Ripon City Council
Special Meeting Minutes
MONDAY, AUGUST 28, 2023
SPECIAL MEETING
3:00 PM
The Special Meeting was called to order by Mayor Michael Restuccia at 3:03 PM.
ROLL CALL:
Attendee Name Title Status Arrived
Michael Restuccia Mayor Present
Leo Zuber Vice Mayor Present
Daniel de Graaf Council Member Absent
Gary Barton Council Member Present
Dean Uecker Council Member Remote
OTHERS PRESENT:
City Administrator Kevin Werner, Public Works Director James Pease, Police Chief Ed Ormonde, Lieutenant Danny Sauer, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Hunter Crosby.
1. PUBLIC DISCUSSION
No one from the public wished to speak at this time.
2. TOPICS OF DISCUSSION
1. TRAINING DONATION
Ripon Police Department
Discussion/Action
Accept the donation of $7,500 from Rick
and Valerie Van Unen for the Ripon Police
Department staff to attend carbine training
with Fidelis Integrated Solutions, Inc.
Police Chief Ormonde said this is a monetary donation from Rick and Valerie Van Unen to pay for tactical rifle training. He said many of the officers have already gone through this training, but the department has quite a few new officers and this will be beneficial for them. Ormonde said overtime expenses would be covered by the General Fund.
Motion to accept the donation of $7,500 from Rick and Valerie Van Unen for the Ripon Police Department staff to attend carbine training with Fidelis Integrated Solutions, Inc.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gary Barton, Council Member
SECONDER: Leo Zuber, Vice Mayor
AYES: Restuccia, Zuber, Barton, Uecker
ABSENT: de Graaf
City Council Page 2 August 28, 2023
2. PERCOLATION POND RESTORATION CONTRACT
Triple M Enterprise, Inc.
Discussion/Action
Approve and authorize the Mayor to sign
the contract with Triple M Enterprise, Inc.
to perform restoration work at the Waste
Water Treatment Plant, specifically the
percolation ponds, in the not to exceed
amount of $58,200 (funding source: Sewer
Enterprise Capital Fund).
Public Works Director Pease said staff is requesting Council approve the contract with Triple M Enterprise to perform restoration work on the City’s percolation ponds. He said the City has seven percolation ponds and two of them need restoration work. The work will consist of removing the two to three inches of sludge from the ponds that is preventing them from percolating. Pease said the City hired a consultant to test the ponds and the tests show that the ponds are viable but need sludge removed.
Mayor Restuccia asked if these are the ponds that were built up not long ago. Pease said they are.
Vice Mayor Zuber asked how the rain affected the ponds. Pease said that the heavy rainfall prevented the ponds from drying out, creating sludge.
Pease said staff is hoping to do two more ponds for a total of four, before the rain starts again. Council Member Barton asked if it will cost more to do two more ponds or if they are included in this amount. Pease said the contract only covers two ponds. He said if the weather allows for the restoration of two more ponds, staff will bring back a separate contract.
Motion to approve and authorize the Mayor to sign the contract with Triple M Enterprise, Inc. to perform restoration work at the Waste Water Treatment Plant, specifically the percolation ponds, in the not to exceed amount of $58,200.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Gary Barton, Council Member
AYES: Restuccia, Zuber, Barton, Uecker
ABSENT: de Graaf
City Council Page 3 August 28, 2023
3. CLOSED SESSION
PUBLIC DISCUSSION ON CLOSED SESSION MATTERS: No one from the public wished to speak at this time.
ROLL CALL: Council Members Gary Barton, Vice Mayor Leo Zuber, Mayor Michael Restuccia. Remote: Dean Uecker. Absent: Daniel de Graaf.
OTHERS PRESENT: City Administrator Kevin Werner, Police Chief Ed Ormonde, Lieutenant Danny Sauer, City Clerk Lisa Roos.
IN THE MATTER OF:
(1) Conference with Labor Negotiators
Labor negotiations pursuant to Section 54957.6 of the California Government Code. (a) Ripon Sergeants Association
(b) Unrepresented Employees
Return to open session.
Mayor Restuccia said staff was given direction and no reportable action was taken.
