Section 7. General Expenses. City recognizes that certain job-related expenses will be incurred by Employee and City hereby agrees to reimburse or to pay said general expenses in accordance with MC section 2.08.100 and City policies. The Finance Director (or designee) is hereby authorized to disburse such monies upon receipt of duly executed invoices, petty cash vouchers, receipts, statements, or other appropriate documentation.
Section 8. Cell Phone Allowance. City will provide Employee with stipend of forty dollars ($40.00) per month to use towards the cost of, and in lieu of a City provided cellular phone.
Section 9. Dues and Subscriptions. City agrees to budget and pay for the professional dues and subscriptions of Employee as needed for the continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for Employee’s continued professional participation, growth, and advancement, and for the good of the City, including but not limited to, League of California Cities (LCC) and the International City/County Management Association (ICMA), subject to the terms set forth in Section 7 of the Agreement.
Section 10. Professional Development.
10.1. Travel Expenses. City hereby agrees to budget and pay for travel and subsistence expenses of Employee for necessary professional and official travel, meetings and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for City, subject to the terms set forth in Section 7 of this Agreement and provided Employee seeks prior authorization for such expenses from the Council.
10.2. Courses and Seminars. City also agrees to pay for the cost of enrollment, tuition, fees, travel and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for Employee’s professional development and for the good of the City, subject to the terms set forth in Section 7 of this Agreement and provided that Employee seeks prior approval from the Council for such expenses.
Section 11. Termination of Employment and Severance.
11.1. Voluntary Resignation. Employee may resign at any time and agrees to give the City at least thirty (30) calendar days advance written notice of the effective date of the Employee’s resignation unless the Parties otherwise agree in writing. If the Employee retires from full-time public service with the City, the Employee shall provide ninety (90) calendar days advance written notice. The Employee’s actual retirement date will be mutually established between the Parties.
During the notice period, all rights and obligations of the Parties under this Agreement shall remain in full force and effect. Promptly after the effective date of resignation or retirement, the City shall pay to Employee all salary and benefit amounts accrued and owing under this Agreement.
11.2. Termination by City Council. City and Employee intend that the provisions of Section 11 of this Agreement shall control the process whereby Employee’s employment may be terminated. Accordingly, the Parties hereby voluntarily waive the provisions of MC 2.08.130 relating to removal/dismissal of Employee and agree that the provisions of Section 11 of this Agreement shall govern termination of Employee’s employment.
CITY OF ANGELS CAMP_
CITY ADMINISTRATOR EMPLOYMENT AGREEMENT
The City may, with or without cause, terminate this Agreement and Employee’s employment with the City at any time. The removal of Employee as City Administrator shall be effected by a majority vote of the whole Council as then constituted, convened in a regular Council meeting. Employee shall be provided a written notice setting forth the reasons for such termination.
City shall tender Employee all final wages due and owing as well as accrued and unused vacation and management leave through the termination date within a reasonable time, in accordance with standard City practice and this Agreement.
11.3 Termination Without Good Cause/Severance. If City terminates Employee’s employment and this Agreement without good cause as defined in Paragraph 11.5 below, Employee shall no longer be entitled to accrue any pay, other compensation of any sort or benefits after the date of termination. If City terminates Employee’s employment and this Agreement without good cause, as defined in Paragraph 11.5 below, within the first year of employment as City Administrator, Employee shall not be eligible for severance in any amount whatsoever.
However, if City terminates Employee’s employment and this Agreement without good cause, as defined in Paragraph 11.5 below, after Employee has been continuously actively employed as City Administrator for one (1) year, City shall pay severance to Employee in an amount equal to six (6) months of Employee’s then current Base Salary, provided that Employee executes a general release of claims in favor of the City in a form acceptable to the City. Severance shall be paid at Council’s discretion either in a single lump sum or in equal installments on regular City paydays over six (6) months’ time, or such other time frame as the Parties agree upon.
Any cash settlement related to the termination of this Agreement received by Employee from City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of Employee’s office or position while employed with City Pursuant to Government Code section 53243.2. In the event City terminates this Agreement, Employee shall be entitled to continued medical and dental benefits at Employee’s cost pursuant to the provisions of the federal Consolidated Omnibus Budget Reconciliation Act (“COBRA”).
11.4 Termination for Good Cause. If Employee is terminated for good cause as defined in Paragraph 11.5 below, Employee shall not be entitled to any severance whatsoever and City shall have no obligation to Employee beyond payment of all wages, including accrued and unused vacation due and owing for all hours worked as of Employee’s last day of employment and any other obligation which City may be required to provide under federal or state law.
In the event Employee is terminated by the City Council for misconduct which has been publicly disclosed and could stigmatize Employee’s reputation or impair Employee’s ability to earn a living, Employee may, within ten (10) calendar days, make a written request for a “nameclearing” hearing (as described in Lubey v. City and County of San Francisco (1979) 98 Cal.App.3d 340, and its progeny) before the City Council. Any such “name-clearing” hearing will be held solely to provide Employee an opportunity to clear Employee’s name. The City Council shall use its sole discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing; the purpose of which is solely to allow Employee to present Employee’s grounds of opposition to the allegations in the notice of termination.
CITY OF ANGELS CAMP_
CITY ADMINISTRATOR EMPLOYMENT AGREEMENT
The City Council may determine whether the allegations in the notice of termination are supported. If the City Council determines that the allegations are not supported, a decision shall be issued to reflect that the Employee’s termination was without fault. Such a decision, however, will not require that Employee be reinstated. The hearing shall take place at a regularly scheduled City Council meeting and held in accordance with the City’s standard practice and any applicable provisions of state law. The decision whether to terminate the City Administrator shall be made by a majority vote of the whole City Council as then constituted in closed session and reported out of closed session as required by the California Government Code.
11.5 Good Cause - Defined.
“Good Cause,” for purposes of this Agreement, means a fair and honest cause or reason for termination. These reasons include, but are not limited to:
1. Conviction of a felony;
2. Disclosing confidential information of City;
3. Gross carelessness or misconduct;
4. Unjustifiable and willful neglect of the duties described in this Agreement;
5. Mismanagement;
6. Failure to perform duties to the standard set by the City;
7. Any conduct which violates the City’s Personnel Rules, or other City policies, rules, or regulations for which a City employee may be terminated;
8. Repeated and protracted unexcused absences from the City Administrator’s office and duties;
9. Willful destruction or misuse of City property;
10. Conduct that in any way has a direct, substantial, and adverse effect on the City’s reputation;
11. Willful violation of federal, state, or City discrimination laws;
12. Substance abuse which adversely affects the performance of Employee’s duties as City Administrator and/or reporting to work while under the influence of alcohol or any drug (whether or not Employee has a valid prescription) which impairs, or has the potential to impair, Employee in the performance of Employee’s duties;
13. Refusal to take or subscribe any oath or affirmation which is required by law; CITY OF ANGELS CAMP_
CITY ADMINISTRATOR EMPLOYMENT AGREEMENT
14. Disability that renders Employee unable to perform the essential functions of her job with or without reasonable accommodation which places an undue burden on the City;
15. Dishonesty;
16. Discourteous treatment of the public or other employees;
17. Engaging in other employment or activities which conflict with, or present the appearance or possibility of conflicting with, City’s legitimate business interests; and
18. Failure to comply with any of Employee’s obligations as set forth in this Agreement.
Notwithstanding any provision in this Agreement to the contrary, the City Council may place Employee on investigatory leave with or without pay at any time during the Term of this Agreement. However, pursuant to Government Code section 53243, Employee shall fully reimburse City for any pay provided for that purpose if Employee is convicted of a crime involving an abuse of Employee’s office or position.
Section 12. Indemnification. City shall defend, hold harmless and indemnify Employee against any tort, personnel, civil rights or professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee’s duties as City Administrator in accordance with California’s Tort Claims Act (Government Code section 825 et seq.), and shall provide a defense to Employee in accordance with Government Code sections 995 through 996.5. The City may decline to defend or indemnify Employee only as permitted by the Government Code. City may compromise and settle any such claim or suit and pay the amount of any resulting settlement or judgment; provided, however, that the City’s duty to defend and indemnify shall be contingent upon Employee’s good faith cooperation with such defense. In the event City provides funds for legal criminal defense pursuant to this section, Employee shall reimburse City for such legal criminal defense funds if Employee is convicted of a crime involving an abuse of office or position, as provided by Government Code sections 53243 through 53243.4.
Section 13. Bonding. City shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance.
Section 14. Notices. Any notice or communication required hereunder between City and Employee must be in writing, and may be given either personally, by facsimile (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS, or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by facsimile transmission, a notice or communication shall be deemed to have been given and received upon actual physical receipt of the entire document by the receiving Party’s facsimile machine. Notices transmitted by facsimile after 5:00 p.m. on a normal business CITY OF ANGELS CAMP_
CITY ADMINISTRATOR EMPLOYMENT AGREEMENT
day or on a Saturday, Sunday or holiday shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (a) actual receipt by any of the addressees designated below as the Party to whom notices are to be sent, or (b) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:
If to City: City of Angels
ATTN: City Clerk
P.O. box 667
200 Monte Verde Street, Ste. B
Angels Camp, California 95222
and White Brenner LLP
ATTN: Douglas L. White
1414 K Street, 3rd Floor
Sacramento, California 95814
If to Employee: Rebecca Callen
P.O. Box 667
200 Monte Verde Street, Ste. B
Angels Camp, California 95222
w/cc: home address on file with City Administrative Services Section 15. General Provisions.
15.1. Modification of Agreement. This Agreement may be supplemented, amended, or modified only by a writing signed by the City and Employee.
15.2. Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the Parties and supersedes all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement.
15.3. Severability of Agreement. If a court or an arbitrator of competent jurisdiction holds any section of this Agreement to be illegal, unenforceable, or invalid for any reason, the validity and enforceability of the remaining sections of this Agreement shall not be affected.
15.4. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles and capacities herein stated CITY OF ANGELS CAMP_
CITY ADMINISTRATOR EMPLOYMENT AGREEMENT
on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states, or firms and that all former requirements necessary or required by the state or federal law in order to enter into this Agreement have been fully complied with.
Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.
15.5. Headings. The headings in this Agreement are included for convenience only and neither affect the construction or interpretation of any section in this Agreement nor affect any of the rights or obligations of the Parties to this Agreement.
15.6. Necessary Acts and Further Assurances. The Parties shall, at their own cost and expense, execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.
15.7. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.
15.8. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.
15.9. Counterparts. This Agreement may be executed in counterparts, and all so executed shall constitute an agreement which shall be binding upon the Parties hereto, notwithstanding that the signatures of all Parties and Parties’ designated representatives do not appear on the same page.
15.10. Venue. Venue for all legal proceedings shall be in the Superior Court of the State of California, in and for the County of Calaveras.
15.11. Attorney’s Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret sections of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
[SIGNATURE PAGE FOLLOWS]
CITY OF ANGELS CAMP_
CITY ADMINISTRATOR EMPLOYMENT AGREEMENT
IN WITNESS WHEREOF, this Agreement has been entered into by and between Employee and City as of the date of the Agreement set forth above.
CITY:
City of Angels Camp, a California
Municipal Corporation
By:
Alvin Broglio, Mayor
Date:
Approved as to Form and Content:
By: _____________________
Douglas White, City Attorney
Date:_____________________
EMPLOYEE:
Rebecca Callen
Rebecca Callen
Date:
By: _________________________
Douglas White, City Attorney
Date:____________________
CITY OF ANGELS CAMP_
CITY ADMINISTRATOR EMPLOYMENT AGREEMENT
City Administrator Schedule of Benefits
Rebecca Callen
Per Paragraph 5.3 of Employment Agreement
1. Leave. Employee shall receive the following leave time:
A. Vacation. Vacation accrual shall begin on the first day of the first full month of employment. Employee shall accrue vacation at the rate of ten (10) days or eighty (80) hours per year. Accrual shall be capped at one hundred and fifty percent (150%) of Employee’s annual accrual. Unless otherwise specified in this Agreement, vacation accrual, use and payout shall be administered in accordance with any applicable provisions of City Personnel policies, rules, and regulations and/or an MOU, if any, that the City deems to be applicable to Employee’s position as City Administrator. Upon separation from the City, Employee shall be paid for any accrued and unused vacation.
B. Management Leave. It is recognized that Employee must devote a great deal of time outside of normal business hours to City business as City Administrator. To that end, Employee shall receive one hundred and twenty (120) hours of Management Leave at the beginning of each fiscal year, to be used as needed, upon approval by the City Council. Unless otherwise specified in this Agreement, accrual and use of Management Leave shall be administered in accordance with any applicable provisions of City personnel policies, rules, and regulations and/or an MOU, if any, that City deems to be applicable to Employee’s position as City Administrator. In the first year of this Agreement, Employee will be credited a prorated amount of Management Leave which equals sixty (60) hours for the remainder of the fiscal year.
Any unused Management Leave expires on June 30th of each fiscal year and shall not be paid out or carried over year to year.
C. Sick Leave. During the term of this Agreement, Employee shall accrue sick leave at the annual rate of ninety-six (96) hours per year. Accrual shall begin on the first day of the first full month of employment. Employee shall not accrue more than ninety (90) days, or seven hundred and twenty (720) hours, of sick leave. Employee acknowledges that City may require a note from a health care provider certifying the need for sick leave for absences in excess of three (3) days. Unused sick leave will not be paid upon Employee’s separation from City. Unless otherwise specified in this Agreement, accrual and use of sick leave shall be administered in accordance with any applicable provisions of City personnel policies, rules, and regulations and/or an MOU, if any, that City deems to be applicable to Employee’s position as City Administrator.
D. Other Leave. Employee shall be entitled to other leaves of absence, as provided by City policies and/or required by law, to the same extent as other similarly situated full-time exempt employees, in accordance with the City's Personnel Rules, policies and regulations and/or an MOU, if any, that City deems to be applicable to Employee’s position as City Administrator.
2. Holidays. Employee shall be entitled to observe with pay all holidays as approved by the City Council for similarly situated full-time exempt employees, in accordance with the CITY OF ANGELS CAMP_
CITY ADMINISTRATOR EMPLOYMENT AGREEMENT
City's Personnel Rules, policies and regulations and/or an MOU, if any, that City deems to be applicable to Employee’s position as City Administrator. The City currently provides fourteen (14) paid holidays, which results in one hundred and twelve (112) hours of holiday pay.
3. Health Insurance. Employee shall be eligible to participate in medical, dental and vision coverage under City maintained group plans provided by the California Public Employee Retirement System (CalPERS) under the terms and conditions of those plans, on the same terms and conditions as similarly situated full-time exempt employees. Employee acknowledges that the plans offered, the level of benefits and/or the portion of premiums paid by the City may be subject to change. City will endeavor to give Employee thirty (30) days’ notice of any change in benefits, coverage, or premium cost. Employee may, at Employee’s option, elect to opt out of City provided health insurance and, in lieu of insurance, may receive a cash payment of two hundred and fifty ($250.00) per month, provided Employee presents proof of alternate insurance.
4. Other Insurance. Employee shall be eligible to participate in other City sponsored insurance plans (e.g., long-term disability, life insurance) to the same extent as other similarly situated full-time exempt employees, in accordance with the terms of those plans.
5. Retirement. The City shall provide the Employee with the California Public Employee Retirement System’s (CalPERS) Two and Seven Tenths’ Percent (2.7%) at Fifty-five (55) Benefit Formula, pursuant to the contractual provisions between the City and CalPERS.
Employee shall pay eight percent (8%) of Employee’s salary to fund the employee share of the pension.
6. Longevity Pay. Employee may be eligible for Longevity Pay after ten (10) years of continuous full-time employment with the City, in accordance with the City's Personnel Rules, policies and regulations and/or an MOU, if any, that City deems to be applicable to Employee’s position as City Administrator. Longevity pay shall be added to Employee’s base salary.
7. Essential Pay Bonus. In recognition of Employee’s service to the City and its citizens during the challenges presented by the public health pandemic, the City will provide a one-time bonus to Employee in the amount of two thousand, five hundred dollars ($2,500.00) to be paid the first pay period after the Effective Date.
