Labor Compliance Consulting Services – City of Ripon Senior Center Project o Maintain project file in compliance based on funding sources; • Payroll Reviews and Statement of Compliance
o Obtain and review weekly certified payrolls.
o Obtain and maintain all required reporting documents for the funding sources o Ensure compliance prior to payment.
o Review construction logs (as available) and compare to payrolls submitted for compliance
o Review interview data and compare to payrolls submitted. o Verify Bona Fide Fringe Benefit plans and CAC payments. o Issue Labor Compliance Report to General Contractor for any errors identified in payroll and Labor Compliance documents required for compliance. o Assessment and collection of restitution and other payments if required to include formalized communication and documentation,
• Section 3 Compliance and reporting
• Employee interviews (2 site visits)
We would propose a flat rate of $10,500 for the services described above which would be billed on the following schedule: July - $2,500; August - $2,500; September - $2,500; October - $3,000.
We look forward to reviewing the updated information with your team and discussing the next steps in the process of kicking off your project. Please reach out to me if you have any questions or need anything else at this time.
Thank you,
Paul Ashby
Principal, Adams Ashby Group, Inc.
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Packet Pg. 212 Attachment: Exhibit A_Proposal (4262 : Adams Ashby Group, Inc.) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 06/11/2024
Subject: BaseCamp Environmental, Inc.
RECOMMENDATION
Approve and authorize the Mayor to sign the Professional Services Agreement with BaseCamp Environmental, Inc. to provide on-call environmental consulting services for small capital projects, grant applications, or maintenance projects in the not to exceed amount of $25,000 (funding source: varies by construction project funding source).
BACKGROUND
BaseCamp Environmental, Inc. has successfully been providing environmental services for City capital projects since 2016. Typically, the City Council has approved a specific scope and fee for each City capital project. Below is a summary of the recent capital projects the City has contracted with BaseCamp Environmental, Inc. for environmental services:
At the September 13, 2016 City Council meeting, Council approved the General Services Agreement with BaseCamp Environmental, Inc. in the not to exceed amount of $22,000 to provide environmental services required for the River Road Intersection Project.
At the March 10, 2020 City Council meeting, Council approved the General Services Agreement with BaseCamp Environmental, Inc. in the not to exceed amount of $39,613 to provide environmental services required for the Lower Stanislaus Multi-Use Trail Project.
At the June 13, 2023 City Council meeting, Council approved the General Services Agreement with BaseCamp Environmental, Inc. in the not to exceed amount of $57,673.75 to provide environmental services required for the South County Water Supply Project Pipeline and Pump Station Project.
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DISCUSSION/ANALYSIS
This process of project specific agreements works well for the larger capital projects completed by the City. For the smaller capital projects, grant applications, or maintenance projects where staff needs environmental assistance, staff is recommending the City Council approve an on-call Professional Services Agreement with BaseCamp Environmental, Inc. in the not to exceed amount of $25,000.
FISCAL IMPACT
The cost to complete the work within the proposal is for a not-to exceed amount of $25,000, which will be allocated to the project funding source.
Attachments:
1. Services Agreement_BaseCamp Environmental, Inc
2. Exhibit A_Proposal
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Attachment: Services Agreement_BaseCamp Environmental, Inc (4277 : BaseCamp Environmental, Inc.)
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Attachment: Services Agreement_BaseCamp Environmental, Inc (4277 : BaseCamp Environmental, Inc.)
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Attachment: Services Agreement_BaseCamp Environmental, Inc (4277 : BaseCamp Environmental, Inc.)
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Attachment: Services Agreement_BaseCamp Environmental, Inc (4277 : BaseCamp Environmental, Inc.)
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Attachment: Services Agreement_BaseCamp Environmental, Inc (4277 : BaseCamp Environmental, Inc.)
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Attachment: Services Agreement_BaseCamp Environmental, Inc (4277 : BaseCamp Environmental, Inc.)
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Attachment: Services Agreement_BaseCamp Environmental, Inc (4277 : BaseCamp Environmental, Inc.) Exhibit A 1.4.K.b
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Attachment: Exhibit A_Proposal (4277 : BaseCamp Environmental, Inc.)
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Attachment: Exhibit A_Proposal (4277 : BaseCamp Environmental, Inc.) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 06/11/2024
Subject: Agreement Amendment Law Office of Thomas H. Terpstra RECOMMENDED ACTION:
Approve and authorize the Mayor to sign the First Amendment to the Agreement with the Law Office of Thomas H. Terpstra to provide legal services for the City of Ripon.
BACKGROUND:
Tom Terpstra has served as City Attorney since 1993. After working as a partner at Neumiller and Beardslee and Herum Crabtree, in 2007, he relocated his office from Stockton to Ripon.
Since that time, the City Attorney’s base hourly rate has remained at $295 per hour and the Deputy City Attorney’s rate at $195 per hour.
DISCUSSION:
The Law Office of Thomas H. Terpstra is requesting that we amend their agreement for legal services to increase the billing rate for the City Attorney from $295/hour to $325/hour and increase the Deputy City Attorney rate from $195/hour to $250/hour.
