CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: FRED MAYO, DIRECTOR OF PUBLIC WORKS
RE: AGREEMENT WITH MARK THOMAS AND COMPANY, INC. FOR
ACTIVE TRANSPORTATION PROJECT - CYCLE 7 - GRANT WRITING
ASSISTANCE FOR TABLE MOUNTAIN AND WASHINGTON AVENUE
FUNDING
DATE: APRIL 2, 2024
SUMMARY
The City Council may consider authorizing the execution of an agreement with Mark Thomas and Company, Inc. (“Mark Thomas”) for grant writing assistance for the Active Transportation Project (ATP) - Cycle 7 grant opportunity. The focus of this grant request would be for Table Mountain and Washington Avenue.
DISCUSSION
Due to time constraints, staffing shortages, and the complexity of the ATP grant writing process, the City would like to enlist the help of Mark Thomas to assist in preparing and submitting an application for the ATP grant funding Cycle 7. This grant opportunity is for the Washington Ave / Table Mountain corridor project. Mark Thomas's expertise in grant writing will enhance the city's chances of success in securing funding for this or future ATP grants and other grant funding opportunities. The fiscal impact of this agreement is not to exceed $85,000.
FISCAL IMPACT
Not-to-exceed $85,000 dollars - included in FY 2023/24 Budget from District tax fund (Measure U funds)
RECOMMENDATION
Authorize the staff to execute an agreement with Mark Thomas and Company, Inc. for the ATP Application preparation and submission.
205
Item 9.
ATTACHMENTS
1. Quote for ATP application preparation and submittal
206
Item 9.
CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: FRED MAYO, PUBLIC WORKS DIRECTOR
RE: PROJECT TASK ORDER FOR PROFESSIONAL CONSTRUCTION
MANAGEMENT AND PLANNING SERVICES WITH TROVER
CONSTRUCTION MANAGEMENT FOR NEW CORPORATION YARD
DATE: APRIL 2, 2024
SUMMARY
The Council may consider approving Task Order with Trover Construction Management to evaluate and space plan existing buildings and proposed improvements and the new City corporation yard. Work shall include master plan site development, conceptual site plan, development of bid packages for architectural site plan/ contractor services.
DISCUSSION
On February 6, 2024, the City Council approved allocations of funds for site improvements at the 655 Cal Oak property. Trover Construction Management, a qualified professional construction management firm, would oversee the planning and managing of the redesign and construction management, provide professional space planning, pre and post construction management and design services to support the City’s new corporation yard improvement projects.
While the City has Trover currently contracted with other City owned projects, the need for further assistance with the site improvements (space planning, construction management and managing bid packages) of existing and new corporation yard facility projects is needed.
Contracting with Trover Construction Management has proven valuable with the successful completion of the Sank Park fence, City Hall and Chinese Temple roof project and currently working on the Convention Center and the additional City Hall improvements.
Anticipate costs for pre-construction management work, construction management and post construction management work is anticipated to be approximately $82,000. 207
Item 10.
FISCAL IMPACT
For the Cal Oak Road Corporation Yard improvements, Council to approve the use of the following funds:
$ 41,000 -Sewer Enterprise Fund
$ 41,000- Local Fiscal Recover Funds
RECOMMENDATION
Authorize approval of Task Order with Trover Construction Management to provide construction management services for the necessary site improvements at the new corporation yard.
ATTACHMENTS
Trover Construction Management Task Order 1
208
Item 10.
974 Forest Ave Chico CA, 95928
[email protected] (530) 519-7132
CITY OF OROVILLE
CORPORATION YARD
CONSTRUCTION MANAGEMENT AGREEMENT
TABLE OF CONTENTS
ARTICLE 1 - GENERAL PROVISIONS
1.1 GENERAL REQUIREMENTS
1.2 CONSTRUCTION MANAGER STANDARD OF CARE
1.3 DEFINITIONS
ARTICLE 2 - CM'S SERVICES AND RESPONSIBILITIES - BASIC SERVICES
2.1 PRE-CONSTRUCTION
2.2 CONSTRUCTION
2.3 POST CONSTRUCTION
ARTICLE 3 - CM'S SERVICES AND RESPONSIBILITIES - ADDITIONAL SERVICES
3.1 PRE-CONSTRUCTION
3.2 CONSTRUCTION
3.3 POST-CONSTRUCTION
3.4 GENERAL
ARTICLE 4 – CITY OF OROVILLE RIGHTS AND RESPONSIBILITIES
4.1 ADMINISTRATION
4.2 PROVISION OF INFORMATION, SURVEYS, AND REPORTS
ARTICLE 5 - COMPENSATION
5.1 COMPENSATION FOR PRECONSTRUCTION SERVICES
5.2 COMPENSATION FOR BASIC SERVICES
5.3 COMPENSATION FOR ADDITIONAL SERVICES
5.4 REIMBURSABLE EXPENSES
ARTICLE 6 - PAYMENTS
6.1 PAYMENTS FOR BASIC SERVICES
6.2 PAYMENTS FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES
6.3 PROJECT SUSPENSION
6.4 INSURANCE
ARTICLE 7 - CM'S RECORDS AND FILES
ARTICLE 8 - OWNERSHIP AND USE OF DOCUMENTS, MATERIALS AND SYSTEMS
8.1 OWNERSHIP
8.2 INDEMNIFICATION
ARTICLE 9 - DISPUTES
9.1 NEGOTIATION
9.2 MEDIATION
9.3 ARBITRATION OR LITIGATION
ARTICLE 10 - EXTENT OF AGREEMENT
10.1 AUTHORITY OF AGREEMENT
10.2 EXHIBITS
10.3 THIRD-PARTY BENEFICIARIES
ARTICLE 11 - NOTICES
11.1 CITY OF OROVILLE AND CM
ARTICLE 12 – SUCCESSORS AND ASSIGNS
12.1 CM’S DEATH OR INCAPACITATION
ARTICLE 13 - TERMINATION OF AGREEMENT
13.1 CITY OF OROVILLE-INITIATED TERMINATION
13.2 CM-INITIATED TERMINATION
13.3 DOCUMENTS AND MATERIALS
209
Item 10.
