Date Posted: August 10, 2023
THIS MEETING WILL BE OPEN TO THE PUBLIC FOR IN-PERSON AND REMOTE PARTICIPATION PURSUANT TO GOVERNMENT CODE SECTION 54953(e).
MEMBERS OF THE PUBLIC MAY PARTICIPATE REMOTELY IN THE MEETING VIA THE FOLLOWING METHOD:
As always, the public may view the City Council meetings live on the City of Tracy’s website at CityofTracy.org or on Comcast Channel 26/AT&T U-verse Channel 99. To view from the City’s website, open the “Government” menu at the top of the City’s homepage and select “City Council Meeting Videos” under the “City Council” section.
If you only wish to watch the meeting and do not wish to address the Council, the City requests that you stream the meeting through the City’s website or watch on Channel 26.
Remote Public Comment:
During the upcoming City Council meeting public comment will be accepted via the options listed below. If you would like to comment remotely, please follow the protocols below:
• Comments via:
o Online by visiting https://cityoftracyevents.webex.com and using the following Event Number: 2557 041 8822 and Event Password: TracyCC o If you would like to participate in the public comment anonymously, you may submit your comment in WebEx by typing “Anonymous” when prompted to provide a First and Last Name and inserting [email protected] when prompted to provide an email address.
o Join by phone by dialing +1-408-418-9388, enter 25570418822#8722922# Press *3 to raise the hand icon to speak on an item.
• Protocols for commenting via WebEx:
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Listen for the Mayor to open that portion of the agenda for discussion, then raise your hand to speak by clicking on the Hand icon on the Participants panel to the right of your screen.
If you no longer wish to comment, you may lower your hand by clicking on the Hand icon again.
o Comments for the “Consent Calendar” “Items from the Agenda/Public Comment” or “Regular Agenda” portions of the agenda will be accepted until the public comment for that item is closed.
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TRACY CITY COUNCIL REGULAR MEETING AGENDA
Tuesday, August 15, 2023, 7:00 P.M.
Tracy City Hall Chambers, 333 Civic Center Plaza, Tracy Web Site: www.cityoftracy.org
TRACY CITY COUNCIL AGENDA 2 August 15, 2023
Americans With Disabilities Act - The City of Tracy complies with the Americans with Disabilities Act and makes all reasonable accommodations for the disabled to participate in Council meetings. Persons requiring assistance or auxiliary aids should call City Hall (209/831-6105) 24 hours prior to the meeting.
Addressing the Council on Items on the Agenda - The Brown Act provides that every regular Council meeting shall provide an opportunity for the public to address the Council on any item within its jurisdiction before or during the Council's consideration of the item, provided no action shall be taken on any item not on the agenda. To facilitate the orderly process of public comment and to assist the Council to conduct its business as efficiently as possible, members of the public wishing to address the Council are requested to, but not required to, hand a speaker card, which includes the speaker’s name or other identifying designation and address to the City Clerk prior to the agenda item being called. Generally, once the City Council begins its consideration of an item, no more speaker cards will be accepted. An individual’s failure to present a speaker card or state their name shall not preclude the individual from addressing the Council. Each citizen will be allowed a maximum of five minutes for input or testimony. In the event there are 15 or more individuals wishing to speak regarding any agenda item including the “Items from the Audience/Public Comment” portion of the agenda and regular items, the maximum amount of time allowed per speaker will be three minutes. When speaking under a specific agenda item, each speaker should avoid repetition of the remarks of the prior speakers. To promote time efficiency and an orderly meeting, the Presiding Officer may request that a spokesperson be designated to represent similar views. A designated spokesperson shall have 10 minutes to speak. At the Presiding Officer’s discretion, additional time may be granted. The City Clerk shall be the timekeeper.
Consent Calendar - All items listed on the Consent Calendar are considered routine and/or consistent wit h previous City Council direction. One motion, a second, and a roll call vote may enact the items listed on the Consent Calendar. No separate discussion of Consent Calendar items shall take place unless a member of the City Council, City staff or the public request discussion on a specific item.
Addressing the Council on Items not on the Agenda – The Brown Act prohibits discussion or action on items not on the posted agenda. The City Council’s Meeting Protocols and Rules of Procedure provide that in the interest of allowing Council to have adequate time to address the agendized items of business, “Items from the Audience/Public Comment” following the Consent Calendar will be limited to 15- minutes maximum period. “Items from the Audience/Public Comment” listed near the end of the agenda will not have a maximum time limit. A five- minute maximum time limit per speaker will apply to all individuals speaking during “Items from the Audience/Public Comment”. For non-agendized items, Council Members may briefly respond to statements made or questions posed by individuals during public comment; ask questions for clarification; direct the individual to the appropriate staff member; or request that the matter be placed on a future agenda or that staff provide additional information to Council. When members of the public address the Council, they should be as specific as possible about their concerns. If several members of the public comment on the same issue an effort should be made to avoid repetition of views already expressed.
Notice - A 90 day limit is set by law for filing challenges in the Superior Court to certain City administrative decisions and orders when those decisions or orders require: (1) a hearing by law, (2) the receipt of evidence, and (3) the exercise of discretion. The 90 day limit begins on the date the decision is final (Code of Civil Procedure Section 1094.6). Further, if you challenge a City Council action in court, you may be limited, by California law, including but not limited to Government Code Section 65009, to raising only those issues you or someone else raised during the public hearing, or raised in written correspondence delivered to the City Council prior to or at the public hearing.
Full copies of the agenda are available on the City’s website: www.cityoftracy.org
Date Posted: August 10, 2023
TRACY CITY COUNCIL AGENDA 3 August 15, 2023
CALL TO ORDER
PLEDGE OF ALLEGIANCE
INVOCATION
ACTIONS, BY MOTION, OF CITY COUNCIL PURSUANT TO AB 2449, IF ANY
ROLL CALL
PRESENTATIONS
1. Employee of the Month
2. Certificates of Recognition - Planning Commission
3. Proclamation – American Muslim Appreciation and Awareness Month
1. CONSENT CALENDAR
1.A. Adoption of June 27, 2023 Closed Session Minutes and June 27, 2023 Special Meeting Minutes, July 5, 2023 Closed Session Minutes and July 5, 2023 Special Meeting Minutes, August 1, 2023 Special Meeting Minutes, and August 7, 2023 Closed Session Minutes.
1.B. The Tracy Homelessness Advisory Committee recommends that the City Council adopt a Resolution approving a two-year general services agreement with SC Commercial, LLC dba SC Fuels, in a not to exceed amount of $500,000, for on-demand mobile fueling of diesel fuel at 370 W. Arbor Avenue, Tracy, CA 95304.
1.C. Waive the second reading and adopt an Ordinance revising Section 6.04.310 of the Tracy Municipal Code to correct typographical errors regarding business tax categories.
1.D. Adopt a Resolution appointing eight students and two adults to fill vacancies on the Youth Advisory Commission, based upon the selection panel’s recommendations.
1.E. Adopt separate resolutions approving a Professional Services Agreement, for an initial term of one year, with an administrative option to extend annually, for an additional two years, to provide on-call engineering support services related to the water and wastewater treatment plants, with the following consultants and not to exceed amounts: 1) Carollo Engineers, Inc. for a not to exceed amount of $300,000 annually (total not to exceed amount of $900,000); 2) Black Water Consulting Engineers, Inc. for a not to exceed amount of $300,000 annually (total not to exceed amount of $900,000)
1.F. Adopt a Resolution approving a one-year agreement with Jet Mulch, Inc. for playground wood fiber and mulch installation, with a not-to-exceed amount of $50,000 per fiscal year ($250,000 in total) and authorizing the City Manager to grant up to four, one-year extensions.
1.G. A dopt a resolution approving the execution of Amendment No. 1 to the Cooperative Agreement for Construction with the California Department of Transportation for the I- 580/Patterson Pass Road Interchange Project (CIP 73147).
1.H. A pprove the submission of a claim to the San Joaquin Council of Governments for Transportation Development Act funds in the amount of $11,651,948 for Fiscal Year 2022- 2023 and authorize the City Manager or designee to execute the claim.
TRACY CITY COUNCIL AGENDA 4 August 15, 2023
1.I. Staff recommends that the City Council authorize a Professional Services Agreement with West Coast Arborists, Inc. for the 2023-2024 Tree Maintenance Program, for an initial two years with authority for the City Manager to execute agreement extensions for an additional five years, with a not-to-exceed amount of $2,587,176 annually.
1.J. A dopt a resolution (1) rejecting all bids for the Temporary Emergency Housing Project on Arbor Road, Site Improvements Construction Package 2, CIP 71112, received October 19, 2022, and (2) authorizing staff to re-advertise the project.
1.K. A dopt a resolution to (1) accept the construction for the Improvements at Grant Line Road and MacArthur Drive Intersection Project, CIP 72121, for work completed by DV Electric, Co., of San Jose, California, (2) authorize the City Clerk to File the Notice of Completion with the San Joaquin County Recorder’s Office, (3) authorize the City Engineer to release the bonds and retention payment, and (4) authorize the Finance Department to close the Project.
1.L. A dopt a resolution: (1) Accepting the Board of State of Community Corrections Officers Wellness and Mental Health Grant in the amount of $73,718; (2) Appropriating the grant funding of $73,718 to the Police Department’s operational budget; (3) Approving a Professional Services Agreement (PSA) with Sigma Wellness, LLC (Sigma) for advanced preventative medical screenings for Tracy Police Department’s first responders, for a term of 12 months, with a not-to-exceed amount of $105,000; and (4) Determining that waiving the competitive bidding process to award the PSA to Sigma is in the best interest of the City, pursuant to 2.20.140(b)(6) of the Tracy Municipal Code.
1.M. A dopt a resolution (1) awarding a construction contract to Tennyson Electric, LLC of Livermore, California in the amount of $436,168 for the Streetlight Installation Project (CIP 72125), (2) approving a project not-to-exceed budget of $528,402, (3) appropriating $38,150 from the Gas Tax Fund (F245) to fund the Project, and (4) authorizing the City Manager to approve change orders up to the contingency amount of $43,617, if needed, pursuant to Tracy Municipal Code Section 2.20.090(b).
1.N. A pprove a Resolution adopting the Fiscal Year 2023-2024 and 2024-2025 City Council Strategic Priorities.
1.O. A dopt a Resolution authorizing the purchase of equipment from ABI Attachments, Inc. to maintain and operate Legacy Fields in the amount of $122,000.
1.P. A dopt a resolution approving the Offsite Improvement Agreement between the City and Lennar Homes of California, LLC, for public improvements required as part of the Conditions of Approval, for the Tracy Hills Phase 2 Zone 5 Water Main Improvements.
1.Q. A dopt six Resolutions approving General Services Agreements, each for two (2) year terms, with an administrative option to extend for an additional year, to supply and deliver certain chemicals necessary in the treatment process of water and wastewater, with the following vendors, for the specified amounts: (1) Hill Brothers Chemical Company (not to exceed amount of $250,000 annually); (2) Polydyne, Inc. (not to exceed amount of $1,500,000 annually); (3) Pioneer Americas, LLC (not to exceed amount of $2,500,000 annually); (4) HASA, Inc. (not to exceed amount of $100,000 annually); (5) Sterling Water Technologies, LLC (not to exceed amount of $250,000 annually); and (6) Thatcher Company of California, Inc. (not to exceed amount of $1,500,000 annually).
TRACY CITY COUNCIL AGENDA 5 August 15, 2023
1.R. City Council 1) authorize the purchase of three (3) 29-foot low floor buses for Tracer fixed route service for a total of $2,175,000 from Gillig, LLC through the California Association for Coordinated Transportation/Morongo Basin Transit Authority Purchasing Cooperative Contract #18-01, pursuant to Tracy Municipal Code section 2.20.210; 2) approve a contingency amount of $75,000 for change orders necessary resulting during production; and 3) appropriate an additional $250,000 to Capital Improvement Project 77590 for the additional costs.
1.S. A dopt a resolution approving the First Amendment to the Subdivision Improvement Agreement for Western Park and Orchard Park (Parks) in the Ellis Specific Plan area to allocate credit and security amounts as between the Parks and reflect adjustments due to the voided Master Program Improvements and Reimbursement Agreement and authorize the City Clerk to file the First Amendment with the San Joaquin County Recorder’s Office.
1.T. A dopt a resolution (1) accepting improvements for Western Park within Ellis Town and Country, Tract 4007 subdivision, constructed by LS-Tracy, LLC, and accepting future maintenance and repair; and (2) authorizing the City Clerk to file the Notice of Completion for Western Park and record said notice with the San Joaquin County Recorder’s Office; and (3) authorizing the City Engineer to release the Western Park improvement security in accordance with the terms of the Subdivision Improvement Agreement, as amended.
1.U City Council (1) determine that waiving a competitive bidding process is in the best interest of the City, Pursuant to Tracy Municipal Code Section 2.20.140(B)(6); and (2) adopt a resolution approving (A) Amendment No. 1 to the Master Professional Services Agreement with West Yost & Associates for water pressure and capacity analyses and engineering services to extend the agreement, by an additional 18 months, through December 31, 2024, and increase compensation, from $200,000 per calendar year to a not-to-exceed amount of $300,000 per calendar year, and (B) Amendment No. 1 to the Master Professional Services Agreement with Wood Rodgers for storm drainage engineering services to extend the agreement, by an additional 18 months, through December 31, 2024, and increase compensation from $200,000 per calendar year to a not-to-exceed amount of $300,000 per calendar year.
2. ITEMS FROM THE AUDIENCE
3. REGULAR AGENDA
3.A. The Planning Commission recommends that the City Council conduct a public hearing and, upon conclusion, introduce an Ordinance: 1) Certifying an Environmental Impact Report, Adopting a Mitigation Monitoring and Reporting Program, and making findings of fact and a statement of overriding considerations for the annexation and future development of industrial buildings on the 191.18-acre property located at the northeast corner of Grant Line and Paradise Roads (Assessor’s Parcel Numbers 213-170-14, -24, -25, -26, -27, And - 48, collectively, the “Property”) in accordance with the California Environmental Quality Act; 2) Amending the Northeast Industrial (“NEI”) Specific Plan to add the Property to the NEI Specific Plan Area with a land use designation of light industrial (SPA22-0003); 3) Approving the prezoning of the Property to NEI Specific Plan Zone (AP20-0003); and 4)Approving the submittal of a petition to the San Joaquin County Local Agency Formation Commission for annexation of the Property to the City of Tracy.
TRACY CITY COUNCIL AGENDA 6 August 15, 2023
3.B. City Council review and discuss the Wastewater Master Plan Update.
3.C. City Council review and discuss the Citywide Water System Master Plan Update.
3.D. City Council, by motion, designate a voting delegate and up to two alternate voting delegates for the League of California Cities (CalCities) 2023 Annual Conference Business Meeting.
3.E. City Council appoint, by motion, one member, to the Tracy Finance Committee to fulfill the remainder of the annual term, pursuant to the City Council’s appointment procedures.
3.F. City Council, by motion, appoint five adult City residents to serve on the Environmental Sustainability Commission.
3.G. City Council appoint, by separate motions, subcommittees of two Councilmembers, and an alternate, to interview applicants to fill the following: 1) four vacancies on the Board of Appeals, 2) one vacancy on the Measure V Residents’ Oversight Committee, 3) two vacancies of the Planning Commission, and 4) one vacancy on the Tracy Arts Commission.
4. ITEMS FROM THE AUDIENCE
5. STAFF ITEMS
6. COUNCIL ITEMS
7. ADJOURNMENT
TRACY CITY COUNCIL - SPECIAL MEETING MINUTES
June 27, 2023, 5:00 p.m.
Tracy City Hall, 333 Civic Center Plaza, Tracy, CA.
1. Mayor Young called the meeting to order at 5:04 p.m.
2. There was no action required pursuant to AB 2449.
3. Roll call found Council Members Bedolla, Evans, Mayor Pro Tem Davis and Mayor Young present.
Council Member Arriola arrived at 5:12 p.m. after roll call.
4. ITEMS FROM THE AUDIENCE - Alice English asked that Council be mindful of public’s time, referring to the June 20th meeting and shared dates of multiple examples when the meetings went over six to seven hours. Ms. English expressed her frustration on the issue that some speakers are being allowed to speak longer than others. Ms. English shared that the attorney for Surland had spoken out of turn on June 20 th for a time that
was longer than the allotted time and her disappointment with Council Member Arriola for failing the will of the residents and not accepting the land. Ms. English requested that the item regarding the land for the aquatic center come back as a special meeting.
5. REQUEST TO CONDUCT CLOSED SESSION
5.A Conference with Labor Negotiators (Gov. Code § 54957.6)
• City Negotiators
Midori Lichtwardt, Interim City Manager
Karin Schnaider, Assistant City Manager
Kimberly Murdaugh, Human Resources Director
JoAnn Weberg, Human Resources Manager
Sara Cowell, Finance Director
Bijal Patel, City Attorney
Michal Jarvis, Labor Relations Consultant
• Employee Organizations:
Tracy Police Officers’ Association
5.B Conference regarding Labor Negotiations involving Joint Powers Agency (JPA) pursuant to Gov. Code § 54956.96
• Negotiators for South San Joaquin County Fire Authority (JPA):
Randall Bradley, Fire Chief
Christopher Boucher, Legal Counsel
Marc Zafferano, Legal Counsel
• Employee Organizations:
Tracy Firefighters Association
South County Fire Authority Association
Special Meeting Minutes 2 June 27, 2023
ACTION: Motion was made by Council Member Bedolla and seconded by Mayor Pro Tem Davis to recess to closed session. Roll call found all in favor; passed and so ordered. Time: 5:15 p.m.
6. Reconvene to Open Session – 7:04 p.m.
7. Report of Final Action, if Any – No reportable action.
8. Council Items and Comments – None
9. Adjournment – Time: 7:05 p.m.
ACTION: Motion was made by Council Member Arriola and seconded by Mayor Pro Tem Davis to adjourn. Roll call found all in favor; passed and so ordered.
The above agenda was posted at the Tracy City Hall on June 22, 2023. The above are action minutes. A recording is available at the office of the City Clerk.
____________________________
Mayor
ATTEST:
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City Clerk
TRACY CITY COUNCIL SPECIAL MEETING MINUTES
June 27, 2023, 7:00 p.m.
City Hall, 333 Civic Center Plaza, Tracy Web Site: www.cityoftracy.org
1. Mayor Young called the meeting to order at 7:16 p.m.
2. There were no actions taken pursuant to AB 2449.
3. Roll call found Council Members Arriola, Bedolla, Evans, Mayor Pro Tem Davis and Mayor Young present.
4. ITEMS FROM THE AUDIENCE – Gabriela Rodriguez Machuca shared that she submitted her comments via email and clarified that it was intended for the City Council and City Manager, it was in response to documents that had been made public via an agenda publication by the Planning Commission.
Daniel Helm apologized for a comment he made at a previous meeting that the Mayor should be muzzled stating it was never his intent to compare the Mayor to a canine. Mr.
Helm also expressed his support for offering the Interim City Manager Midori Lichtwardt the job of City Manager since she has in numerous occasions stepped up and taken charge.
Community Member expressed frustration that at the last Council meeting the attorney representing Surland produced conditions for the City to accept and how the Mayors behavior and favoritism to certain parties is exactly why the Mayor should be censured.
Rosario Arulappan shared that the Tracy residents want item 3D from the June 20 th
agenda to come back and shared there were Council Members that received campaign funds and this is a direct conflict of interest, reminded Council Members that if they vote against the will of the people the people will not support their future political ambitions.
Six Community Members expressed disappointment in the Council and requested that Council bring back agenda item 3D from the June 20th meeting and requested a special meeting to exclusively discuss the aquatic park and accept the 16 acres of land.
Tim Silva expressed disappointment regarding the increase in wastewater rates stating constituents will feel the pain on this and not the City and was hoping that the City would take a hit on their rating and this increase should have been done in a more moderate way.
Don Penning expressed that the collective leadership needs to be better managed starting with the Mayor and urged the Mayor to be the leader that group and community needs to be able to manage difficult situations.
Fourteen Community Members expressed disappointment in the Council and requested that Council bring back agenda item 3D from the June 20th meeting and requested a special meeting to exclusively discuss the aquatic park and accept the 16 acres of land.
Special Meeting Minutes 2 June 27, 2023
James Damasco expressed that the Mayor shamelessly attempted to play divisive race politics at both May Council meetings and stated that this censure was necessary to preserve the unity and integrity of the community and shared that the Mayor was elected by 10% of the City population and used her position to sow seeds of discord and exploit racial tension for political gain and such actions are unethical and the City deserves leaders who prioritize inclusivity, harmony and progress for all.
Two Community Members expressed disappointment in the Council and requested that Council bring back agenda item 3D from the June 20th meeting and requested a special meeting to exclusively discuss the aquatic park and accept the 16 acres of land.
Alice English expressed that Council broke the protocol, the Brown Act and the Code of Conduct and against the advice of the City Attorney the Mayor allowed the attorney from Surland to continue speaking on an item that was not on the agenda and that they are not acting on good faith, shared that those items relating to the aquatic center should be brought back.
Sandy Taylor shared that the City has created barriers and the City Attorney has ignored requests from Surland along with Council Members Bedolla and Evans to schedule meetings. Ms. Taylor shared that she has witnessed Council Members Bedolla, Evans and Mayor Pro Tem Davis create a toxic work environment for staff and that they have maligned the intentions of Mayor Young.
Council Member Bedolla clarified that he has met with Surland representatives on numerous occasions.
Sandy Taylor was allowed to continue with her comment and stated that Council Members Bedolla and Evans have slandered Mayor Young and Council Member Arriola publicly.
Council Member Evans called a point of order and stated that he disagrees with the disinformation and that Mayor Young selectively allows personal attacks. Council Member Evans stated to Mr. Serpa that he did not find it appropriate to meet with him until he complied with the court order and stands by that decision.
Michel Bazinet shared that he attended the Ellis event where Council Members Evans and Bedolla were present and stated that there are four items that are open for negotiations between the City and Surland. Mr. Bazinet urged the City to accept the vision for the aquatic center and the completed designs and not start over.
Council Member Evans called a point of order as a mischaracterization of facts as to what happened at the Ellis event.
Rahul Reddy expressed disappointment in the Council and requested that Council bring back agenda item 3D from the June 20
th meeting and requested a special meeting to
exclusively discuss the aquatic park and accept the 16 acres of land.
Steve DeBorba expressed that when he moved to Ellis that they were promised an aquatic park that was coming soon and requested that Council bring back agenda item Special Meeting Minutes 3 June 27, 2023
3D from the June 20th meeting and requested a special meeting to discuss the aquatic park.
5. DISCUSSION ITEMS
5.A Continuation of the publ ic hearing to adopt a resolution approving service revisions to the Tracer bus service effective August 1, 2023.
Mayor Young opened public hearing.
Ed Lovell, Transit Manager provided the staff report.
Council comments and questions followed.
Community Member shared that he is excited about this bus service to Ellis especially since he is a commuter that utilizes the ACE train, thanked Rosario Arulappan for his work with the Council and City representatives to get this project.
Rosario Arulappan shared that the Tracer bus service will be a great benefit to Ellis homeowners and those that park at the ACE train station and that this is needed in the southern part of Tracy considering the growth that is taking place in that area.
Community Member shared his excitement for this pilot program considering that there is no public transport in that area currently and also requested that the service be extended to other schools in the community so that it makes it easier for the parents, asked questions about the fares and requested simplification of the fare schedule.
Community Member asked if additional road design expansion and stop signs and bike lanes have been considered.
Alice English expressed gratitude to staff and commissioners for their work on this project and urged Council to approve this plan.
Community Member expressed concerns regarding the stop sign near the ACE train and asked if there will be an additional extension and repairs to the road and requested that the new bus routes become permanent.
Tim Silva thanked City staff, Transportation Commission, and SJCOG for the diligent work on this project and would like to see this project expanded to more stops at Tracy Hills and Ellis become permanent and hopes that service quality is maintained.
Rahul Reddy expressed appreciation for those that worked on getting this done for the residents that live in south Tracy, also requested that Corral Hollow and Lammers Road extension be expedited to help ease the traffic burden.
Mayor Young closed the public hearing.
Special Meeting Minutes 4 June 27, 2023
Council questions and comments continued.
ACTION: Motion was made by Mayor Pro Tem Davis and seconded by Council Member Arriola to adopt Resolution 2023-121 approving service revisions to the Tracer Bus System effective August 1, 2023. Roll call found all in favor; passed and so ordered.
5.B City Council 1) adopt an Urgency Ordinance, pursuant to Government Code, § 36937(d), revising Section 6.04.310 of the Tracy Municipal Code to correct typographical errors regarding business tax categories to take effect immediately upon adoption and 2) introduce an Ordinance revising Section
6.04.310 of the Tracy Municipal Code to correct typographical errors regarding business tax categories.
Karin Schnaider, Assistant City Manager provided the staff report.
Council questions and comments followed.
Necy Lopez, Deputy City Clerk reads the title of the urgency ordinance.
ACTION: Motion was made by Council Member Arriola and seconded by Mayor Pro Tem Davis to adopt an Urgency Ordinance revising Section 6.04.310 of the Tracy Municipal Code to correct typographical errors regarding Business Tax Categories. Roll call found all in favor; passed and so ordered.
Necy Lopez, Deputy City Clerk reads the title of the proposed ordinance.
ACTION: Motion was made by Council Member Bedolla and seconded by Mayor Pro Tem Davis to introduce an Ordinance revising Section 6.04.310 of the Tracy Municipal Code to correct typographical errors regarding Business Tax Categories. Roll call found all in favor; passed and so ordered.
5.C City Council (1) receive an informational report regarding the Fiscal Year 2023-2024 and 2024-2025 City Council Strategic Priorities, (2) provide feedback on strategic priority goals and objectives, and (3) by motion, accept the City Council Workshop Report as the February 4 and 5, 2023 Special Meeting Minutes.
Vanessa Carrera, Assistant to the City Manager provided the staff report.
Council questions and comments followed.
Tim Silva expressed that City of Tracy needs a better way to get information to the public especially when there are those that do not use technology and requested that there be non-digital platforms for the public to get their information.
Gabriela Rodriguez Machuca expressed her frustration regarding the business retention plan and as a business owner feels that the City is not doing a good job in that, regarding the TOD, when will that be coming back to Council, is Measure V for the aquatic center and it would be helpful if the Council could explain to the Special Meeting Minutes 5 June 27, 2023
community what is going on or preventing the Measure V amenities in becoming a reality. Requested that there be a booth at the farmers market so that community members can ask questions and learn more about what is happening in Tracy.
Council comments and questions continued.
ACTION: Motion was made by Council Member Arriola and seconded by Council Member Bedolla to receive the informational report regarding the Fiscal Year 2023-2024 and 2024-2025 City Council Strategic Priorities and accept the City Council Workshop Report as the February 4 and 5, 2023 Special Meeting Minutes. Roll call found all in favor; passed and so ordered.
6. COUNCIL ITEMS – Council Member Arriola thanked City Attorney Bijal Patel for the confidential memo regarding district elections and asked for support to agendize that the City voluntarily converting to election district to take effect for the 2024 elections, Mayor Young supported and wished everyone a happy and safe 4
th of July.
Council Member Evans thanked Ellis residents that came forward in support of the aquatic center and congratulated them on how organized they were, shared that he will continue fighting for them because they deserve the aquatic center.
Council Member Evans stated that he will get the aquatic center built for the people of Ellis and that it was his intent to build in Ellis, is open to looking elsewhere in the City for other land options.
Council Member Bedolla shared that before exploring for other opportunities for the aquatic park requested support for the City Attorney bring to Council as the first item on the July 5
th agenda, the resolution to accept the IOD from Surland Communities for the 16-acres of community parkland for an aquatic park, Council Member Evans supported as long as it comes back with discussion regarding other options.
Mayor Young requested further clarification. City Attorney Bijal Patel clarified the motion that Council Member Arriola had made at a prior meeting and clarified that since this is an item that is pending litigation, findings will be discussed in a closed session meeting.
Ms. Patel restated and shared that the City does not believe that the acceptance of the land is not part of the pending litigation even though that was the proposal that was on the table and since there was a split vote, a motion can be made to bring the same item back for consideration.
Council Member Evans requested that Council Member Bedolla restate his request, Council Member Bedolla stated that it was to bring back the same resolution from the prior meeting.
Council Member Evans asked if the hope is to have a different outcome than before, shared that he misunderstood the request but continues to support Council Member Bedolla’s request.
Mayor Young stated that the staff does not have the bandwidth to bring item back, City Attorney Bijal Patel clarified that it was not regarding the item that was already heard at Special Meeting Minutes 6 June 27, 2023
the previous meeting but that any additional analysis would require more time for staff to work on.
Council Member Arriola asked for clarification that the motion that he had made on the prior meeting will be coming back along with the item that Council Member Bedolla is requesting to come back.
Council Member Bedolla clarified that he is requesting support to consider accepting the IOD one last time before exploring the City’s option on how to deliver the aquatic park for the community and finds appropriate that the closed session item that will be coming forth on July 5
th will assist on making a better decision regarding the 16-acres.
Mayor Young stated that in scheduling these two items together will give the presumption that negotiations are going to fail. Council Member Bedolla disagreed and stated the closed session would be first and if Council has enough information to accept the 16-acres then it would be voted upon in a public meeting. Mayor Young continued to state that it would be perceived that there is not a good faith effort on the City’s part.
City Attorney Bijal Patel clarified that the belief is that these are two separate items and that the developer has bundled them in a settlement proposal but that does not prevent Council from deciding to keep them unbundled and shared that it could be a lengthy negotiations process considering that the proposal presented by the developer is not easy to digest or negotiate.
Council Member Evans shared that his intent is to get this moving as quickly as possible and wants to start looking at options and is willing to look at options that will lead to success and the only option that he sees is Surland out of the equation.
