AGENDA
Joint Chowchilla City Council and Redevelopment Successor Agency Meeting
Council Chambers, Chowchilla City Hall 130 S. Second Street, Chowchilla, CA 93610
February 13, 2018 7:00 p.m.
Items denoted with a are Redevelopment Successor Agency items and will be acted upon by the Redevelopment Successor Agency Board. Agendas for all City Council/Redevelopment Successor Agency meetings are posted at least 72 hours prior to the meeting at the Civic Center, 130 S. Second St., Written communications from the public for the agenda must be received by Administrative Services no less than 7 days prior to the meeting date.
Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk’s Counter. In addition, most documents will be posted on the city website at www.ci.Chowchilla.CA.US.
The City of Chowchilla complies with the Americans with Disabilities Act (ADA of 1990). The Council Chambers is accessible to the physically disabled. If you need special assistance, please call (559) 665-8615, ext. 102 at least 4 days prior to the meeting.
CALL TO ORDER
ROLL CALL: Mayor/Chair: Dennis Haworth Mayor Pro Tem/Co-Chair: Ray Barragan Council/Board: Waseem Ahmed, John Chavez, Mary Gaumnitz
City staff and contract employees present at the meeting will be noted in the minutes
CONSIDERATION OF APPROVAL OF AGENDA Additions and/or Deletions:
PUBLIC ADDRESS – CLOSED SESSION
This time is reserved for members of the audience to address the City Council/Agency Board on items listed on the closed session agenda only. It is recommended that speakers limit their comments to no more than 3 minutes each. Speakers are asked to please use the microphone and provide their name for the record. Any handouts should be provided to the City Clerk/Board Clerk who will distribute them to the Council/Agency Board and appropriate staff.
CLOSED SESSION – 6:00 PM
This time has been set aside for the City Council to meet in a closed session to discuss matters pursuant to Government Code Section 54957 (b)(1), 54957.6, and 54956.9 (d)(2). Based on the advice of the City Attorney, discussion in open session would prejudice the position of the City in these matters. The City Attorney will provide a report, in open session, which details any reportable actions following conclusion of the closed session agenda.
1. Public Employee Evaluation Pursuant to Government Code Section 54957 Titles: City Administrator
2. Conference with Legal Counsel – Anticipated Litigation Pursuant to Government Code Section 54956.9 Subdivision (d) Paragraph (3) Number of Potential Cases: 1 City Council / Redevelopment Successor Agency AGENDA February 13, 2018
In the event that not all the items on the closed session agenda have been deliberated in the time provided, the City Council may continue the closed session until the end of the regularly scheduled Council/Board Meeting.
OPEN SESSION – 7:00 PM
PLEDGE OF ALLEGIANCE:
INVOCATION:
CLOSED SESSION REPORT:
CEREMONIAL / PRESENTATIONS – Section 1
None.
PUBLIC ADDRESS
This time is reserved for members of the audience to address the City Council/Agency Board on items of interest that are not on the Agenda and that are within the subject matter jurisdiction of the Council/Agency Board.
It is recommended that speakers limit their comments to no more than 3 minutes each and it is requested that no comments be made during this period on items on the Agenda. Members of the public wishing to address the Council/Agency Board on items on the Agenda should notify the Mayor/Chairman when that Agenda item is called.
The Council/Agency Board is prohibited by law from taking any action on matters discussed that are not on the Agenda. No adverse conclusions should be drawn if the Council/Agency Board does not respond to public comment at this time.
Speakers are asked to please use the microphone and provide their name for the record. Prior to addressing the Council/Agency Board, any handouts are to be provided to City Clerk/Board Clerk who will distribute them to the Council/Agency Board and the appropriate staff.
COUNCIL AND STAFF REPORTS – Section 2
2.1 COUNCIL REPORTS Legislative Items Oral / Written Reports
2.2 STAFF REPORTS Written/Oral Reports
CONSENT CALENDAR – Section 3
All items listed under Consent Calendar are considered to be routine and will be enacted by one motion. For discussion of any Consent Item, it will be made a part of the Regular Agenda at the request of any member of the City Council/Board or any person in the audience.
3.1 Approval of the January 23, 2018 Regular Joint City Council/Redevelopment Successor Agency Meeting Minutes (McClendon)
3.2 Approval of the January 23, 2018 Special City Council Meeting Minutes (McClendon)
3.3 Review of Monthly Check Register for January 2018 (Pruett)
3.4 Consideration of Authorization to Purchase an Animal Control Vehicle (Riviere) City Council / Redevelopment Successor Agency AGENDA February 13, 2018
3.5 A City Council Resolution Supporting the “Reducing Crime and Keeping California Safe Act of 2018” (Riviere)
3.6 Consideration of Endorsement of a Letter Supporting Madera County Applying for a Statewide Flood Emergency Response Grant (Rogers)
3.7 A) A City Council Resolution Approving an Amendment to the Indenture of Trust Relating to its Successor Agency of the City of Chowchilla, Madera County, California, Tax Allocation Refunding Bonds, Series 2016 (Pruett)
B) A Redevelopment Successor Agency Resolution Approving an Amendment to the Indenture of Trust Relating to its Successor Agency of the City of Chowchilla, Madera County, California, Tax Allocation Refunding Bonds, Series 2016 (Pruett)
PUBLIC HEARINGS – Section 4
4.1 Approval of a Rezone Application #18-0001 Rezone from Institutional to C-3 General and Service Commercial (APN 014-020-007) (Perea)
4.2 Introduction and Option to Waive the First Reading of an Ordinance of the City Council of the City of Chowchilla, in the County of Madera, California, Adding Chapter 9.11 to the Chowchilla Municipal Code and Deleting Chapters 9.09 and 9.10 of the Chowchilla Municipal Code to Prohibit Commercial and Regulate Personal Use, Cultivation, Manufacturing, Processing, Testing, Distribution and Transportation of Commercial Cannabis and Cannabis Derived Products within the Geographic Boundaries of the City of Chowchilla (Ritchie)
DEFERRED BUSINESS – Section 5
None.
NEW BUSINESS – Section 6
6.1 A City Council Resolution Approving an Agreement with Unity IT, LLC to Provide Information Technology Managed Services and Authorizing the City Administrator to Execute all Related Documents Thereto (Piepenbrok)
6.2 A City Council Resolution Authorizing the Advertisement for Bids for the Rehabilitation of Well #5A and #11 (Jones)
6.3 A City Council Resolution Amending the City of Chowchilla Salary Scale to Include a New Job Classification, Transit Program Manager (McClendon)
6.4 A City Council Resolution Adopting City Standard Drawings ST-25 for the Construction of Pavement Undulations (Rogers)
ANNOUNCEMENTS – Section 7
FEB 14 VALENTINE DAY FEB 17 CHOWCHILLA ATHLETIC FOUNDATION DINNER, EASTMAN HALL, FAIRGROUNDS, 6PM FEB 19 PRESIDENT’S DAY HOLIDAY, CITY OFFICES CLOSED FEB 20 COFFEE WITH A COP, MCDONALDS, 8AM FEB 20 COMMUNITY CONVERSATION THE FINAL ROUND RESTAURANT (GREENHILLS), 5:30PM FEB 21 PLANNING COMMISSION MEETING, CITY HALL, 7PM City Council / Redevelopment Successor Agency AGENDA February 13, 2018
FEB 22 CITY COUNCIL TOWN HALL, FULLER ELEMENTARY CAFETORIUM, 6PM FEB 24 CHOWCHILLA SPORTSMEN’S DINNER, EASTMAN HALL, FAIRGROUNDS, 5:30PM FEB 26 EDWARD RAY DAY IN CHOWCHILLA, ALL DAY FEB 27 CITY COUNCIL MEETING, CITY HALL, 7PM
ADJOURNMENT
I, Joann McClendon, CMC, City/Board Clerk, do hereby declare under penalty of purjury that the foregoing agenda was posted at the Chowchilla City Hall, 130 S Second Street, Chowchilla, CA and made available for public review on this 9th day of February 2018 at or before 5:00 p.m.
Joann McClendon, CMC, City/Board Clerk Item 3.1 MINUTES CLICK HERE TO RETURN TO Joint Chowchilla City Council and THE AGENDA Redevelopment Successor Agency Meeting
Council Chambers, Chowchilla City Hall 130 S. Second Street, Chowchilla, CA 93610
January 23, 2018 7:00 p.m.
ROLL CALL: 6:02PM Mayor: Dennis Haworth Mayor Pro Tem: Ray Barragan Council: Waseem Ahmed, John Chavez, Mary Gaumnitz
City staff and contract employees present: City Administrator Brian Haddix, City Attorney David Ritchie, Police Chief Dave Riviere, Fire Chief Harry Turner, Finance Director Rod Pruett, Public Works Director Jason Rogers, Director of Recreation and Community Engagement Marty Piepenbrok, City Clerk Joann McClendon
CONSIDERATION OF APPROVAL OF AGENDA Additions and/or Deletions:
Motion by Mayor Pro Tem Barragan, Seconded by Council Member Ahmed to Approve the Agenda, with the Addition of the Special City Council Agenda item, as Amended. Motion passed unanimously by roll call vote.
PUBLIC ADDRESS – CLOSED SESSION
Bob Sullivan, Managing Partner for Amond World, addressed the City Council.
Bobby Kahn, Executive Director of the Madera County Economic Development Commission addressed the City Council.
CLOSED SESSION – 6:0 PM
1. Public Employee Evaluation Pursuant to Government Code Section 54957 Titles: City Administrator, Police Chief
2. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency Designated Representatives: City Administrator, City Attorney Employee Organizations: Chowchilla Police Officer Association, Chowchilla City Employee Association, Chowchilla City Office Employees Association, Chowchilla Mid- Management/Confidential Association
3. Conference with Legal Counsel – Anticipated Litigation Pursuant to Government Code Section 54956.9 Subdivision (d) Paragraph (3) Number of Potential Cases: 1
City Council/Redevelopment Successor Agency MINUTES January 23, 2018
OPEN SESSION – 7:00 PM
PLEDGE OF ALLEGIANCE: Mr. Emil Stagnaro
INVOCATION: Mr. Dustin Smith
CLOSED SESSION REPORT: No reportable action; the Closed Session will reconvene at the end of the agenda.
CEREMONIAL / PRESENTATIONS – Section 1
1.1 Recognition: Claude and Rose McCombs
PUBLIC ADDRESS
The Greenhills Lions Club presented the Council with a proposal to add ADA playground equipment to one of the City’s parks.
COUNCIL AND STAFF REPORTS – Section 2
2.1 COUNCIL REPORTS Legislative Items Oral / Written Reports
Council Member Ahmed attended the League of California Cities New Mayors/Council Conference with Council Member Chavez and City Administrator Haddix, the Chamber of Commerce’s Community Awards Dinner and met with a local developer along with Mayor Pro Tem Barragan and City Administrator Haddix.
Council Member Gaumnitz attended the Chamber of Commerce’s Community Awards Dinner and Pastor Richard Walker’s 50th birthday celebration.
Mayor Pro Tem Barragan attended the Chamber of Commerce’s Awards Dinner.
Council Member Chavez attended the Chamber of Commerce’s Awards Dinner.
Mayor Haworth attended a Community Task Force meeting, Margaret Theissen’s funeral, met with people from the Madera Tribune along with City Administrator Haddix and attended the Chamber of Commerce’s Awards Dinner.
2.2 STAFF REPORTS Written/Oral Reports
City Administrator Haddix attended the Chamber of Commerce’s Awards Dinner, the League of California Cities New Mayors/Council Member Conference, and a family trip to Washington, DC.
CONSENT CALENDAR – Section 3
3.1 Approval of the January 9, 2017 Regular City Council Meeting Minutes (McClendon)
3.2 Review of Monthly Financial Report for December 2017 (Pruett)
City Council/Redevelopment Successor Agency MINUTES January 23, 2018
3.3 Consideration of Authorization to Apply for the Assistance to Firefighters Grant (Turner)
3.4 A) A City Council Resolution (#11-18) Approving the Annual Recognized Obligation Payment Schedule (ROPS) for the Period July 1, 2018 - June 30, 2019 on Behalf of the Successor Agency of the Chowchilla Redevelopment Agency (Pruett)
B) A Redevelopment Successor Agency Resolution (#01-18) Approving the Annual Recognized Obligation Payment Schedule (ROPS) for the Period July 1, 2018 – June 30, 2019 (Pruett)
Council Member Ahmed asked to make corrections to the Minutes Item 5.1 and 6.6 to remove “unanimously” since one Council Member has voted “no”; therefore, it was not in fact a unanimous decision.
Motion by Mayor/Board Chair Haworth, Seconded by Council/Board Member Ahmed, to Approve the Consent Calendar as Amended, Including Item 3.0 Presented Under the Special Agenda. Motion passed unanimously by roll call vote.
PUBLIC HEARINGS – Section 4
4.1 A City Council Resolution (#12-18) Approving the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Corporation Yard Improvements Project (Perea)
Mayor Haworth opened the Public Hearing at 7:23PM.
No one came forward for or against the item.
Mayor Haworth closed the Public Hearing at 7:24PM.
Motion by Mayor Pro Tem Barragan, Seconded by Council Member Gaumnitz to Approve Council Resolution #12-18, Approving the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Corporation Yard Improvements Project. Motion passed unanimously by roll call vote.
DEFERRED BUSINESS – Section 5
NEW BUSINESS – Section 6
6.1 Consideration of Commission/Committee Appointments (McClendon) A. Planning Commission
Motion by Mayor Pro Tem Barragan, Seconded by Council Member Gaumnitz to Reappoint Sybrand Vander Dussen to the Planning Commission to a 4-Year Term. Motion passed unanimously by roll call vote.
B. Airport Advisory Committee
Motion by Council Member Ahmed, Seconded by Mayor Pro Tem Barragan to Appoint Kevin Bernstein to an Unexpired Term that Expires January 1, 2019; and Reappoint Joanna Botelho and Steve Lawrence to the Airport Advisory Committee to a 4-Year Term. Motion passed unanimously by roll call vote.
City Council/Redevelopment Successor Agency MINUTES January 23, 2018
C. Heritage Preservation Commission
Motion by Mayor Pro Tem Barragan, Seconded by Council Member Ahmed, to Appoint Kevin Bernstein and Dustin Smith to the Heritage Preservation Commission to a 4-Year Term. Motion passed unanimously by roll call vote.
6.2 A City Council Resolution (#13-18) Approving the Purchase of City Seal Embroidered Employee Shirts and Authorizing a Budget Amendment from the Council Contingency Account to the Employee Awards Account to Cover the Cost (Weaver)
Motion by Mayor Pro Tem Barragan, Seconded by Council Member Chavez to Approve Council Resolution #13-18, Approving the Purchase of City Seal Embroidered Employee Shirts and Authorizing a Budget Amendment from the Council Contingency Account to the Employee Awards Account to Cover the Cost. Motion passed unanimously by roll call vote.
6.3 A City Council Resolution Approving an Agreement with Unity IT, LLC to Provide Information Technology Managed Services and Authorizing the City Administrator to Execute all Related Documents Thereto (Piepenbrok)
Item tabled to the next meeting.
6.4 Informational Item - Smart Sheet Update (Haddix)
6.5 Presentation of City of Chowchilla 2018 Strategic Plan Summary Components for Review and Comment (Piepenbrok)
6.6 Presentation and Discussion of the “Come Home to Chowchilla” Marketing Video (Piepenbrok)
ANNOUNCEMENTS – Section 7
FEB 3 FAIRMEAD COMMUNITY & FRIENDS BINGO EVENT, FARNESI’S STEAKHOUSE, 12NOON FEB 10 GREENHILLS LIONS CLUB MARDI GRAS DINNER DANCE, SFT PORTUGUESE HALL, 6PM FEB 11 AMERICAN LEGION & VFW BREAKFAST FUNDRAISER, VFW HALL, 7-11AM FEB 13 CITY COUNCIL MEETING, CITY HALL, 7PM
The City Council/Successor Agency Board reconvened into Closed Session at 8:12PM.
The City Council/Redevelopment Successor Agency reconvened into Open Session at 8:58PM with no reportable action, direction given to staff only.
ADJOURNMENT
Motion by Mayor Pro Tem Barragan, Seconded by Council Member Gaumnitz to Adjourn the January 23, 2018 Joint City Council/Redevelopment Succesory Agency Meeting at 8:59PM. Motion paseed unanimously by voice vote.
ATTEST: APPROVED:
Joann McClendon, CMC Mayor/Board Chair Dennis Haworth City/Board Clerk Item 3.2
CLICK HERE TO RETURN TO MINUTES THE AGENDA SPECIAL MEETING CHOWCHILLA CITY COUNCIL Council Chambers, Chowchilla City Hall 130 S. Second Street, Chowchilla, CA 93610
January 23, 2018
ROLL CALL: 6:03PM Mayor: Dennis Haworth Mayor Pro Tem: Ray Barragan Council: Waseem Ahmed, John Chavez, Mary Gaumnitz
City staff and contract employees present: City Administrator Brian Haddix, City Attorney David Ritchie, Police Chief Dave Riviere, Fire Chief Harry Turner, Finance Director Rod Pruett, Public Works Director Jason Rogers, Director of Recreation and Community Engagement Marty Piepenbrok, City Clerk Joann McClendon
OPEN SESSION – 7:00 PM
PLEDGE OF ALLEGIANCE: Mr. Emile Stagnaro
INVOCATION: Mr. Dustin Smith
PUBLIC ADDRESS
No one spoke.
CONSENT – Section 3
3.0 A City Council Resolution (#10-18) Approving and Adopting Changes to the City of Chowchilla Medical and Dental Insurance Plan Options and Premium Rates and Contributions (Ritchie/McClendon)
Motion by Mayor Haworth, Seconded by Council Member Ahmed to Approve Council Resolution #10-18, Approving and Adopting Changes to the City of Chowchilla Medical and Dental Insurance Plan Options and Premium Rates and Contributions. Motion passed unanimously by roll call vote.
ADJOURNMENT
Motion by Mayor Pro Tem Barragan, Seconded by Council Member Gaumnitz to Adjourn the January 23, 2018 Joint City Council/Redevelopment Succesory Agency Meeting at 8:59PM. Motion paseed unanimously by voice vote.
ATTEST: APPROVED:
Joann McClendon, CMC Mayor Dennis Haworth City Clerk
Item 3.3
CLICK HERE TO RETURN TO THE AGENDA REPORT TO THE CITY COUNCIL Meeting of: February 13, 2018
AGENDA SECTION: Consent
SUBJECT: Information Regarding Monthly Invoice Payments
PREPARED BY: Rod Pruett, Finance Director
ATTACHMENTS: Check list report
REVIEWED BY REVIEWED BY REVIEWED BY ADMINISTRATOR ☒ ATTORNEY ☒ FINANCE ☒
RECOMMENDATION: Informational only. The invoices paid are shown in the attached listing of invoices.
BACKGROUND: Presented this evening is a list of invoices paid in January 2018.
REASON FOR RECOMMENDATION: Informational item only.
FISCAL IMPACT: Each item shown on the invoice list includes a description of that item and the amount of the invoice.
ALTERNATIVES: Not applicable.
ACTIONS FOLLOWING APPROVAL: None. City of Chowchilla Check Register - Council Warrant Detail Report Page: 1 Check Issue Dates: 1/1/2018 - 1/31/2018 Feb 06, 2018 07:42AM
Report Criteria: Report type: Invoice detail
GL Check Check Vendor Description Invoice Check Period Issue Date Number Number Payee GL Account Amount
01/18 01/09/2018 55054 13124 Valdez, Jesus and deposit for 1021 Lake 280-0200-0000-043 101.10- V
Total 55054: 101.10-
01/18 01/10/2018 55080 12767 Waseem Ahmed 2017 CALAFCO Annual Conference 100-1605-0000-305 89.52- V
Total 55080: 89.52-
01/18 01/02/2018 55230 13137 Hurst Jaws of Life, Inc. Battery powered Hurst rescue tools for new fire engine 100-2705-0000-302 33,770.00
Total 55230: 33,770.00
01/18 01/04/2018 55231 7671 Pacific Gas & Electric Engineering Advance EP 24763 S. CHOWCHILLA BLVD 240-5705-0000-660 2,500.00
Total 55231: 2,500.00
01/18 01/09/2018 55232 13144 Allen, Kevin deposit refund for 1209 Ventura 280-0200-0000-043 110.90
Total 55232: 110.90
01/18 01/09/2018 55233 11870 Barragan, Mary Ann deposit refund for 560 N Second 280-0200-0000-043 57.99
Total 55233: 57.99
01/18 01/09/2018 55234 1271 Bryant, Austin Deposit/Refund for 560 N 12th Street 280-0200-0000-043 129.50
Total 55234: 129.50
01/18 01/09/2018 55235 13142 Echeverria, Andres deposit refund for 1533 Defender 280-0200-0000-043 41.20
Total 55235: 41.20
01/18 01/09/2018 55236 12451 Hutson, Donna deposit refund for 7290 Edgewater 280-0200-0000-043 70.59
Total 55236: 70.59
M = Manual Check, V = Void Check City of Chowchilla Check Register - Council Warrant Detail Report Page: 2 Check Issue Dates: 1/1/2018 - 1/31/2018 Feb 06, 2018 07:42AM
GL Check Check Vendor Description Invoice Check Period Issue Date Number Number Payee GL Account Amount
01/18 01/09/2018 55237 13124 Jesus Valdez & deposit for 1021 Lake 280-0200-0000-043 101.10
Total 55237: 101.10
01/18 01/09/2018 55238 13145 Palacios, Mark deposit refund for 149 Pine 280-0200-0000-043 96.02
Total 55238: 96.02
01/18 01/09/2018 55239 13141 Pickering, Karen deposit refund for 400 Lake 280-0200-0000-043 43.34
Total 55239: 43.34
01/18 01/09/2018 55240 13143 Zinke, John and Erica deposit refund for 720 Robertson 280-0200-0000-043 101.80
Total 55240: 101.80
01/18 01/09/2018 55241 12970 Acquisition Partners of America LLC Grant Consulting Services 305-3620-0000-336 4,337.79
Total 55241: 4,337.79
01/18 01/09/2018 55242 421 AmeriPride supplies for the WWTP 240-5705-0000-315 16.94 01/18 01/09/2018 55242 421 AmeriPride Mats for the Animal Shelter 2017-2018 100-2805-0000-315 66.20 01/18 01/09/2018 55242 421 AmeriPride Mats for the Animal Shelter 2017-2018 100-2610-0000-315 32.56 01/18 01/09/2018 55242 421 AmeriPride uniforms T.Gaither 601-3615-0000-301 30.00 01/18 01/09/2018 55242 421 AmeriPride uniforms T.Gaither 601-3615-0000-301 31.47
Total 55242: 177.17
01/18 01/09/2018 55243 446 Anderson Pump Co Emergency Repairs to Well #8 280-7605-0000-317 3,915.74
Total 55243: 3,915.74
01/18 01/09/2018 55244 646 AT & T Telephone Service 10/20/17-11/19/17 602-1715-0000-310 365.89 01/18 01/09/2018 55244 646 AT & T Telephone Service 10/24-11/23/17 602-1715-0000-310 1,119.93 01/18 01/09/2018 55244 646 AT & T Telephone Service 11/24-12/23/17 602-1715-0000-310 1,106.47
Total 55244: 2,592.29
01/18 01/09/2018 55245 686 Ayers Distributing Candy filled plastic Easter Eggs 100-6625-0000-300 1,206.00
M = Manual Check, V = Void Check City of Chowchilla Check Register - Council Warrant Detail Report Page: 3 Check Issue Dates: 1/1/2018 - 1/31/2018 Feb 06, 2018 07:42AM
GL Check Check Vendor Description Invoice Check Period Issue Date Number Number Payee GL Account Amount
Total 55245: 1,206.00
01/18 01/09/2018 55246 1776 Cascade Fire Equipment Co Misc Fire hand tools and equipment for new fire engine 100-2705-0000-302 1,664.97
Total 55246: 1,664.97
01/18 01/09/2018 55247 1936 Central Valley Concrete 25 Tons of patching matrerial/ Streets dept 305-3620-4000-318 377.13
Total 55247: 377.13
01/18 01/09/2018 55248 12052 Central Valley Veterinary Clinic male cat motorhead 100-2805-0000-324 200.00 01/18 01/09/2018 55248 12052 Central Valley Veterinary Clinic male cat spook ova parasite clavamox 100-2805-0000-324 70.00 01/18 01/09/2018 55248 12052 Central Valley Veterinary Clinic Vet care for shelter animal 100-2805-0000-324 40.00 01/18 01/09/2018 55248 12052 Central Valley Veterinary Clinic vet care for shelter animal 100-2805-0000-324 166.00 01/18 01/09/2018 55248 12052 Central Valley Veterinary Clinic Vet care for shelter animal 100-2805-0000-324 75.00 01/18 01/09/2018 55248 12052 Central Valley Veterinary Clinic Vet care for shelter animals 100-2805-0000-324 50.00
Total 55248: 601.00
01/18 01/09/2018 55249 2821 DATCO Services Coporation Qtr 1 2018- Jan- March service fees 325-3705-0000-306 126.00
Total 55249: 126.00
01/18 01/09/2018 55250 12212 Fastenal Company Safety supplies for the WWTP 240-5705-0000-302 25.76
Total 55250: 25.76
01/18 01/09/2018 55251 5431 Jim's A/C repairs Civic Center A/C 100-1705-0000-315 142.50 01/18 01/09/2018 55251 5431 Jim's A/C repairs ice machine Fire Dept 100-2705-0000-315 359.02
Total 55251: 501.52
01/18 01/09/2018 55252 12282 Mid Valley Disposal Inc. Disposal Services for city bins 260-5605-0000-350 3,252.30
Total 55252: 3,252.30
01/18 01/09/2018 55253 7281 NBS Government Finance Admin fees 10/1-12/31/17 Chowchilla 1915 Act 842-4832-0000-336 4,088.91 01/18 01/09/2018 55253 7281 NBS Government Finance Admin fees Oct-Dec 2017 CFD 800-8850-0000-336 1,295.12
M = Manual Check, V = Void Check City of Chowchilla Check Register - Council Warrant Detail Report Page: 4 Check Issue Dates: 1/1/2018 - 1/31/2018 Feb 06, 2018 07:42AM
GL Check Check Vendor Description Invoice Check Period Issue Date Number Number Payee GL Account Amount
01/18 01/09/2018 55253 7281 NBS Government Finance disclosure services Greenhills 840-4830-0000-336 4,237.83
Total 55253: 9,621.86
01/18 01/09/2018 55254 7516 Office Depot Supplies for payroll & JCI project 100-1705-0000-300 72.90
Total 55254: 72.90
01/18 01/09/2018 55255 12907 O'Reilly Auto Parts Brakes for Unit #354 100-6620-0000-320 100.12 01/18 01/09/2018 55255 12907 O'Reilly Auto Parts Wheel Cylinder for Unit #354 100-6620-0000-320 38.12 01/18 01/09/2018 55255 12907 O'Reilly Auto Parts Battery Charger for Fleet 601-3615-0000-328 344.79 01/18 01/09/2018 55255 12907 O'Reilly Auto Parts Annual Update for Computer Readers 601-3615-0000-301 754.24
Total 55255: 1,237.27
01/18 01/09/2018 55256 10176 Presort Center of Fresno, LLC delinquent notices Dec 2017 280-1720-0000-336 297.33 01/18 01/09/2018 55256 10176 Presort Center of Fresno, LLC Utilities/Newsletter Billings for Dec 2017 280-1720-0000-336 2,660.59
Total 55256: 2,957.92
01/18 01/09/2018 55257 11482 Price Paige & Company Audit for FY 16/17 956-9950-0000-302 1,270.00
Total 55257: 1,270.00
01/18 01/09/2018 55258 9206 Self Help Enterprises Loan Portfolio Mgmt Services - RDA 956-9950-0000-336 1,632.00
Total 55258: 1,632.00
01/18 01/09/2018 55259 10111 Terryberry Service Awards- J.Telford 100-1605-0000-308 316.23
Total 55259: 316.23
01/18 01/09/2018 55260 11798 Tessco Technologies Incorporated supplies for IT 602-1715-0000-302 46.42
Total 55260: 46.42
01/18 01/09/2018 55261 10131 TF Tire & Service Tire for Unit #174 100-6620-0000-301 82.26
M = Manual Check, V = Void Check City of Chowchilla Check Register - Council Warrant Detail Report Page: 5 Check Issue Dates: 1/1/2018 - 1/31/2018 Feb 06, 2018 07:42AM
GL Check Check Vendor Description Invoice Check Period Issue Date Number Number Payee GL Account Amount
Total 55261: 82.26
01/18 01/09/2018 55262 11537 Toshiba Financial Services Copier Lease 1/15/18-2/14/18 602-1715-0000-408 611.83
Total 55262: 611.83
01/18 01/09/2018 55263 10356 TransUnion LLC Basic Service Charge 11/26/17-12/25/17 450-4810-0000-336 90.00
Total 55263: 90.00
01/18 01/09/2018 55264 10756 Verizon Wireless Transit cellular 10/24-11/23/17 325-3705-0000-310 75.57 01/18 01/09/2018 55264 10756 Verizon Wireless Cell Phone Service 11/10-12/9/17 100-2615-0000-310 1,052.17 01/18 01/09/2018 55264 10756 Verizon Wireless Cell Phone IT 11/10-12/9/17 602-1715-0000-310 67.40 01/18 01/09/2018 55264 10756 Verizon Wireless Cell Phone CATX 11/24-12/23/17 325-3705-0000-310 277.87 01/18 01/09/2018 55264 10756 Verizon Wireless Transit cellular 11/24-12/23/17 325-3705-0000-310 93.63
Total 55264: 1,566.64
01/18 01/09/2018 55265 11031 West Coast Arborists Inc. Annual Tree trimiing in Zone #10 310-3625-0000-316 19,237.50
Total 55265: 19,237.50
01/18 01/09/2018 55266 196 AFLAC Employee Contribution 702-0100-0000-023 1,424.80
Total 55266: 1,424.80
01/18 01/09/2018 55267 12181 American Fidelity Section 125 for December 2017 702-0100-0000-023 545.83 01/18 01/09/2018 55267 12181 American Fidelity Insurance Premiums for December 2017 702-0100-0000-023 1,900.86
Total 55267: 2,446.69
01/18 01/09/2018 55268 2136 Chowchilla Employees Assn. Employee Contribution 702-0200-0000-040 50.00
Total 55268: 50.00
01/18 01/09/2018 55269 12408 Chowchilla Mid-Management Employee Contributions 702-0200-0000-040 140.00
M = Manual Check, V = Void Check City of Chowchilla Check Register - Council Warrant Detail Report Page: 6 Check Issue Dates: 1/1/2018 - 1/31/2018 Feb 06, 2018 07:42AM
GL Check Check Vendor Description Invoice Check Period Issue Date Number Number Payee GL Account Amount
Total 55269: 140.00
01/18 01/09/2018 55270 2166 Chowchilla Office Employee Contributions 702-0200-0000-040 135.00
Total 55270: 135.00
01/18 01/09/2018 55271 2171 Chowchilla Peace Officers Employee Contribution 702-0200-0000-040 1,075.00
Total 55271: 1,075.00
01/18 01/09/2018 55272 11622 Cota Cole LLP Legal Fees for December 2017 100-1615-0000-335 9,416.03 01/18 01/09/2018 55272 11622 Cota Cole LLP Legal Fees for Brake Parts 100-1615-0000-335 5,858.58
Total 55272: 15,274.61
01/18 01/09/2018 55273 3836 Fitness Peak Employee Contribution 702-0200-0000-040 192.50
Total 55273: 192.50
01/18 01/09/2018 55274 5861 Law & Associates Investigations Background Investigation for Cota & Cuevas 100-2610-0000-306 600.00 01/18 01/09/2018 55274 5861 Law & Associates Investigations Background Investigation for Cota & Cuevas 100-2610-0000-306 600.00
Total 55274: 1,200.00
01/18 01/09/2018 55275 13146 Lisa Hardin Training for CATX Staff 325-3705-0000-305 175.00
Total 55275: 175.00
01/18 01/09/2018 55276 13081 Michael Castro Uniform Pants 325-3705-0000-301 32.45
Total 55276: 32.45
01/18 01/09/2018 55277 8031 Principal Financial Group Dental Insurance for January 2017 702-0100-0000-023 7,566.61
Total 55277: 7,566.61
01/18 01/09/2018 55278 8161 Quad Knopf, Inc. Corporation Yard Project 280-7605-0000-336 26,430.75 01/18 01/09/2018 55278 8161 Quad Knopf, Inc. Subdivision & Zoing Ordinances Updates 11/9-12/16/17 100-4605-0000-336 2,340.65
M = Manual Check, V = Void Check City of Chowchilla Check Register - Council Warrant Detail Report Page: 7 Check Issue Dates: 1/1/2018 - 1/31/2018 Feb 06, 2018 07:42AM
GL Check Check Vendor Description Invoice Check Period Issue Date Number Number Payee GL Account Amount
Total 55278: 28,771.40
01/18 01/09/2018 55279 13042 San Joaquin Glass Stainless Steel Counter Top for Transaction Window 100-2610-0000-630 15,668.00
Total 55279: 15,668.00
01/18 01/09/2018 55280 12726 Spectrum Telecom Systems PD Security Camera's 100-2610-0000-630 1,995.23 01/18 01/09/2018 55280 12726 Spectrum Telecom Systems PD Security Camera's 100-2610-0000-630 2,577.70
Total 55280: 4,572.93
01/18 01/09/2018 55281 12016 Vision Service Plan - (CA) Vision Service for January 2018 702-0100-0000-023 765.51
Total 55281: 765.51
01/18 01/12/2018 55282 12580 2-A's Contracting Inc Pull wire and repair street lights-Santa Cruz and Howell Rd (Phase 7 310-3625-0000-300 3,000.00
Total 55282: 3,000.00
01/18 01/12/2018 55283 86 A-C Electric Company Emergency repairs to Well #10 280-7605-0000-317 3,698.43
Total 55283: 3,698.43
01/18 01/12/2018 55284 336 Alliant Insurance Service Inc. Annual Insurance premium for the Airport 02-18 thru 02-19 200-3805-0000-341 4,000.00
Total 55284: 4,000.00
01/18 01/12/2018 55285 421 AmeriPride Uniforms for Streets 305-3620-0000-301 25.00 01/18 01/12/2018 55285 421 AmeriPride Supplies for Public Works 305-3620-0000-315 122.10 01/18 01/12/2018 55285 421 AmeriPride Supplies for Public Works 305-3620-0000-315 117.24 01/18 01/12/2018 55285 421 AmeriPride Supplies for the Senior Center 100-6615-0000-315 35.60 01/18 01/12/2018 55285 421 AmeriPride Supplies for Public Works 305-3620-0000-315 83.32 01/18 01/12/2018 55285 421 AmeriPride Supplies for Public Works 305-3620-0000-315 286.95 01/18 01/12/2018 55285 421 AmeriPride Supplies for the WWTP 240-5705-0000-315 16.94 01/18 01/12/2018 55285 421 AmeriPride Supplies for the Senior Center 100-6615-0000-315 35.60
Total 55285: 722.75
M = Manual Check, V = Void Check City of Chowchilla Check Register - Council Warrant Detail Report Page: 8 Check Issue Dates: 1/1/2018 - 1/31/2018 Feb 06, 2018 07:42AM
GL Check Check Vendor Description Invoice Check Period Issue Date Number Number Payee GL Account Amount
01/18 01/12/2018 55286 446 Anderson Pump Co Plate for the WWTP 240-5705-0000-317 36.76 01/18 01/12/2018 55286 446 Anderson Pump Co Float Switch for the WWTP 240-5705-0000-317 78.82
Total 55286: 115.58
01/18 01/12/2018 55287 12493 Baker Supplies and Repairs Pole saw for the Streets dept 305-3620-0000-301 600.00
Total 55287: 600.00
01/18 01/12/2018 55288 1281 BSK Associates Open PO for Weekly Water test- Water Dept- 2017-18 budget year 280-7605-0000-350 168.00 01/18 01/12/2018 55288 1281 BSK Associates Open PO for Weekly Water test- Water Dept- 2017-18 budget year 280-7605-0000-350 280.00 01/18 01/12/2018 55288 1281 BSK Associates Open PO for Weekly Water tests- WWTP- 2017-18 budget year 240-5705-0000-350 149.00 01/18 01/12/2018 55288 1281 BSK Associates Open PO for Weekly Water test- Water Dept- 2017-18 budget year 280-7605-0000-350 280.00 01/18 01/12/2018 55288 1281 BSK Associates Open PO for Weekly Water tests- WWTP- 2017-18 budget year 240-5705-0000-350 65.00 01/18 01/12/2018 55288 1281 BSK Associates Open PO for Weekly Water test- Water Dept- 2017-18 budget year 280-7605-0000-350 300.00 01/18 01/12/2018 55288 1281 BSK Associates Open PO for Weekly Water test- Water Dept- 2017-18 budget year 280-7605-0000-350 168.00 01/18 01/12/2018 55288 1281 BSK Associates Open PO for Weekly Water test- Water Dept- 2017-18 budget year 280-7605-0000-350 19.00 01/18 01/12/2018 55288 1281 BSK Associates Open PO for Weekly Water tests- WWTP- 2017-18 budget year 240-5705-0000-350 65.00 01/18 01/12/2018 55288 1281 BSK Associates Open PO for Weekly Water test- Water Dept- 2017-18 budget year 280-7605-0000-350 280.00 01/18 01/12/2018 55288 1281 BSK Associates Open PO for Weekly Water tests- WWTP- 2017-18 budget year 240-5705-0000-350 65.00
Total 55288: 1,839.00
01/18 01/12/2018 55289 1776 Cascade Fire Equipment Co Misc Fire hand tools and equipment for new fire engine 100-2705-0000-301 55.25
Total 55289: 55.25
01/18 01/12/2018 55290 1781 Caselle, Inc. hourly support Dec 2017 602-1715-0000-302 310.00
