Agenda packet — Angels Camp City Council, March 7, 2023

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CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov

CITY OF ANGELS

CITY COUNCIL AGENDA
March 7, 2023
THIS MEETING WILL BE HELD AT ANGELS FIRE HOUSE, 1404 VALLECITO ROAD AND WILL BE OPEN TO PUBLIC.

In person public attendance will be available with limited seating. Seats are available on a first come, first served basis. Members of the public shall have the right to observe and offer public comment at the appropriate time. To view or participate in the meeting online, please use the following link:

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CITY COUNCIL appreciates your interest and encourages your participation. Regularly scheduled meeting are held the 1st and 3rd Tuesday of each month. The Agenda is divided into two sections:

CONSENT AGENDA: These matters include routine financial and administration actions and are usually approved by a single majority vote.

REGULAR AGENDA: These items include significant financial and administration actions of special interest, hearings and work sessions.

The numerical order of the items on this agenda is for convenience of reference. Items may be taken out of order upon request of the Mayor or Council Members. All questions shall be directed to the Mayor who, at his/her discretion, will refer to Staff.

Mayor Jennifer Herndon Vice Mayor Isabel Moncada
Council Members Gretel Tiscornia, Alvin Broglio, Caroline Schirato City Administrator Rebecca Callen City Attorney Doug White 5:00 p.m. REGULAR MEETING

1. ROLL CALL

2. ADJOURN TO CLOSED SESSION

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov
A. Conference with Legal Counsel – Anticipated Litigation Significant Exposure to Litigation Pursuant to Gov. Code 54956.9(d) One (1) Potential Case
B. Conference with Real Property Negotiators,
Property APN: 060-010-024
Agency Negotiator: Rebecca Callen, City Administrator
C. Conference with Legal Council – Anticipated Litigation Pursuant to Gov. Code 53069.85
One (1) Case
6:00 p.m. REGULAR MEETING

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. REPORT OUT OF CLOSED SESSION
A. Conference with Legal Counsel – Anticipated Litigation Significant Exposure to Litigation Pursuant to Gov. Code 54956.9(d) One (1) Potential Case
B. Conference with Real Property Negotiators,
Property APN: 060-010-024
Agency Negotiator: Rebecca Callen, City Administrator
C. Conference with Legal Council – Anticipated Litigation Pursuant to Gov. Code 53069.85
One (1) Case

4. APPROVAL OF THE AGENDA AS POSTED (OR AMENDED)

5. PUBLIC COMMENT
The public may address the Council on any item of public interest not otherwise on the agenda that is within the jurisdiction of the city. No action may be taken. Matters to be addressed may be referred to City Staff or placed on a subsequent meeting Agenda. Speakers are limited to five minutes per person.

6. CONSENT AGENDA
A. Approve Draft Minutes of February 21, 2023, Rose Beristianos, City Clerk B. Approve Resolution No. 23-30, Opposing Initiative 21-0042A1, 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 Home of the Jumping Frog • Angelscamp.gov

7. REGULAR AGENDA
A. Approve Resolution No. 23-26, Awarding Contract and Authorizing the City Administrator to Execute said Contract for Designing and Constructing the Utica Park Expansion and Renovation with Robert E. Boyer Construction, Inc. Amy Augustine, City Planner
B. Approve Resolution No. 23-27, Approving the Purchase of a Police Vehicle and Amendment of the 2022-23 Fiscal Year Budget, Rebecca Callen, City Administrator
C. Approve Resolution No. 23-28 Rescinding Resolution No. 21-53, Approve Resolution No. 23-29 Authorizing City Administrator to Submit a Financial Assistance Application to the State Water Resources Control Board for the City of Angels Water Treatment Plant Upgrade-Update with Project Name, Rebecca Callen, City Administrator
D. Approve Resolution No. 23-31 General Fund Reserve Policy, Rebecca Callen, City Administrator

7. ADMINISTRATION REPORT

8. COUNCIL REPORT

9. CALENDAR

10. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at City Hall 209-736- 2181. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title II) Materials related to an item on this Agenda submitted to the City Council after distribution of the Agenda packet are available for public inspection at City Hall at 200 Monte Verda Street Ste. B, Angels Camp, CA 95222 during normal business hours. The Agenda is also available on line at www.angelscamp.gov.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov

DRAFT MINUTES

CITY OF ANGELS

CITY COUNCIL AGENDA
February 21, 2023
THIS MEETING WILL BE HELD AT ANGELS FIRE HOUSE, 1404 VALLECITO ROAD AND WILL BE OPEN TO PUBLIC.

Click here to join the meeting
Meeting ID: 261 133 961 797
Passcode: CL4r2B
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Or call in (audio only)
+1 209-662-6903,,243969491# United States, Stockton
Phone Conference ID: 243 969 491#
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CITY COUNCIL appreciates your interest and encourages your participation. Regularly scheduled meeting are held the 1st and 3rd Tuesday of each month. The Agenda is divided into two sections:

CONSENT AGENDA: These matters include routine financial and administration actions and are usually approved by a single majority vote.

REGULAR AGENDA: These items include significant financial and administration actions of special interest, hearings and work sessions.

Mayor (PRESENT) Jennifer Herndon Vice Mayor (PRESENT) Isabel Moncada Council Members (ALL PRESENT) Gretel Tiscornia, Caroline Schirato, Alvin Broglio (LEFT THE MEETING AT 5:55PM) City Administrator (PRESENT) Rebecca Callen City Attorney (NOT ASKED TO ATTEND) Doug White 5:00 p.m. REGULAR MEETING

1. ROLL CALL

2. ADJOURN TO CLOSED SESSION
A. Conference with Real Property Negotiators,
Property APN: 060-006-009
6A

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov
Agency Negotiator: Rebecca Callen, City Administrator
B. Conference with Legal Counsel – Anticipated Litigation Significant Exposure to Litigation Pursuant to Gov. Code 54956.9(d) One (1) Potential Case
6:00 p.m. REGULAR MEETING

1. ROLL CALL – NOTED ABOVE

2. PLEDGE OF ALLEGIANCE

3. REPORT OUT OF CLOSED SESSION
A. Conference with Real Property Negotiators,
Property APN: 060-006-009
Agency Negotiator: Rebecca Callen, City Administrator
B. Conference with Legal Counsel – Anticipated Litigation Significant Exposure to Litigation Pursuant to Gov. Code 54956.9(d) One (1) Potential Case

DIRECTION GIVEN TO STAFF

4. APPROVAL OF THE AGENDA AS POSTED (OR AMENDED)
ACTION: MOTION TO APPROVE THE AGENDA AND MOVE REGULAR ITEM 7C TO THE BEGINNING OF THE

REGULAR AGENDA BY VICE MAYOR MONCADA, SECONDED BY COUNCIL MEMBER SCHIRATO

5. PUBLIC COMMENT - NONE

6. CONSENT AGENDA
A. Approve Draft Minutes of January 3, 2023 correction made to 8F, Rose Beristianos, City Clerk B. Approve Draft Minutes of January 17, 2023, Rose Beristianos, City Clerk C. Approve Draft Minutes of February 7, 2023, Rose Beristianos, City Clerk D. January Accounts Payable (AP) Check Report, Michelle Gonzalez, Finance Director E. Approve Resolution No. 23-22, LAIF Signatures, Rose Beristianos, City Clerk F. Approve Resolution No. 23-23, Awarding Contract to Avila’s Services for Landscape Maintenance for the Greenhorn Creek (GHC) LLD Areas and Tasks as Identified in the Scope of Work, Rebecca Callen, City Administrator
G. Approve Resolution No. 23-24, Renewal for Greenhorn Creek (GHC) LLD Engineers Report for 2023/24 through 2027/28 Between the City of Angels and Sci Consulting Group, Rebecca Callen, City Administrator ACTION: MOTION TO APPROVE THE CONSENT AGENDA BY COUNCIL MEMBER SCHIRATO, SECONDED BY VICE MAYOR MONCADA, PASSED 4 YES, 1 ABSENT

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov

7. REGULAR AGENDA
A. Discussion Monthly Treasurer’s Report, Michelle Gonzalez, Finance Director – DISCUSSION ONLY B. Approve Resolution No. 23-25, UWPA Assistance Agreement Between the City of Angels and Utica Water and Power Authority, Rebecca Callen, City Administrator
MOTION TO APROVE RESOLUTION NO. 23-25 AND THE UWPA ASSISTANCE AGREEMENT BY COUNCIL MEMBER TISCORNIA, SECONDED BY MAYOR HERNDON, PASSED 4 YES, 1 ABSENT C. Approve Resolution No. 23-17, Adopting the City of Angels Strategic Plan, Rebecca Callen, City Administrator

THIS ITEM WAS MOVED TO THE TOP OF THE REGULAR AGENDA
ACTION: VICE MAYOR MONCADA MOTIONED TO ADOPT THE CITY OF ANGELS STRATEGIC PLAN AND RESOLUTION NO. 23-17, SECONDED BY COUNCIL MEMBER SCHIRATO, PASSED 4 YES, 1 ABSENT

8. ADMINISTRATION REPORT – CITY ADMINISTRATOR REBECCA CALLEN GAVE HER REPORT

9. COUNCIL REPORT – ALL REPORTED OUT

10. CORRESPONDENCE
A. January 2023, Consolidated Staff Report

11. CALENDAR - DISCUSSED

12. ADJOURNMENT
ACTION: MOTION TO ADJOURN THE MEETING AT 7:37PM BY COUNCIL MEMBER SCHIRATO, SECONDED BY VICE MAYOR MONCADA, PASSED 4 YES, 1 ABSENT
________________________
Jennifer Herndon, Mayor
_________________________
Rose Beristianos, City Clerk

C IT Y H ALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov
DATE: March 7, 2023
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: Initiative No. 21-0042A1, The Taxpayer Protection and Government Accountability Act

RECOMMENDATION
Staff recommends Council adopt a Resolution opposing Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act.

BACKGROUND
The Taxpayer Protection and Government Accountability Act would amend the California Constitution with provisions that limit voters’ authority and input, adopt new and stricter rules for raising taxes and fees, and may make it more difficult to impose fines and penalties for violation of state and local laws.

The measure puts billions of local government tax and fee revenues at risk statewide with related core public service impacts.

The measure would have significant negative impacts on City of Angels Camp operations and core service delivery.

The proposed constitutional initiative is sponsored by the California Business Roundtable. See full text of Ballot Initiative attached.

MAJOR PROVISIONS
Fees and Charges1:
• Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing” evidence.
• Requires fees and charges paid for the use of local and state government property and the amount paid to purchase or rent government property to be “reasonable.” These fees and charges are currently allowed to be market-based. Whether the amount is “reasonable” (introducing a new legal standard aiming to force below market fee and charge amounts) must be proved by “clear and convincing evidence.”2 The standard may significantly reduce the amount large companies (e.g., oil, 1 Initiative No. 21-0042A1 (pgs.4-6; Section 1 (a)-(j)
2 Initiative No. 21-0042A1 (pg.5; (3))
6B

C IT Y H ALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov
utilities, gas, railroads, garbage/refuse, cable, and other corporations) will pay for the use of local public property.
• Prohibits fees on new development based on vehicle miles traveled.

Taxes3:
• Taxes and fees adopted after Jan. 1, 2022, that do not comply with the new rules, are void unless reenacted4.
• Invalidates Upland decision that allows a majority of local voters to pass special taxes. The measure specifies that taxes proposed by the initiative are subject to the same rules as taxes placed on the ballot by a city council.
• Expressly prohibits local advisory measures which allow local voters to express a preference for how local general tax dollars should be spent.5
• Requires voter approval to expand existing taxes (e.g., Utility, Transient Occupancy) to new territory (e.g., annexations) or to expand the tax base (e.g., new utility service) • New taxes can only be imposed for a specific time period. • City charters may not be amended to include a tax or fee. • All state taxes require majority voter approval.

Fines and Penalties6:
• May require voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.

DISCUSSION/ADDITIONAL BACKGROUND
On Jan. 4, 2022, the California Business Roundtable filed the “Taxpayer Protection and Government 3 Initiative No. 21-0042A1 (pgs.4-6; Section 1 (a)-(j)
4 Initiative No. 21-0042A1 (pg.7; Section 6 (Sec. 2)(g) 5 Initiative No. 21-0042A1 (pg.6 (3))
6 Initiative No. 21-0042A1 (pg. 5 (4))

C IT Y H ALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov
Accountability Act” or AG# 21-0042A1. On Feb. 1, 2023, the measure qualified for the November 2024 ballot.

The League of California Cities, along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly opposes this initiative.

Local government revenue-raising authority is currently substantially restricted by state statute and constitutional provisions, including the voter approved provisions of Proposition 13 of 1978, Proposition 218 of 1996, and Proposition 26 of 2010. The Taxpayer Protection and Government Accountability Act adds and expands restrictions on voters and local government tax and fee authority.

Fees and Taxes
Local governments levy a variety of fees and other charges to provide core public services.

Major examples of affected fees and charges are:
• Nuisance abatement charges, such as for weed, rubbish, and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs. • Commercial franchise fees.
• Emergency response fees, such as in connection with DUI. • Advanced Life Support (ALS) transport charges.
• Document processing and duplication fees.
• Transit fees, tolls, parking fees, and public airport and harbor use fees. • Facility use charges, fees for parks and recreation services, garbage disposal tipping fees.

Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies, including council-adopted increases to simply accommodate inflation, Cal Cities estimates the amount of local government fee and charge revenue at risk is approximately $2 billion per year including those adopted since Jan. 1, 2022. Over ten years, $20 billion of local government fee and charge revenues will be at heightened legal peril.

Reductions on local government tax revenues have impacts on core services and infrastructure including fire and emergency response, law enforcement, streets and roads, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention, and mental health services.

Fines and Penalties
Under existing law, cities are required to provide due process before imposing a penalty or fine for violation of its municipal code:

1. A local agency must adopt administrative procedures that govern imposing fines and penalties, including providing a reasonable period of time for a person responsible for a continuing violation to correct or remedy the violation [Gov't Code 53069.4].

C IT Y H ALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov

2. Notice must be given to the violating party before imposing the penalty; and give the party an opportunity to be heard and present any facts or arguments [Merco Construction Engineers v. Los Angeles Unified School District (1969) 274 CA 2d 154, 166].

3. The fine may not be "excessive" [U.S. Constitution amendments VIII and XIV].

The initiative converts administratively-imposed fines and penalties into taxes unless a new, undefined, and ambiguous “adjudicatory due process” is followed. This provision may put at risk authority to impose fines and penalties for violations of state and local law.

FISCAL IMPACT
None at this time. Passage of the initiative will take billions of dollars away from local government services statewide.

