 0 0 0 0 1
Total 114 42 6 6 3 2 2 20 11 206
Total 114 42 6 6 3 2 2 20 11 206
Butte County Fire Department Resource Responses to City of Oroville 01/01/2024 to 01/31/2024
571
Item i.
Total Number of Resources Responding: 48
Total Number of Incidents: 35
MED T/C HAZ-CON P/A OTH VEH OTH FIRE F/A MEDA Total
CABTU B2108 0 3 0 0 0 0 0 0 0 3
B2112 0 0 0 0 0 0 0 1 0 1
B2116 0 1 0 0 0 0 0 0 0 1
B2117 0 7 1 0 0 0 0 6 0 14
D2103 0 0 1 0 0 0 0 0 0 1
D2105 0 0 0 0 1 0 0 0 0 1
DIS2109 0 0 0 0 2 0 0 0 0 2
E2161 0 0 0 0 0 0 0 0 1 1
E2164 1 0 0 0 0 0 0 0 0 1
E2165 5 0 0 1 0 0 0 0 0 6
E2167 2 0 0 0 0 0 0 0 0 2
E2185 0 0 1 0 0 0 0 0 0 1
E2196 0 0 0 0 0 0 1 0 0 1
P2121 0 0 0 0 0 0 2 0 0 2
P2122 0 0 0 0 0 0 0 1 0 1
PIOADVS 0 1 1 0 0 0 0 2 0 4
PRVADV 0 0 1 0 0 1 0 2 0 4
T2106 0 1 1 0 0 0 0 0 0 2
Total 8 13 6 1 3 1 3 12 1 48
Total 8 13 6 1 3 1 3 12 1 48
CAL FIRE Responses to City of Oroville
01/01/2024 to 01/31/2024
572
Item i.