Ripon City Council
Special Meeting Minutes
WEDNESDAY, NOVEMBER 8, 2023
SPECIAL MEETING
3:30 PM
The Special Meeting was called to order by Mayor Michael Restuccia at 3:30 PM.
ROLL CALL:
Attendee Name Title Status Arrived
Michael Restuccia Mayor Present
Leo Zuber Vice Mayor Present
Daniel de Graaf Council Member Present
Gary Barton Council Member Present
Dean Uecker Council Member Present
OTHERS PRESENT:
City Administrator Kevin Werner, City Attorney Tom Terpstra, Public Works Director James Pease, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore.
1. PUBLIC DISCUSSION
No one from the public wished to speak at this time.
2. TOPICS OF DISCUSSION
A. 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 $58,700 (funding source: Sewer
Enterprise Capital Fund).
Public Works Director Pease said this item is a contract with Triple M Enterprises to perform restoration work on percolation ponds 1 and 2 at the Waste Water Treatment Plant. He said the restoration work that was done on ponds 6 and 7 was successful. Pease said pond 3 also needs to be restored but is not ready as of the time of this contract. He said staff might bring another contract to Council to restore Pond 3 when it is ready.
City Council Page 2 November 8, 2023
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 $58,700.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER: Gary Barton, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
3. ADJOURNMENT
There being no further business, the meeting was adjourned at 3:34 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: James Pease, Public Works Director
Date: 11/08/2023
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 $58,700 (funding source: Sewer Enterprise Capital Fund).
Attachments:
1. Percolation Pond Restoration Contract
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CITY OF RIPON
SAN JOAQUIN COUNTY, CALIFORNIA
SPECIFICATIONS
FOR
Percolation Pond Restoration Project
ENGINEER’S CERTIFICATIONS:
These Contract Documents have been prepared by,
or under the direct supervision of, the following Professional Engineer:
Kevin Werner, P.E.
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
209.599.2108
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Attachment: Percolation Pond Restoration Contract (4043 : Triple M Enterprise, Inc.) Rev_6/2022
i
TABLE OF CONTENTS
GENERAL INFORMATION – SECTION 1 ............................................................................................................... 1 PROPOSAL – SECTION 2...................................................................................................................................... 2 CONTRACT DOCUMENTS – SECTION 3 ................................................................................................................ 3 CONTRACT....................................................................................................................................................................3 INSURANCE REQUIREMENTS – SECTION 4........................................................................................................... 6
END OF TABLE OF CONTENTS
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Attachment: Percolation Pond Restoration Contract (4043 : Triple M Enterprise, Inc.) Percolation Pond Restoration Project GENERAL INFORMATION Page | 1
GENERAL INFORMATION – Section 1
1. Project Information. The Project is located at Ripon Wastewater Treatment Plant. The work comprises the furnishing of all labor, materials, tools, and equipment required to complete this project as detailed on the proposal.
2. License and Registration Requirements
2.1 Contractor’s License. This Project requires a valid California Contractor’s License for the following classification(s): A. Per Public Contract Code §10164, the Contractor must be properly licensed as a contractor from contract award through Contract acceptance.
2.2 City of Ripon Business License. Per Municipal Code Section 5.04.020, a City Business License is required for anyone wishing to carry on commerce within the corporate City limits. Documentation evidencing Contractors Business License is required within fourteen (14) calendar days after City’s issuance of Award.
2.3 DIR Registration. City will not enter into a Contract with a contractor without proof that the contractor and its subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work under Labor Code Section 1725.5, subject to limited legal exceptions.
3. Labor Compliance
3.1 General. This Project is subject to the prevailing wage requirements applicable to the locality in which the work is to be performed for each craft, classification or type of worker needed to perform the work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes.
3.2 Rates. The prevailing rates are on file with the City Clerk and available online at http://www.dir.ca.gov/DLSR. It shall be mandatory upon the Contractor to whom a contract is awarded, and upon all subcontractors under him, to pay not less than said general prevailing rates of per diem wages to all workers employed in the execution of the contract.
3.3 Compliance. The Contract will be subject to compliance monitoring and enforcement by the DIR, under Labor Code Section 1771.4.
4. Questions and Requests for Information or Clarification. All questions, requests for information and requests for clarification regarding the Project shall be directed to the following:
James Pease
259 N. Wilma Ave., Ripon, CA 95366
209-599-2108 (phone)
209-599-2685 (fax)
[email protected]
END OF GENERAL INFORMATION
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Attachment: Percolation Pond Restoration Contract (4043 : Triple M Enterprise, Inc.) Percolation Pond Restoration Project PROPOSAL
Page | 2
PROPOSAL – Section 2
Proposal
Percolation Pond Restoration Project
Triple M Enterprises, Inc. (“Contractor”) hereby submits the attached Proposal to the City of Ripon (“City”) for the above-referenced project (“Project”).
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Attachment: Percolation Pond Restoration Contract (4043 : Triple M Enterprise, Inc.) Triple M Enterprises, Inc.