ATTACHMENTS
Full Text of Ballot Initiative
Opposing Letter
Opposition Resolution
BELL, McANDREWS & HILTACHK, LLP
Anabel Renteria
Initiative Coordinator
ATTORNEYS AND COUNSEL-ORS AT I.AW
455 C APITO L MALL, S UITE 600
SACRAMENTO, CALIFOE=INIA 95014
(916) 44;a-7757
FAX [916) 44-;a-77 59
www.bmhlaw.com
January 4, 2022
2 1 - 0 0 4 2

RECEIVED
JAN O 4 2022
Office of the Attorney General
State of California

INITIATIVE COORDINATOR

ATTORNEY GENERAL'S OFFICE
PO Box 994255
Sacramento, CA 94244-25550
Re: Initiative 21-0042 - Amendment Number One
Dear Initiative Coordinator:

Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please find Amendment #1 to Initiative No. 21-0042 "The Taxpayer Protection and Government Accountability Act." The amendments are reasonably germane to the theme, purpose or subject of the initiative measure as originally proposed.

I am the proponent of the measure and request that the Attorney General prepare a circulating title and summary of the measure as provided by law, using the amended language.

Thank you for your time and attention processing my request.

Sincerely,
Thomas W.
~ Hiltachk
2 1 - 0 0 4 2 Arndt. # /
The Taxpayer Protection and Government Accountability Act [Deleted codified text is denoted in strikeout. Added codified text is denoted by italics and underline.] Section 1. Title
This Act shall be known, and may be cited as, the Taxpayer Protection and Government Accountability Act.

Section 2. Findings and Declarations
(a) Californians are overtaxed. We pay the nation's highest state income tax, sales tax, and gasoline tax. According to the U.S. Census Bureau, California's combined state and local tax burden is the highest in the nation. Despite this, and despite two consecutive years of obscene revenue surpluses, state politicians in 2021 alone introduced legislation to raise more than $234 billion in new and higher taxes and fees.
(b) Taxes are only part of the reason for California's rising cost-of-living crisis. Californians pay billions more in hidden "fees" passed through to consumers in the price they pay for products, services, food, fuel, utilities and housing. Since 2010, government revenue from state and local "fees" has more than doubled.
(c) California's high cost of living not only contributes to the state's skyrocketing rates of poverty and homelessness, they are the pushing working families and job-providing businesses out of the state. The most recent Census showed that California's population dropped for the first time in history, costing us a seat in Congress. In the past four years, nearly 300 major corporations relocated to other states, not counting thousands more small businesses that were forced to move, sell or close. (d) California voters have tried repeatedly, at great expense, to assert control over whether and how taxes and fees are raised. We have enacted a series of measures to make taxes more predictable, to limit what passes as a "fee," to require voter approval, and to guarantee transparency and accountability. These measures include Proposition 13 (1978), Proposition 62 (1986), Proposition 218 (1996), and Proposition 26 (2010).
(e) Contrary to the voters' intent, these measures that were designed to control taxes, spending and accountability, have been weakened and hamstrung by the Legislature, government lawyers, and the courts, making it necessary to pass yet another initiative to close loopholes and reverse hostile court decisions.

Section 3. Statement of Purpose
(a) In enacting this measure, the voters reassert their right to a voice and a vote on new and higher taxes by requiring any new or higher tax to be put before voters for approval. Voters also intend that all fees and other charges are passed or rejected by the voters themselves or a governing body elected by voters and not unelected and unaccountable bureaucrats.
(b) Furthermore, the purpose and intent of the voters in enacting this measure is to increase transparency and accountability over higher taxes and charges by requiring any tax measure placed on the ballot1 either at the state or local level-to clearly state the type and rate of any tax, how long it will be in effect, and the use of the revenue generated by the tax.
(c) Furthermore, the purpose and intent of the voters in enacting this measure is to clarify that any new or increased form of state government revenue, by any name or manner of extraction paid directly or indirectly by Californians, shall be authorized only by a vote of the Legislature and signature of the Governor to ensure that the purposes for such charges are broadly supported and transparently debated. (d) Furthermore, the purpose and intent of the voters in enacting this measure is also to ensure that taxpayers have the right and ability to effectively balance new or increased taxes and other charges with the rapidly increasing costs Californians are already paying for housing, food, childcare, gasoline, energy, healthcare, education, and other basic costs of living, and to further protect the existing constitutional limit on property taxes and ensure that the revenue from such taxes remains local, without changing or superseding existing constitutional provisions contained in Section 1{c) of Article XIII A. (e) In enacting this measure, the voters also additionally intend to reverse loopholes in the legislative twothirds vote and voter approval requirements for government revenue increases created by the courts including, but not limited to, Cannabis Coalition v. City of Upland, Chamber of Commerce v. Air Resources Board, Schmeer v. Los Angeles County, Johnson v. County of Mendocino, Citizens Assn. of Sunset Beach v.

Orange County Local Agency Formation Commission, and Wilde v. City of Dunsmuir.

Section 4. Section 3 of Article XIII A of the California Constitution is amended to read:

Sec. 3(a} Every levy, charge. or exaction of any kind imposed by state law is either a tax or an exempt charge.
illlJ1l ~ Any change in state statute Jaw which results in any taxpayer paying a new or higher tax must be imposed by an act passed by not less than two-thirds of all members elected to each of the two houses of the Legislature, and submitted to the electorate and approved by a maiority vote, except that no new ad valorem taxes on real property, or sales or transaction taxes on the sales of real property, may be imposed. Each Act shall include:
(A) A specific duration of time that the tax will be imposed and an estimate of the annual amount expected to be derived from the tax.
(BJ A specific and legally binding and enforceable limitation on how the revenue from the tax can be spent.

If the revenue from the tax can be spent for unrestricted general revenue purposes. then a statement that the tax revenue can be spent for "unrestricted general revenue purposes" shall be included in a separate, stand-alone section. Any proposed change to the use of the revenue from the tax shall be adopted by a separate act that is passed by not less than two-thirds of all members elected to each of the two houses of the Legislature and submitted to the electorate and approved by a maiority vote. (2) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, including a measure proposed by an elector pursuant to Article II, include:
{A) The type and amount or rate of the tax;
(BJ The duration of the tax: and
2 (CJ The use of the revenue derived from the tax.
(c} Any change in state law which results in any taxpayer paying a new or higher exempt charge must be imposed by an act passed by each of the two houses of the Legislature. Each act shall specify the type of exempt charge as provided in subdivision (e ), and the amount or rate of the exempt charge to be imposed.

Ml._fbt As used in this section and in Section 9 of Article II, "tax" means every aA1f levy, charge, or exaction of any kind imposed by the State state law that is not an exempt charge. e1<eept the follo•Ning:
(e) As used in this section. "exempt charge" means only the following:
(1) a el:iarge imposes fer a s1=1eeifie eenefit eonferreEl or pri'+'ilege granteEl aireetly to tl:ie 13ayor tl:iat is not 1=1ro>viaeEl to tl:iose not et:iargeEI, anEI whiel:i aoes not e1<ceeEl tl:ie reasonal3Ie costs to tl:ie State of eonferring the benefit or granting the pri¥ilege to the 1=1a¥OF.
ill {-2+ A reasonable charge irnposeEl for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the rnasonable actual costs to the State of providing the service or product to the payor. f.11 ~ A charge in,poseEl for the reasonable regulatory costs to the State incident to issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof. (3) A levy, charge. or exaction collected from local units of government. health care providers or health care service plans that is primarily used by the State of California for the purposes of increasing reimbursement rates or payments under the Medi-Cal program, and the revenues of which are primarily used to finance the non-federal portion of Medi-Cal medical assistance expenditures. (4) A reasonable charge iR'l13oseEl for entrance to or use of state property, or the purchase. rental, or lease of state property, except charges governed by Section 15 of Article XI. (5} A fine, or penalty, or other monetary el:large including any applicable interest for nonpayment thereot imposed by the judicial branch of government or the State, as a result of a state administrative enforcement agency pursuant to adiudicatorv due process, to punish a violation of law. (6} A levy, charge, assessment, or exaction collected for the promotion of California tourism pursuant to Chapter 1 (commencing with Section 13995) of Part 4.7 of Division 3 of Title 2 of the Government Code. flL~Any tax or exempt charge adopted after January 1, 2022 ~, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted B'l the begislatuFe anel signea into law ey tl:ie <iio¥ernoF in compliance with the requirements of this section. [gl[.JlJG:} The State bears the burden of proving by a preponEleranee oftl:le clear and convincing evidence that a levy, charge, or other exaction is an exempt charge and not a tax. The State bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. ,tR-a-t tl:ie amouRt is RO n,ore tl:ian neeessary to cover the reasonable costs of the go•.•emn,ental actii,•i:t>,• ane 3 that the manner in •Nhiel.:i these cests are allecated ts a pa·1er bear a fair er reasenable relatienshi13 ts the 13a·1or's b1:1relens on, or benefits reeei11eel from, the go•.ieFRmental actit.iit'( (2) The retention ofrevenue by, or the payment to. a non-governmental entity ofa levv. charge, or exaction of any kind imposed by state law, shall not be a factor in determining whether the levy. charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy, charge, or exaction of any kind as being voluntary, or paid in exchange for a benefit, privilege, allowance, authorization, or asset, shall not be a factor in determining whether the levy, charge, or exaction is a tax or an exempt charge. /4} The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge. (h) As used in this section:
(1) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor, and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes, other exempt charges, grants, and state or federal funds received to provide such service or product.
(2) "Extend" includes, but is not limited to, doing any of the following with respect to a tax or exempt charge: lengthening its duration. delaying or eliminating its expiration, expanding its application to a new territory or class ofpayor, or expanding the base to which its rate is applied. (3) "Impose" means adopt, enact, reenact, create, establish, collect, increase or extend. (4) "State law" includes, but is not limited to. any state statute, state regulation, state executive order. state resolution, state ruling, state opinion Jetter, or other legal authority or interpretation adopted, enacted. enforced, issued, or implemented by the legislative or executive branches of state government. "State law" does not include actions taken by the Regents of the University of California, Trustees of the California State University, or the Board of Governors of the California Community Colleges.

Section 5. Section 1 of Article XIII C of the California Constitution is amended, to read:

Sec. 1. Definitions. As used in this article:
{a) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor. and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes. other exempt charges, grants, and state or federal funds received to provide such service or product.
(b) "Extend" includes, but is not limited to. doing any of the following with respect to a tax. exempt charge, or Article XIII D assessment. fee, or charge: lengthening its duration, delaying or eliminating its expiration. expanding its application to a new territory or class of payor, or expanding the base to which its rate is applied.
4 .lfl..W 11General tax" means any tax imposed for general governmental purposes. (d} "Impose" means adopt, enact, reenact, create, establish, collect, increase, or extend. {clJb} "Local government" means any county, city, city and county, including a charter city or county, any special district, or any other local or regional governmental entity, or an elector pursuant to Article fl or the initiative power provided by a charter or statute.
(f) "Local law" includes. but is not limited to, any ordinance, resolution, regulation. ruling, opinion letter, or other legal authority or interpretation adopted, enacted, enforced, issued, or implemented by a local government.
{gl_{t} "Special district" means an agency of the State, formed pursuant to general law or a special act, for the local performance of governmental or proprietary functions with limited geographic boundaries including, but not limited to, school districts and redevelopment agencies. f11L{d} "Special tax" means any tax imposed for specific purposes, including a tax imposed for specific purposes, which is placed into a general fund.
111 i@} As used in this article, and in Section 9 of Article II, "tax" means every aRV-levy, charge, or exaction of any kind, imposed by a local go,;ernmeRt law that is not an exempt charge., exeept tl=le fellowiRg:
(i) As used in this section, "exempt charge" means only the following:
(1) A cl=large imposeel fer a speeifie beAefit eoAferreel or pri,;ilege graAteel eliFeetl')' to tl=le pa1,ior tl=lat is Rot pre1,•ieleel to these Rot ehargea, aA£l which £lees Rot exeeeel tl=le reaseAable costs to tl=le loeal gm,·ernFAeAt of conferriAg the beAefit or graAting tl:1e pri¥ilege.
ill R} A reasonable charge imposes for a specific local government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasoAable actual costs to the local government of providing the service or product. fl1 WA charge im13ose£l for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof.

W {4t A reasonable charge imposeel for entrance to or use of local government property, or the purchase, rental, or lease of local government property.

Ml. fSt A fine, or penalty, or other FAOA@tar,· eharge including any applicable interest for nonpayment thereat imposed by the judicial branch of government or a local government administrative enforcement agency pursuant to adiudicatorv due process, as a res1,1lt of to punish a violation of law. ill -f6t A charge imposed as a condition of property development. No levv, charge, or exaction regulating or related to vehicle miles traveled may be imposed as a condition of property development or occupancy. f.i1 f7t An AssessFAeRts a Rel property relate el fees assessment. fee. or charge imJ;1oseel iA aeeoraanee witl=l the pro¥isio A5 of subject to Article XI 11 D, or an assessment imposed upon a business in a tourism marketing district, a parking and business improvement area, or a property and business improvement district. 5 (7) A charge imposed for a specific health care service provided directly to the payor and that is not provided to those not charged. and which does not exceed the reasonable costs to the local government of providing the health care service. As used in this paragraph, a "health care service" means a service licensed or exempt from licensure by the state pursuant to Chapters 1. 1.3, or 2 of Division 2 of the Health and Safety Code.

The local government bears the b1:1rden of proving by a preponderance of the e .. ·ielence that a lew, charge, or other exaction is not a ta1<, that the amo1:1nt is no more than necessaPJ' to cover the reasonable costs of the go•,ernfflental acti•.«ity anel that tJ:ie manner in which those costs are allocateel to a pa•ror bear a fair or reasonable relationship to the pa•ror's blslrdens on, or bene:fits receiveel from, the go1a1ernmental acfa•ity.

Section 6. Section 2 of Article XIII C of the California Constitution is amended to read:

Sec. 2. Local Government Tax Limitation. Notwithstanding any other provision of this Constitution:
(a) Every levy. charge. or exaction of any kind imposed by local law is either a tax or an exempt charge. All taxes imposed by any local government shall be deemed to be either general taxes or special taxes. Special purpose districts or agencies, including school districts, shall have no power to levy general taxes. (b) No local Jaw go,.·ernment whether proposed by the governing body or by an elector, may impose, extend, or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote. A general tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. The election required by this subdivision shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a unanimous vote of the governing body. (c) An•r general tax imposed, el<tended, or increaseel, •.-.iitho1:1t •.·oter approval, lay any local go,.·ernment on or after Janlslary 1, 1995, ana prior ta the effecti,.·e date of this article, shall contin1:1e to be imposed only if appro,.·ea b1• a majority vote of the voters voting in an election OR the issye of the in:iposition, whicl::i election sl::iall be l::ield witl::iin t•Ne 1•ears ef the effectii.ie date of this article and in com13liance with slslbdi\·isien (b}. {El) No local law government. whether proposed by the governing body or by an elector. may impose, eMteRd, er increase any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote. A special tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. {d) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, include:
(1) The type and amount or rate of the tax;
(2) the duration of the tax; and
(3) The use of the revenue derived from the tax. If the proposed tax is a general tax. the phrase "for general government use" shall be required, and no advisory measure may appear on the same ballot that would indicate that the revenue from the general tax will. could. or should be used for a specific purpose. (e) Only the governing body of a local government. other than an elector pursuant to Article II or the initiative power provided by a charter or statute. shall have the authority to impose any exempt charge.

