TAFT CITY COUNCIL/SUCCESSOR AGENCY
JOINT REGULAR MEETING AGENDA
TUESDAY, MARCH 7, 2023
CITY HALL COUNCIL CHAMBER
209 E. KERN ST., TAFT, CA 93268
________________________________________________________________________________________________________________________________ City of Taft Council Meetings are being held in-person with full capacity seating and are livestreamed at https://www.youtube.com/user/CityofTaft. Public comment can be made in person and also can be received per the following:
• Written comments may be dropped off in the drop box in front of City Hall. • Comments may be emailed to the City Clerk at [email protected]. • Made by phone to the City Clerk’s office at (661) 763-1222. • Public comments will be accepted up until 5:00 PM the day of the meeting. • Any comments received will be read into the record.
________________________________________________________________________________________________________________________________ REGULAR MEETING 6:00 P.M.
Pledge of Allegiance
Invocation
Roll Call: Mayor Noerr
Mayor Pro Tem Krier
Councilmember Bryant
Councilmember Waldrop
Councilmember Chavira
1. PRESENTATION – HALL AMBULANCE
2. PUBLIC HEARING – CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) ANNUAL PROGRESS REPORTING (APR) FOR 2022
Recommendation –
1. Open the Public Hearing to Receive comments on the Housing Element Progress Report;
2. Receive and file the Housing Element Annual Progress Report for calendar year 2022; and
3. Direct the Planning Director to submit the Housing Element Annual Progress Report to HCD and OPR.
4. Find that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) as set forth in Section 15061(b)(3) of the CEQA Guidelines as the APR filing is not considered a project.
3. CITIZEN REQUESTS/PUBLIC COMMENTS
COMMENTS ARE TO BE RECEIVED AS STATED IN ABOVE POLICY
THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC TO ADDRESS THE CITY COUNCIL ON MATTERS WITHIN ITS JURISDICTION. STATE LAW PROHIBITS THE COUNCIL FROM ADDRESSING ANY ISSUE NOT PREVIOUSLY INCLUDED ON THE AGENDA. COUNCIL MAY RECEIVE COMMENT AND SET THE MATTER FOR A SUBSEQUENT MEETING. PLEASE LIMIT COMMENTS TO FIVE MINUTES.
4. COUNCIL STATEMENTS (NON-ACTION)
5. DEPARTMENT REPORTS
6. CITY MANAGER STATEMENTS
City of Taft Council/Successor Agency Meeting
Agenda
March 7, 2023
7. CITY ATTORNEY STATEMENTS
8. FUTURE AGENDA REQUESTS
********************************************************************************************************* CONSENT CALENDAR ITEMS 9-14
All items listed on the Consent Calendar shall be considered routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless a member of the City Council requests specific items to be removed from the Consent Calendar for separate action. Any item removed from the Consent Calendar will be considered after the regular business items. Are there any items on the consent calendar that any member of the public would like to comment on?
9. MINUTES
February 21, 2023
Recommendation – Approve as submitted.
10. PAYMENT OF BILLS
Warrant # 030323 Check No. 97586-97651 $ 298,579.11
Recommendation – Approve payment of the bills.
11. UNMET TRANSIT NEEDS IN THE CITY OF TAFT
Recommendation –
1. Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT MAKING FINDINGS REGARDING UNMET TRANSIT NEEDS IN THE CITY OF TAFT; and
2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
12. RATIFY AGREEMENT BETWEEN CIVICA LAW GROUP, APC FOR SPECIAL COUSEL LEGAL SERVICES Recommendation –
1. Ratify the already executed agreement with Civica Law Group, APC; and
2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
13. ACCEPT THE LOWEST RESPONSIBLE BID, AWARD THE CITY OF TAFT – 2023 TAFT POLICE
DEPARTMENT INTERIOR IMPROVEMENT PROJECT AND ALLOCATE ADDITIONAL BUDGET Recommendation –
1. Motion to accept the lowest responsible bid, award the project and approve agreement with Black/Hall Construction Inc. for the 2023 Taft Police Department Interior Improvement Project and authorize additional budget transfer of $142,605 from capital reserves; and
2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15061(b)(3) and Section 15378 of the CEQA Guidelines.
City of Taft Council/Successor Agency Meeting
Agenda
March 7, 2023
14. APPROVAL AND ADOPTION OF POLICIES AND PROCEDURES FOR VISITORS AND USE OF CITY HALL,
CONFERENCE ROOMS, AND COUNCIL CHAMBER
Recommendation –
1. Motion to approve and adopt the Policies and Procedures for Visitors and Use of City Hall, Conference Rooms, and Council Chamber; and
2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines. *********************************************************************************************************
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(b) – one (1) potential case
ADJOURNMENT
AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act, if you need special assistance, a disability-related modification or accommodation, agenda materials in an alternative format, or auxiliary aids to participate in this meeting, please contact the Office of the City Clerk at (661) 763-1222 or [email protected] as soon as possible. Providing at least 72 hours’ notice will help ensure that reasonable arrangements can be made.
AFFIDAVIT OF POSTING
I, Darnell Porter, declare as follows:
That I am the Deputy City Clerk for the City of Taft; that an agenda was posted on a public information bulletin board located near the door of the Civic Center Council Chamber on March 2, 2023 at ________ a.m. /p.m., pursuant to 1987 Brown Act Requirements.
I declare under penalty of perjury that the foregoing is true and correct.
Executed March 2, 2023, at Taft, California.
Signature _________
REVIEWED BY:
CITY CLERK: FINANCE DIRECTOR: CITY MANAGER:
City of Taft Agenda Report
DATE: MARCH 7, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
PUBLIC HEARING – CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) ANNUAL PROGRESS REPORTING (APR) FOR 2022 SUMMARY STATEMENT:
California Government Code Section 65400 requires each governing body (City Council or Board of Supervisors) to prepare an annual progress report (APR) on the status and progress in implementing the jurisdiction's Housing Element of the General Plan per the Department of Housing and Community Development (HCD). Housing Element reports are due for each calendar year on the following April 1, and must be sent to HCD and the Governor’s Office of Planning and Research (OPR).
The 2022 calendar year is the eighth year of the current Housing Element cycle of 2015 to 2023.
The attached APR identifies the housing activity data for the 2022 calendar year. In 2022, the City issued two building permits for two new single family residential housing units and one accessory dwelling unit; and one single-family home from a permit issued in 2021 was finaled in 2022 (see Table A2). The 5th cycle Housing Element was approved in December 2015, and Table B shows the residential development progress since then with a total of 70 residential units completed.
The Planning Commission reviewed and accepted the report at their meeting on February 8, 2023.
Staff is recommending that the City Council review and accept the Annual Housing Element Progress Report for the 2022 calendar year. Once accepted, staff will electronically submit the report to HCD and mail a copy of the report to the OPR.