974 Forest Ave Chico CA, 95928
[email protected] (530) 519-7132
CONSTRUCTION MANAGEMENT AGREEMENT
between
CITY OF OROVILLE
and
TROVER CONSTRUCTION PROJECT MANAGEMENT LLC (CM)
This AGREEMENT is made on the day of in the year ___ between CITY OF OROVILLE, hereinafter called “Owner”, and Trover Construction Project Management LLC, hereinafter called “CM” or “TCPM”, for the following Project:
Corporation Yard Project – Master plan site, coordinate with City staff on needs, evaluate and space plan existing buildings, evaluate and propose improvements based on City needs, develop conceptual site plan, develop rough project cost estimate, develop bid packages for architectural/contractor services, manage bid process and provide construction management services.
ARTICLE 1 - GENERAL PROVISIONS
1.1 GENERAL REQUIREMENTS
1.1.1 This Agreement shall be governed by the laws of the State of California.
1.1.2 In the event of a conflict between the provisions of any exhibit to this Agreement and the Agreement, the provisions of this Agreement shall govern.
1.1.3 Time is of the essence for this Agreement.
1.1.4 CM shall cooperate with Owner, its designees, and Contractor in furthering the interests of Owner.
1.1.5 CM will comply with all background check requirements of the Owner.
1.2 CONSTRUCTION MANAGER STANDARD OF CARE
1.2.1 CM, its officers, agents, employees, subcontractors, consultants and any persons or entities for whom CM is responsible, shall provide all services pursuant to this Agreement in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope, and complexity of the Project (including its contracting mode), and shall possess all required licenses to perform the Work.
1.3 DEFINITIONS
1.3.1 As-builts (As-built Drawings and Specifications). The term "As-builts" shall mean 210
Item 10.
974 Forest Ave Chico CA, 95928
[email protected] (530) 519-7132
the record copy of the Contract Documents prepared by the Construction Contractor to record as-built conditions, current changes, and selections made during construction.
1.3.2 Construction Budget. The term "Construction Budget" shall mean the Owners written statement of funds available to pay for the cost of construction.
1.3.3 Construction Documents. The term "Construction Documents" shall mean the drawings and specifications, prepared by the Design Professional, setting forth in detail the requirements for the construction of the Project.
1.3.4 Contract Documents. The term "Contract Documents" shall mean the Advertisement for Bids, Instruction to Bidders, Supplementary Instructions to Bidders, Bid Form, Agreement, General Conditions, Supplementary Conditions, Affirmative Action Program, Exhibits to the Construction Documents, Specifications, List of Drawings, Drawings, Addenda, Notice to Proceed, Change Orders, Notice of Completion and all other items identified in the Construction Contract Agreement.
1.3.5 Contractor. The term “Contractor” shall mean the entity or, in the case of a design build contract, a contractor and design professional team with whom Owner has contracted to construct the Work associated with this Project.
1.3.6 Project. The term "Project" shall mean the project described on page 1 of this Agreement.
1.3.7 CM. The term "CM" shall mean the specific Owner-approved CM individual named in this Agreement who is assigned to the Project, and is CM's designated principal or staff member, as the designated person in charge of providing all services required by this Agreement.
1.3.8 Project Program. The term "Project Program" is a written statement of Owner's design objectives, constraints, and criteria, including space requirements and relationships, flexibility and expendability, special equipment and systems, and Project site requirements.
1.3.9 Project Schedule. The term "Project Schedule" shall mean the schedule prepared by CM for Owner showing Project milestones, funding, design, design, design review, construction, and other deadlines applicable to the Project.
1.3.10 Record Documents. The term "Record Documents" shall mean the Design Professional's record drawings and final specifications made from the As-built documents received from the Contractor.
1.3.11 Bidding Documents. The term "Bidding Documents" shall mean those documents prepared and furnished by Owner for the purpose of obtaining bids from contractors to construct the Project, including without limitation, the General Conditions and General Requirements which are hereby incorporated by reference.
1.3.12 Work. The term “Work” shall mean all construction, services, and other 211
Item 10.
974 Forest Ave Chico CA, 95928
[email protected] (530) 519-7132
requirements of the Contract Documents, or as modified by Change Order, whether completed or partially completed, and includes all labor, materials, equipment, tools, and services provided or to be provided by Contractor to fulfill Contractor's obligations, The Work may constitute the whole or a part of the Project.
1.3.13 Preconstruction Services. The term “Preconstruction Services” shall mean the scoping, programing, bidding and Project development process.
ARTICLE 2 - CM'S SERVICES AND RESPONSIBILITIES - BASIC SERVICES Basic Services to be provided by CM consist of the services described in this Article 2.
2.1 PRECONSTRUCTION
2.1.1 CM shall assist Owner on developing project needs and scope
2.1.2 CM shall develop conceptual site plan and space plan existing buildings for City needs
2.1.3 CM shall develop a conceptual project budget based on Owner defined scope
2.1.4 CM shall assist owner in contracting with additional consultants as necessary
2.1.5 CM shall advise Owner on various delivery systems and develop bid packages based on the City’s desired delivery method
2.2 CONSTRUCTION
2.2.1 CM shall assist Owner and Contractor as requested in the preparation of the pre- construction meetings
2.2.2 CM shall assist Owner and Contractor in monitoring written communications between Contractor, Owner's Administrator and Contractor(s).
2.2.3 CM shall assist Owner, in the resolution of disputes between Owner and the Contractor.
2.2.4 CM shall maintain a regular presence on site as necessary to facilitate coordination, resolve construction related issues, and provide regular written updates to Owner.
2.2.5 CM shall monitor construction activities and provide regular reporting of progress, issues, and changes to schedule, scope, and budget.
2.2.6 CM shall assist and process monthly contractor and subconsultant pay applications for Owner.
212
Item 10.