The governing body shall impose an exempt charge by an ordinance specifying the type of exempt charge 6 as provided in Section l(i) and the amount or rate of the exempt charge to be imposed. and passed by the governing body. This subdivision shall not apply to charges specified in paragraph (7) of subdivision (i) of Section 1.
ff) No amendment to a Charter which provides for the imposition, extension, or increase of a tax or exempt charge shall be submitted to or approved by the electors. nor shall any such amendment to a Charter hereafter submitted to or approved by the electors become effective for any purpose. (q) Any tax or exempt charge adopted after January 1, 2022, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted in compliance with the requirements of this section.
{h)(1) The focal government bears the burden of proving by clear and convincing evidence that a levy, charge or exaction is an exempt charge and not a tax. The local government bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. (2} The retention of revenue by, or the payment to, a non-governmental entity of a levy. charge, or exaction of any kind imposed by a local law, shall not be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy. charge. or exaction of any kind imposed by a local law as being paid in exchange for a benefit. privilege, allowance, authorization, or asset, shall not be factors in determining whether the levy, charge, or exaction is a tax or an exempt charge. (4) The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.

Section 7. Section 3 of Article XIII D of the California Constitution is amended, to read:

Sec. 3. Property Taxes, Assessments, Fees and Charges Limited (a) No tax, assessment, fee, 6f charge, or surcharge, including a surcharge based on the value ofpropertv, shall be assessed 13y a Ry ageRC'f upon any parcel of property or upon any person as an incident of property ownership except:
(1) The ad valorem property tax impeseEI p1::1rsYaRt te described in Section 1(a) of Article XIII and Section 1/a) of Article XIII A, and described and enacted pursuant to the voter approval requirement in Section 1/b) Q[Article XII I A.
(2) Any special non-ad valorem tax receiving a two-thirds vote of qualified electors pursuant to Section 4 of Article XIII A, or after receiving a two-thirds vote of those authorized to vote in a community facilities district by the Legislature pursuant to statute as it existed on December 31, 2021. (3) Assessments as provided by this article.
(4) Fees or charges for property related services as provided by this article. 7 (b) For purposes of this article, fees for the provision of electrical or gas service shall not be deemed charges or fees imposed as an incident of property ownership.

Section 8. Sections 1 and 14 of Article XIII are amended to read:

Sec. 1 Unless otherwise provided by this Constitution or the laws of the United States:
(a) All property is taxable and shall be assessed at the same percentage of fair market value. When a value standard other than fair market value is prescribed by this Constitution or by statute authorized by this Constitution, the same percentage shall be applied to determine the assessed value. The value to which the percentage is applied, whether it be the fair market value or not, shall be known for property tax purposes as the full value.
(b) All property so assessed shall be taxed in proportion to its full value. (c) All proceeds from the taxation of property shall be apportioned according to law to the districts within the counties.

Sec. 14. All property taxed by state or local government shall be assessed in the county, city, and district in which it is situated. Notwithstanding any other provision of/aw, such state or local property taxes shall be apportioned according to law to the districts within the counties.

Section 9. General Provisions
A. This Act shall be liberally construed in order to effectuate its purposes.

B. (1) In the event that this initiative measure and another initiative measure or measures relating to state or local requirements for the imposition, adoption, creation, or establishment of taxes, charges, and other revenue measures shall appear on the same statewide election ballot, the other initiative measure or measures shall be deemed to be in conflict with this measure. In the event that this initiative measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions ofthe other initiative measure or measures shall be null and void. (2) In furtherance of this provision, the voters hereby declare that this measure conflicts with the provisions of the "Housing Affordability and Tax Cut Act of 2022" and "The Tax Cut and Housing Affordability Act," both of which would impose a new state property tax (called a "surcharge") on certain real property, and where the revenue derived from the tax is provided to the State, rather than retained in the county in which the property is situated and for the use of the county and cities and districts within the county, in direct violation of the provisions of this initiative. (3) If this initiative measure is approved by the voters, but superseded in whole or in part by any other conflicting initiative measure approved by the voters at the same election, and such conflicting initiative is later held invalid, this measure shall be self-executing and given full force and effect.

C. The provisions of this Act are severable. If any portion, section, subdivision, paragraph, clause, sentence, phrase, word, or application of this Act is for any reason held to be invalid by a decision of any court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Act. The People of the State of California hereby declare that they would have adopted this Act and each and every portion, section, subdivision, paragraph, clause, sentence, phrase, word, and application not 8 declared invalid or unconstitutional without regard to whether any portion of this Act or application thereof would be subsequently declared invalid.

D. If this Act is approved by the voters of the State of California and thereafter subjected to a legal challenge alleging a violation of state or federal law, and both the Governor and Attorney General refuse to defend this Act, then the following actions shall be taken:
(1) Notwithstanding anything to the contrary contained in Chapter 6 of Part 2 of Division 3 ofTitle 2 of the Government Code or any other law, the Attorney General shall appoint independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (2) Before appointing or thereafter substituting independent counsel, the Attorney General shall exercise due diligence in determining the qualifications of independent counsel and shall obtain written affirmation from independent counsel that independent counsel will faithfully and vigorously defend this Act. The written affirmation shall be made publicly available upon request. (3) A continuous appropriation is hereby made from the General Fund to the Controller, without regard to fiscal years, in an amount necessary to cover the costs of retaining independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (4) Nothing in this section shall prohibit the proponents of this Act, or a bona fide taxpayers association, from intervening to defend this Act.
9 C IT Y H ALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov
March 7, 2023
Bismarck Obando
Director of Public Affairs, League of California Cities 1400 K Street, Suite 400
Sacramento, CA 95814
RE: Letter Opposing Initiative 21-0042A1
On March 7, 2023, the City of Angels Camp voted to oppose Initiative 21-0042A1, a deceptive, developersponsored proposition aimed for the November 2024 statewide ballot that would significantly jeopardize cities’ ability to provide essential services and infrastructure for our residents.

The measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and projects and would limit voter input by prohibiting local advisory measures where voters can express a preference on how they want their local tax dollars spent.

This measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including impacts on local infrastructure and our environment.

This measure also may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods.

Unless defeated, the measure puts billions of dollars currently dedicated to local services at risk, and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more.

Passage of this measure would limit the City’s ability to pass revenue measures in the future and also risk our existing ones. Examples are the City Sales Tax and the Transient Occupancy Tax.

The measure benefits wealthy corporations and real estate developers while decimating our local communities and neighborhoods.

C IT Y H ALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov
You may list the City of Angels Camp in formal opposition to Initiative #21-0042A1 and include our city as part of the growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state opposed to this deceptive proposition.

Sincerely,
Jennifer Herndon
Mayor
City of Angels Camp

CITY OF ANGELS

CITY COUNCIL
Resolution No. 23-30, to Oppose Initiative 21-0042A1
WHEREAS, an association representing California’s wealthiest corporations and developers is spending millions to push a deceptive proposition aimed for the November 2024 statewide ballot; and
WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and
WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure and our environment; and
WHEREAS, the measure may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and
WHEREAS, the measure puts billions of dollars currently dedicated to local services at risk and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and THEREFORE, BE IT RESOLVED that the City of Angels opposes Initiative 21-0042A1; BE IT FURTHER RESOLVED, that the City of Angels will join the No, on Initiative 21- 0042A1 coalition, a growing coalition of public safety, education, labor, local government, and infrastructure groups throughout the state.

PASSED, APPROVED, AND ADOPTED this day 7 of March, 2023 by the following vote:

Ayes:

Noes:

Absent:

Abstain:
_________________________
__________________________ Jennifer Herndon, Mayor
Rose Beristianos, City Clerk

P L A N N I N G
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 1 DATE: March 7, 2023
TO: City Council
FROM: Amy Augustine, City Planner
RE: RESOLUTION 23-26 AWARDING CONTRACT AND AUTHORIZING THE CITY ADMINISTRATOR TO

EXECUTE SAID CONTRACT FOR DESIGNING AND CONSTRUCTING THE UTICA PARK EXPANSION AND RENOVATION WITH ROBERT E. BOYER CONSTRUCTION, INC.

RECOMMENDATION
Approve Resolution 23-26 awarding a design and construction contract and authorizing the city administrator to execute said contracts for designing and constructing the Utica Park Expansion and Renovation with Robert E. Boyer Construction, Inc.

BACKGROUND:

The City of Angels (Angels Camp) received $3,000,000 in state funding to design and expand Utica Park in Angels Camp. $775,000± of this has already been allocated to site preparation, the Utica Park Playground, and property purchase.

This leaves approximatley $2,225,000± for the subject contract expansion and renovation. Separate Community Development Block Grant (CDBG) funding of $167,000± will be expended for a new bathroom through a separate RFP.

The City already hired the San Joaquin County Office of Education – Greater Valley Conservation Corps to remove all existing playground equipment (including below-ground cement) and large hazardous trees in preparation for the renovation and expansion. A playground consultant has been hired to design and build the playground. Extensive public outreach already has been conducted. A small committee overseen by the City will review proposed designs from the consultant to facilitate design approval. Based on extensive community outreach, the expansion and renovation should include:
• Construct one new amphitheatre
• Construct one new Lightner Mine Interpretive Hiking Trail with parcourse and gathering areas • Renovate one Mark Twain Statue
• Construct one new Mark Twain Statue
• Construct one new Angels Creek trailhead kiosk
• Renovate on large Pavilion with kitchen
• Construct two new bocce courts
• Construct one new Outdoor gym/exercise area
• Constuct one new full-size sports hardcourt (lined for basketball and pickleball) • Construct one new playground (being completed under a separate RFP and not included in this proposal) • Construct one new bathroom building
• Construct new lighting
• Construct new landscaping
7A

P L A N N I N G
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 2 BID ANALYSIS
The City released a Request for Proposals posted on Public Purchase with links to that site included on the City’s website, on January 4, 2023, for the Utica Park Renovation and Expansion. The RFP was viewed by 43 firms and downloaded by 36 firms. A non-mandatory site visit was held January 31, 2023. One potential bidder attended.

Bids were due by noon PST on February 17, 2023. One bid was received.

The City Administrator, Public Works Superintendent and two representatives of the Angels Camp Community Club (Jessica Johnson and John Broglio) ranked and scored the bid at 91.25 points out of 100.

Based on the preceding, Robert E. Boyer Construction, Inc. was determined to be the lowest and most qualified responsible bidder. Staff recommends awarding the contract to Boyer contingent upon City Attorney approval of the contracts and authorizing the City Attorney to make any potential minor amendments to the contract as may be necessary.

FISCAL IMPACT
None. The City was awarded a State of California Rural Recreation and Tourism Grant for the project. $2,330,000± is allocated for park expansion and renovation.

ATTACHMENTS
A. Request for Proposals
B. Bidders viewing and downloading RFP – Access Report
C. City Council Resolution 23-26 with 1. Boyer Scope and 2. Draft Contract for Design and Construction

REQUEST FOR PROPOSALS
Phase II Utica Park/Lightner Mine Expansion
Utica Park/Lightner Mine Expansion and
Renovation
Released January 4, 2023
Non-Mandatory Pre-Submittal Conference On-site
1075 Utica Lane (Utica Park), Angels Camp, CA 95222
January 31, 2023, 1:00 p.m.

Deadline for Proposal Submission (Online Only)
February 17, 2023, 12:00 p.m.

Inquiries: Please direct questions to:

Amy Augustine, City Planner
[email protected]
(209) 743-2323

CITY OF ANGELS
PO Box 667, 200 Monte Verda St., Suite B
Angels Camp, CA 95222
Attachment A RFP
RFP UTICA PARK/LIGHTNER MINE EXPANSION and RENOVATION - CITY OF ANGELS

Page 2 of 8 ends

Table of Contents
Request for Proposals................................................................................................................ 3 I. PROJECT SUMMARY AND DESCRIPTION ...................................................................... 3 II. REQUIRED PROPOSAL SUBMITTALS/ORGANIZATION ................................................. 4 III. CONTACT....................................................................................................................... 4 IV. PROJECT TIMETABLE................................................................................................... 4 V. PROPOSAL EVALUTION AND SELECTION...................................................................... 5 VI. GENERAL CONDITIONS................................................................................................ 7 Contract Information .................................................................................................................. 7 A. City of Angels ....................................................................................................................................7 B. Term/Termination.............................................................................................................................7 C. Successful Bid as Part of Contract Services.......................................................................................7 D. Funding Availability...........................................................................................................................8 E. Certifications, Hold Harmless, and Contract Template.....................................................................8 Attachment 1 - Rural Recreation and Tourism Grant Criteria Requirements City of Angels Utica Park Expansion
Attachment A – Contract Template (Design)
Attachment B – Construction Template (Construct)
RFP UTICA PARK/LIGHTNER MINE EXPANSION and RENOVATION - CITY OF ANGELS

Page 3 of 8 ends

Request for Proposals
City of Angels Utica Park/Lightner Mine
Expansion and Renovation
I. PROJECT SUMMARY AND DESCRIPTION
The City of Angels desires a consultant(s) to design and build a park expansion and to renovate portions of an existing park in Angels Camp, Calaveras County, CA suitable and accessible for all ages and abilities. The total area encompasses 6.45± acres (including a children’s playground subject to a separate RFP). A conceptual plan was approved based on extensive public outreach (Figure 1) and detailed grant requirements are included in Attachment 1. The expansion and renovation is Phase II of a two-phase project. A separate RFP has been issued for Phase I (the children’s playground). Consultant(s) for this proposal need not be the same consultant(s) hired for Phase 1.

Background/Funding Source
The City of Angels (Angels Camp) has approximately $2.34 million in California Department of Parks and Recreation Rural Recreation and Tourism funding for this project phase plus $167,000 in Community Development Block Grant monies to expand and renovate Utica Park/Lightner Mine in Angels Camp. Funding restrictions require expending $167,000 on new bathrooms under the Community Development Block Grant prior to December 31, 2023 with the remainder (Rural Recreation and Tourism Grant) expended by 3/31/2025.

The City has hired the San Joaquin County Office of Education – Greater Valley Conservation Corps to remove all necessary vegetation and playground equipment in preparation for the project. Extensive public outreach already has been conducted. A small committee overseen by the City will review proposed designs from the consultant to facilitate design approval.

Based on extensive community outreach, a conceptual project design has been adopted (Figure 1). Attachment 1 further details how the City identified the amenities to be included and some details related to each.

