Agenda — Waterford City Council, August 17, 2023

AGENDA

WATERFORD CITY COUNCIL - REGULAR MEETING

WATERFORD CITY HALL, CITY COUNCIL
CHAMBERS 101 “E” STREET, WATERFORD, CA

CALL TO ORDER &
FLAG SALUTE: Mayor Goeken
INVOCATION: Invocation
ROLL CALL:

Mayor: Charlie Goeken
Vice Mayor: Jill Kitchens
Council Members: Christine Harris, Jamie Hilton, Elizabeth Talbott ADOPTION OF AGENDA:

A member of the City Council motions to accept the items on the agenda for consideration as presented, or motions for any additions, including emergency items, or items pulled from consideration.

CONFLICT OF INTEREST DECLARATION:

Declaration by City Council members who may have a direct Conflict of Interest on any scheduled agenda item to be considered.

1. 2.

This is the portion of the meeting specifically set aside to invite public comments regarding any matters not appearing on the agenda and within the jurisdiction of the City Council or the Successor Agency. Individual audience participation is limited to a maximum of 5 minutes. We encourage you to share your name and address or submit a speaker card to the City Clerk.

WATERFORD CITY COUNCIL REGULAR MEETING – August 17, 2023 - 6:30 PM

COMMUNICATIONS FROM THE AUDIENCE

PRESENTATIONS

ADOPTION OF CONSENT CALENDAR
3d: MOTION: Accepting the Treasurer’s Report for the Quarter Ended June 30, 2023.

4. 4.

5. 6.
6a: MOTION: Authorizing Staff to Prepare and Release a Request for Proposal (RFP) Soliciting Contractors for the Project No. 2023-09, “Skyline Boulevard Improvements”. (Statzer) 6b: MOTION: Awarding Bid and Approving an Agreement with Rolfe Construction Inc., in the amount of $2,195,939.00 for Project No. 2023-10, “Tim Bell Water and Sewer Project” and Authorizing the City Manager to Execute the Agreement. (Statzer)

7. 8.
8a: City Project List

9. 9a: City Staff
9b: City Council

10. 11.
11a: CONFERENCE WITH REAL PROPERTY NEGOTIATIONS”
(Pursuant to Government Code Section 54956.8) – 109 E Street Sale

12. CLOSED SESSION

ADJOURNMENT / RECESS

STAFF/COUNCIL COMMENTS AND MEETING REPORTS

INFORMATIONAL ITEMS

SUCCESSOR AGENCY TO THE FORMER WATERFORD REDEVELOPMENT AGENCY

GENERAL BUSINESS

FINAL READINGS

REPORT OUT OF CLOSED SESSION

PUBLIC HEARINGS
NOTICE
REPORTS: Copies of the staff reports or other written documentation relating to each item of business referred to on the agenda are on file in the office of the City Clerk. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection at the front counter at City Hall during normal business hours.

COMMUNICATIONS FROM THE AUDIENCE: If you wish to address the City Council or the Successor Agency on any item not on the printed agenda, prior to the start of the meeting, or prior to addressing the City Council or the Successor Agency, complete and submit a speaker card and deliver it to the City Clerk. (Please note, speaker cards are not required, however completing a speaker card enables staff to better follow up with you later, if necessary and attribute your comments to you in the minutes of the meeting). When the Mayor calls for “Communications from the Audience,” stand or raise your hand and the Mayor will ask you to approach the podium and state your name and city of residence. It is the policy of the City Council that they will not act on any matter not appearing on the posted agenda. The purpose of the discussion is to permit a member of the public to raise an issue or problem and to permit the City Council to ask questions for clarification of the issue or problem, provide information to the public, provide direction of the City Staff, or schedule the matter for a future meeting. Please hold all comments to five (5) minutes.

PUBLIC COMMENTS RELATED TO AN ITEM ON THE PRINTED AGENDA: Members of the public are entitled to directly address the City Council or the Successor Agency concerning any item that is described on the agenda during consideration of that item. If during a public hearing, the Mayor will direct when the hearing has opened for public comment. If you wish to address the City Council or the Successor Agency on any item listed on this agenda, please complete a speaker card and deliver it to the City Clerk prior to discussion of that item. (Please note, speaker cards are not required, however completing a speaker card enables staff to better follow up with you later, if necessary and attribute your comments to you in the minutes of the meeting.) When your name is called proceed to the podium and state your name and city of residence.

WRITTEN MATERIAL INTRODUCED INTO THE RECORD: Citizens wishing to introduce written material into the record at the public hearing on any item are requested to provide a copy of the written material to the City Clerk prior to the public hearing date and/or prior to the opening of the public hearing so that the material may be distributed to the City Council prior to the public hearing.

NOTICE REGARDING CHALLENGES TO DECISIONS: Pursuant to all applicable laws and regulations, including without limitation, California Government Code Section 65009 and or California Public Resources Code Section 21177, if you wish to challenge in court any decisions (regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, the public hearing.

LIVE AND ON-DEMAND VIDEO RECORDINGS OF THE CITY COUNCIL/SUCCESSOR AGENCY: The meeting of the Waterford City Council/Successor Agency can be watched live and on-demand from the City’s website at www.cityofwaterford.org.

AMERICANS WITH DISABILITIES ACT (ADA): In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disabilityrelated modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (209) 874-2328 ext. 101 or email:
[email protected]. Requests must be made as early as possible and at least two-full business days before the start of the meeting General Information: The Waterford City Council meets on the 1st and 3rd Thursdays of each month at 6:30PM., unless otherwise noticed.

Council Agenda’s: Copies of City Council Agenda and agenda related writings or documents will be made available for public inspection at the front counter at City Hall located at 101 “E” Street, Waterford, CA 72 hours prior to the meeting, or at the time of the scheduled meeting. 8/8/2023
Patricia Krause, CMC, City Clerk Date
Consent Calendar 3a
August 17, 2023
Patricia Krause, City Clerk / Administrative Services Director City Council Staff Report
Motion: Waive Readings of Ordinances and Resolutions, Except by Title.

SUMMARY:

It is recommended that the City Council approve the waiver of readings of Ordinances and Resolutions, except by title.

ANALYSIS:

Pursuant to California Government Code §36934, approval of the waiver of readings will allow Ordinances and Resolutions to be introduced by title only and acted upon without the need to read the entire text of the item into the public record. The documents related to proposed Ordinances and Resolutions are available for review by the public on the City’s website and in the City Clerk’s office at City Hall.

FISCAL IMPACT:

N/A
ENVIRONMENTAL REVIEW:

N/A
ALTERNATIVES:

1. Direct the City Clerk to read the entire text of resolutions and ordinances prior to approval and adoption.

2. Take no action.

ATTACHMENTS:

N/A
Consent Calendar 3b
August 17, 2023
Patricia Krause, City Clerk / Administrative Services Director City Council Staff Report
Resolution: Adopting Resolution 2023-38, Approving the Warrant Register in the Amount of $935,325.64 for the Period of August 3 to August 7, 2023.

SUMMARY:

Consider approving the Warrant Register for the period of August 3 to August 7, 2023.

ANALYSIS:

As per Government Code Section §41004, a listing of all payments the City has made for goods and services need to be approved by City Council on a regular basis. This Warrant Register includes payments and payroll made for the period of August 3 to August 7, 2023.

FISCAL IMPACT:

Payments for this period total $935,325.64.

ENVIRONMENTAL REVIEW:

N/A
ALTERNATIVES:

1. Take no action.

2. Provide staff with further direction.

ATTACHMENTS:
• Resolution #2023-38
• Check Register Report

WATERFORD CITY COUNCIL

DATE TOTAL

PAYROLL
8/7/2023 $ 31,720.15

ACCOUNTS PAYABLE
8/3/2023 $ 887,545.99
8/7/2023 $ 16,059.50
TOTAL $ 935,325.64
Passed and Adopted by the City Council of Waterford at a regular meeting held on By the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

PATRICIA KRAUSE, CMC, CITY CLERK CHARLIE GOEKEN, MAYOR
RESOLUTION 2023-38
RESOLUTION # 2023-38
August 17, 2023
The City of Waterford does hereby reserve, determine and order as follows:

SECTION 1: That in accordance with Section 37202 of the Government Code that the City Manager hereby certifies to the accuracy of the following demands and the availability of funds for the payment thereof.

SECTION 2: That the following claims and demands are subject to audit as required by law, and that the same are hereby set forth.