974 Forest Ave Chico CA, 95928
[email protected] (530) 519-7132
2.2.7 CM Shall assist Owner in responding to RFI’s
2.2.8 CM shall maintain, monitor, and update the Cost Control System. The monthly Cost Report shall compare the original Project Budget with the current Project cost, identify expenditures to date, state the budget required for completion of each major category of Work, identify actual and anticipated Change Orders, and predict the current estimated total Project cost.
2.2.9 CM shall assist Owner in evaluating Contractor Change Order Requests.
2.2.10 CM shall assist in negotiations with Contractor as requested by Owner.
2.2.11 CM shall assist Owner, in obtaining back-up documentation, shop drawings, and materials submittals from Contractor.
2.2.12 CM shall assist Owner and Contractor on obtaining necessary permits with pertinent regulating bodies.
2.2.13 CM, its officers, agents, employees, subcontractors, and any persons or entities for whom CM is responsible, must provide all Services pursuant to this Agreement in accordance with the requirements of this Agreement and in a manner consistent with the standard of care under California law applicable to those who specialize in providing the same services for projects of the type, scope, and complexity of the Project. Owner’ review, approval of, or payment for any of the Services required under this Agreement must not be construed as assent that CM has complied, nor in any way relieve the CM of compliance, with (i) the applicable standard of care or (ii) applicable statutes, regulations, rules, or this Agreement.
2.3POST-CONSTRUCTION
2.3.1 CM shall manage the completion of the Project punch list
2.3.2 CM shall assist in project turn over and Owner occupancy
2.3.3 CM shall assist in budget reconciliation if necessary
2.3.4 CM shall assist in project close out and contractor demobilization ARTICLE 3 - CM'S SERVICES AND RESPONSIBILITIES - ADDITIONAL SERVICES Unless required to be performed as part of Basic Services, the services described in this Article 3 are Additional Services. These Additional Services shall be paid for by Owner, as provided in this Agreement, in addition to the compensation for Basic Services. CM shall provide Additional Services only when and as authorized in a written Amendment signed by Owner. No Additional Services shall be compensable unless so authorized. Additional services shall be compensated hourly as referenced by Appendix A or via lump sum as negotiated between Owner and CM. 213
Item 10.
974 Forest Ave Chico CA, 95928
[email protected] (530) 519-7132
3.1 PRECONSTRUCTION as requested by client
3.2 CONSTRUCTION as requested by client
3.3 POST-CONSTRUCTION as requested by client
3.4 GENERAL as requested by client
ARTICLE 4 - OWNERS RIGHTS AND RESPONSIBILITIES
4.1 ADMINISTRATION
4.1.1 Owner will designate, in writing, an Owner Representative who will act on behalf of Owner with respect to this Agreement. CM shall accept directives only from the designated Owner Representative and not from other Owner employees.
Owner may replace the designated Owner Representative at its sole option; if this replacement is made, Owner will notify CM in writing.
4.2 PROVISION OF INFORMATION, SURVEYS, AND REPORTS
4.2.1 Owner will have the right to make changes to the Project Program. When such changes increase the duties of CM beyond those reasonably and customarily provided in Basic Services, CM shall be compensated in accordance with this Agreement.
4.2.2 Owner will have the right to make reasonable changes to its Bidding Documents and CM shall be bound by such changes. When such changes increase the duties of CM, beyond those reasonably and customarily provided in Basic Services, CM shall be compensated in accordance with this Agreement.
4.2.3 Owner shall furnish information to CM for purposes of updating the Project Schedule as dates and durations applicable to the Project such as funding deadlines, review periods, anticipated periods of Project suspension, and construction deadlines become known.
4.2.4 The services, information, surveys, and reports required by this Article 4 will be furnished at Owner's expense.
4.2.5 Owner will furnish copies of Drawings, Specifications, and other Project-related documents deemed necessary by Owner and CM for the performance of CM's services under this Agreement.
ARTICLE 5 - COMPENSATION
Owner will compensate CM for the scope of services provided, in accordance with this Article 5 and with the other terms and conditions of this Agreement as follows:
5.1 COMPENSATION FOR PRECONSTRUCTION SERVICES
214
Item 10.
974 Forest Ave Chico CA, 95928
[email protected] (530) 519-7132
5.1.1 The fee for pre-construction as described in the project description and section
2.1 shall be billed hourly at the rates indicated in Exhibit A and shall not exceed twenty-five thousand dollars, ($25,000.00).
5.1.2 During preconstruction, projects often confront numerous challenges and undergo multiple changes. The not to exceed (NTE) amount is based on the assumed scope of the Project and needs of the Owner. While the NTE amount reflects the expected needs, it does not serve as a guarantee that Preconstruction Services will be completed within the NTE amount. Should CM anticipate exceeding the NTE amount, CM shall promptly notify Owner and receive authorization for additional services before continuing Preconstruction Services.
5.2 COMPENSATION FOR CONSTRCTION AND POST-CONSTRUCTION
5.2.1 The fee for Construction and Post-construction services shall be a fixed fee of Fifty seven Thousand Dolars ($57,000.00) based on CM’s understanding of scope and the estimated Project budget of One Million Two Hundred Thousand Dolars ($1,200,000.00).
5.2.2 The fee for the Project is in part based on the estimated project budget. Should the actual Project budget or awarded contract vary by Twenty Percent (20%) of the estimated budget, the CM or Owner may request the renegotiation of the CM fee.
5.2.3 For Construction and Post-construction services, compensation shall be payable monthly, as a percent complete based on construction progress.
5.2.4 Any change orders to the prime contract between Contractor and Owner that increases the contract amount shall increase the CM fee by Four Percent (4%) of the Change Order cost.
5.2.5 Owner reserves the right to withhold monies for services not received as part of Basic Services and Supplemental Services unless an Amendment is issued by Owner for extension of services.
5.3 COMPENSATION FOR ADDITIONAL SERVICES
5.3.1 For the Additional Services of CM, as described in Article 3, compensation shall be in accordance with the attached Rate Schedule (Exhibit A).
5.3.2 Owner reserves the right to change time and scope of the Work (Change Orders). If Owner changes either time or scope, the CM's fees shall be adjusted in accordance with the attached Rate Schedule (Exhibit A).