RECOMMENDED ACTIONS:
1. Open the Public Hearing to Receive comments on the Housing Element Progress Report;
2. Receive and file the Housing Element Annual Progress Report for calendar year 2022; and
3. Direct the Planning Director to submit the Housing Element Annual Progress Report to HCD and OPR.
4. Find that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) as set forth in Section 15061(b)(3) of the CEQA Guidelines as the APR filing is not considered a project.
IMPACT ON BUDGET (Y/N): N/A
ATTACHMENT (Y/N): Housing Element Annual Progress Report for 2022 PREPARED BY: Mark Staples, Director, Planning & Development Services
Jurisdiction Taft
Reporting Year 2022 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 1
Deed Restricted 0
Non-Deed Restricted 2
0 3
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 0 3 1
2 to 4 0 0 0
5+ 0 0 0
ADU 0 0 0
MH 0 0 0
Total 0 3 1
0 0
0 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Income Level
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
TAFT CITY COUNCIL/SUCCESSOR AGENCY
MINUTES
FEBRUARY 21, 2023
The February 21, 2023, regular joint meeting of the Taft City Council/Taft Successor Agency, held in the Council Chamber at Taft City Hall, 209 East Kern Street, Taft, CA 93268, was opened by Mayor Dave Noerr at 6:00 PM. The Pledge of Allegiance was led by Council Member Chavira invocation given by Pastor Joey Pittman.
PRESENT: Mayor Dave Noerr and Mayor Pro Tem Orchel Krier Council Members Carlos Chavira and Ronald Waldrop
City Manager Craig Jones and City Attorney Jason Epperson City Clerk Yvette Mayfield
ABSENT: Council Member Bryant
1. CITIZEN REQUESTS/PUBLIC COMMENTS
Dennis McClean spoke on election integrity and concern for Kern County renewing the agreement for their voting machines.
Cameron Lorimer spoke on election integrity.
Rob Duchow, Kern County Public Affairs Manager for Southern California Gas Company, spoke about natural gas prices.
2. COUNCIL STATEMENTS (NON-ACTION)
Council Member Chavira talked about upcoming services for local resident Kenny Wright, who recently passed away and mentioned a new program that Taft High and Taft College have partnered on.
Council Member Waldrop gave kudos to the Kiwanis Club for their flag project and talked about the Lions Clubs support of Unity Thrift and their spay and neuter program, Mayor Pro Tem Krier spoke on the importance of service clubs in communities and election integrity.
Mayor Noerr reminded everyone that it is their government their money, he talked about all the rain and the weeds that it has brought, reminded everyone that it’s little league season and to be careful of all the little ones out and about in the Franklin Field area and wished City Manager Jones a happy birthday.
3. PLANNING COMMISSION REPORT
Planning Commissioner, Jerry Livingston, reported that the Commission heard two items at their last meeting, one was a continued public hearing for the map for the Dollar General on Gardner Field Road and the other item was the Department of Housing and Community Development Annual Housing Report.
4. DEPARTMENT REPORTS
Police Chief, Damon McMinn, reported out on the January statistics for the Police Department.
City of Taft Council/Successor Agency Meeting
Minutes
February 21, 2023
5. CITY MANAGER STATEMENTS
City Manager Jones thanked everyone for the birthday wishes.
6. CITY ATTORNEY STATEMENTS
There was none.
7. FUTURE AGENDA REQUESTS
Krier requested a resolution recommending that Kern County not renew the contract for the current voting machine. Waldrop concurred.
********************************************************************************************* CONSENT CALENDAR ITEMS 8-11
Motion: Moved by Krier, seconded by Waldrop to approve consent calendar items 8-
11. AYES: Krier, Chavira, Waldrop, Noerr
PASSED: 4-0
8. MINUTES
February 7, 2023
Recommendation – Approve as submitted.
9. PAYMENT OF BILLS
Warrant # 2/10/23 Check No. 97518 $ 824.01
Warrant # 2/17/23 Check No. 97519-97585 $ 104,880.16
Recommendation – Approve payment of the bills.
10. CALPERS HOLIDAY EMPLOYER COMPLIANCE REVIEW
Recommendation - Motion to accept and file the Holiday Pay Review – Employer Compliance Review dated February 2023.
11. MONTHLY REPORT FOR KERN COUNTY STATION 21
Recommendation – Receive and file the monthly report for January 2023 from Kern County Fire Station 21.
********************************************************************************************* At 6:45 PM the meeting was recessed in to closed session.
City of Taft Council/Successor Agency Meeting
Minutes
February 21, 2023
CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR, CRAIG JONES- CITY
MANAGER
Government Code Section 54956.8 – undisclosed parcel
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(b) – one (1) potential case The City Council discussed in closed session those items agendized for closed session discussion and direction was given to staff and negotiators. No other reportable action was taken.
ADJOURNMENT - With no further business to conduct the meeting was adjourned at 7:18 PM. __________ ____________
Yvette Mayfield, MMC Dave Noerr
City Clerk Mayor
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: March 7, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
UNMET TRANSIT NEEDS IN THE CITY OF TAFT
SUMMARY STATEMENT:
A Transit Unmet Needs hearing was advertised for 10:30 am Thursday, February 16, 2023 at City Hall. This hearing was publicly noticed in the Midway Driller on January 12, 2023 and in the Taft Independent on January 12, 2023. No comments were received electronically by staff. There were no members of the public in attendance at the hearing.
The Transportation Development Act outlines criteria for the distribution of funds for public transportation. Pursuant to the Transportation Development Act, the City of Taft must annually conduct a hearing to receive input from the community regarding potential unmet transit needs within the City which are reasonable to be met. If there is a finding that there are no unmet transit needs that are reasonable to be met, the transportation planning agency may allocate funds for maintenance of local streets and roads.
Staff prepared the attached resolution indicating there were no unmet needs that could reasonably be met at this time.
RECOMMENDED ACTION:
1. Motion to adopt a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT MAKING FINDINGS REGARDING UNMET TRANSIT NEEDS IN THE CITY OF TAFT; and
2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
IMPACT ON BUDGET (Y/N): NO
ATTACHMENT (Y/N): YES, Resolution and Hearing Minutes
PREPARED BY: Public Works
RESOLUTION NO. 4176-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT MAKING
FINDINGS RELATIVE TO UNMET TRANSIT NEEDS IN THE CITY OF TAFT WHEREAS, the Transportation Development Act of 1971 provides for distribution of funds to Local Transportation Fund held in trust by the Kern County Auditor/ Controller for use by eligible claimants for purposes authorized by Article 4; and
WHEREAS, the City Council has noticed the public hearing to hear comments relative to unmet transit needs in the City of Taft; and
WHEREAS, the Transit Agency has made finding that the Taft Area Transit service has no unmet needs which are reasonable to meet other than those previously scheduled, and the claimant may use the remaining funds for the purpose authorized by Article 8, Section 99400(a) Streets and Roads.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Taft that there are no Unmet Transit Needs that are reasonable to be met within the greater Taft area serviced by the Taft Area Transit.