User:

Printed: 08/03/2023 - 2:46PM
tina
Computer Check Proof List by Vendor
Accounts Payable
Batch: 00001.08.2023
Invoice No Description Amount Payment Date Acct Number Reference Vendor: 102200 ABS DIRECT, INC Check Sequence: 1 ACH Enabled: False 132669 JULY STATEMENTS 357.31 08/03/2023 5050-700-7190
132669 JULY STATEMENTS 89.32 08/03/2023 5070-800-7190
132669 JULY STATEMENTS 357.31 08/03/2023 5071-800-7190
132669 JULY STATEMENTS 89.33 08/03/2023 5072-800-7190
132674 PAST DUE STATEMENTS - JUNE 2023 80.70 08/03/2023 5050-700-7190 132674 PAST DUE STATEMENTS - JUNE 2023 20.18 08/03/2023 5070-800-7190 132674 PAST DUE STATEMENTS - JUNE 2023 80.69 08/03/2023 5071-800-7190 132674 PAST DUE STATEMENTS - JUNE 2023 20.18 08/03/2023 5072-800-7190 MP-20230721 PREPAID POSTAGE 680.00 08/03/2023 5050-700-7540 MP-20230721 PREPAID POSTAGE 170.00 08/03/2023 5070-800-7540 MP-20230721 PREPAID POSTAGE 680.00 08/03/2023 5071-800-7540 MP-20230721 PREPAID POSTAGE 170.00 08/03/2023 5072-800-7540 Check Total: 2,795.02
Vendor: 110900 AT&T MOBILITY Check Sequence: 2 ACH Enabled: False X07242023 IPAD# 287880326939 44.09 08/03/2023 1010-110-7811 Check Total: 44.09
Vendor: 105896 AYERA TECHNOLOGIES, INC. Check Sequence: 3 ACH Enabled: False 485416 INTERNET- CITY HALL AUGUST 214.00 08/03/2023 1010-110-7811 485512 INTERNET- WWTP AUGUST 84.00 08/03/2023 5050-700-7811 Check Total: 298.00
Vendor: 106515 BOSS BUSINESS SYSTEMS INC Check Sequence: 4 ACH Enabled: False 453119 COPIER LEASE - MAY 217.65 08/03/2023 1010-110-7510 Check Total: 217.65
Vendor: 110800 CHUCK'S AUTO PARTS Check Sequence: 5 ACH Enabled: False 901128 FUEL FILTER FOR FLAIL 58.24 08/03/2023 1010-580-7420 AP-Computer Check Proof List by Vendor (08/03/2023 - 2:46 PM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference 901515 VACTOR FLUID 30.18 08/03/2023 5050-700-7430
Check Total: 88.42
Vendor: 115750 DISPLAY SALES COMPANY Check Sequence: 6 ACH Enabled: False INV-035781 FLAGS FOR PD & CITY HALL 133.91 08/03/2023 1010-210-7510 INV-035781 FLAGS FOR PD & CITY HALL 133.91 08/03/2023 1010-110-7510 Check Total: 267.82
Vendor: 116925 TINA ENVIA Check Sequence: 7 ACH Enabled: False 300012355 CSFMO DUES - CHARTER MEETING DUES 35.00 08/03/2023 1010-110-7750 300012355 CSFMO DUES - CHARTER MEETING DUES 125.00 08/03/2023 1010-110-7720 Check Total: 160.00
Vendor: 120800 GEORGE REED, INC. Check Sequence: 8 ACH Enabled: False 07282023 F STREET OVERLAY - PROGRESS #2 614,111.92 08/03/2023 6310-310-8286 Check Total: 614,111.92
Vendor: 200786 GHD, INC. Check Sequence: 9 ACH Enabled: False 380-0036303 YOSEMITE CORRIDOR STUDY THROUGH 07/31/2023 16,248.21 08/03/2023 6310-310-8295 Check Total: 16,248.21
Vendor: 200759 JARED STEELEY WATER & WASTEWATER MANAGEMENT Check Sequence: 10 ACH Enabled: False 9989 WATER CONSULTING FEES - JULY 2023 1,707.40 08/03/2023 5070-800-7190 9989 WATER CONSULTING FEES - JULY 2023 5,975.90 08/03/2023 5071-800-7190 9989 WATER CONSULTING FEES - JULY 2023 853.70 08/03/2023 5072-800-7190 Check Total: 8,537.00
Vendor: 138700 LINDE GAS & EQUIPMENT INC. Check Sequence: 11 ACH Enabled: False 372262723 CYLINDER RENTAL - 6/20 TO 07/20/2023 42.27 08/03/2023 1010-310-7510 Check Total: 42.27
Vendor: 131000 MCR ENGINEERING, INC. Check Sequence: 12 ACH Enabled: False 18544 ENCROACHMENT PERMIT INSPECTION FOR 2023 260.00 08/03/2023 1010-430-7196 18544 CALTRANS YOSEMITE ADA PROJECT 2,810.00 08/03/2023 2171-310-7190 18544 YOSEMITE/HWY 132 & PASADENA SIGNALIZATION 1,440.00 08/03/2023 6310-310-8293 18544 F STREET PEDESTRIAN - CONSTRUCTION MGMNT 6,210.00 08/03/2023 6310-310-8297 18544 TIM BELL WATER & SEWER DESIGN 4,770.00 08/03/2023 5075-800-8022 18544 F STREET RUBBERIZED OVERLAY - CM 8,139.36 08/03/2023 6310-310-8286 AP-Computer Check Proof List by Vendor (08/03/2023 - 2:46 PM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference 18544 PECAN & DORSEY CDBG IMPROVEMENTS 5,760.00 08/03/2023 2080-460-8290 18544 SKYLINE IMPROVEMENTS 3,600.00 08/03/2023 6310-310-8298 18544 WWTP ROAD RETAINING 10,000.00 08/03/2023 4350-700-7196 Check Total: 42,989.36
Vendor: 131898 MID VALLEY IT Check Sequence: 13 ACH Enabled: False 202142712 IRIS RICHARDS PC REPLACEMENT 496.38 08/03/2023 5050-700-7516 202142712 IRIS RICHARDS PC REPLACEMENT 496.38 08/03/2023 5071-800-7516 Check Total: 992.76
Vendor: 132724 JANE MOONEYHAM Check Sequence: 14 ACH Enabled: False 07172023 CERTIFIED MAILING FOR NEIGHBORHOOD PRESERVATION 25.68 08/03/2023 1010-110-7540 Check Total: 25.68
Vendor: 136600 PG&E Check Sequence: 15 ACH Enabled: False 07182023 SERVICE 06/16 THROUGH 07/18/2023 18.40 08/03/2023 1010-110-7820 07182023 SERVICE 06/16 THROUGH 07/18/2023 8.60 08/03/2023 1010-310-7820 07182023 SERVICE 06/16 THROUGH 07/18/2023 8.60 08/03/2023 1010-580-7820 07182023 SERVICE 06/16 THROUGH 07/18/2023 24.25 08/03/2023 1010-210-7820 07182023 SERVICE 06/16 THROUGH 07/18/2023 17.20 08/03/2023 1010-560-7820 07182023 SERVICE 06/16 THROUGH 07/18/2023 8.93 08/03/2023 1010-550-7820 Check Total: 85.98
Vendor: 130200 ROBBINS BROWNING GODWIN & MARCHINI LLP Check Sequence: 16 ACH Enabled: False 69410 LEGAL SERVICES THROUGH 07/31/2023 3,728.74 08/03/2023 1010-110-7194 69411 LEGAL SERVICES THROUGH 07/31/2023 67.50 08/03/2023 1010-110-7194 69412 LEGAL SERVICES THROUGH 07/31/2023 225.00 08/03/2023 1010-110-7194 Check Total: 4,021.24
Vendor: 143200 SIERRA AIRLESS REPAIR Check Sequence: 17 ACH Enabled: False 15657 PAINT MACHINE SERVICE 225.14 08/03/2023 1010-310-7420 15668 PAINT MACHINE REPAIRS 381.19 08/03/2023 1010-310-7420 Check Total: 606.33
Vendor: 146900 STANISLAUS COUNTY SHERIFF Check Sequence: 18 ACH Enabled: False 4554 CONTRACT SERVICES FOR JUNE 2023 189,098.22 08/03/2023 1010-210-7170 Check Total: 189,098.22
AP-Computer Check Proof List by Vendor (08/03/2023 - 2:46 PM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference Vendor: 148501 STEAD BACKFLOW PREVENTION SERVICES Check Sequence: 19 ACH Enabled: False 6055 BACKFLOW SERVICE 190.00 08/03/2023 5070-800-7420
6055 BACKFLOW SERVICE 665.00 08/03/2023 5071-800-7420
6055 BACKFLOW SERVICE 95.00 08/03/2023 5072-800-7420
Check Total: 950.00
Vendor: 150500 THORSEN'S INC. Check Sequence: 20 ACH Enabled: False 1137708 PD - REPAIR A/C 710.71 08/03/2023 1010-210-7410 Check Total: 710.71
Vendor: 150567 TURLOCK IRRIGATION DISTRICT Check Sequence: 21 ACH Enabled: False 07212023 HICKMAN POWER - 06/21 THROUGH 07/21/2023 1,725.76 08/03/2023 5072-800-7820 Check Total: 1,725.76
Vendor: 200768 VALLEY WATER COLLABORATIVE Check Sequence: 22 ACH Enabled: False 01162023d WWTP - CONTRIBUTION FOR VWC ACTIVITIES 2,748.81 08/03/2023 5050-700-7920 Check Total: 2,748.81
Vendor: 157859 XCAST LABS, INC. Check Sequence: 23 ACH Enabled: False 10887167 VOIP SERVICES FOR AUGUST 492.83 08/03/2023 1010-110-7810 10887167 VOIP SERVICES FOR AUGUST 127.31 08/03/2023 1010-210-7810 10887167 VOIP SERVICES FOR AUGUST 80.30 08/03/2023 5050-700-7810 10887167 VOIP SERVICES FOR AUGUST 24.09 08/03/2023 5070-800-7810 10887167 VOIP SERVICES FOR AUGUST 48.18 08/03/2023 5071-800-7810 10887167 VOIP SERVICES FOR AUGUST 8.03 08/03/2023 5072-800-7810 Check Total: 780.74
Total for Check Run:

Total of Number of Checks:
887,545.99
23 AP-Computer Check Proof List by Vendor (08/03/2023 - 2:46 PM) Page 4 User:

Printed: 08/07/2023 - 10:53AM
'Marissa'
Payroll
Include Partial: FALSE
ACH Check Register
Batch: 00007.08.2023
Check Date Check Number Employee No Employee Name Amount 08/07/2023 0 1002 629.79
08/07/2023 0 1006 704.56
08/07/2023 0 1008 2,170.74
08/07/2023 0 1017 708.54
08/07/2023 0 1018 1,353.80
08/07/2023 0 1019 652.09
08/07/2023 0 2004 58.23
08/07/2023 0 2005 2,523.39
08/07/2023 0 2006 3,069.03
08/07/2023 0 2010 810.13
08/07/2023 0 2012 2,095.16
08/07/2023 0 2020 3,812.96
08/07/2023 0 2024 1,851.60
08/07/2023 0 2028 1,779.22
08/07/2023 0 2030 1,783.45
08/07/2023 0 2031 2,360.71
08/07/2023 0 2032 2,236.12
08/07/2023 0 2033 1,266.82
08/07/2023 0 3002 135.20
08/07/2023 0 3010 124.47
08/07/2023 0 3012 126.62
08/07/2023 0 3013 126.62
08/07/2023 0 3014 126.62
Total Employees: 23 Total: 30,505.87
PR- ACH Check Register (08/07/2023 - 10:53 AM) Page 1
Printed:

User:

Batch:

Computer Check Register
Payroll
Marissa
08/07/2023 - 10:43AM
00007.08.2023
Check No Check Date Employee Information Amount
2466 08/07/2023 2034 1,214.28
Total Number of Employees: 1 Total for Payroll Check Run: 1,214.28 PR-Check Register (08/07/2023 - 10:43 AM) Page 1
User:

Printed: 08/07/2023 - 2:25PM
Marissa
Computer Check Proof List by Vendor
Accounts Payable
Batch: 00007.08.2023
Invoice No Description Amount Payment Date Acct Number Reference Vendor: 105201 BANK OF THE WEST (IRS TAXES) Check Sequence: 1 ACH Enabled: True PR Batch 00031.07.2023 Medicare Employee Portion - KRAUSE CORREC -54.32 07/31/2023 1010-000-2240 PR Batch 00031.07.2023 Medicare Employee Portion PR Batch 00007.08.2023 Medicare Employee Portion 659.88 08/07/2023 1010-000-2240 PR Batch 00007.08.2023 Medicare Employee Portion PR Batch 00007.08.2023 Medicare Employer Portion 659.88 08/07/2023 1010-000-2240 PR Batch 00007.08.2023 Medicare Employer Portion PR Batch 00031.07.2023 Medicare Employer Portion - KRAUSE CORREC -54.32 07/31/2023 1010-000-2240 PR Batch 00031.07.2023 Medicare Employer Portion PR Batch 00007.08.2023 FICA Employee Portion 268.14 08/07/2023 1010-000-2240 PR Batch 00007.08.2023 FICA Employee Portion PR Batch 00031.07.2023 FED TAX - KRAUSE CORREC -327.25 07/31/2023 1010-000-2220 PR Batch 00007.08.2023 FICA Employer Portion 268.14 08/07/2023 1010-000-2240 PR Batch 00007.08.2023 FICA Employer Portion PR Batch 00007.08.2023 Federal Income Tax 4,173.87 08/07/2023 1010-000-2220 PR Batch 00007.08.2023 Federal Income Tax Check Total: 5,594.02
Vendor: 108350 CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT Check Sequence: 2 ACH Enabled: True PR Batch 00007.08.2023 CALIFORNIA SDI 409.58 08/07/2023 1010-000-2260 PR Batch 00007.08.2023 CALIFORNIA SDI PR Batch 00031.07.2023 CALIFORNIA SDI - KRAUSE CORRECTION -33.71 07/31/2023 1010-000-2260 PR Batch 00031.07.2023 CALIFORNIA SDI PR Batch 00031.07.2023 STATE TAX - KRAUSE CORRECTION-126.25 07/31/2023 1010-000-2230 PR Batch 00007.08.2023 EDD TRAINING TAX 6.55 08/07/2023 1010-000-2260 PR Batch 00007.08.2023 EDD TRAINING TAX PR Batch 00007.08.2023 STATE UNEMPLOYMENT 104.39 08/07/2023 1010-000-2260 PR Batch 00007.08.2023 STATE UNEMPLOYMENT PR Batch 00007.08.2023 State Income Tax 1,257.10 08/07/2023 1010-000-2230 PR Batch 00007.08.2023 State Income Tax Check Total: 1,617.66
Vendor: 154101 MISSION SQUARE - 303352 Check Sequence: 3 ACH Enabled: False PR Batch 00007.08.2023 DEFERRED COMP-457 945.00 08/07/2023 1010-000-2280 PR Batch 00007.08.2023 DEFERRED COMP-457 PR Batch 00007.08.2023 457 LOAN REPAY 244.68 08/07/2023 1010-000-2280 PR Batch 00007.08.2023 457 LOAN REPAY PR Batch 00007.08.2023 DEFERRED COMP 457 - % 950.77 08/07/2023 1010-000-2280 PR Batch 00007.08.2023 DEFERRED COMP 457 - % PR Batch 00007.08.2023 DEFERRED COM-457 - EMPLOYER PD 219.41 08/07/2023 1010-000-2285 PR Batch 00007.08.2023 DEFERRED COM-457 - EM Check Total: 2,359.86
Vendor: 139400 PUBLIC EMPLOYEE RETIREMENT SYSTEM Check Sequence: 4 ACH Enabled: True PR Batch 00031.07.2023 EMPLOYEE PERS CONTRIBUTION - KRAUSE CORRE -299.69 07/31/2023 1010-000-2270 PR Batch 00031.07.2023 EMPLOYEE PERS CONTR PR Batch 00007.08.2023 EMPLOYEE PERS CONTRIBUTION 3,173.16 08/07/2023 1010-000-2270 PR Batch 00007.08.2023 EMPLOYEE PERS CONTR PR Batch 00031.07.2023 EMPLOYER PAID PERS - KRAUSE CORRECTION -499.72 07/31/2023 1010-000-2270 PR Batch 00031.07.2023 EMPLOYER PAID PERS AP-Computer Check Proof List by Vendor (08/07/2023 - 2:25 PM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference PR Batch 00007.08.2023 EMPLOYER PAID PERS 3,700.81 08/07/2023 1010-000-2270 PR Batch 00007.08.2023 EMPLOYER PAID PERS Check Total: 6,074.56
Vendor: 147925 FRANCHISE TAX BOARD STATE OF CALIFORNIA Check Sequence: 5 ACH Enabled: False PR Batch 00007.08.2023 CA FRANCHISE TAX BOARD 178.00 08/07/2023 1010-000-2290 PR Batch 00007.08.2023 CA FRANCHISE TAX BOA Check Total: 178.00
Vendor: 148050 STATIONARY ENGINEERS LOCAL 39 Check Sequence: 6 ACH Enabled: False PR Batch 00007.08.2023 UNION DUES 235.40 08/07/2023 1010-000-2290 PR Batch 00007.08.2023 UNION DUES Check Total: 235.40
Total for Check Run:

Total of Number of Checks:
16,059.50
6 AP-Computer Check Proof List by Vendor (08/07/2023 - 2:25 PM) Page 2 Consent Calendar 3c
August 17, 2023
Patricia Krause, City Clerk / Administrative Services Director City Council Staff Report
Motion: Approving Minutes of the Regular City Council Meeting held August 3, 2023.

SUMMARY:

Consider approving minutes from the August 3, 2023 Regular City Council meeting.

ANALYSIS:

Approve Minutes of the Regular City Council Meeting held on August 3, 2023.

FISCAL IMPACT:

N/A
ENVIRONMENTAL REVIEW:

N/A
ALTERNATIVES:

1. Direct the City Clerk to make amendments to the minutes and bring them back for approval at a future City Council meeting.

2. Take no action.

ATTACHMENTS:
• City Council Regular Meeting Minutes of August 3, 2023.

MINUTES

WATERFORD CITY COUNCIL - REGULAR MEETING

WATERFORD CITY HALL, CITY COUNCIL
CHAMBERS 101 “E” STREET, WATERFORD, CA
MEETING CALLED TO ORDER BY MAYOR GOEKEN AT 6:30 PM
FLAG SALUTE: Mayor Goeken
INVOCATION: Pastor Pete Mar, Community Bible Church
ROLL CALL PRESENT:

Mayor Goeken
Vice Mayor Kitchens
Council Member Hilton
Council Member Talbott
ABSENT: Council Member Harris
STAFF PRESENT:

Michael Pitcock, City Manager
Marissa Martinez, Administrative Analyst/Deputy City Clerk Lonnie Statzer, Public Works Superintendent
Corbett Browning, City Attorney
Michael Parker, Police Chief
ADOPTION OF AGENDA:

ACTION: By motion moved and seconded (CM Hilton / CM Talbott / 4-0) to adopt the Agenda.

AYES: Goeken, Hilton, Kitchens, Talbott
NAYS: None
ABSENT: Harris
ABSTAIN: None
Motion passed 4-0.

CONFLICT OF INTEREST DECLARATION:

None.

1. 2.

WATERFORD CITY COUNCIL REGULAR MEETING – August 3, 2023 - 6:30 PM

COMMUNICATIONS FROM THE AUDIENCE

PRESENTATIONS
This is the portion of the meeting specifically set aside to invite public comments regarding any matters not appearing on the agenda and within the jurisdiction of the City Council or the Successor Agency. Individual audience participation is limited to a maximum of 5 minutes. We encourage you to share your name and address or submit a speaker card to the City Clerk.

1. Maria Pulido – Interested in bringing a food truck into Waterford. City Manager, Mike Pitcock informed her, per the City’s ordinance, food trucks are not allowed within the city. Mike suggested she leave her contact information to set up a meeting to discuss possible change of the ordinance in the future.

2. Jose Saldana – Voiced his opinion and suggested the City hire more employees in our Public Works department. Mr. Saldana also suggested updating some Public Works equipment.