5.4 REIMBURSABLE EXPENSES
5.4.1 For Reimbursable Expenses, only actual, reasonable costs will be reimbursed.
Paid invoices or other proof of payment shall be submitted when requesting reimbursement.
215
Item 10.
974 Forest Ave Chico CA, 95928
[email protected] (530) 519-7132
5.4.2 Reimbursable Expenses are paid in addition to the compensation for Basic and Additional Services and are actual expenditures made by CM and CM’s consultants in relation to the services provided in this Agreement.
5.4.3 Should owner request CM to pay for additional consultants, CM will mark up the consultants fee by Ten Percent (10%) and the reimbursement shall not be a part of the NTE or fixed fee amounts.
ARTICLE 6 - PAYMENTS
6.1 PAYMENTS FOR BASIC SERVICES
6.1.1 Payments for Basic Services, as defined in Article 2, shall be made monthly as stipulated in section 5.
6.2 PAYMENTS FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES
6.2.1 Payments for CM's Additional Services, as defined in Article 3, and for Reimbursable Expenses, as defined in paragraph 5.3, shall be made monthly after presentation of CM's statement of services rendered, or expenses incurred, with invoices, receipts and other justification thereof.
6.3 PROJECT SUSPENSION
6.3.1 If the Project is suspended or abandoned for more than 3 consecutive months, and such suspension was not scheduled at the beginning of the Project, as provided under subparagraph 4.2.4, CM shall be compensated for all authorized services performed prior to the receipt of written notice from Owner of such suspension or abandonment, together with Reimbursable Expenses then due. If the Project is resumed after being suspended for more than 3 consecutive months, CM's compensation shall be adjusted to compensate CM for any additional costs reasonably incurred as the result of the suspension.
6.4 INSURANCE
CM shall maintain the required insurance for its operations, including general liability insurance in an amount of at least $1,000,000 and professional liability insurance in an amount of at least $1,000,000, as well as workers’ compensation insurance as required by law, with an insurance company or companies that are rated “A-VII” or higher by A. M.
Best’s key rating guide, and are authorized to do business in the State of California. CM shall provide Owner with certificates of insurance and signed insurance policy endorsements, on forms acceptable to Owner, as evidence that the required insurance is in full force and effect. Each certificate of insurance and signed insurance policy endorsement must specifically provide verification that Owner and its directors, agents, officers, and employees have been added as additional insureds on the insurance policy being referenced. CM and any insurance company providing the insurance required by this section must waive any right of recovery or subrogation it may have against Owner. 216
Item 10.
974 Forest Ave Chico CA, 95928
[email protected] (530) 519-7132
ARTICLE 7 - CM'S RECORDS AND FILES
CM shall make files available for inspection and copying by Owner upon reasonable notice.
Owner or Owner's authorized representative shall have access to the CM's premises and records for inspection and auditing during normal business hours, shall be allowed to interview CM employees pursuant to the provisions of this Article, and be provided adequate and appropriate workspace in order to conduct audits in compliance with this Article. The provisions of this Article shall also apply to parent, affiliate, and subsidiary companies as necessary to verify costs associated with this Agreement.
ARTICLE 8 - OWNERSHIP AND USE OF DOCUMENTS, MATERIALS AND
SYSTEMS
8.1 OWNERSHIP
All systems, materials and documents developed for and with Owner resources shall become the property of Owner, whether or not the Project for which they are developed is executed.
Upon completion or termination of CM’s Basic Services and Additional Services under this Agreement, CM shall promptly provide to Owner all files related in any way to the Project, including but not limited to all documents, correspondence (including internal and external correspondence), systems and materials, both electronic and hard copy format, excluding CM’s internal accounting books and records addressed in Article 7. CM shall be permitted to retain copies for information and reference at CM’s expense.
8.2 INDEMNIFICATION
Owner will not defend, indemnify or save harmless CM, its officers, agents, or employees from any costs or claims asserted or imposed by any person or entity claiming that Owner's or CM’s use of systems, materials or documents is contrary to or in violation of any copyright, patent, trade secret, trade name, trademark, or any proprietary, contractual or legal right pertaining to their use.
ARTICLE 9 - DISPUTES
9.1 NEGOTIATION
9.1.1 The parties will attempt in good faith to resolve any controversy or Claim arising out of or relating to this Agreement by negotiation.
9.2 MEDIATION
9.2.1 Within 60 days, but not earlier than 30 days following the earlier of (1) receipt of notice by the other party from the American Arbitration Association (AAA) of the disputing party's demand for arbitration or (2) receipt by the other party of the disputing party's notice of election to litigate, the parties may submit the matter to non-binding mediation administered by the AAA under its construction industry mediation rules.
9.3 ARBITRATION OR LITIGATION
217
Item 10.
974 Forest Ave Chico CA, 95928
[email protected] (530) 519-7132
9.3.1 Disputes arising from this Agreement between CM and Owner which cannot be settled through negotiation or mediation shall be subject to arbitration or litigation as follows:
ARBITRATION WITH CONTRACTOR
If any claim arises under the Construction Contract Documents for the Project and is submitted to arbitration, and either Contractor or Owner claims that the acts or omissions of CM are involved, in whole or in part, any claim by Owner against CM arising out of or in connection therewith may be asserted, at the option of Owner, against CM in the same arbitration proceeding which shall be conducted under the procedures specified in the General Conditions of the construction contract.
LITIGATION WITH CONTRACTOR
If any claim arises under the Construction Contract Documents for the Project and is submitted to litigation, and either Contractor or Owner claims that the acts or omissions of CM are involved, in whole or in part, any claim by Owner against CM arising out of or in connection therewith may be asserted, at the option of Owner, against CM in the same litigation.
ARTICLE 10 - EXTENT OF AGREEMENT
10.1 AUTHORITY OF AGREEMENT
10.1.1 This Agreement represents the entire and integrated agreement between Owner and CM and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both Owner and CM.
