Staff recommends that the City Council approve Resolution No. _____, authorizing the City Manager to execute a second one-year extension to the cooperative Fuel Services Agreement with Interstate Oil for card-lock fuel services for a total Not To Exceed amount of $400,000 through June 30, 2025.
Prepared by: Reece Ulrich, Fleet & Facilities Manager
Reviewed by: Craig Locke, Public Works Director
Attachments:
1. FY25 - Fuel Contract Extension Resolution
2. FY25 Fuel Contract Amendment
3. FY21 - 23 Fuel Services Agreement
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND APPROVING THE CITY MANAGER TO EXECUTE A 1-YEAR EXTENSION TO THE 3-YEAR
COOPERATIVE FUEL SERVICES AGREEMENT WITH INTERSTATE OIL WHEREAS, the City of Woodland entered into a cooperative purchasing bid with Yolo County for fuel services and products in spring 2020; and
WHEREAS, two proposals were received from Interstate Oil and Ramos Oil, bids were evaluated based on a points system, and Interstate Oil won the bid based on having the most points; and WHEREAS, the City of Woodland entered into a three-year Fuel Services Agreement with Interstate Oil for a total Not To Exceed amount of $1,500,000 through June 2023; and WHEREAS, the three-year Fuel Services Agreement with Interstate Oil included a provision for two (2) one (1) year extensions with approval of the City Council; and WHEREAS, the City Council wishes to authorize the City Manager to execute the second one- year extension of the Fuel Services Agreement;
WHEREAS, the first executed extension of the Fuel Services Agreement with Interstate Oil ends in June 2024; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WOODLAND: hereby authorizes the City Manager to execute the second one-year extension to the three-year Fuel Services Agreement with Interstate Oil for a total Not To Exceed amount of $400,000 through June 2025.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Woodland at a regular meeting held on the 16th day of July 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tania Garcia-Cadena, Mayor
ATTEST:
Ana B. Gonzalez, MMC, City Clerk
TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: July 16, 2024
ITEM #: G.17
SUBJECT: Approval of Application for Grant Funds from the 2024 US Bureau of Reclamation WaterSMART:
Planning and Project Design Grant in cooperation
with the Woodland-Davis Clean Water Agency
Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, approving submittal of a grant application to the US Bureau of Reclamation (USBR) WaterSMART:
Planning and Project Design Grant Program on behalf of the Woodland-Davis Clean Water Agency (WDCWA) for the Distributed Energy Resources (DERs) Integration Design Project.
Staff Contact:
Tim Busch, Principal Utilities Civil Engineer - (530) 661-5963; [email protected]
Fiscal Impact:
There is no impact on the City’s General Fund. WDCWA will be responsible for all costs associated with this work and has budgeted for the non-Federal cost share. There is no direct cost to the City.
However, a portion of the non-Federal cost share would be included in the quarterly billing from WDCWA to the City. The DER Integration Design for WDCWA is eligible to receive $400,000 of project design funding by USBR. If funded, the required non-federal cost share of at least 50% will consist of $792,413 from WDCWA, totaling a project cost of $1,192,413. The grant would offset approximately 33% of the design costs.
Background:
The WDCWA Regional Water Treatment Facility (RWTF) has been experiencing voltage fluctuations from incoming electrical power and multiple power outages over the past few years. The RWTF backup generator takes approximately 5 minutes to start up when a power outage occurs. Voltage fluctuations and power outages result in a short-term outage of water deliveries to the cities of Woodland and Davis and to UC-Davis and has also resulted in damage to RWTF equipment. Even a 5-minute loss of water deliveries to the partners results in significant water pressure losses in the partners' distribution systems. The City’s backup systems respond to the drop in water pressure with a response time of 5 minutes. The City’s water distribution system experiences first a drop in water pressure when the RWTF loses power, then a spike in water pressure when both the RWTF backup generator and the City’s backup systems both come online. The drop in water pressure places the city at risk of a violation of water supply regulations and the rapid change in water pressure has caused major water main breaks. WDCWA has investigated whether the incoming electrical power supply can be stabilized and there does not appear to be a solution related to the incoming power supply.
DERs involve a sophisticated computer control system combined with battery backup to manage the voltage fluctuations and power outages without a loss of water delivery to the partners or damage to RWTF equipment. DERs also would include managing solar power at the RWTF. Initially, the work is to include approximately 30 minutes of battery power for the Finished Water Pump Station to bridge the gap between a grid power outage and the time it takes for the backup generator to be fully functional. Future expansion of the DER would provide full coverage of the RWTF and include solar panels at the RWTF. The future expansion is predicated on availability of grant funding.
Discussion:
The USBR WaterSMART: Planning and Project Design Grant Program will support project-specific design for projects to improve water management or water supplies. The City of Woodland submitted a grant application requesting funding for the DER Integration Design on behalf of WDCWA. If approved by USBR, grant funding will be used to partially fund the completion of a feasibility assessment, design, and owner’s advisor services for the DER Integration at the Regional Water Treatment Facility.
Final design and construction are expected to begin in FY 25/26. WDCWA will manage all aspects of design and construction. WDCWA will be seeking additional grants to fund a portion of the construction costs.
Conclusion:
Staff recommends that the City Council adopt Resolution No. _____, approving submittal of a grant application to the US Bureau of Reclamation (USBR) WaterSMART: Planning and Project Design Grant Program on behalf of the Woodland-Davis Clean Water Agency (WDCWA) for the Distributed Energy Resources (DERs) Integration Design Project.
Prepared by: Tim Busch, Principal Utilities Civil Engineer
Reviewed by: Brent Meyer, City Engineer / Commmunity Development Director
Attachments:
1. DER 071624 City Resolution_WDCWA DER
-1-
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF WOODLAND CITY COUNCIL
APPROVING THE CITY MANAGER, OR DESIGNEE, TO APPLY FOR, RECEIVE, AND ENTER INTO A COOPERATIVE AGREEMENT FOR THE 2024 US BUREAU OF RECLAMATION WATERSMART: PLANNING AND PROJECT DESIGN GRANT FOR
THE DISTRIBUTED ENERGY RESOURCES (DERS) INTEGRATION DESIGN WHEREAS, The Woodland-Davis Clean Water Agency (WDCWA) approved the Amendment 2 to Task Order 16 for Professional Engineering Services with West Yost Associates, Inc. Amendment 2 to Task Order 16 authorized $225,313 of engineering services to support engineering evaluation and preliminary design of a Distributed Energy Resources system at the Regional Water Treatment Facility.
WHEREAS, West Yost Associates, Inc identified a grant funding opportunity through The U.S. Bureau of Reclamation (USBR) WaterSMART: Planning and Project Design Grant Program. This program supports project-specific design for projects to improve water management or water supplies. If approved by USBR, grant funding will be used for the design of a Distributed Energy Resources system at the Regional Water Treatment Facility.
WHEREAS, The WDCWA approved a resolution at the WDCWA Board of Directors meeting on June 20, 2024 in support of the grant application.
WHEREAS, The City of Woodland submitted the grant application on behalf of WDCWA.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WOODLAND AS FOLLOWS:
1. The City Manager or his designee is hereby authorized and directed to sign and file, for and on behalf of the Woodland Davis Clean Water Agency, a WaterSMART: Planning and Project Design Grant Application for a grant from the U.S. Bureau of Reclamation in the amount not to exceed $400,000; and.
2. WDCWA executed Board Resolution 2024-03 on June 20, 2024 to provide the entire amount of non-federal funding and/or in-kind contributions of at least 50 percent of the project costs specified in the funding plan included with the grant application.
3. WDCWA executed Board Resolution 2024-03 on June 20, 2024, to certify that the agency will comply with all statutory and regulatory requirements related to any grant funds.
4. The City Manager or his designee is hereby authorized to negotiate and execute a grant and any amendments or change orders thereto on behalf of the WDCWA and work with Reclamation to meet established deadlines for entering into a cooperative agreement.
-2-
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Woodland at a regular meeting held on the 16th day of July 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tania Garcia-Cadena, Mayor
ATTEST:
Ana B. Gonzalez, MMC, City Clerk
TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: July 16, 2024
ITEM #: G.18
SUBJECT: Prohousing Program
Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____ authorizing application to and participation in the Prohousing Designation program.
Staff Contact:
Spencer Bowen, Communication & Strategic Policies Manager | (530) 661-5808, [email protected]
Amanda Portier, Marketing & Business Relations Specialist | (530) 661-5920, [email protected]
Background:
The State of California's 2019-2020 Budget Act and Government Code section 65589.9 provided for the establishment of the Prohousing Designation Program. This Program created incentives for jurisdictions that are compliant with state housing element requirements and that have enacted policies to facilitate housing production.
Discussion:
Jurisdictions that are determined to be "Prohousing" will receive additional points or other preference during the scoring of competitive applications for specified housing and infrastructure funding from the State of California. Since adoption of Woodland's new Comprehensive Zoning Code, staff members believe that the City will be a competitive applicant and has identified this opportunity to better position Woodland for future funding and programming. Our application does not require ordinance or policy change; rather, it requires City staff to articulate many of the "prohousing" policies that Woodland has already adopted.
Conclusion:
Staff recommends that the City Council adopt Resolution No. _____ authorizing application to and participation in the Prohousing Designation program.
Attachments:
1. Prohousing Designation Woodland Resolution 07.16.24 (1)
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND
AUTHORIZING APPLICATION TO AND PARTICIPATION IN THE PROHOUSING
DESIGNATION PROGRAM
WHEREAS, Government Code section 65589.9 established the Prohousing Designation Program (“Program”), which creates incentives for jurisdictions that are compliant with state housing element requirements and that have enacted Prohousing local policies; and WHEREAS, such jurisdictions will be designated Prohousing, and, as such, will receive additional points or other preference during the scoring of their competitive Applications for specified housing and infrastructure funding; and
WHEREAS, the California Department of Housing and Community Development (“Department”) has adopted regulations (Cal. Code Regs., tit. 25, § 6600 et seq.) to implement the Program (“Program Regulations”), as authorized by Government Code section 65589.9, subdivision (d); and
WHEREAS, the City of Woodland desires to submit an Application for a Prohousing Designation (“Application”).
THEREFORE, BE IT RESOLVED THAT:
1. Applicant is hereby authorized and directed to submit an Application to the Department.
2. Applicant acknowledges and confirms that it is currently in compliance with applicable state housing law.
3. Applicant acknowledges and confirms that it will continue to comply with applicable housing laws and to refrain from enacting laws, developing policies, or taking other local governmental actions that may or do inhibit or constrain housing production. Examples of such local laws, policies, and actions include moratoriums on development; local voter approval requirements related to housing production; downzoning; and unduly restrictive or onerous zoning regulations, development standards, or permit procedures. Applicant further acknowledges and confirms that the Prohousing Policies in its Application comply with its duty to Affirmatively Further Fair Housing pursuant to Government Code sections 8899.50 and 65583. Applicant further acknowledges and confirms that its general plan is in alignment with an adopted sustainable communities strategy pursuant to Public Resources Code section 21155- 21155.4. Applicant further acknowledges and confirms that its policies for the
treatment of homeless encampments on public property comply with and will continue to comply with the Constitution and that it has enacted best practices in its jurisdiction that are consistent with the United States Interagency Council on Homelessness’ “7 Principles for Addressing Encampments” (June 17, 2022, update).
4. If the Application is approved, Applicant is hereby authorized and directed to enter into, execute, and deliver all documents required or deemed necessary or appropriate to participate in the Program, and all amendments thereto (the “Program Documents”).
5. Applicant acknowledges and agrees that it shall be subject to the Application; the terms and conditions specified in the Program Documents; the Program Regulations; and any and all other applicable law.
6. The City Manager is authorized to execute and deliver the Application and the Program Documents on behalf of the Applicant for participation in the Program.
PASSED AND ADOPTED by the City Council of the City of Woodland at a regular meeting of the City Council held on the 16th day of July, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________
Tania Garcia-Cadena, Mayor
ATTEST:
___________________________
Ana B. Gonzalez, City Clerk
TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: July 16, 2024
ITEM #: G.19
SUBJECT: Amendment to Deferred Payment Loan to Friends of the Mission for Freeman Garden Court Project
Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, (1) approving an amendment to the deferred payment loan to Friends of the Mission to a revised amount of $400,202.20 from the Affordable Housing In-Lieu Fees Fund and $49,797.80 from 2019- 2020 PLHA funds for the development of the Freeman Garden Court project, (2) appropriating $49,797.80 of PLHA funds in the Housing Assistance Grant Fund (Fund 1324), and (3) authorizing the City Manager to execute amendments to the loan documents and regulatory agreement in a form as prepared and approved by the City Attorney and take such other actions and execute such documents as necessary to make the City loan and ensure the affordability and restrictions of the project have a term of fifty-five (55) years commencing on the date the Certificate of Occupancy is issued by the City.
Staff Contact:
Dago Fierros, Housing Analyst II, (530) 661-2019, [email protected]
Fiscal Impact:
The deferred payment loan ($450,000) will be funded through the Affordable Housing In-Lieu Fees Fund (1327) in the amount of $400,202.20 and $49,797.80 from 2019-2020 PLHA funds. The Affordable Housing In-Lieu Fees were appropriated in FY2023/24 and will be carried over for expenditure in FY2024/25, but the PLHA funds are not currently included in the FY2024/25 annual budget and therefore require appropriations.
Background:
On April 2, 2024, City Council approved a $450,000 amortized loan and a $450,000 deferred payment loan to Friends of the Mission (FOM) for the development of the Freeman Garden Court project, a 12-unit “duplexed” affordable rental project on approximately 0.45-acre lot at 334 Freeman Street (northeast corner of Freeman Street and Kentucky Avenue).
Discussion:
The City has a remaining balance of $49,797.80 from the Permanent Local Housing Allocation (PLHA) Program from Program Year 2019-2020. The remaining PLHA balance is designated for pre- development, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is Affordable to Extremely low-, Very low-, or Moderate-income households, including necessary Operating Subsidies. The development of the Freeman Garden Court project is an eligible activity pursuant to Guidelines Section 301(a)(1) of the PLHA Notice of Funding Availability date February 26, 2020.
Staff is recommending that the $450,000 deferred payment loan to Friends of the Mission that was approved by City Council on April 2, 2024, be amended to include $49,797.80 from the PLHA program. The $450,000 deferred payment loan will be composed of a revised amount of $400,202.20 from the Affordable Housing In-Lieu Fees Fund and $49,797.80 from 2019-2020 PLHA funds. The total amount of the deferred payment loan will remain at $450,000.
Conclusion:
Staff recommends that the City Council adopt Resolution No. _____, (1) approving an amendment to the deferred payment loan to Friends of the Mission to a revised amount of $400,202.20 from the Affordable Housing In-Lieu Fees Fund and $49,797.80 from 2019-2020 PLHA funds for the development of the Freeman Garden Court project, (2) appropriating $49,797.80 of PLHA funds in the Housing Assistance Grant Fund (Fund 1324), and (3) authorizing the City Manager to execute amendments to the loan documents and regulatory agreement in a form as prepared and approved by the City Attorney and take such other actions and execute such documents as necessary to make the City loan and ensure the affordability and restrictions of the project have a term of fifty-five (55) years commencing on the date the Certificate of Occupancy is issued by the City.
Prepared by: Dago Fierros, Housing Analyst II
Reviewed by: Christine Engel, Community Services Director
Reviewed by: Kim McKinney, Administrative Services Director
Attachments:
1. CC Reso July 16 2024
RESOLUTION NO. _____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND
APPROVING AN AMENDMENT TO THE DEFERRED PAYMENT LOAN TO
FRIENDS OF THE MISSION TO INCLUDE $49,797.80 FROM PERMANENT
LOCAL HOUSING ALLOCATION TO ASSIST WITH THE CONSTRUCTION
OF THE FREEMAN GARDEN COURT AFFORDABLE HOUSING PROJECT
AND TO APPROPRIATE SAID FUND IN FISCAL YEAR 2024/25
WHEREAS, in April 2024 the City Council of the City of Woodland awarded Friends of the Mission two affordable housing loans in the combined amount of $900,000 ($450,000 amortized loan and $450,000 deferred payment loan) for the construction of a 12-unit affordable housing rental project located at 334 Freeman Street, Woodland, CA, 95695; and
WHEREAS, the City of Woodland has $49,797.80 available in Permanent Local Housing Allocation (PLHA) Program funds from Program Year 2019-2020; and WHEREAS, the $49,797.80 of the PLHA funds are designated for predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is Affordable to Extremely low-, Very low-, or Moderate-income households, including necessary Operating Subsidies; and
WHEREAS, the development of the Freeman Garden Court project is an eligible activity pursuant to Guidelines Section 301(a)(1) of the PLHA Notice of Funding Availability date February 26, 2020; and
WHEREAS, the deferred payment loan to Friends of the Mission in the amount of $450,000 will now be composed of a revised amount of $400,202.20 from the Affordable Housing In-Lieu Fees Fund (1327) and $49,797.80 from 2019-2020 PLHA funds; and
WHEREAS, the PLHA funds have not been included in the fiscal year 2024/25 budget approved by the City Council; and
WHEREAS, the regulatory agreement will restrict the use of the property for a term of fifty-five (55) years commencing on the date the Certificate of Occupancy is issued by the City.
NOW, THEREFORE, BE IT RESOLVED, the City Council hereby (1) Approves an amendment to the deferred payment loan to Friends of the Mission to a revised amount of $400,202.20 from the Affordable Housing In-Lieu Fees Fund and $49,797.80 from 2019-2020 PLHA funds for the development of the Freeman Garden Court project (2) authorizes the City Manager to execute
amendments to the loan documents and regulatory agreement in a form as prepared and approved by the City Attorney and take such other actions and execute such documents as necessary to make the City loan and ensure the affordability and restrictions of the project have a term of fifty-five (55) years commencing on the date the Certificate of Occupancy is issued by the City. (2) Appropriates $49,797.80 in 2019-20 PLHA funding in the Housing Assistance Grant Fund (Fund 1324).
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Woodland at a regular meeting held on the 16th day of July 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tania Garcia-Cadena, Mayor
ATTEST:
Ana B. Gonzalez, MMC, City Clerk
TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: July 16, 2024
ITEM #: G.20
SUBJECT: Establish official intent relating to qualification for reimbursement of costs for the planning, design, and
construction of the Spring Lake Recycled Water
improvements
Recommendation for Action: Staff recommends that the City Council approve Resolution No.____, establishing official intent relating to qualification for reimbursement of costs for the planning, design, and construction of Spring Lake Recycled Water improvements.
Staff Contact:
Tim Busch, Principal Utilities Civil Engineer, 530-661-5963, [email protected]
Fiscal Impact:
This project is included in the Capital Budget (Project # 17-07) with $4,005,000 approved by Council on June 15, 2021, and reallocation approved by Council on February 2024. The overall project budget includes staff time, design, construction, construction management, and contingency. The City has applied for and received a drought related grant through the SWRCB Prop 68 SRF Program.
The revised SWRCB Prop 68 SRF loan and grant agreement includes a total project funding amount of $3,839,462.64, of which $550,000 is a grant. The remaining $3,289,462.64 is the loan component, which has an interest rate of 0.55% and is paid over a 30-year term. The revised loan and grant agreement increases SRF funding by $1,007,444.64 to provide 100% funding for the project. The funding agreement covers construction, construction contingency, construction management and design. Additional costs, not covered by the funding agreement, include staff time and consultant costs for CEQA environmental compliance.
The additional debt service for the new loan will be paid for and can be accommodated within the rates charged to recycled water customers.
Background:
A similar previous resolution, Reso No. 7037, was passed and adopted by City Council on April 17th, 2018. However, Reso No. 7037 approved a maximum principal amount of $2,300,000. This new resolution is needed by the SWRCB in order to approve a higher maximum principal amount that reflects the updated budget agreement based on the actual design and construction management contracts, as well as the actual construction contract, the cost of which was not known until after the actual bid opening (January 2024).
The City of Woodland’s Water Pollution Control Facility (WPCF) currently produces Title 22 tertiary treated effluent suitable for various uses including certain industrial processes, landscape irrigation strips, and construction water purposes. Utilizing recycled water to replace potable water for applicable industrial and irrigation systems reduces demand for potable water, results in cost savings for the recycled water user, and meets water quality objectives for those purposes.
The City previously completed construction on the Industrial Park Recycled Water Project, which provides recycled water for industrial and landscape irrigation uses. The initial project included
installing recycled water pumps at the WPCF effluent wetwell and a backbone pipeline to serve portions of the city's industrial area. The pipeline is approximately 4 miles in length and includes connections to industrial customers and landscape irrigation along the alignment.
As a result of droughts, the State of California is advocating for the use of recycled water and the State Water Resources Control Board (SWRCB) has streamlined the permitting process for recycled water systems in addition to providing grants and low-interest financing.
The environmental permitting for the Spring Lake Recycled Water Project is already complete. A Mitigated Negative Declaration (MND) was prepared by Dudek, an environmental consultant, and City of Woodland staff. The MND was presented to City Council during a public hearing and City Council adopted the MND for the project via Resolution No. 7178 on November 6th, 2018.
City Council previously approved the preliminary construction installment sale agreement and grant for the Spring Lake Recycled Water project via Resolution No. 7873 on April 5th, 2022. This new resolution is presented for approval to reflect the final budget amendment and revised loan amount.
Additional funding is needed because the original budget was contemplated in 2017 and substantial inflation has occurred since then, particularly in construction bid prices. Actual bid prices were always intended to be the basis of the final construction installment sale agreement. The West Yost September 2023 construction cost estimate was for $3,773,605, the actual construction agreement with Argonaut Constructors, Inc. of $2,831,717.50 – awarded by City Council via Resolution No. 8210 on February 20th 2024. The bids were below estimates. However, the construction cost is higher than the 2017 estimate.
The project is under construction and is expected to be complete by October 1, 2024.
Discussion:
The Spring Lake Recycled Water Project will improve potable water supply sustainability and drought resilience by reducing demands on the potable water system. The availability of recycled water to the Spring Lake area allows for the best match of water quality with the use of that water and would also be an economic development tool for new businesses. The project would replace approximately 200,000 gallons/day of potable water used for landscape irrigation with recycled water. Over time, the use of recycled water in the Spring Lake and Technology Park area is planned to increase to approximately 400,000 gallons/day. Spring Lake developers have previously constructed significant portions of the Spring Lake recycled water pipeline expansion.
Commencing with the date of Project Completion, Woodland must submit annual reports to the State Water Resources Control Board for five consecutive calendar years or until the project’s actual total annual recycled water deliveries equals the project’s planned total recycled water deliveries.
Conclusion:
Staff recommends that the City Council approve Resolution No.____, establishing official intent relating to qualification for reimbursement of costs for the planning, design, and construction of Spring Lake Recycled Water improvements.
Prepared by: Tim Busch, Principal Utilities Civil Engineer
Reviewed by: Brent Meyer, City Engineer / Community Development Director
Attachments:
1. Reso No.____
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND
ESTABLISHING OFFICIAL INTENT RELATING TO QUALIFICATION FOR
REIMBURSEMENT OF COSTS FOR THE PLANNING, DESIGN, AND
CONSTRUCTION OF SPRING LAKE RECYCLED WATER PROJECT
IMPROVEMENTS
WHEREAS, the City of Woodland (the “City”) desires to finance the cost of constructing the Spring Lake Recycled Water Project (the “Project”); and WHEREAS, the City of Woodland intends to finance the construction of the project with moneys (“Project Funds”) provided by the State of California, acting by and through the State Water Resources Control Board (State Water Board); and
WHEREAS, the State Water Board may fund the Project Funds with proceeds from the sale of obligations the interest upon which is excluded from gross income for federal income tax purposes (the “Obligations”); and
WHEREAS, prior to either the issuance of the Obligations or the approval by the State Water Board of the Project Funds the Agency desires to incur certain capital expenditures (the “Expenditures”) with respect to the Project from available moneys of the City; and WHEREAS, the City has determined that those moneys to be advanced on and after the date hereof to pay the Expenditures are available only for a temporary period and it is necessary to reimburse the City for the Expenditures from the proceeds of the Obligations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WOODLAND THAT:
Section 1. The City hereby states its intention and reasonably expects to reimburse Expenditures paid prior to the issuance of the Obligations or the approval by the State Water Board of the Project Funds.