Below is a summary of the contracted City Attorney hourly rates from surrounding cities:
City Hourly Rate
Escalon $327
Modesto $325
Oakdale $239
FISCAL IMPACT:
The estimated fiscal impact of this increase would be $18,000 per year.
Attachments:
1. 06 03 24 First Amendment to Agreement for Legal Services
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First Amendment to Agreement for Legal Services
This First Amendment to the Agreement for Legal Services dated November 9, 2021 is made and entered into by and between the City of Ripon and the Law Office of Thomas H Terpstra and shall be deemed dated and effective as of June 11, 2024.
1. Amendment of Agreement. Subsections A(b) and A(c) of Section 3 of the Agreement entitled “Compensation” is hereby amended to modify the rate structure for compensation as follows:
b For all other matters not specified in subsection (a) of this Section 3, the City Attorneys hourly rate shall be $325 per hour.
c For Deputy City Attorneys, the hourly rate shall be $250 per hour.
REMAINING TERMS AND CONDITIONS NOT AFFECTED. Unless expressly amend herein, the remaining terms and conditions of the Agreement for Legal Services dated November 9, 2021, shall remain in full force and effect.
CITY OF RIPON LAW OFFICE OF THOMAS H. TERPSTRA
____________________________________ ____________________________________________ Leo Zuber, Mayor Thomas H. Terpstra
ATTEST
___________________________________
Lisa Roos, City Clerk
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Packet Pg. 225 Attachment: 06 03 24 First Amendment to Agreement for Legal Services (4280 : Agreement Amendment Law Office of Thomas H. Terpstra) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 06/11/2024
Subject: First Amendment to Stantec Consulting Services, Inc. Services Agreement RECOMMENDED ACTION:
Approve and authorize the Mayor to sign Amendment No. 1 to the Professional Services Agreement with Stantec Consulting Services, Inc. for additional funds needed to evaluate the condition of Well 9 and the feasibility of installing a new well at the existing site in the not to exceed amount of $105,776 (funding source: Water Enterprise Capital Fund).
BACKGROUND:
Well 9 is a potable water well located on Reynolds Avenue, adjacent to the bike bridge parking lot. The well was constructed in 1989 to a depth of 200 feet and at that time produced 1,500 gallons per minute (gpm) of water for the City’s potable water system. In 2007, the City constructed a coagulation/filtration system to treat the groundwater to levels that are within state and federal safe drinking water standards. The well is currently not in use because the capacity has dropped from 1,500 gpm to less than 500 gpm, which no longer justifies the expense of costly well head treatment.
At the March 12, 2024 City Council meeting, Council approved the Professional Services Agreement with Stantec Consulting Services, Inc. in the not to exceed amount of $193,145 to evaluate the condition of Well 9 and the feasibility of installing a new well at the existing site, suggesting the following options to move forward:
Identify improvements to Well 9 to increase pumping capacity to a level where it can become a productive potable water well. If that is not possible, consider connecting Well 9 to the non-potable water system.
Evaluate drilling a new well on the existing site at a deeper depth to produce sufficient water that does not require a well head treatment system. If a well head treatment system is required, evaluate if sufficient capacity is available to justify the cost of well head treatment.
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Stantec’s proposals included the drilling of a test well to a depth of 600 feet and perform water quality testing at the different aquifers to provide the data needed to determine the feasibility of developing a new well at the Well 9 site.
DISCUSSION/ANALYSIS:
The following is a summary of the bids originally received by Stantec for a drilling contractor:
Altamont Water Well and Pump: $150,645
Nor-Cal Pump and Well Drilling: $256,421
Roadrunner Drilling: $341,990
Maggiora Bros. Drilling Inc.: $377,025
The drilling contractor Stantec originally selected based on the bid prices for the Well 9 Evaluation and Condition Assessment (Altamont Water Well and Pump) is no longer available to perform the requested work.
To proceed with the project as originally scoped, staff is requesting to move forward with the second lowest bidder, Nor-Cal Pump and Well Drilling. Stantec requested an amendment of $105,776 as summarized below, to cover the increase in cost.
Task
Original
Contract
Price
Amended
Contract
Price Dif
Field and Technical Services $16,500 $16,500 $0.00
Well Driller $150,645 $256,421 $105,776
Condition Assessment & Test Boring Technical Memo $15,000 $15,000 $0.00 Preparation of Well Design and Technical Specifications $11,000 $11,000 $0.00 Totals $193,945 $298,921 $105,776
Staff is recommending the City Council approve Amendment No. 1 to the Professional Services Agreement with Stantec Consulting Services, Inc. for additional funds to evaluate the feasibility of installing a new well at the existing site in the not to exceed amount of $105,776.
FINANCIAL IMPACT:
The amended total contract amount for the project is $298,921. This expense will be paid for through the Water Enterprise Capital Fund (current balance: $6.7 million).
Attachments:
1. Amendment 1_Stantec Consulting Services Inc
2. Exhibit A_Stantec Proposal
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Amendment 1_Professional Services Agreement - Page 1 of 1 Well 9 Condition Assessment and Test Well
Stantec Consulting Services, Inc.