4. ADJOURNMENT
There being no further business, the meeting was adjourned at 3:27 PM. (Signed) Mike Restuccia
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ed Ormonde, Chief of Police
Date: 08/28/2023
Subject: Training Donation
RECOMMENDED ACTION:
Accept the donation of $7,500 from Rick and Valerie Van Unen for the Ripon Police Department staff to attend carbine training with Fidelis Integrated Solutions, Inc.
BACKGROUND:
This is an advanced course designed to enable effective tactical employment of a carbine.
Officers will execute contextual shooting drills to validate skills within the course.
This training will not impact the department’s patrol or dispatch coverage, as the department will ensure patrol staffing is maintained during the training.
Attachments:
1. Van Unen Donation
2.1 Packet Pg. 4
2.1.a
Packet Pg. 5
Attachment: Van Unen Donation (3963 : Training Donation) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 08/28/2023
Subject: Triple M Enterprise, Inc.
RECOMMENDED ACTION:
Approve and authorize the Mayor to sign the contract with Triple M Enterprise, Inc. to perform restoration work at the Waste Water Treatment Plant, specifically the percolation ponds, in the not to exceed amount of $58,200 (funding source: Sewer Enterprise Capital Fund).
Attachments:
1. Percolation Pond Restoration Contract
2.2 Packet Pg. 6
CITY OF RIPON
SAN JOAQUIN COUNTY, CALIFORNIA
SPECIFICATIONS
0BFOR
Percolation Pond Restoration Project
2.2.a
Packet Pg. 7
Attachment: Percolation Pond Restoration Contract (3962 : Triple M Enterprise, Inc.)
TABLE OF CONTENTS
DESCRIPTION SECTION
PROPOSAL………………………………………………………………. SECTION 1
CONTRACT……………………………………………………………….SECTION 2
INSURANCE REQUIREMENT FOR CONTRACTORS.................….SECTION 3
2.2.a
Packet Pg. 8
Attachment: Percolation Pond Restoration Contract (3962 : Triple M Enterprise, Inc.)
CITY OF RIPON
PROPOSAL
SECTION 1
2.2.a
Packet Pg. 9
Attachment: Percolation Pond Restoration Contract (3962 : Triple M Enterprise, Inc.) Triple M Enterprises, Inc.
25450 S. Mohler Rd.
Ripon, CA 95366
Phone (209) 599-3112
Fax (209) 599-7651
Cont. Lic. No.: 993807
August 23, 2023
----Estimate Valid For 30 Days----
ITEM DESCRIPTION UNIT QUANT. RATE AMOUNT
A. MOBILIZATION (Moving In and Out)
1 CAT D8 (Includes Shank Switch) EA 1 $1,500.00 $1,500.00 2 "DIR" Registration EA 1 $400.00 $400.00
SUB-TOTAL $1,900.00
B. PERIMETER SLOPE REPAIR
1 HR 32 $250.00 $8,000.00
2 HR 32 $355.00 $11,360.00
3 HR 0 $215.00 $0.00 Not Included
SUB-TOTAL $19,360.00
C. SKIM SLUDGE OUT OF POND
1 HR 32 $250.00 $8,000.00
2 HR 32 $375.00 $12,000.00
3 Cat D8 HR 8 $355.00 $2,840.00
4 HR 0 $215.00 $0.00 Not Included
SUB-TOTAL $22,840.00
D. LASER FINISH BOTTOM OF PONDS
1 JD 9520R Laser Scraper HR 16 $350.00 $5,600.00
SUB-TOTAL $5,600.00
E. RIP POND BOTTOMS
1 Cat D8 HR 24 $355.00 $8,520.00
SUB-TOTAL $8,520.00
Estimated Total: $58,220.00
Cat 140G
Cat 623B
Cat D8
Cat 140G
Water Truck
ESTIMATE OF COSTS FOR:
City of Ripon Emergency Pond Maintenance - Ponds 1 & 2 ONLY Ripon, CA
Water Truck
2.2.a
Packet Pg. 10
Attachment: Percolation Pond Restoration Contract (3962 : Triple M Enterprise, Inc.) 1 CONTRACTOR:__________________________________________________________________________ ADDRESS: ___________________________________________TELEPHONE NO.: ___________________ CONTRACTOR’S LICENSE NO.: ___________________ LICENSE EXPIRATION DATE: _______________ PUBLIC WORKS REGISTRATION (PWCR) NO: ______________
BY: _________________________________ TITLE:_________________________ The contractors’ license number and expiration date stated herein are made under penalty or perjury.