Total 55290: 310.00
01/18 01/12/2018 55291 12980 Central Valley Sweeping LLC Street Sweeping on Robertson Blvd and all residential areas 305-3620-0000-336 7,600.00
Total 55291: 7,600.00
01/18 01/12/2018 55292 2046 Chem Quip Open PO- 2017-18 budget year- Water Dept/Chemicals (Chlorine) 280-7605-0000-346 808.95 01/18 01/12/2018 55292 2046 Chem Quip Open PO- 2017-18 budget year- Water Dept/Chemicals (Chlorine) 280-7605-0000-346 318.00-
M = Manual Check, V = Void Check City of Chowchilla Check Register - Council Warrant Detail Report Page: 9 Check Issue Dates: 1/1/2018 - 1/31/2018 Feb 06, 2018 07:42AM
GL Check Check Vendor Description Invoice Check Period Issue Date Number Number Payee GL Account Amount
Total 55292: 490.95
01/18 01/12/2018 55293 2131 Chowchilla DoIt Best Supplies for the water Dept storage 280-7605-0000-315 10.34
Total 55293: 10.34
01/18 01/12/2018 55294 2251 City of Chowchilla-CH petty cash- recording fees 100-1610-0000-345 61.43
Total 55294: 61.43
01/18 01/12/2018 55295 13092 CivicPlus, Inc. On-Site Training 602-1715-0000-302 6,000.00
Total 55295: 6,000.00
01/18 01/12/2018 55296 6641 Claude & Rose McCombs Rent of 320 Trinity Ave for Feb 2018 601-3615-0000-315 1,500.00
Total 55296: 1,500.00
01/18 01/12/2018 55297 2446 Consolidated Electrical Christmas Lights for the parks Dept 100-6620-0000-317 282.10
Total 55297: 282.10
01/18 01/12/2018 55298 3241 Division of State Architect SB1186 for 10/1/17-12/31/17 100-4605-0000-871 18.60
Total 55298: 18.60
01/18 01/12/2018 55299 3276 Dom's Electric Motor Shop Pump repairs at the WWTP 240-5705-0000-317 719.62
Total 55299: 719.62
01/18 01/12/2018 55300 13104 Duncan Solutions Inc. Fee for Processing Parking Tickets 100-2610-0000-830 21.80
Total 55300: 21.80
01/18 01/12/2018 55301 3711 Farmers Hardware Part for the Air Compressor 305-3620-0000-301 19.37 01/18 01/12/2018 55301 3711 Farmers Hardware Supplies for the water Dept 280-7605-0000-317 34.44 01/18 01/12/2018 55301 3711 Farmers Hardware Supplies for the water dept 280-7605-0000-317 17.22 01/18 01/12/2018 55301 3711 Farmers Hardware Supplies for the Water Dept 280-7605-0000-317 35.70
M = Manual Check, V = Void Check City of Chowchilla Check Register - Council Warrant Detail Report Page: 10 Check Issue Dates: 1/1/2018 - 1/31/2018 Feb 06, 2018 07:42AM
GL Check Check Vendor Description Invoice Check Period Issue Date Number Number Payee GL Account Amount
01/18 01/12/2018 55301 3711 Farmers Hardware Supplies for the Water dept 280-7605-0000-315 8.58 01/18 01/12/2018 55301 3711 Farmers Hardware Supplies for the Parks Dept 100-6620-0000-301 6.99 01/18 01/12/2018 55301 3711 Farmers Hardware Part for the backhoe 305-3620-0000-320 6.03 01/18 01/12/2018 55301 3711 Farmers Hardware Supplies for the water Dept 280-7605-0000-317 7.82 01/18 01/12/2018 55301 3711 Farmers Hardware Supplies for the water Dept 280-7605-0000-317 8.49 01/18 01/12/2018 55301 3711 Farmers Hardware Safety supplies for the WWTP 240-5705-0000-302 25.06 01/18 01/12/2018 55301 3711 Farmers Hardware Supplies for the WWTP 240-5705-0000-317 15.06 01/18 01/12/2018 55301 3711 Farmers Hardware Batteries for the barricades 305-3620-0000-317 67.49 01/18 01/12/2018 55301 3711 Farmers Hardware chain for the Pole Saw 100-6620-0000-301 40.90
Total 55301: 293.15
01/18 01/12/2018 55302 12212 Fastenal Company Supplies for the WWTP 240-5705-0000-317 6.17 01/18 01/12/2018 55302 12212 Fastenal Company Tools for the Streets dept 305-3620-0000-328 21.54 01/18 01/12/2018 55302 12212 Fastenal Company Safety supplies for the parks dept 100-6620-0000-302 49.41
Total 55302: 77.12
01/18 01/12/2018 55303 3736 Ferguson Enterprises, Inc. Water line repair parts/ Water Dept 280-7605-0000-317 419.24
Total 55303: 419.24
01/18 01/12/2018 55304 4616 Grover Landscape Services Inc. Open PO for the 2017-18 Budget Year/ Parks 100-6620-0000-336 3,843.00
Total 55304: 3,843.00
01/18 01/12/2018 55305 12225 Home Depot Credit Services New lighting for the Parks Restrooms 100-6620-0000-315 252.17
Total 55305: 252.17
01/18 01/12/2018 55306 11469 Intellipay, Inc. Credit Card Transactions Fees 280-1720-0000-302 73.45 01/18 01/12/2018 55306 11469 Intellipay, Inc. bank service fee 280-1720-0000-302 76.30 01/18 01/12/2018 55306 11469 Intellipay, Inc. Credit Card Transactions Fees 280-1720-0000-302 72.70
Total 55306: 222.45
01/18 01/12/2018 55307 6271 Madera County Economic 3rd Quarter Billing 499-4950-0000-336 8,063.39
M = Manual Check, V = Void Check City of Chowchilla Check Register - Council Warrant Detail Report Page: 11 Check Issue Dates: 1/1/2018 - 1/31/2018 Feb 06, 2018 07:42AM
GL Check Check Vendor Description Invoice Check Period Issue Date Number Number Payee GL Account Amount
Total 55307: 8,063.39
01/18 01/12/2018 55308 6791 Merced Sun-Star Ad for AB1600 Report 100-1720-0000-337 179.04
Total 55308: 179.04
01/18 01/12/2018 55309 6966 Mobile Communications Inc. Monthly Repeater Rental 325-3705-0000-301 72.00 01/18 01/12/2018 55309 6966 Mobile Communications Inc. Monthly Repeater Rental 325-3705-0000-301 72.00
Total 55309: 144.00
01/18 01/12/2018 55310 12214 NR Cleaning Services Open PO for Janitorial Services/ Senior Center 100-6615-0000-315 936.38 01/18 01/12/2018 55310 12214 NR Cleaning Services Open PO for Janitorial Services/ Civic Center 100-1705-0000-315 1,594.93
Total 55310: 2,531.31
01/18 01/12/2018 55311 11956 Occupational Health Centers of Pre-Employment Physicals 305-3620-0000-306 458.00 01/18 01/12/2018 55311 11956 Occupational Health Centers of Pre-Employment Physicals 305-3620-0000-306 138.00
Total 55311: 596.00
01/18 01/12/2018 55312 7516 Office Depot Supplies for Building 100-4805-0000-300 12.60 01/18 01/12/2018 55312 7516 Office Depot Office Supplies for Public Works 200-3805-0000-300 116.19 01/18 01/12/2018 55312 7516 Office Depot Office Supplies Public Works 200-3805-0000-300 20.78 01/18 01/12/2018 55312 7516 Office Depot Office Supplies Public Works 280-7605-0000-300 65.99 01/18 01/12/2018 55312 7516 Office Depot office supplies 100-6625-0000-300 267.83 01/18 01/12/2018 55312 7516 Office Depot supplies for Admin 100-1710-0000-300 161.03 01/18 01/12/2018 55312 7516 Office Depot Office Supplies for the WWTP 240-5705-0000-300 174.53 01/18 01/12/2018 55312 7516 Office Depot Office supplies for Public Services 280-7605-0000-300 15.52 01/18 01/12/2018 55312 7516 Office Depot Office supplies for Public Services 280-7605-0000-300 15.90 01/18 01/12/2018 55312 7516 Office Depot Toner for Finance 100-1720-0000-300 114.02
Total 55312: 964.39
01/18 01/22/2018 55313 7671 Pacific Gas & Electric PGE for Dec 2017 310-3625-0000-315 .00 V
Total 55313: .00
M = Manual Check, V = Void Check City of Chowchilla Check Register - Council Warrant Detail Report Page: 12 Check Issue Dates: 1/1/2018 - 1/31/2018 Feb 06, 2018 07:42AM
GL Check Check Vendor Description Invoice Check Period Issue Date Number Number Payee GL Account Amount
01/18 01/12/2018 55314 12330 Pacific Plan Review Inc Plan Check 6653 Desert Springs #17-0393 100-4805-0000-337 1,745.12 01/18 01/12/2018 55314 12330 Pacific Plan Review Inc Plan Check 574 Spruce #17-0419 100-4805-0000-337 225.00 01/18 01/12/2018 55314 12330 Pacific Plan Review Inc Plan Check 9770 Heatherhearst #17-0440 100-4805-0000-337 225.00
Total 55314: 2,195.12
01/18 01/12/2018 55315 7996 Praxair Dist. Inc. Parts for the Rodenator 100-6620-0000-301 5.76
Total 55315: 5.76
01/18 01/12/2018 55316 12283 R & R Pool Service Open PO for the monthly Water Fall Maintenance 17/18 budget year 310-3625-0000-316 110.00
Total 55316: 110.00
01/18 01/12/2018 55317 8796 S & W Auto Parts Inc. Supplies for the Streets Dept 305-3620-0000-320 1.83 01/18 01/12/2018 55317 8796 S & W Auto Parts Inc. Brush for CAT roller 305-3620-0000-301 5.94 01/18 01/12/2018 55317 8796 S & W Auto Parts Inc. Parts for Unit #165 240-5705-0000-320 80.84 01/18 01/12/2018 55317 8796 S & W Auto Parts Inc. supplies for PD 100-2610-0000-320 88.33 01/18 01/12/2018 55317 8796 S & W Auto Parts Inc. Parts for Bus # 20 325-3705-0000-320 44.36 01/18 01/12/2018 55317 8796 S & W Auto Parts Inc. Parts for bus #20 325-3705-0000-320 15.07 01/18 01/12/2018 55317 8796 S & W Auto Parts Inc. supplies for City garage 601-3615-0000-328 4.84 01/18 01/12/2018 55317 8796 S & W Auto Parts Inc. Supplies for the WWTP 240-5705-0000-317 17.22 01/18 01/12/2018 55317 8796 S & W Auto Parts Inc. supplies for city garage 601-3615-0000-326 90.38 01/18 01/12/2018 55317 8796 S & W Auto Parts Inc. Parts for Unit #24 100-6620-0000-320 21.92 01/18 01/12/2018 55317 8796 S & W Auto Parts Inc. Wipers for Unit #164 305-3620-0000-320 13.99
Total 55317: 384.72
01/18 01/12/2018 55318 9376 Sparkletts Supplies for the WWTP 240-5705-0000-315 38.87
Total 55318: 38.87
01/18 01/12/2018 55319 9791 Steves Chevrolet of Chowchilla Catalytic Converter for Unit #63 280-7605-0000-320 1,252.11
Total 55319: 1,252.11
01/18 01/12/2018 55320 10111 Terryberry 2017 Employee Service Awards 100-1605-0000-308 1,567.24
M = Manual Check, V = Void Check City of Chowchilla Check Register - Council Warrant Detail Report Page: 13 Check Issue Dates: 1/1/2018 - 1/31/2018 Feb 06, 2018 07:42AM
GL Check Check Vendor Description Invoice Check Period Issue Date Number Number Payee GL Account Amount
Total 55320: 1,567.24
01/18 01/12/2018 55321 10116 Tesei Petroleum Inc. Propane for Shelter 100-2805-0000-320 298.68 01/18 01/12/2018 55321 10116 Tesei Petroleum Inc. Fuel for Public Works 305-3620-0000-320 14.52 01/18 01/12/2018 55321 10116 Tesei Petroleum Inc. Fuel Services for Public Works 305-3620-0000-320 421.58 01/18 01/12/2018 55321 10116 Tesei Petroleum Inc. Fuel Services for 12/1-12/10/17 325-3705-0000-320 2,367.89 01/18 01/12/2018 55321 10116 Tesei Petroleum Inc. Fuel Services for 12/11-12/20/17 325-3705-0000-320 2,481.32 01/18 01/12/2018 55321 10116 Tesei Petroleum Inc. Fuel Services for 12/21-12/31/17 325-3705-0000-320 2,070.46 01/18 01/12/2018 55321 10116 Tesei Petroleum Inc. Fuel for 1/1/18-1/10/18 325-3705-0000-320 2,526.38
Total 55321: 10,180.83
01/18 01/12/2018 55322 10131 TF Tire & Service New tire for dump trailer 100-6620-0000-301 87.10
Total 55322: 87.10
01/18 01/12/2018 55323 10581 USA Bluebook Supplies for the Water Dept 280-7605-0000-350 66.31
Total 55323: 66.31
01/18 01/12/2018 55324 196 AFLAC Employee Contribution 702-0100-0000-023 1,441.70
Total 55324: 1,441.70
01/18 01/12/2018 55325 12368 Beatrice Mayers Mileage to buy vending machine supplies 100-1720-0000-305 30.17
Total 55325: 30.17
01/18 01/12/2018 55326 11944 Madera County Recorders Office To Release Lien #2017020138 100-1600-0000-849 13.00 01/18 01/12/2018 55326 11944 Madera County Recorders Office To Release Lien #2017020139 100-1600-0000-849 13.00 01/18 01/12/2018 55326 11944 Madera County Recorders Office To Release Lien #2017024493 100-1600-0000-849 13.00 01/18 01/12/2018 55326 11944 Madera County Recorders Office To Release Lien #2017024494 100-1600-0000-849 13.00 01/18 01/12/2018 55326 11944 Madera County Recorders Office To Release Lien #2017024495 100-1600-0000-849 13.00
Total 55326: 65.00
01/18 01/12/2018 55327 7176 Myers Stevens & Toohey & Co In PD Disability Insurance for January 2018 100-2805-0000-340 760.90
M = Manual Check, V = Void Check City of Chowchilla Check Register - Council Warrant Detail Report Page: 14 Check Issue Dates: 1/1/2018 - 1/31/2018 Feb 06, 2018 07:42AM
GL Check Check Vendor Description Invoice Check Period Issue Date Number Number Payee GL Account Amount
Total 55327: 760.90
01/18 01/12/2018 55328 13039 Silver & Wright LLP Receivershipt for 1313 Colusa & 255 6th 100-1615-0000-335 3,142.12
Total 55328: 3,142.12
01/18 01/12/2018 55329 12726 Spectrum Telecom Systems PD Security Camera's 100-2610-0000-630 4,635.60
Total 55329: 4,635.60
01/18 01/12/2018 55330 12044 U.S. Bank (PARS) Employee Contributions 702-0200-0000-040 138.12
Total 55330: 138.12
01/18 01/12/2018 55331 10571 US BANK (CAL-CARD) Postage for monthly state report 100-1705-0000-300 1.61 01/18 01/12/2018 55331 10571 US BANK (CAL-CARD) Field Supervisor Training 100-2610-0000-305 377.24 01/18 01/12/2018 55331 10571 US BANK (CAL-CARD) Motor Oil for Unit #52 100-2610-0000-320 80.08 01/18 01/12/2018 55331 10571 US BANK (CAL-CARD) Postage 100-1705-0000-300 84.56 01/18 01/12/2018 55331 10571 US BANK (CAL-CARD) Parts for Vehicles 100-2610-0000-320 151.44 01/18 01/12/2018 55331 10571 US BANK (CAL-CARD) Postage for Plans 100-1705-0000-300 18.35 01/18 01/12/2018 55331 10571 US BANK (CAL-CARD) Cal Chamber Posters 100-1610-0000-300 1,468.59 01/18 01/12/2018 55331 10571 US BANK (CAL-CARD) Qfit Annual Calibration for the Fire dept 100-2705-0000-301 790.00 01/18 01/12/2018 55331 10571 US BANK (CAL-CARD) Picture/Mirror Cord 100-2610-0000-301 745.71 01/18 01/12/2018 55331 10571 US BANK (CAL-CARD) Cake & supplies for Council Meeting 100-1605-0000-305 48.94 01/18 01/12/2018 55331 10571 US BANK (CAL-CARD) ADOBE Software 100-1720-0000-307 466.50 01/18 01/12/2018 55331 10571 US BANK (CAL-CARD) Lunch for Case #172686 100-2610-0000-350 993.04 01/18 01/12/2018 55331 10571 US BANK (CAL-CARD) Supplies for Ed Ray Park Restroom Repairs 100-6620-0000-315 493.62 01/18 01/12/2018 55331 10571 US BANK (CAL-CARD) Gate Openers for the Corp Yard 305-3620-0000-315 125.10 01/18 01/12/2018 55331 10571 US BANK (CAL-CARD) Medical Gloves and Drug Kits 100-2610-0000-350 328.70 01/18 01/12/2018 55331 10571 US BANK (CAL-CARD) Dell 300 G 105 5 Pack 602-1715-0000-302 497.06 01/18 01/12/2018 55331 10571 US BANK (CAL-CARD) SMART PADS for Fire 100-2705-0000-302 422.00 01/18 01/12/2018 55331 10571 US BANK (CAL-CARD) Registration for Retail Real Estate Convention 100-1710-0000-305 2,038.93 01/18 01/12/2018 55331 10571 US BANK (CAL-CARD) CATX Equipment 325-3705-0000-301 630.53 01/18 01/12/2018 55331 10571 US BANK (CAL-CARD) Integrated Controller for Council Chambers 602-1715-0000-302 47.62
Total 55331: 9,809.62
01/18 01/12/2018 55332 12767 Waseem Ahmed Mileage to and from LOCC Conference 100-1605-0000-305 141.24
M = Manual Check, V = Void Check City of Chowchilla Check Register - Council Warrant Detail Report Page: 15 Check Issue Dates: 1/1/2018 - 1/31/2018 Feb 06, 2018 07:42AM
GL Check Check Vendor Description Invoice Check Period Issue Date Number Number Payee GL Account Amount
01/18 01/12/2018 55332 12767 Waseem Ahmed Mileage for CALAFCO Conference 100-1605-0000-305 42.76
Total 55332: 184.00
01/18 01/12/2018 55333 13090 Yamabe and Horn Engineering Inc. General Engineering November 2017 305-3620-0000-336 2,445.00 01/18 01/12/2018 55333 13090 Yamabe and Horn Engineering Inc. Robertson and 11th Street 583-3620-0000-540 67.50 01/18 01/12/2018 55333 13090 Yamabe and Horn Engineering Inc. Veteran's Memorial Park Adminstration 513-6620-0000-540 690.00 01/18 01/12/2018 55333 13090 Yamabe and Horn Engineering Inc. Fuller Sidewalk Project - Administration 582-3620-0000-535 3,117.50 01/18 01/12/2018 55333 13090 Yamabe and Horn Engineering Inc. Berenda Reservoir Boat Launch Project 512-6620-0000-535 236.25 01/18 01/12/2018 55333 13090 Yamabe and Horn Engineering Inc. General Engineering November 2017 305-3620-0000-336 4,065.00 01/18 01/12/2018 55333 13090 Yamabe and Horn Engineering Inc. General Engineering November 2017 305-3620-0000-336 472.50
Total 55333: 11,093.75
01/18 01/22/2018 55334 7671 Pacific Gas & Electric PGE for Dec 2017 310-3625-0000-315 .00 V
Total 55334: .00
01/18 01/22/2018 55335 7671 Pacific Gas & Electric PGE for Dec 2017 280-7605-0000-315 57,925.19
Total 55335: 57,925.19
01/18 01/24/2018 55336 6261 Madera County Clerks Office CEQA Notice of Determination for Corp Yard 280-7605-0000-345 2,280.75
Total 55336: 2,280.75
01/18 01/24/2018 55337 6261 Madera County Clerks Office Filing Fees for Corp Yard CEQA 280-7605-0000-345 50.00
Total 55337: 50.00
01/18 01/29/2018 55338 166 Administrative Solutions, Inc COBRA Administration For December 2017 702-0100-0000-023 64.80
Total 55338: 64.80
01/18 01/29/2018 55339 1111 Blue Shield of California Health Insurance for January 2018 702-0100-0000-023 45,747.30
Total 55339: 45,747.30
01/18 01/29/2018 55340 12733 Brian Haddix LOCC New Mayors & Council Academy 100-1710-0000-305 743.57
M = Manual Check, V = Void Check City of Chowchilla Check Register - Council Warrant Detail Report Page: 16 Check Issue Dates: 1/1/2018 - 1/31/2018 Feb 06, 2018 07:42AM
GL Check Check Vendor Description Invoice Check Period Issue Date Number Number Payee GL Account Amount
01/18 01/29/2018 55340 12733 Brian Haddix Mileage from Home to Chamber Gala Dinner 100-1710-0000-305 42.37 01/18 01/29/2018 55340 12733 Brian Haddix Western Stampede Dinner Ticket & Mileage 100-1710-0000-305 67.37
Total 55340: 853.31
01/18 01/29/2018 55341 11944 Madera County Recorders Office To Release Lien #2012027074 100-1600-0000-849 13.00 01/18 01/29/2018 55341 11944 Madera County Recorders Office To Release Lien #2012027078 100-1600-0000-849 13.00 01/18 01/29/2018 55341 11944 Madera County Recorders Office To Release Lien #2014018186 100-1600-0000-849 13.00 01/18 01/29/2018 55341 11944 Madera County Recorders Office To Release Lien #2015016703 100-1600-0000-849 13.00 01/18 01/29/2018 55341 11944 Madera County Recorders Office To Release Lien #2016007675 100-1600-0000-849 13.00 01/18 01/29/2018 55341 11944 Madera County Recorders Office To Release Lien #2017000530 100-1600-0000-849 13.00 01/18 01/29/2018 55341 11944 Madera County Recorders Office To Release Lien #2017015522 100-1600-0000-849 13.00
Total 55341: 91.00
01/18 01/29/2018 55342 11772 PARS PARS Administration 240-5705-0000-206 441.63
Total 55342: 441.63
01/18 01/29/2018 55343 8031 Principal Financial Group Dental Insurance for February 2018 702-0100-0000-023 7,475.71
Total 55343: 7,475.71
01/18 01/29/2018 55344 12575 Rod Pruett Meeting in San Rafael 100-1720-0000-305 199.58
Total 55344: 199.58
01/18 01/29/2018 55345 10571 US BANK (CAL-CARD) Car Was for PD 100-2610-0000-320 56.87
Total 55345: 56.87
01/18 01/29/2018 55346 13090 Yamabe and Horn Engineering Inc. Wison School Pedestrian Safety Project 585-3620-0000-540 2,640.00 01/18 01/29/2018 55346 13090 Yamabe and Horn Engineering Inc. JCI Water Meter Project 282-7705-0000-500 18,138.75 01/18 01/29/2018 55346 13090 Yamabe and Horn Engineering Inc. WoodCrest Subdivision (Reimbursed) 701-0200-0000-042 847.50 01/18 01/29/2018 55346 13090 Yamabe and Horn Engineering Inc. Chowchilla Industrial Specific Plan 305-3620-0000-336 135.00 01/18 01/29/2018 55346 13090 Yamabe and Horn Engineering Inc. Rancho Calera (Reimbursed 701-0200-0000-042 472.50 01/18 01/29/2018 55346 13090 Yamabe and Horn Engineering Inc. Pittz Parking CUP 17-0011 (Reimbursed) 701-0200-0000-042 337.50 01/18 01/29/2018 55346 13090 Yamabe and Horn Engineering Inc. Sessions Subdivision (Reimbursed) 701-0200-0000-042 2,322.50 01/18 01/29/2018 55346 13090 Yamabe and Horn Engineering Inc. 2018 RTP Development 305-3620-0000-336 472.50
M = Manual Check, V = Void Check City of Chowchilla Check Register - Council Warrant Detail Report Page: 17 Check Issue Dates: 1/1/2018 - 1/31/2018 Feb 06, 2018 07:42AM
GL Check Check Vendor Description Invoice Check Period Issue Date Number Number Payee GL Account Amount
01/18 01/29/2018 55346 13090 Yamabe and Horn Engineering Inc. Camarena Health Center (Reimbursed) 701-0200-0000-042 67.50 01/18 01/29/2018 55346 13090 Yamabe and Horn Engineering Inc. Engineering for the Pavement Management System 305-3620-0000-336 1,542.50 01/18 01/29/2018 55346 13090 Yamabe and Horn Engineering Inc. General Engineering 17-18 305-3620-0000-336 2,977.75 01/18 01/29/2018 55346 13090 Yamabe and Horn Engineering Inc. JCI Water Meter Project 282-7705-0000-500 11,170.00 01/18 01/29/2018 55346 13090 Yamabe and Horn Engineering Inc. Chowchilla Industrial Specific Plan 305-3620-0000-336 270.00 01/18 01/29/2018 55346 13090 Yamabe and Horn Engineering Inc. Robertson and 11th Street 583-3620-0000-540 202.50 01/18 01/29/2018 55346 13090 Yamabe and Horn Engineering Inc. Veteran's Memorial Park Adminstration 513-6620-0000-540 495.00 01/18 01/29/2018 55346 13090 Yamabe and Horn Engineering Inc. Fuller Sidewalk Project - Administration 582-3620-0000-535 3,793.75 01/18 01/29/2018 55346 13090 Yamabe and Horn Engineering Inc. Berenda Reservoir Boat Launch Project 512-6620-0000-535 405.00 01/18 01/29/2018 55346 13090 Yamabe and Horn Engineering Inc. Pittz Parking CUP 17-0011 (Reimbursed) 701-0200-0000-042 135.00 01/18 01/29/2018 55346 13090 Yamabe and Horn Engineering Inc. Sessions Subdivision (Reimbursed) 701-0200-0000-042 1,080.00 01/18 01/29/2018 55346 13090 Yamabe and Horn Engineering Inc. Camarena Health Center (Reimbursed) 701-0200-0000-042 922.50 01/18 01/29/2018 55346 13090 Yamabe and Horn Engineering Inc. Engineering for the Pavement Management System 305-3620-0000-336 3,032.50 01/18 01/29/2018 55346 13090 Yamabe and Horn Engineering Inc. Wison School Pedestrian Safety Project 585-3620-0000-530 2,235.00 01/18 01/29/2018 55346 13090 Yamabe and Horn Engineering Inc. General Engineering 17-18 305-3620-0000-336 135.00 01/18 01/29/2018 55346 13090 Yamabe and Horn Engineering Inc. General Engineering 17-18 305-3620-0000-336 360.00
Total 55346: 54,190.25
01/18 01/29/2018 55347 421 AmeriPride uniform- T.Gaither 601-3615-0000-301 30.00 01/18 01/29/2018 55347 421 AmeriPride Supplies for Public Works 305-3620-0000-315 145.36 01/18 01/29/2018 55347 421 AmeriPride uniforms- T.Gaither 601-3615-0000-301 31.47 01/18 01/29/2018 55347 421 AmeriPride Supplies for Public Works 305-3620-0000-315 146.38 01/18 01/29/2018 55347 421 AmeriPride Supplies for the WWTP 240-5705-0000-315 16.94 01/18 01/29/2018 55347 421 AmeriPride mats for Civic Center 100-1705-0000-315 51.05 01/18 01/29/2018 55347 421 AmeriPride Supplies for Fleet 601-3615-0000-315 30.00 01/18 01/29/2018 55347 421 AmeriPride Supplies for Public Works 305-3620-0000-315 95.04 01/18 01/29/2018 55347 421 AmeriPride Credit for returned uniforms/ George Negron 100-6620-0000-301 176.13-
Total 55347: 370.11
01/18 01/29/2018 55348 646 AT & T Phone for 12/24/17-1/23/18 602-1715-0000-310 1,117.46
Total 55348: 1,117.46
01/18 01/29/2018 55349 12493 Baker Supplies and Repairs Repairs to weedeater/ Streets dept 305-3620-0000-301 129.06
Total 55349: 129.06
M = Manual Check, V = Void Check City of Chowchilla Check Register - Council Warrant Detail Report Page: 18 Check Issue Dates: 1/1/2018 - 1/31/2018 Feb 06, 2018 07:42AM
GL Check Check Vendor Description Invoice Check Period Issue Date Number Number Payee GL Account Amount
01/18 01/29/2018 55350 986 Best Uniforms Charlie robertson vest 100-2610-0000-301 862.72
Total 55350: 862.72
01/18 01/29/2018 55351 11633 Bob Murray & Associates Community & Economic Development Director Search 100-4805-0000-306 8,129.09
Total 55351: 8,129.09
01/18 01/29/2018 55352 1281 BSK Associates Open PO for Weekly Water test- Water Dept- 2017-18 budget year 280-7605-0000-350 168.00 01/18 01/29/2018 55352 1281 BSK Associates Open PO for Weekly Water tests- WWTP- 2017-18 budget year 240-5705-0000-350 65.00 01/18 01/29/2018 55352 1281 BSK Associates Open PO for Weekly Water test- Water Dept- 2017-18 budget year 280-7605-0000-350 280.00
Total 55352: 513.00
01/18 01/29/2018 55353 1776 Cascade Fire Equipment Co Misc Fire hand tools and equipment for new fire engine 100-2705-0000-302 5,404.74
Total 55353: 5,404.74
01/18 01/29/2018 55354 2131 Chowchilla DoIt Best Supplies for the Parks dept 100-6620-0000-317 7.72 01/18 01/29/2018 55354 2131 Chowchilla DoIt Best Tools for the Parks dept 100-6620-0000-328 6.76 01/18 01/29/2018 55354 2131 Chowchilla DoIt Best Supplies for the parks dept 100-6620-0000-328 4.09 01/18 01/29/2018 55354 2131 Chowchilla DoIt Best Supplies for the Corp Yard 280-7605-0000-315 7.54
Total 55354: 26.11
01/18 01/29/2018 55355 3031 Department of Justice/Acc Fingerprinting for December 2017 100-2610-0000-306 260.00
Total 55355: 260.00
01/18 01/29/2018 55356 3066 Department of Transportation Open PO/ Signal Maint 2017 - 18 Budget year 305-3620-0000-317 1,624.67
Total 55356: 1,624.67
01/18 01/29/2018 55357 3676 Ewing Irrigation Products Inc. Irrigation repair parts 100-6620-0000-317 171.04 01/18 01/29/2018 55357 3676 Ewing Irrigation Products Inc. Irrigation valve kit 100-6620-0000-317 127.03
Total 55357: 298.07
01/18 01/29/2018 55358 3711 Farmers Hardware Supplies for the Water Dept 280-7605-0000-317 6.75
M = Manual Check, V = Void Check City of Chowchilla Check Register - Council Warrant Detail Report Page: 19 Check Issue Dates: 1/1/2018 - 1/31/2018 Feb 06, 2018 07:42AM
GL Check Check Vendor Description Invoice Check Period Issue Date Number Number Payee GL Account Amount
Total 55358: 6.75
01/18 01/29/2018 55359 12212 Fastenal Company Rain gear/ Streets dept 100-6620-0000-302 72.17 01/18 01/29/2018 55359 12212 Fastenal Company safety vest/ parks dept 100-6620-0000-302 18.31 01/18 01/29/2018 55359 12212 Fastenal Company Rain Gear/ Streets Dept 305-3620-0000-302 82.69 01/18 01/29/2018 55359 12212 Fastenal Company Rain Gear / Water Dept 280-7605-0000-302 53.86 01/18 01/29/2018 55359 12212 Fastenal Company Safety supplies for the WWTP 240-5705-0000-302 10.49
Total 55359: 237.52
01/18 01/29/2018 55360 3736 Ferguson Enterprises, Inc. Civic Center water leak repair 100-1705-0000-315 77.58
Total 55360: 77.58
01/18 01/29/2018 55361 3966 Franklin Pet Cemetery Animal Dispoal 100-2805-0000-324 105.00
Total 55361: 105.00
01/18 01/29/2018 55362 4371 Gladwell Governmental Services records retention legal review FY 17/18 100-1610-0000-336 500.00
Total 55362: 500.00
01/18 01/29/2018 55363 12446 Healthwise Services Sharps Container Kiosk 100-1705-0000-336 200.00
Total 55363: 200.00
01/18 01/29/2018 55364 6191 Mace Pest Control Monthly spray at Ed Ray Park 100-6620-0000-315 80.00
Total 55364: 80.00
01/18 01/29/2018 55365 11836 Madera Irrigation District RWMG Plan Update - One time fee 280-7605-0000-336 7,000.00 01/18 01/29/2018 55365 11836 Madera Irrigation District RWMG Membership 2018 Dues 280-7605-0000-307 1,800.00
Total 55365: 8,800.00
01/18 01/29/2018 55366 6346 Madera Tribune Rezoning App 18-0001 100-4605-0000-337 46.55
M = Manual Check, V = Void Check City of Chowchilla Check Register - Council Warrant Detail Report Page: 20 Check Issue Dates: 1/1/2018 - 1/31/2018 Feb 06, 2018 07:42AM
GL Check Check Vendor Description Invoice Check Period Issue Date Number Number Payee GL Account Amount
Total 55366: 46.55
01/18 01/29/2018 55367 12282 Mid Valley Disposal Inc. Disposal Services for city bin 260-5605-0000-350 227.48 01/18 01/29/2018 55367 12282 Mid Valley Disposal Inc. Disposal Services for City bins 260-5605-0000-350 1,127.58 01/18 01/29/2018 55367 12282 Mid Valley Disposal Inc. Disposal Services for City bins 260-5605-0000-350 443.96 01/18 01/29/2018 55367 12282 Mid Valley Disposal Inc. Disposal Services for city bins 260-5605-0000-350 1,135.25 01/18 01/29/2018 55367 12282 Mid Valley Disposal Inc. Disposal Services for city bins 260-5605-0000-350 1,224.90 01/18 01/29/2018 55367 12282 Mid Valley Disposal Inc. rent December 2017 100-1712-0000-800 54,326.33
Total 55367: 58,485.50
01/18 01/29/2018 55368 12860 Neopost USA Inc Postage Meter rental 100-1705-0000-300 145.46
Total 55368: 145.46
01/18 01/29/2018 55369 7516 Office Depot Office Supplies for Public Works 280-7605-0000-300 58.78 01/18 01/29/2018 55369 7516 Office Depot k9 dinner equipment 100-2618-0000-301 54.91 01/18 01/29/2018 55369 7516 Office Depot office supplies 100-1705-0000-300 67.33 01/18 01/29/2018 55369 7516 Office Depot Toner Replacement for Finance 100-1720-0000-300 148.36
Total 55369: 329.38
01/18 01/29/2018 55370 12907 O'Reilly Auto Parts clinics 601-3615-0000-301 240.00 01/18 01/29/2018 55370 12907 O'Reilly Auto Parts supplies for PD unit 50 100-2610-0000-320 161.02
Total 55370: 401.02
01/18 01/29/2018 55371 7671 Pacific Gas & Electric PGE for January 2018 325-3705-0000-315 54,503.13
Total 55371: 54,503.13
01/18 01/29/2018 55372 7966 Platt Electrical Supply Street light Parts for LLMD 310-3625-0000-300 841.45 01/18 01/29/2018 55372 7966 Platt Electrical Supply bulbs for the Senior Center 100-6615-0000-315 4.75
Total 55372: 846.20
01/18 01/29/2018 55373 13016 Polydyne Inc. Purchase Polymer chemical for the WWTP 240-5705-0000-315 2,973.90
M = Manual Check, V = Void Check City of Chowchilla Check Register - Council Warrant Detail Report Page: 21 Check Issue Dates: 1/1/2018 - 1/31/2018 Feb 06, 2018 07:42AM
GL Check Check Vendor Description Invoice Check Period Issue Date Number Number Payee GL Account Amount
Total 55373: 2,973.90
01/18 01/29/2018 55374 8081 PROtech Security & Electronics Repair alarm system at the WWTP 240-5705-0000-315 84.00
Total 55374: 84.00
01/18 01/29/2018 55375 13119 Reinard Brandley Consulting Engineer Evaluate and update the existing Airport Layout Plan 200-3805-0000-336 4,140.00 01/18 01/29/2018 55375 13119 Reinard Brandley Consulting Engineer Survey and Engineering design for repairs to the Taxiway and Apron 200-3805-0000-336 2,855.00
Total 55375: 6,995.00
01/18 01/29/2018 55376 8606 Roger Smith Electric Electrical repairs at Ed Ray park 100-6620-0000-315 90.00 01/18 01/29/2018 55376 8606 Roger Smith Electric Electrical repairs at Ed Ray park 100-6620-0000-315 90.00 01/18 01/29/2018 55376 8606 Roger Smith Electric Electrical repairs to Blower #3 at the WWTP 240-5705-0000-317 2,500.00 01/18 01/29/2018 55376 8606 Roger Smith Electric Electrical repair to Well #1 280-7605-0000-317 236.34 01/18 01/29/2018 55376 8606 Roger Smith Electric Pay Business License from Invoices 100-1600-0000-840 387.75-
Total 55376: 2,528.59
01/18 01/29/2018 55377 8796 S & W Auto Parts Inc. Oil filter and oil 100-2610-0000-320 80.84 01/18 01/29/2018 55377 8796 S & W Auto Parts Inc. Parts for Unit #346 100-6620-0000-320 9.24
Total 55377: 90.08
01/18 01/29/2018 55378 8906 San Joaquin Valley Air Permit fee for the WWTP generator 240-5705-0000-317 525.00
Total 55378: 525.00
01/18 01/29/2018 55379 9751 SWRCB/WDR Fees Annual Water System Fees for 7/1/17-6/30/18 280-7605-0000-345 7,656.00
Total 55379: 7,656.00
01/18 01/29/2018 55380 9791 Steves Chevrolet of Chowchilla smog veh 43 100-2805-0000-320 49.95 01/18 01/29/2018 55380 9791 Steves Chevrolet of Chowchilla smog check 601-3615-0000-320 49.95 01/18 01/29/2018 55380 9791 Steves Chevrolet of Chowchilla sensors 280-7605-0000-320 180.43
Total 55380: 280.33
M = Manual Check, V = Void Check City of Chowchilla Check Register - Council Warrant Detail Report Page: 22 Check Issue Dates: 1/1/2018 - 1/31/2018 Feb 06, 2018 07:42AM
GL Check Check Vendor Description Invoice Check Period Issue Date Number Number Payee GL Account Amount
01/18 01/29/2018 55381 10116 Tesei Petroleum Inc. Propane for Shelter 100-2805-0000-320 319.74 01/18 01/29/2018 55381 10116 Tesei Petroleum Inc. Propane for Unit #152 305-3620-0000-320 10.01 01/18 01/29/2018 55381 10116 Tesei Petroleum Inc. Fuel for 1/11/18-1/20/18 100-4805-0000-320 2,133.71
Total 55381: 2,463.46
01/18 01/29/2018 55382 11537 Toshiba Financial Services Copier Lease for Civic Center Feb 2018 602-1715-0000-408 1,001.70
Total 55382: 1,001.70
01/18 01/29/2018 55383 10756 Verizon Wireless Cell Phone Service 12/10-1/9/18 100-2615-0000-310 986.65 01/18 01/29/2018 55383 10756 Verizon Wireless Cell Phone Service 12/10-1/9/18 601-3615-0000-310 153.51 01/18 01/29/2018 55383 10756 Verizon Wireless Cell Phone Service 12/10-1/9/18 305-3620-0000-310 328.48 01/18 01/29/2018 55383 10756 Verizon Wireless Cell Phone Service 12/10-1/9/18 100-4805-0000-310 80.99
Total 55383: 1,549.63
01/18 01/29/2018 55384 11031 West Coast Arborists Inc. Annual pruning in L & L District Zone 13 310-3625-0000-316 7,762.50
Total 55384: 7,762.50
01/18 01/29/2018 55385 12757 West Valley Construction Investigating and Potholing Fire Hydrants/ City Wide 280-7605-0000-317 15,600.00 01/18 01/29/2018 55385 12757 West Valley Construction Test all Fire Hydrants City Wide 280-7605-0000-317 49,542.00
Total 55385: 65,142.00
01/18 01/29/2018 55386 11381 Zoom Imaging Solutions, Inc. Copier Usage - Fire Jan 2018 602-1715-0000-301 47.88
Total 55386: 47.88
01/18 01/29/2018 55387 1606 California Dept. of Tax 2017 Use Tax SRDF 041-635491 701-0200-0000-042 766.00
Total 55387: 766.00
01/18 01/31/2018 55388 10081 Richard John Telford Payroll 1/29-1/31/18 602-1715-0000-101 961.59 01/18 01/31/2018 55388 10081 Richard John Telford Payroll - Vacation Cashout 602-1715-0000-203 3,932.57
Total 55388: 4,894.16
M = Manual Check, V = Void Check City of Chowchilla Check Register - Council Warrant Detail Report Page: 23 Check Issue Dates: 1/1/2018 - 1/31/2018 Feb 06, 2018 07:42AM
GL Check Check Vendor Description Invoice Check Period Issue Date Number Number Payee GL Account Amount
Grand Totals: 687,298.71
Report Criteria: Report type: Invoice detail
M = Manual Check, V = Void Check Item 3.4
CLICK HERE TO RETURN TO THE AGENDA REPORT TO THE CITY COUNCIL Meeting of: February 13, 2018
AGENDA SECTION: Consent
SUBJECT: Authorization of Animal Control Vehicle Purchase
PREPARED BY: David Riviere, Chief of Police
ATTACHMENTS: Quotes
REVIEWED BY REVIEWED BY REVIEWED BY ADMINISTRATOR ☒ ATTORNEY ☒ FINANCE ☒
RECOMMENDATION: Council approves the purchase Ford F250 (State Bid) from Downtown Ford Sales, Sacramento Ca, approve the purchase of a professional looking animal control unit and outfitting the vehicle with all the necessary equipment. This purchase would be in replacement of Unit 43 (Ford F250).