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF RIPON AND
STANTEC CONSULTING SERVICES, INC.
This Amendment to the Professional Services Agreement dated March 12, 2024 (“Amendment”) is made and entered into on, June 11, 2024 (the “Effective Date”) between the City of Ripon, a California municipal corporation (“City”) and Stantec Consulting Services, Inc. (“Consultant”), (together sometimes referred to as the “Parties”).
Section 1. SERVICES. In accordance with the terms and conditions set forth in this Agreement, Consultant agrees to perform all services described in the Consultant’s Scope of Services attached hereto as Exhibit A. In the event of a conflict in or inconsistency between the terms of this Agreement and said scope of services, this Agreement shall prevail.
1.1 Term of Services. This Agreement shall begin upon signature by all Parties and shall end when Consultant completes the work described in said scope of work, or no later than two (2) years from the date this Agreement was signed by City, whichever is longer, unless the term of the Agreement is otherwise terminated or modified, as provided for herein. Notwithstanding the foregoing,
1.2 Standard of Performance. Consultant shall diligently perform all services required in connection with this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession.
Section 2. COMPENSATION.
City hereby agrees to pay Consultant an amount NOT TO EXCEED One Hundred Five Thousand, Seven Hundred Seventy Six Dollars ($105,776) for all work described within the Cost Proposal set forth in Exhibit A and made a part of this Agreement.
REMAINING TERMS AND CONDITIONS NOT AFFECTED. Unless expressly amended herein, the remaining terms and conditions of the General Services Agreement dated March 12, 2024, shall remain in full force and effect.
The Parties have executed this Agreement as of the date signed by the City.
CITY OF RIPON CONSULTANT
Leo Zuber, Mayor Thomas Butler, PG, CHG, CEG
Senior Hydrogeologist/Geochemist
Steve Beck, PE
Principal
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Packet Pg. 228 Attachment: Amendment 1_Stantec Consulting Services Inc (4281 : First Amendment to Stantec Consulting Services, Inc. Services Agreement) May 31, 2024
Attention: Mr. Kevin Werner, PE
City Administrator/City Engineer
259 N. Wilma Ave.
Ripon, CA 95366
Dear Mr. Werner,
Reference: Well 9 Evaluation and Condition Assessment Amendment This letter is to inform you that the contractor originally selected for the Well 9 Evaluation and Condition Assessment is no longer available to perform the requested work. To proceed with project as originally scoped we recommend moving forward with the second lowest bidder, NorCal Pump and Well Drilling. If acceptable, this change in contractor would require an amendment to our contract, increasing the total cost of the project to $298,921. A summary of the three remaining contractor bids is provided in the following table for reference.
Summary of Contractor Bids
If you have any questions, please feel free to contact me at 925.699.8012 or via email at [email protected].
Sincerely,
Stantec Consulting Service Inc.
Thomas Butler, PG, CHG, CEG
Phone: 925.699.8012
Email: [email protected]
EXHIBIT A 1.4.M.b
Packet Pg. 229 Attachment: Exhibit A_Stantec Proposal (4281 : First Amendment to Stantec Consulting Services, Inc. Services Agreement) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 06/11/2024
Subject: Interactive Fountain Electrical Replacement - Mistlin Sports Park RECOMMENDED ACTION:
Approve and authorize the Mayor to sign the contract with Grossi Electric Inc. to replace the electrical components of the Interactive Fountain at the Mistlin Sports Park that have been damaged beyond repair in the amount of $21,503.53 (funding source: Parks and Recreation General Capital Fund).
DISCUSSION/ANALYSIS:
The Interactive Fountain located at the Mistlin Sports Park was donated to the City of Ripon by Tony Mistlin and construction was completed back in 2003. The electrical/control components operating the various pumps for the interactive fountain have been damaged beyond repair and are in need of replacement.
The attached Contract with Grossi Electric Inc. includes removing, replacing and testing the electrical and control components in order to begin operating the interactive fountain. Work will begin immediately and is expected to be complete within the next two weeks.
FISCAL IMPACT:
The attached Contract is for a cost of $21,503.53 that will be paid for through the Parks General Capital Fund (current balance: $3.1 million).
Attachments:
1. GEI - Contract
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CITY OF RIPON
SAN JOAQUIN COUNTY, CALIFORNIA
SPECIFICATIONS
FOR
Interactive Fountain Electrical Replacement – Mistlin
Sports Park
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Packet Pg. 231 Attachment: GEI - Contract (4283 : Interactive Fountain Electrical Replacement - Mistlin Sports Park) 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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Packet Pg. 232 Attachment: GEI - Contract (4283 : Interactive Fountain Electrical Replacement - Mistlin Sports Park) Interactive Fountain Electrical Replacement – Mistlin Sports Park GENERAL INFORMATION Page | 1
GENERAL INFORMATION – Section 1
1. Project Information. The Project is located at Mistlin Sports Park. 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): C-10. 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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Packet Pg. 233 Attachment: GEI - Contract (4283 : Interactive Fountain Electrical Replacement - Mistlin Sports Park) Interactive Fountain Electrical Replacement – Mistlin Sports Park PROPOSAL Page | 2
PROPOSAL – Section 2
Proposal
Interactive Fountain Electrical Replacement – Mistlin Sports Park Grossi Electric Inc. (“Contractor”) hereby submits the attached Proposal to the City of Ripon (“City”) for the above-referenced project (“Project”).
