Agenda — Waterford City Council, September 7, 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: Pastor Pete Mar, Community Bible Church
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.

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 2023-39, Approving the Warrant Register in the Amount of $241,553.49 for the Period of August 15 to August 21, 2023.
3c: MOTION: Approving Minutes of the Regular City Council Meeting held August 17, 2023.

WATERFORD CITY COUNCIL REGULAR MEETING – September 7, 2023 - 6:30 PM

COMMUNICATIONS FROM THE AUDIENCE

PRESENTATIONS

ADOPTION OF CONSENT CALENDAR
3d: RESOLUTION: Resolution 2023-40, Approving Amendment No. 1 to Memorandum Of Understanding and Authorize the City Manager to Execute the Amendment.

4. 4.

5. 6.
6a: MOTION: Awarding Bid and Approving an Agreement with Sam Fletcher Fence Inc, in the Amount of $4,550.00 for Project No. 2023-13, “Riverside Rd. Fence Repair” as a Minor Contract Project and Authorizing the City Manager to Execute the Agreement. (Statzer) 6b: RESOLUTION: Approving Resolution 2023- 41, Accepting Improvements for Project No. 2023-02, “Yosemite Blvd (SR132) Utility Conflict Relocation Project” and Authorizing the City Engineer to File a Notice of Completion with the Stanislaus County Recorder’s Office. (Statzer) 6b: RESOLUTION: Approving Resolution 2023- 42, Accepting Improvements for Project No. 2022-09, “F Street Pedestrian Improvement Project” and Authorizing the City Engineer to File a Notice of Completion with the Stanislaus County Recorder’s Office. (Statzer)

7. 8.
8a: City Project List

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

10. 11. CLOSED SESSION

ADJOURNMENT / RECESS

STAFF/COUNCIL COMMENTS AND MEETING REPORTS

INFORMATIONAL ITEMS

SUCCESSOR AGENCY TO THE FORMER WATERFORD REDEVELOPMENT AGENCY

GENERAL BUSINESS

FINAL READINGS

PUBLIC HEARINGS

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.

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. 8/28/2023
Patricia Krause, CMC, City Clerk Date

REPORT OUT OF CLOSED SESSION
Consent Calendar 3a
September 7, 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
September 7, 2023
Patricia Krause, City Clerk / Administrative Services Director City Council Staff Report
Resolution: Adopting Resolution 2023-39, Approving the Warrant Register in the Amount of $241,553.49 for the Period of August 15 to August 21, 2023.

SUMMARY:

Consider approving the Warrant Register for the period of August 15 to August 21, 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 15 to August 21, 2023.

FISCAL IMPACT:

Payments for this period total $241,553.49.

ENVIRONMENTAL REVIEW:

N/A
ALTERNATIVES:

1. Take no action.

2. Provide staff with further direction.

ATTACHMENTS:
• Resolution #2023-39
• Check Register Report

WATERFORD CITY COUNCIL

DATE TOTAL
PAYROLL 8/21/2023 $ 34,214.54
8/21/2023 $ 1,266.82
ACCOUNTS PAYABLE 8/15/2023 $ 187,896.45
8/21/2023 $ 18,175.68
TOTAL $ 241,553.49
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 2023-39
RESOLUTION # 2023-39
September 7, 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: 08/21/2023 - 11:50AM
'trish'
Payroll
Include Partial: FALSE
ACH Check Register
Batch: 00021.08.2023
Check Date Check Number Employee No Employee Name Amount 08/21/2023 0 1002 3,446.45
08/21/2023 0 1006 1,473.54
08/21/2023 0 1008 2,193.45
08/21/2023 0 1017 1,377.42
08/21/2023 0 1018 1,356.47
08/21/2023 0 1019 142.59
08/21/2023 0 2004 85.93
08/21/2023 0 2005 2,634.59
08/21/2023 0 2006 3,069.03
08/21/2023 0 2010 820.26
08/21/2023 0 2012 2,123.55
08/21/2023 0 2020 3,943.80
08/21/2023 0 2024 1,991.37
08/21/2023 0 2028 1,703.81
08/21/2023 0 2030 1,807.41
08/21/2023 0 2031 2,132.35
08/21/2023 0 2032 2,006.17
08/21/2023 0 2033 1,266.82
08/21/2023 0 3002 135.20
08/21/2023 0 3010 124.47
08/21/2023 0 3012 126.62
08/21/2023 0 3013 126.62
08/21/2023 0 3014 126.62
Total Employees: 23 Total: 34,214.54
PR- ACH Check Register (08/21/2023 - 11:50 AM) Page 1
Printed:

User:

Batch:

Computer Check Register
Payroll
trish
08/21/2023 - 11:42AM
00021.08.2023
Check No Check Date Employee Information Amount
2471 08/21/2023 2034 1,266.82
Total Number of Employees: 1 Total for Payroll Check Run: 1,266.82 PR-Check Register (08/21/2023 - 11:42 AM) Page 1
User:

