December 3, 2024
Agenda Item 1.I
RECOMMENDATION
Staff recommends that the City Council adopt the following resolutions:
(1) (A) Awa
rding a Construction Contract to ARB, Inc., of Lake Forest, California, in the amount of $5,699,094 for construction of the Lammers 20-Inch Water Main Project, Capital Improvement Project 75160 (Project); (B) Authorizing the City Manager to approve change orders up to the contingency amount of $569,909; and (C) Authorizing a Project Not-to-Exceed Construction Budget of $7,226,500; and
(2) (A) Appr
oving the execution of a Professional Services Agreement with West Yost Associates, Inc. for Construction Management Services for the Project, for a total not-to- exceed amount of $522,542 for a term of one year; and (B) Authorizing the City Manager to approve an administrative extension of one year, if needed.
EXECUTIVE SUMMARY
This agenda item seeks adoption of two Resolutions by the City Council relating to the construction of the Lammers 20-Inch Water Main Project, Capital Improvement Project (CIP) 75160 (Project). The first Resolution is to award a Construction Contract (Contract) (see Attachment B) to ARB, Inc., of Lake Forest, California (Contractor) for a contract price of $5,699,094, and to authorize the City Manager to approve change orders for up to $569,909, to authorize the Project not-to-exceed budget of $7,266,500.The Contractor is the lowest responsible bidder selected from the bids submitted in response to the request for competitive bids advertised on August 9, 2024.
Concurrently, staff is seeking adoption of a separate Resolution approving the execution of a Professional Services Agreement (PSA) (see Attachment C) with West Yost Associates, Inc. for Construction Management Services (Consultant) for construction management and construction inspection services related to the Project, for a not-to-exceed amount of $522,542.
The Request for P
roposals (RFP) for the Professional Services for construction management and inspection services was issued on June 23, 2023, and although multiple agencies expressed interest, only one response was received. Staff has determined that the Consultant has the competence and professional qualifications necessary to perform the required services.
BACKGROUND AND LEGISLATIVE HISTORY
On June 4,
2019, the City Council authorized the creation of CIP 75160 for the Lammers 20- Inch Water Main Project, pursuant to Resolution No. 2019-116, as part of the Fiscal Plan for 2019/2020.
The Project is a Master Plan improvement fully funded by development impact fees. The Project will install 7,000 linear feet of 20-inch and 24-inch potable water transmission pipeline along the east side of S. Lammers Road, from Redbridge Road to Ellis Town Drive (see Location Map in Attachment A) and extend the recycled water pipeline in Lammers seventy feet to the south side of the Byron Bethany Irrigation District (BBID) canal at W. Schulte Road. The new potable water pipeline will provide a dedicated water main from the John Jones Water Treatment Plant to the Zone 3 water service area and serve the properties in the Ellis and International Park of Agenda Item 1.I
December 3, 2024
Commerce (IPC) Developments. The IPC Zone 3 areas are c urrently being supplied with water through the Zone 2 supply mains. The extension of the recycled water main will be installed concurrently with the potable water main, under the BBID canal, to help reduce costs and traffic impacts. The recycled pipeline extension will be connected to the pipelines planned for installation as part of CIP 74168, the Recycled Water Expansion Project.
The Project is primarily in unincorporated Tracy, under the San Joaquin County (County) jurisdictional authority. The County encroachment permit will require that two-way traffic be maintained on S. Lammers Road thr oughout construction, although roadway closures may be necessary for installation of the pipeline under-crossings at the Union Pacific Rail Road (UPRR) tracks and the Byron Bethany Irrigation District (BBID) canal. The County is allowing for a limited number of road closures on weekend days during daytime work hours only at the UPRR crossing.
Staff prepared the plans, specifications and bid documents for the construction of the Project and advertised for competitive bids on August 9, 2024. Nine bids were received and publicly opened on September 11, 2024, at 2:00 p.m. with the following results:
Contractor City Base Bid Amount
ARB, Inc. Lake Forest $5,699,093.85
Teichert Construction Stockton $5,823,000.00
Mozingo Construction, Inc. Oakdale $6,222,625,00
Cratus, Inc. San Francisco $6,712,061.25
Garney Pacific, Inc. Tracy $6,808,880.00
Knife River Construction, Inc. Stockton $7,089,635.00
Preston Pipelined Infrastructure, Inc, Milpitas $7,150,000.00 DPI, Inc. Livermore $7,317,185.00
KJ Woods Construction, Inc. South San Francisco $8,188,000.00 On June 23, 2023, a Request for Proposals (RFP) was issued for Construction Management Services for Project, seeking proposals from qualified construction management experts for the Project. The goal of the RFP was to find consultants who had the know ledge that the City could depend on for risk management and to help guide the overall construction for this Project.
The City received only one proposal from the Consultant prior to the submittal deadline, in response to the RFP. City staff reviewed the proposal and after a comprehensive evaluation, Consultant was determined to be qualified to meet the needs of the City and demonstrated the competence and professional qualifications necessary to per form the required services.
Cons
truction work is anticipated to begin in early in 2025, depending on the availability of pipe materials, and will continue through the summer.
Prior to the start of construction, Public Outreach about the construction timeline will be distributed by mail to impacted residents on Lammers Road, the homeowners associations of Redbridge and Ellis, and posted on social media. The Consultant will provide on-going public outreach information throughout construction and provide updates about traffic controls, temporary road closures, and construction progress that will be coordinated with the City’s Public Information Officer, posted on social media, and coordinated with the City’s Engineering, Transit, Operations, and Police Departments and with the South San Joaquin County Fire Authority.
Agenda Item 1.I
December 3, 2024
ANALYSIS
Authorize Award of Construction Contract
The lowest bidder, ARB, Inc. of Lake Forest, California, is responsive and responsible. The bidder has the appropriate contractor’s license in active standing with the State of California and has completed similar projects.
The total estimated cost of this Project, including the contract amount, includes a 10% construction contract contingency which staff is recommending the City Manager be authorized to implement as needed. City costs related to staff time, construction management and inspection, encroachment permits, design support and all soft costs related to the construction contract, if awarded to ARB, Inc., include the following:
Construction Base Bid $ 5,699,094
Contingency (10%) $ 569,909
Construction Management – West Yost $ 522,542
Design Support During Construction (5%) $ 284,955
Staff time, permit fees, materials testing, etc. $ 150,000 Total $ 7,226,500
Staff is
seeking City Council authorization of a contingency amount of $569,909, representing ten (10) percent of the Construction Contract Cost. Tracy Municipal Code Section 2.20.090(b) authorizes the City Manager to approve change orders up to the contingency amount approved by City Council.
Author
ize a Professional Services Agreement
Construction management is critical and required service for all City CIPs. Construction management services include the effective management of the project’s schedule, cost, quality, safety, scope, public outreach, and to provide the staffing and expertise to provide those services. Hiring a qualified consultant, with extensive related experience is the desired approach for construction management. Many public projects utilize outside consultants for construction management services, which allows the City to rely on industry experts. Staff recommends retaining services of Consultant. Consultant will perform the requisite services and generally provide the necessary oversight and ensure quality assurance and quality control for the duration of the Project.
The Consul
tant has provided professional services to the City on various water-related projects that have included water analysis and design services throughout several City Departments since 1992. Currently, there are existing separate Professional Services Agreements with the Consultant for the Recycled Water Expansion Project, CIP 74168, for Construction Management Services, approved by City Council on March 5, 2024, under Resolution No. 2024-026, and Program Management, Consultant Management, and Grant Administration Services, approved by City Council on March 7, 2023, under Resolution 2023-042. At no time has the Consultant participated in or directed any portion of the RFP process for the proposed construction management services PSA.
The negotiated fee for
construction management services in the Professional Services Agreement is $522,542 which includes the following:
Agenda Item 1.I
December 3, 2024
Task Fee
1. Pre-Construction Phase $ 28,146
2. Plan Check & Bidding Phase $ 5,948
3. Construction Phase $ 432,440
4. Project Close Out and Post Construction
Phase
$ 21,320
5. Public Outreach $ 22,068
6. ODC – Vehicle and Annual Rate Increase $ 12,620
Total Not-to-Exceed Amount $ 522,542
FISCAL IMPACT
The Lammers 20-Inch Water Main Project, CIP 75160, has an approved budget of $8,257,950 and a current available balance of $7,843,396. The Project is a Master Plan improvement fully funded by development impact fees. There are sufficient funds in the CIP to award the construction contract the Professional Services Agreement for construction management in the project as follows:
Funding Source Budget Expenses Balance
365 - Water Master Plan Fees $ 7,878,822 $ 414,554 $ 7,464,268 368 - Recycled Water Master Plan Fees $ 379,128 $ - $ 379,128 Totals $ 8,257,950 $ 414,554 $ 7,843,396
COORDINATION
The Utilities Department has coordinated with Engineering, Public Works, TRACER, Tracy Unified School District, South San Joaquin County Fire Authority, and San Joaquin County Public Works during design of the Project.
Initial public outreach about the construction timeline, traffic controls and temporary road closures is being distributed by mail to i mpacted residents on Lammers Road and to the homeowners associations of Redbridge and Ellis. On-going project timeline updates, traffic impacts and other updates will be posted on social media throughout construction.
CEQA DETERMINATION AND NEPA
A Notice of Exemption was issued on March 6, 2023. The Project is exempt pursuant to categorical exemptions
per CEQA Guidelines §15301 (b) for publicly owned utilities used to provide electric power, natural gas, sewerage, or other public utility services. The proposed actions are for the implementation of the Project.
STRATEGIC PLAN
Thi
s 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 delivery of safe and clean water.
Agenda Item 1.I
December 3, 2024
ACTION REQUESTED OF THE COUNCIL
Staff recommends that the City Council adopt the following resolutions:
(1) (A) A
warding a Construction Contract to ARB, Inc., of Lake Forest, California, in the amount of $5,699,094 for construction of the Lammers 20-Inch Water Main Project, Capital Improvement Project 75160 (Project); (B) Authorizing the City Manager to approve change orders up to the contingency amount of $569,909; and (C) Authorizing a Project Not-to-Exceed Construction Budget of $7,226,500; and
(2) (A) A
pproving the execution of a Professional Services Agreement with West Yost Associates, Inc. for Construction Management Services for the Project, for a total not-to-exceed amount of $522,542 for a term of one year; and (B) Authorizing the City Manager to approve an administrative extension of one year, if needed.
Prepared by
: Ilene Macintire, PE, Senior Civil Engineer
Review
ed by: Koosun Kim, City Engineer
Stephanie Reyna-Hiestand, Assistant Director of Utilities Karin Schnaider, Assistant City Manager
Sara Castro, Director of Finance
Bijal M. Patel, City Attorney
Approved by: Karin Schnaider, Acting City Manager
Attac
hments
A – Location Map
B - Draft Contract
C – Professional Services Agreement with West Yost Associates, Inc.
West Yost – November 2023 A - vi City of Tracy
404-30-20-57 Location Map Lammers Road Water Main
City CIP No. 75160
LOCATION MAP
City of Tracy
Attachment A
Lammers Road Water Main Project CONTRACT
CIP 75160 C-1
Contract
This
public works contract (“Contract”) is entered into by and between the City of Tracy (“City”) and ARB, Inc., of Lake Forest, California (“Contractor”) for work on the Lammers Road Water Main Project (“Project”), CIP 75160.
The part
ies agree as follows:
1. Awa
rd of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On October 15, 2024, City authorized award of this Contract ___________ to Contractor for the amount of Contractor’s bid.
2. Con
tract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the following (subject to the order of precedence in Section 3.2 of the General Conditions):
2.1 Not
ice Inviting Bids;
2.2 Instructions to Bidders;
2.3 Addenda, if any;
2.4 Bid Proposal and attachments thereto;
2.5 Contract;
2.6 Payment, Performance and Warranty Bonds;
2.7 General Conditions;
2.8 Special Conditions;
2.9 Project Drawings and Specifications;
2.10 Change Orders and Contract amendments, if any;
2.11 Notice of Award;
2.12 Notice to Proceed; and
2.13 The following: No other documents.
3. Con
tractor’s Obligations. Contractor agrees to perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.
4. Paymen
t. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor five million, six hundred ninety-nine thousand, ninety three dollars and eighty five cents, ($ 5,699,093.85) (the “Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.
5. Tim
e for Completion. Contractor will complete the Work for the Project within two hundred and fifty (250) contract days from the commencement date given in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.
6. Liq
uidated Damages. If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $2,600 for each contract day of unexcused delay in completion, and the Contract Price will be reduced accordingly.
Attachment B
Lammers Road Water Main Project CONTRACT
CIP 75160 C-2
7. Lab
or Code Compliance.
7.1 Gen
eral. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance. Contractor shall comply with all other applicable federal, state, and local laws, regulations and policies pertaining to labor standards insofar as those laws, regulations and policies apply to the performance of this Contract, including any applicable City employment requirements, including but not limited to, the City’s Local Hiring Policy (attached as Exhibit 1 to this Contract).
7.2 Pr
evailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.
7.3 DI
R Registration. City will not enter into the Contract with a bidder, without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work under Labor Code section 1725.5, subject to limited legal exceptions.
8. Wor
kers’ Compensation Certification. Under Labor Code section 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code section 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”
9. Con
flicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or policy or in violation of any California law, including under Government Code section 1090 et seq. and under the Political Reform Act as set forth in Government Code section 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.
10. Ind
ependent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.
11. No
tice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF (or comparable) file.
Notice is deemed effective upon delivery unless otherwise specified. Notice for each party must be given as follows:
Cit
y:
Devel
opment Services Department, Engineering
Attn: City Engineer / Miguel Hernandez, Construction Project Manager Address: 333 Civic Center Plaza
City/State/Zip: Tracy, CA 95376
Email: [email protected]
Lammers Road Water Main Project CONTRACT
CIP 75160 C-3
Copy to: Adrianne Richardson, City Clerk
Con
tractor:
Name: ARB,
Inc.
Address: 26000 Commercentre Drive
City/State/Zip: Lake Forest, CA 92630
Phone: 949-598-9242
Attn: Kevin Downs, Regional Operations Manager,
Email: [email protected]
Copy to: [email protected]
12. Gener
al Provisions.
12.1 Ass
ignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.
12.2 Thi
rd Party Beneficiaries. There are no intended third party beneficiaries to this Contract except as expressly provided in the General Conditions or Special Conditions.
12.3 Gov
erning Law and Venue. This Contract will be governed by California law and venue will be in the Superior Court of San Joaquin County, and no other place.
12.4 Ame
ndment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.
12.5 Inte
gration; Severability. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. If any provision of the Contract Documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract Documents will remain in effect.
12.6 Auth
orization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, at least two signatures are required pursuant to California Corporation Code section 313: (1) one from an officer on the operations side of the corporation (such as president, vice president, chief operating officer, etc.); and (2) one from the finance side of the corporation (such as the chief financial officer, treasurer, etc.) or from the corporate secretary.
Alternatively, if only one signature will be obtained from a corporation, attach the corporate resolution authorizing that individual to bind the corporation to contracts. [Si
gnatures are on the following page.]
Lammers Road Water Main Project CONTRACT
CIP 75160 C-4
The part
ies agree to this Contract as witnessed by the signatures below:
CITY:
Approved as to form:
s/____
___________________________ s/_________________________ __________
______________________ __________________________
Name/Title [print] Name/City Attorney
Date:
___________________________ Date: _____________________ Attes
t:
s/____
_____________________, City Clerk
Name [print]
Date:
_______________
CONTRA
CTOR: ARB, Inc.
Business Name
s/__________
_____________________ Seal:
Mark Borges, Vice President
Name/Title [print]
Date:
____________________________
Secon
d Signature (See Section 12.6):
s/____
___________________________
Chris Anderson, Vice President
Name/Title [print]
Date:
____________________________
194079 March 31, 2025
Contractor’s California License Number(s) and Expiration Date(s) END OF
CONTRACT
CITY OF TRACY
PROFESSIONAL SERVICES AGREEMENT WITH
WEST YOST ASSOCIATES, INC. FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE LAMMERS 20-INCH WATER MAIN PROJECT, CIP 75160
This Prof
essional Services Agreement (Agreement) is entered into between the City of Tracy, a municipal corporation (City), and West Yost Associates, Inc., a California Corporation (Consultant).
City and Consultant are referred to individually as “Party” and collectively as “Parties.” Recitals
A. City desires to retain a Consultant to provide Construction Management Services (Services) for the Lammers 20-Inch Water
Main Project, CIP 75160, (Project) and to carry out the services set forth in Exhibit
A, which is attached hereto and incorporated herein by this reference (as further defined elsewhere in this Agreement, Services or Project); and B. On June 23, 2023, the City issued a Request for Proposals (RFP) for the City’s Lammers 20” Water Main Project, CIP 75160. Prior to the submittal due date, the City staff was contacted by four (4) consulting firms interested in submitting a proposal for the Project, however, prior to the submittal due date,
two firms contacted City staff stating that they were not able to propose on the project due to
staffing shortages; and
C. On July 6, 2023, the City received one proposal. A panel of three City staff members from two departments reviewed the proposals and determined that the Consultant demonstrated the competence and professional qualifications necessary for the satisfactory performance of the required services, and possessed the skills, experience and certifications required to provide the services.
D. 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.
E. This Agreement
is being executed pursuant to Resolution No. ___________, which was adopted by the
City of Tracy’s City Council on December 3, 2024.
Now ther
efore, the Parties mutually agree as follows:
1. Scope of Work. Consultant shall perform the Services, including those described in Exhibit “A”.
The Services shall be performed by, or under the direct supervision of, Consultant’s Authorized Representative: J.P. Davis, Project Manager. Consultant shall not replace its Authorized Representative or 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 or uses any such subcontractor or subconsultant.
2. Time of Performance. Time is of the critical importance in the performance of the Scope of Work under this Agreement and the timing requirements set forth herein shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. If dates for performance are set out in Exhibit A, Consultant shall begin performance, and shall complete all required Scope of Work 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 Consultant in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the Consultant. If Exhibit A indicates that Scope of Work shall only be performed upon request, or if the City otherwise communicates the same to Consultant, Consultant shall not perform said Scope of Work until the City requests such performance. Consultant shall submit all requests for time extensions to the City in writing no later than ten (10) days after the start of the condition which purportedly caused the delay, Attachment C
Professional Services Agreement between:
The City of Tracy and West Yost Associates, Inc.
and not later than the date on which performance is due. The City may grant or deny such requests in its sole and absolute discretion.
2.1 Term. The term of this Agreement shall commence on December 3, 2024 and expire and terminate automatically on June 20, 2026 or earlier by termination pursuant to Section 6 of this Agreement (“Term”). Subject to the Not-To-Exceed Amount defined in Section 3.1, the Term of this Agreement may be extended with express written amendment incorporating this Agreement signed by both Parties and one
of the following City approvals: (a) City Council approval or (b) City Manager approval. An administrative extension of this Agreement by City Manager shall be limited to an additional term of one (1) year and require written determination by the City Manager that Consultant has satisfactorily
met all the requirements of this Agreement.
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 Agreem
ent.
3.1 Not to Exceed Amount. Consultant’s total compensation under this Agreement shall not exceed $522,542. Consultant’s billing rates shall cover all costs and expenses for Consultant’s performance of this Agreement. 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 the Services approved by the City. It is understood and agreed that Consultant may not receive compensation up to this amount, and Consultant’s total compensation under this Agreem
ent will depend on the scope of the Services approved by the City.
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. Notwithstanding the foregoing provision, the payment of any funds under this Agreement shall be subject to the City of Tracy’s appropriation of funds for the Services. Thi s Agreement shall terminate in the event that such funds are not appropriated.
3.2 Invoices
. Consultant shall submit monthly invoice(s) to the City that describe the services performed, including locations, zone, times, dates, and names of persons performing the services.
3.2.1 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 meeting the applicable standard of care in providing services 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 Consul
tant 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.
Professional Services Agreement between:
The City of Tracy and West Yost Associates, Inc.
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, and reimburse the City for, any and all liabilities, obligations, losses, damages, injunctions, suits, actions, fines, penalties, claims, demands, administrative and judicial proceedings and order, judgments, remedial action requirements, costs and expenses of every kind or nature, and all costs and expenses incurred in connection therewith, including, without limitation, reasonable attorneys’ fees and court costs (“Claims”) arising directly or indirectly from or out of (including any and all related costs and expenses), relating or pertaining to or resulting from, in whole or in part, this Agreement; any act, omission, or event relating in any way to Consultant’s obligations under this Agreement; and/or Consultant’s breach of this Agreement, except to the extent such Claim is caused solely by the active negligence or willful misconduct of the City. In this Section 4, “City” means the City, its officials, officers, agents, employees and volunteers; “Consultant” means the Consultant, its employees, agents and subcontractors.
In t
he 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 and all Claims relating to or in connection with such a finding and/or determination.
The provi
sions of this section survive the expiration 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 the Scope of Work under this Agreement at the minimum levels set forth herein.
5.1 Com
mercial 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 Aut
omobile 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 Wor
kers’ Compensation coverage shall be maintained as required by the State of California.
5.4 Pr
ofessional 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 in excess of the Consultant’s insurance and shall not contribute with it.
Professional Services Agreement between:
The City of Tracy and West Yost Associates, Inc.
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 and, in any event, within five (5) days of such request.
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. T
ermination . The City may terminate this Agreement in its sole and absolute discretion by giving ten (10) 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, preliminary drafts and 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. D
ispute 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 mediator in any alternative dispute resolution process.
Professional Services Agreement between:
The City of Tracy and West Yost Associates, Inc.
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, upon termination of 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 Consultant Status. Consultant is an independent Consultant 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.
9.1 Non-E
xclusive 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 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.
10. Conflicts of Interest. Consultant (including its employees, agents, subcontractors 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 represents and confirms 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 Agreement, 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.
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.
Professional Services Agreement between:
The City of Tracy and West Yost Associates, Inc.
To City: To Consultant:
Wit
h a copy to:
City Attorney
333 Civic Center Plaza
Tracy, CA 95376
13. Miscellaneous .
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. Consultant makes no other representations and no warranties, whether express or implied, with respect to its services performed under this Agreement.
13.2 A
mendments. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both Parties.
13.3 Wai
vers. 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 Assi
gnment 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 Juri
sdiction 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 Com
pliance 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 in a manner consistent with the Standard of Care.
13.6.1 P
revailing 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 Consultants, subconsultants 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, City of Tracy
Office of Director for Operations & Utilities
520 S. Tracy Blvd
Tracy, CA 95376
[email protected]
Elizabeth Drayer, PE
West Yost Associates, Inc.
2020 Research Park Drive,
Suite 100
Davis, CA 95618
Professional Services Agreement between:
The City of Tracy and West Yost Associates, Inc.
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 subcontractor or 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 Busi
ness 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 that it is in good standing. If Consultant is suspended corporation at the time it enters this Agreement, City may take steps to have this Agreement declared voidable.
13.8 Busi
ness 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 Successor
s 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 Const
ruction 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 Sever
ability. 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 Cont
rolling 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 Ent
ire 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 Count
erparts. 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.
14. Signatures . The individuals executing this Agreement on behalf of Consultant represent and confirm 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]
Professional Services Agreement between:
The City of Tracy and West Yost Associates, Inc.
The Parties agree to the full performance of the terms set forth here.
City of Tracy
________________________________
By: Nancy D. Young
Title: Mayor
Dat
e: _______________________
Attest:
____________________________
Adrianne Richardson, City Clerk
Approved as to form:
_________________________________
Bijal M. Patel, City Attorney
West Yost Associates, Inc.
________________________________
By: Elizabeth T. Drayer, PE
Title: Vice Pre sident
Date: _______________________
Federal Employer Tax ID No. 63-0370826
________________________________
By: Lindsay Smith
Tit
le: Treasurer
Dat
e: _______________________
Exhibits:
A Scope of Work (See Agreement sections 1 and 2.)
B Com
pensation (See Agreement section 3.)
September 24, 2024
Professional Services Agreement between: Exhibit A
The City of Tracy and West Yost Associates, Inc.
EXHIBI
T A - Scope of Work
TAS
K 1 - Pre-Construction Phase
1.01 Construction Management Work Plan: Prepare a Construction Management Work Plan, which shall define the procedures and systems to receive, transmit, log, track, monitor, file and create reports for all construction correspondence and documents.
Such construction correspondence and documents shall include, but not be limited to daily inspection reports, shop drawings/construction submittals, Contractor’s requests for information, general correspondence, design change notices, contract change orders, project schedules, test reports, construction progress photos, and other documents necessary to administer the construction contract.