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Packet Pg. 234 Attachment: GEI - Contract (4283 : Interactive Fountain Electrical Replacement - Mistlin Sports Park) 1 Grossi Electric Inc.
2020 Main Street, Escalon, Ca. • Phone: 209-821-6733 • Email: [email protected] 6/5/2024
Escalon, CA
RE C.4.24.CR001.2
City Of Ripon
** Grossi Electric Inc. ** cordially presents this proposal in connection with the electrical work to be executed at the aforementioned project. The quote is based on the job performed by GEI in cooperation with the City of Ripon. Although no plans were provided, the job is bid to the NEC 2020 code. Any changes to the scope of work will be addressed through a change order.
General Scope of Work:
Description of Work:
1. Demo Existing Components:
a. Safely disconnect and remove existing conductors and devices up to the nearest disconnection point. b. Ensure safety procedures are followed during this process. c. Retain necessary conduit, supports, and conductors for the existing 200-amp feeds.
2. Control Enclosure:
a. Demo existing components in control panel located in vault. b. Replace the following failed components:
i. Seven ABB ACS180 Variable Frequency Drives (VFDs).
ii. Seven ABB SU203M-K20 units for branch protection.
iii. Three ABB contactor assemblies equipped with manual motor protectors. iv. One hundred and fifty terminal blocks.
v. A 50-amp Radio Frequency Interference (RFI) filter.
vi. An 80-amp service disconnect.
vii. All wiring will be labeled according to the documentation. viii. All terminals will be labeled as per the documentation.
3. Wire Replacement:
a. Remove failed conductors and re-pull new conductors running in control enclosure. b. Reuse and re-pull all wiring from the MCC to the Motor Control Cabinet.
4. Testing and Verification:
a. Test the terminations and equipment to ensure proper functionality.
5. Permit and Documentation:
a. Provide plan documentation in accordance with the National Electrical Code.
6. Exclusions:
a. Permit.
Cost: ………………………………………………………………………………………………………………………………………………………………………… $21,503.53 ___________________________________________________________________________________________________
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Packet Pg. 235 Attachment: GEI - Contract (4283 : Interactive Fountain Electrical Replacement - Mistlin Sports Park) 2 Grossi Electric Inc.
2020 Main Street, Escalon, Ca. • Phone: 209-821-6733 • Email: [email protected]
1. Prices: Our prices remain firm for a period of thirty days.
2. Payment Structure: Our pricing structure is based on the payment of invoices within thirty (30) days.
3. Past Due Payments: Any payments not received within 30 days of the invoice date should be considered past due. An additional interest charge of 1.5% per month will accrue on the unpaid balance until it is paid in full. No work, including warranty work, will be performed if any invoice is past due (including change orders). Additionally, no release of lien will be signed unless all payments are paid in full.
4. Down Payment: A down payment is required before any work can proceed.
5. Panel Delivery: Upon delivery of the panel, a second invoice will be sent for the agreed-upon percentage.
6. Final Inspection and Training: The remaining amount will be invoiced after the final inspection and training.
7. Contract Scope: This proposal is based entirely upon the plans and specifications. It does not include any additional items that need to be added, whether required by code or otherwise. Any items added to this contract will be priced according to the attached standard option price list and will be invoiced during the final inspection and training phase.
8. Blueprint Guidelines: Blueprint locations are to be used as a guideline, but field conditions will determine the final areas.
9. Work Requirements: The Electrical Contractor will cut holes in walls and ceilings as needed to complete the required work.
10. Default Conditions: The owner/contractor would default if any payment called for in this agreement is not promptly performed.
All authorized change orders become past due if any written agreement made by the owner/contractor is not fulfilled, if any warranted conditions by the owner/contractor prove to be untrue, or if the owner/contractor fails to comply with any requirements of this agreement. In the event of default, the Electrical Contractor may take the following actions:
1. Suspend Work and Repossess Material/Equipment: The Electrical Contractor has the right to suspend work and remove uninstalled material or equipment from the premises. The owner/contractor agrees that the Electrical Contractor may enter the owner/contractor's property to repossess such material or equipment without liability for trespassing or any other reason.
2. Retain Payment: The Electrical Contractor may retain all money paid hereunder, regardless of the stage of completion of the work, and bring any appropriate legal action to enforce its rights.
3. Costs and Fees: The owner/contractor agrees to pay all costs and fees (including fees incurred in connection with appeals) incurred by the Electrical Contractor in enforcing its rights under this proposal.