Council Member Bedolla shared that he would like this item to come back in July. Mayor Young stated that this item can go until August since there is no urgency because in her opinion it is not showing good faith negotiations and that it is not taking into consideration the motion that was previously made. City Attorney Bijal Patel shared that she has been working with outside counsel regarding the item that was presented at the last meeting. Mayor Young expressed her concerns about the complexity of the item.
Ms. Patel shared that the item can be agendized and then the item can be pulled if Council is not prepared to discuss the item. Mayor Young suggested that items be heard separately and stated that Council agrees that the aquatic park should be built the disagreement is how to proceed.
Assistant City Manager Karin Schnaider clarified that the item that Council Member Bedolla and Council Member Evans seconded, is requesting item 3D be republished as it was presented on June 20, 2023, with no other analysis added, Council Member Bedolla confirmed. Ms. Schnaider also confirmed with a motion that was made during a previous meeting by Mayor Pro Tem Davis and that was seconded by Council Member Evans, that there is another discussion coming back to discuss other locations with a goal date of potentially being August or September.
Ms. Schnaider verified with Mayor Pro Tem Davis as the motion maker if that timeframe was acceptable. Mayor Pro Tem Davis confirmed that the timeframe presented was acceptable but is dependent on the motions that will be coming first. Mayor Young asked Special Meeting Minutes 7 June 27, 2023
for clarification that Ellis is not part of the discussion. Ms. Schnaider confirmed that staff is gathering all City owned potential properties to bring back and that is how it was asked and that is what will be brought to Council.
Mayor Young asked if the motion previously made by Mayor Pro Tem Davis included Ellis, considering a potential conflict of interest. Mayor Pro Tem Davis clarified that her motion stated that it was looking for alternatives, not including Ellis considering that she is unable to speak on Ellis and that motion was made based on the letter that was sent and that is why the motion was made based on City owned properties. Parks and Recreation Director Brian MacDonald clarified that the motion from Mayor Pro Tem Davis stated was for staff to research alternative sites on City owned land to locate the aquatic center using a P3 model and on April 4 there was an additional motion made by Council Member Bedolla and seconded by Council Member Evans to include Legacy Fields and confirmed that Ellis would not be considered in that item.
Mayor Young stated that in the past Legacy Fields had been looked at and it was deemed that it was not a place to build and after a two-year diversion, wants to make sure that if there are any changes from the research that took place in the past, because staff should have that information already.
Parks and Recreation Director Brian MacDonald responded further analysis and engineering analysis would require further direction from Council. Mayor Young shared that this information should already be available and is unsure as to why it would need support since it should be something standard. Interim City Manager Midori Lichtwardt shared that Mr. MacDonald has a plan to bring an item back on August 15 and that the staff report will include historical information to give context and ask Council for direction.
Mayor Pro Tem Davis asked if workshops are recorded and if they are not can they be recorded in the future. Assistant City Manager Karin Schnaider clarified if Mayor Pro Tem was referring to the strategic workshop and shared that if they are offsite, they are not recorded. Interim City Manager Midori Lichtwardt shared that the workshops are not recorded via video or audio and that the workshop was presented by a consultant, the consultant provided a report that was adopted as minutes. Council Member Arriola verified that the report provided had been adopted earlier in this meeting as the minutes for the Strategic Workshop.
Mayor Pro Tem Davis requested that in the future Council consider holding those meetings in a space that can be recorded given the magnitude of information presented so that it is known what is said and by whom. Council Member Bedolla supported and requested that all workshops be done in chambers so that there is the ability to record.
Mayor Pro Tem Davis shared that by recording the meetings it would be important for Council to have the ability to go back and review. Interim City Manager Midori Lichtwardt shared that it would be a workshop rather than a retreat and expressed that although it is a public meeting, a retreat allows for more candid discussions but if it is the Council’s desire to change that it can be discussed.
Mayor Young stated that if staff brings retreat discussion back to Council within a few weeks rather than months that it is easier for Council to remember what was discussed and that it should be codified much closer to date of retreat.
Special Meeting Minutes 8 June 27, 2023
Mayor Young welcomed this year’s City’s 25 summer youth interns and shared that she would like to expand the Early Workforce Development Program to college students.
Interim City Manager, Midori Lichtwardt wished everyone a safe and sane 4 th of July,
• Fireworks go on sale on June 28, please visit the City website or social media posts for details, fireworks booth locations and safety guidelines. • Cooling Centers will be activated and open during business hours since temperatures are reported to be over 100 degrees. On Sunday, the Transit Station will be on standby, if temperatures are forecast to be 100 degrees and over, the Transit Station will be open from 12 p.m. to 6 p.m., the library will be open from 12 p.m. to 5 p.m. On July 4
th the Transit station will be closed for the
holiday unless temperatures are forecast to reach 100 degrees. • There will be a 4th of July drone show at Tracy High School, instead of the traditional fireworks show, Chamber of Commerce is headlining this event.
There will be breakfast in the park, balloon lift off, and a parade in the morning.
7. ADJOURNMENT – Time: 11:11 p.m.
ACTION: Motion was made by Council Member Arriola and seconded by Mayor Pro Tem Davis to adjourn. Roll call found all in favor; passed and so ordered.
The above agenda was posted at the Tracy City Hall on June 22, 2023. The above are action minutes. A recording is available at the office of the City Clerk.
____________________________
Mayor
ATTEST:
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City Clerk
TRACY CITY COUNCIL - SPECIAL MEETING MINUTES
July 5, 2023, 5:00 p.m.
Tracy City Hall, 333 Civic Center Plaza, Tracy, CA.
1. Mayor Young called the meeting to order at 5:00 p.m.
2. There was no action taken by Council pursuant to AB 2449.
3. Roll call found Council Member Evans, Mayor Pro Tem Davis and Mayor Young present.
Council Members Arriola and Bedolla absent from roll call.
Council Member Bedolla arrived at 5:07 p.m. Council Member Arriola arrived at 5:14 p.m.
4. ITEMS FROM THE AUDIENCE – Alice English spoke about freedom of speech being violated, the Mayor violating the Code of Conduct and Brown Act, referred to the June 20, 2023 Council meeting and Council Member Arriola deviating from the agenda, Mayor allowing Surland’s attorney to speak about something not on the agenda, and also allowed Prologis to speak beyond their time in 2021 which is setting bad precedence.
The Chair has rules and conduct to follow also.
Mayor Young asked the Parliamentarian if she had violated any of the rules regarding public comment. Bijal Patel, City Attorney clarified the speaker was referring to the June 20 meeting and explained the process regarding public comment as proponent or group and comments on agendized and non-agendized items.
Mayor Pro Tem Davis asked what supersedes, is it the Code of Conduct or constitutional law.
Ms. Patel responded there is an order of hierarchy of laws and rules and the first order is the constitution and rights afforded to speakers through the first Amendment. There is a layer of language in the Brown Act and third layer is local rules. For California the best guiding rules is the Brown Act.
Gabriela Machuca stated she had emailed Council and hoped that they all took time to look at the communication to be more familiar with their journey with the City of Tracy over the last year. Hoped Council directs management to make changes because something isn’t working right. Ms. Machuca requested that Council look at the mobile food vendor ordinance.
5. REQUEST TO CONDUCT CLOSED SESSION
Real Property Negotiations (Gov. Code Section 54956.8)
5.A. Property Location: APN: 235-068-06
729/741 N. Central Avenue, Tracy, CA (commonly
known as Westside Market)
Negotiators for the City: Karin Schnaider, Acting City Manager Brian MacDonald, Interim Assistant City Manager
Special Meeting Minutes 2 July 5, 2023
Adriana Castaneda, Director of Mobility and
Housing
Vanessa Carrera, Assistant to the City Manager
Bijal Patel, City Attorney
Negotiator for Developer: Jennifer Magud, Assistant Director of Development Delta Community Developers
Corporation
Under Negotiation: Price & Terms of Payment
5.B CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
MARY MITRACOS, v. CITY OF TRACY, and SURLAND COMMUNITIES, LLC, CASE NO. C093383; COURT OF APPEAL, STATE OF CALIFORNIA THIRD
APPELLATE DISTRICT
5.C CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9, and significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9.
Alice English referred to the June 6 meeting and spoke about the difference between comment and proposal and the proposal was not on the agenda. City Attorney did remind Council that the comments made by Surland’s attorney was not on the agenda. It was about the proposal. Surland’s attorney had over three months to come to Council with a proposal and all Council received a letter dated March 6 and the agenda was March 7 and Council Member Arriola and Mayor acted like they did not get the letter.
Mayor Pro Tem Davis recused herself from item 5.B and 5.C due to proximity of real property.
ACTION: Motion was made by Council Member Bedolla and seconded by Mayor Pro Tem Davis to recess to closed session. Roll call found all in favor; passed and so ordered. Time: 5:23 p.m.
6. Reconvened to Open Session – Time: 7:13 p.m.
7. Report of Final Action, if Any - None
8. Council Items and Comments – None
Special Meeting Minutes 3 July 5, 2023
9. Adjournment – Time: 7:14 p.m.
ACTION: Motion was made by Council Member Arriola and seconded by Mayor Pro Tem Davis to adjourn. Roll call found all in favor; passed and so ordered.
The above agenda was posted at the Tracy City Hall on June 29, 2023. The above are action minutes. A recording is available at the office of the City Clerk.
____________________________
Mayor
ATTEST:
___________________________
City Clerk
TRACY CITY COUNCIL SPECIAL MEETING MINUTES
July 5, 2023, 7:00 p.m.
City Hall, 333 Civic Center Plaza, Tracy Web Site: www.cityoftracy.org
Mayor Young called the meeting to order at 7:19 p.m.
Mayor Young led the Pledge of Allegiance.
Pastor Paul Brown, Victory Christian Church offered the invocation.
There were no actions taken pursuant to AB 2449.
Roll call found Council Members Arriola, Bedolla, Evans, Mayor Pro Tem Davis and Mayor Young present.
Karin Schnaider, Assistant City Manager presented Employee of the Month award for July to Heather Kooreman, Development Services Department.
Mayor Young presented a Proclamation for Parks and Recreation Month to Brian MacDonald, Interim Assistant City Manager.
1. CONSENT CALENDAR – Following the removal of consent items 1.D by Robert Tanner,
1.D, 1.F and 1.K by Gabriela Machuca and 1.D, 1.G, 1.H, 1.I, and 1.L by James Damasco motion was made by Council Member Arriola and seconded by Mayor Pro Tem Davis to adopt the Consent Calendar. Roll call found all in favor; passed and so ordered.
1.A Adoption of June 20, 2023 Closed Session and Regular Meeting Minutes – Minutes were adopted.
1.B. Adopt a Resolution approving the City of Tracy’s Updated Transit Division Title VI Program.– Resolution 2023-122 approved the Updated Transit Division Title VI Program.
1.C. A dopt a resolution approving Amendment No. 1 to the Professional Services Agreement with AECOM Technical Services, Inc. to Extend the Term of the Agreement.– Resolution 2023-123 approved Amendment No. 1 to the Professional Services Agreement with AECOM Technical Services, Inc.
1.E. Adopt a Resolution approving the purchase of equipment to maintain Legacy Fields in the amount of $194,300.– Resolution 2023-124 approved the purchase of equipment to maintain Legacy Fields.
1.J A
dopt a Resolution: 1) approving the MOU between City of Tracy and Tracy General Teamsters Local No. 439, IBT; 2) approving the MOU between City of Tracy and Tracy Technical and Support Services Employee Association; and 3) authorizing an amendment to the City’s Master Salary Schedule to reflect the terms of the MOUs.– Resolution 2023-125 approved the MOU with the General Teamsters Local No. 439, IBT, and the MOU with the Tracy Special Meeting Minutes 2 July 5, 2023
Technical Support Services Employee Association and authorized the amendment to the City’s Master Salary Schedule.
1.M A dopt a resolution approving an Offsite Improvement Agreement between the City and Lennar Homes of California, LLC for the Lammers Road Undercrossing Improvements at Interstate 580 that are required as part of the Conditions of Approval for Tracy Hills Phase 1B Vesting Tentative Subdivision Map. – Resolution 2023-126 approved the Offsite Improvement Agreement with Lennar Homes.
1.D. Adopt a resolution approving a Professional Services Agreement with Gilbane Building Company for construction management services for the new Tracy Multi-Generational Recreation Center and Park Improvements at El Pescadero Park (CIP 78178) for a total not-to-exceed amount of $3,433,900.
Robert Tanner, Gabriela Machuca and James Damasco pulled the item.
Richard Joaquin, Parks Planning and Development Manager provided the staff report and responded to questions.
Robert Tanner asked why the City is rushing ahead of the Aquatic Center, should delay at least a year and concentrate on the Aquatics Park.
Gabriela Machuca asked who will be the point person for the construction project as the City does not have a Development Director and hopes it will be Brian MacDonald.
James Damasco asked about the following: Who was the 4 th firm that did
not receive an invite to the interview, was a stamped engineer with experience with both inspection and construction management (CM) for California State Parks on the interview panel, what did the panel ask the candidate firms regarding QA and QC and distinction between QA and QC, what roles would the three onsite personnel have on a day-to-day basis, how important was it to select a Tracy resident, and do you think it is hypocritical to brag that the City is enlisting a consultant that lives in Tracy when the City recently fired a stamped engineer with both California State Parks Inspection and CM experience who lives in the City of Tracy.
Brian MacDonald, Interim Assistant City Manager and Karin Schnaider, Acting City Manager responded to Mr. Damasco’s questions.
A resident shared concerns about where the homeless will go from the park when building the rec center.
Burnell Shull stated she has seen things she did not want to see at El Pescadero Park and no one seems to care. What is going to stop the people from going to the construction to take wood to keep warm. Why not get people out of there before commencing construction. Who is going to take care of the people who are going to our parks and setting up tents.
Special Meeting Minutes 3 July 5, 2023
ACTION: Motion was made by Mayor Pro Tem Davis and seconded by Council Member Arriola to adopt Resolution 2023-127 approving a Professional Services Agreement with Gilbane Building Company for construction management services for the new Tracy Multi-Generational Recreation Center and Park Improvements at El Pescadero Park (CIP 78178) for a total not-to-exceed amount of $3,433,900. Roll call found all in favor; passed and so ordered.
1.F. Adopt a separate resolution approving a Professional Services Agreement, for an initial term of one year, with an administrative option to extend annually, for an additional three years, to provide On-call Landscape Architectural, Landscape Plan Check, Landscape Inspection and Project Management Services, with the following consultants and not to exceed amounts: 1) a Resolution Approving a Professional Services Agreement with Callander Associates for a not to exceed amount of $300,000 annually for an initial one- year term, with an administrative option to extend, annually, for three additional years (total not to exceed amount of $1,200,000) to provide on-call landscape architectural, plan check, inspection, and project management services; and 2) a Resolution Approving a Professional Services Agreement with O’Dell Engineering for a not to exceed amount of $600,000 annually for an initial one- year term, with an administrative option to extend, annually, for three additional years (total not to exceed amount of $2,400,000) to provide on-call landscape architectural, plan check, inspection, and project management services. –
Gabriela Machuca pulled the item to ask if Parks and Recs will be the point person and oversee the money. Don’t have a Development Director.
Richard Joaquin, Parks Planning and Development Manager provided the staff report and responded to questions.
There were no Council comments.
ACTION: Motion was made by Mayor Pro Tem Davis and seconded by Council Member Evans to adopt the following: Resolution 2023-128 approving a Professional Services Agreement with Callander Associates for a not to exceed amount of $300,000 annually for an initial one year term, with an administrative option to extend, annually, for three additional years (total not to exceed amount of $1,200,000) to provide on-call landscape architectural, plan check, inspection and project management services. Resolution 2023-129 approving a Professional Services Agreement with O’Dell Engineering for a not to exceed amount of $600,000 annually for an initial one year term, with an administrative option to extend, annually, for three additional years (total not to exceed amount of $2,400,000) to provide on-call landscape architectural, plan check, inspection, and project management services. Roll call found all in favor; passed and so ordered.
Consent Items 1.G, 1.H and 1.I were heard together.
1.G. The Trac
y Homelessness Advisory Committee recommends that the City Council adopt a Resolution (1) awarding a construction contract to Arnaudo Construction, Inc., of Tracy, California in the amount of $1,359,560 for the 384 Arbor Road Special Meeting Minutes 4 July 5, 2023
Sewer Lift Station and Holding Tank, CIP 71112, (2) approving a project not-to- exceed budget of $1,699,450, and (3) authorizing the City Manager to approve change orders up to the contingency amount of $135,956, if needed, pursuant to Tracy Municipal Code Section 2.20.090(b). – Resolution 2023-130.
1.H The Tracy Homelessness Advisory Committee recommends that the City Council adopt a Resolution (1) awarding a construction contract to DV Electric Company, Inc., of San Jose, California (DV), in the amount of $373,745 for the 384 Arbor Road Main Power Supply, CIP 71112, (2) exercising, under Section 14 of the bid documents, City’s right to waive, as immaterial bid irregularities, delays by DV in strictly meeting posted deadlines for requisite federal paperwork to document its Small Business Enterprise qualification, (3) approving a project not-to-exceed budget of $467,182, and (4) authorizing the City Manager to approve change orders up to the contingency amount of $37,375, if needed, pursuant to Tracy Municipal Code Section 2.20.090(b).– Resolution 2023-131.
1.I The Tracy Homelessness Advisory Committee recommends that the City Council adopt a Resolution (1) awarding a construction contract to DV Electric Company, Inc., of San Jose, California (DV) in the amount of $208,660 for the 370 Arbor Road Main Power Supply, CIP 71112, (2) exercising, under Section 14 of the bid documents, the City’s right to waive, as immaterial bid irregularities, delays by DV in strictly meeting posted deadlines for requisite federal paperwork to document its Small Business Enterprise qualification, (3) approving a project not-to-exceed budget of $260,825, and (4) authorizing the City Manager to approve change orders up to the contingency amount of $20,866 if needed, pursuant to Tracy Municipal Code Section 2.20.090(b). – Resolution 2023-132.
James Damasco asked the following questions for Item 1.G - Why was there delay in the staff report in the background and legislative history section between April 19, 2022, and Summer 2023. The staff report stated that this allows the City to coordinate lead times for electrical and lift station project completion with overall Phase 2 project completion - why did Development Services chose to do it this way when it seems inefficient and poor allocation of staff’s man hours.
Why was this not bid until 28 of April. Was this problem not on Development Services radar back in December. Why was a staff report submitted to Council without an engineers estimate included. Is it because something is being hidden.
James Damasco asked the follow questions for Items 1.H and 1.I – What is the distinction between items 1.H and 1.I. Why were these not bid and awarded earlier. When was the first time it was known we would need to bring in this much electrical hardware.
Robert Tanner referred to items 1.H and 1.I and stated a vendor missed paperwork and due dates and vendor was dropped and another took over.
Why do we want to do DV Electric Co. Inc., when they have missed some of the dates and deadlines for federal paperwork to be documented as a small business qualification. All our problems with the homeless issue have been with the Advisory Committee.
Special Meeting Minutes 5 July 5, 2023
Ilene Macintire, Senior Civil Engineer responded to questions on Consent Items
1.G, 1.H and 1.I.
There were no Council comments.
ACTION: Motion was made by Mayor Pro Tem Davis and seconded by Council Member Bedolla to adopt the following resolutions:
Consent Items 1.G – Adopt Resolution 2023-130 awarding a construction Contract to Arnaudo Construction, Inc, of Tracy, California in the amount of $1,359,560 for the 384 Arbor Road Sewer Lift Station and Holding Tank, CIP 71112, approving a project not-to-exceed budget of $1,699,450, and authorizing the City Manager to approve change orders up to the contingency amount of $135,956, if needed, pursuant to Tracy Municipal Code Section 2.20.090(b).
Consent Item 1.H – Adopt Resolution 2023-131 awarding a Construction Contract to DV Electric Company Inc., of San Jose, California in the amount of $373,745 for the 384 Arbor Road Main Power Supply, exercising, under Section 14 of the bid documents, City’s right to waive as immaterial bid irregularities, delays by DV Electric Company in strictly meeting posted deadlines for requisite federal paperwork to document its Small Business Enterprise Qualification, approving a project not-to-exceed budget of $467,182, and authorizing the City Manager to approve change orders up to the contingency amount of $37,375, if needed, pursuant to Tracy Municipal Code Section 2.20.090(b).
Consent Item 1.I – Adopt Resolution 2023-132 awarding a Construction Contract to DV Electric Company Inc., of San Jose, California in the amount of $208,660 for the 370 Arbor Road Main Power Supply, exercising, under Section 14 of the bid documents, the City’s right to waive as immaterial bid irregularities, delays by DV Electric Company in strictly meeting posted deadlines for requisite federal paperwork to document its Small Business Enterprise Qualification, approving a project not-to-exceed budget of $260,825, and authorizing the City Manager to approve change orders up to the contingency amount of $20,866,if needed, pursuant to Tracy Municipal Code Section 2.20.090(b).
Roll call found all in favor; passed and so ordered.
1.K Adopt a separate resolution approving a Professional Services Agreement, for an initial term of one year, with an administrative option to extend annually, for an additional two years, to provide On-Call Plan Check and Inspection Services, with the following consultants and not-to- exceed amounts: 1) Structech Engineering for a not-to-exceed amount of $350,000 annually (total not-to-exceed amount of $1,050,000); 2) 4leaf, Inc. for a not-to-exceed amount of $800,000 annually (total not-to-exceed amount of $2,400,000); 3) Bureau Veritas for a not-to-exceed amount of $600,000 annually (total not-to-exceed amount of $1,800,000); 4) True North Compliance Services for a not-to-exceed amount of $450,000 annually (total not-to-exceed amount of $1,350,000); and 5) NV5 for a not-to-exceed amount of $300,000 annually (total not-to-exceed amount of $900,000).
Special Meeting Minutes 6 July 5, 2023
Gabriela Machuca pulled the item to say there is no Development Director and it is a lot of money and asked who will be overseeing it, and asked why can’t the City keep a Development Director employed.
Chris Morgan, City Building Official responded to questions.
There were no Council comments.
ACTION: Motion was made by Mayor Pro Tem Davis and seconded by Council Member Arriola to adopt Resolution 2023-133 approving a Professional Services Agreement with Structech Engineering for an initial term of one year, with an administrative option to extend annually, for an additional two years, to provide on-call plan check services, for a not-to-exceed amount of $350,000 annually (total not-to-exceed amount of $1,050,000).
Resolution 2023-134 approving a Professional Services Agreement with 4LEAF, Inc. for an initial term of one year, with an administrative option to extend annually, for an additional two years, to provide on-call plan check and inspection services, for a not-to-exceed amount of $800,000 annually (total not-to-exceed amount of $2,400,000). Resolution 2023-135 approving a Professional Services Agreement with Bureau Veritas for an initial term of one year, with an administrative option to extend annually, for an additional two years, to provide on-call plan check and inspection services, for a not-to-exceed amount of $600,000 annually (total not-to- exceed amount of $1,800,000). Resolution 2023-136 approving a Professional Services Agreement with True North Compliance Services for an initial term of one year, with an administrative option to extend annually, for an additional two years, to provide on-call plan check and inspection services, for a not-to-exceed amount of $450,000 annually (total not-to-exceed amount of $1,350,000). Resolution 2023-137 approving a Professional Services Agreement with NV5 for an initial term of one year, with an administrative option to extend annually, for an additional two years, to provide on-call plan check and inspection services, for a not-to-exceed amount of $300,000 annually (total not-to- exceed amount of $900,000). Roll call found all in favor; passed and so ordered.
1.L The Trac
y Homelessness Advisory Committee recommends that the City Council adopt a Resolution ratifying, pursuant to Tracy Municipal Code Section 2.20.180(B)(1), various procurement contracts for goods and general services agreements executed by the City Manager to implement Emergency Interim Housing solutions for the unsheltered.
James Damasco asked how much diesel per month is the City spending, how many generators are on site, how many fencing panels are being rented, how many non-panel fences rented, and how many times have you erected fence only to have it taken down later due to poor planning.
James Jackson, Operations and Utilities Director responded to the questions.
Special Meeting Minutes 7 July 5, 2023
There were no Council comments.
ACTION: Motion was made by Mayor Pro Tem Davis and seconded by Council Member Evans to adopt Resolution 2023-138 ratifying, pursuant to Tracy Municipal Code Section 2.20.180(B)(1), various procurement contracts for goods and general services executed by the City Manager to implement interim housing solutions to address the declared shelter crisis. Roll call found all in favor; passed and so ordered.
2. ITEMS FROM THE AUDIENCE – Gabriela Machua requested Council bring back the Mobile Food Ordinance and amendments to the ordinance.
Diego Bedolla spoke about the 4th of July Parade stating Council Member Arriola ordered two of his associates to harass Council Member Bedolla as he was giving away baseball cards to children and they harassed several children. A report was filed with the Tracy Police along with witness statement the two were trying to deliver a piece of paper on behalf of Council Member Arriola and called for Council Member Arriola to resign from his role on Council.
Council Member Arriola objected to the characterization, was attempting to have legal service issued for a cease-and-desist order for legal action that Council Member Bedolla has made against him personally.
Yvonne Martell shared concerns regarding the many potholes that are damaging cars and asked what is being done about the potholes.
Marla, resident of Ellis asked when Western Park is going to happen. City officials did not show up for the required safety inspections and approval. Shared concerns regarding no mailboxes at Western Park and having to travel 15 miles round trip to collect their mail for last 1.5 years from USPS located at Commercial Drive. Why is the City allowing conception of new homes without having the basic amenities in the first place. The school at Ellis is supposed to be in June 2021 but do not know when it will happen.
Roheb stated the Western Park in Ellis was supposed to be open last September, what is the delay. City is being blamed for the delay and urged the City to take action and open park as soon as possible.
A resident of Ellis stated she is a parent of a special needs son, and there is nothing in Tracy for special needs and requested Council take into consideration the needs of the special needs kids while planning the Multi-Gen and asked for inclusion playground.
Rosario spoke about Council Member Arriola receiving campaign funds from the developer during the previous election, endorsing the petition that is going around currently and appears to be a conflict of interest, and asked City Attorney to provide a legal opinion whether there are grounds to prevent Council Member Arriola from voting on item 3.A due to conflict of interest because he got funds from the same company and endorse the petition.
Special Meeting Minutes 8 July 5, 2023
Council Member Arriola objected to the characterization stating he did not endorse a petition and is in compliance with all donation requirements.
Robert Tanner stated Council does not care about seniors. Insisting that seniors who are only $10 outside that dollar amount that PG&E says are still seniors on fixed income and yet Council raised trash and sewer rates. Council did not care about cannabis stores downtown, ignored the Planning Commission rules, and went from four to eleven.
Ragu shared concerns regarding Western Park and mailboxes not being open at Ellis after 18 months. Requested Council look into this and get it done.
Alice English stated she was sorry about what happened to Council Member Bedolla adding it has happened to her in front of City Hall. Caution Democrats, if go along with what they say it is fine but if you don’t, they violate your rights. Had to file a Police report.
Brent shared he resides at Emerson House in Transitional House for men and thanked Council, staff, TCCC and Emerson House for giving him an opportunity to be clean and sober. Brent asked while people remain at El Pescadero Park can the City put up a canopy or a carport, maybe three benches to supply a little more dignity to them and our town.
Mattie Quinney stated she was appalled and shared concerns regarding the posting of personal phone numbers of Mayor Young or Council Member Arriola on social media by Council Member Bedolla to call them at home to pressure them to change their votes.
Spoke about joining forces on Council to keep our city in gridlock. Suggested all Council Members go under oath so the truth can come out. Needs to be investigated.
Council Member Bedolla responded he has everything documented and will be turning into court.
Council Member Arriola objected to the characterization.
Mayor Young objected also.
James Damasco shared light on the federal reserve, monetary policy, regulating banking sector, risky practices and local government bearing the brunt.
Venu Matta asked for an update on Ellis Town and Country Park. Website states it is ongoing. Will it be ready anytime soon.
Venkat Mantirraju spoke about the Aquatic Park, when is it going to start. More communities coming up. Being at the central location is vital and asked Council to consider the Aquatic Park.
Cynthia Camacho stated the money Council Member Arriola received from the developer is a conflict of interest for any Council Member. Wish none of our Council Members received money from developers because it looks bad. Regarding Council Member Bedolla giving the Mayor and Council Member Arriola’s phone numbers, it says on the Mayor’s number to call her personal number. Have left emails and messages and never gets a call back.
Special Meeting Minutes 9 July 5, 2023
3. REGULAR AGENDA
Mayor Pro Tem Davis recused herself from Item 3.A due to proximity of real property.
3.A A dopt a Resolution Accepting the Irrevocable Offer of Dedication of Fee Interest for 16 Acres of Community Park Land for an Aquatic Park (Aquatic Center), generally located at the Intersection of Corral Hollow Road and Summit Drive (Property), from Ellis Village, LLC to the City of Tracy, a Municipal Corporation (City), and directing the City Manager to take Requisite Actions to Effectuate the Acceptance of the Property.
Brian MacDonald, Interim Assistant City Manager provided the staff report.
Council comments and questions followed.
Mandar Raje requested Council to vote yes on the item and spoke about misinformation on item out there.
Chris Long stated the community development plans which represent the design development package are ready to prepare construction docs and go to bid and that would advance the project faster than anything. Supports the community driven plan.
Rosario Arulappan, speaking on behalf of a group, requested Council accept the 16-acre land and $8 million and construct the water park at Ellis. Spoke about Council Members receiving campaign money from Surland being a conflict of interest. Back in 2005 a subcommittee was formed by City to work on water park project, was dissolved over time with only a few members continuing their involvement with Surland claiming to be original subcommittee. How is it possible for them to use the City formed subcommittee and mislead the community with inaccurate information. The land should be granted first. Strongly advocate for the land, and asked Surland to pay $9 million and donate land without any conditions. Spoke about delays with water park. The City has taken over the construction and 80% of cost is covered by our tax contribution. The City has every right to seek public input on design. Need to penalize Surland due to the delay.