1.02 Construction Management Coordination: General coordination with City and its project team including, but not limited to, virtually attending weekly coordination meetings as requested. City project team includes project program manager, grant administrator, and design engineers.
1.03 Construction Schedule: Develop, manage, and maintain a detailed project schedule for the construction phase activities of the project utilizing a software program that is based on the critical path method of scheduling. The schedule shall reflect the project design and construction milestones. The CM shall identify the software they propose to utilize for the construction schedule in their proposal.
1.04 Coordination / Engineering Review: Continuously review the contract document submissions and provide written comments on adherence to the project requirements, schedule, and constructability. Continuous reviews shall be as determined by the City and program manager. Formal submittals shall be reviewed according to the following schedule, but will be dependent on the timing of project advertisement:
a. 100% Construction Documents / Plan Check (depending on advertisement timing) b. Backcheck/Bid Set (1-week Review Period)
TASK 2 - Plan Check & Bidding Phase
2.01 Addenda Review: Administer the addenda process and provide a review of each addendum during the bid phase for time, cost, and constructability impact, and make appropriate comments and recommendations.
2.02 Bid Review, Evaluation, and Recommendations: The CM shall assist the City as requested with the bid documents, the bid openings, and evaluation of the bids for completeness, full responsiveness and price, including alternate prices and unit prices (as applicable). Make a formal report to the City regarding the potential award of the contracts, receive the bids, review the bids and prepare a bid evaluation and recommendations for the selection of bidders. Assemble and organize the contracts as required to perform the work by the plans and specifications for the Project. All construction work for the Project shall be competitively bid when required by law and awarded in no more than 90 days in accordance with normal requirements for general contractors. If the Project is funded with any State or Federal funds, CM shall comply with all applicable requirements.
TASK 3 - Construction Phase
3.01 Mobilization: Coordinate with the contractor for proper set up and organization of field office. Office space for the CM will be provided by the contractor.
3.02 Pre-Construction Conference(s): Conduct, in conjunction with the City and design consultants, pre-construction orientation conference(s) for the benefit of the Professional Services Agreement between: Exhibit A
The City of Tracy and West Yost Associates, Inc.
successful contractors and orient the contractors to the various reporting procedures and site rules prior to the commencement of actual construction.
3.03 Contract Administration: In cooperation with the City, administer the construction contracts. Coordinate the mobilization of all contractors and shall coordinate construction sequencing. In addition, provide management and related services as required to coordinate work of the contractors with each other and the activities and responsibilities of the City and its project team to complete the Project in accordance with the contract documents. Support the City with conformance with its State funding agreement.
3.04 Submittal Procedures: Establish and implement procedures with the City and its project team to coordinate and review shop drawing submittals, requests for information, samples, product data, change orders, payment requests, material delivery dates, labor compliance documentation, and other procedures. Maintain logs, files and other necessary documentation. Establish a procedure for and collect certified payroll from the contractors for the Project.
3.05 Meetings: Coordinate and conduct pre-construction, construction, and job-site progress meetings with the contractors, the City, and the project team as needed.
Record, transcribe and distribute meeting minutes to all attendees, the City, and all other appropriate parties. Assist in the resolution of any technical construction issues.
3.06 Quality Assurance/Quality Control (QA/QC): Establish and implement a QA/QC management plan for the Project which includes steps to observe, verify and document the specified level of construction quality.
3.07 Coordination of Technical Inspection and Testing: Assist the City in selecting any special consultants or testing laboratories. Coordinate all testing required by the Contract Documents, design engineers, or other third parties with the special consultants.
3.08 Construction Observation: Ensure the construction conforms to the approved plans and specifications. Coordinate with the City on call surveyor to verify contractor construction staking as needed. Observe that the materials and equipment being incorporated into the work are handled, stored, and installed properly and adequately and are in compliance with the contract documents for the Project. Guard against defects and deficiencies and advise the City of any deviations, defects, or deficiencies observed in the work.
3.09 Non-Conforming Work: Review contractor's recommendations for corrective action on observed nonconforming work. Make recommendations to the City and its project team in instances where the CM observes work that is defective or not in conformance with the contract documents. Observe the contractor's work to verify that all authorized changes are properly incorporated in the Project.
3.10 Exercise of Contract Prerogatives: Advise the City and make recommendations for exercising the City's Contract prerogatives, such as giving the contractor notice to accelerate the progress when the schedule goals are in jeopardy due to contractor failings, withholding payment for cause and other prerogatives when required in an effort to achieve Contract compliance.
3.11 Endorsements of Insurance; Performance and Payment Bonds: Prior to contractors commencing any work on the Project, the CM shall obtain from the contractors and review for compliance with the contract documents the required insurance policy endorsements, including additional insured endorsements, the certificates of liability insurance and the faithful performance and payment bonds and after review and correction of any deficiencies in these documents forward them to the City. Further, the CM shall insure that contractors maintain in effect the required insurance and Professional Services Agreement between: Exhibit A
The City of Tracy and West Yost Associates, Inc.
bonds during their work on the Project and shall review any subsequent renewals or changes in insurance or bonds.
3.12 Progress Review: Keep a daily log containing a record of weather, the contractors working on the site, number of workers, work accomplished, problems encountered, and other relevant data or such additional data as the City may require. Activities shall be assigned percentage-complete values. The report shall reflect actual progress as compared to scheduled progress and note any variances. The CM shall identify problems encountered in accomplishing the work and recommend appropriate action to the City to resolve these problems with a minimum effect on the timely completion of the Project. If requested by the City, the CM shall assist the contractor(s) in preparing a recovery schedule. The recovery schedule shall reflect the corrective action costs (if any) and efforts to be undertaken by the contractor(s) to recapture lost time. This recovery schedule shall be distributed to the contractor(s), the City, program manager, and other appropriate parties. The report shall be delivered to the City upon completion of the Project.
3.13 Maintain On-Site Records: Develop and implement a comprehensive document management program. Ensure that records are maintained by the Contractor at the Project site, on a current basis: a record copy of all Contracts, drawings, specifications, addenda, change orders and other modifications, in good order and marked to record all changes made during construction; shop drawings; product data; samples; submittals; purchases; materials; equipment; and applicable handbooks and are ready for review by the City; maintenance and operating manuals and instructions; other related documents and revisions which arise out of the Contracts.
At the completion of the Project, deliver all such records to the City and design engineer for preparation of record drawings, after which the record drawings shall be delivered to the City.
3.14 Schedule of Values and Processing of Payments: Review and recommend the Contractor's schedule of values for each of the activities included in that contractor's schedule of events. Review with the City and make recommendations to the City pertaining to payments to the contractors.
3.15 Evaluate Change Order Proposal Costs: Evaluate contractors' costs for proposed change orders and make a recommendation to the City regarding the acceptance of any proposals for a change order. The City and the project team will assist the CM in negotiating any change order costs and time extensions.
3.16 Change Order Reports: Ensure that all changes to any of the Contracts between the City and a contractor shall be by change order executed by the City. Prepare and distribute change order reports on a monthly basis. Identify their effect on the Contract price and Master Project Schedule.
3.17 Contractor Claims: Review with City and program manager all notices of claims and claims submitted by contractors against the City for any alleged cause. Perform an evaluation of the contents of such claim and make recommendations to the City before the time period established by law for City response to such claims has lapsed.
If requested by the City, prepare estimates and alternate estimates based on varying scenarios of the claim cause. These estimates shall be transferred to the City and shall be used in claim rulings and negotiations. If requested by the City, negotiate claims with the contractor(s) on behalf of the City.
3.18 Project Status Reports: Prepare and distribute monthly a Project Status Report that shall include a report and update of all key items required to adequately manage the Project. A monthly construction summary shall be incorporated into the dedicated Project website, as discussed in Section e below.
Professional Services Agreement between: Exhibit A
The City of Tracy and West Yost Associates, Inc.
3.19 Accounting Records: Establish and administer an appropriate Project accounting system in conjunction with the City and maintain cost accounting records on authorized work performed under unit costs, additional work performed on the basis of actual costs of labor and materials, or other work requiring accounting records.
3.20 Permits: Assist the City in obtaining all necessary permits for the Project, including without limitation, encroachment permits.
3.21 Initial Start-up and Testing: With the City project team and the City's maintenance personnel, observe the contractors' proper installation of utilities, operational systems and equipment for readiness and assist in their initial start-up and testing for the Project.
3.22 Storm Water Pollution Plan: Monitor stormwater BMPs on the construction site and direct the contractor to address any deficiencies.
TASK 4 - Project Close-Out and Post Construction Phase
4.01 User Training: The CM shall schedule and document all City training sessions, and arrange for supplementary information where needed, and arrange for manufacturers to provide training for maintenance and operations personnel.
4.02 Punch Lists: In conjunction with the City and program manager, develop, schedule, and verify completion of any outstanding punch list of incomplete or non-conforming work. Assist the City in determining when the Project or a designated portion thereof is complete. Prepare a summary of the status of the work of each contractor, listing changes in the previously issued Punch-list and recommending the times within which contractors shall complete the uncompleted items on the Punch-list.
4.03 Equipment Instruction Manuals, Warranties, and Releases: Obtain all written material such as operations and maintenance manuals, warranties, affidavits, releases, bonds, waivers, and guarantees for all equipment installed in the Project. All such materials, including equipment instruction material, keys, and documents shall be reviewed and delivered to the City.
4.04 Project As-Builts, Close Out, and Warranties: Review contractual requirements for record documents, including record drawings, close out documentation and warranties, and obtain and compile all required documentation for delivery to the City. Make recommendations for adequate withholding of retention in the event that a contractor fails to provide acceptable record documents.
4.05 Final Claims Releases: Obtain final claim releases, including release of any stop notices, from the Contractors as required by the contracts and State law.
4.06 Final Project Report and Payment: Prepare the final payment documentation for prime contractors, and provide a final report to the City that includes:
a. A financial summary of all construction contracting, change orders, construction manager, consultant services, FF&E, and other costs associated with the Project. b. A construction summary with final schedule review and update. c. A final acceptance summary with signed receipts from City staff of all close out document submittals.
d. A final acceptance of receipt of all FF&E.
4.07 Year-End Walk Through: Conduct a year-end walk through immediately prior to the expiration of the warranty period and ensure completion of noted items at no additional cost to the City.
Professional Services Agreement between: Exhibit A
The City of Tracy and West Yost Associates, Inc.
TASK 5 - Public Outreach:
5.01 Public Relations Activities: Assist the City in public relations including, but not limited to, preparation of Project information and attending internal meetings as required, including site meetings. The CM shall be the point of contact for the community during all phases of construction in regard to any complaints, questions, safety issues, noise problems, dust problems, and similar matters.
5.02 Digital / Online Outreach: The City will have a project-specific website for this project.
Assist with maintaining Project related social media, community outreach, coordination of community engagement events and presentations, maintaining community engagement and interested parties database.
Subcons
ultant work will be discussed with the Consultant and if it is determined to be beneficial and necessary, will be required to be approved in writing by the City prior to the start of any work.
Addit
ional work not identified by these tasks may be determined to be required during the Project. Any additional work must be approved by the City in writing prior to the commencement of tasks not identified above.
Exhibit B.
Professional Services Agreement between:
The City of Tracy and
West Yost Associates, Inc.
EXHIBIT B – Compensation
*A detailed breakdown of fees
by hours and billing rates are attached as Exhibit B-1.
Task Fee
1. Pre-Construction Phase $ 28,146
2. Plan Check & Bidding Phase $ 5,948
3. Construction Phase $ 432,440
4. Project Close Out and Post
Construction Phase
$ 21,320
5. Public Outreach $ 22,068
6. ODC – Vehicle and Annual Rate
Increase
$ 12,620
Total Not-to-Exceed Amount $ 522,542
Principal Construction
Manager I
V
Construction
Manager IV
Construction
Manager II
Resident
Inspector
(Prevailing W
age
- Group 2)
Technical
Anal
yst II
Technical
Analyst I QC Review
Costs
West Yost Associat
es P CM IV CM IV CM II RI_G2 TA II TA I P Hours Fee BSK CPT BTE ASD DKS Sub. Other Total $373 $303 $303 $226 $235 $168 $141 $373 Materials Testing/ Public Trenchless Schedule/Claims w/ markup Direct Costs PROJECT: City of Tracy Lammers Rd 20-in. Water Main Project CM&I-Rev1 Elizabeth JP Ted Michaella Dan/Steve Amy Raven Elizabeth Special Inspection Outreach Pipe Specialist Specialist - Pipe 10% Task 1 Pre-Construction Phase
1.01 Construction Management Work Plan 4 8 8 16 2 38 8,878$ 8,878$
1.02 Construction Management Coordination 4 8 16 28 7,252$ 7,252$
1.03 Construction Schedule 2 8 8 18 4,838$ 1,000$ 1,100$ 5,938$
1.04 Coordination/Enginee
ring Review 2 8 8 18 4,978$ 1,000$ 1,100$ 6,078$ Subtotal, Task 1 (hours) 2 10 32 40 0 16 0 2 102
Subtotal, Task 1 ($) 746 $ 3,030$ 9,696$ 9,040$ 2,688$ 746$ 25,946$ 2,000$ 2,200$ 28,146$ Task 2 Plan Check & Bidding Phase
2.01 Addenda Review 8 8 2,424$ 500$ 550$ 2,974$
2.02 Bid Review, Eva
luation, and Recommendations 8 8 2,424$ 500$ 550$ 2,974$
Subtotal, Task 2 (hours) 0 0 16 0 0 0 0 0 16
Subtotal, Task 2 ($) 4,848$ 4,848$ 1,000$ 1,100$ 5,948$ Task 3 Construction Phase
3.01 Mobilization 2 4 4 8 18 3,794$ 3,794$
3.02 Pre-Construction Conferences 2 4 2 2 8 18 4,084$ 4,084$
3.03 Contract Administration 2 4 4 4 14 3,394$ 3,394$
3.04 Submittal Procedures 4 20 40 64 12,452$ 2,000$ 2,200$ 14,652$
3.05 Meetings 20 20 40 40 60 180 40,640$ 40,640$
3.06 Quality Assurance-Quality Control (QA/QC) 4 4 4 8 20 5,208$ 5,208$
3.07 Coordination of Technical Inspection and Testing 4 4 904$ 35,000$ 38,500$ 39,404$
3.08 Construction Observation 4 4 1000 1008 237,116$ 10,000$ 11,000$ 248,116$
3.09 Non-Conforming Work 2 2 4 8 16 3,996$ 3,996$
3.10 Exercise of Contract Prerogatives 2 2 4 8 2,116$ 500$ 550$ 2,666$
3.11 Endorsements of Insurance; Performance and Payment Bonds 2 4 6 1,510$ 500$ 550$ 2,060$
3.12 Progress Review 2 8 10 2,414$ 2,414$
3.13 Maintain On-Site Records 4 20 24 4,264$ 4,264$
3.14 Schedule of Values and Processing of Payments 4 10 24 48 86 14,272$ 14,272$
3.15 Evaluate Change Order Proposal Costs 2 4 24 30 7,242$ 500$ 550$ 7,792$
3.16 Change Order Reports 2 4 24 24 54 11,274$ 11,274$
3.17 Contractor Claims 2 4 8 14 3,626$ 500$ 550$ 4,176$
3.18 Project Status Reports 4 10 24 38 7,504$ 7,504$
3.19 Accounting Records 2 4 4 12 22 4,738$ 4,738$
3.20 Permits 4 4 8 2,116$ 2,116$
3.21 Initial Start-up and Testing 4 4 8 16 3,996$ 3,996$
3.22 Storm Water Polluti
on Plan 8 8 1,880$ 1,880$
Subtotal, Task 3 (hours) 0 40 82 194 1078 224 48 0 1666 Subtotal, Task 3 ($) 12,120$ 24,846$ 43,844$ 253,330$ 37,632$ 6,768$ 378,540$ 35,000$ 10,000$ 2,000$ 2,000$ 53,900$ 432,440$ Task 4 Project Close Out and Post Construction Phase
4.01 User Training 4 4 8 1,576$ 1,576$
4.02 Punch Lists 4 4 8 4 20 4,668$ 4,668$
4.03 Equipment Instruction Manuals, Warranties, and Releases 4 4 8 1,576$ 1,576$
4.04 Project As-Builts, Close Out, and Warranties 4 16 20 4,664$ 4,664$
4.05 Final Claims Releases 2 4 4 10 2,722$ 2,722$
4.06 Final Project Report and Payment 2 4 4 10 2,722$ 2,722$
4.07 Year-End Walk Throu
gh 2 2 4 4 2 14 3,392$ 3,392$
Subtotal, Task 4 (hours) 0 6 14 28 28 14 0 0 90
Subtotal, Task 4 ($) 1,818$ 4,242$ 6,328$ 6,580$ 2,352$ 21,320$ 21,320$ Task 5 Public Outreach
5.01 Public Relations Activities 8 16 24 5,568$ 12,000$ 13,200$ 18,768$
5.02 Digital/Online O
utreach 0 3,000$ 3,300$ 3,300$
Subtotal, Task 5 (hours) 0 0 0 8 16 0 0 0 24
Subtotal, Task 5 ($) 1,808$ 3,760$ 5,568$ 15,000$ 16,500$ 22,068$ Task 6 ODC
6.01 Vehicle 0 12,620$ 12,620$
6.02 Annual Rate Increa
se 0
Subtotal, Task 6 (hours) 0 0 0 0 0 0 0 0 0
Subtotal, Task 6 ($) 12,620$ 12,620$ TOTAL (hours) 2 56 144 270 1,122 254 48 2 1,898
TOTAL ($) 746 $ 16,968$ 43,632$ 61,020$ 263,670$ 42,672$ 6,768$ 746$ 436,222$ 35,000$ 15,000$ 10,000$ 5,000$ 2,000$ 73,700$ 12,620$ 522,542$ Labor
Exhibit B-1Professional Services Agreement between:
The City of Tracy and West Yost Associates, Inc.
(Effective
January 1, 2025, through December 31, 2025)*
POSITIONS
ENGINE
ERING
Principal/Vice
President $373
Engineer/Scientist/Geologist Manager I / II $352 / $369 Principal Engineer/
Scientist/Geologist I / II $317 / $338
Senior En
gineer/Scientist/Geologist I / II $286 / $300
Associate Engineer/
Scientist/Geologist I / II $237 / $255
Engineer/Scientist
/Geologist I / II $185 / $215
Engineering Aide $111
Fie
ld Monitoring Services $138
Administrative I / II / III / IV $102 / $127 / $152 / $168
ENGINEERIN
G TECHNOLOGY
Engineering Tech Man
ager I / II $366 / $369
Principal Tec
h Specialist I / II $336 / $348
Senior Tech Sp
ecialist I / II $308 / $321
Senior GIS An
alyst $278
GIS Analyst $264
Technical Specialist I / II / III / IV $196 / $224 / $251 / $280 Technical Analyst I / II $141 / $168
Technical Analyst Inte
rn $113
Cross-Connection Control Specialist I / II / III / IV $147 / $159 / $179 / $198 CAD Manager $222
CAD
Designer I / II $172 / $194
CONSTRUCTION MANAGEME
NT
Senior Con
struction Manager $355
Construction Manager I / II / III / IV $211 / $226 / $239 / $303 Resident Inspector
(Prevailing Wage Groups 4 / 3 / 2 / 1) $190 / $211 / $235 / $244 Apprentice Ins
pector $172
CM Administrative I / II $91 / $124
Field Serv
ices $244
2025
Billing Rate Schedule
LABOR CHARGES (DOLLARS
PER HOUR)
■ Hourly rates i
nclude charges for technology and communication, such as general and CAD computer software, telephone calls, routine in-house copies/prints, postage, miscellaneous supplies, and other incidental project expenses. ■ Outside services
, such as vendor reproductions, prints, and shipping; major West Yost reproduction efforts; as well as engineering supplies, etc., will be billed at the actual cost plus 15%. ■ The Federal Mile
age Rate will be used for mileage charges and will be based on the Federal Mileage Rate applicable to when the mileage costs were incurred. Travel other than mileage will be billed at cost. ■ Subconsultants will
be billed at actual cost plus 10%.
■ Expert witness
services, research, technical review, analysis, preparation, and meetings will be billed at 150% of standard hourly rates. Expert witness testimony and depositions will be billed at 200% of standard hourly rates. ■ A finance charge of 1.5% pe
r month (an annual rate of 18%) on the unpaid balance will be added to invoice amounts if not paid within 45 days from the date of the invoice. * This schedule i
s updated annually Page 1 of 2
Exhibit B-1Professional Services Agreement between:
The City
of Tracy and West Yost Associates, Inc.
(Effective
January 1, 2025, through December 31, 2025)*
Equipment Charges
EQUIPMENT
2" Purge Pump
& Control Box $300 / day
Aquacalc
/ Pygmy or AA Flow Meter $28 / day
Emergency SCADA Syste
m $35 / day
Field Vehicle
s (Groundwater) $1 / mile
Gas Detector $80 / day
Generator $60 / day
Hydrant Pressu
re Gauge $10 / day
Hydrant Pressu
re Recorder, Impulse (Transient) $55 / day
Hydrant Pressu
re Recorder, Standard $40 / day
Low Flow Pu
mp Back Pack $135 / day
Low Flow Pu
mp Controller $200 / day
Powers Water Level Mete
r $32 / day
Precision
Water Level Meter 300ft $30 / day
Precision
Water Level Meter 500ft $40 / day
Precision
Water Level Meter 700ft $45 / day
QED Sample Pro B
ladder Pump $65 / day
Skydio 2+ Dron
e (2 hour mimimum) $100 / hour
Storage Tan
k $20 / day
Sump Pump $24 / day
Transd
ucer Communications Cable $10 / day
Transd
ucer Components (per installation) $23 / day
Trimble GPS – Geo 7x $220 / day
Tube Length Coun
ter $22 / day
Turbidity M
eter $30 / day
Turbidity M
eter (2100Q Portable) $35 / day
Vehicle (Constru
ction Management) $10 / hour
Water Flow Pr
obe Meter $20 / day
Water Quality Mete
r $50 / day
Water Quality Mu
ltimeter $185 / day
Well Sounder $30 / day
BILLING RATE
S
2025
Billing Rate Schedule
* This schedule i
s updated annually Page 2 of 2
Exhibit B-1Professional Services Agreement between:
The City
of Tracy and West Yost Associates, Inc.
APPROVED AS TO FORM AND LEGALITY
________________________
CITY
ATTORNEY’S OFFICE
TRACY
CITY COUNCIL
RES
OLUTION NO. _______________
1(A) AWAR
DING A CONSTRUCTION CONTRACT TO ARB, INC. OF LAKE FOREST, CALIFORNIA, IN THE AMOUNT OF $5,699,094 FOR THE LAMMERS 20-INCH WATER MAIN PROJECT, CIP 75160; AND
1(B) APP
ROVING A CONTINGENCY AMOUNT OF $569,909 AND AUTHORIZING
THE CITY MANAGER TO APPROVE CONSTRUCTION CONTRACT CHANGE
ORDERS UP TO THE APPROVED CONTINGENCY AMOUNT, PURSUANT TO TRACY MUNICIPAL CODE SECTION 2.20.090(b); AND
1(C)
AUTHORIZING A PROJECT NOT-TO-EXCEED CONSTRUCTION BUDGET OF $7,226,500
WHEREAS, on June 4, 2019, City Council adopted Resolution No. 2019-116, authorizing the creation of a Capital Improvement Project (CIP) for the Lammers 20-Inch Water Main Project, CIP
75160; and
WHEREAS, on August 9, 2024, Staff prepared the plans, specifications and bid documents for the Lammers 20-Inch Water Main Project, CIP 75160, for competitive bids; bids were received and publicly opening on September 11, 2024 at 2:00 p.m., and resulted in the following bids:
Contractor City Bid Amount
ARB, Inc. Lake Forest $5,699,093.85
Teichert Construction Stockton $5,823,000.00
Mozingo Construction, Inc. Oakdale $6,222,625,00
Cratus, Inc. San Francisco $6,712,061.25
Garney Pacific, Inc. Tracy $6,808,880.00
Knife River Construction, Inc. Stockton $7,089,635.00
Preston Pipelined Infrastructure, Inc, Milpitas $7,150,000.00 DPI, Inc. Livermore $7,317,185.00
KJ Woods Construction, Inc. South San Francisco $8,188,000.00 ; and
WHEREAS, the lowest bidder, ARB, Inc. of Lake Forest, was determined to be the lowest responsible bidder, is responsive, has the appropriate contractor’s license in active standing with the State of California and has
completed similar projects; and
WHE
REAS, the Project has an approved budget of $8,257,950 and a currently available balance of $7,843.396; and
Resolution 2024-
NOW THEREFORE, be it
RESOLVED: That the City Council for the City of Tracy hereby finds the actions approved by
this resolution exempt from California Environmental Quality Act (CEQA) pursuant to
CEQA Guidelines §15301 (b) for publicly owned utilities used to provide electric power, natural gas
, sewerage, or other public utility services; and be it FURTHER RESOLVED: That
the City Council hereby awards a construction contract to ARB, Inc.,
of Lake Forest, California in the amount of $5,699,094 for the Lammers 20-Inch Water Main Project, CIP 75160; and be it
FURTHER RESOLVED: That the City Council hereby authorizes the City Manager to approve construction
contract change orders up to the contingency amount of $569,909 if needed, pursuant to Tracy Municipal Code Section 2.20.090(b); and be it FURTHER RESOLVED: That the City Council hereby authorizes the Not-to-Exceed Construction Budget of $7,226,500.