10.2 EXHIBITS
10.2.1 This Agreement includes the following exhibits attached hereto:
Exhibit A: Rate Schedule
10.3 THIRD-PARTY BENEFICIARIES
10.3.1 Nothing contained in this Agreement is intended to make the Contractor or any Subcontractor (regardless of tier), any employee or agent of the Contractor or any Subcontractor, or any person, including Design Professional or any consultant of Design Professional (regardless of tier), a third-party beneficiary of any obligations between Owner and CM.
10.3.2 It is agreed that the relationship of CM to Owner is that of an independent contractor, that CM shall provide all Services under this Agreement as an independent contractor, and that CM shall not have the authority to bind or make any commitment on behalf of Owner. Nothing herein shall be construed to create a joint venture, partnership, employer-employee, association, or principalagent relationship between CM and Owner. As there is no agency relationship 218
Item 10.
974 Forest Ave Chico CA, 95928
[email protected] (530) 519-7132
with Owner, CM and its employees are not employees of Owner and therefore not eligible for unemployment insurance, disability insurance, workers’ compensation, employee benefits, and/or other stipulations of Owner’ personnel policy.
10.3.3 This Agreement has been executed and delivered in the State of California and the venue will be the Plumas County and the validity, enforceability and interpretation of any of the clauses of this Agreement will be determined and governed by the laws of the State of California.
ARTICLE 11 - NOTICES
11.1 OWNER AND CM
All notices or other documents required or permitted to be given hereunder shall be personally delivered, sent by private overnight courier, or sent by certified mail, postage prepaid, return receipt requested, addressed to the parties at the address for that party on the signature page of this Agreement.
Notices sent by certified mail shall be deemed received the third business day after posting in the US Mail, and notices sent by private overnight courier shall be deemed received the first business day after delivering the same to the private overnight courier during regular business hours.
ARTICLE 12 - SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon Owner and CM and their respective successors and assigns. Neither the performance of this Agreement nor any part thereof, nor any monies due or to become due hereunder, may be assigned by CM without the prior written consent and approval of Owner.
12.1 CM'S DEATH OR INCAPACITATION
12.1.1 If CM transacts business as an individual, upon CM's death or incapacitation, Owner may, at its option, terminate this Agreement as of the date of such event.
If so terminated, neither CM nor CM's estate shall have any further right to perform hereunder, and Owner shall pay CM or the estate the compensation payable under Article 5 for any services rendered prior to this termination not theretofore paid. This compensation shall be reduced by the amount of additional costs that will be incurred by Owner by reason of this termination.
12.1.2 If CM transacts business as a corporation, partnership, sole proprietorship or other entity with more than one officer, employee, or representative accepted by the Owner as the CM, and any one of them dies or becomes incapacitated, and the others continue to render the services covered herein, Owner may choose to continue services with CM and make payments to CM as though there had been no such death or incapacitation; Owner will not be obliged to take any account of the person who died or became incapacitated, or to make any payment to this person or this person's estate. These provisions shall apply in 219
Item 10.
974 Forest Ave Chico CA, 95928
[email protected] (530) 519-7132
the event of progressive or simultaneous occasions of death or incapacitation among any group of persons retained or employed by CM herein. If death or incapacitation befalls the last member of this group before the services under this Agreement are fully performed, then the rights set forth under subparagraph
15.1.1 shall apply.
ARTICLE 13 - TERMINATION OF AGREEMENT
13.1 OWNER-INITIATED TERMINATION
13.1.1 If Owner determines that CM has failed to perform in accordance with the terms and conditions of this Agreement, Owner may terminate all or part of the Agreement for cause. This termination shall be effective if CM does not cure its failure to perform within 10 days (or more, if authorized in writing by Owner) after receipt of a notice of intention to terminate from Owner specifying the failure in performance. If a termination for cause does occur, Owner will have the right to withhold monies otherwise payable to CM until the Project is completed. If Owner incurs additional costs, expenses, or other damages due to the failure of CM to properly perform pursuant to the Agreement, these costs, expenses, or other damages shall be deducted from the amounts withheld. Should the amounts withheld exceed the amounts deducted, the balance will be paid to CM upon completion of the Project. If the costs, expenses, or other damages incurred by Owner exceeds the amount withheld, CM shall be liable to Owner for the difference.
13.1.2 Owner may terminate this Agreement for convenience at any time upon written notice to CM, in which case Owner will pay CM in full for all services performed in compliance with and all expenses incurred under this Agreement up to and including the effective date of termination. In ascertaining the services actually rendered to the date of termination, consideration will be given to both completed Work and Work in progress, whether delivered to Owner or in the possession of CM, and to authorized Reimbursable Expenses. No other compensation or lost profit will be payable for such termination.
13.2 CM-INITIATED TERMINATION
13.2.1 CM may terminate this Agreement for convenience at any time upon thirty (30) days’ written notice to Owner, in which case Owner will pay CM in full for all services performed and all expenses incurred under this Agreement up to and including the effective date of termination, minus all costs incurred by Owner in identifying, contracting with, and bringing up to date a new construction manager to manage the Work. In ascertaining the services actually rendered to the date of termination, consideration will be given to both completed Work and Work in progress, whether delivered to Owner or in the possession of CM, and to authorized Reimbursable Expenses. No other compensation or lost profit will be payable for such termination.
13.3 DOCUMENTS AND MATERIALS
13.3.1 In the event of Agreement termination by either party for any reason, Owner 220
Item 10.
974 Forest Ave Chico CA, 95928
[email protected] (530) 519-7132
reserves the right to receive, and CM shall promptly provide to Owner, all documents and materials prepared by CM for the Project. In the event of termination, any dispute regarding the amount to be paid under Article 6 shall not derogate from the right of Owner to receive and use such documents or materials.
14. INDEMNIFICATION
14.1 CM shall indemnify, protect, defend and hold free and harmless Owner and its board members ,agents, representatives, officers, employees, and volunteers (the “Indemnified Parties”) from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, delays, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney’s and consultants’ fees and causes of action, including personal injury and/or death (“Claim(s)”), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence (active or passive, ordinary or gross), recklessness (ordinary or gross), errors or omissions, or willful misconduct of CM, its directors, officials, officers, employees, contractors, subcontractors, or agents directly or indirectly arising out of, connected with, or resulting from the performance of the Services or this Agreement. This indemnity excludes CM’s liability as to the active or sole negligence or willful misconduct of Owner. 221
Item 10.