Form committee to investigate the so-called task force which was dissolved a long time ago. Who is financing the task force and why are they giving the public the wrong information.
Diego Bedolla supported trying to have the Aquatic Center built, spoke about Mayor Young and Council Member Arriola receiving funds from developer, put money where mouth is, we want this park, let’s get it built.
Yvonne Martell stated she is a 37-year resident and asked is this water park going to be for all the citizens in Tracy, she is totally against this and does not trust them.
Robert Tanner stated there was a groundbreaking, but nothing was built.
Council Member Arriola and Mayor Young said they can’t be bought, but the Special Meeting Minutes 10 July 5, 2023
appearance is that they are taking money from Surland and they bought your vote. Vote yes and get it going. Been over 20 years of trying to get this built.
A resident from Ellis stated they want the Aquatic Park at Ellis. Council Members are saying no because it will delay, but saying no will delay and requested Council say yes to the land.
Malla supported Council saying yes to agenda item 3.A and accept the land.
A resident stated 16 acres of land and $10 million rightfully belong to City of Tracy and urged Council to accept the 16 acres of land and cease giving any more permits to the developer until they fulfil their promises to the City.
Prab stated staff recommends Council accept the 16-acre land and $8 million. Have taken a lot of input from the people for the past 16 years and asked Council to consider the recommendation. Show us why you would vote no. Vote yes and take land.
A resident stated people cannot be waiting, they elected Council to get services to them and not supposed to be working for the corporates. Vote yes and get the Aquatic Center to Tracy.
Ragu requested Council to vote yes on Item 3.A and accept the 16-acre land and the $8 million.
Ram requested Council vote yes for acquiring 16 acres of land and the amount from Surland, a promise that has been pending for more than a decade. Trust staff and attorney, that is why they are here and believe in the recommendation.
Suma urged Council to say yes and accept the land.
Arvin spoke about getting an Aquatic Park and getting amenities.
Brandon Kanner stated the goal for Council after decades of delay is to build an Aquatic Center quickly. Accept the land and the design and allow us to look forward to future.
Roy Hawkins stated past Council’s have all blessed the community driven design plans and now it is this Council’s chance to complete the offered package and build this beautiful facility that will put Tracy on the map.
A resident of Ellis urged the acceptance of land for the Aquatics Center at Ellis, and requested a yes vote in the best interest of Tracy residents and good faith.
Rahul requested Council accept the16-acre land as recommended by staff, have respect for their recommendations. Say yes and do not delay.
Special Meeting Minutes 11 July 5, 2023
Ravi, Ellis resident requested Council vote yes on getting the Aquatic Park, a shame it has been discussed for 20 years and make sure there is no litigation.
A resident requested Council vote yes on item 3.A, accept 16 acres and $8 million.
Sarisha, Ellis resident requested all Council to accept land so Aquatic Park can be built as soon as possible. Tracy needs life and if it is water park that starts life, lets do that.
Molly Lowe stated her daughter attended the last meeting and she has seen 19- and 20-year-olds run things better than Council. Council’s job to work together for citizens and not future aspirations. Need more options for Aquatic Center for all ages. Give City time to work with Surland to accept the Tracy conceptual plan at the same time.
Alice English stated Surland has gotten their RGA’s and building permits for years but not fighting for Aquatic Center. The plans and design have nothing to do with accepting the land. Everyone wants the Aquatic Center.
If you say no, tell them we are going somewhere else, we are still going to get an Aquatic Park. Stay with the plan, accept the 16 acres.
Sandy Taylor stated she can’t believe that Council are unwilling to allow the City and Surland time to work out moving forward on the Aquatic Center.
What difference will a couple of months make. Hard time understanding why Council would not want to accept and build what your community has designed.
Vinitha Narayanan, Ellis resident stated the community is divided due to recent conversations. Led to believe all Council Members are in favor of building an Aquatic Center, if so why are things not moving forward. Spoke about Council appointed Measure V Committee Member is advising against petition and pushing community members to pressure Council to vote yes.
Ragesh requested all Council Members unite, put differences aside, make things happen and continue work on getting an Aquatic Center at Ellis rather than moving to another location.
Raquel Fairfield requested Council accept the land and money and move forward. Everything is set for this current land. Surland continues to get what they want and nobody else is getting what they want.
Narendra requested voting yes on Aquatics Park. Lost trust with Surland.
Ajay requested Council vote yes to build Aquatic Park.
Venu Matta urged Council to accept land and get money from Surland.
Been delayed for decades.
Special Meeting Minutes 12 July 5, 2023
Senthil Kumar requested Council to vote yes on item 3.A, accept the land and get the Aquatic Park built and thanked staff for their recommendations.
Praveen requested Council work for the people and vote yes on item 3.A, accept the 16-acres and the $8 million.
Conrad Levoit stated valued citizens are pleading to Council to move forward. It doesn’t look or feel good to have an indecisive decision-making leadership. Believe strongly that Council has heard the people.
Victoria requested Mayor Young and Council Member Arriola accept the land and vote yes. Council are the leaders chosen to represent, serve and listen to the people.
Maral asked Council to vote no. Contrary to neighbors in Ellis she believes opportunity to move forward faster. Everyone’s sentiment is clear, we all want the Aquatic Park. Have not seen enough evidence or plan from the City to move this plan forward quicker than what is in place. Spoke about misinformation being spread that if City taking the land it will move at an accelerated rate.
A resident hoped the Council Members who voted no on the item at the June 20, 2023, meeting got all their questions answered and vote yes on item 3.A.
Glen Tony requested Council vote yes and accept the land and get the $8 million.
Michel Bazinet stated the design is completed with input from community and urged Council to reject IOD until there is a firm commitment to build the Aquatic Center as designed with community input.
A Tracy Hills resident urged Council to vote yes for obtaining the land.
Ritwick requested Council vote yes for 3.A and get the land and the money to move ahead.
Manish requested Council vote yes to accept 16-acres of land and $8 million and reminded Council they are working for community members and not developers.
Sunil requested Council put Tracy residents first and vote yes and build Aquatic Park in Ellis.
Luis stated there has been a heavy campaign from Tracy Hills and Ellis residents urging Council to vote yes. Wanted to bring light that Tracy doesn’t necessarily have a good track record of bringing good recreation and amenities to the magnitude to what the water park would need. How soon thereafter if the Council vote yes will the Aquatic Park come to fruition.
Special Meeting Minutes 13 July 5, 2023
Steve stated they use the Aquatic Park as a sales tool to get people to buy and like to know who is putting up the posters that the Aquatic Park is coming as it has been 20 years. Can understand why people are upset.
Satesh stated keep promise, do good for Tracy by getting the Aquatic Park.
Ragu stated the Aquatic Park is a must and asked Council to say yes and start building the park.
Naveen stated one of the reasons he purchased in Ellis is because the Aquatic Park was going to be built in 2023. Past is past and now is the time to make a difference and asked Council to say yes on the item.
Carlos requested Council vote in favor of the Aquatic Center. As a young person there is not a lot of things for us to do. The Aquatic Center will be good to bring us together and have a safe place to interact and be beneficial for Tracy.
Ramkumar requested Council vote yes to accept the land and the money without any delay.
Munesh stated they purchased a house here because an Aquatic Center is coming and urged Council to vote yes and accept the 16-acres of land and $8 million.
Amir spoke about Council Member Bedolla being victimized and harassed by Council Member Arriola. We must denounce violence, intimidation, mistreatment and stand together to support. Must hold Council accountable.
Recommended Council vote yes on item 3.A.
Srikanth Ramaraju asked Council to vote yes and accept 16-acres of land and money.
Ramesh asked Council to vote yes on item 3.A and listen to the community.
Mayor Young called a break at 10:49 p.m.
Mayor Young reconvened the meeting at 11:01 p.m.
Council agreed to hear Items 3.C, 3.D and 3.F and move Items 3.B and 3.E to another date.
Council comments followed.
ACTION: Motion was made by Council Member Bedolla and seconded by Council Member Evans to adopt Resolution 2023-139
accepting the Irrevocable Offer of
Dedication of Fee Interest for 16 acres of Community Park Land for an Aquatics Park (Aquatic Center), generally located at the intersection of Corral Hollow Road and Summit Drive (Property), from Ellis Village, LLC to the City of Tracy, a Municipal Corporation (City), and directing the City Manager to take requisite actions to effectuate the acceptance of the property. Roll call found Council Special Meeting Minutes 14 July 5, 2023
Members Arriola, Bedolla, Evans and Mayor Young in favor; passed and so ordered. Mayor Pro Tem Davis absent.
3.B Staff recommends that City Council review and discuss the Citywide Water System Master Plan Update. - Item was continued to the next possible time.
There was no public comment.
3.E. City Council appoint, by motion, one member, to the Tracy Finance Committee to fulfill the remainder of the annual term, pursuant to the City Council’s appointment procedures. - Item 3.E was moved to August 15, 2023.
There was no public comment.
ACTION: Motion was made by Council Member Arriola and seconded by Council Member Bedolla to move item 3.B to be continued to the next possible date and Item 3.E to the August 15, 2023, Council Meeting.
3.C. The Trac y Homelessness Advisory Committee recommends that the City Council 1) adopt a Resolution approving, pursuant to Tracy Municipal Code Section 2.20.180(B)(1), contracts for goods and general services agreements executed by the City Manager to implement Emergency Interim Housing solutions for the unsheltered with Link Equipment, LLC., and 2) adopt a Resolution approving a Purchase Agreement for Goods with Linked Equipment, LLC., for the purchase of eight pre-manufactured custom container structures in an amount not to exceed $682,440 to be installed as part of Phase 4 of the interim improvements at the Temporary Emergency Housing Facility Project at 370 W. Arbor Avenue.
Adriana Castaneda, Director of Mobility and Housing provided the staff report.
Cynthia Camacho asked about the life expectancy of the containers if the City were to purchase those containers. The $600,000 we lost from the first containers we received, the staff member or whoever was responsible for using that money should be made accountable. A lot of money will be utilized for the containers and if the containers don’t have a life expectancy for more than 20 years the money could be utilized somewhere else in a better capacity.
ACTION: Motion was made by Mayor Pro Tem Davis and seconded by Council Member Bedolla to adopt Resolution 2023-140 approving, pursuant to Tracy Municipal Code Section 2.20.180(B)(1), various procurement contracts for goods and general services executed by the City Manager to implement interim housing solutions to address the declared shelter crisis and approving a purchase agreement for goods with Linked Equipment, LLC for the purchase of eight pre- manufactured custom container structures in an amount not-to-exceed $682,440 to be installed as part of Phase 4 of the interim improvements at the temporary emergency housing facility at 370 W. Arbor Avenue. Roll call found all in favor; passed and so ordered.
Special Meeting Minutes 15 July 5, 2023
3.D The Tracy Homelessness Advisory Committee recommends that the City Council adopt a Resolution partially rescinding Resolution No. 2022-121, whereby authorization was given to the City Manager to take immediate and emergency actions to implement interim housing solutions for the City of Tracy’s unsheltered, and waived procurement requirements for professional services under Tracy Municipal Code Section 2.20.140(b)(6).
Karin Schnaider, Assistant City Manager provided the staff report.
There was no public comment.
There were no comments from Council.
ACTION: Motion was made by Mayor Pro Tem Davis and seconded by Council Member Bedolla to adopt Resolution 2023-141 partially rescinding Resolution No. 2022- 121, whereby authorization was given to the City Manager to take immediate and emergency actions to implement interim housing solutions for the City of Tracy’s unsheltered, and waived procurement requirements for professional services under Tracy Municipal Code Section 2.20.140(B)(6). Roll call found all in favor; passed and so ordered.
3.F City Council appoint Wayne Templeton to serve on the San Joaquin County Commission on Aging.
Adrianne Richardson, City Clerk provided the staff report.
Council subcommittee members consisting of Council Member Evans and Mayor Young announced their selection to the San Joaquin County Commission on Aging.
ACTION: Motion was made by Council Member Evans and seconded by Mayor Young to reappoint Wayne Templeton to serve on the San Joaquin County Commission on Aging. Roll call found all in favor; passed and so ordered.
4. ITEMS FROM THE AUDIENCE – Diego Bedolla stated he appreciated today’s action by Council as a whole. It is a special thing for the community that will benefit 100,000 residents. Thanked Council for listening and in particular Council Member Bedolla for rallying the community and advocating for transparency for our elected officials.
Change happened.
5. STAFF ITEMS – Karin Schnaider, Assistant City Manager provided the following updates:
• South County Fire responded to only eight more calls for service than their usual average of 30 per day. Nine of the 38 calls they responded to were small fires with limited property damage.
• Tracy PD reported 236 calls regarding fireworks. Of those, 121 were from yesterday and early this morning. 97.87% of the 911 calls yesterday were answered in under 10 seconds. Will be a more comprehensive report usually comes out in September on citations and other issues.
Special Meeting Minutes 16 July 5, 2023
• The drone show was this weekend and also the downtown parade. • The Parks and Community Services Commission meeting scheduled for tomorrow night has been canceled, the next meeting is scheduled for Thursday, August 3rd. • Invited the public to the 80’s Block Party on July 7 at 6:00 p.m. featuring the band “Color Me Badd.”
• The City’s next free E-Waste Recycling event is this Saturday in the north parking lot of City Hall from 9:00 a.m. until 1:00 p.m.
• The Grand is featuring a “Traces in Time, Reflections on Memory and Identity” exhibit in the Grand gallery and the public is invited for the Artist’s Gallery Talk this Saturday, July 8 from 12-1:30 p.m., with Pancho Jimenez.
• Rollin’ Rec, our free, pop-up mobile recreation program, will be out at Lincoln Park on Monday from 9:00 a.m. to 12:00 p.m. Check our website calendar for all upcoming dates and locations: www.cityoftracy.org.
• Unfortunately, Joe Wilson Pool has been closed for unexpected emergency repairs.
In the meantime, the Parks & Recreation Department will be hosting Recreational Swim at Kimball High School Pool (3200 Jaguar Run) this Friday through Sunday.
Two Recreational Swim sessions will be offered: 12:30 p.m. to 3:00 p.m. and 3:15 p.m. to 5:45 p.m. There is a $3 entry fee, kids 0-2 years are free, and Recreational Swim passes are accepted.
• Please join us for a hybrid virtual/in-person public information meeting here at City Hall on Tuesday, July 11th at 6:00 p.m. about upcoming construction on Bessie Avenue between Lowell Avenue and Grant Line Road. The meeting will be recorded and made available after if you cannot participate live. Check our website calendar for details and updates!
• We are currently recruiting two vacancies on the Planning Commission, one vacancy on the Arts Commission, and four vacancies on the Building Board of Appeals - please visit our website: CityOfTracy.org, or contact the Clerk’s office to learn more and apply: (209) 831-6101.
• We look forward to seeing everyone for National Night Out on August 1st, and our next regular City Council meeting will not be until August 15th!
6. COUNCIL ITEMS – Council Member Bedolla asked as there is no Tracy Homelessness Advisory Committee (THAC) meeting in July that Council direct the City Manager to bring to the August 15 Council meeting a resolution rejecting all bids received on October 2022 for site improvements for the Tracy Emergency Housing Facility and authorize staff to readvertise this project. Mayor Pro Tem Davis seconded the request.
Mayor Pro Tem Davis thanked Council for working together in a civil way to get something major done for the Ellis community. Proud of Council Members Bedolla and Evans for advocating for the citizens of Tracy and making sure Ellis residents get the Aquatic Center that they have been promised for a long time and is happy to see this Council is going to move that forward. Very proud of this Council at this moment.
Mayor Pro Tem Davis asked about the signal light at Valpico. Have been seeing a lot of near miss accidents there, know it is temporary signal, but how long is it supposed to be left flashing red, people do not know how to use a four way stop with flashing light.
Almost got hit too. Scared someone will lose their life at the four way stop – urgent matter that we get it back to working so people know where to go or go to stop signs.
Cannot let it linger like this.
Special Meeting Minutes 17 July 5, 2023
Council Member Evans stated regarding the Aquatics Center at Ellis, he was very proud of the folks at Ellis, hoped they stay organized and continued doing good for your community. Enjoyed the 4th of July Parade and team Evans took 3rd place in the decorated vehicle. The illegal fireworks display was again out of control. Looking forward to receiving a report from PD on how many fines were levied, how much they were and would like the report to include week prior and week after – in two-week time frame. Asked when housing element is coming back to Council as we are running out of time to get this done.
Ms. Schnaider responded it is coming back on August 15, 2023.
Council Member Evans asked that the City do some outreach or survey regarding the drone show to see what the community thinks as a whole and if it should be continued.
Have heard mixed things. Seen comments and pictures on social media.
Brian MacDonald, Interim Assistant City Manager responded staff will reach out to the Chamber. Thought the Chamber was going to reach out to the public. The City has a contract with the Chamber to do this event and in that contract, there is an annual evaluation of whether it is successful and if not, come up with something else next year.
Council Member Evans stated at the last meeting were discussing City priorities and talked with Mr. Dean about an annual compliance audit on Development Agreements that is required by the State pursuant to Section 65865.1 of the California Government Code. Was not aware of it until that meeting. Reading through the Code found it interesting that the code seeks to find if an applicant or successor has complied with the Developer Agreement, wasn’t clear to him in the conversation whether we are doing that and this is the issue we often see in the City of Tracy where developers are not meeting their obligations. Council Member Evans asked for support to ask staff to give Council a report on how many times in the last 20 years this audit has been done and filed with the state for the City of Tracy. Would like City Council to provide direction on this. Mayor Pro Tem Davis supported the request.
Council Member Arriola wished everyone a happy legislative break and stay safe out there.
Mayor Young spoke about the following 4
th of July events: Thanked TCCA for the parade
downtown and Tracy Chamber for the hot air balloon. The first drone show was at Tracy High. It was interesting and different. Positive thing was it kept people focused and what they would create based on the song. Ravioli and Sparkles were there to entertain.
Mayor Young asked when the food truck ordinance will be coming back. It goes back years and directly impacts someone now with the continuity of their business. Need to be more expeditious in following through.
Karin Schnaider, Assistant City Manager responded she is hearing from City Attorney it is a few months away. Can research and send an email to Council. Believe there is an existing ordinance and the need to get back to Council on the public outreach and what changes need to occur in that ordinance.
Mayor Young stated we need to revisit the new business tax. The costs are astoundingly high and agree with the many people who are writing in that it is unacceptable. Council has the opportunity to adjust what is reasonable. One business Special Meeting Minutes 18 July 5, 2023
license from a small business downtown went from $100 to over $800. One of the bigger businesses normal license is a little over $2,000 but their calculations came out to $400,000. Percentages are really high. Affecting small and large businesses. Would like Council to look at what we are charging our businesses.
Mayor Pro Tem Davis asked if it could be a mathematical error. Willing to support the request if there is real basis that we have made a mistake if the percentages are too high or a little more information if staff knows.
Ms. Schnaider referred to the two businesses and have been contacted by them and one is a retail location downtown and again retail is .01% and is based on their gross receipts. For it to be $800 they are bringing in $1.5 million dollars and Council defined small as businesses under $500,000 gross receipts. The larger one is a very large landowner and the rent they bring.
Mayor Young said some things have huge mark ups and some don’t. Some are small businesses and if we are looking at gross, may have $800,000 but your cost of sales, your goods could be $600,000 and it is not really true, it is not apples to apples.
Ms. Schnaider responded under State California Law under the constitution municipalities can only do it based on gross receipts. We cannot consider net or expenses that they are doing so the categories that were produced in the business tax of the different categories and rate were based on businesses that typically have a higher gross margin than others. So those that are landowners typically have a higher gross receipt and have the highest tax. Council created a carve out for warehousing because the intent was to look at warehousing and the $2,000 before was a flat amount, it was the maximum the business was required to pay under the 1984 tax. The structure will have a bell curve and the majority of the businesses still receive a reduction or a lower tax under this tax structure. Until we see more data and start getting the data you will have the individual businesses to consider but those were the things that were discussed when we passed the tax with Council. Want to remind Council some of the discussions already took place and can share the FAQ on the website.
Mayor Pro Tem Davis stated she would prefer to wait for data.
Mayor Young stated as for a report that shows all that, even to go from $200 to $800 is 400% and don’t think that is acceptable for any business and especially if it goes from $2,000 to $400,000 as far as doing business in Tracy especially if they have been here many years as that company has been. They are not just landowners, they produce a product that goes around the country. Mayor Young added she would be greatly disturbed if she was a business and had to pay $400,000 for business license renewal.
If Council can get a detailed report to look at to be able to respond to our customers. It is not business friendly.
Ms. Schnaider suggested staff ask the Finance Committee and they can look at this as they are the ones that originally proposed the business tax. Will talk to Finance Director about bringing back to the Finance Committee to talk in detail and see if this is something they would like to elevate to the Council. Can’t give you individual businesses but can give you the bell curve. Per the current bylaws it will go to Finance Committee and Finance Committee can have that item moved up and you can read it through the Finance Committee information. It will go first to the Finance Committee.
Special Meeting Minutes 19 July 5, 2023
Mayor Young announced the next regular Council meeting is August 15, 2023, will be on legislative break during July. National Night Out is August 1 and is coordinated with Tracy Police Department and registration is still open if you wish to be included.
7. ADJOURNMENT – Time: 12:12 a.m. Thursday, July 6, 2023.
ACTION: Motion was made by Mayor Pro Tem Davis and seconded by Council Member Arriola to adjourn. Roll call found all in favor; passed and so ordered.
The above agenda was posted at the Tracy City Hall on June 29, 2023. The above are action minutes. A recording is available at the office of the City Clerk.
____________________________
Mayor
ATTEST:
__________________________
City Clerk
TRACY CITY COUNCIL SPECIAL MEETING MINUTES
August 1, 2023, 4:30 p.m.
City Hall, 333 Civic Center Plaza, Tracy Web Site: www.cityoftracy.org
1. Mayor Pro Tem Davis called the meeting to order at 4:37 p.m.
2. There were no actions taken pursuant to AB 2449.
3. Roll call found Council Members Arriola, Bedolla, Evans, and Mayor Pro Tem Davis present. Mayor Young arrived at 4:43 p.m.
4. Items from the Audience – Robert Tanner stated he had asked about the balance of funds given to the mall and a memo would be sent as requested by Nancy Young has not been sent and has not yet seen the balance. Mr. Tanner shared concerns about the City’s program for repairing streets and potholes and referred to the pothole and sinking conditions on 10th Street from Tracy Blvd to A Street, stating this is not the only street in town where streets are getting lower and the City needs to start repairing streets now.
Carmen Rodriguez, Tracy Hills homeowner shared concerns regarding an area behind her neighborhood which is allotted for commercial development. Lot of movement of earth and do not have any inside information about what is going to be there. Hope that it would be something beneficial to community.
5. CONSENT CALENDAR – Consent item 5.A was pulled by Robert Tanner.
5.A A dopt a Resolution: 1) approving the Memorandum of Understanding (MOU) between the City of Tracy and the Tracy Police Officers Association; 2) authorizing an amendment to the City’s Master Salary Schedule to: (A) address clerical errors to the City’s Master Salary Schedules previously approved by Resolutions 2023-116 and 2023-125 for the Police Captain, Police Lieutenant, and Executive Assistant to the City Manager classifications, and (B) reflect the terms of the MOU
Robert Tanner spoke about the City touting a lot of funds coming in but salaries for Police Department are low. Other cities have increased their salaries by 20% and believes some Police Officers will go back to their old Police agencies. Mr. Tanner asked about the substation, supported Police getting that substation and a hiring bonus.
There were no comments from Council.
ACTION: Motion was made by Council Member Bedolla and seconded by Mayor Pro Tem Davis to adopt Resolution 2023-142 1) approving the Memorandum of Understanding (MOU) between the City of Tracy and the Tracy Police Officers Association; 2) authorizing an amendment to the City’s Master Salary Schedule to: (A) address clerical errors to the City’s Master Salary Schedules previously approved by Resolutions 2023-116 and 2023-125 for the Police Captain, Police Lieutenant, and Executive Assistant to the City Manager classifications, and (B) reflect the terms of the MOU. Roll call found all in favor; passed and so ordered.
Special Meeting Minutes 2 August 1, 2023
DEVIATION
7. COUNCIL ITEMS – There were no Council comments.
Mayor Young called for a recess at 4:50 p.m. to allow staff to set up for Agenda Item 6.
Mayor Young reconvened the meeting at 5:00 p.m.
6. REGULAR ITEMS
6.A. Staff recommends that the City Council receive a briefing on and assignments for the National Night Out caravan groups.
Sekou Millington, Police Chief introduced the item.
Miguel Contreras, Police Lieutenant and Cherise Acosta, Crime Prevention Specialist provided the staff report.
There was no public comment.
There were no comments from Council.
Council received the briefing on and assignments for the National Night Out caravan groups.
8. ADJOURNMENT – Time: 5:15 p.m.
ACTION: Motion was made by Mayor Pro Tem Davis and seconded by Council Member Arriola to adjourn. Roll call found all in favor; passed and so ordered.
The above agenda was posted at the Tracy City Hall on July 31, 2023. The above are action minutes. A recording is available at the office of the City Clerk.
____________________________
Mayor
ATTEST:
__________________________
City Clerk
TRACY CITY COUNCIL SPECIAL MEETING MINUTES
August 7, 2023, 5:00 p.m.
City Hall, 333 Civic Center Plaza, Tracy Web Site: www.cityoftracy.org And one Council Member attended remotely
At the following location: Hilton Hawaiian Village
2005 Kālia Rd, Honolulu, HI 96815
1. Mayor Young called the meeting to order at 5:20 p.m.
2. There were no actions taken pursuant to AB 2449.
3. Roll call found Council Members Arriola, Bedolla, Evans, Mayor Pro Tem Davis, and Mayor Young present. Council Member Arriola participated remotely.
4. Items from the Audience – Tim Silva thanked City of Tracy, Council, Police and Fire Department for National Night Out and stated it is a great way for elected officials to get out in the community and participate in the event.
Dotty Nygard stated she spoke to engineers regarding the Bessie Road project upgrading infrastructure, water and sewer and asked why the electric wiring is not being buried. That section of Bessie has older trees and every year or two PG&E takes away half that tree canopy and requested the City reach out to our local PG&E as their website states one of their main roles is to bury the lines.
Rosario Arulappan shared his appreciation for National Night Out and thanked Police and City Officials and the Fire Department. Mr. Arulappan stated the aquatics park task force needs to be investigated as he received a flyer to save the date to discuss about the design of the water park in Ellis which they don’t have any rights as they were already dissolved, and the land is acquired by City and the City have rights to talk about design. The City should take action as it is confusing people and giving wrong information.
Manala, a resident of Ellis thanked the City for starting the Tracer bus going to Tracy Hills, Ellis and train station, and thanked Mayor Pro Tem Davis and Police and Fire staff that came out for National Night Out in Ellis. Manala stated the City approved the motion to accept the land from Surland to start work for the Aquatic Park, requested the City, City Manager and Parks and Recreation Director keep the City informed through general publications on progress being made as this has been going on for years.
Jorge Gonzalez shared concerns regarding accidents due to people not stopping and speeding at 10
th and Taft. Mr. Gonzalez spoke about the City sending staff to cut trees, has left multiple messages and came here to speak to Council. They destroyed his fence, which he fixed it twice, has sent pictures and cost of repairs and got a letter saying if he does anything, he would be responsible for this legal matter.
Special Meeting Minutes 2 August 7, 2023
5. Request to Conduct Closed Session
5.A Personnel Matter (Gov. Code, § 54957)
Public Employee Appointment, Employment, Evaluation of Performance, Discipline, or Dismissal
Position Title: City Attorney
Steve Nicolaou stated attorneys have to take an oath, and quoted Cal. Bus. & Prof Section 6125. Mr. Nicolaou shared his concerns regarding unauthorized practice of law by the City Attorney and has filed a complaint with the State Bar of California against the City Attorney for the unauthorized practice of law and singled out the July meetings.
Robert Tanner stated warning letters are sent when an Attorney or a CPA is going to miss a timeframe for extended education. Mr. Tanner shared concerns regarding the City Attorney being out of balance as of February 1 because she did not complete the continued education and stated Council needs to review everything from February 1.
Robert Bivens stated the City Attorney did violate the law and quoted California Bus. & Prof Section 6126 and spoke about the law being violated, fines and being a punishable crime, and asked the City to go to San Joaquin District Attorney’s Office and file a criminal complaint because a criminal act has been completed here. This person did not take the time to take the necessary classes.
Rosario Arulappan stated the incident related to the City Attorney is unfortunate, but it was resolved last week as it was an administrative matter involving updating a continuing education credit. Mr. Arulappan spoke about the Mayor’s ongoing public confrontation with the City Attorney, involving the media, acceptance of funds from developer, the Attorney’s role is to make sure they not given preferential treatment and felt it is a racist attack on the City Attorney.
Mayor Young disagreed with any connection that she was involved in all the things just said regarding the City Attorney.
Gary Cooper stated the last time the Council faced an issue of this magnitude, Council took upon itself by a simple 3/2 vote to change the rules by the way we manage two important employee positions in the City of Tracy and as result we lost a very capable City Manager. Citizens deserve full accountability from our Council and operate by own rules of behavior and policies. Council last time decided not to follow the rules they adopted. We are asking to make the City Attorney accountable to the rules Council has.
Midori Lichtwardt, Interim City Manager responded to Mayor Pro Tem Davis’s question and clarified that vote has not changed, a super majority is required to terminate the City Manager and City Attorney.
Mayor Young confirmed there was no second reading and adoption of the ordinance so it did not go into effect.
Special Meeting Minutes 3 August 7, 2023
Robin Cole stated three members of Council decide what to do in Tracy and it is appalling. Council set a precedent by having a public trial of a good man and now we do not see Ms. Patel in Chambers. If she did nothing wrong why is she not here. Her contract was clear, Council can kick her out for any reason. Ms.