*
* * * * * * * * * * * *
The foregoing Resolution 2024-_____ was adopted by the Tracy City Council on the December 3, 2024, 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 ATTO
RNEY’S OFFICE
TRACY CITY
COUNCIL
RESOLU
TION NO. _______________
(1) APPROVING AND AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH WEST YOST ASSOCIATES, INC. FOR
CONSTRUCTION MANAGEMENT SERVICES FOR THE LAMMERS 20-I NCH WATER MAIN PROJECT, CIP 75160, FOR A TOTAL NOT-T O-EXCEED AMOUNT OF $522,542, AND
(2) AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT
WHEREAS, construction management is critical and a required service for all City capital improv
ement projects and includes effective management of the projects schedule, cost, quality, safety, scope, and function amongst other things; and
WHEREAS, the Lammers 20-I nch Water Main Project, CIP 75160 (Project), is an approved Capital Improvement Project that w ill install 7,000 linear feet of water transmission pipeline to the Zone 3 water service area; and
WHEREAS, following Tracy Municipal Code, Section 2.20.140, a Request for Proposals (RFP) was posted on the City website for Construction Management Services on June 23, 2023, seeking proposals from qualified construction management experts for the Project; and WHEREAS, the requested services include pre-c onstruction, bidding, construction management, inspection, post-c onstruction, and public outreach phases of the Project for the Project; and
WHEREAS, on July 13, 2023, t he City r eceived one proposal pr ior to the submittal deadline; and
WHEREAS, City staff reviewed the proposal and conducted a comprehensive evaluation, and found that West Yost Associates, Inc. ( Consultant) was qualified to meet the needs of the City and demonstrated the competence and professional qualifications necessary to perform the required services; and
WHEREAS, City staff recommends that City Council award a Professional Services Agreement for the Services with Consultant (Agreement); and WHEREAS, the negotiated fee for the Services under the Agreement is $522,542 which includes the following:
Task Fee
1. Pre-Construction Phase $ 28,146
2. Plan Check & Bidding Phase $ 5,948
3. Construction Phase $ 432,440
4. Project Close Out and Post Construction
Phase
$ 21,320
Resolution 2024-______
5. Public Outreach $ 22,068
6. ODC – Vehicle and Annual Rate Increase $ 12,620
Total Not-to-Exceed Amount $ 522,542
; and
WHEREAS, the Project (CIP 75160) is an approved Capital Improvement Project with a budget of $8,257,950, and there are sufficient funds available for the not-to-exceed amount of $522,542; and
WHEREAS, CIP 75160 is fully funded by the Water M aster Plan and Recycl ed Water Master Plan Fees; and
NOW, THEREFORE, be it
RESOLVED: That the City Council for the City of Tracy hereby finds the actions approved by this
Resolution will not result in a physical change in the environment and therefore is
not considered as a “project” as defined by Section 21065 of the Public Resources Code; and be it
FURTHER RESOLVED: This
action is consistent with the City’s Quality of Life Strategy and meets
the goals to ensure physical infrastructure and systems necessary for the delivery of safe and clean water; and be it
FURTHER RESOLVED:
That the City Council hereby approves and authorizes
the execution of the Professional Services Agreement with West Yost Associates, Inc., attached as
Exhibit 1 for the Services, which includes a total not-to-exceed amount of $522,542; and be it
FURTHER RESOLVED: After review and approval by the City Attorney, the Mayor may execute
the PSA. * * * * * * * *
* * * * *
The foregoing Resolution 2024-_____ was adopted by the Tracy City Council on December 3, 2024, by the following vote:
AYES: COUNCI
L 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
Exhibit 1 – PSA West Yost Associates for Construction Management Services CIP 75160
CITY OF TRACY
PROFESSIONAL SERVICES AGREEMENT WITH
WEST YOST ASSOCIATES, INC. FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE LAMMERS 20-INCH WATER MAIN PROJECT, CIP 75160
This Profes
sional Services Agreement (Agreement) is entered into between the City of Tracy, a municipal corporation (City), and West Yost Associates, Inc., a California Corporation (Consultant).
City and Consultant are referred to individually as “Party” and collectively as “Parties.” Recitals
A. City desires to retain a Consultant to provide Construction Management Services (Services) for the Lammers 20-Inch Water
Main Project, CIP 75160, (Project) and to carry out the services set forth in Exhibit A,
which is attached hereto and incorporated herein by this reference (as further defined elsewhere in this Agreement, Services or Project); and B. On June 23, 2023, the City issued a Request for Proposals (RFP) for the City’s Lammers 20” Water Main Project, CIP 75160. Prior to the submittal due date, the City staff was contacted by four (4) consulting firms interested in submitting a proposal for the Project, however, prior to the submittal due date, two
firms contacted City staff stating that they were not able to propose on the project due to staffing shortages;
and
C. On July 6, 2023, the City received one proposal. A panel of three City staff members from two departments reviewed the proposals and determined that the Consultant demonstrated the competence and professional qualifications necessary for the satisfactory performance of the required services, and possessed the skills, experience and certifications required to provide the services.
D. 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.
E. This Agreement is
being executed pursuant to Resolution No. ___________, which was adopted by the City
of Tracy’s City Council on December 3, 2024.
Now theref
ore, the Parties mutually agree as follows:
1. Scope of Work. Consultant shall perform the Services, including those described in Exhibit “A”.
The Services shall be performed by, or under the direct supervision of, Consultant’s Authorized Representative: J.P. Davis, Project Manager. Consultant shall not replace its Authorized Representative or 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 or uses any such subcontractor or subconsultant.
2. Time of Performance. Time is of the critical importance in the performance of the Scope of Work under this Agreement and the timing requirements set forth herein shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. If dates for performance are set out in Exhibit A, Consultant shall begin performance, and shall complete all required Scope of Work 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 Consultant in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the Consultant. If Exhibit A indicates that Scope of Work shall only be performed upon request, or if the City otherwise communicates the same to Consultant, Consultant shall not perform said Scope of Work until the City requests such performance. Consultant shall submit all requests for time extensions to the City in writing no later than ten (10) days after the start of the condition which purportedly caused the delay, Exhibit 1
Professional Services Agreement between:
The City of Tracy and West Yost Associates, Inc.
and not later than the date on which performance is due. The City may grant or deny such requests in its sole and absolute discretion.
2.1 Term. The term of this Agreement shall commence on December 3, 2024 and expire and terminate automatically on June 20, 2026 or earlier by termination pursuant to Section 6 of this Agreement (“Term”). Subject to the Not-To-Exceed Amount defined in Section 3.1, the Term of this Agreement may be extended with express written amendment incorporating this Agreement signed by both Parties and one
of the following City approvals: (a) City Council approval or (b) City Manager approval. An administrative extension of this Agreement by City Manager shall be limited to an additional term of one (1) year and require written determination by the City Manager that Consultant has satisfactorily
met all the requirements of this Agreement.
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 Agreem
ent.
3.1 Not to Exceed Amount. Consultant’s total compensation under this Agreement shall not exceed $522,542. Consultant’s billing rates shall cover all costs and expenses for Consultant’s performance of this Agreement. 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 the Services approved by the City. It is understood and agreed that Consultant may not receive compensation up to this amount, and Consultant’s total compensation under this Agreem
ent will depend on the scope of the Services approved by the City.
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. Notwithstanding the foregoing provision, the payment of any funds under this Agreement shall be subject to the City of Tracy’s appropriation of funds for the Services. Thi s Agreement shall terminate in the event that such funds are not appropriated.
3.2 Invoices
. Consultant shall submit monthly invoice(s) to the City that describe the services performed, including locations, zone, times, dates, and names of persons performing the services.
3.2.1 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 meeting the applicable standard of care in providing services 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 Consul
tant 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.
Professional Services Agreement between:
The City of Tracy and West Yost Associates, Inc.
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, and reimburse the City for, any and all liabilities, obligations, losses, damages, injunctions, suits, actions, fines, penalties, claims, demands, administrative and judicial proceedings and order, judgments, remedial action requirements, costs and expenses of every kind or nature, and all costs and expenses incurred in connection therewith, including, without limitation, reasonable attorneys’ fees and court costs (“Claims”) arising directly or indirectly from or out of (including any and all related costs and expenses), relating or pertaining to or resulting from, in whole or in part, this Agreement; any act, omission, or event relating in any way to Consultant’s obligations under this Agreement; and/or Consultant’s breach of this Agreement, except to the extent such Claim is caused solely by the active negligence or willful misconduct of the City. In this Section 4, “City” means the City, its officials, officers, agents, employees and volunteers; “Consultant” means the Consultant, its employees, agents and subcontractors.
In t
he 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 and all Claims relating to or in connection with such a finding and/or determination.
The provi
sions of this section survive the expiration 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 the Scope of Work under this Agreement at the minimum levels set forth herein.
5.1 Com
mercial 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 Aut
omobile 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 Wor
kers’ Compensation coverage shall be maintained as required by the State of California.
5.4 Pr
ofessional 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 in excess of the Consultant’s insurance and shall not contribute with it.
Professional Services Agreement between:
The City of Tracy and West Yost Associates, Inc.
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 and, in any event, within five (5) days of such request.
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 and absolute discretion by giving ten (10) 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, preliminary drafts and 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 E
ach Party shall designate a senior management or executive level representative to negotiate the dispute;
7.2 The repr
esentatives 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 m
ediation 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 Par
ties shall equally bear the costs of any third-party mediator in any alternative dispute resolution process.
Professional Services Agreement between:
The City of Tracy and West Yost Associates, Inc.
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, upon termination of 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 Consultant Status. Consultant is an independent Consultant 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.
9.1 Non-E
xclusive 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 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.
10. Conflicts of Interest. Consultant (including its employees, agents, subcontractors 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 represents and confirms 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 Agreement, 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.
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.
Professional Services Agreement between:
The City of Tracy and West Yost Associates, Inc.
To City: To Consultant:
Wit
h a copy to:
City Attorney
333 Civic Center Plaza
Tracy, CA 95376
13. Miscellaneous .
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. Consultant makes no other representations and no warranties, whether express or implied, with respect to its services performed under this Agreement.
13.2 A
mendments. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both Parties.
13.3 Wai
vers. 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 Assi
gnment 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 Juri
sdiction 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 Com
pliance 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 in a manner consistent with the Standard of Care.
13.6.1 P
revailing 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 Consultants, subconsultants 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, City of Tracy
Office of Director for Operations & Utilities
520 S. Tracy Blvd
Tracy, CA 95376
[email protected]
Elizabeth Drayer, PE
West Yost Associates, Inc.
2020 Research Park Drive,
Suite 100
Davis, CA 95618
Professional Services Agreement between:
The City of Tracy and West Yost Associates, Inc.
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 subcontractor or 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 Busi
ness 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 that it is in good standing. If Consultant is suspended corporation at the time it enters this Agreement, City may take steps to have this Agreement declared voidable.
13.8 Busi
ness 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 Successor
s 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 Const
ruction 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 Sever
ability. 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 Cont
rolling 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 Ent
ire 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 Count
erparts. 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.
14. Signatures . The individuals executing this Agreement on behalf of Consultant represent and confirm 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]
Professional Services Agreement between:
The City of Tracy and West Yost Associates, Inc.
The Parties agree to the full performance of the terms set forth here.
City of Tracy
________________________________
By: Nancy D. Young
Title: Mayor
Dat
e: _______________________
Attest:
____________________________
Adrianne Richardson, City Clerk
Approved as to form:
_________________________________
Bijal M. Patel, City Attorney
West Yost Associates, Inc.
________________________________
By: Elizabeth T. Drayer, PE
Title: Vice Pre sident
Date: _______________________
Federal Employer Tax ID No. 63-0370826
________________________________
By: Lindsay Smith
Tit
le: Treasurer
Dat
e: _______________________
Exhibits:
A Scope of Work (See Agreement sections 1 and 2.)
B Com
pensation (See Agreement section 3.)
September 24, 2024
Professional Services Agreement between: Exhibit A
The City of Tracy and West Yost Associates, Inc.
EXHIBI
T A - Scope of Work
TAS
K 1 - Pre-Construction Phase
1.01 Construction Management Work Plan: Prepare a Construction Management Work Plan, which shall define the procedures and systems to receive, transmit, log, track, monitor, file and create reports for all construction correspondence and documents.
Such construction correspondence and documents shall include, but not be limited to daily inspection reports, shop drawings/construction submittals, Contractor’s requests for information, general correspondence, design change notices, contract change orders, project schedules, test reports, construction progress photos, and other documents necessary to administer the construction contract.
1.02 Construction Management Coordination: General coordination with City and its project team including, but not limited to, virtually attending weekly coordination meetings as requested. City project team includes project program manager, grant administrator, and design engineers.
1.03 Construction Schedule: Develop, manage, and maintain a detailed project schedule for the construction phase activities of the project utilizing a software program that is based on the critical path method of scheduling. The schedule shall reflect the project design and construction milestones. The CM shall identify the software they propose to utilize for the construction schedule in their proposal.
1.04 Coordination / Engineering Review: Continuously review the contract document submissions and provide written comments on adherence to the project requirements, schedule, and constructability. Continuous reviews shall be as determined by the City and program manager. Formal submittals shall be reviewed according to the following schedule, but will be dependent on the timing of project advertisement:
a. 100% Construction Documents / Plan Check (depending on advertisement timing) b. Backcheck/Bid Set (1-week Review Period)
TASK 2 - Plan Check & Bidding Phase
2.01 Addenda Review: Administer the addenda process and provide a review of each addendum during the bid phase for time, cost, and constructability impact, and make appropriate comments and recommendations.
2.02 Bid Review, Evaluation, and Recommendations: The CM shall assist the City as requested with the bid documents, the bid openings, and evaluation of the bids for completeness, full responsiveness and price, including alternate prices and unit prices (as applicable). Make a formal report to the City regarding the potential award of the contracts, receive the bids, review the bids and prepare a bid evaluation and recommendations for the selection of bidders. Assemble and organize the contracts as required to perform the work by the plans and specifications for the Project. All construction work for the Project shall be competitively bid when required by law and awarded in no more than 90 days in accordance with normal requirements for general contractors. If the Project is funded with any State or Federal funds, CM shall comply with all applicable requirements.
TASK 3 - Construction Phase
3.01 Mobilization: Coordinate with the contractor for proper set up and organization of field office. Office space for the CM will be provided by the contractor.
3.02 Pre-Construction Conference(s): Conduct, in conjunction with the City and design consultants, pre-construction orientation conference(s) for the benefit of the Professional Services Agreement between: Exhibit A
The City of Tracy and West Yost Associates, Inc.
successful contractors and orient the contractors to the various reporting procedures and site rules prior to the commencement of actual construction.
3.03 Contract Administration: In cooperation with the City, administer the construction contracts. Coordinate the mobilization of all contractors and shall coordinate construction sequencing. In addition, provide management and related services as required to coordinate work of the contractors with each other and the activities and responsibilities of the City and its project team to complete the Project in accordance with the contract documents. Support the City with conformance with its State funding agreement.
3.04 Submittal Procedures: Establish and implement procedures with the City and its project team to coordinate and review shop drawing submittals, requests for information, samples, product data, change orders, payment requests, material delivery dates, labor compliance documentation, and other procedures. Maintain logs, files and other necessary documentation. Establish a procedure for and collect certified payroll from the contractors for the Project.
3.05 Meetings: Coordinate and conduct pre-construction, construction, and job-site progress meetings with the contractors, the City, and the project team as needed.
Record, transcribe and distribute meeting minutes to all attendees, the City, and all other appropriate parties. Assist in the resolution of any technical construction issues.
3.06 Quality Assurance/Quality Control (QA/QC): Establish and implement a QA/QC management plan for the Project which includes steps to observe, verify and document the specified level of construction quality.
3.07 Coordination of Technical Inspection and Testing: Assist the City in selecting any special consultants or testing laboratories. Coordinate all testing required by the Contract Documents, design engineers, or other third parties with the special consultants.
3.08 Construction Observation: Ensure the construction conforms to the approved plans and specifications. Coordinate with the City on call surveyor to verify contractor construction staking as needed. Observe that the materials and equipment being incorporated into the work are handled, stored, and installed properly and adequately and are in compliance with the contract documents for the Project. Guard against defects and deficiencies and advise the City of any deviations, defects, or deficiencies observed in the work.
3.09 Non-Conforming Work: Review contractor's recommendations for corrective action on observed nonconforming work. Make recommendations to the City and its project team in instances where the CM observes work that is defective or not in conformance with the contract documents. Observe the contractor's work to verify that all authorized changes are properly incorporated in the Project.
3.10 Exercise of Contract Prerogatives: Advise the City and make recommendations for exercising the City's Contract prerogatives, such as giving the contractor notice to accelerate the progress when the schedule goals are in jeopardy due to contractor failings, withholding payment for cause and other prerogatives when required in an effort to achieve Contract compliance.
3.11 Endorsements of Insurance; Performance and Payment Bonds: Prior to contractors commencing any work on the Project, the CM shall obtain from the contractors and review for compliance with the contract documents the required insurance policy endorsements, including additional insured endorsements, the certificates of liability insurance and the faithful performance and payment bonds and after review and correction of any deficiencies in these documents forward them to the City. Further, the CM shall insure that contractors maintain in effect the required insurance and Professional Services Agreement between: Exhibit A
The City of Tracy and West Yost Associates, Inc.
bonds during their work on the Project and shall review any subsequent renewals or changes in insurance or bonds.
3.12 Progress Review: Keep a daily log containing a record of weather, the contractors working on the site, number of workers, work accomplished, problems encountered, and other relevant data or such additional data as the City may require. Activities shall be assigned percentage-complete values. The report shall reflect actual progress as compared to scheduled progress and note any variances. The CM shall identify problems encountered in accomplishing the work and recommend appropriate action to the City to resolve these problems with a minimum effect on the timely completion of the Project. If requested by the City, the CM shall assist the contractor(s) in preparing a recovery schedule. The recovery schedule shall reflect the corrective action costs (if any) and efforts to be undertaken by the contractor(s) to recapture lost time. This recovery schedule shall be distributed to the contractor(s), the City, program manager, and other appropriate parties. The report shall be delivered to the City upon completion of the Project.
3.13 Maintain On-Site Records: Develop and implement a comprehensive document management program. Ensure that records are maintained by the Contractor at the Project site, on a current basis: a record copy of all Contracts, drawings, specifications, addenda, change orders and other modifications, in good order and marked to record all changes made during construction; shop drawings; product data; samples; submittals; purchases; materials; equipment; and applicable handbooks and are ready for review by the City; maintenance and operating manuals and instructions; other related documents and revisions which arise out of the Contracts.
At the completion of the Project, deliver all such records to the City and design engineer for preparation of record drawings, after which the record drawings shall be delivered to the City.
3.14 Schedule of Values and Processing of Payments: Review and recommend the Contractor's schedule of values for each of the activities included in that contractor's schedule of events. Review with the City and make recommendations to the City pertaining to payments to the contractors.
3.15 Evaluate Change Order Proposal Costs: Evaluate contractors' costs for proposed change orders and make a recommendation to the City regarding the acceptance of any proposals for a change order. The City and the project team will assist the CM in negotiating any change order costs and time extensions.
3.16 Change Order Reports: Ensure that all changes to any of the Contracts between the City and a contractor shall be by change order executed by the City. Prepare and distribute change order reports on a monthly basis. Identify their effect on the Contract price and Master Project Schedule.
3.17 Contractor Claims: Review with City and program manager all notices of claims and claims submitted by contractors against the City for any alleged cause. Perform an evaluation of the contents of such claim and make recommendations to the City before the time period established by law for City response to such claims has lapsed.
If requested by the City, prepare estimates and alternate estimates based on varying scenarios of the claim cause. These estimates shall be transferred to the City and shall be used in claim rulings and negotiations. If requested by the City, negotiate claims with the contractor(s) on behalf of the City.
3.18 Project Status Reports: Prepare and distribute monthly a Project Status Report that shall include a report and update of all key items required to adequately manage the Project. A monthly construction summary shall be incorporated into the dedicated Project website, as discussed in Section e below.
Professional Services Agreement between: Exhibit A
The City of Tracy and West Yost Associates, Inc.
3.19 Accounting Records: Establish and administer an appropriate Project accounting system in conjunction with the City and maintain cost accounting records on authorized work performed under unit costs, additional work performed on the basis of actual costs of labor and materials, or other work requiring accounting records.
3.20 Permits: Assist the City in obtaining all necessary permits for the Project, including without limitation, encroachment permits.
3.21 Initial Start-up and Testing: With the City project team and the City's maintenance personnel, observe the contractors' proper installation of utilities, operational systems and equipment for readiness and assist in their initial start-up and testing for the Project.
3.22 Storm Water Pollution Plan: Monitor stormwater BMPs on the construction site and direct the contractor to address any deficiencies.
TASK 4 - Project Close-Out and Post Construction Phase
4.01 User Training: The CM shall schedule and document all City training sessions, and arrange for supplementary information where needed, and arrange for manufacturers to provide training for maintenance and operations personnel.
4.02 Punch Lists: In conjunction with the City and program manager, develop, schedule, and verify completion of any outstanding punch list of incomplete or non-conforming work. Assist the City in determining when the Project or a designated portion thereof is complete. Prepare a summary of the status of the work of each contractor, listing changes in the previously issued Punch-list and recommending the times within which contractors shall complete the uncompleted items on the Punch-list.
4.03 Equipment Instruction Manuals, Warranties, and Releases: Obtain all written material such as operations and maintenance manuals, warranties, affidavits, releases, bonds, waivers, and guarantees for all equipment installed in the Project. All such materials, including equipment instruction material, keys, and documents shall be reviewed and delivered to the City.
4.04 Project As-Builts, Close Out, and Warranties: Review contractual requirements for record documents, including record drawings, close out documentation and warranties, and obtain and compile all required documentation for delivery to the City. Make recommendations for adequate withholding of retention in the event that a contractor fails to provide acceptable record documents.
4.05 Final Claims Releases: Obtain final claim releases, including release of any stop notices, from the Contractors as required by the contracts and State law.
4.06 Final Project Report and Payment: Prepare the final payment documentation for prime contractors, and provide a final report to the City that includes:
a. A financial summary of all construction contracting, change orders, construction manager, consultant services, FF&E, and other costs associated with the Project. b. A construction summary with final schedule review and update. c. A final acceptance summary with signed receipts from City staff of all close out document submittals.
d. A final acceptance of receipt of all FF&E.
4.07 Year-End Walk Through: Conduct a year-end walk through immediately prior to the expiration of the warranty period and ensure completion of noted items at no additional cost to the City.
Professional Services Agreement between: Exhibit A
The City of Tracy and West Yost Associates, Inc.
TASK 5 - Public Outreach:
5.01 Public Relations Activities: Assist the City in public relations including, but not limited to, preparation of Project information and attending internal meetings as required, including site meetings. The CM shall be the point of contact for the community during all phases of construction in regard to any complaints, questions, safety issues, noise problems, dust problems, and similar matters.
5.02 Digital / Online Outreach: The City will have a project-specific website for this project.
Assist with maintaining Project related social media, community outreach, coordination of community engagement events and presentations, maintaining community engagement and interested parties database.
Subcons
ultant work will be discussed with the Consultant and if it is determined to be beneficial and necessary, will be required to be approved in writing by the City prior to the start of any work.
Addit
ional work not identified by these tasks may be determined to be required during the Project. Any additional work must be approved by the City in writing prior to the commencement of tasks not identified above.