8. COVID Vaccine Bonus. The City shall provide Employee a one-time bonus in the amount of one thousand dollars ($1,000.00) provided Employee presents proof Employee has been fully vaccinated (i.e., has received initial vaccine(s) and booster(s) against COVID-19.) The bonuses shall be contingent on documentation that the vaccination(s) have been received being presented to the Administrative Services Officer and shall be paid the first pay period falling after the Effective Date of this Agreement and receipt of proof of vaccination.
City of Angels Council Meeting
JULY 5, 2022 REGULAR AGENDA F
F. Discussion and Award of Contract to Dewberry Engineers, Inc. for Engineering Services for a Term of July 6, 2022 through June 30, 2025, Rebecca Callen, City Administrator
___________________________________________________________________
CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 DATE: July 5, 2022
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: DISCUSSION AND AWARD OF CONTRACT TO DEWBERRY ENGINEERS, INC. FOR ENGINEERING SERVICES FOR A TERM OF JULY 6, 2022, THROUGH JUNE 30, 2025
RECOMMENDATION
Award a Contract for Service to Dewberry Engineers for engineering services for three (3) years with an option to extend an additional two (2) years for an amount not to exceed $5,000,000 and authorize the City Manager to execute all necessary documents.
BACKGROUND
The City of Angels issued a Request for Qualifications for Engineering Services on November 9, 2018, and contracted with Drake Haglan on March 6, 2019, for one year and an option for two additional years. The contract was extended through June 30, 2022. The written agreement limited the contract to $386,000 across the three years. Because many of the projects the City engages in have Federal funding requirements and Local Assistance Procedures, the contract did not meet the needs of the City and needed to be bid again.
DISCUSSION
The City issued a Request for Qualifications through Public Purchase on June 10, 2022. The RFQ included the following requirements to respond:
1. Coordinate the City's Public Works and Water\Waste Water engineering service needs
2. Understand City facilities and operations
3. Efficiently develop and deliver programs and projects
4. Work with staff, the City Council, and the public and private developers in the development and implementation of projects
5. Have a depth of staff available to deliver an array of engineering services City projects and programs are funded by grants (regional, state, and federal), development fees, gas taxes, assessments, and utility rates. Consultants must be experienced with the Caltrans Local
CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Assistance Procedures Manual and the administration of various State, Federal, and local funding sources.
The response period ended on June 24, 2022, and the City had one response. Dewberry Engineers responded and met all the requirements. In addition, Dewberry has been doing work for the City since combining with Drake Haglan and has submitted a solid group of staff for the City to continue working on several projects in progress and can handle additional projects that will be happening in the coming year.
This contract is using a different method than the 2019 contract in that it will be an initial three (3) year term with the option to extend for two (2) more years and has an amount not to exceed $5,000,000 that will be sufficient to accommodate the projects that are in the five (5) year plan. All work/ scope will be task orders aligned with the City budget and approved by Council as needed, and there is no promise or requirement ever to meet the “not to exceed” amount. However, it does allow the City to align with Federal procurement requirements should funding become available for additional capital projects without having to reprocure the contract again.
FINANCIAL IMPACT
Costs have already been included to encompass Water, Wastewater, and General Engineering Services in the 2022-23 Budget. As additional projects and funding come to fruition, staff will bring those task orders and budget amendments as needed.
Attachments:
Draft Contract
Attachment 1 Scope
Dewberry Response
Attachment 10-H2 (Cost Proposal and Staffing)
CONTRACT FOR PROFESSIONAL
SERVICES
TO PERFORM
CITY ENGINEERING SERVICES
IN
THE CITY OF ANGELS
COUNTY OF CALAVERAS
2 of 29
ARTICLE I INTRODUCTION
This Contract is made and entered into by and between the City of Angels, a municipal corporation ("CITY") and Dewberry Engineers, Inc. (“CONSULTANT").
A. RECITALS:
1. CONSULTANT is specially trained, experienced and competent to perform the special services which will be required by this Contract; and
2. CONSULTANT possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Contract on the terms and conditions described herein.
3. CITY desires to retain CONSULTANT to render professional services as set forth in this Contract.
B. The work to be performed under this Contract is described in Article III entitled Scope of Work and CONSULTANT’s cost proposal is attached hereto as Attachment 3 and incorporated by reference. If there is any conflict between the approved Cost Proposal and this contract, the contract shall take precedence.
C. CONSULTANT shall indemnify and hold harmless CITY, its elected and appointed officials, officers, employees, and volunteers (collectively, “CITY”) from losses, costs, liabilities and expenses for any damage, injury or death (collectively, “Liability”) arising directly or indirectly from or connected with the services provided under this Contract to the extent that such Liability is caused by the negligence or willful misconduct of CONSULTANT, its officers, employees, agents, contractors, subcontractors, consultants, or any person under its direction or control and shall make good to and reimburse CITY for any expenditures, including reasonable attorneys’ fees, the CITY may incur by reason of such matters. CONSULTANT’s obligations shall exist regardless of concurrent negligence or willful misconduct on the part of the CITY or any other person; provided, however, that CONSULTANT shall not be required to indemnify CITY for the proportion of Liability a court determines is attributable to the negligence or willful misconduct of the CITY. The CITY acknowledges that this indemnity does not require the Consultant to provide an up-front legal defense to the CITY. This indemnification clause shall survive the termination or expiration of this Contract.
CONSULTANT further agrees to provide, at CONSULTANT expense, reasonable assistance to the CITY in responding to third party claims to the extent such claims implicate the quality of the CONSULTANT’s performance under this Contract, which assistance shall include selection, management, and compensation of expert witnesses as necessary to substantiate or defend the quality of the CONSULTANT’s performance under this Contract, as well as making CONSULTANT’s employees and project work product available as reasonably necessary to assist in the defense of such claims. This shall not preclude the CITY from recovering its reasonable attorneys’ fees and defense costs in responding to third party claims to the extent such claims are found to have been caused by the CONSULTANT’s negligence or willful misconduct.
D. CONSULTANT in the performance of this CONTRACT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto.
CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of City.
E. CITY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the CONTRACT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the CITY as to the designation of tasks to be performed and the results to be accomplished.
F. Any third-party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds 3 of 29
CITY harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this CONTRACT. Without the written consent of CITY, this contract is not assignable by CONSULTANT either in whole or in part.
G. Except as expressly authorized herein, CONSULTANT's obligations under this CONTRACT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the CITY. However, claims for money due or which become due to CONSULTANT from City under this CONTRACT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the CITY.
H. CONSULTANT shall be as fully responsible to the CITY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.
I. No alteration or variation of the terms of this CONTRACT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or contract not incorporated herein, shall be binding on any of the parties hereto.
J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.
ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for CITY’s Contract Administrator or Project Coordinator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.
B. CONSULTANT’s Project Manager shall meet with CITY’s Contract Administrator, as needed, to discuss progress on the project(s).
ARTICLE III STATEMENT OF WORK
C. A. CONSULTANT shall furnish, in a professional manner, the services described on Attachment 1 which is attached hereto and incorporated herein by reference. Consultant shall provide said services with the personnel and according to the schedule specified in Attachment 2, subject to the direction of CITY through its staff that it may provide from time to time.
ARTICLE IV PERFORMANCE PERIOD
A. This contract shall go into effect on July 6, 2022 contingent upon approval by CITY, and CONSULTANT shall commence work after notification to proceed by CITY’s Contract Administrator. The Contract shall end on June 30, 2025 unless extended by contract amendment.
B. CONSULTANT is advised that any recommendation for contract award is not binding on CITY until the contract is fully executed and approved by CITY.
C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this CONTRACT, the terms of the CONTRACT shall be extended by CONTRACT amendment prior to the expiration of the contract to cover the time needed to complete the task order in progress only. The maximum term shall not exceed five (5) years.
4 of 29
ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in the CONSULTANT’s approved Cost Proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. CONSULTANT’s hourly rates of compensation and direct costs may be adjusted annually, if approved by the CITY’s Contract Administrator, to incorporate such things as cost of living adjustments and changes to the Internal Revenue Service mileage reimbursement rate. CONSULTANT will be reimbursed within thirty (30) days upon receipt by CITY’S Contract Administrator of itemized invoices in duplicate.
B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Cost Proposal and identified in the approved Cost Proposal and in the executed Task Order. Specific projects will be assigned to CONSULTANT through issuance of Task Orders.
C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders.
D. After a project to be performed under this CONTRACT is identified by CITY, CITY will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a CITY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After contract has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both CITY and CONSULTANT.
E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT’s approved Cost Proposal.
CONSULTANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the CONTRACT.
F. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. CONSULTANT will be responsible for transportation and subsistence costs in excess of State rates.
G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval in the form of a CONTRACT amendment for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.
H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.
I. CONSULTANT shall not commence performance of work or services until this CONTRACT has been approved by CITY and notification to proceed has been issued by CITY’S Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this CONTRACT.
J. A Task Order is of no force or effect until returned to CITY and signed by an authorized representative of CITY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by CITY.
K. CONSULTANT will be reimbursed within thirty (30) days upon receipt by CITY’S Contract Administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than thirty (30) calendar 5 of 29
days after the performance of work for which CONSULTANT is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable.
Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this CONTRACT number, project title and Task Order number. Credits due CITY that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prior to the expiration or termination of this CONTRACT. Invoices shall be mailed to CITY’S Contract Administrator at the following address:
Rebecca Callen
City Administrator
City of Angels Camp
P.O. Box 667
Angels Camp, CA 95222
L. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this CONTRACT.
M. The total amount payable by CITY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment.
N. If CONSULTANT fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.
O. Task Orders may not be used to amend the language (or the terms) of this CONTRACT nor to exceed the scope of work under this CONTRACT.
P. The total amount payable by CITY for all Task Orders resulting from this CONTRACT shall not exceed $5,000,000. It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this CONTRACT through Task Orders.
ARTICLE VI TERMINATION
A. This CONTRACT may be terminated by the CITY, provided that the CITY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, CITY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
B. CITY may temporarily suspend this CONTRACT, at no additional cost to CITY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If CITY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this CONTRACT. A temporary suspension may be issued concurrent with the notice of termination.
C. Notwithstanding any provisions of this CONTRACT, CONSULTANT shall not be relieved of liability to CITY for damages sustained by City by virtue of any breach of this CONTRACT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.
ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS 6 of 29
A. The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.
B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to CITY.
D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply. CONSULTANT agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of individual items.
E. CONSULTANT also agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
ARTICLE VIII RETENTION OF RECORDS/AUDIT
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and CITY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the CONTRACT including, but not limited to, the costs of administering the CONTRACT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the CONTRACT period and for three (3) years from the date of final payment under the CONTRACT and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. CITY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the CONTRACT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.
ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this contract that is not disposed of by contract, shall be reviewed by CITY’S Chief Financial Director.
B. Not later than 30 days after issuance of the final audit report, CONSULTANT may request a review by CITY’S Chief Financial Director of unresolved audit issues. The request for review will be submitted in writing.
C. Neither the pendency of a dispute nor its consideration by CITY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this CONTRACT.
D. CONSULTANT and subconsultant contracts, including cost proposals and ICR, are subject to audits or reviews such as, but not limited to, a contract audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the contract, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, state, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The contract, cost proposal, and ICR shall be adjusted 7 of 29
by CONSULTANT and approved by CITY contract manager to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the contract by this reference if directed by CITY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, state or local governments have access to CPA work papers, will be considered a breach of contract terms and cause for termination of the contract and disallowance of prior reimbursed costs.
E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the CITY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report.
Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the CONTRACT terms and cause for termination of the CONTRACT and disallowance of prior reimbursed costs.
1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, CITY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI.
Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate.
b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate. c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.
2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.
3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this CONTRACT.
4. CONSULTANT may submit to CITY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this CONTRACT has been completed to the satisfaction of CITY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO CITY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this CONTRACT and all other contracts executed between CITY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR. 8 of 29
ARTICLE X SUBCONTRACTING
A. Nothing contained in this CONTRACT or otherwise, shall create any contractual relation between CITY and any subconsultant(s), and no subcontract shall relieve CONSULTANT of its responsibilities and obligations hereunder. CONSULTANT agrees to be as fully responsible to CITY for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by CONSULTANT. CONSULTANT’s obligation to pay its subconsultant(s) is an independent obligation from CITY’S obligation to make payments to the CONSULTANT.
B. CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by CITY’s Contract Administrator, except that, which is expressly identified in the approved Cost Proposal.
C. Any subcontract entered into as a result of this CONTRACT, shall contain all the provisions stipulated in this entire CONTRACT to be applicable to Subconsultants unless otherwise noted.
D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the CITY.
E. Any substitution of Subconsultants must be approved in writing by the CITY Contract Administrator in advance of assigning work to a substitute Subconsultant.
F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.
G. Prompt Payment of Withheld Funds to Subconsultants The CITY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the CITY, of the contract work, and pay retainage to CONSULTANT based on these acceptances. The CITY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant. (Choose either Method 1, Method 2, or Method 3 below and delete the other two.) Method 1: No retainage will be held by the CITY from progress payments due to CONSULTANT.
CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants.
Any delay or postponement of payment may take place only for good cause and with the CITY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient 9 of 29
subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.
Method 2: No retainage will be held by the CITY from progress payments due to CONSULTANT.
Any retainage kept by CONSULTANT or by a subconsultant must be paid in full to the earning subconsultant within 15 days after the subconsultant’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the CITY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.
Method 3: The CITY shall hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the CITY of the contract work and pay retainage to CONSULTANT based on these acceptances. CONSULTANT or subconsultant shall return all monies withheld in retention from all subconsultants within 15 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the CITY. Any delay or postponement of payment may take place only for good cause and with the CITY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT; deficient subconsultant performance and/or noncompliance by a subconsultant.
This clause applies to both DBE and non-DBE subconsultants.
Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment
ARTICLE XI EQUIPMENT PURCHASE
A. Prior authorization in writing, by CITY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.
B. For purchase of any item, service or consulting work not covered in CONSULTANT’s Cost Proposal and exceeding $5,000 prior authorization by CITY’s Contract Administrator; three competitive quotations must be submitted with the request, or the absence of bidding must be adequatelyjustified.
C. Any equipment purchased as a result of this contract is subject to the following:
1. CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, CITY shall receive a proper refund or credit at the conclusion of the contract, or if the contract is terminated, CONSULTANT may either keep the equipment and credit CITY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established CITY procedures; and credit CITY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually 10 of 29
agreeable to by CITY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by CITY.
2. Regulation 2 CFR, Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project.
ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an CONTRACT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5.
Registration with DIR must be maintained throughout the entire term of this CONTRACT, including any subsequent amendments.
B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this CONTRACT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this CONTRACT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at CITY construction sites, at CITY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve CITY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.
C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.
D. Payroll Records
1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.
2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by CITY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of 11 of 29
Industrial Relations. Certified payrolls submitted to CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the CITY Contract Administrator by both email and regular mail on the business day following receipt of the request.
3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.
4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by CITY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.
5. The CONSULTANT shall inform CITY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.
6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to CITY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by CITY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.
E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the CITY Contract Administrator.
F. Penalty
1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775.
Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the CITY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the CITY by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.
2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place 12 of 29
during the term of the CONTRACT.
3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.
4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:
i. The CONTRACT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. ii. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
iii. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. iv. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.
5. Pursuant to Labor Code §1775, CITY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.
6. If CITY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if CITY did not retain sufficient money under the CONTRACT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by CITY.
G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the CITY, twenty-five dollars ($25) for each worker employed in the execution of the CONTRACT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and 13 of 29
forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.
H. Employment of Apprentices
1. Where either the prime CONTRACT or the subcontract exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.
2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the CONTRACT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.
ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this CONTRACT, the CONSULTANT shall disclose any financial, business, or other relationship with CITY that may have an impact upon the outcome of this CONTRACT or any ensuing CITY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this CONTRACT or any ensuing CITY construction project which will follow.
B. CONSULTANT certifies that it has disclosed to CITY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this CONTRACT.
CONSULTANT agrees to advise CITY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this CONTRACT. CONSULTANT further agrees to complete any statements of economic interest if required by either CITY ordinance or State law.
C. The CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this CONTRACT.
D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Contract to provide construction inspection for any construction project resulting from this CONTRACT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise
ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this CONTRACT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any CITY employee. For breach or violation of this warranty, CITY shall have the right, in its discretion, to terminate this CONTRACT without liability, to pay only for the value of the work actually performed, or to deduct from this CONTRACT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration, recover the full amount of such rebate, kickback or other unlawful consideration.