3. All Matters listed under the Consent Calendar are considered routine by the Council and will be adopted by one action of the Council unless any Council Member desires to discuss any item or items separately. In that event, the Mayor will remove that item from the Consent Calendar and action will be considered separately.
3a: MOTION: Waiving all Readings of Ordinances and Resolutions, except by title. 3b: RESOLUTION: Resolution 2023-35, Approving the Warrant Register in the Amount of $1,114,264.14 for the Period of July 10 to July 24, 2023.
3c: MOTION: Approving Minutes of the Regular City Council Meeting held July 6, 2023. 3d: MOTION: Approving the Reappointment of Holly Fielder to the Parks & Recreation Commission for an unfilled 2-Year Term Ending July 2025.
3e: MOTION: Approving the Appointment of Dan Clipper to the Parks & Recreation Commission, for an unfilled 2-Year Term Ending July 2025
ACTION: By motion moved and seconded (CM Hilton / CM Talbott / 4-0) to adopt the Consent Calendar.

AYES: Goeken, Hilton, Kitchens, Talbott
NAYS: None
ABSENT: Harris
ABSTAIN: None
Motion passed 4-0.

4. 4.

5. 6.
6a: MOTION: Authorizing the Release of a Request for Proposals for the Preparation of a Wastewater System Rate and Fee Study. (Envia)
ACTION: By motion moved and seconded (CM Talbott / CM Hilton / 4-0) to Authorize the Release of a Request for Proposals for the Preparation of a Wastewater System Rate and Fee Study.

GENERAL BUSINESS

FINAL READINGS

ADOPTION OF CONSENT CALENDAR

PUBLIC HEARINGS
AYES: Goeken, Hilton, Kitchens, Talbott
NAYS: None
ABSENT: Harris
ABSTAIN: None
Motion passed 4-0.
6b: RESOLUTION: Approving Resolution 2023-36, Accepting Improvements for Project No. 2022-03, “River Pointe Well 2 Rehab Project” and Authorizing the City Engineer to File a Notice of Completion with the Stanislaus County Recorder’s Office. (Statzer) ACTION: By motion moved and seconded (CM Kitchens / CM Talbott / 4-0) Approving Resolution 2023-36, Accepting Improvements for Project No. 2022-03, “River Pointe Well 2 Rehab Project” and Authorizing the City Engineer to File a Notice of Completion with the Stanislaus County Recorder’s Office
AYES: Goeken, Hilton, Kitchens, Talbott
NAYS: None
ABSENT: Harris
ABSTAIN: None
Motion passed 4-0.
6c: MOTION: Rejecting all Bids for the Project No. 2023-08, “Western Ave., Pecan Ave, and Dorsey St.

Improvements” due to Bid Irregularities and Authorizing the City Engineer to Re-Bid the project. (Statzer)
ACTION: By motion moved and seconded (CM Hilton / CM Kitchens / 4-0) Rejecting all Bids for the Project No. 2023-08, “Western Ave., Pecan Ave, and Dorsey St. Improvements” due to Bid Irregularities and Authorizing the City Engineer to Re-Bid the project.

AYES: Goeken, Hilton, Kitchens, Talbott
NAYS: None
ABSENT: Harris
ABSTAIN: None
Motion passed 4-0.
6d: MOTION: Accept the Parks & Recreation Commission Recommendation to promote a City Youth Basketball League and Provide Funding per the Proposed Budget. (Statzer) ACTION: By motion moved and seconded (CM Hilton / CM Talbott / 4-0) To Accept the Parks & Recreation Commission Recommendation to promote a City Youth Basketball League and Provide Funding per the Proposed Budget.

AYES: Goeken, Hilton, Kitchens, Talbott
NAYS: None
ABSENT: Harris
ABSTAIN: None
Motion passed 4-0.
6e: MOTION: Accept the Parks & Recreation Commission Recommendation for City Parks Improvements and direct staff to develop a list of priority improvements based on Council funding direction. (Statzer) ACTION: By motion moved and seconded (CM Kitchens / CM Hilton / 4-0) To Accept the Parks & Recreation Commission Recommendation for City Parks Improvements and direct staff to develop a list of priority improvements based on Council funding direction.

AYES: Goeken, Hilton, Kitchens, Talbott
NAYS: None
ABSENT: Harris
ABSTAIN: None
6f: RESOLUTION: Approving Resolution 2023-37, Adopting the one day Retail Vendor Application. (Envia) ACTION: By motion moved and seconded (CM Talbott / CM Hilton / 4-0) Approving Resolution 2023-37, Adopting the one day Retail Vendor Application.

AYES: Goeken, Hilton, Kitchens, Talbott
NAYS: None
ABSENT: Harris
ABSTAIN: None
Motion passed 4-0.

7. 8.
8a: City Project List

9. 9a: City Staff
Michael Pitcock (City Manager) Hopes everyone is enjoying the drive on the updated roads. Reported road work is still being done.

Chief Michael Parker reported crime updates. He mentioned National Night Out was a success, there was a great turnout.
9b: City Council
Mayor Goeken Congratulation to Holly Fielder and Dan Clipper for the re-appointment and appointment as Parks & Recreation Commissioners.

Council Member Hilton Commented National Night Out was the best community turnout. Gave thank you to Love Waterford and the Sheriff’s Department.

10. ACTION: By motion moved and seconded (CM Talbott / CM Hilton / 4-0) to adjourn the meeting at 7:17pm.

AYES: Goeken, Hilton, Kitchens, Talbott
NAYS: None
ABSENT: Harris
ABSTAIN: None
Motion passed 4-0.

11. CLOSED SESSION

ADJOURNMENT / RECESS

STAFF/COUNCIL COMMENTS AND MEETING REPORTS

INFORMATIONAL ITEMS

SUCCESSOR AGENCY TO THE FORMER WATERFORD REDEVELOPMENT AGENCY

12. NOTICE
REPORTS: Copies of the staff reports or other written documentation relating to each item of business referred to on the agenda are on file in the office of the City Clerk. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection at the front counter at City Hall during normal business hours.

REPORT OUT OF CLOSED SESSION
Consent Item 3d
August 17, 2023
Tina Envia, Finance Manager
City Council Staff Report
Motion: Accepting the Treasurer’s Report for the Quarter Ended June 30, 2023.

SUMMARY:

Accept the Treasurer’s Report for the Quarter that ended June 30, 2023. The report is provided for informational purposes to keep the City Council informed as to the nature of the City’s investments and cash position.

ANALYSIS:

The City Treasurer is required to report quarterly to the City Council on the status of the cash and investments held by the City of Waterford. Attached is the report for the quarter ended June 30, 2023.

Total cash and investments held by the City at June 30, 2023 totaled $11,229,286. The attached report details these amounts by account and Fund. The current investments held by the City of Waterford are in compliance with the Investment Policy and the City has sufficient cash flow to meet the City’s expected expenditures for the next six months.

FISCAL IMPACT:

The report is a disclosure of the cash and investments balance as of June 30, 2023 ENVIRONMENTAL REVIEW:

N/A
ALTERNATIVES:

1. Do not accept the Treasurer’s Report. This is not recommended, as Section 53646 of the California Government Code states the Treasurer or Chief Fiscal Officer shall render a report to the City Council and City Manager, at least quarterly, detailing information on all securities, investments and moneys of the City.

2. Provide direction to Staff.

3. Accept the Treasurers Report as presented.

ATTACHMENTS:
• Treasurer’s Quarterly Report for the quarter ended June 30, 2023 Prepared By: Tina Envia
Finance Manager
PORTFOLIO Interest Earned Current Prior Quarter
FINANCIAL INSTITUTION YIELD PERCENT for the Quarter Balance Balance Bank of the West - Checking 0.00% 46.94% - $ $ 5,137,778 5,271,555 $ Bank of the West - Payroll 0.00% 0.00% - $ $ 112 27 $
Chandler Asset Management
CSJVRMA Investment Pool 1.60% 15.50% 7,234 $ $ 1,733,318 1,740,552 $ State of California - LAIF Funds (PFA) 3.01% 0.65% 491 $ $ 72,84 73,335 $ 4 State of California - LAIF Funds (City) 3.01% 29.41% 22,108 $ $ 3,280,206 3,302,314 $ Investments - Bank of the West SEE DETAIL 7.49% 4,041 $ $ 837,462 841,503 $ TOTAL FOR THE CITY OF WATERFORD 100% 33,874 $ $ 11,061,720 11,229,286 $The current investments held by the City of Waterford are in compliance with the Investment Policy and the City has sufficient cash flow to meet the City's expected expenditures for thenext six months. The current balance represents the market value of the investments for all accounts except for the Investments - Bank of the West which are reflected at cost.

Supplemental information is provided concerning the market value of that account.