Specific items required pursuant to the grant agreement include:
• Construct one new amphitheatre
• Construct one new Lightner Mine Interpretive Hiking Trail with parcourse and gathering areas
• Renovate one Mark Twain Statue
• Construct one new Mark Twain Statue
• Construct one new Angels Creek trailhead kiosk
• Renovate on large Pavilion with kitchen
• Construct two new bocce courts
• Construct one new Outdoor gym/exercise area
• Constuct one new full-size sports hardcourt (lined for basketball and pickleball) • Construct one new playground (being completed under a separate RFP and not included in this proposal)
• Construct one new bathroom building
• Construct new lighting
RFP UTICA PARK/LIGHTNER MINE EXPANSION and RENOVATION - CITY OF ANGELS

Page 4 of 8 ends

• Construct new landscaping
These facilities are further detailed and must meet the grant criteria contained in Attachment 1 (Rural Recreation and Tourism Criteria Requirements City of Angels Utica Park Expansion). Please note that public outreach was completed for the project and design ideas submitted by the public. A small group appointed by the City will make final design decisions.

II. REQUIRED PROPOSAL SUBMITTALS/ORGANIZATION
Proposals shall include, in the following order:

A. Cover Page
B. Project Understanding and Approach
C. Experience performing similar work on time and within budget D. Illustrate past performance in designing structures compatible with the community context
E. Cost
F. Timeline
Proposals should not exceed 50 pages (resumes will not be counted as part of the 50 pages).

The cover page will count towards the total.

III. CONTACT
All questions (outside of those asked at the pre-submittal conference on January 17, 2023) should be submitted in writing and must be received by 2 p.m. on February 3, 2023, through https://www.publicpurchase.com/vendor/login/login. For other questions, see Cover Page for contact information.

IV. PROJECT TIMETABLE

ACTIVITY DATE
Release Request for Proposals (RFP) January 4, 2023
On-Site Pre-Submittal Visit January 31, 2023 – 1 p.m.

Deadline to submit written questions February 3, 2023 – 2 p.m.

Answers to written questions posted February 6, 2023
Deadline to submit Bids electronically February 17, 2023 – 12:00 p.m.

Review Committee opens and tabulates bids February 17, 2023 Notice of Intent to Award Contract (tentative) February 17, 2023 Deadline for protests/appeals (tentative) February 27, 2023 City Council Approval/Contract Executed (tentative) March 21, 2023 Consultant’s Deadline to submit deliverables March 31 2025 (See Scope) December 31, 2023
(bathrooms only)
RFP UTICA PARK/LIGHTNER MINE EXPANSION and RENOVATION - CITY OF ANGELS

Page 5 of 8 ends

Proposals must be received electronically (by e-mail) no later than 12:00 p.m. on February 17, 2023, via Public Purchase (https://www.publicpurchase.com/vendor/login/login). Please contact Amy Augustine, City Planner at [email protected] or (209) 743-2323 if you have questions or need additional information.

V. PROPOSAL EVALUTION AND SELECTION
The objective is to perform a thorough and fair evaluation of submitted bids and facilitate the selection of a vendor that best satisfies the City’s requirements. The following evaluation process will be used:

The City shall name, for the purpose of evaluating the bids for this RFP, a Review Committee composed of representatives from the City. The City may also elect to include qualified representatives from other agencies or entities. Proposers may be telephoned and asked for further information and may be expected to appear for oral interviews, if necessary. References and/or previous clients will also be called.

Upon receipt of the proposals, a technical evaluation will be performed. The Review Committee shall be responsible for performing the evaluations of each proposal. Each member of the Committee shall rate the proposers separately. The scores of each of the Committee members shall then be averaged to provide a total score for each of the proposers. The bids shall be evaluated on the following categories and the maximum weight possible for each category is listed below:

Evaluation Criteria Points
Project Understanding and approach 20
Experience performing similar work on time and within budget 20 Past performance designing structures compatible with the community context
20 Cost 20
Ability to meet the Project deadlines for deliverables (Timeline) 20 Total 100
The City reserves the right to conduct in-person interviews, if necessary.

The System for Award Management (sam.gov) shall be used to verify contractors are not suspended or debarred before making an award.

Award/Notice of Intent to Award/Appeal Process
Award will be made to the qualified proposer whose bid will be most advantageous to the City with price and all other factors identified above considered. The City will negotiate with the highest ranked proposer to refine the scope for mutual satisfaction.

If the City cannot successfully negotiate a purchase with the highest ranked proposer, the City will terminate negotiations and begin negotiation with the next highest ranked proposer.

Proposers will receive e-mailed Award/Non-Award notification which will include the name of the proposer to be awarded this contract.

RFP UTICA PARK/LIGHTNER MINE EXPANSION and RENOVATION - CITY OF ANGELS

Page 6 of 8 ends

Proposers are advised that the City reserves the following prerogatives:
• To reject any and all bids; and/or
• To consider historic information and fact, whether gained from the proposer’s bid or any other source, in the evaluation process; and/or
• The proposer is cautioned that it is the proposer’s sole responsibility to submit information related to the valuation categories and the City is under no obligation to solicit such information if it is not included with the bid. Failure of the individual or firm to submit such information may cause an adverse impact on the bid evaluation.

Appeal of the RFP process or recommendation of award once the Notices of Award/Non-Award have been issued shall be as follows:
• Any protest shall be submitted in writing to:

City of Angels City Administrator
Angels Camp City Hall
200 Monte Verda Street, Suite B
Angels Camp, CA 95222
• The protest must be submitted before 2:00 p.m. on the 10th business day following the date of the Notice of Award/Non-Award.
• The protest shall contain a complete statement of the basis for the protest, the name, address, telephone number and e-mail address of the person representing the protesting party.
• The procedure and time limits are mandatory and are the proposer’s sole and excludes remedy in the event of a bid protest.

Proposer’s failure to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings.

Public Records Access
Submitted bids are subject to the California Public Records Act (California Government Code 6250 et seq.) and may be disclosed to members of the public upon request. It is the responsibility of the proposer to clearly identify information in their bids that they consider to be confidential under the California Public Records Act. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.

All information regarding the bids will be confidential until such time as the Review Committee has completed its evaluation and, or if, contract negotiations are complete.

Costs of Developing the Bid
All costs incurred in the preparation of a bid are the responsibility of each proposer and will not be reimbursed by the City.

Bid Terms and Conditions
It is the responsibility of each proposer to be familiar with all the specifications, terms and conditions of the Request for Proposals. By submission of a proposal, the proposer certifies that if awarded a contract, proposer will make no claim against the City based upon ignorance of or misunderstanding of the specifications.

RFP UTICA PARK/LIGHTNER MINE EXPANSION and RENOVATION - CITY OF ANGELS

Page 7 of 8 ends

Each proposer shall submit its proposal with the understanding that the proposal will become a part of the official file on this matter and shall be subject to disclosure, if requested by a member of the public, following the completion of negotiations.

By submitting a proposal, each proposer certifies that all statements in the proposal are true.

This constitutes a warranty, the falsity of which shall include the right, at the County’s option of declaring any contract made, as a result thereof, null and void. Proposals shall be completed, executed, and submitted in accordance with the instructions of this RFP and any applicable addendums issued. If a bid is not submitted in the format specified in this RFP, it may be rejected, unless the City determines that the nonconformity is either a minor irregularity or that the defect or variation in the bid is immaterial or inconsequential. The City may give the proposer an opportunity to cure any deficiency resulting from a minor irregularity or an immaterial or inconsequential defect, or the City may waive such deficiency, whichever is most advantageous to the City.

The City cannot accept bids from any individual currently employed with the City of Angels (California Government Code Section 29708).

VI. GENERAL CONDITIONS
Contract Information
A. City of Angels
For a purchase contract with the City of Angels, a bid provider must meet the following, as applicable:
• Provide a federal Tax Identification Number (TIN) or Social Security Number • Complete an IRS Form W-9
• Comply with all local, State and Federal rules, regulations, polices including, but not limited to:
o Standard City contract language (Attachment A – Design, Attachment BConstruction) o Insurance coverage including worker’s compensation, general liability, auto liability and professional liability, unless waived by the City (See Attachment A-Design, Attachment B Construction)
• Meet the audit requirements for City expenditures if required in the above documents.

B. Term/Termination
The contract/purchase will be subject to termination by either party in accordance with Attachment A – Design, Attachment B – Construction).

C. Successful Bid as Part of Contract Services
Bids received in response to this solicitation, at the City’s discretion, may be incorporated into the awarded contract and may serve as basic terms and conditions for the ultimate contract.

Therefore, proposers are advised that, if successful, they will be held responsible for levels of services proposed at the funding levels quoted. The City reserves the right to negotiate modifications or revisions to any awarded contract.

RFP UTICA PARK/LIGHTNER MINE EXPANSION and RENOVATION - CITY OF ANGELS

Page 8 of 8 ends

D. Funding Availability
It is mutually agreed that if the Federal, State or City budget for the current year and/or any subsequent years pursuant to this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the City shall have no liability to pay any funds to the Contractor or to furnish other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

Contractor’s assumption of risk of possible non-appropriation is part of the consideration of this Agreement. City budget decisions are subject to the discretion of the City Council. State budget decisions are subject to the discretion of the state legislature and governor. Federal budget decisions are subject to the discretion of Congress.

If funding for any fiscal year is reduced or deleted by the Federal/State/City budget for purposes of this program, the City shall have the option to either cancel this Agreement with no liability occurring to the City or offer an Agreement amendment to the Contractor to reflect the reduced amount.

E. Certifications, Hold Harmless, and Contract Template Successful bidder(s) will be asked to certify compliance with the following and sign the contract templates included in Attachment A (Design) and Attachment B (Construction).

1 Rural Recreation and Tourism Program – Prop. 68 Project Selection Criteria Requirements Grantee: City of Angels
Project Name: Utica Park Lightner Mine Expansion
Grant Amount: $3,000,000
Project Location: Angels Camp, CA – Calaveras County
Project Scope: Acquire 3.82 acres in the City of Angels. Improve Utica Park by constructing new amphitheater, interpretive hiking trail and parcourse, Mark Twain Statue, trailhead kiosk, pavilion, bocce courts, outdoor gym equipment, basketball court, playground, and restrooms.

Design Input
Method #1 – Traditional Public Meetings
Traditional Public Meeting Method
The primary design ideas originating from this public outreach focused on the children's playground. Specifically, ideas focused on the current deteriorated state of the aged equipment and need to demolish the facility in favor of a more creative and accessible playground. While the primary idea behind the playground came from these meetings, the final "version" of the playground design which evolved over all outreach events, is summarized here as follows. All identified design ideas came from outreach and are being incorporated in the park.

Children’s Playground
Divide the children’s play areas into facilities for ages 0-5 and 6-13. Fence the play areas to avoid children running into the street. Provide ample seating areas for parents and grandparents and ADA accessibility to allow seniors to watch children play and for physically challenged children to access the play area. Overall design should be creative and not like every other playground. Encourage imagination play. Fewer poles and decks and more play structures are a must.

Nature-oriented design incorporating sculptural climbing structures such as a frog or dinosaur, “trees” anchoring slides, climbing structures and providing a treehouse-type adventure area with other climbing structures are highly rated by residents.

Incorporating a play structure(s) reflecting the site’s mining history, railroad history, toy excavator, and/or a fire engine that can be “driven” is encouraged.

Other specific structures may include:
• More swings, a wider variety of swings including disc-swing(s), parent/child swing, ADA accessible swing,
double-swings
• Music/percussion play instruments
• Climbing structures
• Monkey bars (not curved monkey bars)
• Old standards including a merry-go-round type structure and see-saw ATTACHMENT 1
Rural Recreation and Tourism Criteria Requirements City of Angels Utica Park Expansion 2 • Spring animals (rocking/riding animals)
Method #2 – Idea Boards and Visioning
While multiple features were identified, specific design ideas from this method included:

Basketball Courts
A standard basketball (full court) is proposed (both for reasons of socialization, safety, and physical fitness). A volleyball area may be possible on the proposed event area but is not a formal amenity proposed at this time.

Bathrooms
The park’s bathrooms were almost universally identified as requiring renovation to improve their suitability for children (no privacy stalls exist in the men’s bathroom) and adults. Given the extent of necessary renovations for the existing bathrooms and the need to increase overall access to bathrooms, renovation of the existing bathrooms is being deferred to the future. New bathrooms are proposed (preferably self-cleaning, similar to those recently installed in Stockton). Residents request that the new bathrooms include hand blowers, trash cans, baby changing station, hand wipes, and be ADA accessible.

Shaded seating/covered small meeting areas
Teens noted there is nowhere to meet in small groups privately with other teens and identified this feature. Several shade structures with seating are proposed. One shade structure may be in the form of a gazebo.

Covered Multi-Use Pavilion
The new multi-use pavilion should be designed to allow for a small stage/raised dais at one end for small weddings, parties, bands for private events. The roofline(s) should avoid a broad expanse of flat surface with an attractive appearance from SR 49, should be vented to promote air flow and increase natural light and should have open eaves rather than a low, flat surface to provide an airy feel. Given the existing high demand for the covered picnic area, the pavilion should be designed to accommodate both large events and multiple smaller events—simultaneously, if possible. Sufficient electrical outlets and lighting should be provided. The kitchen area/snack shack should be relocated and better incorporated into the pavilion design to accommodate cooking and serving for large events (including emergencies). For sustainability, the use of natural stone and metal-type roofing is preferred over materials that deteriorate rapidly.

Similarly, stamped-concrete flooring should be considered. ADA access should be improved in comparison to the current facility. As with the amphitheater, the design should avoid a modern appearance in keeping with the character of the historical downtown district.

Students also provided the design recommendation for the hydration stations proposed to reduce waste and provide clean water at the site.
3 Students also recommended that wi-fi be provided in the park. This is being accomplished under a separate program.

Students recommended a skate park. This is being considered at an alternative location at this time.

Method #3 – Plan-A-Park Booth
In order of popularity, selected park features (and design) selected through the "poker chip voting" and methods described above using the Plan-A-Park Booth approach resulted in the following features identified with specific design features identified throughout multiple outreach events:

Amphitheater (proposed) - Specific design ideas (ability to serve multiple events, a kitchen) evolved from these events and methods. Location was refined through methods #4 and #5.

Children’s Playground (a new playground is commencing construction using the state’s Per Capita funding and a private donation, additional amenities are proposed under this project).

Bocce new/Horseshoe Pits (Bocce is proposed, horseshoe pits will be retained) Basketball court (proposed)
Shaded structures for seating and small groups (proposed in project) Renovate/Replace/Re-Design Covered Picnic Area (a multi-function pavilion is proposed)
Trail/Parcourse (An interpretive trail and parcourse are proposed) Art --existing mosaics at the existing bathrooms will be retained, conservation of the existing Mark Twain statue and creation of a new statue (preferably bronze) is included in this proposal.

Outdoor Gym Equipment (Note: This item was added towards the end of the outreach process. Once added to the list of features, it received overwhelming support and would likely have rated higher in the list had it been identified earlier). It is included in the proposed project design.