PASSED, APPROVED AND ADOPTED on this 7th day of March, 2023. ________________________________
Dave Noerr, Mayor
ATTEST:
Yvette Mayfield, MMC
City Clerk
STATE OF CALIFORNIA}
COUNTY OF KERN } SS
CITY OF TAFT }
I, Yvette Mayfield, City Clerk of the City of Taft do hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting thereof held on 7th day of March, 2023, by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
________________________________
Yvette Mayfield, MMC
City Clerk
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: MARCH 7, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
RATIFY AGREEMENT BETWEEN CIVICA LAW GROUP, APC FOR SPECIAL COUSEL LEGAL
SERVICES
SUMMARY STATEMENT:
In April 2022 Council approved entering into a professional services agreement with Silver & Wright LLP to assist the City with the update of our municipal code, specific to code enforcement and related issues. We are deep into these updates and plan to be bringing the update code chapters to Council by late spring. We have been notified by the attorneys with Silver & Wright that they will be splitting the firm and the attorney that we have been working most closely with will now be a part of Civica Law Group, APC.
In order for the City to continue working with the attorney on this project, we are entering into an agreement with Civica Law Group, APC, and will no longer employ the services of Silver & Wright LLP. There will be no effect to the budget as the project was already budgeted.
RECOMMENDED ACTION
1. Ratify the already executed agreement with Civica Law Group, APC; and
2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): Agreement
PREPARED BY: City Manager
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: MARCH 7, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
ACCEPT THE LOWEST RESPONSIBLE BID, AWARD THE CITY OF TAFT – 2023 TAFT POLICE DEPARTMENT
INTERIOR IMPROVEMENT PROJECT AND ALLOCATE ADDITIONAL BUDGET SUMMARY STATEMENT:
The City recently bid out the project for the needed interior improvements to the building housing the Taft Police Department. Although several bid packages were requested and six licensed contractors attended the mandatory job walk, only one bid was received for the project from local contractor, Black/Hall Construction, Inc. The bid was reviewed by City staff and was deemed to be reasonable and responsive. We believe some of the other contractors may have declined to bid because of the required DOJ background requirements to work in a law enforcement facility.
In the 2022-2023 budget, $250,000 was budgeted for this project, after the plans were complete and a couple of addendums were required to add some additional necessary work, the responsive bid came in at $284,368.00.
The Police Department furnishings, desks, chairs and meeting tables, all date back to the early 1990’s when the department was originally built and furnished. It was the intention of the department to budget new furnishings in next year’s budget, but the labor and logistics of having to empty the complete building of current furnishings for the project and then to move all the old furnishings back into the building, just to have to move them out again to replace it all next budget year seems like a redundant waste of staff labor. So, we are also asking for an additional budget of $69,800 for office furnishings.
Below is the project cost breakdown:
Construction Subtotal: $284,368.00
10% Contingency: $48,437.00
Furnishings: $59,800.00
Total Project Cost: $392,605.00
RECOMMENDED ACTION
1. Motion to accept the lowest responsible bid, award the project and approve agreement with Black/Hall Construction Inc. for the 2023 Taft Police Department Interior Improvement Project and authorize additional budget transfer of $142,605 from capital reserves; and
2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15061(b)(3) and Section 15378 of the CEQA Guidelines.
IMPACT ON BUDGET (Y/N): Yes, $142,605 additional budget from capital reserves ATTACHMENT (Y/N): Yes, Agreement
PREPARED BY: Public Works
CITY OF TAFT
PUBLIC WORKS CONTRACT
THIS CONTRACT, made this 7th day of March, 2023, by and between the City of Taft, a political subdivision of the State of California, hereinafter referred to as "City,” and Black/Hall Construction, Inc., hereinafter referred to as "Contractor.”
This contract is for the following project:
2023 TAFT POLICE DEPARTMENT INTERIOR IMPROVEMENT PROJECT NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, it is hereby agreed as follows:
TERMS & CONDITIONS
1. SCOPE OF WORK:
The work to be performed includes but is not limited to provisions of all equipment, materials, and labor necessary for work to be performed for the Interior Improvement Work to be performed at Taft Police Department located at 320 Commerce Way, Taft, California, as described more fully in the Scope of Work attached hereto as Exhibit A, “Scope of Work” to include the referenced plans and incorporated here by reference.
2. CONTRACT TIME:
2.1 COMMENCEMENT AND COMPLETION
The Work shall be commenced on the date specified in the City's "Notice of Award to Contractor" and shall be fully completed no later than thirty (30) working days thereafter, or such additional time as may have been provided by Change Order, pursuant to the Contract Documents.
2.2 TIME IS OF THE ESSENCE
Time is of the essence. If the work is not completed in the time specified, including such extensions of time as may have been granted for unavoidable delays, the Contractor will be assessed damages for delay in accordance with the liquidated damages provision herein. A determination of whether delays were avoidable or not shall be made by City in its exclusive discretion.
3. CONTRACT PRICE:
City shall pay Contractor for the full and complete performance of this Contract the sum of $284,368.00.
The contract price may be adjusted only as provided in the Contract Documents and only upon the express written approval of the City Council of the City of Taft or the City of Taft City Manager and in the event of any such adjustment, the Contractor agrees that the maximum adjustment to be attributable to Contractor’s overhead and profit shall not exceed fifteen percent (15%) of the actual costs to Contractor for any additional work encompassed by any such adjustment, in accordance with the General Conditions.
4. PAYMENTS:
4.1 PROGRESS PAYMENTS
The first progress payment may be requested at any time after fourteen (14) working days. Requests for payment shall be accompanied by a detail breakdown of values for each payment. The Contractor shall submit with the request for payment all receipts, payroll records and other information to substantiate his claims if requested by the City.
All progress payments by City to the Contractor shall be made within thirty (30) days following the receipt of an undisputed and properly submitted request for payment from the Contractor.
The City will withhold retention from each monthly progress payment pursuant to Public Contract Code Section 22300. For contracts in an amount of $100,000.00 or more, the retention will be 10% of the amount of each progress payment. For contracts in an amount less than $100,000.00, the retention amount will be 5% of the amount of each progress payment.
4.2 FINAL PAYMENT
Payment in full for the completed project will not be due until at least thirty (30) days after filing of the Notice of Completion with the County Clerk. Acceptance of final payment will be deemed a waiver of all claims except those which were timely made pursuant to the claims provisions of this contract. Final payment shall be made in accordance with the General Conditions of these Contract Documents.
4.3 INVOICE CONTENT
Invoices or applications for payment to the City shall be detailed and shall contain full documentation of all work performed and all reimbursable expenses incurred. Where the scope of work on the contract is divided into various tasks, invoices shall detail the related expenditures accordingly. Labor expenditures need documentation to support time, subsistence, travel and field expenses. No expense will be reimbursed without adequate documentation. This documentation will include, but not be limited to, receipts for material purchases, rental equipment, and subcontractor work.