Exhibit B.
Professional Services Agreement between:
The City of Tracy and
West Yost Associates, Inc.
EXHIBIT B – Compensation
*A detailed breakdown of fees
by hours and billing rates are attached as Exhibit B-1.
Task Fee
1. Pre-Construction Phase $ 28,146
2. Plan Check & Bidding Phase $ 5,948
3. Construction Phase $ 432,440
4. Project Close Out and Post
Construction Phase
$ 21,320
5. Public Outreach $ 22,068
6. ODC – Vehicle and Annual Rate
Increase
$ 12,620
Total Not-to-Exceed Amount $ 522,542
Principal Construction
Manager I
V
Construction
Manager IV
Construction
Manager II
Resident
Inspector
(Prevailing W
age
- Group 2)
Technical
Anal
yst II
Technical
Analyst I QC Review
Costs
West Yost Associat
es P CM IV CM IV CM II RI_G2 TA II TA I P Hours Fee BSK CPT BTE ASD DKS Sub. Other Total $373 $303 $303 $226 $235 $168 $141 $373 Materials Testing/ Public Trenchless Schedule/Claims w/ markup Direct Costs PROJECT: City of Tracy Lammers Rd 20-in. Water Main Project CM&I-Rev1 Elizabeth JP Ted Michaella Dan/Steve Amy Raven Elizabeth Special Inspection Outreach Pipe Specialist Specialist - Pipe 10% Task 1 Pre-Construction Phase
1.01 Construction Management Work Plan 4 8 8 16 2 38 8,878$ 8,878$
1.02 Construction Management Coordination 4 8 16 28 7,252$ 7,252$
1.03 Construction Schedule 2 8 8 18 4,838$ 1,000$ 1,100$ 5,938$
1.04 Coordination/Enginee
ring Review 2 8 8 18 4,978$ 1,000$ 1,100$ 6,078$ Subtotal, Task 1 (hours) 2 10 32 40 0 16 0 2 102
Subtotal, Task 1 ($) 746 $ 3,030$ 9,696$ 9,040$ 2,688$ 746$ 25,946$ 2,000$ 2,200$ 28,146$ Task 2 Plan Check & Bidding Phase
2.01 Addenda Review 8 8 2,424$ 500$ 550$ 2,974$
2.02 Bid Review, Eva
luation, and Recommendations 8 8 2,424$ 500$ 550$ 2,974$
Subtotal, Task 2 (hours) 0 0 16 0 0 0 0 0 16
Subtotal, Task 2 ($) 4,848$ 4,848$ 1,000$ 1,100$ 5,948$ Task 3 Construction Phase
3.01 Mobilization 2 4 4 8 18 3,794$ 3,794$
3.02 Pre-Construction Conferences 2 4 2 2 8 18 4,084$ 4,084$
3.03 Contract Administration 2 4 4 4 14 3,394$ 3,394$
3.04 Submittal Procedures 4 20 40 64 12,452$ 2,000$ 2,200$ 14,652$
3.05 Meetings 20 20 40 40 60 180 40,640$ 40,640$
3.06 Quality Assurance-Quality Control (QA/QC) 4 4 4 8 20 5,208$ 5,208$
3.07 Coordination of Technical Inspection and Testing 4 4 904$ 35,000$ 38,500$ 39,404$
3.08 Construction Observation 4 4 1000 1008 237,116$ 10,000$ 11,000$ 248,116$
3.09 Non-Conforming Work 2 2 4 8 16 3,996$ 3,996$
3.10 Exercise of Contract Prerogatives 2 2 4 8 2,116$ 500$ 550$ 2,666$
3.11 Endorsements of Insurance; Performance and Payment Bonds 2 4 6 1,510$ 500$ 550$ 2,060$
3.12 Progress Review 2 8 10 2,414$ 2,414$
3.13 Maintain On-Site Records 4 20 24 4,264$ 4,264$
3.14 Schedule of Values and Processing of Payments 4 10 24 48 86 14,272$ 14,272$
3.15 Evaluate Change Order Proposal Costs 2 4 24 30 7,242$ 500$ 550$ 7,792$
3.16 Change Order Reports 2 4 24 24 54 11,274$ 11,274$
3.17 Contractor Claims 2 4 8 14 3,626$ 500$ 550$ 4,176$
3.18 Project Status Reports 4 10 24 38 7,504$ 7,504$
3.19 Accounting Records 2 4 4 12 22 4,738$ 4,738$
3.20 Permits 4 4 8 2,116$ 2,116$
3.21 Initial Start-up and Testing 4 4 8 16 3,996$ 3,996$
3.22 Storm Water Polluti
on Plan 8 8 1,880$ 1,880$
Subtotal, Task 3 (hours) 0 40 82 194 1078 224 48 0 1666 Subtotal, Task 3 ($) 12,120$ 24,846$ 43,844$ 253,330$ 37,632$ 6,768$ 378,540$ 35,000$ 10,000$ 2,000$ 2,000$ 53,900$ 432,440$ Task 4 Project Close Out and Post Construction Phase
4.01 User Training 4 4 8 1,576$ 1,576$
4.02 Punch Lists 4 4 8 4 20 4,668$ 4,668$
4.03 Equipment Instruction Manuals, Warranties, and Releases 4 4 8 1,576$ 1,576$
4.04 Project As-Builts, Close Out, and Warranties 4 16 20 4,664$ 4,664$
4.05 Final Claims Releases 2 4 4 10 2,722$ 2,722$
4.06 Final Project Report and Payment 2 4 4 10 2,722$ 2,722$
4.07 Year-End Walk Throu
gh 2 2 4 4 2 14 3,392$ 3,392$
Subtotal, Task 4 (hours) 0 6 14 28 28 14 0 0 90
Subtotal, Task 4 ($) 1,818$ 4,242$ 6,328$ 6,580$ 2,352$ 21,320$ 21,320$ Task 5 Public Outreach
5.01 Public Relations Activities 8 16 24 5,568$ 12,000$ 13,200$ 18,768$
5.02 Digital/Online O
utreach 0 3,000$ 3,300$ 3,300$
Subtotal, Task 5 (hours) 0 0 0 8 16 0 0 0 24
Subtotal, Task 5 ($) 1,808$ 3,760$ 5,568$ 15,000$ 16,500$ 22,068$ Task 6 ODC
6.01 Vehicle 0 12,620$ 12,620$
6.02 Annual Rate Increa
se 0
Subtotal, Task 6 (hours) 0 0 0 0 0 0 0 0 0
Subtotal, Task 6 ($) 12,620$ 12,620$ TOTAL (hours) 2 56 144 270 1,122 254 48 2 1,898
TOTAL ($) 746 $ 16,968$ 43,632$ 61,020$ 263,670$ 42,672$ 6,768$ 746$ 436,222$ 35,000$ 15,000$ 10,000$ 5,000$ 2,000$ 73,700$ 12,620$ 522,542$ Labor
Exhibit B-1Professional Services Agreement between:
The City of Tracy and West Yost Associates, Inc.
(Effective
January 1, 2025, through December 31, 2025)*
POSITIONS
ENGINE
ERING
Principal/Vice
President $373
Engineer/Scientist/Geologist Manager I / II $352 / $369 Principal Engineer/
Scientist/Geologist I / II $317 / $338
Senior En
gineer/Scientist/Geologist I / II $286 / $300
Associate Engineer/
Scientist/Geologist I / II $237 / $255
Engineer/Scientist
/Geologist I / II $185 / $215
Engineering Aide $111
Fie
ld Monitoring Services $138
Administrative I / II / III / IV $102 / $127 / $152 / $168
ENGINEERIN
G TECHNOLOGY
Engineering Tech Man
ager I / II $366 / $369
Principal Tec
h Specialist I / II $336 / $348
Senior Tech Sp
ecialist I / II $308 / $321
Senior GIS An
alyst $278
GIS Analyst $264
Technical Specialist I / II / III / IV $196 / $224 / $251 / $280 Technical Analyst I / II $141 / $168
Technical Analyst Inte
rn $113
Cross-Connection Control Specialist I / II / III / IV $147 / $159 / $179 / $198 CAD Manager $222
CAD
Designer I / II $172 / $194
CONSTRUCTION MANAGEME
NT
Senior Con
struction Manager $355
Construction Manager I / II / III / IV $211 / $226 / $239 / $303 Resident Inspector
(Prevailing Wage Groups 4 / 3 / 2 / 1) $190 / $211 / $235 / $244 Apprentice Ins
pector $172
CM Administrative I / II $91 / $124
Field Serv
ices $244
2025
Billing Rate Schedule
LABOR CHARGES (DOLLARS
PER HOUR)
■ Hourly rates i
nclude charges for technology and communication, such as general and CAD computer software, telephone calls, routine in-house copies/prints, postage, miscellaneous supplies, and other incidental project expenses. ■ Outside services
, such as vendor reproductions, prints, and shipping; major West Yost reproduction efforts; as well as engineering supplies, etc., will be billed at the actual cost plus 15%. ■ The Federal Mile
age Rate will be used for mileage charges and will be based on the Federal Mileage Rate applicable to when the mileage costs were incurred. Travel other than mileage will be billed at cost. ■ Subconsultants will
be billed at actual cost plus 10%.
■ Expert witness
services, research, technical review, analysis, preparation, and meetings will be billed at 150% of standard hourly rates. Expert witness testimony and depositions will be billed at 200% of standard hourly rates. ■ A finance charge of 1.5% pe
r month (an annual rate of 18%) on the unpaid balance will be added to invoice amounts if not paid within 45 days from the date of the invoice. * This schedule i
s updated annually Page 1 of 2
Exhibit B-1Professional Services Agreement between:
The City
of Tracy and West Yost Associates, Inc.
(Effective
January 1, 2025, through December 31, 2025)*
Equipment Charges
EQUIPMENT
2" Purge Pump
& Control Box $300 / day
Aquacalc
/ Pygmy or AA Flow Meter $28 / day
Emergency SCADA Syste
m $35 / day
Field Vehicle
s (Groundwater) $1 / mile
Gas Detector $80 / day
Generator $60 / day
Hydrant Pressu
re Gauge $10 / day
Hydrant Pressu
re Recorder, Impulse (Transient) $55 / day
Hydrant Pressu
re Recorder, Standard $40 / day
Low Flow Pu
mp Back Pack $135 / day
Low Flow Pu
mp Controller $200 / day
Powers Water Level Mete
r $32 / day
Precision
Water Level Meter 300ft $30 / day
Precision
Water Level Meter 500ft $40 / day
Precision
Water Level Meter 700ft $45 / day
QED Sample Pro B
ladder Pump $65 / day
Skydio 2+ Dron
e (2 hour mimimum) $100 / hour
Storage Tan
k $20 / day
Sump Pump $24 / day
Transd
ucer Communications Cable $10 / day
Transd
ucer Components (per installation) $23 / day
Trimble GPS – Geo 7x $220 / day
Tube Length Coun
ter $22 / day
Turbidity M
eter $30 / day
Turbidity M
eter (2100Q Portable) $35 / day
Vehicle (Constru
ction Management) $10 / hour
Water Flow Pr
obe Meter $20 / day
Water Quality Mete
r $50 / day
Water Quality Mu
ltimeter $185 / day
Well Sounder $30 / day
BILLING RATE
S
2025
Billing Rate Schedule
* This schedule i
s updated annually Page 2 of 2
Exhibit B-1Professional Services Agreement between:
The City
of Tracy and West Yost Associates, Inc.
December 3, 2024
Agenda Item 1.J
RECOMMENDATION
Staff recommends that the City Council adopt a resolution:
1. Approving the execution of a Professional Services Agreement with Pestmaster Services, L.P. for pest control services at City facilities for an initial term of two years, with compensation not to exceed $35,977.00 annually; and
2. Authorizing five additi
onal one-year administrative extensions contingent
upon budget availability and satisfactory performance.
EXECUTIVE SUMMARY
This agenda item seeks adoption of a Resolution by the City Council approving the execution of a Professional Services Agreement (PSA) with Pestmaster Services L.P. (Contractor) to provide pest control services at City of Tracy (City) facilities for an i nitial term of two years and for a total not-to-exceed amount of $35,977.00 annually. Staff is also requesting the City Council to authorize additional five one-year administrative extensions contingent upon budget availability and satisfactory performance. The Contractor has been selected as the most qualified and responsive bidder from the list of proposals received in response to the Request for Proposals (RFP) issued on September 30, 2024. The existing PSA is expiring on December 31, 2024. This agreement is needed to facilitate uninterrupted pest control services for the City.
BACKGROUND AND LEGISLATIVE HISTORY
There are approximately 73 sites that require pest control services to properly maintain a pest free environment. These services include monthly, bi-monthly, and quarterly applications of non- flammable pesticides to combat pests such as spiders, cockroaches, beetles, ants, wasps, winged and biting insects, mice, and other rodents. Some of these facilities are leased and managed pursuant to the Joint Powers Agreement (JPA) of the South San Joaquin County Fire Authority (Fire Authority) executed on February 20, 2024. Section 4.5(A) of the JPA specifically states that the Fire Authority is responsible for maintenance and ordinary repair of all leased facilities. Staff acknowledges that providing pest control services to the City facilities leased under JPA is a dev iation from the terms of the agreement but seeks to proceed with this contract as the City has always done it that way. City staff also provides other routine maintenance to the leased facilities. The net financial impact to the City is that it absorbs 100% of the cost of such maintenance instead of only its prorata share under the JPA formula and has ongoing respons
ibility for ensuring that the work is done. The City Attorney has advised the JPA be amended to account for this as well as other devi ations between practice and the terms of the agreement.
FACILITY/SITE
City Hall – Civic
Center
333 Civic Center
Plaza
Old Jail House
25 W. 7th Street
Tracy Sports Complex
955 Crossroads Drive
Meeting & Restroom
Ball Park
2300 N Tracy Blvd
Community Center
950 East Street
Airport FBO
Building
29633 S. Tracy
Blvd.
Tracy Sports Complex
955 Crossroads Drive
Concession Stand
Park n Ride
next to 2422 Naglee
Police Station
1000 Civic Center
Drive
Boyd Service
Center (BSC)
Admin
520 Tracy Blvd
Tracy Sports Complex
955 Crossroads Drive
Maintenance Building,
Booster Pump Station,
Irrigation Cabinet
Lincoln Well - both
buildings
200 E Eaton Ave
Senior Center
375 E. 9th Street
BSC Transit
Building
520 Tracy Blvd
Clyde Bland Park
Lowell Ave. & Blanford
Ln.
Restroom, Booster
Pump Station, Irrigation
Controller Cabinet
NEI Tank - Control
1399 N Chrisman Rd
Support Services
Building
325 Civic Center
Plaza
BSC Garage
520 Tracy Blvd.
Ceciliani Park
Cypress Drive &
Louriana Ln.
Restroom, Booster
Pump Station, Irrigation
Cabinet
Linne Tank - both
buildings
238 Glenhaven Dr
Police Annex
Facility
400 E. 10th Street
BSC Shops B
520 Tracy Blvd.
Dr. Powers Park
Lowell Ave. & Tracy
Blvd.
Restroom
Water Plant -
Operations
6649 S Tracy Blvd
Police Gun Range
7299 S. Tracy Blvd
Restrooms Only
BSC Shops C
520 Tracy Blvd.
Galli Family Park
Lowell Ave. & Orchard
Restroom, Booster
Pump Station, Irrigation
Cabinet, Shade
Structures
Water Plant - Chemical
Bld
6649 S Tracy Blvd
Agenda Item 1.J
December 3, 2024
The sites are as follows:
Agenda Item 1.J
December 3, 2024
Tracy City Library
20 E. Eaton Ave.
BSC Warehouse
520 Tracy Blvd.
Hoyt Park
Third Street & Dale
O’Dell Dr.
Restroom, Booster
Pump Station, Irrigation
Cabinet, Shade
Structure
Water Plant - UV Bld
6649 S Tracy Blvd
Tracy Transit
Station
50 E. 6th Street
BSC Trailer #1
520 Tracy Blvd.
Kenner Park
Kavanagh Ave. &
Golden Springs Dr.
Restroom, Booster
Pump Station, Irrigation
Cabinet, Shade
Structures
Water Plant - Electrical
1/MCC
6649 S. Tracy Blvd
Fire Administration
835 Central Ave.
BSC Trailer #2
520 Tracy Blvd.
Larsen Park
Central Ave. &
Ferdinand St.
Restroom, Irrigation
Water Plant - Blower
Bld
6649 S. Tracy Blvd
Fire Station #91
1701 W. Eleventh
Street
Construction
Trailer #1
520 Tr
acy Blvd.
Lincoln Park
East St. & Eaton Ave.
Restroom, Out
Buildings, Irrigation
Cabinets, Gazebo,
Shade Structure
Water Plant -
Maintenance
6649 S. Tracy Blvd
Fire Station #92
1035 E. Grant Line
Rd.
Construction
Trailer #2
520 Tracy Blvd.
McDonald Park
Central Ave. & First St.
Restroom, Splash Pad
Building
Wastewater Plant -
Maintenance
3900 Holly Dr
Fire Station #93
1400 W. Durham
Ferry Rd.
Tracy Historic
Museum
1141 Adam Street
Thoming Park
Sycamore Pkwy &
Cambridge Pl. Booster
Pump Station, Irrigation
Cabinet, Shade
Structures
Wastewater Plant -
Trailer
3900 Holly Dr
Fire Station #94
16502 W. Schulte
Rd.
Tracy Animal
Shelter
2375 Paradise
Rd.
Legacy Fields
Concession Stands,
Restroom,
Grandstands, and
Conex Boxes (2)
Wastewater Plant -
Admin/Lab
3900 Holly Dr
Fire Station #96
1800 W. Grant Line
Rd.
Joe Wilson Pool
900 Lowell Ave.
Zanussi Park
Promenade Circle
Booster Pump Station,
Irrigation Controller
Cabinet, Gazebo
Wastewater Plant -
Operations Bld
3900 Holly Dr
Agenda Item 1.J
December 3, 2024
Fire Station #97
595 W. Central Ave.
Storage Buildings
609 6th Street
Cordes Ranch
5926 Hood Way
Wastewater Plant -
Sugar Shack
3900 Holly Dr
Fire Support
Service
301 W. Grant Line
Rd.
Tracy Ballpark
23rd Street
(between Tracy
Blvd. and Bessie
Ave.)
Press Box and
Restroom
TH Zone 4
alley next to 3294
Telluride St
Wastewater Plant -
Storage
3900 Holly Dr
Grand Theatre
715 Central Ave.
Lammersville
Schoolhouse
Lowell Ave.
Th Zone 5
top of Phase II building
Since the ex
isting PSA is expiring on December 31, 2024, the City issued an RFP for the pest control services for the above noted City Facilities on September 30, 2024. All proposals were submitted to the Department of Public Works on October 17, 2024. Pestmaster Services was selected as the most qualified bidder who demonstrated the competence and professional qualifications necessary to meet City’s requirements. After negotiations between the City and Contractor, the parties reached an agreement for the performance of services from January 1, 2025, to December 31, 2026, with an option to extend for another five (5) years, not to exceed seven (7) years total.
ANALYSIS
On September 30, 2024, in acc
ordance with TMC 2.20.180, the City issued an RFP for the proposed services and published it on the City’s website. A total of three proposals were received prior to the deadline. See chart below:
Vendor Annual Cost
Pestmaster Services, LLC. $35,977
Central Sierra Enterprise $86,020
Mary’s Pest Control $117,360
During the selection process, Staff reviewed the submitted proposals based on the completeness of their proposal, understanding of work, labor, experience, and price. After evaluating the proposals, Pestmaster Services was selected as the lowest and most qualified bidder and best fit for the City’s needs for pest control services.
Staff has negotiated and reached terms for an agreement with Pestmaster Services, with an initial term of the agreement from January 1, 2025, to December 31, 2026. At the end of the initial contract term, if the City determines that the Contractor has satis factorily performed all requirements in this Agreement, and upon recommendation from the Public Works Director to the C
ity Manager, an administrative approval may extend this Agreement for up to an additional five (5) years in any c ombination, not to exceed a total agreement length of seven (7) years.
Agenda Item 1.J
December 3, 2024
FISCAL IMPACT
The cost of the services provided by the vendor for the current fiscal year in the amount of $35,977 is accounted for in the adopted FY24-25 annual Building Maintenance budget. Future years of the contract will be included with each year ’s annual adopted operating budget.
As noted above, staff acknowledges that providing pest control services to the Ci ty facilities leased under the JPA is a deviation from the terms of the agreement but seeks to proceed with this contract as the City has always done it that way. City staff als o provide other routine maintenance to the leased facilities. The net financial impact to the City is that it absorbs 100% of the cost of such maintenance instead of only its prorata share under the JPA formula.
However, it should be further noted that the Rural District is also paying for pest control for their facilities and if both agencies were to move their costs to the JPA, the City fiscal impact would be neutral or possibly higher.
The City Attorney
has advised the JPA be amended to account for this as well as other deviati
ons between practice and the terms of the agreement.
STRATEGIC PLAN
This agenda item is cons istent with the City’s Q uality of Life Strategy and meets the goals to ensure physical infrastructure and systems necessary for the health and safety of the Tracy community and Staff.
ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that the City Council adopt a resolution:
1. Approving the execut
ion of a Professional Services Agreement with Pestmaster Services, L.P. for pest control services of City facilities for an initial term of two years, with compensation not to exceed $35,977.00 annually; and
2. Authorizing fi
ve additional one-year administrative extensions contingent upon budget availability and satisfactory performance.
Prepared by: Ji
m Thompson, Superintendent, Operations
Reviewed by: David Murphy, Assistant Director of Operations Sara Castro, Director of Finance
Karin Schnaider, Assistant City Manager
Bijal Patel, City Attorney
ATTACHMENTS:
Attachment A - Professional Services Agreement with Pestmaster Services, L.P.
Approved by: Karin Schnaider, Acting City Manager
CITY OF TRACY
PROF
ESSIONAL SERVICES AGREEMENT WITH
Pestmaster Services, L.P., a Nevada Limited Partnership This Professional Services Agreement (“Agreement”) is entered into between the City of Tracy, a municipal corporation (“City”), and Pestmaster Services, L.P., a Nevada Limited Partnership (“Consultant”). City and Consultant are referred to individually as “Party” and collectively as “Parties.” Recitals
A. City desires to retain the professional services of Consultant to perform pest control services as further described herein and in Exhibit A.
B. On October 1, 2024, the City issued a Request for Proposals (RFP) for the Scope of Work defined below. On October 17, 2
024, Consultant submitted its proposal for the Scope of Work to the City.
Pursuant to Tracy Municipal Code Sections 2.20.140(a)(2), the City has determined that Consultant demonstrated that it was the best qualified and most responsible proposer, and best fits the City’s needs for competence and professional qualifications necessary for the satisfactory performance of the Scope of Work defined below.
C. After negotiations between the City and Consultant, the Parties have reached an agreement for Consultant’s professional services as set forth in this Agreement.
D. This Agreement was approved on ____________________ pursuant to Tracy Municipal Code Section 2.20.140(3), and City Council Resolution No. _____________.
NOW THEREFORE, for good and valuable consideration the sufficiency of which the Parties hereby acknowledge, the Parties mutually agree as follows:
1. Scope of Work. Consultant shall perform the professional services, tasks, and scope of work described in Exhibit A attached hereto and incorporated herein by this reference (“Scope of Work”). The Scope of Work shall be performed by, or under the direct supervision of, Consultant’s “Authorized Representative”: Eric Werner, Operations Manager. 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 the City’s prior written consent.
The City may terminate this Agreement if Consultant makes any such change or uses or replaces any such subcontractor or subconsultant. Unless otherwise stated on Exhibit A, Consultant shall furnish, at its own expense, the materials, equipment, supplies, and other resources necessary to perform the Scope of Work. The City reserves the right to contract with other firms and/or consultants during the term of this Agreement to provide the City with the same or similar Scope of Work as described in Exhibit A.
2. Time of Performance.
Time is of the essence in the performance of the Scope of Work under this Agreement and the timing requirements set forth herein shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. If dates for performance are set out in Exhibit A, Consultant shall begin performance, and shall complete all required Scope of Work 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 Consultant in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the Consultant. If Exhibit A indicates that Scope of Work shall only be performed upon request, or if the City otherwise ,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "! Attachment A
Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
communicates the same to Consultant, Consultant shall not perform said Scope of Work until the City requests such performance. Consultant shall submit all requests for time extensions to the City in writing no later than ten (10) days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due. The City may grant or deny such requests in its sole and absolute discretion.