25450 S. Mohler Rd.
Ripon, CA 95366
Phone (209) 599-3112
Cont. Lic. No.: 993807
ITEM DESCRIPTION UNIT QUANT. RATE AMOUNT
A. MOBILIZATION
1 Moving Equipment In and Out EA 1 $1,500.00 $1,500.00
SUB-TOTAL $1,500.00
B. PERIMETER SLOPE REPAIR
1 HR 32 $255.00 $8,160.00
2 HR 32 $360.00 $11,520.00
3 HR 0 ----- -----> Not Included
SUB-TOTAL $19,680.00
C. SKIM SLUDGE OUT OF POND
1 HR 32 $255.00 $8,160.00
2 HR 32 $380.00 $12,160.00
3 Cat D8 HR 8 $360.00 $2,880.00
4 HR 0 ----- -----> Not Included
SUB-TOTAL $23,200.00
D. LASER FINISH BOTTOM OF PONDS
1 JD 9520R Laser Scraper HR 16 $355.00 $5,680.00
SUB-TOTAL $5,680.00
E. RIP POND BOTTOMS
1 Cat D8 HR 24 $360.00 $8,640.00
SUB-TOTAL $8,640.00
Estimated Total: $58,700.00
NOTES:
1 2
3 4
5 This estimate assumes stable soil in a "non-pumping" condition. Wet or unstable soil conditions from things like inclement (rainy) weather or sub-surface/groundwater seepage will cause cost increases and project delays.
Prior to commencing work, Client shall pothole and positively locate any utilities within the work area.
Triple M Enterprises shall not be held responsible for broken concrete or damage to private pipes/utilities where heavy equipment is operating on top of it.
No costs for overtime have been included. Estimate assumes a standard 5 day, 40 hour work week. Client subject to additional charges if client wishes to accelerate project schedule by working overtime.
List of abbreviations used: EA=Each; HR=Hours -or- Hourly; QUANT.=Quantity Water Truck
ESTIMATE OF COSTS FOR:
City of Ripon Emergency Pond Maintenance - Westerly Two Ponds (1 & 2) ONLY Ripon, CA
November 2, 2023
----Estimate Valid For 30 Days----
Cat 140G
Cat 623B
Cat D8
Cat 140G
Water Truck
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Attachment: Percolation Pond Restoration Contract (4043 : Triple M Enterprise, Inc.) Percolation Pond Restoration Project CONTRACT
Page | 3
CONTRACT DOCUMENTS – Section 3
Contract
For
Percolation Pond Restoration Project
This Contract made and entered into this 8th day of November, 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", whose Post Office address is 25450 S. Mohler Rd., Ripon, CA 95366.
- WITNESSETH -
That the City has awarded to the Contractor upon his bid 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 the time stated in the proposal. d) 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. e) To procure and maintain Commercial General Liability, Automobile Liability, Workers’ Compensation and coverage forms and endorsements, as specified in “Insurance Requirements – Section 4”.
f) 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.
g) That in the event of loss due to any of the perils for which it has agreed to 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
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Attachment: Percolation Pond Restoration Contract (4043 : Triple M Enterprise, Inc.) Percolation Pond Restoration Project CONTRACT
Page | 4
which any such insurer of the Contractor may acquire against the City by virtue of the payment of any loss under such insurance.
h) 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. i) To indemnify and hold harmless City, its officers, employees, agents and volunteers from and against all liability, loss, damage, expense, and cost (including, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage caused by the active negligence or willful misconduct of the City. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
2. The City agrees to pay the Contractor the Contract prices provided for herein in the following manner:
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 the above named project, the contractor shall submit a payment request for one hundred percent (100%) of the total value of the work.
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 City of Ripon Standard Specifications Contract State of California Standard Specifications
Project Plans and Specifications
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Attachment: Percolation Pond Restoration Contract (4043 : Triple M Enterprise, Inc.) Percolation Pond Restoration Project CONTRACT
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate, on the day and year first above written.
“CONTRACTOR” “CITY”
Triple M Enterprises, Inc. CITY OF RIPON, a Municipal Corporation By: By:
Michael Restuccia, Mayor
END OF CONTRACT
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Attachment: Percolation Pond Restoration Contract (4043 : Triple M Enterprise, Inc.) Percolation Pond Restoration Project INSURANCE REQUIREMENTS Page | 6
INSURANCE REQUIREMENTS – Section 4
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. General Liability
Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability and coverage for explosion, collapse and underground property damage hazards. Contractor’s general liability policies shall be primary and noncontributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.
2. Auto Liability
Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident.
3. Workers’ Compensation
Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
B. 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.
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Attachment: Percolation Pond Restoration Contract (4043 : Triple M Enterprise, Inc.) Percolation Pond Restoration Project INSURANCE REQUIREMENTS Page | 7
C. 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.
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, employees and volunteers.
3. Any insurance or 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.
4. Each insurance policy required by this clause 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.
5. 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.
6. 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.
7. 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.
D. 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.”
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Attachment: Percolation Pond Restoration Contract (4043 : Triple M Enterprise, Inc.) Percolation Pond Restoration Project INSURANCE REQUIREMENTS Page | 8
FOR CONSTRUCTION RISKS
If this is a Proposal and Contract that involves a construction risk, in addition to the Insurance Requirements 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.
SUBCONTRACTORS
Contractor shall include all subcontractors as insureds 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.
END OF INSURANCE REQUIREMENTS
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Attachment: Percolation Pond Restoration Contract (4043 : Triple M Enterprise, Inc.)