BACKGROUND: The Chowchilla Police Department currently has one, 1999 Ford F250 utilized as the Animal Control vehicle. It currently has over 134,762 miles and is in constant need of repair as a result of its age and mileage. Parts for this vehicle are also very difficult and at times impossible to locate.
The vehicle is utilized for the purpose of transporting animals while in process of performing the animal control duties. The vehicle is also utilized to transport the Police/Fire Command Post which requires a vehicle with the tow capacity and features offered by the Ford F250.
Currently the state bid is awarded to Downtown Ford Sales in the City of Sacramento and the replacement we are looking at is the 2018 Ford F250 Crew Cab.
We have purchased several vehicles from this state bid and those vehicles are assigned to patrol, K9 and one unmarked unit. All of these vehicles have performed at or above expectations.
The animal control unit which slides into the bed of the vehicle, is recommended to be purchased from; American Aluminum and shipped directly to Cooks’ Communication for installation.
Once purchased, we would have the vehicle outfitted with the animal control “slide in” unit which will house the animals and necessary animal control equipment.
REASON FOR RECOMMENDATION: Staff recommends replacement of our animal control vehicle and the purchase of a slide in unit, because our current animal control vehicle is nearly 20 years old with nearly 135, 000 miles. Because of the age of the vehicle we are finding it very difficult and costly to repair it. The fuel cost is high due to the larger size motor. The current animal control vehicle while it is functional, it does not portray a very professional look, it was never properly outfitted to be an animal control vehicle.
Staff is recommending the purchase of a slide in unit. Quotes for the slide in unit are attached. The quotes range in price from $9,360.00 (Spivack Marketing Group) and $11,573.00 (American Aluminum), (shipped to Cooks for install), to $14,540 if we shipped our newly purchased vehicle to Florida for the install. Which would require the vehicle to be shipped back to California once the install is complete.
Staff is recommending having the animal control vehicle outfitted and the slide in unit be installed by an outside vendor. The outfitting of patrol vehicles by outside vendors has been done with all of our previously purchased vehicles since 2000. Once purchased, we would then send the vehicle to Cook’s Communication in Fresno Ca. where it would be completely outfitted with the necessary equipment for animal control operations. Cook’s Communication has been the vendor our department has been utilizing to outfit our emergency vehicles for the past 5 years. We had previously sought quotes from other vendors to install the needed equipment and Cook’s Communication has always been the best option financially as well as quality.
Staff sought quotes from Vincent Communications to complete the unfitting and install, however they declined. Staff did not seek any other quotes because the slide in unit quote given by Spivack Marketing Group was given with Cooks Communication doing the install of the unit. Staff recommends completely unfitting the vehicle there, based on their previous work and experience in this area of emergency vehicle outfitting. They have had great customer service and are highly recommended. Our I.T. personnel have also checked their quality of installation and agreed that they do an outstanding job and their price of installation is hard to compare or compete with.
FISCAL IMPACT: This is a budgeted expense and was approved for FY 2017 / 2018 Council approved $60,000.00 for this expense.
The purchase price for the F250 from the State Bid to include tax and shipping cost is: $ 31,296.31
Cook’s Communications outfitting of vehicle will cost: $ 19,427.09
The ShirtShak decals for vehicle cost is: $ 250.00
Total cost to City of Chowchilla: $50,973.40
The remaining balance will be used to replace older animal control equipment.
ALTERNATIVES: We can continue to utilize the vehicle we have which will cost us in the long run for maintenance and fuel.
ACTIONS FOLLOWING APPROVAL: The vehicle will be ordered from Downtown Ford immediately to ensure we make the February 21, 2018, deadline for the State Bid. The slide in unit will be ordered from American Aluminum and shipped directly to Cook’s Communication for installation. Upon delivery of the vehicle to the Police Department it will be sent directly to Cooks Communication for unfitting and installation of the slide in unit. Once that is completed the vehicle will be decaled and placed into service.
Item 3.5
CLICK HERE TO RETURN TO THE AGENDA REPORT TO THE CITY COUNCIL Meeting of: February 13, 2018
AGENDA SECTION: Consent
SUBJECT: Endorsement of a Resolution Supporting the “Reducing of Crime and Keeping California Safe Act of 2018”
PREPARED BY: David Riviere, Chief of Police
ATTACHMENTS: Resolution of Support, Fact Sheet
REVIEWED BY REVIEWED BY REVIEWED BY ADMINISTRATOR ☒ ATTORNEY ☒ FINANCE ☒
RECOMMENDATION: Staff recommends that City Council endorse resolution supporting the “Reducing of Crime and Keeping California Safe Act of 2018”.
BACKGROUND: California has passed some legislation over the past few years that has resulted in a series of unintended consequences that have negatively impacted public safety in communities throughout California. Changes meant to help keep someone who steals a magazine out of jail, are now allowing individuals to steal up to $950 repeatedly from stores and businesses. Additionally, reform intended to lower penalties on personal drug use and theft have diminished the amount of evidence law enforcement can collect to help solve cold case murders, rapes, and robberies. Modifications to our parole system designed to apply to non-violent offenders are set to potentially provide early release to serious domestic abusers.
REASON FOR RECOMMENDATION: The California Police Chiefs Association represents more than 330 active police chiefs, who are directly responsible for the safety of roughly 26 million Californians. Over the last several legislative sessions and election cycles, our Association and law enforcement partners have tried our best to integrate a series of major reforms into our criminal justice system. However, the cumulative effect has created impacts to our communities that we cannot ignore. It is important to note that in addressing these consequences, we are not proposing to do away with all of the recent changes, and in no way are we advocating for a system of mass incarceration.
In general, the overall intent of the prior measures has been to increase opportunities for rehabilitation while lowering recidivism and incarceration rates. We agree those are worthy goals. However, at what cost to our citizens.
FISCAL IMPACT: There is no fiscal impact to the City of Chowchilla.
ALTERNATIVES: Choose not to endorse the resolution of support.
ACTIONS FOLLOWING APPROVAL: Send signed resolution to the California Police Chiefs Association. COUNCIL RESOLUTION # -18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CHOWCHILLA SUPPORTING THE “REDUCING CRIME AND KEEPING CALIFORNIA SAFE ACT OF 2018”
WHEREAS, protecting every person in our state, including our most vulnerable children, from violent crime is of the utmost importance. Murderers, rapists, child molesters and other violent criminals should not be released early from prison; and
WHEREAS, since 2014, California has had a larger increase in violent crime than the rest of the United States. Since 2013, violent crime in Los Angeles has increased 69.5%. Violent crime in Sacramento rose faster during the first six months of 2015 than in any of the 25 largest U.S. cities tracked by the FBI; and
WHEREAS, The FBI Preliminary Semiannual Uniform Crime Report for 2017, which tracks crimes committed during the first six months of the past year in U. S. cities with populations over 100,000, indicates that last year violent crime increased again in most of California’s largest cities.
WHEREAS, recent changes to parole laws allowed the early release of dangerous criminals by the law's failure to define certain crimes as "violent." These changes allowed individuals convicted of sex trafficking of children, rape of an unconscious person, felony assault with a deadly weapon, battery on a police officer or firefighter, and felony domestic violence to be considered "nonviolent offenders."; and
WHEREAS, as a result, these so-called "non-violent" offenders are eligible for early release from prison after serving only a fraction of the sentence ordered by a judge; and
WHEREAS, violent offenders are also being allowed to remain free in our communities even when they commit new crimes and violate the terms of their post release community supervision, like the gang member charged with the murder of Whittier Police Officer, Keith Boyer; and
WHEREAS, this measure reforms the law so felons who violate the terms of their release can be brought back to court and held accountable for such violations; and
WHEREAS, nothing in this act is intended to create additional "strike" offenses which would increase the state prison population, nor is it intended to affect the ability of the California Department of Corrections and Rehabilitation to award educational and merit credits; and
WHEREAS, recent changes to California law allow individuals who steal repeatedly to face few consequences, regardless of their criminal record or how many times they steal; and
WHEREAS, as a result, between 2014 and 2016, California had the 2nd highest increase in theft and property crimes in the United States, while most states have seen a steady decline. According to the California Department of Justice, the value of property stolen in 2015 was $2.5 billion with an increase of 13 percent since 2014, the largest single-year increase in at least ten years; and
WHEREAS, grocery store operators around the state have seen unprecedented increases in the amount of losses associated with shoplifting in their stores, with some reporting up to 150% increases in these losses from 2012 to present, with the largest jumps occurring since 2014; and
WHEREAS, shoplifting incidents have started to escalate in such a manner that have endangered innocent customers and employees; and
WHEREAS, individuals who repeatedly steal often do so to support their drug habit. Recent changes to California law have reduced judges' ability to order individuals convicted of repeated theft crimes into effective drug treatment programs; and
WHEREAS, California needs stronger laws for those who are repeatedly convicted of theft related crimes, which will encourage those who repeatedly steal to support their drug problem to enter into existing drug treatment programs. This measure enacts such reforms; and
WHEREAS, collecting DNA from criminals is essential to solving violent crimes. Over 450 violent crimes including murder, rape and robbery have gone unsolved because DNA is being collected from fewer criminals; and
WHEREAS, DNA collected in 2015 from a convicted child molester solved the rape- murders of two six-year-old boys that occurred three decades ago in Los Angeles County. DNA collected in 2016 from an individual caught driving a stolen car solved the 2012 San Francisco Bay Area rape/murder of an 83-year-old woman; and
WHEREAS, recent changes to California law unintentionally eliminated DNA collection for theft and drug crimes. This measure restores DNA collection from persons convicted for such offenses; and
WHEREAS, permitting collection of more DNA samples will help identify suspects, clear the innocent and free the wrongly convicted, and
WHEREAS, this measure does not affect existing legal safeguards that protect the privacy of individuals by allowing for the removal of their DNA profile if they are not charged with a crime, are acquitted or are found innocent.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla herby supports the Reducing Crime and Keeping California Safe Act of 2018.
PASSED AND ADOPTED by City Council of the City of Chowchilla this 13th day of February 2018 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Dennis Haworth, Mayor
ATTEST:
Joann McClendon, CMC City Clerk
An Initiative for Public Safety
VIOLENT CRIME
n Expands the list of violent crimes for which early release is not an option n Under current law, rape of an unconscious person, trafficking a child for sex, assault of a peace officer, felony domestic violence and other similar crimes are not classified as “violent felonies” — making criminals convicted of these crimes eligible for early release
DNA COLLECTION
n Reinstates DNA collection for certain crimes that were reduced to misdemeanors as part of Proposition 47 n Multiple studies have shown that DNA collected from theft and drug crimes has helped solve other violent crimes, including robbery, rape and murder. Since passage of Prop. 47, cold case hits have dropped over 2,000, with more than 450 of those hits connected to violent crimes SERIAL THEFT
n Revises the theft threshold by adding a felony for serial theft — when a person is caught for the 3rd time stealing with a value of $250 n Prop. 47 changed the dollar threshold for theft to be considered a felony — from $450 to $950. As a result, there has been an explosion of serial theft and an inability of law enforcement to prosecute these crimes effectively. Theft has increased by 12% to 25%, with losses of a billion dollars since the law was passed.
PAROLE VIOLATIONS
n Requires the Board of Parole Hearings to consider an inmate’s entire criminal history when deciding parole, not just his most recent commitment offense; and requires a mandatory hearing to determine whether parole should be revoked for any parolee who violates the terms of his parole for the third time n AB 109 bases parole solely on an offender’s commitment offense, resulting in the release of inmates with serious and violent criminal histories. Moreover, parolees who repeatedly violate the terms of their parole currently face few consequences, allowing them to remain on the street
For more information, please visit www.keepcalsafe.org. Item 3.6
CLICK HERE TO RETURN TO THE AGENDA REPORT TO THE CITY COUNCIL Meeting of: February 13, 2018
AGENDA SECTION: Consent
SUBJECT: Endorsement of a Letter Supporting Madera County Applying for a Statewide Flood Emergency Response Grant
PREPARED BY: Jason Rogers, Director of Public Works
ATTACHMENTS: Letter of Support
REVIEWED BY REVIEWED BY REVIEWED BY ADMINISTRATOR ☒ ATTORNEY ☒ FINANCE ☒
RECOMMENDATION: That the City Council endorse a Letter of Support for Madera County to apply for funding Round 3 of the Statewide Flood Emergency Grant.
BACKGROUND: The objective of the Statewide Flood Emergency Grant is to provide funding for local emergency responders to work with Department of Water Resources (DWR) to improve local flood emergency preparedness and response. The local agencies, as first responders, play a key role in management of flood emergencies in their jurisdictions. To qualify for Federal Emergency Management Agency (FEMA) disaster funds, local agencies are required to prepare a Multi-Hazard Mitigation Plan, called an Emergency Action Plan (EAP), which includes planning for all potential emergencies in their jurisdictions.
REASON FOR RECOMMENDATION: Madera County Public Works is proposing to pursue a planning grant, which would help the county as a whole, to develop the EAP. The EAP would later make the County eligible for other grant programs for training and exercises, facilities, equipment and supplies. This planning grant will be used to secure the services of a consulting firm to assist the County in the creation of this plan.
Funding for this Grant Program will be provided through Proposition 84, The Safe Drinking Water, Water Quality & Supply, Flood Control, River & Coastal Bond Act of 2006 (Section 75032 of Chapter 3 of Division 43 of the Public Resources Code). Final award announcement is scheduled for June 2018.
Attached is a letter of support/commitment required by the grant. The development of this Emergency Action Plan will be similar to the development of the Regional Storm Water Resource Plan, of which the City of Chowchilla is a member of the Technical Advisory Committee.
FISCAL IMPACT: There is no fiscal impact to the City’s General Fund or remaining funds with this endorsement.
ALTERNATIVES: Do not endorse the letter of support.
ACTIONS FOLLOWING APPROVAL: Send the letter of support to Madera County Public Works.
February 13, 2018
Mr. John Paasch, Chief Flood Operations Branch Division of Flood Management Department of Water Resources 3310 El Camino Avenue Suite 200 Sacramento CA 95821
RE: Letter of Commitment for Madera County Flood Emergency Response Project
Dear Mr. Paasch:
This letter is in reference to Madera County Flood Control and Water Conservation Agency’s application for the Madera County Regional Flood Emergency Response Project (Project) to receive funding under the CA Department of Water Resources’ Flood Emergency Response Projects - Statewide Round 3 Grant.
With this letter of commitment, the City of Chowchilla supports the project and commits to the project by participating in meetings and workshops, providing available existing information from our agency, reviewing deliverables to support the development and implementation of the project, and/or participating in available training and exercises.
For this project, our contact information is as follows: Name: Jason Rogers Title: Director of Public Works Mailing Address: 130 S. Second Street, Chowchilla, CA 93610 Phone: 559-665-8615 x300 Email Address: [email protected]
We look forward to continuing to work with the Madera County Flood Control and Water Conservation Agency and the other local entities that are part of the Project.
Sincerely,
Dennis Haworth Mayor City of Chowchilla
130 S Second Street, Chowchilla, CA 93610 Telephone: (559) 665-8615 www.CityOfChowchilla.org cc: Dario Dominguez, Sr. Engineer (Engineer III), Madera County Flood Control and Water Conservation Agency via email
Item 3.7 A/B
CLICK HERE REPORT TO THE CITY COUNCIL/ TO RETURN TO THE AGENDA REDEVELOPMENT SUCCESSOR AGENCY Meeting of: February 13, 2018
AGENDA SECTION: Consent
SUBJECT: Consideration of a Resolution Approving an Amendment to the Indenture of Trust, Section 5.01(e) Relating to the Successor Agency of the City of Chowchilla, Tax Allocation Refunding Bonds, Series 2016
PREPARED BY: Sherri Dueker, Accounting Manager
ATTACHMENTS: First Amendment to Indenture of Trust, Resolutions, Bond Council Opinion Letter
REVIEWED BY REVIEWED BY REVIEWED BY ADMINISTRATOR ☒ ATTORNEY ☒ FINANCE ☒
RECOMMENDATION: City Council/Board approve resolution the First Amendment to Indenture of Trust, Section 5.01(e).
BACKGROUND: Indenture of Trust, Section 5.01(e) requires the City of Chowchilla Successor Agency to provide Audited Financial Statements within 180 days after fiscal year end. Audited Financial Statements are not due to the State Controller’s Office until March 31st of every year. Due to timing of year end close, scheduling of auditors and completion of final documents, the City of Chowchilla would not be able to meet the 180 day requirement. Therefore, to keep in line with State reporting requirements and provide adequate timing for completion of audit, it was essential the Indenture of Trust was amended to reflect a manageable timeframe for submission of the Audited Financial Statement to the Trustee according to the Indenture requirements.
REASON FOR RECOMMENDATION: To be able to present the Audited Financial Statements to the Trustee in a more reasonable timeframe in order to stay compliant with Indenture of Trust requirements.
FISCAL IMPACT: None
ALTERNATIVES: To not approve the amendment would lead to non-compliance of reporting requirements and can affect and or lead to an adverse credit rating.
ACTIONS FOLLOWING APPROVAL: Documents to be returned to Finance for submission to US Bank, Trustee to the Successor Agency, Tax Allocation Refunding Bonds, Series 2016 Quint & Thimmig LLP 01/30/18
FIRST AMENDMENT TO INDENTURE OF TRUST
Dated as of August 1, 2017
by and between the
SUCCESSOR AGENCY OF THE CITY OF CHOWCHILLA
and
U.S. BANK NATIONAL ASSOCIATION, as Trustee
Amending that certain Indenture of Trust, dated as of September 1, 2016, by and between the Successor Agency of the City of Chowchilla and U.S. Bank National Association, as Trustee, relating to
$6,190,000 Successor Agency of the City of Chowchilla (Madera County, California) Tax Allocation Refunding Bonds, Series 2016
03082.01
FIRST AMENDMENT TO INDENTURE OF TRUST
This FIRST AMENDMENT TO INDENTURE OF TRUST (this “First Amendment”), dated as of February 1, 2018, is made between by and between the SUCCESSOR AGENCY OF THE CITY OF CHOWCHILLA, a public body duly organized and existing under the laws of the State of California (the “Successor Agency”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America, as trustee (the “Trustee”), amending that certain Indenture of Trust, dated as of September 1, 2016, by and between the Successor Agency and the Trustee (the “Original Indenture”).
WHEREAS, the Successor Agency and the Trustee have executed and delivered the Original Indenture under and pursuant to which the Successor Agency issued its $6,190,000 Successor Agency of the City of Chowchilla (Madera County, California), Tax Allocation Refunding Bonds, Series 2016 (the “2016 Bonds”);
WHEREAS, the proceeds of the 2016 Bonds were used to refund the outstanding Chowchilla Redevelopment Agency Tax Allocation Refunding Bonds, Series 2005 (Chowchilla Redevelopment Project);
WHEREAS, it has been determined that the Original Indenture is defective in that the date specified in Section 5.01(e) of the Original Indenture requiring the preparation of audited financial statements within 180 days after the end of each fiscal year is defective in that it conflicts with the date for the preparation of audited financial statements set forth in the continuing disclosure certificate prepared for the 2016 Bonds which specify that such financial statements are to be prepared within 270 day (nine months) after the end of each fiscal year;
WHEREAS, Section 7.01(b) of the Original Indenture provides that the Original Indenture may be modified or amended from time-to-time and at any time by an indenture or indentures supplemental thereto, which the Successor Agency and the Trustee may enter into without the consent of any Owners, to make such provisions for the purpose of curing any ambiguity, or of curing, correcting or supplementing any defective provision contained in this Indenture, or in any other respect whatsoever as the Successor Agency may deem necessary or desirable, provided under any circumstances that such modifications or amendments shall not, in the reasonable determination of the Successor Agency, materially adversely affect the interests of the Owners;
NOW, THEREFORE, the parties hereto, for good and valuable consideration the receipt of which is acknowledged, and intending to be legally bound hereby, agree as follows:
Section 1. Definitions. All defined terms used in this First Amendment and the Recitals hereto, unless defined elsewhere in this First Amendment, shall have the meanings given to those terms in the Original Indenture.
Section 2. Amendment of Section 5.01 of the Original Indenture. Paragraph (e) of Section 5.01 of the Original Indenture is hereby amended in full as follow:
(e) Books and Accounts; Financial Statements. The Successor Agency covenants and agrees that it will at all times keep, or cause to be kept, proper and current books and accounts (separate from all other records and accounts) in which complete and accurate entries shall be made of all transactions relating to the Redevelopment Project and the Tax Revenues and other funds relating to the Redevelopment Project. The
03082.01
Successor Agency will prepare within two hundred seventy (270) days after the close of each of its Fiscal Years a post-audit of the financial transactions and records of the Successor Agency for the Fiscal Year to be made by an Independent Certified Public Accountant appointed by the Successor Agency, and will furnish a copy of the post- audit to the Trustee and any rating agency which maintains a rating on the Bonds, and, upon written request, to any Bondowner. The Trustee shall have no duty to review such post-audits.
Section 3. Survival. Except as specifically provided in this First Amendment, all terms and conditions of the Original Indenture shall remain in full force and effect, unaltered and unamended hereby.
Section 4. Counterparts. This First Amendment may be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.
Section 5. Governing Law. This First Amendment shall be governed by and construed and interpreted in accordance with the Constitution and laws of the State of California without giving effect to conflict of laws principles thereof.
Section 6. Headings. Headings of Sections in this First Amendment are for reference purposes only and shall not be deemed to have any substantive effect.
-2-
IN WITNESS WHEREOF, the SUCCESSOR AGENCY OF THE CITY OF CHOWCHILLA has caused this First Amendment to be signed in its name by one of its authorized officers and attested by its Board Clerk, and U.S. BANK NATIONAL ASSOCIATION, as Trustee, in token of its acceptance of the trusts created hereunder, has caused First Amendment to be signed in its corporate name by one of its authorized officers, all as of the day and year first above written.
SUCCESSOR AGENCY OF THE CITY OF CHOWCHILLA
By Brian Haddix Executive Director Attest:
Joann McClendon CMC Board Clerk U.S. BANK NATIONAL ASSOCIATION, as Trustee
By Michelle Knutson Assistant Vice President
-3- COUNCIL RESOLUTION # -18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA APPROVING AN AMENDMENT TO THE INDENTURE OF TRUST RELATING TO ITS SUCCESSOR AGENCY OF THE CITY OF CHOWCHILLA (MADERA COUNTY, CALIFORNIA), TAX ALLOCATION REFUNDING BONDS, SERIES 2016
WHEREAS, pursuant to section 34172(a) of the California Health and Safety Code (unless otherwise noted, all section references hereinafter being to such Code), the Chowchilla Redevelopment Agency (the “Former Agency”) has been dissolved and no longer exists as a public body, corporate and politic, and pursuant to section 34173, and the Successor Agency of the City of Chowchilla (the “Successor Agency”) has become the successor entity to the Former Agency;
WHEREAS, the Successor Agency and the Trustee have executed and delivered the Indenture of Trust, dated as of September 1, 2016 (the “Original Indenture”), under and pursuant to which the Successor Agency issued its $6,190,000 Successor Agency of the City of Chowchilla (Madera County, California), Tax Allocation Refunding Bonds, Series 2016 (the “2016 Bonds”);
WHEREAS, the proceeds of the 2016 Bonds were used to refund the outstanding Chowchilla Redevelopment Agency Tax Allocation Refunding Bonds, Series 2005 (Chowchilla Redevelopment Project);
WHEREAS, it has been determined that the Original Indenture is defective in that the date specified in Section 5.01(e) of the Original Indenture requiring the preparation of audited financial statements within 180 days after the end of each fiscal year is defective in that it conflicts with the date for the preparation of audited financial statements set forth in the continuing disclosure certificate prepared for the 2016 Bonds which specify that such financial statements are to be prepared within 270 day (nine months) after the end of each fiscal year;
WHEREAS, Section 7.01(b) of the Original Indenture provides that the Original Indenture may be modified or amended from time-to-time and at any time by an indenture or indentures supplemental thereto, which the Successor Agency and the Trustee may enter into without the consent of any Owners, to make such provisions for the purpose of curing any ambiguity, or of curing, correcting or supplementing any defective provision contained in this Indenture, or in any other respect whatsoever as the Successor Agency may deem necessary or desirable, provided under any circumstances that such modifications or amendments shall not, in the reasonable determination of the Successor Agency, materially adversely affect the interests of the Owners;
WHEREAS, it is necessary and appropriate that the Original Indenture be amended to make such corrections;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chowchilla, as follows:
Section 1. The Successor Agency hereby approves an amendment to the Original Indenture (the “First Amendment”) in the form on file with the Successor Agency Board Clerk. The Chair of the Successor Agency and the Executive Director (each, an “Authorized Officer”), each acting alone, are hereby authorized and directed to execute and deliver, and the Successor Agency Board Clerk, is hereby authorized and directed to attest to, the First Amendment for and in the name and on behalf of the Successor Agency in such form, together with such changes therein, deletions therefrom and additions thereto as the Authorized Officer executing the same shall approve, such approval to be conclusively evidenced by the execution and delivery of the First Amendment. The Successor Agency hereby authorizes the delivery and performance of the First Amendment.
Section 2. Each officer of the Successor Agency is hereby authorized and directed to do any and all things necessary or advisable in order to effectuate the purposes of this Resolution and the First Amendment.
Section 3. This Resolution shall take effect from and after the date of its passage and adoption.
Section 4. The Board Clerk shall certify to the passage and adoption hereof.
* * * * * * * * * * * *
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 13th day of February, 2018 by the following vote to wit:
AYES: NOES: ABSENT: ABSTAIN:
APPROVED:
Mayor Dennis Haworth ATTEST:
Joann McClendon, CMC City Clerk REDEVELOPMENT SUCCESSOR AGENCY OF THE CITY OF CHOWCHILLA
RESOLUTION # -18
A RESOLUTION OF THE REDEVELOPMENT SUCCESSOR AGENCY OF THE CITY OF CHOWCHILLA, CALIFORNIA APPROVING AN AMENDMENT TO THE INDENTURE OF TRUST RELATING TO ITS SUCCESSOR AGENCY OF THE CITY OF CHOWCHILLA (MADERA COUNTY, CALIFORNIA), TAX ALLOCATION REFUNDING BONDS, SERIES 2016
WHEREAS, pursuant to section 34172(a) of the California Health and Safety Code (unless otherwise noted, all section references hereinafter being to such Code), the Chowchilla Redevelopment Agency (the “Former Agency”) has been dissolved and no longer exists as a public body, corporate and politic, and pursuant to section 34173, and the Successor Agency of the City of Chowchilla (the “Successor Agency”) has become the successor entity to the Former Agency;
WHEREAS, the Successor Agency and the Trustee have executed and delivered the Indenture of Trust, dated as of September 1, 2016 (the “Original Indenture”), under and pursuant to which the Successor Agency issued its $6,190,000 Successor Agency of the City of Chowchilla (Madera County, California), Tax Allocation Refunding Bonds, Series 2016 (the “2016 Bonds”);
WHEREAS, the proceeds of the 2016 Bonds were used to refund the outstanding Chowchilla Redevelopment Agency Tax Allocation Refunding Bonds, Series 2005 (Chowchilla Redevelopment Project);
WHEREAS, it has been determined that the Original Indenture is defective in that the date specified in Section 5.01(e) of the Original Indenture requiring the preparation of audited financial statements within 180 days after the end of each fiscal year is defective in that it conflicts with the date for the preparation of audited financial statements set forth in the continuing disclosure certificate prepared for the 2016 Bonds which specify that such financial statements are to be prepared within 270 day (nine months) after the end of each fiscal year;
WHEREAS, Section 7.01(b) of the Original Indenture provides that the Original Indenture may be modified or amended from time-to-time and at any time by an indenture or indentures supplemental thereto, which the Successor Agency and the Trustee may enter into without the consent of any Owners, to make such provisions for the purpose of curing any ambiguity, or of curing, correcting or supplementing any defective provision contained in this Indenture, or in any other respect whatsoever as the Successor Agency may deem necessary or desirable, provided under any circumstances that such modifications or amendments shall not, in the reasonable determination of the Successor Agency, materially adversely affect the interests of the Owners;
WHEREAS, it is necessary and appropriate that the Original Indenture be amended to make such corrections;
NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Successor Agency of the City of Chowchilla, as follows:
Section 1. The Successor Agency hereby approves an amendment to the Original Indenture (the “First Amendment”) in the form on file with the Successor Agency Board Clerk. The Chair of the Successor Agency and the Executive Director (each, an “Authorized Officer”), each acting alone, are hereby authorized and directed to execute and deliver, and the Successor Agency Board Clerk, is hereby authorized and directed to attest to, the First Amendment for and in the name and on behalf of the Successor Agency in such form, together with such changes therein, deletions therefrom and additions thereto as the Authorized Officer executing the same shall approve, such approval to be conclusively evidenced by the execution and delivery of the First Amendment. The Successor Agency hereby authorizes the delivery and performance of the First Amendment.
Section 2. Each officer of the Successor Agency is hereby authorized and directed to do any and all things necessary or advisable in order to effectuate the purposes of this Resolution and the First Amendment.
Section 3. This Resolution shall take effect from and after the date of its passage and adoption.
Section 4. The Board Clerk shall certify to the passage and adoption hereof.
* * * * * * * * * * * * PASSED AND ADOPTED by the Redevelopment Successor Agency of the City of Chowchilla this 13th day of February, 2018 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN: APPROVED:
Board Chair Dennis Haworth
ATTEST:
Joann McClendon, Board Clerk
-2- Quint & Thimmig LLP 01/30/18
February __, 2018
Successor Agency of the City of Chowchilla 130 South Second Street Chowchilla, California 93610
U.S. Bank National Association One California Street, Suite 1000 San Francisco, California 94111
Re: First Amendment to Indenture of Trust, dated as of February 1, 2018, by and between the Successor Agency of the City of Chowchilla and U.S. Bank National Association, as trustee, amending that certain Indenture of Trust, dated as of September 1, 2016, by and between the Successor Agency of the City of Chowchilla and U.S. Bank National Association, as trustee, relating to the $6,190,000 principal amount of Successor Agency of the City of Chowchilla (Madera County, California) Tax Allocation Refunding Bonds, Series 2016
Ladies and Gentlemen:
We have been requested to provide an opinion with respect to a First Amendment to Indenture of Trust (the “First Amendment to Indenture”), dated as of February 1, 2018, by and between the Cal Successor Agency of the City of Chowchilla (the “Successor Agency”) and U.S. Bank National Association, as trustee (the “Trustee”), amending that certain Indenture of Trust, dated as of September 1, 2016, by and between the Successor Agency and the Trustee (the “Indenture”).
In connection with the following opinions, we have reviewed the Indenture, the First Amendment to Indenture and such other information and documents as we consider necessary in the circumstances. As to questions of fact material to our opinion, we have relied upon such representations and other certifications of public officials and others furnished to us and such other documents as we deemed necessary in the circumstances, without undertaking to verify such facts by independent investigation.
Based upon the foregoing, and without independent investigation, we are of the opinion, as of the date hereof, that:
(1) the First Amendment to Indenture is a valid and binding amendment of the Indenture;
(2) the amendment of the Indenture complies with the provisions of the Indenture, will not adversely affect the rights of the Owners (as defined in the Indenture) thereunder and will not impair the enforceability or validity of the Indenture; and
(3) the amendment of the Indenture will not impair any exemption of interest on the Bonds (as defined in the Indenture) from State of California personal income taxation.