2.1 Term. The term of this Agreement shall commence on January 1, 2025, and expire and terminate automatically on December 31, 2026, or earlier by termination pursuant to Section 6 of this Agreement (“Term”). Subject to the Not-To-Exceed Amount defined in Section 3.1, the Term of this Agreement may be extended with express written amendment incorporating this Agreement signed by both Parties and one of the following City approvals: (a) City Council approval or (b) City Manager approval. An administrative extension of this Agreement by City Manager shall be limited to an additional term of 5 year(s) and require written determination by the City Manager that Consultant has satisfactorily met all the requirements of this Agreement.
3. Compensation. City shall pay Consultant on a time and expense basis for Scope of Work performed under this Agreement at the billing rates set forth in Exhibit B, which is attached hereto and incorporated herein by this reference.
3.1 Not to Exceed Amount. Consultant’s total compensation under this Agreement shall not exceed $251,837 (two hundred fifty-one thousand eight hundred thirty-seven) Dollars.
Notwithstanding the foregoing, the payment of any funds under this Agreement shall be subject to the City of Tracy appropriation of funds for the Scope of Work. This Agreement shall automatically terminate in the event that such funds are not appropriated. Unless specifically stated otherwise or agreed to in writing and approved by City Council, the fees proposed by Consultant, as set forth in Exhibit B hereto, shall remain unchanged for the entire term of this Agreement and any extensions of this Agreement. It is understood and agreed that Consultant may not receive compensation up to the Not-to-Exceed Amount (or any other amount), and Consultant’s total compensation under this Agreement will depend on the Scope of Work requested and approved by the City. 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 “Not-to-Exceed Amount” provided in this section without the City’s prior written approval.
3.1.1 City Budget Limitations. This Agreement will terminate without penalty, liability or expense of any kind to City at the end of any fiscal year if funds are not appropriated for the next succeeding fiscal year for this Agreement. If funds are appropriated for a portion of the fiscal year, this Agreement will automatically terminate, without penalty, liability or expense of any kind at the end of the term for which funds are appropriated. City has no obligation to make appropriations for this Agreement in lieu of appropriations for new or other agreements. City budget decisions are subject to the discretion of the City Council. Consultant’s assumption of risk of possible non-appropriation is part of the consideration for this Agreement.
3.2 Invoices. Consultant shall submit monthly invoice(s) to the City that describe in detail satisfactory to the City: the services performed, the times and dates of performance, and the names of the person(s) performing the Scope of Work.
3.2.1 If Consultant is providing the Scope of Work 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.
,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "! Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
3.2.2 Consultant’s failure to submit invoice(s) in accordance with this Section may result in the City rejecting said invoice(s) and thereby delaying payment to Consultant.
3.2.3 Consultant shall submit invoices no later than 90 days after completion of a portion of the Scope of Work. City has no obligation to pay invoices delivered greater than 90 days after the date of performance of the Scope of Work.
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 and portions of Scope of Work described on the invoice(s) and approved by the City.
3.4 Final Payment. 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 or performance of the Scope of Work. 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 Books and Accounts. 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, and reimburse the City for, any and all liabilities, obligations, losses, damages, injunctions, suits, actions, fines, penalties, claims, demands, administrative and judicial proceedings and order, judgments, remedial action requirements, costs and expenses of every kind or nature, and all costs and expenses incurred in connection therewith, including, without limitation, reasonable attorneys’ fees and court costs (“Claims”) arising directly or indirectly from or out of (including any and all related costs and expenses), relating or pertaining to or resulting from, in whole or in part, this Agreement; any act, omission, or event relating in any way to Consultant’s obligations under this Agreement; and/or Consultant’s breach of this Agreement, except to the extent such Claim is caused solely by the active negligence or willful misconduct of the City. In this Section 4, “City” means the City, its officials, officers, agents, employees and volunteers; “Consultant” means the Consultant, its employees, agents and subcontractors.
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 and all Claims relating to or in connection with such a finding and/or determination.
The provisions of this section survive the expiration or the termination of this Agreement and are not limited by the provisions of Section 5 relating to insurance. ,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "! Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
5. Insurance. Consultant shall, throughout the duration of this A greement, maintain insurance to
cover Consultant, its agents, representatives, and employees in connection with the performance of the Scope of Work 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 $1,000,000 per claim.
5.5 Endorsements. Consultant shall obtain endorsements to the automobile and commercial general liability insurance policies with the following provisions:
5.5.1 The City (including its elected officials, officers, employees, agents, and volunteers) shall be named as an additional “insured.”
5.5.2 For any claims related to this Agreement, Consultant’s coverage shall be primary insurance with respect to the City. Any insurance maintained by the City shall be in excess of the Consultant’s insurance and shall not contribute with it.
5.6 Notice of Cancellation. Consultant shall notify the City if the policy is canceled before the expiration date. For the purpose of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation. Consultant shall immediately obtain a replacement policy.
5.7 Authorized Insurers. All insurance companies providing coverage to Consultant shall be insurance organizations authorized by the Insurance Commissioner of the State of California to transact the business of insurance in the State of California.
5.8 Insurance Certificate. Consultant shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance and endorsements, in a form satisfactory to the City, before the City signs this Agreement and, in any event, within five (5) days of such request.
5.9 Substitute Certificates. Consultant shall provide a substitute certificate of insurance no later than 30 days prior to the policy expiration date of any insurance policy required by this Agreement.
5.10 Consultant’s Obligation. Maintenance of insurance by the Consultant as specified in this Agreement shall in no way be interpreted as relieving the Consultant of any responsibility whatsoever (including indemnity obligations under this Agreement), and the Consultant may carry, at its ,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "! Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
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, without cause, by giving ten (10) days’ written notice to Consultant. Within five (5) days of such a termination, Consultant shall return and deliver to City all original documents relating to the Scope of Work 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 Consultant for all services satisfactorily performed in accordance with this Agreement, up to the date the termination notice is given.
7. 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 Scope of Work, upon termination of this Agreement, or within five (5) days of any 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.
8. 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 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.
9. 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. The Consultant represents that it is familiar with the local and state conflict of interest laws, and agrees to comply with those laws in performing this Agreement. The Consultant represents and warrants that the representations made by the Consultant concerning unfair competitive advantage and conflicts of interest in connection with its submissions in response to the City’s procurement for this Agreement were true and accurate both when made and as of the date of this Agreement. Consultant represents and warrants that it has not and shall not offer or deliver any City officer, public official, or employee any gifts or donations in violation of Federal, State and/or local law.
10. 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.
11. Notices.
All notices, demands, or other commun
ications 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 ,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "! Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
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 the City: To Consultant:
City of Tracy Pestmaster Services, L.P.
Attn: Public Works Director Attn: Brian Wilk
333 Civic Center Plaza 9716 South Virginia Street, Ste E-F Tracy, CA 95376 Reno, NV 89511
With a copy to:
City Attorney
333 Civic Center Plaza
Tracy, CA 95376
12. General Provisions.
12.1 Standard
of Care. Unless otherwise specified in this Agreement, the standard of care applicable to Consultant’s performance of the Scope of Work 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.
12.2 Amendments. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both Parties.
12.3 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.
12.4 Assignment and Delegation. Consultant may not assign, transfer or delegate this Agreement or any portion of it without the City’s advance 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.
12.5 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.
12.6 Compliance with the Law. Consultant shall comply with all applicable local, state, and federal laws, including, without limitation, those identified below, whether or not such laws are expressly stated in this Agreement.
12.6.1 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 $1,000 or more, Consultant agrees to fully comply with such ,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "! Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
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.
12.6.2 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.).
12.7 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 authorized to do business in California, in good standing with the Secretary of State, and in good standing with all agencies having jurisdiction over Consultant (including any licensing agencies). If Consultant is a suspended entity at the time it enters into this Agreement, City may take steps to have this Agreement declared voidable.
12.8 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.
12.9 Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns.
12.10 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.
12.11 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.
12.12 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.
12.13 Entire Agreement. This Agreement and the attached Exhibits comprise the entire integrated understanding between the Parties concerning the services to be performed and the matters contemplated herein. This Agreement supersedes all prior negotiations, representations or agreements (in each case, whether oral or in writing). All exhibits attached hereto are incorporated by reference herein.
12.14 Counterparts . City and Consultant agree that this Agreement may be executed in two or more counterparts, each of which shall be deemed an original.
12.15 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, ,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "! Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
shall be paid by the non-prevailing party in any dispute involving the terms and conditions of this Agreement.
13. Signatures. The individuals executing this Agreement on behalf of Consultant represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this Agreement on behalf of Consultant.
[Signature Page to Follow]
,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "! Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
As of the date of last signature below
, the undersigned Parties agree to the full performance of the terms set forth in this Agreement and have caused this Agreement to be duly executed.
City of Tracy, a Municipal Corporation
By: __________________________
Nancy D. Young
Title: Mayor
Date: _______________________
Attest:
____________________________
Adrianne Richardson, City Clerk
Approved as to form:
_____________________________
Bijal M. Patel, City Attorney
Consultant
Pestmaster Services, L.P., a Nevada Limited
Partnership
By: ________________________
Robert Huelin
Title: Chief Legal Officer/General Partner
Date: _______________________
Federal Employer Tax ID No. ___________
Exhibits:
A Scope of Work
B Compensation
,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "!
Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
EXHIBIT A - Scope of Work
1. DESCRIPTION OF WORK:
The intent and purpose of these spec
ifications are to provide for pest control services at various City sites as described in these Specifications in a safe, neat, and workmanlike manner.
2. SCOPE OF SERVICES:
Furnish all labor, materials, methods, processes, tools, machinery, equipment, transportation, and services necessary for pest control at various
City sites. The City reserves the right to
increase or decrease the number of sites requiring pest control services during the term of the Agreement.
3. COMPLETION OF WORK:
The Contractor must provide the Public Works Department a schedule of work to be completed.
The location
, day, and approximate time of the work must be provided. Payment will not be made to the Contractor if the Contractor does not provide advance notification of all work to be completed.
4. METHODS OF PEST CONTROL:
All pesticides used must be non-flammable, secured when unattended, and registered by the
US Environmental Protection Agency and the State of California.
Before an application is made, the Contractor must notify the Public Works Superintendent or designee, of precautionary actions, if any, that may need to be taken.
Contractor must not apply any pesticide product that has not been approved for the use by Federal and State regulatory agencies.
Contractor to provide an environment free from, but not limited to, the following pests:
a. Spiders, cockroaches, and beetles
b. Crickets and other hoppers
c. Ants (all species), earwigs, sow bugs, silverfish, and other crawling insects d. Fleas and other biting insects
e. Wasps, hornets, and other stinging insects nesting in the interior or exterior, up to a maximum height of two stories
f. Moths and other flying pests
g. Weevils and other food pests
h. Mice, rats, and other rodents
The pest control services must be performed in/on all sites listed below, occupied or unoccupied, including, but not limited to: basements, crawl spaces, offices, storage areas/rooms, closets, baseboards, plumbing and heating pipes, shelves, elevators, walls/enclosures, kitchens, dining rooms, cafeterias, food preparation and storage areas, refuse containers and surrounding storage areas, offices, lavatory and shower areas, hallways, and lounge areas.
All Contractor personnel working in or around City facilities and sites must wear distinctive uniform clothing and identification.
,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "! Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
The Contractor must perform a thorough inspection during every service. Following each scheduled service, the Contractor must submit a written report to the Public Works Superintendent or designee listing any and all areas that remain inaccessible for pest control service such as lockers, rooms, closets, etc. Should the scheduled services not be totally effective, or interrupt institutional activities, the Contractor will be required to provide necessary services at alternate times agreeable to the City facility, at no additional cost. Complaints and service requirements, including recall work required between scheduled service visits, must be handled within 24 hours after notification and will be at no additional cost to the City.
City of Tracy Facilities/Sites
FACILITY/SITE
APPLICATIONS
FREQUENCY
City Hall – Civic Center
333 Civic Center Plaza 12 - Monthly
Community Center
950 East Street 12 – Monthly
Police Station
1000 Civic Center Drive 12 - Monthly
Senior Center
375 E. 9th Street 12 – Monthly
Support Services Building
325 Civic Center Plaza 12 – Monthly
Police Annex Facility
400 E. 10th Street 12 – Monthly
Police Gun Range
7299 S. Tracy Blvd
Restrooms Onl
y
12 - Monthly
Tracy City Library
20 E. Eaton Ave. 12 – Monthly
Tracy Transit Station
50 E. 6
th Street 12 – Monthly
Fire Administration
835 Central Ave. 12 – Monthly
Fire Station #91
1701 W. Eleventh Street 12 – Monthly
Fire Station #92
1035 E. Grant Line Rd. 12 – Monthly
Fire Station #93
1400 W. Durham Ferr
y Rd. 12 – Monthly
Fire Station #94
16502 W. Schulte Rd. 12 – Monthly
Fire Station #96
1800 W. Grant Line Rd. 12 – Monthly
Fire Station #97
595 W. Central Ave. 12 – Monthly
Fire Support Service
301 W. Grant Line Rd. 12 – Monthly
Grand Theatre
715 Central Ave. 12 – Monthly
Old Jail House
25 W. 7
th Street 12 - Monthly
,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "! Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
FACILITY/SITE
APPLICATIONS
FREQUENCY
Airport FBO Building
29633 S. Tracy Blvd. 12 – Monthly
Boyd Service Center (BSC) Admin.
520 Trac
y Blvd. 12 – Monthly
BSC Transit Building
520 Tracy Blvd. 12 – Monthly
BSC Garage
520 Trac
y Blvd. 12 – Monthly
BSC Shops B
520 Trac
y Blvd. 12 – Monthly
BSC Shops C
520 Trac
y Blvd. 12 – Monthly
BSC Warehouse
520 Trac
y Blvd. 12 – Monthly
BSC Trailer #1
520 Trac
y Blvd. 12 – Monthly
Tracy Historic Museum
1141 Adam Street 12 – Monthly
Tracy Animal Shelter
2375 Paradise Rd. 12 – Monthly
Joe Wilson Pool
900 Lowell Ave. 12 – Monthly
Storage Buildings
609 6th Street 12 – Monthly
Tracy Ballpark
23 rd Street (between Tracy Blvd. and Bessie Ave.)
Press Box and Restroom
12 - Monthly
Lammersville Schoolhouse
Lowell Ave. & Blanford Ln. 12 - Monthly
Tracy Sports Complex
955 Crossroads Drive
Meetin
g & Restroom
12 – Monthly
Tracy Sports Complex
955 Crossroads Drive
Concession Stand
12 – Monthly
Tracy Sports Complex
955 Crossroads Drive
Maintenance Building, Booster Pump Station, Irrigation
Cabinet
12 – Monthly
Cordes Ranch
5926 Hood Way
Inside and Outside
6 - Bimonthly
TH Zone 4
Alley next to 3924 Telluride St
Inside and outside
6 - Bimonthly
TH Zone 5
Top of Phase II Building
Inside and Outside
6 - Bimonthly
,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "! Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
FACILITY/SITE
APPLICATIONS
FREQUENCY
Ball Park
2300 N Tracy Blvd
Inside and Outside
6 - Bimonthly
Park n Ride
Next to 2422 Naglee
Inside and Outside
6 - Bimonthly
Lincoln Well
200 E. Eaton Ave
Inside and outside
6 - Bimonthly
NEI Tank - Control Room
1399 N. Chrisman Rd
Inside and outside
6 - Bimonthly
Linne Well - Both buildings
238 Glenhaven Dr
Inside and outside
6 - Bimonthly
Water Treatment Plant - Operations Building
6649 S. Tracy Blvd
Outside only
6 - Bimonthly
Water Treatment Plant - Chemical Building
6649 S. Tracy Blvd
Inside and outside
6 - Bimonthly
Water Treatment Plant - UV Building
6649 S. Tracy Blvd
Inside and outside
6 - Bimonthly
Water Treatment Plant - Electrical 1/MCC
6649 S. Tracy Blvd
Inside and Outside
6 - Bimonthly
Water Treatment Plant - Blower Building
6649 S. Tracy Blvd
Inside and Outside
6 - Bimonthly
Water Treatment Plant – Maintenance Shop
6649 S. Tracy Blvd
Outside onl
y
6 - Bimonthly
Hoyt Park
Third Street & Dale O’Dell Dr.
Restroom, Booster Pump Station, Irrigation
Cabinet, Shade Structure
4 – Quarterly
Kenner Park
Kavanagh Ave. & Golden Springs Dr.
Restroom, Booster Pump Station, Irrigation
Cabinet, Shade Structures
4 - Quarterly
Larsen Park
Central Ave. & Ferdinand St.
Restroom, Irrigation Controller Cabinet
4 – Quarterly
Lincoln Park
East St. & Eaton Ave.
Restroom, Out Buildings, Irrigation Cabinets,
Gazebo, Shade Structure
4 – Quarterly
,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "! Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
FACILITY/SITE
APPLICATIONS
FREQUENCY
McDonald Park
Central Ave. & First St.
Restroom, Splash Pad Building
4 - Quarterly
Thoming Park
Sycamore Pkwy & Cambridge Pl.
Booster Pump Station, Irrigation Cabinet, Shade
Structures
4 - Quarterly
Legacy Fields
Concession Stands, Restroom, Grandstands, and
Conex Boxes
(2)
4 - Quarterly
Zanussi Park
Promenade Circle
Booster Pump Station, Irrigation Controller Cabinet,
Gazebo
4 - Quarterly
Wastewater Treatment Plant - Maintenance Shop
3900 Holly Dr
Outside
4 - Quarterly
Wastewater Treatment Plant - Trailer
3900 Holly Dr
Outside
4 – Quarterly
Wastewater Treatment Plant - Admin/Lab Building
3900 Holly Dr
Outside
4 - Quarterly
Wastewater Treatment Plant - Operations Building
3900 Holly Drive
Inside and Outside
4 – Quarterly
Wastewater Treatment Plant - Sugar Shack
3900 Holly Drive
Inside and Outside
4 – quarterly
Wastewater Treatment Plant – Storage
3900 Holly Drive
Inside and Outside
4 – Quarterly
Clyde Bland Park
Lowell Ave. & Blanford Ln.
Restroom, Booster Pump Station, Irrigation
Controller Cabinet
4 – Quarterly
Dr. Powers Park
Lowell Ave. & Tracy Blvd.
Restroom
4 - Quarterly
Galli Family Park
Lowell Ave & Orchard
Restroom, Booster Pump Station, irrigation Cabinet,
Shade Structures
4 – Quarterly
,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "! Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
EXHIBIT B - Compensation
Consultant’s total compensation under this Agreement shall not exceed $251,837 (two hundred fifty- one thousand eight hundred thirty-seven) Dollars. Notwithstanding the foregoing, the payment of any funds under this Agreement shall be subject to the City of Tracy appropriation of funds for the Scope of Work. This Agreement shall automatically terminate in the event that such funds are not appropriated.
Unless specifically stated otherwise or agreed to in writing and approved by City Council, the fees proposed by Consultant, as set forth in Exhibit B hereto, shall remain unchanged for the entire term of this Agreement and any extensions of this Agreement. It is understood and agreed that Consultant may not receive compensation up to the Not-to-Exceed Amount (or any other amount), and Consultant’s total compensation under this Agreement will depend on the Scope of Work requested and approved by the City. 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 “Not-to-Exceed Amount” provided in this section without the City’s prior written approval.
Schedule Services
FACILITY/SITE PRICE PER SITE APPLICATIONS
FREQUENCY
TOTAL
ANNUAL
COST
City Hall – Civic Center
333 Civic Center Plaza $59.25 12 - Monthly $711.00
Community Center
950 East Street $59.25 12 – Monthly $711.00
Police Station
1000 Civic Center Drive $59.25 12 - Monthly $711.00
Senior Center
375 E. 9
th Street $59.25 12 – Monthly $711.00
Support Services Building
325 Civic Center Plaza $59.25 12 – Monthly $711.00
Police Annex Facility
400 E. 10
th Street $59.25 12 – Monthly $711.00
Police Gun Range
7299 S. Tracy Blvd
Restrooms Only
$59.25 12 - Monthly $711.00
Tracy City Library
20 E. Eaton Ave. $59.25 12 – Monthly $711.00
Tracy Transit Station
50 E. 6
th Street $59.25 12 – Monthly $711.00
Fire Administration
835 Central Ave. $59.25 12 – Monthly $711.00
Fire Station #91
1701 W. Eleventh Street $59.25 12 – Monthly $711.00
Fire Station #92
1035 E. Grant Line Rd. $59.25 12 – Monthly $711.00
Fire Station #93
1400 W. Durham Ferr
y Rd. $59.25 12 – Monthly $711.00
Fire Station #94
16502 W. Schulte Rd. $59.25 12 – Monthly $711.00
Fire Station #96
1800 W. Grant Line Rd. $59.25 12 – Monthly $711.00
,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "! Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
Fire Station #97
595 W. Central Ave. $59.25 12 – Monthly $711.00
Fire Support Service
301 W. Grant Line Rd. $59.25 12 – Monthly $711.00
Grand Theatre
715 Central Ave. $59.25 12 – Monthly $711.00
Old Jail House
25 W. 7
th Street $59.25 12 - Monthly $711.00
Airport FBO Building
29633 S. Trac
y Blvd. $59.25 12 – Monthly $711.00
Boyd Service Center (BSC) Admin.
520 Trac
y Blvd. $59.25 12 – Monthly $711.00
BSC Transit Building
520 Trac
y Blvd. $59.25 12 – Monthly $711.00
BSC Garage
520 Trac
y Blvd. $59.25 12 – Monthly $711.00
BSC Shops B
520 Tracy Blvd. $59.25 12 – Monthly $711.00
BSC Shops C
520 Trac
y Blvd. $59.25 12 – Monthly $711.00
BSC Warehouse
520 Tracy Blvd. $59.25 12 – Monthly $711.00
BSC Trailer #1
520 Trac
y Blvd. $59.25 12 – Monthly $711.00
Tracy Historic Museum
1141 Adam Street $59.25 12 – Monthly $711.00
Tracy Animal Shelter
2375 Paradise Rd. $59.25 12 – Monthly $711.00
Joe Wilson Pool
900 Lowell Ave. $59.25 12 – Monthly $711.00
Storage Buildings
609 6
th Street $59.25 12 – Monthly $711.00
Tracy Ballpark
23 rd Street (between Tracy Blvd &
Bessie Ave)
Press Box and Restroom
$59.25 12 - Monthly $711.00
Lammersville Schoolhouse
Lowell Ave. & Blanford Ln. $59.25 12 - Monthly $711.00
Tracy Sports Complex
955 Crossroads Drive
Meetin
g & Restroom
$59.25 12 – Monthly $711.00
Tracy Sports Complex
955 Crossroads Drive
Concession Stand
$59.25 12 – Monthly $711.00
Tracy Sports Complex
955 Crossroads Drive
Maintenance Building, Booster Pump
Station, Irrigation Cabinet
$59.25 12 – Monthly $711.00
Cordes Ranch
5926 Hood Way
Inside and Outside
$59.25 6 - Bimonthly $355.00
,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "! Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
TH Zone 4
Alley next to 3924 Telluride St
Inside and outside
$59.25 6 - Bimonthly $355.00
TH Zone 5
Top of Phase II Building
Inside and Outside
$59.25 6 - Bimonthly $355.00
Ball Park
2300 N Tracy Blvd
Inside and Outside
$59.25 6 - Bimonthly $355.00
Park n Ride
Next to 2422 Naglee
Inside and Outside
$59.25 6 - Bimonthly $355.00
Lincoln Well
200 E. Eaton Ave
Inside and outside
$59.25 6 - Bimonthly $355.00
NEI Tank - Control Room
1399 N. Chrisman Rd
Inside and outside
$59.25 6 - Bimonthly $355.00
Linne Well - Both buildings
238 Glenhaven Dr
Inside and outside
$59.25 6 - Bimonthly $355.00
Water Treatment Plant - Operations
Building
6649 S. Tracy Blvd
Outside onl
y
$59.25 6 - Bimonthly $355.00
Water Treatment Plant - Chemical
Building
6649 S. Tracy Blvd
Inside and outside
$59.25 6 - Bimonthly $355.00
Water Treatment Plant - UV Building
6649 S. Tracy Blvd
Inside and outside
$59.25 6 - Bimonthly $355.00
Water Treatment Plant - Electrical
1/MCC
6649 S. Tracy Blvd
Inside and Outside
$59.25 6 - Bimonthly $355.00
Water Treatment Plant - Blower
Building
6649 S. Tracy Blvd
Inside and Outside
$59.25 6 - Bimonthly $355.00
Water Treatment Plant – Maint. Shop
6649 S. Tracy Blvd
Outside only
$59.25 6 - Bimonthly $355.00
Hoyt Park
Third Street & Dale O’Dell Dr.