ARTICLE XV PROHIBITION OF EXPENDING CITY STATE OR FEDERAL FUNDS
FOR LOBBYING
A. CONSULTANT certifies to the best of his or her knowledge and belief that:
1. No state, federal or CITY appropriated funds have been paid, or will be paid by-or-on behalf of CONSULTANT to any person for influencing or attempting to influence an officer or employee of 14 of 29
any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative contract, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative contract.
2. If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this federal contract, grant, loan, or cooperative contract; CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
C. CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower-tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly.
ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. CONSULTANT’s signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that CONSULTANT has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103.
B. During the performance of this Contract, CONSULTANT and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by CITY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this CONTRACT by reference and made a part hereof as if set forth in full.
D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this clause.
E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Contract.
F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this CONTRACT.
15 of 29
G. The CONSULTANT, with regard to the work performed under this CONTRACT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.
I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the CITY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:
1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;
3. Does not have a proposed debarment pending; and
4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.
B. Any exceptions to this certification must be disclosed to CITY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.
C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S.
General Services Administration are to be determined by FHWA
ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. CONSULTANT, subrecipient (CITY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, The CITY shows a contract goal for DBEs. CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers. 16 of 29
CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal. It is CONSULTANT’s responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes or work code applicable to the type of work the firm will perform on the contract. Additionally, the CONSULTANT is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civilrights/dbesearch.
All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are purchased from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49CFR26.55 defines "manufacturer" and "regular dealer."
This CONTRACT is subject to 49 CFR Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. CONSULTANTs who enter into a federallyfunded contract will assist the CITY in a good faith effort to achieve California's statewide overall DBE goal.
B. The goal for DBE participation for this CONTRACT is_________%. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the CONTRACT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.
C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the CONTRACT goal, or by documenting adequate good faith efforts to meet the CONTRACT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information – Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.
D. Contract Assurance
Under 49 CFR 26.13(b):
CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.
Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
17 of 29
(4) Disqualifying CONSULTANT from future proposing as non-responsible E. Termination and Substitution of DBE Subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the CITY’s written consent.
CONSULTANT shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the CITY. Unless CITY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form, included in the Bid.
The CITY authorizes a request to use other forces or sources of materials if CONSULTANT shows any of the following justifications:
1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.
2. The CITY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the CITY’s bond requirements.
3. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.
4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).
5. Listed DBE's work is unsatisfactory and not in compliance with the contract.
6. Listed DBE is ineligible to work on the project because of suspension or debarment.
7. Listed DBE becomes bankrupt or insolvent.
8. Listed DBE voluntarily withdraws with written notice from the Contract
9. Listed DBE is ineligible to receive credit for the type of work required.
10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.
11. The CITY determines other documented good cause.
CONSULTANT shall notify the original DBE of the intent to use other forces or material sources and provide the reasons and provide the DBE with 5 days to respond to the notice and advise CONSULTANT and the CITY of the reasons why the use of other forces or sources of materials should not occur.
CONSULTANT’s request to use other forces or material sources must include:
1. One or more of the reasons listed in the preceding paragraph.
2. Notices from CONSULTANT to the DBE regarding the request.
3. Notices from the DBEs to CONSULTANT regarding the request.
If a listed DBE is terminated or substituted, CONSULTANT must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal.
F. Commitment and Utilization
The CITY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.
The CITY shall request CONSULTANT to:
18 of 29
1. Notify the CITY’s contract administrator or designated representative of any changes to its anticipated DBE participation
2. Provide this notification before starting the affected work
3. Maintain records including:
• Name and business address of each 1st-tier subconsultant • Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9-F Monthly Disadvantaged Business Enterprise Payment)
If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.
If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit the notifications to the CITY. On work completion, CONSULTANT shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form to the CITY within 30 days of contract acceptance.
Upon work completion, CONSULTANT shall complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the CITY within 90 days of contract acceptance. The CITY will withhold $10,000 until the form is submitted. The CITY will release the withhold upon submission of the completed form.
In the CITY’s reports of DBE participation to Caltrans, the CITY must display both commitments and attainments.
G. A DBE is only eligible to be counted toward the CONTRACT goal if it performs a commercially useful function (CUF) on the CONTRACT. CUF must be evaluated on an contract by contract basis. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the CONTRACT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the CONTRACT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the CONTRACT is commensurate with the work it is actually performing, and other relevant factors.
H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, CONTRACT, or project through which funds are passed in order to obtain the appearance of DBE participation.
I. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its CONTRACT with its own work force, or the DBE subcontracts a greater portion of the work of the CONTRACT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.
J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT’s shall also show the date of work 19 of 29
performed by their own forces along with the corresponding dollar value of the work.
K. If a DBE subconsultant is decertified during the life of the CONTRACT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the CONTRACT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to CITY’s Contract Administrator within thirty (30) calendar days.
L. After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant shall complete and email the Exhibit 9- F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to the Agency. M.
M. Any subcontract entered into as a result of this CONTRACT shall contain all of the provisions of this section.
ARTICLE XIX INSURANCE
A. Prior to commencement of the work described herein, CONSULTANT shall furnish CITY a Certificate of Insurance stating that there is general comprehensive liability insurance presently in effect for CONSULTANT with a combined single limit (CSL) of not less than one million dollars ($1,000,000) per occurrence.
B. The Certificate of Insurance will provide:
1. Workers' Compensation Coverage. CONSULTANT shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, CONSULTANT shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or nonrenewal of all Workers' Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against CITY, its officers, agents, employees and volunteers for losses arising from work performed by CONSULTANT for CITY.
2. General Liability Coverage. CONSULTANT shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Contract or the general aggregate limit shall be at least twice the required occurrence limit.
3. Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with the work to be performed under this Contract, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
4. Professional Liability Coverage. CONSULTANT shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from CONSULTANT's operations under this Contract whether such operations be by the CONSULTANT or by its employees, subcontractors, or sub- consultants. The amount of this insurance shall not be less than one million dollars ($2,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis.
C. CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this CONTRACT. In the event said insurance coverage expires at any time or times 20 of 29
during the term of this CONTRACT, CONSULTANT agrees to provide at least thirty (30) calendar days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the term of the CONTRACT, or for a period of not less than one (1) year. New Certificates of Insurance are subject to the approval of CITY. In the event CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, CITY may, in addition to any other remedies it may have, terminate this CONTRACT upon occurrence of such event.
D. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language:
1. The CITY, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the CONSULTANT, including materials, parts or equipment furnished in connection with such work or operations.
2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the CITY, including any self-insured retention the CITY may have, shall be considered excess insurance only and shall not contribute with it.
3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees or agents.
5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its elected or appointed officers, officials, employees, agents or volunteers.
6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the CITY.
E. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the CITY's option, CONSULTANT shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
F. Certificates of Insurance. CONSULTANT shall provide certificates of insurance with original endorsements to CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Contract. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Contract.
ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this CONTRACT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the CONTRACT were executed after that determination was made.
B. This CONTRACT is valid and enforceable only if sufficient funds are made available to CITY for the purpose of this CONTRACT. In addition, this CONTRACT is subject to any additional restrictions, 21 of 29
limitations, conditions, or any statute enacted by the Congress, State Legislature, or CITY governing board that may affect the provisions, terms, or funding of this CONTRACT in any manner.
C. It is mutually agreed that if sufficient funds are not appropriated, this CONTRACT may be amended to reflect any reduction in funds.
D. CITY has the option to terminate the CONTRACT pursuant to Article VI Termination, or by mutual contract to amend the CONTRACT to reflect any reduction of funds.
ARTICLE XXI CHANGE IN TERMS
A. This contract may be amended or modified only by mutual written contract of the parties.
B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by CITY’s Contract Administrator.
C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this contract without prior written approval by CITY’s Contract Administrator.
ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this CONTRACT that no person or selling agency has been employed, or retained, to solicit or secure this CONTRACT upon an contract or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, CITY has the right to annul this CONTRACT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the CONTRACT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.
ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this CONTRACT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other
A. Any dispute, other than audit, concerning a question of fact arising under this contract that is not disposed of by contract shall be decided by CITY’s City Administrator, who may consider written or verbal information submitted by CONSULTANT.
B. Not later than 30 days after completion of all work under the contract, CONSULTANT may request review by CITY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.
C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this contract.
ARTICLE XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit CITY, the state, and the FHWA if federal participating funds are used in this contract; to review and inspect the project activities and files at all reasonable times during the performance period of this CONTRACT.
ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary 22 of 29
safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by CITY Safety Officer and other CITY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while performing on the construction project site.
B. Pursuant to the authority contained in Section 591 of the Vehicle Code, CITY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code.
CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.
C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.
D. CONSULTANT must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in California Labor Code Sections 6500 and 6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five feet or deeper.
ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this CONTRACT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this CONTRACT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to City which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this CONTRACT must be approved in writing by City.
B. Additionally, it is agreed that the Parties intend this to be an CONTRACT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.
C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by City for another project or project location shall be at City’s sole risk.
D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal aid contracts).
E. CITY may permit copyrighting reports or other contract products. If copyrights are permitted; the CONTRACT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.
ARTICLE XXVII CLAIMS FILED BY CITY’s CONSTRUCTION CONTRACTOR A. If claims are filed by CITY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for 23 of 29
consultation with CITY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.
B. CONSULTANT’s personnel that CITY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from CITY. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this contract.
C. Services of CONSULTANT’s personnel in connection with CITY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this contract in order to resolve the construction claims.
ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to CITY’s operations, which are designated confidential by CITY and made available to CONSULTANT in order to carry out this contract, shall be protected by CONSULTANT from unauthorized use and disclosure.
B. Permission to disclose information on one occasion, or public hearing held by CITY relating to the contract, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.
C. CONSULTANT shall not comment publicly to the press or any other media regarding the contract or CITY’s actions on the same, except to CITY’s staff, CONSULTANT’s own personnel involved in the performance of this contract, at public hearings or in response to questions from a Legislative committee.
D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this contract without prior review of the contents thereof by CITY, and receipt of CITY’S written permission.
E. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than CITY, Caltrans, and/or FHWA. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.
ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code Section 10296, CONSULTANT 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 CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.
ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by CITY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the CONTRACT record.
ARTICLE XXXI PROMPT PAYMENT FROM THE CITY TO CONSULTANT 24 of 29
The CITY shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the CITY fails to pay promptly, the CITY shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the CITY shall act in accordance with both of the following:
(1) Each payment request shall be reviewed by the CITY as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request. (2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to CONSULTANT as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.
ARTICLE XXXII TITLE VI ASSURANCES
APPENDICES A -E of the TITLE VI ASSURANCES
The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a consultant to contain Appendices A and E of the Title VI Assurances. Include Appendices B, C, and D if applicable as shown below. In addition, the consultant must include the Title VI Assurances Appendices A and E, and if applicable Appendices B, C, and D in all subcontracts to perform work under the contract.
The clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a CITY. The clauses set forth in Appendix C and Appendix D of this Assurance shall be included as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the CITY with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.
APPENDIX A
During the performance of this Contract, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this contract. b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the CONTRACT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment.
CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-contracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a 25 of 29
Sub- contract, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information.
e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this contract, the recipient shall impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Contract within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Contract, in whole or in part. f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-contract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
CONSULTANT shall take such action with respect to any sub-contract or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.
APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:
NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest 26 of 29
in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the abovementioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)
APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY,
FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations(as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE
ACTIVITY, FACILITY OR PROGRAM
27 of 29
The following clauses will be included in deeds, licenses, permits, or similar instruments/contracts entered into by the recipient pursuant to the provisions of Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.
B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Nondiscrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.
APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination 28 of 29
on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and LowIncome Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq)
ARTICLE XXXIII TITLE NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this CONTRACT and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:
CONSULTANT:
CITY:
Dewberry Engineers, Inc
______ , Project Manager
___________________________________
___________________________________
Rebecca Callen
City Administrator
City of Angels Camp
P.O. Box 667
Angels Camp, CA 95222
ARTICLE XXXIV CONTRACT
The two parties to this contract, who are the before named CONSULTANT and the before named CITY, hereby agree that this contract constitutes the entire contract which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this contract as evidenced by the signatures below.
ARTICLE XXXV SIGNATURES
CITY of ANGELS:
By:
Rebecca Callen
City Administrator
Date: ___________________
ATTEST:
29 of 29
(Name of Consultant)
By:
(Name of Signer)
Principal in Charge
Date: ________________________
Rose Beristianos
City Clerk
APPROVED AS TO FORM:
Douglas L. White, City Attorney
CITY HALL
City of Angels PO BOX 667, 200 Monte Verda Street, Ste. B, Angels Camp, CA 95222 P: (209)736-2121 City of Angels
Contract for Engineering Services
Scope of Services
Attachment 1
The following is a summary of duties that may be required of the Contracted Engineer. The outline is not intended to represent the entire scope of work but rather a substantial list of tasks required by the City.
1. Develop and manage the City’s Capital Improvement Program
2. Provide project management services including, evaluation, programming, design, and construction of capital projects
3. Oversight consultant of requests for proposals and/or construction services including the advertising and bid process for projects; evaluation of proposals and recommendations for project award; negotiation and administration of contracts for construction projects
4. Participate in initiating all capital improvement projects and programs, including defining project scope, determining project budget, and locating financial resources
5. Identify grant funding opportunities, develop and write grant applications, and manage grant reporting responsibilities
6. Participate in the review and conditioning of planning applications in relation to the City’s General Plan, infrastructure master plans, and overall capital needs of the City
7. Prepare plans, specifications, and estimates for projects delivered by the City
8. Represent the City within the community and with outside agencies
9. Ensure City compliance with all Federal, State, County, and local laws and regulations
10. Manage projects that are Federal, State, or locally funded following required policies including Caltrans Local Assistance Procedures Manual
11. Monitor and make recommendations in relation to changes in laws, regulations, and technology that may affect City operations; implement policy and procedure changes required
12. Prepare reviews and present staff reports and City engineering documents and reports on various projects and programs and attend City Council meetings as necessary
13. Review and comment on planning programs and land development controls
14. Provide an emergency response in times of infrastructure failure, unusual weather, and other disasters such as flooding, earthquake, fire, etc.
15. Provide utility interface and necessary with PG&E, cable, and other utility companies
16. Perform right-of-way engineering, mapping, and surveying as required for projects delivered by City
17. Provide construction management, inspection, and related support services as required for projects delivered by City
CITY OF ANGELS
City Engineer Statement of Qualifications
JUNE 24, 2022
SUBMITTED BY
Dewberry Engineers Inc.
11060 White Rock Rd., #200
Rancho Cordova, CA 95670
916.363.4210
SUBMITTED TO
CITY OF ANGELS
Rebecca Callen | City Administrator
PO Box 667
200 Monte Verda | Suite B
Angels Camp, CA 95222
1. COVER LETTER 1
June 24, 2022
City of Angels
Rebecca Callen, City Administrator
PO Box 667
200 Monte Verda | Suite B
Angels Camp, CA 95222
RE: City Engineer Statement of Qualifications
Dear Ms. Callen,
Dewberry Engineers Inc. (Dewberry) is pleased to present to you our qualifications to continue providing City Engineering Services for Angels Camp. At Dewberry, we take pride in delivering quality engineering services for our clients with a high level of customer service and attention and we hope the City agrees that we have successfully provided these services for the residents of Angels Camp for the past 3+ years. The Dewberry team is available and ready to provide engineering services for the City and we look forward to the opportunity to continue our successful partnership with the City.
At Dewberry, we believe that strong leadership is the key to successfully delivering engineering and public works services.
Recognizing this, we have teamed with R.E.Y. Engineers to bring onboard a seasoned Public Works professional engineer, Aaron Brusatori, PE, who has over 21 years of professional experience, including seven years at Amador County as the Public Works Director and Community Development Director. This unique experience will provide the City with the engineering experience and high level of customer service needed to oversee ongoing City projects and develop a long‑term plan for implementing Capital Improvement Projects within the City.
Aaron’s expertise will be supplemented on the water/wastewater side by Dave Richard, PE. Dave has over 40 years of experience with water/wastewater engineering and is a principal engineer with Dewberry, leading the Northern California Water/Wastewater group. Dave is intimately familiar with the City of Angels Wastewater facility as he was involved in the creation of the City of Angel’s Water and Wastewater Master Plan efforts with his previous firm and more recently as the City’s water/wastewater lead engineer under Dewberry’s existing City engineering contract.