11. Liability for Non-Performance: The Electrical Contractor shall not be liable for failure to perform if prevented by strikes or other labor disputes, accidents, acts of God, governmental or municipal regulation or interference, shortages of labor or materials, delays in transportation, non-availability of the same from manufacturers or suppliers, or other causes beyond the Electrical Contractor's control. In no event shall the Electrical Contractor be liable for special or consequential damages whatsoever or however caused.
12. Exclusions: This proposal does not include the cost of trash removal, concrete, forming, painting, patching, trenching, core drilling, venting, and sealing of roof penetrations. All waste created by the Electrical Contractor will be removed to a specific area on the construction site as instructed by the owner/contractor.
13. Equipment Supplied by Others: The Electrical Contractor is not required to install equipment supplied by other trades.
Additionally, the Electrical Contractor shall not be responsible for owner-supplied equipment due to losses related to theft, damage, vandalism, warranty, or any associated storage expenses. This agreement specifically excludes:
1. Warranty of Equipment Supplied by Others
2. Assembly of Equipment Provided by Others
14. Manufacturer's Warranty: All material and equipment supplied by the Electrical Contractor will be installed in a manner
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Packet Pg. 236 Attachment: GEI - Contract (4283 : Interactive Fountain Electrical Replacement - Mistlin Sports Park) 3 Grossi Electric Inc.
2020 Main Street, Escalon, Ca. • Phone: 209-821-6733 • Email: [email protected] consistent with standard practices at this time. The manufacturer shall warrant such material and equipment.
15. Electrical Installation Standards: The electrical installation shall meet the National Electrical Code and local electrical codes.
Errors in design by the architect and engineering in the blueprints or specifications are not the responsibility of the Electrical Contractor. Any additional electrical work required by others and not included in the blueprints and specifications shall not be part of this agreement.
16. Warranty Coverage: The warranty shall only apply to the electrical installation of the material, fixtures, equipment, and other items supplied by the Electrical Contractor. It does not apply to material, fixtures, equipment, and other items supplied by others.
Additionally, the warranty does not cover extensions or additions to the original installation if made by others.
17. Price Adjustments: Notwithstanding any provision herein to the contrary, if, during the performance of this agreement, the price of copper wire and cables, aluminum wire and cables, steel conduit, and any other necessary commodities significantly increases (through no fault of the electrical contractor), the price of any materials, components, or goods furnished under this agreement shall be equitably adjusted by an amount necessary to cover any such significant price increases. As used herein, a significant price increase shall mean any increase in price exceeding three percent (3%) experienced by an electrical contractor from the date of the execution of this agreement.
____________________________________________________________________________________________________________ If you have any questions regarding this proposal, please do not hesitate to call.
Respectfully,
Michael Grossi
President
Grossi Electric Inc.
Proposal Acceptance
I have read this document, including all attachments, and I accept the prices, specifications, project terms and conditions, notes, standard terms, and conditions as stated. I understand that upon signing, this proposal becomes a legally binding contract.
Client Grossi Electric Inc.
Michael Grossi
Printed Name Printed Name
Grossi Electric, Inc.
Company Company
President
Title Title
Signature Signature
6/5/2024
Date Date
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Packet Pg. 237 Attachment: GEI - Contract (4283 : Interactive Fountain Electrical Replacement - Mistlin Sports Park) Interactive Fountain Electrical Replacement – Mistlin Sports Park CONTRACT Page | 3
CONTRACT DOCUMENTS – Section 3
Contract
For
Interactive Fountain Electrical Replacement – Mistlin Sports Park This Contract made and entered into this 11th day of June, 2024, 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 Grossi Electric Inc., hereinafter called the "Contractor", whose Post Office address is 2020 Main St., Escalon, CA 95320.
- 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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Packet Pg. 238 Attachment: GEI - Contract (4283 : Interactive Fountain Electrical Replacement - Mistlin Sports Park) Interactive Fountain Electrical Replacement – Mistlin Sports Park 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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Packet Pg. 239 Attachment: GEI - Contract (4283 : Interactive Fountain Electrical Replacement - Mistlin Sports Park) Interactive Fountain Electrical Replacement – Mistlin Sports Park CONTRACT Page | 5
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”
Grossi Electric Inc. CITY OF RIPON, a Municipal Corporation By: By:
Leo Zuber, Mayor
END OF CONTRACT
1.4.N.a
Packet Pg. 240 Attachment: GEI - Contract (4283 : Interactive Fountain Electrical Replacement - Mistlin Sports Park) Interactive Fountain Electrical Replacement – Mistlin Sports Park 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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Packet Pg. 241 Attachment: GEI - Contract (4283 : Interactive Fountain Electrical Replacement - Mistlin Sports Park) Interactive Fountain Electrical Replacement – Mistlin Sports Park 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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Packet Pg. 242 Attachment: GEI - Contract (4283 : Interactive Fountain Electrical Replacement - Mistlin Sports Park) Interactive Fountain Electrical Replacement – Mistlin Sports Park 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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Packet Pg. 243 Attachment: GEI - Contract (4283 : Interactive Fountain Electrical Replacement - Mistlin Sports Park) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 06/11/2024
Subject: Stockton Avenue Downtown Parking Lot Maintenance Project RECOMMENDED ACTION:
Approve and authorize the Mayor to sign the contract with Earth Shelter Developers to repair the displacement of pavers at the Stockton Avenue downtown parking lot in the amount of $27,874 (funding source: Street and Road Operating Fund).