2.2.a
Packet Pg. 11
Attachment: Percolation Pond Restoration Contract (3962 : Triple M Enterprise, Inc.)
CITY OF RIPON
CONTRACT
SECTION 2
2.2.a
Packet Pg. 12
Attachment: Percolation Pond Restoration Contract (3962 : Triple M Enterprise, Inc.) 1 CONTRACT FOR
Percolation Pond Restoration Project
RIPON, CALIFORNIA
This Contract made and entered into this 28th day of August , 2023 by and between the CITY OF RIPON, hereinafter called the "City" whose office and principal place of business is in Ripon, San Joaquin County, California, and Triple M Enterprises, Inc. hereinafter called the "Contractor", who’s Post Office address is 25450 S. Mohler Rd. Ripon, CA 95366.
- WITNESSETH -
That the City has awarded to the Contractor upon his proposal duly submitted, the Contract for doing the work and furnishing the materials and equipment described in the Plans and Specifications bound herewith, on the terms stated as follows:
1. Contractor Agrees:
a) To do all the work and furnish all labor, material, equipment and appliances to complete the work in accordance with the plans and specifications. b) To do and perform said work diligently as directed by the City until completion is evidenced by written acceptance.
c) To complete said work within 30 calendar days.
d) To furnish to the City within five (5) days after signing of Contract a surety bond for the faithful performance of the Contract and also a labor-material bond, each in the sum of one hundred (100%) percent of the Contract price. e) To do and perform the work contemplated hereby and furnish all labor, material, appliances, equipment, tools, and pay all taxes therefore, in the amount and at the prices specified in the proposal form submitted by the Contractor, a conformed copy of which is attached to and made a part of the Contract.
f) To procure and maintain Commercial General Liability, Automobile Liability, Workers’ Compensation and Employers’ Liability coverage forms and endorsements, as specified in the Insurance Requirements for Contractors. g) That the obligation to procure and maintain the required insurance coverage is independent of the Contractor’s obligation to defend, hold harmless and indemnify the City as specified in this Contract. The failure of the Contractor to procure and maintain the required liability insurance does not in any way negate the Contractor’s obligations in this Contract.
h) That in the event of loss due to any of the perils for which it has agreed to
2.2.a
Packet Pg. 13
Attachment: Percolation Pond Restoration Contract (3962 : Triple M Enterprise, Inc.) 2 provide liability insurance coverage, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to the City, on behalf of any insurer providing liability coverage to either Contractor or City, a waiver of any right to subrogation which any such insurer of the Contractor may acquire against the City by virtue of the payment of any loss under such insurance. i) Wherever and whenever the word “City” is used in this Contract, it shall mean the “City of Ripon.” This shall also apply to the Insurance Requirements for Contractors, as well as to the Proposal, Contract, Specifications and all required bonds. The address of the City is 259 North Wilma Avenue, Ripon, CA 95366.
2. The City agrees to pay the Contractor the Contract prices provided for herein in the following manner:
a) Progress payments will be made monthly for this contract. At the completion of all the work detailed on the plans and in the specifications for “PERCOLATION POND RESTORATION PROJECT", the contractor shall submit a payment request for ninety (90%) percent of the total value of the work. Forty (40) days after the completion of the work and its acceptance by the City, including filing a Notice of Completion with the San Joaquin County Recorder's Office, the full amount due to the Contractor and then unpaid, less any previous payments and deductions provided for herein, if any there may be, shall be paid by the Owner to the Contractor.
3. It is further agreed by the parties that before each payment is made as provided above, receipts and releases of liens of all kinds for all labor and materials and all other indebtedness connected with the work shall be presented to the City by the Contractor upon the request of the City.
4. It is expressly understood and agreed that a waiver of any of the conditions or covenants of this Contract shall not be considered a waiver of any of the provisions hereof.
5. All provisions of the Occupational Safety and Health Administration Code (OSHA), and California Occupational Safety and Health Administration Code (CAL-OSHA), as they apply to this project, shall be followed.
6. It is mutually agreed and understood that the complete Contract shall consist of the following component documents, all of which are fully a part hereof as if herein set out in full, or if not attached, as if hereto attached:
Accepted Proposal
Contract
City of Ripon Standard Specifications
2.2.a
Packet Pg. 14
Attachment: Percolation Pond Restoration Contract (3962 : Triple M Enterprise, Inc.) 3 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate, on the day and year first above written.