Dewberry specializes in managing state and federally-funded projects, and we are intimately familiar with the Caltrans Local Assistance Procedures. We also have existing relationships with Caltrans District 10. This depth of experience, coupled with working with the City’s standards and staff, will provide the City with the value of an experienced team it seeks for any engineering assignment. In addition to the strength of our team and our excellent track record, we believe the Dewberry Team brings several other advantages to this project:
• Unrivaled technical expertise: The core team of Aaron Brusatori (City Engineer), Dave Richard (Water/ Wastewater), Matt Satow (Transportation), Rob Shackelford (Construction Management), Christa Redd (Environmental) and Rebecca Neilon (Funding/Grants) each has expertise in successfully delivering public works projects in this region and throughout California. To fortify our team, we bring key subconsultants (DBE certified if necessary) as needed to provide specialty services that are outside of Dewberry’s in-house expertise. • Depth of resources: With 40 registered engineers and 77 total full-time engineers/environmental/construction management and technical staff in Northern California, Dewberry is one of the region’s largest engineering/ environmental groups. This allows us the flexibility to provide the fast and responsive customer service that the City
1. COVER LETTER 2
Ms. Rebecca Callen
City Engineer Statement of Qualifications
June 24, 2022
expects from their consultants and assures you that your City engineering team will have the depth of resources needed to meet schedules and deliver engineering/environmental services efficiently.
As the California Leader of Dewberry, I have the authority to enter into a contract with the City of Angels. Dewberry’s proposal is valid for 90 days from the date of this submittal.
We appreciate your consideration of our team and look forward to further discussions with you regarding this proposal. If you have any questions or comments, I can be reached at 916.531.6331, via email at [email protected], or at the address provided above.
Sincerely,
Dewberry Engineers Inc.
Dennis Haglan, PE
Principal in Charge/Vice President
CITY OF ANGELS | STATEMENT OF QUALIFICATIONS FOR ENGINEERING SERVICES
1. COVER LETTER 1
2. PROJECT ORGANIZATION & KEY PERSONNEL 3
3. CONSULTANT QUALIFICATIONS & REFERENCES 11
4. BILLING RATE UPLOADED SEPARATELY
5. CONTRACT COMMENTS 16
RESUMES
TABLE OF CONTENTS
TABLE OF CONTENTS
CITY OF ANGELS | STATEMENT OF QUALIFICATIONS FOR ENGINEERING SERVICES
PROJECT ORGANIZATION & KEY
PERSONNEL
Approach to Providing City Engineer
Services
The City of Angels is seeking a qualified consultant to provide professional city engineering services with
extensive local agency experience and specific expertise in working with various departments to develop and
deliver programs and projects associated with private
developments and capital improvement projects for
water, wastewater, streets, drainage, transportation,
parks, and public facilities.
Dewberry Engineers, Inc. (Dewberry) believes that the key to successfully delivering engineering services and projects of any size or complexity is strong project management.
For this reason, we place a high priority on developing and maintaining a strong project organization and overall project management approach. From our experience,
we understand that providing engineering services for a city like Angels Camp can be demanding because of the
limited City resources, wide range of Public Works needs, schedule demands, and consensus building required.
Effective management will be critical to successfully
providing the engineering services needed by the City.
As requested, the proposed Dewberry team to provide
engineering services to the City covers a broad range of engineering activities. Dewberry proposes to provide
these services with a team of engineering specialists
led by Aaron Brusatori, PE. Aaron has over 21 years of
engineering experience, seven of which were served as
the Public Works and Community Development Director
of Amador County. In this role, Aaron managed the
delivery of public works services for the County, including the development and delivery of the County’s Capital
Improvement Program (CIP).
In his role as the Amador County Public Works Director, Aaron oversaw both transportation and facility projects which included the preparation and administration of
state and federal grants, procurement of consultants,
project scoping and estimating, assisting in the creation of a CIP database and coordinating activities with the
development and maintenance groups. Aaron regularly
prepared staff reports and made presentations to the
County Board of Supervisors and Amador Transportation
Commission on public works and development projects in
the County.
Aaron will be backed by a team of engineers and
professionals that specialize in water/wastewater
engineering, transportation, civil engineering, construction management/inspection, surveying, right of way
engineering, utility coordination, grant funding and
management, and state and federal funding procedures
including expertise with the Caltrans Local Assistance
Procedures Manual.
Specific Qualifications
Coordinating the City’s Water/Wastewater
Engineering Service Needs
Supporting the city engineer with water/wastewater
engineering will be Dave Richard, PE. Dave has over 40
years of experience with water/wastewater engineering
and has experience working in Angels Camp. Dave’s
history working in Angels Camp dates back to 2010, with his work at a previous firm in developing the City’s water and wastewater master plans and again in 2019 when
Dewberry started providing city engineering services
for Angels Camp with Dave serving as the City’s lead
water/wastewater engineer. In this role, Dave has led
the prioritization and delivery of the City’s critical water/ wastewater infrastructure projects, including:
•East Angels Trunk Sewer Replacement
• Main Street Sewer Replacement – Phase 1
•Emergency Operations Plan and Floodwater Plan
• Dam Break Inundation Mapping/Emergency Action
Plan
• Wastewater Treatment Plant Biosolids Handling
Improvements Project
• Wastewater Treatment Plant Salinity Evaluation and
Minimization Plan Update
2. PROJECT ORGANIZATION & KEY PERSONNEL 3
CITY OF ANGELS | STATEMENT OF QUALIFICATIONS FOR ENGINEERING SERVICES •Engineering Report for Production, Distribution,
and Use of Recycled Water (Title 22 Recycled Water
Report)
• NPDES Permit Renewal Application Package including
Report of Waste Discharge
• Water Treatment Plant Reliability and Resilience
Report
• Recycled Water Delivery System Improvements
Closeout Report
• Responses to Regulatory Inspections/
Correspondence
• Water Treatment Plant Improvements and Backwash
Recycling Project Management and Oversight
• Grant Documents Application
• Update of City Water and Wastewater System Maps
• Multiple Private Development Projects Infrastructure
Capacity/Connection Reviews
Dave has an excellent working relationship with the City water/wastewater staff and his approach to providing
water/wastewater engineering services to the City will
largely be focused around the City’s needs and direction.
Coordinating the City’s Transportation
Engineering Service Needs
Supporting the city engineer with transportation
engineering will be Matt Satow, PE. Matt has over 28
years of experience with transportation engineering and has worked in the Calaveras/Angels Camp region for
the past 10 years delivering transportation projects for the region. Under Dewberry’s existing City Engineering
Services contract, Matt led a number of priority
transportation projects, including the SR4/SR49 Project Initiation Document with Caltrans District 10, SR4/Foundry Lane Access project, SR 49 Sidewalks that was recently
constructed in 2020, and the Angels Camp Trails project which is currently in the environmental phase.
Matt has a thorough understanding of how to develop
and deliver transportation projects of all sizes and
specializes in delivering projects with state and/or federal funding. Matt has an excellent working relationship with Caltrans D10 management and staff and will advocate for the needs of the City of Angels in his role as the lead for Transportation Engineering Services under this contract.
Coordinating the City’s Construction
Management/Inspection Service Needs
Supporting the city engineer with construction
management/inspection will be Rob Shackelford, PE.
Rob has over 31 years of experience with construction
management/inspection and is Dewberry’s Northern
California Construction Management Leader. Rob and his
team provide construction management and inspection
for projects of all sizes, ranging from the $20M SR120/ Union Road Diverging Diamond interchange in Manteca to
smaller local projects like the SR 49 Sidewalks project and Murphys Grade Road Sidewalk Improvements project in
Angels Camp.
For federally funded projects that require Disadvantaged Business Enterprise (DBE) participation, we have also
included UNICO Engineering as part of the construction
management/inspection team as they are a certified DBE
with the State of California.
Rob and the Dewberry construction management/
inspection team have extensive experience in managing
and delivering projects in construction and specialize in projects with state and federal funding and projects on the State Highway System that require Caltrans oversight.
Coordinating the City’s Environmental
Service Needs
Supporting the city engineer with CEQA/NEPA
environmental clearance and permitting will be Christa
Redd. Christa has over 23 years of experience with
environmentally clearing projects through both CEQA
and NEPA. Christa is Dewberry’s Northern California
Environmental Leader and can lead the environmental
clearance of projects ranging in size and type from
infrastructure, annexations, specific plans, General Plan amendments, and zoning change projects.
Christa has an excellent working relationship with
both Caltrans District 6 and 10 environmental staff
as well as Caltrans Headquarters environmental staff
and understands how to successfully complete NEPA
compliance when federal funds are involved on a project.
Christa has successfully provided environmental clearance for the City on the SR 49 Sidewalks and Murphys Grade
Road projects and is currently working on clearing the
Angels Camp Trail project for both CEQA and NEPA.
2. PROJECT ORGANIZATION & KEY PERSONNEL 4
CITY OF ANGELS | STATEMENT OF QUALIFICATIONS FOR ENGINEERING SERVICES
2. PROJECT ORGANIZATION & KEY PERSONNEL
Coordinating the City’s Funding/Grant
Management Service Needs
Supporting the city engineer with leading the funding/
grant management assignments will be Rebecca Neilon,
PE. Rebecca has 19 years of experience providing
engineering and grant funding/management services
for public agencies. Rebecca and the funding/grant
management team offer the City a unique blend of public agency and private sector experience and can offer the
following:
Expertise in Regional, State, and Federal
Funding Programs and Strategic Positioning:
A deep understanding of the state and federal
transportation funding landscape and policy priorities is critical to developing funding strategies and positioning projects early on. Our team can assist the City in
evaluating projects and identifying potential funding
sources that best fit and developing and executing funding strategies. We can evaluate a project’s merits and how the project will compete in the various funding programs. If a project is not competitive, we can look at opportunities to rescope the project to better meet the criteria of a funding program.
Knowledge of Project Development and
Delivery: A key foundational element of grants is the
development of a clear project scope, cost, and schedule.
Early coordination with project sponsors is necessary to appropriately scope a project, develop realistic delivery schedules, and gain the support needed to advocate for
the project. Dewberry is experienced in managing large
infrastructure projects and developing funding strategies to get them funded through multiple sources and
sometimes over multiple phases. This working knowledge
and practical experience helps us to better scope projects and be strategic in pursuing funding.
A Team of Prior Local and State Agency Staff:
Our team’s experience working as staff for local, regional, and state transportation agencies gives us an intimate
familiarity of the funding programs, processes, and
requirements. We can immediately step in and manage
the grant process and understand the level of effort
and resources that will be needed for grant pursuits. In addition, we have maintained good working relationships and lines of communication with FEMA, Caltrans,
California Transportation Commission (CTC), CALCOG, and local agency (City/County) staff which is important during the grant development process.
Rebecca has successfully led past efforts to obtain
supplemental SB1 ATP grant funds for the SR 49 Sidewalks project and prepared numerous ATP grant applications
for the City. Rebecca has also assisted the City with
maintaining state and federal compliance of the City’s
grants and maintains an excellent working relationship
with both the Calaveras Council of Governments and
Caltrans District 10 Local Assistance staff that administer the state and federal grant funds awarded to the City.
Coordinating the City’s Surveying/Right-ofWay Engineering Service Needs Supporting the city engineer with any surveying or right of way engineering assignments will be Rob Markes from
UNICO Engineering. Rob has over 34 years of experience
with providing surveying and right-of-way engineering
services for public agencies. Rob and the UNICO team
have provided surveying and right-of-way engineering
services for a number of Calaveras County and City of
Angels projects including recent projects such as the SR 49 Sidewalks project and the Angels Camp Trails project.
UNICO is a certified DBE with the State of California and can assist the City in meeting their DBE goal on federally funded projects.
General Management Approach
Aaron’s management approach will largely be focused
around the City’s goals and direction. As he did in his previous role as the Public Works Director of Amador
County, Aaron intends to function as an extension to the City Administrator and staff and assist the City by whatever means necessary to reach their project goals and deliver outstanding public works services to the residents of
Angels Camp.
Management Plan
At Dewberry, we understand that your staff is busy,
so the Dewberry city engineer and team selected to
provide these services have been assembled to provide
responsive, quality services with minimal oversight. This is accomplished by placing an experienced city engineer in 5 CITY OF ANGELS | STATEMENT OF QUALIFICATIONS FOR ENGINEERING SERVICES
2. PROJECT ORGANIZATION & KEY PERSONNEL
charge of a team where everyone understands the City’s
goals and style preferred by the City staff.
The Dewberry team will be led by Aaron Brusatori, an
experienced city engineer and public works leader.
Aaron understands how to deliver exceptional public
works services, and will function as a true extension of your staff to provide you with the high level of service and responsiveness you should expect. Aaron lives in
neighboring Amador County and will commit to spending
one day a week in the City offices for these services.
Project Communications
Good communication is the foundation to successfully
delivering public works services; and we propose a team approach with a partnership interaction between the City staff, contract city engineer, and the Dewberry team.
Dewberry’s success in delivering public works services
relies on engaging project stakeholders throughout the
process to understand concerns and issues early, and
to ensure that all stakeholders understand the projects and services provided and meet defined expectations
related to the schedules and budgets. This is the approach Dewberry has taken in the past in the successful delivery of similar contracts, and we expect to implement the
same approach on this contract to efficiently provide city engineering services to Angels Camp. We attribute this to the following key success factors:
1. We take ownership of our work: Regardless of who is
responsible for the individual tasks, the Dewberry city engineer will track and monitor ALL city engineering
projects, project progress, where key documents
are in the review process, and how we can keep the
project schedules on track.
2. Project “Hot Sheets”: The city engineer will ensure
that each City project has a “Project Issues Log” – this documents the decisions, milestones, and current
issues that need attention or resolution. This is
updated continuously and submitted monthly to the
City.
3. Weekly Conference Calls: Weekly conference calls
will be mandatory for the city engineer and city
administrator to ensure: 1) effective communication;
2) proper attention is paid to the City’s priorities; and 3) schedules, tasks, and action items are adhered to.
4. Experience and Knowledge of Caltrans Processes:
Several of the Dewberry Principals are former
Caltrans employees that have a combined 66 years of
experience with Caltrans processes and procedures.
Additionally, Aaron has extensive experience
delivering Caltrans oversight projects; and Dewberry
staff currently provide staff augmentation services for other cities and agencies and are experienced with all
aspects of managing state and federal funding.
5. Political and Community Sensitivities: As with many
rural agencies, there are several concerns expressed
from the community, environmental groups,
regulatory agencies, governing bodies, etc. It is
important for the selected city engineer to be aware
of the outlying issues and sensitivities to be able
to effectively address and minimize issues that are
raised by the constituents.
Leadership
Successful public works projects require a sound
leadership approach designed to guide them, but with
enough flexibility to meet the demands of the various
parties involved. Aaron Brusatori has a wealth of
experience at successfully managing projects/programs,
including those that involve the public. He holds a
track record for moving projects along smoothly, on
time and within budget. His strong management and
PROJECT
COMMUNICATIONS
LEADERSHIP
COMMITMENT
OF
KEY STAFF
MONITORING
PROJECT
COSTS
MONITORING
PROJECT
SCHEDULE
MANAGEMENT
PLAN
6 CITY OF ANGELS | STATEMENT OF QUALIFICATIONS FOR ENGINEERING SERVICES effective coordination record will be key to successfully implementing engineering services within the City.
Monitoring Project Schedule
Depending on the type of task order and project, the
City Engineer will monitor project schedules that identify critical tasks and interrelationships of the various projects.
The City Engineer will use these schedules to effectively track critical path items and if applicable, funding
deadlines. Project schedule updates will be provided to the City on a monthly basis.
Monitoring Project Costs
Capital improvement projects are expensive. Our project goal is to identify improvements needed to comply with
the City/Caltrans standards while minimizing public
inconvenience. The Dewberry city engineer will monitor
project costs while continuously seeking cost reductions during the development of the Capital Improvement
Program.
Commitment of Key Staff and Adequate
Resources Necessary to Deliver Projects as
Promised
Dewberry recognizes the commitment that is being
made by providing the City of Angels with an on-call city engineer. Our city engineer and key staff will be dedicated to your project for the agreed upon hours and will provide you with quality services and be responsive to your needs.
Dewberry also is committing our Rancho Cordova office
resources to handle any other support tasks as needed.