Section 2. The reasonably expected maximum principal amount of the Project Funds is $3,839,462.64.
Section 3. This resolution is being adopted no later than 60 days after the date on which the City will expend moneys for the construction portion of the Project costs to be reimbursed with Project Funds.
Section 4. Each City expenditure will be of a type properly chargeable to a capital account under general federal income tax principles.
Section 5. To the best of our knowledge, this City is not aware of the previous adoption of official intents by the City that have been made as a matter of course for the purpose of reimbursing expenditures and for which tax-exempt obligations have not been issued.
Section 6. This resolution is adopted as official intent of the City in order to comply with Treasury Regulation §1.150-2 and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of Project costs.
Section 7. All the recitals in this Resolution are true and correct and this Agency so finds, determines and represents.
PASSED AND ADOPTED on July 16, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tania Garcia-Cadena, Mayor
ATTEST:
Ana B. Gonzalez, City Clerk
TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: July 16, 2024
ITEM #: G.21
SUBJECT: Matmor Road and E. Gum Avenue Rehabilitation
Project, CIP 19-05; Final Acceptance and Notice of
Completion
Recommendation for Action: Staff recommends that the City Council adopt Resolution No. ______,
1.) Authorizing a $30,449.33 increase to the construction contract contingency bringing the total contract contingency to $1,221,915.37; 2) Approving Amendment #2 for construction management and inspection in the amount of $35,572.53; 3) Reallocating $1,500,000.00 of Fund 507 (Measure F) from CIP 19-05 to CIP 25-02 2025 Road Maintenance Project; and 4) Accepting the Matmor Road and E. Gum Avenue Improvement Project, CIP 19-05 construction contract as complete and authorizing the City Clerk to file a Notice of Completion.
Staff Contact:
Miguel Chavez, Sr. Construction Project Manager – (530) 661-5952, [email protected]
Fiscal Impact:
The existing approved project budget is sufficient to fund these recommended changes. The Matmor Road and E. Gum Avenue Rehabilitation Project, CIP 19-05, is included in the Capital Budget in the amount of $9,715,443. Funding includes $4,396,000 in Road Maintenance and Rehabilitation Account (RMRA-SB1) funds, $2,753,000 in Measure E funds, $2,366,000 in Measure F funds, $100,000 in Water Enterprise funds, and $100,000 in Sewer Enterprise funds.
The actual cost to complete the project was $8,190,986, representing 84% of the total project budget. Unspent funding is available to be reallocated to the 2025 Road Maintenance Project.
Background:
The project is located on Matmor Road from E. Main Street to Gibson Road, and E. Gum Avenue from East Street to Matmor Road.
The improvements included pavement rehabilitation, restriping narrower travel lanes to slow traffic, adding buffered bike lanes, constructing ADA-compliant curb ramps and sidewalk repairs, installing drainage improvements, and completing traffic signal improvements. The project has transformed the Matmor Road and E. Gum Avenue corridors into complete streets, providing improved bicycle, pedestrian, and vehicle facilities to ensure the corridors meet the needs of all users and all modes of travel.
E. Gum Avenue - East St to Matmor Rd (Typical Section)
Matmor Road - Gibson Rd to E. Main St (Typical Section)
Discussion:
On February 15, 2022, Council approved plans and specifications for the project. On June 7, 2022, the project was awarded to O.C. Jones via resolution No. 7926.
The original construction contract with O.C Jones was approved on June 7th 2022 for the amount of $5,191,118.00. During construction, five change orders were executed, and a final change order is currently proposed in the amount of $368,993.30, which results in a total change order amount of $1,121,915.37. This total amount exceeds the authorized contingency by $30,449.33. Staff is requesting a $30,449.33 (1.6%) increase to the construction contract contingency to cover the final change order and close out the project. The work associated with the change orders was due to additional potholing required to perform utility investigation, unforeseen conditions and costs associated with the extending project timeline associated with the extra work. The total construction costs, including the original contract and all change orders, if approved, is $6,313,033.37.
The original contract with UNICO Engineering was approved on June 7, 2022, for the amount of $762,412.60. During construction, one amendment was executed, and a final amendment is currently proposed in the amount of $35,572.53, resulting in a total amendment amount of $188,055.05. This total exceeds the authorized contingency by $35,572.53 (2.5%). The amendments were necessary to provide continued construction management and inspection throughout the extended project timeline. The total consultant contract and all amendments, if approved, is $950,467.65.
Reallocating $1,500,000.00 in unspent funding to the 2025 Road Maintenance Project will allow more work to be completed with the 2025 project and reallocates the funding to another eligible project.
Construction is now complete, and the construction contract is ready for acceptance. The project cost breakdown is as follows:
Design
$440,000
Construction
$6,313,033
Project/ Construction Management & Inspection
$1,418,468
Misc. Costs
$19,485
Total Project Costs $8,190,986
Project Budget $9,715,443
Remaining Balance $1,524,457
Conclusion:
Staff recommends that the City Council adopt Resolution No. ______, 1.) Authorizing a $30,449.33 increase to the construction contract contingency bringing the total contract contingency to $1,221,915.37; 2) Approving Amendment #2 for construction management and inspection in the amount of $35,572.53; 3) Reallocating $1,500,000.00 of Fund 507 (Measure F) from CIP 19-05 to CIP 25-02 2025 Road Maintenance Project; and 4) Accepting the Matmor Road and E. Gum Avenue Improvement Project, CIP 19-05 construction contract as complete and authorizing the City Clerk to file a Notice of Completion.
Prepared by: Miguel Chavez, Sr. Construction Project Manager
Reviewed by: Brent Meyer, Community Development Director / City Engineer
Attachments:
1. 19-05 Reso Accept Project 240716
82093.00001\8555510.2
RESOLUTION NO. ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND
APPROVING A CONSTRUCTION CONTRACT INCREASE AND CONSULTANT AMENDMENT AND ACCEPT THE MATMOR ROAD AND E. GUM AVENUE
REHABILITATION PROJECT, CIP 19-05 CONTRACT AS COMPLETE AND
AUTHORIZE THE CITY CLERK TO FILE A NOTICE OF COMPLETION WHEREAS, the City Council approved the plans and specifications and authorized staff to bid the Matmor Road and E. Gum Improvement Project, CIP 19-05 on February 15, 2022; and WHEREAS, the City Council on June 7 2022 authorized the City Manager to award and execute a construction contract with O.C. Jones in the amount of $5,191,118 and approved 20% construction contingency ($1,038,223.60); and
WHEREAS, the construction of these improvements began in July 2022 and were completed in June 2024: and
WHEREAS, during construction, five change orders were executed and a final change order is currently proposed in the amount of $368,993.30, which results in a total change order amount of $1,121,915.37. This total amount exceeds the authorized contingency by $30,449.33, and the City wishes to cover final project costs and authorize the change order execution through the adoption of this Resolution.; and
WHEREAS, the original consultant services agreement with UNICO Engineering was approved in the amount of $762,412.60, and amendment #1 was for $152,482.52 and the City Council wishes to approve amendment #2 with UNICO Engineering for $35,572.53 for a total contract amount of $950,467.65 and authorize its execution through the adoption of this Resolution.; and
WHEREAS, the City wishes to reallocate $1,500,000.00 of Fund 507 (Meas. F) from CIP 19-05 to CIP 25-02, 2025 Road Maintenance Project; and
WHEREAS, the City Council wishes to accept the construction contract as complete and authorize the City Clerk to file a notice of completion.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WOODLAND AS FOLLOWS:
Section 1. The City Council hereby authorizes a $30,449.33 increase to the construction contract contingency bringing the total contract contingency to $1,121,915.37 for a total contract amount of $6,313,033.37 with O.C. Jones and authorizes and directs the City Manager to execute the contract increase. The City Attorney is hereby authorized to make clarifying and conforming changes so long as the total dollar amount authorized herein does not change.
82093.00001\8555510.2
Section 2. The City Council hereby approves the consultant services amendment with UNICO Engineering and authorizes and directs the City Manager to execute the amendment in the amount of $35,572.53 for a total contract amount of $950,467.65. The City Attorney is hereby authorized to make clarifying and conforming changes so long as the total dollar amount authorized herein does not change.
Section 3. The City Council hereby authorizes the reallocation of $1,500,000 of Fund 507(Meas. F) from CIP 19-05 to CIP 25-02, 2025 Road Maintenance Project.
Section 4. The City Council hereby accepts the Matmor Road and E. Gum Avenue Improvement Project, CIP 19-05 as complete.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Woodland at a regular meeting held on the 16th day of July 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tania Garcia-Cadena, Mayor
ATTEST:
Ana B. Gonzalez, MMC, City Clerk
TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: July 16, 2024
ITEM #: G.22
SUBJECT: Woodland Joint Unified School District MOU for Waste Reduction Program
Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, authorizing the City Manager to execute an MOU with Woodland Joint Unified School District (WJUSD) to implement a Waste Reduction Program.
Staff Contact:
Rosie Ledesma, Environmental Resources Program Manager, (530) 661-2059, [email protected]
Fiscal Impact:
The City of Woodland was awarded a Beverage Container Recycling Grant by CalRecycle for $210,000 to implement recycling and waste reduction programs in the Woodland schools. The City will leverage additional funding from the SB 1383 Local Assistance Grant to implement organics recycling into the program, providing a max of $240,000 of in-kind goods and service to help WJUSD with SB 1383 compliance and waste reduction program implementation. There is no impact on the City’s general or recycling program funds.
Background:
The City of Woodland worked with WJUSD in 2019 to begin implementing recycling and organics recycling in the Woodland schools. Due to the closure of schools during the pandemic, much of these programs' progress was lost. In 2022, the City of Woodland worked with WJUSD staff to apply for a competitive grant focused on beverage container recycling to assist with re-implementing recycling programs and education back into the schools. This application was successful, and we were awarded $210,000 in 2023. The City also leveraged funding from another grant to include organics recycling into the waste reduction program. Implementation began in school year 2023-24 with plans to continue through the end of school year 2024-25.
Discussion:
With grant funding, the City hired a consultant to develop a waste reduction program that will focus on implementing and furthering the current programs established by WJUSD. Elements of this program include:
• Site surveys and baseline data establishment
• Development of educational videos, fliers, signage, and optional presentations • Project implementation, monitoring, data collection, and reporting • Curriculum development, distribution, and integration
Progress on this program has already begun. This MOU is intended to further define the roles and responsibilities of the City, the consultant, and WJUSD for program implementation and continued maintenance of the materials, equipment, and program beyond the grant term.
Conclusion:
Staff recommends that the City Council adopt Resolution No. _____, authorizing the City Manager to execute an MOU with Woodland Joint Unified School District (WJUSD) to implement a Waste Reduction Program.
Prepared by: Rosie Ledesma, Environmental Resources Program Manager
Attachments:
1. Resolution - WJUSD MOU for Waste Reduction Program
2. Woodland - WJUSD MOU - Waste Reduction Program-Final
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND
AUTHORIZING CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING
WITH THE WOODLAND JOINT UNIFIED SCHOOL DISTRICT (WJUSD) TO IMPLEMENT
A WASTE REDUCTION PROGRAM
WHEREAS, WJUSD is a unified school district comprising of 18 schools ranging from preschool to high school instruction with more than 1,000 teachers and staff members and serves the communities of Woodland, Knights Landing, Yolo, Zamora, and the surrounding areas; and WHEREAS, the City and WJUSD have in prior years cooperatively worked together to support implementation of recycling and organics programs at the WJUSD schools via refuse containers and the Woodland School Waste Reduction Project; and
WHEREAS, the City obtained a $210,000 beverage container grant from CalRecycle, including $119,000 for CRV beverage container related recycling infrastructure, equipment, and signage, and is leveraging other grant funds to provide a max of $240,000 worth of in-kind goods and services to help WJUSD pursue compliance with applicable laws and increase recycling rates at each school site by 25%, as well as provide WJUSD with educational resources to deepen student knowledge and understanding.
The grant expires April 1, 2025 but grant related activities must be completed by March 1, 2025 for reporting purposes; and
WHEREAS, on July 1, 2023 the City of Woodland entered into a contract with Blueblossom Consulting to support WJUSD pursue compliance with applicable recycling and waste reduction laws. This contract is funded exclusively by the above stated grants. Due to the grant requirements, the scope of Blueblossom's services available to WJUSD is contingent on the full expenditure of the $119,000 in beverage container recycling related infrastructure, equipment, and signage; and WHEREAS, to date, Blueblossom has performed research on the WJUSD's waste composition and sources, proposed waste reduction strategies, initiated and supported a pilot cafeteria waste sorting program at three WJUSD elementary schools, generated three educational videos, and developed draft documentation to support waste sorting implementation; and WHEREAS, in January 2023 the City donated bins to Spring Lake Elementary for the proper collection and disposal of organic materials generated by students; and WHEREAS, in February 2023, the City purchased and delivered organic collection bins for the proper collection and disposal of organic materials from WJUSD kitchens; and WHEREAS, the City and WJUSD desire to enter into this Agreement for the purposes of (i) furthering the shared goal of obtaining compliance with California state recycling and organic waste laws, (ii) advancing a collaborative model that builds upon previous partnerships and implementation efforts, and (iii) clarifying any roles and responsibilities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Woodland hereby authorizes the City Manager to execute a memorandum of understanding with WJUSD.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Woodland at a regular meeting held on the 16th day of July 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tania Garcia-Cadena, Mayor
ATTEST:
Ana B. Gonzalez, MMC, City Clerk
MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF WOODLAND
AND WOODLAND JOINT UNIFIED SCHOOL DISTRICT
THIS MEMORANDUM OF AGREEMENT (“Agreement”) is made and entered into as of May ____, 2024 (“Effective Date”) by and between the City of Woodland (“City”), a California municipal corporation, and Woodland Joint Unified School District (“WJUSD”). The City and WJUSD may hereafter be referred to individually as “Party” and collectively as “Parties.”
RECITALS
A. WJUSD is a unified school district comprising of 18 schools ranging from preschool to high school instruction with more than 1,000 teachers and staff members and serves the communities of Woodland, Knights Landing, Yolo, Zamora, and the surrounding areas.
B. The City and WJUSD have in prior years cooperatively worked together to support implementation of recycling and organics programs at the WJUSD schools via refuse containers and the Woodland School Waste Reduction Project.
C. The City obtained a $210,000 beverage container grant from CalRecycle, including $119,000 for CRV beverage container related recycling infrastructure, equipment, and signage, and is leveraging other grant funds to provide a max of $240,000 worth of in-kind goods and services to help WJUSD pursue compliance with applicable laws and increase recycling rates at each school site by 25%, as well as provide WJUSD with educational resources to deepen student knowledge and understanding. The grant expires April 1, 2025 but grant related activities must be completed by March 1, 2025 for reporting purposes.
D. On July 1, 2023 the City of Woodland entered into a contract with Blueblossom Consulting to support WJUSD pursue compliance with applicable recycling and waste reduction laws. This contract is funded exclusively by the above stated grants. Due to the grant requirements, the scope of Blueblossom's services available to WJUSD is contingent on the full expenditure of the $119,000 in beverage container recycling related infrastructure, equipment, and signage.
E. To date, Blueblossom has performed research on the WJUSD's waste composition and sources, proposed waste reduction strategies, initiated and supported a pilot cafeteria waste sorting program at three WJUSD elementary schools, generated three educational videos, and developed draft documentation to support waste sorting implementation.
F. In January 2023 the City donated bins to Spring Lake Elementary for the proper collection and disposal of organic materials generated by students.
G. In February 2023, the City purchased and delivered organic collection bins for the proper collection and disposal of organic materials from WJUSD kitchens.
H. The City and WJUSD desire to enter into this Agreement for the purposes of (i) furthering the shared goal of obtaining compliance with California state recycling and organic
waste laws, (ii) advancing a collaborative model that builds upon previous partnerships and implementation efforts, and (iii) clarifying any roles and responsibilities.
TERMS & CONDITIONS
1. Recitals. The above recitals and all attachments are hereby incorporated into and made a part of this Agreement.
2. City Grant of Beverage Container and Organics Equipment. The City agrees to use one hundred nineteen thousand dollars ($119,000.00) of CalRecycle beverage container grant funds to purchase beverage container related recycling infrastructure, equipment, and signage and five thousand dollars ($5,000) of CalRecycle SB 1383 local assistance grant funds to purchase organics collection related infrastructure, equipment, and signage (“Equipment”) for WJUSD school sites. The City agrees to provide to WJUSD as follows:
a. $100,000 of the $119,000 beverage container grant funds may be used to purchase up to 200 standalone indoor/outdoor recycling bins systems and/or signage and decals, lids, and security attachments, including taxes and delivery fees. Recycling systems may be standalone or permanently attached to a trash receptacle.
b. $19,000 of the $119,000 beverage container grant funds may be used to purchase bin liners, tilt trucks, or other custodial materials and transfer materials that will advance beverage container recycling, including taxes and delivery fees. c. The $5,000 SB 1383 local assistance grant funds may be used to purchase organics collection bin systems, liners, signage and decals, or other custodial materials and transfer materials that will advance organic waste diversion, including taxes and delivery fees.
d. WJUSD may request its desired quantity, style, and size of recycling and organics systems, liners, and equipment; however, final purchases of the Equipment are subject to approval of the City's grant manager to ensure reimbursement. The Equipment shall be delivered to WJUSD once at a single location within the City and no increase in the amount or type of Equipment shall be made under this Agreement for any reason after delivery by the City. All delivered Equipment shall be installed by WJUSD by August of 2024. e. The Equipment provided under this Agreement shall be provided to the WJUSD free of any charges, including any transportation charges. Additional infrastructure, containers, or signage outside of the Equipment provided under this Agreement, needed by the WJUSD for any purpose or reason or of any type are not covered by this Agreement.
f. Upon receipt of the Equipment, WJUSD shall have sole discretion and responsibility for operating, maintaining, and utilizing the provided Equipment for the specific purposes of continued implementation of the Woodland School Waste Reduction Project for WJUSD sites within the City. Further, upon receipt of the
Equipment, the WJUSD shall be the owners of the Equipment and shall accept any and all legal responsibility connected to the operation, ownership, and maintenance of the Equipment.
g. WJUSD understands and agrees to owning, operating, maintaining, and otherwise utilizing, for the sole uses and purposes herein described, the Equipment for a minimum of 5 years from the Effective Date. The WJUSD shall keep all Equipment in good working order for the required 5 years. If any item of the Equipment becomes inoperative due to condition, destruction, theft, or otherwise, the WJUSD shall immediately replace said item at the WJUSD’s sole expense.
3. Use of Equipment. The Equipment shall be used by WJUSD at WJUSD’s school facilities for the direct purpose of continued implementation of WJUSD’s waste reduction programs and for no other purposes.
4. Monitoring of Equipment.
a. Cafeteria Waste Sorting Activities - Blueblossom will continue to collaborate with WJUSD maintenance, operations, and facilities ("M&O") to monitor site programs for the duration of the City's contract and provide recommendations/suggestions for improvement in efficiency and performance. b. Recycling Bins - Blueblossom will monitor beverage container recycling system usage after installation to assess recycling and contamination rates, and make suggestions for improvement to schools or M&O when appropriate.
5. Continuing Education.
a. As of the Effective Date of this Agreement, Blueblossom is currently in the process of finalizing a Cafeteria Waste Sorting Toolkit, comprising of online accessible student training materials and a printable guide. These resources aim to assist site administrators in implementing state-mandated waste sorting activities at their respective sites. The City, via Blueblossom, will share the final draft of these resources with WJUSD by June 30, 2024 for feedback. The materials are scheduled to be finalized by August 1, 2024.
b. As of the Effective Date of this Agreement, Blueblossom is actively seeking input from WJUSD Educational Services to contribute to the development of a K- 12 Curriculum Resource Guide for Teachers. This guide is being funded by the grants mentioned above. Although this curriculum resource is not tailored specifically for WJUSD, it will be provided by the City to teachers as an activity guide that will enhance student learning of the WJUSD's curricula. The objective of this collaboration is to ensure that the resource is maximally useful and relevant.
6. Commitment to Waste Reduction Project. Via the resources provided by the City, in the form of the purchased Equipment, educational resources, and other consulting services, WJUSD commits to cooperate and collaborate with the City and Blueblossom to support the execution of the project’s goals and purposes. Further, WJUSD commits to utilizing any and all
Equipment, advice, counseling, consulting, educational equipment and resources, or otherwise provided by the City or Blueblossom for the purposes of furthering the Waste Reduction Project.
7. Notice. All notices, demands, requests, consents or other communications which this Agreement contemplates or authorizes, or requires or permits either party to give to the other, must be in writing and shall be personally delivered, mailed or emailed to the respective party as follows:
TO CITY:
City of Woodland
ATTN: Rosie Ledesma
300 First Street
Woodland, CA 95695
[email protected]
TO WJUSD:
Woodland Joint Unified School District
ATTN: Facilities Project Manager
910 College Street
Woodland, CA 95695
[email protected]
8. Independent Organization. WJUSD and City are and at all times shall remain independent contractors as to each other, and no joint venture, partnership, agency or other legal relationship which would impose vicarious liability upon one party for the act or omission of the other shall be created or implied as a result of this Agreement. WJUSD acknowledges that WJUSD shall not be covered under the City’s insurance or employee benefit plan. Except as is expressly set forth in this Agreement, each Party will bear full and sole responsibility for its own expenses, liabilities, costs of operation and the like. Neither Party has the power to bind the other Party or to assume or to create any obligation or responsibility, express or implied, on behalf of, or in the name of, the other Party.
9. Indemnification. WJUSD shall defend, indemnify, and hold harmless City, its officers, agents, and employees from any liability for damage or claims for damage for any economic loss or personal injury, including without limitation, claims of any kind, death and/or property damage, which may arise from the intentional or negligent acts or omissions of WJUSD, its officers, agents, employees, contractors, or subcontractors, in any way related to performance of this Agreement or WJUSD’s use of the Equipment.
10. Assignment and Delegation. This Agreement and any portion thereof may not be assigned or transferred without the express written consent of the City. Any attempt to assign or delegate this Agreement without the express written consent of the City is void and of no force or effect, and may result in forfeiture of City Grant Funds. Consent by the City to one assignment may not be deemed to be consent to any subsequent assignment. This Agreement inures to the benefit of and is binding upon the Parties and their respective successors and assigns.
11. Termination. This Agreement may be terminated by City for cause upon ten (10) days’ written notice to WJUSD if WJUSD, prior to delivery of the Equipment, is no longer willing or able to use the Equipment. In such circumstances, WJUSD shall immediately notify the City
in writing of such event. In the event that the Equipment has already been transferred to WJUSD, WJUSD shall return the Equipment to the City within sixty (60) days of City’s written notice of termination. Absent early termination, this Agreement shall automatically terminate on June 30, 2025.
12. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the City and WJUSD. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
13. Interpretation Of The Agreement. The interpretation, validity and enforcement of this Agreement is to be governed by and construed under the laws of the State of California. This Agreement does not limit any other rights or remedies available to the Parties.