DISCUSSION/ANALYSIS:
The parking lot on Stockton Avenue located across the street from the fire station has an area of pavers where the joint sand has washed out and is in need of repair/replacement. In order to prevent the problem from extending beyond the current area, this section of pavers must be removed, reset, re-sanded and compacted to eliminate any future movement. The attached contract with Earth Shelter Developers includes repairing the damaged section of pavers and restoring the parking lot to its original condition.
FISCAL IMPACT:
The attached Contract is for a cost of $27,874 which will be paid for through the Street and Road Operating Fund (current balance: $6 million).
Attachments:
1. ESD - Contract
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Packet Pg. 244
CITY OF RIPON
SAN JOAQUIN COUNTY, CALIFORNIA
SPECIFICATIONS
FOR
Stockton Avenue Downtown Parking Lot Maintenance
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Packet Pg. 245 Attachment: ESD - Contract (4285 : Stockton Avenue Downtown Parking Lot Maintenance Project) 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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Packet Pg. 246 Attachment: ESD - Contract (4285 : Stockton Avenue Downtown Parking Lot Maintenance Project) Stockton Avenue Downtown Parking Lot Maintenance GENERAL INFORMATION Page | 1
GENERAL INFORMATION – Section 1
1. Project Information. The Project is located at Stockton Avenue. 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 or C-12. 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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Packet Pg. 247 Attachment: ESD - Contract (4285 : Stockton Avenue Downtown Parking Lot Maintenance Project) Stockton Avenue Downtown Parking Lot Maintenance PROPOSAL Page | 2
PROPOSAL – Section 2
Proposal
Stockton Avenue Downtown Parking Lot Maintenance
Earth Shelter Developers (“Contractor”) hereby submits the attached Proposal to the City of Ripon (“City”) for the above-referenced project (“Project”).
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Packet Pg. 248 Attachment: ESD - Contract (4285 : Stockton Avenue Downtown Parking Lot Maintenance Project) EARTH
SHELTER
DEVELOPERS
A California Corporation Lic. No. 494023 DIR# 1000007511 WWW.EARTHSHELTERDEVELOPERS.COM 412 SOUTH SACRAMENTO STREET~ LODI, CALIFORNIA 95240 ~ 209-367-7500 ~ FAX 209-367-1053 June 4, 2024
City of Ripon
Attn: James Pease
RE: Stockton Ave. Parking Lot Downtown
PAVER SCOPE: $ 27,874.00
Remove and replace approximately 775 SF of failed pavers at the Stockton Ave. parking lot.
Note: Price includes sales tax
Note: GC responsible for ADA tolerances in grade slopes and elevations, ESD will match those grades
Note: Protection of pavers and joint maintenance after installation by others Include: 1” of concrete sand at bedding layer and joint fill Single coat of paver sealer on surface once paver installation is completed ESD will meet ICPI tolerances of 3/8” +/- in 10 Ft (straightedge) and 1/8” lippage Union labor (regular daytime work hours)
1 move in for the project (additional @ $ 1,200.00/ each if needed)
Excludes: All items or labor not specifically listed above All grading, compaction and base or verification of base to plus or minus ½ inch.
All concrete, slabs, bands, curbs, headers and edge restraint of any kind.
All layouts are responsibility of GC with the exception of paver installation pattern.
All shop drawings, as-builts, herbicides, fabrics, polymeric sand, mortar and grout.
All pedestrian and vehicular traffic control and waste removal from site. ESD will cleanup and place related waste and debris in a location on site as provided by others.
Prices are contingent on our insurance documents being acceptable to all parties. Prices are based on small forklift access to the work areas and water within 100 feet. Also, based on a storage area being provided on site for materials, equipment and waste during our scope of work.
If accepted, this bid or wording is to be attached to and become part of the contract. If not accepted within 60 days, these prices are subject to change and/or bid may be withdrawn.
Earth Shelter Developers
Roderick Peagler
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Packet Pg. 249 Attachment: ESD - Contract (4285 : Stockton Avenue Downtown Parking Lot Maintenance Project) Stockton Avenue Downtown Parking Lot Maintenance CONTRACT Page | 3
CONTRACT DOCUMENTS – Section 3
Contract
For
Stockton Avenue Downtown Parking Lot Maintenance
This Contract made and entered into this 11th day of June, 2024, 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 Earth Shelter Developers, hereinafter called the "Contractor", whose Post Office address is 412 South Sacramento St., Lodi, CA 95240.