BY:
(CITY OF RIPON)
CONTRACTOR:
BY:
TITLE:
2.2.a
Packet Pg. 15
Attachment: Percolation Pond Restoration Contract (3962 : Triple M Enterprise, Inc.) 4 HOLD HARMLESS AND INDEMNIFICATION
Contractor hereby agrees to defend, hold harmless and indemnify the City, its officers, public officials, employees and volunteers from and against any and all liabilities, loss, damage, expenses (including without limitation the costs and fees associated with any associated litigation) of any nature arising out of or in connection with the work performed by the Contractor or Contractors employees or agents, or by the Contractor’s failure to comply with the obligations specified in this Contract, except such loss or damage caused by the sole negligence, active negligence, or willful misconduct of the City, its officers, public officials, employees or volunteers.
Contractor: Triple M Enterprises, Inc.
_______________________________________________________ By _____________________________________ Date_________________
2.2.a
Packet Pg. 16
Attachment: Percolation Pond Restoration Contract (3962 : Triple M Enterprise, Inc.) 1 \\rcityfs2\users\jpease\Desktop\Public Works\Wastewater\2023 Pond Restoration\Contract\(5)Insurance Requirements.doc
CITY OF RIPON
INSURANCE REQUIREMENTS
FOR CONTRACTORS
SECTION 3
2.2.a
Packet Pg. 17
Attachment: Percolation Pond Restoration Contract (3962 : Triple M Enterprise, Inc.) 2 \\rcityfs2\users\jpease\Desktop\Public Works\Wastewater\2023 Pond Restoration\Contract\(5)Insurance Requirements.doc
INSURANCE REQUIREMENTS FOR CONTRACTORS
BIDDER’S ATTENTION IS DIRECTED TO THE INSURANCE REQUIREMENTS BELOW. IT
IS HIGHLY RECOMMENDED THAT BIDDERS CONSULT WITH THEIR RESPECTIVE
INSURANCE AGENTS, BROKERS OR CARRIERS TO DETERMINE IN ADVANCE OF BID
SUBMISSION THE AVAILABILITY OF CERTIFICATES OF INSURANCE AND ENDORSEMENTS AS PRESCRIBED HEREIN. IF AN APPARENT LOW BIDDER FAILS TO
COMPLY WITH THE INSURANCE REQUIREMENTS IN THIS PROPOSAL, THAT BIDDER MAY BE DISQUALIFIED FROM BEING AWARDED THE CONTRACT.
Contractor shall procure and maintain for the duration of the contract the required insurance against claims for injuries to persons or damage to property, which may arise from or in connection with the performance of the work of the Contractor, its agents, employees, representatives, and subcontractors. The cost of such insurance shall be included in the contractor’s bid.
A. MINIMUM SCOPE OF INSURANCE
1. Commercial General Liability coverage at least as broad as the Insurance Services Office, Inc. (ISO Form CG 00 01) with limits of liability of at least $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance forms or other forms with a general aggregate limit are used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be $2,000,000.
2. An Additional Insured Endorsement to the Commercial General Liability coverage form naming the City as an insured at least as broad as ISO form CG 20 37 10 01 entitled ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORSCOMPLETED OPERATIONS.
3. Business Auto Liability coverage at least as broad as ISO form CA 00 01 with limits of liability of at least $1,000,000 combined single limit per accident for bodily injury and property damage, covering any automobile owned, leased, hired or borrowed by the Contractor, its agents, representatives, or employees, or for which the Contractor is responsible.
4. An Automobile Liability Special Endorsement at least as broad as Exhibit 1 (attached) to the Business Auto Liability form naming the City as an insured with regard to damages and the defense of claims arising out of use of any automobile for which the Contractor is responsible. (In the alternative, the Contractor may provide a Designated Insured Endorsement form at least as broad as ISO Form CA 00 01).
5. Workers’ Compensation coverage for the Contractor’s employees with limits as required by California law, and Employers Liability coverage with limits of liability of at least $1,000,000 per accident or occurrence.
2.2.a
Packet Pg. 18
Attachment: Percolation Pond Restoration Contract (3962 : Triple M Enterprise, Inc.) 3 \\rcityfs2\users\jpease\Desktop\Public Works\Wastewater\2023 Pond Restoration\Contract\(5)Insurance Requirements.doc
6. A Certificate of Liability Insurance showing evidence of the above liability coverages prior to the commencement of work.