4.4 ACCEPTANCE OF FINAL PAYMENT AS RELEASE
The acceptance by the Contractor of final payment shall be and shall operate as a release to the City of any and all claims and all liability to the Contractor for all things done or furnished in connection with this work and for every act and/or neglect of the City or others relating to or arising from the Work, to the full extent authorized by Public Contracts Code Section 7100. No payment, however, final or otherwise, shall operate to release the Contractor of his sureties from any obligations under this Contract or the Performance and Payment Bonds required by this Contract, or the guarantees and warranties required by the Contract Documents, or the bond securing the same.
5. CONTRACT DOCUMENTS:
The contract documents comprise the entire agreement between the parties and may be amended only by a writing signed by both parties or by written change order. The contract documents shall include this contract, scope of work, bidding documents, addenda thereto, all proposals submitted by Contractor, the general conditions attached hereto and special, and/or supplementary conditions issued by the City. In the case of ambiguity or conflict, the documents shall be given the following priority:
This Agreement
Contract Drawings
Technical Specifications
Duly issued Addenda
General and/or Special Conditions
Supplementary conditions, if any
Duly issued Clarifications and Field Orders
Duly issued Work Authorizations
Duly issued Change Orders
Supplemental Drawings issued pursuant to Article 4 of the General Conditions Initial Submittals approved pursuant to Article 3 and all other submittals approved pursuant to the General Conditions.
Contractor's Bid Proposal, Contractor's Guarantee and Bond Designation of Subcontractors
Performance Bond
Payment Bond
Such documents, collectively referred to as the "Contract Documents,” are hereby incorporated herein by this reference and made a part hereof. Inclusion of a document in the list above and/or in the definition of “Contract Documents” shall not be interpreted to mean that the absence of such a document shall in any way negate the terms of this Contract or Contractor’s obligations hereunder. Exclusion of any such document shall be in City’s sole discretion.
PERFORMANCE AND LABOR & MATERIAL BONDS:
Pursuant to the provisions of the California Civil Code Section 9550, for projects in excess of, Twenty-five thousand dollars ($25,000), the Contractor shall, prior to the performance of any work covered by this Contract, provide to City in such form as may be acceptable to City, a "performance bond" guaranteeing the faithful and timely performance of the work to be performed under this Contact and guaranteeing the work for a period of one full year from the date of the completion of the work (which shall be evidenced by the filing of a notice of completion by City) and a separate "labor and material bond" guaranteeing payment to any laborer, subcontractor and/or material supplier for the work under this Contract. The amount of each of these bonds shall be in accordance with the General Conditions to the Contract.
6. REPRESENTATIONS BY CONTRACTOR:
The Contractor hereby represents that before bidding; Contractor carefully examined the Drawings and Project Manual, Scope of Work, other relevant documents, and visited the Site of the Work and fully informed Contractor as to all existing conditions at the Site and limitations of information provided by the City regarding the Site.
The Contractor further represents that Contractor has satisfied itself as to the nature and location of the Work, the general and local conditions, conditions of the Site, availability of labor, materials on the Site, the kind of equipment needed, the requirements of various trades or crafts needed to perform the Work and all other matters which in any way affect the Work or cost. The Contractor agrees that Contractor’s failure to acquaint itself with all available information concerning conditions shall not relieve Contractor from its bid or its responsibility for estimating properly the difficulties or cost of the Work, or the requirements for any trade, craft, or portion of the Work.
The Contractor further represents that the Contract Price shall include everything necessary for the completion of Work and of fulfillment of this Agreement for Construction within the time specified hereby, including, but not limited to, furnishing all materials, equipment, tools, plant and other facilities, and all management, superintendence, labor, and services. The Contract Price includes allowance for all Federal, State and local taxes and payment of the prevailing wages required by applicable law and/or the General Conditions.
7. AMENDMENT:
This Contract may only be amended by a written amendment which shall require the formal approval of the City Council of the City of Taft or a signed writing by the City of Taft City Manager. No other City officer, agent or representative shall have the authority to amend this Contract.
8. DELAY:
The Contractor specifically acknowledges and agrees that a time extension is its sole remedy for delays caused by the City, and agrees to make no claim for additional damages for such delay. Contractor shall be entitled to a price adjustment with such time extension Change Order, but such price adjustment shall be limited to Contractor’s direct additional costs to perform the Contract, subject to the General Conditions, and subject to verification by the City.
Processing of Submittals, Clarifications and other information by the City within the time specified in the Contract Documents shall in no event constitute a City-caused delay.
9. NOTICES:
Any notice, demand, request, consent, approval or communication that any party desires or is required to give any other party shall be in writing and either served personally or sent by pre-paid first-class mail. Any such writing shall be addressed as follows:
CITY
Craig Jones, City Manager
209 E. Kern Street
Taft, CA 93628
PROJECT CONTRACTOR
Black/Hall Construction Inc.
Attn: Glenn Black
P.O. Box 445
Taft, CA 93268
I0. LIQUIDATED DAMAGES:
If the Work is not completed by Contractor in the time specified in Section 2 of the Agreement for Construction, or within any period of extension authorized pursuant to a duly issued Change Order, Contractor acknowledges and admits that the City will suffer damage, and that it is impracticable and infeasible to fix the amount of actual damages. Therefore, it is agreed by and between the Contractor and the City that the Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, a sum equal to one-half of one percent of the contract price, or the sum of One Hundred dollars ($100.00), whichever is greater, for each calendar day of delay until the Work is completed and accepted, and that both Contractor and Contractor's surety shall be liable for the total amount thereof, and that the City may deduct said sums from any monies due or that may become due to Contractor, prior to determining the final amount due to Contractor.
This liquidated damages provision shall apply to all delays of any nature whatsoever, save and except only delays found by the City Council of the City of Taft to be unavoidable pursuant to the General Conditions, or time extensions granted in writing by the City Council of the City of Taft.
IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written.
CITY OF TAFT
By: ____________________________________
Dave Noerr, Mayor
ATTEST:
______________________________________
Yvette Mayfield, MMC
City Clerk
CONTRACTOR
By _____________________________
Official Title ____________________
License Number _________________
(CORPORATE SEAL)
CORPORATE CERTIFICATE
I ____________________________________________________, certify that I am the Secretary of the Corporation named as CONTRACTOR in the foregoing Contract; that ____________________________________, who signed said Contract on behalf of said Corporation is authorized to fully bind the corporation to this Agreement; that said contract was duly signed for and on behalf of said corporation by authority of its governing body and is within the scope of its corporate powers.