- 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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Packet Pg. 250 Attachment: ESD - Contract (4285 : Stockton Avenue Downtown Parking Lot Maintenance Project) Stockton Avenue Downtown Parking Lot Maintenance 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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Packet Pg. 251 Attachment: ESD - Contract (4285 : Stockton Avenue Downtown Parking Lot Maintenance Project) Stockton Avenue Downtown Parking Lot Maintenance CONTRACT Page | 5
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”
Earth Shelter Developers CITY OF RIPON, a Municipal Corporation By: By:
Leo Zuber, Mayor
END OF CONTRACT
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Packet Pg. 252 Attachment: ESD - Contract (4285 : Stockton Avenue Downtown Parking Lot Maintenance Project) Stockton Avenue Downtown Parking Lot Maintenance 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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Packet Pg. 253 Attachment: ESD - Contract (4285 : Stockton Avenue Downtown Parking Lot Maintenance Project) Stockton Avenue Downtown Parking Lot Maintenance 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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Packet Pg. 254 Attachment: ESD - Contract (4285 : Stockton Avenue Downtown Parking Lot Maintenance Project) Stockton Avenue Downtown Parking Lot Maintenance 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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Packet Pg. 255 Attachment: ESD - Contract (4285 : Stockton Avenue Downtown Parking Lot Maintenance Project) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Jane Kilgore, Deputy City Clerk
Date: 06/11/2024
Subject: Proclamation - Ripon High School
RECOMMENDED ACTION:
Present a proclamation to Ripon High School in recognition of its outstanding athletic accomplishments.
Attachments:
1. Proclamation RH Indians_Spring
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Packet Pg. 256
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Packet Pg. 257
Attachment: Proclamation RH Indians_Spring (4275 : Proclamation - Ripon High School) Invoice
Date
5/25/2024
Invoice #
351
Bill To
City of Ripon - General
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-003
Total
Date Attorney Description Rate Hours Amount
Review BIA letter demanding repeal of affordable
housing chapter of RJMC, review and outline Sheetz
ruling from US Supreme Court.
4/30/2024 THT 295.00 811.25 2.75
Review agreement to amend cell tower lease, advise
client regarding provisions allowing sublease without
City consent.
5/1/2024 THT 295.00 368.75 1.25
Calls, emails regarding ADU ordinance and pending
project, review client’s email and advise.
5/2/2024 THT 295.00 368.75 1.25
Work on letter responding to BIA’s demands, legal
research, work on summary of Sheetz case.
5/12/2024 THT 295.00 1,106.25 3.75
Work on Resolution of Necessity in pending eminent
domain matter.
THT 295.00 885.00 3
Telephone call to client regarding agenda items for
city Council meeting, emails regarding pending
projects, questions pertaining to invoices, etc.
5/13/2024 THT 295.00 442.50 1.5
Prepare for city Council and closed session meetings,
attend meetings.
5/14/2024 THT 295.00 885.00 3
Review and draft redline changes to reimbursement
agreement, follow-up on same with client, finalize
and send letter to BIA, further work on eminent
domain resolutions and findings.
5/14/2024 THT 295.00 1,327.50 4.5
5/15/2024 THT Work on canine adoption matter. 0.75 295.00 221.25 Follow up on sidewalk repair matter, update task list,
discuss with client, further work on K9 adoption
matter.
5/17/2024 THT 295.00 590.00 2
Review and revise new version of K9 adoption
agreement, discuss with client and Chief Sauer.
5/21/2024 THT 295.00 663.75 2.25
Review client docs, brief research into Salinas City
Code, conference call with client and 4G.
5/22/2024 THT 295.00 590.00 2
Further review of client emails and communications
from 4G and City.
5/24/2024 THT 295.00 442.50 1.5
a
Packet Pg. 258 Attachment: City Invoices (4255 : Law Office of Thomas H. Terpstra) Invoice
Date
5/25/2024
Invoice #
351
Bill To
City of Ripon - General
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-003
Total
Date Attorney Description Rate Hours Amount
prepare for, attend Special City Council meeting re
K9 retirement, confer with client regarding special
meeting notice, emails re: CSPA case and CMC
statement
THT 295.00 590.00 2
$9,292.50
a
Packet Pg. 259 Attachment: City Invoices (4255 : Law Office of Thomas H. Terpstra) Invoice
Date
5/25/2024
Invoice #
352
Bill To
City of Ripon - Police Dept.
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-004
Total
Date Attorney Description Rate Hours Amount
5/16/2024 THT Discuss and review case file on unauthorized 295.00 2 590.00 sidewalk repair w/o encroachment
Permit, draft and send enforcement demand letter.
Neumiller & Beardslee's Invoice Number 347841
(Paid in full by The Law Office of Thomas H.
Terpstra).
505.46 505.46
$1,095.46
a
Packet Pg. 260 Attachment: City Invoices (4255 : Law Office of Thomas H. Terpstra) Invoice
Date
5/25/2024
Invoice #
353
Bill To
City of Ripon - Meadowood - Private Development
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-212
Total
Date Attorney Description Rate Hours Amount
Discuss and review final Assignment and Assignment
Agreement changes with client, confirm anticipated
date for Council approval.
5/1/2024 THT 425.00 2 850.00
Emails and calls to and from developer’s attorney re
reimbursement.