This opinion is rendered solely for the benefit of the addressees hereof, and may not be relied upon by any other person without our prior written consent.
Respectfully submitted,
03082.01 Item 4.1
CLICK HERE TO RETURN TO THE AGENDA REPORT TO THE CITY COUNCIL Meeting of: February 13, 2018
AGENDA SECTION: Public Hearing
SUBJECT: Rezone Application #18-0001 Rezone from Institutional to C-3 General & Service Commercial (APN 014-020-007)
PREPARED BY: Annalisa Perea, AICP, Contract City Planner
ATTACHMENTS: Figure 1 – Site Map Figure 2 – Zoning Map Figure 3 – General Plan Map Ordinance
REVIEWED BY REVIEWED BY REVIEWED BY ADMINISTRATOR ☒ ATTORNEY ☒ FINANCE ☒
RECOMMENDATION: The Planning Commission recommends that the City Council approve Rezone Application #18- 0001 to rezone APN 014-020-007 from Institutional to C-3 General and Service Commercial.
BACKGROUND: Steve’s Chevrolet is proposing to rezone a portion of their property (APN 014-020-007) from Institutional to C-3 General and Service Commercial. The 0.57-ac parcel (Figure 1) was acquired by Steve’s Chevrolet back in 2007 in order to expand business operations, with the parcel being used as an extension of their sales lot. According to a staff report dated June 11, 2007, the site was previously owned by the City of Chowchilla and was used as a small drainage basin. At that time, it had been determined that it was no longer needed by the City, in which case, the City agreed to offer the basin to Steve’s Chevrolet for the cost of filling and compacting the basin and relocating the pipeline system and a fair share cost of the new pipeline to a new basin.
As seen on Figure 2, the larger parcel comprising the Steve’s Chevrolet site, along with the general surrounding vicinity, is currently zoned C-3 General and Service Commercial. The smaller subject parcel is the only area within the vicinity zoned as Institutional.
The subject parcel (APN 014-020-007) has a General Plan Designation of Service Commercial – Highway (Figure 3). The existing Institutional Zone does not conform with this designation. In order to bring this parcel into conformance with the intended General Plan Designation, a rezone from Institutional to C-3 General & Service Commercial would need to occur.
This item was heard before the Planning Commission at their January 17, 2018 meeting, where they voted unanimously to recommend approval of the item. Staff recommended approval to the Commission, and there were no comments during the public hearing. REASON FOR RECOMMENDATION: Approval of the rezone would bring the zoning designation into compliance with the underlying General Plan designation.
FISCAL IMPACT: None
ALTERNATIVES: If denied, the subject site’s zoning would remain out of conformance with the General Plan designation.
ACTIONS FOLLOWING APPROVAL: Following approval by the City Council, the zoning map would be updated to reflect the new zoning designation.
Figure 1 Site Map
Project Site
Figure 2 Top Map – City Zoning Map Bottom Map – Zoom in of Subject Parcel
Project Site
Figure 3 Top Map – General Plan Land Use Map - Adopted 2011 Bottom Map – Historical General Plan Land Use Map – date unknown ORDINANCE # -2018
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, IN THE COUNTY OF MADERA, CALIFORNIA, APPROVING REZONE NO. 2018-0001, CHANGING THE ZONING MAP TO REZONE THE PROPERTY LOCATED AT APN 014-020-007 FROM INST (Institutional) TO C-3 (General & Service Commercial)
WHEREAS, the property owner of property located at APN 014-020-007 has requested a zone change from INST (Institutional) to C-3 (General & Service Commercial); and,
WHEREAS, on January 17, 2018, the Planning Commission of the City of Chowchilla held a public hearing, reviewed the proposal, and recommended approval of the zone change to the City Council; and,
WHEREAS, this ordinance is consistent with the City of Chowchilla General Plan, Chowchilla Municipal Code and the Zoning Ordinance and would not be detrimental to the public interest, health, safety, convenience, and welfare of the City; and,
WHEREAS, this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHOWCHILLA DOES ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein.
SECTION 2. The property located at APN 014-020-007 is hereby rezoned from INST (Institutional) to C-3 (General & Service Commercial) in accordance with Title 18 of the City Municipal Code. The official Zoning Map shall be amended to reflect this change.
SECTION 3. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the Ordinance alone does not have the potential for causing a significant effect on the environment.
SECTION 4. If any section or provision of this Ordinance is for any reason held to be invalid, unconstitutional, illegal, or unenforceable by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, then such section or provision shall be reformed to lawfully comply with the intent of the provision and to comport with the remainder of this Ordinance, and the remainder of this Ordinance shall remain in full force and effect.
SECTION 5. The Mayor shall sign and the City Clerk shall certify passage and adoption of this Ordinance, and the City Clerk shall cause the same to be published and posted pursuant to the provisions of law in this regard, and this Ordinance shall take effect 30 days after its final passage. PASSED, APPROVED, and ADOPTED this 13th day of February, 2018.
APPROVED:
Dennis Haworth, Mayor
ATTEST:
______Joann McClendon, CMC, City Clerk
APPROVED AS TO FORM:
______David G. Ritchie, City Attorney
Item 4.2
CLICK HERE TO RETURN TO THE AGENDA REPORT TO THE CITY COUNCIL Meeting of: February 13, 2017
AGENDA SECTION: Public Hearing
SUBJECT: Introduction and Option to Waive the First Reading of an Ordinance of the City Council of the City of Chowchilla, in the County of Madera, California, Adding Chapter 9.11 to the Chowchilla Municipal Code and Deleting Chapters 9.09 and 9.10 of the Chowchilla Municipal Code to Prohibit Commercial and Regulate Personal Use, Cultivation, Manufacturing, Processing, Testing, Distribution and Transportation of Commercial Cannabis and Cannabis Derived Products within the Geographic Boundaries of the City of Chowchilla (Ritchie)
PREPARED BY: David G. Ritchie, City Attorney
ATTACHMENTS: Proposed Ordinance
REVIEWED BY REVIEWED BY REVIEWED BY ADMINISTRATOR ☒ ATTORNEY ☒ FINANCE ☒
RECOMMENDATION: Staff recommends that the City Council hold the first reading and public hearing for a proposed Ordinance, with an option to waive the first reading, adding new Chapter 9.11 to the Chowchilla Municipal Code, and Deleting Chapters 9.09 and 9.10 of the Chowchilla Municipal Code (Repeal), creating a single Chapter of Code related to Cultivation, Manufacturing, Processing, Testing, Distribution of Cannabis and regulating Cannabis businesses and individual cultivation activities within the City of Chowchilla.
BACKGROUND: The City, for several years, had maintained Chapter 9.09 in the Health and Welfare Sections of the Municipal Code that regulated medical marijuana use under the Medical Marijuana Compassionate Use statutes enacted in the State of California. In addition to the above, upon passage of Proposition 64, the City enacted Chapter 9.10 of the Chowchilla Municipal Code regulating the non-medical use, and individual cultivation of marijuana within the City limits. Both of these Chapters prohibit dispensaries and other Commercial Cannabis activities within the City along with imposing a variety of other restrictions relating to activities involving marijuana.
Staff received direction by consensus of the City Council, to draft and bring back an ordinance continuing to prohibit cannabis cultivation and other related activities to the greatest extent allowed by law and to set the draft ordinance for public hearing. In this case, the City already prohibits all commercial cannabis activity and will continue to do so under the new consolidated ordinance.
This proposed ordinance therefore, repeals the earlier two Chapters of Code. The provisions in those earlier Chapters are consolidated into the new draft Chapter 9.11. Along with retaining the earlier provisions of code, the penalties for violations of those code sections are enhanced, specifically to provide that violations are cited under the Administrative citations sections of the Municipal Code on a per-plant, per-day basis, allowing for immediate, unannounced inspections by Code Enforcement or the Police Department of any permitted growing area, and requiring renewal of individual permits on an annual basis, following a re-inspection of any fully enclosed indoor growing areas. Outdoor growing remains prohibited.
All commercial cannabis activity not required to be allowed by State Law remains prohibited within the geographic boundaries of the City of Chowchilla.
Staff recommendation is to waive first reading of the ordinance, and hold the public hearing. Following the public hearing, staff will receive Council staff direction, if any and bring back a modified ordinance for second reading and approval, currently scheduled for the Regular Council meeting of February 27, 2018.
REASON FOR RECOMMENDATION: Ordinances require a first reading and public hearing prior to being adopted at a regular meeting of the City Council.
FISCAL IMPACT: None arise as a consequence of this ordinance alone.
ACTIONS FOLLOWING FIRST READING: City Attorney to draft revisions to the Ordinance, if any.
ORDINANCE # -18
AN ORDINANCE OF THE CITY OF CHOWCHILLA, IN THE COUNTY OF MADERA, CALIFORNIA; ADDING CHAPTER 9.11 TO THE CHOWCHILLA MUNICIPAL CODE AND DELETING CHAPTERS 9.09 AND 9.10 OF THE CHOWCHILLA MUNICIPAL CODE TO REGULATE THE CULTIVATION, MANUFACTURING, PROCESSING, TESTING, DISTRIBUTION AND TRANSPORTATION OF COMMERCIAL CANNABIS AND CANNABIS-DERIVED PRODUCTS WITHIN THE GEOGRAPHIC BOUNDARIES OF THE CITY OF CHOWCHILLA, CALIFORNIA
WHEREAS, on November 5, 1996, California voters approved Proposition 215, known as the Compassionate Use Act of 1996 (CUA), codified within the California Health and Safety Code an commencing at Section 11362.5, the intent of which is to enable persons with a medically advised need for cannabis for treatment or therapeutic purposes as directed by a health-care provider; and, WHEREAS, on January 1, 2004, Senate Bill 420 codified as California Health and Safety Code Section 11362.7 et seq. and entitled the "Medical Marijuana Program Act" (MMPA) became law to clarify the scope of the CUA. Pursuant to California Health and Safety Code Section 11362. 77(a), a qualified patient or primary caregiver was permitted to possess no more than eight (8) ounces of dried marijuana plant material per patient. In addition, they were also able to maintain no more than six mature or twelve immature marijuana plants per patient unless a doctor authorized an additional amount; and,
WHEREAS, On October 9, 2015 Governor Brown signed into law the Medical Marijuana Regulation and Safety Act (MMRSA) now known as the Medical Cannabis and Safety Act (MCRSA) which consisted of three interrelated pieces of legislation (SB 643, AB 243, and AB 266), intended to provide a comprehensive regulatory framework for the licensing, control, and taxation of commercial cannabis related businesses in California; and,
WHEREAS, the California Supreme Court has made clear that neither the CUA nor the MMPA expressly or impliedly preempts the authority of cities or counties, under their traditional land use and police powers, to allow, restrict, limit or entirely exclude facilities that distribute medical marijuana. The MMPA allowed cities and counties to adopt local ordinances that regulate the location, operation or establishment of commercial cannabis collectives and to enforce such ordinances. (City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal.4th 729; Health and Safety Code Section 11362.83). The same authority encompasses the regulation, operation, or establishment of cannabis cultivation. (Maral v. City of Live Oak (2013) 221 Cal. App. 4th 975.) That authority remains undisturbed under MCRSA; and,
WHEREAS, on November 8, 2016, Proposition 64 the "Adult Use Marijuana Act" known as ("AUMA") was approved by California voters for the purpose of providing a comprehensive regulatory framework for the licensing, control, and taxation of nonmedical commercial cannabis related businesses in California; and, WHEREAS, marijuana remains an illegal substance under the Federal Controlled Substances Act, 21 USC 801 et seq., which makes it unlawful for any person to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute or dispense marijuana. The Federal Controlled Substances Act contains no statutory exemption for the cultivation of marijuana for medical purposes. Federal law lists marijuana as a Schedule I drug, meaning that it has a high potential for abuse, it has no currently accepted medical use in treatment, and there is a lack of accepted safety for use under medical supervision; and,
WHEREAS, despite this classification and treatment under federal law, federal executive and law enforcement agencies have issued memoranda and other guidelines allowing for the development of state-specific regulatory schemes that include the provision of marijuana and marijuana-derived products for medical purposes, as long as the administration of those schemes is consistent with the aims of federal law; and,
WHEREAS, without sufficient regulations and standards in effect and which are enforceable pursuant to an adopted ordinance, there is a current and immediate threat to the public health, safety, and welfare of current and future residents of the City, from the establishment of commercial cannabis related businesses in the City in a manner which is likely to lead to confusion, public harm, and possible violation of federal executive guidelines; and,
WHEREAS, the City has previously established a prohibition of all commercial cannabis cultivation, use, testing, delivery, Distribution, Processing, Manufacturing, and transportation within the geographic boundaries of the City of Chowchilla to the maximum extent allowed by law; and, WHEREAS, the proposed ordinance continues the prohibitions of all commercial cannabis activities currently banned within the geographic boundaries of the City of Chowchilla; and, WHEREAS, the City Council recognizes, upon consultation with law enforcement, that supply chains for commercial cannabis and marijuana-related products as they currently exist, in the absence of state and local regulatory schemes, can and do benefit criminal elements to the detriment of residents of the State of California, the County of Madera, and the City of Chowchilla, without full regard for public safety, health, and welfare issues; and,
WHEREAS, the City Council also recognizes its obligation to provide guidance on appropriate community standards of health, safety, and welfare, and, where appropriate, to protect residents- especially residents of particularly vulnerable populations like children-from violation and abuse of those community standards; and,
NOW THEREFORE, The City Council of the City of Chowchilla does ordain as follows:
SECTION 1. Section 9.09 of the Chowchilla Municipal Code entitled "Public Use/Consumption of Medical Marijuana", is hereby repealed in its entirety.
SECTION 2. Title 9, Section 9.10 of the Chowchilla Municipal Code, entitled “Public Use, Consumption and Cultivation of Non-Medical Marijuana”, is hereby repealed in its entirety.
SECTION 3. Title 9, Section 9.11 of the Chowchilla Municipal Code, entitled “Use, Consumption, Cultivation, Manufacturing, Processing, Testing, Transportation, Delivery and Distribution of Medical and Non-Medical Cannabis” is hereby enacted as attached in Exhibit “A”.
SECTION 4. That that Municipal Code Amendment 2017-02 is exempt from CEQA is accordance with Section 15061 (b)(3) of the CEQA Guidelines.
SECTION 5. This ordinance shall take effect thirty (30) days after its passage. A full copy of this ordinance, or a summary thereof shall be published, within fifteen (15) days after adoption, in a newspaper of general circulation within the County of Madera, inclusive of circulation within the entirety of the geographic area of the City of Chowchilla, in a manner consistent with the requirements of the California Government Code.
This ordinance, having been introduced, and first reading of the ordinance waived by vote of the City Council at the regular meeting of the City Council of the City of Chowchilla; during which a public hearing was held regarding the provisions contained in the ordinance, all on ______, 2018; and,
This ordinance, pursuant to direction provided by the City Council of the City of Chowchilla to alter the ordinance and remove portions relating to allowing commercial cannabis activity, is presented in its altered form at a Regular meeting of the City Council of the City of Chowchilla, occurring on ______, 2018, at least five (5) days after such alteration (Gov. Code §36934).
This ordinance, having been read a second time, or reading of the title and action to waive full reading, at the regular meeting of the City Council of the City of Chowchilla on ______, 2018; now,
On a motion by Council Member ______, seconded by Council Member ______, the foregoing ordinance is passed and adopted by the City Council of the City of Chowchilla, State of California, this ______, 2018 by the following vote, to wit:
AYES: NOES: ABSENT: ABSTAIN:
Approved:
______Dennis Haworth, MAYOR
ATTEST:
______Joann McClendon, CMC, City Clerk
STATE OF CALIFORNIA ) COUNTY OF MADERA ) CITY OF CHOWCHILLA )
I, JOANN MCCLENDON, City Clerk of the City of Chowchilla, do hereby certify the foregoing ordinance was duly introduced and the subject of a public hearing at a regular meeting of the City Council of the City of Chowchilla, Madera County, on the 10th Day of October, 2017; and, it was duly passed and adopted at a regular meeting of the City Council of the City of Chowchilla held on the 24th Day of October, 2017.
______Joann McClendon, City Clerk
EXHIBIT “A” – TITLE 9, CHAPTER 9.11
USE, CONSUMPTION, CULTIVATION, MANUFACTURING, PROCESSING, TESTING, TRANSPORTATION, DELIVERY AND DISTRIBUTION OF MEDICAL AND NON-MEDICAL CANNABIS
Chapter 9.11
USE, CONSUMPTION, CULTIVATION, MANUFACTURING, PROCESSING, TESTING, TRANSPORTATION, DELIVERY AND DISTRIBUTION OF MEDICAL AND NON-MEDICAL CANNABIS
CONTENTS
9.11.010 - Purpose and Intent 9.11.020 - Definitions 9.11.030 - Public use/consumption of cannabis 9.11.040 - Outdoor Cultivation 9.11.050 - Regulations Governing Non-commercial Indoor Cultivation of Medical and Non- medical cannabis for Personal Use. 9.11.060 - Indoor Cultivation for Personal Use restricted to authorized growers 9.11.070 - Commercial Cannabis Activity Prohibited. 9.11.100 - Appeals 9.11.110 - Written request for Appeal. 9.11.120 - Appeal Hearing. 9.11.200 - Fees / Fees Deemed Debt to City of Chowchilla. 9.11.300 - Public nuisance prohibited 9.11.310 - Permit Holder Responsible for Violations. 9.11.320 - Each violation a separate offense. 9.11.330 - Penalties not exclusive; violation constitutes a crime. 9.11.400 - Severability. 9.11.500 - Reporting and Coordination.
9.11.010. Purpose and Intent. It is the purpose and intent of this chapter to promote the health, safety, morals, general welfare and enjoyment of private property of the residents of the City of Chowchilla by: regulating the public use and consumption of medical and non-medical cannabis, regulating the individual indoor and outdoor cultivation of cannabis, the commercial cultivation of cannabis, as well as the processing, extraction, manufacturing, testing, transportation, delivery distribution and sale of cannabis and cannabis-derived products, for medical and non-medical purposes.
It is also the purpose and intent of this chapter to reasonably accommodate the needs of medically-ill persons in need of cannabis and cannabis products for medical purposes, as advised and recommended by their health care provider(s), and to implement the Adult Use Marijuana Act (AUMA), while imposing regulations to protect the City's neighborhoods, residents, and businesses from negative impacts.
Nothing in this chapter is intended to authorize the possession, use, or provision of cannabis for purposes which violate state or federal law.
9.11.020. Definitions. For the purposes of this chapter, these words and phrases shall be defined as follows: "Authorized grower" means a person, twenty-one years and older, who is authorized by, and in compliance with, federal or state law to cultivate cannabis indoors for personal or medical use. “Cannabis” means all parts of the Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether medical or nonmedical, growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" also means marijuana as defined by Section 11018 of the California Health and Safety Code as enacted by Chapter 14017 of the Statutes of 1972. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this Chapter, "cannabis" does not mean industrial hemp as that term is defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code. "Cannabis product" means a product containing medical cannabis, including, but not limited to, manufactured cannabis, - intended to be sold for use by medical cannabis patients in California pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the California Health and Safety Code (as the same may be amended from time-to-time) or pursuant to the Adult Use of Marijuana Act. For purposes of this Title, "medical cannabis" does not include industrial hemp as defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code.
"Caregiver" or "primary caregiver" has the same meaning as that term is defined in Section 11362.7 of the California Health and Safety Code. “City” shall mean the City of Chowchilla, a California General Law City. "Cultivation" means any activity, whether occurring indoors or outdoors, involving the propagation, planting, growing, harvesting, drying, curing, grading, and/or trimming of cannabis plants or any part thereof for any purpose. “Delivery” shall be as defined in the Medical Marijuana Regulation and Safety Act, California Business and Professions Code Section 19300.5(m), as that section may be amended from time to time, and includes the commercial transfer of cannabis or cannabis products from a dispensary as well as the use of any technology platform owned, controlled, and/or licensed by the dispensary, or independently licensed by the State of California under the MCRSA or AUMA that enables anyone to arrange for a commercial transfer, up to an amount determined to be authorized by the State of California, or any of its departments or divisions, to anyone for any purpose. "Dispensary" means a commercial cannabis business facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment (whether fixed or mobile) that delivers, pursuant to express authorization, cannabis and cannabis products as part of a retail sale. "Dispensing" means any activity involving the retail sale of cannabis or cannabis products from a dispensary.
"Distribution" means the wholesale procurement, and sale, of cannabis or cannabis products between entities licensed pursuant to MCRSA, AUMA and any subsequent State of California legislation regarding the same.
"Fully enclosed and secure structure" means a fully-enclosed space within a building that complies with the California Building Code ("CBSC"), that has a complete roof, four solid walls made of masonry, metal or wood; a foundation, slab, or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, is accessible only through one or more lockable doors, and is not visible from a public right-of-way. Walls and roofs must be constructed of solid materials that cannot be easily broken through such as two- inch by four-inch nominal or thicker studs overlaid with three-eighths inch or thicker plywood or the equivalent. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement. For purposes of this chapter, any building within which cultivation of medical cannabis occurs, and any improvements within such building, shall meet all applicable building and zoning requirements (including but not limited to required setbacks, height limitations and fire sprinkler requirements), and the structure and improvements themselves shall have been properly permitted and inspected.
"Manufactured cannabis" means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, extraction or other manufactured product intended for internal consumption through inhalation or oral ingestion or for topical application.
"Marijuana" means "cannabis," as that term is defined in this chapter. “Mature cannabis plant” means a cannabis plant, whether male or female, that has flowered and which has buds that are readily observed by unaided visual examination. "Patient" or "qualified patient" shall have the same definition as California Health and Safety Code Section 11362.7 et seq., as it may be amended, and which means a person who is entitled to the protections of California Health & Safety Code Section 11362.5. "Person" means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number.
“Person with an identification card” shall have the meaning given that term by California Health and Safety Code Section 11362.7. 9.11.030. Public use/consumption of cannabis. It is hereby declared to be unlawful, a public nuisance, and a violation of this chapter for any person to smoke, ingest, use, or otherwise consume cannabis in any public place, in or on streets, sidewalks or other areas open to public view, or in or on any City owned, leased or occupied premises. This prohibition does not apply to use or consumption so long as such use or consumption, otherwise in compliance with this chapter, occurs entirely inside a private residence, and where no smoke or odor resulting from that use or consumption may be detected from any neighboring property or residence. 9.11.040. Outdoor Cultivation. It is hereby declared to be unlawful, a public nuisance and a violation of this chapter for any person owning, leasing, occupying or having charge or possession of any parcel within any zoning district within the City to cause or allow such premises to be used for the outdoor cultivation of cannabis plants. 9.11.050. Regulations Governing Non-commercial Indoor Cultivation of Medical and Non- medical cannabis for Personal Use. To the extent that the city is required to permit cultivation of non-medical marijuana for personal use under state law for medical and non-medical personal use, the rules set forth in this section shall apply.
A. The marijuana cultivation area shall be located indoors, in a residence occupied by the grower as their primary residence, within a residential "fully enclosed and secure structure" as such is defined by this chapter. The cultivation area shall not exceed one hundred and twenty square feet and shall not exceed ten feet in height, nor shall it come within twelve inches of the ceiling or any cultivation lighting.
B. Marijuana cultivation lighting shall not exceed one thousand two hundred watts in total for the total cultivation area within the residence.
C. The use of gas products such as but not limited to CO2, butane, methane, or any other flammable or non-flammable gas for marijuana cultivation or processing is prohibited.
D. There shall be no exterior visibility or evidence of marijuana cultivation outside the private residence from the public right-of-way, including but not limited to any marijuana plants, equipment used in the growing and cultivation operation, and any light emanating from cultivation lighting.
E. Cultivation may only be conducted by the property owner of the subject property or a resident of the subject property with written permission of the property owner of the subject property to conduct cultivation.
F. The authorized grower shall not participate in marijuana cultivation in any other location within the city.
G. The residence shall include fully functional and usable kitchen, bathroom, and bedroom areas for their intended use by the resident authorized grower, and the premises shall not be used primarily or exclusively for marijuana cultivation.
H. The marijuana cultivation area shall comply with the current adopted edition of the California Building Code Section 1203.4 Natural Ventilation or Section 402.3 Mechanical Ventilation (or equivalent), as amended from time to time.
I. The building official may require additional specific standards to meet the California Building Code and Fire Code, including but not limited to installation of fire suppression sprinklers.
J. The marijuana cultivation area shall not result in a nuisance or adversely affect the health, welfare, or safety of the resident or nearby residents by creating dust, glare, heat, noise, noxious gasses, odors, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes.
K. No more than six marijuana plants collectively, whether mature or immature, per residence, are permitted for indoor personal cultivation under this chapter.
L. Marijuana in excess of 28.5 grams produced by plants kept for indoor personal cultivation under this chapter must be kept in a locked space on the grounds of the private residence not visible from the public right-of-way.
M. City code enforcement and/or the Police Department shall have the right to inspect the premises of all persons holding permits for cultivation to ensure compliance with this chapter without advance notice to the permit holder.
N. Prior to commencing cultivation, the individual grower shall be required to demonstrate compliance with this section. The grower must receive a satisfactory inspection of the premises and indoor cultivation area prior to commencing any cultivation, thereafter, the grower must maintain permitted status on a continual basis with a minimum annual inspection of the indoor cultivation area.
9.11.060. Indoor Cultivation for Personal Use restricted to authorized growers A. It is hereby declared to be unlawful, a public nuisance and a violation of this chapter for any person owning, leasing, occupying, or having charge or possession of any parcel within the city to cause or allow such parcel to be used for the cultivation of marijuana, unless the person is authorized by state law to grow marijuana for a specifically authorized purpose within a private residence in a residential zone, and such authorized grower is complying with all requirements of this chapter.
B. No person shall grow marijuana upon any parcel until and unless they first secure a permit from the building department, pay such fee as may be required and set forth by resolution of the city council and pass an inspection by the city's code enforcement officer. Upon passing inspection, permits must be signed by the city code enforcement officer and chief of police, or his or her designee, cultivation is prohibited until such time as the requirements of this section are fully satisfied. Indoor cultivation areas must be inspected on at least an annual basis, and pass inspection for a grower to maintain status as an authorized grower.
9.11.070. Commercial Cannabis Activity Prohibited. Cannabis Cultivation and Commercial Cannabis Business Activities are Prohibited within the geographic boundaries of the City of Chowchilla. Such activities include, but are not limited to: the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, dispensing, distribution, delivery, or sale of cannabis or cannabis product, and are expressly prohibited in the City of Chowchilla.
A) Dispensaries not Permitted: It shall be unlawful for any person, limited liability company, corporation, collective, cooperative or any other entity to manage or operate a dispensary or business which sells, exchanges, barters, transfers, delivers and/or promotes, any cannabis or cannabis products in the City. B) Mobile Delivery from, or to, Addresses within the City Prohibited: Mobile delivery of cannabis by a delivery service or a nonretail business shall not be permitted pursuant to this Chapter. It shall be unlawful for any person, limited liability company, corporation, collective, cooperative or any other entity to manage or operate a delivery service operation which sales, exchanges, barters, transfers, deliveries and/or promotes, any cannabis or cannabis products in the City for commercial purpose.
9.11.100. Appeals Unless specifically provided elsewhere to the contrary, whenever an appeal is provided for in this Title from a decision of the Chief of Police or City Administrator or his/her designee(s), the appeal shall be conducted as prescribed in this Section.
9.11.110. Written request for Appeal.
(a) Within ten (10) calendar days after the date of a decision of the Chief of Police or City Administrator or his/her designee(s) to revoke, suspend or deny a permit, or to add conditions to a permit, an aggrieved party may appeal such action by filing a written appeal with the City Clerk setting forth the reasons why the decision was not proper.
(b) At the time of filing the appellant shall pay the designated appeal fee, established by resolution of the City Council from time to time.
9.11.120. Appeal Hearing.
(a) Upon receipt of the written appeal, the City Clerk shall set the matter for a hearing before the City Council. The City Council shall hear the matter de novo, and shall conduct the hearing pursuant to the procedures set forth by the City.
(b) The appeal shall be held within a reasonable time after the filing the appeal, but in no event later than ninety (90) days from the date of such filing. The City shall notify the appellant of the time and location at least ten (10) days prior to the date of the hearing.
(c) At the hearing, the appellant may present any information they deem relevant to the decision appealed. The formal rules of evidence and procedure applicable in a court of law shall not apply to the hearing.
(d) At the conclusion of the hearing the City Council may affirm, reverse or modify the decision appealed. The decision of the City Council shall be final.
9.11.200. Fees / Fees Deemed Debt to City of Chowchilla. The City is authorized to establish fees by resolution of the City Council, for the costs of issuance of permits and any and all other related costs pursuant to this Title. The amount of any fee, cost or charge imposed pursuant to this Title shall be deemed a debt to the City of Chowchilla that is recoverable via an authorized administrative process as set forth in the Municipal Code, or in any court of competent jurisdiction.
9.11.300. Public nuisance prohibited
It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within the city to create a public nuisance in the course of use, consumption or cultivation of marijuana plants or any part thereof in any location, indoor or outdoor. Each and every violation of the provisions of this Title is hereby deemed unlawful and a public nuisance. A public nuisance may be deemed to exist, if such activity produces:
A. Odors which are disturbing to people of reasonable sensitivity residing or present on adjacent or nearby property or areas open to the public.
B. Repeated responses to the parcel by law enforcement personnel.
C. Noise which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public.
D. Any other impacts on the neighborhood which are disruptive of normal activity in the area including, but not limited to, grow lighting visible outside the dwelling, excessive vehicular traffic or parking occurring at or near the dwelling, and excessive noise emanating from the dwelling.
E. Outdoor growing and cultivation of marijuana.
9.11.310. Permit Holder Responsible for Violations. The person to whom a permit is issued pursuant to this Title shall be responsible for all violations of the laws of the State of California or of the regulations and/or the ordinances of the City of Chowchilla, whether committed by the permittee or any other individual, which violations occur in or about the premises of the authorized grower whether or not said violations occur within the permit holder's presence.
9.11.320. Each violation a separate offense. Each and every violation of this Title shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Chowchilla Municipal Code. Additionally, as a nuisance per se, any violation of this Title shall be subject to injunctive relief, any permit issued pursuant to this Title being deemed null and void, disgorgement and payment to the City of any monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or in equity. Additionally, when there is determined to be an imminent threat to public health, safety or welfare, the City Administrator, Chief of Police or his/her designee(s), may take immediate action to temporarily suspend a permit issued by the City, pending a hearing before the City Council.
9.11.330. Penalties not exclusive; violation constitutes a crime. The remedies and penalties provided herein are cumulative, alternative and nonexclusive. The use of one does not prevent the use of any other criminal, civil, or administrative remedy or penalty authorized by, or set forth in, the Chowchilla Municipal Code. None of the penalties or remedies authorized by, or set forth in, the Chowchilla Municipal Code shall prevent the city from using any other penalty or remedy under state statute which may be available to enforce this section or to abate a public nuisance.
Violation of this chapter shall constitute a crime punishable as a misdemeanor and upon conviction be subject to a fine not to exceed one thousand dollars ($1,000) or imprisonment in the county jail for a period of not more than twelve (12) months, or by both such fine and imprisonment. For purposes of this Chapter, penalties for violations of local cannabis regulations shall be applied on a per-plant, per-day basis. Each day a violation is committed or permitted to continue shall constitute a separate offense.
9.11.400. Severability.
If any section, subsection, clause, phrase, or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional.
9.11.500 - Reporting and Coordination. The City Clerk of the City of Chowchilla, or their designee is hereby designated as the City’s primary contact person to interact with State Agencies regarding the implementation and application of this Chapter, and for any questions relating to local regulations. The City Clerk shall provide a copy of this ordinance along with a matrix of cannabis-related activities and indicate which are allowed or prohibited by this Ordinance or other local regulations.
Item 6.1
CLICK HERE TO RETURN TO THE AGENDA REPORT TO THE CITY COUNCIL Meeting of: February 13, 2018
AGENDA SECTION: New Business
SUBJECT: A Resolution Approving an Agreement with Unity IT, LLC to Provide Information Technology Managed Services and Authorizing the City Administrator to Execute all Related Documents Thereto
PREPARED BY: D. Martin Piepenbrok, Director of Recreation and Community Engagement
ATTACHMENTS: RFP Proposals Cost Matrix Resolution Agreement Proposal – Unity IT, LLC
REVIEWED BY REVIEWED BY REVIEWED BY ADMINISTRATOR ☒ ATTORNEY ☒ FINANCE ☒
RECOMMENDATION: That the City Council approve the resolution and execute the attached agreement for Information Technology Managed Services with Unity IT, LLC and authorize the City Administrator to execute all documents on behalf of the City Council.
BACKGROUND: The City Council directed staff to explore options to acquire resources to enhance existing information technology (IT) services that are required by the City operations. The IT services has three broad responsibilities that includes network management, transit and public safety radio communications, and support for internal electronics and institutional processes not directly related to either the network or communications. To address only the network management tasks the City released a Request for Proposal for Information Technology Managed Services seeking qualified and experienced professional consultants to provide IT network management, maintenance and support along with consulting services for the City’s diverse IT needs and a dynamic environment.
The City’s overarching intent was to seek a vendor that could ensure its capability to fulfill the overall network management needs, be ready accessible and responsive to problems and emergency situational needs, and to ensure that they could collaboratively support the City to provide the needed delivery of service to the community as effectively and efficiently as possible.
The City’s IT operations summarily provides three elements of support to the City departments:
• Principally the IT operations is responsible for the management of the network system of computers, printers, software along with the telephone system that form the digital background of doing business; this is the role that is the subject of the IT Managed Services RFP.
• Secondly, the IT operations oversees the transit and public safety radio communications that includes all federal licensing, hardware installation and repairs, preventative maintenance, antennae and cabling installations, etc.; this role in not part of the RFP services.
• Thirdly, the IT operations provides internal support for physical electronic equipment and services not specifically related to networking and radio communications such as keyless lock network management and maintenance, coordinating facility access security protocols, adding and deleting employee access permissions levels to facilities, software and hardware systems, management of the City facilities alarm systems, and more; this role in not part of the RFP services.
The IT operations budget center is an internal service fund that is used to account for acquisition, replacement and support services for computer hardware and software that comprise the network services for the entire agency. The IT operations also performs other tasks not directly associated to what would be considered network services but nonetheless are integral to the operations of the agency. Of note is the management and maintenance of the personal and vehicle radios, the dispatch center operations, and the related signal carrier services used by the Police and Fire departments. The IT operations also serves as first-level response to critical equipment issues and failures as approved service personnel for certain public safety systems such as the Zetron radio dispatch center, facility, vehicle and officer camera security equipment and recordings. This level of service often precludes service calls to contracted firms to perform important and timely repairs thereby reducing contract costs to the public safety departments.
Percentages of the IT operating expenses are allocated across City departments and enterprise operations, e.g. Wastewater Treatment Plant, based the numbers of computers, printers, servers, phone lines, telephones, email service, Caselle users, plus some of the IPhones and IPads that are assigned to those departments and enterprise operations, that are maintained by IT personnel or by service contracts managed by the IT operations. Similarly, the IT operations allocates all software support expenses such as computer operating systems, Laserfiche, Unitrends, ESRI, ShoreTel, Kaspersky Lab, PD EIS, FD Active 911, CivicPlus website, and more. These allocations collectively produce the revenue funds for the IT operations. This allocation system beneficially provides for centralized management of the various IT related services and contracts in-place that are collectively utilized by departments throughout the agency.
It should be noted that some departments, e.g. Police, Fire and Transit, have specific allocations in Operations and Maintenance accounts within their budget centers for projects and tasks that are generally handled by IT operations personnel such as installation and repairs of portable radios, vehicle radios, electronic equipment, etc., that are not directly reflected in the IT operations internal service fund budget.
REASON FOR RECOMMENDATION: The management of the City’s digital network is extremely critical to maintaining the City’s services and operations. Doing so requires a high level of knowledge and critical training very specific to network systems, operations and management. The continual changes in the world of IT networking systems along with new processes and methodologies, not to mention critical threats to networks and data, can be a very time-consuming all-encompassing responsibility. The City is in a position where it needs to seriously evaluate the current level of service capability to enhance, operate and manage the City’s network systems to the levels needed for today’s, and tomorrow’s, information technology needs.
This was the basis, along with assessing potential cost savings for future network system upgrades, for the City Council’s directive to staff to explore options to acquire resources to alter and enhance existing information technology services. Consideration was given to seeking the services of a contractor whose sole responsibility would the management of the City’s network and also provide a future plan to upgrade systems to improve current capabilities and strive to meet the agency’s future digital needs. Through research it was recognized that contracted firms generally consist of personnel with a variety of specialties, particularly when it comes to unique and critical network system issues. Essentially, a contracted firm is likely to bring a variety of professional perspectives and capabilities together to address problems and provide guidance that the City may not be able to singularly accomplish within the agency.