TREASURER'S QUARTERLY REPORT
June 30, 2023
City of Waterford
Detail Listing of Investments Bank of the West
June 30, 2023
Investment Purchase Date Market Maturity Call Interest Estimated Investment CUSIP Type Par Value Price Purchased Value Date Date Rate Yield Los Angeles County PUB WKS 5.0% 54473EQF4 Municipal Bonds 60,000.00 64,903 3/23/2022 60,483 12/1/2023 5.00% 4.75% Nevada Irr Dist JT Powers 5.0% 641322BJO Municipal Bonds 65,000.00 69,878 3/23/2022 65,775 3/1/2024 5.00% 4.72% Microsoft Fixed Rate 3.625% 594918AW4 Corporate Bonds 200,000.00 209,310 3/23/2022 198,814 12/15/2023 3.63% 3.53% Alphabet Inc Fxd Rt 3.375% 02079KAB3 Corporate Bonds 165,000.00 171,277 3/23/2022 162,905 2/25/2024 3.38% 3.30% Chevron Corp Fixed Rate 2.895% 166764-BT-6 Corporate Bonds 100,000.00 103,525 9/1/2017 98,254 3/3/2024 2.90% 2.74% Total Investments - Book Value 618,893 586,231Money Market Account 222,610 222,610 808,841 841,503
City of Waterford
Cash Balance By Fund
Treasurers Report 6-30-2023
Fund Fund General/Investments Payroll Laif
Number Description Balance Balance WPFA Total
1010 General Fund 5,245,595 26 5,245,621
2005 Special Business Pilot Program 108,013 108,013
2010 Abandoned Vehicle Abatement 18,520 18,520
2030 CDBG Rehab Grant 0 0
2050 Gas Tax 383,047 383,047
2060 Housing Rehab Loans 0 0
2070 HCD Home Program 348,117 348,117
2080 CDBG Consortium 4,309 4,309
2091 Impact Fee Admin/Planning 29,445 29,445
2092 Impact Fee City Facilities 1,047 1,047
2093 Impact Fee Water 0 0
2100 Impact Fees Due to County 0 0
2110 Impact Fee Drainage 5,915 5,915
2121 Impact Fee Sewer Collection 39,807 39,807
2131 Impact Fee Parks and Rec 207,897 207,897
2151 Impact Fee Police 0 0
2170 Impact Fee Public Works 0 0
2171 Impact Fee Traffic 787,294 787,294
2191 Impact Fee Wastewater 374,706 374,706
2210 Lighting Landscaping District 26,649 26,649
2230 Lighting District 114,148 114,148
2240 CFD 2019-1 8,835 8,835
2270 Local Transportation Fund 20,837 20,837
2330 RDA Obligation Retirement Fund 7,814 7,814
4350 Wastewater Improvements (1) (146,419) (146,419)
5050 Wastewater Treatment Plant 816,796 816,796
5070 Riverpoint Water System 101,460 101,460
5071 Waterford Water System 1,239,818 1,239,818
5072 Hickman Water System 82,272 82,272
5075 Waterford Water CIP 306,037 306,037
5076 Hickman Water CIP (1) (56,914) (56,914)
5090 Waterford Public Financing Authority 300,765 73,335 374,100 6310 CIP Streets 141,923 141,923
6320 CIP Streets Measure L 733,927 733,927
6580 CIP Parks (2) (95,735) (95,735)
$ 26 11,155,925 $ 73,335 $ 11,229,286 $
From Summary: 11,229,286 $
Difference - $
(1) Operations will offset shortfalls in CIP reserves.
(2) Grant funds are pending to cover the deficit.

General Business 6a
August 17, 2023
Lonnie Statzer Public Works Superintendent
City Council Staff Report
Motion: Authorizing Staff to Prepare and Release a Request for Proposal (RFP) Soliciting Contractors for the Project No. 2023-09, “Skyline Boulevard Improvements” SUMMARY:

Staff is requesting authorization to prepare and release a Request for Proposal (RFP) from contractors for the “Skyline Boulevard Improvements.”
ANALYSIS:

This project is located on Skyline Boulevard between 250 feet west of Bentley Street to Yosemite Boulevard (SR132). Skyline Boulevard over the years has become very dilapidated, with some areas of asphalt almost gone. The reconstruction of this section of road will provide a nice, uniformed look connecting this project to where our previous road rehabilitation projects have ended. The reconstruction of this road will also provide a great route of travel thru this part of our City for our residents.

This project will include pavement reconstruction and stripping. All proposed improvements are within the City’s right-of-way.

FISCAL IMPACT:

The engineer’s estimate for this project is $333,000.

Funding Source Line Code Funding Amount
STBGP 6310-310-8298 $439,000
ENVIRONMENTAL REVIEW:

This project is categorically exempted according to Title 14, Chapter 3, Article 19 of the Guidelines for Implementation of the California Environmental Quality Act (CEQA), in accordance with Section 15301 “Existing Facilities.”
ALTERNATIVES:

1. Council could choose not to move forward with these improvements and direct staff to use these funds towards another improvement project.

ATTACHMENTS:
• Bid Authorization Request Summary
• Sample Agreement
• Location Map

BID AUTHORIZATION REQUEST SUMMARY
Project Name: Skyline Boulevard Improvements
Proposed Advertisement Date: August 18, 2023
Proposed Bid Date: September 20, 2023
Estimated Construction Schedule: October 9 – November 7, 2023 Engineer’s Estimate: $333,000
Funding Sources: CDBG
Project Location:

This project is located on Skyline Boulevard between west of Bentley Street to Yosemite Boulevard (SR132).

Project Description:

This project will include pavement reconstruction and striping. All proposed improvements are within the City’s right-of-way.

Western, Pecan and Dorsey Improvements C-1

A G R E E M E N T
FOR

PUBLIC IMPROVEMENT
PROJECT NO. 2023-09
“SKYLINE BOULEVARD IMPROVEMENTS”
THIS AGREEMENT, is entered between the CITY OF WATERFORD, a Municipal Corporation, herein called "City", and , herein called "Contractor", on

RECITALS
(a) City hastaken appropriate proceedingsto authorize construction of the publicwork and improvements herein provided, and execution of this Agreement. (b) A notice was duly published for bids for the contract for the improvement hereinafter described.
(c) On August 3, 2023, after notice duly given, the City Council ofsaid City awarded the contract for the construction of the improvements hereinafter described to Contractor, which Contractor said Council found to be the lowest responsible bidder for said improvements.
(d) City and Contractor desire to enter into this Agreement for the construction of said improvements.

IT IS AGREED AS FOLLOWS:

1. Scope of Work:

Contractor shall perform the work described briefly as follows:

All work as specified on the Plans and in the Special Provisions, dated August, 2023 for the project, Skyline Boulevard Improvements The aforesaid improvements are further describedin the plans,specifications and technicalrequirementsforsuch project, copies ofwhich are on file in the office of the City Engineer, previously provided to Contractor, and which are incorporated herein by reference as if set forth fully herein.

Western, Pecan and Dorsey Improvements C-2

2. The Contract:

The complete contract consists of the following documents: This Agreement, the notice to contractors,the Contractor's accepted proposal,general conditions,special provisions, plans and detailed drawings, faithful performance bond and labor and materials bond and any and all supplemental agreements amending, decreasing, or extending the work contemplated or which may be required to complete the work in a satisfactory and acceptable manner. The Current Edition of the "City of Waterford Standard Specifications and Drawings" is hereby incorporated as a part of the contract.

All rights and obligations of City and Contractor are set forth and described in the contract.

All of the above named documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as the "contract". In case of any dispute, the decision of the City Engineer shall be final.

3. Schedule:

All work shall be performed in accordance with the schedule provided by City Engineer, and under his direction.

4. Equipment & Performance of Work:

Contractor shall furnish all tools, equipment, facilities, labor and materials necessary to perform and complete in good workmanlike manner the work of general construction as called for and in the manner designated in and in strict conformity with the plans and specificationsforsaidwork,which said specifications are entitled, "General Conditions and Special Provisions for “Community Center Remodel”
The equipment, apparatus, facilities, labor and material shall be furnished, and said work performed and completed as required in said plans and specifications under the direction and supervision, and subject to the approval, of the City Engineer of said City, or his designated agent.

5. Contract Price:

City shall pay, and Contractor shall accept in full payment for the work above Western, Pecan and Dorsey Improvements C-3

agreed to be done, the sum of:_________ Cents ($______). Said price is determined by the unit prices contained in Contractor's bid. In the event work is performed or materials furnished in addition to those set forth in Contractor's bid and the specifications herein, said work and materials will be paid for at the unit price therein contained. Said amount shall be paid in installments as hereinafter provided.

6. Time for Performance:

The time fixed for the commencement of such work is ten (10) calendar days after the "Notice to Proceed" has been issued. The work on this project shall be completed on or before Thirty (30) calendar days after the date of the "Notice to Proceed".

7. Rights of City to Increase Working Days:

If such work is not completed within such time, the City Council shall have the right to increase the number of working days in the amount it may determine will best serve the interests of the City, and if it desires to increase said number of working days, it shall have the further right to charge the Contractor and deduct from the final payment for the work the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to Contractor, and which accrue during the period of such extension except that the cost ofthe finalservice and preparation ofthe final estimatesshall not be included in such charges; provided, however, that no extension of time for completion of such work shall ever be allowed unless requested by Contractor at least twenty (20) calendar days prior to the time herein fixed for the completion thereof, in writing, with the City Clerk, addressed to the City Council. In this connection, itis understood that the City Clerk shall not transmit any such request to the City Council if not filed within the time herein prescribed.

8. Option of City to Terminate Agreement in Event of Failure to CompleteWork:

If Contractorshall have refused orfailed to prosecute thework, or any severable part thereof, with such diligence aswill insure its completion within the time specified or any extensionsthereof, orshall have failed to complete saidworkwithin such time if Contractor should be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of Contractor's creditors, or if a receiver should be appointed in the event of Contractor's insolvency, or if Contractor or any subcontractor should violate any of the provisions of this Agreement, the City Engineer or the City Council may give written notice to Contractor and Contractor's sureties of itsintention to terminate this Agreement, and unless within five (5) days after the serving of such notice such violation shall cease and satisfactory Western, Pecan and Dorsey Improvements C-4

arrangementsforthe correction thereofmade,this Agreementmay, atthe option of City, upon the expiration of said time, cease and terminate.

9. Liquidated Damages:

In the event Contractor for any reason shall have failed to perform the work herein specifiedwithin the time herein required and to the satisfaction ofthe City Engineer, City may, in lieu of any other of its rights authorized by paragraph 8 of this Agreement, deduct from payments or credits due Contractor after such breach, a sum equal to one thousand ($1,000) Dollars as liquidated damages for each calendar day beyond the date herein provided for the completion of suchwork.

10. Performance by Sureties:

In the event of any termination as herein‐before provided, City shall immediately givewritten notice thereof to Contractor and Contractor'ssureties, and the sureties shall have the right to take over and perform the Agreement; provided, however, that if the sureties within five (5) days after giving them said notice of termination, do not give the Citywritten notice of theirintention to take overthe performance of the Agreement and do not commence performance thereofwithin five (5) days after notice to the City of such election, City may take over the work and prosecute the same to completion by contract or by any other method it may deem advisable for the account, and at the expense of Contractor and the Suretiesshall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, Citymay, without liability for so doing, take possession of and utilize in completing the work such materials, appliances, plant and other property belonging to Contractor asmay be on the site of the work and necessary therefore.