Printed: 08/15/2023 - 3:15PM
tina
Computer Check Proof List by Vendor
Accounts Payable
Batch: 00008.08.2023
Invoice No Description Amount Payment Date Acct Number Reference Vendor: 105600 BAY ALARM COMPANY Check Sequence: 1 ACH Enabled: False 20756003 MUSEUM SECURITY 155.61 08/17/2023 1010-550-7730 20769890 PW BUILDING CAMERA SYSTEM 214.43 08/17/2023 5050-700-7730 20769890 PW BUILDING CAMERA SYSTEM 214.43 08/17/2023 5070-800-7730 20769890 PW BUILDING CAMERA SYSTEM 214.43 08/17/2023 5071-800-7730 20769890 PW BUILDING CAMERA SYSTEM 214.43 08/17/2023 5072-800-7730 20775118 PW BUILDING CAMERA SYSTEM 202.50 08/17/2023 5050-700-7730 Check Total: 1,215.83
Vendor: UB*01870 SUSAN BIGGS Check Sequence: 2 ACH Enabled: False Refund Check 005903-000, 12533 GOLDMINE AVE. 10.00 08/10/2023 5050-000-2010 Check Total: 10.00
Vendor: 106401 BLUE SHIELD OF CALIFORNIA Check Sequence: 3 ACH Enabled: False Sept Premiums 545.42 08/17/2023 1010-110-7120
Sept Premiums 756.14 08/17/2023 1010-310-7120
Sept Premiums 71.11 08/17/2023 1010-410-7120
Sept Premiums 43.21 08/17/2023 1010-550-7120
Sept Premiums 216.04 08/17/2023 1010-560-7120
Sept Premiums 540.10 08/17/2023 1010-580-7120
Sept Premiums 266.12 08/17/2023 2210-260-7120
Sept Premiums 1,761.47 08/17/2023 5050-700-7120
Sept Premiums 566.45 08/17/2023 5070-800-7120
Sept Premiums 1,591.34 08/17/2023 5071-800-7120
Sept Premiums 229.22 08/17/2023 5072-800-7120
Sept Premiums 158.10 08/17/2023 5090-110-7120
Check Total: 6,744.72
Vendor: 106525 BOYETT PETROLEUM Check Sequence: 4 ACH Enabled: False 320414 FUREL EXPENSE FOR JULY 70.09 08/17/2023 1010-310-7520 320414 FUREL EXPENSE FOR JULY 1,115.39 08/17/2023 1010-580-7520 AP-Computer Check Proof List by Vendor (08/15/2023 - 3:15 PM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference 320414 FUREL EXPENSE FOR JULY 48.20 08/17/2023 1010-410-7520 320414 FUREL EXPENSE FOR JULY 225.46 08/17/2023 5050-700-7520 320414 FUREL EXPENSE FOR JULY 202.78 08/17/2023 5070-800-7520 320414 FUREL EXPENSE FOR JULY 709.69 08/17/2023 5071-800-7520 320414 FUREL EXPENSE FOR JULY 101.39 08/17/2023 5072-800-7520 Check Total: 2,473.00
Vendor: 108025 CALIFORNIA CONSULTING, INC. Check Sequence: 5 ACH Enabled: False 6132 GRANT WRITING SERVICES - AUGUST 2023 3,000.00 08/17/2023 1010-110-7190 Check Total: 3,000.00
Vendor: 144410 CHARTER COMMUNICATIONS (7173) Check Sequence: 6 ACH Enabled: False 0076125080423 INTERNET COMMUNITY CENTER - AUGUST 104.99 08/17/2023 1010-560-7811 Check Total: 104.99
Vendor: 110800 CHUCK'S AUTO PARTS Check Sequence: 7 ACH Enabled: False 901585 PARK SUPPLIES - CRIMSON 167.20 08/17/2023 1010-580-7510 901845 BATTERY FOR KABOTA TRACTOR 182.14 08/17/2023 1010-580-7420 901923 MOWER PARTS 31.48 08/17/2023 1010-580-7420
Check Total: 380.82
Vendor: 127471 CORE & MAIN LP Check Sequence: 8 ACH Enabled: False T383509 WATER DEPARTMENT SUPPLIES 83.42 08/17/2023 5070-800-7510 T383509 WATER DEPARTMENT SUPPLIES 291.96 08/17/2023 5071-800-7510 T383509 WATER DEPARTMENT SUPPLIES 41.70 08/17/2023 5072-800-7510 Check Total: 417.08
Vendor: 114310 DE LAGE LANDEN Check Sequence: 9 ACH Enabled: False 80542188 COPIER LEASE - 08/15 TO 09/14/2023 246.63 08/17/2023 1010-110-7600 Check Total: 246.63
Vendor: 116562 EKC ENTERPRISES INC. Check Sequence: 10 ACH Enabled: False 48506 PA UNIT FOR COUNCIL CHAMBERS 974.65 08/17/2023 1010-110-7516 Check Total: 974.65
Vendor: 117630 EYEMED Check Sequence: 11 ACH Enabled: False 165868372 AUGUST PREMIUM 17.85 08/17/2023 1010-110-7120 165868372 AUGUST PREMIUM 2.88 08/17/2023 1010-210-7120
AP-Computer Check Proof List by Vendor (08/15/2023 - 3:15 PM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference 165868372 AUGUST PREMIUM 30.98 08/17/2023 1010-310-7120 165868372 AUGUST PREMIUM 3.44 08/17/2023 1010-410-7120
165868372 AUGUST PREMIUM 1.02 08/17/2023 1010-430-7120
165868372 AUGUST PREMIUM 0.58 08/17/2023 1010-550-7120
165868372 AUGUST PREMIUM 5.12 08/17/2023 1010-560-7120
165868372 AUGUST PREMIUM 13.68 08/17/2023 1010-580-7120 165868372 AUGUST PREMIUM 5.12 08/17/2023 2210-260-7120
165868372 AUGUST PREMIUM 82.61 08/17/2023 5050-700-7120 165868372 AUGUST PREMIUM 32.53 08/17/2023 5070-800-7120 165868372 AUGUST PREMIUM 153.03 08/17/2023 5071-800-7120 165868372 AUGUST PREMIUM 9.79 08/17/2023 5072-800-7120
165868372 AUGUST PREMIUM 2.88 08/17/2023 5090-110-7120
Check Total: 361.51
Vendor: UB*01872 RICHARD GARCIA Check Sequence: 12 ACH Enabled: False Refund Check 012121-000, 12957 COVEY ST 59.39 08/10/2023 5071-000-2010 Check Total: 59.39
Vendor: 120100 GARTON TRACTOR INC Check Sequence: 13 ACH Enabled: False 8102023 MOWER 24,461.18 08/17/2023 1010-580-8020
Check Total: 24,461.18
Vendor: 121000 GILTON SOLID WASTE MANAGEMENT, INC. Check Sequence: 14 ACH Enabled: False 07312023 REINWAY PARK - BIN RENTAL JULY 303.17 08/17/2023 1010-580-7410 WATESS-0064 STREET SWEEPING - JULY 2023 2,756.16 08/17/2023 1010-310-7190 Check Total: 3,059.33
Vendor: 124500 HOWK SYSTEMS Check Sequence: 15 ACH Enabled: False 0324804-IN WEL REHAB AND PUMP REPAIRS - RIVER POINTE WELL #2 67,314.83 08/17/2023 5075-800-7420 Check Total: 67,314.83
Vendor: 125900 INTERNATIONAL INSTITUE OF MUNICIPAL CLERKS Check Sequence: 16 ACH Enabled: False 07062023 IIMC MEMBERSHIP RENEWAL - KRAUSE 210.00 08/17/2023 1010-110-7720 Check Total: 210.00
Vendor: 131898 MID VALLEY IT Check Sequence: 17 ACH Enabled: False 202142790 MONTHLY IT SERVICES - SEPTEMBER 3,514.00 08/17/2023 1010-110-7195 AP-Computer Check Proof List by Vendor (08/15/2023 - 3:15 PM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 3,514.00
Vendor: 132700 MODESTO IRRIGATION DISTRICT Check Sequence: 18 ACH Enabled: False 08032023 POWER - 07/05 THROUGH 08/03/2023 986.19 08/17/2023 1010-210-7820 08032023 POWER - 07/05 THROUGH 08/03/2023 283.07 08/17/2023 1010-310-7820 08032023 POWER - 07/05 THROUGH 08/03/2023 294.06 08/17/2023 1010-550-7820 08032023 POWER - 07/05 THROUGH 08/03/2023 361.20 08/17/2023 1010-580-7820 08032023 POWER - 07/05 THROUGH 08/03/2023 1,203.71 08/17/2023 2210-260-7820 08032023 POWER - 07/05 THROUGH 08/03/2023 444.76 08/17/2023 2230-260-7820 08032023 POWER - 07/05 THROUGH 08/03/2023 581.69 08/17/2023 5050-700-7820 08032023 POWER - 07/05 THROUGH 08/03/2023 3,306.57 08/17/2023 5070-800-7820 08032023 POWER - 07/05 THROUGH 08/03/2023 15,053.74 08/17/2023 5071-800-7820 Check Total: 22,514.99
Vendor: 132742 MOUNTAIN VALLEY ENVIRONMENTAL SERVICES, INC. Check Sequence: 19 ACH Enabled: False 4509 CROS CONNECT - SEPTEMBER 2023 140.00 08/17/2023 5071-800-7190 4509 CROS CONNECT - SEPTEMBER 2023 20.00 08/17/2023 5072-800-7190 4509 CROS CONNECT - SEPTEMBER 2023 40.00 08/17/2023 5070-800-7190 Check Total: 200.00
Vendor: 135100 NORMAC Check Sequence: 20 ACH Enabled: False 0012067389-001 SPRINKLERS - BASIN PARK 465.75 08/17/2023 1010-580-7510 0012132950-001 SPRINKLERS - BASIN PARK 232.87 08/17/2023 1010-580-7510 Check Total: 698.62