5/6/2024 THT 425.00 0.5 212.50
Calls, emails to and from opposing counsel re:
agenda item.
5/7/2024 THT 425.00 2.25 956.25
Numerous emails, review developer’s proposed
changes to cost reimbursement agreement.
5/8/2024 THT 425.00 1.25 531.25
$2,550.00
a
Packet Pg. 261 Attachment: City Invoices (4255 : Law Office of Thomas H. Terpstra) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 06/11/2024
Subject: Budget 2024-2025
The City’s Proposed FY 2024-25 Budget is balanced, funds all debt service obligations, and funds critical deferred maintenance items. The following table summarizes the financial information for the City’s operating funds.
FY 2024-25 Annual Operating Budget Summary
FY 2024-25
Revenue
FY 2024-25
Expenses
Proposed
Transfers
Transfer Summary
General Fund $17,685,000 ($16,830,000) ($855,000) Transfer includes $77,000 to L&L Districts operating in the negative,
$618,000 to Capital Replacement Funds,
and $160,000 to the CalPERS
Contingency Fund.
Water Operating Fund $3,944,000 ($3,000,000) ($994,000) To Water Enterprise Capital Fund Garbage Operating Fund $2,730,000 ($2,600,000) ($130,000) To Garbage Enterprise Capital Fund Sewer Operating Fund $2,135,000 ($1,535,000) ($600,000) To Sewer Enterprise Capital Fund Street and Road Operating Fund $2,170,000 ($1,159,000) Revenue surplus funds streets and roads capital projects.
Transit Operating Fund $127,000 ($127,000)
Redevelopment Obligations $927,00 ($927,000)
Landscaping & Lighting Districts $450,000 ($515,000) $77,000 From General Fund to L&L Districts that
operate in a deficit and do not have a
fund balance.
2.A
Packet Pg. 262
City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 06/11/2024
Subject: Ripon Consolidated Fire District
RECOMMENDED ACTION:
City Council to provide direction to staff regarding the City’s response to the property owner ballots received from the Ripon Consolidated Fire District’s proposed assessment for enhanced fire suppression services for all City owned properties.
BACKGROUND:
The City of Ripon residents and businesses are served by a number of important entities, including the Ripon Consolidated Fire District (RCFD). RCFD provides fire protection and emergency response services for a 56 square mile service area of southern San Joaquin County, which includes the 5 square miles of the City of Ripon. As a special district, similar to the local school district and irrigation district, they receive funding from local taxes, fees, and service charges.
The members of the Ripon City Council and RCFD Two-by-Two Committee have met multiple times over the last few years to discuss how best the City of Ripon can support RCFD to ensure they are able to continue to provide the high level of service the residents and businesses of Ripon have appreciated for so many years.
At the October 12, 2021 City Council meeting, the City Council approved a Memorandum of Understanding between the City of Ripon and the RCFD that defined the roles and responsibilities of each entity through RCFD’s evaluation of a Proposition 218 Fire Suppression Assessment (“Assessment”) process to increase operating revenue. Additionally, the City Council approved a professional services agreement with Harris & Associates to provide the following services to support RCFD through this process:
Evaluate the feasibility of adopting a fire suppression assessment Development of public outreach strategy using Lucy & Company
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Prepare Engineer’s Report to support the Proposition 218 study The cost of these services were split between the City of Ripon and RCFD.
RCFD has completed the previously described work and now has initiated proceedings for the adoption of the Assessment pursuant to the provisions of the Government Code. The Code provides for the levy and collection of assessments by the special districts to generate revenue to pay for fire suppression services and equipment, which provides a special benefit to the parcels within the district boundary.
RCFD has prepared an Engineer’s Formation Report that details the proposed Assessment. The following is a link to the report:
https://www.riponfire.com/_files/ugd/7b3d96_6b75f36e25114c73946f0696b1e242d3.pdf Each property owner within the RCFD service area will receive a ballot to indicate whether the owner supports or opposes the proposed Assessment.
In order for the Assessment to be approved, it requires the majority of the ballots that are submitted to be in favor of the Assessment. In tabulating the ballots, each ballot will be weighted by the amount of the proposed assessment to be imposed upon the parcel.
DISCUSSION/ANALYSIS:
The City has received 85 ballots for the City owned parcels within the RCFD service area. The total amount of assessment for the 2024 year is $12,956.70. A standard, single family residence has a proposed assessment of $250.00. Based upon the weighting of the votes, the City’s vote would be the equivalent of 52 single family residence’s votes.
Staff is requesting City Council direction on how to vote on the ballots received for City owned properties.
FISCAL IMPACT:
Currently, the City does not pay any RCFD fees or taxes for City owned properties. If the Assessment is not approved, there would be no fiscal impact. If the Assessment is approved, the fiscal impact for 2024 would be $12,956.70 and would increase every year by 3 percent for inflation.
The $12,956.70 Assessment for 2024 would be paid out of the following operating funds:
Fund Amount
General 8,038.14
Water 1,765.84
Garbage 631.60
Sewer 1,384.24
Streets and Roads 1,136.88
Grand Total $12,956.70
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