Restroom, Booster Pump Station,
Irri
gation Cabinet, Shade Structure
$59.25 4 – Quarterly $237.00
Kenner Park
Kavanagh Ave. & Golden Springs Dr.
Restroom, Booster Pump Station,
Irri
gation Cabinet, Shade Structures $59.25 4 - Quarterly $237.00 ,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "! Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
Larsen Park
Central Ave. & Ferdinand St.
Restroom, Irrigation Controller
Cabinet
$59.25 4 – Quarterly $237.00
Lincoln Park
East St. & Eaton Ave.
Restroom, Out Buildings, Irrigation
Cabinets, Gazebo, Shade Structure
$59.25 4 – Quarterly $237.00
McDonald Park
Central Ave. & First St.
Restroom, Splash Pad Building
$59.25 4 - Quarterly $237.00
Thoming Park
Sycamore Pkwy & Cambridge Pl.
Booster Pump Station, Irrigation
Cabinet, Shade Structures
$59.25 4 - Quarterly $237.00
Legacy Fields
Concession Stands, Restroom,
Grandstands, and Conex Boxes
(2)
$59.25 4 - Quarterly $237.00
Zanussi Park
Promenade Circle
Booster Pump Station, Irrigation
Controller Cabinet, Gazebo
$59.25 4 - Quarterly $237.00
Wastewater Treatment Plant -
Maintenance Shop
3900 Holly Dr
Outside
$59.25
4 - Quarterly
$237.00
Wastewater Treatment Plant - Trailer
3900 Holly Dr
Outside
$59.25 4 – Quarterly $237.00
Wastewater Treatment Plant -
Admin/Lab Building
3900 Holly Dr
Outside
$59.25 4 - Quarterly $237.00
Wastewater Treatment Plant -
Operations Building
3900 Holly Drive
Inside and Outside
$59.25 4 – Quarterly $237.00
Wastewater Treatment Plant - Sugar
Shack
3900 Holly Drive
Inside and Outside
$59.25 4 – quarterly $237.00
Wastewater Treatment Plant –
Storage
3900 Holly Drive
Inside and Outside
$59.25 4 – Quarterly $237.00
Clyde Bland Park
Lowell Ave. & Blanford Ln.
Restroom, Booster Pump Station,
Irri
gation Controller Cabinet
$59.25 4 – Quarterly $237.00
Dr. Powers Park
Lowell Ave. & Tracy Blvd.
Restroom
$59.25 4 - Quarterly $237.00
,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "! Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
Galli Family Park
Lowell Ave & Orchard
Restroom, Booster Pump Station,
irri
gation Cabinet, Shade Structures
$59.25 4 – Quarterly $237.00
,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "!
APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTOR
NEY’S OFFICE
TRACY CITY COUNCI
L
RESOLUT
ION NO. _______________
(1) APPROVING THE EXECUTION OF A PROFESSIONAL SERVICES
AGREEMENT WITH PESTMASTER SERVICES, L.P. FOR PEST CONTROL
SERVICES OF CITY FACILITIES FOR AN INITIAL TERM OF TWO YEARS, WITH COMPENSATION NOT TO EXCEED $35,977.00 ANNUALLY; AND (2) AUTHORIZING FIVE (5) ADDITIONAL ONE-YEAR ADMINISTRATIVE
EXTENSIONS CONTINGENT UPON BUDGET AVAILABILITY AND
SATISFACTORY PERFORMANCE
WHEREAS, the City of Tracy has approximately 73 sites that require pest control services to properl
y maintain a pest free environment; and
WHEREAS, some of these facilities are leased and managed pursuant to the Joint Powers Agreement of the South San Joaquin County Fire Authority (JPA) executed on February 20th, 2024; and
WHEREAS, Section 4.5(A) of the JPA specifically state that the Fire Authority is responsible for
maintenance and ordinary repair of all the leased facilities; and WHEREAS, staff acknowledges that providing pest control services to the facilities leased under
JPA is a deviation from the term of the agreement; and
WHEREAS, the net financial impact to the City is that it absorbs 100% of the cost of such maintenance instead of only its prorata share under the JPA formula and has ongoing responsibility for ensuring the work is done; and
WHEREAS, these services include monthly, bi-monthly, and quarterly applications of non-flammable pesticides to combat pests such as spiders, c ockroaches, beetles, ants, wasps, winged and biting insects, mice, and other rodents; and WHEREAS, the existing Professional Service Agreement (PSA) for these services is expiring on December 31, 2024 and a new PSA is needed to facilitate uninterrupted pest control services for the City; and
WHEREAS, on September 30, 2024, in accordance with TMC 2.20.180, the City issued an RFP for the proposed services and published it on the City’s website; and Vendor Annual Cost
Pestmaster Services, LLC. $35,977
Central Sierra Enterprise $86,020
Mary’s Pest Control $117,360
and;
WHEREAS, staff reviewed the submitted proposals based on the completeness of their proposal, understanding of work, labor, experience, and selected Pestmaster Services (Contractor) as the lowest and most qualified bidder and that best fits the City’s needs for pest control services; and
WHEREAS, staff has negotiated and reached terms for a PSA with Pestmaster Services, for an initial term of the agreement from January 1, 2025, to December 31, 2026 and for
an annual not to exceed amount of $35,977; and
WHEREAS, the cost of the services provided by the Contractor for the current fiscal year in the amount of $35,977 will be accounted for in the adopted FY24-25 annual Building Maintenance budget; and; now, therefore, be it
RESOLVED: That the City Council of the City of Tracy approves the execution of a Professional Services Agreement with Pestmaster Services, L.P. attached as Exhibit 1 for pest control
services at City facilities for an initial term of two years, with compensation not to exceed $35,977.00 annually; and be it
F
URTHER RESOLVED: That the C ity C ouncil auth ori zes fi ve add itional one-year administrative extensions contingent upon budget availability and satisfactory performance. * * * * * * * * * * * * * *
The foregoing Resolution 2024-_____ was adopted by the Tracy City Council on December 3, 2024
, 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
Resolution 2024-
WHEREAS, a total of three proposals were received prior to the deadline. See chart below:
ATTEST:
ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of the
City of Tracy, California
Exhibit 1: Professional Services Agreement with Pestmaster Services, L.P.
CITY OF TRACY
PROF
ESSIONAL SERVICES AGREEMENT WITH
Pestmaster Services, L.P., a Nevada Limited Partnership This Professional Services Agreement (“Agreement”) is entered into between the City of Tracy, a municipal corporation (“City”), and Pestmaster Services, L.P., a Nevada Limited Partnership (“Consultant”). City and Consultant are referred to individually as “Party” and collectively as “Parties.” Recitals
A. City desires to retain the professional services of Consultant to perform pest control services as further described herein and in Exhibit A.
B. On October 1, 2024, the City issued a Request for Proposals (RFP) for the Scope of Work defined below. On October 17, 2
024, Consultant submitted its proposal for the Scope of Work to the City.
Pursuant to Tracy Municipal Code Sections 2.20.140(a)(2), the City has determined that Consultant demonstrated that it was the best qualified and most responsible proposer, and best fits the City’s needs for competence and professional qualifications necessary for the satisfactory performance of the Scope of Work defined below.
C. After negotiations between the City and Consultant, the Parties have reached an agreement for Consultant’s professional services as set forth in this Agreement.
D. This Agreement was approved on ____________________ pursuant to Tracy Municipal Code Section 2.20.140(3), and City Council Resolution No. _____________.
NOW THEREFORE, for good and valuable consideration the sufficiency of which the Parties hereby acknowledge, the Parties mutually agree as follows:
1. Scope of Work. Consultant shall perform the professional services, tasks, and scope of work described in Exhibit A attached hereto and incorporated herein by this reference (“Scope of Work”). The Scope of Work shall be performed by, or under the direct supervision of, Consultant’s “Authorized Representative”: Eric Werner, Operations Manager. 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 the City’s prior written consent.
The City may terminate this Agreement if Consultant makes any such change or uses or replaces any such subcontractor or subconsultant. Unless otherwise stated on Exhibit A, Consultant shall furnish, at its own expense, the materials, equipment, supplies, and other resources necessary to perform the Scope of Work. The City reserves the right to contract with other firms and/or consultants during the term of this Agreement to provide the City with the same or similar Scope of Work as described in Exhibit A.
2. Time of Performance.
Time is of the essence in the performance of the Scope of Work under this Agreement and the timing requirements set forth herein shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. If dates for performance are set out in Exhibit A, Consultant shall begin performance, and shall complete all required Scope of Work 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 Consultant in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the Consultant. If Exhibit A indicates that Scope of Work shall only be performed upon request, or if the City otherwise ,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "! EXHIBIT 1
Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
communicates the same to Consultant, Consultant shall not perform said Scope of Work until the City requests such performance. Consultant shall submit all requests for time extensions to the City in writing no later than ten (10) days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due. The City may grant or deny such requests in its sole and absolute discretion.
2.1 Term. The term of this Agreement shall commence on January 1, 2025, and expire and terminate automatically on December 31, 2026, or earlier by termination pursuant to Section 6 of this Agreement (“Term”). Subject to the Not-To-Exceed Amount defined in Section 3.1, the Term of this Agreement may be extended with express written amendment incorporating this Agreement signed by both Parties and one of the following City approvals: (a) City Council approval or (b) City Manager approval. An administrative extension of this Agreement by City Manager shall be limited to an additional term of 5 year(s) and require written determination by the City Manager that Consultant has satisfactorily met all the requirements of this Agreement.
3. Compensation. City shall pay Consultant on a time and expense basis for Scope of Work performed under this Agreement at the billing rates set forth in Exhibit B, which is attached hereto and incorporated herein by this reference.
3.1 Not to Exceed Amount. Consultant’s total compensation under this Agreement shall not exceed $251,837 (two hundred fifty-one thousand eight hundred thirty-seven) Dollars.
Notwithstanding the foregoing, the payment of any funds under this Agreement shall be subject to the City of Tracy appropriation of funds for the Scope of Work. This Agreement shall automatically terminate in the event that such funds are not appropriated. Unless specifically stated otherwise or agreed to in writing and approved by City Council, the fees proposed by Consultant, as set forth in Exhibit B hereto, shall remain unchanged for the entire term of this Agreement and any extensions of this Agreement. It is understood and agreed that Consultant may not receive compensation up to the Not-to-Exceed Amount (or any other amount), and Consultant’s total compensation under this Agreement will depend on the Scope of Work requested and approved by the City. 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 “Not-to-Exceed Amount” provided in this section without the City’s prior written approval.
3.1.1 City Budget Limitations. This Agreement will terminate without penalty, liability or expense of any kind to City at the end of any fiscal year if funds are not appropriated for the next succeeding fiscal year for this Agreement. If funds are appropriated for a portion of the fiscal year, this Agreement will automatically terminate, without penalty, liability or expense of any kind at the end of the term for which funds are appropriated. City has no obligation to make appropriations for this Agreement in lieu of appropriations for new or other agreements. City budget decisions are subject to the discretion of the City Council. Consultant’s assumption of risk of possible non-appropriation is part of the consideration for this Agreement.
3.2 Invoices. Consultant shall submit monthly invoice(s) to the City that describe in detail satisfactory to the City: the services performed, the times and dates of performance, and the names of the person(s) performing the Scope of Work.
3.2.1 If Consultant is providing the Scope of Work 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.
,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "! Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
3.2.2 Consultant’s failure to submit invoice(s) in accordance with this Section may result in the City rejecting said invoice(s) and thereby delaying payment to Consultant.
3.2.3 Consultant shall submit invoices no later than 90 days after completion of a portion of the Scope of Work. City has no obligation to pay invoices delivered greater than 90 days after the date of performance of the Scope of Work.
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 and portions of Scope of Work described on the invoice(s) and approved by the City.
3.4 Final Payment. 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 or performance of the Scope of Work. 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 Books and Accounts. 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, and reimburse the City for, any and all liabilities, obligations, losses, damages, injunctions, suits, actions, fines, penalties, claims, demands, administrative and judicial proceedings and order, judgments, remedial action requirements, costs and expenses of every kind or nature, and all costs and expenses incurred in connection therewith, including, without limitation, reasonable attorneys’ fees and court costs (“Claims”) arising directly or indirectly from or out of (including any and all related costs and expenses), relating or pertaining to or resulting from, in whole or in part, this Agreement; any act, omission, or event relating in any way to Consultant’s obligations under this Agreement; and/or Consultant’s breach of this Agreement, except to the extent such Claim is caused solely by the active negligence or willful misconduct of the City. In this Section 4, “City” means the City, its officials, officers, agents, employees and volunteers; “Consultant” means the Consultant, its employees, agents and subcontractors.
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 and all Claims relating to or in connection with such a finding and/or determination.
The provisions of this section survive the expiration or the termination of this Agreement and are not limited by the provisions of Section 5 relating to insurance. ,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "! Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
5. Insurance. Consultant shall, throughout the duration of this A greement, maintain insurance to
cover Consultant, its agents, representatives, and employees in connection with the performance of the Scope of Work 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 $1,000,000 per claim.
5.5 Endorsements. Consultant shall obtain endorsements to the automobile and commercial general liability insurance policies with the following provisions:
5.5.1 The City (including its elected officials, officers, employees, agents, and volunteers) shall be named as an additional “insured.”
5.5.2 For any claims related to this Agreement, Consultant’s coverage shall be primary insurance with respect to the City. Any insurance maintained by the City shall be in excess of the Consultant’s insurance and shall not contribute with it.
5.6 Notice of Cancellation. Consultant shall notify the City if the policy is canceled before the expiration date. For the purpose of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation. Consultant shall immediately obtain a replacement policy.
5.7 Authorized Insurers. All insurance companies providing coverage to Consultant shall be insurance organizations authorized by the Insurance Commissioner of the State of California to transact the business of insurance in the State of California.
5.8 Insurance Certificate. Consultant shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance and endorsements, in a form satisfactory to the City, before the City signs this Agreement and, in any event, within five (5) days of such request.
5.9 Substitute Certificates. Consultant shall provide a substitute certificate of insurance no later than 30 days prior to the policy expiration date of any insurance policy required by this Agreement.
5.10 Consultant’s Obligation. Maintenance of insurance by the Consultant as specified in this Agreement shall in no way be interpreted as relieving the Consultant of any responsibility whatsoever (including indemnity obligations under this Agreement), and the Consultant may carry, at its ,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "! Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
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, without cause, by giving ten (10) days’ written notice to Consultant. Within five (5) days of such a termination, Consultant shall return and deliver to City all original documents relating to the Scope of Work 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 Consultant for all services satisfactorily performed in accordance with this Agreement, up to the date the termination notice is given.
7. 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 Scope of Work, upon termination of this Agreement, or within five (5) days of any 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.
8. 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 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.
9. 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. The Consultant represents that it is familiar with the local and state conflict of interest laws, and agrees to comply with those laws in performing this Agreement. The Consultant represents and warrants that the representations made by the Consultant concerning unfair competitive advantage and conflicts of interest in connection with its submissions in response to the City’s procurement for this Agreement were true and accurate both when made and as of the date of this Agreement. Consultant represents and warrants that it has not and shall not offer or deliver any City officer, public official, or employee any gifts or donations in violation of Federal, State and/or local law.
10. 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.
11. Notices.
All notices, demands, or other commun
ications 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 ,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "! Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
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 the City: To Consultant:
City of Tracy Pestmaster Services, L.P.
Attn: Public Works Director Attn: Brian Wilk
333 Civic Center Plaza 9716 South Virginia Street, Ste E-F Tracy, CA 95376 Reno, NV 89511
With a copy to:
City Attorney
333 Civic Center Plaza
Tracy, CA 95376
12. General Provisions.
12.1 Standard
of Care. Unless otherwise specified in this Agreement, the standard of care applicable to Consultant’s performance of the Scope of Work 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.
12.2 Amendments. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both Parties.
12.3 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.
12.4 Assignment and Delegation. Consultant may not assign, transfer or delegate this Agreement or any portion of it without the City’s advance 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.
12.5 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.
12.6 Compliance with the Law. Consultant shall comply with all applicable local, state, and federal laws, including, without limitation, those identified below, whether or not such laws are expressly stated in this Agreement.
12.6.1 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 $1,000 or more, Consultant agrees to fully comply with such ,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "! Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
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.
12.6.2 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.).
12.7 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 authorized to do business in California, in good standing with the Secretary of State, and in good standing with all agencies having jurisdiction over Consultant (including any licensing agencies). If Consultant is a suspended entity at the time it enters into this Agreement, City may take steps to have this Agreement declared voidable.
12.8 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.
12.9 Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns.
12.10 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.
12.11 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.
12.12 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.
12.13 Entire Agreement. This Agreement and the attached Exhibits comprise the entire integrated understanding between the Parties concerning the services to be performed and the matters contemplated herein. This Agreement supersedes all prior negotiations, representations or agreements (in each case, whether oral or in writing). All exhibits attached hereto are incorporated by reference herein.
12.14 Counterparts . City and Consultant agree that this Agreement may be executed in two or more counterparts, each of which shall be deemed an original.
12.15 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, ,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "! Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
shall be paid by the non-prevailing party in any dispute involving the terms and conditions of this Agreement.
13. Signatures. The individuals executing this Agreement on behalf of Consultant represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this Agreement on behalf of Consultant.
[Signature Page to Follow]
,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "! Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
As of the date of last signature belo
w, the undersigned Parties agree to the full performance of the terms set forth in this Agreement and have caused this Agreement to be duly executed.
City of Tracy, a Municipal Corporation
By: __________________________
Nancy D. Young
Title: Mayor
Date: _______________________
Attest:
____________________________
Adrianne Richardson, City Clerk
Approved as to form:
_____________________________
Bijal M. Patel, City Attorney
Consultant
Pestmaster Services, L.P., a Nevada Limited
Partnership
By: ________________________
Robert Huelin
Title: Chief Legal Officer/General Partner
Date: _______________________
Federal Employer Tax ID No. ___________
Exhibits:
A Scope of Work
B Compensation
,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "!
Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
EXHIBIT A - Scope of Work
1. DESCRIPTION OF WORK:
The intent and purpose of these spe
cifications are to provide for pest control services at various City sites as described in these Specifications in a safe, neat, and workmanlike manner.
2. SCOPE OF SERVICES:
Furnish all labor, materials, methods, processes, tools, machinery, equipment, transportation, and services necessary for pest con
trol at various City sites. The City reserves the right to increase or decrease the number of sites requiring pest control services during the term of the Agreement.
3. COMPLETION OF WORK:
The Contractor must provide the Public Works Department a schedule of work to be completed.
The location, day, and approximate time of the work must be provided. Payment will not be made to the Contractor if the Contractor does not provide advance notification of all work to be completed.
4. METHODS OF PEST CONTROL:
All pesticides used must be non-flammable, secu
red when unattended, and registered by the
US Environmental Protection Agency and the State of California.
Before an application is made, the Contractor must notify the Public Works Superintendent or designee, of precautionary actions, if any, that may need to be taken.
Contractor must not apply any pesticide product that has not been approved for the use by Federal and State regulatory agencies.
Contractor to provide an environment free from, but not limited to, the following pests:
a. Spiders, cockroaches, and beetles
b. Crickets and other hoppers
c. Ants (all species), earwigs, sow bugs, silverfish, and other crawling insects d. Fleas and other biting insects
e. Wasps, hornets, and other stinging insects nesting in the interior or exterior, up to a maximum height of two stories
f. Moths and other flying pests
g. Weevils and other food pests
h. Mice, rats, and other rodents
The pest control services must be performed in/on all sites listed below, occupied or unoccupied, including, but not limited to: basements, crawl spaces, offices, storage areas/rooms, closets, baseboards, plumbing and heating pipes, shelves, elevators, walls/enclosures, kitchens, dining rooms, cafeterias, food preparation and storage areas, refuse containers and surrounding storage areas, offices, lavatory and shower areas, hallways, and lounge areas.
All Contractor personnel working in or around City facilities and sites must wear distinctive uniform clothing and identification.
,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "! Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
The Contractor must perform a thorough inspection during every service. Following each scheduled service, the Contractor must submit a written report to the Public Works Superintendent or designee listing any and all areas that remain inaccessible for pest control service such as lockers, rooms, closets, etc. Should the scheduled services not be totally effective, or interrupt institutional activities, the Contractor will be required to provide necessary services at alternate times agreeable to the City facility, at no additional cost. Complaints and service requirements, including recall work required between scheduled service visits, must be handled within 24 hours after notification and will be at no additional cost to the City.
City of Tracy Facilities/Sites
FACILITY/SITE
APPLICATIONS
FREQUENCY
City Hall – Civic Center
333 Civic Center Plaza 12 - Monthly
Community Center
950 East Street 12 – Monthly
Police Station
1000 Civic Center Drive 12 - Monthly
Senior Center
375 E. 9th Street 12 – Monthly
Support Services Building
325 Civic Center Plaza 12 – Monthly
Police Annex Facility
400 E. 10th Street 12 – Monthly
Police Gun Range
7299 S. Tracy Blvd
Restrooms Onl
y
12 - Monthly
Tracy City Library
20 E. Eaton Ave. 12 – Monthly
Tracy Transit Station
50 E. 6
th Street 12 – Monthly
Fire Administration
835 Central Ave. 12 – Monthly
Fire Station #91
1701 W. Eleventh Street 12 – Monthly
Fire Station #92
1035 E. Grant Line Rd. 12 – Monthly
Fire Station #93
1400 W. Durham Ferr
y Rd. 12 – Monthly
Fire Station #94
16502 W. Schulte Rd. 12 – Monthly
Fire Station #96
1800 W. Grant Line Rd. 12 – Monthly
Fire Station #97
595 W. Central Ave. 12 – Monthly
Fire Support Service
301 W. Grant Line Rd. 12 – Monthly
Grand Theatre
715 Central Ave. 12 – Monthly
Old Jail House
25 W. 7
th Street 12 - Monthly
,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "! Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
FACILITY/SITE
APPLICATIONS
FREQUENCY
Airport FBO Building
29633 S. Tracy Blvd. 12 – Monthly
Boyd Service Center (BSC) Admin.
520 Trac
y Blvd. 12 – Monthly
BSC Transit Building
520 Tracy Blvd. 12 – Monthly
BSC Garage
520 Trac
y Blvd. 12 – Monthly
BSC Shops B
520 Trac
y Blvd. 12 – Monthly
BSC Shops C
520 Trac
y Blvd. 12 – Monthly
BSC Warehouse
520 Trac
y Blvd. 12 – Monthly
BSC Trailer #1
520 Trac
y Blvd. 12 – Monthly
Tracy Historic Museum
1141 Adam Street 12 – Monthly
Tracy Animal Shelter
2375 Paradise Rd. 12 – Monthly
Joe Wilson Pool
900 Lowell Ave. 12 – Monthly
Storage Buildings
609 6th Street 12 – Monthly
Tracy Ballpark
23 rd Street (between Tracy Blvd. and Bessie Ave.)
Press Box and Restroom
12 - Monthly
Lammersville Schoolhouse
Lowell Ave. & Blanford Ln. 12 - Monthly
Tracy Sports Complex
955 Crossroads Drive
Meetin
g & Restroom
12 – Monthly
Tracy Sports Complex
955 Crossroads Drive
Concession Stand
12 – Monthly
Tracy Sports Complex
955 Crossroads Drive
Maintenance Building, Booster Pump Station, Irrigation
Cabinet
12 – Monthly
Cordes Ranch
5926 Hood Way
Inside and Outside
6 - Bimonthly
TH Zone 4
Alley next to 3924 Telluride St
Inside and outside
6 - Bimonthly
TH Zone 5
Top of Phase II Building
Inside and Outside
6 - Bimonthly
,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "! Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
FACILITY/SITE
APPLICATIONS
FREQUENCY
Ball Park
2300 N Tracy Blvd
Inside and Outside
6 - Bimonthly
Park n Ride
Next to 2422 Naglee
Inside and Outside
6 - Bimonthly
Lincoln Well
200 E. Eaton Ave
Inside and outside
6 - Bimonthly
NEI Tank - Control Room
1399 N. Chrisman Rd
Inside and outside
6 - Bimonthly
Linne Well - Both buildings
238 Glenhaven Dr
Inside and outside
6 - Bimonthly
Water Treatment Plant - Operations Building
6649 S. Tracy Blvd
Outside only
6 - Bimonthly
Water Treatment Plant - Chemical Building
6649 S. Tracy Blvd
Inside and outside
6 - Bimonthly
Water Treatment Plant - UV Building
6649 S. Tracy Blvd
Inside and outside
6 - Bimonthly
Water Treatment Plant - Electrical 1/MCC
6649 S. Tracy Blvd
Inside and Outside
6 - Bimonthly
Water Treatment Plant - Blower Building
6649 S. Tracy Blvd
Inside and Outside
6 - Bimonthly
Water Treatment Plant – Maintenance Shop
6649 S. Tracy Blvd
Outside onl
y
6 - Bimonthly
Hoyt Park
Third Street & Dale O’Dell Dr.