974 Forest Ave Chico CA, 95928
[email protected] (530) 519-7132
IN WITNESS WHEREOF, THE CITY OF OROVILLE (OWNER) and TROVER CONSTRUCTION PROJECT MANAGEMENT LLC (CM) have executed this Agreement as of the date on page 2 of 15 of this agreement.
CONSTRUCTION MANAGER FIRM NAME: Trover Construction Project Management LLC By: Name: Nick Trover Title: Owner
(Signature) (Date)
CONSTRUCTION MANAGER ADDRESS: 974 Forest Ave Chico, CA 95928 CITY OF OROVILLE REPRESENTATIVE:
By: Name: Title:
(Signature) (Date)
CITY OF OROVILLE ADDRESS: 1735 Montgomery Street Oroville, CA 95965 222
Item 10.
974 Forest Ave Chico CA, 95928
[email protected] (530) 519-7132
EXHIBIT A
TROVER CONSTRUCTION PROJECT MANAGEMENT FEE SCHEDULE
Discipline Hourly Rate
Project Management Services
Project Manager $165.00
Assistant Project Manager $145.00
Project Engineer / Coordinator $120.00
*VEHICULAR REIMBURSMENT $0.60 PER MILE
**MISC. EXPENSES CHARGED AT ACTUAL COST PLUS 10%
223
Item 10.
CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: FRED MAYO, DIRECTOR OF PUBLIC WORKS
RE: AGREEMENT WITH ACCULARM FOR SECURITY MONITORING
SERVICES AT 655 CAL OAK ROAD
DATE: APRIL 2, 2024
SUMMARY
The City Council may consider authorizing the execution of an agreement with Accularm for security services at the new corporation yard located at 655 Cal Oak Road.
DISCUSSION
Accularm has been a contracted vendor for the City for several years and is responsible for monitoring and maintaining the Citywide alarm systems. The need to upgrade and enhance the current alarm facilities at 655 Cal Oak Road, also known as the "New Corporation Yard," is necessary to prevent theft, damage, or vandalism to City property.
This site encompasses approximately 6.5 acres, including the administration building, warehouse, mechanic shop buildings, and all open areas of the site. The proposed enhancements include the installation of cameras, audio alarm horns, and the modernization of the central call monitoring and reporting capabilities of these systems.
These upgrades will significantly elevate the level of protection for our new facility compared to the current setup in place. The fiscal impact is not-to-exceed $75,000.00.
FISCAL IMPACT
Not-to-exceed $75,000.00. $ 37,500 Sewer Enterprise Fund $ 37,500 Local Fiscal Recover Fund
RECOMMENDATION
Authorize the Director of Public Works to execute an agreement with Accularm, subject to legal compliance and approval by the City Attorney, for security services at the new corporation yard located at 655 Cal Oak Road, Oroville, CA. 224
Item 11.
ATTACHMENTS
1. Quote for Intrusion Alarms
2. Quote for Camera System
3. Quote for Outdoor PE Beams Protection
4. Quote for Fire Alarm Monitor Systems
225
Item 11.
City of Oroville Public Works
New Site Intrusion Alarm
655 Cal Oak Rd.
Oroville, CA. 95965
Contact: Fred 530-538-2405
Sales Manager: Seng Phan
3/15/2024 $34.00
Quote valid for 90 days from date submitted $17.00
$153.00
System Type: Owned
Hardware
Part # Qty Description
XR-150 for Main Office 1 Main Office upgrade Control Panel to hadle Cellar 7060 2 Main Office upgrade Keypads - Front, Hall
LED 1 Main Office LED Light Indicator
ELK-1RT 1 Main Office New Exterior Sounder
ELK-100 1 Main Office New Exterior Siren Driver
263-LTEV 1 Main Office Cellar Radio as primary communication Tri-Tech 6 Main Office upgrade Motion Detector
XR-150 for Main Warehouse 1 New Warehouse Main Control Panel 7070 1 New Warehouse Keypad
LED 1 New Warehouse LED Light Indicator
ELK-1RT 1 New Warehouse Exterior Sounder
ELK-100 1 New Warehouse Exterior Siren Driver
263-LTEV 1 New Warehouse Cellar Radio as primary communicator 944 1 New Warehouse Front Door
Nascom 3 New Warehouse Roll UP Door
OP-CDXNAM 3 New Warehosue Long Rang Motion Detectors
944 2 New Warehouse Man Doors
XR-150 for Mechanic Shop 1 New Mechanic Shop Main Control Panel 7070 1 New Mechanic Shop Keypad
LED 1 New Mechanic LED Light Indicator
ELK-1RT 1 New Mechanic Exterior Sounder
ELK-100 1 New Mechanic Exterior Siren Driver
263-LTEV 1 New Mechanic Cellar Radio as primary communication 944 1 New Mechanic Front Door
Nascom 3 New Mechanic Roll Up Doors
Tri-Tech 2 New Mechanic Motion Detectors
335 2 New Interior Sounders - Main Warehouse, Mechanic Shop Misc 1 Misc-Conduits, Back Boxes, Wires
App 1 New App Service for remote arming and disarming
714/8 2 New Zones Expanders
SMP3PM 2 New Power Supplies
Labor 1 Labor to new equipment Total Cost $23,720.00
Main Office - Upgrade to Cellar Accularm will program App Service for remote arming and commication and upgrade Motions disarming
Mian Warehouse will be all new Install
of Equipment
Mechanic Shop will ne all new Install
of equipment
Quote For:
2348 Baldwin Ave
Oroville, CA 95966
(530) 532-0885
(530) 895-0885
(800) 722-2852
Cellar / App
Total Monthly Fees
Basic Monitoring
226
Item 11.