Our commitment is backed by the appropriate number of
qualified staff necessary to get the projects completed on time.
Subconsultants
R.E.Y.
Established in 1985, R.E.Y. Engineers Inc. (R.E.Y.) has been providing state-of-the-art civil engineering and land surveying services for over 36 years. Headquartered in
the heart of historic Folsom, CA, with additional offices in Oakland, Palo Alto, and Pleasanton, R.E.Y. provides
a variety of solutions for projects in all phases, from feasibility study through design and construction. Their team of professional engineers, land surveyors, and
technical support staff prides themselves in customer
service and submitting high-quality deliverables. Key
public agency clients include:
• City of Galt
• City of Placerville
• City of Lincoln
UNICO Engineering (DBE)
Established in 2013, UNICO Engineering is a certified
DBE firm that is fully committed to providing high-quality construction management, systems engineering, and land
surveying services to public and private clients. UNICO serves clients throughout California with a current staff of over 80 from the corporate office located in Folsom, with branch offices in Oakland and San Diego and field offices in Sacramento, Woodland, and Angels Camp.
UNICO supports public agency clients with a variety of
staff augmentation roles, including project and program management, office engineering, construction oversight, surveying and right-of-way engineering, stormwater
compliance, and encroachment inspection. Current clients for staff augmentation include:
• City of Elk Grove
• City of Citrus Heights
•Town of Loomis
2. PROJECT ORGANIZATION & KEY PERSONNEL 7
CITY OF ANGELS | STATEMENT OF QUALIFICATIONS FOR ENGINEERING SERVICES The Dewberry Team
Dewberry is proud to offer the City of Angels a seasoned team who brings a depth of knowledge capable of meeting any technical challenge that may be presented. The philosophy that Dewberry brings to all of our projects is to provide outstanding professional staff and empower them to provide exceptional service to our clients. From our project managers, to the technical staff who support them, to the company principals who are ultimately responsible for client satisfaction, the Dewberry team is completely committed to providing the highest quality of service to the City. An organizational chart is provided below, identifying key individuals and their roles in project delivery. Qualifications and experience for key personnel follows along with their resumes, located at the end of this SOQ.
2. PROJECT ORGANIZATION & KEY PERSONNEL
PRINCIPAL-IN-CHARGE /
CONTRACT MANAGER
Dennis Haglan, PE
PROJECT TEAM
GRANT ASSISTANCE
Rebecca Neilon, PE
TRANSPORTATION
Matt Satow, PE
Miguel Ramirez, PE
Nathan Donnelly, PE
WATER/WASTEWATER
Dave Richard, PE
Khuong “KT” Tran, EIT
Zaid Ali
CITY ENGINEER
Aaron Brusatori, PE
CONSTRUCTION
MANAGEMENT
Rob Shackelford, PE, CCM
Hossein Naghibzadeh
ENVIRONMENTAL
Christa Redd
Jeff Bray
Lesley Haglan
SURVEY
Rob Markes
CITY OF ANGELS
SUBCONSULTANTS
R.E.Y. Engineers
UNICO Engineers (DBE)
Bold indicates key personnel
8 CITY OF ANGELS | STATEMENT OF QUALIFICATIONS FOR ENGINEERING SERVICES
2. PROJECT ORGANIZATION & KEY PERSONNEL
KEY PERSONNEL CURRENT WORKLOAD LOCATION
Dennis Haglan, PE RANCHO CORDOVA, CA
YEARS OF EXPERIENCE: 32
30% availability to provide
engineering services
• Madera County | SR 41 Expressway Widening
• City of Folsom | Empire Ranch Road Interchange over US 50 •San Joaquin County | Walnut Grove HBP Bridge Replacement Primary point of contact for contracting needs and task orders.
Provide contract management and oversight of staff providing City services.
Matt Satow, PE RANCHO CORDOVA, CA
YEARS OF EXPERIENCE: 28
30% availability to provide
engineering services
• Calaveras County | SR 4 Wagon Trail Realignment Phase 1 • City of Angels | Angels Camp Trails
•Stanislaus County | North County Corridor (New State Route 108) Primary point of contact for transportation projects and transportation engineering assignments.
Provide transportation project management.
Will either take lead or assign lead personnel for each assignment to best meet City’s needs.
Rebecca Neilon, PE RANCHO CORDOVA, CA
YEARS OF EXPERIENCE: 19
50% availability to provide
engineering services
•Amador County | Amador Bridge Replacement
• Company-Wide Grant Writing
• City of Sacramento | Hollow Sidewalks
Primary point of contact for grant funding/administration assignments Primary point of contact for Caltrans compliance questions/assignments.
Provide grant funding and management services.
Dave Richard, PE MANTECA, CA
YEARS OF EXPERIENCE: 44
50% availability to provide
engineering services
• City of Manteca | Zone 36/Zone 39 Storm Drain Improvements Project
• City of Angels | East Angels Trunk/Vallecito Road Sewer Replacement Project
• Placer County | Placer County Government Center (PCGC) Water, Sewer, & Stormwater Improvements Project.
Primary point of contact for water/wastewater projects and engineering assignments.
Will provide assistance on all regulatory matters along with operational advice. 9 CITY OF ANGELS | STATEMENT OF QUALIFICATIONS FOR ENGINEERING SERVICES
KEY PERSONNEL CURRENT WORKLOAD LOCATION
Rob Shackelford, PE, CCM RANCHO CORDOVA, CA
YEARS OF EXPERIENCE: 31
40% availability to provide
engineering services
• City of Concord | Ellis Lake Area Sanitary Sewer Improvements •Sacramento County | Power Inn Project
Primary point of contact for construction management and inspection questions and assignments.
Provide construction management and inspection services.
Christa Redd RANCHO CORDOVA, CA
YEARS OF EXPERIENCE: 23
50% availability to provide
engineering services
• City of Goleta | San Jose Creek Multipurpose Path Project • City of Angels | Angels Creek Trail
•San Joaquin County | Walnut Grove Bridge Replacement Project Primary point of contact for both CEQA/NEPA environmental clearance and permitting assignments.
Provide environmental clearance and permitting services.
Aaron Brusatori, PE FOLSOM, CA
YEARS OF EXPERIENCE: 21
40% availability to provide
engineering services
• City of Galt | City of Galt, On-Call Engineering Services Primary point of contact for City Administrator, lead engineer for Public Works Department, oversee all project delivery tasks.
Hossein Naghlbzadeh FOLSOM, CA
YEARS OF EXPERIENCE: 33
75% availability to provide
engineering services
• Calaveras County | SR 4/Wagon Trail Realignment, Phase 1 • City of Elk Grove | On-Call Staff Augmentation for Public Works Support role for construction management assignments, particularly when DBE goals must be satisfied.
Rob Markes FOLSOM, CA
YEARS OF EXPERIENCE: 34
40% availability to provide
engineering services
• City of Rancho Cordova | Sunrise Boulevard Widening
• City of Elk Grove | SR 99/Whitelock Parkway Interchange • City of Sacramento | Franklin Boulevard Complete Streets Primary point of contact for topographic mapping, right-of-way engineering, preparation of plats and legals, and construction staking assignments.
2. PROJECT ORGANIZATION & KEY PERSONNEL 10
CITY OF ANGELS | STATEMENT OF QUALIFICATIONS FOR ENGINEERING SERVICES
CONSULTANT QUALIFICATIONS &
REFERENCES
The following projects demonstrate Dewberry’s similar work experiences.
City of Angels, City Engineering Services
ANGELS CAMP, CA
Dewberry Engineers Inc. (formerly Drake Haglan & Associates, Inc.) was retained by the City of Angels since 2019 to provide On-call Contract City Engineer services in the areas of Transportation, Water/Wastewater, Grant Assistance, Construction Management/ Inspection, and Survey disciplines. Projects/assistance completed or in process with the City include:
•Angels Creek Trail Phase 1 Preliminary Engineering and Environmental Support • CEQA Information and Response to Questions from City Staff • City-wide Striping Project Design
• Dam Break Inundation Mapping/Emergency Action Plan
•East Angels Trunk Sewer Replacement
•Emergency Operations Plan and Floodwater Plan
•Engineering Report for Production, Distribution, and Use of Recycled Water (Title 22 Recycled Water Report)
•Engineering Technician Support Assistance
• Grant Documents Applications and Assistance
• Main Street Sewer Replacement – Phase 1
• Multiple Private Development Projects Infrastructure
Capacity/Connection Reviews
• Murphy’s Grade Sidewalk and Infill Project Design,
Environmental, and Construction Management
• NPDES Permit Renewal Application Package
• Responses to Regulatory Inspections/Correspondence
•SR-49 Sidewalk Infill Design, Right of Way,
Environmental, and Construction Management
• Update of City Water and Wastewater System Maps
• Wastewater Treatment Plant Salinity Evaluation and
Minimization Plan Update
• Wastewater Treatment Plant Biosolids Handling
Improvements Project
• Water Treatment Plan Improvements and Backwash
Recycling Project Management and Oversight
3. CONSULTANT QUALIFICATIONS & REFERENCES
CLIENT CONTACT INFORMATION
Chris O’Flinn (Water/Wastewater)
Amy Augustine (Private Development & Transportation)
City of Angels
PO Box 667
200 Monte Verda Street, Suite B
Angels Camp, CA 95222
209.736.2181
COMPLETION
ONGOING
KEY STAFF INVOLVED
Matt Satow
Rebecca Neilon
Dave Richard
Rob Shackelford
Christa Redd
11 CITY OF ANGELS | STATEMENT OF QUALIFICATIONS FOR ENGINEERING SERVICES Oakwood Lake Water District, On-Call Water and Wastewater System Engineering
MANTECA, CA
The Oakwood Lake Water District supplies drinking water to and wastewater conveyance for the Oakwood Shores subdivision and the adjacent Oakwood Lake Mobile Home Park in an unincorporated area of San Joaquin County southwest of the City of Manteca. The District serves 378 units in Oakwood Shores and 57 units in the mobile home park. Oakwood Shores has yet to be completed, with another 58 units scheduled for construction. There is also consideration to expand the development beyond the 123 remaining units. The District retained Dewberry to provide special studies, preliminary and final design, and construction management of multiple projects including:
Water Supply Master Plan Master plan to identify facility improvements to alleviate existing reliability and vulnerability deficiencies along with facilities for future expansion. Dewberry prepared an assessment of District facilities and modeled the distribution system using WaterCAD for existing conditions, buildout, and an expanded community. Design criteria were developed to correct deficiencies and identify improvements for future growth. A CIP list was developed for the proposed improvements including cost, triggers, and timelines to incorporate into a master plan for the District. The master plan included construction of an additional clearwell at the District WTP.
Collection System Master Plan The Collection System Master Plan (CSMP) defined capital improvement projects triggered by development within Oakwood Shores along with other improvements designed to sustain the long-term operation of the District. Preparation of the CSMP included determining unit wastewater flows, estimating infiltration/inflow and peak wet weather flow factors, assessing the condition of existing facilities, determining the reliability of pumping systems, calibrating the hydraulic model, evaluating available capacity of collection system, determining cost-effective system improvements to correct deficiencies, improving system reliability and operational flexibility, and aligning facility improvements with building unit construction phasing/absorption schedule. Financial data from the CSMP and nexus information was used by the District to prepare an equitable rate and impact fee structure for existing and future District customers.
Wastewater System Improvements Project Design of a 1.0 mgd submersible wastewater pump station to convey wastewater through 10,000-foot long, 8-inch diameter force main to the City of Manteca trunk sewer network. The pump station includes new electrical service, emergency generator with automatic transfer switch, odor control unit, pig launching system for force main maintenance, provisions for wet well overflow to emergency storage basin, and re-routing of force mains from existing pump stations within the District collection system. Design responsibilities included preparation of alternatives analysis and basis of design report, development of system/pump curves for multiple operational scenarios, development of detailed construction documents, and construction oversight.
Castellina Way Water Main Replacement Project Water is delivered to residential customers within the Oakwood Shores subdivision via a network of 12-inch distribution mains. The network has experienced a number of catastrophic pipeline failures due to poor installation of pipelines or defective materials. One area that has become particularly problematic for maintaining service is Castellina Way.
To improve system reliability, a replacement pipeline was installed and service laterals re-connected for residential customers. The project required development of a construction sequencing plan, utility potholing strategy, methodology for re-connection of residential services, and criteria for the horizontal/ vertical location of the new 12-inch distribution main. Other project tasks included coordination with utility service providers, preparation of contract requirements, development of opinions of probable construction cost, bid period assistance, engineering services during construction, and construction oversight.
3. CONSULTANT QUALIFICATIONS & REFERENCES
CLIENT CONTACT
INFORMATION
Bert Michalczyk
Oakwood Lake Water
District
PO Box 77980
Stockton, CA 95267
925.570.8830
COMPLETION
ONGOING
KEY STAFF INVOLVED
Dave Richard
Rob Shackelford
12 CITY OF ANGELS | STATEMENT OF QUALIFICATIONS FOR ENGINEERING SERVICES
3. CONSULTANT QUALIFICATIONS & REFERENCES
Calaveras Council of Governments,
On‑Call Planning and Engineering
Services
CALAVERAS COUNTY, CA
Dewberry provided the Calaveras Council of Governments
(CCOG) to provide on-call planning and engineering services in support of the region and the incorporated City of Angels.
The services provided under this contract include project scoping (scope, fee, schedule) for potential grants, grant writing, assisting member agencies with writing RFPs
and calculating DBE requirements, and assisting CCOG to manage the Calaveras Transit Program. Task Orders under this contract have included:
• Project Scoping for Murphys Grade Road project,
Project Management Services for SR 4/SR 49 PSR-PDS
•INFRA Grant Writing for Wagon Trail – SR 4
Realignment project, ATP Grant Writing for Various
Projects
• RFP Writing Assistance
•Funding and Advocacy Assistance for Wagon Trail – SR 4 Realignment project
CLIENT CONTACT INFORMATION
Melissa Raggio
Calaveras Council of Governments
444 East Charles St. / Highway 49
San Andreas, CA 95294
209.754.2094
COMPLETION
2021
KEY STAFF INVOLVED
Matt Satow
Rebecca Neilon
13 CITY OF ANGELS | STATEMENT OF QUALIFICATIONS FOR ENGINEERING SERVICES Subconsultant Reference Projects
R.E.Y. ENGINEERS
City of Galt, On-Call Engineering
Services
GALT, CA
R.E.Y. is providing on-call, as-needed engineering services to the City under a master services agreement. R.E.Y. has performed three task orders under the agreement:
• Greenwood Cottages
•Simmerhorn Ranch
•Liberty Ranch
CLIENT CONTACT
INFORMATION
Judy Huston
City of Galt
380 Civic Drive
Galt, CA 95632
209.366.7260
COMPLETION
ONGOING
KEY STAFF INVOLVED
Aaron Brusatori
City of Fort Bragg, Maple Street Storm
Drain & Alley Rehabilitation
FORT BRAGG, CA
R.E.Y. provided a full range of project management, civil design and land surveying services for improvements for the Maple Street and Alley Rehabilitation Project. The
project replaced over 1,000 feet of storm drain, installed additional storm drain inlets, installed domestic water main crossings, removed and replaced pavement and
installed multiple new standardized ADA curb ramps. In addition, the project rehabilitated four alleys, improving localized flooding issues by providing positive drainage away from structures.
CLIENT CONTACT
INFORMATION
Chantell O’Neal
City of Fort Bragg
416 North Franklin Street
Fort Bragg, CA 95437
916.727.4736
COMPLETION
2021
KEY STAFF INVOLVED
Aaron Brusatori
City of Rocklin, On-Call Services
ROCKLIN, CA
R.E.Y. is assisting the City of Rocklin to repair observed pavement defects by means of removal and replacement,
digouts and application of geosynthetic pavement
interlayer to repair these roads for future pavement
maintenance efforts. R.E.Y. evaluated FDR and removal
and replacement to develop a cost-effective solution to reconstruct a length of Blue Oaks Blvd. For this project, removal and replacement was the selected solution.
Improvements to other segments include standard digout
and replace to repair visible failures in the surface.