14. Amendment. This Agreement may only be amended in a writing signed by the Parties hereto.
15. Signatures. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this Agreement on behalf of the respective legal entities of City and WJUSD.
16. Execution. This Agreement may be executed in counterparts, each of which constitutes one and the same instrument and are binding upon the Parties when one copy hereof has been signed by both Parties.
IN WITNESS WHEREOF the Parties to this Agreement hereby agree to the full performance of the covenants contained in this Agreement and have caused this Agreement to be executed by affixing their signatures below.
CITY OF WOODLAND
(“CITY”)
________________________________
By:
Its: _________________, City of
Woodland
WOODLAND JOINT UNIFIED
SCHOOL DISTRICT (“WJUSD”)
________________________________
By:
Its: _____________, Woodland Joint
Unified School District
TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: July 16, 2024
ITEM #: H.23
SUBJECT: PUBLIC HEARING - Weed Abatement Program
Parcels not in Compliance
Recommendation for Action: Staff recommends that the City Council (1) conduct a public hearing and (2) adopt Resolution No. _____, to hear and approve the list of parcels that were out of compliance for weed abatement requirements for the year 2024 and direct the Tax Collector of Yolo County to assess liens against real property to reimburse the City for the cost of removal of weeds, refuse, and dirt from the property.
Staff Contact:
Matt Flint, 530-661-5855, [email protected]
Fiscal Impact:
A considerable amount of time was incurred by staff in processing these liens, including:
correspondence with property owners, compliance surveys, correspondence with concerned community members, and property abatement. Time spent on weed abatement processing was recorded per staff member, calculated per the hourly rates per the approved fee schedule and divided between the property owners. Administrative fees resulted in a sum of $355.85 per parcel.
The breakdown between the total abatement costs of $10,395.00 and administrative time costs incurred of $355.85 by property is included in the attached "Lien Explanation 2024 Woodland" information sheet. The administrative fees and fees for county recordings are attached to the total amount liened, so the property owner assumes that cost.
Background:
Per the Woodland City Code 9.44, the Fire Chief can declare that weeds constitute a public nuisance which must be abated by the removal of the weeds, refuse, and dirt on undeveloped parcels. If not abated by the compliance date, the Code allows weeds to be abated by the city and the cost of removal assessed upon the land which will constitute a lien upon such land until paid. This year, notice was given to all owners of undeveloped parcels in the City per the guidance set forth in the code. Upon surpassing the compliance date indicated in the letter of June 3, 2024, twenty-six (26) parcels remained out of compliance and the City contracted a company to abate these properties.
The amount assessed includes the invoiced amount per parcel plus hourly administrative fees per the approved fee schedule.
Discussion:
This action requests that the City Council adopt a Resolution to lien local properties of the cost of abating properties of undeveloped parcels for failure to come into compliance with the weed abatement requirements set forth by the Woodland City Code, Chapter 9.44. Staff recommends that the City Council conduct a Public Hearing to hear and approve the list of parcels that the City abated of weeds, rubbish, and dirt during 2024 and direct the Tax Collector of Yolo County to assess liens against real property to collect payments.
Conclusion:
Staff recommends that the City Council (1) conduct a public hearing and (2) adopt Resolution No. _____, to hear and approve the list of parcels that were out of compliance for weed abatement
requirements for the year 2024 and direct the Tax Collector of Yolo County to assess liens against real property to reimburse the City for the cost of removal of weeds, refuse, and dirt from the property.
Prepared By: Trista Kennedy, Community Risk Reduction Specialist
Reviewed By: Matt Flint, Fire Marshal
Attachments:
1. Lien Explanation 2024
2. 2024 Woodland Assessment Resolution
City of Woodland
Weed Abatement Lien Information
Parcel
Address
Owner info
Owner Address
Landscape
Company
Invoice #
Invoice
Amount
CRR Time (Hourly Rate * Hours
Spent)
Total
Total for Lien, per County
Requirements
042-532-001-000
1627 Brubaker Street
PELA OMAR U ETAL
1031 AZUSA ST, Sacramento, CA, 95833
Armstrong Mowing
S7499
$270.00
$355.85
$625.85
$626.00
042-373-001-000
2009 Liberty Drive
DHALIWAL RAMANDEEP SINGH
2230 Cannery Loop, Davis, CA 95618
Armstrong Mowing
S7499
$270.00
$355.85
$625.85
$626.00
042-372-005-000
2709 Liberty Drive
JAGPAL JASPREET
686 SHANGHAI BEND RD, Yuba City, CA 95991
Armstrong Mowing
S7499
$270.00
$355.85
$625.85
$626.00
042-373-015-000
2700 Liberty Drive
DHALIWAL RAMANDEEP SINGH
2230 Cannery Loop, Davis, CA 95618
Armstrong Mowing
S7499
$270.00
$355.85
$625.85
$626.00
042-391-003-000
2659 Somerset Circle
MADESH STEPHANIE ANN
1513 GRIFFITH DR., Woodland, CA 95776
Armstrong Mowing
S7499
$270.00
$355.85
$625.85
$626.00
042-391-005-000
2231 Somerset Circle
MARTINEZ JULIAN & LIDIA
28 JOYCE CT., Woodland, CA 95776
Armstrong Mowing
S7499
$270.00
$355.85
$625.85
$626.00
042-353-004-000
2612 Centennial Drive
SRAN SIMRANJIT SINGH & SHEETAL
2366 DELGADO PL, Woodland, CA 95776
Armstrong Mowing
S7499
$270.00
$355.85
$625.85
$626.00
042-352-003-000
2606 Celebration Way
BROWARD 2016 REV TRUST
1400 E KENTUCKY AVE., Woodland, CA 95776
Armstrong Mowing
S7499
$270.00
$355.85
$625.85
$626.00
042-352-004-000
2610 Celebration Way
NELSON TROY & ANNE
2340 MARIPOSA DR, Dixon, CA 95620
Armstrong Mowing
S7499
$270.00
$355.85
$625.85
$626.00
042-532-011-000
2236 Farmers Central Road
PELA OMAR U ETAL
1031 AZUSA ST, Sacramento, CA, 95833
Armstrong Mowing
S7499
$270.00
$355.85
$625.85
$626.00
042-532-010-000
2208 Farmers Central Road
PELA OMAR U ETAL
1031 AZUSA ST, Sacramento, CA, 95833
Armstrong Mowing
S7499
$270.00
$355.85
$625.85
$626.00
027-390-032-000
18517 American Drive
WOODLAND DEVELOPMENT CO II LLC
825 K ST STE 300, Sacramento, CA 95814
Armstrong Mowing
S7503
$540.00
$355.85
$895.85
$896.00
042-580-085-000
No Address
WOODLAND PARCEL FOUR LP
940 EMMETT AVE STE 200, Belmont, CA 94002
Armstrong Mowing
S7503
$675.00
$355.85
$1,030.85
$1,031.00
042-580-087-000
No Address
WOODLAND PARCEL FOUR LP
940 EMMETT AVE STE 200, Belmont, CA 94002
Armstrong Mowing
S7503
$1,620.00
$355.85
$1,975.85
$1,976.00
064-170-050-000
No Address
Browns Corner LLC
19984 CR 99, Woodland, CA 95695
Armstrong Mowing
S7503
$540.00
$355.85
$895.85
$896.00
065-290-007-000
530 Community Lane
UNITED REI LLC
PO Box 1033, Clovis, CA 93613
Armstrong Mowing
S7503
$270.00
$355.85
$625.85
$626.00
042-580-094-000
No Address
PIONEER-WOODLAND LLC
540 Fulton Ave., Sacramento, CA 95825
Armstrong Mowing
S7503
$540.00
$355.85
$895.85
$896.00
027-430-003-000
No Address
WOODLAND 2B LLC
PO Box 37, Rancho Cordova, CA 95741
Armstrong Mowing
S7509
$1,080.00
$355.85
$1,435.85
$1,436.00
005-720-025-000
22 Kentucky Ave.
VAN DOAN TRUNG
44 Harter Ave., Woodland, CA 95776
Armstrong Mowing
S7509
$270.00
$355.85
$625.85
$626.00
005-705-007-000
334 Freeman St.
Friends of the Mission
PO Box 8485, Woodland, CA 95776
Armstrong Mowing
S7509
$270.00
$355.85
$625.85
$626.00
005-031-010-000
No Address
SAH KENTUCKY AVENUE LLC
1731 RESEARCH PARK DR #101, Davis, CA 95618
Armstrong Mowing
S7509
$270.00
$355.85
$625.85
$626.00
005-031-042-000
1103 Woodland Ave.
MCNAMARA JOHN
PO Box 72971, Davis, CA 95617
Armstrong Mowing
S7509
$270.00
$355.85
$625.85
$626.00
005-031-043-000
1099 Woodland Ave.
MCNAMARA JOHN
PO Box 72971, Davis, CA 95617
Armstrong Mowing
S7509
$270.00
$355.85
$625.85
$626.00
005-031-044-000
1095 Woodland Ave.
MCNAMARA JOHN
PO Box 72971, Davis, CA 95617
Armstrong Mowing
S7509
$270.00
$355.85
$625.85
$626.00
005-031-045-000
1091 Woodland Ave.
MCNAMARA JOHN
PO Box 72971, Davis, CA 95617
Armstrong Mowing
S7509
$270.00
$355.85
$625.85
$626.00
063-072-001-000
301 C Street
Pate Trust
PO Box 1445, Woodland, CA 95776
Armstrong Mowing
S7509
$270.00
$355.85
$625.85
$626.00
Total
26 $10,395.00
$9,252.10
$19,647.10
$19,651.00
Recording requested by City of
Woodland
And when recorded send to; City
Clerk
City of Woodland 300 First
Street
Woodland, CA 9569
RESOLUTION NO.
A Resolution Requesting Collection of Charges on Tax Roll WHEREAS, the City of Woodland (hereinafter City), requests the County of Yolo collect on the County tax rolls certain charges which have been imposed for a list of parcels within the City that were out of compliance for weed abatement requirements for the year 2024; and WHEREAS, due to noncompliance, the city abated the parcels of weeds and is seeking reimbursement for the cost of abatement and administrative processing fees; and WHEREAS, the county has required as a condition of the collection of said charges that the City warrant the legality of said charges and defend and indemnify the County from any challenge to the legality thereof;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Woodland that:
1. The Auditor-Controller of Yolo County is requested to attach for collection on the County tax rolls those taxes, assessments, fees and/or charges, attached hereto.
2. The City of Woodland warrants and represents that the taxes, assessments, fees and/or charges imposed by the City of Woodland and being requested to be collected by Yolo County comply with all requirements of the Woodland Municipal Code, and Stat law, including but not limited to Articles XIIC and XIIID of the California Constitution (Proposition 218).
3. The City of Woodland releases and discharges the County, and its officers, agents and employees from any and all claims, demands, liabilities, costs and expenses, damages, causes of action, and judgments, in any manner arising out of the collection by the County of any taxes, assessments, fees and/or charges on behalf of the City.
4. The City agrees to and shall defend, indemnify and hold harmless the County, it’s officers, agents and employees (the “Indemnified Parties”) from any and all claims, demands, liabilities, costs and expenses, damages, causes of action, and judgements, in any manner arising out of the collection by County of any of the City’s said taxes, assessments, fees, and/or charges requested to be collected by the County for the City, or in any manner arising out of the City’s establishment and imposition of said taxes, assessments, fees and/or charges. City agrees that, in the event a judgement is entered in a court of law against any of the
Indemnified Parties as a result of the collection of one of the city’s taxes, assessments, fees and/or charges, the County may offset the amount of the judgement from any monies collected by County on behalf of the City, including property taxes.
5. The City agrees that it’s officers, agents and employees will cooperate with the county in answering questions referred to City by the County from any person concerning the City’s taxes, assessments, fees and/or charges and that the City will not refer such persons to County officers and employees for response.
6. The City agrees to pay such reasonable and ordinary charges as the County may prescribe to recoup its costs in placing on the tax rolls and collection taxes, assessments, fees and/or charges, as provided by Government Code Sections 29304 and 51800.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Woodland at a regular meeting held on the 16th day of July 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tania Garcia-Cadena, Mayor
ATTEST:
Ana B. Gonzalez, MMC, City Clerk
TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: July 16, 2024
ITEM #: H.24
SUBJECT: PUBLIC HEARING: Gateway Lighting & Landscaping District
Recommendation for Action: Staff recommends that the City Council (1) conduct a public hearing and (2) adopt Resolution No. _____, approving the fiscal year 2024/2025 annual levy report and Resolution No. _____, ordering the levy and collection of the assessment within the Gateway Lighting and Landscaping District.
Staff Contact:
Kim McKinney, Administrative Services Director, (530) 661-5849, [email protected]
Fiscal Impact:
The proposed assessment would generate $203,970 in revenue to offset the costs of District maintenance, which is a decrease of $160.94 per commercial acre in FY2024/25. The proposed levy for FY2024/25 is approximately 91% of the maximum allowable assessment.
The following table shows a comparison of the maximum assessment, the FY2023/24 actual assessment and the proposed FY2024/25 assessment:
Background:
The Landscaping and Lighting Act of 1972 (“the Act”) authorizes cities to impose assessments on benefitted properties to finance construction of street landscaping, street lighting, traffic signals, parks, street trees, sidewalk repair, recreational improvements; as well as maintenance and servicing of these improvements. In accordance with the Act, the City formed the Gateway Lighting and Landscaping (L&L) District.
The Gateway L&L is located in the easterly portion of the City, generally bounded to the north by Interstate 5, to the west by County Road 102, to the south by Bronze Star Drive and generally to the east by the City boundaries.
On July 2, 2024, Council approved resolutions to preliminarily approve the Engineer’s Report, to initiate proceedings for the annual levy, and the City Council also approved a resolution setting the public hearing date for July 16, 2024. The Engineer’s Report was attached to the July 2 staff report and is available on the City's website.
Discussion:
Each year, the City prepares an Annual Report for each District, along with the District estimates for an operating budget, to calculate the assessment annually levied for each parcel. This budget determines what maintenance operations are performed for the fiscal year and directs the County Assessor on what to levy each parcel. The complete reports are available for review on the City's
website.
State regulations require a two-part process to complete the annual levy. The first part of the process requires City Council to take action to initiate proceedings for the levy, preliminarily approve the Engineer’s Reports and call for a public hearing; this occurred at the July 2, 2024 Council meeting. A public hearing is required to complete the levy process.
Following the public hearing, Council may direct changes to the Engineer’s Report or to the levy, but may not increase the levy beyond the maximum approved amount.
Conclusion:
Staff recommends that the City Council (1) conduct a public hearing and (2) adopt Resolution No. _____, approving the fiscal year 2024/2025 annual levy report and Resolution No. _____, ordering the levy and collection of the assessment within the Gateway Lighting and Landscaping District.
Prepared by: Kim McKinney, Administrative Services Director
Attachments:
1. Reso - Gateway-L&L_Resolution Approval_ER_FY2024-2025
2. Reso - Gateway-L&L_Resolution Ordering the Levy FY2024-2025
RESOLUTION NO. _____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND, CALIFORNIA, AMENDING AND/OR APPROVING THE FISCAL YEAR 2024/2025 ENGINEER’S REPORT REGARDING THE GATEWAY LANDSCAPING AND
LIGHTING DISTRICT
WHEREAS, the City Council, pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (the “Act”), did by previous Resolution order the Assessment Engineer, Koppel & Gruber Public Finance, to prepare and file the 2024/2025 Engineer’s Report for the “Gateway Landscaping and Lighting District” (the “District”); and, WHEREAS, the Assessment Engineer has prepared and filed with the City Clerk of the City of Woodland, California and the City Clerk has presented to the City Council such report entitled “City of Woodland Gateway Landscaping and Lighting District Fiscal Year 2024/2025 Engineer’s Report” (the “Report”) as required by the Act; and, WHEREAS, the City Council has carefully examined and reviewed the Report as presented, considered all oral and written comments presented with respect to the District and Report at a noticed Public Hearing and has discussed any necessary or desired modifications to the Report, and is satisfied that the levy for each parcel has been calculated in accordance with the special benefits received from the operation, maintenance and services performed, as set forth in the Report.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE
CITY COUNCIL OF THE CITY OF WOODLAND, THE LEGISLATIVE BODY FOR SAID DISTRICT, AS FOLLOWS:
Section 1The preceding recitals are true and correct.
Section 2The Report as presented or as modified, contains the following:
a.A Description of Improvements.
b.A Diagram of the District.
c.The Method of Apportionment that details the method of calculating each parcel’s proportional special benefits and annual assessment. d.The 2024/2025 Assessment based upon Method of Apportionment as approved by the property owners pursuant to the provision of the California Constitution Article XIIID Section 4.
e.An “Assessment Range Formula” for calculating annual inflationary adjustments to the initial “Maximum Assessment” (Adjusted Maximum Levy per benefit unit), also approved by the property owners. f.The 2024/2025 Annual Budget (Costs and Expenses) and the resulting 2024/2025 assessment (Levy per benefit unit) for Fiscal Year 2024/2025.
g.The Assessment Roll containing the Levy for each Assessor Parcel Number within the District for Fiscal Year 2024/2025.
Section 3 The City Clerk is hereby directed to enter on the minutes of the City Council any and all modifications to the Report determined and approved by the City Council, and all such changes and/or modifications by reference are to be incorporated into the Report.
Section 4The City Council is satisfied with the Report as presented or modified, each and all of the budget items and documents as set forth therein, and is satisfied that the Fiscal Year 2024/2025 annual assessments contained therein are consistent with the assessments approved by the property owners and spread in accordance with the special benefits received from the improvements pursuant to the provisions of the California Constitution Article XIIID.
Section 5The Report is hereby approved as submitted or modified and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.
Section 6The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation and approval of the Report as submitted or modified.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Woodland at a regular meeting held on the 16th day of July 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tania Garcia-Cadena, Mayor
ATTEST:
Ana B. Gonzalez, MMC, City Clerk
RESOLUTION NO. _____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND,
CALIFORNIA ORDERING THE LEVY AND COLLECTION OF ANNUAL
ASSESSMENTS REGARDING THE GATEWAY LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2024/2025
WHEREAS, the City Council, has by previous Resolutions initiated proceedings to form, and declared its intention to levy and collect annual assessments against parcels of land within the “Gateway Landscaping and Lighting District” (the “District”) for the fiscal year commencing July 1, 2024 and ending June, 30 2025 pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (the “Act”) to pay the costs and expenses of operating, maintaining and servicing the improvements and appurtenant facilities related thereto; and,
WHEREAS, Koppel & Gruber Public Finance, the Assessment Engineer selected by the City Council has prepared and filed with the City Clerk and the City Clerk has presented to the City Council the Engineer’s Report entitled “City of Woodland Gateway Landscaping and Lighting District Fiscal Year 2024/2025 Engineer’s Report” (the “Report”), in connection with the proposed levy and collection of special benefit assessments upon eligible parcels of land within the District, and the City Council did by previous Resolution approve such Report; and, WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the Fiscal Year commencing July 1, 2024 and ending June 30, 2025, to pay the costs and expenses of operating, maintaining and servicing the improvements and appurtenant facilities related thereto; and,
WHEREAS, the City Council following notice duly given, has held a full and fair Public Hearing on July 2, 2024, regarding the levy and collection of assessments as described in the Report prepared in connection therewith, and considered all oral and written statements, protests and communications made or filed by interested persons regarding these matters, pursuant to the Act and in accordance with the provisions of the California Constitution Article XIIID.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE
CITY COUNCIL OF THE CITY OF WOODLAND, THE LEGISLATIVE BODY FOR SAID DISTRICT, AS FOLLOWS:
Section 1The preceding recitals are true and correct.
Section 2Following notice duly given, the City Council has held a full and fair public hearing regarding the levy and collection of the assessments, the Report prepared in connection therewith, and considered all oral and written statements, protests and communications made or filed by interested persons regarding these matters.
Section 3The City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2024 and ending June 30, 2025, to pay the costs and expenses of operating, maintaining and servicing the landscaping, lighting, storm drainage and appurtenant facilities located within public places in the District.
Section 4The City Council has carefully reviewed and examined the Report in connection with the District, and the levy and collection of assessments. Based upon its review the Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, hereby finds that the City Council determines that:
a.The territory of land within District will receive special benefits from the operation, maintenance and servicing of the landscaping, lighting, drainage and appurtenant facilities and improvements related thereto. b.The District includes all of the lands so benefited; and c.The amount to be assessed upon the lands within the District, in accordance with the proposed budget for the fiscal year commencing July 1, 2024 and ending June 30, 2025 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefits, to be received by each parcel from the improvements and services, and is satisfied that the assessments are levied, without regard to property valuation.
Section 5The Report and Fiscal Year 2024/2025 assessments, as presented to the City Council and on file in the office of the City Clerk, are hereby confirmed as filed.
Section 6The City Council hereby orders the proposed improvements to be made; the improvements are briefly described as the operation, administration, maintenance and servicing of all public landscaping and lighting improvements, storm drainage and appurtenant facilities and expenses associated with the District, and that will be maintained by the City of Woodland or their designee and all such maintenance, operation and servicing of the landscaping and lighting, drainage and all appurtenant facilities shall be performed pursuant to the Act. A more complete description of the improvements is detailed in the Report and by reference this document is made part of this resolution.
Section 7The Yolo County Auditor shall place on the County Tax Roll, opposite each parcel of land, the amount of levy so apportioned by the method of apportionment formula, outlined in the Engineer’s Report, and such levies shall be collected at the same time and in the same manner as county taxes are collected pursuant to Chapter 4, Article 2, Section 22646 of the Act. After collection by the County, the net amount of the assessments, after deduction of any compensation due the county for collection, shall be paid to the City Treasurer.
Section 8The Finance Officer, shall deposit all money from the assessments collected by the County for the District into a fund for the Gateway Landscaping and Lighting District, and such money shall be expended to pay the costs and expenses of operating, maintaining and servicing the improvements and appurtenant facilities related thereto described above.
Section 9The adoption of this Resolution constitutes the Authorization of the District levy for the Fiscal Year commencing July 1, 2024 and ending June 30, 2025.
Section 10The City Clerk’s designee, Koppel & Gruber Public Finance, is hereby authorized and directed to file the levy with the Yolo County Auditor subsequent to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Woodland at a regular meeting held on the 16th day of July 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tania Garcia-Cadena, Mayor
ATTEST:
Ana B. Gonzalez, MMC, City Clerk
TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: July 16, 2024
ITEM #: H.25
SUBJECT: PUBLIC HEARING: Gibson Ranch Lighting &
Landscaping District
Recommendation for Action: Staff recommends that the City Council (1) conduct a public hearing and (2) adopt Resolution No. _____, approving the fiscal year 2024/2025 annual levy report and order the levy and collection of the assessment within the Gibson Ranch Lighting and Landscaping District.
Staff Contact:
Kim McKinney, Administrative Services Director, (530) 661-5849, [email protected]
Fiscal Impact:
The FY2024/25 Engineer’s Report includes an inflation factor of 1.81%, which increases the assessment of a single family home from $364.48 in FY2023/24 to $371.08 in FY2024/25; an increase of $6.60. If approved, the proposed assessment for the Gibson Ranch Lighting and Landscaping District (the District) would generate $826,729 in revenue. The FY24/25 operating budget for the District is $989,230, which is less than the assessment revenues by $230,000. For FY24/25 there are sufficient reserves to make up the difference, but the reserve balance will be depleted and in future years, the District will require funding assistance from the General Fund, or the level of services provided may need to be reduced.
Background:
The Landscaping and Lighting Act of 1972 (“the Act”) authorizes cities to impose assessments on benefitted properties to finance construction of street landscaping, street lighting, traffic signals, parks, street trees, sidewalk repair, recreational improvements; as well as maintenance and servicing of these improvements. In accordance with the Act, the City formed the Gibson Ranch Lighting and Landscaping (L&L) District.