Vendor: UB*01871 Candido Jimenez & Olivia Hermosillo de la Torre Check Sequence: 21 ACH Enabled: False Refund Check 010515-000, 13188 BENTLEY ST 28.70 08/10/2023 5071-000-2010 Check Total: 28.70
Vendor: 136625 PIONEER MARKET WATERFORD Check Sequence: 22 ACH Enabled: False 08012023 SUPPLIES FOR CITY SERVICES - JULY 2023 35.37 08/17/2023 1010-110-7510 08012023 SUPPLIES FOR CITY SERVICES - JULY 2023 32.81 08/17/2023 1010-310-7510 08012023 SUPPLIES FOR CITY SERVICES - JULY 2023 32.81 08/17/2023 1010-580-7510 08012023 SUPPLIES FOR CITY SERVICES - JULY 2023 6.56 08/17/2023 5070-800-7510 08012023 SUPPLIES FOR CITY SERVICES - JULY 2023 22.95 08/17/2023 5071-800-7510 08012023 SUPPLIES FOR CITY SERVICES - JULY 2023 3.29 08/17/2023 5072-800-7510 Check Total: 133.79
AP-Computer Check Proof List by Vendor (08/15/2023 - 3:15 PM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference Vendor: 144700 SPRINGBROOK HOLDING COMPANY LLC Check Sequence: 23 ACH Enabled: False INV-013620 CIVICPAY - SUBSCRIPTION 10/23 TO 10/24 3,520.00 08/17/2023 5050-700-7610 INV-013620 CIVICPAY - SUBSCRIPTION 10/23 TO 10/24 704.00 08/17/2023 5070-800-7610 INV-013620 CIVICPAY - SUBSCRIPTION 10/23 TO 10/24 2,464.00 08/17/2023 5071-800-7610 INV-013620 CIVICPAY - SUBSCRIPTION 10/23 TO 10/24 352.00 08/17/2023 5072-800-7610 INV-014198 CIVICPAY - JULY 2023 513.50 08/17/2023 5050-700-7610 INV-014198 CIVICPAY - JULY 2023 102.70 08/17/2023 5070-800-7610 INV-014198 CIVICPAY - JULY 2023 359.45 08/17/2023 5071-800-7610 INV-014198 CIVICPAY - JULY 2023 51.35 08/17/2023 5072-800-7610 Check Total: 8,067.00
Vendor: 200708 STANISLAUS COUNTY PUBLIC WORKS Check Sequence: 24 ACH Enabled: False 3546 VACTOR REPAIRS 2,711.39 08/17/2023 5050-700-7430
3546 VACTOR REPAIRS 542.28 08/17/2023 5070-800-7430
3546 VACTOR REPAIRS 1,897.98 08/17/2023 5071-800-7430
3546 VACTOR REPAIRS 271.14 08/17/2023 5072-800-7430
3568 VACTOR REPAIRS 1,327.41 08/17/2023 5050-700-7430
3568 VACTOR REPAIRS 265.48 08/17/2023 5070-800-7430
3568 VACTOR REPAIRS 929.20 08/17/2023 5071-800-7430
3568 VACTOR REPAIRS 132.74 08/17/2023 5072-800-7430
Check Total: 8,077.62
Vendor: 148626 SUTTER HEALTH PLUS Check Sequence: 25 ACH Enabled: False 2713494 SEPTEMBER HEALTH PREMIUMS 1,268.29 08/17/2023 1010-110-7120 2713494 SEPTEMBER HEALTH PREMIUMS 269.89 08/17/2023 1010-210-7120 2713494 SEPTEMBER HEALTH PREMIUMS 1,435.46 08/17/2023 1010-310-7120 2713494 SEPTEMBER HEALTH PREMIUMS 271.50 08/17/2023 1010-410-7120 2713494 SEPTEMBER HEALTH PREMIUMS 79.99 08/17/2023 1010-430-7120 2713494 SEPTEMBER HEALTH PREMIUMS 95.29 08/17/2023 1010-560-7120 2713494 SEPTEMBER HEALTH PREMIUMS 276.34 08/17/2023 1010-580-7120 2713494 SEPTEMBER HEALTH PREMIUMS 95.29 08/17/2023 2210-260-7120 2713494 SEPTEMBER HEALTH PREMIUMS 4,516.83 08/17/2023 5050-700-7120 2713494 SEPTEMBER HEALTH PREMIUMS 2,493.97 08/17/2023 5070-800-7120 2713494 SEPTEMBER HEALTH PREMIUMS 12,401.65 08/17/2023 5071-800-7120 2713494 SEPTEMBER HEALTH PREMIUMS 705.01 08/17/2023 5072-800-7120 2713494 SEPTEMBER HEALTH PREMIUMS 134.92 08/17/2023 5090-110-7120 Check Total: 24,044.43
Vendor: 150500 THORSEN'S INC. Check Sequence: 26 ACH Enabled: False 1138079 A/C REPAIR WWTP OFFICE 390.00 08/17/2023 5050-700-7410 AP-Computer Check Proof List by Vendor (08/15/2023 - 3:15 PM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference 1138185 A/C REPAIR WWTP OFFICE 442.92 08/17/2023 5050-700-7410 Check Total: 832.92
Vendor: 150563 TRANS-ROCK Check Sequence: 27 ACH Enabled: False 3125 COLD MIX - PATCH MATERIAL FOR STREETS 2,671.81 08/17/2023 1010-310-7530 Check Total: 2,671.81
Vendor: 152772 UMPQUA BANK COMMERCIAL CARD OPS Check Sequence: 28 ACH Enabled: False 07312023 WATER JUGS & SHIRTS FOR WORKERS 109.69 08/17/2023 1010-110-7510 07312023 STAMPS & POSTAGE 69.99 08/17/2023 1010-110-7540 07312023 ZOOM SUBSCRIPTION 59.35 08/17/2023 1010-110-7610 07312023 ALHAMBRA WATER 54.55 08/17/2023 1010-110-7730
07312023 PLAN COPIES 44.09 08/17/2023 1010-410-7190
07312023 SPRINKLER LINE DETECTOR 624.99 08/17/2023 1010-580-7510 07312023 AWWA ANNUAL RENEWAL 97.40 08/17/2023 5070-800-7510 07312023 AWWA ANNUAL RENEWAL 340.90 08/17/2023 5071-800-7510 07312023 AWWA ANNUAL RENEWAL 48.70 08/17/2023 5072-800-7510 Check Total: 1,449.66
Vendor: 155000 WARDEN'S Check Sequence: 29 ACH Enabled: False 2101440-0 ADMIN & WATER OFFICE SUPPLIES 102.40 08/17/2023 1010-110-7515 2101440-0 ADMIN & WATER OFFICE SUPPLIES 12.25 08/17/2023 5070-800-7510 2101440-0 ADMIN & WATER OFFICE SUPPLIES 42.89 08/17/2023 5071-800-7510 2101440-0 ADMIN & WATER OFFICE SUPPLIES 6.13 08/17/2023 5072-800-7510 2101474 WATER - CLIP BOARDS 18.69 08/17/2023 5070-800-7510 2101474 WATER - CLIP BOARDS 65.42 08/17/2023 5071-800-7510 2101474 WATER - CLIP BOARDS 9.35 08/17/2023 5072-800-7510 C2101440-0 RETURN WATER SUPPLIES -12.25 08/17/2023 5070-800-7510 C2101440-0 RETURN WATER SUPPLIES -42.89 08/17/2023 5071-800-7510 C2101440-0 RETURN WATER SUPPLIES -6.13 08/17/2023 5072-800-7510 Check Total: 195.86
Vendor: 155600 WATERFORD FARM SUPPLY, INC. Check Sequence: 30 ACH Enabled: False 07312023 OPERATING MISCELLANEOUS SUPPLIES - JULY 2023 25.87 08/17/2023 1010-110-7510 07312023 OPERATING MISCELLANEOUS SUPPLIES - JULY 2023 38.14 08/17/2023 1010-310-7410 07312023 OPERATING MISCELLANEOUS SUPPLIES - JULY 2023 998.97 08/17/2023 1010-580-7410 07312023 OPERATING MISCELLANEOUS SUPPLIES - JULY 2023 30.82 08/17/2023 1010-580-7420 07312023 OPERATING MISCELLANEOUS SUPPLIES - JULY 2023 6.67 08/17/2023 1010-580-7430 07312023 OPERATING MISCELLANEOUS SUPPLIES - JULY 2023 407.88 08/17/2023 1010-580-7510 07312023 OPERATING MISCELLANEOUS SUPPLIES - JULY 2023 69.73 08/17/2023 1010-580-7580 AP-Computer Check Proof List by Vendor (08/15/2023 - 3:15 PM) Page 6 Invoice No Description Amount Payment Date Acct Number Reference 07312023 OPERATING MISCELLANEOUS SUPPLIES - JULY 2023 19.56 08/17/2023 5050-700-7510 07312023 OPERATING MISCELLANEOUS SUPPLIES - JULY 2023 54.67 08/17/2023 5070-800-7510 07312023 OPERATING MISCELLANEOUS SUPPLIES - JULY 2023 191.35 08/17/2023 5071-800-7510 07312023 OPERATING MISCELLANEOUS SUPPLIES - JULY 2023 27.34 08/17/2023 5072-800-7510 07312023 OPERATING MISCELLANEOUS SUPPLIES - JULY 2023 64.71 08/17/2023 5050-700-7550 Check Total: 1,935.71
Vendor: 155650 WATERFORD IRRIGATION SUPPLY INC. Check Sequence: 31 ACH Enabled: False 205464 DOG PARK SPRINLKER SUPPLIES 194.13 08/17/2023 1010-580-7510 205467 DOG PARK SPRINLKER SUPPLIES 30.96 08/17/2023 1010-580-7510 Check Total: 225.09
Vendor: 157700 WILSON FAMILY PLUMBING, INC. Check Sequence: 32 ACH Enabled: False 11967 BEARD PARK SEWER LINE BACKED UP 2,272.29 08/17/2023 1010-580-7410 Check Total: 2,272.29
Total for Check Run:

Total of Number of Checks:
187,896.45
32 AP-Computer Check Proof List by Vendor (08/15/2023 - 3:15 PM) Page 7 User:

Printed: 08/21/2023 - 1:10PM
trish
Computer Check Proof List by Vendor
Accounts Payable
Batch: 00021.08.2023
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 00021.08.2023 FICA Employee Portion 233.81 08/21/2023 1010-000-2240 PR Batch 00021.08.2023 FICA Employee Portion PR Batch 00021.08.2023 FICA Employer Portion 233.81 08/21/2023 1010-000-2240 PR Batch 00021.08.2023 FICA Employer Portion PR Batch 00021.08.2023 Medicare Employee Portion 716.71 08/21/2023 1010-000-2240 PR Batch 00021.08.2023 Medicare Employee Portion PR Batch 00021.08.2023 Medicare Employer Portion 716.71 08/21/2023 1010-000-2240 PR Batch 00021.08.2023 Medicare Employer Portion PR Batch 00021.08.2023 Federal Income Tax 4,236.52 08/21/2023 1010-000-2220 PR Batch 00021.08.2023 Federal Income Tax Check Total: 6,137.56
Vendor: 108350 CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT Check Sequence: 2 ACH Enabled: True PR Batch 00021.08.2023 EDD TRAINING TAX 4.06 08/21/2023 1010-000-2260 PR Batch 00021.08.2023 EDD TRAINING TAX PR Batch 00021.08.2023 CALIFORNIA SDI 444.85 08/21/2023 1010-000-2260 PR Batch 00021.08.2023 CALIFORNIA SDI PR Batch 00021.08.2023 STATE UNEMPLOYMENT 60.58 08/21/2023 1010-000-2260 PR Batch 00021.08.2023 STATE UNEMPLOYMENT PR Batch 00021.08.2023 State Income Tax 1,304.05 08/21/2023 1010-000-2230 PR Batch 00021.08.2023 State Income Tax Check Total: 1,813.54
Vendor: 154101 MISSION SQUARE - 303352 Check Sequence: 3 ACH Enabled: False PR Batch 00021.08.2023 DEFERRED COMP-457 945.00 08/21/2023 1010-000-2280 PR Batch 00021.08.2023 DEFERRED COMP-457 PR Batch 00021.08.2023 457 LOAN REPAY 244.68 08/21/2023 1010-000-2280 PR Batch 00021.08.2023 457 LOAN REPAY PR Batch 00021.08.2023 DEFERRED COMP 457 - % 950.77 08/21/2023 1010-000-2280 PR Batch 00021.08.2023 DEFERRED COMP 457 - % PR Batch 00021.08.2023 DEFERRED COM-457 - EMPLOYER PD 219.41 08/21/2023 1010-000-2285 PR Batch 00021.08.2023 DEFERRED COM-457 - EM Check Total: 2,359.86
Vendor: 139400 PUBLIC EMPLOYEE RETIREMENT SYSTEM Check Sequence: 4 ACH Enabled: True PR Batch 00021.08.2023 EMPLOYEE PERS CONTRIBUTION 3,365.03 08/21/2023 1010-000-2270 PR Batch 00021.08.2023 EMPLOYEE PERS CONTR PR Batch 00021.08.2023 EMPLOYER PAID PERS 4,499.69 08/21/2023 1010-000-2270 PR Batch 00021.08.2023 EMPLOYER PAID PERS Check Total: 7,864.72
AP-Computer Check Proof List by Vendor (08/21/2023 - 1:10 PM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference Total for Check Run:

Total of Number of Checks:
18,175.68
4 AP-Computer Check Proof List by Vendor (08/21/2023 - 1:10 PM) Page 2 Consent Calendar 3c
September 7, 2023
Patricia Krause, City Clerk / Administrative Services Director City Council Staff Report
Motion: Approving Minutes of the Regular City Council Meeting held August 17, 2023.

SUMMARY:

Consider approving minutes from the August 17, 2023 Regular City Council meeting.

ANALYSIS:

Approve Minutes of the Regular City Council Meeting held on August 17, 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 17, 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
Council Member Hilton
Council Member Harris
Council Member Talbott
ABSENT: Vice Mayor Kitchens
STAFF PRESENT:

Michael Pitcock, City Manager
Patricia Krause, City Clerk / Administrative Services Director 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, Harris, Hilton, Talbott
NAYS: None
ABSENT: Kitchens
ABSTAIN: None
Motion passed 4-0.

CONFLICT OF INTEREST DECLARATION:

None.

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

1. 2.