_____________________________________
(Secretary)
(CORPORATE SEAL)
GENERAL CONDITIONS
1. CHANGES IN THE WORK:
City may order additions, deletions or revisions in the work which shall be authorized by written change order. Circumstances may occur where Contractor may need to apply for a change in the contract. Such changes must be applied for in writing in advance by Contractor and approved prior to doing of the additional work. Changes in contract price due to change orders shall be established either by (1) unit prices (where bidding was done by unit price), (2) based on the actual cost of the work (including but not limited to all labor and materials) plus an amount not to exceed 15 percent (15%) for overhead and profit together, or (3) by mutual acceptance of a lump sum.
2. BONDS:
A. For projects involving more than $25,000 the contractor shall furnish two bonds each in the amount of 100 percent (100%) of the contract price, one as security for the faithful performance of the work, and the other as security for the faithful payment and satisfaction of all persons furnishing materials and performing labor for the project. The labor and materials bonds shall remain in effect until the recording of a Notice of Completion. The performance bond shall remain in effect until the running of the warranty period. The bonds shall be issued by a corporation duly licensed to transact surety business in California. The bonds must be executed by a duly licensed surety company and accompanied by a certified copy of the authority to act and shall be on the form provided by City.
B. In the event of a default by contractor, City shall notify contractor of the specifics of the default and shall extend a reasonable time to contractor to cure same or to pay such damages as City may reasonably assess under the terms of the Public Works Contract. City shall not release the bonds or security until contractor has fully performed under the contract. If contractor fails to promptly cure any breach or to pay such damages as may have been reasonably assessed after notification of the breach and/or of the assessment of damages, City shall proceed to sell the securities and/or make demand on the bonds.
D. City reserves the right to accept or to reject the tender of any bond or security as being sufficient to protect the interest of the City.
3. CONTRACTOR LIABILITY AND INSURANCE:
Contractor shall be liable for all damages and injury which shall be caused to City or any other property on or in the vicinity of the work or which shall occur to any person or persons or property whatsoever arising out of the performance of this contract. Contractor shall purchase and maintain such commercial general liability and other insurance as is appropriate and/or as may be required in the special conditions, for the work being performed and furnished and which will provide complete protection to City.
Said policies shall be payable on a "per occurrence" basis unless City specifically consents to a "claims made" basis. At a minimum Contractor shall provide and maintain a policy of commercial general liability insurance in a combined single limit of two million dollars ($2,000,000.00) and Worker's Compensation Insurance.
Where the services to be provided under this contract involve or require the use of any type of vehicle by Contractor in order to perform said services, Contractor shall also provide comprehensive business or commercial automobile liability coverage including non-owned and hired automobile liability in the amount of one million dollars ($1,000,000.00).
City shall be a named insured and a certificate of insurance and endorsements shall be provided by Contractor prior to commencement of work. Contractor shall also purchase and maintain property insurance upon the work or equipment and supplies stored at the site, if any, to the full insurable value thereof. All policies of insurance shall contain a provision that the coverage will not be canceled, materially changed, or renewal refused until at least thirty (30) days prior written notice has been given to City. If a loss occurs, the above insurance shall be primary.
4. RISK OF LOSS:
Liability for loss or damage to equipment, materials, work completed or services occurring on or off the site shall be the responsibility of Contractor. Liability for completed work shall not be assumed by City until both the work has been completed and City has accepted the work as complete.
5. MATERIALS AND EQUIPMENT:
All material and equipment shall be of good quality and new unless the contract provides otherwise.
Whenever materials or equipment are specified or described in the contract documents by using the name of a proprietary item or a particular supplier, it is intended to establish the type, function and quality required. Any substitutions must be expressly consented to by City in advance of installation or use.
Where applicable, Contractor shall deliver all manufacturers’ operating and maintenance instructions to City prior to receipt of final payment.
6. WARRANTY AND CORRECTION PERIOD:
If within one year after the date of completion and City's acceptance of the work or such longer period of time as may be prescribed by law or regulations or by the terms of any applicable special guarantee required by the contract documents any work is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instruction, either correct such defective work, or, if it has been rejected by City, remove it from the site and replace it with non-defective work. If Contractor is unable to promptly and properly correct any defective work, City may at its option have the work corrected by such other means as City deems appropriate and hold Contractor liable for all direct, indirect and consequential costs caused by such defective work. Said warranty shall apply to all work found to be "defective" which is attributable to the quality or quantity of the materials used, the quality of the workmanship or for lack of proper performance under the contract. The warranty obligation shall not limit the City's right to otherwise seek damages in the event of any failure by Contractor to properly perform under this Agreement.
7. PERMITS AND TAXES:
Unless otherwise provided in the special contract provisions, Contractor shall obtain and pay for all construction permits, licenses or other permits necessary to complete the work and shall be liable for all governmental charges, inspection fees, utility connection charges, sales, consumer, use and other taxes.
8. INDEMNIFICATION:
Contractor shall fully indemnify, hold harmless and defend City and its consultants, agents, officers and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential arising out of or resulting from the negligent performance of the work herein or willful misconduct by Contractor.
9. SUSPENSION OF WORK:
City may, at any time and without cause, suspend the work or any portion thereof for a reasonable period of time by notice in writing to Contractor.
10. TERMINATION:
Except as limited by law or regulation, City may terminate this contract upon the occurrence of any one or more of the following events.
A. If Contractor commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if Contractor takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency;
B. If a petition is filed against Contractor under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against Contractor under any other federal or state law in effect at the time relating to bankruptcy or insolvency;
C. If Contractor makes a general assignment of its obligations and/or compensation under this Agreement;
D. If a trustee, receiver, custodian or agent of Contractor is appointed under applicable law or under contract, whose appointment or authority to take charge of property of Contractor is for the purpose of enforcing a lien against such property or for the purpose of general administration of such property for the benefit of Contractor's creditors; E. If Contractor admits in writing an inability to pay its debts generally as they become due;
F. If Contractor persistently fails to perform the work in accordance with the contract documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the time schedule); G. If Contractor disregards ordinances, laws or regulations of any public body having jurisdiction;
H. If Contractor disregards the authority of City's supervisory staff, and, in particular, the Contract Administrator;
I. If Contractor otherwise violates in any substantial way any provisions of the contract documents.
City may, after giving Contractor seven days' written notice, terminate the services of Contractor, exclude Contractor from the site and take possession of the work, incorporate in the work all materials and equipment stored at the site or for which City has paid Contractor but which are stored elsewhere, and finish the work as City may deem expedient. In such case Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price exceeds the direct, indirect and consequential costs of completing the work (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court costs) such excess will be paid to Contractor. If such costs exceed such unpaid balance, Contractor shall pay the difference to City. When exercising any rights or remedies under this paragraph, City shall not be required to obtain the lowest price for the work performed.
Where Contractor's services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability.
Upon seven days' written notice to Contractor, City may, without cause and without prejudice to any other right or remedy, elect to abandon the work and terminate the Contract. In such case, Contractor shall be paid for all work executed and any actual expense sustained.