11. Disputes Pertaining to Payment for Work:

Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extraworkwhich Contractor may be required to do, orrespecting the size of any payment to contractor during the performance of this contract,such dispute shall be decided by the City Engineer, and the decision of the latter shall be final and conclusive.

12. Permits, Compliance with Law:

Contractor shall, at Contractor's expense, obtain all necessary permits and licenses forthe construction of each improvement, give all necessary notices and pay allfees and taxes required by law.

13. Superintendence by Contractor:

Western, Pecan and Dorsey Improvements C-5

Contractorshall give personalsuperintendence to thework on said improvement or have a competent foreman or superintendent satisfactory to the City Engineer on the work at all times during progress, with authority to act for him.

14. Inspection by City:

Contractor shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops wherein the work is in preparation.

15. Extra and/or Additional Work and Changes:

Should City at any time during the progress of said work request any alterations, deviations, additions, or omissionsfromsaid specifications or plans or other contract documents, itshall be atliberty to do so, and the same shall in noway affect ormake void the contract, butwill be added to or deducted from the amount ofsaid contract price asthe case may be, by fair and reasonable valuation. Request forsuch change must be made in writing signed by the City Engineer,shall be accompanied by plans and specifications for such propose, shall be accepted in writing by Contractor and Contractor's surety.

16. Inspection and Testing of Materials:

Contractor shall notify City a sufficient time in advance of the manufacture of production materials to be supplied by Contractor under this contract in order that Citymay arrange formill orfactory inspection and testing ofsame, asrequired by the City.

Any materialsshipped by Contractorfrom factory priorto having satisfactorily passed such testing and inspection by City's representative or prior to the receipt of notice from such representative that such testing and inspection will not be required shall not be incorporated on the job of said improvement.

Contractor shall also furnish City, in triplicate, certified copies of all factory and mill test reports upon request.

17. Permits and Care of the Work:

Contractor has examined the site of thework and isfamiliarwith itstopography and condition, location of property lines, easements, building lines, and other physical factors and limitations affecting the performance of this Agreement. Contractor, at Contractor's expense, shall obtain any permission necessary for any operations conducted off the property owned or controlled by City. Contractor shall be responsible for the proper care and protection of all materials delivered and work Western, Pecan and Dorsey Improvements C-6

performed until completion and final acceptance.

18. Other Contracts:

City may award other contracts for additional work, and Contractor shall fully cooperate with such other Contractors and carefully fit Contractor's own work to that provided under other contracts as may be directed by the City Engineer.

Contractor shall not commit or permit any act which will interfere with the performance of work by any other Contractor.

19. Payments to Contractor:

Payments are to be made to the Contractor in accordance with the provisions of Section 9 of the General Conditions of said specifications in legally executed and regularly issued warrants of the City, drawn on the appropriate fund or funds as required by law and order of the City Council thereof.

20. Contract Security:

Concurrently with the execution hereof, Contractor shall furnish on the forms provided (1) a surety bond in an amount equal to at least one hundred percent (100%) ofthe contract price assecurity forthe faithful performance ofthis contract; and (2) a separate surety bond in an amount equal to at least one hundred percent (100%) of the contract price as security for the payment of all persons performing labor and furnishing materials in connection with this contract. Sureties on each of said bonds thereof shall be satisfactory to the City Manager.

21. Indemnity:

Contractor shall indemnify and hold harmless City, its officers, employees, agents and volunteers from and against all liability, loss, damage, expense, and cost (including, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage caused by the active negligence, sole negligence or willful misconduct of the City. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

22. Contractor's Insurance:
(a) Minimum Limits of Insurance
(1) General Liability
Western, Pecan and Dorsey Improvements C-7

Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability and coverage for explosion, collapse and underground property damage hazards. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. A combination of a general liability policy and excess liability policies may be utilized to achieve these limits. Contractor’s general liability policies shall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. An endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.
(2) Auto Liability
Contractor shall provide auto liability coverage for owned, nonowned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident.
(3) Workers’ Compensation
Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
(b) Deductibles and Self‐Insured Retention:

Any deductible or self‐insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductible for self‐insured retention as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall post a security (including but not limited to cash, letter of credit, etc.) guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
(c) Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:

Western, Pecan and Dorsey Improvements C-8

(1) General Liability and Automobile Liability Coverage (a) Any failure to complywith reporting provisions ofthe policies shall not affect coverage provided to the City, its officers, officials, employees, or volunteers.
(b) The Contractor's insurance shall apply separately to each insured against whom claim is made for suit is brought, except with respect to the limits of the insurer'sliability. (2) All Coverage:
(a) Each insurance policy required by this section shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
(b) The Contractor shall require the subcontractors, if any, to take out and maintain similar Commercial General Liability and Property Damage Insurance.
(c) In case any of the work under this Contract is to be performed on, or at, the site of the project by the
subcontractor, the contractor shall take out and maintain such contractor's Contingent or Protective Insurance as will protect him, the Owner, and the Engineer from damage
claims arising from the operations of any subcontractor. (d) Acceptability of Insurer:

Insurance is to be placed with insurers with a Best's rating of no less than A:VII.

In the event the form of any policy or certificate, or the amount of the insurance or the companies writing same are not satisfactory to the City, the Contractor shall furnish other policies or certificatesin form and amount, andwith companiessatisfactory to the City. The Contractor shall not cause any policies to be canceled or permit it to lapse, and all policies shall include a clause to the effect that the policy or certificate shall not be subject to cancellation or to a reduction in the required limits of liability or amounts of insurance until notice has been mailed to the City statingwhen, notlessthan ten (10) daysthereafter,such Western, Pecan and Dorsey Improvements C-9

cancellation or reduction shall be effective. All certificates of insurance, authenticated by the proper officer of the insurer, shall state in particular those insured, the extent of the insurance, the location and operations to which the insurance applies, the expiration date, and the above‐mentioned notice of cancellation clause.

The Contractor shall furnish to the City at the date of delivering the signed contracts and bonds, certificates or riders duly executed on behalf of the surety company, certifying asto the amounts of insurance carried, and providing for the coverage therein of the City, its officers, agents, and employees, within all risks arising out of the project.

23. Proof of Carriage of Insurance:

Contractorshall furnish City on City Forms,through the City Engineer, concurrentlywith the execution hereof,with satisfactory proof of carriage ofthe insurance required, andthateach carrier shall give City at least thirty (30) days prior notice of the cancellation of any policy during the effective period of this contract.

24. Wages & Hours of Employment:

In the performance of this contract, eight (8) hoursshall be the maximum hours of labor on any calendar day, and the minimum wages of compensation of persons performing labor in the execution ofthis Agreementshall be the current prevailing scale ofwages determinedby the U.S. Secretary of Labor for the community and on file with the City Engineer.

The Contractorshall forfeit as penalty to the City, Twenty‐FiveDollars($25)to be paid to the City of Waterford for eachworkman employed in the execution of this Agreement by himor by any subcontractor, for each calendar day during which any workman is required or permitted to labor more than eight (8) hours, in violation of provisions of Article 3, Chapter 1, Part 7, a Division 2, of the Labor Code of the State of California, and all amendments thereto.

25. Emergency ‐ Additional Time for Performance ‐ Procurement of Materials:

If, because of war or other declared national emergency, the Federal or State Government restricts,regulates, or controlsthe procurement and allocation oflaborormaterials,or both, and if solely because of said restrictions, regulations or controls, contractor is through no fault ofthe contractor, unable to performthis Agreement, orthework isthereby suspended or delayed, any of the following steps may be taken.
(a) City may, pursuant to resolution of the Council, grant Contractor additional time for the performance of this Agreement, sufficient to compensate in time, for delay or suspension.

give specific reasons therefore; City Engineer shall thereupon have sixty (60) days within which to procure such needed materials or labor as is specified in this Agreement, or permitsubstitution, or provide for changesin thework in accordance with other provisions of this Agreement. Substituted materials, or changes in the work, or both, shall be ordered in writing by City Engineer, and the concurrenceof the Council shall not be necessary. All reasonable expenses of such procurement incurred by the City Engineer shall be defrayed by the Contractor; or (b) If such materials or labor cannot be procured through legitimate channels within sixty (60) days after the filing of the aforesaid notice, either party may, upon thirty (30) days' written notice to the other, terminate this Agreement. In such event, Contractor shall be compensated for all work executed upon a unit basis in proportion to the amount of the work completed, or upon a cost‐plus ten percent (10%) basis, whichever is the lesser. Materials on the ground, in process of fabrication or in route upon the date of notice of termination specially ordered for the project andwhich cannot be utilized by Contractor,shall be compensated for by City at cost, including freight, provided the Contractorshall take allsteps possible to minimize this obligation; or
(c) City Council, by resolution,may suspend this Agreement untilthe cause ofinability to perform is removed but for a period of not to exceed sixty (60) days.

If this Agreement is not canceled, and the inability of Contractor to perform continues without fault on Contractor's part, beyond the time during which the Agreement may have been suspended, as hereinabove provided, City Council may further suspend this Agreement, or either party hereto may, without incurring any liability, electto declare this Agreementterminated upon the ground ofimpossibility of performance. In the event City declares this Agreement terminated, such declaration shall be authorized by the CityCouncil by resolution, and Contractorshall be notified in writing thereof within five (5) days after the adoption of such resolution. Upon such termination, Contractor shall be entitled to proportionate compensation atthe Agreementrate forsuch portion ofthe Agreement asmay have been performed, or
(d) City may terminate this Agreement, in which case Contractor shall be entitled to proportionate compensation atthe agreed rate forsuch portion oftheAgreement as may have been performed. Such termination shall be authorized by resolution ofthe Council. Notice thereof shall be forthwith given in writing to Contractor, and this Agreement shall be terminated upon receipt by Contractor of such notice. In the event of the termination provided in this sub‐paragraph (d), none of the covenants, conditions or provisions hereofshall apply to thework not performed, and City shall be liable to Contractor for the proportionate compensation last herein mentioned.