Staff developed a Request for Proposal to seek firms that could provide one of the three basic responsibilities of the current City IT operations, the 24/7/365 management of the computers, printers, software and telephonic networks systems. The remaining two responsibilities of the public safety radio communications, and internal support for physical electronic equipment and services not related to the digital network or radio systems, would not be a part of the services provided through this RFP.
The Request for Proposal was released on November 20, 2017, and the solicitation conducted in accordance with the City’s Procurement Policy. The submittal date was extended past the original date of December 21, 2017 to January 4, 2018 in consideration of the December holidays.
At the close of the submission deadline the City had received proposals from five firms. They are Apex Technology Management, Inc., FutureNet Group, Inc., Scorpyon Technical Solutions, LLC, SoftHQ, Inc., and Unity IT, LLC.
The five proposals were reviewed by the Director of Recreation and Community Engagement and the City Administrator. Unity IT, LLC was ranked as the most sufficiently responsive proposer based on their ability to deliver the obligated services and timely responsiveness to the City, thus ultimately to the community, in an effective and efficient means. This selection was reinforced by information included in the proposal that Unity IT, LLC provides similar levels of services to other agencies in the Central Valley that are comparable to the needed services for the City of Chowchilla. These agencies include the cities of Reedley, Sanger, Kerman, Parlier, plus the Selma PD, Fowler PD, Kingsburg PD, and Firebaugh PD. Unity IT, LLC also provided the most favorable pricing structure compared to the level of services as interpreted from the five proposals. A cost matrix comparison of the five proposals accompanies this staff report.
The Request for Proposal detailed the needs to manage the City’s network of numerous servers, workstations, Public Safety Dispatch Center, Police vehicle laptops, printers and scanners located at the six different buildings including City Hall, Police Department, Fire Station, Public Works Corporation Yard, Wastewater Treatment Plant and the Senior Center. The RFP also noted the operating systems and current software programs utilized by various operations. A preferred component was that proposing vendors have experience in Public Safety Systems and Criminal Justice Information Systems (CJIS) Security Policy. Proposing vendors were required to provide a list of past and current clients of approximately the same size as the City of Chowchilla along with a description of the services provided and dates of service.
The scope of services to manage the City’s IT environment at all City locations, as identified in the Request for Proposals includes, but is not limited to, the following:
A. Support Services
1. Systems infrastructure, including physical and virtual servers; workstations, notebooks, mobile devices and other devices; server software, operating system, and applications.
2. Network administration, including network access; remote and mobile access; internet, intranet, and Wi-Fi support; switches and firewalls; network printers, copiers, faxes, and other devices; network resource access; create, delete, and maintain user accounts; network software; virus protection; and SPAM filtering.
3. Other services, including email administration; VOIP; document management; domain administration; and backup and replication services.
4. Help desk support (on- and off-site computers and mobile devices), including software related issues (application and computer support); and hardware related issues (e.g., servers, workstations, notebooks, mobile devices, printers, copiers, fax machines, etc.).
5. Maintain server, operating system software, and other applications, including installation, configuration, testing, updates, and upgrades of server and operating system software, applications, and related hardware; operating system and application upgrades and patching (servers and computers); and review performance logs and monitor system performance and troubleshoot issues.
6. Consultant will evaluate IT needs on a regular basis and evaluate, maintain, repair, and/or recommend replacement of equipment and software as identified.
7. Manage the City’s software licensing and administer hardware warranties.
8. Work with other IT consultants/vendors to resolve issues with software and hardware for the implementation of City’s IT projects.
9. Communicate with the City’s line of business application providers to facilitate technical support.
10. Obtain quotes for IT purchases, when requested.
11. Attend meetings (remote or in-person) when requested by City staff.
12. Participate in the City’s budget process, when requested.
13. Maintain and update the City’s IT inventory database and track service requests and historical reports that can be accessed by authorized staff.
B. Consulting and Project Management
Consultant will provide strategic planning and oversight of the City’s IT services and inventory and contribute to the development and implementation of long-term goals, projects, and objectives to achieve the City’s technology priorities. Such advisory and project management services include, but are not limited to, the following:
1. Conduct a review to identify and evaluate current systems including operating systems and/or network software, hardware, methods and techniques that can improve systems/network reliability and performance. Present findings in periodic meetings with staff.
2. Perform an annual technology audit, which should include the current environment infrastructure, completed projects, past and current service requests, and prioritized recommendations for subsequent periods.
3. Review and recommend backup and redundancy solutions to ensure servers and data are protected and operational in the event of an emergency, power surge, and/or power shut downs. Implement solutions, if endorsed.
4. Evaluate and recommend offsite backup solutions, if advisable.
5. Plan and coordinate the migration of data to new applications and technologies, if endorsed. Provide or coordinate staff training on use of the applications and technologies.
6. Recommend new or revised IT policies, procedures, and standards given expertise and industry standards.
C. Basic Service, Office Hours and Staffing
1. The consultant shall provide onsite IT services a minimum of 1-day (8 hours) per week during the City’s weekday business hours which are 8:00 AM–5:00 PM. This amount may adjust over the term of the Professional Services Agreement and thereby be subjected to negotiation. The proposal may opt to address this in a preferred manner acceptable to the vendor for consideration by the City.
2. Consultant must also provide quarterly preventative server and workstation maintenance service outside of business hours (e.g., patches, updates, etc.).
3. Consultant must provide live and/or remote emergency support and maintenance services outside its normal business hours, in the event of an emergency or high priority situation.
4. Consultant must also provide 24/7 disaster recovery and failover services.
The consultant shall provide all labor, equipment, tools, fuel, materials, insurance, supervision, and all other items needed to deliver excellent regular and non-regular IT support services and consulting.
The duties listed in the scope of services are intended only as illustrations of the various types of work that may be required. The omission of specific statements of duties does not exclude them from the scope of services if the work is similar, related to, or is a logical assignment to any of the services above.
FISCAL IMPACT: In accordance to procedure, a meet and confer was conducted with the recognized employee organization regarding the decision and impacts of contracting out under this RFP.
Staff conducted a review of the five RFP proposals and developed a cost matrix that summarizes the fees provided in the proposals by each vendor. That cost matrix comparison accompanies this report.
The vendor that proposed the lowest fees was deemed non-responsive. Their list of comparable clients did not sufficiently compare with any municipal agencies similar to the City of Chowchilla nor did their proposal seem to sufficiently grasp the intent of the City’s network management preferences. Additionally, the proposed fee structure was not explained in any detail sufficient for staff to understand what is being provided at each level and staff were concerned that the information left too much up to misinterpretation.
The vendor with the second lowest fee schedule that met all the requirements of the RFP is Unity IT, LLC. It is believed that Unity IT, LLC can ensure its capability to fulfill the overall network management needs, be ready accessible and responsive to problems and emergency situational needs, and ensure that they could collaboratively support the City to provide the needed delivery of services to the community as effectively and efficiently as possible. Unity IT, LLC’s proposed fee schedule is:
Unity IT, LLC Setup Fee Monthly Fee Annual Fee Out-of-Scope Hourly Encompass Service Level $ 4,920.00 $ 59,040.00 Elevate Service Level $ 3,951.00 $ 47,412.00 Setup Fee $ 0.00 Optionals - Endpoint Security Antivirus $ 301.00 $ 3,612.00 Optionals - Cloud Data Protection $ 1,080.00 $ 12,960.00 Optionals - Cloud Email Antispam $ 98.00 $ 1,176.00 Out-of-Scope Hourly Rate $ 0.00 Total (subject to change per device count) $ 0.00 $ 5,319 $ 63,828.00 $ 0.00
Unity IT, LLC’s fees are determined by the number of specific devices the firm will monitor on the City’s network. The total fee shown is based on the device count (computers, servers, etc.) provided in the Request for Proposal, essentially a cost per device multiplied by the number of devices in each category to produce the monthly and annual fee. As the device counts increase/decrease the monthly bill will be adjusted accordingly.
All vendors that submitted proposals used the same information that was provided in the RFP that included the following device counts: 16 Microsoft Windows Servers (Civic Center (5), Police Department (8) and Virtual Servers (3)); SQL Server (3); Domain Controller (2); Firewall (1) and Switches (15); Personal Computer/Workstations (56); and Laptops/Tablets (14) including public safety dispatch center, and police vehicles; various numbers of printers and scanners; and the VOIP ShoreTel Telephone System with Server (1) and Phones (54).
Of note, since the RFP was issued at least two computers and one server (transit) was added to the City’s network system. Soon an additional computer will be added for Public Works operations, and a workstation in City Hall is being taken out-of-service due to non-use and the age of the equipment. Therefore, staff requests consideration that the monthly fee may vary slightly over time. The payments will be reflected in the monthly financial reports provided to City Council by the Finance Department.
Staff recommends purchasing the Encompass Service Level that covers 100% of all IT related service for all covered devices. Again, the total monthly fee will be determined by the number of active devices being managed by Unity IT, LLC during the billing period.
Staff also recommends purchasing the optional subscriptions for antivirus security, and cloud email filtering. Currently the City uses the Kaspersky Lab anti-virus and security software. However, the federal government has ordered that the software be removed from its computer systems because of concerns the software has possible links to Russian security services. In keeping with this federal decision other governmental agencies across the country are removing Kasperksy Lab software from their networks.
Unity IT, LLC offers another option for Cloud Data Protection. Currently the City does not store data in the Cloud but will be evaluating that option in the future. If and when it is determined that Cloud storage is a viable option to use, staff will return to the City Council seeking guidance and consideration of the additional fees. For now, the City will continue to rely upon hard data storage.
The agreement with Unity IT, LLC is for a three (3) year period, as requested in the RFP, with a fixed per device cost, payable monthly to provide routine, emergency, disaster recovery, and other IT consulting and support services as described in the RFP scope of services. Again, the totals shown in the summary cost matrix are based on the workstation/server count that was listed in the RFP.
All work to be performed under the proposed agreement will be programmed and appropriated in the current fiscal year budget. The contract services account will be amended to provide sufficient funds to cover the agreement utilizing anticipated salary savings from the current IT Manager position vacancy. The vacant position provides an estimated $118,000 annual savings in salary and benefits, equivalent to nearly $9,830 per month. Therefore the monthly net savings is approximately $4,510 ($9,830 - $5,320 = $4,510). Once all documents are finalized a budget amendment will be presented to the City Council for consideration and anticipated approval. Since this will be a multiyear agreement future allocations will be included in future budgets. No services will be performed in excess of the budgeted authority.
ALTERNATIVES: To not approve the agreement will leave the City lacking needed IT network management services. The City no longer has a qualified network administrator that could negatively impact operations should issues arise that cannot be addressed by the existing non-qualified IT operations personnel. Further, any problems could not be addressed by a non-qualified contractor that is not familiar with the City’s network resources or lacks required security clearances.
Alternatively, the City Council can choose another vendor that submitted a proposal in response to the initial Request for Proposal.
The City Council can also direct staff to reissue the RFP to seek additional proposals though time is of the essence due to the City not having the services of a qualified network administrator.
ACTIONS FOLLOWING APPROVAL: The agreement with Unity IT, LLC will be finalized and memorialized with signatures. Soon afterward, the vendor will begin establishing their presence in the management of the City’s network and devices. IT Managed Network Services RFP Cost Matrix
Future Net Group* Setup Fee Monthly Fee Annual Fee Out-of-Scope Hourly Base Year** $ 3,750.00 $ 45,000.00 Option Year 1** $ 3,850.00 $ 46,200.00 Option Year 2** $ 3,950.00 $ 47,400.00 IT Support Services Hourly Rate - On-site $ 95.00 IT Support Services Hourly Rate - Off-site $ 70.00
*Lacks comparable clients and references to the size and needs of the City of Chowchilla **The fee options were not explained and staff is unsure what the true cost schedule is
Unity IT Setup Fee Monthly Fee Annual Fee Out-of-Scope Hourly Encompass Service Level $ 4,920.00 $ 59,040.00 Elevate Service Level $ 3,951.00 $ 47,412.00 Setup Fee $ 0.00 Optionals - Endpoint Security Antivirus $ 301.00 $ 3,612.00 Optionals - Cloud Data Protection $ 1,080.00 $ 12,960.00 Optionals - Cloud Email Antispam $ 98.00 $ 1,176.00 Out-of-Scope Hourly Rate $ 0.00
Apex Technology Management, Inc. Setup Fee Monthly Fee Annual Fee Out-of-Scope Hourly One Time Setup Fee (waived w/ 3-yr agreement) $ 11,375.00 Platinum Level (per count in RFP) $ 14,827.00 $ 177,924.00 Gold Level (per count in RFP) (maybe later) $ 9,705.00 $ 116,460.00 Out-of-Scope Projects Hourly Rate 1 $ 110.00 Out-of-Scope Projects Hourly Rate 2 $ 130.00 Out-of-Scope Projects Hourly Rate 3 $ 150.00
SoftHQ, Inc. Setup Fee Monthly Fee Annual Fee Out-of-Scope Hourly 3- Year Total Fixed Cost Fee $ 20,000.00 $ 240,000.00 Out-of-Scope Help Desk Technician $ 28.00 Out-of-Scope Network Engineer $ 37.00 Out-of-Scope Communications Engineer $ 43.07 Out-of-Scope Database Administrator $ 39.00 Out-of-Scope Back Up and Recovery Specialist $ 29.46 Out-of-Scope Disaster Recovery Specialist $ 43.00 Out-of-Scope ITIL Specialist $ 35.00 Out-of-Scope Systems Analyst $ 35.00
Scorpyon Technical Solutions Setup Fee Monthly Fee Annual Fee Out-of-Scope Hourly Onboarding Fee $ 20,000.00 Year 1 $ 81,680.00 $ 980,160.00 Year 2 $ 89,298.00 $ 1,071,576.00 Year 3 $ 97,677.80 $ 1,172,133.60 Consultant/Project Manager $ 125.00 Lead Consultant/Sr. Network Engineer $ 150.00 IT Corporate Systems Manager I $ 195.00 IT Corporate Systems Manager II $ 195.00
COUNCIL RESOLUTION # -18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA APPROVING AN AGREEMENT WITH UNITY IT, LLC AND AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE ALL RELATED DOCUMENTS THERETO
WHEREAS, on November 20, 2017 the City released a Request for Proposals (RFP) seeking qualified and experienced professional consultants to provide information technology (IT) network maintenance and support along with consulting services for the City’s diverse IT needs and a dynamic environment; and
WHEREAS, on January 4, 2018, the City received five proposals in response to the RFP; and
WHEREAS, each submission was reviewed and ranked according to the project understanding, approach and qualifications, and in being the most sufficiently responsive based on the ability to deliver the obligated services and timely responsiveness in an effective and efficient means; and
WHEREAS, the submission from Unity IT, LLC was found to be fully qualified and responsive to the City’s request; and
WHEREAS, funding is available in the FY 2017-2018 budget that will be appropriated through a budget amendment to reassign monies from currently funded accounts; and
WHEREAS, this is a multi-year agreement and thus allocations will be included in future budgets.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla does hereby resolve, find and order as follows:
1. The above recitals are true and correct.
2. The Agreements between the City and Unity IT, LLC, copies of which are on file with the City Clerk and referred to for particulars, is approved as submitted.
3. The City Administrator is authorized to execute the agreements on behalf of the City.
4. This resolution is effective immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 13rd day of February 2018 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN: APPROVED:
Dennis Haworth, Mayor
ATTEST:
Joann McClendon, CMC City Clerk MASTER CUSTOMER AGREEMENT UNITY IT, LLC
GENERAL TERMS
In consideration of their mutual obligations, this MASTER CUSTOMER AGREEMENT (“Agreement”) is entered into this 13th day of February 2018 (“Effective Date”) and between the City of Chowchilla located at 130 S. Second Street, Chowchilla CA 93610 (“Customer”) and Unity IT, LLC, a Managed Services Provider located at 55 Shaw Ave Suite 204 Clovis CA 93612 (“MSP”).
1. SCOPE OF AGREEMENT. This Agreement serves as a master agreement and applies to Customer's and its Affiliates’ purchases from MSP, or any of its Affiliates, of services (“Services”), as well as licenses for software, hardware, support and maintenance services, and/or subscription services (collectively, "Product"). For purposes of this Agreement, "Affiliate" means any entity that, directly or indirectly through one or more intermediaries, controls or is controlled by or under common control with Customer or MSP, as the case may be. No Product or Services will be provided under this Agreement alone, but may require the execution of a written or electronic order form, or other mutually acceptable order documentation (including, without limitation, Statements of Work for Products and Services as further described below) (each, an "Order"), which contains terms relating to this Agreement, each of which must be executed by both parties and, upon such execution, is deemed incorporated in this Agreement for all purposes. The parties hereby further agree that the parties may execute multiple Orders and Statements of Work under this Agreement. In the event of any conflict between the terms of the Statement of Work and those of this Agreement, the terms of the Statement of Work will prevail.
2. TERM AND TERMINATION. This Agreement will begin on the Effective Date and will continue until terminated by either party. Customer may terminate a specific Order for Services or this Agreement with MSP within 30 days after receipt of written notice from Customer. MSP may: (a) terminate a specific Order if Customer fails to pay any applicable fees due for that Order within 30 days after receipt of written notice from MSP of non-payment; and/or (b) terminate this Agreement or an Order if Customer commits any other material breach of this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice from MSP. Upon any termination of the right to use a Product, Customer will immediately uninstall (if the Product is software) and cease to use the terminated Product and, upon MSP's written request, immediately return such Product to MSP, together with all related documentation, and copies thereof. Upon written request of MSP, Customer will promptly certify in writing to MSP that all copies of the Product have been returned, and that any copies not returned have been destroyed. If an Order for Services is terminated, Customer will promptly pay MSP for Services rendered, and expenses incurred through the termination date. MSP may terminate any license granted for a Deliverable (as defined below) if (i) Customer does not pay MSP for that Deliverable in accordance with this Agreement, or (ii) if Customer materially breaches any part of Section 4 of this Agreement.
3. PAYMENT AND DELIVERY. Customer will pay MSP all fees due upon receipt of an invoice specifying the amounts due ("Fees"). All Fees payable under this Agreement are exclusive of sales, use, VAT, customs duties, excise, and any other applicable transaction taxes, which Customer will pay (excluding taxes based upon the net income
of MSP). If payment is not received on or before any invoice due date, interest shall begin to accrue and be payable at the lesser of the maximum rate permitted under applicable law or at the rate of one and one-half percent (1.5%) per month from the date due until paid in full. Customer shall pay all expenses, including actual attorneys’ fees, incurred by MSP or its representatives in enforcing its rights under this Agreement, provided that MSP is successful on the merits. Customer’s obligation to pay undisputed amounts due for Services and MSP’s right to all such amounts are absolute and unconditional. Customer is not entitled to setoff of such amounts. All Product is FOB shipping point. All Fees will be detailed in an Order. Unless otherwise stated in a Statement of Work, Customer agrees to pay or reimburse MSP for all actual, necessary, and reasonable expenses incurred by MSP in performance of such Statement of Work, which are capable of verification by receipt. MSP will submit invoices to Customer for such fees and expenses either upon completion of the Services, or at stated intervals, in accordance with the applicable Statement of Work.
4. PROPRIETARY RIGHTS AND CONFIDENTIALITY.
4.1 Proprietary Rights. MSP, or its Affiliates or licensors, retains all right, title and interest in any and all intellectual property, informational, industrial property and moral rights in the Product, and copies thereof. MSP neither grants nor otherwise transfers any rights of ownership in the Product to Customer. The Product is protected by applicable copyright and trade secrets laws, and other forms of intellectual property, informational and industrial property protection.
4.2 Product. Customer may only use and disclose Product in accordance with the terms of this Agreement and applicable Order. MSP reserves all rights in and to the Product not expressly granted in this Agreement. Customer may not disassemble or reverse engineer any software Product, or decompile or otherwise attempt to derive any software Product's source code from executable code, except to the extent expressly permitted by applicable law despite this limitation, or provide a third party with the results of any functional evaluation, or benchmarking or performance tests on the Products, without MSP’s prior written approval. Except as expressly authorized in this Agreement or an Order, Customer may not (a) distribute the Product to any third party (whether by rental, lease, sublicense or other transfer), or (b) operate the Product in an outsourcing or service provider business to process the data of third parties. Additional usage restrictions may apply to certain third-party files or programs embedded in the Product - applicable installation instructions or release notes will contain the relevant details.
4.3 Services Deliverables licensed under this Agreement.
a. License. Subject to the terms of this Agreement, MSP grants Customer a perpetual, non-exclusive, non-transferable license to use and modify all programming, documentation, reports, and any other deliverables provided as part of the Services (“Deliverables”) solely for its own internal use.
b. Pre-Existing License Agreements. Any software product provided to Customer by MSP as a reseller for a third party, which is licensed to Customer under a separate software license agreement with such third party (such agreement, an “SLA”), will continue to be governed by the SLA. The fulfillment of the Services will not relieve or alter the obligations or responsibilities of either party or of any third party in regards to the software product licensed under the SLA.
c. Ownership. MSP owns all right, title and interest in the Deliverables, including all intellectual property rights embodied therein. Nothing in this Agreement is intended to or will have the effect of vesting in or transferring to Customer rights in MSP’s or its affiliates’ or its or their suppliers’ software, methods, know-how or other intellectual property, regardless of whether such intellectual property was created, used or first reduced to practice or tangible form in the course of performance of the Services, whether solely by MSP or jointly with Customer.
4.4 Mutual Confidentiality. This Section sets out the terms for identification of information which is considered confidential and proprietary by a party (the “Discloser”), and restrictions against use and disclosure of such Confidential Information after disclosure to the other party (the “Recipient”).
a. Definition. The term “Confidential Information” means all proprietary or confidential information that is disclosed to the Recipient by the Discloser, and includes, among other things (i) any and all information relating to products or services provided by a Discloser, its customer- related and financial information, source and executable code, flow charts, drawings, techniques, specifications, development and marketing plans, strategies, forecasts, and sales and marketing materials; (ii) the Product; and (iii) the terms of this Agreement. Confidential Information does not include information that Recipient can show: (A) was rightfully in Recipient’s possession without any obligation of confidentiality before receipt from the Discloser; (B) is or becomes a matter of public knowledge through no fault of Recipient; (C) is rightfully received by Recipient from a third party without violation of a duty of confidentiality; or (D) is or was independently developed by or for Recipient.
b. Disclosure Restrictions. Recipient may not disclose Confidential Information of Discloser to any third party without the prior written consent of Discloser.
c. Proprietary Legends. Recipient may not remove, obscure, or alter any proprietary legend relating to the Discloser’s rights on or from any form of Confidential Information of the Discloser, without the prior written consent of the Discloser, except as expressly authorized in an Order.
5. ALLOCATION OF RISK
5.1. Disclaimer of Damages. EXCEPT FOR VIOLATIONS OF SECTION 4, NEITHER PARTY, NOR ITS AFFILIATES AND LICENSORS, ARE LIABLE TO THE OTHER PARTY, OR ITS AFFILIATES OR LICENSORS, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PRODUCT (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST COMPUTER USAGE, AND DAMAGE OR LOSS OF USE OF DATA), EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IRRESPECTIVE OF THE NEGLIGENCE OF EITHER PARTY OR WHETHER SUCH DAMAGES RESULT FROM A CLAIM ARISING UNDER TORT OR CONTRACT LAW.
5.2. Limitation of Liability. EXCEPT FOR VIOLATIONS OF SECTION 4, MSP'S LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS
AGREEMENT IS LIMITED TO THE GREATER OF THE AMOUNT PAID OR PAYABLE BY CUSTOMER FOR THE APPLICABLE PRODUCT.
5.3. Injunctive Relief. Both parties acknowledge that their violation of Section 4 may cause the other party immediate and irreparable harm. In the event of such breach, the breaching party agrees that the other party may seek, in addition to any and all other remedies available at law, an injunction, specific performance or other appropriate relief.
6. SERVICES-SPECIFIC TERMS.
6.1. All Necessary Rights. If, as part of MSP’s performance of Services, MSP is required to use, copy or modify any third party system (hardware, software or other technology) provided or licensed to Customer, then prior to MSP’s performance of such Services, Customer will acquire all rights necessary for MSP to perform such Services.
6.2. Limited Warranty. MSP warrants that the Services performed will be of a quality conforming to generally accepted practices that are standard within the software services industry for a period of ninety (90) days from completion of the Services under the applicable Statement of Work. Customer’s exclusive remedy and MSP’s entire liability under this warranty will be for MSP to re-perform any non-conforming portion of the Services within a reasonable period of time, or if MSP cannot remedy the breach during such time period then refund the portion of the fee attributable to such non- conforming portion of the Services. This warranty will not apply to the extent Customer, its contractors or agents have modified any Deliverable, unless otherwise authorized by MSP in writing. THIS WARRANTY AND CONDITION IS IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS. THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6.3. Intellectual Property Indemnity
a. Infringement Claims. If a third party asserts a claim against Customer asserting that the Deliverables and/or MSP’s performance of the Services in accordance with the terms of this Agreement violates a patent, trade secret or copyright (an “Intellectual Property Right”) owned by that third party (“Infringement Claim”), then MSP will, at its own expense: (a) defend or settle the Infringement Claim; and (b) indemnify Customer for any damages finally awarded against Customer, but only if Customer promptly notifies MSP of any Infringement Claim, MSP retains sole control of the defense of any Infringement Claim and all negotiations for its settlement or compromise, and Customer provides all reasonable assistance requested by MSP. MSP will not be liable for any expenses or settlements incurred by Customer without MSP's prior written consent.
b. Remedies. If an injunction or order is obtained against MSP performing the Services for Customer and/or Customer using the Deliverables by reason of the allegations of infringement, or if in MSP’s opinion the Services and/or Deliverables may violate a third party's proprietary rights, then MSP will, at its expense: (a) procure for Customer the right to continue to receive the Services and/or use the Deliverables; (b) modify or replace the Services and/or Deliverables with a compatible, functionally equivalent substitute; or (c) if neither (a) nor (b) are commercially practical, terminate this Agreement and release
Customer from its obligation to make future payments for the Services and/or Deliverables. Sections 5.1 and 5.2 contain Customer's exclusive remedies and MSP's sole liability for claims of infringement.
6.4. Independent Contractor. Nothing in this Agreement will be construed to make either party an employer, employee, agent or partner of the other, and this Agreement will not be construed to create rights, express or implied, on behalf of or for the use of any party other than MSP and Customer. All of the Services performed by MSP will be performed as an independent contractor. MSP will perform such Services under the general direction of Customer, but MSP will have sole discretion to determine the manner, method and means of performing such Services subject to the provisions of this Agreement and applicable Statement of Work. Neither party will have any authority to make any contract in the name of or otherwise to bind the other party. MSP will be responsible for and will pay all unemployment, social security and other payroll taxes, and all worker's compensation claims, worker's compensation insurance premiums and other insurance premiums, with respect to MSP and MSP's employees.
6.5. Mutual Non-Solicitation. During the term of this Agreement, and for a period of six (6) months thereafter, neither party will solicit for employment any employees of the other party or its affiliates who, within six (6) months prior to such solicitation: (a) directly performed under this Agreement, (b) had substantial contact with the hiring party in relation to this Agreement, or (c) the hiring party became aware of due to, or derived from information learned through the performance of, this Agreement. For this purpose, "solicitation" does not include contact resulting from indirect means such as public advertisement, placement firm searches or similar means not directed specifically at the employee to which the employee responds on his or her own initiative. Notwithstanding the foregoing, either party may at any time, directly or indirectly, solicit and hire any employee of the other party if such employee did not resign but was terminated by the other party. The parties acknowledge and agree that a breach of this “Non- Solicitation” clause will not give rise to a right of termination of this Agreement; the party not in breach will only have the right to seek and recover direct damages from the breaching party.
6.6. Mutual Indemnity. Each party will indemnify, defend and hold harmless the other party from all claims, liabilities or expenses for physical damage to real property or tangible personal property and bodily injury, including death, to the extent caused by the gross negligence or willful misconduct of the indemnifying party’s employees or contractors arising out of this Agreement and while at the Customers premises. The foregoing indemnities are contingent upon the party seeking indemnity giving prompt written notice to the indemnifying party of any claim, demand or action, and cooperating with the indemnifying party in the defense or settlement of any such claim, demand or action.
7. MISCELLANEOUS/OTHER PROVISIONS.
7.1. Severability. Should any provision of this Agreement be invalid, or unenforceable, the remainder of the provisions will remain in effect. In the event of a dispute, the prevailing party in any litigation or arbitration will be entitled to recover its attorneys’ fees and cost incurred from the other party.
7.2. Notices. Unless otherwise provided, notices to either party will be in writing to the address indicated above, or as later amended, and deemed effective when received.
7.3. Verification. Upon MSP’s written request, Customer will provide MSP with a certification signed by an officer of Customer verifying that Product is being used pursuant to the terms of this Agreement, including without limitation the licensed capacity of the Product. MSP may, at its expense, audit Customer's use of Product to confirm Customer’s compliance with this Agreement. Any such audit will be conducted during regular business hours at Customer’s facilities and will not unreasonably interfere with Customer’s business activities. If an audit reveals that Customer has underpaid Fees to MSP, Customer will pay such underpaid Fees. If the underpaid Fees exceed five percent (5%) of the Fees paid, then Customer will also pay MSP’s reasonable costs of conducting the audit.
7.4. Assignment. Customer may not assign this Agreement or any rights granted in this Agreement to any third party, except with the prior written consent of MSP.
7.5. No Waivers. Failure of a party to require performance by the other party under this Agreement will not affect the right of such party to require performance in the future. A waiver by a party of any breach of any term of this Agreement will not be construed as a waiver of any continuing or succeeding breach.
7.6. Force Majeure. Any delay or failure of any party to perform any obligation under this Agreement caused by governmental restrictions, labor disputes, storms or natural disasters, emergency, or other causes beyond the reasonable control of the party, will not be deemed a breach of this Agreement. This provision does not apply to the payment of monies or any breach of Section 4.
7.7. Independent Contractors. The parties are independent contractors of each other, and no partnership or joint venture is intended or created by this Agreement.
7.8. Entire Agreement. This Agreement, together with each Statement of Work and Order, constitutes the entire agreement between Customer and MSP, and supersedes any prior or contemporaneous negotiations or agreements, whether oral or written, concerning this subject matter. This Agreement, and each Statement of Work and Order, may be modified only in a mutually signed writing between Customer and MSP. In the event of a conflict between this Agreement, any Statement of Work or an Order, the terms of the Order will control, followed by the terms of the applicable Statement of Work and then this Agreement.
7.9. Export Controls. Customer will cooperate with MSP as reasonably necessary to permit MSP to comply with the laws and regulations of the United States and all other relevant countries, relating to the control of exports (“Export Laws”). Customer may not import, nor export or re-export directly or indirectly, including via remote access, any part of the Product into or to any country for which a validated license is required for such import, export or re-export under applicable Export Laws, without first obtaining such a validated license.
7.10. Referencing. Customer agrees that MSP and its Affiliates may refer to Customer as a customer of MSP, both internally and in externally published media. Customer also agrees to instruct appropriate personnel within its organization that Customer has agreed to receive and participate in calls, from time to time, with potential customers of MSP who wish to evaluate the technical specifications of Product.
7.11. Dispute Resolution and Governing Law. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE PRODUCT AND/OR THIS AGREEMENT WILL BE SUBJECT TO ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES. THE AWARD AND ANY FINDINGS OF THE ARBITRATOR MUST BE FILED WITHIN THIRTY (30) DAYS OF THE FINAL ARBITRATION HEARING. JUDGMENT ON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. NOTHING CONTAINED IN THIS SECTION WILL LIMIT EITHER PARTY’S ABILITY TO SEEK INJUNCTIVE RELIEF IN ANY COURT. THE PARTIES WILL ARBITRATE DISPUTES IN CONFIDENCE. THIS AGREEMENT WILL BE GOVERNED BY THE SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA. THE CHOICE OF LAW RULES OF ANY JURISDICTION AND THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS WILL NOT APPLY.
7.12. Survival. Sections 2, 4, 5, 6 and 7 will survive the termination or expiration of this Agreement. The prevailing party in any litigation or arbitration proceeding is entitled to recover, from the other party, its reasonable attorneys’ fees and necessary costs incurred in such proceeding.
This Agreement is effective only upon execution by MSP and Customer. Each party hereto warrants and represents that this Agreement constitutes the legal, valid and binding obligation of such party as of the Effective Date.
CITY OF CHOWCHILLA UNITY IT, LLC
______Brian Haddix Kip Haroldsen City Administrator President
______Date Date
SELECTED PLAN(S): Option 1 – Encompass
OPTIONAL SUBSCRIPTIONS: Endpoint Security Cloud Email Filtering
FUTURE OPTIONAL SUBSCRIPTIONS: Cloud Data Protection – The City wants to retain the opportunity to add this optional subscription, at the cost stated in the proposal, when the City chooses to migrate from physical backup services to Cloud based backup services, and at a date deemed appropriate by both parties of this agreement, with monthly invoices to subsequently reflect this additional subscription.
Proposal for Information Technology Managed Services
Proposal created for: City of Chowchilla
Contact name: Marty Piepenbrok, Community Relations Manager
Date: January 4, 2018
Dear Mr. Piepenbrok,
Thank you for the opportunity to respond to your RFP for Managed Information Technology Services for the City of Chowchilla. Unity IT has provided IT support services in the greater Fresno area since 2004. We currently support over 200 networks and provide IT services to more local government entities than any other service provider. This includes the City of Reedley, City of Sanger, City of Kerman, City of Parlier, Selma Police Department, Fowler Police Department, Kingsburg Police Department, & Firebaugh Police Department. We have two IT support plans for your consideration.
Option 1 – Encompass Encompass is our flat-rate, all-inclusive IT support program called Encompass. The Encompass program includes 100% of all IT related services and maintenance. The unlimited service available in Encompass is unmatched by any competitor.
Encompass includes:
• 24x7 access to our help desk • System administration • Scheduled onsite visits • Additional onsite visits as needed • 24x7 system monitoring • Project management • IT consulting • Procurement management • Asset management • 3rd party vendor management
We have found that our competitors will generally place restrictions and limits in their customer agreements, such as, a limited number of onsite technician hours, limited help desk hours, limited or no after-hours support, and no project support hours. With Encompass, there are no limits or restrictions. Encompass is provided at a monthly flat rate per supported device. This makes budgeting very simple and accurate. The unlimited service available in Encompass is unmatched by any competitor.
Option 2 – Elevate Elevate is our entry-level proactive approach to IT support. Instead of the unlimited support included with the Encompass program, Elevate includes a block of discounted time that is used for IT support hours. These block hours can be used for any needed IT service (help desk, system administration, onsite visits, projects, meetings, etc.). If the block hours are exhausted in a month we will contact the City for approval to purchase an additional block of time. Unused block time rolls over and never expires. In addition, Elevate includes the same system monitoring tool used in our Encompass program. This allows us to know how each system is performing 24x7. In the event of any alert, our techs will begin immediate remediation using your block hours.
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Given our years of experience with local government, Unity IT thoroughly understands the IT needs of your organization and we have supported many systems used by your departments. Also, we recognize that security is a top concern for the City, especially the Police Department. Each of our team members have gone through background checks conducted by numerous Police Departments and our DOJ Criminal Justice Security Certificates are valid through November of 2018.
We are confident that our track record and services offered are unparalleled and the best match for Chowchilla.
Should you need any clarification on this proposal please contact me at any time.
Kip Haroldsen, President [email protected] 55 Shaw Ave. Suite 204 Clovis, CA. 93612 559-297-1007 Office 559-513-8868 Fax
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A - Unity IT Background
Unity IT was started in 2004 by Kip and Karen Haroldsen. Unity IT provides managed IT services, consulting, project management, security services, cloud solutions and VoIP phone service. Our clients include local government, non-profit, educational and small business organizations.
Unity IT has partnered with Microsoft, HP, Dell, Sonicwall, Cisco, Watchguard and every other major IT vendor.
Personnel Summary -
Kip Haroldsen, President - Prior to Unity IT, Kip worked for the Fresno County Sheriff’s Department as a Senior Network Engineer and an instructor for Heald College. Kip designed and implemented the Fresno County Law Enforcement Network (FCLE). Some of the first clients of Unity IT were local law enforcement agencies. Kip is a Microsoft Certified Professional + Internet, Microsoft Certified Trainer and a Microsoft Certified Systems Engineer. Kip is your account manager.
Karen Haroldsen, VP – Karen is the co-founder of Unity IT. Karen has a BA degree from Fresno State and handles the administrative side of Unity IT. Karen is the primary contact for finance questions.
John Baker, Technical Services Manager - John started with Unity IT in 2008. John manages the support needs of our clients and scheduling of our technicians. Prior to joining Unity IT, John was a subcontractor for IBM. He has provided support to numerous national organizations and small businesses since 1999. John attended Heald College in Fresno and is Microsoft Certified.
Austin Berry, Network Support Technician – Austin holds an AS from ITT Technical Institute in Electrical Engineering. Prior to joining Unity IT, Austin supported the Dinuba Unified School District network. In addition to IT Administration, Austin brings programming experience to our company.
Josh Valk, Network Support Technician – Josh holds an BS from Fresno State is Criminology. Prior to Unity IT, Josh worked as a Systems Administrator for multiple businesses in Fresno.