11. SUPERVISION AND CLAIMS DETERMINATIONS:
11.1 CONTRACT ADMINISTRATOR
City may appoint staff or hire professional services for supervision and administration, at its election. Said person is hereinafter referred to as "Contract Administrator". Upon the appointment of any such Contract Administrator the City shall promptly notify Contract of such action. The Contract Administrator is delegated authority to determine the amount, quality, acceptability and fitness of the work, materials and equipment to be paid for under this contract, to decide for City all questions relative to contract interpretation, to reject or condemn all work or material which does not conform to the terms of this contract and to review and make a final determination on all claims submitted to City. In the absence of an appointment of a Contract Administrator, the City Director of Public Works shall perform these functions.
11.2 WRITTEN CLARIFICATION
If there is an ambiguity in the contract documents, Contractor shall request an interpretation from the Contract Administrator. Contractor Administrator shall issue a written clarification or interpretation. If Contractor believes that a written clarification or interpretation justifies an increase in the contract price or an extension of the contract time and the parties are unable to agree on the amount or extent thereof, Contractor may make a claim therefore.
11.3 CHANGE ORDER
The Contract Administrator may authorize or require variations in the work from the requirements of the contract documents so long as it is in writing. Contractor shall perform the work involved promptly. If Contractor believes that such a change order justifies an increase in the contract price or an extension of the contract time and the City and Contractor are unable to agree as to the amount or extent thereof, Contractor may make a claim therefore
11.4 UNIT PRICING
If the contract was based on unit pricing, the Contract Administrator will determine the actual quantities and classifications of unit price work. The Contract Administrator's written decisions thereon will be final and binding upon Contractor unless Contractor delivers to Contract Administrator written notice that Contractor disputes said decision and the reasons therefore as required below.
11.5 CLAIM PROCEDURE
For purposes of this paragraph, "claim" shall be defined as set forth in Public Contracts Code Section 20104(b)(2). Claims shall be presented in writing and include the documents necessary to substantiate the claim. Claims must be filed with the Contract Administrator no later
than thirty (30) days after the occurrence of the event giving rise thereto or denial of the change order, whichever occurs last. The form of said claims shall be the same as is required by Government Code Sections 910 and 910.2.
11.6 CLAIMS UNDER $50,000
If the claim is under $50,000, City shall respond in writing to Contractor within forty-five (45) days of receipt of Contractor's claim or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to Public Contracts Code Section 20104.2, upon mutual agreement of the City and the Contractor. The City's written response to the claim, as further documented, shall be submitted to the Contractor within fifteen (15) days after receipt of the further documentation or within a period of time no greater than that taken by the Contractor in producing the additional information, whichever is greater.
11.7 CLAIMS OVER $50,000
For claims over $50,000 and less than or equal to $375,000, City shall respond in writing to all written claims within sixty (60) days of receipt of the claim, or may request, in writing within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to Public Contracts Code Section 20104.2, upon mutual agreement of City and Contractor. The City's written response to the claim, as further documented, shall be submitted to Contractor within thirty (30) days after receipt of the further documentation, or within a period of time no greater than that taken by Contractor in producing the additional information or requested documentation, whichever is greater.
11.8 MEET AND CONFER
If Contractor disputes City's written response, or City fails to respond within the time prescribed above, Contractor may so notify City, in writing, either within 15 days of receipt of City's response or within fifteen (15) days of City's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer with such City representatives as the City Council of the City of Taft directs for settlement of the issues in dispute. Upon such demand, City shall schedule a meet and confer conference within thirty (30) days for settlement of the dispute.
11.9 APPEALS TO CITY COUNCIL
If following the meet and confer conference the claim or any portion remains in dispute, if Contractor desires to pursue Contractor's claim/demand for further compensation, Contractor shall be required to file a claim with the City Council of the City of Taft pursuant to procedures set out in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division
3.6 of Title 1 of the Government Code. All claims filed with the City Council of the City of Taft pursuant to the Government Code shall be filed within ninety (90) days of the denial of the original claim by the City representative. The running of the period of time within which a claim under the Government Code must be filed shall be tolled by any period of time utilized by the meet and confer conference. Any lawsuit which Contractor intends to bring with respect to any claim filed pursuant to the Government Code which claim has been denied by City must be commenced not later than six months after the recording of the notice of completion or not later than six months after the date final payment is deposited in the mail or personally delivered, whichever date comes first.
11.10 DOCUMENTATION
For every claim that Contractor makes, it shall provide the following documentation upon request of City as a condition precedent to consideration of the claim: Contractor's bidding calculations forms, cost estimates, time sheets, trend reports, job cost analysis records, labor records, as-built documents, any other records used by Contractor in arriving at its bid price, and any other documents or records kept by Contractor during the course of construction. In the event that claims are made, Contractor agrees that City shall have the right to conduct a complete audit of the books and records of Contractor relating to this project and any books and records relating to overhead, profit or general office expenses charged to this project.
11.11 CONTRACT ADMINISTRATOR NOT RESPONSIBLE
Notwithstanding the above, Contract Administrator shall not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto and will not be responsible for Contractor's failure to perform or furnish the work in accordance with the contract documents. Contract Administrator shall also not be responsible for the acts or omissions of Contractor or of any subcontractor, any supplier, or any other person or organization performing or furnishing any of the work.
12. PAYMENTS:
12.1 CONTRACTOR'S WARRANTY OF TITLE
Contractor warrants and guarantees that title to all work, materials and equipment covered by any application for payment, whether incorporated in the project or not, will pass to City no later than the time of payment free and clear of all liens.
12.2 CITY MAY REFUSE TO MAKE PAYMENT
City may refuse to make payment of the full amount or any part if, in City's opinion, it would be incorrect to make such payment, including, without limitation, if Contractor’s work has been deficient in any manner. City may also refuse to make any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in City's opinion to protect City from loss because:
12.2.1 DEFECTIVE WORK. The work is defective, or completed work has been damaged requiring correction or replacement,
12.2.2 REDUCTION IN PRICE. The contract price has been reduced by written amendment or change order,
12.2.3 REQUIRED CORRECTIONS. Contractor has been required to correct defective work or complete work, or
12.2.4 SUSPENSION OR TERMINATION. Of City's actual knowledge of the occurrence of any of the events enumerated in paragraphs relating to suspension of work and termination.
12.2.5 LIENS OR CLAIMS. City may refuse to make payment of the full amount because claims have been made against City on account of Contractor's performance or furnishing of the work or liens have been filed in connection with the work or there are other items entitling City to
a set-off against the amount recommended, but City must give Contractor immediate written notice stating the reasons for such action.