Method #4 – Custom Plan-A-Park Booth and Focused Design for Potentially Underserved Groups
Specific design ideas that came from the Custom Plan-A-Park Bothh and Focused Design for Potentially Underserved Groups include:

Amphitheater
4 The outdoor amphitheater is expected to include coliseum/terraced type seating to match the existing site contour (a bowl in the middle of the expansion parcel). It should have a covered stage if a suitable design is found that fits with the natural and historical surroundings. Roof shape should accentuate acoustics. The design should avoid a modern appearance in keeping with the character of the National Register eligible downtown district. It will be sized to accommodate a 30-piece band consistent with the community’s 100+-year-old community band, will be oriented to avoid sun in the audience and performer’s eyes, include (if financially feasible) a turntable for staging plays, entrance/exit for actors, lighting/communications for stage productions and be suitable for music in the park, movies in the park, dances and plays, including local productions from local production companies and students, and Mark Twain reenactors. Note: Much of the design here came from a retired theatre manager at Foohill Senior Living Community (see project photos).

Trail/Parcourse/Outdoor Gym/Interpretive Plaques
Walking and biking trail (natural surface for pedestrians and portions paved for bicycles and ADA accessibility). The on-site walking trail will provide for “Monday miles” or similar goals where the trail is marked with ¼ mile benchmarks and users can set a goal of multiple laps on specific days to achieve a mile (or more) walk. Stretching and cardio stations (parcourse) along the trail will be included.

Outdoor gym equipment to include outdoor versions of similar indoor gym equipment with an emphasis on adult and senior fitness including flexibility, strengthening and some cardio. Residents identified preferred outdoor equipment on Idea Boards during the planning process.

Interpretive plaques are recommended to be metal and similar in design to those recently used on the Stanislaus National Forest for durability. The plaques will identify the multiple historical features on the site (primarily mining features), describe the site’s history and Angels Camp history, how the various mining equipment on site was used, and how both hard rock and surface mining were performed. The location of existing pits, names of on-site equipment, role of various platforms and structures still present from mining operations will be noted along the walking trail.

Horseshoe Pits/Bocce Courts
Existing horseshoe pits will be retained. Bocce leagues are present in the area and will be constructed to the appropriate standards.

Overall accessibility issues are being addressed in project design.

Method #5 – Focused Design and Location with Visioning Boards and Site Plan The "Focused Design and Location with Visioning Boards and Site Plan" methodology resulted in the following design and location ideas:

Amphitheater
5 The expansion site consists of a deep bowl with one side rising upwards to SR 49 and the other rising towards Bush Street and abandoned mining equipment and structures.

A large majority of residents found that the existing bowl would provide the perfect location for the amphitheater stage with stepped/coliseum-type seating terracing down to the stage. In short, the site topography controlled the location of the proposed amphitheater. Some relocation may be required based on the site’s geotechnical report and potential issues associated with the former mine site/shaft; however, ample room remains on the expansion parcels to accommodate the amphitheater. In addition, single-family residences face existing Utica Park. Although most residents adjacent to the park have lived there many years, even generations, and embrace the adjacent park, locating an amphitheater in the existing park has the potential to provide land use conflicts with existing residential uses in the existing Utica Park boundaries.

Playground
Most residents indicated a preference for retaining the playground area in its current location given the relatively flat topography and nearby parking and restrooms.

Covered Multi-Function Pavilion
Residents did not express strong feeling for re-locating the existing covered picnic area.

Given other site constraints and the proximity of the site to parking (easy loading and unloading supplies for parties and the kitchen), it is proposed for the new pavilion to replace the former picnic area.

Adult Gym Equipment
Residents split 50-50 on whether to locate the adult gym equipment next to the children’s play area (great for parents to work out while watching their kids) versus locating it away from the children’s play area (good for parents uncomfortable with the idea of unfamiliar adults working out near their children). As discussed in the “safety” section, the project proposes to locate adult gym equipment away from the children’s play area in deference to parents who may otherwise be uncomfortable with nearby strangers.

Mark Twain Statue
Residents remain almost equally divided in their feelings related to where the existing Mark Twain should ultimately reside (as previously noted, it is located in a relatively "hidden" corner of the park and may be too fragile to relocate). Further discussions with the Visitor’s Bureau identified a “Hollywood-style” solution addressing both the need to reverse/arrest deterioration of the existing statue and identify a potential new location for the existing or a new statue. A 3D scan of the existing statue will be undertaken to preserve the statue for all time. A temporary-material scale-model casting of the statue (styrofoam is generally used) will be made and painted “Hollywood-style”. The new temporary statue will be located throughout the park with residents and visitors casting their vote for the best permanent location for a new Mark Twain statue. A re-dedication of the statue by Warner Brothers is being planned.

New Entry/Exit
6 Residents expressed support for the proposed new pedestrian entrance—an entrance that appears to have formerly existed will be replaced in conjunction with the project.

During large events, many park cars off-site or along the highway. The “restored” pedestrian entry will provide an entrance to the park that reduces the distance pedestrians must walk along the highway to enter the park and re-directs pedestrians off the narrow “Sam’s Way” entrance shared with autos to a safer entry dedicated to pedestrians.

Other Features
Residents expressed no preference for the location of remaining facilities. The site plan reflects a collection of “senior” use facilities near parking for reasons of accessibility.

In conjunction with identifying park design and location, residents were asked to share ideas for making the park safe. Many provided their suggestions unprompted as necessary elements of each feature (e.g., bathrooms, skate park). Safety ideas were recorded on blank sheets on an easel.

List of public safety ideas incorporated in project design include:
• Fencing the children’s play area to prevent running into the parking area • Replacing wood chips in children’s play area with rubber or alternative surface for safety
• Providing an open area for kids to fly kites to keep them from playing in the parking lot (see proposed event area
• Providing paved walkways for wheelchairs, walkers due to the uneven walking surface on grass
• Adding a basketball court so that children don’t play in the parking lot (children currently use a portable hoop at a neighboring resident’s house that borders on and encroaches into the park’s street entrance and parking area) • No smoking in the park (fire safety, public health)
• Clearing brush and shrubs to provide a clear line-of-site, eliminate places to hide, reduce the potential for homeless encampments, and reduce fire hazard.

Landscaping should emphasize retaining a clear line of site through the park. • Increasing police patrols through the park
• Installing a camera(s) connected to the police department. Adding additional lighting to extend the hours of park use and improve safety for evening events (lighting for new facilities is proposed - additional lighting will be budget dependent)
• Excluding the use of exposed chains on swings for small children • Separating adult and children play areas
• Adding a designated drop-off/pick up area
• Removing tree stumps near the children’s play area
• Separating older and younger children play areas
• Incorporating a through access for fire safety/ingress egress (project design preserves a portion of this egress)
• Designing the park to provide a fire break between the historic downtown district and the central commercial district (lessons learned from the 2020 O’Reilly Fire). 7 • Renovating the Existing Picnic Area
The existing covered picnic area is highly visible from SR 49 (SR 49 through the City of Angels Camp is part of the State Scenic Highway System) and the City’s historical district. The large expanse of low/hot roof is incompatible with the historical context and scenic status of the SR 49. Viewed from within the park, the pavilion appears dark with a low roof and, according to many residents, has poor ventilation.
• Removing dead trees and stumps
Tree stumps have provided un-safe play structures for children. The proposed new playground will replace these features with child-safe climbing structures. • Preserving the Mark Twain Statue/New Mark Twain Statue The 1944 Warner Brother’s Mark Twain Statue is plaster and highly deteriorated.

It requires restoration to return it to its past glory. The statue will be 3D-scanned to create a mold, then cast to with a temporary-material to create a to-scale moveable temporary statue. Residents will vote on a permanent location for the statue. A new, preferably bronze, statue will be produced for this project. • Clearing Brush and Shrubs
The vacant lots proposed for acquisition is covered with non-native invasive trees and weeds. The proposed park expansion will remove these in favor of landscaping and recreational facilities to be maintained by the City. Minimal (or no) new turf is proposed. It is anticipated that total turf areas in the overall park will, in fact, be reduced.
• Increasing Park Visibility
The addition of a new park entrance will open the park visibly to Main Street providing a vastly more welcoming entrance to the park.

Employment or Volunteer Opportunities
Employment or Volunteer Opportunity Number of residents/corpsmembers Angels Camp Community Club volunteers
will work with local youth or, if amenable,
local homeless to teach them
landscaping/tree planting skills
5 Bret Harte High School Leadership Class
Participation/leadership in communitybased park planning committee including park design planning
2 Bret Harte High School/Columbia College
- Assist in researching/writing text for
interpretive plaques
1 Sierra Hope Transitional House - The City
recently assisted Sierra Hope in 2
8 establishing a transitional home in the
City. The transitional home targets
homeless families and will provide job
training and help relocate the families to
permanent housing. As “good neighbors,”
and a means to assist in job training and
foster a sense of belonging to the
community, Sierra Hope has offered the
services of residents to assist in
community activities (e.g., park
maintenance, construction)
Remove dead and dying trees and
vegetation (a highly sought-after skill in
the Central Sierras due to fire hazards);
Help with sitework to prepare the
expansion area; Assist in undertaking
improvements on the existing site
(remove and assemble new playground,
install fencing, demoliton) (CALCC/CCC)
24 Corpsmembers
Partnerships or Committed Funding
Name of Partner Role or Funding
Angels Camp Community Club AC3 hired grant writers on behalf of the City using monies raised through their
fund-raising efforts, helped staff outreach
booths, and coordinated social media
outreach to promote events. Initially, AC3
focused on improving the children’s
playground at Utica Park. Later, in
partnership with the City, and through
public outreach, they determined what
other improvements were needed. This
grant application is the result of the efforts
that this community group spearheaded.

If successful, the City and AC3 will
continue its partnership through formation
of a community committee to undertake
final park planning and design. AC3 has
committed to continue fund-raising efforts
to undertake ongoing park maintenance.

To date, they have raised more than
$150,000
Destination Angels Camp Development
Corporation
As identified in the Angels Camp Main
Street Plan, events in Utica Park enhance
9 the economic vitality of the downtown
historic district. An amphitheater/concert
venue is a recommended park amenity
supported by local businesses. As a
community partner and facilitator of
economic development in the City, DAC
will participate on the community park
design committee ensuring that local
businesses have input on amphitheater
and other park design issues and that,
once built, DAC will help promote
movies/concerts/plays in the park.

Dignity Health – Mark Twain Medical
Center
The County’s only hospital is Dignity
Health Mark Twain Medical Center in San
Andreas. MTMC anticipates providing
input through the community park design
committee ensuring that the outdoor gym,
trail/parcourse and other new recreational
facilities meet healthy living goals (e.g.,
Monday mile design for the pedestrian
trail).

Environmental Design
Sustainable Technique Description
Pervious surfacing The pedestrian trail/parcourse will use pervious surfacing throughout the
expansion parcel. Terraced seating for
the amphitheater will incorporate pervious
surfacing—turf will be minimized or
excluded
Water Efficient Irrigation New landscaping on the expansion site and within renovation areas will use rain
sensors, evapotranspiration controllers,
flow sensors to reduce water
consumption. If final plans incorporate a
water feature, recycled water will be
used.

Recycle Construction Waste Construction waste resulting from demolition of the existing playground and
pavilion (e.g., concrete, wood) will be
separated and recoverable materials will
be recycled. Construction waste
generated during new construction will be
10 separated and recoverable materials will
be recycled
Replace non-native invasive plant
species with appropriate natives, nativeequivalents and historic ornamentals; use extensive mulching from vegetation
management efforts to minimize weeds
(wood chipping); exclude the use of
glyphosphates and 2,4-D; use only
organic herbicides, organic fertilizers and
organic pesticides if needed; plant
species that attract beneficial insects.

Non-native invasive Chinese tree-ofheaven (Ailanthus altissima) and star thistle (Centaurea solstitialis) cover the
mined areas of the expansion lot and will
be removed. The new planting palette for
the park will include native oaks and
ornamental trees with high carbon
sequestration potential; ground covers
will be climate appropriate species
generally of the same genera as local
natives (e.g., trailing manzanita -
Arctostaphylos "emerald carpet" and
grasses similar to native perennial
grasses; species planted by early settlers
to Angels Camp reminiscent of their origin
countries also may be included (e.g., nonfruiting olives, cork oaks, old roses); Native American cultural plants (Coyote
mints, native grasses); and plants
attracting beneficial insects (e.g. , mints,
rosemary, thyme, marigold). To assist in
controlling weeds and minimize herbicide
use, the City will significantly increase the
use of mulch throughout the existing park
and expansion area using wood chips
from site preparation and from chips
produced by the City's ongoing
vegetation management programs. The
site will minimize exposed and noncultivated areas of soil to discourage weeds. Removing the existing invasives
will assist in reducing re-seeding. If
herbicides are needed, organic herbicides
(e.g., vinegar/salt/water; Ultra Dawn/
water for mosses; diatomaceous earth
and hand pulling) will be employed.

Organic fertilizers will be used. In addition
to planting species attracing beneficial
insects (mint, rosemary, thyme,
marigolds); the City will use only organic
pesticides (e.g., orange oil,
Chrysanthemum spray/Pytrethrin oil,
diatomacous earth and Neem oil/soap
(sparingly only on targeted pests).
11 Carbon sequestration tree planting. Non-native invasive Tree-of-Heaven will be removed and replaced with at least 12,
5-gallon native oaks and/or ornamental
trees with high carbon sequestration
including, for example: Valley oak,
Sycamore, Liquidamber, Scarlet oak,
Tulip tree
Safe and reliable drinking water
conservation technique
Two hydration stations will be installed at
the park. Both will be under cover (i.e.,
not pole mounted in the open and
exposed to weather) to prolong their
useful life. Hydration stations will allow
park visitors to fill and re-fill their own reusable water bottles significantly reducing the use of plastic and styrofoam cups and
plastic bottles. Filtered water provided by
the systems provides safe and reliable
drinking water without waste.

Energy conservation technique (electrical
vehicle charging station, eco-friendly
roofing)
The park will incorporate eco-friendly
roofing on new and renovated structures
funded pursuant to the grant. Eco-friendly
roofing shall be either metal roofing or
cool roofing (or a combination of both)
whichever is most feasible, cost-effective
and consistent with final design. White
roofing is not anticipated given the high
visibility of park structure roofing from SR
49, the need to blend with the historical
district, and to avoid excessive reflectivity.

Public Use Fees and Hours of Operation
7 days a week (Sunday – Saturday)
Sunrise to Sunset
ADDENDUM #1

REQUEST FOR PROPOSALS
Phase II Utica Park/Lightner Mine Expansion
Utica Park/Lightner Mine Expansion and
Renovation
Released January 4, 2023 Addendum 1/10/23
Non-Mandatory Pre-Submittal Conference On-site
1075 Utica Lane (Utica Park), Angels Camp, CA 95222
January 31, 2023, 1:00 p.m.

Deadline for Proposal Submission (Online Only)
February 17, 2023, 12:00 p.m.