City of Oroville Public Works
New Camera System
655 Cal Oak Rd.
Oroville, Ca 95965
Contact: Fred 530-538-2405
Sales Manager: Seng Phan
3/15/2024
Quote valid for 90 days from date submitted
System Type: Owned
Hardware
Part # Qty Description
RLN16-410 1 New 16 Channels NVR POE IP 24/7 Recording
UPS 1 New Back Up Power Supply
RLC-833A 8 New 4K POE IP Color Cameras
Ares Lock Box 1 New Lock Boxes for Security
CAT-5 1 New Pharmacy CAT 5 Wire
Misc 1 Misc- CAT5
Labor 1 Labor to install new equipment
Installation Cost $7,970.00
Customer will maintain adequte Internet Accularm do not monitor customer recording Services for remote viewing
Quote For:
2348 Baldwin Ave
Oroville, CA 95966
(530) 532-0885
(530) 895-0885
(800) 722-2852
227
Item 11.
City of Oroville Public Works
Outdoor PE Beams Protection
655 Cal Oak Rd.
Oroville, CA.96965
Contact: Fred 530-538-2405
Sales Manager: Seng Phan
3/15/2024
Quote valid for 90 days from date submitted
System Type: Owned
Hardware
Part # Qty Description
SL-650DN 6 New 650' Outdoor PE Beams
SL-350DN 1 New 350' Outdoor PE Beams
SMP3PM 2 New Power Supplies
ELK-1RT 3 New Outdoor Exterior Sounders
Elk-100 3 New Outdoor Exterior Siren Driver
7070 1 New Keypad at Gate
STI-7510B 1 New Keypad Enclosure
Misc 1 Misc - Conduits, Connectors, Waterproof Back Boxes Labor 1 Labor for long wires and conduits runs Total Cost $18,155.00 Accularm will tie the Outdoor PE Beams
the Burglar for monitoring and services
Quote For:
2348 Baldwin Ave
Oroville, CA 95966
(530) 532-0885
(530) 895-0885
(800) 722-2852
228
Item 11.
City of Oroville Public Works
Sprinkler Fire Alarm Monitoirng Systems Two Fire Alarm Monitor Systems for Main Office and 655 Cal Oak Rd. Big Warehouse Sprinkler Waterflows
Oroville, CA. 95965
Contact: Fred 530-538-2405
Sales Manager: Seng Phan
3/15/2024
Quote valid for 90 days from date submitted
$250.00 Per Month
System Type: Owned
Hardware
Part # Qty Description
XF6-100 2 New Fire Alarm Control Panel
630F 2 New Fire Alarm Annunicator
CellcomF-LET-V 2 New Fire Alarm Cellar Radio as primary communication 850D 2 New Fire Alarm Manual Pull Station
2WT-BLX 2 New Fire Alarm Smoke Detector
WH-HSR 2 New FIre Alarm Horn Strobe
869 2 New Fire Module for Waterflow Switch
869 1 New Fire Module for PIV Switch
869 2 New Fire Module for OS&Y Switch
381-2 2 New Fire Cellar Wire Harness
BT-12V7A 2 New Fire Back up Batteries
Misc 1 New Red Fire Wires
Plan 2 New Fire Plan Drawing
Permit 2 New City Permit Fees
Fire Final 2 City Fire Final Inspection
RED Knoxbox 2 Red Fire Knockbox for Fire Dept entry
Fire Sign 2 New Fire Sign for Fire Dept.
SSU00685 2 New Fire Red Storage Cabinet
Labor 1 Labor to install New Fire ALarm Devices per Plan and Total $24,025.00
Accularm will connect to Customer own Accularm will connect to Customer own HVAC Unit for install Tamper Switches only. shut down.
Customer is responsible for the following:
Waterflow Tamper Switch
PIV Tamper Switch Annual Sprinker Inspection include back flow test will be OS&Y Tamper Switch billed sepertly after inspection.
Red 110V Breaker
Red Fire Sprinkler Bell
Break a way Lock and Chain for OS&Y
Customer must provide a dedicated 110V
Power to New Fire Panels
Customer must provide underground PVC
chases to all the PIV, and OS&Y Switches
Quote For:
2348 Baldwin Ave
Oroville, CA 95966
(530) 532-0885
(530) 895-0885
(800) 722-2852
With Cellar
Monitor fees
Fire Alarm
229
Item 11.
CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: FRED MAYO, DIRECTOR OF PUBLIC WORKS
RE: AGREEMENT WITH WILLIAM’S ELECTRIC COMPANY FOR
ELECTRICAL SERVICES AT 655 CAL OAK ROAD
DATE: APRIL 2, 2024
SUMMARY
The City Council may consider authorizing the execution of an agreement with William’s Electrical Company for electrical services.
DISCUSSION
William’s Electric Company has been contacted for commercial electrical services related to the 655 Cal Oak Property (New Corp yard). The proposed enhancements include installation of new electrical tie-in points for the facilities’ security system, and perimeter lighting around the large open bay buildings, warehouse/mechanic shops, and administration building. Additionally, non-functional photocells will be replaced to existing area lighting, in addition to, abandoning electrical service, in various locations, that will allow for demolition.
These upgrades will significantly improve the level of lighting at our new facility compared to the current setup in place. The fiscal impact is not-to-exceed $43,000.00.
FISCAL IMPACT
Not-to-exceed $43,000.00.
$21,500.00 - Sewer Enterprise Fund
$21,500.00 - Local fiscal Recovery Fund
RECOMMENDATION
Authorize the Director of Public Works to execute an agreement with William’s Electric Company for required repairs, new electrical connections, and lighting at the new corporation yard located at 655 Cal Oak Road, Oroville, CA. 230
Item 12.
ATTACHMENTS
1. Quote for Electrical services.
2. Agreement No. ________________
231
Item 12.
