Presentations at two City Council meetings
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CITY OF YUBA CITY
STATE OF CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
NOTICE TO CONTRACTORS

Sealed proposals will be received at the City Clerk's Office, City of Yuba City, located at City Hall, 1201 Civic Center Boulevard, Yuba City, California, 95993, until 10:00 A.M. on August 24, 2010, at which time they will be publicly opened and read aloud, for construction in accordance with the specifications to which special reference is made as follows:

WALTON WATER TRANSMISSION LINE – SURFACE RESTORATION Contract No. 10-17

No bid will be considered unless it is made on the bid form furnished by the Public Works Department. Each bid must be accompanied by cash, cashier's check, certified check, or a bidder's bond executed by an admitted surety insurer made payable to the City of Yuba City for an amount equal to at least ten percent (10%) of the total bid amount, such guaranty to be forfeited should the bidder to whom the contract is awarded fail to enter into the contract. General Work Description: The City of Yuba City is accepting proposals for overlaying and performing trench restoration on Lincoln Road from Ohleyer Road to Garden Highway, Bunce Road/Clark Avenue from Lincoln Road to B Street and B Street from Clark Avenue to Cooper Avenue. The work is described in more detail in the project plans and specifications. No pre-bid meeting is scheduled for this project. Bids are required for the entire work described herein. No bid will be accepted from a Contractor who is not licensed under Chapter 9, Division 3, California Business and Professions Code. The Contractor shall possess a Class A license. In accordance with the provisions of Section 1770 to 1790 of the Labor Code of the State of California, the City of Yuba City has ascertained that the general prevailing rate of wages applicable to the locality in which the work is to be done to be listed in the “General Prevailing Wage Rates as determined by the Director of Industrial Relations,” which is on file at the Public Works Department and available from the California Department of Industrial Relations Internet website at www.dir.ca.gov. The Federal minimum wage rates set forth in this project as predetermined by the United States Secretary of Labor are set forth in the book entitled “Notice to Contractors, Special Provisions, and Contract Documents.” Addenda to modify the Federal minimum wage rates, if necessary, will be issued to holders of the plans and specifications. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes “helper” (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate which most closely approximates the duties of the employees in question. It is mandatory that the Contractor to whom the contract is awarded and any subcontractor under him pay not less than said specified rates to all persons employed by them or either of them in the execution of the contract. This project is subject to the “Buy America” provisions of the American Recovery and Reinvestment Act of 2009. This contract is subject to state contract nondiscrimination and compliance requirements pursuant to Government Code Section 12990. WALTON WATER TRANSMISSION LINE – SURFACE RESTORATION The total quantity of materials estimated for this contract is in the table below: Bid Unit of Estimated Item Item Description Measure Quantity Region 1 - East of State Route 99 1 Traffic Control LS 1 2 Asphalt Concrete Overlay (3/4" Agg.) TON 6,369 3 Asphalt Concrete Level Course (1/2" Agg.) TON 3,410 4 Pavement Reinforcing Fabric SY 26,152 5 Cold Plane / Conform Grind Asphalt Concrete SY 19,058 6 Adjust Valve Boxes and Manhole Lids EA 185 7 Class 2 AB Shoulder Backing Ton 440 8 Replace damaged signal loops and equipment LS 1 9 Thermoplastic - Detail 22 - Two Way No Passing LF 6,416 10 Thermoplastic - Detail 32 - Two Way Left Turn Lanes LF 7,118 11 Thermoplastic - Detail 38 LF 1,546 12 Thermoplastic - Detail 39 - Bike Lane LF 11,277 13 Thermoplastic - Detail 39A - Bike Lane Drop LF 2,400 14 Thermoplastic - Crosswalk/Limit Line LF 1,018 15 Thermoplastic - School Crosswalk LF 1,162 16 Thermoplastic - School Crosswalk (2' width) LS 490 17 Thermoplastic - "STOP" SF 418 18 Thermoplastic - "SLOW" SF 115 19 Thermoplastic - "SCHOOL" SF 150 20 Thermoplastic - "XING" SF 84 21 Thermoplastic - "XINGS" SF 26 22 Thermoplastic - "KEEP" SF 24 23 Thermoplastic - "CLEAR" SF 27 24 Thermoplastic - Bike Lane Symbol SF 203 25 Thermoplastic - Bike Lane Arrow SF 203 26 Thermoplastic - Type I (10') Arrow SF 28 27 Thermoplastic - Type IV (L) Arrow SF 585 28 Thermoplastic - Type IV (R) Arrow SF 105 29 Thermoplastic - Type VII (R) Arrow SF 54 Region 2/3 - West of State Route 99 1 Traffic Control LS 1 2 Asphalt Concrete Overlay (3/4" Agg.) TON 3,261 3 Asphalt Concrete Level Course (1/2" Agg.) TON 1,782 4 Pavement Reinforcing Fabric SY 18,096 5 Cold Plane / Conform Grind Asphalt Concrete SY 7,595 6 Adjust Valve Boxes and Manhole Lids EA 76 7 Class 2 AB Shoulder Backing Ton 799 8 Replace damaged signal loops and equipment LS 1 9 Thermoplastic - Detail 22 - Two Way No Passing LF 6,505 10 Thermoplastic - Detail 38 LF 298 11 Thermoplastic - Detail 39 - Bike Lane LF 8,384 12 Thermoplastic - Detail 39A - Bike Lane Drop LF 1,000 13 Thermoplastic - Crosswalk/Limit Line LF 131 14 Thermoplastic - School Crosswalk LF 671 15 Thermoplastic - "STOP" SF 110 16 Thermoplastic - "AHEAD" SF 31 17 Thermoplastic - Bike Lane Symbol SF 77 18 Thermoplastic - Bike Lane Arrow SF 77 19 Thermoplastic - Type I (10') Arrow SF 28 20 Thermoplastic - Type IV (L) Arrow SF 60 21 Thermoplastic - Type IV (R) Arrow SF 30 Plans, specifications, and proposal forms for bidding this project can be obtained at the office of the Public Works Director, City of Yuba City, 1201 Civic Center Boulevard, Yuba City, California, 95993, for a non-refundable deposit of $60.00 per set. An additional non-refundable deposit of $5.00 for shipping and handling is required for those requesting delivery by U.S. mail. Deposit shall be in the form of a cashier's check, personal check, or business check. The successful bidder, at bidder's own expense, shall furnish a faithful performance bond and a payment bond each in an amount of one hundred percent (100%) of the total bid, respectively, and in the form prescribed for use by the City of Yuba City. The bonds shall be provided to the City at the time of execution of contract. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available at the Labor Compliance Office at the offices of the State of California, Department of Transportation, District Director of Transportation, for the district in which the work is situated and at the office of the Yuba City Public Works Department. In its discretion, the City Council of Yuba City or its designee may reject any and all bids presented, may accept an item or group of items of any bid, may modify or cancel in whole or in part the notice inviting bids, and may determine to re-advertise for bids. Similarly, the City Council or its designee reserves the right to waive informalities and minor irregularities in any bids received. If two or more bids received are for the same total amount or unit price, quality and service being equal, the City Council or its designee may accept the one it chooses or accept the lowest bid made after negotiation with tie bidders. The officer or employee conducting the bidding procedure shall present the bid tabulation to the City Council or its designee for consideration and award if deemed appropriate. Bids will be required to set forth the price of the items bid upon, the total sales and use taxes that will be due on the purchase or use of the items bid upon, and a total figure for the price plus tax. Any difference between the taxes shown on the bid as the total figure and that actually due shall be the responsibility of the bidder. No charge for delivery, shipping, parcel post, packing, insurance, license fees, permits, or for any other purpose will be paid by the City of Yuba City unless expressly included and itemized in the bid. In connection with any discount offered, time will be computed from the date of delivery of supplies and/or equipment acceptable to the City or from the date correct invoices are received in the office of the officer or employee conducting the bidding process if the latter date is later than the date of delivery. Payment will be deemed to be made, for the purpose of earning the discount, on the date of the mailing of the City's warrant. Labor surcharge and equipment rental rates to be used on this contract shall be those in effect when the work is accomplished. Pursuant to Section 22300, Public Contracts Code, the Contractor may elect to receive one hundred percent (100%) of payments due under the contract from time to time without retention of any portion of the payment by the public agency in accordance with the provisions of Section 22300 of the Public Contracts Code. Such securities, if deposited by the Contractor, shall be valued by the public agency's finance director (treasurer), whose decision on valuation of the securities shall be final. Unit prices shall be shown on bids submitted as well as a total price for each item bid upon. Please direct questions to the Department of Public Works, (530) 822-4786, attention Kevin Bradford. TERREL LOCKE, CITY CLERK CITY COUNCIL OF YUBA CITY August 9 & 17, 2010 Ad #00103500