12.3 COMPLETION AND FINAL INSPECTION
When Contractor considers the entire work ready for its intended use, Contractor shall notify City in writing that the entire work is completed. Within a reasonable time thereafter, City and Contractor shall make an inspection of the work to determine the status of completion. If City does not consider the work complete, City will notify Contractor in writing giving the reasons therefor.
If City considers the work incomplete, City will prepare and deliver a list of items to be completed or corrected before final payment. Contractor shall immediately take such measures as are necessary to complete or correct the listed items.
12.4 ACCEPTANCE AND FINAL APPLICATION FOR PAYMENT
After Contractor has completed all such measures to remedy deficiencies to the satisfaction of City and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked-up record documents, property owner's releases and other documents, all as required by the contract documents, and after City has indicated that the work is acceptable, Contractor may make application for final payment. The final application for payment shall be accompanied by all documentation called for in the contract documents, together with complete and legally effective releases or waivers (satisfactory to City) of all liens and stop notices arising out of or filed in connection with the work. In lieu thereof and as approved by City, Contractor may furnish receipts or releases in full; an affidavit of Contractor that the releases and receipts include all labor, services, material and equipment for which a lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the work for which City or City's property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If any subcontractor or supplier fails to furnish are lease or receipt in full, Contractor may furnish a bond or other collateral satisfactory to City to indemnify City against any lien.
12.5 FINAL PAYMENT
If, on the basis of City's review of the final application for payment and accompanying documentation, all as required by the contract documents, City is satisfied that Contractor's obligations under the contract documents have been fulfilled, City will, within ten days after receipt of the final application for payment, process the application for payment. Otherwise, City will return the application to Contractor, indicating in writing the reasons for refusing to make final payment, in which case Contractor shall make the necessary corrections and resubmit the application. Thirty (30) days after presentation to City of the application and accompanying documentation, in appropriate form and substance, or thirty (30) days after recording of a Notice of Completion, whichever date is later, the amount will become due and will be paid by City to Contractor.
12.6 CONTRACTOR'S CONTINUING OBLIGATION
Contractor's obligation to perform and complete the work in accordance with the contract documents shall be absolute. Neither the issuance of a certificate of substantial completion, nor any payment by City to Contractor under the contract documents, nor any use or occupancy of the work or any part thereof by City, nor any act of acceptance by City nor any failure to do so, nor any review and approval of a shop drawing or sample submission, nor the issuance of a notice of acceptability, nor any correction of defective work by City will constitute an acceptance of work not in accordance with the contract
documents or a release of Contractor's obligation to perform the work in accordance with the contract documents.
12.7 ARBITRATION:
For claims under $375,000, City shall have the option of electing arbitration pursuant to Public Contracts Code Sections 10240, et seq. If City does not so elect, the provisions of Public Contracts Code Section 20104 shall apply. For claims which are above $375,000, the arbitration provisions of this contract are voluntary. Neither City nor Contractor shall be required to enter into arbitration for amounts above $375,000. Written consent of both parties to arbitrate such claims shall be a prerequisite to such arbitration. If the parties agree to arbitrate claims above $375,000, the provisions of Public Contracts Code Sections 10240, et seq. shall be utilized.
13. WORKER'S COMPENSATION CERTIFICATION:
Contractor hereby certifies that Contractor is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this contract.
14. PREVAILING WAGE RATES:
In accordance with the provisions of Section 1770 and 1773 of the Labor Code, the City of Taft has determined the general prevailing rate of wages applicable to the work to be done. These rates are on file in the Department of Transportation. The Contractor shall post a copy of the wage rates on the job site. Pursuant to California Labor Code Section 1775, Contractor shall forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates for such work or craft, and said amounts shall be distributed pursuant to the requirements of said Section 1775. Any employee whose type of work is not covered by any of the classified wage rates shall be paid not less than the rate of wage listed for the classification which most nearly corresponds to the type of work to be performed.
15. EMPLOYMENT OF APPRENTICE LABOR:
Reference is hereby made to Section 1777.5 of the Labor Code of the State of California, which regulations shall govern the employment of apprentices on the work. Compliance with said Section shall be the responsibility of the Contractor.
16. COLLECTIVE BARGAINING AGREEMENTS:
Pursuant to California Labor Code Section 1773.8, Contractor shall pay travel and subsistence payments to any workers covered by applicable collective bargaining agreements which provide for such payments.
17. PAYROLL RECORDS:
Contractor shall be responsible for keeping accurate payroll records as required by California Labor Code Section 1776. Contractor is aware that a penalty of twenty-five dollars ($25.00) per day or portion thereof for each worker may be assessed for noncompliance with said section.
Contractor shall forward to City a certified copy of each payroll record within ten days after close of each payroll period. An additional 10% retention may be withheld from any payment due for failure to provide same.
No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
18. EQUAL EMPLOYMENT OPPORTUNITY AND NONDISCRIMINATION:
During the performance of this contract, the contractor agrees to abide by all provisions of Section 1735 of the California Labor Code, as amended, regarding nondiscrimination practices.
19. ASSIGNMENT:
No assignment by a party hereto of any rights under or interests in the contract documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the contract documents.
20. CONFLICT OF INTEREST RESTRICTIONS:
No official of the City who is authorized in such capacity and on behalf of the City to negotiate, make, accept or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspecting, construction or material supply contract or any subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City who is in any legislative, executive, supervisor, or other similar function in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the project.
21. WAIVER OF RIGHTS:
No action or lack of action on the part of City at any time to exercise any right or remedy conferred upon it under this contract shall be deemed to be a waiver on the part of the City of any of City's other rights or remedies.
22. SUCCESSORS IN INTEREST:
City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other party hereto; its partners, successors, assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the contract documents.
23. SEVERABILITY:
If any provision to this contract is declared or found to be illegal, unenforceable or void, then both
parties shall be relieved of all obligations arising under such provisions, and the remainder of this contract shall not be affected by such declaration or finding and each provision not so affected shall be enforced to the fullest extent permitted by law.
24. BOOKS OF RECORD AND AUDIT PROVISION:
Contractor shall maintain on a current basis complete books and records relating to this contract. Such records shall include, but not be limited to, documents supporting all bids, all income and all expenditures. The books and records shall be original entry books with a general ledger itemizing all debits and credits for the work on this contract. In addition, Contractor shall maintain detailed payroll records including all subsistence, travel and field expenses, and cancelled checks, receipts and invoices for all items. These documents and records shall be retained for at least five years from the completion of this contract. Contractor will permit City to audit all books, accounts or records relating to this contract or all books, accounts or records of any business entities controlled by Contractor who participated in this contract in any way. Any audit may be conducted on Contractor's premises or, at City's option; Contractor shall provide all books and records within a maximum of fifteen (15) days upon receipt of written notice from City. Contractor shall refund any moneys erroneously charged. If City ascertains that it has been billed erroneously by Contractor for an amount equaling 5% or more of the original bid, Contractor shall be liable for the costs of the audit in addition to any other penalty to be imposed.