B. MINIMUM LIMITS OF INSURANCE
Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage
(Including operations, If Commercial General Liability
products and completed insurance or other form with a
operations.) general aggregate limit shall apply
separately to this project/locations or
the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease
C. DEDUCTIBLES AND SELF-INSURED RETENTIONS
Any deductibles or self-insured retentions must be declared to and approved by the City.
At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, public officials, employees and volunteers, or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
D. OTHER INSURANCE PROVISIONS
The Commercial General Liability and Automobile Liability policies are to contain, or be endorsed to contain the following provisions:
1. The City, its officers, public officials, employees and volunteers are to be covered as insured’s with respect to liability and defense arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (CG 20 10), or as a separate owner’s policy.
2. For any claims related to this project, the Contractor’s liability insurance coverage shall be primary insurance as respects the City, its officers, public officials,
2.2.a
Packet Pg. 19
Attachment: Percolation Pond Restoration Contract (3962 : Triple M Enterprise, Inc.) 4 \\rcityfs2\users\jpease\Desktop\Public Works\Wastewater\2023 Pond Restoration\Contract\(5)Insurance Requirements.doc employees and volunteers. Any insurance of self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.
4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the California Civil Code.
5. The Contractor agrees that any and all liability insurance coverages available to it as a named insured will be applicable to the City as an Additional Insured.
6. If other than ISO forms are used by the insurer(s) for the Contractor, each form used will require individual review and approval by the City of Ripon.
E. ACCEPTABILITY OF COMMERCIAL INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than “A: VII.”
F. VERIFICATION OF COVERAGE
Contractor shall furnish the City with Certificates of Liability Insurance and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the Entity’s forms, provided those endorsements or policies conform to the requirements of the Contract. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
G. SUBCONTRACTORS
Contractor shall include all subcontractors as insured’s under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the insurance requirements stated herein.
H. DEFENSE, HOLD HARMLESS AND INDEMNIFICATION
Contractor shall defend, hold harmless and indemnify the City, its officers, public officials, employees and volunteers from and against any and all liabilities, loss, damage,
2.2.a
Packet Pg. 20
Attachment: Percolation Pond Restoration Contract (3962 : Triple M Enterprise, Inc.) (5)Insurance Requirements.doc 5 EXHIBIT A
expenses (including without limitation the costs and fees associated with any associate litigation) of any nature arising out of or in connection with the work performed by the Contractor, or by the Contractor’s failure to comply with the obligation specified in this Proposal, except such loss or damage caused by the sole negligence or willful misconduct of the City, its officers, public officials, employees or volunteers I. FOR CONSTRUCTION RISKS
If this is a Proposal and Contract that involves a construction risk, in addition to the Insurance Requirement specified above, the Contractor shall procure and maintain Course of Construction (Builder’s Risk) insurance covering all risks of loss with limits of liability of not less than the completed value of the project with no coinsurance penalty provisions.
The Course of Construction insurance policies shall contain the following provisions:
1. The City shall be named as loss payee, and
2. The insurer shall waive all rights of subrogation against the City.
2.2.a
Packet Pg. 21
Attachment: Percolation Pond Restoration Contract (3962 : Triple M Enterprise, Inc.) 6 INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:
ATTN:
(Title) (Department)
(Company)
(Street Address)
(City) (Street) (Zip Code)
( ) (Telephone)
2.2.a
Packet Pg. 22
Attachment: Percolation Pond Restoration Contract (3962 : Triple M Enterprise, Inc.) 7 SIGNATURE OF INSURER OR
AUTHORIZED REPRESENTATIVE OF THE INSURER
I, _____________________________________________(print/type name), warrant that I have the authority to bind the below listed insurance company and by my signature Hereon do so bind this company.
____________________________________________________
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original signature required on
Endorsement furnished to the City)
ORGANIZATION: ________________________________________________________ TITLE: _________________________________________________________________ ADDRESS:
TELEPHONE: ( )
NOTE: This form must be signed by the “Authorized
Representative” NOT the Contractor.
2.2.a
Packet Pg. 23
Attachment: Percolation Pond Restoration Contract (3962 : Triple M Enterprise, Inc.)