Western, Pecan and Dorsey Improvements C-11

26. Provisions Cumulative:

The provisions of this Agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City.

27. Notices:

All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid.

Notices required to be given to City shall be addressed as follows:

CITY MANAGER, CITY OF WATERFORD, P. O. BOX 199, WATERFORD, CA 95386 Notices required to be given to Contractor shall be addressed as follows:
_
Notices required to be given sureties of Contractor shall be addressed as follows:

City of Waterford
101 E. Street
Waterford, Ca 95386
Phone 209-874-2328
Fax 209-874-9656

28. Interpretation:

Western, Pecan and Dorsey Improvements C-12

As used herein, any gender includes each other gender, the singular includes the plural and vice versa.

29. Anti‐Trust Claims:

The Contractor or subcontractor offers and agrees to assign to the City all rights, title and interest to any causes of action under Section Four of the Clayton Act and the Cartwright Act concerning anti‐trust claims.

INWITNESSWHEREOF,fouridentical counterparts ofthisAgreement, consisting of a totalof 12 pages, each of which counterparts shall for all purposes be deemed an original of said Agreement, have been duly executed by the parties hereinabove named, on the day and year first hereinabove written.

Western, Pecan and Dorsey Improvements C-13

(Attach Contractor's
Notary Seal here)
By:

Contractor
Address:

Phone:

CITY OF WATERFORD,

A MUNICIPAL CORPORATION
By:

Michael G. Pitcock, City Manager
APPROVED AS TO FORM:

By: _
Federal Tax ID #
OR
Social Security #
Corbett Browning, City Attorney
APPROVED AS TO SUFFICIENCY:

MCR ENGINEERING
By: _
Rob Marler, City Engineer
ATTEST:

By:

Patricia Krause, City Clerk

General Business 6b
August 17, 2023
Lonnie Statzer Public Works Superintendent
City Council Staff Report
Motion: Awarding Bid and Approving an Agreement with Rolfe Construction Inc, in the Amount of $2,195,939.00 for Project No. 2023-10, “Tim Bell Water and Sewer Project” and Authorizing the City Manager to Execute the Agreement.

SUMMARY:

The City Council is being asked to award the bid and approve an agreement with Rolfe Construction Inc, in the amount of $2,195,939.00 for Project No. 2023-10 “Tim Bell Water and Sewer Project” and authorizing the City Manager to execute the agreement.

ANALYSIS:

Project location will be from S. Tim Bell and Yosemite Blvd (SR132) to N. Tim Bell and Vineyard. This area known as the Lake Pointe Master Plan cannot be developed until we can get utilities out to the Vineyard location. The project will extend city utilities to the master plan area, and it will consist of installing sewer force main and water main, jack and bore steel casing under two separate canals, and trench patch paving. All improvements including items not specifically detailed herein will be installed by the contractor as required by the plans, Standard Specifications and Special Provisions.

On August 1, 2023, The City received 7 bids:

Bid Company City and State Bid Amount

1. Rolfe Construction Inc. Atwater, CA 95301 $2,195,939.00

2. D.A. Wood Construction, Inc. Oakdale, CA 95361 $2,361,477.00

3. Knife River Construction Stockton, CA 95206 $2,465,185.00

4. United Pavement Maintenance Inc. Hughson, CA 94551 $2,508,981.44

5. Mid Cal Pipeline Utilities, Inc. Merced, CA 95344 $2,554,737.00

6. Mountain Cascade, Inc. Livermore, CA 94551 $3,496,990.00

7. ARB, INC. Pittsburg, CA 94565 $3,695,411.00

FISCAL IMPACT
Funding for this project will come from ARPA, Sewer and Water Funds identified in the fiscal year 2023/2024 budget.

The project budget is as follows:

Expenses (Budget Line Code 4350-700-8300 & 5075-800-8022) Total Project Cost Construction
Contract
Construction
Contingency
Construction
Engineering &
Inspection
Preliminary
Engineering
$2,635,126.80 $2,195,939.00 $219,593.90 $109,796.95 $109,796.95 Funding Source:

Funding Title Funding Required Budget Number
Water Funds $1,829,268.00 5075-800-8022
Sewer Funds $457,317.00 4350-700-8300
Total $2,286,585.00
*Adjustments will be made at mid-year to cover the total cost of the project. Funding is available from sewer and water reserves.

ENVIRONMENTAL REVIEW:

1. Council could choose to not award the “Tim Bell Water and Sewer Project”. Staff does not recommend this as ARPA funding is available for this project.

ATTACHMENTS:
• Notice of Award
• Agreement
• Bid Log
C-13

NOTICE OF AWARD
Description of Work: TIM BELL WATER AND SEWER PROJECT
To Rolfe Construction, Inc________________________________________________ (Contractor)
3573 Southern Pacific Ave ________________________________________ (Address)
Atwater, CA 95301 ________________________________________________________ (City, State, Zip)
The City of Waterford, (Owner), represented by the undersigned has considered the proposal submitted by you for the above-described work in response to its Notice to Contractors dated August 17, 2023.

It appears that it is to the best interest of said Owner to accept your Proposal in the amount of _$Two Million, One Hundred and Ninety-Five Thousand, Nine Hundred and Thirty-Nine Dollars______
(written description of contract amount)
($2,195,939.00) you are hereby notified that your Proposal has been accepted.

If you fail to execute said contract and to furnish bonds and certificates within 14 calendar days from the date of delivery of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner’s acceptance of your Proposal as abandoned and to award the work covered by your Proposal to another, or to re-advertise the work or otherwise dispose thereof as the Owner may see fit.

Dated this 17th day of August , 2023.

OWNER: City of Waterford ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby
acknowledged
This _______ day of ______________, 20___
By _______________________ By _________________________ Title: _____________________ Title: _______________________ C-14

NOTICE TO PROCEED

Description of Work: TIM BELL WATER AND SEWER PROJECT
To _ _____________
(Contractor)
________________
(Address)
_______________
(City, State, Zip)
You are hereby given Notice to Proceed with the construction of the above referenced project. This notice
Given this ____ day of ____________, 20__, begins the 30 days construction period for this project, and unless amended as provided for in the specifications, work shall be completed by the ____ day of _______________, 20__.

Work required beyond the established date of completion for this project will be assessed liquidated damages at the rate of $ 1,000.00 per day in conformance with the specifications.

OWNER: City of Waterford ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed is
hereby acknowledged
This _____ day of _______________, 20____
By _______________________ By _________________________ Title: _____________________ Title: _______________________ C-15

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS,
That ________________________________________________ as Contractor, and _________________________________________________ as Surety, are held firmly bound unto _____________________________________________ hereinafter called “Owner”, in the sum of _________________________________ ____________________________________________________________ dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, said Contractor has been awarded and is about to enter into the annexed Contract with said Owner to perform and furnish all work as specified or indicated in the Contract Documents entitled ____________________________________________________________ ____________________________________________________________________________ NOW, THEREFORE, if said Contractor, his subcontractors, his or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, provender, equipment or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts for amounts due under the Unemployment Insurance Code, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as required by the provisions of Title XV, Chapter 7, Sections 3247-3252 inclusive, of the Civil Code of the State of California and acts amendatory thereof, and sections of other codes of the State of California referred to therein and acts amendatory thereof, and provided that the persons, companies or corporations so furnishing said materials, provisions, provender, equipment or other supplies, appliances or power used in, upon, for or about performance of the work contracted to be executed or performed, or any person, company or corporation renting or hiring implements r machinery or power for or contributing to said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor, shall have complied with the provisions of said laws, then said Surety will pay the same in an amount not exceeding the sum hereinabove set forth and also will pay, in case suit is brought upon this bond, a reasonable attorney’s fee, as shall be fixed by the Court. This bond shall insure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond.

C-16

PAYMENT BOND
(CONTINUED)
PROVIDED, that any alterations in the work to be done or the materials to be furnished, or changed in the time of completion, which may be made pursuant to the terms of said Contract, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety.

SIGNED AND SEALED, this ________ day of ______________, 20 ___. _________________________ _____________________________________ (Contractor’s Seal) (Surety Seal)
By: _____________________________ _____________________________________________ (Signature) (Address & Telephone Number)
By: ____________________________
(Signature)
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY)
C-17

PERFORMANCE BOND

PROVIDED, that any alterations in the work to be done or the materials to be furnished, or changed in the time of completion, which may be made pursuant to the terms of said Contract, shall not in any way release said Contractor or said Surety thereunder nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety.

SIGNED AND SEALED, this ________ day of ______________, 20 ___. _________________________ __________________________
(Contractor’s Seal) (Surety Seal)
By: _____________________________ ________________________________ (Signature) (Address & Telephone Number)
By: ____________________________
(Signature)
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY)
Western, Pecan and Dorsey Improvements C-1

A G R E E M E N T
FOR

PUBLIC IMPROVEMENT
PROJECT NO. 2023-10
“TIM BELL WATER AND SEWER PROJECT”
THIS AGREEMENT, is entered between the CITY OF WATERFORD, a Municipal Corporation, herein called "City", and Rolfe Construction, Inc herein called "Contractor", on August 17, 2023.

RECITALS
(a) City hastaken appropriate proceedingsto authorize construction of the publicwork and improvements herein provided, and execution of this Agreement. (b) A notice was duly published for bids for the contract for the improvement hereinafter described.
(c) On August 17, 2023, after notice duly given,the City Council ofsaid City awarded the contract for the construction of the improvements hereinafter described to Contractor, which Contractor said Council found to be the lowest responsible bidder for said improvements.
(d) City and Contractor desire to enter into this Agreement for the construction of said improvements.