The Gibson Ranch L&L is located in the southeast portion of the City, generally south of Interstate 5, west of County Road 102 and east of County Road 101. The District was formed in 1995 and reached the maximum allowable assessment of $235.12 per single family home in 2005. The formation documents for the District allow for annual adjustments tied to the CPI without a property owner ballot proceeding.
On July 2, 2024, the Council approved resolutions to preliminarily approve the Engineer’s Report and to initiate proceedings for the annual levy and set the public hearing date for July 16, 2024. The Engineer’s Report was attached to the July 2, 2024 staff report and is available on the City's website.
Discussion:
Each year, the City prepares an Annual Report for each District, along with the District estimates for an operating budget, to calculate the assessment annually levied for each parcel. This budget determines what maintenance operations are performed for the fiscal year and directs the County Assessor on what to levy each parcel. The complete reports are available for review on the City's website.
State regulations require a two-part process to complete the annual levy. The first part of the process requires Council to take action to initiate proceedings for the levy, preliminarily approve the Engineer’s Reports and call for a public hearing; this occurred at the July 2, 2024 City Council meeting. A public hearing is required to complete the levy process. Following the public hearing, Council may direct changes to the Engineer’s Report or to the levy, but may not increase the levy beyond the maximum approved amount.
Conclusion:
Staff recommends that the City Council (1) conduct a public hearing and (2) adopt Resolution No. _____, approving the fiscal year 2024/2025 annual levy report and order the levy and collection of the assessment within the Gibson Ranch Lighting and Landscaping District.
Prepared by: Kim McKinney, Administrative Services Director
Attachments:
1. Resolution - Gibson Ranch L&L Public Hearing FY25
RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND, CALIFORNIA, AMENDING AND/OR APPROVING THE ENGINEER’S ANNUAL LEVY
REPORT AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS
WITHIN THE GIBSON RANCH LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2024/2025
The City Council of the City of Woodland, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, The City Council has, by previous Resolutions, ordered the preparation of the Engineer’s Annual Levy Report (hereafter referred to as the “Report”) for said district known and designated as: Gibson Ranch Landscaping and Lighting District (hereafter referred to as the “District”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”); and,
WHEREAS, there has now been presented to this City Council the final Report as required by Chapter 3, Section 22623 of said Act, and as previously directed by Resolution; and, WHEREAS, the City Council has carefully examined and reviewed the Report as presented, and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the levy has been spread in accordance with the benefits received from the improvements, operation, maintenance and services to be performed, as set forth in said Report; and, WHEREAS, the City of Woodland and its legal counsel have reviewed Proposition 218 and found that these assessments comply with applicable provisions of Section XIII D of the California State Constitution; and,
WHEREAS, upon reasonable written notice by Yolo County of any claim or challenge, the City agrees to defend with counsel of its choice, indemnify and hold harmless Yolo County, its Board of Supervisors, officers, officials, agents and employees (collectively “the County”), against the payment of any liabilities, losses, costs and expenses, including attorney fees and court costs, not due to the County’s own active negligence or willful misconduct, which the County may incur in the exercise and performance of its powers and duties in placing these assessments onto the County roll and tax bills for the City; and
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:
Section 1: Following notice duly given, the City Council has held a full and fair public hearing regarding the District, the levy and collection of assessments, the Report prepared in connection therewith, and considered all oral and written statements, protests and communications made or filed by interested persons regarding these matters.
Section 2: Based upon its review (and amendments, as applicable) of the Report, a copy of which has been presented to the City Council, is hereby approved (as amended), and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection, the City Council hereby finds and determines that:
a. The land within the District will be benefited by the operation, maintenance and servicing of improvements, located within the boundaries of the District, and
b. District includes all of the lands so benefited, and c. The net amount to be assessed upon the lands within the District in accordance with the fee for the Fiscal Year commencing July 1, 2024, and ending June 30, 2025, is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the estimated special benefits to be received by each parcel from the improvements and services.
Section 3: The maintenance, operation and servicing of the improvements and appurtenant facilities shall be performed pursuant to the Act. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as follows: the maintenance and operation of and the furnishing of services and materials for the landscaping improvements, arterial and collector street lighting and landscaping, neighborhood street lighting and trees, parks and recreation facilities, soundwalls, irrigation and drainage systems, and all associated appurtenances.
Section 4: The County Auditor of the County of Yolo shall enter on the County Assessment Roll opposite each eligible parcel of land the amount of levy so apportioned by the formula and method outlined in the Report, and such levies shall be collected at the same time and in the same manner as the County taxes are collected, pursuant to Chapter 4, Article 2, Section 22646 of the Act. After collection by the County, the net amount of the levy shall be paid to the City Treasurer.
Section 5: The City Treasurer shall deposit all money representing assessments collected by the County for the District to the credit of a fund for the City of Woodland Gibson Ranch Landscaping
and Lighting District and such money shall be expended only for the maintenance, operation and servicing of the improvements as described in Section 3.
Section 6: The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 2024, and ending June 30, 2025.
Section 7: The City Clerk, or their designate, is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution, pursuant to Chapter 4, Article 1, Section 22641 of the Act.
Section 8: That the above recitals are all true and correct. That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of and final approval of the Report.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Woodland at a regular meeting held on the 16th day of July 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tania Garcia-Cadena, Mayor
ATTEST:
Ana B. Gonzalez, MMC, City Clerk
TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: July 16, 2024
ITEM #: H.26
SUBJECT: PUBLIC HEARING: North Park Lighting and
Landscaping District
Recommendation for Action: Staff recommends that the City Council (1) conduct a public hearing and (2) adopt Resolution No. _____, approving the fiscal year 2024/2025 annual levy report and order the levy and collection of the assessment within the North Park Lighting and Landscaping District.
Staff Contact:
Kim McKinney, Administrative Services Director, (530) 661-5849, [email protected]
Fiscal Impact:
The FY2024/25 Engineer's Report calculates the assessment of a single family home to be $215.40, which is unchanged from FY2023/24. The proposed assessment would generate $26,710 in revenue. In order to continue operations in this District, the General Fund will need to contribute $39,192 or the City will need to adjust the level of services and maintenance in FY2024/25 to decrease operating costs to fit within the assessment amounts.
Background:
The Landscaping and Lighting Act of 1972 ("the Act") authorizes cities to impose assessments on benefitted properties to finance construction of street landscaping, street lighting, traffic signals, parks, street trees, sidewalk repair, recreational improvements; as well as maintenance and servicing of these improvements. In accordance with the Act, the City formed the North Park Lighting and Landscaping (L&L) District.
The North Park L&L District is located in the northwest portion of the City, generally north of Kentucky Avenue, west of North West Street and east of County Road 98. The District was formed in 1993 and reached the maximum allowable assessment of $215.40 per single family home in 1997. There are no provisions for future inflationary adjustments, and any rate increases would require a property owner ballot proceeding.
On July 2, 2024, Council approved resolutions to preliminarily approve the Engineer's Report, to initiate proceedings for the annual levy, and the City Council also approved a resolution setting the public hearing date for July 16, 2024. The Engineer’s Report was attached to the July 2, 2024, staff report and is available on the City's website.
Discussion:
Each year, the City prepares an Annual Report for each District, along with the District's estimates for an operating budget, to calculate the assessment annually levied for each parcel. This budget determines what maintenance operations are performed for the fiscal year and directs the County Assessor on what to levy each parcel. The complete reports are available for review on the City's website.
State regulations require a two-part process to complete the annual levy. The first part of the process requires Council to take action to initiate proceedings for the levy, preliminarily approve the
Engineer's Reports and call for a public hearing; this occurred at the July 2, 2024 City Council meeting. A public hearing is required to complete the levy process. Following the public hearing, Council may direct changes to the Engineer's Report or to the levy, but may not increase the levy beyond the maximum approved amount.
Conclusion:
Staff recommends that the City Council (1) conduct a public hearing and (2) adopt Resolution No. _____, approving the fiscal year 2024/2025 annual levy report and order the levy and collection of the assessment within the North Park Lighting and Landscaping District.
Prepared by: Kim McKinney, Administrative Services Director
Attachments:
1. Resolution - North Park L&L Public Hearing FY25
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND, CALIFORNIA, AMENDING AND/OR APPROVING THE ENGINEER’S ANNUAL
LEVY REPORT AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS
WITHIN THE NORTH PARK LIGHTING AND LANDSCAPING DISTRICT, FISCAL YEAR 2024/2025
The City Council of the City of Woodland, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, The City Council has, by previous Resolutions, ordered the preparation of the Engineer’s Annual Levy Report (hereafter referred to as the “Report”) for said district known and designated as: North Park Lighting and Landscaping District (hereafter referred to as the “District”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”); and,
WHEREAS, there has been presented to this City Council the final Report as required by Chapter 3, Section 22623 of said Act, and as previously directed by Resolution; and, WHEREAS, the City Council has carefully examined and reviewed the Report as presented, and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the levy has been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed, as set forth in said Report; and,
WHEREAS, the City of Woodland and its legal counsel have reviewed Proposition 218 and found that these assessments comply with applicable provisions of Section XIII D of the California State Constitution; and,
WHEREAS, upon reasonable written notice by Yolo County of any claim or challenge, the City of Woodland agrees to defend with counsel of its choice, indemnify and hold harmless Yolo County, its Board of Supervisors, officers, officials, agents and employees (collectively “the County”), against the payment of any liabilities, losses, costs and expenses, including attorney fees and court costs, not due to the County’s own active negligence or willful misconduct, which the County may incur in the exercise and performance of its powers and duties in placing these assessments onto the County roll and tax bills for the City of Woodland; and,
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:
Section 1: Following notice duly given, the City Council has held a full and fair public hearing regarding the District, the levy and collection of assessments, the Report prepared in connection therewith, and considered all oral and written statements, protests and communications made or filed by interested persons regarding these matters.
Section 2: Based upon its review (and amendments, as applicable) of the Report, a copy of which has been presented to the City Council, is hereby approved (as amended), and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection, the City Council hereby finds and determines that:
a. The land within the District will be benefited by the operation, maintenance and servicing of improvements, located within the boundaries of the District. b. District includes all of the lands so benefited; and c. The net amount to be assessed upon the lands within the District in accordance with the fee for the Fiscal Year commencing July 1, 2024, and ending June 30, 2025, is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the estimated special benefits to be received by each parcel from the improvements and services.
Section 3: The maintenance, operation and servicing of the improvements and appurtenant facilities shall be performed pursuant to the Act. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as follows: the maintenance and operation of and the furnishing of services and materials for the landscaping improvements, street lighting and park lights, park area and park equipment, park perimeter fencing, noise walls, irrigation and drainage systems, and all associated appurtenances.
Section 4: The County Auditor of the County of Yolo shall enter on the County Assessment Roll opposite each eligible parcel of land the amount of levy so apportioned by the formula and method outlined in the Report, and such levies shall be collected at the same time and in the same manner as the County taxes are collected, pursuant to Chapter 4, Article 2, Section 22646 of the Act. After collection by the County, the net amount of the levy shall be paid to the City Treasurer.
Section 5: The City Treasurer shall deposit all money representing assessments collected by the County for the District to the credit of a fund for the City of Woodland North Park Lighting and
Landscaping District and such money shall be expended only for the maintenance, operation and servicing of the improvements as described in Section 3.
Section 6: The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 2024, and ending June 30, 2025.
Section 7: The City Clerk, or their designate, is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution, pursuant to Chapter 4, Article 1, Section 22641 of the Act.
Section 8 That the above recitals are all true and correct. That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of and final approval of the Report.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Woodland at a regular meeting held on the 16th day of July 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tania Garcia-Cadena, Mayor
ATTEST:
Ana B. Gonzalez, MMC, City Clerk
TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: July 16, 2024
ITEM #: H.27
SUBJECT: PUBLIC HEARING: Spring Lake Lighting &
Landscaping District
Recommendation for Action: Staff recommends that the City Council (1) conduct a public hearing and (2) adopt Resolution No. _____, approving the fiscal year 2024/25 annual levy report and Resolution No. _____, ordering the levy and collection of the assessment within the Spring Lake Lighting and Landscaping District.
Staff Contact:
Kim McKinney, Administrative Services Director, (530) 661-5849, [email protected]
Fiscal Impact:
The proposed FY2024/25 assessment will generate $3,210,761 in revenue to offset the costs of District maintenance. This represents an increase that ranges from 14% to 20%, dependent upon the zoning of the property. This increase is due primarily to costs associated with maintenance of the three new/expanded neighborhood parks and other landscaping throughout Spring Lake. The proposed assessment includes the use of $350,000 in fund balance/reserves to help limit the impact of the increased maintenance costs on the properties within the District. The proposed assessment is approximately 75% of the maximum allowable assessment for the District.
The following table shows a comparison, by zoning type, of the maximum assessment, the FY2023/24 actual assessment and the proposed FY2024/25 assessment:
When the Spring Lake Lighting and Landscaping (L&L) District was formed, the methodology and model that was created considered the types of improvements to be maintained, the number of properties to be developed and the zoning for each residential type. Initially, specific plan information was utilized during the formation stage. Each year the number of actual subdivided units is updated along with the maintenance budget to determine the new rates. Over time, the actual number of units that have been developed has varied from the estimated specific plan units. For the zoning categories where additional units have been created above those originally estimated, the rates do not increase as much, or in some cases decrease slightly, as compared to other zoning categories where the number of units subdivided has not exceeded the planned units. Therefore, the
increase/(decrease) for each zoning category varies.
Background:
The Landscaping and Lighting Act of 1972 (“the Act”) authorizes cities to impose assessments on benefitted properties to finance construction of street landscaping, street lighting, traffic signals, parks, street trees, sidewalk repair, recreational improvements; as well as maintenance and servicing of these improvements. In accordance with the Act, the City formed the Spring Lake L&L District.
The Spring Lake L&L consists of all property located in the Spring Lake Specific Plan area, which is located in the southeast portion of the City, generally bounded to the north by Gibson Road, to the east by County Road 102, to the south by County Road 25A and generally to the west by County Road 101. There is a portion of the District immediately north of the extension of County Road 24A (Sports Park Drive) that extends west of State Highway 113.
On July 2, 2024, Council approved resolutions preliminarily approving the Engineer’s Report, initiating proceedings for the annual levy, and a resolution setting the public hearing date for July 16, 2024. The Engineer’s Report was attached to the July 2 staff report and is available on the City's website.
Discussion:
Each year, the City prepares an Annual Report for each District, along with the District's estimates for an operating budget, to calculate the assessment annually levied for each parcel. This budget determines what maintenance operations are performed for the fiscal year and directs the County Assessor on what to levy each parcel. The complete reports are available for review in the Financial Transparency section of the City's website.
State regulations require a two-part process to complete the annual levy. The first part of the process requires City Council to take action to initiate proceedings for the levy, preliminarily approve the Engineer’s Report and call for a public hearing; this occurred at the July 2, 2024 Council meeting.
A public hearing is required to complete the levy process.
Following the public hearing, Council may direct changes to the Engineer’s Report or to the levy, but may not increase the levy beyond the maximum approved amount.
Conclusion:
Staff recommends that the City Council (1) conduct a public hearing and (2) adopt Resolution No. _____, approving the fiscal year 2024/25 annual levy report and Resolution No. _____, ordering the levy and collection of the assessment within the Spring Lake Lighting and Landscaping District.
Prepared by: Kim McKinney, Administrative Services Director
Attachments:
1. Reso - Spring-Lake-L&L_Resolution Ordering the Levy of Assessments FY2024-2025
2. Reso - Spring-Lake_-L&L_Resolution Approval_ER_FY2024-2025
RESOLUTION NO. _____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND,
CALIFORNIA ORDERING THE LEVY AND COLLECTION OF ANNUAL
ASSESSMENTS REGARDING THE SPRING LAKE LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2024/2025
WHEREAS, the City Council, has by previous Resolutions initiated proceedings to form, and declared its intention to levy and collect annual assessments against parcels of land within the “Spring Lake Landscaping and Lighting District” (the “District”) for the fiscal year commencing July 1, 2024 and ending June, 30 2025 pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (the “Act”) to pay the costs and expenses of operating, maintaining and servicing the improvements and appurtenant facilities related thereto; and,
WHEREAS, Koppel & Gruber Public Finance, the Assessment Engineer selected by the City Council has prepared and filed with the City Clerk and the City Clerk has presented to the City Council the Engineer’s Report entitled “City of Woodland Spring Lake Landscaping and Lighting District Fiscal Year 2024/2025 Engineer’s Report” (the “Report”),in connection with the proposed levy and collection of special benefit assessments upon eligible parcels of land within the District, and the City Council did by previous Resolution approve such Report; and, WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the Fiscal Year commencing July 1, 2024 and ending June 30, 2025, to pay the costs and expenses of operating, maintaining and servicing the improvements and appurtenant facilities related thereto; and,
WHEREAS, the City Council following notice duly given, has held a full and fair Public Hearing on July 16, 2024, regarding the levy and collection of assessments as described in the Report prepared in connection therewith, and considered all oral and written statements, protests and communications made or filed by interested persons regarding these matters, pursuant to the Act and in accordance with the provisions of the California Constitution Article XIIID.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE
CITY COUNCIL OF THE CITY OF WOODLAND, THE LEGISLATIVE BODY FOR SAID DISTRICT, AS FOLLOWS:
Section 1The preceding recitals are true and correct.
Section 2Following notice duly given, the City Council has held a full and fair public hearing regarding the levy and collection of the assessments, the Report prepared in connection therewith, and considered all oral and written statements, protests and communications made or filed by interested persons regarding these matters.
Section 3The City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2024 and ending June 30, 2025, to pay the costs and expenses of operating, maintaining and servicing the landscaping, lighting, drainage and appurtenant facilities located within public places in the District.
Section 4The City Council has carefully reviewed and examined the Report in connection with the District, and the levy and collection of assessments. Based upon its review the Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, hereby finds that the City Council determines that:
a.The territory of land within District will receive special benefits from the operation, maintenance and servicing of the landscaping, lighting, drainage and appurtenant facilities and improvements related thereto. b.The District includes all of the lands so benefited; and c.The amount to be assessed upon the lands within the District, in accordance with the proposed budget for the fiscal year commencing July 1, 2024 and ending June 30, 2025 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefits, to be received by each parcel from the improvements and services, and is satisfied that the assessments are levied, without regard to property valuation.
Section 5The Report and Fiscal Year 2024/2025 assessments, as presented to the City Council and on file in the office of the City Clerk, are hereby confirmed as filed.
Section 6The City Council hereby orders the proposed improvements to be made; the improvements are briefly described as the operation, administration, maintenance and servicing of all public landscaping and lighting improvements, drainage and appurtenant facilities and expenses associated with the District, and that will be maintained by the City of Woodland or their designee and all such maintenance, operation and servicing of the landscaping and lighting, drainage and all appurtenant facilities shall be performed pursuant to the Act. A more complete description of the improvements is detailed in the Report and by reference this document is made part of this resolution.
Section 7The Yolo County Auditor shall place on the County Tax Roll, opposite each parcel of land, the amount of levy so apportioned by the method of apportionment formula, outlined in the Engineer’s Report, and such levies shall be collected at the same time and in the same manner as county taxes are collected pursuant to Chapter 4, Article 2, Section 22646 of the Act. After collection by the County, the net amount of the assessments, after deduction of any compensation due the county for collection, shall be paid to the City Treasurer.
Section 8The Finance Officer, shall deposit all money from the assessments collected by the County for the District into a fund for the Spring Lake Landscaping and Lighting District, and such money shall be expended to pay the costs and expenses of operating, maintaining and servicing the improvements and appurtenant facilities related thereto described above.
Section 9The adoption of this Resolution constitutes the Authorization of the District levy for the Fiscal Year commencing July 1, 2024 and ending June 30, 2025.
Section 10The City Clerk’s designee, Koppel & Gruber Public Finance, is hereby authorized and directed to file the levy with the Yolo County Auditor subsequent to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Woodland at a regular meeting held on the 16th day of July 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tania Garcia-Cadena, Mayor
ATTEST:
Ana B. Gonzalez, MMC, City Clerk
RESOLUTION NO. _____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND, CALIFORNIA, AMENDING AND/OR APPROVING THE FISCAL YEAR 2024/2025 ENGINEER’S REPORT REGARDING THE SPRING LAKE LANDSCAPING AND
LIGHTING DISTRICT
WHEREAS, the City Council, pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (the “Act”), did by previous Resolution order the Assessment Engineer, Koppel & Gruber Public Finance, to prepare and file the 2024/2025 Engineer’s Report for the “Spring Lake Landscaping and Lighting District” (the “District”); and,
WHEREAS, the Assessment Engineer has prepared and filed with the City Clerk of the City of Woodland, California and the City Clerk has presented to the City Council such report entitled “City of Woodland Spring Lake Landscaping and Lighting District Fiscal Year 2024/2025 Engineer’s Report” (the “Report”) as required by the Act; and, WHEREAS, the City Council has carefully examined and reviewed the Report as presented, considered all oral and written comments presented with respect to the District and Report at a noticed Public Hearing and has discussed any necessary or desired modifications to the Report, and is satisfied that the levy for each parcel has been calculated in accordance with the special benefits received from the operation, maintenance and services performed, as set forth in the Report.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE
CITY COUNCIL OF THE CITY OF WOODLAND, THE LEGISLATIVE BODY FOR SAID DISTRICT, AS FOLLOWS:
Section 1The preceding recitals are true and correct.
Section 2The Report as presented or as modified, contains the following:
a.A Description of Improvements.
b.A Diagram of the District.
c.The Method of Apportionment that details the method of calculating each parcel’s proportional special benefits and annual assessment. d.The 2024/2025 Assessment based upon Method of Apportionment as approved by the property owners pursuant to the provision of the California Constitution Article XIIID Section 4.
e.An “Assessment Range Formula” for calculating annual inflationary adjustments to the initial “Maximum Assessment” (Adjusted Maximum Levy per benefit unit), also approved by the property owners. f.The 2024/2025 Annual Budget (Costs and Expenses) and the resulting 2024/2025 assessment (Levy per benefit unit) for Fiscal Year 2024/2025.
g.The Assessment Roll containing the Levy for each Assessor Parcel Number within the District for Fiscal Year 2024/2025.
Section 3 The City Clerk is hereby directed to enter on the minutes of the City Council any and all modifications to the Report determined and approved by the City Council, and all such changes and/or modifications by reference are to be incorporated into the Report.
Section 4The City Council is satisfied with the Report as presented or modified, each and all of the budget items and documents as set forth therein, and is satisfied that the Fiscal Year 2024/2025 annual assessments contained therein are consistent with the assessments approved by the property owners and spread in accordance with the special benefits received from the improvements pursuant to the provisions of the California Constitution Article XIIID.
Section 5The Report is hereby approved as submitted or modified and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.
Section 6The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation and approval of the Report as submitted or modified.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Woodland at a regular meeting held on the 16th day of July 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tania Garcia-Cadena, Mayor
ATTEST:
Ana B. Gonzalez, MMC, City Clerk
TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: July 16, 2024
ITEM #: H.28
SUBJECT: PUBLIC HEARING: Streng Pond Landscape
Maintenance District
Recommendation for Action: Staff recommends that the City Council (1) conduct a public hearing and (2) adopt Resolution No. _____, approving the fiscal year 2024/2025 annual levy report and order the levy and collection of the assessment within the Streng Pond Landscape Maintenance District.