ESTIMATE
Services qty unit price amount
Fleet building Small building farthest south on lot 1.0 $4,319.32 $4,319.32 South 5th Corp Yard
Two LED lights. One at each peak of Eve facing east and west tied to photocell existing tie into that circuit with pipe and wire
Safety off unsafe electrical
Safety off unsafe electrical 1.0 $8,389.81 $8,389.81
South 5th Corp Yard
Remove electrical from both 2 old. Saw barns
back pull wire and install traffic rated pull boxes at both locations Clean up extension cord, photocell and other things on switchgear Make sure all unneeded feeders from MCC are in the off position
Truck Barn 1.0 $9,861.62 $9,861.62
South 5th Corp Yard
Three 3 LED lights on a photocell facing on both sides with pipe and wire 3 lights facing west will be 150 watt knuckle mount Three 3 lights under the overhang will be 1x2 high bay total of 6 light
Safety off unsafe electrical
Williams Electric Company
City of Oroville
City Of Oroville
Montgomery
Oroville, Ca 95965
(916) 705-8007
[email protected]
SERVICE ADDRESS
655 Cal Oak Rd
Oroville, CA 95965
CONTACT US
5625 Baggett Marysville Rd
Oroville, CA 95965
(530) 717-3253
[email protected]
ESTIMATE #1453
ESTIMATE DATE Mar 25, 2024
SERVICE DATE Mar 21, 2024
TOTAL $42,064.50
Williams Electric Company CA
lic#1035132
http://williamselectriccompany.com 1 of 2
232
Item 12.
Equipment barn 1.0 $2,684.17 $2,684.17
South 5th Corp yard
Clean up electrical. Troubleshoot lighting
Safety off unsafe electrical
110 power tie in for laser sensor Northeast corner 1.0 $1,736.45 $1,736.45 Thai electrical from Pole to post where laser will be mounted within 50 ft City provides trench and post
Warehouse 1.0 $11,637.96 $11,637.96
South 5th Corp Yard
Three 3 LED lights on a photocell facing on both sides with pipe and wire 3 lights facing west will be 150 watt knuckle mount total of 6 light Electrical laser sensor northwest fence line
Install pipe and wire from panel in Warehouse up to mezzanine level wherefore over to wall penetrate run pipe down exterior building tie into trench fence line. Tie into panel within 150 ft City provides trench and post
Safety off unsafe electrical
Photocells 1.0 $2,763.74 $2,763.74
South 5th Corp Yard
Photocell for existing poles 3 east side of front yard this is to maintain constant power for the alarm laser at the end of the row pointing down front fence towards gate office 1.0 $671.43 $671.43
remove and replace wall pack
city provides permit 1.0 $0.00 $0.00
Services subtotal: $42,064.50
Subtotal $42,064.50
Tax (card 3.5%) $0.00
Total $42,064.50
We appreciate your business. All payments are due upon receipt. A 10% late fee will be added on 10 days after invoice is delivered and 10% every 30 days after that. We appreciate your prompt payment.
Williams Electric Company CA
lic#1035132
http://williamselectriccompany.com 2 of 2
233
Item 12.
CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
RUTH DUNCAN, ASSISTANT CITY ADMINISTRATOR-ADMINISTRATIVE
SERVICES
RE: CITY INVESTMENTS
DATE: MARCH 19, 2024
SUMMARY
The Council may consider investing in US Treasuries with LPL Financial where our CDs are currently held in accordance with the City’s Investment Policy.
DISCUSSION
The opportunity exists to receive consistent income while maintaining safety and liquidity by investing funds in US Treasuries. The City’s Investment Policy allows for 100% allocation to US Treasuries because they are backed by the US Government. As of now, there is no allocation to US Treasuries. This will help diversify the City’s portfolio by adding funds to another asset class. A big reason for this is to avoid interest rate risk.
The Local Agency Investment Fund (LAIF) has seen a substantial rise in its yield; however, it is susceptible to interest rate risk. Short-term rates have likely seen the top, and interest rates will be dropping in the future. Over the next 12-18 months the probability of this is very high.
When this happens, the yield on the LAIF account will drop. With the US Treasuries, there is no danger of interest rate risk. If they are held until maturity, the interest payments will stay the same. The City is considering 2-5 year maturity ranges.
On July 18, 2023, the City Council approved staff to move forward with opening an account with CLASS (California Cooperative Liquid Assets Securities System) Prime and CAMP (California Asset Management Trust) in the amount of $10,000,000 total ($5,000,000 each).
These investment accounts were never opened and staff is requesting to redirect these funds to purchase US Treasuries in the amount of $10,000,000.
US Treasuries have a current yield of 4.00 - 4.25%, while LAIF’s current yield is 4.01% but is subject to interest rate risk in the coming months.
234
Item 13.
The City currently has approximate cash balances as follows:
Operating Account $ 4 million
Local Agency Investment Fund (LAIF) $ 53 million
LPL Financial, CD’s $ 10 million
These investments will come from LAIF and be readily accessible for cash flow purposes anytime.
FISCAL IMPACT
$10,000,000 investment in US Treasuries with maturities in 2-5 years
RECOMMENDATION
Adopt Resolution No.9243 – A RESOLUTION AUTHORIZING THE CITY TO INVEST $10,000,000 IN US TREASURIES, WITH RUTH DUNCAN, ASSISTANT CITY ADMINISTARTOR – ADMINISTRATIVE SERVICES AND BRIAN RING, CITY ADMINISTRATOR AS SIGNATORIES ON THE ACCOUNT.
235
Item 13.
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
CITY OF OROVILLE
RESOLUTION NO. 9243
A RESOLUTION AUTHORIZING THE CITY TO INVEST $10,000,000.00 IN US TREASURIES, WITH RUTH DUNCAN, ASSISTANT CITY ADMINISTRATOR –
ADMINISTRATIVE SERVICES, AND BRIAN RING, CITY ADMINISTRATOR AS SIGNATORIES ON THE ACCOUNT.
NOW, THEREFORE, BE IT RESOLVED by the Oroville City Council as follows:
1. The City is hereby authorized and directed invest $10,000,000 in US Treasuries, and the Council authorizes Assistant City Administrator – Administrative Services Ruth Duncan, and City Administrator Brian Ring to be signatories on the account.
2. The City Clerk shall attest to the adoption of this Resolution.
PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting on April 2, 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:
Scott E. Huber, City Attorney Kayla Reaster, Assistant City Clerk 236
Item 13.
237
Item i.