 

Hillcrest water project price tag adds $1.65 million for road fixes

By Ashley Gebb/Appeal-Democrat 2010-07-21 23:09:29

Another $1.65 million can be added to the pricetag of the Hillcrest surface water conversion project to fix road damage sustained during water main installation. City officials disagree on how much culpability for the repairs lies with Hillcrest users, but those residents will pay 37 percent of the total cost to repair the roads with fresh overlays. The remainder will be funded through city gas taxes and water funds. The City Council voted Tuesday to go out to bid for the restoration.

The $1.97 million project is significantly higher than the $342,000 standard trench restoration would have cost, but the overlay project will be a higher-quality and longer-lasting fix, said Public Works Director George Musallam. "It doesn't make sense just to do the trench restoration and leave the rest of the road damaged because of the project," he said. The surface water connection replaces the Hillcrest groundwater source, which was high in arsenic and required extensive and costly treatment. The $20 million project included a water storage tank and connection piping that allows for future growth, and about $10.2 million of the total cost is funded through Hillcrest water users.

The city installed water transmission and distribution mains in B Street, Clark Avenue, Bunce Road and Lincoln Road. During the course of construction, significant damage was sustained on various street sections, adjacent travel lanes and paved shoulders. The damage expedited the need for overlays on those streets, which otherwise would not have been done for several years, Musallam said. The city has calculated Hillcrest users' share of the $1.97 million restoration to be 37 percent, roughly $730,251 that will be paid through a surcharge, Musallam said.

The road restoration does raise residents' surcharge slightly, because it is more costly than standard trench restoration. But the city was also able to lower the surcharge through construction costs savings, grants and other measures. "If we continued with the trench restoration, their charges would be less," Musa lam said. "But the problem is, we wouldn't have been doing any overlays if it wasn't for this project."

City Manager Steve Jepsen said at Tuesday's council meeting that 100 percent of the cost can be attributed to the Hillcrest waterline installation. City gas taxes will fund $864,000 of the restoration because of existing deficiencies unrelated to the Hillcrest conversion, Musallam said. Hillcrest water users are responsible for paying 67 percent of the remaining $1.11 million, and the city water account will pay the rest to account for improvements that benefit other customers.

"At the end of the day, the surcharge for property owners will be among what they approved, probably lower," Musallam said. Construction will likely take place between April and June. New overlays will be installed on B Street from Cooper Avenue to Clark Avenue, Clark Avenue and Bunce Road from B Street to Lincoln Road and Lincoln Road from Eastcrest Court to Ohleyer Road. Completion of all components of the conversion project will not happen until next year, but all Hillcrest users should be on surface water by the end of 2009, Musallam said.

 
 
IMPORTANT INFORMATION ABOUT YOUR DRINKING WATER

CITY OF YUBA CITY GROUNDWATER REGION 3 (#5110003) HAS ARSENIC LEVELS ABOVE THE DRINKING
WATER STANDARD

SECOND CALENDAR QUARTER 2010 NOTICE

The City of Yuba City Utilities Department is dedicated to providing high quality water and excellent customer service. We routinely
monitor your drinking water to ensure compliance with all health standards. Based on the average of the last four quarters of testing, your
drinking water (Region 3 Groundwater) exceeds the federal drinking water standard for arsenic. The City has already taken action to lower
arsenic levels in your drinking water, but have not been able to lower it below the federal standard. While this is not an emergency, we
want you to know what happened, what you should do and what we are doing to correct this situation.