3. CONSULTANT QUALIFICATIONS & REFERENCES
CLIENT CONTACT
INFORMATION
Keith Jukes
City of Rocklin
3970 Rocklin Rd.
Rocklin, CA 95677
916.625.5511
COMPLETION
ONGOING
KEY STAFF INVOLVED
Aaron Brusatori
14 CITY OF ANGELS | STATEMENT OF QUALIFICATIONS FOR ENGINEERING SERVICES
UNICO ENGINEERING
City of Elk Grove, Design Project
Management Services
ELK GROVE, CA
As a subconsultant to Interwest, UNICO is providing
design project management services to the City of Elk
Grove, including providing constructability reviews for capital improvement projects and managing contracts for compliance with state and federal funding requirements.
CLIENT CONTACT
INFORMATION
Kristin Parsons
City of Elk Grove
8401 Laguna Palms Way
Elk Grove, CA 95758
916.478.2236
COMPLETION
ONGOING
KEY STAFF INVOLVED
Hossein Naghibzadeh
City of Citrus Heights, On-Call
CITRUS HEIGHTS, CA
Since 2014, UNICO has provided on-call staff
augmentation to the City of Citrus Heights as part of their On-Call Contract, including stormwater compliance,
project management, office engineering, encroachment
inspection, and land surveying and right-of-way
engineering.
CLIENT CONTACT
INFORMATION
Regina Cave
City of Citrus Heights
6360 Fountain Square Dr.
Citrus Heights, CA 95621
916.727.4736
COMPLETION
ONGOING
KEY STAFF INVOLVED
Rob Markes
Town of Loomis, On-Call
LOOMIS, CA
Since 2017, UNICO has provided on-call staff
augmentation as part of their On-Call Contract to the
Town of Loomis, including stormwater compliance,
project management, office engineering, encroachment
inspection, and land surveying and right-of-way
engineering.
3. CONSULTANT QUALIFICATIONS & REFERENCES
CLIENT CONTACT
INFORMATION
Merrill Buck
Town of Loomis
PO Box 1330
Loomis, CA 95650
916.652.1840
COMPLETION
ONGOING
KEY STAFF INVOLVED
Rob Markes
15 CITY OF ANGELS | STATEMENT OF QUALIFICATIONS FOR ENGINEERING SERVICES
BILLING RATE
Submitted in a separate file.
CONTRACT COMMENTS
Dewberry respectfully requests the following changes to Article V “Allowable Costs and Payments” of the sample agreement provided with the RFQ:
CONSULTANT will be reimbursed for hours worked at the hourly rates specified in the CONSULTANT’s approved Cost Proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee.
These rates are not adjustable for the performance period set forth in this CONTRACT. CONSULTANT’s hourly rates of compensation and directs costs may be adjusted annually, if approved by the CITY’s Contract Administrator, to incorporate such things as cost of living adjustments and changes to the Internal Revenue Service mileage reimbursement rate. CONSULTANT will be reimbursed within thirty (30) days upon receipt by CITY’S Contract Administrator of itemized invoices in duplicate.
4. BILLING RATE / 5. CONTRACT COMMENTS 16
CITY OF ANGELS | STATEMENT OF QUALIFICATIONS FOR ENGINEERING SERVICES Dennis Haglan, PE
PRINCIPAL-IN-CHARGE / CONTRACT MANAGER
Dennis has 32 years of experience in transportation design, construction, and project management for state and local agency projects. Dennis spent eight years at Caltrans as structures representative, resident engineer and structures local assistance engineer, and oversaw the federal Highway Bridge Program (HBP). His proactive management approach has resulted in the consistent delivery of contract documents on or ahead of schedule.
These management styles and techniques have earned Dennis a reputation among local agency officials as an excellent partner on public works projects.
As the principal-in-charge and contract manager, Dennis will provide project oversight, including an internal review of the project budgets and schedules. He will assist the team with necessary company resources based on the City of Angels’ needs.
City of Angels Camp, On-Call City Engineering Services, Angels Camp, CA.
Principal-in-charge in support of Dewberry’s contract as the city engineer for transportation, water, and wastewater projects in the City of Angels. Projects have included the Angels Creek Trail, Main Street Business District Sidewalk and Bike Lane Infill, Murphys Grade Sidewalk Infill, SR 4/SR 49 PSR/PDS, wastewater infrastructure improvements, and special studies.
Calaveras Council of Governments, On-Call Support Services, Calaveras County, CA.
Principal-in-charge for an on-call contract serving as an extension of Calaveras Council of Governments staff to handle Caltrans coordination, develop funding strategies and prepare grant proposals for various federal and state grants.
Calaveras County (District 10), Wagon Trail (SR 4) Realignment Project, PA/ED, Calaveras County, CA.
Principal-in-charge for design of the realignment of 6.5 miles of SR4 through Calaveras County to improve traffic efficiency and safety through the corridor. The Project Approval & Environmental Documentation (PA&ED) phase of the project evaluated alternatives to improve the safety through this corridor including evaluating and providing solutions for existing deficiencies such as inadequate horizontal and vertical sight distance, intersection geometry, and improving visibility and safety for pedestrian crossings.
City of Placerville, Hangtown Creek Sewer Relocation, Placerville, CA.
Principal-in-charge for the relocation design of a 16-inch trunk sewer that is aligned within Hangtown Creek. Existing issues arise from wet weather impacts from the alignment within the creek and building laterals accessibility that cross the creek. The project will intercept the sewer trunk and reroute along a portion of Main Street to connect to an existing 24-inch sewer. Sewer laterals serving the commercial area will be rerouted from north of the existing trunk to a southerly direction to connect to the new sewer trunk in Main Street. Project design includes extensive provisions for construction sequencing and traffic control.
• FIRM ASSOCIATED
WITH
Dewberry Engineers Inc.
• EDUCATION
BS Civil Engineering •
University of California,
Davis • 1989
• REGISTRATIONS
Professional Engineer • CA
#C51985 • 1992
• YEARS OF EXPERIENCE
Dewberry • 14
Total • 32
RESUMES 17
CITY OF ANGELS | STATEMENT OF QUALIFICATIONS FOR ENGINEERING SERVICES Aaron Brusatori, PE
CITY ENGINEER
Aaron is a California registered professional engineer with over 20 years of experience in the planning, design, construction and administration of public and private infrastructure and land development projects. Aaron has served as the community development director, public works director, and road commissioner for Amador County, was elected to the Amador City Council, and served as Mayor during Amador City’s Main Street Bridge Replacement Project, a major project for the City. His civil engineering background and public agency experience, combined with his public service holding political offices, give him unique insight into the needs and priorities of public agencies and stakeholders.
City of Lincoln On-Call Plan Check Services, Lincoln, CA.
Project manager responsible for providing as-needed plan check services to the City of Lincoln’s Development Services Department as part of the permitting process for development. Plan check projects include multiple housing and commercial developments throughout the City, including over 700 single family lots and 11 acres of commercial development.
Feather River Boulevard State of Good Repair, Yuba County, CA.
Project manager for this complete streets project to add class II bike lanes, fill sidewalk gaps, replace sections of degraded sidewalk, and provide pedestrian lighting and ADA compliant bus stops on Feather River Boulevard. The project required close coordination with Yuba County to address shallow drainage infrastructure and utility conflicts and Yuba Sutter Transit to locate proposed bus stops and coordinate construction impacts to routes.
The project will ultimately provide 1,400 feet of continuous class II bike lanes and ADA compliant sidewalks along both sides of Feather River Boulevard from Alicia Avenue on the west to Arboga Road on the east.
Willow Creek Estates Storm Drain Rehabilitation, Folsom, CA.
Project manager for this project to address a sinkhole issue caused by failure of an underground storm drainage system in the Willow Creek Estates subdivision. Evaluated options for the rehabilitation of the underground system which included fusible PVC and Cured in Place Pipe (CIPP). Consulted with several contractors to determine expected construction costs and feasibility for both options. Determined that CIPP was the preferred rehabilitation method, analyzed capacity changes associated with the installation of the selected option, and prepared improvement plans for the rehabilitation of the storm drain conduits. Provided construction drawings, bid support, and on-site construction observation.
Mosquito Road & Spring Street Pavement Rehabilitation, Placerville, CA.
Project manager to rehabilitate two streets in Placerville. Rehabilitation methods considered included HMA overlay with or without geotextile reinforcement, conventional removal and replacement with a standard HMA pavement section, in-place pavement recycling/chemical stabilization (FDR), and a combination of these options. Identified opportunity to include a bid alternate to allow the option to bid the project assuming either conventional removal and replacement with a standard HMA Pavement section or in-place pavement recycling/chemical stabilization (FDR).
RESUMES
• FIRM ASSOCIATED
WITH
R.E.Y. Engineers
• EDUCATION
BS • Civil Engineering
• California Polytechnic
State University of San
Luis Obispo • 1998
• REGISTRATIONS
Professional Engineer • CA
#64384
• YEARS OF EXPERIENCE
R.E.Y. • 4
Total • 21
• CERTIFICATIONS
MTC StreetSaver Distress
MTC Pavement Condition
Assessment
18 CITY OF ANGELS | STATEMENT OF QUALIFICATIONS FOR ENGINEERING SERVICES Matt Satow, PE
TRANSPORTATION
Matt has 27 years of experience in the planning, design and construction of transportation projects, as well as the facilitation of numerous public meetings and presentations for transportation projects. He has been responsible for the preparation of plans, specifications and estimates (PS&E) for a wide variety of transportation projects, including road and bridge widening, traffic signal, corridor enhancement/beautification projects and bikeway/pedestrian improvement projects. Matt is very knowledgeable of both local agency and Caltrans project development processes and has successfully delivered projects with all types of funding, including State Transportation Improvement Program (STIP) funds, Federal Surface Transportation funds, and Federal Highway Bridge Program (HBP).
Calaveras Council of Governments (District 10), On-Call Support Services, Various Cities, CA.
Worked as an extension of Calaveras Council of Governments staff to handle Caltrans coordination, develop funding strategies and prepare grant proposals for various federal and state grants.
Calaveras County (District 10), Wagon Trail (SR 4) Realignment Project, PA/ED, Calaveras County, CA.
Project manager for realignment of 6.5 miles of SR4 through the rural communities of Calaveras County to improve traffic efficiency and safety through the corridor. Led the team through the Project Approval & Environmental Documentation (PA&ED) phase of the project that evaluated alternatives to improve the safety through this corridor. This included evaluating and providing solutions for the existing deficiencies through the corridor, such as inadequate horizontal and vertical sight distance, intersection geometry, and improving visibility and safety for pedestrian crossings.
City of Angels Camp, Angels Creek Trail, Angels Camp, CA.
Project manager for this project which provides a non-motorized connection to the historic downtown for two residential communities who can only access downtown by driving. This 1.5- mile trail segment will close a critical gap in infrastructure and begin implementation of the larger Angels Creek Trail which when completed will be a 5-mile Class 1 trail providing access to New Melones Reservoir just south of the City. Dewberry is providing preliminary engineering, environmental clearance, and bid documents for this popular community project.
City of Angels Camp, Main Street Business District Sidewalk and Bike Lane Infill, Angels Camp, CA.
Project manager for this pedestrian and bicycle improvement project which is in historical downtown Angels Camp and is primarily funded by CMAQ funds. The project includes several pedestrian and bicycle improvements in the City, as well as sidewalk infill along SR 49, a Class 1 Trail along Angels Creek and Vallecito Road, and Class 3 route improvements on Finnigan Lane. With Dewberry’s assistance, the City was recently awarded a $1 million ATP grant to complete the funding plan for construction of this project.
RESUMES
• FIRM ASSOCIATED
WITH
Dewberry Engineers Inc.
• EDUCATION
BS • Civil Engineering •
California State University,
Sacramento • 1994
• REGISTRATIONS
Professional Engineer • CA
#C58212 • 1998
• YEARS OF EXPERIENCE
Dewberry • 9
Total • 27
19 CITY OF ANGELS | STATEMENT OF QUALIFICATIONS FOR ENGINEERING SERVICES Rebecca Neilon, PE
GRANT ASSISTANCE
Rebecca has more than 18 years of experience in supporting local agencies during project development and delivery. Through several contract city engineer positions and on-call support roles, Rebecca has helped obtain and administer funding for a wide variety of projects. In addition to funding support, Rebecca has an extensive background coordinating with Caltrans Local Assistance and Capital Projects. Rebecca’s agency funding and grant writing support roles grew out of lessons learned while managing transportation projects ranging from small rural intersections and bike/ped paths to large state highway interchanges.
City of Angels Camp, On-Call City Engineering Services, Angels Camp, CA.
City engineer. Rebecca provided staff augmentation for the City of Angels Camp in support of the contract City Engineer by investigating City Council and residents’ concerns related to public infrastructure, reviewing site plans for building permits, coordinating with other public agencies, updating the City Improvement Standards, and assisting with delivery of the City’s Capital Improvement Program. In this role, Ms. Neilon utilized her knowledge of Caltrans Local Assistance Programs and Procedures, as well as grant writing and program management.
Calaveras Council of Governments, On-Call Support Services, Calaveras County, CA.
Contract planner supporting the Calaveras Council of Governments (CCOG) by providing staff augmentation and as-needed planning support. Assisted CCOG with preparation of the Procurement Guide section of the Calaveras Transit Agency Policies and Procedures Manual. She then used that Procurement Guide to assist CCOG with the documentation necessary to procure an emergency power back-up generator for the transit center. In addition, assisted with the 2020 Regional Transportation Plan (RTP) update through development of a web-based interactive survey through the MetroQuest Platform. This web-based survey helped CCOG accomplish a rigorous community outreach effort during the 2020 safer-at-home order.
Calaveras Council of Governments, SR 4/Wagon Trail Realignment Project Grants, Calaveras County, CA.
As a member of the project management assistance team, Rebecca served as grant writer/funding specialist and prepared several highly-ranked funding grant applications.
These large ask competitive funding programs require a higher level of effort to document the need for the project and quantify the anticipated benefits. Rebecca and her team prepared and submitted the following applications for this project: Federal Lands Access Program (FLAP), Infrastructure for Rebuilding America (INFRA), Transportation Investment Leading to Economic Recovery (TIGER), and most recently Better Utilizing Investments to Leverage Development (BUILD). This project was ultimately funded through the State and Local Partnership Program (LPP) utilizing the grant content Rebecca prepared.
RESUMES
• FIRM ASSOCIATED
WITH
Dewberry Engineers Inc.
• EDUCATION
MS • Civil Engineering
• California Polytechnic
State University, San Luis
Obispo • Pending
BS • Civil Engineering
• California Polytechnic
State University, San Luis
Obispo • 2002
• REGISTRATIONS
Professional Engineer • CA
#C73737
• YEARS OF EXPERIENCE
Dewberry • 5
Total • 18
20 CITY OF ANGELS | STATEMENT OF QUALIFICATIONS FOR ENGINEERING SERVICES Dave Richard, PE
WATER/WASTEWATER
Dave has 44 years of experience in water resources and wastewater engineering, specializing in water supply and distribution; wastewater conveyance, treatment, reuse, and disposal; and stormwater conveyance. Dave has been responsible for the planning, design, permitting, construction oversight, startup, trouble-shooting, and peer review of water supply, treatment, storage, and distribution system improvements for agencies throughout Northern California.
City of Angels On-call Water and Wastewater System Engineering, Angels Camp, CA.
On-call city engineer for water supply and distribution and wastewater conveyance, treatment, and disposal. Recent projects have included:
• System Modeling: Create and maintain distribution system hydraulic model, identify system deficiencies and reliability issues.
• Regulatory Assistance: Reports/technical documents preparation for the Division of Drinking Water, USEPA, and RWQCB, preparation of grant funding application for resiliency enhancements, and operational advice. • East Trunk Sewer/Vallecito Road Sewer Replacement: Design of replacement 10-inch to 18-inch sewers to support future development. Repair/ replacement will include cured-in-place lining, pipe bursting, and removal/ replacement.
• Main Street Sewer Replacement (Church Street to Vallecito Road):
Design of sewer line replacement within the historic business district. Minimizing disruption is critical, therefore, evaluations of methods for replacement or repair have been undertaken. CCTV videos were reviewed by staff certified by NASSCO for pipeline (PACP), manhole (MACP), and lateral (LACP) assessment. An Encroachment Permit will be required from Caltrans.
Placer County On-Call, Task Order for Placer County Government Center Tier 1 Improvements Project, North Auburn, CA.