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Carrlos Berrocal, Network Support Technician – Carlos is a Microsoft Certified Professional and has provided IT support in the Central Valley since 2006. Carlos has worked with agriculture, tax, and correctional organizations. Carlos currently supports the City of Kerman and the City of Reedley.
Patrick Lewis, Network Support Technician – Patrick holds an BS from ITT Technical Institute in Information Systems and Cyber Security. Patrick joined Unity IT in 2015. Patrick currently supports the City of Sanger and the City of Reedley.
Scott Samp, Network Support Technician – Scott holds an BS from ITT Technical Institute in Information Systems and Cyber Security. Prior to Unity IT, Scott worked for as a system administrator for another IT support company. Scott is our point technician for disaster recovery and data protection. Scott joined Unity IT in 2016.
Ryan Parsons, Network Support Technician – Ryan is currently attending Colorado Technical Institute and will graduate with his BS in Information Technology in April 2018. Prior to joining Unity IT, Ryan worked for a software manufacturer, a wireless Internet service provider, and a network support company from the Bay Area. Ryan served in the Coast Guard for 11 years as an Communications Systems Operator with Top Secret Clearance.
Current Clients –
City of Reedley – Unity IT has provided managed IT services for the City of Reedley since 2007. We were awarded the contract via RFP. We provide onsite and remote server for every device connected to the network. This includes desktops, laptop, tablets, MDTs, smartphones, routers, switches, timeclocks, servers, etc. In addition, we are the primary point of contact for all software applications used (MOM, ArcGIS, Fire RMS, Scada, Metroscan, DocStar, Track-It, and all FSO/FCLE applications).
City of Sanger – Unity IT has provided managed IT services for the City of Sanger since 2011. We have gone through the RFP process twice and were awarded the agreement on each occasion. We are the sole IT provider and support all departments and systems. This includes finance (Tyler Technologies), WWTP and Water Dept SCADA, CAD / RMS for the FD and PD, RecTrack, and Laserfiche.
City of Kerman – The City of Kerman issued a RFP for managed IT services in 2012 and Unity IT was selected as the support provider. We are the sole IT support provider. We provide the same services to the City of Kerman as described above for the City of Reedley and the City of Sanger. Recently we assisted with the finance system migration to Springbrook, upgraded the Laserfiche system and Agenda Manager (online City Council agendas).
Selma PD, Kingsburg PD, Fowler PD & Firebaugh PD – Unity IT provides IT support for each of these Police Departments. While the City uses a different IT company, each of the Police Departments has separately hired Unity IT because the IT company used by the City was not meeting their IT needs.
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B - Proposal Summary (Statement of Work)
Option 1 - Encompass
Encompass is our premier Managed IT Support program. Through Encompass, we provide 100% of all IT related service for each covered device. We have yet to find a competitor that offers a comparable unlimited IT support program without restrictions. Encompass is used by each of the City government networks that we support. Encompass includes the following:
• Unlimited help desk support – 24x7 unlimited access to our help desk. When you call our office you will talk directly with a technician. In addition, we understand that sometimes your personnel will need assistance after-hours. Help desk support for after-hours, holidays, etc. is included. • Unlimited system administration – Our technicians will ensure your systems are maintained to the highest standard. We will also provide any needed administration for each system including user account maintenance, folder security, backup management, software updates, and event log monitoring. • Scheduled onsite visits – As requested in the RFP, we will schedule a technician to be onsite one day a week from 8am – 5pm. ***Note – there is a significant cost savings to the City if we adjust the onsite hours to 9am – 4pm. This will eliminate the need to pay our technician overtime. See Section D for details. • Additional onsite visits as needed – Periodic projects or emergency issues will require additional onsite visits. These visits are included at no cost. • VoIP support – As requested in the RFP we will provide support of your Shoretel system and applications. • Project management – As the time comes to replace systems or migrate to new platforms, Unity IT will manage the project and provide any needed IT service at no additional cost. • IT service for system upgrades, moves, adds and changes – Any IT service needed to install new software versions, system changes / upgrades, system replacements / installations is included. • 24x7 system monitoring – Our remote system monitoring is second to none. Many vendors will utilize multiple low-cost monitoring systems to try to manage a client. Our unified monitoring system provides a single pane of glass for our technicians to quickly and easily see any issues that may arise. The monitoring system is owned and operated by Unity IT, which means access to your systems is never available to a 3rd party. • Security assessments – Encompass includes regular security assessments to ensure all data is protected. We will provide folder security reports to the City to ensure proper access is granted. We also check the user rights of each system and manage disabled accounts to ensure only authorized users have access. Last, we ensure your firewall rules are always up-to-date and that your Internet connection is secure. • Managed anti-virus, anti-spam solutions – Our monitoring agent will check the status of the anti-virus solution installed on each computer. This ensures that the systems are protected from viruses and regular scans are clean. Should any potential issue be discovered, our technicians will begin immediate remediation. • Patch management – Our monitoring agent also handles the approval and installation of software patches. This is always done after-hours. In addition, we control the approval of patches to allow proper testing before deployment. We typically update workstations each night, and servers once a week.
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• Mobile / remote worker support – Encompass includes support for phones, tablets and laptops that are used by remote workers. • Asset management / license management – We maintain a current list of all supported systems. This includes make, model, serial number, hardware details, assigned user, installation date and all applications installed. This information is used to project replacement schedules and run reports for software license audits. • Budget planning – During the budgeting process we will provide suggestions on system upgrades and replacements, and obtain quotes as needed. Through this process we will help the City to accurately determine a budget for IT expenses. • Procurement management – When IT related purchases are needed, we will provide quotes and manage the procurement process. • 3rd party vendor management – Unity IT provides a single point of contact for all IT issues. We will work with all 3rd party vendors that may need to be involved with a ticket / project. This includes software vendors, hardware vendors, Internet service providers, etc. • Travel and mileage fees are included • Periodic review meetings – Unity IT will attend planning / review meetings on a regular basis and as requested by the City. • Reporting – Reports include the status of all systems, discovered issues, and any work performed by our technicians. These reports are generally emailed once a week to the key contacts, but this can be altered to suite any need. • Cross-trained staff – We generally assign 2 staff members to rotate onsite visits; however, each staff member in our office will be cross trained to provide any support needed by the City. This ensures that your issues are addressed as soon as possible, rather than waiting for your assigned technician to become available.
Option 2 - Elevate
As an alternative to Encompass, Elevate is our entry-level proactive IT support program. Elevate offers the same support options as Encompass, but instead of a flat-rate for each supported device, services are provided using a discounted pre-paid block of support hours. Block hours are purchased each month. If the number of hours available in a given month is exhausted we will contact the City for approval to purchase another block. Unused block hours roll over and never expire.
• 24x7 system monitoring – Elevate includes the same monitoring system described above. • Windows patch management – Elevate includes windows patch management. Updates are automated and installed after-hours with accompanying reboots as needed. • Help desk support – 8x5 access to our help desk. After-hours / holiday support is available and comes out of block time at 1.5x. • System administration – System administration is performed 8x5. After-hours support is billed against your block hours @ 1.5x. • Scheduled onsite visits – As requested in the RFP, we will schedule a technician to be onsite one day a week from 8am – 5pm. • Travel and mileage - Mileage is billed at $1.00 per mile, or $90.00 per trip.
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• Other IT Services – All other IT services as described in the Encompass section and requested in the RFP are available and provided using your block rate.
Unity IT does not subcontract any support services. If the City requires any cabling services, we will recommend multiple contractors and obtain bids. C – Communication
Unity IT uses a unified ticketing / customer relationship management solution. This system provides a single repository for every IT request, configuration and asset. Each ticket is logged in this system. Any update that is made to the ticket generates an email to the ticket contact(s). All technicians in our office have access to tickets and can review notes and assist with issues as needed. Weekly reports are generated and emailed to key contacts to summarize all IT service provided. In addition, all users have access to our online customer portal. Through this portal, users can submit tickets and review current tickets. Designated managers can access to portal to view all user tickets, generate reports, access invoices and make online payments.
Our ticketing system is also integrated with our system monitoring solution. When a monitoring agent detects an issue, tickets are automatically opened.
To open support requests, any City employee can call our office at 559-297-1007 or send an email request to [email protected]. Note – emergency issues should be phoned into our office, rather than relying on email requests.
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D - Monthly Cost Details
Option 1 – Encompass
Item Quantity Cost Total Encompass Workstation Management Plan 70 $73.50 $5,145.00 Encompass Server Management Plan 16 Included $0.00 Encompass Network Device Management Plan 18 Included $0.00 Mileage (4 trips @ 90 miles) 360 Included $0.00 Total $5,145.00 Suggested Weekly Onsite Schedule Change Discount -($56.25) -($225.00) 9am – 4pm 4 Monthly Total with Discount $4,920.00 Annual Total with Discount $59,040.00 3 Year Total with Discount $177,120.00
Option 2 – Elevate
Item Quantity Cost Total Elevate Workstation Monitoring 70 $4.00 $280.00 Elevate Server Monitoring 16 $8.00 $128.00 Elevate Network Device Monitoring 18 $2.00 $36.00 Windows Patch Management 86 $2.00 $172.00 IT Support Block Hours (35 hours @ $100 per hour) 35 $100.00 $3,500.00 Block Rate Discount (-15%) 35 -($15.00) -($525.00) Mileage (4 trips @ $90.00) 4 $90.00 $360.00 Monthly Total with Discount $3,951.00 Annual Total with Discount $47,412.00 3 Year Total with Discount $142,236.00
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Optional subscriptions
We have a few optional subscriptions you may want to consider.
Endpoint Security – this is our anti-virus solution that is 100% integrated with our monitoring agent. It is made by BitDefender, a leader in anti-virus solutions. We understand that you have a current Kaspersky subscription. At the time of renewal, we would recommend our anti-virus solution for monitoring and configuration advantages. In addition, the recent move by the Federal Government to ban Kaspersky products is still under review.
Cloud Data Protection – this subscription provides local backups as well as a copy of backed up data in the cloud. In the event of a disaster it is important to have a copy of your data located in a remote location for recovery options. All cloud data is encrypted and not accessible to any 3rd party.
Cloud Email Filtering – this subscription provides access to our cloud email filtering solution. This solution scans all email for spam and viruses before it is delivered to your network. We find that most viruses are spread through email and this subscription helps eliminate those threats.
Item Quantity Cost Total Endpoint Security – Antivirus 86 $3.50 $301.00 Cloud Data Protection (Offsite Backup Storage) $0.18 $1,080.00 Estimated @ 6000GB 6000GB Cloud Email Antispam / Antivirus Filtering 56 $1.75 $98.00 Monthly Total $1,479.00
*NOTE – All quantities quoted in Section D are based on workstation / server count provided in the RFP. As device counts increase / decrease the monthly bill will be adjusted accordingly.
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E – References
City of Reedley Paul A. Melikian, Director of Finance & Administrative Services [email protected] (559) 637-4200 ext. 300 845 G Street Reedley, CA 93654 (12 Servers, 69 workstations)
City of Sanger John F. Mulligan, Public Works Director [email protected] (559) 876-6300 ext. 1250 1700 7th Street Sanger, CA 93657 (10 servers, 73 workstations)
City of Kerman Carolina Camacho, Interim Finance Director [email protected] (559) 659-2043 850 S. Madera Avenue Kerman, CA 93630 (8 Servers, 54 workstations)
Selma Police Department Myron Dyck, Lieutenant [email protected] (559) 896-2525 1935 E Front St Selma, CA 93362 (21 workstations, 15 MDTs)
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F - Additional Information
A few additional items that we wanted to bring to your attention.
Dual Factor Authentication – Our ticketing, CRM, monitoring, and remote control systems are all configured with 2 factor authentication. This means that if an outside user was to obtain a password used by one of our technicians, they would not be able to access our systems without the codes generated by our 2 factor authentication application. These codes rotate every 30 seconds.
Cloud Strategy – Unity IT is heavily invested in cloud solutions to increase system availability, reliability and reduce long-term costs. In fact, every system we use internally is cloud based, including our phone system. In the event of a power or internet outage, our employees can work from any location and have full access to all systems. Unity IT will research options available for each system used by the City to determine if cloud solutions are a viable alternative.
Shoretel Support – An active Shoretel support agreement is required. This agreement provides support from the manufacturer should a hardware / software failure occur. If the City does not have an active agreement with Shoretel, we will assist with the renewal. Unity IT will provide onsite support, configuration and troubleshooting of the Shoretel system as needed.
Application Support - all supported software packages must have an active support agreement with the manufacturer.
Page 12 of 17 Item 6.2
CLICK HERE TO RETURN TO THE AGENDA REPORT TO THE CITY COUNCIL Meeting of: February 13, 2018
AGENDA SECTION: New Business
SUBJECT: A Resolution Authorizing Advertisement for Bids for Rehabilitation of Well No. 5A and No. 11.
PREPARED BY: Jerry Jones, Contract City Engineer
ATTACHMENTS: Resolution, Vicinity Maps, Proposed Bid Package
REVIEWED BY REVIEWED BY REVIEWED BY ADMINISTRATOR ☒ ATTORNEY ☒ FINANCE ☒
RECOMMENDATION: That the City Council adopt a resolution authorizing the advertisement for bids for the Rehabilitation of Well No. 5A and No. 11.
BACKGROUND: The City currently owns and operates seven domestic water supply wells, designated as Well No.1, 3, 5A, 8, 10, 11, and 14. Well No. 1 is at the end of its useful life and will be replaced with new Well No. 1A as part of the JCI Project later this year. Well No. 10 has had occasional water quality issues and is designated as a standby well and is only used when the others cannot meet system demands. Of the remaining wells, Well No. 5A, 11, and 14 are the City’s best producing wells. However, Well No. 5A and 11 are not operating at peak efficiency and are in need of repairs and upgrades.
REASON FOR RECOMMENDATION: As Council is aware, the City experienced occasional water pressure drops during times of peak water demand during Summer 2017. This situation occurred when the City’s active wells were unable to supply sufficient flow and pressure to meet the peak demands. Water supply wells operate on a curve, when flow increases, pressure decreases and vice-versa. So when the City’s water demands peaked during times last summer, pressures began to drop until the demand decreased. In order to minimize the fluctuations in pressure that occur as demands peak, the City must increase water supply (i.e. new wells or increased well efficiency and production) and construct water storage facilities to address demand fluctuations.
The City is working to address the issue through the construction of Well No. 1A and the water storage tank included in the JCI Project and through the maintenance, repair, and improvement of the City’s existing wells. Two of the wells, No. 5A and 11, are the first priority. Vicinity Maps for each of the wells are included for reference. The following are descriptions of work to be performed at each well site.
Well No. 5A Well No. 5A is located on the south side of Truman Drive between Washington and Wilson. The pump is currently set at a depth of 360’ below ground. Occasionally, the well will begin to draw air when pumped for extended periods or at high flow rates. This is due to the groundwater level being drawn down to the level of the pump to where there is no longer water available. Think of a straw in a cup, if you start with the straw only partially submerged, eventually you are going to have to push it down or you will just be sucking air. In order to remedy the situation, the pump will be pulled, additional pump column (pipe) will be installed to increase the depth, and the pump re-installed. The pump depth for Well No. 5A is planned to be increased from 360’ to 460’ below ground.
Well No. 11 Well No. 11 is located on the north side of Lakeshore Drive in the southwest portion of Green Hills Estates. The well has a faulty foot valve at the bottom of the pump. The foot valve is responsible for holding water in the pump column when the pump turns off. Without a functional foot valve, the water “falls” back into the well each time the pump turns off and the pump has to re-prime each time the pump turns on. This is inefficient and puts unnecessary wear and tear on the well. As a practical example, think of siphoning through a hose. At first, it takes some effort to draw the fluid through the hose, but once it starts to flow, there is no further effort required. For a well, the foot valves job is to ensure that “initial effort” is minimal. In order to remedy the situation, the pump will be pulled, the foot valve will be replaced, and the pump re- installed. In addition, an additional 50’ of pump column will be added to increase the pump depth from 500’ to 550’ below ground as a proactive measure.
In addition to increasing the pump depths and replacing the foot valve on Well No. 11, the City will be taking the opportunity to video inspect and clean each well, replace any damaged materials or equipment, and replace the pump bowls to increase efficiency. The necessity for these items will be determined by review of the video inspection and visual inspection of the pump components of each pump once pulled. If any of the items are not needed, they will be deleted from the contract.
FISCAL IMPACT: The total estimated project cost is $150,000, including engineering, construction management, and inspection. As discussed above, there may be some items that are not necessary to complete which would result in a reduced cost. However, any reductions in cost will not be known until construction commences.
The Water Fund currently has $40,000 budget left in system repairs for the remainder of the year. The amount of these repairs are unknown until we receive the bids but if they come in where expected, at around $150,000, we will have to do a budget amendment and pay for it out of reserves.
ALTERNATIVES: City Council can choose not to authorize advertisement for bids. As a result, the City of Chowchilla will have the potential for even more significant pressure fluctuations this coming summer. To be clear, this project will not completely remedy the pressure issue, but it is a necessary step in the right direction. If the City wishes to do only the bare minimum repairs, they can be completed below the City’s $30,000 purchasing threshold that requires advertised bids.
ACTIONS FOLLOWING APPROVAL: 1. Advertise for Bids (Commence February 15, 2018). 2. Open Sealed Bids (March 1, 2018). 3. Award of Contract by City Council (March 13, 2018).
COUNCIL RESOLUTION # -18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR THE REHABILITATION OF WELL NO. 5A AND NO. 11
WHEREAS, the City of Chowchilla currently owns, operates, and maintains seven domestic water supply wells; and
WHEREAS, the City’s Well No. 5A and No. 11 are in need of repairs and improvements to maintain peak efficiency and operational condition; and
WHEREAS, the proposed project will address the needs of Well No. 5A and No. 11 and improve the operation of the wells and City’s water system as a whole; and
WHEREAS, the City Engineer has prepared the necessary bid documents and specifications for the work and recommends advertisement for bids; and
WHEREAS, the Public Works Director has reviewed the bid documents and specifications and concurs with their content and recommends advertisement for bids.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds and determines the following:
1. The above recitals are true and correct.
2. The Public Works Director is hereby authorized to sign and advertise the Notice Inviting Bids included in the bid documents.
3. This resolution is effective immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 13th day of February, 2018 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Dennis Haworth, Mayor
ATTEST:
Joann McClendon, CMC City Clerk 14TH ST 15TH ST
COLUSA AVE
HOOVER AVE
COOLIDGE AVE
HARDING AVE
WILSON WAY RD 15 1/2 15 RD WASHINGTON DR
MARIPOSA AVE
ROOSEVELT DR Well #5A TRUMAN DR Site
GRANT DR
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Document Path: F:\2017\17-404\GIS\17-404_Exhibit_A_Well_5.mxd Path: Document Vicinity Map Well #5A Site Well No. 5A 0 100 200 O Feet DESERT SPRINGS ST
LAKESHORE DR
Well #11 Site
W GOLF DR Ã99 LA GU NA DR
Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community Document Path: F:\2017\17-404\GIS\17-404_Exhibit_C_Well_11.mxd Vicinity Map Well #11 Site Well No. 11 0 100 200 O Feet
BID DOCUMENTS FOR
REHABILITATION OF WELL NO. 5A AND 11
Bids Due: 2:00 P.M. on March 1, 2018
For Information, Contact: Jerry Jones, Contract City Engineer Telephone: (559) 244-3123 E-mail: [email protected] 130 S Second Street, Chowchilla, CA 93610 Table of Contents SECTION A. NOTICE INVITING SEALED BIDS ...... 1
SECTION B. INSTRUCTION TO BIDDERS ...... 4 B-1. Introduction ...... 4 B-2. Local Conditions ...... 4 B-3. Form of Bid and Signature ...... 5 B-4. Submission of Bids ...... 6 B-5. Preparation of Bid ...... 6 B-6. Bid Security ...... 6 B-7. List of Subcontractors ...... 7 B-8. Interpretation of Contract Documents ...... 7 B-9. Modification of Bids ...... 7 B-10. Withdrawals of Bids ...... 8 B-11. Discrepancies ...... 8 B-12. Servicing and Maintenance ...... 8 B-13. Disqualification of Bidders ...... 8 B-14. Award of Contract (Agreement) ...... 8 B-15. Contract Bonds...... 9 B-16. Substitution of Securities for Monies Withheld ...... 10 B-17. Execution of Contract ...... 10 B-18. Return of Bid Securities ...... 10 B-19. Power of Attorney ...... 10 B-20. Time of Completion and Liquidated Damages ...... 10 B-21. Licensing Requirements for Contractors ...... 11 B-22. Escrow of Bid Documents ...... 11 B-23. Preconstruction Conference ...... 11
SECTION C. BIDDER’S PROPOSAL ...... 12 BID SCHEDULE ...... 15 BID BOND ...... 17 NON-COLLUSION AFFIDAVIT ...... 18 EXPERIENCE/QUALIFICATIONS STATEMENT ...... 19 DESIGNATION OF SUBCONTRACTORS ...... 21 PUBLIC CONTRACT CODE ...... 22
SECTION D. SPECIAL PROVISIONS ...... 24 1. TERMS AND DEFINITIONS ...... 24 2. INCORPORATION OF STANDARD DOCUMENTS BY REFERENCE ...... 24 3. WELL AND PUMP INFORMATION ...... 24 4. PROJECT DESCRIPTION ...... 25 5. PROJECT CONTACT ...... 25 6. EXAMINATION AND INVESTIGATION BY CONTRACTOR ...... 25 7. AREA FOR CONTRACTOR’S USE ...... 25 8. HOURS OF CONSTRUCTION ...... 26 9. CONSTRUCTION SCHEDULE ...... 26 10. SUBMITTALS ...... 27 11. NOTIFICATIONS BY CONTRACTOR ...... 29 12. SITE SANITATION REQUIREMENTS ...... 31 13. PREVAILING WAGE REQUIREMENTS ...... 31 14. WATER WELL STANDARDS ...... 32
SECTION E. EXPLANATION OF BID ITEMS ...... 33 1. Bid Item No. 1 & 10 — Mobilization and Demobilization: ...... 33 2. Bid Item No. 2 & 11 — Pump Test ...... 33 3. Bid Item No. 3 & 12 — Pull Pump and Motor: ...... 33 4. Bid Item No. 4 & 13 — Video Survey: ...... 34 5. Bid Item No. 5 & 14 — Wire Brushing: ...... 34 6. Bid Item No. 6 & 15 — Replace Pump Shaft and Column: ...... 34 7. Bid Item No. 7 & 16— Install Additional Pump Shaft and Column: ...... 34 8. Bid Item No. 8 & 17 — Replace Pump Bowls: ...... 35 9. Bid Item No. 18 — Replace Foot Valve: ...... 35 10. Bid Item No. 9 & 19 — Re-Install Pump and Motor: ...... 35
SECTION F. SAMPLE CONTRACT AGREEMENT ...... 36 SECTION 1. RECITALS ...... 36 SECTION 2. INCORPORATION OF DOCUMENTS ...... 36 SECTION 3. SCOPE OF WORK ...... 36 SECTION 4. PERIOD OF PERFORMANCE AND LIQUIDATED DAMAGES...... 37 SECTION 5. STANDARD OF PERFORMANCE ...... 37 SECTION 6. CONTROL AND PAYMENT OF SUBORDINATES; CONTRACTUAL RELATIONSHIP ...... 37 SECTION 7. CITY’S BASIC OBLIGATION ...... 38 SECTION 8. COMPENSATION AND PAYMENT ...... 38 SECTION 9. CONTRACT RETENTIONS ...... 38 SECTION 10. OTHER RETENTIONS...... 38 SECTION 11. SUBSTITUTIONS FOR CONTRACT RETENTIONS ...... 39 SECTION 12. PAYMENT TO SUBCONTRACTORS ...... 39 SECTION 13. TITLE TO WORK ...... 39 SECTION 14. DISPUTE RESOLUTION ...... 40 SECTION 15. TERMINATION ...... 40 SECTION 16. COMPLETION OF WORK ...... 40 SECTION 17. CITY’S REPRESENTATIVE ...... 40 SECTION 18. CONTRACTOR’S REPRESENTATIVE ...... 40 SECTION 19. CONTRACT INTERPRETATION ...... 41 SECTION 20. LOSS AND DAMAGE...... 41 SECTION 21. INDEMNIFICATION...... 41 SECTION 22. INSURANCE ...... 42 SECTION 23. BONDS ...... 45 SECTION 24. SAFETY ...... 46 SECTION 25. WARRANTY ...... 47 SECTION 26. LAWS AND REGULATIONS ...... 47 SECTION 27. PERMITS AND LICENSES ...... 48 SECTION 28. TRENCHING WORK ...... 48 SECTION 29. HAZARDOUS MATERIALS AND DIFFERING CONDITIONS ...... 48 SECTION 30. UNDERGROUND UTILITY FACILTIES ...... 48 SECTION 31. PREVAILING WAGES ...... 48 SECTION 32. APPRENTICEABLE CRAFTS ...... 49 SECTION 33. HOURS OF WORK ...... 49 SECTION 34. PAYROLL RECORDS ...... 49 SECTION 35. CONTRACTOR’S LABOR CERTIFICATION ...... 49 SECTION 36. LABOR AND MATERIAL RELEASES ...... 49 SECTION 37. EQUAL OPPORTUNITY EMPLOYMENT ...... 49 SECTION 38. ANTI-TRUST CLAIMS ...... 49 SECTION 39. NOTICES ...... 50 SECTION 40. ENTIRE CONTRACT; MODIFICATION ...... 50 SECTION 41. TIME IS OF THE ESSENCE ...... 50 SECTION 42. ASSIGNMENT FORBIDDEN ...... 50 SECTION 43. GOVERNING LAW ...... 50 SECTION 44. COUNTERPARTS ...... 51 SECTION 45. SUCCESSORS ...... 51 SECTION 46. ATTORNEYS’ FEES ...... 51 SECTION 47. CLAIMS OF $375,000 OR LESS ...... 51 SECTION 48. PROHIBITED INTERESTS ...... 51 SECTION 49. CERTIFICATION OF LICENSE ...... 52 EXHIBIT "A" PLANS AND SPECIFICATIONS ...... 94 EXHIBIT "B" BID PROPOSAL ...... 95 EXHIBIT "C" CERTIFICATION LABOR CODE-SECTION 1861 ...... 96 EXHIBIT “D” CONTRACT MODIFICATIONS ...... 99
FAITHFUL PERFORMANCE BOND ...... 100
PAYMENT BOND ...... 102
APPENDIX A. WELL VICINITY MAPS ...... 104
APPENDIX B. WELL COMPLETION REPORTS ...... 105
APPENDIX C. PUMP TEST REPORTS ...... 106
SECTION A. NOTICE INVITING SEALED BIDS
NOTICE IS HEREBY GIVEN that sealed bids will be received at the office of the City Clerk, located at 130 S Second Street, Chowchilla, California, 93610 until 2:00 P.M. local time on March 1, 2018 for furnishing all labor, material, tax, transportation, equipment, and services necessary for the: Rehabilitation of Well No. 5A and 11 Bids will be received at the office of the City Clerk, City of Chowchilla until 2:00 P.M., on said March 6, 2018, at which time and place the bids will be publicly opened and read aloud. Bids shall be prepared in strict conformance with the Instructions to Bidders. Any bids received after the time specified shall be returned unopened.
A-1. Description of Work The proposed work shall be performed in accordance with the plans, specifications and other contract documents and shall consist of the following:
Pre-rehabilitation pump test and video survey, wire brushing and airlifting or bailing of fill material, replacement of deteriorated pump column and shaft (as determined by City Engineer), installation of additional pump column and shaft to lower pump setting, replacement of pump bowls, post- rehabilitation pump test and video survey, and all associated labor and materials.
A-2. Obtaining Contract Documents Plans, specifications and other contract documents may be obtained from the City Engineer’s Office at 2985 N. Burl Avenue, Suite 101, Fresno, CA 93727 or from the ebidboard website (www.ebidboard.com) and/or the Central California Builder’s Exchange (www.cencalbx.com). Interested bidders must register with the City Engineer’s Office to be placed on the Planholder List.
A-3. Submission of Bids All bids must be submitted no later than the time prescribed. The bidder is wholly responsible to see that the bid is submitted at the time and place designated for the opening of bids. Any bid received after the time and date specified shall not be considered and shall be returned unopened. Any bid may be withdrawn prior to the scheduled time for opening bids.
Each bid must conform and be responsive to this notice and shall be made on the official proposal forms furnished with the contract documents.
Hand delivered bids on the day of the bid opening shall be made to the City Clerk at the address set forth above. Mailed bids must be received by the City prior to the hour and date of the bid opening and shall be addressed to the City Clerk at the address set forth above.
- 1 - Attention is directed to the provisions of Business and Professions Code section 7028.15, which makes it a misdemeanor for any person without a valid contractor’s license (with specific exceptions) to submit a bid to act as a Contractor to a public agency.
A-4. Bid Guarantee Each bid must be sealed and accompanied by cash, a cashier’s check, certified check or bid bond, executed on the prescribed form, in an amount not less than ten (10) percent of the total bid price payable to the City of Chowchilla.
The cash, cashier’s check, certified check or bid bond shall be given as a guarantee that the successful bidder will enter into a written contract within ten (10) days after being requested to do so and will be considered as the stipulated amount of liquidated damages in the event the bidder is unable to or refuses to execute a contract for the work. Upon an award to the successful bidder, the security of unsuccessful bidders shall be returned in a reasonable period of time.
Bidders are hereby notified that in accordance with the provisions of Public Contracts Code section 22300, securities may be substituted for any monies, which the City may withhold pursuant to the terms of this Contract to ensure performance.
If the bidder elects to provide a bid bond, the bond shall be furnished by a company that is authorized and licensed by the Insurance Commissioner as an “admitted surety insurer.”
A-5. Contractor’s License The successful bidder must possess a current Class C57 Contractor’s License issued by the State of California to cover all of the work to be performed under this project.
Effective April 1, 2015, Contractors and subcontractors bidding and performing work on public works project must register on an annual basis with Department of Industrial Relations (DIR).
A-6. Award The award shall be made to the lowest responsible bidder submitting the lowest responsive bid. The award of Contract will be made by the City Council. The Contractor shall execute the Contract within ten (10) days after he has received the Contract from the City.
The City reserves the right to waive any irregularity in the proposals. No bid may be withdrawn for a period of sixty (60) days after the opening of bids.
A-7. Rejection of Bids The City reserves the right to reject any and all bids. Any bid not conforming to the intent and purpose of the Contract documents may be rejected. The City reserves the right to make all awards in the best interest of the City.
- 2 -
A-8. Disqualification of Bidder If there is a reason to believe that collusion exists among any bidders, none of the bids of the participants in such collusion will be considered and the City may likewise elect to reject all bids received.
A-9. Relief of Bidder Attention is directed to the provisions of Public Contracts Code section 5101 and following, concerning relief of bidders and in particular to the requirements therein that if the bidder claims a mistake was made in his bid, the bidder shall give the City written notice, within five (5) calendar days after the opening of bids of the alleged mistake, specifying in the notice, in detail, how the mistake occurred.
A-10. Bonds The successful bidder will be required to furnish, prior to the performance of any work hereunder, a payment bond in an amount equal to one hundred percent (100.0%) of the Contract price, and a faithful performance bond in an amount equal to one hundred percent (100.0%) of the Contract price. The bonds must be approved by the City. Each bond must be furnished by a company, acceptable to the City, that is authorized and licensed by the Insurance Commissioner as an "admitted surety insurer" and which maintains at least one officer in California for conducting business. Prior to such approval, the Surety shall provide the City with at least one of the following: (1) a print-out of information from the web-site of the Department of Insurance confirming the Surety is an admitted surety insurer and attaching it to the bond; or (2) a certificate from the Riverside County Clerk that the certificate of authority of the Surety has not been surrendered, revoked, cancelled, annulled or suspended and confirming that the Surety is an admitted surety and attaching the certificate to the bond. (See Cal. Code Civ. Proc. Code § 995.311).
CITY OF CHOWCHILLA, CALIFORNIA
Date: By: Jason Rogers Public Works Director
SECTION B. INSTRUCTION TO BIDDERS
B-1. Introduction
Each bid shall be in accordance with the Contract Documents. The Invitation to Bid will specify whether Contract Documents are available on a purchase or deposit basis. Where payment for such sets is specified, no refund will be made.
B-2. Local Conditions
The quantities of work or material stated in the unit price items of the Bidding Schedule are given only as a basis for the comparison of Bids, and the City does not represent or warrant that the actual amount of work or material will correspond therewith, but reserves the right to increase or decrease the quantity of any unit price item of the work as may be deemed necessary or expedient by the City Engineer or designated representative.
The Bidder shall examine carefully the site of the work contemplated and the Contract Documents. The submission of a proposal shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be performed and the materials to be furnished, and as to the requirements of the Contract Documents.
Where the City Engineer has made investigations of surface and subsurface conditions in areas where work is to be performed under the Agreement, or in other areas, some of which may constitute possible local material sources, such investigations were made only for the purpose of study and design. Where such investigations have been made, bidders or Contractor may, upon written request, inspect the records of the City Engineer as to such investigations subject to and upon the conditions hereinafter set forth. Such inspection of records may be made at the office of the City Engineer.
The records of such investigations are not a part of the Agreement and are made available for inspection solely for the convenience of the bidder or Contractor. It is expressly understood and agreed by bidder or Contractor that neither the City nor the City Engineer assumes any responsibility whatsoever with respect to the sufficiency or accuracy of the investigations thus made, the records thereof, or of the interpretation set forth therein or made by the City Engineer in its use thereof and there is no representation, warranty or guarantee, either express or implied, that the conditions indicated by such investigations or records thereof are correct or representative of those existing throughout such areas or any part thereof, or that unanticipated developments may not occur or that materials other than, or in proportions different from, those indicated may not be encountered.
When a log of test borings showing a record of the data obtained by the City Engineer’s investigation of the subsurface conditions is included with the drawings, it is expressly understood and agreed by bidder that the log of test borings does not constitute a part of the Agreement, represents only the opinion of the City Engineer as to the character of the materials encountered in the test borings, is included with the plans only for the convenience of bidders and its use is subject to all of the conditions and limitations set forth in this Section. Water levels
- 4 - that may be shown on a log of test borings are valid only for the stated date of observation. The water level may change from season to season and from year to year.
The availability or use of information described in this Section or the special conditions is not to be construed in any way as a waiver of the provisions of this Section and a bidder or Contractor is cautioned to make such an investigation and examination as it deems necessary to satisfy itself as to conditions to be encountered in the performance of the work and, with respect to possible local material sources, the quality and quantity of material available from such property and the type and extent of processing that may be required in order to produce material conforming to the requirements of the Specifications.
No information derived from such inspection of records of investigations or compilations thereof made by the City Engineer or its assistants will in any way relieve the bidder or Contractor from any risk or from properly fulfilling the terms of the Agreement.
Information derived from inspection of topographic maps, or from Plans showing location of utilities and structures will not in any way relieve the Contractor from any risk, or from properly examining the site and making such additional investigations as it may elect, or from properly fulfilling all the terms of the Agreement.
Each bidder shall inform itself of, and the bidder awarded an Agreement, shall comply with, Federal, State and Local laws, relative to the execution of the work. This requirement includes, but is not limited to, applicable laws and regulations concerning employment of labor, protection of public and employee safety and health, environmental protection, the protection of natural resources, fire protection, burning and non-burning requirements, permits, fees, and similar subjects.
B-3. Form of Bid and Signature
Bids shall be submitted only on the forms attached hereto and shall be enclosed in a sealed envelope and marked and addressed as hereinafter directed. The Bidder shall state in figures the unit prices or the specific sums as the case may be, for which it proposes to supply the labor, materials, supplies or machinery, and perform the work required by the Specifications. If the Bid is made by an individual, it shall be signed by the individual and the individual’s full name and address shall be given; if it is made by a partnership, it shall be signed with the co-partnership name by a member of the partnership, who shall also sign the member’s own name, and the name and address of each member of such partnership shall be given; and, if it is made by a corporation, the name of the corporation shall be given and it shall be signed by its duly authorized officer or officers attested by the corporate seal, the name and titles of all officers of the corporation shall be given, and the address of the corporation and the state in which incorporated shall be stated.
Bids will be considered only from persons licensed as required under applicable provisions of the Contractors License Law (California Business and Professions Code section 7000, et seq.) and regulations adopted pursuant thereto; and each bidder shall insert his type of contractor’s license, license number, and other requested information in the place provided in the bid. No oral, telephonic or telegraphic Bid or modification of a Bid will be considered.
- 5 - B-4. Submission of Bids
All Bids must be submitted no later than the time prescribed, at the place and in the manner set forth in the Invitation to Bid. Bids must be made on the prescribed Bid forms. A complete Bid requires submission of fully completed contract documents. Each Bid must be submitted in a sealed envelope addressed to the City Clerk and designated as a Bid bearing the name of the bidder and name of the project. The bidder is wholly responsible to see that its Bid is submitted at the time and place named for the opening of bids.