New Drinking Water Standard In January 2006, the U.S. Environmental Protection Agency (USEPA) lowered the drinking water standard for 
arsenic, a naturally occurring compound in the local groundwater, from 50 parts per billion (ppb) to 10 parts per billion (ppb). Groundwater 
Treatment Plant #3, operated by the City of Yuba City Utilities Department, exceeded that new standard:

* The current annual average arsenic concentration for Groundwater Treatment Plant #2, which operates year round, is 8.8 ppb.

* The current annual average arsenic concentration for Groundwater Treatment Plant #3 is 12.3 ppb. This is above the USEPA standard, so you 
will be notified quarterly until the standard is met or your water source is converted to the City's surface water system.

WHAT SHOULD YOU DO?

* This is not an emergency. If it had been, you would have been notified immediately. However, some people who drink water containing
high levels of arsenic for many years may experience skin damage or circulatory system problems and may have an increased risk for cancer.

* You do NOT need to use bottled water.

* You do NOT need to boil your water or take other corrective actions.

* If you have specific health concerns, please consult your medical 
provider.

What Steps Are We Taking?
The City is always working to keep arsenic levels in compliance by adjusting treatment processes. The City expects to have Region 3 (area 
south of Lincoln Rd) permanently converted to Surface Water by Fall of 2010. Region 2 (area North of Lincoln Rd) is currently receiving and 
should continue to receive surface water until permanently being converted at the same time. See attached map. We will continue to 
rigorously monitor your water supply to ensure it meets federal and state drinking water standards and keep our customers informed. Notices 
similar to this one will be sent to customers every 3 months until your drinking water is in full compliance with the arsenic standard.

FOR MORE INFORMATION

* Contact Water Treatment Plant Supervisor John Westhouse at (530) 
822-4637.
* For questions about general water safety standards, contact the 
Environmental Protection Agency's (EPA) Safe Drinking Water Hotline 
(1-800-426-4791).
* Find more information about arsenic rule compliance on the EPA Web 
site: http://www.epa.gov/safewater/arsenic/compliance.html
* Visit our website at 
http://www.yubacity.net/utilities/hillcrest-surface-water.htm and see 
Hillcrest Water Conversion Schedule

 

A brief review of the history is necessary to understand the Hillcrest Water System (HWS) problem. Early in the year of 2000 the city annexed the Walton Area without the proper water infrastructure to support its' new citizens. Water was supplied by same private company that supplied water for many years.


THE ANNEXATION FLIER:

 In an Walton Annexation flier the City stated that Hillcrest customers would receive a State Certified Water Supply from the City. How could the City guarantee this when they didn't have sufficient surface water or the piping necessary to connect the Hillcrest customers to the City's surface water plant nor did they own the Hillcrest Water Company? In addition, the City said that "If desired by area residents" the City will assist you in creating an assessment dis trict process that is used for water line extensions. This statement would lead one to believe that connection to City service water was not a mandatory requirement before or after annexation

 Prior to the City's purchase of the Hillcrest Water Company (HWC) In September 2000 in a newspaper article, the City Utilities Director said that the HWC wells would give the city a back up water supply for future droughts and emergencies. Certainly, this is a benefit to the entire city!

 In a newspaper article a City official said that the City will not require home owners to install water meters on their properties, if they have an existing home, However we have now been told that all homes connected to the HWS not having an existing water meter will be charged for one.

 In this same article the Utilities Director is stated to have said that after the HWC company purchase, that the City Council will have to decide who will pay for upgrades - indicating that the city wanted to purchase the HWC even before the City Council knew who and how the city would pay for the upgrades!

 As a side note and not part of this water discussion, it should be noted that the City promised Walton area residents that they would receive City police protection - it has been over eight years and the Walton area is still waiting for the City to fulfill this promise! 