Jose Saldana: Expressed concerns over the flashing crossing lights not working well enough. Mr. Saldana also inquired about sidewalks that need to be installed throughout the City and commented that the crosswalks at Moon School were not painted.

Jacob Faullder: Representing District Senator Marie Alvarado-Gil, introduced himself, gave legislative updates to the Council, and offered his information for any questions or concerns.

3. 3a: MOTION: Waiving all Readings of Ordinances and Resolutions, except by title. 3b: RESOLUTION: Resolution 2023-38, Approving the Warrant Register in the Amount of $935,325.64 for the Period of August 3 to August 7, 2023. 3c: MOTION: Approving Minutes of the Regular City Council Meeting held August 3, 2023. 3d: MOTION: Accepting the Treasurer’s Report for the Quarter Ended June 30, 2023.

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

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

4. 5.

6. 6a: MOTION: Authorizing Staff to Prepare and Release a Request for Proposal (RFP) Soliciting Contractors for Project No. 2023-09, “Skyline Boulevard Improvements”. (Statzer) ACTION: By motion moved and seconded (CM Hilton / CM Talbott / 4-0) to Authorize Staff to Prepare and Release a Request for Proposal (RFP) Soliciting Contractors for the Project No.

COMMUNICATIONS FROM THE AUDIENCE

PRESENTATION

GENERAL BUSINESS

FINAL READINGS

ADOPTION OF CONSENT CALENDAR

PUBLIC HEARINGS
2023-09, “Skyline Boulevard Improvements”.

AYES: Goeken, Harris, Hilton, Talbott
NAYS: None
ABSENT: Kitchens
ABSTAIN: None
Motion passed 4-0.
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)
ACTION: By motion moved and seconded (CM Talbott / CM Hilton / 4-0) to Award 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.

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

7. 8.
8a: City Project List

9. 9a: City Staff
Public Works Superintendent Statzer reminded citizens and Council that the first home game of the season for the Waterford Wildcats is this Friday night and encouraged their support for the team. Mr.

Statzer also confirmed that all crosswalks in the City had been painted, but that cars driving over them may make it look like they have not been.

Chief Parker gave the Council comparative updates between the last two 365-day periods on crime in the City. Chief Parker also gave information on recent calls of interest City Clerk Krause announced that it was Councilmember Talbott’s Birthday.

City Attorney Browning announced the closed session item for the evening.

City Manager Pitcock gave an update on the current Caltrans project and delay, as well as the awarded ATP project. Mr. Pitcock also spoke about potential development within the City Lakepoint area.

STAFF/COUNCIL COMMENTS AND MEETING REPORTS

INFORMATIONAL ITEMS

SUCCESSOR AGENCY TO THE FORMER WATERFORD REDEVELOPMENT AGENCY

SUCCESSOR AGENCY TO THE FORMER WATERFORD REDEVELOPMENT AGENCY 9b: City Council
Councilmember Hilton had no comments.

Councilmember Talbott thanked staff for helping to mitigate the parking issues on Oden drive and thanked everyone for the Birthday wishes.

Councilmember Harris had no comments.

Mayor Goeken had no comments.

10. Meeting Recessed: 6:51 PM.

Mayor Goeken recessed the City Council meeting at 6:51 PM to convene to Closed Session directly following the recess. Adjournment of the City Council meeting followed the Report out of Closed Session.

11. 12. 12.

PASSED AND ADOPTED by the Waterford City Council at a regular meeting held on September 7th, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

CITY OF WATERFORD:

________________________
Charlie Goeken, Mayor
ATTEST:
_________________________
Patricia Krause, CMC, City Clerk

CLOSED SESSION

ADJOURNMENT / RECESS

REPORT OUT OF CLOSED SESSION
Consent Calendar 3d
September 7, 2023
Corbett J. Browning, City Attorney
City Council Staff Report
Resolution: Approve Resolution 2023-40, Approving Amendment No. 1 to Memorandum Of Understanding and Authorize the City Manager to Execute the Amendment.

SUMMARY:

Staff became aware that the existing MOU language of section 7.2 related to retirement compensation is not in compliance with the rules of the CalPERS System. This matter amounts to less than $6.00 for 10 employees (per pay period), but nonetheless, needs to be corrected to comply with the CalPERS System. The matter was brought to the attention of the Union Representative with the proposed new language to Section 7.2. the Union Representative is in agreement to change the MOU language as reflected in Resolution 2023-40.

ANALYSIS:

The process to change the language of the MOU requires City Council approval and authorization for the City Manager to execute the Amendment.

FISCAL IMPACT:
• Fiscal impact is nominal and amounts to less than $1.00 of contribution for each employee, per pay period.

ALTERNATIVES:

1. Not approve the MOU Amendment. Staff does not recommend this option as the MOU language is not in compliance with the rules of the CalPERS System.

ATTACHMENTS:
• Exhibit A – Resolution 2023-40

Page 1 of 1 ends

RESOLUTION 2023-40

WATERFORD CITY COUNCIL
RESOLUTION 2023-40
A RESOLUTION APPROVING AMENDMENT NO. 1 TO MEMORANDUM OF

UNDERSTANDING AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE

AMENDMENT
WHEREAS, a new Memorandum of Understanding (MOU) Agreement between the City of Waterford and the Miscellaneous Employees Bargaining Unit with a term of July 1, 2021 through June 30, 2025 was agreed to and approved; and WHEREAS, City Council for the City of Waterford and the Union Representative has reviewed the terms of the Memorandum of Understanding (MOU) and finds that the language of Section 7.2 needs to be revised to comply with the CalPERS System; and WHEREAS, City Council for the City of Waterford desires to amendment the language of Section 7.2 of the MOU.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Waterford hereby approves the Amendment I to MOU attached hereto as Exhibit “A”.

The foregoing Resolution was passed and adopted by the City Council of the City of Waterford, County of Stanislaus, State of California, at a regular meeting thereof held on the 7th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

City of Waterford
____________________________
Charlie Goeken, Mayor
Attest: Approved as to Form:
_________________________ ______________________________ Patricia Krause, CMC, City Clerk Corbett J. Browning, City Attorney

Page 1 of 2 ends

AMENDMENT NO. 1 TO MEMORANDUM OF UNDERSTANDING
This AMENDMENT NO. 1 TO MEMORANDUM OF UNDERSTANDING (the “Amendment”) is made and entered into on September __, 2023 to that certain Memorandum of Understanding entered into for the term of July 1, 2021 through June 30, 2025, by and between THE CITY OF WATERFORD (herein after referred to as “City”) and THE INTERNATIONAL UNION OF OPERATING ENGINEERS STATIONARY ENGINEERS, LOCAL 39 (herein after referred to as “Union”). City and Union are sometimes hereinafter referred to individually as a “Party” and collectively as the “Parties.”
NOW THEREFORE, THE PARTIES AGREES as follows, to amend the following language to the Agreement:

Section 7.2 of the Agreement shall be amended and restated to read in its entirety as follows:

7.2 EMPLOYEE’S CONTRIBUTION
Employees shall contribute their portion of the PERS fund in the following manner:

1. Classic employees shall contribute eight percent (8%) towards their share of the PERS cost formula.

2. PEPRA employees shall contribute the Plan’s Employee Rate as provided annually by CalPERS.

3. The employee's retirement contribution shall be on a pre-tax basis.

Except as explicitly modified by this Amendment, all of the terms and provisions of the Memorandum of Understanding entered into for the term of July 1, 2021 through June 30, 2025 (hereinafter referred to as “Agreement”), are and remain in full force and effect. Should there be any inconsistencies between the language in this Amendment and said Agreement, this Amendment shall take precedence.