Staff Contact:
Kim McKinney, Administrative Services Director, (530) 661-5849, [email protected]
Fiscal Impact:
The FY2024/25 Engineer's Report calculates the assessment of a single family home to be $79.10, which is unchanged from FY2023/24. The proposed assessment for the District would generate $14,436 in revenue. The Streng Pond L&L assessment does not generate enough revenue to meet the minimum operational expenditures required to maintain the L&L. To ensure the ongoing operation and maintenance of the Streng Pond L&L, the City will advance $30,799 from the General Fund to offset the shortfall; this advance is included in the FY2024/25 proposed budget.
Background:
The Landscaping and Lighting Act of 1972 ("the Act") authorizes cities to impose assessments on benefitted properties to finance construction of street landscaping, street lighting, traffic signals, parks, street trees, sidewalk repair, recreational improvements; as well as maintenance and servicing of these improvements. In accordance with the Act, the City formed the Streng Pond Landscape Maintenance District.
The Streng Pond District is located in the southwest portion of the City, generally north of Gibson Road, west of Cottonwood Street and east of County Road 98. The District was formed in 1985 and reached the maximum allowable assessment of $79.10 per single family home in 1995; there are no provisions for future CPI increases. The City attempted a property owner ballot proceeding in 1998 to increase the assessment to cover rising costs within the District. However, the effort was unsuccessful. Because the rates do not increase to cover the rising costs of maintenance, a general fund contribution of $30,799 is budgeted to cover the operating shortfall.
On July 2, 2024, Council approved resolutions to preliminarily approve the Engineer's Report and to initiate proceedings for the annual levy, which included setting the public hearing date for July 16, 2024. The Engineer's Report was attached to the July 2 staff report and is available for review on the City's website.
Discussion:
Each year, the City prepares an Annual Report for each District, along with estimates for an operating budget, to calculate the assessment annually levied for each parcel. This budget determines what maintenance operations are performed for the fiscal year and directs the County Assessor on what to levy each parcel. The complete reports are available for review in the Financial Transparency section of the City's website.
State regulations require a two-part process to complete the annual levy. The first part of the process requires Council to take action to initiate proceedings for the levy, preliminarily approve the Engineer's Reports and call for a public hearing; this occurred at the July 2, 2024 Council meeting. A public hearing is required to complete the levy process. Following the public hearing, Council may direct changes to the Engineer's Report or to the levy, but may not increase the levy beyond the maximum approved amount.
Conclusion:
Staff recommends that the City Council (1) conduct a public hearing and (2) adopt Resolution No. _____, approving the fiscal year 2024/2025 annual levy report and order the levy and collection of the assessment within the Streng Pond Landscape Maintenance District.
Prepared by: Kim McKinney, Administrative Services Director
Attachments:
1. Resolution - Streng Pond L&L Public Hearing FY25
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND, CALIFORNIA, AMENDING AND/OR APPROVING THE ENGINEER’S ANNUAL LEVY
REPORT AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN
THE STRENG POND LANDSCAPING MAINTENANCE DISTRICT, FISCAL YEAR 2024/2025
The City Council of the City of Woodland, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, The City Council has, by previous Resolutions, ordered the preparation of the Engineer’s Annual Levy Report (hereafter referred to as the “Report”) for said district known and designated as: Streng Pond Landscaping Maintenance District (hereafter referred to as the “District”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”); and,
WHEREAS, there has been presented to this City Council the Report as required by Chapter 3, Section 22623 of said Act, and as previously directed by Resolution; and, WHEREAS, the City Council has carefully examined and reviewed the Report as presented, and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the levy has been spread in accordance with the benefits received from the improvements, operation, maintenance and services to be performed, as set forth in said Report; and, WHEREAS, the City of Woodland and its legal counsel have reviewed Proposition 218 and found that these assessments comply with applicable provisions of Section XIII D of the California State Constitution; and,
WHEREAS, upon reasonable written notice by Yolo County of any claim or challenge, the City agrees to defend with counsel of its choice, indemnify and hold harmless Yolo County, its Board of Supervisors, officers, officials, agents and employees (collectively “the County”), against the payment of any liabilities, losses, costs and expenses, including attorney fees and court costs, not due to the County’s own active negligence or willful misconduct, which the County may incur in the exercise and performance of its powers and duties in placing these assessments onto the County roll and tax bills for the City; and,
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:
Section 1: Following notice duly given, the City Council has held a full and fair public hearing regarding the District, the levy and collection of assessments, the Report prepared in connection therewith, and considered all oral and written statements, protests and communications made or filed by interested persons regarding these matters.
Section 2: Based upon its review (and amendments, as applicable) of the Report, a copy of which has been presented to the City Council, is hereby approved (as amended), and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection, the City Council hereby finds and determines that:
a. The land within the District will receive special benefit by the operation, maintenance and servicing of improvements, located within the boundaries of the District; and,
b. The District includes all of the lands so benefited; and, c. the net amount to be assessed upon the lands within the District in accordance with the fee for the Fiscal Year commencing July 1, 2024, and ending June 30, 2025, is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the estimated special benefits to be received by each parcel from the improvements and services.
Section 3: The maintenance, operation and servicing of the improvements and appurtenant facilities shall be performed pursuant to the Act. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as follows: the maintenance and operation of and the furnishing of services and materials for landscaping improvements, irrigation and drainage systems, and associated appurtenances.
Section 4: The County Auditor of the County of Yolo shall enter on the County Assessment Roll opposite each eligible parcel of land the amount of levy so apportioned by the formula and method outlined in the Report, and such levies shall be collected at the same time and in the same manner as the County taxes are collected, pursuant to Chapter 4, Article 2, Section 22646 of the Act. After collection by the County, the net amount of the levy shall be paid to the City Treasurer.
Section 5: The City Treasurer shall deposit all money representing assessments collected by the County for the District to the credit of a fund for the City of Woodland Streng Pond Landscaping Maintenance District and such money shall be expended only for the maintenance, operation and servicing of the improvements as described in Section 3.
Section 6: The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 2024, and ending June 30, 2025.
Section 7: The City Clerk, or their designate, is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution, pursuant to Chapter 4, Article 1, Section 22641 of the Act.
Section 8: That the above recitals are all true and correct. That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the final approval of the Report.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Woodland at a regular meeting held on the 16th day of July 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tania Garcia-Cadena, Mayor
ATTEST:
Ana B. Gonzalez, MMC, City Clerk
TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: July 16, 2024
ITEM #: H.29
SUBJECT: PUBLIC HEARING: West Wood Lighting and
Landscaping District
Recommendation for Action: Staff recommends that the City Council (1) conduct a public hearing and (2) adopt Resolution No. _____, approving the fiscal year 2024/2025 annual levy report and order the levy and collection of the assessment within the West Wood Lighting and Landscaping District.
Staff Contact:
Kim McKinney, Administrative Services Director, (530) 661-5849, [email protected]
Fiscal Impact:
The FY2024/25 Engineer's Report proposes to increase the assessment on a single family home, based on an annual inflation factor, from $770.02 in FY2023/24 to $788.50 in FY24/25; an increase of $18.48. If approved, the proposed assessment for the District would generate $29,963 in revenue.
In addition, West Wood will require an additional $6,346 in revenue that will come from fund balance/reserves in FY2024/25.
Background:
The Landscaping and Lighting Act of 1972 ("the Act") authorizes cities to impose assessments on benefitted properties to finance construction of street landscaping, street lighting, traffic signals, parks, street trees, sidewalk repair, recreational improvements; as well as maintenance and servicing of these improvements. In accordance with the Act, the City formed the West Wood L&L District.
The West Wood L&L is located in the northwest portion of the City, generally to the north of Kentucky Avenue, south of Quail Drive, east of Dove Drive and west of Mallard Drive. The District was formed in 2004 and is currently being assessed at the maximum allowable rate; however, the District formation report included an annual CPI escalator, which can continue indefinitely to account for inflationary cost increases.
On July 2, 2024, Council approved resolutions to preliminarily approve the Engineer's Report, to initiate proceedings for the annual levy, and the City Council also approved a resolution setting the public hearing date for July 16, 2024. The Engineer’s Report was attached to the July 2 staff report and is available on the City's website.
Discussion:
Each year, the City prepares an Annual Report for each District, along with the District's estimates for an operating budget, to calculate the assessment annually levied for each parcel. This budget determines what maintenance operations are performed for the fiscal year and directs the County Assessor on what to levy each parcel. The complete reports are available for review on the City's website.
State regulations require a two-part process to complete the annual levy. The first part of the process requires the Council to take action to initiate proceedings for the levy, preliminarily approve the Engineer's Reports and call for a public hearing; this occurred at the July 2, 2024 Council
meeting. A public hearing is required to complete the levy process. Following the public hearing, Council may direct changes to the Engineer's Report or to the levy, but may not increase the levy beyond the maximum approved amount.
Conclusion:
Staff recommends that the City Council (1) conduct a public hearing and (2) adopt Resolution No. _____, approving the fiscal year 2024/2025 annual levy report and order the levy and collection of the assessment within the West Wood Lighting and Landscaping District.
Prepared by: Kim McKinney, Administrative Services Director
Attachments:
1. Resolution - West Wood L&L Public Hearing FY25
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND, CALIFORNIA, AMENDING AND/OR APPROVING THE ENGINEER’S ANNUAL LEVY
REPORT AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE WEST WOOD UNIT NO. 1 LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2024/2025
The City Council of the City of Woodland, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, The City Council has, by previous Resolutions, ordered the preparation of the Engineer’s Annual Levy Report (hereafter referred to as the “Report”) for said district known and designated as: West Wood Unit No. 1 Landscaping and Lighting District (hereafter referred to as the “District”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”); and,
WHEREAS, there has now been presented to this City Council the final Report as required by Chapter 3, Section 22623 of said Act, and as previously directed by Resolution; and, WHEREAS, the City Council has carefully examined and reviewed the Report as presented, and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the levy has been spread in accordance with the benefits received from the improvements, operation, maintenance and services to be performed, as set forth in said Report; and, WHEREAS, the City of Woodland and its legal counsel have reviewed Proposition 218 and found that these assessments comply with applicable provisions of Section XIII D of the California State Constitution; and,
WHEREAS, upon reasonable written notice by Yolo County of any claim or challenge, the City of Woodland agrees to defend with counsel of its choice, indemnify and hold harmless Yolo County, its Board of Supervisors, officers, officials, agents and employees (collectively “the County”), against the payment of any liabilities, losses, costs and expenses, including attorney fees and court costs, not due to the County’s own active negligence or willful misconduct, which the County may incur in the exercise and performance of its powers and duties in placing these assessments onto the County roll and taxbills for the City of Woodland; and
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:
Section 1: Following notice duly given, the City Council has held a full and fair public hearing regarding the District, the levy and collection of assessments, the Report prepared in connection therewith, and considered all oral and written statements, protests and communications made or filed by interested persons regarding these matters.
Section 2: Based upon its review (and amendments, as applicable) of the Report, a copy of which has been presented to the City Council, is hereby approved (as amended), and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection, the City Council hereby finds and determines that:
a. The land within the District will be benefited by the operation, maintenance and servicing of improvements, located within the boundaries of the District, and b. District includes all of the lands so benefited, and c. The net amount to be assessed upon the lands within the District in accordance with the fee for the Fiscal Year commencing July 1, 2024, and ending June 30, 2025, is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the estimated special benefits to be received by each parcel from the improvements and services.
Section 3: The maintenance, operation and servicing of the improvements and appurtenant facilities shall be performed pursuant to the Act. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as follows: the maintenance and operation of and the furnishing of services and materials for the landscaping improvements, local street lighting facilities, parks and related equipment replacement, fencing and block walls, storm drainage detention basin, and all associated appurtenances.
Section 4: The County Auditor of the County of Yolo shall enter on the County Assessment Roll opposite each eligible parcel of land the amount of levy so apportioned by the formula and method outlined in the Report, and such levies shall be collected at the same time and in the same manner as the County taxes are collected, pursuant to Chapter 4, Article 2, Section 22646 of the Act. After collection by the County, the net amount of the levy shall be paid to the City Treasurer.
Section 5: The City Treasurer shall deposit all money representing assessments collected by the County for the District to the credit of a fund for the City of Woodland West Wood Unit No. 1 Landscaping and Lighting District and such money shall be expended only for the maintenance, operation and servicing of the improvements as described in Section 3.
Section 6: The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 2024, and ending June 30, 2025.
Section 7: The City Clerk, or their designate, is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution, pursuant to Chapter 4, Article 1, Section 22641 of the Act.
Section 8: That the above recitals are all true and correct. That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of and final approval of the Report.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Woodland at a regular meeting held on the 16th day of July 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tania Garcia-Cadena, Mayor
ATTEST:
Ana B. Gonzalez, MMC, City Clerk
TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: July 16, 2024
ITEM #: H.30
SUBJECT: Setting aside and vacating approval of the Woodland Flood Risk Management Project
Recommendation for Action: Staff recommends that City Council adopt Resolution No. _____, setting aside and vacating approval of the Woodland Flood Risk Management Project.
Staff Contact:
Ken Hiatt, City Manager (530) 661-5802, [email protected]
Fiscal Impact:
None.
Background:
On February 16, 2021, the City Council of the City of Woodland held a duly noticed public hearing on the proposed Woodland Flood Risk Management Project (the “2021 Project”) and adopted Resolution No. 7651 approving the Project. The approval of the 2021 Project was the culmination of many years of work by the City to find a flood solution that was compliant with the restrictions set forth in Measure S, which, among other things, prohibited the City from approving any flood wall that is “substantially similar” to one rejected by the voters in 2004 without voter approval. The City designed the 2021 Project to provide flood protection in a manner that was intended to not be substantially similar to the flood wall proposed in 2004. On March 25, 2021, Petitioners Yolo County Farm Bureau, Nancy Lea and Eric Paulson filed a petition for writ of mandate and complaint for declaratory and injunctive relief entitled Yolo County Farm Bureau, et al. v. City of Woodland, et al., Yolo County Superior Court, Case No. CV2021-0564 (“Action”) seeking the Yolo County Superior Court to set aside and vacate the 2021 Project. The Action challenged the City’s approval of the 2021 Project, claiming that it violates Measure S.
The trial court held a hearing on the petition, and on July 22, 2022, the trial court issued an order granting the petition for writ of mandate pursuant to Code of Civil Procedure 1085. The court concluded that the 2021 Project violated Measure S. Judgment was entered on September 26, 2022, and the Court issued a preemptory writ of mandate directing the City to set aside and vacate all City approvals for the 2021 Project on September 30, 2022 (“Writ”). The City appealed the ruling on October 24, 2022, Court of Appeal Case No. C097202 (“Appeal”).
Following the court’s ruling and while the appeal was pending, the City placed a measure on the March 2024 ballot asking the voters to approve the 2021 Project. The voters rejected the 2021 Project at the March 2024 election. In consideration of the voters’ rejection of the 2021 Project at the March 2024 election, the City Council decided that it was not in the public interest to continue pursuing the Appeal, and has consequently voluntarily dismissed the Appeal. With the City’s dismissal of the Appeal, the trial court’s order is currently in effect, and the City Council is required to comply with the Writ.
Discussion:
The Writ issued by the trial court directs the City to rescind, set aside and vacate all City approvals for the 2021 Project, and to file a return to the writ of mandate with the Court demonstrating
compliance with the court’s direction. The proposed resolution would rescind, set aside and vacate the City’s approval of the 2021 Project as required by the Writ issued by the Court.
Conclusion:
Staff recommends that City Council adopt Resolution No. _____, setting aside and vacating approval of the Woodland Flood Risk Management Project.
Attachments:
1. Woodland_ Resolution Setting Aside Flood Project-c1
RESOLUTION NO.
A RESOLUTION OF THE CITY OF WOODLAND CITY COUNCIL
SETTING ASIDE AND VACATING APPROVAL OF THE WOODLAND
FLOOD RISK MANAGEMENT PROJECT
WHEREAS, on February 16, 2021, the City Council of the City of Woodland held a duly noticed public hearing on the proposed Woodland Flood Risk Management Project (the “2021 Project”) and adopted Resolution No. 7651 approving the Project; and WHEREAS, on March 25, 2021, Petitioners Yolo County Farm Bureau, Nancy Lea and Eric Paulson filed a petition for writ of mandate and complaint for declaratory and injunctive relief entitled Yolo County Farm Bureau, et al. v. City of Woodland, et al., Yolo County Superior Court, Case No. CV2021-0564 (“Action”) seeking the Yolo County Superior Court to set aside and vacate the 2021 Project. The Action challenged the City’s approval of the 2021 Project, claiming that it violates Measure S. Among other things, Measure S prohibits the City from approving any flood wall that is “substantially similar” to one rejected by the voters in 2004 without voter approval; and
WHEREAS, the trial court held a hearing on the merits. On July 22, 2022, the trial court issued an order granting the petition for writ of mandate pursuant to Code of Civil Procedure 1085. The court concluded that the 2021 Project violated Measure S. Judgment was entered on September 26, 2022 and the Court issued a preemptory writ of mandate directing the City to set aside and vacate all City approvals for the 2021 Project on September 30, 2022 (“Writ”). The City noticed an appeal on October 24, 2022, Court of Appeal Case No. C097202 (“Appeal”).; and
WHEREAS, following the trial court’s entry of judgment, the City placed a measure on the March 2024 ballot asking the voters to approve the 2021 Project. The voters rejected the 2021 Project; and
WHEREAS, in consideration of the voters’ rejection of the 2021 Project at the March 2024 election, the City Council believes it is not in the public interest to continue pursuing the Appeal, and has consequently voluntarily dismissed the Appeal. With the City’s dismissal of the Appeal, the trial court’s order is currently in effect, and the City Council is required to comply with the Writ.
NOW, THEREFORE, the City Council of the City of Woodland does hereby resolve as follows:
Section 1. In compliance with the preemptory writ of mandate issued by the Yolo County Superior Court on September 30, 2022, the City Council of the City of Woodland hereby rescinds, sets aside and vacates all City approvals for the 2021 Project, including Resolution 7651.
Section 2. The City Attorney is hereby directed to take all steps necessary to file a return to the writ of mandate upon issuance of a writ of mandate by the Yolo County Superior Court.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Woodland at a regular meeting held on the 16th day of July 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tania Garcia-Cadena, Mayor
ATTEST:
Ana B. Gonzalez, MMC, City Clerk
TO: THE HONORABLE MAYOR AND CITY COUNCIL
AGENDA: City Council Regular Meeting
DATE: July 16, 2024
ITEM #: I.31
SUBJECT: Southeast Area Aquatic Center Project, CIP 19-18 - Award Construction Contract
Recommendation for Action: Staff recommends that the City Council adopt Resolution No. _____, to
1. Appropriate $1,484,000 in General Capital Funds (Fund 1501) to the Southeast Area Aquatic Center Project (CIP 19-18) to cover community donations previously committed to the project, but not yet received in full; and
2. Appropriate $3,850,000 in general purpose development fees (Fund 1501) collected through various subdivision development agreements to the Southeast Area Aquatic Center Project (CIP 19-18); and
3. Approve a construction contract for the Southeast Area Aquatic Center Project (CIP 19-18) and award the construction contract in the amount of $11,981,383 to DG Granade, Inc., with both approval and award contingent on the expiration of the bid protest period for the project; authorize a contract contingency up to 5% ($599,069); and authorize the City Manager to execute the construction contract and change orders; and
4. In the event the City receives a valid, complete protest prior to the expiration of the protest period, authorize the City Manager to make a determination on the bid protest and award a construction contract to the lowest responsible bidder providing a responsive bid in an amount not to exceed $12,300,000 (the final amount will depend on the bid amount of the lowest responsible bidder providing a responsive bid), and approve a 5% construction contract contingency; and
5. Approve a professional services agreement for construction management and inspection services with Kitchell, Inc. in the amount of $862,977, authorize a contract contingency up to 15% ($129,447), and authorize the City Manager to execute the agreement and amendments.
Staff Contact:
Ed Wisniewski, Principal Civil Engineer, (530) 661-5975, [email protected]
Fiscal Impact:
The proposed construction contract award, plus 5% construction contingency, construction management and inspection contract, design costs, and project management results in a total project cost of $15.9 million.
The project is currently funded in the Capital Budget at $10,881,905 million. The composition of current funds includes the General Fund, Measures J & F, and American Rescue Plan (ARP) Funds.
Two additional funding sources have been identified to fully fund the project. The development agreements negotiated for the Prudler (183 lots), Pioneer Village (231 lots), Parkside 3 (97 lots), and Beeghly R-15 (72 lots) subdivision projects included payment of general-purpose fees for the new pool, but have not yet been formally allocated to the project budget. These fees currently account for approximately $3.85 million. Staff is requesting all general-purpose development fees collected specifically for this project be allocated at this time. Secondly, project donation commitments from the community currently total $1,437,000. Staff is requesting that these donation commitments be fronted
with General Capital Funds (Fund 1501), with that fund to be paid back as the fundraising commitments are received. Adding the general-purpose development fees and community donation commitments to the current capital budget, the project will be fully funded at approximately $16.1 million.
City Council Priority Goals:
The aquatics center project is identified as a priority quality of life initiative within the 2023-2024 City Council Priority Goals.
Background:
The City currently operates one municipal pool, the Charles Brooks Community Swim Center, located adjacent to Woodland High School. Public workshops, citizen committees, and planning efforts to provide a second community pool have been ongoing since Hiddleson Pool was closed in 2008. A 2017 feasibility study summarized all the feedback from the community and identified the preferred design concept, which included a competition lap pool and a separate recreational pool. In August 2021, the City Council appointed a subcommittee to work with staff to refine the recommended project scope and budget. Staff has worked closely with the Council subcommittee to provide the preferred project scope, which includes the following features:
• Competition Swimming Pool
o 10 lanes (25 yards x 25 meters)
o 8 competition lanes (2 warm-up/water aerobics lanes)
o Shallow learn-to-swim lane
o ADA accessibility
• Activity/Recreation Pool
o Interactive water play features
o Instructional (learn-to-swim) areas
o Wading area
o Zero-depth entry area
• Support Building (approx. 4,275 sf)
o Office/ticketing space
o Locker/dressing/toilet/shower area
o Lifeguard/first aid/training area
o Mechanical room
o Chemical storage rooms
o Custodial Space
o Maintenance Technician office/workspace
o Electrical room
• Site Features
o Approx. 2 acres of overall development
o Shade structures
o Utility connections
o Fencing (site security & pool area)
o Lighting
o Sidewalks & paths of travel
o Deck space
o Landscaping
In April 2022, LPA architects was awarded the design contract for the new aquatic center after a quality-based selection process. Design commenced in the summer of 2022 with an initial phase of
conceptual design and program confirmation. Partway through advanced design development efforts, the geotechnical analysis revealed that the previously planned site for the new aquatics center, at Pioneer High School, contained poor soil conditions for a facility of this nature. Therefore, in June 2023, the City Council approved a recommendation to relocate the aquatic center to the Community & Senior Center, and design continued at the alternative site. A subsequent geotechnical study at the Community Center showed that soil conditions were favorable and preparation of the final construction documents proceeded. Design was completed in May 2024 and staff anticipates that all permits will be issued prior to the start of construction in August 2024.
Discussion:
On May 21, 2024, the City Council approved the project plans and specifications and authorized a bid advertisement. The basis of the award was set as the base bid for the aquatic center plus the additive alternate of the scoreboard and timing system. The project was advertised for bids on June 4, 2024. On July 11, 2024, the City received 10 bids for the aquatic center in the amounts tabulated below:
CONTRACTOR BASE BID + ALTERNATE
1 DG Granade $11,981,383
2 Creekside Commercial Builders $12,059,000
3 Broward Builders $12,104,000
4 Diede Construction $12,228,000
5 D.L. Falk Construction $12,383,000
6 Bobo Construction $12,530,000
7 J-Walt Construction $12,650,000
8 Otto Construction $13,304,000
9 Roebbelen $13,499,483
10 Rodan Builders $13,809,000
Bids came in considerably lower than the architect’s estimate of $15.5 million. Estimates were likely conservative due to economic uncertainties, which were particularly concerning during the early stages of design.