Project manager for design of utility improvements for the 200-ac PCGC. Improvements will support a new Health and Human Services Center. Improvements include 5,750 feet of 12‑inch waterline, 2,300 feet of 15- and 18-inch sewer, 950 feet of 24- and 30-inch storm drain, and expansion of Detention Basin 2A. Waterline connections were coordinated with and designed to the specifications of PCWA and NID.
Oakwood Lake Water District (OLWD) On-call Assistance, Manteca, CA.
Project manager for planning, design, and construction engineering assistance for multiple projects including:
• Wastewater System Improvements
• Castellina Way Water Main Replacement Project
•Storage Tank Siting Study
• Water Supply Master Plan
RESUMES
• FIRM ASSOCIATED
WITH
Dewberry Engineers Inc.
• EDUCATION
MS • Environmental
Engineering • University of
California, Davis • (1992)
BS • Civil Engineering
(Sanitary Option) •
Michigan Technological
University • 1978
• REGISTRATIONS
Professional Engineer • CA
#C33479
• YEARS OF EXPERIENCE
Dewberry • 4
Total • 44
21 CITY OF ANGELS | STATEMENT OF QUALIFICATIONS FOR ENGINEERING SERVICES Rob Shackelford, PE, CCM
CONSTRUCTION MANAGEMENT
Rob has 30 years of experience providing comprehensive transportation and construction management leadership. He has worked on over $1 billion in transportation and public works projects. Rob has managed over a dozen on-call contracts placing staff on a wide range of public works projects, including emergency activities. Rob has worked for Caltrans and managed locally assisted projects with Caltrans and FHWA oversight and knows the importance of the detailed reporting requirements tied to projects that have a mix of funding.
Murphys Grade Road Construction Management, Angels Camp, CA.
Project manager/resident engineer for the $1.95 million project to build a series of new downtown sidewalks for the City in the vicinity of Main Street and along Murphys Grade Road to serve Bret Harte High School and the surrounding community. His responsibilities included the roadway improvements and sidewalk network along with storm drain, sanitary sewer, and waterline systems to be rebuilt and/or relocated.
On-Call Construction Management/Construction Inspection Services, Stanislaus County, CA.
Resident engineer/structures representative responsible for providing on-call construction management and inspection services for a variety of projects including the $1.5 million Shiells Road Bridge Replacement Project, $1.1 million Tegner Road Bridge, $14.7 million Morgan Heavy Equipment Shop, $700,000 Airport Neighborhood Sewer (Phase I) reconstruction and a series of other County roadway projects. Several of the projects had Caltrans oversight.
Oakwood Lake Water District Wastewater System Improvements Project – Lift Station No. 4; Manteca, CA.
Resident engineer for oversight inspection services on the $3.3 million project to build a new sanitary sewer lift station and force main system. The new Lift Station No. 4 delivers effluent from a series of lift stations and an aging, separate wastewater plant to a new 2,800 LF 8-inch force main connecting to the City’s sewer system. The project involved a new pipe network, wet well with pumps, large concrete structures, electrical systems, and mechanical systems along with domestic water and storm drain upgrades.
Placer County, Dowd Road over Markham Ravine Bridge Replacement, CA.
Resident engineer and structures representative for this $2.6 million bridge replacement project. Project highlights included removal of the existing bridge over Markham Ravine and construction of a two-span cast-in-place post-tensioned voided concrete slab bridge founded on 30-inch diameter CIDH piling, Work involved construction over an environmentally sensitive creek which required tight work windows, bird exclusion efforts.
Placer County, Morton Road Emergency Bridge Replacement, Alta, CA.
Assistant resident engineer on the $1.6 million emergency bridge replacement that had experienced severe storm damage. The project installed CIDH piles, pre-cast girders and approaches in a location with extremely difficult access. Assisted the County with a field review, performed a constructability review, and managed the 45 day project to restore the roadway for residents.
RESUMES
• FIRM ASSOCIATED
WITH
Dewberry Engineers Inc.
• EDUCATION
BS • Civil Engineering •
Ohio State University •
1991
• REGISTRATIONS
Professional Engineer • CA
#C56916 (1997)
CMAA Certified
Construction Manager •
#2623 (2014)
UPRR Orientation
Certified •
#UICTORUSCA081601153
• YEARS OF EXPERIENCE
Dewberry • 6
Total • 31
22 CITY OF ANGELS | STATEMENT OF QUALIFICATIONS FOR ENGINEERING SERVICES Christa Redd
ENVIRONMENTAL
Christa has 23 years of experience providing environmental documentation for transportation and water-related infrastructure projects, as well as private residential, commercial, and industrial developments, and alternative energy projects. Her work has included both CEQA and NEPA analysis for environmental documents that supported infrastructure, annexation, specific plan, General Plan amendment, and zoning change projects. Her responsibilities have included all aspects of project management, including coordination of technical studies, public meetings, client coordination, schedule compliance, and presentations to public decision makers. Throughout her career, Christa has guided local agencies through the environmental process and is able to bridge the gap between local, state, and federal agencies to provide efficient CEQA and NEPA approvals.
City of Manteca, Zones 36/39 Storm Drain Pipeline Project, Manteca, CA.
Environmental project manager for the Zones 36/39 Storm Drain Pipeline Project. The project will provide a storm drain system in the City of Manteca along Woodward Avenue and Aplicella Court through the former wastewater treatment facility to an outfall into the San Joaquin River. Dewberry is providing the engineering, environmental compliance, and permitting for this project. Christa oversaw the environmental team to prepare technical studies and the IS/MND. She also worked closely with the permitting team to ensure that the technical studies and environmental document supported the permits.
Stanislaus County, Addendum to the EIR for the Crows Landing Industrial Business Park Specific Plan, Crows Landing Industrial Business Park (CLIBP), CA.
Environmental project manager for the infrastructure changes to the CLIBP Specific Plan.
The CLIBP is a planned industrial business park west of Crows Landing. As engineering progressed for Phase 1A, the CLIBP infrastructure was modified. The modified water, wastewater, and drainage systems differed enough from the original EIR to require additional analysis. Christa prepared an Addendum to the CLIBP Specific Plan EIR for Stanislaus County to analyze these project changes.
City of Angels, Angels Creek Trail Project, Angels, CA.
Environmental project manager to provide environmental clearance under CEQA and NEPA. This first phase, of a 5-mile trail, connects the Stelte Park subdivision, Greenhorn Creek subdivision, and historic downtown Angels Camp. The project will construct a Class I trail from Kurt Drive to Main Street along Angels Creek, and a Class III trail from Main Street to Greenhorn Creek Road along Finnegan Lane. Key issues include biological resources, cultural resources, hazards and hazardous materials, and construction noise.
City of Stockton, Holman Road Extension Project,Stockton, CA.
Environmental project manager for a developer funded project. Prepared an addendum to the Envision Stockton 2040 General Plan (adopted 2018) EIR for the City for the Holman Road extension, and subsequent bridge over Bear Creek. Oversaw the environmental team as they obtained permits for the project.
RESUMES
• FIRM ASSOCIATED
WITH
Dewberry Engineers Inc.
• EDUCATION
MS • Environmental and
Natural Resource Sciences
• University of Nevada,
Reno • 2005
Certificate, Land Use and
Environmental Planning
• University of California
Davis, Extension • 2003
BS • Environmental
Science Oregon State
University • 1998
• REGISTRATIONS
Professional Engineer • CA
#C51985 • 1992
• YEARS OF EXPERIENCE
Dewberry • 3
Total • 23
23 CITY OF ANGELS | STATEMENT OF QUALIFICATIONS FOR ENGINEERING SERVICES Hossein Naghlbzadeh
CONSTRUCTION MANAGEMENT
Hossein has 33 years of public sector experience, including inspection and construction management of public infrastructure projects such as roadways and bridges. Hossein has a strong work ethic and is experienced working in a team environment, including managing teams comprised of various consultants, contractors, surveyors, and private developers resulting in successful completion of high-profile projects. He has been responsible for project management, including coordinating with developers and project stakeholders; writing staff reports for Council; delivering project presentations to Council; construction management and inspection, and compliance with local, state, and federal project requirements.
On-Call Public Works Staff Augmentation, Elk Grove, CA.
Project manager providing staff augmentation services to the City of Elk Grove in the Public Works Department. Assignments include providing constructability reviews for capital improvement projects, as well as managing contracts for compliance with state and federal funding requirements.
Large Diameter Sewer Pipe Cleaning and Inspection, Sacramento, CA.
Construction manager responsible for pipe cleaning and inspections consisting of castin-place and reinforced concrete pipe, constructed about 18 to 113 years ago. About 2,141 feet of the 60- and 72-inch diameter pipe consisted of fiberglass reinforced pipe (FRP) constructed about 9 to 15 years ago. The pipe also includes 250 feet of cured in place lined pipe (CIPP) and 225 feet of steel (CI) pipe. None of this pipe is known to have been cleaned since original construction. Responsible for construction management and inspection, including contract management, staffing, and client relations.
City of Roseville, Public Works Department, Roseville, CA.
Associate engineer provided construction management and inspection supervision of capital improvement projects. Responsible for direct supervision of City-hired consultants and City-assigned inspectors on capital improvement projects and reviewed construction contracts to confirm compliance with City, state, and federal requirements. While with the City, completed multiple projects, including:
•Fiddyment Road Widening
• Berry Street/Reserve Drive Extension
•Vernon Street Streetscape
• Oak/Washington Roundabout
• Downtown Bridges
• Historic District Streetscape
• Douglas Road/I-80 Tunnel/Flyover
• Pleasant Grove/65 Bridge Widening
•Townsquare Plaza
•Industrial Avenue Bridge Replacement
• Galleria Boulevard/South Off-Ramp Widening
RESUMES
• FIRM ASSOCIATED
WITH
UNICO Engineering
• EDUCATION
MS Industrial
Management • Central
Missouri State University
• 1983
BS Construction
Engineering • Missouri
Western State University
• 1981
• YEARS OF EXPERIENCE
UNICO • 3
Total • 33
• CERTIFICATIONS
Caltrans Resident
Engineer Academy
Supervisory Academy
Inspection Academy
Traffic Safety within Work
Zone Academy
24 CITY OF ANGELS | STATEMENT OF QUALIFICATIONS FOR ENGINEERING SERVICES Rob Markes
SURVEY
Rob has worked in the survey industry for 34 years. As crew chief, Rob oversees field procedures and is responsible for all office and field personnel. He is an experienced, survey crew chief, excelling in topographic mapping, construction staking, and boundary surveys. His land surveying expertise includes supervising and performing global positioning system surveys, topographic surveys, aerial control surveys, horizontal and vertical control networks, title surveys, boundary surveys, cadastral surveys, geodetic surveys, engineering surveys and construction surveys, plus construction control and staking for a wide range of projects.
SR 4/Wagon Trail Realignment, Phase 1, Calaveras County, CA.
Principal land surveyor/survey project manager. This project realigned approximately three (3) miles of SR 4 from Bonanza Mine Way to Appaloosa Road to meet current design standards. As part of the final design for Phase 1, UNICO performed surveying services, including boundary, right of way, topographic surveys, and mapping services.
UNICO also prepared plats and legal descriptions to support right of way requirements.
The project required close coordination with Caltrans to set control and to approve the necessary aerial layout and flight plan following the A-B-C Process. Responsible for topographic survey and right of way engineering.
SR 132 West Freeway/Expressway, Phase 1, Modesto, CA.
Survey manager. This project constructed a four-lane freeway/expressway on a new alignment in Stanislaus County and in the City of Modesto from SR 132 west of Dakota Avenue to east of SR 99 at Needham Street. The project increased capacity, provided congestion relief, enhanced safety for SR 132 and provided a much-needed eastwest freeway/expressway just north of downtown Modesto. Responsible for contract management, mapping, and QA/QC.
US 50/Western Placerville Interchange Improvements, Phase 2, Placerville, CA.
Survey manager. This project provided improvements on and around US 50 at the Western end of Placerville. Phase 2 improvements included US Highway 50 eastbound off-ramp to Ray Lawyer Drive and local road improvements to Forni Road and Ray Layer Drive. The local road improvements accommodate the new eastbound on-ramp and future on/off ramps associated with the project. Responsible for contract management, quality control, design field surveys and construction staking.
RESUMES
• FIRM ASSOCIATED
WITH
UNICO Engineering
• YEARS OF EXPERIENCE
UNICO • 8
Total • 34
25 www.dewberry.com
4. BILLING RATE 1
BILLING RATE
As requested, we are providing billing rate schedules for the Dewberry team. The Dewberry schedule shows the individual key staff with their billing rates along with a listing of support staff that may be utilized on projects for the City of Angels. Additionally, we are providing billing rate schedules for our two subconsultants, REY Engineers Inc. and UNICO Engineering.
If you have any questions regarding the charge rate schedules and/or require additional information, please do not hesitate to contact us.
Sincerely,
Dewberry Engineers Inc.
Dennis Haglan, PE
Principal in Charge/Vice President
4. BILLING RATE 2
4. BILLING RATE 3
4. BILLING RATE 4
4. BILLING RATE 5
4. BILLING RATE 6
4. BILLING RATE 7
4. BILLING RATE 8
4. BILLING RATE 9
4. BILLING RATE 10
4. BILLING RATE 11
4. BILLING RATE 12
4. BILLING RATE 13
4. BILLING RATE 14
4. BILLING RATE 15
City of Angels Council Meeting
JULY 5, 2022 CORRESPONDENCE A
A. News and notes of the Week of June 13, 2022
___________________________________________________________________
CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 DATE: June 24, 2022
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: NEWS AND NOTES FOR THE WEEK OF JUNE 13, 2022
RECOMMENDATION
No action is required.
DISCUSSION
It is essential for the Council to see and the public to be aware of the work that is done every day by hardworking staff. With COVID, regular communications and updates ended, while staff has continued to make meaningful progress across all of the City’s functions. The Council will get these weekly reports as there are updates to give.
Administration Update
I met with Dewberry staff to discuss Murphys Grade Road. I am working through an action plan to close out in the most timely manner and will regroup once completed. I met with Vanguard to discuss Murphys Grade Road and the need to resolve all issues in the most timely manner possible. We will meet again once they have satisfied all the outstanding problems. I attended a meeting with HCD with Amy Augustine to discuss all outstanding needs regarding CDBG projects and grants. I met with the OE3 representative to discuss health insurance options outside CalPERS. I will conduct a cost analysis against the City's current plans. If the combination of programs, additional benefits, and costs to the city/cost to employees works out, I will schedule a closed session with Council.
I had a collaboration meeting with the engineering and planning staff.
Fire Update
Preparing for the LT interview process on Friday. Participate in PD interviews. Working w BHHS on Fireworks for the community. Continue w weed abatement projects, send out final weed abatement notices on non-compliant.
Attend as Chair for County-wide Fire Operations meeting. Attend as VP of Chiefs Association meeting. Attend the County-Wide Fire Chiefs meeting. Approve and sign Solar plan checks. Respond to (2) major vehicle accidents and assume the incident commander role. As County Fire ECC liaison, Work w the dispatch center on response plan errors and delays on paging and CAD issues. Write interview questions for the approved LT position. Assign crews to clear fire property on Sierra ST. Work w family on ongoing care and Tx of a family member. Contact vendors regarding future EMS equipment and obtain quotes. Preparing staff reports for employee recognitions.
CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Counsel employee on two issues. Counsel employees on operations issues. Review with staff vehicle rescue guidelines.
Police Update
Week of 6/10 - 6/16 90 Calls for Service No Arrests Activities: 6/16 Chief had a Meeting with Scott Nanik, BHHS Superintendent. Discussed planning for next school year, Homecoming Parade and SRO Duties 6/16 Debrief at the fairgrounds regarding the 2022 fair 6/16 Meeting with Matt Thullen from the Calaveras Pregnancy Center regarding upcoming Supreme Court Decision and security measures should be taken 6/17 PD held Police Officer Interviews at City Hall. 2 Applicants Interviewed.
Engineering Update
Public Works Update
Staff mainly was tied up with monthly meter reads this week. They also completed quarterly grease trap inspections. Staff also finished up with pressure-reducing valve (PRV) maintenance. Staff had a lot of maintenance and repair this week in Utica Park, including power washing the concrete slab, mowing, sprinkler line repair, and graffiti removal. Staff also mowed at the old school and Tryon Park. Staff continues to deal with pump issues at Greenhorn lift station #1. They had to pull pump #2 twice for a soft start failure. They seem to have solved the problem. Staff responded to four work orders, one service and 1 USA digs. They also collected and disposed of two dead deer.