Restroom, Booster Pump Station, Irrigation
Cabinet, Shade Structure
4 – Quarterly
Kenner Park
Kavanagh Ave. & Golden Springs Dr.
Restroom, Booster Pump Station, Irrigation
Cabinet, Shade Structures
4 - Quarterly
Larsen Park
Central Ave. & Ferdinand St.
Restroom, Irrigation Controller Cabinet
4 – Quarterly
Lincoln Park
East St. & Eaton Ave.
Restroom, Out Buildings, Irrigation Cabinets,
Gazebo, Shade Structure
4 – Quarterly
,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "! Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
FACILITY/SITE
APPLICATIONS
FREQUENCY
McDonald Park
Central Ave. & First St.
Restroom, Splash Pad Building
4 - Quarterly
Thoming Park
Sycamore Pkwy & Cambridge Pl.
Booster Pump Station, Irrigation Cabinet, Shade
Structures
4 - Quarterly
Legacy Fields
Concession Stands, Restroom, Grandstands, and
Conex Boxes
(2)
4 - Quarterly
Zanussi Park
Promenade Circle
Booster Pump Station, Irrigation Controller Cabinet,
Gazebo
4 - Quarterly
Wastewater Treatment Plant - Maintenance Shop
3900 Holly Dr
Outside
4 - Quarterly
Wastewater Treatment Plant - Trailer
3900 Holly Dr
Outside
4 – Quarterly
Wastewater Treatment Plant - Admin/Lab Building
3900 Holly Dr
Outside
4 - Quarterly
Wastewater Treatment Plant - Operations Building
3900 Holly Drive
Inside and Outside
4 – Quarterly
Wastewater Treatment Plant - Sugar Shack
3900 Holly Drive
Inside and Outside
4 – quarterly
Wastewater Treatment Plant – Storage
3900 Holly Drive
Inside and Outside
4 – Quarterly
Clyde Bland Park
Lowell Ave. & Blanford Ln.
Restroom, Booster Pump Station, Irrigation
Controller Cabinet
4 – Quarterly
Dr. Powers Park
Lowell Ave. & Tracy Blvd.
Restroom
4 - Quarterly
Galli Family Park
Lowell Ave & Orchard
Restroom, Booster Pump Station, irrigation Cabinet,
Shade Structures
4 – Quarterly
,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "! Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
EXHIBIT B - Compensation
Consultant’s total compensation under this Agreement shall not exceed $251,837 (two hundred fifty- one thousand eight hundred thirty-seven) Dollars. Notwithstanding the foregoing, the payment of any funds under this Agreement shall be subject to the City of Tracy appropriation of funds for the Scope of Work. This Agreement shall automatically terminate in the event that such funds are not appropriated.
Unless specifically stated otherwise or agreed to in writing and approved by City Council, the fees proposed by Consultant, as set forth in Exhibit B hereto, shall remain unchanged for the entire term of this Agreement and any extensions of this Agreement. It is understood and agreed that Consultant may not receive compensation up to the Not-to-Exceed Amount (or any other amount), and Consultant’s total compensation under this Agreement will depend on the Scope of Work requested and approved by the City. 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 “Not-to-Exceed Amount” provided in this section without the City’s prior written approval.
Schedule Services
FACILITY/SITE PRICE PER SITE APPLICATIONS
FREQUENCY
TOTAL
ANNUAL
COST
City Hall – Civic Center
333 Civic Center Plaza $59.25 12 - Monthly $711.00
Community Center
950 East Street $59.25 12 – Monthly $711.00
Police Station
1000 Civic Center Drive $59.25 12 - Monthly $711.00
Senior Center
375 E. 9
th Street $59.25 12 – Monthly $711.00
Support Services Building
325 Civic Center Plaza $59.25 12 – Monthly $711.00
Police Annex Facility
400 E. 10
th Street $59.25 12 – Monthly $711.00
Police Gun Range
7299 S. Tracy Blvd
Restrooms Only
$59.25 12 - Monthly $711.00
Tracy City Library
20 E. Eaton Ave. $59.25 12 – Monthly $711.00
Tracy Transit Station
50 E. 6
th Street $59.25 12 – Monthly $711.00
Fire Administration
835 Central Ave. $59.25 12 – Monthly $711.00
Fire Station #91
1701 W. Eleventh Street $59.25 12 – Monthly $711.00
Fire Station #92
1035 E. Grant Line Rd. $59.25 12 – Monthly $711.00
Fire Station #93
1400 W. Durham Ferr
y Rd. $59.25 12 – Monthly $711.00
Fire Station #94
16502 W. Schulte Rd. $59.25 12 – Monthly $711.00
Fire Station #96
1800 W. Grant Line Rd. $59.25 12 – Monthly $711.00
,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "! Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
Fire Station #97
595 W. Central Ave. $59.25 12 – Monthly $711.00
Fire Support Service
301 W. Grant Line Rd. $59.25 12 – Monthly $711.00
Grand Theatre
715 Central Ave. $59.25 12 – Monthly $711.00
Old Jail House
25 W. 7
th Street $59.25 12 - Monthly $711.00
Airport FBO Building
29633 S. Trac
y Blvd. $59.25 12 – Monthly $711.00
Boyd Service Center (BSC) Admin.
520 Trac
y Blvd. $59.25 12 – Monthly $711.00
BSC Transit Building
520 Trac
y Blvd. $59.25 12 – Monthly $711.00
BSC Garage
520 Trac
y Blvd. $59.25 12 – Monthly $711.00
BSC Shops B
520 Tracy Blvd. $59.25 12 – Monthly $711.00
BSC Shops C
520 Trac
y Blvd. $59.25 12 – Monthly $711.00
BSC Warehouse
520 Tracy Blvd. $59.25 12 – Monthly $711.00
BSC Trailer #1
520 Trac
y Blvd. $59.25 12 – Monthly $711.00
Tracy Historic Museum
1141 Adam Street $59.25 12 – Monthly $711.00
Tracy Animal Shelter
2375 Paradise Rd. $59.25 12 – Monthly $711.00
Joe Wilson Pool
900 Lowell Ave. $59.25 12 – Monthly $711.00
Storage Buildings
609 6
th Street $59.25 12 – Monthly $711.00
Tracy Ballpark
23 rd Street (between Tracy Blvd &
Bessie Ave)
Press Box and Restroom
$59.25 12 - Monthly $711.00
Lammersville Schoolhouse
Lowell Ave. & Blanford Ln. $59.25 12 - Monthly $711.00
Tracy Sports Complex
955 Crossroads Drive
Meetin
g & Restroom
$59.25 12 – Monthly $711.00
Tracy Sports Complex
955 Crossroads Drive
Concession Stand
$59.25 12 – Monthly $711.00
Tracy Sports Complex
955 Crossroads Drive
Maintenance Building, Booster Pump
Station, Irrigation Cabinet
$59.25 12 – Monthly $711.00
Cordes Ranch
5926 Hood Way
Inside and Outside
$59.25 6 - Bimonthly $355.00
,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "! Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
TH Zone 4
Alley next to 3924 Telluride St
Inside and outside
$59.25 6 - Bimonthly $355.00
TH Zone 5
Top of Phase II Building
Inside and Outside
$59.25 6 - Bimonthly $355.00
Ball Park
2300 N Tracy Blvd
Inside and Outside
$59.25 6 - Bimonthly $355.00
Park n Ride
Next to 2422 Naglee
Inside and Outside
$59.25 6 - Bimonthly $355.00
Lincoln Well
200 E. Eaton Ave
Inside and outside
$59.25 6 - Bimonthly $355.00
NEI Tank - Control Room
1399 N. Chrisman Rd
Inside and outside
$59.25 6 - Bimonthly $355.00
Linne Well - Both buildings
238 Glenhaven Dr
Inside and outside
$59.25 6 - Bimonthly $355.00
Water Treatment Plant - Operations
Building
6649 S. Tracy Blvd
Outside onl
y
$59.25 6 - Bimonthly $355.00
Water Treatment Plant - Chemical
Building
6649 S. Tracy Blvd
Inside and outside
$59.25 6 - Bimonthly $355.00
Water Treatment Plant - UV Building
6649 S. Tracy Blvd
Inside and outside
$59.25 6 - Bimonthly $355.00
Water Treatment Plant - Electrical
1/MCC
6649 S. Tracy Blvd
Inside and Outside
$59.25 6 - Bimonthly $355.00
Water Treatment Plant - Blower
Building
6649 S. Tracy Blvd
Inside and Outside
$59.25 6 - Bimonthly $355.00
Water Treatment Plant – Maint. Shop
6649 S. Tracy Blvd
Outside only
$59.25 6 - Bimonthly $355.00
Hoyt Park
Third Street & Dale O’Dell Dr.
Restroom, Booster Pump Station,
Irri
gation Cabinet, Shade Structure
$59.25 4 – Quarterly $237.00
Kenner Park
Kavanagh Ave. & Golden Springs Dr.
Restroom, Booster Pump Station,
Irri
gation Cabinet, Shade Structures $59.25 4 - Quarterly $237.00 ,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "! Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
Larsen Park
Central Ave. & Ferdinand St.
Restroom, Irrigation Controller
Cabinet
$59.25 4 – Quarterly $237.00
Lincoln Park
East St. & Eaton Ave.
Restroom, Out Buildings, Irrigation
Cabinets, Gazebo, Shade Structure
$59.25 4 – Quarterly $237.00
McDonald Park
Central Ave. & First St.
Restroom, Splash Pad Building
$59.25 4 - Quarterly $237.00
Thoming Park
Sycamore Pkwy & Cambridge Pl.
Booster Pump Station, Irrigation
Cabinet, Shade Structures
$59.25 4 - Quarterly $237.00
Legacy Fields
Concession Stands, Restroom,
Grandstands, and Conex Boxes
(2)
$59.25 4 - Quarterly $237.00
Zanussi Park
Promenade Circle
Booster Pump Station, Irrigation
Controller Cabinet, Gazebo
$59.25 4 - Quarterly $237.00
Wastewater Treatment Plant -
Maintenance Shop
3900 Holly Dr
Outside
$59.25
4 - Quarterly
$237.00
Wastewater Treatment Plant - Trailer
3900 Holly Dr
Outside
$59.25 4 – Quarterly $237.00
Wastewater Treatment Plant -
Admin/Lab Building
3900 Holly Dr
Outside
$59.25 4 - Quarterly $237.00
Wastewater Treatment Plant -
Operations Building
3900 Holly Drive
Inside and Outside
$59.25 4 – Quarterly $237.00
Wastewater Treatment Plant - Sugar
Shack
3900 Holly Drive
Inside and Outside
$59.25 4 – quarterly $237.00
Wastewater Treatment Plant –
Storage
3900 Holly Drive
Inside and Outside
$59.25 4 – Quarterly $237.00
Clyde Bland Park
Lowell Ave. & Blanford Ln.
Restroom, Booster Pump Station,
Irri
gation Controller Cabinet
$59.25 4 – Quarterly $237.00
Dr. Powers Park
Lowell Ave. & Tracy Blvd.
Restroom
$59.25 4 - Quarterly $237.00
,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "! Professional Services Agreement between:
The City of Tracy and Pestmaster Services, L.P.
Galli Family Park
Lowell Ave & Orchard
Restroom, Booster Pump Station,
irri
gation Cabinet, Shade Structures
$59.25 4 – Quarterly $237.00
,6098325Ā-5:14671Ā/,(Ā !'*,# ,Ȁ'#-&Ȁ$).)Ȁ**'"Ȁ%%,+ ,'. "! December
3, 2024
Agenda Item
1.K
RECOMME
NDATION
Staff
recommends that the City Council adopt a Resolution approving an On -Call List of legal professionals, for a term of three years with the option to extend for two additional three-year terms , to provide general advisory legal services, special counsel services, Assistant City Attorney services, litigation services and other matters as determined by the City Attorney.
EXECUTI
VE SUMMARY
This agenda item seeks adoption of a Resolution approving an On-Call List of legal professionals who will provide general advisory legal services, special counsel services, interim Assistant City Attorney services, litigation services, and services for specific matters as needed and determined by the City Attorney. The list will remain valid for a minimum term of three years, but it can be renewed for two additional three-year terms, as may be determined by the then City Attorney. As the list of attorneys providing municipal legal services in the State of California is relatively small and static, the need to renew the list frequently may not be necessary and should be left to the discretion of the then City Attorney. Also, as unique matters do arise from time to time, the City Attorney has the discretion, under the authority already delegated through the Tracy Municipal Code, to utilize other attorneys that are not on the On -Call List but offer specialized skills and immediate availability that may better serve the City’s needs for any such specific matters.
Further
, the Tracy Municipal Code already delegates contracting authority to the City Attorney, and such contracting authority is subject to the overall budgetary authority granted to the City Attorney’s Office (CAO) by the City Council through the budget approval process. No additional contracting or budgetary action is requested at this time.
BACKG
ROUND AND LEGISLATIVE HISTORY
The City
of Tracy is a general law city and under this form of government, the City Council appoints the City Manager and the City Attorney. The City Council appointed Bijal M. Patel to serve as the City Attorney for the City of Tracy commencing on April 25, 2022. In addition to Ms.
Patel, the City Attorney ’s Office is staffed with one Assistant City Attorney position (which is currently unfilled), one Deputy City Attorney, one Paralegal and one Legal Secretary.
The duties of the CAO include, without limitation:
• Providing legal advice and opinions to the City Council, staff, commissions, committees, and officials, including reviewing all meeting agenda packets; • Drafting and reviewing legal documents, such as contracts, ordinances, resolutions, and leases,
including developing templates for routine City wide needs; • Developing and implementing the goals, objectives, policies, procedures, and work standards for the City Attorney’s office;
• Overseeing staff and day to day operations within the City Attorney’s Office; Agenda Item
1.K
December 3, 2024
• Conferring with and advis ing City departments, and prepares legal opinions concerning their respective duties, powers, functions, and obligations; • Evaluating legal claims filed against the City and recommending appropriate action; represents the City in collection of claims;
• Overseeing outside counsel and reviewing draft documents, opinions, and analysis as appropriate to ensure the rendering of appropriate legal services; • Preparing and review ing for legal sufficiency pleadings, motions, ordinances, resolutions, contracts, leases, deeds, permits, and other legal documents; and • Providing legal advice related to the Public Records Act, the Brown Act and general municipal law and attending City Council and Planning Commission meetings.
Histor
ically, the City has relied on assistance from outside counsel to provide advice on specialized areas of law, handle litigation matters which require extensive administrative support, and to increase the office’s capacity on an as needed basis to serve its departmental clients. The extensive volume of routine legal work of the City is generally handled in-house by the CAO. However, for over half of calendar year 2023, the CAO consisted only of the City Attorney and the Legal Secretary due to sudden vacancies in the office. After a quick informal solicitation process, the City Attorney was able to enlist Price Postal and Parma to provide, immediately, dedicated hours of assistance each week to assist on reviewing the City’s extensive contracts as well as related agenda packages. Additionally, as claims and other litigation matters continue to increase for the City, the need for outside legal services to handle these litigation services continues to increase.
ANALYSIS
On August
30, 2024, the CAO issued a Request for Proposals (RFP) for specific categories and sought attorney(s) or firm(s) with substantial experience in various municipal law practice areas to assist in meeting the specialized legal needs of the City. As the Assistant City Attorney position was vacant, the RFP also solicited proposals from interested firms to provide the services of that role, until that position is filled with an in-house candidate.
Proposal
s included a statement of qualifications that included descriptions of the attorney or firm’s experience in any of the following practice areas:
General M
unicipal Law and Special Counsel Matters, including but not limited to:
• Public
nuisance abatement and code enforcement issues including related litigation • Advising and preparing documents relating to elections, including but not limited to drafting of sales tax ballot measures and other measures • Development and implementation of amendments to the municipal code • Establishment of utility rates, fees, and charges
• Providing advice and assistance with complex business agreements with private and public corporations and other entities (drafting, reviewing, negotiating and related litigation)
• General advisory services related to the Public Records Act, the Brown Act and general municipal law
Agenda Item
1.K
December 3, 2024
Labor and Empl
oyment Matters, including but not limited to:
• Labor and empl
oyment litigation and administrative proceedings
• Drafting and reviewing personnel administrative policies and procedures • Advising and assisting on employee disciplinary matters, grievances, and appeals • Labor and employment advice, training and personnel investigations • Employee disability issues – FEHA/ADA
• Risk management/ Workers compensation (public entity employer) Litigation Defense, including but not limited to:
• Tort claims
• Land use and planning matters
• Construction Law/public works/prevailing wage matters • Public nuisance actions
• Eminent domain and inverse condemnation actions
Real Pr
operty and Land Use, including but not limited to:
• Draft
ing and negotiating development agreements
• Compliance with the California Environmental Quality Act, Subdivision Map Act, and Planning and Zoning Laws
• Reviewing and processing development applications and entitlements • Handling other land uses including property acquisitions, disposal, public improvements, easements, and dedications
• Wireless telecommunication land use regulatory issues • Real estate transactions/commercial document preparation Assist
ant City Attorney, Serve, as needed, the functions of an Assistant City Attorney to provide direct support to the City Attorney. Such duties include:
• Assi
sts in the development and implementation of goals, objectives, policies, procedures, and work standards for the City Attorney’s office. • Provides technical advice to attorneys in the office; handles the more complex and difficult litigation and situations.
• Confers with and advises City departments, and prepares legal opinions concerning their respective duties, powers, functions, and obligations. • Evaluates legal claims filed against the City and recommends appropriate action; represents the City in collection of claims.
• Renders legal opinions for City Staff, Planning Commission, and other boards. • Prepares and reviews for legal sufficiency pleadings, motions, ordinances, resolutions, contracts, leases, deeds, permits, and other legal documents. • Represents the City Attorney at City Council, board, commission, and committee meetings.
• Acts as the City Attorney on a relief basis.
• Performs other related duties as assigned.
The CAO
received and reviewed sixteen (16) proposals from various law firms with vast experience in advising and representing municipalities. The RFP requested that the attorney assigned to each scope of services be identified so that the qualifications of the individual Agenda Item 1.K
December 3, 2024
proposed to perform the legal services’ experience could be evaluated in conjunction with the law firm’s experience.
The Respondents were required to provide proposed fee schedules including hourly rates for attorneys and support staff. If hourly billing rates would vary for different types of work, such as litigation or cost recovery, an indication of rates charged for each type of service was required.
The hourly rates quoted were to include all salary and compensation, and all overhead expenses, profits and other employee costs, including but not limited to clerical and word processing expenses. Respondents were asked to include alternatives to hourly billing, including fixed price representation. The proposals were to identify what charges the firm would impose for travel time.
All proposals received were reviewed and evaluated by the City Attorney to determine which attorneys and/or firms best meet the City’s needs by demonstrating the competence and professional qualifications necessary for the satisfactory performance of the proposed scope of services. The information provided in the Statements of Qualifications and Proposals and references were important as well as proposed fee arrangements, experience, service delivery and other qualifications. In reviewing the proposals, the City Attorney has determined that all respondents are qualified for the categories for which they submitted responses and recommends that the City Council approve all them for the On-Call List.
As noted above, the City Attorney already has delegated contracting authority and budget authority and will engage legal services from the On-Call List on an as needed basis. The CAO has a legal services agreement that all firms are required to sign prior to providing services. The agreement is structured such that each independent matter for which a firm is engaged is assigned a separate task order with appropriate budget.
Ms. Patel recently tendered her resignation and her last day in the City is December 31, 2024. As there may be a gap during which time there is no appointed City Attorney, Ms. Patel will engage an attorney from the On-Call List, once approved by the City Council, to serve as an interim Assistant City Attorney. Hopefully, the same firm will also have the capacity to serve as an interim City Attorney should the City Council seek to go that route.
FISCAL IMPACT
This action does not entail the expenditure of funds. As noted above, the City Attorney has certain contracting authority delegated per the Tracy Municipal Code and budgetary authority is granted by the City Council through the budget approval process each year. While most of the legal services are funded through the CAO’s budget, some of the legal services are reimbursed by applicants through cost recovery agreements or through the Human Resources Departmental budget.
PUBLIC OUTREACH/ INTEREST
There is no public outreach to be had as the City Attorney determines when and who shall be retained as outside counsel on matters that relate to the CAO under the delegated authority of the Tracy Municipal Code.
Agenda Item 1.K
December 3, 2024
COORDINATION
The CAO in coordination with the City’s departments identified the speci fic legal needs f or outside legal services in each department.
CEQA
DETERMINATION
This action is not a project under the California Environmental Quality Act.
STRATEGIC PLAN
The approval of an on-call list for specialized legal services will allow the City to obtain specialized legal services that will promote the City Council’s strategic priorities: governance, quality of life, economic growth and development and public safety.
ACTI
ON REQUESTED OF THE CITY COUNCIL
Staff recommends that the City Council adopt a Resolution approving an On- Call List of legal professionals, for a term of three years with the option to extend for two additional three- year terms, to provide general advisory legal services, special counsel services, Assistant City Attorney services, litigation services and other matters as determined by the City Attorney.
Prepared and
Approved by: Bijal M. Patel, City Attorney
Reviewed by: Felicia Galindo, Budget Officer
Karin Schnaider, Assistant City Manager
Attachment A: Proposed On-Call List
NAME GENERAL MUNICIPAL
LAW
LABOR &
EMPLOYMENT LITIGATION DEFENSE REAL PROPERTY/ LAND USE
ASSISTANT CITY
ATTORNEY
Atkinson, Andelson,Loya, Ruud &
Romo X X X X
Aleshire & Wynder X X X X X
BKS Law Firm X X
Burke, Williams & Sorensen, LLP
X X X
Civica Law Group, APC X X X
Colantuono Highsmith Whatley,
PC X X X X X
Jarvis Fay X X X
Jones Mayer Law X X X X
Law Office of Daniel Daporto X X
Liebert Cassidy Whitmore X
Meyers Nave X X
Olson Remcho, LLP X X X
Redwood Public Law X X X X
Richards Watson Gershon X X X X
Renne Public Law Group X X X
Sloan, Sakai, Yeung & Wong LLP
X X X X
Stoel Rives X X
Van Dermyden Makus X
ATTACHMENT A
APPROVED AS TO FORM AND LEGALITY
________________________
CIT
Y ATTORNEY’S OFFICE
TRAC
Y CITY COUNCIL
RES
OLUTION NO. _______________
APPROVING AN ON- CALL LIST OF LEGAL PROFESSIONALS, FOR A TERM OF THREE
YEARS WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL THREE-YEAR TERMS, TO
PROVIDE GENERAL ADVISORY LEGAL SERVICES, SPECIAL COUNSEL SERVICES,
ASSISTANT CITY ATTORNEY SERVICES, LITIGATION SERVICES AND OTHER MATTERS
AS DETERMINED BY THE CITY ATTORNEY
WHEREAS, the City Attorney has historically relied on assistance from outside counsel to provide advice
on specialized areas of law to increase the City’s capacity to serve its departmental clients; and
WHEREAS, the City Attorney has identified the need for specialized legal services in the following categories: General Municipal law, Labor and Employment matters, Litigation defense, Real Property and Land Use, and an Assistant City Attorney to serve, as needed, t he functions of an Assistant City Attorney; and
WHEREAS, on August 30, 2024, the City Attorney’s office, following established procedures pursuant to Tracy Municipal Code section 2.20.140, posted a Request for Proposals for experienced and specialized legal professionals; and WHEREAS, the City received sixteen (16) proposals to provide legal services in various categories; and
WHEREAS, the requested on-call legal services are for general legal advisory services, special counsel services, Assistant City Attorney services, and services for specific matters and cases as needed and determined by the City Attorney; and WHEREAS, the City Attorney carefully evaluated all sixteen proposals received based on the
criteria described in the RFP, and determined that all sixteen respondents possessed the skills, experience, competence, professional qualifications, and certifications required to provide the services required by the City and have been deemed qualified to remain on an On-Call List; and
WHEREAS, the City Attorney will utilize such services on an on -call basis, and the City has and/or will execute Legal Services Agreements with each law firm that will allow discrete matters to be performed on a task order basis; now, therefore, be it RESOLVED: That the City Council of the City of Tracy approves the On-Call Legal Professional Services list for general legal advisory services, special counsel services, Assistant City Attorney services, and services for specific matters and cases as needed and determined by the City Attorney, as reflected in Exhibit 1; and be it Resolution 2024-
FURTHER RESOLVED: That the On-Call List shall remain valid for three years, and the City Attorney
has the discretion to renew the list for two additional three-year terms; and be it FURTHER RESOLVED: That the City Attorney may contract for legal services as per the authority delegated
in the Tracy Municipal Code.