Staff performed due diligence in reviewing the bids. DG Granade has been determined to be the lowest responsible bidder providing a responsive bid and has complied with all technical submittal requirements. Staff is requesting that Council award the construction contract for the base bid plus the alternate (scoreboard & timing system), contingent on the City not receiving a valid, complete, bid protest prior to the expiration of the bid protest period on July 18, 2024.
Pursuant to the bid documents for the Project, the bid protest period for the Project ends on July 18, 2024. If the City receives a valid bid protest (as defined in the bid documents), the City Engineer reviews any valid protest and then provides a written decision to the protester on the merits of the protest. If the protestor does not agree, they may appeal the decision of the City Engineer to the City Manager.
In the event that the City does receive a valid, complete protest prior to the expiration of the protest period, staff is requesting that the City Council authorize the City Manager to make a determination on the bid protest and award a construction contract to the lowest responsible bidder proving a responsive bid in an amount not to exceed $12,300,000 (the final amount will depend on the bid amount of the lowest responsible bidder providing a responsive bid). Staff is also requesting that Council approve a construction contract contingency of up to 5%.
Once the contract documents are fully executed and the contractor provides the necessary bonds and proof of insurance, staff will issue notice to proceed and set a date for groundbreaking (likely sometime in August). The construction contract allows 330 working days for completion of the project, which would ultimately result in the City’s acceptance of the facility in the fall of 2025.
Due to the specialized nature of constructing an aquatics facility, staff identified a need to bring in a construction oversight team with specific experience in constructing public pools. A Request for Proposals (RFP) for construction management and special inspections services was advertised on March 22, 2024. On April 23, the City received five proposals. A consultant selection committee was formed, and the proposals were reviewed and ranked. The top three firms were asked to continue to a round of interviews. Kitchell scored highly in both the written proposal and interview portions of the selection process and demonstrated the greatest depth of experience in providing construction oversight for similar aquatics facilities. Signet Testing Labs, Inc., as a subconsultant to Kitchell, will provide special inspections and materials testing to ensure critical elements of the project meet or exceed the requirements of the technical specifications. Staff is requesting that Council approve a professional services agreement with Kitchell in the amount of $862,977, and authorize a 15% contract contingency ($129,447).
Conclusion:
Staff recommends that the City Council adopt Resolution No. _____, to
1. Appropriate $1,484,000 in General Capital Funds (Fund 1501) to the Southeast Area Aquatic Center Project (CIP 19-18) to cover community donations previously committed to the project, but not yet received in full; and
2. Appropriate $3,850,000 in general purpose development fees (Fund 1501) collected through various subdivision development agreements to the Southeast Area Aquatic Center Project (CIP 19-18); and
3. Approve a construction contract for the Southeast Area Aquatic Center Project (CIP 19-18) and award the construction contract in the amount of $11,981,383 to DG Granade, Inc., with both approval and award contingent on the expiration of the bid protest period for the project; authorize a contract contingency up to 5% ($599,069); and authorize the City Manager to execute the construction contract and change orders; and
4. In the event the City receives a valid, complete protest prior to the expiration of the protest period, authorize the City Manager to make a determination on the bid protest and award a construction contract to the lowest responsible bidder providing a responsive bid in an amount not to exceed $12,300,000 (the final amount will depend on the bid amount of the lowest responsible bidder providing a responsive bid), and approve a 5% construction contract contingency; and
5. Approve a professional services agreement for construction management and inspection services with Kitchell, Inc. in the amount of $862,977, authorize a contract contingency up to 15% ($129,447), and authorize the City Manager to execute the agreement and amendments.
Prepared by: Ed Wisniewski, Principal Civil Engineer
Reviewed by: Brent Meyer, Community Development Director / City Engineer
Attachments:
1. SE Area Aquatic Center Resolution
2. Kitchell Proposal (CM & Inspection)
RESOLUTION NO. ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOODLAND
APPROVING A CONSTRUCTION CONTRACT, APPROPRIATION OF FUNDS, AND
CONSULTANT AGREEMENT FOR THE SOUTHEAST AREA AQUATIC CENTER PROJECT, CIP 19-18
WHEREAS, the Southeast Area Aquatic Center Project (CIP #19-18) (“Project”) is identified in the current capital budget with a current total budget of $10,881,905; and WHEREAS, the Project will construct a new 10-lane competition swimming pool, a recreational/activity pool, a 4,275-sf support building, and approximately 2 acres of site improvements; and
WHEREAS, general-purpose subdivision development fees, as defined in their respective development agreements, give the City of Woodland (“City”) authority to apply the fees toward certain City projects, with the Southeast Area Aquatic Center being the highest priority project identified for use of these funds; and WHEREAS, $3,850,000 of general-purpose development fees have been collected through development agreements and need to be appropriated to the Project at this time; and WHEREAS, to date, donation commitments totaling $1,437,000 have been made towards the construction of the Project, and the City Council wishes to appropriate General Capital funds (“Fund 1501”) to front this commitment, with Fund 1501 to be reimbursed once donations are received in full; and
WHEREAS, the City Council approved the Project plans and specifications and authorized bid advertisement on May 21, 2024, and the Project was advertised for bids on June 4, 2024; and
WHEREAS, the City opened bids on July 11, 2024, and of the 10 received bids, the lowest responsible bidder submitting a responsive bid was DG Granade, Inc. (“DG Granade”) as determined by their base bid plus add alternate bid in the amount of $11,981,383; and WHEREAS, the City wishes to award the construction contract for the base bid plus add alternate to DG Granade in the amount of $11,981,383 and authorize a contingency up to 5%, with such award contingent on Section 5 below; and
WHEREAS, the City desires to have the construction management, inspection and testing for the Project performed by an experienced consultant that was selected through a competitive Request for Proposal (RFP) process; and
WHEREAS, the City wishes to approve a professional services agreement for construction management and inspection services with Kitchell, Inc. in the amount of $862,977 and authorize contingency up to 15%.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WOODLAND AS FOLLOWS:
Section 1.The City Council hereby authorizes the appropriation of $3,850,000 in general- purpose development fees (Fund 1501) that have been collected through various subdivision development agreements to Southeast Area Aquatic Center Project, CIP 19-18.
Section 2.The City Council hereby authorizes the appropriation of $1,484,000 in General Capital Funds (Fund 1501) to Southeast Area Aquatic Center Project, CIP 19-18.
Section 3.The City Council hereby awards the construction contract in the amount of $11,981,383 to DG Granade, Inc., subject to Section 5 of this resolution. Subject to Section 5 of this resolution, the City Manager is hereby authorized and directed to execute the contract and change orders up to 5% of the original contract amount, subject to City Attorney approval. The City Attorney is hereby authorized to make clarifying and conforming changes so long as the total dollar amount authorized herein does not change.
Section 4.Pursuant to the bid documents for the Project, the bid protest period for the Project ends on July 18, 2024. If the City receives a valid bid protest (as defined in the bid documents), the City Engineer reviews any valid protest and then provides a written decision to the protester on the merits of the protest. If the protestor does not agree, they may appeal the decision of the City Engineer to the City Council. However, the City Council may delegate this decision authority to the City Manager.
Section 5.This Resolution shall be effective on July 19, 2024, provided that the City does not receive a valid bid protest regarding the Project on or before July 18, 2024. In the event the City does receive a valid, complete protest prior to the expiration of the protest period, the City Council hereby authorizes the City Manager to make a determination on the bid protest and award a construction contract to the lowest responsible bidder providing a responsive bid in an amount not to exceed $12,300,000 (the final amount will depend on the bid amount of the lowest responsible bidder providing a responsive bid), and approve a 5% construction contract contingency.
Section 6.The City Council hereby approves the professional services agreement for construction management and inspection with Kitchell, Inc. in the amount of $862,977. The City Manager is hereby authorized and directed to execute the agreement and amendments up to 15% of the original contract amount, subject to City Attorney approval. The City Attorney is hereby authorized to make clarifying and conforming changes so long as the total dollar amount authorized herein does not change.
Section 7. Copies of the Construction Contract and the Professional Services Agreement for Construction Management and Inspection Services are available and on file in the City Clerk’s office, and are incorporated herein by reference and made part of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Woodland at a regular meeting held on the 16th day of July 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tania Garcia-Cadena, Mayor
ATTEST:
Ana B. Gonzalez, MMC, City Clerk
CITY OF WOODLAND - SOUTHEAST AREA AQUATIC COMPLEX
8COST ESTIMATES OF CONSULTING FEES
City of Woodland - Aquatic Complex
(continued on next page)
2024 2025
M J J A S O N D J F M A M J J A S O N D
160 200 160 160 200 160 160 200 160 160 200 160 160 200 160 200 160 160 200 160 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
PROJECT SCHEDULE / PHASE (TASK)
AHJ Approval
Contractor Procurement
CONSTRUCTION
Closeout
CONSTRUCTION MANAGEMENT SERVICES
Position/Classification Name
Principal-In-Charge Bill Johal Included
Project Director Jeff Dees 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 8 4 Project Manager II /
Construction Manager
Kris Bogar 16 16 80 200 160 160 200 160 160 200 160 160 200 160 200 160 160 200 80 Project Engineer TBD
Scheduler Rick Stassi 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8
Special Inspection Signet
Special Inspection
Contingency
Signet
Total (FTEs / Month) = 0 32 32 104 224 184 184 224 184 184 224 184 184 224 184 224 184 176 212 80 Kitchell Fees
CITY OF WOODLAND - SOUTHEAST AREA AQUATIC COMPLEX
Position/Classification Name 2024 Rates 2024 Hours 2025 Rates 2025 Hours Total Hours Total $ Principal-In-Charge Bill Johal Included - -
Project Director Jeff Dees $233.00 112 $240.00 156 268 $63,536 Project Manager II /
Construction Manager
Kris Bogar $195.00 832 $201.00 2,000 2832 $564,240
Project Engineer TBD $150.00 0 $155.00 0 0 -
Scheduler Rick Stassi $173.00 40 $178.00 88 128 $22,584 Special Inspection Signet $17 7,18 0
Special Inspection
Contingency
Signet $35,437
Total (FTEs / Month) = 3228 $862,977
Scope of Services:
We include a 10% fee for insurance and adminstrative tasks for subconsultants which is included in those line items.
CITY OF WOODLAND - SOUTHEAST AREA AQUATIC COMPLEX
3526 Breakwater Court ● Hayward, California 94545 ● Ph.: 510.887.8484 Fax: 510.259.1068 www.signettesting.com
April 18, 2024
Jeff Dees | Project Director Phone No: 916-472-4018 Kitchell CEM Email: [email protected] 2450 Venture Oaks Way, Suite 500
Sacramento, CA 95833
Subject: Task 4 – Special Inspections and Geotechnical & Materials Testing Rough Order of Magnitude Estimate and T&I Scope
Woodland Aquatic Complex Project (CIP 19-18)
2001 East Street, Woodland, CA
Dear Jeff:
Signet Testing Laboratories, Inc. (Signet) is pleased to present our Rough Order of Magnitude (ROM) Estimate to provide Special Inspection and Testing Services for the Woodland Aquatic Complex Project in Woodland, CA.
Established in 1966, Signet (a Delaware Corporation under the United Engineering Resources, Inc. [UER] family of companies) is a well-known industry leader with a reputation of providing clients superior service.
Please recognize that the estimate of the total cost for the scope of services described herein is provided in good faith but is intended as an estimate only. Upon receipt of c omplete c onstruction documents, a detailed construction schedule, and offsite fabricator information, we can prepare a n updated scope and estimate.
Based on our experience in working on projects of similar size and scope, a typical estimate of costs for our scope of services is between .75-1 . 2 5 p e r c e n t o f c o n s t r u c t i o n c o s t s . T h e a c t u a l e s t i m a t e d c o s t s f o r t e s t i n g a n d i n s p e c t i o n services as well as the actual scope of services and degree of effort needed may vary based on actual structural elements to be installed and the methods and means employed by the contractor during the course of construction.
There are many variables that may affect the performance of professional services (including, without limitation, schedule adjustments and conditions in the field, coordination with other trades, field change orders, contractor staffing, weather, materials availability and the like). If additional services beyond those specifically included in our scope of services presented above are required, such as project meetings, additional observation and testing, re - inspection, or additional laboratory tests, our fees for those services will be billed on a time and materials basis at the rates established for the project and/or our current schedule of fees.
S i g n e t i s s u b j e c t a n d s i g n a t o r y t o a g r e e m e n t s w i t h t h e U n i o n o f O p e r a t i n g E n g i n e e r s L o c a l 3 ( O E 3 ) u n d e r T h e American Federation of Labor and Congress of Industrial Organizations (AFL- CIO) covering inspection and testing personnel. Field services will be billed at increments of 4 hours. Professional staff is billed in hourly increments.
Services in excess of 8 hours per day (Monday through Friday, excluding Holidays) and the first 8 hours on Saturdays are billed at 1.5 times the appropriate rate. Services over 12 hours per day (Monday through Friday), over 8 hours on Saturdays, on Sundays and on holidays are billed at 2 times the appropriate rate. Field services are billed on a time - and-expense, portal -to-p o r t a l b a s i s f r o m o u r b a s e o f o p e r a t i o n s . A n a d m i n i s t r a t i o n f e e o f s e v e n p e r c e n t w i l l b e added to all invoices. Equipment, trip, parking and toll charges are additional when applicable. The rates quoted are valid through June 30, 2025 and are subject to an annual minimum cost -of-living increase of 5.0 percent for services after that date.
Should you have any questions or require additional information, please contact Carla Collins directly at 916.416.4871.
Respectfully,
SIGNET TESTING LABORATORIES, INC.
Carla Collins
Vice President/Project Manager
CITY OF WOODLAND - SOUTHEAST AREA AQUATIC COMPLEX
Task 4 – Special Inspections and Geotechnical & Materials Testing Rough Order of Magnitude Estimate and T&I Scope
Woodland Aquatic Complex Project (CIP 19-18)
2001 East Street, Woodland, CA
April 18, 2024 Page 2 of 6
____________________________________________________________________________________________________________________________________________
PROJECT UNDERSTANDING
The attached estimate is based on our review of the available project documents noted as:
• LPA (Draft A & C-plans) dated 3/1/24, Limited Draft S plans dated 12/21/23, • City of Woodland RFP (CIP 19-18) dated 3/22/24,
• The project’s Geotechnical Report was not available,
• A production schedule was not available,
• The project specification manual was not available,
As noted in the project documents provided (and as re-captured here) it is our understanding the Woodland Aquatic Complex project will consist of the construction of two new pools, decking, pool equipment, lighting, landscaping and a new 4,275 square-foot building for pool equipment and locker/restrooms.
The project includes, but are not limited to:
1. Competition Swimming Pool
2. Activity/Recreation Pool
3. Support Building (approx. 4,275 sf) housing space for:
a. Office/ticketing space
b. Locker/dressing/toilet/shower area
c. Lifeguard/first aid/training area
d. Mechanical room
e. Chemical storage rooms
f. Custodial Space
g. Maintenance Technician office/workspace
h. Electrical room
4. Site Features
a. Approx. 2 acres of overall development
b. Shade structures
c. Utility connections
d. Fencing (site security & pool area)
e. Lighting
f. Sidewalks & paths of travel
g. Deck space
h. Landscaping
The estimated duration of construction is approximately 15 months.
SUMMARY OF STRUCTURAL ELEMENTS includes (but is not limited to):
Earthwork/Civil Improvements
1. Demo work as per sheet C1.01,
2. Grading as per sheets C2.01, C2.02,
a. With about 2,790CY of cut & 1,760CY of fill, as per C0.01,
3. New AB/AC/PCC areas as per C5.01,
4. Underground Utilities:
CITY OF WOODLAND - SOUTHEAST AREA AQUATIC COMPLEX
Task 4 – Special Inspections and Geotechnical & Materials Testing Rough Order of Magnitude Estimate and T&I Scope
Woodland Aquatic Complex Project (CIP 19-18)
2001 East Street, Woodland, CA
April 18, 2024 Page 3 of 6
____________________________________________________________________________________________________________________________________________
a. about 3,000LF of storm drain utility lines to be installed as per C3.01, b. About 1,900LF of utility lines to be installed as per C4.01,
5. Provide 6'' of class 2 aggregate base under pool, over prepared subgrade as per AQ1.4,
6. Light poles & foundation, fence post foundations, drilled piers as per plans, CIP Concrete
1. Support Building as per S2.01,
a. Footings: spread & continuous footings. Est. 40 CY of concrete to be placed. b. SOG: 5” thick. Est. 55 CY
2. Main Pool Slab on Grade: 6” to 8” thick including transition areas as per AQ1.5. a. Est. 120 CY of concrete to be placed.
3. Activity Pool Slab on Grade: 6” to 8” thick including transition areas as per AQ2.2 a. Est. 90 CY of concrete to be placed.
4. 10" concrete pit wall below slab as per 03A/S6.02 as noted on sheet A2.01,
5. Miscellaneous CIP Items:
a. surge chamber, stairs, drains, gutters, scoreboard footings as per AQ1.10 b. walkway canopy foundation as per S2.03 & S2.04
i. Install about 13 drilled piers 3.5’/4’ dia. by 8/8.5 feet deep. Est. 40 CY of conc.
Shotcrete Walls
1. Pool walls will be cast with shotcrete as per AQ1.5, Walls appear to be 8” thick.
2. Wall heights vary as per plans. Est. < 100 CY of shotcrete to be placed.
CMU Walls
1. About 4,400sf of CMU walls to be installed at locations as per S2.01, Steel Items:
a. About 56 WF beams to be installed as per S2.02,
b. About 60 HSS columns/supports,
c. Details of connections for the HSS & WF & Metal decking is not available. i. We have assumed embeds will be installed in the CMU, ii. Welded & bolted connections to be installed.
Spray Applied Fireproofing (SAFP)
1. As noted on the City of Woodland Special Inspection Agreement form:
a. The plans provided do not show any SAFP.
b. We have assumed that if any SAFP is needed it may be limited to the steel supports & metal decking located in the pump room.
SCOPE OF SERVICES
Based on our review of the available project documents, we have identified the following special inspections and materials testing services that we have included and excluded from this proposal.
SCOPE OF WORK INCLUSIONS (As Applicable)
1. Geotechnical Observation & Testing
a. Review project geotechnical reports,
b. Soil acceptance/classification (PI, LL, compaction/proctor curves, sieve analysis, etc.) c. Includes: grading, backfilling, compaction testing under building pads, equipment pads, footings, foundation, AB/AC/PCC areas
Observation and Testing during the following stages of grading:
CITY OF WOODLAND - SOUTHEAST AREA AQUATIC COMPLEX
Task 4 – Special Inspections and Geotechnical & Materials Testing Rough Order of Magnitude Estimate and T&I Scope
Woodland Aquatic Complex Project (CIP 19-18)
2001 East Street, Woodland, CA
April 18, 2024 Page 4 of 6
____________________________________________________________________________________________________________________________________________
a. During the clearing and grubbing of the site.
b. During the demolition of any existing structures, buried utilities, or other existing improvements. c. During excavation and over excavation of compressible soils. d. During all phases of grading including ground preparation and filling operations. e. When any unusual conditions are encountered during grading. f. A final geotechnical report summarizing conditions encountered during grading should be submitted upon completion of the rough grading operations.
Post-Grading Geotechnical Observation and Testing:
a. During trenching and backfilling operations of buried improvements and utilities to verify proper backfill and compaction of the utility trenches.
b. After excavation and prior to placement of reinforcing steel or concrete within footing trenches to verify that footings are properly founded in competent materials. c. During fine or precise grading involving the placement of any fills underlying driveways, sidewalks, walkways, or other miscellaneous concrete flatwork to verify proper placement, mixing and compaction of fills.
d. When any unusual conditions are encountered during construction.
2. Cast in Place Concrete
a. Periodic: Placement of reinforcing steel/anchors – bar size, grade, spacing, clean, clearance, properly tied & etc.
b. Cast in place concrete – laboratory and field: concrete sampling, slump, cylinders and placement inspections, compressive strength testing, etc.
c. Inspect bolts/anchors to be installed in concrete prior to and during placement of concrete, d. Verify use of required design mix,
e. Continuous: inspection of concrete placement for proper consolidation techniques, f. Periodic: inspection for maintenance of specified curing temperature and technique, g. Periodic: inspect formwork for shape, location and dimensions of the concrete member being formed.
h. No batch plant inspections are required.
3. Shotcrete Construction –laboratory and field
a. Continuous inspection by an approved inspector is required of all shotcrete placement as per AQ1.5. b. Shotcrete shall be tested and inspected per CBC 1705A.3 and ACI 318 as per AQ1.5. c. Nozzleman qualifications,
d. Pre-& Production test panels,
e. Cast one test panel for each 50cuyds or less per day, f. Coring of test panels,
g. Obtain cores compressive strength testing,
h. Reinforcing steel placement inspections,
i. Shotcrete placement,
4. Masonry Construction
a. Mortar, grout, reinforcing, blocks, prisms – material verification, b. Proportions of site-mixed mortar,
c. Pre-construction tests of blocks for compression & absorption, (not needed) d. Placement of masonry units and construction of mortar joints e. Placement of reinforcement, connectors, and anchorages f. Inspect grout space prior to grouting, placement of grout g. Observe preparation/provide testing of grout specimens, mortar specimens, and/or prisms
CITY OF WOODLAND - SOUTHEAST AREA AQUATIC COMPLEX
Task 4 – Special Inspections and Geotechnical & Materials Testing Rough Order of Magnitude Estimate and T&I Scope
Woodland Aquatic Complex Project (CIP 19-18)
2001 East Street, Woodland, CA
April 18, 2024 Page 5 of 6
____________________________________________________________________________________________________________________________________________
5. Structural Steel, Welding – field & shop
a. Shop fabrication assumed within 50 miles of project site or STL Office b. Welding Procedure Specifications (Shop/Field) Review c. Review structural steel manufacturer's certified mill test reports for material traceability and proper material ID, heat numbers & etc.
d. Steel frame member locations
e. Continuous: complete and partial penetration groove welds f. Continuous: fillet welds > 5/16" and multi-pass fillet welds g. Periodic: fillet welds < 5/16", Periodic: metal deck welds, light gauge metal welds h. Periodic: weld filler material identification markings to conform to AWS Standards specified in the approved construction documents, manufacturer's certification of compliance, i. NDT: UT/MT as needed when required by the project documents.
6. Spray Applied Fireproofing/Intumescent Fireproofing
a. Measure thickness of spray-applied fire-resistive material in accordance with specifications and CBC requirements,
b. Remove and deliver samples to materials engineering laboratory for unit weight tests, c. Perform cohesive/adhesive bond strength tests per ASTM E736, (every 2,500sf) d. Re-inspect areas repaired due to insufficient thickness or damage, (if needed), e. (AWCI), Technical Manual 12-B, "Standard Practice for the Testing and Inspection of Field Applied Thin-Film Intumescent Fire-Resistive Materials
f. Test and inspect as required by the CBC, Subsection 1705.15, "Mastic and Intumescent Fire -Resistant Coatings."