IN WITNESS WHEREOF, this Amendment was executed by the undersigned on the date first above written.

INTERNATIONAL UNION OF

OPERATING ENGINEERS CITY OF WATERFORD
LOCAL 39, AFL-CIO
BY: __________________________ BY________________________

BART FLORENCE MICHAEL PITCOCK

BUSINESS MANAGER CITY MANAGER

Page 2 of 2 ends

____________________________ _____________________________

BRANDY JOHNSON

DIRECTOR OF PUBLIC EMPLOYEES
____________________________ _____________________________

JENNIFER OSBORN

BUSINESS REPRESENTATIVE
General Business 6a
September 7, 2023
Lonnie Statzer Public Works Superintendent
City Council Staff Report
Motion: Awarding Bid and Approving an Agreement with Sam Fletcher Fence Inc, in the Amount of $4,550.00 for Project No. 2023-13, “Riverside Rd. Fence Repair” as a Minor Contract Project and Authorizing the City Manager to Execute the Agreement.

SUMMARY:

The City Council is being asked to award bid and approving an agreement with Sam Fletcher Fencing Inc, as a minor contract project in the amount of $4,550.00 for Project No. 2023-13 “Riverside Rd.

Fence Repair” and authorizing the City Manager to execute the agreement.

ANALYSIS:

On April 18, 2023, a resident of Waterford took a left turn eastbound from Center Street onto Riverside Rd. at a high rate of speed. Due to the high rate of speed the resident could not make the turn and ran into the black powder coated chain link fence that separates the River Trail walk and Riverside Rd. leaving an unsafe void in the fence.

The scope of work for these needed repairs includes replacing approximately 70’ feet of chain link repair, 21’ of top rail and 9 structural posts.

In June, staff reached out to 3 fencing companies and only two responded:

Bid Company City and State Bid Amount

1. Fletcher Fence Inc. Modesto, CA 95357 $4,550.00

1. Hensel Fencing Inc. Modesto, CA 95350 $5,880.00

FISCAL IMPACT
Funding for this project will come from the Street Fund budget number 1010-310-7410 for fiscal year 2023/2024.

The project budget is as follows:

Expenses
Total Project Cost Construction
Contract
Construction
Contingency
Construction
Engineering &
Inspection
Preliminary
Engineering
$5,460.00 $4,550.00 $455.00 $227.50 $227.50
Funding Source:

Fund Title Funding Required Budget Number
Street Fund $5,460.00 1010-310-7410
Total $5,460.00
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. The City can choose not to move forward with these improvements at this time. This is not recommended as fencing aids in protecting pedestrians by defining separated spaces for pedestrians and vehicles.

ATTACHMENTS:
• Location Map
• Notice of Award
• Agreement

C-13

NOTICE OF AWARD
Description of Work: RIVERSIDE RD. FENCE REPAIR
To Fletcher Fence, Inc________________________________________________ (Contractor)
Po Box 577823 ________________________________________
(Address)
Modesto, CA 95357 ________________________________________________________ (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 September 7, 2023.

It appears that it is to the best interest of said Owner to accept your Proposal in the amount of _Four Thousand, Five Hundred and Fifty dollars______
(written description of contract amount)
($4,550.00) 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 7th day of September , 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: RIVERSIDE RD. FENCE REPAIR
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. 2023-13
“RIVERSIDE RD. FENCE REPAIR”
THIS AGREEMENT, is entered between the CITY OF WATERFORD, a Municipal Corporation, herein called "City", and Fletcher Fence, Inc herein called "Contractor", on September 7, 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 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 September 7, 2023 for the project, Riverside Rd. Fence Repairs 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: Four Thousand Five Hundred and Fifty dollars ($4,550.00). 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 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 their intention to take over the 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 or make 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 Contractorfromfactory 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, and thateach 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.

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 Western, Pecan and Dorsey Improvements C-10

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, electtodeclare 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 thissub‐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:

Fletcher Fence, Inc
Po Box 577823
Modesto, CA 95357
Phone 209-662-8298
FAX 209-662-8298 _
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 counterpartsofthisAgreement, 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
September 7, 2023
Lonnie Statzer Public Works Superintendent
City Council Staff Report
Resolution: Approving Resolution 2023- 41, Accepting Improvements for Project No. 2023-02, “Yosemite Blvd (SR132) Utility Conflict Relocation Project” and Authorizing the City Engineer to File a Notice of Completion with the Stanislaus County Recorder’s Office.

SUMMARY:

City Council is being asked to approve Resolution 2023-41, accepting the improvements for Project No. 2023-02, “Yosemite Blvd (SR132) Utility Conflict Relocation Project” and authorize the City Engineer to file a Notice of Completion with the Stanislaus County Recorder’s Office.

ANALYSIS:

Caltrans has scheduled an upcoming multimillion-dollar surface improvement project on Yosemite Blvd, (SR132). The project improvements will start at Reinway and continue east to F Street. This project will consist of widening Yosemite Blvd, replacing curbs and sidewalks and adding curbs and sidewalks to areas that did not have them before. Caltrans needs the City to relocate its existing water and sewer services so that there is no conflict with their upcoming surface improvement project. The proposed project will mitigate sewer and water infrastructure conflicts that have been predetermined to exist by Caltrans Engineering.

The table below provides the City Council of an accounting of funding approved to date:

Action Scope of Work Approval Amount
Award of Bid Original Contract City Manager $113,551.00 Change Order #1 Sewer Laterals and
unmarked Utility
Conflicts .

City Manager<10% $10,584.05
Change Order #2 Credit fir line item #6
Meter Box
Credit - $900.00
Final Contract Price $123,235.05
All work has been completed in accordance with the Plans, Specifications and Standard Plans. Staff recommends City Council accept the improvements and authorize the City Engineer to file a Notice of Completion with the Stanislaus County Recorder’s Office.

FISCAL IMPACT
Funding for this project will come from the Water Funds and Sewer Funds for fiscal year 2022/2023.

The project budget is as follows:

Expenses
Total Project
Cost
Construction
Contract
Change Order
#1
Change Order
#2
Credit
Construction
Engineering &
Inspection
Preliminary
Engineering
$140,267.70 $113,551.00 $10,584.05 -$900.00 $11,355.10 $5,677.55 Revenues:

Funding Title Funding Request Budget Number
Water Fund $140,267.70
Total $140,267.70
No General Fund money will be used for this project.

ENVIRONMENTAL REVIEW:

1. Council could choose not to accept the NOC.

ATTACHMENTS:
• Resolution 2023-41
• Notice of Completion
• Change Order #1
• Change Order #2
RESOLUTION 2023-41

Page 1 of 2 ends

WATERFORD CITY COUNCIL
RESOLUTION # 2023-41
APPROVING RESOLUTION 2023-41, ACCEPTING IMPROVEMENTS FOR PROJECT NO. 2023-02, “YOSEMITE BLVD (SR132) UTILITY CONFLICT RELOCATION PROJECT” AND AUTHORIZING THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION WITH THE STANISLAUS COUNTY RECORDER’S OFFICE.