CITY MEMO TO THE SUTTER COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO

In February 21, 2001 The Yuba City Administrator made a plea in a memo to LAFCO to provide city water service within its' Sphere of Influence (SOI) - which inclu ded a large area outside city limits. Also indicated in this memo was that primary conduit for this water service would be the Hillcrest water System (Walton was already within the City limits). Again, this indicates that development in the SOI would be a benefit to the entire city for future city development - a desired planning goal for Yuba City!.

It is also stated that the HWC water system would not meet recently passed arsenic rules and that the costs for these improvements has not yet been estimated. 

In this same City memo the City states that they intend to convert HWC customers to surface water. However, the City did not determine who will pay for the required water plant and water distribution improvements?

Later in this memo it states that the City intends to have all the these costs borne by the Hillcrest customers. One would guess the City  didn't know and did know in the same memo who will be burdened with these costs! Doesn't this sound like bureaucratic doubletalk?

How can they make a determination that the Walton citizens will pay all costs without a Proposition 218 vote by the Hillcrest water customers and especially when they didn't require this as condition in the Walton annexation flier?  In the Annexation flier in 2000 and in this memo the statement that the HWS can request conversion to surface water. There was not a condition or mandate for conversion to surface water in the Annexation flier. Could it be that annexation would have been a more difficult sell to the Walton residens if they knew that they would have to  have to pay $20,000,000 dollars in the future for connection to City surface water?

Isn't this gracious of Yuba City to purchase a suspect water system in the city's name that provides benefits to the entire city; doesn't know how much it will cost to fix the problems or who will pay, and then determines that Hillcrest water users will pay the entire cost of the project without having a chance to vote on the HWC acquisition?

SUTTER COUNTY LETTER TO LAFCO:

On March 22, 2001 Sutter county sent a letter to LAFCO concerning Yuba City's requested expansion of it's water service into the SOI. This letter considers the Yuba City request to provide water service beyond the city limits into the Sphere of Influence including the areas served by the Hillcrest water Company. As stated in the letter, Yuba City did not have sufficient water rights to serve all of Hillcrest customers. The letter noted that LAFCO did not need to evaluate if the City has sufficient water rights but to evaluate t he if the City can provide service (through the acquisition of Hillcrest) beyond it's City boundaries . This is a clear indication that the City was using the HWC purchase to be able to gain water service rights to provide water to the SOI even though the City did not have enough surface water rights to even support the HWS system customers. This is clear indication that the City was using the Walton Annexation and the HWC as stepping stones for future City growth and development. Again, this is a definite Yuba City benefit.

Before I start I would like to thank Mayor Ramirez, Councilman Gill and their staff for providing an abundance of information on the Hillcrest water system. Based on the information presented to date I have made the following conclusions;

When the Walton area was annexed, the City did not have the infrastructure to support the annexation.  After more than seven years, the city has not completely fulfilled all of their promises. Why did the City rush to annex the Walton Area?  The City needed this annexation as a stepping stone to further City growth. When the City purchased the Hillcrest Water Company we became part of the city’s water system and expected to be treated as any other water customer. However, we were placed in a separate water user category within a separate financial account. Now the City contends that the Hillcrest Water Company was purchased for the Walton Area. The City implies that Walton Area residents are responsible to either fix the system or switch to surface water. If we decide to choose surface water it would be like paying a seven year old retroactive reconnection fee at today’s prices. If we fix the system we will be fixing the city’s water system.

At the time of annexation we were connected to the Hillcrest Water Company and there was no overwhelming demand by the Walton Area residents to make this purchase. This company could have continued as a private water utility regulated by the California Public Utilities Commission. For whatever reasons, the City decided to make this purchase. There are several written indications of intent contained in city documents to use the Hillcrest Water System to further City growth. I will quote from one document dated February, 2001 as follows:

 “Yuba City requests that LAFCO, under government code 56133, authorize the City of Yuba City to provide water service within its sphere of Influence at your next meeting – March 22. .” The primary conduit to provide this service will be the Hillcrest Water System, which the city is in the process of acquiring”.