25. NOTICE:
Notices shall be given to City at the following location: If to "CITY":
City of Taft
City Manager
209 E. Kern Street
Taft, California 93268
If to "CONTRACTOR":
Black/Hall Construction
Attn: Glenn Black
P.O. Box 445
Taft, CA 93268
26. JURISDICTION AND VENUE:
This Contract shall be construed in accordance with the laws of the State of California and the parties hereto agree that venue shall be in the City of Taft, California, or if unable to seat venue in the City Taft, venue shall be in the County of Kern, California.
Exhibit A
Initial Contractor Authorized Representative: initial.
DESCRIPTION OF WORK
GENERAL
• Prep and paint all walls.
• Remove and replace all flooring.
• Remove and replace base molding.
• Prepare and paint all (E) cabinets that will remain.
• Replace window blinds throughout.
WALLS
• Repair all (E) damage and damage that occurs during construction, finish to provide a flat consistent surface, texture and paint to match adjacent walls.
• Where CMU walls are exposed, finish to match adjacent walls.
SPECIFIC
CHIEF’S OFFICE
• Prep and paint (E) cabinets.
OFFICE 2
• Prep and paint (E) cabinets.
SQUAD ROOM
• Remove (E) kitchen cabinet, install (N) cabinets and appliances. • Construct a non-bearing wall with (N) door between the squad room and computer room. • Remove non-bearing walls.
MEN’S AND WOMENS RESTROOMS
• Remove and replace lavatories and counters.
• Remove and replace wainscot in stalls.
• Install (N) shower enclosures.
CORRIDOR
• Replace water fountain with (N) filtered water system.
STORAGE (R12)
• Install new cabinets.
ALLOWANCES
Allowances are for products and materials only, installation/labor to be additional and included in the total bid amount.
• Window blinds $2,000 (does not include lobby)
Addendums & RFI’s
All work included in and clarified by Addendums 1 & 2 and Request for Information No’s 1-3 are to be included in this description/scope of work.
All fixtures/materials/products provided for this project shall be a quality commercial grade product.
SCOPE OF WORK
The work to be done consists of furnishing all labor, materials, implements, tools and machinery, except as otherwise specified, which are necessary and required to construct the proposed improvements designated.
By mutual consent in writing of the parties signatory to the Contract, alterations or deviation, increases or decreases, additions or omissions, in the plans and specifications, may be made and the same shall in no way affect or make void the Contract. The City reserves the right to increase or decrease the quantity of any item or portion of the work, or to omit portions of the work as may be deemed necessary or expedient by the City.
New and unforeseen work will be classed as extra work when such work cannot be covered by any of the various items or combination of items for which there is a bid price.
The Contractor shall do no extra work except upon written order from the City. For such work the Contractor shall receive payment as previously agreed upon in writing, or Contractor shall be paid on force account.
REVIEWED BY:
CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: MARCH 7, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
APPROVAL AND ADOPTION OF POLICIES AND PROCEDURES FOR VISITORS AND USE
OF CITY HALL, CONFERENCE ROOMS, AND COUNCIL CHAMBER
SUMMARY STATEMENT:
Since the remodel of City Hall and Covid, policy for visitors to City Hall have waned. Prior to the remodel visitors were required to sign in to visit City Hall. After the remodel, Covid procedures had entrance to City Hall by appointment only, followed by being back open to the full public but no policies or procedures for entry were put back in to place. Since City Hall is the workplace for many of the City employees, it is imperative that we offer a safe and secure workplace free of distraction, for the employees. This policy is written to provide that work environment while stilling being available to serve the public.
RECOMMENDED ACTION
1. Motion to approve and adopt the Policies and Procedures for Visitors and Use of City Hall, Conference Rooms, and Council Chamber; and
2. Find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): Yes, Draft Policy
PREPARED BY: HR Director/Assistant City Manager
Effective Date: XX/XX/2023 Section 118.1
POLICIES AND PROCEDURES FOR VISITORS AND USE OF CITY HALL,
CONFERENCE ROOMS, AND COUNCIL CHAMBER
It is the obligation of the City to provide a safe and secure workplace for employees, free of distraction, so that employees feel safe and can concentrate on performing their job duties. As City Hall is the workplace for city staff, with conference rooms available for hosting meetings, this policy is being implemented for visitors and their use of City Hall, the conference rooms, and the Council Chamber. This policy clarifies the types of meetings hosted at City Hall and outline policy and procedures for visitors.
Types of Meetings:
Public Meetings – these meetings are City Council meetings, Planning Commission meetings Standing Committee meetings and meetings governed by the Brown Act that are open and available to the public. Doors to access the meetings remain open to the public until these meetings conclude.
City Business Meetings – these are meetings to address city business matters, are calendared for a room, specified attendees are invited, and these meetings are open only to the invited attendees. These are not considered a “public meeting” and are not governed by the Brown Act.
However, per the Brown Act, at no such time will more than two Council Members or two Planning Commissioners attend any such meeting.
Staff Meetings – these are meetings that involve only city staff to address city business, are calendared for a room and are not open to the public.
Outside Agency Meetings – on occasion an outside agency will request use of a meeting room.
These requests are to be made to the City Clerk’s office per City of Taft Policies and Procedures Administrative Policy 118 with attendees following the City Hall visitor check-in procedure.
Procedures for Meetings:
1. All public meetings are noticed and agendized through the City Clerk’s office.
2. All city business meetings that are scheduled should be scheduled through the City Clerk's office or the City Manager’s office. The room will be calendared for the meeting and only those invited attendees will be allowed entrance to the meeting.
3. All staff meetings are scheduled internally and on the rare occasion that an attendee outside of staff is invited to attend they will need to go through the City Hall visitor check-in procedure.
City Hall Visitor Check-in Procedure:
1. Any/all visitors to City Hall shall enter through the Lobby of the building and sign in at the reception area.
Effective Date: XX/XX/2023 Section 118.1
2. Visitors will receive a visitors pass and return the pass to the reception desk once the visit is over.
3. Employees and/or Council Member must attend to their visitors while they are inside the premises, making sure to show respect and not distract working staff while in their workspace.
Policy for Use of City Hall/Conference Rooms/Council Chamber:
1. Any Council Member that would like to schedule a meeting for the purposes of City business shall schedule through the City Clerk’s office.
2. Any Council Member wanting to give a tour of City Hall and/or the Council Chamber shall schedule such tour through the City Clerk's office.
3. While visiting City Hall for any purpose, it is requested that courtesy be shown to employees by keeping distractions to a minimum and not utilizing the cell phone speaker to accept phone calls and hold conversations.
4. Buildings, facilities, and/or meeting rooms owned by the City of Taft shall not be used for the purpose of solicitation, campaign events, selling, fund-raising or similar activities. ** City Council Members, City Attorney and City Treasurer are not considered visitors and are not required to obtain visitor passes.