Bids shall include all addenda or clarifications issued during the bidding period acknowledged by the bidder’s signature thereon. Failure to so include or acknowledge an addendum or clarification will result in the Bid being rejected as not responsive.
Bids shall be opened at the time and place specified in the Invitation to Bid, unless changed by addendum.
B-5. Preparation of Bid
Blank spaces in the Bid shall be properly completed. The phraseology of the Bid must not be changed and no additions shall be made to the items mentioned therein. Unauthorized conditions, limitations or provisions attached to a Bid will render it unresponsive and will cause its rejection. If erasures, interlineations or other changes appear on the form, each erasure, interlineation or change must be initialed by the person signing the Bid. Alternative bids will not be considered unless specifically provided for in the Bidding Schedule. No Bid received after the time fixed, or received at any place other than the place stated in the Invitation to Bid will be considered. All bids will be opened and read publicly. Bidders, their representatives and other interested parties are invited to be present at the opening. Where bonds are required, the bidder shall name in its Bid the surety or sureties who have agreed to furnish said bonds.
B-6. Bid Security
All Bids shall be accompanied by a Bid Security. Such Bid Security shall include cash, cashier’s or certified check made payable to the City or a Bid Bond executed by an admitted surety insurer. The Bid Security must be enclosed in the same envelope with the Bid. The amount of the Bid Security shall be not less than ten percent (10%) of the total amount of the Bid.
The Attorney-in-Fact (resident agent) who executes the Bid Bond on behalf of the surety company must attach a copy of his Power of Attorney as evidence of his authority. A notary shall acknowledge the power as of the date of execution of the surety bond which it covers.
Bid Bonds must be provided on the Bid Bond form set forth in Section C, Bid Proposal. The Bid Bond must be furnished by a company, acceptable to the City, that is authorized and licensed by the Insurance Commissioner as an “admitted surety insurer” and that maintains at least one office in California for conducting business.
- 6 - B-7. List of Subcontractors
(a) Each bidder shall set forth in his Bid on the form provided the following information in accordance with the provisions of Public Contract Code sections 4100-4113:
(1) The name, location of the place of business, and contract license number of each Subcontractor who will perform work or labor or render service to the prime Contractor in or about the construction of the work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the prime Contractor, specifically fabricates and installs a portion of the work or improvement according to the Contract Documents, in any amount in excess of one-half of one percent (0.5%) of the prime Contractor’s total Bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of one percent (0.5%) of the Contractor’s total bid or ten thousand dollars ($10,000), whichever is greater.
(2) The portion of the work which will be done by each such Subcontractor, only one Subcontractor shall be listed for each such portion of the work as defined in the Bid.
(3) The bidder is considered the prime contractor and shall perform at least fifty- one percent (51.0%) of the work, as determined by a percentage of the value of the work.
(b) If the bidder fails to specify a Subcontractor for any portion of the work to be performed under the Contract pursuant to Section B-7(a) above, the bidder agrees to perform that portion of the work itself.
B-8. Interpretation of Contract Documents
Any explanation desired by the bidders regarding the meaning or interpretation of any of the Contract Documents must be requested in writing, with sufficient allowance of time for receipt of reply before the time set for opening of Bids. Any such explanations or interpretations will be made in the form of addenda to the documents and will be furnished to all bidders who shall submit all addenda with their Bids. Neither the City Engineer nor any representative of the City is authorized to give oral explanations or interpretations of Contract Documents, and a submission of a Bid constitutes agreement by the bidder that it has placed no reliance on any such oral explanation or interpretation. However, the City Engineer may, upon inquiry by bidder, orally direct the bidder’s attention to specific provisions of the Contract Documents which cover the subject of the inquiry.
B-9. Modification of Bids
A bidder may modify its Bid by written communication provided such communication is received by the City prior to the closing time for receipt of Bids. The written communication should not reveal the Bid price but should state the addition or subtraction or other modification so that the final prices or terms will not be known by the City until the sealed bid is opened.
- 7 - B-10. Withdrawals of Bids
Bids may be withdrawn without prejudice by written requests received from bidder prior to the time for opening of Bids, and Bids so withdrawn will be returned to bidders unopened when reached in the process of opening Bids. No bid may be withdrawn after the hour affixed for opening Bids without rendering the accompanying Bid Security subject to retention as liquidated damages in like manner as in the case of failure to execute the Agreement after award, as in the Contract Documents herein provided. Negligence on the part of the bidder preparing his bid shall not constitute a right to withdraw the Bid subsequent to the opening of Bids. The bonds must be approved by the City. Prior to such approval, the Surety shall provide the documentation required by California Code of Civil Procedure section 995.660.
B-11. Discrepancies
In the case of discrepancy between unit prices and totals, unit prices will prevail. In case of discrepancy between words and figures, words will prevail.
B-12. Servicing and Maintenance
Each bidder must, if requested, furnish evidence that there is an efficient service organization which regularly carries a stock of repair parts for the proposed equipment to be furnished and installed in the work and that the organization is conveniently located for prompt service.
B-13. Disqualification of Bidders
More than one Bid from an individual, firm, partnership or corporation under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership or corporation is interested in more than one Bid for the work contemplated may cause the rejection of all Bids in which the individual, firm, partnership or corporation is interested. If there is reason for believing that collusion exists among the bidders, any or all Bids may be rejected. Bids in which the price is obviously unbalanced may be rejected.
All bidders are put on notice that any collusive agreement fixing the prices to be bid so as to control or affect the awarding of this Contract is in violation of the competitive bidding requirements of the Public Contract Code and may render void any Contract let under such circumstances.
B-14. Award of Contract (Agreement)
The City reserves the right to accept or reject any and all Bids for a period of sixty (60) days after the date of opening, and to waive any informality or irregularity in any Bid. No Bid can be withdrawn during that period.
The City reserves the right to reject any or all Bids, including, without limitation, the right to reject any non-conforming, non-responsive, unbalanced, or conditional bids.
Before a Bid is considered for award, the City may, in addition to the Experience Qualifications form set forth in Section C, below, require a bidder to submit a statement of facts and detail as to
- 8 - his business, technical organization and financial resources and equipment available and to be used in performing the work. Additionally, the City may require evidence that the bidder has performed other work of comparable magnitude and type. The City expressly reserves the right to reject any Bid if it determines that the business and technical organization, equipment, financial and other resources or other experience of the bidder (including the bidder’s Subcontractors) is not sufficiently qualified for the work bid upon and, therefore, justifies such rejection.
The award of the Contract, if it is awarded, will be to the responsible bidder submitting the lowest responsive bid. Within seven (7) days after the date of bid opening, the responsible bidder with the lowest, responsive bid shall deliver to the City, in a form acceptable to the City, a complete cost breakdown for the project herein bid.
The issuance by the City of a notice to the successful bidder of the award of the Contract (“Notice of Award”) shall be deemed the Award of Contract.
B-15. Contract Bonds
The successful bidder shall furnish both a Performance Bond and a Payment Bond in the amounts specified in the forms attached hereto.
These Bonds shall be furnished in the forms enclosed following the Contract and shall be satisfactory to the City and shall be obtained from a responsible corporate surety (or sureties) acceptable to the City, which is licensed by the State of California to act as surety upon bonds and undertakings and which maintains in this State at least one office for the conduct of its business. The surety (or sureties) shall furnish reports as to its financial condition from time to time as requested by the City. The premiums for said Bonds shall be paid by the successful bidder.
These Bonds shall be furnished by companies who are authorized and licensed by the Insurance Commissioner as an “admitted surety insurer.” The surety shall provide the City with the documentation required by Section 995.660 of the California Code of Civil Procedure.
If any surety becomes unacceptable to the City or fails to furnish reports as to its financial condition as requested by the City, the Contractor shall promptly furnish such additional security as may be required from time to time to protect the interests of the City and of persons supplying labor or materials in the prosecution of the work contemplated by this Contract.
In the event of any conflict between the terms of the Contract and the terms of the Bonds, the terms of the Contract shall control and the Bonds shall be deemed to be amended thereby. Without limiting the foregoing, the City shall be entitled to exercise all rights granted to it by the Contract in the event of default, without control thereof by the surety, provided that the City gives the surety notice of such default at the time or before the exercise of any such right by the City, and, regardless of the terms of said Bonds, the exercise of any such right by the City shall in no manner affect the liability of the surety under said Bonds.
- 9 - B-16. Substitution of Securities for Monies Withheld
Bidders are hereby notified that in accordance with the provisions of Public Contract Code section 22300, securities may be substituted for any monies which the City may withhold pursuant to the terms of the Contract to insure performance.
B-17. Execution of Contract
The successful bidder will be notified in writing by the City of the award of the Contract within sixty (60) days after opening of Bids. Accompanying the City’s Notice of Award will be the Contract, in triplicate, which the successful bidder will be required to execute and return, together with the Performance and Payment Bonds, and the required certificates and policies of insurance together with the required endorsements thereto (or equivalent) for the Contractor and the workers’ compensation certificate (see Section 22-C of the Agreement or Exhibit “C”), to the City within ten (10) days following receipt of such Notice of Award. Failure to do so shall be just cause for annulment of the award and for forfeiture of the Bid Bond which shall be retained as liquidated damages, and it is agreed that the bond sum is a fair estimate of the amount of damages that the City will sustain by reason of such failure. The City will promptly determine whether such Contract, Bonds and insurance are as required by the Contract Documents, and upon such determination will forward a fully executed copy of the Contract and a Notice to Proceed with the work to the successful bidder. Signature by both parties constitutes execution of the Contract. In the event of failure of the lowest responsible bidder to sign and return the Contract with acceptable Bonds and insurance as prescribed herein, the City may award the Contract to the next lowest responsible bidder, and, in the event that bidder fails to sign and return the Contract with acceptable Bonds and insurance, the City may award the Contract to the then next lowest responsible bidder, etc.
B-18. Return of Bid Securities
All Bid Securities will be held until the Contract has been finally executed, after which all Bid Securities, other than any Securities which have been forfeited, will be returned to the respective bidders.
B-19. Power of Attorney
The Attorney-in-Fact (resident agent) who executes the Performance Bond and Payment Bond on behalf of the surety company must attach a copy of his Power of Attorney as evidence of his authority. A notary shall acknowledge the power as of the date of the execution of the surety bond which it covers.
B-20. Time of Completion and Liquidated Damages
The Contractor shall begin work after the contract has been approved by the City Attorney and only after written notice to proceed with work has been issued by the City. The Contractor shall then have ten (10) calendar days after receipt of written notice to proceed to begin work. The counting of contract days will begin ten (10) calendar days from the time the Contractor receives the Notice to Proceed or when Contractor starts work, whichever comes first.
- 10 - The time of completion of the work to be performed hereunder is the essence of this Contract. Delays and extensions of time may be allowed in accordance with the provisions of the Agreement for Construction Services.
This work shall be diligently prosecuted before the expiration of twenty (20) working days. Working days will be based on the Caltrans five (5) working day calendar.
The Contractor shall pay to the City of Chowchilla the sum of $1,000 per day, for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above.
B-21. Licensing Requirements for Contractors
All bidders, including general contractors and specialty contractors, shall hold such licenses as may be required by the laws of the State of California for the performance of the work specified in the Contract Documents.
Effective April 1, 2015, Contractors and subcontractors bidding and performing work on public works project must register on an annual basis with Department of Industrial Relations (DIR). A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
B-22. Escrow of Bid Documents
Upon award of the job to the successful bidder, and at the time of execution of this Contract, Contractor shall present all documentation used by the successful bidder in arriving at the bid upon which the Contract was awarded (“Bid Documentation”) to the City Engineer’s office. Such documentation shall be presented in a sealed envelope or box. Notice to Proceed will not be granted until City receives notice that such documentation has been received. This Bid Documentation shall include, but not be limited to any documents, pictures, or writings which relate to, arise out of, or constitute in any way notes, memoranda, phone logs, subcontractor and materialmen estimates, computations, or the like used by, complied by, or drafted by the successful bidder or its agents in arriving at its bid for the Project.
B-23. Preconstruction Conference
A preconstruction conference will be convened after the Contractor has delivered the necessary bonds, insurance certificates and signed agreement in proper form as required in the invitation to bid, bid proposal and general conditions of these specifications. Prior to any work, the Contractor shall provide the City Engineer with a list of key personnel assigned to the project and the telephone numbers where they may be reached at any time. The list shall be made available in sufficient copies and presented at the preconstruction conference.
- 11 - SECTION C. BIDDER’S PROPOSAL
BIDDER SHALL SUBMIT ALL FORMS UNDER SECTION C. BIDDER’S PROPOSAL AS PART OF THE BID. FAILURE TO DO SO WILL RESULT IN A NON-RESPONSIVE BID.
For the: Rehabilitation of Well No. 5A and 11
From:
NAME OF BIDDER
BUSINESS P.O. BOX
CITY, STATE, ZIP
BUSINESS STREET ADDRESS (Please include even if P.O. Box used)
CITY, STATE, ZIP
TELEPHONE NO: AREA CODE ( )
DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) No.
Proposal To: The Honorable Mayor and City Council
City of Chowchilla
Chowchilla, California
The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans, Specifications, Special Provisions, and other contract documents, together with all Addenda issued by the City of Chowchilla, read the Instructions to Bidders, and is familiar with all proposal requirements, and hereby proposed and agrees, if the proposal is accepted, to complete the said construction in accordance with the Contract Documents, in the time stated herein, for the unit price or lump sum given on the following pages of this proposal.
Said amount to include and cover all taxes, the furnishing of all materials, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and
- 12 - other means of construction; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications or the drawings for the work.
If the contract is awarded, the undersigned agrees to enter into a contract with the City of Chowchilla and to commence work within ten (10) calendar days from the date of issuance of the Notice to Proceed and to diligently prosecute the work to completion before the expiration of Twenty (20) Working Days
All bids are to be computed on the basis of the given Estimated Quantities of Work, as indicated in this proposal, times the unit prices as submitted by the bidders. In case of discrepancy between words and figures, the words shall prevail. In case of discrepancy between unit prices and the extension thereof, the unit price shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals, given solely as a basis for comparison of bids. It is understood that the City does not expressly, nor by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any item or portion of the work or to omit portions of the work as may be deemed expedient by the City Engineer.
It is also understood by Bidder that the City of Chowchilla has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated. If the proposal is rejected, then any check or cashier's check shall be returned to the undersigned within thirty (30) days. No bid bonds will be returned. If the proposal is accepted and the undersigned fails to enter into a contract within fifteen (15) days after the agreement is delivered to him for signature, or within such further time as may be granted by the Members of the City Council, then said check shall be cashed or said bond declared forfeit and an amount equal to the difference between the lowest bid and the next lowest bid who will execute a contract shall be paid into the treasury of the City of City of Chowchilla as liquidated damages for the failure of the undersigned to comply with the terms of this proposal.
Accompanying this proposal is (Insert "$ cash," cashier's check, certified check or bidder's bond forms included in these Contract Documents, as the case may be), in an amount equal to at least ten percent (10%) of the total bid.
The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work is awarded to the undersigned:
......
- 13 - NOTICE - If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co-partnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full.
Licensed in accordance with an act providing for the registration of contractors:
License No. Classification(s) . (C57 Classification Required)
ADDENDA - This Proposal is submitted with respect to the changes to the contract included in addenda number/s: (Fill in addenda numbers if addenda have been received and insert, in this Proposal, any Engineer's Estimate sheets that were received as part of the addenda.)
By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). By my signature on this proposal I further certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Noncollusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106 are true and correct.
Date:
Sign
Here
Signature and Title of Bidder Signatures shall be notarized
Business Address
Place of Business
Place of Residence
- 14 - BID SCHEDULE The following quantities are approximate only and are given for the purpose of comparing proposals. The City does not expressly or by implication agree that the actual amount of work will correspond with quantities given herein, but reserves the right to increase, decrease, or delete the amount of any class or portion as deemed necessary or advisable by the City Engineer. Payment will be based upon the actual quantities installed or constructed, unless otherwise specified.
BID SCHEDULE NO. 1 – REHABILITATION OF WELL NO. 5A
Item Est. Description Units Unit Price Total Price No. Quantity
1 Mobilization and Demobilization LS Lump Sum $ $ (Not to Exceed 5% of Total Bid Schedule No. 1)
2 Pump Test EA 2 $ $
3 Pull Pump and Motor LS Lump Sum $ $
4 Video Survey EA 2 $ $
5 Wire Brushing LS Lump Sum $ $
6 Replace Pump Shaft and Column LF 180 $ $
7 Install Additional Pump Shaft and LF 100 $ $ Column
8 Replace Pump Bowls LS Lump Sum $ $
9 Re-install Pump and Motor LS Lump Sum $ $
TOTAL BID SCHEDULE NO.1 =
- 15 - BID SCHEDULE NO. 2 – REHABILITATION OF WELL NO. 11
Item Est. Description Units Unit Price Total Price No. Quantity
10 Mobilization and Demobilization LS Lump Sum $ $ (Not to Exceed 5% of Total Bid Schedule No. 2)
11 Pump Test EA 2 $ $
12 Pull Pump and Motor LS Lump Sum $ $
13 Video Survey EA 2 $ $
14 Wire Brushing LS Lump Sum $ $
15 Replace Pump Shaft and Column LF 250 $ $
16 Install Additional Pump Shaft and LF 50 $ $ Column
17 Replace Pump Bowls LS Lump Sum $ $
18 Replace Foot Valve LS Lump Sum $ $
19 Re-install Pump and Motor LS Lump Sum $ $
TOTAL BID SCHEDULE NO.2 =
Total Bid Amount (Schedule No. 1 plus Schedule No. 2)
$ Words Figures
- 16 - BID BOND
We, as Principal, and as Surety are bound unto the City of , State of California, hereafter referred to as "Obligee", in the penal sum of ten percent (10%) of the total amount of the bid of the Principal submitted to the Obligee for the work described below, for the payment of which sum we bind ourselves, jointly and severally,
THE CONDITION OF THIS OBLIGATION IS SUCH, THAT:
WHEREAS, the Principal is submitted to the Obligee, for
(Copy here the exact description of work, including location as it appears on the proposal) for which bids are to be opened at on (Insert place where bids will be opened) (Insert date of bid opening)
NOW, THEREFORE, if the Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form, in conformance with the bid, and files two bonds with the Obligee, one to guarantee faithful performance of the contract and the other to guarantee payment for labor and materials as provided by law, then this obligation shall be null and void; otherwise, it shall remain in full force.
In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the court.
Dated: , 2018
Principal
Surety By Attorney-in-fact All Signatures above needs to be NOTARIZED and submitted with Bid Bond
CERTIFICATE OF ACKNOWLEDGEMENT
State of California City/County of SS
On this day of in the year 20 before me , personally appeared , Attorney-in-fact who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
(SEAL)
Notary Public
- 17 - NON-COLLUSION AFFIDAVIT To the CITY OF CHOWCHILLA
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
- 18 - EXPERIENCE/QUALIFICATIONS STATEMENT The bidder has been engaged in the contracting business, under the present business name for years. Experience in work of a nature similar to that covered in the proposal extends over a period of years.
The bidder, as a Contractor, has never failed to satisfactorily complete a Contract awarded to him, except as follows:
The following contracts have been satisfactorily completed in the last three (3) years for the persons, firm or authority indicated, and to whom reference is made:
Year Type of Work Contract Amount Owner/Agency for Whom Work was Performed
The following is a list of plant and equipment owned by the bidder, which is definitely available for use on the proposed work as required.
Quantity Name, Type and Capacity Condition Location
- 19 - DESIGNATION OF SUBCONTRACTORS The Bidder shall list the name, address and license number of each subcontractor to whom the Bidder proposes to subcontract portions of the work. It is understood and agreed that all those portions of the work called for in the contract documents for which a sub-contractor is not listed will be performed by the undersigned through his forces. If no sub-contractors are listed, all bonds and insurance will be written in the name of the general contractor only.
Subcontractor Name: Address: License No. and Class: DIR No. Dollar Value and Percent of Total Contract: Specific Items of Work:
Subcontractor Name: Address: License No. and Class: DIR No. Dollar Value and Percent of Total Contract: Specific Items of Work:
Subcontractor Name: Address: License No. and Class: DIR No. Dollar Value and Percent of Total Contract: Specific Items of Work:
- 21 - PUBLIC CONTRACT CODE
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has____, has not _____been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section
1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the
University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.
Note: The bidder must place a checkmark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes No
If the answer is yes, explain the circumstances in the following space.
- 22 - PUBLIC CONTRACT CODE 10232 STATEMENT
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the
Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.
Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
- 23 - SECTION D. SPECIAL PROVISIONS
1. TERMS AND DEFINITIONS
Whenever in the contract documents where the following terms or pronouns in place of them are used, the intent and meaning shall be interpreted as follows:
Standard Specifications: The Standard Specifications of the City of Chowchilla.
Standard Details: The Standard Details of the City of Chowchilla. The Standard Details are part of the Standard Specifications.
State Standard Specifications: The Standard Specifications of the Department of Transportation of the State of California (Caltrans), latest edition.
State Standard Plans: The Standard Plans of the Department of Transportation of the State of California (Caltrans), latest edition.
2. INCORPORATION OF STANDARD DOCUMENTS BY REFERENCE
The “Standard Specifications” of the City of Chowchilla and any addenda thereto, altogether hereinafter referred to as the “Standard Specifications”, is hereby referenced herewith in its entirety and included as an integral part of these Specifications and Plans. Copies of the “Standard Specifications” may be obtained from the City of Chowchilla, Public Works Department, 130 South Second Street, Chowchilla, California, 93610.
3. WELL AND PUMP INFORMATION
The information in the following table is provided for reference for Well No. 5A and Well No. 11.
Description Well No. 5A Well No. 11 Well Data Depth 795 ft. 614 ft. Casing Diameter 16” 20” 1st Perforation/Screen Interval 475-495 ft. 310-324 ft. 2nd Perforation/Screen Interval 720-775 ft. 338-365 ft. 3rd Perforation/Screen Interval N/A 458-470 ft. 4th Perforation/Screen Interval N/A 580-610 ft.
Pump Data Pump Setting Depth 360 ft. 500 ft. # of Stages Unknown 8 Column Diameter 10” 8” Shaft 1 ½” S.S. 1 ½” S.S.
The Well Completion Reports for each well area provided for reference in Appendix B. In addition, the last pump tests performed are included in Appendix C for reference.
- 24 - 4. PROJECT DESCRIPTION
The work to be performed under this contract includes, but is not limited to:
1. Perform pre-rehabilitation pump test to determine flow rate, static and pumping water levels and specific capacity. 2. Pull pump and motor. 3. Perform pre-rehabilitation video survey of the well. 4. Wire brush casing to remove buildup/deposits on perforations/screens. City Engineer will make determination of necessity and extent of this task based on review of video survey. 5. Air lift or foreign/fill material from wire brushing operations. 6. Inspect existing pump shaft and column and replace as directed by the City Engineer. 7. Install additional pump shaft and column to lower pump setting. 8. Inspect existing pump bowls and replace as directed by the City Engineer. Install additional stages/bowls to meet duty conditions provided in Explanation of Bid Items at best efficiency. 9. Replace foot valve (Well No. 11) 10. Perform post-rehabilitation video survey of the well. 11. Re-install pump and motor. 12. Perform post-rehabilitation pump test to determine flow rate, static and pumping water levels, and specific capacity. 13. Clean up well site.
5. PROJECT CONTACT
Contract City Engineer Jerry Jones (559) 244-3123
6. EXAMINATION AND INVESTIGATION BY CONTRACTOR
Prior to submitting a bid, the Contractors shall examine all documents relating to this project and visit the job site to ascertain the nature of the work and the character of the job site. The Contractors shall become familiar with the contractual requirements, project limitations, various aspects of the work, the physical conditions and the surroundings of the job site.
The Contractors shall include in their bids a sum sufficient to cover the costs of doing the work under the existing site conditions and project requirements. By submitting a bid for the project, the Contractor declares that he or she has thoroughly investigated the job site and examined all related project documents and is familiar and satisfied with the nature, character and condition of the project site, contractual requirements, project limitations and the various aspects of this project. The City will not consider any claims for compensation whatsoever on account of the Contractors’ failure to fully investigate and examine the project requirements and job site conditions as required above.
7. AREA FOR CONTRACTOR’S USE
The Contractor shall have access to each well site for purposes of completing the work. The locations of the well sites are included in Appendix A. The Contractor shall use the area for the purposes that are necessary to perform the required work. The Contractor shall not occupy, or allow others to occupy, the project areas for purposes that are not necessary to perform the required work.
- 25 - Temporary storage of equipment and materials may be at each well site, but at no time shall such storage impede necessary operations of the Public Works Department. Contractor shall coordinate storage with the Public Works Department. Use of the well sites for temporary storage of equipment and materials shall be at the Contractor’s own risk, and the City shall not be liable for any damage to or loss of equipment or materials stored within such areas.
Full compensation for conforming to the requirements in this section shall be considered as included in the contract prices paid for various items of work, and no additional compensation will be made therefore.
8. HOURS OF CONSTRUCTION
The Contractor shall only work on weekdays, from 7:30 a.m. to 4:00 p.m., excluding holidays, unless an exception is granted by the City Engineer to work at other times. If an exception is granted, the cost of overtime for City inspection will be charged to the Contractor.
9. CONSTRUCTION SCHEDULE
At the time of the preconstruction meeting, the Contractor shall furnish to the City Engineer for review and approval, five (5) copies of a proposed work schedule (CPM-type) covering all phases of the operations and the estimated dates of starting and completing each. The approved progress schedule shall be adhered to throughout the contract.
The schedule shall represent a practical plan to complete the work within the contract time. A schedule extending beyond the time allowed by the contract will not be acceptable.
The Contractor agrees that if the proposed construction schedule is less than the time allowed by the contract, the contract completion time may be shortened to equal the Contractor’s schedule duration by a change order at no cost to the City, provided that the City is in agreement with the proposed schedule.
Alternatively, if the Contractor’s proposed construction schedule is less than the time allowed by the contract, the City may consider the Contractor’s proposed schedule to have float. This float is the differential between the schedule completion date and the contract completion date. Float is not specifically for the benefit of either the City or the Contractor. It is a resource available to both parties. The schedule shall be understood to be the Contractor’s representation that the schedule meets the requirements of the contract documents and that the work will be executed in the sequence indicated in the schedule.
The schedule shall clearly show the sequence and interdependence of construction activities and shall list specifically the start and completion of each major item of work, their components and interim milestone completion dates. Any changes to the sequence of operations shall be approved by the City Engineer prior to starting the new schedule.
The schedule shall:
A. Be in sufficient detail to assure adequate planning and execution of the work activities which should generally range in duration from one (1) to fifteen (15) working days each.
- 26 - a. The activities shall include: i. Description of work. ii. Workday duration. iii. Responsibility code to identify the performer of the activity. Use one (1) code for each activity.
b. The network shall show continuous flow, from left to right.
B. Be suitable, in the judgment of the City Engineer, to allow monitoring and evaluation of progress in the performance of the work.
C. Identify days per week and shifts per day worked.
D. Include time for the City to review submittals and inspect the work.
E. Identify the activities that constitute the controlling operations or critical path.
If the Contractor is behind schedule of any interim milestone on the current updated CPM schedule, including all granted time extensions, the Contractor shall submit, within three (3) working days, a revised schedule showing a workable plan to complete the project on time. The City Engineer may withhold future progress payments until the Contractor submits a revised and acceptable schedule.
Scheduling of change or extra work orders is the responsibility of the Contractor. The Contractor shall revise the schedule drawing to incorporate all activities involved in completing the change or extra work order and submit it to the City Engineer for review.
Full compensation for conforming to the requirements in this section, including the cost of preparing and revising the construction schedule, shall be included in the contract prices paid for various items of work, and no additional compensation will be made therefore.
10. SUBMITTALS
A. GENERAL
Upon execution of the contract, the Contractor shall submit, to the City for review and approval, a submittal schedule (a list of items and scheduled submittal dates) of items that are specified or reasonably required for the construction, operation and maintenance of the finished work.
The submittal schedule shall, at a minimum, include:
a. Shop drawings, calculations, mix designs, reports, literature, catalog cuts, brochures, material samples, manuals, conditions of manufacturer’s warranties and guaranties, and/or other documents that are specified or reasonably required for the construction, operation and maintenance of the work. Where applicable, include description of each item and name of manufacturer, supplier, author, trade name, model number and applicable section of the specifications. - 27 -
b. Intended submission/resubmission date(s).
c. Order release date.
d. Lead-time to delivery/anticipated delivery date(s).
e. Highlight any items that require expedited review to meet the project schedule.
These schedules are to be presented in a computerized format that is readily reproducible.
A submittal is not required for products, equipment or method of construction if it is completely specified.
To avoid disrupting the progress of the work or delaying the project’s completion date, the Contractor shall plan the submittal schedule carefully to allow time for City’s review and potential resubmittals.
The need for more than one (1) resubmission of an item shall not entitle the Contractor to extension of the contract time unless delay of the work is directly caused by a change in the work authorized by a change order or by the City’s failure to review a submittal within the submittal review period set forth herein.
The City’s review and approval of Contractor’s submittals will cover only general conformity to the drawings, specifications, external appearance and dimensions. The City’s review and approval of the submittals shall not relieve the Contractor from responsibility for errors, omissions or the Contractor’s responsibility for compliance with the contract documents.
After a submittal is approved, the item provided for the work shall match the descriptions in the approved submittal or sample. An item that deviates from the approved submittal or sample will be rejected without exception.
B. SUBMITTALPROCEDURE
The submittal procedure shall be as follows:
a. The Contractor shall submit submittals and other documents electronically unless otherwise agreed to by the City.
b. Submittals shall accurately represent the materials, parts, equipment or methods specified or required. If the Contractor intends to provide an item that deviates from the specifications, plans, details and/or other requirements of the contract documents, the Contractor certifies to having thoroughly investigated the deviation and all its ramifications to all aspects of the project. The Contractor shall not use the deviated product or start the deviated work until the City Engineer has approved the deviation.
c. Submittals shall be numbered sequentially, each with its own unique number. Resubmittals shall have their original submittal numbers followed by an alphabetic suffix (A, B, C, etc.) to indicate the sequence of the resubmittal.
- 28 -
d. When catalog pages are submitted, intended items shall be clearly identified.
e. The quantity of the material samples and maintenance manuals to be submitted shall be as specified.
f. Each submittal is to be complete, concise, presented in a neat, orderly and timely manner in accordance with the Contractor’s submittal schedule.
g. The City’s submittal review will be fifteen (15) working days starting on the day the City receives the submittal or resubmittal.
h. When a submittal is returned marked “REVISE AND RESUBMIT” or “REJECTED, SEE REMARKS,” the correction shall be made as noted thereon and as instructed by the City.
i. When corrected copies are resubmitted, the Contractor shall highlight or otherwise direct specific attention to all revisions and shall list separately those revisions made other than those called for by the City on previous submittals.
j. It is the preference of the City that all submittals shall be transmitted electronically to Jerry Jones, Contract City Engineer, at [email protected].
k. If mailed, all submittals, including the submittal schedule, shall be transmitted, each with its own cover letter, to the City and shall be addressed to:
Jerry Jones, Contract City Engineer 2985 N. Burl Avenue, Suite 101 Fresno, CA 93727
C. PAYMENT All costs for the preparation, correction and delivery of the submittals shall be considered included in various items of work requiring submittals, and no other compensation will be made therefore.
11. NOTIFICATIONS BY CONTRACTOR
The Contractor’s attention is directed to Sections 4-19, “Care of Existing Structures,” and 7- 14, “Coordination Between Contractors,” of the Standard Provisions and these Special Provisions.
A. The Contractor shall notify the Public Works Director at least two (2) working days prior to commencing work under this contract.
B. In areas where public parking will be impacted by the Contractor’s work, the Contractor shall provide and post “TEMPORARY NO PARKING” signs forty-eight (48) hours in advance of the work. The signs shall indicate the times and dates that the parking restrictions are to be in effect. The Contractor shall provide a sample of the signs to the City Engineer for approval prior to posting them. Upon posting the “TEMPORARY NO
- 29 - PARKING” signs, the Contractor shall notify the Public Works Director at 559-665-8615 ext. 300 of the sign-posting locations and the duration of the parking restrictions.
C. The Contractor shall provide advance written notice to property owners/residents of the impending work and the temporary no-parking restrictions seven (7) to fourteen (14) days prior to working in the areas. The notice shall describe the nature of the work, the location and duration of the parking prohibition, and who to call if they have questions during construction. The Contractor shall provide a sample of the notice to the City Engineer for approval prior to distribution.
D. Businesses within the project areas will continue to operate throughout the construction period. The Contractor shall provide advance written notice to business owners of the impending work and the temporary no-parking restrictions seven (7) to fourteen (14) days prior to working in the areas. The notice shall describe the nature of the work, the location and duration of the parking prohibition, and who to call if they have questions during construction. The notice shall be approved by the City Engineer prior to distribution.
E. If the parking prohibition schedule changes after the notification, the Contractor shall provide a new notice of the revised schedule at least forty-eight (48) hours in advance of construction. The Contractor will not be awarded extra working days due to delay caused by inadequate notice to business owners, property owners or residents.
F. The Contractor shall keep the Public Works Director at 559-665-8615, informed daily regarding excavations, barricades, road closure and detours. In addition, the Contractor shall give to the City Emergency Communications Center and the Construction Section of the Public Works Department an emergency phone number with the name of the Contractor’s representative whom the City can contact in an emergency.
G. Contractor shall notify all public or private utility owners a minimum of forty-eight (48) hours prior to commencement of work near the utility. Notification may include, but is not limited to:
1. Underground Service Alert (USA) Telephone: (800) 227-2600
2. Pacific Gas and Electric Company Telephone: (559) 268-2868
3. AT&T Telephone: (559) 237-1014
4. Comcast Telephone: (559) 201-0004
5. The City of Chowchilla Public Works Dept. Telephone: (559) 665-8615
- 30 - It shall be the Contractor’s responsibility to coordinate the Contractor’s work schedule to facilitate the work of these agencies. There will be no payment for time delays due to the relocation of any utility company’s facilities. However, a contract extension may be granted, as provided in Sections 8-03 and 8-07 of the Standard Specifications, in the instance that certain work cannot proceed because utility company facilities have not been relocated, removed or modified, and City orders that work be suspended.
Full compensation for conforming to the requirements in this section, including the cost of notifying utility owners, business owners, property owners and residents, shall be included in the contract prices paid for various items of work, and no additional compensation will be made therefore.
12. SITE SANITATION REQUIREMENTS
The Contractor shall provide lockable, portable sanitary facilities adequate for all workers. The type of toilets used, their maintenance and location are subject to approval by the City and inspection by the County Health Department. Hand- washing facilities shall be provided with the toilet facilities.
In general, portable sanitary facilities shall be stationed at safe distances away from any storm drain inlets or manholes and the Contractor shall provide sufficient safeguards to prevent any discharge of waste from the portable sanitary facilities into the storm drain system. In the event of such a discharge, the Contractor shall, at the Contractor’s own expense, clean up the storm drain system to the satisfaction of the City Engineer.
Full compensation for conforming to the requirements in this section shall be considered as included in the payments for various other items of work requiring site sanitation, and no other compensation will be made therefore.
13. PREVAILING WAGE REQUIREMENTS
The City of Chowchilla requires contractors to pay prevailing wages to the contractors’ employees working on City’s capital improvement projects and the Contractor shall pay the latest general prevailing rate of per-diem wages to the various workers constructing this project. A copy of the latest prevailing rate of per-diem wages is on file in the Chowchilla Public Works Department and is available for reference to any interested party. The Contractor shall post, at the job site, a copy of the Department of Industrial Relations’ latest determination of the prevailing rate of per-diem wages.
For failure to pay the prevailing wages, the Contractor shall forfeit to the City, as a penalty, Fifty Dollars ($50) for each calendar day, or a portion thereof, for each worker who is paid less than the stipulated prevailing wage in violation of the requirements of the Labor Code and, in particular, Labor Code Sections 1770 to 1780 inclusive. In addition to the Fifty Dollar ($50) penalty, the Contractor shall pay to each worker the difference between the prevailing wage and the amount paid to the worker for each calendar day for which the worker was paid less than the prevailing wage.
- 31 - 14. WATER WELL STANDARDS
All work on this project shall comply with the Water Well Standards: State of California as outlined by the Department of Water Resources in Bulletins 74-81, December 1981 and Bulletin 74-90, June 1991. Any deviation from these standards requires approval from the City and the State of California Water Resources Control Board, Division of Drinking Water.
- 32 - SECTION E. EXPLANATION OF BID ITEMS
1. Bid Item No. 1 & 10 — Mobilization and Demobilization:
This item shall be bid, measured and paid on a per-lump-sum basis. Payment shall include full compensation for furnishing all labor, materials, tools and equipment, temporary facilities, movement onto the sites, sanitation facilities, cost of bonds, insurances for both the prime and subcontractors, removal of temporary facilities at the completion of projects, and all other related mobilization and demobilization costs. Mobilization and Demobilization bid price shall not exceed five percent (5%) of the total bid for each bid schedule.