WHEREAS, the City Council of the City of Waterford previously approved the “Yosemite Blvd. (SR132) Utility Conflict Relocation Project” bid documents; and WHEREAS, on or around April 6, 2023, a Contract was duly executed by and between United Pavement Maintenance, Inc. Contractor, and the City of Waterford, California, a Municipal Corporation to have certain public improvements constructed and installed to the satisfaction of the City Engineer; and
WHEREAS, it is the City Engineer’s opinion the improvements have been constructed and installed in accordance with the contract, approved specifications and plans; and WHEREAS, security securing the payment to the contractor, his subcontractors, and to persons furnishing labor, materials, or equipment may be released six (6) months from receipt by the City of the recorded Notice of Completion, provided no claims have been filed with the City; and
WHEREAS, the performance security to remain in effect for (1) year guaranteeing that the completed work remains satisfactory during the required one (1) year warranty period and may be released upon correction, by Contractor, of any defects in the work existing at the end of the warranty period.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WATERFORD DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The City Council of the City of Waterford accepts the public improvements into the City of Waterford maintained infrastructure system, such having been inspected by the City Engineer of the City of Waterford.

Section 2. The City Council of the City of Waterford authorizes the City Engineer to prepare the Notice of Completion and cause same to be recorded in the Official Records of Stanislaus County, California.

Section 3. The adoption of this resolution does not release any improvement securities which have been provided in accordance with the above-referenced Contract.

Such shall remain in full force and effect as set forth above.

PASSED, APPROVED, AND ADOPTED by the Waterford City Council of the City of Waterford at a regular meeting this 7
th day of September 2023, by the following vote:

RESOLUTION 2023-41

Page 2 of 2 ends

AYES:

NOES:

ABSTAIN:

ABSENT:

CITY OF WATERFORD
Charlie Goeken, Mayor
ATTEST: APPROVED AS TO FORM:

PATRICIA KRAUSE, CMC CORBETT J. BROWNING
City Clerk City Attorney

RECORDING REQUESTED BY

CITY OF WATERFORD
WHEN RECORDED MAIL TO:

City Engineer
City of Waterford
101 “E” Street
Waterford, California 95386
SPACE ABOVE THIS LINE FOR RECORDER’S USE
Notice of Completion
Notice is hereby given that:

1. The undersigned is a representative of the owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the owner is the City of Waterford.

3. The full address of the owner 101 E Street, Waterford, California, 95386

4. The nature of the title of the owner is: In fee.

5. A work of improvement on the property hereinafter described was completed in June 23, 2023. The name of the contractor, for such work of improvement was United Pavement Maintenance, Inc.

6. The nature of the work of improvement was Moving sewer laterals and water services that may be in Caltrans ways when they come thru to do their improvement project.

7. The property on which said work of improvement was completed is in the city of Waterford, county of Stanislaus, state of California, and is described as follows:

8. Yosemite Blvd. (SR132) Utility Conflict Relocation Project.

9. The street address of said property is none.

I, Robert B. Marler, declare under penalty of perjury, under the laws of the State of California that the foregoing is true and correct.

Signing on behalf of City of Waterford
Dated: _________________ By _________________________________________ Robert B. Marler, Waterford City Engineer

VERIFICATION:

I, Robert B. Marler, the undersigned, declare under penalty, under the laws of the State of California that I am the owner, or agent of the owner, of the interest or estate in the property described in the above notice; that I have read the notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.

Executed on _________________ , at Manteca, California.

Signing on behalf of City of Waterford

_________________________________________
Robert B. Marler, Waterford City Engineer

General Business 6c
September 7, 2023
Lonnie Statzer Public Works Superintendent
City Council Staff Report
Resolution: Approving Resolution 2023- 42, Accepting Improvements for Project No. 2022-09, “F Street Pedestrian Improvement Project” and Authorizing the City Engineer to File a Notice of Completion with the Stanislaus County Recorder’s Office.

SUMMARY:

City Council is being asked to approve Resolution 2023-42, accepting the improvements for Project No. 2022-09, “F Street Pedestrian Improvement Project” and authorize the City Engineer to file a Notice of Completion with the Stanislaus County Recorder’s Office.

ANALYSIS:

The project location was F Street, between First Street and N. Western Avenue, and the project included the installation of new frontage improvements to the west side of F Street, including curb, gutter, and sidewalk, pavement widening, storm drain improvements, and relocation of the City’s monument sign. All proposed improvements are within the existing City right-of-way and filled a sidewalk gap providing a safe path of travel for pedestrians.

The table below provides the City Council of an accounting of funding approved to date:

Action Scope of Work Approval Amount
Award of Bid Original Contract City Manager $298,237.60 Change Order #1 Reroute the proposed
12”SD and replace the
existing SDMH
structure, 1LS
City Manager<10% $2,139.27
Change Order #2 Remobilization due to
project delay, Concrete
4” sidewalk, 6” concrete
driveway and vertical
curb & gutter
City Manager<10% $3,982.50
Final Contract Price $304,359.37
All work has been completed in accordance with the Plans, Specifications and Standard Plans. Staff recommends City Council accept the improvements and authorize the City Engineer to file a Notice of Completion with the Stanislaus County Recorder’s Office.

FISCAL IMPACT
Funding for this project will come from the Water Funds and Sewer Funds for fiscal year 2022/2023.

The project budget is as follows:

Expenses
Total Project
Cost
Construction
Contract
Change Order
#1
Change Order
#2
Credit
Construction
Engineering &
Inspection
Preliminary
Engineering
$335,674.31 $298,237.60 $2,139.27 $3,982.50 $29,823.76 $1491.18 Revenues:

Funding Title Funding Required Funding Line Code
STPCML Grant $75,000 6310-310-8297
Measure L Funds $260,674.64 6320-320-9250
Total $357,885.12
No General Fund money will be used for this project.

ENVIRONMENTAL REVIEW:

1. Council could choose not to accept the NOC.

ATTACHMENTS:
• Resolution 2023-42
• Notice of Completion
• Change Order #1
• Change Order #2
RESOLUTION 2023-42

Page 1 of 2 ends

WATERFORD CITY COUNCIL
RESOLUTION # 2023-42
APPROVING RESOLUTION 2023-42, ACCEPTING IMPROVEMENTS FOR PROJECT NO. 2022-09, “F STREET PEDESTRIAN IMPROVEMENT PROJECT”

AND AUTHORIZING THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION WITH THE STANISLAUS COUNTY RECORDER’S OFFICE.

WHEREAS, the City Council of the City of Waterford previously approved the “F Street Pedestrian Improvement Project” bid documents; and
WHEREAS, on or around October 20, 2022, a Contract was duly executed by and between Taylor Backhoe Services, Inc. Contractor, and the City of Waterford, California, a Municipal Corporation to have certain public improvements constructed and installed to the satisfaction of the City Engineer; and
WHEREAS, it is the City Engineer’s opinion the improvements have been constructed and installed in accordance with the contract, approved specifications and plans; and WHEREAS, security securing the payment to the contractor, his subcontractors, and to persons furnishing labor, materials, or equipment may be released six (6) months from receipt by the City of the recorded Notice of Completion, provided no claims have been filed with the City; and
WHEREAS, the performance security to remain in effect for (1) year guaranteeing that the completed work remains satisfactory during the required one (1) year warranty period and may be released upon correction, by Contractor, of any defects in the work existing at the end of the warranty period.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WATERFORD DOES HEREBY RESOLVE AS FOLLOWS:

Section 3. The adoption of this resolution does not release any improvement securities which have been provided in accordance with the above-referenced Contract.

Such shall remain in full force and effect as set forth above.