IT IS AGREED AS FOLLOWS:

1. Scope of Work:

Contractor shall perform the work described briefly as follows:

All work as specified on the Plans and in the Special Provisions, dated August, 2023 for the project, Tim Bell Water and Sewer Project The aforesaid improvements are further describedin the plans,specifications and technicalrequirementsforsuch project, copies ofwhich are on file in the office of the City Engineer, previously provided to Contractor, and which are incorporated herein by reference as if set forth fully herein.

Western, Pecan and Dorsey Improvements C-2

2. The Contract:

All rights and obligations of City and Contractor are set forth and described in the contract.

3. Schedule:

All work shall be performed in accordance with the schedule provided by City Engineer, and under his direction.

4. Equipment & Performance of Work:

5. Contract Price:

City shall pay, and Contractor shall accept in full payment for the work above Western, Pecan and Dorsey Improvements C-3

agreed to be done, the sum of: $Two million One Hundred and Ninety-Five Thousand, Nine Hundred and Thirty-Nine dollars ($2,195,939.00). Said price is determined by the unit prices contained in Contractor's bid. In the event work is performed or materials furnished in addition to those set forth in Contractor's bid and the specifications herein, said work and materials will be paid for at the unit price therein contained. Said amount shall be paid in installments as hereinafter provided.

6. Time for Performance:

The time fixed for the commencement of such work is ten (10) calendar days after the "Notice to Proceed" has been issued. The work on this project shall be completed on or before One Hundred and Twenty (120) calendar days after the date of the "Notice to Proceed".

7. Rights of City to Increase Working Days:

8. Option of City to Terminate Agreement in Event of Failure to CompleteWork:

sureties of itsintention to terminate this Agreement, and unless within five (5) days after the serving of such notice such violation shall cease and satisfactory arrangementsforthe correction thereofmade,this Agreementmay, atthe option of City, upon the expiration of said time, cease and terminate.

9. Liquidated Damages:

10. Performance by Sureties:

11. Disputes Pertaining to Payment for Work:

12. Permits, Compliance with Law:

Contractor shall, at Contractor's expense, obtain all necessary permits and licenses forthe construction of each improvement, give all necessary notices and pay allfees and taxes required by law.

Western, Pecan and Dorsey Improvements C-5

13. Superintendence by Contractor:

14. Inspection by City:

Contractor shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops wherein the work is in preparation.

15. Extra and/or Additional Work and Changes:

16. Inspection and Testing of Materials:

Contractor shall also furnish City, in triplicate, certified copies of all factory and mill test reports upon request.

17. Permits and Care of the Work:

conducted off the property owned or controlled by City. Contractor shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance.

18. Other Contracts:

Contractor shall not commit or permit any act which will interfere with the performance of work by any other Contractor.

19. Payments to Contractor:

20. Contract Security:

21. Indemnity:

22. Contractor's Insurance:
(a) Minimum Limits of Insurance
Western, Pecan and Dorsey Improvements C-7

(1) General Liability
Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability and coverage for explosion, collapse and underground property damage hazards. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. A combination of a general liability policy and excess liability policies may be utilized to achieve these limits. Contractor’s general liability policies shall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. An endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.
(2) Auto Liability
Contractor shall provide auto liability coverage for owned, nonowned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident.
(3) Workers’ Compensation
Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
(b) Deductibles and Self‐Insured Retention:

The policies are to contain, or be endorsed to contain, the following provisions:
(1) General Liability and Automobile Liability Coverage (a) Any failure to complywith reporting provisions ofthe policies shall not affect coverage provided to the City, its officers, officials, employees, or volunteers.
(b) The Contractor's insurance shall apply separately to each insured against whom claim is made for suit is brought, except with respect to the limits of the insurer'sliability. (2) All Coverage:
(a) Each insurance policy required by this section shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
(b) The Contractor shall require the subcontractors, if any, to take out and maintain similar Commercial General Liability and Property Damage Insurance.
(c) In case any of the work under this Contract is to be performed on, or at, the site of the project by the
subcontractor, the contractor shall take out and maintain such contractor's Contingent or Protective Insurance as will protect him, the Owner, and the Engineer from damage
claims arising from the operations of any subcontractor. (d) Acceptability of Insurer:

Insurance is to be placed with insurers with a Best's rating of no less than A:VII.

cancellation or to a reduction in the required limits of liability or amounts of insurance until notice has been mailed to the City statingwhen, notlessthan ten (10) daysthereafter,such cancellation or reduction shall be effective. All certificates of insurance, authenticated by the proper officer of the insurer, shall state in particular those insured, the extent of the insurance, the location and operations to which the insurance applies, the expiration date, and the above‐mentioned notice of cancellation clause.

23. Proof of Carriage of Insurance:

24. Wages & Hours of Employment:

25. Emergency ‐ Additional Time for Performance ‐ Procurement of Materials:

Western, Pecan and Dorsey Improvements C-10

To qualify for such extension in time, Contractor within ten (10) days of Contractor's discovering such inability to perform,shall notify City Engineerinwriting thereof, and give specific reasons therefore; City Engineer shall thereupon have sixty (60) days within which to procure such needed materials or labor as is specified in this Agreement, or permitsubstitution, or provide for changesin thework in accordance with other provisions of this Agreement. Substituted materials, or changes in the work, or both, shall be ordered in writing by City Engineer, and the concurrenceof the Council shall not be necessary. All reasonable expenses of such procurement incurred by the City Engineer shall be defrayed by the Contractor; or (b) If such materials or labor cannot be procured through legitimate channels within sixty (60) days after the filing of the aforesaid notice, either party may, upon thirty (30) days' written notice to the other, terminate this Agreement. In such event, Contractor shall be compensated for all work executed upon a unit basis in proportion to the amount of the work completed, or upon a cost‐plus ten percent (10%) basis, whichever is the lesser. Materials on the ground, in process of fabrication or in route upon the date of notice of termination specially ordered for the project andwhich cannot be utilized by Contractor,shall be compensated for by City at cost, including freight, provided the Contractorshall take allsteps possible to minimize this obligation; or
(c) City Council, by resolution,may suspend this Agreement untilthe cause ofinability to perform is removed but for a period of not to exceed sixty (60) days.

Western, Pecan and Dorsey Improvements C-11

26. Provisions Cumulative:

The provisions of this Agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City.

27. Notices:

All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid.

Notices required to be given to City shall be addressed as follows:

CITY MANAGER, CITY OF WATERFORD, P. O. BOX 199, WATERFORD, CA 95386 Notices required to be given to Contractor shall be addressed as follows:

Rolfe Construction, Inc
3573 Southern Pacific Ave
Atwater, CA 95301
Phone 209-358-5548
FAX 209-357-2916 _
Notices required to be given sureties of Contractor shall be addressed as follows:

City of Waterford
101 E. Street
Waterford, Ca 95386
Phone 209-874-2328
Fax 209-874-9656

Western, Pecan and Dorsey Improvements C-12

28. Interpretation:

As used herein, any gender includes each other gender, the singular includes the plural and vice versa.

29. Anti‐Trust Claims:

Western, Pecan and Dorsey Improvements C-13

(Attach Contractor's
Notary Seal here)
By:

Contractor
Address:

Phone:

CITY OF WATERFORD,

A MUNICIPAL CORPORATION
By:

Michael G. Pitcock, City Manager
APPROVED AS TO FORM:

By: _
Federal Tax ID #
OR
Social Security #
Corbett Browning, City Attorney
APPROVED AS TO SUFFICIENCY:

MCR ENGINEERING
By: _
Rob Marler, City Engineer
ATTEST:

By:

Patricia Krause, City Clerk
OPENED
3:00pm

COMPANY NAME / BIDDERS BOND

CONTACT NAME AMOUNT OF BID BOND COMPANY CITY/STATE/ZIP
D.A. WOOD CONSTRUCTION, INC. $ 2,361,477.00 THE OHIO CASUALTY OAKDALE, CA INSURANCE GROUP 95361
MOUNTAIN CASCADE, INC. $ 3,496,990.00 LIBERTY MUTUAL INSURANCE LIVERMORE, CA COMPANY 94551
ROLFE CONSTRUCTION INC. $ 2,195,939.00 TRAVELERS CASUALTY & SURETY ATWATER, CA COMPANY OF AMERICA 95301
UNITED PAVEMENT MAINTENANCE, INC. $ 2,508,981.44 ATLANTIC SPECIALTY INSURANCE HUGHSON, CA COMPANY 95326
ARB, INC. $ 3,695,411.00 FEDERAL INSURANCE COMPANY & PITTSBURG, CA THE CONTINENTAL INSURANCE 94565

COMPANY
DSS COMPANY DBA:

KNIFE RIVER CONSTRUCTION $ 2,465,185.00 LIBERTY MUTUAL INSURANCE STOCKTON, CA COMPANY 95206
MID CAL PIPELINE & UTILITIES, INC. $ 2,554,737.00 U.S. SPECIALTY INSURANCE MERCED, CA COMPANY 95344

BID SHEET OPENING LOG
2023-10 - TIM BELL WATER AND SEWER PROJECT
BID OPENING: AUGUST 1, 2023
Informational Items 8
August 17, 2023
Patricia Krause, City Clerk / Administrative Services Director City Council Staff Report
Informational Items.

SUMMARY:

Items included in this section provide City Council with updates on business not requiring a full report.

FISCAL IMPACT:

N/A
ANALYSIS:

All items under this category are considered for informational purpose only.

ENVIRONMENTAL REVIEW:

N/A
ALTERNATIVES:

N/A
ATTACHMENTS:
8a: City Project List

Waterford City CouncilAugust 17, 2023

Waterford City Council
August 17, 2023