Payment shall be made as follows:
1. Fifty percent (50%) of the mobilization bid price, less retention, will be paid on the initial billing, provided that all equipment is on-site and bond insurance fees paid.
2. Forty percent (40%) of the mobilization bid price, less retention, will be paid on a prorated basis during the remaining life of the contract.
3. Ten percent (10%) of the mobilization bid price, plus any remaining amount left from the prorated payments, less retention, will be paid upon satisfactory completion of punch list items, cleaning up and removal of all temporary facilities and equipment from the project sites.
2. Bid Item No. 2 & 11 — Pump Test
This item shall be bid, measured and paid on a per-each basis. Payment shall constitute the full compensation for all labor, materials, tools and equipment required to conduct a pump test as directed by the City Engineer. A pre-rehabilitation and post-rehabilitation pump test shall be performed at the discretion of the City Engineer.
The Contractor shall perform the pump test while the pump is connected to the City water system or suitable discharge location is coordinated with the City. Flows shall be regulated and metered as needed, including through the installation of additional metering devices or valving if necessary. The Contractor shall determine standing water level, maximum flow rate, pumping water level, recovered water level, and specific capacity. All data shall be submitted to the City. Previous pump tests performed for the wells are provided in Appendix C for reference to data desired.
3. Bid Item No. 3 & 12 — Pull Pump and Motor:
This item shall be bid, measured and paid on a per-lump-sum basis. Payment shall constitute the full compensation for all labor, materials, tools and equipment required to disassemble and pull the motor and pump as directed by the City Engineer.
- 33 - 4. Bid Item No. 4 & 13 — Video Survey:
This item shall be bid, measured and paid on a per-each basis. Payment shall include full compensation for furnishing all labor, materials, tools and equipment to perform and provide a video survey of the well as directed by the City Engineer. A pre-rehabilitation and post- rehabilitation video survey shall be performed at the discretion of the City Engineer.
5. Bid Item No. 5 & 14 — Wire Brushing:
This item shall be bid, measured and paid on a per-lump-sum basis. Payment shall include full compensation for furnishing all labor, materials, tools and equipment to perform wire brushing of well and removal and disposal of sediment/fill material as directed by the City Engineer. The City Engineer shall make the determination of whether or not, or to what extent, wire brushing is to be conducted based upon review of the pre-rehabilitation video survey. If the City Engineer deems that no wire brushing is required, this bid item will be eliminated with no compensation to Contractor.
The Contractor shall wire brush the well for a period of not less than 15 minutes per 20 foot interval. The wires should maintain a touch fit to the inside diameter and be capable of rotating while being raised and lowered. After brushing is complete the Contractor shall remove all fill material from the bottom of the well by airlifting or bailing. The waste material shall be disposed of by the Contractor in accordance with current Environmental Regulations. The Well Completion Reports are provided in Appendix B for reference to casing size and material, as well as perforated/screened intervals.
Alternate – The Contractor may employ another suitable method to clean the well upon the approval of the City Engineer. Contractor must request approval during the bidding period.
6. Bid Item No. 6 & 15 — Replace Pump Shaft and Column: This item shall be bid, measured and paid on a per-linear-foot basis. Payment shall include full compensation for furnishing all labor, materials, tools and equipment to replace deteriorated or damaged portions (or in whole) of the existing pump column, shaft, and/or other components (shaft couplers, retainers, etc.) in accordance with these specifications and as directed by the City Engineer. After the pump has been pulled, the Contractor shall inspect the column, shaft, and associated components to determine the condition and make recommendations regarding re- use or replacement. The City Engineer will determine the extent of replacement, if any, based on review of the Contractor’s findings. The City Engineer shall be notified of the time of inspection for attendance if desired. Replacement materials shall be equal or exceed the original, new condition, type and quality of the existing materials. For bidding purposes, it was assumed that 50% of the column and shaft for each well will be replaced. Actual quantity will be based on amount installed.
7. Bid Item No. 7 & 16 — Install Additional Pump Shaft and Column:
This item shall be bid, measured and paid on a per-linear-foot basis. Payment shall include full
- 34 - compensation for furnishing all labor, materials, tools and equipment to install additional pump column, shaft, and other components (shaft couplers, retainers, etc.) to lower the pump setting in accordance with these specifications and as directed by the City Engineer. All materials shall be equal to or exceed the original, new condition, type and quality of the existing materials.
8. Bid Item No. 8 & 17 — Replace Pump Bowls:
This item shall be bid, measured and paid on a per-lump-sum basis. Payment shall include full compensation for furnishing all labor, materials, tools, equipment to replace the existing pump bowls, as directed by the City Engineer. Based on the results of the pre-rehabilitation pump test, the Contractor shall coordinate with the City Engineer to determine the appropriate duty conditions and selection of the new pump bowls. If possible, utilization of the existing bowls with the addition of stages is preferred. Pump bowls shall be Weir Floway, Goulds or approved equal. For bidding purposes, Contractor shall use the following duty conditions for sizing:
Description Well No. 5A Well No. 11 Design Flow 1,150 GPM 1,200 GPM TDH 486 ft. 481 ft. Proposed Pump Setting 460 ft. 550 ft.
9. Bid Item No. 18 — Replace Foot Valve:
This item shall be bid and paid on a per-lump-sum basis. Payment shall include full compensation for furnishing all labor, materials, tools and equipment to replace/install foot valve, and doing all necessary work, and all incidentals, complete in place, in accordance with these specifications and as directed by the City Engineer. New foot valve shall be of a manufacturer and model equal to or of higher quality than existing, as approved by the City Engineer.
10. Bid Item No. 9 & 19 — Re-Install Pump and Motor:
This item shall be bid, measured and paid on a per-lump-sum basis. Payment shall include full compensation for furnishing all labor, materials, tools and equipment to reassemble and reinstall well pump and motor, and doing all necessary work, and all incidentals, complete in place, as directed by the City Engineer. Pump shall be disinfected per direction of City of Chowchilla Water Dept. Staff prior to being re-installed.
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SECTION F. SAMPLE CONTRACT AGREEMENT BETWEEN THE CITY OF CHOWCHILLA AND
This Agreement for Construction Services (“Agreement”), is made and entered into this day of , 20, by and between the City of Chowchilla, a California general municipal corporation organized under the laws of the State of California with its principal place of business at 130 S Second Street, Chowchilla, California (“City”) and , a California (partnership, limited partnership, corporation, etc.) (“Contractor”).
SECTION 1. RECITALS
A. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.
B. Contractor is a professional contractor, experienced in providing pavement rehabilitation and overlay services and is familiar with the plans of the City.
C. City desires to engage Contractor to construct public improvements associated with the Project #XXX-XXXX(XXX) as set forth herein
D. Contractor has obtained, and delivers concurrently herewith, [INSERT APPLICABLE PERFORMANCE BOND, PAYMENT BOND, INSURANCE DOCUMENTS AND OTHER CERTIFICATIONS] as required by the Contract.
SECTION 2. INCORPORATION OF DOCUMENTS
This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto: BID DOCUMENTS FOR REHABILITATION OF WELL NO. 5A AND 11.
SECTION 3. SCOPE OF WORK
A. Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the Owner all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project #XXX-XXXX(XXX), including all structures and facilities necessary for the Project or described in the Contract (hereinafter the "Work" or "Project"), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in the Exhibits attached hereto and incorporated herein by this reference. Special conditions, if any,
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relating to the Work are described in the Exhibits attached hereto and incorporated herein by this reference.
B. Change in Scope of Work Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City.
SECTION 4. PERIOD OF PERFORMANCE AND LIQUIDATED DAMAGES Contractor shall perform and complete all Work under this Contract within twenty (20) working days, beginning the effective date of the Notice to Proceed ("Contract Time"). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Since it is impractical and infeasible to determine the amount of actual damage, it is agreed that the Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of $1,000.00 per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.
SECTION 5. STANDARD OF PERFORMANCE Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and its subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, and that such licenses and approvals shall be maintained throughout the term of this Contract. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed on the Work.
SECTION 6. CONTROL AND PAYMENT OF SUBORDINATES; CONTRACTUAL RELATIONSHIP City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance.
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SECTION 7. CITY’S BASIC OBLIGATION City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by the Contractor of the services and obligations required by this Contract, the above referenced compensation in accordance with compensation provisions set forth in the Contract.
SECTION 8. COMPENSATION AND PAYMENT
A. Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of [INSERT DOLLARS] Dollars and [INSERT CENTS] Cents ($ ) ("Total Contract Price") provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.
B. Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor monthly as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.
City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. No progress payments will be made for Work not completed in accordance with this Contract.
SECTION 9. CONTRACT RETENTIONS From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retainage shall be released and paid to the Contractor and subcontractors pursuant to California Public Contract Code Section 7107.
SECTION 10. OTHER RETENTIONS In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor's obligations under the Contract which Contractor has failed to perform or has
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performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of the Contractor to maintain or submit on a timely basis, proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by the Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.
SECTION 11. SUBSTITUTIONS FOR CONTRACT RETENTIONS In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to the Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term "satisfactory completion of the contract" shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.
SECTION 12. PAYMENT TO SUBCONTRACTORS Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 10262 of the California Public Contract Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.
SECTION 13. TITLE TO WORK As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, and free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.
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SECTION 14. DISPUTE RESOLUTION Any separate demand by Contractor for the payment of money or damages shall be resolved in accordance with Public Contract Code Sections 20104 et seq., if applicable.
SECTION 15. TERMINATION This Contract may be terminated by City at any time by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to the Contractor in the amount necessary to offset City's resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause.
In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.
SECTION 16. COMPLETION OF WORK When the Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.
SECTION 17. CITY’S REPRESENTATIVE The City hereby designates the City Engineer, or his or her designee, to act as its representative for the performance of this Contract ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee.
SECTION 18. CONTRACTOR’S REPRESENTATIVE Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City ("Contractor's Representative"). Following approval by the City, the Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Contract. The Contractor's Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all
- 40 - portions of the Work under this Contract. Contractor's Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor's Representative, Contractor shall provide the information specified above and obtain the City's written approval.
SECTION 19. CONTRACT INTERPRETATION Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City's Representative, whose decision shall be binding upon Contractor.
SECTION 20. LOSS AND DAMAGE Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. However, Contractor shall be responsible for damage proximately caused by Acts of God, within the meaning of Section 4150 of the Government Code, only to the extent of five percent (5%) of the Total Contract Price as specified herein. In the event of damage proximately caused by "Acts of God," the City may terminate this Contract upon three (3) days advanced written notice.
SECTION 21. INDEMNIFICATION
A. Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers.
B. General Indemnification. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in - 41 - the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others are required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section.
SECTION 22. INSURANCE Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds in excess of the limits and coverage required in this Agreement and which are applicable to a given loss, will be available to the City. Contractor shall provide the following types and amounts of insurance:
A. Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate.
B. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor’s employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person.
C. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease.
D. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop-down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as
- 42 - required herein. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Best rating of A or better and a minimum financial size VII.
E. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor:
(1) Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contractor also agrees to require all contractors, and subcontractors to do so likewise.
(2) No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Consultant’s employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
(3) All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
(4) None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved in writing.
(5) No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or any contractor or subcontractor.
(6) All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.
(7) Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option.
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(8) Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate.
(9) It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City.
(10) Contractor agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
(11) Contractor agrees not to self-insure or to use any self-insured retention’s or deductibles on any portion of the insurance required herein except as disclosed to and approved by the City and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this Agreement to self-insure its obligations to City. City expressly approves maintenance by the Contractor of a $100,000 deductible on its current Professional Liability insurance policy.
(12) The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City.
(13) For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
(14) Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
(15) Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.
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(16) Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.
(17). The provisions of any workers’ compensation or similar act will not limit the obligations of Contractor under this Agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.
(18) Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.
(19) These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such.
(20). The requirements in this Section supersede all other sections and provisions of this Agreement, except Exhibit “D” “Modifications to Contract Documents”, to the extent that any other section or provision conflicts with or impairs the provisions of this Section.
(21) Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
(22) Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
SECTION 23. BONDS
A. Performance Bond. If specifically requested by City in the Bidding Documents, attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to- exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
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B. Payment Bond. If required by law or otherwise specifically requested by City in the Bidding Documents, attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
C. Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
D. Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
SECTION 24. SAFETY Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and life saving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the
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vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.
SECTION 25. WARRANTY Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) Days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at his sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor's obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the City may require verifying that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non- conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
SECTION 26. LAWS AND REGULATIONS Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If the Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, the Contractor shall be solely responsible for all costs arising there from. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the
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indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
SECTION 27. PERMITS AND LICENSES Contractor shall be responsible for securing, at its own expense, and paying for all permits and licenses necessary to perform the Work described herein.
SECTION 28. TRENCHING WORK If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the Labor Code, including Section 6705. To this end, Contractor shall submit for City's review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
SECTION 29. HAZARDOUS MATERIALS AND DIFFERING CONDITIONS As required by Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.
SECTION 30. UNDERGROUND UTILITY FACILTIES To the extent required by Section 4215 of the Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.
SECTION 31. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), the Davis-Bacon Act of 1931 and 23 USC 113, which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with such Prevailing Wage Laws.
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SECTION 32. APPRENTICEABLE CRAFTS When Contractor employs workmen in an apprenticed craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticed occupations shall be with Contractor.
SECTION 33. HOURS OF WORK Contractor is advised that eight (8) hours labor constitutes a legal day's work. Pursuant to Section 1813 of the Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.
SECTION 34. PAYROLL RECORDS In accordance with the requirements of Labor Code Section 1776, Contractor shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the same information required by such forms. Responsibility for compliance with Labor Code Section 1776 shall rest solely with Contractor, and Contractor shall make all such records available for inspection at all reasonable hours.
SECTION 35. CONTRACTOR’S LABOR CERTIFICATION By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit "C” and incorporated herein by reference, shall be executed simultaneously with this Contract.
SECTION 36. LABOR AND MATERIAL RELEASES Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the work governed by this Contract prior to final payment by City.
SECTION 37. EQUAL OPPORTUNITY EMPLOYMENT Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the state or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
SECTION 38. ANTI-TRUST CLAIMS This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, the Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the
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Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to the Contractor, without further acknowledgment by the parties.
SECTION 39. NOTICES All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
CITY CONTRACTOR
City of Chowchilla [INSERT NAME] 130 S Second Street [INSERT ADDRESS] Chowchilla, CA 93610 Attn: [INSERT NAME] Attn: Name
Any notice so given shall be considered received by the other party three (3) days after deposit in the U.S. Mail as stated above and addressed to the party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
SECTION 40. ENTIRE CONTRACT; MODIFICATION This Agreement, including the attached Exhibits “A” through “D”, the advertised bid documents, associated addendas, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreement or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of the agreement. No prior statements, representations or other agreements, whether oral or written, made by any parties which are not embodied herein shall be valid and binding. No amendment to this Agreement shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.
SECTION 41. TIME IS OF THE ESSENCE Time is of the essence in the performance of this Contract.
SECTION 42. ASSIGNMENT FORBIDDEN Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.
SECTION 43. GOVERNING LAW This Contract shall be governed by the laws of the State of California.
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SECTION 44. COUNTERPARTS This Contract may be executed in counterparts, each of which shall constitute an original.
SECTION 45. SUCCESSORS The parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.
SECTION 46. ATTORNEYS’ FEES If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such action shall be entitled to have and recover from the losing party reasonable attorneys' fees and all other costs of such action.
SECTION 47. CLAIMS OF $375,000 OR LESS Notwithstanding any other provision herein, claims of $375,000 or less shall be resolved pursuant to the alternative dispute resolution procedures set forth in Public Contracts Code 20104, et seq.
SECTION 48. PROHIBITED INTERESTS
A. Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.
B. Conflict of Interest. For the term of this Contract, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising there from.
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SECTION 49. CERTIFICATION OF LICENSE Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor's license of the classification indicated below under Contractor's signature.
IN WITNESS WHEREOF, each of the parties has caused this Contract to be executed on the day and year first above written.
CITY OF CHOWCHILLA INSERT CONTRACTOR’S NAME
By: By: Signature Signature
Name Name
Title Title
Attest: Attest:
City Clerk Secretary
Classification of Contractor’s License
Contractor’s License Number
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EXHIBIT "A" PLANS AND SPECIFICATIONS
The following plans and specifications are incorporated into this Contract herein by this reference:
The work for which this proposal is submitted is for construction in conformance with the project plans described below, including any addenda thereto, the contract annexed hereto, and also in conformance with the City of Chowchilla Standard Specifications and Details, California Department of Transportation Standard Specifications and Plans, latest edition, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.
The Plans and Specifications for the work are as follows:
• Bid Documents for Rehabilitation of Well No. 5A and 11
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EXHIBIT "B" BID PROPOSAL
The following Bid Proposal from (Contractor’s name) are incorporated into this Contract.
[INSERT BID PROPOSAL]
- 95 - EXHIBIT "C" CERTIFICATION LABOR CODE-SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700 et seq. of the
Labor Code which require every employer to be insured against liability for Worker's
Compensation or to undertake self-insurance in accordance with the provisions of the Code, and
I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.
[INSERT CONTRACTOR'S NAME]
By: [INSERT NAME] [INSERT TITLE]
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EXHIBIT “D” CONTRACT MODIFICATIONS
NONE
- 99 - FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, THE CITY OF CHOWCHILLA, hereinafter designated as the “City”, entered into a Contract dated , 20, with hereinafter designated as the “Contractor” for the work described as follows:
Project
WHEREAS, the said Contractor is required under terms of said Contract to furnish a bond for the faithful performance of said Contract;
WHEREAS, the Contract is by reference made a part hereof;
NOW, THEREFORE, we, the undersigned Contractor, as Principal, and (corporate surety), a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of dollars ($ ), lawful money of the United States, said sum being not less than one hundred (100) percent of the total Contract amount, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, if the above bounded Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said Contract and any alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.
As a condition precedent to the satisfactory completion of the said Contract, the above obligation in said amount shall hold good for a period of one (1) year after the completion and acceptance of the said work, during which time if the above bounded Contractor, his or its heirs, executors, administrators, successors or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the City from loss or damage made evident during said period of one year from the date of acceptance of said work, and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in the said sum shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Contractor remains.
- 100 - And the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including reasonable attorney’s fees to be fixed by the Court.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 .
Name of Surety Contractor
By:_ Title:
Mailing Address of Surety and
By:_ Telephone No. of Surety Title:
By:
Attorney in Fact
NOTE: If Contractor is Partnership, all parties must execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in California.
NOTICE: The signature of the Surety on this bond must be acknowledged before a notary public, and this bond must be accompanied by evidence of the signatory’s appointment as attorney in fact and authority to bind the Surety.
MANDATORY: The Surety shall be authorized and licensed by the California Insurance Commissioner as an “admitted surety insurer.” (See Cal. Code Civ. Proc. § § § 995.310, 995.311, 995.320)
APPROVAL: Bonds must be approved by the City. In order to verify the status of the Surety as an admitted surety, the Surety shall provide the City with at least one of the following: (1) a print-out of information from the web-site of the Department of Insurance confirming the Surety is an admitted surety insurer and attaching it to the bond; or (2) a certificate from the Riverside County Clerk that the certificate of authority of the Surety has not been surrendered, revoked, cancelled, annulled or suspended and confirming that the Surety is an admitted surety and attaching the certificate to the bond. (See Cal. Code Civ. Proc. Code § 995.311).
- 101 - PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, THE CITY OF CHOWCHILLA, hereinafter designated as the “City”, has awarded to , hereinafter designated as the “Contractor” a Contract for the work described as follows:
Project
WHEREAS, the Contractor is required by the Contract and by the provisions of Division Third, Part 4, Title 15, Chapter 7 of the Civil Code to furnish a bond in connection with the Contract, as hereinafter set forth.
NOW, THEREFORE, we, , the undersigned Contractor, as Principal, and , a corporation organized and existing under the laws of the State of duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the in the sum of dollars ($ ) said sum being not less than one hundred (100) percent of the total Contract amount payable by the city, under the terms of the Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, if the Contractor, his or its heirs, executors, administrators, successors and assigns or subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams, implements or machinery used in, upon, for or about the performance of the work contracted to be done, or shall fail to pay for any work or labor thereon of any kind, or shall fail to pay any persons named in Civil Code section 3181, or shall fail to pay for amounts due under the Unemployment Insurance Code with respect to such work or labor as required by the provisions of Division Third, Part 4, Title 15, Chapter 7 of the Civil Code, or shall fail to pay for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work or labor, and provided that the claimant shall have complied with the provisions of that Code, the Surety or Sureties hereon will pay for the same in amount not exceeding the sum specified in the Contract, otherwise the above obligation shall be void. In case suit is brought upon this bond, the Surety will pay all court costs, expenses and reasonable attorney’s fee to the prevailing party to be fixed by the court.
This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 3181 of the Civil Code, so as to give a right of action to them or to their assigns in any suit brought upon this bond.
And the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on
- 102 – this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contractor to the work or to the specifications.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 .
Name of Surety Contractor
By:_ Title:
Mailing Address of Surety and
By:_ Telephone No. of Surety Title:
By:
Attorney in Fact
NOTE: If Contractor is Partnership, all parties must execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in California.
NOTICE: The signature of the Surety on this bond must be acknowledged before a notary public, and this bond must be accompanied by evidence of the signatory’s appointment as attorney in fact and authority to bind the Surety.
MANDATORY: The Surety shall be authorized and licensed by the California Insurance Commissioner as an “admitted surety insurer.” (See Cal. Code Civ. Proc. § 995.311)
APPROVAL: Bonds must be approved by the City. In order to verify the status of the Surety as an admitted surety, the Surety shall provide the City with at least one of the following: (1) a print-out of information from the web-site of the Department of Insurance confirming the Surety is an admitted surety insurer and attaching it to the bond; or (2) a certificate from the Riverside County Clerk that the certificate of authority of the Surety has not been surrendered, revoked, cancelled, annulled or suspended and confirming that the Surety is an admitted surety and attaching the certificate to the bond. (See Cal. Code Civ. Proc. Code § 995.311).
- 103 – APPENDIX A. WELL VICINITY MAPS
- 104 – 14TH ST 15TH ST
COLUSA AVE
HOOVER AVE
COOLIDGE AVE
HARDING AVE
WILSON WAY RD 15 1/2 15 RD WASHINGTON DR
MARIPOSA AVE
ROOSEVELT DR Well #5A TRUMAN DR Site
GRANT DR
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Document Path: F:\2017\17-404\GIS\17-404_Exhibit_A_Well_5.mxd Path: Document Vicinity Map Well #5A Site Well No. 5A 0 100 200 O Feet DESERT SPRINGS ST
LAKESHORE DR
Well #11 Site
W GOLF DR Ã99 LA GU NA DR
Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community Document Path: F:\2017\17-404\GIS\17-404_Exhibit_C_Well_11.mxd Vicinity Map Well #11 Site Well No. 11 0 100 200 O Feet APPENDIX B. WELL COMPLETION REPORTS
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APPENDIX C. PUMP TEST REPORTS
- 106 –
Item 6.3
CLICK HERE TO RETURN TO THE AGENDA REPORT TO THE CITY COUNCIL Meeting of: February 13, 2018
AGENDA SECTION: New Business
SUBJECT: Consideration of Resolution # -18, Approving Job Description and Salary Scale for Transit Program Manager
PREPARED BY: Joann McClendon, City Clerk
ATTACHMENTS: Resolution, Job Description, Salary Scale
REVIEWED BY REVIEWED BY REVIEWED BY ADMINISTRATOR ☒ ATTORNEY ☒ FINANCE ☒
RECOMMENDATION: That the City Council adopts a resolution to establish the position of Transit Program Manager and salary scale.
BACKGROUND: For several years the City contracted with outside vendors for the services of a Transportation Planner Consultant and to provide the daily transit operations that were handled by two contracted positions. The Transportation Planner Consultant services contract was ended nearly a year ago. Last spring staff evaluated the option of continuing to contract for daily transit operations versus bringing the services in- house. Based on the analysis, staff proposed to the City Council that the community would be better served by moving the services in-house and assigning the required duties to the current Transit Coordinator. The proposal to do so was subsequently approved by the City Council.
Prior to bringing the transit operations in-house the City’s Transit Coordinator was already performing the duties of the former Transportation Planner Consultant that were already beyond the scope of her position that included such tasks as grants management, compliance and fiscal reporting oversight services. Upon bringing transit services in-house this past July the Transit Coordinator assumed the additional duties and responsibilities that were previously handled by two contracted vendor operations positions.
To accurately reflect the additional responsibilities of the transit management position added during the past year, staff has proposed to establish the position of Transit Program Manager that fully encompasses the current duties and assignments.
Past practice is for City job classifications to be added or updated per the evolving needs of the City. Staff has reviewed the existing job descriptions for transit operations and found no job description exists that accurately pertains to and describes the current responsibilities and job duties performed. Following research of other transit operations and positions around the state and in consultation with the employee, the job description being presented to Council accurately reflects the duties currently required.
This Transit Program Manager position’s primary job duties would be:
• Transit facility planning • Implement general marketing and transit public relations • Ensure compliance with transit ADA standards • Participate in the SSTAC and Unmet Public Transit Needs Process • Administration of FTA, Section 5311, 5339, TDA, CMAQ and other funding sources • Coordination and update of the City inter-agency transit and compliance contracts • Implementation of capital procurements • Identify and obtain new potential funding sources • Apply for federal, state and local transit funds • Prepared transit monthly, semi-annual and annual reports • Manage the transit budget • Produce staff reports • Management and performance evaluation of transit operations • Monitors fare-box recovery and reconciliation • Oversees daily transit operations • Supervision of full-time and part-time transit staff • Coordinates fleet maintenance • Ensure California Highway Patrol records compliance • Project planning
REASON FOR RECOMMENDATION: Following the elimination of all vendor contracts, all responsibilities and duties handled by those contracted positions have been assigned to the current Transit Coordinator. The Transit Coordinator has successfully absorbed these additional responsibilities and faithfully fulfills the duties as assigned. Staff believes it is in the best interest of the City to retain in-house management and operations of the City transit services and properly encompass all the responsibilities and duties into a single position. Therefore staff has proposed creating the new position of Transit Program Manager and upgrading the Transit Coordinator to this new position.
FISCAL IMPACT: The proposed resolution will not have a fiscal impact on the General Fund.
The Transit Manager position would bring an increase in expenses of roughly $22,000. This will be paid for in part by not having to pay for an outside consultant that was budgeted to cost $8,000. The remaining $14,000 will be covered by an increase in revenues from SB1 funds. The SB1 funds are a result of the new bill signed by Governor Brown that will be funded by the increase in registration fees and designed to improve streets and roads and transit operations. These SB 1 funds are allocated through the State Transit Assistance (STA) program and are specifically used for Transit. FY 17/18 is expected to see an increase of roughly $30,000 in STA funds from what was previously budgeted due to the new SB1 funds allocation and that increase is expected to continue as long as the SB 1 program is in place.
ALTERNATIVES: Contract with outside transit consultant for grants, compliance and fiscal reporting oversight, and hire a Transit Supervisor.
ACTIONS FOLLOWING APPROVAL: The Transit Program Manager position will be added to the allocated positions in the transit operations and the current Transit Coordinator will be upgraded to this new position. The Transit Coordinator classification will be deleted. COUNCIL RESOLUTION # -18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA AMENDING THE CITY OF CHOWCHILLA SALARY SCALE TO INCLUDE A NEW JOB CLASSIFICATION, TRANSIT PROGRAM MANAGER
WHEREAS, Section 37206 of the Government Code required City Council to prescribe the time and method of paying salaries and wages of employees of the City; and
WHEREAS, the Transit Division has analyzed the skills and capacities required to provide community transit services; and
WHEREAS, City staff has previously evaluated options of contracting various transit management and operations duties and responsibilities versus providing them with in-house personnel and provided recommendations to City Council; and
WHEREAS, the City of Chowchilla has previously utilized the services of a contracted Transportation Planner Consultant and that the contract has since been eliminated and the duties assigned to the Transit Coordinator; and
WHEREAS, the City of Chowchilla has previously utilized the services of a contracted transit operations provider and that the contract has since been eliminated and the duties assigned to the Transit Coordinator; and
WHEREAS, all transit services are now provided by in-house personnel with management oversight provided by the Transit Coordinator position; and
WHEREAS, the current level of responsibilities and duties of the Transit Coordinator substantially exceed the responsibilities and duties of the position as prescribed in the existing job description; and
WHEREAS, it has been determined that the necessary responsibilities and duties to best serve the immediate and long term needs of the City transit program are more accurately defined as a management level position, a Transit Program Manager; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds and determines the following:
1. The new classification, Transit Program Manager, will be created and added to the list of classifications 2. The old Transit Coordinator classification is deleted from the classifications list. 3. The new classification, Transit Program Manager, and salary scale attached and marked as Exhibit A are hereby added to the City’s current salary scale. 4. This resolution is effective immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 9th day of January, 2018 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN: APPROVED:
Dennis Haworth, Mayor ATTEST:
Joann McClendon, CMC City Clerk
Exhibit A
City of Chowchilla New Job Classification
Effective January 9, 2018
Current HOURLY CLASSIFICATION Grade A A + B B + C C + D D + E E + F F + G Transit Coordinator 32 $ 20.31 $ 20.81 $ 21.34 $ 21.87 $ 22.42 $ 22.98 $ 23.55 $ 24.14 $ 24.74 $ 25.36 $ 25.99
Proposed HOURLY CLASSIFICATION Grade A A + B B + C C + D D + E E + F F + G Transit Program Manager 50 $ 31.68 $ 32.47 $ 33.28 $ 34.12 $ 34.97 $ 35.84 $ 36.74 $ 37.66 $ 38.60 $ 39.56 $ 40.56
CITY OF CHOWCHILLA JOB DESCRIPTION
Dept. Administration/Transit Division Date: February 2018
Title: Transit Program Manager Supersedes: N/A
Job #: Total Pages: 3
SALARY RANGE: 50 ASSOCIATION: CMMCA
A. PURPOSE:
Under direction of Department Head for transit, plans, directs, and coordinates transit projects; identifies potential funding resources and administers grants; serves as a technical resource for assigned work personnel perform a variety of administrative and analytical duties in support of the City’s transit system; to monitor a variety of transit related contracts; and to provide staff assistance.
B. DISTINGUISHING CHARACTERISTICS:
The Transit Program Manager is a single class mid-management level position under the Department Head, responsible for managing Transit Division, this position has responsibility for the day-to-day administrative and analytical duties of the transit system overseeing and coordinating with technical staff in the design and construction of various Transit projects; oversees and leads technical staff, reviews, inspections and assists in the administration of contracts and services. The position is also responsible for the day-to-day transit operations and manages lower positions.
C. ESSENTIAL FUNCTIONS:
Supervisory Functions: A) Plans, assigns, and oversees the work of designated staff; provides training and work evaluations. Determines work procedures, prepares schedules, and expedites day to day operation of transit system. B) Studies and standardizes procedures to improve efficiency and effectiveness of operations. C) Issues written and oral instructions. D) Assigns and examines work for correctness, neatness, and conformance to policies and procedures. E) Assists subordinates in performing duties. F) Adjusts errors and handles complaints. G) Compiles periodic financial, statistical or operational reports as assigned for analyzing data in order to prepare recommendations for decision maker. H) Conducts research analysis and makes recommendations within the transit department.
D. ESSENTIAL RESPONSIBILITIES:
To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
General and Specialized Job Knowledge and Abilities:
A) Administers a variety of transit related contracts; review and monitor contractor compliance and performance by reviewing a variety of technical reports, conducting surveys and reviewing operations. B) Administers assigned facilities; coordinate necessary repairs and improvements to facilities and fleet. C) Schedules and assists with meetings. D) Ensure transit system compliance with local, State and Federal rules, regulations and laws; coordinate with outside firms conducting transit system audits. E) Prepare and administer a variety of transit related programs and grants; coordinate with outside agencies; monitor and document grant milestones; ensure proper posting of expenditures; submit required reports and documentation. F) Conduct research, analyze and recommend additions and revisions to fixed route bus stops and routes, schedules and hours of services; evaluate effectiveness of route schedule changes; establish bus routes for special events or programs. G) Conduct research and analysis on a variety of transit related issues and topics; document findings and justify recommendations. H) Collaborate on comprehensive outreach, marketing and promotional programs; manage any discount programs; collaborate in the preparation and review of a variety of marketing and outreach materials in various formats. I) Participate in budget preparation and administration; prepare cost estimates for budget recommendations; submit justifications for transit program costs; monitor and control expenditures. J) Answer questions and provide information to the public; investigate complaints and recommend corrective action as necessary to resolve complaints. K) Administers transit procurements and services; ensure compliance of procurements with local and Federal Procurement laws, regulations and best practices. L) Build and maintain positive working relationships with co-workers, other City employees and the public using principles of good customer service. M) Performs related duties as assigned.
Knowledge of:
A) Principles and practices of public transportation. B) Principles and practices of budget monitoring. C) Practices of facility management. D) Principles and practices of grant preparation and administration. E) Principles and practices of governmental procurement. F) Pertinent, Federal, State and local laws, codes and regulations. G) Modern office procedures, methods and computer equipment.
Ability to:
A) Train, evaluate and supervise staff. B) Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals. C) Interpret and explain pertinent City and department policies and procedures. D) Keep current with modern transit trends. E) Research and analyze program administration problems; make sound policy and procedural recommendations. F) Preparation and administration of grants. G) Communicate clearly and concisely, both orally and in writing. H) Establish and maintain effective working relationships with those contacted in the course of work.
E. PREREQUISITES:
A) Education and Experience: Equivalent to four (4) years of college with a degree in Business Administration, Public Administration or a closely related field. Experience may substitute for the education on a year-for-year basis. Four (4) years increasing responsible professional experience in transportation administration, planning, marketing, or other area which included responsibility for administrative and budgetary analysis.
B) Licenses: Possess and maintain a valid California Driver's License. Item 6.4
CLICK HERE TO RETURN TO THE AGENDA REPORT TO THE CITY COUNCIL Meeting of: February 13, 2018
AGENDA SECTION: New Business
SUBJECT: A Resolution Approving New City Standards for Pavement Undulations (Speed Humps)
PREPARED BY: Jason Rogers, Director of Public Works
ATTACHMENTS: Resolution, ST-25 Standard Drawing
REVIEWED BY REVIEWED BY REVIEWED BY ADMINISTRATOR ☒ ATTORNEY ☒ FINANCE ☒
RECOMMENDATION: Staff recommends that City Council adopt Standards ST-25 for the construction of pavement undulations (speed humps) via resolution.
BACKGROUND/SUMMARY: In October 2017, City staff received a request from concerned citizens to have speed humps installed on Circle Drive due to concerns of speeding in the area. Speed humps have been used as a traffic calming measure in some jurisdictions to provide a vertical change in the roadway intended to reduce the speed of vehicles traveling along that road, particularly around schools.
In January 2018, City Council approved a policy for assessing the installation of speed humps. The City currently does not have a standard drawing for construction of these undulations. As a result of Council approving the new policy, the City’s Engineer, Yamabe and Horn, has developed a standard to be used for areas with approval to install speed humps.
REASON FOR RECOMMENDATION: The City currently has no standard regarding the construction of speed humps. As a result, Yamabe and Horn has created the attached ST-25 Standard Pavement Undulation City standard. The standard has been designed to be in conformance with the California Manual on Uniform Traffic Control Devices (CA MUTCD) and to ensure the safety of the City’s residents.
Per ST-25, the City will require the following details:
1. When more than one undulation is required, construction will 24 feet center to center, unless the City Engineer directs otherwise. 2. Undulations cannot be installed over existing service covers, drain inlets, manholes, etc. 3. Undulations should be installed a minimum of five feet from a driveway edge. 4. Placed adjacent to street lights in order to increase visibility.
Having this standard will allow for the installation of safe, uniform speed humps when approved by the City Council.
FISCAL IMPACT: There is no associated fiscal impact with the approval of this item.
ALTERNATIVES: The City Standards for the construction of speed humps is not updated. As a result, the City will not have adequate construction standards for areas that may receive approval to install.
ACTIONS FOLLOWING APPROVAL: After adoption, Public Works staff will distribute appropriate standards to all departments with City Standard Handbooks.
COUNCIL RESOLUTION # -18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA, ADOPTING CITY STANDARD DRAWINGS ST-25 FOR THE CONSTRUCTION OF PAVEMENT UNDULATIONS
WHEREAS, the City has previously adopted City Policy for the construction of pavement undulations; and
WHEREAS, the City has determined that there is a need for a City Standard Drawing in order to ensure uniformity and safety; and
WHEREAS, the City Engineer has developed City Standard Drawing ST-25 for the construction of pavement undulations; and
WHEREAS, City Standard Drawings ST-25 has been prepared and in accordance with the California Manual on Uniform Traffic Control Devices, and will be included in the City Standards and Specifications Handbook.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla does hereby resolve, find and order as follows:
1. The above recitals are true and correct.
2. The City Council approves City Standard Drawing ST-25.
3. This resolution is effective immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 13th day of February, 2018 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN: APPROVED:
Dennis Haworth, Mayor
ATTEST:
Joann McClendon, CMC City Clerk REVISION DATE CITY OF CHOWCHILLA Std. Dwg.
STANDARD PAVEMENT UNDULATION ST-25