Inquiries: Please direct questions to:

Amy Augustine, City Planner
[email protected]
(209) 743-2323

CITY OF ANGELS
PO Box 667, 200 Monte Verda St., Suite B
Angels Camp, CA 95222
ATTACHMENT 1
Rural Recreation and Tourism Criteria Requirements City of Angels Utica Park Expansion
Table of Contents
Request for Proposals................................................................. Error! Bookmark not defined.

I. PROJECT SUMMARY AND DESCRIPTION ....................... Error! Bookmark not defined.

II. REQUIRED PROPOSAL SUBMITTALS/ORGANIZATION .. Error! Bookmark not defined.

III. CONTACT........................................................................ Error! Bookmark not defined.

IV. PROJECT TIMETABLE.................................................... Error! Bookmark not defined.

V. PROPOSAL EVALUTION AND SELECTION....................... Error! Bookmark not defined.

VI. GENERAL CONDITIONS................................................. Error! Bookmark not defined.

Contract Information ................................................................... Error! Bookmark not defined.

A. City of Angels ..................................................................................... Error! Bookmark not defined.

B. Term/Termination.............................................................................. Error! Bookmark not defined.

C. Successful Bid as Part of Contract Services........................................ Error! Bookmark not defined.

D. Funding Availability............................................................................ Error! Bookmark not defined.

E. Certifications, Hold Harmless, and Contract Template...................... Error! Bookmark not defined.

Attachment 1 - Rural Recreation and Tourism Grant Criteria Requirements City of Angels Utica Park Expansion
Attachment A – Contract Template (Design)
Attachment B – Construction Template (Construct)
ADDENDUM #1
All aspectsof the RFP as released remain the same except as follows:

Due to funding and contracting contraints associated with Community Development Block Grant funds, the $167,000 allocated for new bathrooms under the Community Development Block Grant to be spent prior to December 31, 2023; is hereby removed from the RFP. A separate RFP will be released for the bathrooms only.

Access Report
Agency City of Angels
Bid Number
Bid Title Utica Park/Lightner Mine Expansion Project: Phase II Renovation and Expansion Vendor Name Accessed First Time Most Recent Access Documents Most Recent Response Date Foundation for Fair Contracting 2023-01-31 11:05 AM PST 2023-01-31 11:05 AM PST ROYSTON HANAMOTO ALLEY & ABEY 2023-01-12 12:53 PM PST 2023-01-12 12:53 PM PST Utica Park RFP Packet without Contracts.pdf Construction Bidboard, Inc. 2023-01-04 10:33 AM PST 2023-01-10 01:50 PM PST ADDENDUM #1 Bid Package Expansion and Renovation .pdf Attachent B Angels Construction Services Contract Template (Large Bid) (CW097768xDCB^.^.pdf Attachment A Professional Services Template.pdf Utica Park RFP Packet without Contracts.pdf ConstructConnect 2023-01-09 02:17 AM PST 2023-02-16 02:41 PM PST ADDENDUM #1 Bid Package Expansion and Renovation .pdf Utica Park RFP Packet without Contracts.pdf Shah Kawasaki Architects 2023-01-10 09:31 AM PST 2023-01-10 04:53 PM PST ADDENDUM #1 Bid Package Expansion and Renovation .pdf Utica Park RFP Packet without Contracts.pdf Play By Design, LLC. 2023-01-17 09:52 AM PST 2023-01-17 09:57 AM PST ADDENDUM #1 Bid Package Expansion and Renovation .pdf Attachent B Angels Construction Services Contract Template (Large Bid) (CW097768xDCB^.^.pdf Attachment A Professional Services Template.pdf Utica Park RFP Packet without Contracts.pdf Black Water Consulting Engineers, Inc. 2023-01-10 02:38 PM PST 2023-01-10 02:38 PM PST EA 2023-01-09 09:19 AM PST 2023-01-10 10:14 PM PST Attachent B Angels Construction Services Contract Template (Large Bid) (CW097768xDCB^.^.pdf Attachment A Professional Services Template.pdf Utica Park RFP Packet without Contracts.pdf INTEGRA Planning Architecture 2023-01-10 08:52 AM PST 2023-01-10 08:53 AM PST Attachent B Angels Construction Services Contract Template (Large Bid) (CW097768xDCB^.^.pdf Attachment A Professional Services Template.pdf Utica Park RFP Packet without Contracts.pdf GCL, Inc. 2023-01-13 10:44 AM PST 2023-01-17 02:18 PM PST Attachent B Angels Construction Services Contract Template (Large Bid) (CW097768xDCB^.^.pdf Attachment A Professional Services Template.pdf Utica Park RFP Packet without Contracts.pdf Robert E. Boyer Construction, Inc. 2023-01-30 11:42 AM PST 2023-02-17 11:58 AM PST ADDENDUM #1 Bid Package Expansion and Renovation .pdfAttachent B Angels Construction Services Contract Template (Large Bid) (CW097768xDCB^.^.pdfAttachment A Professional Services Template.pdfUtica Park RFP Packet without Contracts.pdf 2023-02-17 11:58 AM PST SWA Group 2023-01-10 12:20 PM PST 2023-01-10 12:29 PM PST ADDENDUM #1 Bid Package Expansion and Renovation .pdf Attachent B Angels Construction Services Contract Template (Large Bid) (CW097768xDCB^.^.pdf Attachment A Professional Services Template.pdf Utica Park RFP Packet without Contracts.pdf Parikh Consultants, Inc. 2023-01-10 10:11 AM PST 2023-01-10 10:12 AM PST Utica Park RFP Packet without Contracts.pdf Dodge Data & Analytics 2023-01-05 08:40 PM PST 2023-02-10 12:09 AM PST ADDENDUM #1 Bid Package Expansion and Renovation .pdf Attachent B Angels Construction Services Contract Template (Large Bid) (CW097768xDCB^.^.pdf Attachment A Professional Services Template.pdf Utica Park RFP Packet without Contracts.pdf IMS 2023-01-09 02:42 AM PST 2023-02-06 01:36 AM PST Utica Park RFP Packet without Contracts.pdf The Bid Lab 2023-01-04 01:26 PM PST 2023-02-17 12:50 AM PST BidClerk 2023-01-10 05:07 AM PST 2023-02-08 10:07 PM PST Attachent B Angels Construction Services Contract Template (Large Bid) (CW097768xDCB^.^.pdf Attachment A Professional Services Template.pdf Utica Park RFP Packet without Contracts.pdf ADDENDUM #1 Bid Package Expansion and Renovation .pdf K.W. Emerson, Inc. 2023-01-19 01:07 PM PST 2023-01-19 01:09 PM PST Attachent B Angels Construction Services Contract Template (Large Bid) (CW097768xDCB^.^.pdf Attachment A Professional Services Template.pdf Utica Park RFP Packet without Contracts.pdf ADDENDUM #1 Bid Package Expansion and Renovation .pdf ICP 2023-01-20 08:39 AM PST 2023-01-20 08:42 AM PST Utica Park RFP Packet without Contracts.pdf Attachment A Professional Services Template.pdf Attachent B Angels Construction Services Contract Template (Large Bid) (CW097768xDCB^.^.pdf ADDENDUM #1 Bid Package Expansion and Renovation .pdf Reed Construction Data 2023-01-11 03:54 AM PST 2023-01-11 03:54 AM PST Verde Design 2023-01-10 03:09 PM PST 2023-01-10 03:10 PM PST ADDENDUM #1 Bid Package Expansion and Renovation .pdf Attachent B Angels Construction Services Contract Template (Large Bid) (CW097768xDCB^.^.pdf Attachment A Professional Services Template.pdf Utica Park RFP Packet without Contracts.pdf Montauk 2023-01-13 11:50 PM PST 2023-02-15 01:27 AM PST ADDENDUM #1 Bid Package Expansion and Renovation .pdf Attachent B Angels Construction Services Contract Template (Large Bid) (CW097768xDCB^.^.pdf Attachment A Professional Services Template.pdf Utica Park RFP Packet without Contracts.pdf McGuire and Hester 2023-01-13 09:00 AM PST 2023-01-30 05:54 AM PST ADDENDUM #1 Bid Package Expansion and Renovation .pdf Attachent B Angels Construction Services Contract Template (Large Bid) (CW097768xDCB^.^.pdf Attachment A Professional Services Template.pdf Utica Park RFP Packet without Contracts.pdf Construction Software Technologies 2023-01-27 08:44 AM PST 2023-01-27 08:50 AM PST Utica Park RFP Packet without Contracts.pdf Dodge Data & Analytics 2023-01-04 03:05 PM PST 2023-02-20 08:55 PM PST ADDENDUM #1 Bid Package Expansion and Renovation .pdf Utica Park RFP Packet without Contracts.pdf Attachment A Professional Services Template.pdf Attachent B Angels Construction Services Contract Template (Large Bid) (CW097768xDCB^.^.pdf Climate Survival Solutions 2023-01-05 08:11 AM PST 2023-01-12 07:55 PM PST ADDENDUM #1 Bid Package Expansion and Renovation .pdf Utica Park RFP Packet without Contracts.pdf RED Inc Architects 2023-01-11 09:06 AM PST 2023-01-11 09:07 AM PST ADDENDUM #1 Bid Package Expansion and Renovation .pdf Attachent B Angels Construction Services Contract Template (Large Bid) (CW097768xDCB^.^.pdf Attachment A Professional Services Template.pdf Utica Park RFP Packet without Contracts.pdf Tukmol General Contractor 2023-01-06 02:38 AM PST 2023-01-06 02:40 AM PST iSqFt 2023-02-17 12:49 AM PST 2023-02-17 12:49 AM PST
Design Workshop 2023-01-12 02:30 PM PST 2023-01-12 02:32 PM PST ADDENDUM #1 Bid Package Expansion and Renovation .pdf Attachent B Angels Construction Services Contract Template (Large Bid) (CW097768xDCB^.^.pdf Attachment A Professional Services Template.pdf Utica Park RFP Packet without Contracts.pdf MIG, Inc. 2023-01-10 09:59 AM PST 2023-01-10 10:00 AM PST Attachent B Angels Construction Services Contract Template (Large Bid) (CW097768xDCB^.^.pdf Attachment A Professional Services Template.pdf Utica Park RFP Packet without Contracts.pdf ConstructConnect 2023-01-17 11:05 AM PST 2023-01-17 11:05 AM PST ADDENDUM #1 Bid Package Expansion and Renovation .pdf Attachent B Angels Construction Services Contract Template (Large Bid) (CW097768xDCB^.^.pdf Attachment A Professional Services Template.pdf Utica Park RFP Packet without Contracts.pdf lumos & Associates 2023-01-04 11:41 AM PST 2023-01-04 12:37 PM PST Utica Park RFP Packet without Contracts.pdf Attachent B Angels Construction Services Contract Template (Large Bid) (CW097768xDCB^.^.pdf SPEC 2023-01-09 09:34 AM PST 2023-01-26 03:12 PM PST Utica Park RFP Packet without Contracts.pdf Ford Construction Co., Inc. 2023-01-17 04:26 PM PST 2023-01-17 04:28 PM PST Utica Park RFP Packet without Contracts.pdf Attachment A Professional Services Template.pdf ADDENDUM #1 Bid Package Expansion and Renovation .pdf RIM Architects 2023-01-10 10:18 AM PST 2023-01-10 02:56 PM PST ADDENDUM #1 Bid Package Expansion and Renovation .pdf Attachent B Angels Construction Services Contract Template (Large Bid) (CW097768xDCB^.^.pdf Attachment A Professional Services Template.pdf Utica Park RFP Packet without Contracts.pdf Aspen Street Architects, Inc. 2023-01-04 11:59 AM PST 2023-01-10 11:48 AM PST ADDENDUM #1 Bid Package Expansion and Renovation .pdf Attachent B Angels Construction Services Contract Template (Large Bid) (CW097768xDCB^.^.pdf Attachment A Professional Services Template.pdf Utica Park RFP Packet without Contracts.pdf Blackburn Consulting 2023-01-10 09:13 AM PST 2023-01-30 10:25 AM PST ADDENDUM #1 Bid Package Expansion and Renovation .pdf Utica Park RFP Packet without Contracts.pdf Gutierrez/Associates Architects 2023-01-13 12:34 PM PST 2023-01-26 11:35 AM PST ADDENDUM #1 Bid Package Expansion and Renovation .pdf Utica Park RFP Packet without Contracts.pdf RPR Architects 2023-01-10 09:13 AM PST 2023-01-10 09:18 AM PST Attachent B Angels Construction Services Contract Template (Large Bid) (CW097768xDCB^.^.pdf Attachment A Professional Services Template.pdf Utica Park RFP Packet without Contracts.pdf AECOM Technical Sevices, inc. 2023-01-16 09:34 AM PST 2023-01-16 09:36 AM PST ADDENDUM #1 Bid Package Expansion and Renovation .pdf Attachent B Angels Construction Services Contract Template (Large Bid) (CW097768xDCB^.^.pdf Attachment A Professional Services Template.pdf Utica Park RFP Packet without Contracts.pdf Robert A. Bothman, Inc. 2023-01-06 09:10 AM PST 2023-01-06 09:11 AM PST Menemsha Solutions 2023-01-10 09:03 AM PST 2023-01-23 11:41 AM PST ADDENDUM #1 Bid Package Expansion and Renovation .pdf Attachent B Angels Construction Services Contract Template (Large Bid) (CW097768xDCB^.^.pdf Utica Park RFP Packet without Contracts.pdf TSI Engineering Inc 2023-01-09 05:35 PM PST 2023-01-09 05:35 PM PST Attachment B – RFP Views and Downloads
{CW097768.1} 1 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___

DESIGN AND CONSTRUCTION SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF ANGELS
AND ROBERT E. BOYER, INC.
for the UTICA PARK EXPANSION AND RENOVATION
THIS DESIGN AND CONSTRUCTION SERVICES AGREEMENT (the “Agreement”) is entered into by and between the CITY OF ANGELS, a California municipal corporation (“City”), and Robert E. Boyer, Inc., a California Corporation (“Contractor”), on this 7th day of March 2023 (the “Effective Date”). City and Contractor may be collectively referred to herein as the “Parties” or individually as “Party.” There are no other parties to this Agreement.

RECITALS
A. City seeks a duly qualified and licensed firm experienced in the design and construction of the Utica Park Expansion and Renovation (the “Project”).

B. Consultant is specially trained, experienced, and competent to perform the special services which will be required by this Agreement; and
C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

D. The Project involves the expenditure of funds in excess of $5,000 and constitutes a “public project” pursuant to Public Contract Code section 20161.

E. Contractor has made a proposal to City to provide the construction and design services, a copy of which is attached and incorporated hereto as Exhibit A (the “Services”).

F. City has determined it is necessary and desirable to employ the services of Contractor/Consultant to perform design and construction work on the Project.

G. City has taken appropriate proceedings to authorize construction of the Project and execution of this contract pursuant to Public Contract Code section 20160 et seq.; specifically, on March 7, 2023, at a duly noticed meeting of the City Council of the City of Angels Camp, this contract for the construction of the improvements hereinafter described was awarded to Contractor as the lowest responsive and responsible bidder for said improvements.

NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:

AGREEMENT

1. Contract Documents: This Agreement, together with the following documents, are collectively referred to herein as the “Contract Documents”:
and the Contract Documents shall govern in the order of precedence specified below:
{CW097768.1} 2 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___
i. Any and all supplemental agreements amending, decreasing, or extending the work contemplated or which may be required to complete the work in a substantial and acceptable manner
ii. Contractor’s Proposal;
iii. General Conditions, Supplementary Conditions, and Special Provisions of the City of Angels for the Utica Park Children’s Playground; iv. Plans and detailed drawings prepared for this Project and approved by City (“Project Plans”);
v. All bonds and insurance required by the Contract Documents; vi. The current edition of the City of Angels Camp Standard Specifications and Drawings; and
vii. Request for Proposal..

All of the Contract Documents are intended to incorporate the terms of the others so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as the “Contract.” In case of any dispute regarding the terms of the Contract, the decision of the City Engineer shall be final.

2. Term. The Contract shall be effective as of the Effective Date first stated above. Contractor shall not commence work on the Project until it has been given notice by City (“Notice to Proceed”).

The Contract shall terminate after City accepts Contractor’s performance of the Services by recording a Notice of Completion with the County of Calaveras Clerk Recorder (the “Term”), unless the Parties mutually agree in writing to terminate the Contract earlier or extend the Term in an agreed writing executed by both Parties.

3. Scope of Work.
(a) Services. Contractor shall perform the Services described in Exhibit A, subject to all terms and conditions in the Contract. Contractor shall not receive additional compensation for the performance of any Services not described therein.
(b) Modification. City, at any time, by written order, may make changes within the general scope of the work under this Agreement or issue additional instructions, require additional work or direct deletion of work. Contractor shall not proceed with any change involving an increase or decrease in the Contract Price, as defined in Section 4 of this Agreement, without prior written authorization from City. Contractor shall not be entitled to compensation for the performance of any such unauthorized work. Contractor further waives any and all right or remedy by way of restitution or quantum meruit for any and all extra or changed work performed without express and prior written authorization of City. Notwithstanding the foregoing, Contractor shall promptly commence and diligently complete any change to the work subject to City's written authorization issued pursuant to this Section ; Contractor shall not be relieved or excused from its prompt commencement of diligent completion of any change subject to City's written authorization by virtue of the absence or inability of Contractor and City to agree upon the extent of any adjustment to the completion schedule or Contract Price on account of such change. The issuance of a change order pursuant to this Section 3 in connection with any change authorized by City shall not be deemed a condition precedent to {CW097768.1} 3 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___
Contractor's obligation to promptly commence and diligently complete any such change authorized by City hereunder. City's right to make changes shall not invalidate the Contract nor relieve Contractor of any liability or other obligations under the Contract. Any requirement of notice of changes in the scope of work to Contractor’s surety shall be the responsibility of Contractor. (c) Specific Materials & Performance of Work. Contractor shall furnish all tools, equipment, facilities, labor, and materials necessary to perform and complete, in good workmanlike manner, the work of general construction as called for and in the manner designated in, and in strict conformity with, the plans and specifications for said work entitled, “General Conditions and Special Provisions for [the Utica Park Children’s Playground].” The equipment, apparatus, facilities, labor, and material shall be furnished, and said work performed and completed as required by the Contract under the direction and supervision, and subject to the approval, of the City Engineer of or City Engineer’s designated agent.
(d) Exhibits. All “Exhibits” referred to below or attached hereto are, by this reference, incorporated into the Contract.

Exhibit Designation Exhibit Title

1. Exhibit A Scope of Services

2. Exhibit B Payment by Force Account

3. Exhibit C Workers’ Compensation Insurance Certification

4. Exhibit D Performance Bond

5. Exhibit E Payment Bond

4. Contract Price. City shall pay, and Contractor shall accept in full payment for the work set forth above in Section 3, Scope of Work, an amount not to exceed $2,275,000.00 (the “Contract Price”). Said amount shall be paid pursuant to Section 8 of this Agreement. The Contract Price may only be changed by a contract change order. The value of any work covered by a contract change order for an adjustment in the Contract Price will be determined in the sole discretion of City as follows:
(a) If the work performed is on the basis of unit prices contained in the Contract Documents, the change order will be determined in accordance with the provisions in Section 4-1.05, “Changes and Extra Work”, of the Caltrans Standard Specifications, as applicable; or (b) If the work performed is not included on the engineer’s estimate associated with a unit price, the change order will be by a mutually agreed lump sum; or (c) If the change order is not determined as described above in either subdivision (a) or (b), the change order will be determined on the basis of force account in accordance with the provisions set forth in Exhibit B, “Payment by Force Account,” attached hereto and incorporated herein by reference.

5. Time for Performance. The time fixed for the commencement of work under the Contract is within ten (10) working days after the Notice to Proceed has been issued. The work on this project, including all punch list items, withing ___working days (the “Completion Date”) beginning on the first day of work or no later than the tenth day after the Notice to Proceed has been issued. {CW097768.1} 4 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___
(a) Right of City to Increase Working Days: If Contractor fails to complete the Services by the Completion Date due to delays within the control of Contractor, the City Engineer shall have the right to increase the number of working days in the amount the City Engineer may determine will best serve the interests of City, and if the City Engineer desires to increase said number of working days, the City Engineer shall have the further right to charge Contractor and deduct from the final payment for the work liquidated damages as provided for in Section 5(d). No extension of time for completion of Services under the Contract shall be considered unless requested by Contractor at least twenty (20) calendar days prior to the Completion Date, in writing, to the City Engineer.

The Completion Date may only be changed by a contract change order. The value of any work covered by a contract change order for an adjustment in the Completion Date will be determined as follows:
i. Additional working days will be awarded where the amount of time is mutually agreed upon by Contractor and the City Engineer; or
ii. Additional working days will be awarded where Contractor is prevented from completing any part of the work identified on the critical path and:

1. where the delay is caused by acts of public enemy, fire, floods, tsunamis, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes, shortage of materials and freight embargos, unforeseen weather, or other acts of God, provided that Contractor shall notify Engineer in writing of the causes of delay within fifteen (15) days from the beginning of that delay; or

2. where the delay is caused by actions beyond the control of Contractor; or

3. where the delay is caused by actions or failure to act by the City Engineer or City.

Contractor shall not be entitled to an adjustment in the Completion Date for delays within the control of Contractor. Delays resulting from and within the control of a subcontractor or supplier of Contractor shall be deemed to be delays within the control of Contractor. (b) Excusable Delays. Contractor shall not be in breach of the Contract in the event that performance of Services is temporarily interrupted or discontinued due to a “Force Majeure” event which is defined as: riots, wars, sabotage, civil disturbances, insurrections, pandemic, epidemic, or explosions; natural disasters, such as floods, earthquakes, landslides, and fires; strikes, lockouts, and other labor disturbances; unforeseen weather; or other catastrophic events, which are beyond the reasonable control of Contractor. Force Majeure does not include Contractor’s financial inability to perform, Contractor’s failure to obtain any necessary permits or licenses from other governmental agencies, or Contractor’s failure to obtain the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of Contractor. If Contractor’s performance of the Services is delayed by an excusable delay, the Completion Date shall be extended for such reasonable time as determined by the City Engineer. Extensions in time must be requested by Contractor within fifteen (15) calendar days of the excusable delay in order to receive consideration. {CW097768.1} 5 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___
(c) Emergency - Additional Time for Performance - Procurement of Materials. If Contractor is, through no fault of Contractor, unable to perform the Services, due to unavailability or delays in procurement of materials,or the work is thereby suspended or delayed, any of the following steps may be taken:
i. City may, pursuant to resolution of the City Council, grant Contractor additional time for the performance of the Contract, sufficient to compensate in time, for delay or suspension.

To qualify for such extension in time, Contractor within ten (10) days of Contractor's discovering such inability to perform, shall notify the City Engineer in writing thereof, and give specific reasons therefore; the City Engineer shall thereupon have sixty (60) days within which to procure such needed materials or labor as is specified in this agreement, or permit substitution, or provide for changes in the work in accordance with subdivision (b) of this Section.

Substituted materials, or changes in the work, or both, shall be ordered in writing by the City Engineer, and the concurrence of the City Council shall not be necessary.; or
ii. If such materials or labor cannot be procured through legitimate channels within sixty (60) days after the filing of the aforesaid notice, either Party may, upon thirty (30) days' written notice to the other, terminate this agreement. In such event, Contractor shall be compensated for all work executed upon a unit basis in proportion to the amount of the work completed, or upon a cost-plus-ten-percent (10%) basis, whichever is the lesser. Materials on the ground, in process of fabrication or in route upon the date of notice of termination specially ordered for the Project and which cannot be utilized by Contractor, shall be compensated for by City at cost-plus-ten-percent (10%) basis, including freight, provided Contractor shall take all steps possible to minimize this obligation; or iii. The City Council, by resolution, may suspend the Contract until the cause of inability to perform is removed for a period of not to exceed sixty (60) days.

If the Contract is not canceled, and the inability of Contractor to perform continues without fault on Contractor's part, beyond the time during which the Contract may have been suspended, as herein above provided, the City Council may further suspend the Contract, or either Party hereto may, without incurring any liability, elect to declare the Contract terminated upon the ground of impossibility of performance. In the event City declares this agreement terminated, such declaration shall be authorized by the City Council by resolution, and Contractor shall be notified in writing thereof within five (5) days after the adoption of such resolution. Upon such termination, Contractor shall be entitled to proportionate compensation at the Contract Price for such portion of the Contract as may have been performed, plus payment of all costs incurred by reason of such termination (including, without limitation, payment of all necessary costs incurred to perform {CW097768.1} 6 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___
or to prepare for the performance of the Work and for materials and equipment ordered for the Project), plus fifteen percent (15%) mark-up upon such costs as overhead and profit;; or
iv. City may terminate the Contract, in which case Contractor shall be entitled to proportionate compensation at the agreed rate for such portion of the Contract as may have been performed plus payment of all costs incurred by reason of such termination (including, without limitation, payment of all necessary costs incurred to perform or to prepare for the performance of the Work and for materials and equipment ordered for the Project), plus fifteen percent (15%) mark-up upon such costs as overhead and profit. Such termination shall be authorized by resolution of the City Council. Notice thereof shall be forthwith given in writing to Contractor, and the Contract shall be terminated upon receipt by Contractor of such notice.

In the event of the termination provided in this sub-paragraph (iv), none of the covenants, conditions or provisions hereof shall apply to the Services not performed, and City shall be liable to Contractor for the proportionate compensation last herein mentioned.
(d) Delay Damages. In the event Contractor, for any reason, fails to perform the Services to the satisfaction of the City Engineer by the Completion Date, City may, in accordance with Section 7203 of the Public Contract Code, in lieu of any other of its rights authorized by Section 6 of this agreement, deduct from payments or credits due Contractor after such breach a sum equal to Two hundred fifty Dollars ($250.00) for each calendar day beyond the Completion Date. This deduction shall not be considered a penalty but shall be considered as delay damages. The aforementioned rate of deduction is an amount agreed to by the Parties as reasonably representing additional construction engineering costs incurred by City if Contractor fails to complete the Services by the Completion Date. Due account shall be taken of any time extensions granted to Contractor by City. Permitting Contractor to continue work beyond the Completion Date shall not operate as a waiver on the part of City of any of its rights under the Contract nor shall it relieve Contractor from liability for any damages or costs resulting from delays to other contractors on the project or other projects caused by a failure of the assessed Contractor to complete the Services by the Completion Date.

6. Termination.
(a) Option of City to Terminate Contract for Failure to Complete Services. If a Party should fail to perform any of its obligations hereunder within the time and in the manner herein provided, or otherwise violates any of the terms of the Contract (the “Defaulting Party”), the other Party shall give notice to the Defaulting Party and allow the Defaulting Party ten (10) days to correct such deficiency. If the Defaulting Party does not correct such deficiency, the other Party may immediately terminate the Contract by giving written notice of such termination, stating the reason for such termination. In such event, Contractor shall be entitled to receive payment for all Services satisfactorily rendered until such termination plus payment of all costs incurred by reason of such termination (including, without limitation, payment of all necessary costs incurred to perform or to prepare for the performance of the Work and for materials and equipment ordered for the Project), plus fifteen percent (15%) mark-up upon such costs as overhead and profit, provided, however, there shall be deducted from such amount the amount of damage, if any, sustained by virtue of any breach {CW097768.1} 7 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___
of the Contract by Contractor, including Delay Damages. If payment under the Contract is based upon a lump sum in total or by individual task, payment for Services satisfactorily rendered shall be an amount which bears the same ratio to the total fees specified in this Agreement as the Services satisfactorily rendered hereunder by Contractor to the total services otherwise required to be performed for such total fee, provided, however, that there shall be deducted from such amount the amount of damage, if any sustained by City by virtue of any breach of the Contract by Contractor.

Upon termination, Contractor shall deliver copies of all Work Product, as defined in Section 19 of this Agreement, to City. If District terminates the Contract before Contractor commences any Services hereunder, City shall not be obligated to make any payment to Contractor. (b) If Contractor should be adjudged bankrupt or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or if it or any of its subcontractors should violate any of the provisions of the Contract, City may serve written notice upon it and its surety of its intention to terminate the Contract. Such notice shall contain the reasons for City’s intention to terminate the Contract, and unless such violations shall cease within five (5) calendar days after serving of such notice, the Contract shall cease and terminate upon the expiration of said five (5) calendar days. In the event of any such termination, City shall immediately serve written notice thereof upon the surety and Contractor, and the surety shall have the right to take over and perform the Contract; provided however, that, if the surety does not give City written notice of its intention to take over and perform the Contract or does not commence performance thereof within thirty (30) calendar days from the date of the service of such notice, City may take over the work and prosecute the same to completion by contract or any other method it may deem advisable, for the account and at the expense of Contractor, and Contractor and its surety shall be jointly liable to City for any excess cost occasioned City thereby, and in such event City may, without liability for so doing, take possession of and utilize in completing the work, such materials, appliances, and other property belonging to Contractor as may be on the Project site and necessary thereof.

7. Liability for Breach: Neither Party waives the right to recover direct damages against the other for breach of the Contract, including any amount necessary to compensate City for all detriment proximately caused by Contractor's failure to perform its obligations hereunder or which in the ordinary course of things would be likely to result therefrom. City reserves the right to offset such damages against any payments owed to Contractor. City and Contractor shall not, in any manner, be liable to the other for special or consequential damages, including but not limited to Contractor's actual or projected lost profits had Contractor completed the Services required by the Contract. In the event of termination by either Party, copies of all finished or unfinished Work Product, as defined in Section 19 of this Agreement, shall become the property of City. Notwithstanding the foregoing, in no event shall City or Contractor be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with the Contract or the Services performed in connection with the Contract.