Water/Wastewater Update
Staff continues daily operations and maintenance at treatment facilities and the spray fields. The A/C unit for the UV system broke on Saturday. We used the backup cooler until repairs were made on Tuesday. The air compressor for the filters at the wastewater plant also failed over the weekend due to heat. We are currently running on the backup compressor until repairs can be made. Staff started training on our plant maintenance software this week. This software produces work orders for equipment maintenance as it becomes due for service.
The May Wastewater Report and the Annual Consumer Confidence Report were completed. Lucas Wiebe passed his grade 1 wastewater license exam this week!
Building Update
Planning and Building: Continued coordination with Habitat for Humanity in preparation for an anticipated application the week of 6/20/21. Assisting in the preparation of federal environmental documentation with SB2 Funds and fee estimates for site preparation and construction. Prepared cost estimate for a possible small new housing project. Continued coordination with the City's online code publishing company to complete online updates (most updates are now online). Ongoing coordination with State Parks and the Angels Camp Community Club.
The City will be launching community outreach to design the new children's park in partnership with ACCC.
Completed hand-off to Finance of SB2 Grant funding accounts. Coordination with HCD re: CDBG funding for Utica Kitchen/generator and possible bathrooms. Staff is commencing federal environmental clearances for these projects. We investigated potential land acquisition—ongoing coordination with Foundry Lane access.
CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Finance Update
Focused on Springbrook testing for all modules and feedback to the migration team at Springbrook. We imported meter readings and sent a test file to Dataprose for printing UB Invoices. All modules tested perfectly to the current database except for payroll. Rose worked with West Adams from Springbrook, and he had to submit a case to support. The issue is currently in their DEV’s work items to be completed, but they do not have a release date.
Rose will be unable to test payroll until they correct this issue. Resubmitted the Caltrans Murphys Grade Road invoice, which was accepted by Caltrans for processing $1,019,268.92.
DAC Update
Debbie Ponte sent over a Scope for the June 21stmeeting at 6:30 pm on June 16th. This gave me little to no time to review the scope prior to pushing to Council.
Museum Update
City of Angels Council Meeting
JULY 5, 2022 CORRESPONDENCE B
B. Letter from Richard Gutierrez, Regarding the Greenhorn Creek Landscape and Lighting District (LLD) No. 2 Engineers Report ___________________________________________________________________ June 5, 2022
City Council
City of Angels Camp
PO Box 667,200 Monte Verda St. Suite B
Angels Camp, CA 95222
Subject: Comments regarding the Greenhorn Creek Landscape and Lighting District (LLD) No. 2 Engineers Report
1) Letter to City Council, Comments regarding the Greenhorn Creek Landscape and Lighting District (LLD) No. 1, Dated April 30,2022
2) Fiscal Year 2022-23 Engineer's Report City of Angels Camp Landscaping and Lighting Assessment District No. 2 Greenhorn Creek
References:
Dear Council Members,
After the public meeting held at CAMPS in Greenhorn Creek on May 31,2022,1 am providing the following comments regarding my concerns not just with the subject report but the application of the 1972 LLD Act. I have not received clear responses to my questions, and I continue to see misinformation being provided to the public. As an example, three 11x17 colored copies of the purported LLD area were handed out. The heading on one Is misleading, 'Required Work-404 Permit Items'. All of the LLD boundary shown is not in the Corp of Engineer 404 permit.
The following was included In an email dated June 4, from the City Engineer to email recipients; "Informational Mailer being sent to all parcel owners: While we have an actively engaged group of Just under 200 residents, there are 547 assessed lots. To make sure everyone is aware of why we are doing all of this and what will happen if the vote does not pass, the LLD Ambassadors group will be sending out a letter they wrote and Frequently Asked Questions they put together. The volunteer Ambassadors are listed on that letter if you or your neighbors have any questions you would like answered before voting."
This appears to be campaigning for a YES vote. First, who authorized this and is the City of Angels or her company paying for this? It appears as though the objective from ail of this work is to have the residents pay for everything. There was never any mention of getting the owner Involved and doing some form of cost sharing.
The city engineer continues to state, without any legal document, that If the vote fails to pass it reverts back to the present assessment.
According to a recorded Declaration of Restrictions dated 2/23/1999, in the event that the LLD ceases to exist, "...the Declarant, or the successor of the Declarant shall be responsible for all duties of the LLD as set forth herein." In the document, the Declarant is defined as GREENHORN CREEK ASSOCIATES L.P. An electronic copy of this was provided to the City Engineer.
There is no proviso in the present LLD that states that should a vote fail to pass, that the assessments revert back to the current or past assessments.
The subject report does not have change bars, but software allows for comparison between the two versions. I focused on what I believe are Important statements In the report. The report lacks completeness as it does not provide supporting documents for some of the statements. Changes or deletions from the May report are not addressed. Comments regarding the inclusion of the DeNova (The Gallery) and the Cottages in the LLD boundary are not discussed in the report.
All of my information is supported by published and recorded documents.
Going forward, is the city and the new owner of Greenhorn Creek, Mr. Yadav willing to accept the risk and liability of having contractors perform work on private property? As I mention in my attached summary of comments,! don't see any reference to communication with Mr. Yadav.
Please review my comments. Please remember that the city council members are on the report and you are signing up for this. The LLD as its being used is just a checkbook and the City of Angels is assuming all responsibility.
Sincerely,
Richard Gutierrez
222 Smith Flat Rd
Angels Camp, CA 95222
Enclosure: Additional comments regarding Fiscal Year 2022-2023, Engineer's Report, City of Angels Landscaping and Lighting Assessment District No. 1 Greenhorn Creek, May 2022 Preliminary Report
Cc: Yadav Enterprises
Additional comments regarding Fiscal Year 2022-2023, Engineer's Report, City of Angels Landscaping and Lighting Assessment District No. 2 Greenhorn Creek, June 2022 Preliminary Report
Page Landscaping and Lighting Assessment
District No. 1 Greenhorn Creek, May 2022,
Preiiminary Report
Landscaping and Lighting Assessment
District No. 2 Greenhorn Creek, June
2022, Preiiminary Report
Comment
1 Overview Overview The No. 2 revision has deleted all of the history behind the establishment of the
LLD.
Any new resident or city council receiving a
copy will not be receiving a full description
of the history behind the establishment of
the LLD.
What is also missing is that SCI, the present
contractor was in place and the city council
in 2017 allowed $114,689 (City Council
letter dated February 20,2018) to be paid to
the golf course in violation of the 218
Proposition requiring public hearings and a
vote.
(Note: Although the District funds
maintenance and services of landscaping,
lighting, and related improvements within
the Greenhorn Creek development, it does
not fund the maintenance or operations of
the adjacent Greenhorn Creek golf course,
which is maintained and funded by a
separate entity using separate funding.)
1 (Note: Although the District funds
maintenance and services of
landscaping, lighting, and related
improvements within the Greenhorn
Creek development, it does not fund
the maintenance or operations of the
adjacent Greenhorn Creek golf course,
which is maintained and funded by a
separate entity using separate funding.)
This report needs to state clearly that
the scope of the LLD is on private
property owned by the golf course. No
where in the report does it state that
the LLD is maintaining and improving
private property.
The intent of the outreach was to define
the scope of the LLD and if this is not
clearly identified, then the funds
Page Landscaping and Lighting Assessment
District No. 1 Greenhorn Creek, May 2022,
Preliminary Report
Landscaping and Lighting Assessment
District No. 2 Greenhorn Creek, June
2022, Preliminary Report
Comment
belonging to the Greenhorn Creek
residents has been wasted.
"Proposition 218 provides for benefit
assessments to be levied to fund the cost
of providing services, Improvements, as
well as maintenance and operation
expenses to a public improvement which
specially benefits the assessed property".
"Proposition 218 provides for benefit
assessments to be levied to fund the
cost of providing services,
improvements, as well as maintenance
and operation
expenses to a public improvement
which specially benefits the assessed
property".
The city engineer and the SCI consultant
have been asked in public recorded forums
to present legal opine that supports the use
of the 1972 LLD Act and Proposition 218 for
use in private property improvements. To
date no legal document has been provided
OR a written statement.
As representatives hired by the city of
Angels, I believe this potentially places the
City of Angels at risk.
Compliance with Current Law
requirements of Article XIIIC and XIIID of
the California
Constitution and with the SVTA decision
because the improvements to be funded
are clearly defined; the Improvements are
directly available to and will directly
benefit property in the
District; and the improvements provide a
direct advantage to property in the District
that would not be received in absence of
the Assessments. This Report is consistent
with Buetz, Dahms, and Greater Golden Hill
because, the improvements will directly
benefit property in the District and the
Compliance with Current Law
the requirements of Article XIIIC and
XillD of the California
Constitution and with the SVTA
decision because the improvements to
be funded are clearly defined; the
improvements are directly available to
and will directly benefit property in the
District; and the improvements provide
a direct advantage to property in the
District that would
not be received in absence of the
Assessments. This Report Is consistent
with Buetz, Dahms, and Greater Golden
Hill because, the improvements will
The contractor, SCI is only assuming
responsibility for the calculations of
benefits.
SCI does not state in any manner that the
application of the 1972 LLD or Proposition
218 is a legal tool that can be used for
application to private property.
Accepting this report as written, the City of
Angels is assuming all risks.
Landscaping and Lighting Assessment Comment
District No. 2 Greenhorn Creek, June
2022, Preliminary Report
Landscaping and Lighting Assessment
District No. 1 Greenhorn Creek, May 2022,
Preliminary Report
genera! benefits have been explicitly
calculated and quantified and excluded
from the Assessments. The Engineer's
Report is consistent with Bonander
because the Assessments have been
apportioned based on the overall
proportional special benefit to each
property.
Page
directly benefit property in the District
and the general benefits have been
explicitly calculated and quantified and
excluded from the Assessments. The
Engineer's Report is consistent with
Bonander because the Assessments
have been apportioned based on the
overall proportional special benefit to
each property.
This text is partially from the 1972 LLD Act
text. What is clearly absent from this text is
the word PRIVATE. The Act was established
for public lands.
and servicing of public improvements
and facilities, may include, but are not
limited to, landscaping, sprinkler
systems, park grounds, park facilities,
playground equipment, landscape
corridors, sidewalks, curbs and gutters,
storm drainage systems, public
lighting facilities, fencing, entry
monuments, signage, frontage and
retention walls, other landscaping
facilities, and related labor, materials,
supplies, utilities, equipment, and
incidental expenses in and for the
parks, landscape areas, detention
basins and other public places owned
or maintained by the District.
(Collectively known as the
"Improvements.")
servicing of public improvements and
facilities, may include, but are not limited
to, landscaping, sprinkler systems, park
grounds, park facilities, playground
equipment, landscape corridors, sidewalks,
curbs and gutters, storm drainage systems,
public
lighting facilities, fencing, entry
monuments, signage, frontage and
retention walls, other
landscaping facilities, and related labor,
materials, supplies, utilities, equipment,
and incidental expenses in and for the
parks, landscape areas, detention basins
and other public places owned or
maintained by the District. (Collectively
known as the "Improvements.")
5 The city engineer has been asked numerous
times In public recorded meetings if the golf
course owner has been contacted and
notified that the City of Angels plans to hire
a contractor that will perform work on their
property. A formal letter from the owner
has not been provided.
The City of Angels is at risk as the employer
of a contractor working on private property.
6 Formal Landscape areas The report is incompletePage 3 of 7 Page Landscaping and Lighting Assessment
District No. 1 Greenhorn Creek, May 2022,
Preliminary Report
Landscaping and Lighting Assessment
District No. 2 Greenhorn Creek, June
2022, Preliminary Report
Comment
It does not identify correctly that ALL of
the landscaping and hardscaping, etc. is
owned by the golf course owner and on
private property. It leaves it to the
reader to assume that somehow, all of
this property belongs to the residents
and therefore, their responsibility.
District was approved for a loan to pay the
remaining balance for the wetlands
mitigation project in the amount of
$114,689. The loan Ison a seven-year
amortization schedule with the first
payment made in 2016-17. For 2022-23, a
payment of $16,371 will be made."
In fiscal year 2015-16, the Omitted from June 2022 report This was completely omitted from the June 2022 version of the report.
On Page 16 of the report there is a line
item Repayment of Wetland Loan for
$17,721
Who approved this? In accorda nee with
proposition 218, a public hearing and vote
is required. The report needs to include a
reference to a city council resolution that
included legal review and approval.
In a letter from the Public Works
Department to the City Council, dated
2/20/2018, it clearly states that project was
approved and that the overall cost of the
project was $151,052.
This is one of the problems, as to why there
is no money.
Page Landscaping and Lighting Assessment
District No. 1 Greenhorn Creek, May 2022,
Prenmlnary Report
Landscaping and Lighting Assessment
District No. 2 Greenhorn Creek, June
2022, Preliminary Report
Comment
11 Clarification on De Nova Subdivision
Infrastructure
Removed from No. 2 The May report provided a vague
statement.
These parcels receive special benefit
from the District's existing
maintenance,
operations, and improvements in the
same way that other District parcels
receive special benefit and are assessed
the same, accordingly.
The city engineer was asked about the
subject property and rather than have them
differ to their HOA and CC&R, another
vague statement was made in the public
forum (recorded).
The subdivision, as a part of an HOA will not
incur any LLD costs because it is protected
under the Sterling Davis Act. It does not
matter that they are built within the LLD
Boundary.
The same Is true for The Cottages. A
statement has been made by the city
engineer that they have been paying LLD
fees. If the residents of the cottages review
their CC&R and the LLD is NOT written in,
they have legal recourse to recover fees
paid in the past.
$17,721
$17,721
The report is a legal recorded document
that should be clear and concise. The loan,
approved by the city council was for
$114,689 as referenced in a letter from the
Public Works Depart to the city council
dated February 20,2018. According to the
letter, the overall cost of the project was
$151,052.
Landscaping and Lighting Assessment
District No. 1 Greenhorn Creek, May 2022,
Preliminary Report
Page Landscaping and Lighting Assessment
District No. 2 Greenhorn Creek, June
2022, Preiiminary Report
Comment
At the February 20, 2018 city council
meeting, the city approved Resolution 18-
06 awarding another $17,500 to clean up
the small pond, a part of the wetlands.
9 Protected Cultural Resource Area (PCR) Protected Cultural Resource Area (PCR) The PCR easements were assumed by the city of Angels Camp in 1996, Resolution No.
96-25, recorded on 5/16/1996. Why is the
LLP being asked to pay?
The rounds of golf have not been changed
from the first revision. This is supposed to
be an engineering report for tax assessment
purposes. A formal letter from the golf
course needs to be referenced. There
needs to be traceability of the information
Included in the document. Did SCI stand on
the T box at No. 1 and count players of a
set period of time? Did SCI request to see
the T sheets to see how many rounds
were paled over a set period of time?
Approximately 30,000 rounds of golf are
played a year at the golf course.
Based upon observations and records
obtained from the golf course operator,
use by persons who do not own
property within the District are
approximately 50% of the persons who
use the golf course. Approximately
30,000 rounds of golf are played a year
at the golf course.
12 Figure 1 - 404 Permit Maintenance and
Improvements
Figure 1-404 Permit Maintenance and
Improvements
The title is misleading. The 404 Permit does
not include all that is illustrated in the
figure. The author of the report could have
just circled the specific areas.
See Page 29 for erroneous text.
Its not clear why this figure is included. It is
not addressed in the report.
13 Figure 2 - Non-Permit Maintenance and
Improvements
Figure 2 - Non-Permit Maintenance
and Improvements
Landscaping and Lighting Assessment Comment
District No. 2 Greenhorn Creek, June
2022, Preliminary Report
Landscaping and Lighting Assessment
District No. 1 Greenhorn Creek, May 2022,
Preliminary Report
Page
Figure 1 is titled Figure 1 - 404 Permit
Maintenance and Improvements, and has
nothing to do with the text.
"As presented in Figure 1, the
SFE factors for other types of
businesses are determined relative to
their typical employee density
in relation to the average of 24
employees per acre of commercial
property."
"As presented in Figure 1, the
SFE factors for other types of businesses
are determined relative to their typical
employee density in relation to the
average of 24 employees per acre of
commercial property."
29 End of comments