Cole shared concerns about having an Attorney without a renewed license and asked for the City Attorney to resign.
Ms. Lichtwardt confirmed there is outside Counsel, Todd Amspoker on the line.
Council Member Bedolla stated it should have been announced at the beginning of the meeting. Currently outside Counsel is presiding because of the subject matter of the meeting.
Prab stated this is very unfortunate it happened to City of Tracy and guessing it is an honest mistake, but a big mistake. Not sure if City has any checks for licenses that may be expiring. It is more responsible for the City to inform the person, and better to have checks in place by the City.
Dotty Nygard stated as a licensed nurse, for us who have licensure that is governed by the State there is an obligation on the licensee to make sure they are current and in an active state to practice. This is disappointing to see Tracy being in the limelight, it breaks trust. Still trying to understand why our city is governed by misinformation and mistruth. Please uphold trust and integrity of Tracy and do the right thing, she needs to be let go.
Tim Silva stated what matters is what is her standing with the California Bar at the present time and at the time that she was considered unethical. We are trying and convicting her in a court of public opinion. We always jump the gun before we know all the facts. Do not like our City being painted in a black light all the time. It gets blown up and media brought in. Let’s wait for the facts to come out and what Council wants to do, then bring that forward to press. Reserve judgement and trust our City Council and Mayor to meet, take in all the facts do the right thing.
Mayor Young stated the news station informed the City about the deficiency from the State Bar.
Jorge Gonzalez stated if the people who should set examples applying the law as the City Attorney won’t respect the law, who is going to do it. Don’t have pleasure to know her, but she did something that was wrong. Wrong to fool us this way. Received letter signed by her. What moral does she have to send this.
Is she above the law.
Sandy Taylor stated the City Attorney has practiced law for almost 27 years and as an officer of the court she knowingly failed to fill the obligation of the 25 hours of education within three years. Not a simple administrative error. Ms. Taylor shared her concerns regarding the City Attorney’s failure to renew her license.
When her license status became known last week, she should have been terminated immediately.
Special Meeting Minutes 4 August 7, 2023
Roy Hawkins reminded Council that Ms. Patel’s contract was terminated on July 1 of this year, the day her license to practice law became inactive. Mr. Hawkins shared his concerns regarding the City Attorney continuing to practice under an inactive license and asked why is she still there.
A resident from Ellis stated the incident related to City Attorney is unfortunate but was resolved last week.
Ann Langley stated we now have a City Attorney that broke the law and knew she broke it. Council needs to do something about it. It matters what kind of a precedent Council sets, a level of ethical way of living for this community.
A resident of Ellis felt this matter is more of a legal problem than a public opinion matter and requested the City take advice from their Counsel and put the legal opinion first. In the last month good decisions have been made by the Council and requested those decisions in the best interest of City be kept as they were.
Alice English stated the City Manager was not fired. Mayor brought media even then calling Council racist and corrupt, false narrative all the way across. The City Manager resigned. The false narratives are being posed and urged Council to do the right thing, the public is not privy to what happens behind closed doors and do not let this Mayor continue to put a black light on Tracy.
Mayor Young disagreed with the terminology and reference to her role as Mayor.
Vannie Dart stated all licensed professionals have to go through continuing education and the renewal process. If our systems are down the renewal process will be delayed causing a lapse and shared this happened to her husband during the pandemic who is a CPA. The City Attorney did not practice law without a license, she did and does have a license, it was lapsed. Ms. Dart spoke about the Mayor stating the City of Tracy being racist because of the former City Manager, calling the media and asked why is it that in this case it is ok. We finally have a City Attorney that stands up to Developers. Let her do her job if her license good enough today. Stop airing our dirty laundry to the world.
Mayor Young said she did not say the City of Tracy is racist.
Yolanda Bariel Knight stated as of Friday morning the State Bar of California had changed her status of Ms. Patel back to active. Her Attorney profile on the state bar website still shows her license as being inactive as of July 1 because of MCLE noncompliance. This is not something we said, it is something the State Bar said. People make mistakes and sometimes they have consequences. Her activity lapsed and she should not be allowed to practice. Our former City Manager sat in the chambers and took some of the worst statements about himself. Where is she.
Michel Bazinet shared concerns regarding Bijal Patel practicing law while her California State Bar Association law license was suspended and not alerting City Council about her suspended license. Her employment contract states her employment terminates immediately if she is found to have committed an act resulting in disbarment or suspension from the California State Bar Association.
Special Meeting Minutes 5 August 7, 2023
If Council ignores a legal issue and allows Ms. Patel to continue working, then she will be working despite her terminated employment contract as City Attorney which opens up the City for legal sanctions which could include prison terms.
The City Attorney has to be held accountable.
Karen Moore stated the City Attorney could of handled it and when there are other options and other attorneys, to continue to ignore the law when you are a lawyer, that is the one person that should not be breaking laws and she holds no hope this is a Council that will do the right thing.
ACTION: Motion was made by Mayor Pro Tem Davis and seconded by Council Member Evans to recess to closed session. Roll call found all in favor; passed and so ordered. Time: 6:26 p.m.
6. Reconvened to Open Session – Time: 9:11 p.m.
7. Report of Final Action, if Any – Todd Amspoker serving as the City Attorney stated the Council met in closed session related to the City Attorney and there was no reportable Action at this time. Ms. Patel remains the City Attorney and direction has been provided to staff.
8. Council Items and Comments – There were no Council comments.
9. Adjournment – Time: 9:12 p.m.
ACTION: Motion was made by Mayor Pro Tem Davis and seconded by Council Member Evans to adjourn. Roll call found all in favor; passed and so ordered.
The above agenda was posted at the Tracy City Hall on August 4, 2023. The above are action minutes. A recording is available at the office of the City Clerk.
____________________________
Mayor
ATTEST:
__________________________
City Clerk
August 15, 2023
Agenda Item 1.B
RECOMMENDATION
The T
racy Homelessness Advisory Committee recommends that the City Council adopt a Resolution approving a two-year general services agreement with SC Commercial, LLC dba SC Fuels, in a not to exceed amount of $500,000, for on-demand mobile fueling of diesel fuel at 370 W. Arbor Avenue, Tracy, CA 95304.
EXECUTIVE SUMMARY
The City of
Tracy purchases fuel to operate generators located at 370 W. Arbor Avenue, Tracy, CA 95304 to provide power to the Temporary Emergency Housing Facility site. This agenda item is to award the diesel fuel supply services to SC Commercial, LLC dba SC Fuels in the amount not to exceed $500,000.
The Tracy
Homelessness Advisory Committee (THAC) heard this item on June 15, 2023 and recommended that the City Council adopt the proposed Resolution.
BACKGROUND AND LEGISLATIVE HISTORY
The Cit
y requires on-demand mobile fueling of diesel fuel for four generators with an estimated capacity of 400 gallons each with two generators active at all items. There are also an additional two backup generators for the daily operation of the Temporary Emergency Housing Facility.
Fuel is delivered to 370 W. Arbor Avenue, Tracy, CA 95304.
On Februar
y 23, 2023, staff issued a Notice of Request for Bid (Request for Bid) for on-demand mobile services of diesel fuel to provide the City with a fuel supplier at 370 W. Arbor Avenue, Tracy, CA 95304. The Request For Bids proposed an agreement with an initial term of two years, with an option to extend in a not to exceed cumulative agreement term of six years. The bid shall cover the City’s requirements for diesel fuel for the period of April 1, 2023 through April 1, 2025. If the City determines that the Bidder has satisfactorily performed all requirements in this agreement, and per recommendation from the Director of Operations & Utilities to the City Manager, the City Manager may extend the Agreement for an additional four (4) years in any combination not to exceed a total agreement length of six (6) years. If all extensions are applied, the ending date of the Agreement will be March 30, 2029.
On Marc
h 10, 2023, the City received three bid packages from three fuel suppliers. Staff reviewed and analyzed all the bids received based on the Oil Price Information Service (OPIS) of Stockton Daily Rack Average and their Mark-up for each fuel type requested. OPIS is a Dow Jones Company that provides pricing transparency to buy and sell oil and energy commodities with confidence. The selected fuel supplier was evaluated based on the lowest Mark-up.
There are
three fuel grades the City can purchase: Dyed CARB Ultra Low Sulfur Diesel, CARB Ultra Low Sulfur Diesel, and Renewable Diesel (HDRD) provided by the three fuel suppliers.
Additionally, the Mark-up price and Total Price Per Gallon is considered in this comparison to determine the lowest fuel supplier. Three bids were received, each with their own Mark-up over the OPIS indicator, as follows:
Agenda Item 1.B
August 15, 2023
• Vall
ey Pacific Petroleum Inc. 20¢ above OPIS ($3.451 + .20 = $3.651) per gallon • Stockton Petroleum Co. Inc. $1.59 above OPIS ($3.4556 + $1.59 = $5.0456) per gallon • SC Commercial, LLC dba SC Fuels $2.00 above OPIS ($3.4515 + $2.00 = $5.4515) per gallon
As a result, the lowest responsive bid was submitted by Valley Pacific Petroleum Services, Inc. based on meeting the bid requirements, and Mark-up over daily rack average, and current City fuel consumption. Valley Pacific Petroleum Services, Inc. was selected as the lowest bid; however, Valley Pacific Petroleum Services, Inc. rescinded their bid offer. Therefore, Stockton Petroleum Company, Inc. was then offered the service agreement as the second lowest responsive bid. On June 27, 2023, Stockton Petroleum Company, Inc. rescinded their bid offer.
As a result, SC Commercial, LLC dba SC Fuels was then offered the service agreement as the third lowest responsive bid; which they accepted as the third lowest bid.
Upon approv
al, the initial term of the Agreement will be from July 1, 2023, through July 1, 2025, and not to exceed $500,000 for on-demand mobile fueling of diesel fuel at 370 W. Arbor Avenue, Tracy, CA 95304. The Request for Bid noticed that the City reserved the right to grant extensions to the initial term. Should staff recommend extensions be exercised by the City, staff will return to the City Council to get such authorization and requisite budget appropriation. The not to exceed amount is based on the average monthly fuel consumption cost times the OPIS per gallon plus the Mark-up. The table below reflects the monthly fuel consumption at the Temporary Emergency Housing Facility site.
370 W. Arbor Avenue, Tracy, CA 95304 Fuel Consumption
Jan-23 Feb-23 Mar-23 Apr-23 May-23 Monthly Average
Gallons
consumed 2,006.20 2,817.10 3,992.80 3,087.10 3,821.20 3,144.88 *Tracking began 1/16/2023
Therefo
re, SC Commercial, LLC dba SC Fuels OPIS plus Mark-up per gallon results in an average annual fuel consumption cost in the amount of $250,000, resulting in a not to exceed amount of $500,000 for the two-year general services agreement term for this contract.
STRATEGIC PLAN
This
agenda item supports the Public Safety Strategic Priority, Implement the adopted Homelessness Strategic Plan.
FISCAL IMPACT
The Cit
y secured a one-time grant in the amount of $1.2 Million from Health Plan of San Joaquin for the costs of interim shelter site construction and operating expenses related to executing Phase 3 and Phase 4 of the shelter project. A portion of the grant funds will be used to cover the cost of the contract with Stockton Petroleum. In addition, the City has committed funding from ARPA for the operations costs at the Temporary Emergency Housing Facility. The remaining cost of the contract with SC Commercial, LLC dba SC Fuels will be covered by the Agenda Item 1.B
August 15, 2023
allocation of ARPA funds. Per City Council’s approval of the $1.2 Million dollar grant, below is a breakdown of the funding allocation.
Revenue Sources Health Plan of San
Joaquin
Modulars (phase 3 first year) $192,931
Custom Containers (phase 4) $716,320
Operating (Supplies, Fuel) (phase 3 and 4 first year) $290,749 Total Committed $1,200,000
CEQA DETERMINATION
Government Code section 8698.4 exempts the application of the California Environmental Quality Act (CEQA) to various actions taken by public agencies to implement the construction of a homeless shelter in response to a declared shelter crisis. In addition, the interim solutions taken thus far are in furtherance of and related to the permanent solution that will be implemented, referred to as the Te mporary E mergency Housing Project on Arbor Avenue (CIP 71112). A Notice of Exemption was issued on October 16, 2020, for the Temporary Emergency Housing site at 500 Arbor Avenue in accordance with Government Code sections 65660-65662 for Low Barrier Navigation Centers and Section 15269(c) of the CEQA Guidelines (14 Cal. Code Regs. 15269(c)) for (Emergency Projects.) No environmental impacts beyond those already analyzed for the CIP exist; accordingly, no further CEQA analysis is needed.
ACTION REQUESTED OF THE CITY COUNCIL
The Tracy Homelessness Advisory Committee recommends that the City Council adopt a Resolution approving a two-year general services agreement with SC Commercial, LLC dba SC Fuels, in a not to exceed amount of $500,000, for on-demand mobile fueling of diesel fuel at 370 W. Arbor Avenue, Tracy, CA 95304.
Prepared by: Virginia Carney, Homeless Services Manager Reviewed by: Adriana
Castaneda, Director of Mobility and Housing
Sara
Cowell, Director of Finance
Karin Schnaider, Assistant City Manager
Bijal Patel, City Attorney
Approved
by: Midori Lichtwardt, Interim City Manager
ATTACHMENTS
Attac
hment A – General Services Agreement with SC Commercial, LLC dba SC Fuels City of Tracy – General Services Agreement with SC Commercial, LLC, DBA SC Fuels
CITY OF
TRACY
GENERAL SERVICES AGREEMENT WITH
SC COMMERCIAL, LLC, DBA SC FUELS
This Gener
al Services Agreement (Agreement) is entered into between the City of Tracy, a municipal corporation (City), and SC Commercial, LLC, DBA SC Fuels (Contractor). City and Contractor are referred to individually as “Party” and collectively as “Parties.” Recitals
A. City desi
res to retain Contractor to provide diesel fuel at 370 W. Arbor Road, Tracy, CA 95376 for four generators with an estimated capacity of 300 gallons each with two active at all times and an additional two backups and spare fuel tank. This location is considered an on-demand mobile fueling operation; and
B. After negot
iations between the City and Contractor, the Parties have reached an agreement for the performance of services in accordance with the terms set forth in this Agreement.
C. This Agreemen
t is being executed pursuant to Resolution No. 2022-121 approved by Tracy City Council on August 16, 2022.
Now theref
ore, the Parties mutually agree as follows:
1. Scope of Work. Cont
ractor shall perform the services described in Exhibit “A” attached and incorporated by reference. The services shall be performed by, or under the direct supervision of, Contractor’s Authorized Representative: Jake Loveland, Business Development Manager. Contractor shall not replace its Authorized Representative, nor shall Contractor use or replace any subcontractors or subconsultants City’s prior written consent. A failure to obtain the City’s prior written consent for any change or replacement in personnel or subcontractor may result in the termination of this Agreement.
2. Time of Per
formance. Time is of the essence in the performance of services under this Agreement and the timing requirements set forth shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. Contractor shall begin performance, and shall complete all required services no later than the dates set forth in Exhibit “A.” Any services for which times for performance are not specified in this Agreement shall be started and completed by Contractor in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the Contractor. Contractor shall submit all requests for time extensions to the City in writing no later than ten days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due. City shall grant or deny such requests at its sole discretion.
2.1 Term. The term of this Agreement shall begin on July 1, 2023, and end on July 1, 2025. If the City determines that the Contractor has satisfactorily performed all requirements in this agreement, and per recommendation from the Director of Operations & Utilities to the City Manager, the City Manager may extend the Agreement for an additional four (4) years in any combination not to exceed a total agreement length of six (6) years. If all extensions are applied, the ending date of the Agreement will be June 30, 2029.
3. Compensation . Cit
y shall pay Contractor on a time and expense basis, at the billing rates set forth in Exhibit “B,” attached and incorporated by reference for services performed under this Agreement.
DocuSign Envelope ID: 9666EECC-7F12-421A-A435-C40AA6D07EC6 Attachment A
City of Tracy – General Services Agreement with SC Commercial, LLC, DBA SC Fuels
3.1 Not to Exceed Amount. Contractor’s total compensation under this Agreement shall not exceed $500,000. Contractor’s billing rates shall cover all costs and expenses for Contractor’s performance of this Agreement. No work shall be performed by Contractor in excess of the total compensation amount provided in this section without the City’s prior written approval.
3.2 Invoices. Contractor shall submit monthly invoices to the City that describe the services performed, including times, dates, and names of persons performing the services.
3.2.1. Contractor’s failure to submit invoices in accordance with these requirements may result in the City rejecting said invoices and thereby delaying payment to Contractor.
3.3 Payment. Within 30 days after the City’s receipt of invoice, City shall make payment to the Contractor based upon the services described on the invoice and approved by the City.
4. Indemn
ification. Contractor shall, to the fullest extent permitted by law, indemnify, defend (with independent counsel approved by the City), and hold harmless the City from and against any claims arising out of Contractor’s performance or failure to comply with obligations under this Agreement, except to the extent caused by the sole, active negligence or willful misconduct of the City.
In t
his section, “City” means the City, its officials, officers, agents, employees and volunteers; “Contractor” means the Contractor, its employees, agents and subcontractors; “Claims” includes claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all related costs and expenses) and any allegations of these; and “Arising out of” includes “pertaining to” and “relating to”.
The provi
sions of this section survive completion of the services or the termination of this Agreement, and are not limited by the provisions of Section 5 relating to insurance.
5. Insurance
. Contractor shall, throughout the duration of this Agreement, maintain insurance to cover Contractor, its agents, representatives, and employees in connection with the performance of services under this Agreement at the minimum levels set forth herein.
5.1 Commercial General Liability (with coverage at least as broad as ISO form CG 00 01 01 96) “per occurrence” coverage shall be maintained in an amount not less than $4,000,000 general aggregate and $2,000,000 per occurrence for general liability, bodily injury, personal injury, and property damage.
5.2 Automobile Liability (with coverage at least as broad as ISO form CA 00 01 07 97, for “any auto”) “claims made” coverage shall be maintained in an amount not less than $1,000,000 per accident for bodily injury and property damage.
5.3 Workers’ Compensation coverage shall be maintained as required by the State of California.
5.4 Professional Liability “claims made” coverage shall be maintained to cover damages that may be the result of errors, omissions, or negligent acts of Contractor in an amount not less than $1,000,000 per claim.
5.5 Pollution Liability Insurance
5.5.1 Pollution Coverage shall be provided for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than two million dollars ($2,000,000) per claim. All activities contemplated in this agreement shall be specifically scheduled on the policy as “covered operations.” The policy will be applicable to the work being performed and provide coverage for the delivery of diesel fuel.
5.5.2 The policy shall be endorsed to include the City, its officers, employees, and agents as insured.
5.6 Endorsements. Contractor shall obtain endorsements to the automobile and commercial general liability insurance policies with the following provisions:
DocuSign Envelope ID: 9666EECC-7F12-421A-A435-C40AA6D07EC6 City of Tracy – General Services Agreement with SC Commercial, LLC, DBA SC Fuels
5.6.1 The City (including its elected officials, officers, employees, agents, and volunteers) shall be named as an additional “insured.”
5.6.2 For any claims related to this Agreement, Contractor’s coverage shall be primary insurance with respect to the City. Any insurance maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it.
5.7 Notice of Cancellation. Contractor shall notify the City if the policy is canceled before the expiration date. For the purpose of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation. Contractor shall immediately obtain a replacement policy.
5.8 Authorized Insurers. All insurance companies providing coverage to Contractor shall be insurance organizations authorized by the Insurance Commissioner of the State of California to transact the business of insurance in the State of California.
5.9 Insurance Certificate. Contractor shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance and endorsements, in a form satisfactory to the City, before the City signs this Agreement.
5.10 Substitute Certificates. Contractor shall provide a substitute certificate of insurance no later than 30 days prior to the policy expiration date of any insurance policy required by this Agreement.
5.11 Contractor’s Obligation. Maintenance of insurance by the Contractor as specified in this Agreement shall in no way be interpreted as relieving the Contractor of any responsibility whatsoever (including indemnity obligations under this Agreement), and the Contractor may carry, at its own expense, such additional insurance as it deems necessary. Failure to provide or maintain any insurance policies or endorsements required herein may result in the City terminating this Agreement.
6. Term
ination. The City may terminate this Agreement by giving ten days’ written notice to Contractor. Upon termination, Contractor shall give the City all original documents, including preliminary drafts and supporting documents, prepared by Contractor for this Agreement. The City shall pay Contractor for all services satisfactorily performed in accordance with this Agreement, up to the date notice is given.
7. Disput
e Resolution. If any dispute arises between the City and Contractor that cannot be settled after engaging in good faith negotiations, City and Contractor agree to resolve the dispute in accordance with the following:
7.1 Each Party shall designate a senior management or executive level representative to negotiate the dispute;
7.2 The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.
7.3 If the issue remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiations between legal counsel. If the aforementioned process fails, the Parties shall resolve any remaining disputes through mediation to expedite the resolution of the dispute.
7.4 The mediation process shall provide for the selection within fifteen (15) days by both Parties of a disinterested third person as mediator, shall be commenced within thirty (30) days and shall be concluded within fifteen (15) days from the commencement of the mediation.
7.5 The Parties shall equally bear the costs of any third party in any alternative dispute resolution process.
7.6 The dispute resolution process is a material condition to this Agreement and must be exhausted prior to either Party initiating legal action. This dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code §§ 900 et seq.
DocuSign Envelope ID: 9666EECC-7F12-421A-A435-C40AA6D07EC6 City of Tracy – General Services Agreement with SC Commercial, LLC, DBA SC Fuels
8 Labor Code Compliance. Contractor is aware of the requirements of Chapter 1 of Part 7 of Division 2 of the California Labor Code and applicable regulations which require the payment of prevailing wage rates (§1771, §1774, and §1775); employment of apprentices (§1777.5), certified payroll records (§1776), hours of labor (§1813 and §1815), debarment of contractors and subcontractors (§1777.1) and the performance of other requirements on “public works” and “maintenance” projects. The services being performed under this Agreement are part of a “public works” or “maintenance” project, as defined in the Prevailing Wage Laws, Contractor agrees to fully comply with such Prevailing Wage Laws.
8.1 Rates. These prevailing wage rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to perform the services described herein. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half. Contractor assumes all responsibility for such payments and shall defend, indemnify and hold the City harmless from any and all claims made by the State of California, the Department of Industrial Relations, any subcontractor, any worker, or any other third party.
8.2 Registration with DIR. Contractor warrants that it is registered with the Department of Industrial Relations and qualified to perform the services consistent with Labor Code section 1725.5.
8.3 Monitoring. This Agreement will be subject to compliance monitoring and enforcement by the DIR, under Labor Code section 1771.4.
9. Owne
rship of Work. All original documents prepared by Contractor for this Agreement, whether complete or in progress, are the property of the City, and shall be given to the City at the completion of Contractor’s services, or upon demand from the City. No such documents shall be revealed or made available by Contractor to any third party without the City’s prior written consent.
10. Independen
t Contractor Status. Contractor is an independent contractor and is solely responsible for the acts of its employees or agents, including any negligent acts or omissions.
Contractor is not City’s employee and Contractor shall have no authority, express or implied, to act on behalf of the City as an agent, or to bind the City to any obligation, unless the City provides prior written authorization. Contractor is free to work for other entities while under contract with the City.
Contractor, and its agents or employees, are not entitled to City benefits.
11. Confl
icts of Interest. Contractor (including its employees, agents, and subcontractors) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement.
If Contractor maintains or acquires such a conflicting interest, the City may terminate any contract (including this Agreement) involving Contractor’s conflicting interest.
12. Rebates
, Kickbacks, or Other Unlawful Consideration. Contractor warrants that this Agreement was not obtained or secured through rebates, kickbacks, or other unlawful consideration either promised or paid to any City official or employee. For breach of this warranty, City shall have the right, in its sole discretion, to terminate this Agreement without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.
13. Noti
ces. All notices, demands, or other communications which this Agreement contemplates or authorizes shall be in writing and shall be personally delivered or mailed to the other party to the addresses listed below. Communications shall be deemed to have been given and received on the first to occur of: (1) actual receipt at the address designated below, or (2) three working days after the deposit in the United States Mail of registered or certified mail, sent to the address designated below.
DocuSign Envelope ID: 9666EECC-7F12-421A-A435-C40AA6D07EC6 City of Tracy – General Services Agreement with SC Commercial, LLC, DBA SC Fuels
To City: To Contractor:
Opera
tions and Utilities Department SC Fuels
Attn: James Jackson Attn: Shawn Shears
520 N. Tracy Blvd 237 E. Whitmore Avenue
Tracy, CA 95376 Modesto, CA 95358
Wit
h a copy to:
City Attorney
333 Civic Center Plaza
Tracy, CA 95376
14. Misce
llaneous.
14.1 Standar
d of Care. Unless otherwise specified in this Agreement, the standard of care applicable to Contractor’s services will be the degree of skill and diligence ordinarily used by reputable professionals performing in the same or similar time and locality, and under the same or similar circumstances.
14.2 Amendments. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both Parties.
14.3 Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.
14.4 Assignment and Delegation. Contractor may not assign, transfer or delegate this Agreement or any portion of it without the City’s written consent. Any attempt to do so will be void.
City’s consent to one assignment shall not be deemed to be a consent to any subsequent assignment.
14.5 Jurisdiction and Venue. The interpretation, validity, and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of San Joaquin.
14.6 Compliance with the Law. Contractor shall comply with all applicable local, state, and federal laws, whether or not those laws are expressly stated in this Agreement.
14.6.1 Hazardous Materials. Contractor is responsible for all costs of clean up and/or removal of hazardous and toxic substances spilled as a result of performing their services.
14.6.2 Non-discrimination. Contractor represents and warrants that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Contractor shall also comply with all applicable anti-discrimination federal and state laws, including but not limited to, the California Fair Employment and Housing Act (Gov. Code 12990 (a-f) et seq.).
14.7 Business Entity Status. Contractor is responsible for filing all required documents and/or forms with the California Secretary of State and meeting all requirements of the Franchise Tax Board, to the extent such requirements apply to Contractor. By entering into this Agreement, Contractor represents that it is not a suspended corporation. If Contractor is a suspended corporation at the time it enters this Agreement, City may take steps to have this Agreement declared voidable.
14.8 Business License. Before the City signs this Agreement, Contractor shall obtain a City of Tracy Business License. Contractor shall maintain an active City of Tracy Business License during the term of this Agreement.
14.9 Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns.
DocuSign Envelope ID: 9666EECC-7F12-421A-A435-C40AA6D07EC6 City of Tracy – General Services Agreement with SC Commercial, LLC, DBA SC Fuels
14.10 Construction of Agreement. Each Party hereto has had an equivalent opportunity to participate in the drafting of this Agreement and/or to consult with legal counsel. Therefore, the usual construction of an agreement against the drafting Party shall not apply hereto.
14.11. Severability. If a term of this Agreement is held invalid by a court of competent jurisdiction, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in effect.
14.12 Controlling Provisions. In the case of any conflict between the terms of this Agreement and the Exhibits hereto, and Contractor’s proposal (if any), the Agreement shall control. In the case of any conflict between the Exhibits hereto and the Contractor’s proposal (if any), the Exhibits shall control.
14.13 Entire Agreement. This Agreement and the attached Exhibits comprise the entire integrated understanding between the Parties concerning the services to be performed. This Agreement supersedes all prior negotiations, representations or agreements. All exhibits attached hereto are incorporated by reference herein.
15. Signat
ures. The individuals executing this Agreement on behalf of Contractor represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this Agreement on behalf of Contractor.
[SI
GNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 9666EECC-7F12-421A-A435-C40AA6D07EC6 City of Tracy – General Services Agreement with SC Commercial, LLC, DBA SC Fuels
The Parties
agree to the full performance of the terms set forth here.
City of Tracy
_____________________________
By: Nancy
D. Young
Title: Mayor
Date: _______________________
Attest:
________________________________
Adri
anne Richardson, City Clerk
Approved as
to form:
________________________________
Bij
al M. Patel, City Attorney
SC Commercial, LLC, DBA SC Fuels
_____________________________________
By: Robert W. Bollar
Title: Corporate Secretary and Vice President
Date: _______________________
Federal Employer Tax ID No. 83-0751205
Exhibit
s:
A Scope of Work, including personnel and time of performance (See Agreement sections 1 and 2.)
B Compensation (See Agreement section 3.)
DocuSign Envelope ID: 9666EECC-7F12-421A-A435-C40AA6D07EC6 7/14/2023
City of Tracy – General Services Agreement with SC Commercial, LLC, DBA SC Fuels
EXHIBIT A – SCOPE OF SERVICES
FOR
DIESEL
FUEL SUPPLIER FOR TEMPORARY EMERGENCY SHELTER
1. OVERVI
EW:
The Cont
ractor shall have a diesel fuel supply Agreement which shall assure the continuous supply of diesel fuel during the Agreement period. Contractor may be required to furnish information supporting their ability to supply, without major interruption, the products covered in this Scope of Services.
2. DELI
VERY REQUIREMENTS:
2.1. Pr
oduct shall be delivered as ordered by Director of Operations & Utilities or their designee.
2.2. The Ci
ty reserves the right to add or remove delivery locations as required by its operations.
Contractor shall not charge a zone price differential for delivery.
2.3. I
f an order is placed for a truck and trailer quantity to be delivered and the Contractor elects to make that delivery in a vehicle of lesser capacity, the Contractor shall not charge more than the truck and trailer prices.
2.4. Al
l deliveries shall be made in a metered truck or temperature correction adjustments to 60º F shall be made.
2.5. Al
l deliveries shall be made within 24 - 36 hours after order has been placed. Orders shall be placed by authorized e- mail or phone. If a phone order is placed, a follow- up email will be sent to Contractors Authorized Representative.
3. DELI
VERY LOCATION & TIMES:
3.1. Locat
ion:
Ci
ty of Tracy Temporary Emergency Shelter
370 W. Arbor Rd
Tracy, CA 95376
3.2. Times:
Fuel shall be delivered to the site Monday through Friday, between 7:00 AM to 4:00 PM of each week.