7. Post Installed Anchors/Epoxy Doweling
a. Installation inspections and load tests of post installed anchors/dowels – epoxy and/or expansion b. Observations Procedures:
o Identify the substrate as standard concrete, lightweight concrete, CMU, or brick, o Report the design strength of the concrete and age if known, o Report the orientation of the hole,
o Check depth, diameter, and cleanliness of holes,
o Check holes spacing for compliance to specifications, c. Expansion Anchors:
o Anchor for size (diameter) and length
o Verify correct load was applied to expansion anchors during installation process, d. Epoxy Anchors/Dowels:
o Using correct epoxy for approved use & check expiration date o Verify epoxy is being installed properly,
o Check holes after placement of inserts to verify fullness of epoxy contact, o Record ambient temperature and note if outside of specified range, o Verify if load testing will be needed once epoxy has properly cured,
8. Other
a. Management oversight, administrative and technical support b. Mix design review, WPS review, bi-weekly progress reports, final reports, etc.
CITY OF WOODLAND - SOUTHEAST AREA AQUATIC COMPLEX
Task 4 – Special Inspections and Geotechnical & Materials Testing Rough Order of Magnitude Estimate and T&I Scope
Woodland Aquatic Complex Project (CIP 19-18)
2001 East Street, Woodland, CA
April 18, 2024 Page 6 of 6
____________________________________________________________________________________________________________________________________________
SCOPE OF WORK EXCLUSIONS
1. Geotechnical design recommendations (by G.E. of Record)
2. Structural observations (by S.E. of Record)
3. Contingency for Unknowns ADD Alternate #1. These can include:
a. The need for any additional Material Testing & Inspections not captured, b. The actual means & methods constructability that will be employed during construction, c. The location any source suppliers that will be utilized, d. The actual amount of requested site visits, additional shop welding, & etc. e. Amount of engineering technical support that maybe needed, & etc. f. Overtime, travel, trips, equipment and other reimbursables
4. Waterproofing Installations (by Others)
5. Any other inspections and/or testing not specifically addressed above*
If the scope of work outlined is not accurate or has changed, please inform us immediately and we will revise our estimate for materials testing and special inspection for this project.
CITY OF WOODLAND - SOUTHEAST AREA AQUATIC COMPLEX
April 18, 2024
Proposal to Provide Special Inspection and Testing Services Woodland Aquatic Complex Project (CIP 19-18)
2001 East Street, Woodland, CA
Earthwork/Civil Improvements Estimated Units Rate Amount Compaction Testing & Observation:
Field Tech: Grading/Compaction Testing, under new AB/AC/PCC areas, Utilities/Backfilling, (Continuous during backfilling) etc. 320 \hours 120.00$ 38,400.00$ Laboratory & Engineering Services:
Soils Compaction Curve (ASTM D-1557) 3 \each 365.00$ 1,095.00$ Soil Classification (Plasticity Index / Liquid Limit) 3 \each 295.00$ 885.00$ Soil Classification (Expansion Index Test) 3 \each 390.00$ 1,170.00$ Sieve Analysis, Coarse and Fine Including Wash 3 \each 225.00$ 675.00$ Subtotal: 42,225.00$
Div. 3 Cast-In-Place Concrete Rate Amount
Reinforcing Steel/Anchors Placement Inspection:
Footings 8 \hours 120.00$ 960.00$
Slab on Grade 24 \hours 120.00$ 2,880.00$ Misc. Concrete Items. 40 \hours 120.00$ 4,800.00$ Concrete Placement Inspection:
Footings 8 \hours 120.00$ 960.00$
Slab on Grade 24 \hours 120.00$ 2,880.00$ Misc. Concrete Items. 40 \hours 120.00$ 4,800.00$ Post Installed Anchors & Dowels 40 \hours 120.00$ 4,800.00$ Sample Transportation To Laboratory 60 \hours 75.00$ 4,500.00$ Laboratory Testing Services & Equipment:
Concrete Compression Test (using 4x8 cylinders) inc molds 75 \each 45.00$ 3,375.00$ Subtotal: 29,955.00$
Div. 3 Shotcrete Walls (Est. 100 CY for Pool Walls) Rate Amount Shotcrete Pre-Construction Mock-Up/Production
Inspection of Nozzleman Placement at Mock-Up Panel 8 \hours 120.00$ 960.00$ Shotcrete Coring of Pre-con Test Panels (by sub) 8 \hours 225.00$ 1,800.00$ Shotcrete Rebar Placement Inspections 40 \hours 120.00$ 4,800.00$ Shotcrete Placement Inspections (assumed 5 trips) 40 \hours 120.00$ 4,800.00$ Sample Transportation To Laboratory 24 \hours 75.00$ 1,800.00$ Laboratory & Engineering Services:
Shotcrete Coring of Production Test Panels 24 \hours 225.00$ 5,400.00$ Compressive Strength of Cores 21 \each 85.00$ 1,785.00$ Subtotal: 21,345.00$
Concrete Masonry Units Estimated Units Rate Amount
Placement Inspection
Inspection of Masonry Units, Rebar, Mortar and Grouting 80 \hours 120.00$ 9,600.00$ Sample Transportation To Laboratory 40 \hours 75.00$ 3,000.00$ Laboratory Testing Services:
Masonry Unit Strength Testing 9 \each 195.00$ 1,755.00$ Mortar Compression Tests inc molds 12 \each 55.00$ 660.00$ Grout Compression Tests inc molds 30 \each 55.00$ 1,650.00$ Subtotal: 16,665.00$
Div. 5 Structural & Miscellaneous Steel Rate Amount
Structural Steel Fabrication & Erection:
Shop Welding Inspection/NDT 80 \hours 120.00$ 9,600.00$ Field Welding Inspection/Bolting/NDT 120 \hours 120.00$ 14,400.00$ Laboratory Testing Services & Equipment:
Base Plate Grout Compression Tests 6 \each 55.00$ 330.00$ Subtotal: 24,330.00$
Estimated Units
Estimated Units
Estimated Units
Div. 4
CITY OF WOODLAND - SOUTHEAST AREA AQUATIC COMPLEX
April 18, 2024
Proposal to Provide Special Inspection and Testing Services Woodland Aquatic Complex Project (CIP 19-18)
2001 East Street, Woodland, CA
Div. 7 Spray Applied Fireproofing Rate Amount
Placement Inspection (Periodic - as needed):
Periodic Inspection of Application & Thickness verifications 16 \hours 120.00$ 1,920.00$ Sample Transportation To Laboratory 8 \hours 75.00$ 600.00$ Laboratory Testing Services:
Bond Tests ASTM E736 Kits 3 \each 125.00$ 375.00$ Density Tests ASTM E605 3 \each 175.00$ 525.00$ Subtotal: 3,420.00$
Rate Amount
Pre-Construction Meeting/Project Manager/Safety Manager 16 \hours 185.00$ 2,960.00$ Project Engineers Reviews, Mix Designs, and Weekly Summary 24 \hours 195.00$ 4,680.00$ Final Report 2 \each 425.00$ 850.00$
Project Administration 1 \each 10% 14,643.00$
Subtotal: 23,133.00$
161,073.00$
Project Staff Load & Cost Summary Hours Cost
Earthwork/Civil Improvements: 320 42,225.00$
Cast-In-Place Concrete: 172 29,955.00$
Shotcrete Walls: 120 21,345.00$
CMU/Masonry: 80 16,665.00$
Structural & Miscellaneous Steel: 200 24,330.00$
Spray Applied Fireproofing: 16 3,420.00$
Project Administration & Engineering: 24 23,133.00$
908 161,073.00$
Contingency for Unknowns Total Amount
Contingency of 20% of total budget (travel, trips, equipment, scope changes, schedule drifts, etc) 20 % 161,073.00$ 32,214.60$ Subtotal: 32,214.60$
1 The unit rates for laboratory testing include all required laboratory technician costs, sample storage and disposal charges. 2 3
4 5
Estimated Units
ADD Alternate
#1
Special Inspection Staff Schedule:
Professional Services Estimated Total:
Labor rates are based upon Union wage/prevailing wage requirements. Annual increase of 5% will occur after July 1, 2025.
Additional Comments
Regular work day is from 7:00 am to 4:00 pm, Monday - Friday. Inspector rates are based on a two-hour minimum/show-up cancellation and four-hour increments.
This estimate was based upon review of the available bid set project documents consisting of LPA (Draft A & C-plans) dated 3/1/24, Limited Draft S plans dated 12/21/23, City of Woodland RFP (CIP 19-18) dated 3/22/24, The project’s Geotechnical Report was not available, A production schedule was not available, The project specification manual was not available. Please recognize that the estimate of total cost for the scope of services described herein is provided in good faith but is intended as an estimate only. There are many variables that may affect the performance of professional services (including, without limitation, schedule adjustments and conditions in the field, coordination with other trades, field change orders, re-inspections, contractor staffing, weather, materials availability and the like).
Standard payment terms are net-30 days; therefore, all payments are due 30 days from the date of invoice. Accounts are considered past due thereafter and may be assessed a finance charge of one and a half percent per month service charge (eighteen percent per annum).
Project Administration & Engineering Estimated Units
Estimated Units
CITY OF WOODLAND - SOUTHEAST AREA AQUATIC COMPLEX
WOODLAND AQUATIC CENTER
SIGNET TESTING LABORATORIES, INC. 3526 Breakwater Court ● Hayward, California 94545 ● Ph: 510.887.8484 Fax: 510.259.1068 April 18, 2024 PROVIDING QUALITY SINCE 1966 Page 1 of 7 2024-2025 SCHEDULE OF FEES AND SERVICES
PROFESSIONAL SERVICES
1005 Principal Engineer ................................................ $225.00/hour 1010 Geotechnical Engineer .......................................... 225.00/hour 1015 Project Engineer / Executive ................................. 195.00/hour 1020 Staff Engineer ........................................................ 185.00/hour 1025 Project Manager .................................................... 185.00/hour 1030 Quality Control Manager ........................................ 185.00/hour 1032 Lead Construction Inspector /Resident Inspector . 145.00/hour 1035 Laboratory Technician ........................................... 140.00/hour 1040 Technical Assistant, Administrative ......................... 95.00/hour
INSPECTION AND TESTING SERVICES
Soils / Asphalt Concrete:
2001 Soil Compaction Testing & Observation ............. $120.00/hour 2104 Soils Observation & Sampling w/o compaction..... 120.00/hour 2102 AC Compaction Testing & Observation ................ 120.00/hour 2111 AC Placement Obs. & Sampling w/o compaction . 120.00/hour 2105 AC Batch Plant Inspection / Sampling ................... 120.00/hour 2110 Material Sampling / Transportation........................ 120.00/hour 2205 Pile / Pier Installation Observation ......................... 155.00/hour
Portland Cement Concrete / Shotcrete / Gunite:
3103 Concrete Placement Inspection .......................... $120.00/hour 3104 Concrete Sampling Only ........................................ 120.00/hour 3105 PCC Batch Plant Inspection .................................. 120.00/hour 3110 NS Grout Inspection / Sampling ............................ 120.00/hour 3123 Prestressed Concrete Pile Plant Inspection .......... 120.00/hour 3503 Shotcrete / Gunite Placement Inspection .............. 120.00/hour 3501 DSA Shotcrete / Gunite Placement Inspection ..... 175.00/hour
Reinforcing Steel / PT Strand:
3102 Rebar Placement Inspection ............................... $120.00/hour 3609 Rebar / PT Strand ID Sampling / Tagging ............. 120.00/hour 3208 PT Strand Stressing Inspection ............................. 120.00/hour
Masonry:
3701 DSA Continuous Masonry Inspection ................. $175.00/hour 3703 Continuous Masonry Inspection ............................ 120.00/hour 3706 Masonry Brick / Veneer Inspection ........................ 120.00/hour 3710 Periodic Masonry Inspection ................................. 120.00/hour 3715 Masonry Sampling / Tagging ................................. 120.00/hour
Structural Steel:
5101 Field Welding Inspection ..................................... $120.00/hour 5103 High Strength Bolting Inspection ............................120.00/hour 5104 Field UT Testing .....................................................120.00/hour 5105 Field MT Testing .....................................................120.00/hour 5106 Field PT Testing .....................................................120.00/hour 5201 Shop Welding Inspection ........................................120.00/hour 5202 Shop MT Testing ....................................................120.00/hour 5203 Shop PT Testing .....................................................120.00/hour 5204 Shop UT Testing .....................................................120.00/hour 5205 Shop Material ID .....................................................120.00/hour
Spray-Applied Fire Resistive Materials (SFRM) Fireproofing:
6002 Pre-Application & Installation ............................... $120.00/hour 6002 Field Measure Thickness .......................................120.00/hour 6002 Sampling .................................................................120.00/hour 6003 Bond Strength Testing ............................................120.00/hour
Roof / Wood / Waterproofing Division:
7003 Built-up Roofing Placement Inspection ............... $185.00/hour 7004 Diaphragm Nailing Inspection ................................155.00/hour 7005 Shear Wall Nailing Inspection ................................155.00/hour 7060 Waterproofing Inspection .......................................185.00/hour 8501 Glue Laminated Beam Inspection ..........................275.00/hour
Specialty Testing Division:
9001 Anchor Load / Torque Testing ............................. $120.00/hour 9006 Witness Dowel / Anchor Installation .......................120.00/hour 9008 Pachometer ............................................................185.00/hour 9007 Schmidt Hammer Testing .......................................185.00/hour 9011 Ground Penetrating Radar Survey (GPR) ............295.00/hour 8161 Floor Flatness Survey (Dipstick) ...........................245.00/hour 8220 Moisture Vapor Emission Testing ..........................185.00/hour 7062 Moisture Content Testing .......................................185.00/hour 9703 Coatings Inspection ................................................195.00/hour 3108 Coring Technician, One Man..................................295.00/hour 9705 Specialty Technician (FRP, Firestopping, etc) .......225.00/hour
Sample Pick-Up and Equipment Transport:
0209 Pick-Up / Delivery ...................................................$75.00/hour
Transportation of samples when scheduled outside of normal business hours will incur premium rates. Note: Above rates shall be defined as “Basic Rates”; these rates do not include any applicable premium rates as presented in the Basis of Charges.
FIELD TESTING EQUIPMENT RATES
1610 Anchor Load / Epoxy Tester / Torque Wrench ... $20.00/hour 1611 Nuclear Gauge or Sand Cone ............................... 20.00/hour 1612 Skidmore Wilhelm H. S. Bolt Calibrator ................. 35.00/hour 1613 UT / MT / PT Gauge ............................................... 20.00/hour 1614 Floor Flatness ......................................................... 75.00/hour 1615 Paint Coating Gauge / Moisture Meter ................. 20.00/hour 1617 Ground Penetrating Radar ..................................... 65.00/hour 1618 Pachometer / Profometer / Schmidt Hammer .....$25.00/hour 1619 Coring Equipment (Drill, bits, generator, etc.) ....... 95.00/hour 1620 Core Barrel Usage (per inch drilled) ......................... 15.00/inch 1621 Fireproofing Cohesion / Vapor Emission / RH .... 95.00/each 1622 FRP Test Pucks ..................................................... 60.00/each 1623 Concrete Testing (Air Meter, Slump, Scale) ....... 20.00/hour
CITY OF WOODLAND - SOUTHEAST AREA AQUATIC COMPLEX
2024-2025 SCHEDULE OF FEES AND SERVICES
SIGNET TESTING LABORATORIES, INC. 3526 Breakwater Court ● Hayward, California 94545 ● Ph: 510.887.8484 Fax: 510.259.1068 April 18, 2024 PROVIDING QUALITY SINCE 1966 Page 2 of 7
BASIS OF CHARGES
Signet is signatory to a labor agreement with Operating Engineers Local Union No. 3 (OE3) and our inspection and testing personnel are members of OE3.
With consideration of Prevailing Wage requirements, as determined by the California Department of Industrial Relations, and the labor agreement with OE3, we have minimum charges for field services and premium time rates that correspond to labor costs as set within the prevailing wage determination, OE3 labor agreement requirements, and our overall cost structure. Including:
Minimums & Increments: Hours
Show-Up Cancellation Time* ........................................................................... 2 Work Performed 0-4 hours ............................................................................... 4 Work Performed 4-8 hours ............................................................................... 8 Work Performed + 8 hours ............................................................................... 2 When required to work thru lunch ............................... 0.5 Hr @ 2X Basic Rate
* Show-up time for scheduled work with no work performed and notice of cancellation of less than 4 hours (notice must be provided by telephone to our dispatcher during normal business hours of 7 AM to 3 PM). Premium time rates will apply for work performed outside of normal business hours.
Premium Charges Added to Hourly Rates*:
Shift Differential** ................................................................... Basic Rate + 20% Over 8 hours on Weekdays ..................................................... 1.5 x Basic Rate First 8 hours on Saturday ......................................................... 1.5 x Basic Rate Over 12 hours on Weekdays ...................................................... 2 x Basic Rate Over 8 hours on Saturday ........................................................... 2 x Basic Rate Sunday and Holidays .................................................................. 2 x Basic Rate
* Shall also apply to Professional Services Staff
** A Shift schedule starts after 2:00 PM or before 4:00 AM and requires 5 consecutive days of service during our normal work week. Less than 5 days of consecutive shift work will result in additional charges including OT and DT due to rescheduling staff around our normal workday schedule.
Travel Time:
Services, including mileage and travel time, are charged portal to portal from point of dispatch and are included in minimums and increments. Travel time will be invoiced in accordance with the associated service rate and when applicable include any premium charges associated with performing the work. Where specialty equipment is required, such as a nuclear density gauge which must be stored at our State licensed facility, or proof -load test equipment, the technician’s reporting location is the laboratory.
Trip Charges:
0217 Trip Charge (0-25/miles of Signet office) ............................ $75.00/Trip 0218 Trip Charge (26-50/miles of Signet office) ............................ 95.00/Trip 0218 Trip Charge (50/miles plus of Signet office) ........................ 145.00/Trip
Reimbursable Expenses:
0208 Mileage .................................................................................... 0.85/Mile 0205 Per Diem (or Cost + 20% whichever is greater) ................. 145.00/Day 0207 Equip. Rental / Cure Box / Notary / Expenses................... Cost + 20% 0105 Outside / Subcontracted Services ..................................... Cost + 20% 0204 Parking / Tolls ..................................................................... Cost + 20%
Final Reports & Affidavits* (Special Inspection Projects Only):
0216 Engineer’s Final Report Letter ........................................ $425.00 Each 0215 DSA/OSHPD Verified Report ............................................ 795.00 Each * Outstanding issues of inspection, testing, and payments must be resolved to Signet’s satisfaction prior to release of the final report/affidavit.
Expedited Services (Rush Charge):
Where laboratory tests are to be performed on an immediate need basis (tests to be initiated out of order received and regardless of status of other previously received samples) the expediting fee is 100% of the associated unit rate. Same day request for engineering, technical or field inspection service and accelerated final report processing shall be billed an expediting fee of 50% of the associated unit rate.
Project Coordination, Engineering, and Management:
1. A minimum of one-half hour per $5,000.00 in invoiced services per week will be charged for Project Engineer to review daily field reports, prepare and update non- conformance/exception tracking records, and preparation of a weekly summary report, smart tablets, and cloud-based report access.
2. Project Engineer / Project Manager performing review of contractor submittals, laboratory test results, and other professional services are billed two-hour minimum/increment.
3. Special Handling Fee will be added to all invoices for Client required customization to standard processes such as billing, invoice submission, certified payroll, pay applications, special dispatch requests, etc.………....……………………………….….……….…3%
4. Project Administration Fee will be added to all invoices to cover project administration costs related to office project coordination, standard dispatch, report processing, typing, postage, and on-line access to all reports………………………………………………………..….…......10%
Invoices will be submitted on a bi-weekly basis and are due upon receipt. Unpaid invoices aging beyond 30 days of the invoice date are subject to late charges equal to 1.5 % per month until paid. All services are billed on a time and material basis in accordance with this schedule of fees and/or, if provided, a project specific fee proposal. It is the client’s responsibility to notify Signet in writing prior to the start of work affected by Prevailing Wage requirements that may be imposed on the project.
Failure to properly notify Signet will result in customer being responsible for all fees, penalties, or other costs associated with meeting these requirements. In addition, all affected rates will be increased 30 percent to account for additional costs to comply with prevailing wage requirements not identified in advance of submitting this schedule of fees and/or our project specific fee proposal.
Coordinated Inspections: If Signet or its agents will be performing in -shop inspections of fabrication or assembly, Client understands that Signet may perform coordinated inspections and bill accordingly. The industry standard requires that continuous inspection mandates a continuous presence in the facility for assembly or fabrication.
Anticipated Costs: Client recognizes and agrees that any "anticipated costs", "budget estimates", or the like that may be prepared by Signet are NOT "guaranteed maximums", "lump sums", or "not-to-exceed” totals. Client will be invoiced for all work performed.
Subcontractors: As required to accommodate the construction schedule, Signet may use contract special inspectors to augment our staff. Services performed by contract providers will be billed as Signet employees . Subcontractor rates exceeding our quoted rates will be billed as outside services at cost plus 20%.
Our Fee Schedule and project specific rates are valid through June 30 of each year and are subject to a minimum increase of 5.0% on July 1. For services performed after June 30 fees for any on-going projects will be subject to this increase based on OE3 labor and benefits increases and cost of living adjustments.