* * * * * * * * * * * *
* *
The fore going Resolution 2024-_____ was adopted by the Tracy City Council on December 3, 2024, by the following vote:
AYES: COUNCI
L 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
Exhibit 1: Proposed On-Call List
NAME GENERAL MUNICIPAL
LAW
LABOR &
EMPLOYMENT LITIGATION DEFENSE REAL PROPERTY/ LAND USE
ASSISTANT CITY
ATTORNEY
Atkinson, Andelson,Loya, Ruud &
Romo X X X X
Aleshire & Wynder X X X X X
BKS Law Firm X X
Burke, Williams & Sorensen, LLP
X X X
Civica Law Group, APC X X X
Colantuono Highsmith Whatley,
PC X X X X X
Jarvis Fay X X X
Jones Mayer Law X X X X
Law Office of Daniel Daporto X X
Liebert Cassidy Whitmore X
Meyers Nave X X
Olson Remcho, LLP X X X
Redwood Public Law X X X X
Richards Watson Gershon X X X X
Renne Public Law Group X X X
Sloan, Sakai, Yeung & Wong LLP
X X X X
Stoel Rives X X
Van Dermyden Makus X
EXHIBIT 1
December 3, 2024
Agenda Item 3.A
RECOMMENDATION
Staff recommends that the City Council conduct a public hearing, and upon conclusion, adopt a resolution approving the Community Development Block Grant and HOME Investment Partnership Program local funding priorities in the scoring of Community Development Block Grant and HOME Investment Partnership Program grant applications and funding allocation recommendations for fiscal years 2025-26 through 2030-31.
EXECUTIVE SUMMARY
This agenda item seeks adoption of a Resolution establishing the Community Development Block Grant (CDBG) and HOME Investment Partnership Program (HOME) local funding priorities for fiscal years 2025-26 through 2030-31. This action will guide the Parks and Community Services Commission (Commission) subcommittee on the evaluation, score, and rank of the CDBG and HOME grant applications and funding allocation recommendations.
BACKGROUND AND LEGISLATIVE HISTORY
The CDBG and HOME grant funds, allocated to cities and counties by the United States Depar
tment of Housing and Urban Development (HUD), profoundly impact our community.
These funds are used in projects, programs, and services that benefit low- and moderate- income persons, providing decent housing, a suitable living environment, and expanding economic opportunities. As a sub-recipient of the grant, the City of Tracy receives an annual pass-through allocation from San Joaquin County, the entitlement county that receives fundi ng directly from HUD.
In November 2010, the City Council directed the establishment of a Commission subcommittee to evaluate CDBG and HOME grant applications and make funding allocation recommendations to the City Council. The pur pose of establishing the subcommittee was to encourage meaningful citizen involvement, public examination, and appraisal of the process and enhance program accountability.
The City Council also directed staff to revise the CDBG and HOME application process so that those agencies that best address the local needs of the T racy community receive priority funding. These local funding priorities were to be established for five-year terms, and they were adopted in 2010 and 2016. A subsequent five-year term was not adopted in 2021.
In 2021, the local funding priorities could not be established for a five-year term because of a need to support COVID-19 response efforts, implementation of process improvements, decreased staff, and lack of public outreach and community participation in establishing new priorities. The City Council adopted a one-year extension of the local funding priorities instead of a five-year term. An additional one-year extension was adopted by the C ity Council t he following year. This extension lapsed in the fiscal year 2023-24, resulting in no local funding priorities being adopted since then, including the fiscal year 2024-25 currently underway. The previously adopted local funding priorities were utilized in the grant application process and funding allocation recommendations for these fiscal years.
Agenda Item 3.A
December 3, 2024
In
October 2024, the Economic Development Division conducted a community survey to establish new local funding priorities for fiscal years 2025-26 through 2030-31. The survey was advertised on several communication platforms to promote public outreach and community participation, and the results were presented to the Commission.
On November 7, 2024, at a Commission meeting, the survey results establishing proposed CDBG and HOME local funding priorities were presented to the Commission to review and recommend for fiscal years 2025-26 through 2030-31 for adoption by the City Council. The meeting also appointed a three-member subcommittee to evaluate, score, and rank the CDBG and HOME grant
applications and recommend funding allocation for the fiscal year 2025-26.
At the Commission meeting, members posed questions, and an issue was raised regarding establishing the local funding priorities for public services. Changes to the application score sheet were requested. The Commission motioned to replace the top two priorities identified by the survey, i.e., youth education and enrichment and senior and special needs, with those recognized at the meeting as being of greater need, i.e., food distribution and homeless services, etc. A Commission member also requested changes to the application score sheet.
The member expressed a need for more precise directions on scoring criteria and a desire to meet with staff on such changes. City staff addressed the questions and issues raised as described in the Coordination section below.
ANALYSIS
A comm
unity survey is conducted every five years to establish local funding priorities in priority rank order and encourage meaningful citizen involvement in the CDBG and HOME grant application process. These priorities are used in the application scoring process and as a guide to determine where to allocate funding based on community priorities. The results of the survey ranked the following local funding public services priorities as follows:
CDBG Public Services
1. Youth Education and Enrichment Activities
2. Senior and Special Needs Services
3. Homelessness Prevention, Intervention, and Transitional Housing Services
4. Food Distribution Services
5. Economic Development – Workforce Training Programs/Technical Business Assistance and Training
6. Domestic Violence Services
7. Economic Development – Support and Expansion of Micro-Businesses (less than five employees)
As noted
above in Background and Legislative History, the Commission made a motion to replace the top two priorities identified by the survey, i.e., youth education and enrichment and senior and special needs, with those recognized at the meeting as being of greater need, i.e., food distribution, homeless services, etc. This ranking is shown below in the Coordination section.
Agenda Item 3.A
December 3, 2024
The
results of the survey ranked the following local public facilities improvement priorities as follows:
CDBG Public Facilities/Improvements
1. Public Parks and Community Facilities, e.g., community centers, libraries, parks, etc.
2. Local Infrastructure Improvements, e.g., streets, sidewalks, water/sewer, etc.
3. Handicap Accessibility Improvements (ADA)
The result
s of the survey ranked the following local housing activities priorities as follows:
Housing Activities
1. Homeless Shelters
2. Accessibility Improvements
3. Affordable Housing
4. Traditional Housing
5. Homeownership Assistance
6. Owner Occupied Housing Rehabilitation
7. Rental Housing Rehabilitation
8. Senior Housing
9. Housing for Disabled Individuals
10. Fair Housing Services
11. Housing for Larger families
The surv
ey results and modifications made by the Commission to public services establish the proposed local funding priorities for the fiscal year 2025-26 through 2030-31.
FISCAL IMPACT
CDBG
and HOME are allocated to the City as HUD grant funding, as outlined below.
The City
of Tracy’s estimated CDBG allocation for FY2025-2026 is approximately $527,994.
Funding for public service activities is capped at 15% of the City’s annual allocation. Public service activities include but are not limited to:
• Employment services • Crime prevention and public safety • Code enforcement • Child and youth services
• Education programs • Public health and substance abuse • Services for senior citizens • Homeless services
• Economic development • Recreational services
The remai
ning 85% of the CDBG annual allocation will be dedicated to public facilities, public improvement projects, and program administration. Public facilities and improvement activities include but are not limited to:
• Acquisition, construction, rehabilitation, or installation of public infrastructure • Neighborhood facilities, including public schools, libraries, recreational facilities, parks and playgrounds
• Facilities for persons with special needs, such as facilities for the homeless or domestic violence shelters, nursing homes, and group homes for the disabled • Removal of architectural barriers for persons with severe disabilities Agenda Item 3.A
December 3, 2024
The estimated CDBG funding allocation amount by program category is detailed below.
CDBG Program Category
Estimated Funding
Allocation Amount
Public Services $79,199
Public Facilities/Improvements $361,676
Program Administration $87,119
An esti
mated annual allocation of HOME funds of $143,836 will be available for general housing activities such as homeowner housing reconstruction and rehabilitation, new construction of affordable housing, and other eligible activities.
PUBLIC OUTREACH / INTEREST
A comm
unity survey was conducted for two weeks during October 2024. The survey comprised 11 questions about the respondent’s demographics and ranking preferences for public service, public facility improvements, housing projects, programs, and services. The City made several outreach and engagement efforts to solicit responses from the community in both English and Spanish. These attempts include:
• City We
bsite
• Press Release
• Tracy Press Advertisement
• Farmer’s Market Attendance
• Social Media (Facebook, Instagram, and LinkedIn)
There were
79 responses received, with 97% being from residents. The survey was completed primarily by women, with a 66% gender rate. Approximately 57% of those that responded were between the ages of 35-61. The survey revealed homeownership at 72%, with no respondents residing in public housing or receiving Section 8 rental assistance. The average household size for 50% of the respondents was 3-4. Approximately 22% responded that they or a family member have a disability or an access/functional need. Most respondents, 46%, indicated a household income greater than $100,000.
COORDINATION
On November 7, 2024, the Commission was presented with the community survey results and discussed the proposed local funding priorities. Commission members noted that the demographics of the survey respondents were primarily middle-income women aged 35-61, earning more than $100,000 per year, making them not low—and moderate-income persons who are intended to benefit from the CDBG and HOME programs and services that may not have participated in the survey. It was expressed that this creates a difference in the wants of the community versus the needs and that there was more of a need for food distribution services and homeless prevention, intervention, and transitional housing services. As such, a motion was made by the Commission to replace the top two priorities identified by the survey, i.e., youth education and enrichment, and senior and special needs, with those recognized at the meeting as being of greater need, i.e., food distribution and homeless services, etc.
Agenda Item 3.A
December 3, 2024
Commission Recommendation – CDBG Public Services
1. Food Distribution Services
2. Homelessness Prevention, Intervention, and Transitional Housing Services
3. Youth Education and Enrichment Activities
4. Senior and Special Needs Services
5. Economic Development – Workforce Training Programs/Technical Business Assistance and Training
6. Domestic Violence Services
7. Economic Development – Support and Expansion of Micro-Businesses (less than five employees)
A Commission member also requested changes to the application score sheet. The member expressed a need for more precise directions on scoring criteria and a desire to meet with staff on such changes. City staff responded that they would review the scoring sheet for opportunities to provide more precise directions and include additional information on the scoring criteria at the public meeting. Staff also indicated they would meet with the Commission member to discuss any potential changes to the scoring sheet.
Two members of the Commission were appointed at the meeting to serve on a subcommittee comprised of three individuals to evaluate, score, and rank the CDBG and HOME grant program applications. The two members include Commission members Todd Lieberg and Scott Arbogast. To avoid meeting a quorum, the remaining subcommittee members will consist of a City staff member.
Members asked additional questions at the Commission meeting. These questions related to the application deadline date, the use of funds to repair water lines, and the types of senior projects eligible for funding. Staff communicated that an exact application deadline date had yet to be set; however, it would be near mid-January. It was clarified that the repair of water lines could be an eligible public facilities/improvements project and that any projects related to seniors meeting the program's objectives could qualify.
CEQA DETERMINATION
A California Environmental Quality Act (CEQA) determination is not required for this item.
STRATEGIC PLAN
This agenda item supports Goal 3 of Quality of Life, which is to provide recreation and cultural arts programming and events that bolster quality of life. Goal 4 of Quality of Life is to increase the local affordable housing supply. Goal 4 of Economic Development is to attract businesses and jobs that meet the community's needs and desires. Goal 5 of Public Safety is to continue to build relationships with community members to enhance communication, collaboration, and trust.
After careful consideration, the Commission decided to modify the survey rankings for Public Services to better align with the community's varying needs, as shown below. The survey-based rankings for the two additional categories remained unchanged and are listed under Public Facilities/Improvements and Housing activities in the Analysis section above.
Agenda Item 3.A
December 3, 2024
ACTION REQUESTED OF THE CITY COUNCIL
Staff
recommends that the City Council conduct a public hearing, and upon conclusion, adopt a resolution approving the Community Development Block Grant and HOME Investment Partnership Program local funding priorities in the scoring of Community Development Block Grant and HOME Investment Partnership Program grant applications and funding allocation recommendations for fiscal years 2025-26 through 2030-31.
Prepared b
y: Isabel Espinosa, Administrative Technician
Jorge T. Barrera, J.D., Economic Development Manager
Reviewed
by: Forrest Ebbs, Director of Community and Economic Development Brian MacDonald, Director of Parks, Recreation and Community Services Sara Castro, Finance Director
Kamalpreet Gill, Deputy City Attorney
Karin Schnaider, Assistant City Manager
Approv
ed by: Midori Lichtwardt, City Manager
ATTACHMENTS
Attac
hment A – PowerPoint
Community Development Block Grant &
Home Investment Partnership Program
f
Adoption of Local Funding Priorities
December 3, 2024
Attachment A
Program Background
U.S. HUD Grant Programs
• Community Development Block Grant (CDBG)
• HOME Investment Partnerships Pro gram (HOME)
Grant Program Funds
• Allocation to cities and coun ties
• Tracy receives annual pass-th rough allocation from the County • Awarded to nonprofits, institutional, and govt. organizations • Competitive grant application process
• For projects, programs, and services that b enefit low and moderate-income individuals
Grant Program Objectives
• Decent housing
• Suitable living environment
• Expand economic opportunities
2 3
FY2025-26
Estimated Allocation Summary
CDBG Allocation Estimate
Public Service: $79,199
Public Facilities: $361,676
Administration Costs: $87,119
Total: $527,994
HOME Allocation Estimate
• Housing Activities Total: $143,836
Parks and Community Services
Commission
4 Local Funding
Priorities
• Review and recommend to
City Council
Commission
Subcommittee
• Appoint a three-person
subcommittee
• 2 Commission members
• 1 City staff person
• Evaluate, score, and rank
applications
• Make funding allocation
recommendations to City
Council
5 Local Funding Priorities
• Established every five years by survey
• Encour
ages citizen participation
• Helps determine funding allocations
• Priorities used in the scoring process
Local Funding Priorities Survey
6 Survey Information
• Conducted in October 2024
• English and Spanish
• 11 questions
• 79 responses
Community Outreach
• City Website
• Press Release
• Tracy Press Advertisement
• Farmer’s Market Attendance
• Social Media (Facebook, Instagram, and LinkedIn)
Local Funding Priorities
CDBG Rankings
7 Public Services
1. Food Distribution Services (1)*
2. Homelessness Prevention, Intervention & Transitional Housing Services (2)*
3. Youth Education and Enrichment Activities (5)*
4. Senior and Special Needs Services (3)*
5. Economic Development – Workforce Training/Business Assistance
6. Domestic Violence Services (4)*
7. Economic Development – Support and Expansion of Micro-Businesses Public Facilities/Improvement
1. Public Parks and Community Facilities (1)*
2. Local Infrastructure Improvements, e.g., streets, sidewalks, etc.
3. Handicap Accessibility Improvements (ADA) (2)*
*Denotes prior priority ranking
8 Local Funding Priorities
HOME Ranking
Housing Activities
1. Homeless Shelters
2. Accessibility Improvements
3. Affordable Housing
4. Traditional Housing
5. Homeownership Assistance
6. Owner Occupied Housing Rehabilitation
7. Rental Housing Rehabilitation
8. Senior Housing
9. Housing for Disabled Individuals
10. Fair Housing Services
11. Housing for Larger families
Tracy Senior Living Project
Note: Previous priority rankings included addressing public safety, health, and welfare, rehabilitating residential properties occupied by low-income persons, and partnering to construct income-restricted family and senior housing facilities.
Application and Process Timeline
December 2024 - Notice of Funding Availability (NOFA)
January 2025 – Public Outreach Meeting/Application Deadline February 2025 – Subcommittee recommendation to Commission March 2025 – Commission recommendation to City Council
9 Recommendation
10 Staff recommends that the City Council accept the
recommendation of the Parks and Community Services
Commission and adopt a resolution to approve the
Community Development Block Grant and HOME
Investment Partnership Program local funding priorities for fiscal years 2025-26 through 2030-31 in the scoring of
Community Development Block Grant and HOME
Investment Partnership Program grant applications and
funding allocation recommendations
11 For more information on the CDBG and HOME grant programs, email [email protected] or scan the QR Code.
APPROVED AS TO FORM AND LEGALITY
________________________
CIT
Y ATTORNEY’S OFFICE
TRAC
Y CITY COUNCIL
RES
OLUTION 2024-_____
APPRO
VING THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME
INVESTMENT PARTNERSHIP PROGRAM LOCAL FUNDING PRIORITIES IN
THE SCORING OF COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME
INVESTMENT PARTNERSHIP PROGRAM GRANT APPLICATIONS AND
FUNDING ALLOCATION RECOMMENDATIONS FOR FISCAL YEARS 2025-26 THROUGH 2030-31.
WHER
EAS, on November 3, 2010, the City Council directed staff to revise the Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) application process so that those agencies that best address the local needs of the Tracy community received priority funding; and
WHER
EAS, after several meetings and discussions, an independent survey and reports from various agencies, staff recommended, and City Council approved by Resolution 2010-179, the following four areas as having the greatest community need at that time: (1) job creation, (2) emergency food and shelter, (3) domestic violence services, and (4) senior/adult services; and WHER
EAS, local priorities can shift over time based on economic and physical growth, limited resources, and other factors; and
WHER
EAS, on October 6, 2016, the Parks and Community Services Commission (Commission) recommended to the City Council, who then approved on November 15, 2016, by Resolution No. 2016-243, local funding priorities through fiscal year 2021-2022; and WHER
EAS, at the November 4, 2021, regular meeting of the Commission, a recommendation was made to the City Council to extend the previously approved local funding priorities up to fiscal year 2022-23 by Resolution No. 2021-167; and WHER
EAS, due to staffing transitions, the public outreach and community input that is extremely valuable in determining new local funding priorities was not completed; and WHER
EAS, the City Council extended the previously approved local funding priorities up to fiscal year 2023-24 by Resolution No. 2023-013; and WHER
EAS, local funding priorities for the fiscal year 2024-25 were not adopted due to staffing transitions, and the public outreach and community input were not completed; and WHER
EAS, staff conducted a community survey to establish new local funding priorities for fiscal years 2025-26 through 2030-31; and
Resolution 2024-_____
WHEREA
S, at the November 7, 2024, regular meeting of the Commission, a recommendation was made to the City Council to adopt local funding priorities for both the CDBG and HOME programs, in priority rank order, as follows:
CDBG Public
Services Category
1. Food Distribution Services
2. Homelessness Prevention, Intervention, and Transitional Housing Services
3. Youth Education and Enrichment Activities
4. Senior and Special Needs Services
5. Economic Development – Workforce Training Programs/Technical Business Assistance and Training
6. Domestic Violence Services
7. Economic Development – Support and Expansion of Micro-Businesses (less than five employees)
CDBG Publ
ic Facilities/Improvements
1. Public Parks and Community Facilities, e.g., community centers, libraries, parks, etc.
2. Local Infrastructure Improvements, e.g., streets, sidewalks, water/sewer, etc.
3. Handicap Accessibility Improvements (ADA)
Housin
g Activities
1. Homeless Shelters
2. Accessibility Improvements
3. Affordable Housing
4. Traditional Housing
5. Homeownership Assistance
6. Owner Occupied Housing Rehabilitation
7. Rental Housing Rehabilitation
8. Senior Housing
9. Housing for Disabled Individuals
10. Fair Housing Services
11. Housing for Larger families
WHEREAS, all eligible community non-profit, institutional and government organizations may apply for CDBG and HOME grant funding but those applicants that most fully satisfy t he local priority funding areas will receive priority preference in the annual funding allocation process; and
WHEREAS, the local funding priorities will be es tablished commencing in fiscal year 2025-26 through 2030-31; now, therefore be it
RESOLVED: That the City Council of the City of Tracy does hereby approve the fo
llowing local funding priorities for the CDBG and HOME grant programs, in priority rank order, for fiscal years 2025-26 through 2030-31:
CDBG
Public Services Category:
1. Food Distribution Services
2. Homelessness Prevention, Intervention, and Transitional Housing Services Resolution 2024-_____
3. Youth Education and Enrichment Activities
4. Senior and Special Needs Services
5. Economic Development – Workforce Training Programs/Technical Business Assistance and Training
6. Domestic Violence Services
7. Economic Development – Support & Expansion of Micro-Businesses (less than five employees)
CDB
G Public Facilities/Improvements Category:
1. Public Parks and Community Facilities e.g., community centers, libraries, parks, etc.
2. Local Infrastructure Improvements e.g. streets, sidewalks, water/sewer, etc.
3. Handicap Accessibility Improvements (ADA)
HOME
:
1. Homeless Shelters
2. Accessibility Improvements
3. Affordable Housing
4. Traditional Housing
5. Homeownership Assistance
6. Owner Occupied Housing Rehabilitation
7. Rental Housing Rehabilitation
8. Senior Housing
9. Housing for Disabled Individuals
10. Fair Housing Services
11. Housing for Larger families
* * *
* * * * * * * * * * *
The foregoing Resolution 2024-_____ was adopted by the Tracy City Council on the 3rd day of December 2024 by the following vote:
AYES: CO
UNCIL 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
December 3, 202 4
Agenda Item 3.B
ADOPTING A RESOLUTION 1) AMENDING THE AT-WILL EMPLOYMENT AGREEMENT BETWEEN MIDORI LICHTWARDT AND THE CITY OF TRACY, EFFECTIVE DECEMBER 3, 2024, TO REFLECT A MERIT INCREASE OF 5% FOR A BI-WEEKLY INCREASE FROM $11,805.56 TO $12,395.84; 2) AMENDING THE MASTER SALARY SCHEDULE TO
REFLECT THE SALARY INCREASE FOR THE CITY MANAGER, EFFECTIVE DECEMBER 3, 2024; AND 3) AMENDING THE MASTER SALARY SCHEDULE, TO REFLECT THE
SALARY INCREASE FOR THE MAYOR, CITY COUNCIL AND TREASURER APPROVED BY ORDINANCE 1351, EFFECTIVE JANUARY 1, 2025.
This item is for the City Council to amend the at-will employment agreement between Midori Lichtwardt and the City of Tracy. Ms. Lichtwardt was appointed as the City Manager on December 19, 2023. Ms. Lichtwardt received a satisfactory performance evaluation from City Council on November 19, 2024, and the City Council authorized an amendment to her employment agreement to reflect a merit increase of 5%, as shown on Attachment A.
The amendment to the at-will employment agreement updates Subsection A “Base Salary” of Section 3 “Compensation and Benefits” of the Employment Agreement to include the increased bi-weekly
salary of $12,395.84 reflecting the 5% merit increase. The agreement is amended to read, in its entirety, as follows:
“Section 3.A. During the term of this agreement, EMPLOYEE shall receive a base salary of $12,395.84, bi-weekly. This increase reflects a merit increase of 5%.” This item wi
ll also authorize an amendment to the Master Salary Schedule, effective December 3, 2024, to reflect a bi-weekly increase from $11,805.56 to $12,395.84 as shown in Attachment B. On October 15, 2024, City Council approved Ordinance 1351 increasing the monthly salary of the Mayor, Councilmembers and City Treasurer, effective the first full pay period after January 1, 2025. This item will authorize an amendment to the Master Salary Schedule, effective January 12, 2025, to reflect the updated salary for City Manager and Mayor, Councilmembers, and City Treasurer as shown in Attachment C.
The proposed amendment to the agr
eement has been prepared by Kimberly Murdaugh,
Director of Human Resources, on behalf of the City Council.
ATTACHME
NTS
Attachment A – A
mendment to Employment Agreement between Midori Lichtwardt and the City of Tracy
Attachment B – Master Salary Schedule Effective December 3, 2024 Attachment C – Master Salary Schedule Effective January 12, 2025 Amendment to Employment Agreement
City of Tracy and Midori Lichtwardt