One can only conclude that the City purchased the Hillcrest Water Company to provide water for future build out and growth in the City’s Sphere of Influence. This growth was needed to collect new developer impact fees which benefits the entire City

The City knew that at the time of the purchase that there was an arsenic problem with the Hillcrest wells. After seven years, we are told that this is a Walton Area problem and its residents must pay to correct it at cost somewhere around 20 million dollars. Why didn’t the City address this problem sooner with a more permanent solution instead of taking a patch as needed approach? An earlier solution might have cost much less than it would today. One might conclude that the City used the Hillcrest wells as a temporary solution to further city growth and then deactivate them when no longer useful.

When the City purchased the Hillcrest Water Company, the City was obligated to accept the liabilities of that purchased. This included existing connections of Hillcrest customers. When the City purchased the Hillcrest water system we were officially connected to the City’s water system. To be fair and equitable any improvements to the City’s water system including the Hillcrest water system should be shared by all Yuba City residents.

Thank You
Don Kessel - Ad Hoc Advisory Member


I would like to thank the Mayor and the City Council for the opportunity to speak tonight.

Over the past several months we have heard comments from City officials and City staff that their actions are in our best interest. I want to explain why we are reluctant to accept unconditionally what the City has proposed for the Hillcrest Water System project.

In the July meeting, an arsenic problem was used as a reason to encourage Walton residents to connect to surface water and pay for it through an assessment district. At that time Hillcrest Water in our region met the EPA arsenic standard and is still meeting that standard.

During this meeting, the City presented solutions to correct the arsenic problem. What wasn’t indicated in this meeting was that the project design included infrastructure to support future growth. Had a challenge not been made to these proposals, inappropriate costs would have been assigned to our Walton residents? Miles of new and oversized piping are also designed into this project. To date, our existing piping has been adequate. Why is so much new and oversized piping required?

In October, 2006 a meeting was held in which the City’s Sutter Heritage Plan was discussed. At this meeting they discussed a proposed housing development near Walton and Pebble Beach. Also at this meeting the following information was revealed: “Sewer and water fees, including connection fees and installation of major trunk lines…shall be incorporated into the cost of the development and shall be part of the development agreement.” How could the city promise surface water for this development if the city didn’t have infrastructure to support it? If the City doesn’t require the developer to put in the major trunk lines, where are the funds coming from?  Just by coincidence, there is a 30” pipe and other growth infrastructure built into the Walton Area project.

Also discussed, was a proposed $60,000 impact fee. Why was this fee significantly reduced? Did the City over state their first estimate? Or could it be that the developer couldn’t sell homes with a $60,000 impact fee attached? One wonders if Yuba City citizens are now subsidizing developer fees.  Without new impact fees the City cannot pay its existing debt service!

With the housing slump and deteriorating state and national economic conditions how will the City continue to make these payments? The answer is simple and obvious - through increased taxes and fees from all its citizens!

California law states that. “The department shall not approve an application for a project with a primary purpose to supply or attract future growth.” The Hillcrest Water system was originally purchased for growth for the City’s Sphere of Influence. The City’s Hillcrest Water project clearly indicates design for future growth. We have been told that the low cost loan was for us, however, the City also benefits from this loan for the growth they added to the project. How does this affect the status of the loan?

The City has not discussed their responsibility or its program to protect the City’s water wells from contamination as specified in California law. The law states that a program to protect well heads should be implemented. We would like to know what has been done over the last seven years to protect Hillcrest wells from contamination?

The City is now requesting a 41 thousand dollar engineering study to determine the “most economical solution” solution and to define specific benefits and cost to each Walton Area resident. It should be noted that an engineering study is required by Proposition 218 before a vote can be taken by its citizens. Based on the number of citizen protests collected, the City is now aware of citizen dissatisfaction. The City now needs to plan to follow Proposition 218 procedures.

In summary, there aren’t any specific benefits for Walton area residents. Our well water is meeting EPA standards and there is adequate infrastructure to support it. Without the Hillcrest water project, future growth and annexation in this area will be difficult. Without this growth there will be no new homes, no new impact fees, and no funds to pay City debt service. The Walton conversion to surface water is an important part of the City’s puzzle for continued growth - and costs should be shared by the entire City.

Thank You.
Don Kessel