CITY OF WOODLAND - SOUTHEAST AREA AQUATIC COMPLEX
2024-2025 SCHEDULE OF FEES AND SERVICES
SIGNET TESTING LABORATORIES, INC. 3526 Breakwater Court ● Hayward, California 94545 ● Ph: 510.887.8484 Fax: 510.259.1068 April 18, 2024 PROVIDING QUALITY SINCE 1966 Page 3 of 7
LABORATORY TESTING
SOILS AND AGGREGATES
Aggregate Property Tests:
Acid Solubility
4260 ......................................................................................... $345.00 each
Aggregate Angularity AASHTO T304
4245 Fine Aggregate ................................................................. 365.00 each
Clay lumps and Friable Particles ASTM C142
4211 ........................................................................................... 295.00 each
Cleanness Value CTM 227
4213 1" x #4 (or finer) ............................................................... 325.00 each 4214 1-1/2” x ¾” ......................................................................... 555.00 each 4290 2-1/2” x 1-1/2” .................................................................... 950.00 each 4291 Pit Run ............................................................................... 490.00 each
Crushed Particles (percent) CTM 205
4225 ........................................................................................... 295.00 each
Durability Index CTM 229
4230 Course Fraction ................................................................. 395.00 each 4231 Fine Fraction ...................................................................... 365.00 each
Flat and Elongated Particles ASTM D4791
4224 ........................................................................................... 375.00 each
Los Angeles (LA) Abrasion and Impact ASTM C131/CTM 211
4219 500 revolutions .................................................................. 425.00 each 4220 100 & 500 revolutions ....................................................... 595.00 each
Los Angeles (LA) Abrasion and Impact ASTM C535
4221 (for large size coarse aggregate) 1000 revolutions ....... 695.00 each
Mohs Hardness
4261 ........................................................................................... 495.00 each
Organic Impurities in Fine Aggregates ASTM C40 / CTM 213 4209 ........................................................................................... 325.00 each
Relative Mortar Strength Of Portland Cement Concrete Sand CTM 515 4270 ........................................................................................... 975.00 each
Sand Equivalent ASTM D2419/CTM 217
4212 ........................................................................................... 365.00 each
Soundness of Aggregates ASTM C88/CTM 214
4207 by use of sodium or magnesium sulfate, fine or coarse, 5 cycles (billed per fraction, minimum charge $350.00) ............ 295.00 each
Specific Gravity & Absorption
4215 Fine Aggregate ASTM C128/CTM 207 ............................ 295.00 each 4216 Course Aggregate ASTM C127/CTM 206........................ 285.00 each
Unit Weight (Bulk Density) and Voids in Aggregate ASTM C29/CTM 212 4210 Unit weight (average of 3 tests) ........................................ 265.00 each
Voids in Mineral Aggregate CTM LP-2
4246 Calculated .......................................................................... 295.00 each
Compaction Characteristics - Moisture / Density Relationships:
Standard Proctor ASTM D698 / AASHTO T99
2237 4” mold ............................................................................. $425.00 each 2238 6” mold ............................................................................... 475.00 each 2242 Checkpoint for identification of material ............................ 265.00 each
Modified Proctor ASTM D1557 / AASHTO T180
2239 4” mold ............................................................................... 425.00 each 2240 6” mold ............................................................................... 475.00 each 2242 Checkpoint for identification of material ............................ 265.00 each
Rock Correction of Moisture/Density Curve ASTM D4718
4208 ........................................................................................... 245.00 each
California Impact CTM 216
2243 ........................................................................................... 575.00 each
Classification and Index Tests:
Atterberg Limits (Plasticity Index) ASTM D4318
2225 Dry Prep Method B .......................................................... $465.00 each 2226 Wet Prep Method A ........................................................... 425.00 each
Classification of Soils (Unified Soil Classification System ASTM D2487 2234 Visual Classification .......................................................... 165.00 each 2269 Stiffness by Torvane/Pocket Penetrometer ................... 195.00 each
Moisture Content ASTM D2216
2221 Individual test ..................................................................... 110.00 each
Moisture and Density ASTM D7263b
2222 Sample Diameter to 3” ...................................................... 195.00 each 2223 Sample to 6” Diameter ...................................................... 265.00 each
Organic Content of Peat and Other Organic Soil ASTM D2974 2233 ........................................................................................... 265.00 each
Particle Size Analysis ASTM C136/CTM 202
4203 Coarse aggregate (#4 to 1-1/2" maximum) ..................... 365.00 each 4204 Coarse aggregate (#4 to 3") .............................................. 365.00 each 4205 Total sieve coarse and fine (to 1-1/2" maximum) ............. 465.00 each 4206 Fine aggregate (#4 to #200 w/wash) ................................ 265.00 each 4226 Sieve analysis pit run with #200 wash .............................. 465.00 each 4202 #200 Wash on Aggregate ASTM C117 ............................ 265.00 each 2227 #200 Wash on Soil ASTM D1140 ..................................... 265.00 each
Particle Size Analysis ASTM D422
2228 Sieve (from ½” to #200) ................................................... 265.00 each 2229 Sieve (from 1-1/2” to #200) .............................................. 325.00 each 2230 Sieve (from 3” to #200)...................................................... 325.00 each 2231 Hydrometer test w/ sieve D422/ CTM 203 ....................... 395.00 each
pH of Soil CTM 643/AASHTO T-228
4402 ........................................................................................... 225.00 each
CITY OF WOODLAND - SOUTHEAST AREA AQUATIC COMPLEX
2024-2025 SCHEDULE OF FEES AND SERVICES
SIGNET TESTING LABORATORIES, INC. 3526 Breakwater Court ● Hayward, California 94545 ● Ph: 510.887.8484 Fax: 510.259.1068 April 18, 2024 PROVIDING QUALITY SINCE 1966 Page 4 of 7 Pinhole Test (Classification of Dispersive Clay) ASTM D4647 2235 ........................................................................................... 675.00 each
Porosity (Total)
4280 Includes ASTM D7263 & ASTM D854 ............................. 265.00 each
Specific Gravity Of Soils
4228 by hydrometer ASTM D854/CTM 203 .............................. 275.00 each 2232 (-#4) by pycnometer ASTM D854/CTM 209.................... 265.00 each
GEOTECHNICAL LABORATORY
Consolidation Properties:
2256 Consolidation (1 cycle, 1 time rate) ASTM D2435 ..... $595.00 each 2257 For each additional Time-Rate curve ........................... 265.00 each 2258 Unload-Reload loop (per point) .................................... 125.00 each 2259 Trim to test from 3” sample ............................................ 95.00 each
Expansion & Collapse Tests:
2261 Expansion Index UBC / ASTM D4829 ....................... $565.00 each One-Dimensional Swell or Collapse ASTM D4546
2210 Method A (4-point curve) ...................................... 1,150.00 each 2211 Method B .................................................................. 440.00 each 2212 Method C .................................................................. 425.00 each 2263 Collapse potential ASTM D5333 .................................. 235.00 each 2264 Shrink-Swell ASTM D3877 .......................................... 265.00 each 2265 Expansion pressure free swell ASTM D3877 .............. 225.00 each
Soil Strength Tests:
California Bearing Ratio ASTM D1883
4240 3 points without compaction curve ................................. $825.00 each
Resistance "R" Value ASTM D2844/CTM 301
4232 Untreated materials ....................................................... ...495.00 each 4234 Cement, lime, or other additives field sample................. 555.00 each 4233 Cement, lime, or other additives laboratory mixed ......575.00 each
Direct Shear Tests, per point (2.5” diameter)
2280 Consolidated-Drained CD (sandy soil) ASTM D3080 .. 325.00 each 2281 Consolidated-Drained CD (clayey soil) ........................ 365.00 each 2281 Consolidated-Drained CD (single point) ...................... 195.00 each
Unconfined Compressive Strength
2267 Cohesive soil ASTM D2166 ......................................... 195.00 each 4241 Soil-Cement cyl. (mixed in the lab) ASTM D1633 .......... 285.00 each 4242 Soil-Cement cyl. (field mixed) ASTM D1633 ................... 265.00 each 4243 CTB (mixed in the lab) ASTM D1633 .............................. 285.00 each 4244 CTB (field mixed) ASTM D1633 ....................................... 265.00 each
Cement Treated Base (CTB) Mix Design:
2291 Moisture-Density Relations of Soil -Cement Mixture (each cement content) ASTM D558 ............................... $495.00 each 2292 Particle Size Analysis ASTM C136 ................................... 465.00 each 2293 Sodium Soundness of Aggregates, fine or coarse, 5 cycles (billed per fraction, minimum charge $250.00) ASTM C88 ............... 275.00 each 2294 LA Abrasion ASTM C131 100 & 500 revolutions ............. 495.00 each 2295 Wetting & Drying Soil-Cement Mixtures ASTM D559 ... 1,050.00 each 2296 Freeze &Thaw Soil-Cement Mixtures ASTM D560 ....... 1,650.00 each 4243 CTB Comp. Strength (each cement %t) ASTM D1633 .... 365.00 each 4250 Cement Treated Base Mix Design Report ........................ 950.00 each
Lime Treated Soil Mix Design:
2286 Soil-Lime Proportion ASTM D6276 .............................. $550.00 each 4247 Lime Treated Soil at 1 moisture Content CTM 373 .......... 865.00 each
Additional Costs:
2282 Preparation for 3” diameter specimen ....................... $125.00 each 2283 Remold test specimen ................................................. 135.00 each 2244 Photos ............................................................................ 60.00 each 9801 Foreign Soil Sterilization and Disposal ............................. 165.00 each 9802 Sample Storage............................................................................. QOR 9803 Shipping of samples, liners or containers ........................... Cost +20% 9804 Special handling of contaminated samples .................................. QOR Quote On Request (QOR)
ASPHALTIC CONCRETE
CTM 304/366/305
4101 Stabilometer value of lab mixed sample ......................... $765.00/point 4102 Stabilometer value of premixed sample ........................... 695.00 each 4103 Swell test of bituminous mixture ....................................... 395.00 each
CTM 304/307
4113 Moisture vapor susceptibility including
stabilometer (2 specimens) .............................................. 365.00 each
CTM 382/D6307
4129 Bitumen content of paving mixture by ignition oven (subject to environmental disposal surcharge) ................ 465.00 each 4104 Correction Factor .............................................................. 355.00 each
ASTM D5444/CTM 202
4105 Gradation of extracted sample including #200 washes.... 465.00 each ASTM D1559
4106 Marshall test, premixed sample 3 specimen .................. $450.00 each 4107 Marshall test, lab mixed 3 specimens ............................... 650.00 each 4109 Mix Design: Marshall Method - no aggregate ............... 3,600.00 each 4112 Mix Design: Marshall Method - with aggregate ............. 4,200.00 each 4110 Mix Design: Hveem method - no aggregate .................. 3,400.00 each 4111 Mix Design: Hveem method - with aggregate ............... 3,900.00 each 4138 Marshall RAP Mix Design w/ Agg. Tests, AI MS-2 ........ 5,000.00 each 4139 Caltrans RAP Mix Design w/ Agg. Tests, CTM 367 ...... 4,600.00 each
CTM 308/ASTM D2726
4114 Specific gravity of compacted sample .............................. 295.00 each
CTM 308/ASTM /D1188
4115 Specific gravity of AC - paraffin coated ............................. 295.00 each
CTM 304/375
4128 Test maximum density (TMD), set of 5 specimens .......... 525.00 each
ASTM D2041
4116 Rice Gravity ....................................................................... 345.00 each
CITY OF WOODLAND - SOUTHEAST AREA AQUATIC COMPLEX
2024-2025 SCHEDULE OF FEES AND SERVICES
SIGNET TESTING LABORATORIES, INC. 3526 Breakwater Court ● Hayward, California 94545 ● Ph: 510.887.8484 Fax: 510.259.1068 April 18, 2024 PROVIDING QUALITY SINCE 1966 Page 5 of 7 ASTM D1075
4133 Index of retained strength, pre-mix ................................... 700.00 each 4134 Index of retained strength, lab mix .................................... 980.00 each 4125 Index Retained Stability - pre mix ..................................... 700.00 each 4126 Index Retained Stability - lab mix ...................................... 850.00 each
ASTM D4867/AASHTO
4127 Tensile strength ratio, pre-mix ........................................ 1,350.00 each 4117 Tensile strength ratio, lab mix ........................................ 1,675.00 each
CTM 303
4119 CKE Coarse ...................................................................... 295.00 each 4120 CKE Fine ........................................................................... 295.00 each 4132 Filmstripping, CTM 302…………………………………….365.00 each
4121 ATPB mix (grade, remix @ 2/2.5/3%) .............................. 665.00 each 4122 Open graded mix evaluation (grade, recombine, mix
@ 3 oil %’s, filmstripping), CTM 368 ................................. 695.00 each
CTM 370
4123 Moisture content of AC by microwave oven ..................... 195.00 each 4135 Calculate Voids Filled with Asphalt, CTM LP-3 ................ 225.00 each 4136 Calculate Dust Proportion, CTM LP-4 .............................. 225.00 each 4137 Calculate Air Voids of HMA, CTM 367 ............................. 265.00 each
CONCRETE / SHOTCRETE
ASTM C39/C567
3111 Compression tests, 6" x 12” and 4” x 8” molded cyls. ...... $45.00 each 3112 Unit weight on concrete cylinder ....................................... 145.00 each 3116 Cylinder Molds (Concrete / Grout / Mortar)......................... 10.00 each 3120 Compression Test Samples Cast by Others ...................... 95.00 each
ASTM C495
3117 Lightweight insulating concrete (3" diameter x 6"
cylinder) Compression tests ................................................ 75.00 each
ASTM C469
9314 Static Young's modulus of elasticity in
compression of 6" diameter x 12" cylindrical
specimen ........................................................................... 825.00 each 3119 Splitting tensile test, 6" diameter x 12" cylinder ................ 225.00 each
ASTM C512
9315 Creep of Concrete in compression (by project quote) ... $1,800.00/min 9316 Equilibrium Density ASTM C567 ...................................... 245.00 each
ASTM C42/C39
3118 Compression test concrete cores ..................................... 165.00 each 3510 Shotcrete core compressive strength ............................... 165.00 each
ASTM C78/C293
3135 Flexural strength of concrete, 6" x 6" x 24" specimen ...... 265.00 each
ASTM C157 (MODIFIED)
3115 Volume change of concrete, per set of 3 (drying
shrinkage test), up to 28 days drying (excludes
trial batch) .......................................................................... 965.00 each
ASTM C109
3113 Compression Tests, 2" cube specimen .............................. 75.00 each ASTM C192
3136 Laboratory Trial Batch (by project quote) ........................ 4,500.00/min
MASONRY
ASTM C140
9401 Gross Area Compression ................................................ $195.00 each 9405 Net Area Compression ..................................................... 225.00 each 9402 Absorption and moisture content (*) ................................. 265.00 each 9403 Linear shrinkage (rapid method) (*) .................................. 710.00 each
ASTM C426
9406 Linear shrinkage (ASTM C426) (*) ................................... 825.00 each 9408 Unit Weight (*) ................................................................... 195.00 each 9404 Dimensional measurement/Equivalent web thickness (*) 195.00 each
UBC Standard
3711 2" x 4" mortar cylinder ......................................................... 75.00 each 3713 Grout sample ....................................................................... 75.00 each 3708 Composite prism ............................................................... 235.00 each
ASTM C1006
9407 Splitting tensile (*) .............................................................. 295.00 each 3717 Compression Test of CMU Core (CBC Title 24) .............. 225.00 each 3718 Shear Test of CMU Core (both face) (CBC Title 24) ........ 275.00 each
ASTM C531
9317 Linear Shrinkage & Coefficient of Thermal
Expansion ......................................................................... 950.00 each
BRICK
ASTM C67
9409 Compression test ............................................................ $195.00 each 9411 Absorption test, saturation coefficient ............................... 225.00 each 9306 Modulus of rupture ............................................................ 225.00 each
CLAY ROOFING TILE
9418 UBC Standard 32-12 Breaking Load .............................. $285.00 each 9419 Water Absorption by 24 -hour Oven Drying (extra
charge for cutting/preparation) .......................................... 345.00 each
BUILT-UP ROOFING
7026 Basic weight analysis ...................................................... $965.00 each
ASTM D2829
7025 Ply separation and complete roof analysis ....................... 925.00 each
FIREPROOFING
6004 Density of sprayed-on fireproofing .................................. $225.00 each 6005 Moisture Content of Sprayed-on Fireproofing .................. 175.00 each
CITY OF WOODLAND - SOUTHEAST AREA AQUATIC COMPLEX
2024-2025 SCHEDULE OF FEES AND SERVICES
SIGNET TESTING LABORATORIES, INC. 3526 Breakwater Court ● Hayward, California 94545 ● Ph: 510.887.8484 Fax: 510.259.1068 April 18, 2024 PROVIDING QUALITY SINCE 1966 Page 6 of 7
STRUCTURAL STEEL AND CARBON STEEL
(Sample preparation and machining not included)
Tensile Testing - yield, ultimate, elongation
9510 To 1" material thickness, inclusive .................................. $185.00 each 9517 Over 1" up to 1-1/2" thickness........................................... 245.00 each 9539 Over 1-1/2" thickness ........................................................ 265.00 each 9519 End-Welded "Nelson" Studs ............................................. 195.00 each
Cold Bend Testing:
9511 To 3/4" material thickness ................................................. 195.00 each 9518 Over 3/4" up to 1-1/4" thickness........................................ 245.00 each
Flattening Tests on Pipe:
9508 To 10" diameter and 3/4" max. wall .................................. 225.00 each
9543 Guided Side, Root or Face Bends and T-Break ............... 225.00 each 9601 Standard Welder Qualification Test .................................. 965.00 each 9605 Macroetch Examination .................................................... 285.00 each
REINFORCING STEEL
Tensile Testing Full Section (yield/ultimate/elongation):
9501 Bar Size through #8......................................................... $195.00 each 9502 #9 through #11 .................................................................. 325.00 each 9503 #14 ..................................................................................... 495.00 each 9504 #18 ..................................................................................... 595.00 each 9552 Coupled rebar through #11 ............................................... 365.00 each 9553 Coupled rebar through #14 ............................................... 495.00 each 9554 Coupled rebar through #18 ............................................... 595.00 each 9509 Cold Bend Testing on Bar Size #11 and smaller .............. 195.00 each 9529 Cold Bend Testing on Bar Size #14.................................. 275.00 each
POST-TENSION / PRESTRESS 7-WIRE STRANDS
Seven-wire strands, ASTM A416, for 1/4" through 1/2" strands 9304 Breaking strength only .................................................... $565.00 each 9305 Yield strength, breaking strength & elongation ................. 695.00 each
MECHANICAL TESTING OF METALLIC PRODUCTS
(sample preparation and machining not included)
9544 Yield strength, tensile, elongation, R/A for 1/2"
diameter or sub-size reduced-section specimen ............ $235.00 each
Hardness Testing (3 points/sample)
9513 Rockwell / Brinell ............................................................... 195.00 each
Charpy Impact Testing (minimum of 3 specimens):
9520 Room Temperature ........................................................... 165.00 each 9521 To minus 100 degrees Fahrenheit .................................... 195.00 each 9522 To minus 150 degrees Fahrenheit .................................... 265.00 each
HIGH STRENGTH BOLTS, NUTS AND WASHERS
(Sample preparation and machining not included)
ASTM A325, A490 AND A449
Bolts: to 1-1/8" diameter inclusive
9526 Proof load ........................................................................ $175.00 each 9514 Ultimate Tensile ................................................................. 195.00 each 9515 Hardness (Rockwell) (*) including sample preparation .... 175.00 each Nuts: to 1-1/8" inclusive
9535 Proof load .......................................................................... 165.00 each 9536 Hardness (Rockwell) (*) including sample preparation .... 175.00 each
Washers: all sizes
9536 Hardness (Rockwell) (*) including sample preparation .... 175.00 each 9516 Carburization Depth .......................................................... 235.00 each
ASTM F959
9537 Load Indicator Washers (LIW), proof load ........................ 185.00 each
SPECIALTY TESTING
ASTM A90
9700 Weight of galvanized coating (subject to environmental disposal fee) .................................................................... $265.00 each 9701 Other materials-aluminum, brass, bronze, fiberglass, etc 195.00 each
MISCELLANEOUS
9903 Calibration of hydraulic ram system (single ram, one pressure gauge to 30 tons) ............................................... 750.00 each 9904 Calibration of hydraulic ram system (single ram, one Pressure gauge to 100 tons) ............................................. 950.00 each 9805 Fiber Reinforced Polymer Tensile / Elongation ............. 1,750.00 each
CITY OF WOODLAND - SOUTHEAST AREA AQUATIC COMPLEX
2024-2025 SCHEDULE OF FEES AND SERVICES
SIGNET TESTING LABORATORIES, INC. 3526 Breakwater Court ● Hayward, California 94545 ● Ph: 510.887.8484 Fax: 510.259.1068 April 18, 2024 PROVIDING QUALITY SINCE 1966 Page 7 of 7
GENERAL TERMS AND CONDITIONS
1. Access. Client is responsible for providing Signet access to the project or facility site as well as safe access to all inspection/testing locations (via suitable ladders, etc.).
2. Scheduling and Cancellation. All inspection services must be scheduled at least 24 hours in advance. For inspections within a 75- mile radius of the applicable Signet office or facility, there is no charge for cancellation if made at least 24 hours in advance.
3. Coordinated Inspections. If Signet or its agents will be performing in-shop inspections of fabrication or assembly, Signet may perform coordinated inspections and bill accordingly. Where continuous inspections are mandated, a continuous presence in the assembly/fabrication facility is required.
4. Final Affidavit. The final inspection report (affidavit) will be issued on the 10th working day following the request for the affidavit by the client’s project representative. However, any outstanding issues of inspection, testing, and accounting (payments) must be resolved to Signet’s satisfaction prior to release of the affidavit. Outstanding issues may include, but are not limited to, approved resolution of Non- Conformance Reports and Requests for Information, 28-day concrete test results, and payment in full for services.
5. Anticipated Costs. Client recognizes and agrees that any "anticipated costs", "budget estimates", or the like that may be prepared by Signet are NOT "guaranteed maximums", "lump sums", or "not-to-exceed” totals. Client will compensate Signet for all services performed.
6. Terms of Payment. (a) Invoice(s) shall be submitted bi-weekly, payments are due within thirty (30) days from date of invoice without retention. Overdue payments are subject to a late payment charge of 1.5% of the invoice amount plus interest at 1.5% per month until all overdue amounts, late charges and interest are fully paid. No dispute shall excuse Client from timely payment of all invoice amounts except amounts specifically disputed by Client in good faith. (b) Signet reserves the right to suspend the services without notice if all invoices are not paid when due, and to terminate the services if all invoices are not fully paid within five (5) days after written notice to Client of Signet’s intent to so terminate. Upon any such termination of services, the entire amount accrued for all services performed shall immediately become due and payable. Client waives any and all claims against Signet, its subsidiaries, affiliates, servants and agents, for suspension or termination of services pursuant to this paragraph. (c) Should Signet refer a past due account to an attorney or collection agency or to file suit for collection, Client agrees to pay all actual expenses and costs incurred thereby, including actual attorney's fees and costs.
7. Warranty. Signet warrants that its services will be in accordance with that degree of care and skill ordinarily exercised under similar circumstances by members of its profession in the vicinity as of the date the services are performed. Customer’s sole remedy for breach of this warranty shall be for Signet to re-perform its services of non-conforming items, provided Client provides written notice to Signet within one (1) year after performance of the non-conforming services. This warranty and remedy is exclusive and is in lieu of any other warranty or representation, express or implied.
8. Working Conditions and Escalation. Signet is subject and/or signatory to one or more agreements with the International Union of Operating Engineers, AFL-CIO covering inspection and testing personnel (the “Labor Agreement”).
Working conditions and hours w ill be enforced in accordance with the applicable Labor Agreement. Compensation for Signet services is subject to adjustment on July 1st of each year to cover any increase in Signet’s cost due to changes in wages, benefits, working conditions and other provisions of the Labor Agreement or a successor labor agreement, plus corresponding changes in our general administrative and overhead expense.
9. Insurance. Signet carries all insurance required by law. Additional cost of insurance certificates, co-insurance endorsements, or additional insurance will be reimbursed by Client.
10. Limitation of Liability. To the fullest extent permitted by law, in no event, whether due to or based on delay, contract, tort, negligence, strict liability, warranty, indemnity, error, omission or any other legal theory, shall Signet or its sub-consultants or their directors, officers, employees and agents be liable under or in connection with this Agreement or the performance or non - performance of the services (a) for any special, indirect, consequential, incidental or punitive damages, or for loss of use, loss of revenue or profit (actual or anticipated), increased cost of construction, claims of customers of Client, or any liquidated damages incurred by Client, or (b) in an aggregate amount in excess of the greater of $10,000 or 25% of the total amount actually paid to Signet pursuant to this Agreement.
11. Governing Law and Venue. All contract issues and matters of law will be adjudicated in accordance with the laws of the State of California (excluding any provisions or principles thereof which would require the application of the laws of a different jurisdiction). Venue for any litigation shall be any state court or United States District Court situated in the State of California and having jurisdiction over the parties and subject matter.
12. Force Majeure. Any delay or failure of Signet in the performance of its obligations under this Agreement shall be excused to the extent caused by event(s) that are beyond Signet’s reasonable control.
13. Miscellaneous. This Agreement supersedes any and all prior written and/or oral understandings, contracts and agreements that may have been made or entered into between the parties regarding the subject matter hereof. Any terms or conditions of Client's purchase order, approval or acceptance which are not identical to the terms and conditions of this Agreement are null and void, are not part of the agreement between Signet and Client, and are not binding upon Signet. This Agreement may be modified only by a written amendment signed by both parties. In the event that any one or more of the provisions of this Agreement are found to be illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect, and such term or provision shall be deemed stricken to the extent and in the jurisdictions necessary for compliance with applicable law. Any provisions of this Agreement providing for limitation of or protection against liabilities between the parties hereto shall survive termination of the Agreement and/or completion of the services. Any delay, waiver or omission by either party to exercise any right or power arising from any breach or default by the other party of this Agreement shall not be construed to be a waiver of any subsequent breach or default.