The City reserves the right to place additional orders for fuel delivery at any time.
The Cit
y may require periodic fuel delivery at other locations that are to be determined as necessary.
DocuSign Envelope ID: 9666EECC-7F12-421A-A435-C40AA6D07EC6 City of Tracy – General Services Agreement with SC Commercial, LLC, DBA SC Fuels
4. FUEL:
4.1. Quantity:
There shall be no guarantee as to actual quantities required during the period of the Agreement. The City’s annual diesel fuel usage is estimated to be 48,000 gallons.
4.2. Quality:
Diesel fuel shall be Dyed CARB Ultra Low Sulfur Diesel, if unavailable, CARB Ultra Low Sulfur Diesel No. 2, and then Renewable (R99) CARB Ultra Low Sulfur Diesel No. 2 is acceptable and shall comply with all CARB requirements. It shall meet or exceed the requirements of the latest edition of ASTM D975 and shall meet the sulfur content and the aromatic content in California Code of Regulation, Title 13, section 2281 and section 2282. Renewable diesel should be treated the same as conventional CARB diesel for all purposes, including storage in underground storage tanks (USTs).
Contr
actor shall be liable for any and all damages to facilities (including tank, fuel lines, pumps, and dispensers), vehicles, and fuel in storage, which may occur as the result of contaminated fuel or fuel not in compliance with specification.
4.3. Fuel Spills
Contractor shall be responsible for any damage or violations of law caused by any fuel spill during the delivery process. Drivers are to report any spill and the Contractor shall pay C ity for any costs incurred in the cleanup of any spill.
5. PRICE
VERIFICATION:
Duri
ng the Agreement period, the Contractor will be required to provide price verification. This may be supplied in the form of rack prices in effect at time of delivery and/or copy of Contractor’s Rack Supplier invoices that show prices paid for product delivered. The Contractor agrees to make available at their office, at reasonable times during the period of the Agreement, any of the above records for inspection or audit by an authorized representative of the City.
6. SUBCO
NTRACTORS:
Contr
actor shall not use subcontractors without the prior written approval of the City of Tracy. Any contract resulting from this bid and any amendments or supplements thereto shall not be assignable by the Contractor either voluntarily or by operation of law without the written approval of the City and shall not become an asset in any bankruptcy receivership or guardianship proceeding. Such contract shall extend to and be binding upon and insure to the benefits of the heirs, executors, administrators, successors, and assign of the respective parties hereto.
DocuSign Envelope ID: 9666EECC-7F12-421A-A435-C40AA6D07EC6 City of Tracy – General Services Agreement with SC Commercial, LLC, DBA SC Fuels
7. PERMI
TS:
Contr
actor is required to obtain all applicable Federal, State, and local permits include but not limited to an On-Demand Mobile Fueling Operation.
DocuSign Envelope ID: 9666EECC-7F12-421A-A435-C40AA6D07EC6 City of Tracy – General Services Agreement with SC Commercial, LLC, DBA SC Fuels
EXHIBIT B - COMPENSATION
SCHEDULE
OF PRICES
Based on Oil Price Information Service (OPIS) Stockton Daily Rack Average *Bid evaluated on lowest markup
Dyed CARB
Ultra Low Sulfur Diesel
Price Per Gallon over OPIS
Stockton Daily Rack Rate
$2.00
DocuSign Envelope ID: 9666EECC-7F12-421A-A435-C40AA6D07EC6
APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
TRACY CITY COUNCIL
RESOLUTION NO. _______________
APPROVING A TWO-YEAR GENERAL SERVICE AGREEMENT WITH SC
COMMERCIAL, LLC DBA SC FUELS, IN A NOT TO EXCEED AMOUNT OF $500,000, FOR ON-DEMAND MOBILE FUELING OF DIESEL FUEL AT 370 W.
ARBOR AVENUE, TRACY, CA 95304
WHEREAS, the City of Tracy purchases fuel to operate generators located at 370 W.
Arbor Avenue, Tracy, CA 95304 to provide power to the Temporary Emergency Housing Facility site; and
WHEREAS, the City requires on-demand mobile fueling of diesel fuel for four generators with an estimated capacity of 400 gallons each with two generators active at all items. There are also an additional two backup generators for the daily operation of the Temporary Emergency Housing Facility; and
WHEREAS, the City requires a vendor to provide fuel to the active generators for the daily operations of the Temporary Emergency Housing Facility; and WHEREAS, the City issued a Notice Inviting Bids to perform such services and received three bid packages from three fuel suppliers. Staff reviewed and analyzed all the bids received based on the Oil Price Information Service (OPIS) of Stockton Daily Rack Average and their Mark-up for each fuel type requested. OPIS is a Dow Jones Company that provides pricing transparency to buy and sell oil and energy commodities with confidence. The selected fuel supplier was evaluated based on the lowest Mark-up. Three bids were received, each with their own Mark-up over the OPIS indicator, as follows:
• Valley Pacific Petroleum Inc. 20¢ above OPIS ($3.451 + .20 = $3.651) per gallon • Stockton Petroleum Co. Inc. $1.59 above OPIS ($3.4556 + $1.59 = $5.0456) per gallon • SC Commercial, LLC dba SC Fuels $2.00 above OPIS ($3.4515 + $2.00 = $5.4515) per gallon
; and
WHEREAS, the Notice Inviting Bids proposed an agreement with an initial term of two years, with an option to extend in a not to exceed cumulative agreement term of six years; and WHEREAS, the lowest responsive bid was submitted by Valley Pacific Petroleum Services, Inc. based on meeting the bid requirements, and Mark-up over daily rack average, and current City fuel consumption. Valley Pacific Petroleum Services, Inc. was selected as the lowest bid; however, Valley Pacific Petroleum Services, Inc. rescinded their bid offer. Therefore, Stockton Petroleum Company, Inc. was then offered the service agreement as the second lowest responsive bid; and
WHEREAS, on June 27, 2023, Stockton Petroleum Company, Inc. rescinded their bid offer and as a result, SC Commercial, LLC dba SC Fuels was then offered the service agreement as the third lowest responsive bid; which they accepted as the third lowest bid; and WHEREAS, the not to exceed amount is based on the average monthly fuel consumption cost times the OPIS per gallon plus the Mark-up. The table below reflects the monthly fuel consumption at the Temporary Emergency Housing Facility site; 370 W. Arbor Avenue, Tracy, CA 95304 Fuel Consumption
Jan-23 Feb-23 Mar-23 Apr-23 May-23 Monthly Average
Gallons
consumed 2,006.20 2,817.10 3,992.80 3,087.10 3,821.20 3,144.88 *Tracking began 1/16/2023
; and
WHEREAS, the City has reached an agreement with SC Commercial, LLC dba SC Fuels to perform such services, for an initial term of two (2) years, not to exceed amount of $500,000, and should staff recommend extensions of the agreement be exercised by the City, staff will return to the City Council to get such authorization and requisite budget appropriation; and
WHEREAS, SC Commercial, LLC dba SC Fuels OPIS plus Mark-up per gallon results in an average annual fuel consumption cost in the amount of $250,000, resulting in a not to exceed amount of $500,000 for the two-year general services agreement term for this contract; and
WHEREAS, The Tracy Homelessness Advisory Committee heard this item on June 15, 2023 and recommended that the City Council adopt the proposed Resolution; now, therefore, be it
RESOLVED: That the City Council hereby approves a General Services Agreement, in a form to be approved by the City Attorney, with SC Commercial, LLC dba SC Fuels to provide a two-year general services agreement with SC Commercial, LLC dba SC Fuels, in a not to exceed amount of $500,000, for on-demand mobile fueling of diesel fuel at 370 W. Arbor Avenue, Tracy, CA 95304; and be it
FURTHER RESOLVED: That should staff recommend extensions of the agreement be exercised by the City, staff will return to the City Council to get such authorization and requisite budget appropriation.
* * * * * * * * * * * * * *
Resolution 2023-
ABSTENTION: COUNCIL MEMBERS:
___________________________________________
NANCY D. YOUNG
Mayor of the City of Tracy, California
ATTEST:
ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California
The foregoing Resolution 2023-_____ was adopted by the Tracy City Council on August 15, 2023, by the following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Resolution 2023-
August 15, 2023
Agenda Item 1.C
RECOMMENDATION
Staff recommends that the City Council waive the second reading and adopt an Ordinance revising Section 6.04.310 of the Tracy Municipal Code to correct typographical errors regarding business tax categories.
EXECUTIVE SUMMARY
On November 8, 2022, the residents of the City of Tracy approved a ballot initiative to repeal and replace Chapter 6.04 (Business Taxes) of the Tracy Municipal Code and adopt a “gross receipt” based business tax structure. As part of the ballot initiative, City Council adopted an ordinance outlining the new Business Tax structure. After the voters approved Measure B, City staff discovered typographical errors in the measure’s language that leave the categorizations described above ambiguous. The City recommends revisions to Section 6.04.310 to correct these errors and to give clear effect to what the voters intended when they passed Measure B.
BACKGROUND AND LEGISLATIVE HISTORY
Chapter 6.04 of the Tracy Municipal Code contains the City of Tracy’s (City) Business Taxes structure (Business Taxes Structure), which applies to all persons engaged in the business activities in the City. The Business Tax Structure has not been critically re-examined in decades, which precipitated the City initiating a ballot initiative to the residents of Tracy to revamp the Business Taxes Structure.
The City’s voters approved Measure B in the November 2022 general election. The City Council declared the results of the November 2022 general election on December 13, 2022, and Measure B therefore went into effect ten days later (Elec. Code, § 9217).
Per the impartial analysis submitted by the City Attorney: The maximum tax rates proposed by Measure B are:
• $50 base tax for the first $500,000 in gross receipts; • Gross Receipts over $500,000 will have the following tax rates applied • 0.1% of gross receipts for General Business;
• 0.15% of gross receipts for Manufacturing/Warehousing/Wholesaling; • 0.2% of gross receipts for Contractor/Services; and
• 0.3% of gross receipts for Professional and Rental.
ANALYSIS
After the voters approved Measure B, City staff discovered typographical errors in the measure’s language that leave the categorizations described above ambiguous. The City wishes to correct these errors in order to give clear effect to what the voters intended when they passed Measure B.
• The first correction includes removing “wholesale” to Category 1 of 6.04.310 (Determination of tax due based on gross receipts plus annual registration tax), subsection (d). As evident, “wholesaling” belongs in Category 2.
Agenda Item 1.C
August 15, 2023
• The second correction is within the title of Category 2 of 6.04.310, subsection (d). The title of Category 2 has been amending to including “warehousing” in the title. As evident by all the marketing material and the City Attorney’s Impartial Analysis (Attachment B), the intention of the City has always been to include Manufacturing, Warehousing and Wholesaling in Category 2. Additionally, in this section the definitions of “warehousing” and “wholesaling” have been added.
• The third correction is in Category 3, 6.04.310, subsection (d), subsection (3), subsection (B), under the definition of “Service,” staff recommends, for clarifying purposes, to delete parts of definition that contradicts with Category 4 “Professional Service.”
The revisions provided above are declaratory of the voters’ expressed intent in passing Measure B in the November 2022 general election, as those revisions are consistent with what the City represented to voters about what this City-Council-proposed initiative would do. This Ordinance is not intended to, and does not, amend Measure B so as to change its scope and effect in any way the voters did not intend.
FISCAL IMPACT
The City currently collects approximately $900,000 annually in Business Taxes. It is estimated that the proposed revision to the Business Taxes structure will generate approximately $5M in annual tax review for the City’s General Fund. The Business Tax is renewed annually in July.
STRATEGIC PLAN
The agenda item supports Governance Strategic Goal 2: ensuring short- and long-term fiscal health.
ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that the City Council waive the second reading and adopt an Ordinance revising Section 6.04.310 of the Tracy Municipal Code to correct typographical errors regarding business tax categories.
Prepared by: Necy Lopez, Deputy City Clerk
Reviewed by: Brian MacDonald, Interim Assistant City Manager Bijal M. Patel, City Attorney
Approved by: Midori Lichtwardt, Interim City Manager
Attachments: Ordinance to revising section 6.04.310 of the Tracy Municipal Code to correct typographical errors regarding business tax categories
APPROVED AS TO FORM AND LEGALITY
___________________________
CITY ATTORNEY’S OFFICE
TRACY CIT
Y COUNCIL
ORDINANCE
NO. _____
REVISING
SECTION 6.04.310 OF THE TRACY MUNICIPAL CODE TO
CORRECT TYPOGRAPHICAL ERRORS REGARDING BUSINESS TAX
CATEGORIES
WHEREAS, on
July 12, 2022, City Council passed a resolution to submit an initiative to the voters to amend Chapter 6 of the Tracy Municipal Code, which concerns the City’s business tax; and
WHEREAS, t
he San Joaquin County elections official designated this initiative as Measure B; and
WHEREAS, M
easure B applies four different tax rates to businesses within the City, according to four different categories of business operations; and WHEREAS, w
henever the City described Measure B to voters, including in staff reports, the City Attorney’s Impartial Analysis, and other informational material, the City consistently represented that (i) wholesale businesses would be included in Measure B’s Category 2, (ii) warehousing operations would also be included in Category 2, and (iii) general “Services” would be distinguished from “Professional” activities and taxed in different categories; and
WHEREAS,
the City’s voters approved Measure B in the November 2022 general election; and
WHEREAS,
the City Council declared the results of the November 2022 general election on December 13, 2022, and Measure B therefore went into effect ten days later (Elec. Code, § 9217); and
WHEREAS,
after the voters approved Measure B, City staff discovered typographical errors in the measure’s language that leave the categorizations described above ambiguous; and
WHEREAS,
the City Council wishes to correct these errors in order to give clear effect to what the voters intended when they passed Measure B.
NOW, THE
REFORE, THE CITY COUNCIL OF THE CITY OF TRACY DOES ORDAIN AS FOLLOWS:
SECTIO
N 1. Incorporation of Recitals/Findings. The City Council finds and determines the foregoing recitals are true and correct and are hereby incorporated herein as findings and determinations of the City.
ATTACHMENT A
Ordinance _____
SECTION 2. Revisions to Measure B. Section 6.04.310, subdivision (d) of the Tracy Municipal Code is revised to read as follows (with additions underlined, and deletions in strikethrough):
(d) Categories of Businesses:
(1) CATEGORY 1: General retail, restaurants, hotels, and tour operators and any Business not otherwise classified (0.001 x Gross Receipts in excess of the Base Gross Receipts):
For example, if a Business has a Gross Receipt of $700,000 and is a Category 1 Business, the total amount of tax the Business would pay would be a $50 (for the first $500,000 [Base Gross Receipt]) + $200 ([$700,000 - $500,000] x .001) for a total of $250 in Business Tax.
(A) Any establishment or Business that conducts retail (the sale of goods to ultimate consumers, usually in small quantities), or wholesale (the sale of goods in quantity, as to retailers or jobbers, for resale), or restaurant (an establishment where meals, prepared food, and / or beverages are served to customers).
(B) “Tour operator” means a Business that provides tours in the City for Compensation.
(2) CATEGORY 2: Manufacturing, Warehousing and Wholesaling Wholesale and Manufacturing (0.0015 x Gross Receipt in excess of the Base Gross Receipts):
For example, if a Business has a Gross Receipt of $700,000 and is a Category 2 Business, the total amount of tax the Business would pay would be a $50 (for the first $500,000 [Base Gross Receipt]) + $300 ([$700,000 - $500,000] x .0015) for a total of $350 in Business Tax. (A) “Manufacturing” includes every person conducting or carrying on a Business consisting of manufacturing, packing, or processing any goods, wares, merchandise, or commodities at a fixed place of Business within the City or conducting or carrying on a Business of cold storage or refrigeration.
(B) “Warehousing means every Business conducted solely for the purpose of maintaining or renting space for the storage of any kind of property. (C) “Wholesaling” means every Business conducted solely for the purpose of selling goods, wares, or merchandise in wholesale lots for resale. (3) CATEGORY 3: Contractors and Services (0.002 x Gross Receipt in excess of the Base Gross Receipt):
For example, if a Business has a Gross Receipt of $700,000 and is a Category 3 Business, the total amount of tax the Business would pay would Ordinance _____
be a $50 (for the first $500,000 [Base Gross Receipt]) + $400 ([$700,000 - $500,000] x .002) for a total of $450 in Business Tax.
(A) Contractors: every person, firm, or corporation conducting, managing, or carrying on the Business of a contractor, subcontractor, or builder; or engaging in the construction or repair of any buildings; or engaged in any engineering, construction, operating, or advertising as such, or representing himself as such, and regularly employing help for building construction, sewer construction, plumbing construction or general construction.
(B) “Services” means any professional services, as that term is ordinarily and commonly used and understood, wherein individuals are engaged in the Business of offering to the public professional or semiprofessional services for compensation, and not specifically covered under any other part, chapter, or section of this chapter, and shall include those professions that may require a government certification or licensure, but not be limited to the services rendered by a person engaged in the practice or profession such as hairstylist, beautician or cosmetologist, aesthetician, or art instructor.
(4) CATEGORY 4: Professionals and Rental Units (Commercial and Residential) (0.003 x Gross Receipts in excess of the Base Gross Receipt):
For example, if a Business has a Gross Receipt of $700,000 and is a Category 4 Business, the total amount of tax the Business would pay would be a $50 (for the first $500,000 [Base Gross Receipt]) + $600 ([$700,000 - $500,000] x .003) for a total of $650 in Business Tax.
(A) “Professional services” means any professional services, as that term is ordinarily and commonly used and understood, wherein individuals are engaged in the Business of offering to the public professional or semiprofessional services for compensation, and not specifically covered under any other part, chapter or section of this chapter, and shall include those professions generally requiring governmental certification or a professional degree, but not be limited to the serves rendered by a person engaged in the practice or profession of law, medicine, surgery, dentistry, ophthalmologist, optometry, chiropractic, osteopathy, chiropody, dental technician, laboratory technician, physical therapist, mortician, undertaker, psychologist, psychotherapy, radiologist, speech therapist, veterinary, licensed financial planner, licensed investment counselor, real estate agent, real estate broker, stock / bond or security agent or broker, civil, mechanical, electrical, industrial, or other class of engineer, surveyor, geologist, appraiser, architect, accountant, real estate management, property management, income tax preparers, bookkeepers, income tax consultants, developer, or marriage counselors. (B) Any Business, individual, or entity that leases, rents, or otherwise provides property to another individual or entity for compensation.
Ordinance _____
SECTION 3. Revisions Declaratory of Existing Law. The revisions provided in Section 2 above are declaratory of the voters’ expressed intent by passing Measure B in the November 2022 general election, as those revisions are consistent with what the City represented to voters about what this City-Council-proposed initiative would do. This Ordinance is not intended to, and does not, amend Measure B so as to change its scope and effect in any way the voters did not intend.
SECTION 4. Repeal. Urgency Ordinance No. _____________ is hereby repealed.
SECTION 5. CEQA Determination. The City Council finds that thi s Ordinance is categorically exempt fr om the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061(b)(3), pertaining to actions that do not have the potential for causing a significant effect on the environment. This Ordinance is also not a “project” under CEQA Guidelines Section 15378, as it has no potential to result in either a direct or indirect physical change in the environment.
SECTION 6. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Chapter. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase thereof irrespective of the fact that one or more other sections,
subsections, clauses or phrases may be declared invalid or unconstitutional.
SE
CTION 7. Effective Date. This ordinance shall become effective upon the thirtieth (30th) day after final adoption.
SECTION 8. Publication. The City Clerk is directed to publish this ordinance in a manner required by law.
SECTIO
N 9. Codification. This Ordinance shall be codified in the Tracy Municipal Code.
Ordinance _____
*****************
The foregoing Ordinance _____ was introduced at a regular meeting of the Tracy City Council on
the 27th day of June 202 3, and finally adopted on the ____ day of , 2023, by the following vote:
AYES:
NOES::
ABSENT::
ABSTENTION::
___________________________________________
NANCY D. YO
UNG
Mayor of the City of Tracy, California
ATTEST:
ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California
Date of At
testation:
COUNCILI MEMBERS:S:
COUNCIL MEMBERS:S:
COUNCIL MEMBERS:S:
COUNCIL MEMBERS:S:
August 15, 2023
Agenda Item 1.D
RECOMMENDATION
Staff recommends that the City Council adopt a Resolution appointing eight students and two adults to fill vacancies on the Youth Advisory Commission, based upon the selection panel’s recommendations.
EXECUTIVE SUMMARY
The bylaws of the Youth Advisory Commission (Y AC) set the minimum number of youth appointed Commissioners at eight, wi th a maximum limit at fourteen and a maximum of three adult Commissioners. Pursuant to the bylaws, a selection panel was established and made recommendations for eight youth and two adults to be appointed for a two-year term to fill the existing youth and adult vacancies on the Youth Advisory Commission.
BACKGROUND AND LEGISLATIVE HISTORY
The Youth Advisory Commission was established by City Council in 1998 with the purpose of providing youth with an opportunity to make a positive impact in their communities and advising the City Council, Parks and Community Services Commission and staff on matters relating to the welfare of youth in Tracy.
The YAC bylaws are crafted to include two youth representatives from each high school in t he Tracy area (Kimball, Millennium, Tracy, West, Delta Charter, Duncan-Russell, Willow, and Stein) The bylaws require that adult commissioners reside within the jurisdiction of any school district within the City’s Urban Management Plan Area and include one member of any school district and two members of the community who desire to work with youth. Currently the Commission has eight youth and three adult vacancies.
The
bylaws of the Youth Advisory Commission call for a selection panel consisting of one member from the Parks and Community Services sta ff; one Adult Advisor and one Parks and Community Services Commissioner, to review new applications and make recommendations for appointment
to the City Council. Recruitment for the youth and adult Commissioners began on January 6, 2023, with a deadline of April 28, 2023.
ANALYSIS
This year’s interview panel consisted of Parks and Community Services Commissioner Steve Abercrombie,
two Parks and Recreation staff; Recreation Services Supervisor Justin Geibig, and Recreation Coordinator DeAnna Pombo, as there was no Adult Advisor serving on the Commission.
The panel conducted interviews with nineteen students and two adults over two days, May 18, 2023, and
May 22, 2023. Each of the candidates were rated on a scale of A through D and by school.
The selection process is to have a diverse group of teens that reflect each of the Tracy area
high schools, and who wish to have a voice in their community and be involved in the Commission. In
accordance with Resolution No. 2011-120, the bylaws call for the selection panel
to make their recommendation to the City Council to be considered annually in July or Agenda Item 1.D
August 15, 2023
throughout the year to fill vacant positions when they become available. The selection panel recommends the following eight youth for two-year terms, August 15, 2023 to July 31, 2025:
Sarah Syed and Sam Tatari from Tracy High, Tanya Singh and Sashank Kala from West High, Alexis McAdams and Adam Su from Millennium High, Harleen Kaur from Kimball High, and Jasmyn Strickland from Tracy Charter High School. The panel also recommends the following two adults to serve two-year terms, August 15, 2023, to July 31, 2025, Beatrice Amezquita- Javier, and Navi Kahlon.
FISCAL IMPACT
This program is funded in the Parks and Recreation General Fund budget.
PUBLIC OUTREACH/INTEREST
The City recruits new Commissioners on an ongoing basis to fill any vacancies created by outgoing Commissioners. Marketing efforts include City website, social media, outreach to the various high schools, emails to the various community ser vice clubs in the Tracy community, and any interest cards that have been completed with the City Clerk.
STRATEGIC PLAN
This agenda item is a routine operational item and does not relate to the Council’s Strategic Plans.
ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that the City Council adopt a Resolution appointing eight students and two adults to fill vacancies on the Youth Advisory Commission, based upon the selection panel’s recommendations.
Prepared By: Amanda Jensen, Recreation Program Coordinator Reviewed By: Jolene Jauregui, Recreation Services Manager Sara
Cowell, Finance Director
Bijal Patel, City Attorney
Brian MacDonald, Interim Assistant City Manager
Approv
ed By: Midori Lichtwardt, Interim City Manager
APPROVED AS TO FORM AND LEGALITY
________________________
CITY
ATTORNEY’S OFFICE
TRACY
CITY COUNCIL
RESOL
UTION NO. _______________
AUTHO
RIZING THE APPOINTMENT OF EIGHT YOUTH COMMISSIONERS AND TWO
ADULT COMMISSIONERS TO THE YOUTH ADVISORY COMMISSION BASED UPON THE
INTERVIEW AND SELECTION PANEL RECOMMENDATIONS
WHEREA
S, the bylaws of the City of Tracy’s Youth Advisory Commission (YAC) call for a minimum of eight to a maximum of fourteen youth Commissioners and a maximum of three adult Commissioners that may sit on the Commission, and WHEREA
S, the eligibility criteria and selection process of YAC Commissioners are established in accordance with Resolution No. 2011-120, and WHEREA
S, the City recruits new Commissioners on an ongoing basis to replace the outgoing Commissioners and existing vacancies, and has established a selection panel to recommend appointees to City Council; and
WHEREA
S, the selection panel recommends the following eight youth for two-year terms, August 15, 2023, to July 31, 2025: Sarah Syed and Sam Tatari from Tracy High, Tanya Singh and Sashank Kala from West High, Alexis McAdams and Adam Su from Millennium High, Harleen Kaur from Kimball High, and Jasmyn Strickland from Tracy Charter High School: and the following two adults to serve two-year terms, August 15, 2023 to July 31, 2025, Beatrice Amezquita-Javier and Navi Kahlon; and now therefore, be it
RESOLVED
, That the City Council of the City of Tracy hereby approves the appointment of the eight youth and two adult Commissioners to the Youth Advisory Commission recommended by the selection panel as identified above, and for all recommended terms. * * * * *
* * * * * * * * *
The foregoi
ng Resolution 2023-________ was passed and adopted by the Tracy City Council on the 15th day of August 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: CO
UNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
_______________________
NANCY
D. YOUNG
Mayor of the City of Tracy, California
ABSTENTION: COUNCIL MEMBERS:
ATTEST: ______________________
ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California
August 15, 2023
Agenda Item 1.E
RECOMMENDATION
Staff recommends that the City Council adopt separate resolutions approving a Professional Services Agreement, for an initial term of one year, with an administrative option to extend annually, for an additional two years, to provide on-call engineering support services related to the water and wastewater treatment plants, with the following consultants and not to exceed amounts:
1) Carollo Engineers, Inc. for a not to exceed amount of $300,000 annually (total not to exceed amount of $900,000)
2) Black Water Consulting Engineers, Inc. for a not to exceed amount of $300,000 annually (total not to exceed amount of $900,000)
EXECUTIVE SUMMARY
Staff requests approval of Master Professional Service Agreements (MPSA) with two consultants: Carollo Engineers, Inc., and Black Wa ter Consulting Engineers, Inc., to provide services on an as needed basis for various engineering studies and r eports, design of small facility improvements related to maintenance, operations, and capital improvement projects associated with water and wastewater treatment facilities, water wells, pump stations, sewer lift stations, and water reservoirs managed by the Utilities Division of the Operations and Utilities Department. The agreements are for engineering services only and do not include any construction work. Each consultant was selected through a competitive process required under Tracy Municipal Code .
Each MPSA would have an initial term of one (1) year, with annual administrative options to extend the MPSA for an additional year (for a total contract length of 3 years). Each MPSA would have an annual Not-To-Exceed amount of $300,000 and a total Not-To-Exceed amount of $600,000. The funding for services to provide engineering support for small urgent design projects and necessary reports and documents wil l be funded by the ongoing operations and maintenance budgets appropriated by the City Council for Water and Wastewater. Each annual extension, if any, would be contingent upon the City Council’s appropriation of sufficient funds.
Staff is recommending that City Council adopt a resolution approving Master Professional Service Agreements with the following consultants: (1) Carollo Engineers, Inc., and (2) Black Water Consulting Engineers, Inc.
BA
CKGROUND AND LEGISLATIVE HISTORY
1. Background
Due to the special
ized and technical nature of the work, professional services are used to complete small urgent projects, design, and prepare other necessary reports and documents. Significant time delays occur during the standard request for proposal (RFP) process, and selection, award of Professional Services Agreement (PSA), and processing of agreements.
Agenda Item 1.E
August 15, 2023
2. Project
The several
small to midsize projects may be associated with maintenance, operations, and capital improvements of Water and Wastewater treatment plants, and associated remote facilities. Examples of such projects include upgrading the large chlorine contact chambers for improved functionality; improving as-builts and operational manuals for accessing systems; and ultraviolet upgrades. In addition, several studies, reports, and technical memoranda are needed to provide information requested by various regulatory agencies as it pertains to National Pollution Discharge Elimination System, Title 22 Drinking Water Standards, OSHA, and EPA. The scopes of the MPSAs are to provide engineering services only for these projects, not to perform construction work.
ANALYSIS
December 22, 2022 staff followed established procedures, in accordance with Tracy Municipal Code, Section 2.20.140, and conducted a Request For Proposals (RFP) to solicit experienced and qualified consultants to provide engineering services for various utility projects. On January 18, 2023, the City received three proposals, from Jacobs Engineering Group, Inc., Carollo Engineers, Inc., and Black Water C onsulting Engineers, Inc. After carefully reviewing the proposals, all three consultants were determined to be qualified based upon their experience, education, certification, and personnel. Due to the contract changes and time restrictions, Jacobs Engineering Group, Inc. withdrew from the process and will not b e utilized for on call services.
Pursuant to the MPSA procedures, staff will identify the services needed, develop the scope of work, request a proposal from one or more consultants, reach an agreement with the consultant on the identified scope of work and associated fees, then issue a Notice to Proceed, provided the dollar amounts do not exceed the provisions of the MPSA and availability of budgeted funds.