PASSED, APPROVED, AND ADOPTED by the Waterford City Council of the City of Waterford at a regular meeting this 7
th day of September 2023, by the following vote:

RESOLUTION 2023-42

Page 2 of 2 ends

AYES:

NOES:

ABSTAIN:

ABSENT:

CITY OF WATERFORD
Charlie Goeken, Mayor
ATTEST: APPROVED AS TO FORM:

PATRICIA KRAUSE, CMC CORBETT J. BROWNING
City Clerk City Attorney

RECORDING REQUESTED BY

CITY OF WATERFORD
WHEN RECORDED MAIL TO:

City Engineer
City of Waterford
101 “E” Street
Waterford, California 95386
SPACE ABOVE THIS LINE FOR RECORDER’S USE
Notice of Completion
Notice is hereby given that:

1. The undersigned is a representative of the owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the owner is the City of Waterford.

3. The full address of the owner 101 E Street, Waterford, California, 95386

4. The nature of the title of the owner is: In fee.

5. A work of improvement on the property hereinafter described was completed in June 1, 2023. The name of the contractor, for such work of improvement was Taylor Backhoe Services, Inc.

6. The nature of the work of improvement was Frontage Improvements, curb, gutter sidewalk, pavement widening and storm drainage improvements.

7. The property on which said work of improvement was completed is in the city of Waterford, county of Stanislaus, state of California, and is described as follows:

Project location will be F Street, between First Street and N. Western Avenue.

8. The street address of said property is none.

I, Robert B. Marler, declare under penalty of perjury, under the laws of the State of California that the foregoing is true and correct.

Signing on behalf of City of Waterford
Dated: _________________ By _________________________________________ Robert B. Marler, Waterford City Engineer

VERIFICATION:

Executed on _________________ , at Manteca, California.

Signing on behalf of City of Waterford

_________________________________________
Robert B. Marler, Waterford City Engineer

Change Order No. 2 Date:

Project:

City Project Number: 2022‐09 Federal Project Number: 5406(032) Contractor: Taylor Backhoe Service, Inc. dba TBS Contractors Quantity Unit Unit Price Cost
1 LS 3,000.00 $ $ 3,000.00

82.7 SF 10.71 $ $ 885.72
‐5.4 SF 15.10 $ $ (81.54)

3.5 LF 50.95 $ $ 178.33
Total Change Order: $ 3,982.50
Changes in Contract Time: Changes in Contract Costs:

Additional Contract Time: 155 Days Total Cost of Change Order: 3,982.50 $ Original Contract Time 45 Days Original Contract Amount: 298,237.60 $ Previous Time Additions: 0 Days Previous Change Orders: 2,139.27 $ Revised Contract Time: 200 Days Revised Contract Amount: $ 304,359.37 Anticipated Completion: 5/27/2023
Recommended: Date: 5/26/2023
Accepted: Date:

Authorized: Date:

2. Increase Bid Item #5 ‐ Concrete, 4" Sidewalk

3. Decrease Bid Item #6 ‐ Concrete, 6" Driveway

4. Increase Bid Item #7 ‐ Vertical Curb & Gutter
City Engineer
Contractor
City Administrator

1. De‐ and Remobilization Due to Project Delay

CHANGE ORDER
5/26/2023
Reason for Change: (1) Due to the project delays caused by Charter communications, the contractor had to demobilization their equipment then remobilize when the overhead utilities were relocated.

Also, 155 days of additional time has been added to the contract to account for these delays caused by utility pole relocation and adverse weather. (2 ‐ 4) These remaining items are part of the project's final measurements and field verified quantities for this balancing change order.

Description
F Street Pedestrian Improvements
Informational Items 8
September 7, 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
Streets
Name Owner Priority Estimated Cost Update
Yosemite Ave. Pedestrian Project (Caltrans) Michael Pitcock Lonnie Statzer High $6,000,000 (SHOPP) Construction to begin September/October 2023 F Street Overlay Michael Pitcock
Lonnie Statzer High $1,500,000 (Measure L) Nearing Completion (Punch List) F Street Improvements at Western Michael Pitcock
Lonnie Statzer High $300,000 (STBG and CMAQ) Complete
Dorsey, Pecan and Western Pedestrian and Roadway Improvements Michael Pitcock Lonnie Statzer High $300,000 (CDBG) Out to bid
Yosemite Pedestrian Improvements Reinway to Eucalyptus Michael Pitcock Lonnie Statzer High $946,000 (ATP) In Environmental.

Yosemite at Pasadena Signal Improvements Michael Pitcock Lonnie Statzer High $600,000 (CMAQ) In Design.

Skyline Road Improvements Michael Pitcock
Lonnie Statzer High $450,000 (STBG) Out to bid
Tim Bell Pedestrian Improvements Michael Pitcock
Lonnie Statzer High $1,993,000 (ATP) Grant was approved/awarded to Waterford Housing Development
Name Owner Priority Estimated Cost Update
Bentley Estates Michael Pitcock High NA Tentative Map Approved. Waiting on Developer.

Reinway North of Moon School Annexation Michael Pitcock High NA No formal application received but the developer is looking at a potential 95 homes
Economic Development
Name Owner Priority Estimated Cost Update
F St and Yosemite Fuel Station Michael Pitcock High N/A Plans for Building Permit are in for review Facilities / Property
City Projects
Name Owner Priority Estimated Cost Update
ADA Transition Plan Implementation Lonnie Statzer Low Varies Ongoing 109 E St. Public Works Shop Sale Lonnie Statzer Low N/A Sale Pending Local Hazardous Mitigation Plan Update Lonnie Statzer Low N/A Draft document has been reviewed.

Council Chambers Equipment Upgrade Patricia Krause High $52,000 Complete Public Safety
Name Owner Priority Estimated Cost Update
License Plate Reader Program Michael Pitcock High
$10,000 up front and $3,300
monthly for maintenance and
monitoring.

Complete
Utilities
Name Owner Priority Estimated Cost Update
WWTP Biosolids Screening Upgrade - Self Help Enterprises Grant
Michael Pitcock
Lonnie Statzer High $500,000 Unfunded Grant Application submitted.

Water System Consolidation - Hickman Michael Pitcock
Lonnie Statzer High $3,000,000 Unfunded Grant Application submitted.

Tim Bell Water and Sewer Extension to Vineyard Michael Pitcock Lonnie Statzer High $2,500,000 (ARPA) Awarded. Construction to Start in October WWTP Road Repair Michael Pitcock
Lonnie Statzer High $1,100,000 (FEMA) Working with FEMA on funding approval Parks and Trails
Name Owner Priority Estimated Cost Update
Triangle Parcel - Neighborhood Park Lonnie Statzer Low $133,000 Park Impact Fees On hold (No Funding) S. Reinway Sports Complex Lonnie Statzer Low Unfunded On hold (No Funding) Dog Park (Prop 68 Per Capita Grant) Lonnie Statzer High $250,000 Grant and Park Impact Fees Complete
Beard Park Improvements (Prop 68 Competitive Grant) Lonnie Statzer Low $1,000,000 Million Unfunded Grant Denied. Waiting to see if another cycle to apply is available.

Community Center Remodel Michael Pitcock
Lonnie Statzer High $800,000 (General Fund) Out to Bid
Other Projects
Name Owner Priority Estimated Cost Update

Waterford City CouncilSeptember 7, 2023

Waterford City Council
September 7, 2023