Tasks wi ll b e assigned to these consultants depending upon future project needs, availability of qualified staff, schedule of project c
ompletion, and availability of funding. The proposed MPSAs will be vali
d for a total period of three (3) years (with an initial one -year term and options held by the City to extend annually if the consultant meets certain performance standards). Each cons
ultant’s MPSA will not ex ceed $300,000 annually (with a total three year Not-To-Exceed amount of $600,000).
FISCAL IMPACT
Funding is available in the current and annual ongoing operations and maintenance budgets in both the
Water Fund (511 and Wastewater Fund (521) for these on-call services in a not-to- exceed combined annual amount of $600,000 ($300,000 for each contract) annually over three (3) years, subject to City Council budget appropriations each year.
CEQA DETERMINATION
The proposed on-call agreements are for design and engineering work only and approval of these on-call agreements will not result in a physical change in the environment. Therefore, this action is not considered a project as defined by Section 21065 of the Public Resources Code. Each individual project will undergo separate evaluation, prior to relevant discretionary actions by the City, to comply adequately with California Environmental Quality Act.
Agenda Item 1.E
August 15, 2023
STRATEGIC PLAN
This agenda item is consistent with the City’s Quality of Life Strategy and meets the goals to ensure physical infrastructure and systems necessary for the health and s afety of the Tracy community through improved water quality.
ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that the City Council of the City of Tracy adopt separate resolutions approving a Professional Services Agreement, for an initial term of one year, with an administrative option to extend annually, for an additional two years, to provide on-call engineering support services related to the water and wastewater treatment plants, with the following consultants and not to exceed amounts:
1) Carollo Engineers, Inc. for a not to exceed amount of $300,000 annually (total not to exceed amount of $900,000);
2) Black Water Consulting Engineers, Inc. for a not to exceed amount of $300,000 annually (total not to exceed amount of $900,000)
Prepared
by: Ilene Macintire, Senior Civil Engineer
Revie
wed by: Stephanie Reyna-Hiestand, Assistant Director of Utilities James Jackson, Director of Operations & Utilities
Sara Cowell, Director of Finance
Karin Schnaider, Assistant City Manager
Approved by: Midori Lichtwardt, Interim City Manager
Attachments: A – MPSA Black Water Consulting Engineers, Inc.
B –
MPSA Carollo Engineers, Inc.
City of Tracy – Master Professional Services Agreement with Black Water Consulting Engineers, Inc.
CITY OF TRACY
MASTER PROFESSIONAL SERVICES AGREEMENT WITH
Black Water Consulting Engineers, Inc. for On Call Engineering Services related to the Water Treatment Plant and Wastewater Treatment Plant
This Mast
er Professional Services Agreement (Agreement) is entered into between the City of Tracy, a municipal corporation (City), and Black Water Consulting Engineers, Inc., a California Corporation (Consultant). City and Consultant are referred to individually as “Party” and collectively as “Parties.”
Recitals
A. City desires
to retain Consultant to perform engineering services; and B. On December
22, 2022, the City issued a Request for Proposals (RFP) for the On Call Engineering Support Services related to Water and Wastewater Treatment Plant . On January 18, 2023, Consultant submitted its proposal for the Project to the City. City has determined that Consultant possesses the skills, experi ence and certification required to provide the services.
C. City desires to retai n Consultant to carry out the Project and to provide the Services (as defined below). A
fter negotiations between the City and Consultant, the Parties have reached an agreement for the performance of services in accordance with the terms set forth in t his Agreement. Consultant will perform such agreed upon services, only upon the City’s issuance of a Notice to Proceed for each task order under the Agreement.
D. This Agreement is being executed pursuant to the authority granted in Resolution No.2023- _______ approved by Tracy City Council on August 15, 2023.
Now theref
ore, the Parties mutually agree as follows:
1. Scope of Work. Upon request from the City of its Operations and Utilities Director through a written Notice to Proceed, Consultant shall provide engineering support services, which includes performing the services generally described in Exhibit "A" attached and incorporated by reference (Services). Consultant shall not perform any Services until the City issues a Notice to Proceed for such services. The Services shall be performed by, or under the direct supervision of, Consultant’s Authorized Representative: Aja Verburg. Consultant shall not replace its Authorized Representative, nor shall Consultant replace any of the personnel listed in Exhibit “A,” nor shall Consultant use or replace any subcontractor or subconsultant, without City’s prior written consent. The City may ter
minate this Agreement if Consultant makes any such change or replacement in personnel or subcontractor/subconsultant without such prior written consent.
1.1 Non-Exclusive Agreement. The City reserves the right to contract with other consultants providing the same or similar scope of services described above during the term of this Agreement. The City further reserves the right to assign work, at its sole discretion, to consultants other than Consultant based on City’s budget, experience, and skills of consultants based on the City’s specific needs.
2. Time of Performance. Time is of the essence in the performance of services under this Agreement and the timing requirements set forth shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. Consultant shall begin performance and shall complete all required services no later than the dates set forth in each individual Notice to Proceed. Any services for which times for performance are not specified in each individual Notice to Proceed shall be started and completed by Consultant in a reasonably prompt and timely manner based upon the circumstances Attachment A
City of Tracy – Master Professional Services Agreement with Black Water Consulting Engineers, Inc.
and direction communicated by the City to the Consultant. Consultant shall submit all requests for time extensions to the City in writing no later than ten days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due. City shall grant or deny such requests at its sole discretion.
2.1 Term. The initial term of this Agreement shall begin on August 17, 2023 and end one (1) year later, unless terminated for any reason, including a lack of appropriated funds to compensate services provided under this Agreement, in accordance with Section 6. Any such termination of this Agreement due to failure of the City of Tracy Council to appropriate funds for payment for services under this Agreement shall not be a breach of the Agreement.
2.1.1 Opt
ion to Extend. This Agreement may be extended in the City sole and absolute discretion, on an annual basis, for an additional 2 years by the City Manager following a written determination that Consultant has satisfactorily met all the requirements of this Agreement and subject to adequate budgetary authority from the City, as shall be determined by the Finance Director.
3. Compensati
on. City shall pay Consultant on a time and expense basis, at the billing rates set forth in Exhibit “B,” attached and incorporated by reference for services performed under this Agreement.
3.1 Not to Exceed Amount. Consultant’s total compensation under this Agreement for the Services shall not exceed $300,000 annually (with a total not-to-exceed amount of $900,000). It is understood and agreed that Consultant may not receive compensation up to this amount, and Consultant’s total compensation under this Agreement will depend on the scope of Services approved by the City through Notices to Proceed. Consultant’s billing rates shall cover all costs and expenses for Consultant’s performance of this Agreement. No work shall be performed by Consultant in excess of the total compensation amount provided in this section without the City’s prior written approval.
3.2 Invoices. Consultant shall submit monthly invoice(s) to the City that describe the services performed, including times, dates, and names of persons performing the services.
3.2.1 If Consultant is providing services in response to a development application, separate invoice(s) must be issued for each application and each invoice shall contain the City’s designated development application number.
3.2.2 Consultant’s failure to submit invoice(s) in accordance with these requirements may result in the City rejecting said invoice(s) and thereby delaying payment to Consultant.
3.3 Payment. Within 30 days after the City’s receipt of invoice(s), City shall make payment to the Consultant based upon the services described on the invoice(s) and approved by the City.
3.4 The accept
ance by Consultant of the final payment made under this Agreement shall constitute a release of City from all claims and liabilities for compensation to Consultant for anything completed, finished or relating to Consultant’s services. Consultant agrees that payment by City shall not constitute nor be deemed a release of the responsibility and liability of Consultant or its employees, subcontractors, agents and subconsultants for the accuracy and competency of the information provided and/or services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect or error in the services performed by Consultant, its employees, subcontractors, agents and subconsultants.
3.5 Consultant agrees to maintain books, accounts, payroll records and other information relating to the performance of Consultant’s obligations under the Agreement, which shall adequately and correctly reflect the expenses incurred by the Consultant in the performance of Consultant’s work under the Agreement. Such books and records shall be open to inspection and audit by the City during regular business hours for three years after expiration or termination of this Agreement.
4. Indemni
fication. Consultant shall, to the fullest extent permitted by law, indemnify, defend (with independent counsel approved by the City), and hold harmless the City from and against any City of Tracy – Master Professional Services Agreement with Black Water Consulting Engineers, Inc.
claims arising out of Consultant’s performance or failure to comply with obligations under this Agreement, except to the extent caused by the sole, active negligence, or willful misconduct of the City.
In this
section, “City” means the City, its officials, officers, agents, employees, and volunteers; “Consultant” means the Consultant, its employees, agents and subcontractors; “Claims” includes claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all related costs and expenses) and any allegations of these; and “Arising out of” includes “pertaining to” and “relating to”.
(The duty
of a "design professional" to indemnify and defend the City is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional, under Civ. Code § 2782.8.)
The provisi
ons of this section survive completion of the services or the termination of this Agreement and are not limited by the provisions of Section 5 relating to insurance.
5. Insurance. C
onsultant shall, throughout the duration of this Agreement, maintain insurance to cover Consultant, its agents, representatives, and employees in connection with the performance of services under this Agreement at the minimum levels set forth herein.
5.1 Commercial General Liability (with coverage at least as broad as ISO form CG 00 01 01 96) “per occurrence” coverage shall be maintained in an amount not less than $4,000,000 general aggregate and $2,000,000 per occurrence for general liability, bodily injury, personal injury, and property damage.
5.2 Automobile Liability (with coverage at least as broad as ISO form CA 00 01 07 97, for “any auto”) “claims made” coverage shall be maintained in an amount not less than $1,000,000 per accident for bodily injury and property damage.
5.3 Workers’ Compensation coverage shall be maintained as required by the State of California.
5.4 Professional Liability “claims made” coverage shall be maintained to cover damages that may be the result of errors, omissions, or negligent acts of Consultant in an amount not less than $1,000,000 per claim.
5.5 Endorsements. Consultant shall obtain endorsements to the automobile and commercial general liability insurance policies with the following provisions:
5.5.1 The City (including its elected officials, officers, employees, agents, and volunteers) shall be named as an additional “insured.”
5.5.2 For any claims related to this Agreement, Consultant’s coverage shall be primary insurance with respect to the City. Any insurance maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it.
5.6 Notice of Cancellation. Consultant shall notify the City if the policy is canceled before the expiration date. For the purpose of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation. Consultant shall immediately obtain a replacement policy.
5.7 Authorized Insurers. All insurance companies providing coverage to Consultant shall be insurance organizations authorized by the Insurance Commissioner of the State of California to transact the business of insurance in the State of California.
5.8 Insurance Certificate. Consultant shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance and endorsements, in a form satisfactory to the City, before the City signs this Agreement.
5.9 Substitute Certificates. Consultant shall provide a substitute certificate of insurance no later than 30 days prior to the policy expiration date of any insurance policy required by this Agreement. 46 City of Tracy – Master Professional Services Agreement with Black Water Consulting Engineers, Inc.
5.10 Consultant’s Obligation. Maintenance of insurance by the Consultant as specified in this Agreement shall in no way be interpreted as relieving the Consultant of any responsibility whatsoever (including indemnity obligations under this Agreement), and the Consultant may carry, at its own expense, such additional insurance as it deems necessary. Failure to provide or maintain any insurance policies or endorsements required herein may result in the City terminating this Agreement.
6. Termi
nation. The City may terminate this Agreement in its sole an absolute discretion by giving ten days’ written notice to Consultant. Within five (5) days of such a termination, Consultant shall give the City all original documents relating to the Services in Consultant’s possession or control, including, without limitation, contract documents, preliminary drafts, supporting documents, and any other documents prepared by Consultant pursuant to this Agreement. The City shall pay Consultant for all services satisfactorily performed in accordance with this Agreement, up to the date notice is given.
7. Dispute
Resolution. If any dispute arises between the City and Consultant that cannot be settled after engaging in good faith negotiations, City and Consultant agree to resolve the dispute in accordance with the following:
7.1 Each Party shall designate a senior management or executive level representative to negotiate the dispute;
7.2 The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.
7.3 If the issue remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiations between legal counsel. If the aforementioned process fails, the Parties shall resolve any remaining disputes through mediation to expedite the resolution of the dispute.
7.4 The mediation process shall provide for the selection within fifteen (15) days by both Parties of a disinterested third person to serve as the mediator, shall be commenced within thirty (30) days of selection of a mediator and shall be concluded within fifteen (15) days from the commencement of the mediation.
7.5 The Parties shall equally bear the costs of any third party in any alternative dispute resolution process.
7.6 The dispute resolution process is a material condition to this Agreement and must be exhausted prior to either Party initiating legal action. This dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code §§ 900 et seq.
8. Owner
ship of Work. All original documents prepared by Consultant for this Agreement, whether complete or in progress, are the property of the City, and shall be given to the City at the completion of Consultant’s Services under this Agreement, or upon demand from the City. No such documents shall be revealed or made available by Consultant to any third party without the City’s prior written consent.
9. Independent Cont
ractor Status. Consultant is an independent contractor and is solely responsible for the acts of its employees or agents, including any negligent acts or omissions.
Consultant is not City’s employee and Consultant shall have no authority, express or implied, to act on behalf of the City as an agent, or to bind the City to any obligation, unless the City provides prior written authorization. Consultant is free to work for other entities while under contract with the City.
Consultant, and its agents or employees, are not entitled to City benefits. Consultant shall be solely responsible for, and shall save the City harmless from, all matters relating to the payment of Consultant’s employees, agents, subcontractors and subconsultants, including compliance with social security requirements, federal and State income tax withholding and all other regulations governing employer-employee relations.
City of Tracy – Master Professional Services Agreement with Black Water Consulting Engineers, Inc.
9.1 Non-Excl usive Professional Services Agreement. The City reserves the right to contract with other firms and/or consultants during the term of this Agreement to provide the City the same or similar services described in Exhibit A. Nothing contained in this Agreement guarantees Consultant a certain amount of work, and the City may, in its sole and absolute discretion, allocate and/or delegate work relating to the Project to other consultants.
10. Confl
icts of Interest. Consultant (including its employees, agents, and subconsultants) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement.
If Consultant maintains or acquires such a conflicting interest, the City may terminate any contract (including this Agreement) involving Consultant’s conflicting interest.
11. Rebates,
Kickbacks, or Other Unlawful Consideration. Consultant warrants that this Agreement was not obtained or secured through rebates, kickbacks, or other unlawful consideration either promised or paid to any City official or employee. For any breach of this warranty, City shall have the right, in its sole discretion, to terminate this Agreement without liability; to pay only for the value of the work actually performed; or to deduct from the contract price the value of the rebate, kickback, or other unlawful consideration; or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.
12. Notices
. All notices, demands, or other communications which this Agreement contemplates or authorizes shall be in writing and shall be personally delivered or mailed to the other party to the addresses listed below. Communications shall be deemed to have been given and received on the first to occur of: (1) actual receipt at the address designated below, or (2) three working days after the deposit in the United States Mail of registered or certified mail, sent to the address designated below.
To City:
To Consultant:
Operat
ions and Utilities Director Black Water Consulting Engineers, Inc. 520 S. Tracy Blvd. Aja Verburg
Tracy, CA 95376 602 Lyell Drive
Modesto, CA 95356
With a copy to:
City Attorney
333 Civic Center Plaza
Tracy, CA 95376
13. Miscel
laneous.
13.1 St andard of Care. Unless otherwise specified in this Agreement, the standard of care applicable to Consultant’s services will be the degree of skill and diligence ordinarily used by reputable professionals performing in the same or similar time and locality, and under the same or similar circumstances.
13.2 Amendments. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both Parties.
13.3 Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. No waiver shall be effective unless it is in writing and signed by the waiving party.
13.4 Assignment and Delegation. Consultant may not assign, transfer or delegate this Agreement or any portion of it without the City’s prior written consent. Any attempt to do so will be void.
City’s consent to one assignment, transfer or delegation shall not be deemed to be a consent to any subsequent assignment, transfer or delegation.
City of Tracy – Master Professional Services Agreement with Black Water Consulting Engineers, Inc.
13.5 Jurisdiction and Venue. The interpretation, validity, and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of San Joaquin.
13.6 Compliance with the Law. Consultant shall comply with all applicable local, state, and federal laws, whether or not those laws are expressly stated in this Agreement.
13.6.1 Prevailing Wage Laws. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates; employment of apprentices (§ 1777.5), certified payroll records (§1776), hours of labor (§1813 and §1815), debarment of contractors and subcontractors (§1777.1) and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed under this Agreement are part of a “public works” or “maintenance” project, as defined in the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. These prevailing rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees and agents, harmless from any and all claims, costs, penalties, or interests arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
13.6.2 Non-discrimination. Consultant represents and warrants that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age.
Consultant shall also comply with all applicable anti-discrimination federal and state laws, including but not limited to, the California Fair Employment and Housing Act (Gov. Code 12990 (a-f) et seq.).
13.7 Business Entity Status. Consultant is responsible for filing all required documents and/or forms with the California Secretary of State and meeting all requirements of the Franchise Tax Board, to the extent such requirements apply to Consultant. By entering into this Agreement, Consultant represents that it is not a suspended entity and will, at all times during the term of this Agreement, remain in good standing in the state of California. If Consultant is a suspended corporation at the time it enters this Agreement, City may take steps to have this Agreement declared voidable.
13.8 Business License. Before the City signs this Agreement, Consultant shall obtain a City of Tracy Business License. Consultant shall maintain an active City of Tracy Business License during the term of this Agreement.
13.9 Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns.
13.10 Construction of Agreement. Each Party hereto has had an equivalent opportunity to participate in the drafting of this Agreement and/or to consult with legal counsel. Therefore, the usual construction of an agreement against the drafting Party shall not apply hereto.
13.11 Severability. If a term of this Agreement is held invalid by a court of competent jurisdiction, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in effect.
13.12 Controlling Provisions. In the case of any conflict between the terms of this Agreement and the Exhibits hereto, and Consultant’s proposal (if any), the Agreement shall control. In the case of any conflict between the Exhibits hereto and the Consultant’s proposal (if any), the Exhibits shall control.
13.13 Entire Agreement. This Agreement and the attached Exhibits comprise the entire integrated understanding between the Parties concerning the services to be performed. This Agreem
ent supersedes all prior negotiations, representations or agreements. All exhibits attached hereto are incorporated by reference herein.
13.14 Counterparts. City and Consultant agree that this Agreement may be executed in two or more
counterparts, each of which shall be deemed an original.
City of Tracy – Master Professional Services Agreement with Black Water Consulting Engineers, Inc.
13.15 Expenses for Enforcement. Consultant and City agree that the prevailing party’s reasonabl
e costs, attorneys’ fees and expenses, including investigation fees and expert witness fees, shall be paid by the non-prevailing party in any dispute involving the t erms and conditions of this Agreem
ent.
14. Signatures. The individuals executing this Agreement on behalf of Consultant represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this Agreem
ent on behalf of Consultant.
[SIG
NATURES ON FOLLOWING PAGE]
City of Tracy – Master Professional Services Agreement with Black Water Consulting Engineers, Inc.
EXHIBIT A - Scope of Work
The City’s primary objective for this Agreement is to obtain professional support for assisting the Utilities Division for engineering support services that includes but is not limited to performing design and preparing improvement plans, specifications, estimates for preparation of bid documents and providing support during construction for various improvement projects.
These projects will relate to maintenance of existing equipment, reviewing existing operational elements, and studying alternatives for improvements to operations as needed at the Wastewater Treatment Plant and/or John Jones Water Treatment Plant.
The on-call needs may include conducting studies and preparing reports for various elements as necessary to satisfy the regulatory framework including reaching out to regional boards, permitting, and other documentation.
City staff will work with the Consultant to develop the detailed scope specific to the project or task needs. This proposed cost and scope will be negotiated before it is finalized. After the agreement of scope and cost between the Consultant and the City, the notice to proceed will be issued to the Consultant.
Key Personnel:
• Aja Verburg, P.E.
• Alison K. Furuya, P.E.
• Jeff M. Black, P.E.
• Edgar Torres, P.E.
• Bao Cha, E.I.T.
• Patrick J. Scott, E.I.T.
• Ulises Yepez
• Miguel Gonzalez
City of Tracy – Master Professional Services Agreement with Black Water Consulting Engineers, Inc.
EXHIBIT B – Compensation
Compensation under this agreement shall not exceed $300,000 per year. Rates below will remain the same during the full term of the contract.
Type text here
46-1504431
City of Tracy – Master Professional Services Agreement with Carollo Engineers, Inc.
Pag e 1 of 9 Rev. July 2020
CITY OF TRACY
MAST
ER PROFESSIONAL SERVICES AGREEMENT WITH
Carollo Engineers, Inc. for On Call Engineering Services related to the Water and Wastewater Treatment Plants
This Master Professional Services Agreement (Agreement) is entered into between the City of Tracy, a municipal corporation (City), and Carollo Engineers, Inc., a Delaware Corporation (Consultant). City and Consultant are referred to individually as “Party” and collectively as “Parties.” Recitals
A. City desires to retain Consultant to perform on call engineering services for the Water and Wastewater Treatment Plants; and
B. On December 22, 2022, the City issued a Request for Proposals (RFP) for the On Call Engineering Support Services related to Water and Wastewater Treatment Plants. On January 18, 2023, Consultant submitted its proposal for the Project to the City. City has determined that Consultant possesses the skills, experience and certification required to provide the services.
C. City desires to retain Consultant to carry out the Project and to provide the Services (as defined below). After negotiations between the City and Consultant, the Parties have reached an agreement for the performance of services in accordance with the terms set forth in this Agreement. Consultant will perform such agreed upon services, only upon the City’s issuance of a Notice to Proceed for each task order under the Agreement.
D. This Agreement is being executed pursuant to Resolution No. 2023-______ approved by Tracy City Council on August 15, 2023.
Now therefore, the Parties mutually agree as follows:
1. Scope of Work. Upon request from the City of its Operations and Utilities Director through a written Notice to Proceed, Consultant shall provide engineering support services, which includes performing the services generally described in Exhibit "A" attached, and incorporated by reference (Services). Consultant shall not perform any Services until the City issues a Notice to Proceed for such services. The Services shall be performed by, or under the direct supervision of, Consultant’s Authorized Representative: Tom Gillogly. Consultant shall not replace its Authorized Representative, nor shall Consultant replace any of the personnel listed in Exhibit “A,” nor shall Consultant use or replace any subcontractor or subconsultant, without City’s prior written consent. The City may terminate this Agreement if Consultant makes any such change or replacement in personnel or subcontractor/subconsultant without such prior written consent.
1.1 Non-Exclusive Agreement. The City reserves the right to contract with other consultants providing the same or similar scope of services described above during the term of this Agreement. The City further reserves the right to assign work, at its sole discretion, to consultants other than Consultant based on City’s budget, experience, and skills of consultants based on the City’s specific needs.
2. Time of Performance. Time is of the essence in the performance of services under this Agreement and the timing requirements set forth shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. Consultant shall begin performance and shall complete all required services no later than the dates set forth in each individual Notice to Proceed. Any services for which times for performance are not specified in each individual Notice to Proceed shall be started and completed by Consultant in a reasonably prompt and timely manner based upon the circumstances Attachment B
City of Tracy – Master Professional Services Agreement with Carollo Engineers, Inc.
Pa ge 2 of 9 Rev. July 2020
and direction communicated by the City to the Consultant. Consultant shall submit all requests for time ex
tensions to the City in writing no later than ten days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due. City shall grant or deny such requests at its sole discretion.
2.1 Term. The initial term of this Agreement shall begin on August 17, 2023 and end one (1) year later, unless terminated for any reason, including a lack of appropriated funds to compensate services provided under this Agreement, in accordance with Section 6. Any such termination of this Agreement due to failure of the City of Tracy Council to appropriate funds for payment for services under this Agreement shall not be a breach of the Agreement.
2.1.1 Option to Extend. This Agreement may be extended in the City sole and absolute discretion, on an annual basis, for an additional 2 years by the City Manager following a written determination that Consultant has satisfactorily met all the requirements of this Agreement and subject to adequate budgetary authority from the City, as shall be determined by the Finance Director.
3. Compensation. City shall pay Consultant on a time and expense basis, at the billing rates set forth in Exhibit “B,” attached and incorporated by reference for services performed under this Agreement.
3.1 Not to Exceed Amount. Consultant’s total compensation under this Agreement for the Services shall not exceed $300,000 annually (with a total not-to-exceed amount of $900,000). It is understood and agreed that Consultant may not receive compensation up to this amount, and Consultant’s total compensation under this Agreement will depend on the scope of Services approved by the City through Notices to Proceed. Consultant’s billing rates shall cover all costs and expenses for Consultant’s performance of this Agreement. No work shall be performed by Consultant in excess of the total compensation amount provided in this section without the City’s prior written approval.
Consultant shall be entitled to update their billing rates in Exhibit B as it relates to extensions of the Agreement beyond the initial term delineated in Section 2.1 hereunder.
3.2 Invoices. Consultant shall submit monthly invoice(s) to the City that describe the services performed, including times, dates, and names of persons performing the services.
3.2.1 If Consultant is providing services in response to a development application, separate invoice(s) must be issued for each application and each invoice shall contain the City’s designated development application number.
3.2.2 Consultant’s failure to submit invoice(s) in accordance with these requirements may result in the City rejecting said invoice(s) and thereby delaying payment to Consultant.
3.3 Payment. Within 30 days after the City’s receipt of invoice(s), City shall make payment to the Consultant based upon the services described on the invoice(s) and approved by the City.
3.4 The acceptance by Consultant of the final payment made under this Agreement shall constitute a release of City from all claims and liabilities for compensation to Consultant for anything completed, finished or relating to Consultant’s services. Consultant agrees that payment by City shall not constitute nor be deemed a release of the responsibility and liability of Consultant or its employees, subcontractors, agents and subconsultants for the accuracy and competency of the information provided and/or services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect or error in the services performed by Consultant, its employees, subcontractors, agents and subconsultants.
3.5 Consultant agrees to maintain books, accounts, payroll records and other information relating to the performance of Consultant’s obligations under the Agreement, which shall adequately and correctly reflect the expenses incurred by the Consultant in the performance of Consultant’s work under the Agreement. Such books and records shall be open to inspection and audit by the City during regular business hours for three years after expiration or termination of this Agreement.
4. Indemnification. Consultant shall, to the fullest extent permitted by law, indemnify, defend (with independent counsel approved by the City), and hold harmless the City from and against any City of Tracy – Master Professional Services Agreement with Carollo Engineers, Inc.
Pa ge 3 of 9 Rev. July 2020
claims arising out of Consultant’s performance or failure to comply with obligations under this Ag
reement, except to the extent caused by the sole, active negligence, or willful misconduct of the City.
In this section, “City” means the City, its officials, officers, agents, employees, and volunteers; “Consultant” means the Consultant, its employees, agents and subcontractors; “Claims” includes claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all related costs and expenses) and any allegations of these; and “Arising out of” includes “pertaining to” and “relating to”.
(The duty of a "design professional" to indemnify and defend the City is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional, under Civ. Code § 2782.8.). In no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault.
Consultant shall not be responsible for warranties, guarantees, fitness for a particular purpose, breach of fiduciary duty, loss of anticipated profits or for economic, incidental or consequential damages to the City or any third party arising out of breach of contract, termination, or for any other reason whatsoever.
Additionally, Consultant shall not be responsible for acts and decisions of third parties, including governmental agencies, other than Consultant’s subconsultants, that impact project completion and/or success.
The provisions of this section survive completion of the services or the termination of this Agreement and are not limited by the provisions of Section 5 relating to insurance.
5. Insurance. Consultant shall, throughout the duration of this Agreement, maintain insurance to cover Consultant, its agents, representatives, and employees in connection with the performance of services under this Agreement at the minimum levels set forth herein.
5.1 Commercial General Liability (with coverage at least as broad as ISO form CG 00 01 01 96) “per occurrence” coverage shall be maintained in an amount not less than $4,000,000 general aggregate and $2,000,000 per occurrence for general liability, bodily injury, personal injury, and property damage.
5.2 Automobile Liability (with coverage at least as broad as ISO form CA 00 01 07 97, for “any auto”) “claims made” coverage shall be maintained in an amount not less than $1,000,000 per accident for bodily injury and property damage.
5.3 Workers’ Compensation coverage shall be maintained as required by the State of California.
5.4 Professional Liability “claims made” coverage shall be maintained to cover damages that may be the result of errors, omissions, or negligent acts of Consultant in an amount not less than $1,000,000 per claim.
5.5 Endorsements. Consultant shall obtain endorsements to the automobile and commercial general liability insurance policies with the following provisions:
5.5.1 The City (including its elected officials, officers, employees, agents, and volunteers) shall be named as an additional “insured.”
5.5.2 For any claims related to this Agreement, Consultant’s coverage shall be primary insurance with respect to the City. Any insurance maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it.
5.6 Notice of Cancellation. Consultant shall notify the City if the policy is canceled before the expiration date. For the purpose of this notice requirement, any reduction in coverage in the policy prior to the expiration shall be considered a cancellation. Consultant shall immediately obtain a replacement policy.
City of Tracy – Master Professional Services Agreement with Carollo Engineers, Inc.
Pa ge 4 of 9 Rev. July 2020
5.7 Authorized Insurers. All insurance companies providing coverage to Consultant shall be insurance organizations authorized by the Insurance Commissioner of the State of California to transact the business of insurance in the State of California.
5.8 Insurance Certificate. Consultant shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance and endorsements, in a form satisfactory to the City, before the City signs this Agreement.
5.9 Substitute Certificates. Consultant shall provide a substitute certificate of insurance no later than 30 days prior to the policy expiration date of any insurance policy required by this Agreement.
5.10 Consultant’s Obligation. Maintenance of insurance by the Consultant as specified in this Agreement shall in no way be interpreted as relieving the Consultant of any responsibility whatsoever (including indemnity obligations under this Agreement), and the Consultant may carry, at its own expense, such additional insurance as it deems necessary. Failure to provide or maintain any insurance policies or endorsements required herein may result in the City terminating this Agreement.
6. Termination. The City may terminate this Agreement in its sole an absolute discretion by giving ten days’ written notice to Consultant. Within five (5) days of such a termination, Consultant shall give the City all original documents relating to the Services in Consultant’s possession or control, including, without limitation, contract documents, preliminary drafts, supporting documents, and any other documents prepared by Consultant pursuant to this Agreement. The City shall pay Consultant for all services satisfactorily performed in accordance with this Agreement, up to the date notice is given.
7. Dispute Resolution. If any dispute arises between the City and Consultant that cannot be settled after engaging in good faith negotiations, City and Consultant agree to resolve the dispute in accordance with the following:
7.1 Each Party shall designate a senior management or executive level representative to negotiate the dispute;
7.2 The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.
7.3 If the issue remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiations between legal counsel. If the aforementioned process fails, the Parties shall resolve any remaining disputes through mediation to expedite the resolution of the dispute.
7.4 The mediation process shall provide for the selection within fifteen (15) days by both Parties of a disinterested third person to serve as the mediator, shall be commenced within thirty (30) days of selection of a mediator and shall be concluded within fifteen (15) days from the commencement of the mediation.
7.5 The Parties shall equally bear the costs of any third party in any alternative dispute resolution process.
7.6 The dispute resolution process is a material condition to this Agreement and must be exhausted prior to either Party initiating legal action. This dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code §§ 900 et seq.
8. Ownership of Work. All original documents prepared by Consultant for this Agreement, whether complete or in progress, are the property of the City, and shall be given to the City at the completion of Consultant’s services, or upon demand from the City. No such documents shall be revealed or made available by Consultant to any third party without the City’s prior written consent.
9. Independent Contractor Status. Consultant is an independent contractor and is solely responsible for the acts of its employees or agents, including any negligent acts or omissions.
Consultant is not City’s employee and Consultant shall have no authority, express or implied, to act on City of Tracy – Master Professional Services Agreement with Carollo Engineers, Inc.
Pa ge 5 of 9 Rev. July 2020
behalf of the City as an agent, or to bind the City to any obligation, unless the City provides prior written au
thorization. Consultant is free to work for other entities while under contract with the City.
Consultant, and its agents or employees, are not entitled to City benefits. Consultant shall be solely responsible for, and shall save the City harmless from, all matters relating to the payment of Consultant’s employees, agents, subcontractors and subconsultants, including compliance with social security requirements, federal and State income tax withholding and all other regulations governing employer-employee relations.
9.1 Non-Exclusive Professional Services Agreement. The City reserves the right to contract with other firms and/or consultants during the term of this Agreement to provide the City the same or similar services described in Exhibit A. Nothing contained in this Agreement guarantees Consultant a certain amount of work, and the City may, in its sole and absolute discretion, allocate and/or delegate work relating to the Project to other consultants.
10. Conflicts of Interest. Consultant (including its employees, agents, and subconsultants) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement.
If Consultant maintains or acquires such a conflicting interest, the City may terminate any contract (including this Agreement) involving Consultant’s conflicting interest.
11. Rebates, Kickbacks, or Other Unlawful Consideration. Consultant warrants that this Agreement was not obtained or secured through rebates, kickbacks, or other unlawful consideration either promised or paid to any City official or employee. For any breach of this warranty, City shall have the right, in its sole discretion, to terminate this Agreement without liability; to pay only for the value of the work actually performed; or to deduct from the contract price the value of the rebate, kickback, or other unlawful consideration; or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.
12. Notices. All notices, demands, or other communications which this Agreement contemplates or authorizes shall be in writing and shall be personally delivered or mailed to the other party to the addresses listed below. Communications shall be deemed to have been given and received on the first to occur of: (1) actual receipt at the address designated below, or (2) three working days after the deposit in the United States Mail of registered or certified mail, sent to the address designated below.
To City: To Consultant:
Ope
rations and Utilities Director Carollo Engineers, Inc.
520 S. Tracy Blvd. Tom Gillogly
Tracy, CA 95376 2795 Mitchell Rd.
Walnut Creek, CA 94598
With a copy to:
City Attorney
333 Civic Center Plaza
Tracy, CA 95376
13. Miscellaneous.
13.1 Standard of Care. U nless otherwise specified in this Agreement, the standard of care applicable to Consultant’s services will be the degree of skill and diligence ordinarily used by reputable professionals performing in the same or similar time and locality, and under the same or similar circumstances.
13.2 Amendments. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both Parties.
City of Tracy – Master Professional Services Agreement with Carollo Engineers, Inc.
Pa ge 6 of 9 Rev. July 2020
13.3 Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. No waiver shall be effective unless it is in writing and signed by the waiving party.
13.4 Assignment and Delegation. Consultant may not assign, transfer or delegate this Agreement or any portion of it without the City’s prior written consent. Any attempt to do so will be void.
City’s consent to one assignment, transfer or delegation shall not be deemed to be a consent to any subsequent assignment, transfer or delegation.
13.5 Jurisdiction and Venue. The interpretation, validity, and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of San Joaquin.
13.6 Compliance with the Law. Consultant shall comply with all applicable local, state, and federal laws, whether or not those laws are expressly stated in this Agreement.
13.6.1 Prevailing Wage Laws. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates; employment of apprentices (§ 1777.5), certified payroll records (§1776), hours of labor (§1813 and §1815), debarment of contractors and subcontractors (§1777.1) and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed under this Agreement are part of a “public works” or “maintenance” project, as defined in the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. These prevailing rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Consultant shall defend, indemnify and hold the Cit y, its officials, officers,
employees and agents, harmless from any and all claims, costs, penalties, or interests arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
13.6.2 Non-discrimination. Consultant represents and warrants that it is an equal opportunity employer, and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age.
Consultant shall also comply with all applicable anti-discrimination federal and state laws, including but not limited to, the California Fair Employment and Housing Act (Gov. Code 12990 (a-f) et seq.).
13.7 Business Entity Status. Consultant is responsible for filing all required documents and/or forms with the California Secretary of State and meeting all requirements of the Franchise Tax Board, to the extent such requirements apply to Consultant. By entering into this Agreement, Consultant represents that it is not a suspended entity and will, at all times during the term of this Agreement, remain in good standing in the state of California. If Consultant is a suspended corporation at the time it enters this Agreement, City may take steps to have this Agreement declared voidable.
13.8 Business License. Before the City signs this Agreement, Consultant shall obtain a City of Tracy Business License. Consultant shall maintain an active City of Tracy Business License during the term of this Agreement.
13.9 Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns.
13.10 Construction of Agreement . Each Party hereto has had an equivalent opportunity to participate in the drafting of this Agreement and/or to consult with legal counsel. Therefore, the usual construction of an agreement against the drafting Party shall not apply hereto.
13.11 Severability. If a term of this Agreement is held invalid by a court of competent jurisdiction, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in effect.
13.12 Controlling Provisions. In the case of any conflict between the terms of this Agreement and the Exhibits hereto, and Consultant’s proposal (if any), the Agreement shall control. In the case of any conflict between the Exhibits hereto and the Consultant’s proposal (if any), the Exhibits shall control.
City of Tracy – Master Professional Services Agreement with Carollo Engineers, Inc.
13.13 Entire Agreement. This Agreement and the attached Exhibits comprise the entire integrated understanding between the Parties concerning the services to be performed. This Agreement supersedes all prior negotiations, representations, or agreements. All exhibits attached hereto are incorporated by reference herein.
13.14 Counterparts. City and Consultant agree that this Agreement may be executed in two or more counterparts, each of which shall be deemed an original.
13.15 Expenses for Enforcement. Consultant and City agree that the prevailing party’s reasonable costs, attorneys’ fees and expenses, including investigation fees and expert witness fees, shall be paid by the non-prevailing party in any dispute involving the terms and conditions of this Agreement.
13.16 City-Provided Information and Services. The City shall furnish Consultant available studies, reports and other data pertinent to Consultant's services; obtain or authorize Consultant to obtain or provide additional reports and data as required; furnish to Consultant services of others required for the performance of Consultant's services hereunder, and Consultant shall be entitled to use and rely upon all such information and services provided by the City or others in performing Consultant's services under this Agreement.
13.17 Third Parties. The services to be performed by Consultant are intended solely for the benefit of the City. No person or entity not a signatory to this Agreement shall be entitled to rely on Consultant's performance of its services hereunder, and no right to assert a claim against Consultant by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of Consultant's services hereunder
14. Signatures. The individuals executing this Agreement on behalf of Consultant represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of Consultant.
[SIGNATURES ON FOLLOWING PAGE]
City of Tracy – Master Professional Services Agreement with Carollo Engineers, Inc.
T
he Parties agree to the full performance of the terms set forth here.
City of Tracy
_____________________________
By: Nancy D. Young
Title: Mayor
Date: _______________________
Attest:
____________________________
Adrianne Richardson, City Clerk
Approved as to form:
_________________________________
Bijal M. Patel, City Attorney
Consultant
Carollo Engineers, Inc., a Delaware
Corporation
________________________________
By: Peter von Bucher, P.E.
Title: Vice President
Date: _______________________
Federal Employer Tax ID No. 86-0899222
________________________________
By: Thomas Gillogly
Title: Senior Vice President
Date: _______________________
Exhibits:
A Scope of Work, including personnel and time of performance (See Agreement sections 1 and 2.)
B Compensation (See Agreement section 3.)
7/13/2023
7/13/2023
City of Tracy – Master Professional Services Agreement with Carollo Engineers, Inc.
E
XHIBIT A - Scope of Work
The City’s primary objective for this Agreement is to obtain professional support for assisting the Utilities Division for engineering support services that includes but is not limited to performing design and preparing improvement plans, specifications, estimates for preparation of bid documents and providing support during construction for various improvement projects.
These projects will relate to maintenance of existing equipment, reviewing existing operational elements, and studying alternatives for improvements to operations as needed at the Wastewater Treatment Plant and/or John Jones Water Treatment Plant.
The on-call needs may include conducting studies and preparing reports for various elements as necessary to satisfy the regulatory framework including reaching out to regional boards, permitting, and other documentation.
The City will work with the Consultant to develop the detailed scope specific to the project or task needs. This proposed cost and scope will be negotiated before it is finalized. After the agreement of scope and cost between the Consultant and the City, the notice to proceed will be issued to the Consultant.
Key Personnel:
• Tom Gillogly
• Peter von Bucher
• Rich Chan
• Amos Branch
• Darren Baune
• Sam Hawkins
City of Tracy – Master Professional Services Agreement with Carollo Engineers, Inc.
E
XHIBIT B - Compensation
Compensation under this agreement shall not exceed $300,000 per year.
APPROVED AS TO FORM AND LEGALITY
________________________
CITY A
TTORNEY’S OFFICE
TRACY CITY
COUNCIL
RESOL
UTION NO. _______________
RESOL
UTION APPROVING A MASTER PROFESSIONAL SERVICES
AGREEMENT (MPSA) WITH BLACK WATER CONSULTING ENGINEERS, INC., FOR AN INITIAL TERM OF ONE YEAR, WITH AN ADMINISTRATIVE
OPTION TO EXTEND ANNUALLY, FOR AN ADDITIONAL TWO YEARS, TO
PROVIDE ENGINEERING SUPPORT SERVICES RELATED TO THE W ATER
AND WASTEWATER TREATMENT PLANTS FOR A NOT TO EXCEED
AMOUNT OF $3 00,000 ANNUALLY (TOTAL NOT TO EXCEED AMOUNT OF $900,000)
WHEREAS
, The City desires to retain professional services of engineering consultants for specialized and technical work needed to complete small urgent design projects and necessary reports and documents for the Utilities Department Water and Wastewater treatment operations; and
WHEREAS
, On December 22, 2022, the City issued a Request for Proposals (RFP) for the on-call engineering support services related to the water and wastewater treatment plant; and WHEREAS, The City received a proposal from Black Water Consulting Engineers, Inc.; and
WHEREAS, Black Water Consulting Engineers, Inc. has the expertise and experience requir
ed to provide the necessary and desired services; and
WHEREAS, Staff recommends
that the City Council authorize the execution of the
MPSA to provide engineering support for
small urgent design projects and necessary reports
and documents and to provide s
taff flexibility to utilize the consultant on an as needed basis; and
WHEREAS, The MPSA will have an initial term of one year, with an administrative option to extend annually, for an additional two years. The MPSA not-to-exceed amount shall be $300,000 annually (with a total not to exceed amount of $900,000) subject to City Council budget appropriations
each year; and
WHEREAS, The funding for services to provide engineering support for small urgent design projects
and necessary reports and documents, will be funded by the ongoing operations and maintenance budgets for Water and Wastewater; and WHEREAS, The proposed agreement is for design and engineering work only and approval of these on-call agreements will not result in a physical change in the environment; each individual CIP
project will undergo separate evaluation, prior to relevant discretionary actions by the City, to comply adequately with California Environmental Quality Act; and Resolution 2023-
NOW,
THEREFORE, be it resolved as follows:
RESOL
VED: That the above recitals are true and correct; and be it, RESOLVED: That the City Council of the City of Tracy, hereby approves the Master Professional Services Agreements with Black Water Consulting Engineers, Inc., for on-c all professional engineering services for specialized and technical work needed to complete small urgent design projects and necessary reports and documents for the Utilities Department Water and Wastewater treatment operations for an initial term of one year with an administrative option to extend, annually for an additional two years (total not to exceed amount of $900,000); and be it further
RESOLVED: That the MPSA shall allow the City to extend the initial term, on an annual basis, following a written determination that Black Water Consulting Engineers, Inc. has satisfactorily
met all the requirements of the MPSA, and further, subject to annual budgetary appropriation by the City Council, through the budget approval process, supporting the funding for such annual extensions; and be it furt
her
RESOLVED: That MPSA shall be approved as to form and legality, by the City Attorney; and be it further
FURTHER RESOLVED: This action is not considered a pr oject as def ined by S ection 21065 of the Public Resources Code.
The foregoing Resolution 2023-_____ was adopted by the Tracy City Council on August 15, 2023, by the following vote:
AYES: COUNCIL
MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTENTION: COUNCIL MEMBERS:
___________________________________________
NANCY
D. YOUNG
Mayor of the City of Tracy, California
ATTEST:
ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California
APPROVED AS TO FORM AND LEGALITY
________________________
CITY
ATTORNEY’S OFFICE
TRACY CIT
Y COUNCIL
RES
OLUTION NO. _______________
RESOLUTION APPROVING A MASTER PROFESSIONAL SERVICES
AGREEMENT (MPSA) WITH CAROLLO ENGINEERS, INC. FOR AN INITIAL
TERM OF ONE YEAR, WITH AN ADMINISTRATIVE OPTION TO EXTEND
ANNUALLY, FOR AN ADDITIONAL TWO YEARS, TO PROVIDE ON-CALL
ENGINEERING SUPPORT SERVICES RELATED TO THE WATER AND
WASTEWATER TREATMENT PLANTS FOR THE NOT-TO-EXCEED AMOUNT OF $300,000 ANNUALLY (TOTAL NOT TO EXCEED AMOUNT OF $900,000) WHEREAS, The City desires to retain on-c all professional services of engineering consultants for specialized and technical work needed to complete small urgent design projects and necessary reports and documents for the Utilities Department Water and Wastewater treatment operations; and
WHEREAS, On December 22, 2022, the City issued a Request for Proposals (RFP) for the on-call engineering support services related to the water and wastewater treatment plant; and WHEREAS, The City
received a proposal from Carollo Engineers, Inc.; and
WHEREAS, Staff recommends
that the City Council authorize the execution of the
MPSA to provide engineering support services and to provide staff flexibility to utilize the consultant on an as needed basis; and
WHEREAS,
The MPSA will have an initial term of one year, with an administrative option to extend annually, for an additional two years. The MPSA not-to-exceed amount shall be $300,000 annually (with a total not to exceed amount of $900,000) subject to City Council budget appropriations each year; and
WHEREAS
, The services to provide engineering support for small urgent design projects
and necessary reports and documents will be funded by the ongoing operations and maintenance budgets
for Water and Wastewater; and
WHEREAS, The proposed agreement is for design and engineering work only and approval of these on-call agreements will not result in a physical change in the environment; each individual CIP
project will undergo separate evaluation, prior to relevant discretionary actions by the City, to comply adequately with California Environmental Quality Act; and NOW,
THEREFORE, be it resolved as follows:
RESO
LVED: That the above recitals are true and correct; and be it further Resolution 2023-
RESOLVED: That the City Council of the City of Tracy, hereby approves the Master Professional Services Agreement with Carollo Engineers, Inc. for on-call professional engineering services for specialized and technical work needed to complete small urgent design projects and necessary reports and documents for the Utilities Department Water and Wastewater treatment operations for an initial term of one year with an administrative option to extend, annually for an additional two years (total not to exceed amount of $900,000); and be it further RESOLVED: That the MPSA shall allow the City to extend the initial term, on an annual basis, following a written determination that Carollo Engineers, Inc. has satisfactorily met all the requirements of the MPSA, and further, subject to annual budgetary appropriation by the City Council, through the budget approval process, supporting the funding for such annual extensions; and be it further
RESOLVED: That MPSA shall be approved as to form and legality, by the City Attorney; and be it further
FURTHER RESOLVED: This action is not considered a pr oject as def ined by Se ction 21065 of the
Public Resources Code.
The foregoing Resolution 2023-_____ was adopted by the Tracy City Council on August 15, 2023, by the following vote:
AYES: COUNCIL
MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTENTION: COUNCIL MEMBERS:
___________________________________________
NANCY
D. YOUNG
Mayor of the City of Tracy, California
ATTEST:
ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California
August 15, 2023
Agenda Item 1.F
RECOMMEN
DATION
Staff recommends that the City Council adopt a Resolution approving a one-year agreement with Jet Mulch, Inc. for playground wood fiber and mulch installation, with a not-to-exceed amount of $50,000 per fiscal year ($250,000 in total) and authorizing the City Manager to grant up to four, one-year extensions.
EXECUTIVE SUMMARY
This item is to consider authorizing a one-year agreement (August 15, 2023 – June 30, 2024) with Jet Mulch, Inc. for playground wood fiber and mulch installation. The proposed General Services Agreement is a not-to-ex ceed in the amount of $50,000 per fiscal year and authorizes the City Manager to grant up to four, one-year extensions if the contractor satisfactorily meets its
obligations under the agr eement. The total not-to-exceed amount would be $250,000 for the cumulative five years.
BACKGROUND AND LEGISLATIVE HISTORY
The Parks and Recreation Department is responsible for the maintenance of City playgrounds and planting areas. Staff monitors all City playgrounds and planting areas and installs material as needed.
The City manages over 70 playgrounds and has an obligation to ensure all areas are safe and accessible. The City has been uti lizing American Society for Tes ting and Materials (ASTM) engineered wood fiber in playgrounds for several years to meet safety and the Americans with Disability Act (ADA) requirements. Certified engineered wood fiber is widely used by many cities to cover the surface area of playgrounds. The material is soft and absorbent so that if someone inadvertently falls, the engineered wood fiber would absorb much of the impact, reducing the risk of severe harm. The City contracts out the supply and installation of engineered wood fiber for playground surface areas. A specialized truck blows material into the des
ignated area(s) to distribute the material efficiently and evenly.
The City also has several planting areas throughout the City that have mulch as a topdressing.
Mulch not only improves the overall aesthetics, but utilizing mulch reduces the amount of water needed and supports weed control. Mulch lays on top and insulates the soil, reducing the overall water evaporation. In addition, mulch supports the overall soil health by breaking up clay and allowing better water and air movement.
ANALYSIS
A Notice Inviting Bids for playground engineered wood fiber and mulch installation at various locations was published on April 12, 2023. Two bids were received by the submittal date/time.
The bid from Applied Landscape Materials Inc. did not provide samples of material as required, therefore their bid was not considered. As a result, staff recommends Jet Mulch, Inc. be awarded the agreement as their bid was comprehensive and complied with bid specifications.
Agenda Item 1.F
August 15, 2023
The recommended agreement is for a one-year term, with a not-to-exceed amount of $50,000 per fiscal year. In addition, the agreement also authorizes the City Manager to grant up to four, one-year extensions if the City Manager determines that the contractor satisfactorily met all agreement requirements. If extended for all allowable four, one-year terms, the total not-to- exceed amount would be $250,000 for the cumulative five years.
FISCAL IMPACT
Funding for the contract with Jet Mulch, Inc. is included in the FY2023-24 Parks Maintenance Division operating budgets, (Funds 101, 271, 272, and 273).
PUBLIC OUTREACH/ INTEREST
N/A
COORDINATION
The Parks and Recreation Department coordinated with the Finance Department.
CEQA DETERMINATION
This is an operational item and CEQA does not apply.
STRATEGIC PLAN
This agenda item is consistent with the City Council’s adopted Quality of Life strategies.
ACT
ION REQUESTED OF THE CITY COUNCIL
Staff recommends that the City Council adopt a Resolution approving a one-year agreement with Jet Mulch, Inc. for playground wood fiber and mulch installation, with a not-to- exceed amount of $50,000 per fiscal year ($250,000) and authorizing the City Manager to grant up t
o four, one-year extensions.
Prepared by: Nilo Velazquez, Management Analyst II
Todd Rocha, Public Works Superintendent
Reviewed by: Jolene Jauregui-Correll, Recreation Services Manager Sara Cowell, Director of Finance
Bijal Patel, City Attorney
Brian MacDonald, Interim Assistant City Manager
Approved by
: Midori Lichtwardt, Interim City Manager
Attachments
:
Attachment A
: General Services Agreement – Jet Mulch, Inc.
City of Tracy – General Services Agreement with Jet Mulch, Inc.
CITY OF TRACY
PARKS AND RECREATION DEPARTMENT
GENERAL SERVICES AGREEMENT WITH
JET MULCH, INC.
This General Services Agreement (Agreement) is entered into between the City of Tracy, a municipal corporation (City), and Jet Mulch, Inc. a California corporation (Contractor). City and Contractor are referred to individually as “Party” and collectively as “Parties.” Recitals
A. City desires to retain Contractor to install playground wood fiber at designated play areas and walk-on bark at designated planting areas (Services of Project); and B. On April 12, 2023, the City issued a Notice Inviting Bids for the Project. On May 3, 2023, Contractor submitted its bid for the Project to the City. City has determined that Contractor possesses the skills, experience and certification required to provide the services.
C. Two bids were received by the submittal date/time. City staffed reviewed the bids and the bid from Applied Landscape Materials Inc. did not include samples of material as required, therefore their bid was not considered.
D. Funding for this Project is budgeted in the Park Maintenance Division operating budgets.
E. After negotiations between the City and Contractor, the Parties have reached an agreement for the performance of services in accordance with the terms set forth in this Agreement.
F. This Agreement is being executed pursuant to Resolution No. 2023-____ approved by Tracy City Council on August 15, 2023.
Now therefore, the Parties mutually agree as follows:
1. Scope of Work. Upon request from the City (including by way of a Task Order), Contractor shall promptly perform the Services, including, without limitation, those described in Exhibit “A” attached hereto and incorporated herein by this reference. The services shall be performed by, or under the direct supervision of, Contractor’s Authorized Representative: Ryan Gamboa. Contractor shall not replace its Authorized Representative, nor shall Contractor use or replace any subcontractors or subconsultants, without City’s prior written consent. The City may terminate this Agreement if Consultant makes any such change or replacement, or uses any unapproved subcontractor or subconsultant..
2. Time of Performance. Time is of the essence in the performance of services under this Agreement and the timing requirements set forth shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. Any services for which times for performance are not specified in this Agreement shall be started and completed by Contractor in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the Contractor.
Contractor shall submit all requests for time extensions to the City in writing no later than ten days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due. City may grant or deny such requests in its sole and absolute discretion.
DocuSign Envelope ID: A7C1746C-1723-4C41-96D5-734CEBA9016B
ATTACHMENT A
City of Tracy – General Services Agreement with Jet Mulch, Inc.
2.1 Term. The term of this Agreement shall begin on August 15, 2023 and end on June 30, 2024, unless terminated in accordance with Section 6. Contractor shall begin work on the Project within five (5) of the beginning of the term established in the preceding sentence of this Agreement.
2.2 OPTION TO EXTEND. This Agreement may be extended for up to an additional four, one- year extension terms (a total of four years in one (1) year increments) if the City Manager determines in writing that Contractor has satisfactorily met all the requirements of this Agreement.
3. Compensation. City shall pay Contractor on a time and expense basis, at the billing rates set forth in Exhibit “B,” attached and incorporated by reference for services performed under this Agreement.
3.1 Not to Exceed Amount. Contractor’s total compensation under this Agreement shall not exceed $50,000 per fiscal year. It is understood and agreed that Consultant may not receive compensation up to this, and Consultant’s total compensation under this Agreement will depend on the scope of the Services approved by the City. Contractor’s billing rates shall cover all costs and expenses for Contractor’s performance of this Agreement. No work shall be performed by Contractor in excess of the total compensation amount provided in this section without the City’s prior written approval. On each anniversary of the execution of this Agreement by both the City and Contractor (each a Billing Rate Adjustment Date), , Contractor may increase the billing rates set forth in Exhibit B by the lesser of (a) 3% or (b) the annual increase in the Cost-of-Living Index – All Items, for the Sacramento Metropolitan Region. Contractor shall provide the City with written notice of its election to increase its billing rates pursuant to this Section 3.1, if at all, at least 30 days prior to any Billing Rate Adjustment Date. If Contractor fails to provide such notice, the billing rates shall remain unchanged until the following Billing Rate Adjustment Date. Notwithstanding anything contained herein to the contrary, the payment of any funds under this Agreement shall be subject to the City of Tracy’s appropriation of funds for the Services. This Agreement shall terminate in the event that such funds are not appropriated.
3.2 Invoices. Contractor shall submit monthly invoices to the City that describe the services performed, including times, dates, and names of persons performing the services.
3.2.1. Contractor’s failure to submit invoices in accordance with these requirements may result in the City rejecting said invoices and thereby delaying payment to Contractor.
3.3 Payment. Subject to the City acceptance of the Services as discussed in Exhibit A attached hereto, within 30 days after the City’s receipt of invoice, City shall make payment to the Contractor based upon the services described on the invoice and approved by the City.
3.4 The acceptance by Consultant of the final payment made under this Agreement shall constitute a release of City from all claims and liabilities for compensation to Consultant for anything completed, finished or relating to Consultant’s services. Consultant agrees that payment by City shall not constitute nor be deemed a release of the responsibility and liability of Consultant or its employees, subcontractors, agents and subconsultants for the accuracy and competency of the information provided and/or services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect or error in the Services performed by Consultant, its employees, subcontractors, agents and subconsultants.
3.5 Consultant agrees to maintain books, accounts, payroll records and other information relating to the performance of Consultant’s obligations under the Agreement, which shall adequately and correctly reflect the expenses incurred by the Consultant in the performance of Consultant’s work under the Agreement. Such books and records shall be open to inspection and audit by the City during regular business hours for three years after expiration or termination of this Agreement.
4. Indemnification. Contractor shall, to the fullest extent permitted by law, indemnify, defend (with independent counsel approved by the City), and hold harmless the City from and against any claims arising out of Contractor’s performance or failure to comply with obligations under this Agreement, except to the extent caused by the sole, active negligence or willful misconduct of the City.
DocuSign Envelope ID: A7C1746C-1723-4C41-96D5-734CEBA9016B City of Tracy – General Services Agreement with Jet Mulch, Inc.
In the event there is a finding and/or determination that Consultant is not an independent contractor and/or is an employee of City, including but not limited to any such finding and/or determination made by the California Public Employees’ Retirement System (CalPERS), the Department of Industrial Relations (DIR), or the Internal Revenue Service (IRS), Consultant shall, to the fullest extent permitted by law, indemnify, defend, and hold harmless the City from and against any all claims relating to or in connection with such a finding and/or determination.
In this section, “City” means the City, its officials, officers, agents, employees and volunteers; “Contractor” means the Contractor, its employees, agents and subcontractors; “Claims” includes claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all related costs and expenses) and any allegations of these; and “Arising out of” includes “pertaining to” and “relating to”.
Consultant and City mutually waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement.
The provisions of this section survive completion of the services or the termination of this Agreement, and are not limited by the provisions of Section 5 relating to insurance.
5. Insurance. Contractor shall, throughout the duration of this Agreement, maintain insurance to cover Contractor, its agents, representatives, and employees in connection with the performance of services under this Agreement at the minimum levels set forth herein.
5.1 Commercial General Liability (with coverage at least as broad as ISO form CG 00 01 01 96) “per occurrence” coverage shall be maintained in an amount not less than $4,000,000 general aggregate and $2,000,000 per occurrence for general liability, bodily injury, personal injury, and property damage.
5.2 Automobile Liability (with coverage at least as broad as ISO form CA 00 01 07 97, for “any auto”) “claims made” coverage shall be maintained in an amount not less than $1,000,000 per accident for bodily injury and property damage.
5.3 Workers’ Compensation coverage shall be maintained as required by the State of California.
5.4 Professional Liability “claims made” coverage shall be maintained to cover damages that may be the result of errors, omissions, or negligent acts of Contractor in an amount not less than $1,000,000 per claim.
5.5 Endorsements. Contractor shall obtain endorsements to the automobile and commercial general liability insurance policies with the following provisions:
5.5.1 The City (including its elected officials, officers, employees, agents, and volunteers) shall be named as an additional “insured.”
5.5.2 For any claims related to this Agreement, Contractor’s coverage shall be primary insurance with respect to the City. Any insurance maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it.
5.6 Notice of Cancellation. Contractor shall notify the City if the policy is canceled before the expiration date. For the purpose of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation. Contractor shall immediately obtain a replacement policy.
5.7 Authorized Insurers. All insurance companies providing coverage to Contractor shall be insurance organizations authorized by the Insurance Commissioner of the State of California to transact the business of insurance in the State of California.
DocuSign Envelope ID: A7C1746C-1723-4C41-96D5-734CEBA9016B City of Tracy – General Services Agreement with Jet Mulch, Inc.
5.8 Insurance Certificate. Contractor shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance and endorsements, in a form satisfactory to the City, before the City signs this Agreement.
5.9 Substitute Certificates. Contractor shall provide a substitute certificate of insurance no later than 30 days prior to the policy expiration date of any insurance policy required by this Agreement.
5.10 Contractor’s Obligation. Maintenance of insurance by the Contractor as specified in this Agreement shall in no way be interpreted as relieving the Contractor of any responsibility whatsoever (including indemnity obligations under this Agreement), and the Contractor may carry, at its own expense, such additional insurance as it deems necessary. Failure to provide or maintain any insurance policies or endorsements required herein may result in the City terminating this Agreement.
6. Termination. The City may terminate this Agreement in its sole and absolute discretion by giving ten (10) days’ written notice to Contractor. Within five (5) days of such a termination, Contractor shall give the City all original documents relating to the Services in Consultant’s possession or control, including, without limitation, preliminary drafts and supporting documents, and any other documents prepared by Consultant pursuant to this Agreement. The City shall pay Contractor for all services satisfactorily performed in accordance with this Agreement, up to the date notice is given.
7. Dispute Resolution. If any dispute arises between the City and Contractor that cannot be settled after engaging in good faith negotiations, City and Contractor agree to resolve the dispute in accordance with the following:
7.1 Each Party shall designate a senior management or executive level representative to negotiate the dispute;
7.2 The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.
7.3 If the issue remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiations between legal counsel. If the aforementioned process fails, the Parties shall resolve any remaining disputes through mediation to expedite the resolution of the dispute.
7.4 The mediation process shall provide for the selection within fifteen (15) days by both Parties of a disinterested third person to serve as the mediator, shall be commenced within thirty (30) days of selection of a mediator, and shall be concluded within fifteen (15) days from the commencement of the mediation.
7.5 The Parties shall equally bear the costs of any third party mediator in any alternative dispute resolution process.
7.6 The dispute resolution process is a material condition to this Agreement and must be exhausted prior to either Party initiating legal action. This dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code §§ 900 et seq.
8 Labor Code Compliance. Contractor is aware of the requirements of Chapter 1 of Part 7 of Division 2 of the California Labor Code and applicable regulations which require the payment of prevailing wage rates (§1771, §1774, and §1775); employment of apprentices (§1777.5), certified payroll records (§1776), hours of labor (§1813 and §1815), debarment of contractors and subcontractors (§1777.1) and the performance of other requirements on “public works” and “maintenance” projects. The Services being performed under this Agreement are part of a “public works” or “maintenance” project, as defined in the Prevailing Wage Laws, Contractor agrees to fully comply with such Prevailing Wage Laws.
8.1 Rates. These prevailing wage rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to perform the services described herein. The schedule of per diem DocuSign Envelope ID: A7C1746C-1723-4C41-96D5-734CEBA9016B City of Tracy – General Services Agreement with Jet Mulch, Inc.
wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half. Contractor assumes all responsibility for such payments and shall defend, indemnify and hold the City harmless from any and all claims made by the State of California, the Department of Industrial Relations, any subcontractor, any worker, or any other third party.
8.2 Registration with DIR. Contractor warrants that it is registered with the Department of Industrial Relations and qualified to perform the services consistent with Labor Code section 1725.5.
8.3 Monitoring. This Agreement will be subject to compliance monitoring and enforcement by the DIR, under Labor Code section 1771.4.
9. Ownership of Work. All original documents prepared by Contractor for this Agreement, whether complete or in progress, are the property of the City, and shall be given to the City at the completion of Contractor’s Services, upon termination of this Agreement, or upon demand from the City. No such documents shall be revealed or made available by Contractor to any third party without the City’s prior written consent.
10. Independent Contractor Status. Contractor is an independent contractor and is solely responsible for the acts of its employees or agents, including any negligent acts or omissions.
Contractor is not City’s employee and Contractor shall have no authority, express or implied, to act on behalf of the City as an agent, or to bind the City to any obligation, unless the City provides prior written authorization. Contractor is free to work for other entities while under contract with the City.
Contractor, and its agents or employees, are not entitled to City benefits. Consultant shall be solely responsible for, and shall save the City harmless from, all matters relating to the payment of Consultant’s employees, agents, subcontractors and subconsultants, including compliance with social security requirements, federal and State income tax withholding and all other regulations governing employer-employee relations. The City reserves the right to contract with other firms and/or consultants during the term of this Agreement to provide the City the same or similar services that Consultant is providing to the City under this Agreement. Nothing contained in this Agreement guarantees Consultant a certain amount of work, and the City may, in its sole and absolute discretion, allocate and/or delegate work to Consultant so as to satisfy the City’s needs.
11. Conflicts of Interest. Contractor (including its employees, agents, and subcontractors) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement.
If Contractor maintains or acquires such a conflicting interest, the City may terminate any contract (including this Agreement) involving Contractor’s conflicting interest.
12. Rebates, Kickbacks, or Other Unlawful Consideration. Contractor warrants that this Agreement was not obtained or secured through rebates, kickbacks, or other unlawful consideration either promised or paid to any City official or employee. For any breach of this warranty, City shall have the right, in its sole discretion, to terminate this Agreement without liability; to pay only for the value of the work actually performed; to deduct from the contract price the value of the rebate, kickback, or other unlawful consideration; or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.
DocuSign Envelope ID: A7C1746C-1723-4C41-96D5-734CEBA9016B City of Tracy – General Services Agreement with Jet Mulch, Inc.
13. Notices. All notices, demands, or other communications which this Agreement contemplates or authorizes shall be in writing and shall be personally delivered or mailed to the other party to the addresses listed below. Communications shall be deemed to have been given and received on the first to occur of: (1) actual receipt at the address designated below, or (2) three working days after the deposit in the United States Mail of registered or certified mail, sent to the address designated below.
To City: To Contractor:
City of Tracy Jet Mulch, Inc.
Attn: Parks and Recreation Attn: Ryan Gamboa
333 Civic Center Plaza P.O. Box 1667
Tracy, CA 95376 Capitola, CA 95010
With a copy to:
City Attorney
333 Civic Center Plaza
Tracy, CA 95376
14. Miscellaneous.
14.1 Standard of Care. Unless otherwise specified in this Agreement, the standard of care applicable to Contractor’s services will be the degree of skill and diligence ordinarily used by reputable professionals performing in the same or similar time and locality, and under the same or similar circumstances.
14.2 Amendments. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both Parties.
14.3 Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. No waiver shall be effective unless it is in writing and signed by the waiving party.
14.4 Assignment and Delegation. Contractor may not assign, transfer or delegate this Agreement or any portion of it without the City’s prior written consent. Any attempt to do so will be void.
City’s consent to one assignment, transfer or delegation shall not be deemed to be a consent to any subsequent assignment, transfer or delegation.
14.5 Jurisdiction and Venue. The interpretation, validity, and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of San Joaquin.
14.6 Compliance with the Law. Contractor shall comply with all applicable local, state, and federal laws, whether or not those laws are expressly stated in this Agreement.
14.6.1 Hazardous Materials. Contractor is responsible for all costs of clean up and/or removal of hazardous and toxic substances spilled as a result of performing their services.
14.6.2 Non-discrimination. Contractor represents and warrants that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Contractor shall also comply with all applicable anti-discrimination federal and state laws, including but not limited to, the California Fair Employment and Housing Act (Gov. Code 12990 (a-f) et seq.).
14.7 Business Entity Status. Contractor is responsible for filing all required documents and/or forms with the California Secretary of State and meeting all requirements of the Franchise Tax Board, to the extent such requirements apply to Contractor. By entering into this Agreement, Contractor represents that it is not a suspended corporation. If Contractor is a suspended corporation at the time it enters this Agreement, City may take steps to have this Agreement declared voidable.
DocuSign Envelope ID: A7C1746C-1723-4C41-96D5-734CEBA9016B City of Tracy – General Services Agreement with Jet Mulch, Inc.
14.8 Business License. Before the City signs this Agreement, Contractor shall obtain a City of Tracy Business License. Contractor shall maintain an active City of Tracy Business License during the term of this Agreement.
14.9 Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns.
14.10 Construction of Agreement. Each Party hereto has had an equivalent opportunity to participate in the drafting of this Agreement and/or to consult with legal counsel. Therefore, the usual construction of an agreement against the drafting Party shall not apply hereto.
14.11. Severability. If a term of this Agreement is held invalid by a court of competent jurisdiction, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in effect.
14.12 Controlling Provisions. In the case of any conflict between the terms of this Agreement and the Exhibits hereto, and Contractor’s proposal (if any), the Agreement shall control. In the case of any conflict between the Exhibits hereto and the Contractor’s proposal (if any), the Exhibits shall control.
14.13 Entire Agreement. This Agreement and the attached Exhibits comprise the entire integrated understanding between the Parties concerning the services to be performed. This Agreement supersedes all prior negotiations, representations or agreements. All exhibits attached hereto are incorporated by reference herein.
14.14 Counterparts. City and Consultant agree that this Agreement may be executed in two or more counterparts, each of which shall be deemed an original.
14.15 Expenses for Enforcement. Consultant and City agree that the prevailing party’s reasonable costs, attorneys’ fees and expenses, including investigation fees and expert witness fees, shall be paid by the non-prevailing party in any dispute involving the terms and conditions of this Agreement.
15. Signatures. The individuals executing this Agreement on behalf of Contractor represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this Agreement on behalf of Contractor.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: A7C1746C-1723-4C41-96D5-734CEBA9016B City of Tracy – General Services Agreement with Jet Mulch, Inc.
The Parties agree to the full performance of the terms set forth here.
City of Tracy
Municipal Corporation
_____________________________
By: Nancy D. Young
Title: Mayor
Date: _______________________
Attest:
________________________________
Adrianne Richardson, City Clerk
Approved as to form:
________________________________
Bijal M. Patel, City Attorney
Jet Mulch, Inc.
California Corporation
________________________________
By: ________________________
President
Date: _______________________
Federal Employer Tax ID No. ___________
_______________________________
By: ________________________
Treasurer
Date: _______________________
Exhibits:
A Scope of Work, including personnel and time of performance (See Agreement sections 1 and 2.)
B Compensation (See Agreement section 3.)
DocuSign Envelope ID: A7C1746C-1723-4C41-96D5-734CEBA9016B 680394810
Mario Gamboa
7/21/2023 | 2:46 PM PDT
Ryan K. Gamboa/VP/CFO
7/21/2023 | 2:47 PM PDT
City of Tracy – General Services Agreement with Jet Mulch, Inc.
EXHIBIT A - Scope of Work
Scope of Work
Work shall include all labor, equipment, and materials necessary to furnish and install ASTM engineered wood playground fiber at designated play areas or walk-on bark at designated planting areas throughout the City. City staff may enlist the assistance of Contractor to help specify quantities of material to refurbish area(s). Contractor shall spread material in a smooth even layer throughout the designated areas. At play area entrance and handicap access areas, material shall be raked so that the top is flush with adjacent access surface to create a smooth and even transition between the hard surface and the newly installed material.
Material Applied
The playground fiber used shall be composed of engineered wood fiber designed for installation in playgrounds. It shall be clean, blunt-end, virgin wood material, meeting ASTM standards F1292 for impact absorption, F2075 material purity, F1951 for handicap/wheelchair access, and C136-14. All mulch shall be walk-on bark.
Time of Completion
The Contractor shall begin work after issuance of a Task Order from the Public Works Superintendent in the Parks and Recreation Department. The Contractor shall immediately schedule and diligently prosecute the work to completion. The Contractor shall be obligated to complete all work within ninety days of start date.
The Contractor shall notify the Public Works Superintendent (or designee) responsible for material application a minimum of five days in advance of the location and date work is to begin and provide a schedule indicating when work will be performed and completed in all areas. Schedule may have to be modified depending on use and recommended install dates.
Methods of Application
Prior to start of work and if requested, Contractor is to provide documentation that the material to be used meets the required ASTM standards and a sample for City approval. Contractor shall be equipped with a blower truck that can quickly and efficiently apply ASTM engineered wood playground fiber.
Inspection and Acceptance
Upon completion of the installation, the Public Works Superintendent (or designee) shall make the final inspection and acceptance. Until that acceptance is complete, City shall have no obligation to tender payment to Contractor for the work performed.
DocuSign Envelope ID: A7C1746C-1723-4C41-96D5-734CEBA9016B City of Tracy – General Services Agreement with Jet Mulch, Inc.
EXHIBIT B - Compensation
Cost Price Sheet
Engineered Wood Fiber Walk-on bark
Cost of Material (per cubic yard) $12.00 $18.00
Labor Rate $17.87 $26.70
Total Cost (per cubic yard) $29.87 $44.70
DocuSign Envelope ID: A7C1746C-1723-4C41-96D5-734CEBA9016B
APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTO
RNEY’S OFFICE
TRACY CITY
COUNCIL
RESOLU
TION NO. _______________
APPROVING A ONE-Y EAR AGREEMENT WITH JET MULCH, INC.
FOR PLAYGROUND WOOD FIBER AND MULCH INSTALLATION, WITH A NOT-TO-EXCEED AMOUNT OF $50,000 PER FISCAL YEAR ($250,000 IN
TOTAL), AND AUTHORIZING THE CITY MANAGER TO GRANT UP TO
FOUR, ONE-YEAR EXTENSIONS
WHEREAS, The City’s Parks and Recreation Department is responsible for the maintenance of City playgrounds and planting areas. Staff monitors all City playgrounds and planting areas and installs material, such as wood fiber and mulch, as needed ; and
WHEREAS, A Notice Inviting Bids for playground wood fiber and mulch installation at various locations in the City (“Services”) was published by the City on April 12, 2023; and WHEREAS, Two bids were received by the submittal date/time for the Services, including the bid by Jet Mulch, Inc. (“Consultant”), which was the only bid that complied with all the specifications outlined in the Notice Inviting Bids. The City determined that a General Services Agreement (“Agreement”) should be awarded to Consultant and that the Agreement should include a not-to-exceed amount of $50,000 per fiscal year ($250,000 total) and extension options in the City’s favor
; and
WHEREAS, Funding for the Services and the Agreement is from the Parks Maintenance Division operating budgets for such materials; and
WHEREAS, The City seeks to enter into the Agreement with Consultant.
NOW,
THEREFORE, Be it resolved as follows:
RESOLVED: That the above recitals are true and correct; and be it, FURTHER RESOLVED: That the City Council hereby approves the Agreement with Consultant for the Services . After review and approval by the City Attorney’s Office, the City authorizes
the execution of the Agreement and authorizes any and all actions that may be necessary or advisable to effectuate the purposes of this Resolution; and be it FURT
HER RESOLVED: That the City authorizes the City Manager to grant up to four, one-year extensions consistent with the terms of the Agreement if Consultant satisfactorily meets its obligations under the Agreement.
* * * * * * * *
* * * * * *
The foregoing Resolution 2023-_____ was adopted by the Tracy City Council on August 15, 2023 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTENTION: COUNCIL MEMBERS:
___________________________________________
NANCY D. YOUNG
Mayor of the City of Tracy, California
ATTEST:
ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California
Resolution 2023-
August 15, 2023
Agenda Item 1.G
RECOMMENDATION
Staf
f recommends that the City Council adopt a resolution approving the execution of Amendment No. 1 to the Cooperative Agreement for Construction with the California Department of Transportation for the I-580/Patterson Pass Road Interchange Project (CIP 73147).
EXECUTIVE SUMMARY
The
City of Tracy (City) entered into a Cooperative Agreement (Agreement) with the California Department of Transportation (Caltrans) for the I-580/Patterson Pass Road Interchange Project (Project) (CIP 73147) on April 19, 2023. An amendment to the Agreement is required to update the funding summary, reflecting the recent reprogramming of the federal funding source.
BACKGROUND AND LEGISLATIVE HISTORY
The Proj
ect is an approved Capital Improvement Project (CIP 73147). It reconstructs the existing interchange from a tight diamond configuration to a Diverging Diamond Interchange (DDI). The Project is essential to the region as it will increase access to growing fulfillment and distribution centers, improve freight operations along a federal Primary Freight Network (PFN) Route, enhance safety, and benefit the regional and national economy.
The Proj
ect is complete in design. The City had received $24.9 million SB1 TCEP (Trade Corridor Enhancement Program) grant funding for Project, which needed to be obligated by the California Transportation Commission (CTC) at their meeting on June 28th and 29th, 2023. In order to secure the TCEP grant, the Project required to obtain the Ready to List (RTL) status with Caltrans prior to the CTC meeting. As part of obtaining the RTL, the City adopted Resolution Nos. 2023-035, 2023-036, 2023-037, and 2023-038 on February 21, 2023 to file Eminent Domain proceedings for the acquisition of certain property interests for the Project, Resolution No. 2023-043 on March 7, 2023 approving Utility Agreements related to the relocation of existing utilities, and Resolution No. 2023-044 on March 7, 2023 for the Right-of- Way Certification and execution of the Agreement.
Due to
the collaborative efforts with Caltrans, the City obtained RTL status and CTC approved the allocation of the TCEP grant at the June 28th and 29th Commission meetings. Subsequently, the grant was reprogrammed as Federal National Highway Freight Program (FNHFP) grant without any alterations to the original grant amount.
ANALYSIS
On Ap
ril 9, 2023, the City and Caltrans entered into the Agreement pursuant to Resolution No. 2023-044. Since the TCEP grant in the Agreement was recently reprogrammed as an FNHFP fund, the City needs to make necessary amendments to the funding section of the Agreement to accurately reflect this recent update. This amendment will ensure transparency and effective financial management as the City moves forward with construction of the Project.
Agenda Item 1.G
August 15, 2023
FISCAL IMPACT
The total project costs (including construction, right of way, and support) are approximately $52.4 Million and will be funded through a combination of City TIMP, City RTIF, Measure K, and FNHFP funds.
PUBLIC OUTREACH / INTEREST
Caltrans and the City circulated the draft I nitial Study/Mitigated Negative Declaration (IS/MND) of the Project for public comment and review on July 1, 2020. An opportunity for a public meeting was offered, but none was requested. All written comments received were addressed in the final IS/MND and in the Categorical Exclusion, a National Environmental Protection Act (NEPA), the federal requirement. The Resolutions of Necessity (RONs) hearing for the required property acquisitions fo r the Project was conducted by City Council on February 21, 2023.
COORDINATION
The City’s Engineering Division coordinated with several stakeholders including Caltrans, San Joaquin County, SJCOG, FHWA, California Public Utility Commission, and publ ic and private utility companies.
CEQA DETERMINATION
The Final IS/MND (CEQA Approval) and CE (NEPA Approval) for the Project were adopted on February 25, 2021.
STRATEGIC PLAN
This agenda item supports the City of Tracy’s Quality of Life St rategic Priority, which is t o provide an outstanding quality of life by enhancing the City’s amenities, business mix and services, and cultivating connections to promote positive change and progress in our community.
ACTI
ON REQUESTED OF THE CITY COUNCIL
Staff recommends that the City Council adopt a resolution approving the execution of Amendment No.1
to the Cooperative Agreement for Construction with the California Department of Transportation for the I-580/Patterson Pass Road Interchange Project (C IP 73147).
Prepared by: Anju Pillai, PE, Seni or Civil Engineer
Reviewed by: Koosun Kim, PE, City Engineer / Assistant Director of Development Services Sara Cowell
, Finance Director
Bijal M. Patel, City Attorney
Karin Schnaider, Assistant City Manager
Approved by:
Midori Lichtwardt, Interim City Manager
ATTACHMENTS
Attachment A – Amendment No. 1 to the Cooperative Agreement with Caltrans for the I-580/ Patterson Pass Road Interchange Project, CIP 73147
Agreement 10-0565 A1
Project No. 1015000011
EA 1E220
10-SJ-580-12.6/14.3
Project Development Agreement 2017-02-17 (Created June 6, 2023)
COOPERATIVE AGREEMENT COVER SHEET
Funding Summary Amendment – Funding Summary No. 02
Agreement Amendment No. 01
Work Description
THE CITY OF TRACY PROPOSES TO IMPROVE THE INTERCHANGE AT I- 580/INTERNATIONAL PARKWAY/PATTERSON PASS ROAD.
Contact Information
CALTRANS
Dina El-Nakhal, Project Manager
1976 E. Dr. Martin Luther King Jr. Way
Stockton, CA 95209
Office Phone:
Mobile Phone: (209) 351-4431
Email: dina.el.nakhal@dot,ca.gov
CITY OF TRACY
Anju Pillai, Senior Civil Engineer – Engineering Division 333 Civic Center Plaza
Tracy, CA 95376
Office Phone: (209) 831-6455
Email: [email protected]
Attachment A
Cover Sheet AGREEMENT 10-0565 A1
Project No. 1015000011
Project Development Agreement 2017-02-17 (Created June 6, 2023) Table of Contents
AMENDMENT NO. 01……………………………………………………………………………….
FUNDING SUMMARY NO. 02……………………………………………………………………...
FUNDING TABLE……………………………………………………………………………
SPENDING SUMMARY…………………………………………………………………….
Funding……………………………………………………………………………………………….
Invoicing and Payment……………………………………………………………………………….
CONSTRUCTION Support…………………………………………………………………...
CONSTRUCTION Capital……………………………………………………………………
Department Furnished Materials (DFM) ……………………………………………….…… Signatures………………………………………………………………………………………...……
Attachment A
AGREEMENT 10 – 0565 A1
Project No. 1015000011
EA 1E220
10-SJ-580-12.6/14.3
AMENDMENT NO. 01
FUNDING SUMMARY NO. 02
1. PARTIES, in accordance with the provisions of this AGREEMENT, hereby amend this AGREEMENT by replacing Funding Summary No. 01 in its entirety with Funding Summary No. 02.
2. Funding Summary No. 2:
• To replace SB1 funds with FNHFP fund
• To add City RTIF and City TIMF funds as the Developer Fees (locally generated funds). • To remove Local fund
• To pay Caltrans DFM of $165,000 from City TIMF fund as shown in the Spending Summary.
Attachment A
FUNDING SUMMARY No. 02 AGREEMENT 10 – 0565 A1
Project No. 1015000011
FUNDING TABLE
IMPLEMENTING AGENCY CITY
Totals Source Party Fund Type
CONST.
SUPPORT
CONST.
CAPITAL
FEDERAL CITY FNHFP 0 24,884,000 24,884,000
LOCAL CITY SJ County Measure K 0 1,725,000 1,725,000
LOCAL CITY City RTIF 0 15,021,000 15,021,000
LOCAL CITY City TIMF 0 8,541,000 8,541,000
Totals 0 50,171,000 50,171,000
FNHFP – Federal National Highway Freight Program
SJ County Measure K – San Joaquin County Measure K
RTIF – Regional Transportation Impact Fee
TIMF – Traffic Impact Mitigation Fee
Attachment A
FUNDING SUMMARY No. 02 AGREEMENT 10 – 0565 A1
Project No. 1015000011
SPENDING SUMMARY
CONST. SUPPORT CONST. CAPITAL
Fund Type CALTRANS CITY CITY
DFM
CALTRANS Totals
FNFHP 0 0 24,884,000 0 24,884,000
SJ County Measure K 0 0 1,725,000 0 1,725,000
City RTIF 0 0 15,021,000 0 15,021,000
City TIMF 0 0 8,376,000 165,000 8,541,000
Totals 0 0 50,006,000 165,000 50,171,000
Attachment A
FUNDING SUMMARY No. 02 AGREEMENT 10 – 0565 A1
Project No. 1015000011
Funding
3. If there are insufficient funds available in this AGREEMENT to place the PROJECT right-of-way in a safe and operable condition, the appropriate IMPLEMENTING AGENCY will fund these activities until such time as PARTIES amend this AGREEMENT.
That IMPLEMENTING AGENCY may request reimbursement for these costs during the amendment process.
4. If there are insufficient funds in this AGREEMENT to implement the obligations and responsibilities of this AGREEMENT, including the applicable commitments and conditions included in the PROJECT environmental documentation, permits, agreements, and/or approvals that are in effect at a time that WORK stops, each PARTY accepts responsibility to fund their respective WORK until such time as PARTIES amend this AGREEMENT.
Each PARTY may request reimbursement for these costs during the amendment process.
5. The cost of any engineering support performed by CALTRANS includes all direct and applicable indirect costs. CALTRANS calculates indirect costs based solely on the type of funds used to pay support costs. State and federal funds administered by CALTRANS are subject to the current Program Functional Rate. All other funds are subject to the current Program Functional Rate and the current Administration Rate. The Program Functional Rate and Administration Rate are adjusted periodically.
6. If the WORK is funded with state or federal funds, any PARTY seeking CALTRANS reimbursement of indirect costs must submit an indirect cost rate proposal and central service cost allocation plan (if any) in accordance with Local Assistance Procedures Manual, 2 CFR, Part 200 and Chapter 5. These documents are to be submitted annually to CALTRANS’ Audits and Investigations for review and acceptance prior to CALTRANS’ reimbursement of indirect costs.
7. Travel, per diem, and third-party contract reimbursements for WORK are to be paid from the funds in this AGREEMENT only after the contractor performs the work and incurs said costs.
Attachment A
AGREEMENT 10 – 0565 A1
Project No. 1015000011
Payments for travel and per diem will not exceed the rates paid rank and file state employees under current California Department of Human Resources (CalHR) rules current at the effective date of this AGREEMENT.
If CITY invoices for rates in excess of CalHR rates, CITY will fund the cost difference and reimburse CALTRANS for any overpayment.
8. Notwithstanding the terms of this AGREEMENT, PARTIES agree to abide by the funding guidelines for all contributed funds that are programmed and allocated by the CTC.
Invoicing and Payment
9. PARTIES will invoice for funds where the SPENDING SUMMARY shows that one PARTY provides funds for use by another PARTY. PARTIES will pay invoices within forty-five (45) calendar days of receipt of invoice when not paying with Electronic Funds Transfer (EFT). When paying with EFT, CITY will pay invoices within five (5) calendar days of receipt of invoice.
10. If CITY has received EFT certification from CALTRANS, then CITY will use the EFT mechanism and follow all EFT procedures to pay all invoices issued from CALTRANS.
11. When a PARTY is reimbursed for actual cost, invoices will be submitted each month for the prior month's expenditures. After all PROJECT COMPONENT WORK is complete, PARTIES will submit a final accounting of all PROJECT COMPONENT costs. Based on the final accounting, PARTIES will invoice or refund as necessary to satisfy the financial commitments of this AGREEMENT.
12. If an executed Program Supplement Agreement (PSA) or STIP Planning, Programming, and Monitoring Program Fund Transfer Agreement (PPM) exists for this PROJECT then CITY will abide by the billing and payment conditions detailed for the fund types identified in the PSA or PPM.
13. If CALTRANS reimburses CITY for any costs later determined to be unallowable, CITY will reimburse those funds.
Attachment A
AGREEMENT 10 – 0565 A1
Project No. 1015000011
CONSTRUCTION Support
14. No invoicing or reimbursement will occur for the CONSTRUCTION SUPPORT PROJECT COMPONENT.
CONSTRUCTION Capital
15. CITY will invoice and CALTRANS will reimburse for actual costs incurred and paid.
Department Furnished Materials (DFM)
16. CALTRANS will invoice CITY for a lump sum payment of $165,000 after execution of this AGREEMENT.
Attachment A
FUNDING SUMMARY No. 02 AGREEMENT 10 – 0565 A1
Project No. 1015000011
Signatures
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.
The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.
STATE OF CALIFORNIA
DEPARTMENT OF
TRANSPORTATION
Dennis T. Agar
District Director
Michelle Ishaya
District Budget Manager
Lai Saephan
HQ Accounting Supervisor
CITY OF TRACY
Bijal Patel
City Attorney
Nancy Young
Mayor
Adrianne Richardson
City Clerk
Attachment A
APPROVED AS TO FORM AND LEGALITY
________________________
CIT
Y ATTORNEY’S OFFICE
TRAC
Y CITY COUNCIL
RES
OLUTION 2023-_____
APPROVING THE EXECUTION OF AMENDMENT NO. 1 TO THE
COOPERATIVE AGREEMENT FOR CONSTRUCTION WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE I-580/PATTERSON PASS ROAD INTERCHANGE PROJECT (CIP 73147)
WHER
EAS, on or about April 19, 2023, the City and the California Department of Transportation (Caltrans) entered into a Cooperative Agreement (Agreement) for the I- 580/Patterson Pass Road interchange project, which is an approved Capital Improvement Project (CIP 73147) (Project). The Project is completely designed and will reconstruct the existing interchange from a tight diamond configuration to a diverging diamond interchange; and WHERE
AS, the Final IS/MND (CEQA Approval) and CE (NEPA Approval) for the Project were adopted on February 25, 2021; and
WHER
EAS, the City had received $24.9 Million SB1 Trade Corridor Enhancement Program grant funding (TCEP) for this Project; and
WHER
EAS, subsequently, the TCEP grant for the Project was “reprogrammed” as a Federal National Highway Freight Program (FNHFP) grant without any alterations to the original grant amount; and
WHER
EAS, since the TCEP grant for the Agreement and Project was reprogrammed as an FNHFP grant, the City seeks to amend the Agreement via Amendment No. 1 (Amendment) to make the necessary amendments to the funding section of the Agreement to accurately reflect this recent update; and
WHER
EAS, the Amendment will ensure transparency and effective financial management as the City moves forward with construction of the Project; now, therefore, be it RESOL
VED: That the above recitals are true and correct; and be it, FURTHE
R RESOLVED: That the City Council of the City of Tracy, by this resolution, hereby approves the Amendment. After review and approval by the City Attorney’s office, the City Council authorizes the execution of the Amendment to the Agreement and authorizes any and all actions that may be necessary or advisable to effectuate the purposes of this Resolution. * * *
* * * * * * * * * * *
Resolution 2023-_____