8. Compensation: City shall make payments to Contractor in accordance with the provisions of Section 9 of the General Conditions in legally executed and regularly issued warrants of City, drawn on the appropriate fund or funds as required by law and order of the City Council thereof.

Contractor shall be administered a progress payment approximately every thirty (30) calendar days from the time work begins according to the payment schedule furnished by the City Engineer at the time work begins. Contractor shall provide access at all reasonable times to all reports, contract {CW097768.1} 8 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___
records, contract documents, contract files, and personnel necessary to audit and verify Contractor’s charges to City under this Contract.

Monthly progress payments in the amount of 95 percent (95%) of the value of the work will be made to Contractor based on the Contractor’s estimate and the schedule of prices contained in the accepted bid. The remaining 5 percent (5%) will be retained by City as partial security for the fulfillment of the Contract except that at any time after 50 percent (50%) of the work has been completed, if the City Engineer finds that satisfactory progress is being made and the Project’s critical path of work are on schedule, City may discontinue any further retention. Such discontinuance will only be made upon the written request of Contractor. City may, at any time the City Engineer finds that satisfactory progress is not being made, again institute retention of 5 percent (5%) as specified above. Payment will be made as soon as possible after the preparation of the Contractor’s estimate. City shall pay the remaining 5 percent (5%) of the value of the Services completed under this Contract, if unencumbered by retentions for claims, not sooner than the expiration of thirty-five (35) calendar days from the date of recordation of the Notice of Completion, pursuant to Section 2 of this agreement, and not later than sixty (60) days from the “completion” of the Services as said term is defined in Public Contract Code section 7107(c).

No estimate or payment shall be made if, in the judgment of the City Engineer, the work is not proceeding in accordance with the provisions of the Contract, or when, in his judgment, the total value of the work done since the last estimate amounts to less than $1,000. No progress payments will be made if the time allotted for the job is thirty (30) working days or less. Payment of any progress payment, or the acceptance thereof by Contractor, shall not constitute acceptance of the work performed under this Contract, or any portion thereof, and shall in no way reduce the liability of Contractor to replace unsatisfactory work or materials, though the unsatisfactory character of such work or materials may have been apparent or detected at the time such payment was made.

Additionally, as a precondition to City’s progress payments hereunder, Contractor shall provide to City, prior to payment, unconditional waivers and releases of stop notices pursuant to Civil Code section 8128 et seq. from each subcontractor and materials supplier for payments previously received by Contractor. The form of said waivers and releases shall be as set forth in Civil Code section 8134.

Pursuant to Public Contract Code section 22300 et seq., Contractor may request the right to substitute securities for any moneys withheld by City to ensure the performance required of Contractor under the Contract, or that City make payment of retentions earned directly into an escrow account established at the expense of Contractor.

9. Disputes Pertaining to Payment for Work: Should any dispute arise respecting the true value of any work performed, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of the Contract, such dispute shall be decided by the City Enginee. The Parties agree to comply with the claims resolution procedures set forth in Public Contract Code section 9204 when applicable. (a) Claims Processing. Any submission of a claim by Contractor must comply with the requirements of Public Contract Code section 9204. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed forty-five (45) days, shall provide Contractor a written statement identifying what portion of the claim is disputed {CW097768.1} 9 CITY CONTRACT NO. __-___
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and what portion is undisputed. Upon receipt of a claim, the Parties may, by mutual agreement, extend the time period provided in this subdivision. Contractor shall furnish reasonable documentation to support the claim. Any payment due on an undisputed portion of the claim shall be processed and made within sixty (60) days after City issues its written statement. If Contractor disputes City’s written response, or if City fails to respond to a claim issued pursuant to this section within the time prescribed, Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute.
(b) Meet-and-Confer Conference. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, City shall schedule a meet-and-confer conference within thirty (30) days for settlement of the dispute. Within ten (10) business days following the conclusion of the meet-and-confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within sixty (60) days after the City issues its written statement. (c) Nonbinding Mediation. Any disputed portion of the claim, as identified by Contractor in writing, shall be submitted to nonbinding mediation, with the Parties sharing the associated costs equally. The Parties shall mutually agree to a mediator within ten (10) business days after the disputed portion of the claim has been identified in writing. If the Parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject judicial review pursuant to Section 23 of this Agreement.

Notwithstanding any claim, dispute, or other disagreement between the Parties regarding performance under the Contract, the scope of work hereunder, or any other matter arising out of or related to, in any manner, the Contract, Contractor shall proceed diligently with performance of the Services in accordance with City's written direction, pending any final determination or decision regarding any such claim, dispute, or disagreement.

10. Permits and Care of Work: Contractor shall, at Contractor's expense, obtain all necessary permits and licenses for the construction of each improvement, give all necessary notices and pay all fees and taxes required by law, except those City fees set forth in Section 1 of the Special Provisions.

Contractor has examined the Project site and is familiar with its topography and condition, location of property lines, easements, building lines, and other physical factors and limitations affecting the performance of the Contract. Contractor, at Contractor's expense, shall obtain any permission necessary for any operations conducted off the property owned or controlled by City. Contractor shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance.

11. Public Works and Payment of Prevailing Wage:
(a) Monitoring and Enforcement. In accordance with the provisions of Sections 1725.5, 1771.1, 1771.3, and 1771.4 of the Labor Code, all work performed under the Contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations (“DIR”). All work {CW097768.1} 10 CITY CONTRACT NO. __-___
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performed by Contractor or its subcontractors under the Contract is subject to the requirements of Labor Code section 1720 et seq. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 of the Labor Code at the time the contract is awarded. Contractor and its subcontractors shall furnish the records specified in Section 1776 of the Labor Code directly to the Labor Commissioner, at least monthly, in the format prescribed by the Labor Commissioner.

In accordance with the provisions of Section 1773.3 of the Labor Code, City shall provide notice to DIR of the award of this Contract within thirty (30) working days of the award. The notice shall be transmitted electronically in a format specified by DIR and shall include the name of Contractor, any subcontractor listed on the successful bid, the bid and contract award dates, the contract amount, the estimated start and completion dates, Project location, and any additional information DIR specifies that aids in the administration and enforcement of Section 1720 et seq. of the Labor Code. (b) Wages & Hours of Employment: In the performance of the Services under the Contract, eight (8) hours shall be the maximum hours of labor on any calendar day, and the minimum wages of compensation of persons performing labor in the execution of this agreement shall be the current prevailing scale of wages determined by DIR for the community. Contractor shall forfeit as penalty Twenty-five and no/100ths Dollars ($25.00) to be paid to City for each workman employed in the execution of the Contract by Contractor or its subcontractor(s), for each calendar day during which any workman is required or permitted to labor more than eight (8) hours, in violation of provisions of Labor Code section 1810 et seq. Contractor shall post prevailing wage rates at the Project no later than the first day Contractor commences performance of the Services under the Contract.

12. Superintendence by Contractor: Contractor shall give personal superintendence to the work on the Project or have a competent foreman or superintendent satisfactory to the City Engineer on the Project at all times during construction and performance of work under the Contract, with authority to act for Contractor.

13. Inspection and Testing by City: Contractor shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work performed on the Project and to the shops wherein the work is in preparation. Contractor shall notify City with sufficient time in advance of the manufacture of production materials to be supplied by Contractor under the Contract in order for City to arrange for mill or factory inspection and testing of same. Any materials shipped by Contractor from factory prior to having satisfactorily passed such testing and inspection by City's representative or prior to the receipt of notice from such representative that such testing and inspection will not be required shall not be incorporated on the Project. Contractor shall also furnish to City, in triplicate, certified copies of all factory and mill test reports upon request.

14. Conformity with Law and Safety: Contractor shall observe and comply with all applicable laws, ordinances, codes, and regulations of governmental agencies, including federal, state, municipal, and local governing bodies having jurisdiction over any or all of the scope of Services, including all provisions of the Occupational Safety and Health Act of 1979 as amended, all California Occupational Safety and Health Regulations, the California Building Code, the American with Disabilities Act, any copyright, patent, or trademark law, and all other applicable federal, state, {CW097768.1} 11 CITY CONTRACT NO. __-___
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municipal, and local safety regulations, appropriate trade association safety standards, and appropriate equipment manufacturer instructions. All Services performed by Contractor or its subcontractors must be in accordance with these laws, ordinances, codes, and regulations.

Contractor’s failure to comply with any laws, ordinances, codes, or regulations applicable to the performance of the Services hereunder shall constitute a breach of contract. In cases where standards conflict, the standard providing the highest degree of protection shall prevail.

If a death, serious personal injury or substantial property damage occurs in connection with the performance of the Contract, Contractor shall immediately notify City's risk manager by telephone.

If any accident involving death, serious personal injury or substantial property damage occurs in connection with the Contract, Contractor shall also promptly submit a written report to City, in such form as City may require. This report shall include the following information: (a) name and address of the injured or deceased person(s); (b) name and address of Contractor’s subcontractor, if any; (c) name and address of Contractor’s liability insurance carrier; and (d) a detailed description of the accident, including whether any of City's equipment, tools, or materials were involved.

If a release of a hazardous material, substance, or waste occurs in connection with the performance of the Contract, Contractor shall immediately notify City. Contractor shall not store hazardous materials or hazardous waste within City limits without a proper permit from City.

15. Other Contracts: City may award other contracts for additional work on the Project, and Contractor shall fully cooperate with such other contractors and carefully fit Contractor's own work to that provided under other contracts as may be directed by the City Engineer. Contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor.

16. Bonds: Concurrently with the execution hereof, Contractor shall furnish, on the forms provided herein as Exhibits D and E, respectively, corporate surety bonds to the benefit of City, issued by a surety company acceptable to City and authorized and admitted to do business in the state of California, as follows:
(a) Faithful Performance Bond. In an amount equal to at least one hundred percent (100%) of the Contract Price as security for the faithful performance of the Contract. The bond shall contain a provision that the surety thereon waives the provisions of Sections 2819 and 2845 of the Civil Code.
(b) Payment Bond. In an amount equal to at least one hundred percent (100%) of the Contract Price as security for the payment of all persons performing labor and furnishing materials in connection with the Contract. The bond shall be in accordance with the provisions of Sections 3225, 3226, and 3247 through 3252, inclusive, of the Civil Code and Section 13020 of the Unemployment Insurance Code of California. Said bond shall also contain a provision that the surety thereon waives the provisions of Sections 2819 and 2845 of the Civil Code.

The surety companies shall familiarize themselves with all provisions and conditions of the Contract.

It is understood and agreed that the surety or sureties waive the right of special notification of any modification or alterations, omissions or reductions, extra or additional work, extensions of time, or any other act or acts by City or its authorized agents under the terms of this Contract and failure to so {CW097768.1} 12 CITY CONTRACT NO. __-___
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notify the surety or sureties of such changes shall in no way relieve the surety or sureties of their obligations under the Contract.

17. Indemnification:
(a) Indemnity for Professional Liability. When the law establishes a professional standard of care for Contractor’s Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend, and hold harmless City and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers (“City’s Agents”) from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent Contractor or its subcontractors are responsible for such damages, liabilities and costs on a comparative basis of fault between Contractor or its subcontractors and City in the performance of professional services under the Contract. Contractor shall not be obligated to defend or indemnify City for City’s own negligence or for the negligence of others. (b) Indemnity for other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, defend, and hold harmless City and any and City’s Agents from and against any liability, including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of the Contract by Contractor or by any individual or agency for which Contractor is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of Contractor.

18. Contractor's Insurance: Concurrently with the execution hereof, Contractor shall furnish City with satisfactory proof of carriage of the insurance required under this section, and that Contractor shall give City at least sixty (60) days prior notice of the cancellation of any policy during the Term of this contract. Contractor shall not commence work under this Agreement until Contractor has obtained City’s approval regarding all insurance requirements, forms, endorsements, amounts, and carrier ratings, nor shall Contractor allow any subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved.

Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. Failure to maintain or renew coverage or to provide evidence of renewal may constitute a material breach of the Contract. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to City. (a) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than Two Million Dollars ($2,000,000) per occurrence, Four Million Dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including, without limitation, blanket contractual liability and coverage for explosion, collapse, and underground property damage hazards. Contractor’s general liability policies shall be primary and not seek contribution from City’s coverages and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under {CW097768.1} 13 CITY CONTRACT NO. __-___
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such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. The policy shall contain, or be endorsed to contain, the following provisions:
(1) City, its elective and appointive boards, officers, agents, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work or operations, which coverage shall be maintained in effect for at least three (3) years following the completion of the work specified in the Contract. General liability coverage can be provided in the form of an endorsement to Contractor’s insurance (at least as broad as CG 20 10 for ongoing operations and CG 20 37 for products/completed operations), or as a separate Owners and Contractors Protective Liability policy providing both ongoing operations and completed operations coverage.
(2) For any claims related to the Project, Contractor’s insurance coverage shall be primary insurance as respects City and any insurance or self-insurance maintained by City shall be excess of Contractor’s insurance and shall not contribute with it.
(3) In the event of cancellation, non-renewal, or material change that reduces or restricts the insurance coverage afforded to City under the Contract, the insurer, broker/producer, or Contractor shall provide City with thirty (30) days’ prior written notice of such cancellation, non-renewal, or material change. (4) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
(b) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least One Million Dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
(c) Auto Insurance. Contractor shall provide auto liability coverage for owned, nonowned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than Two Million Dollars ($2,000,000) per accident. If Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy. (d) Builder’s Risk Insurance. Upon commencement of construction and with approval of City, Contractor shall obtain and maintain Builder’s Risk/Course of Construction insurance. The policy shall be provided for replacement value on an "all-risk" basis. City shall be named as Loss Payee on the policy and there shall be no coinsurance penalty provision in any such policy. The policy must include: (1) coverage for removal of debris and insuring the buildings, structures, machinery, {CW097768.1} 14 CITY CONTRACT NO. __-___
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equipment, materials, facilities, fixtures, and all other properties constituting a part of the project; (2) coverage with limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site, whether provided from within a Builder’s Risk policy or through the addition of an Installation Floater. Such insurance shall be on a form acceptable to City to ensure adequacy of terms and limits. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to City. (e) Contractors Pollution Insurance. Pollution Coverage shall be provided on a Contractors Pollution Liability form, or other form acceptable to City, providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than One Million Dollars ($1,000,000) per claim. All activities contemplated in the Contract shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites.
(f) Professional Liability Insurance. When applicable, Contractor shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with the Contract, in the minimum amount of One Million Dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement, and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by the Contract.
(g) Deductibles and Self-Insured Retentions. Upon request of City, any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City and City’s Agents; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. (h) Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.

Best’s rating of no less than A-:VII or with an insurer to which City has provided prior approval. (i) Verification of Coverage. Contractor shall furnish City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this Section 18. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City reserves the right, at any time, to require complete, certified copies of all required insurance policies and endorsements. (j) Waiver of Subrogation. With the exception of professional liability, Contractor hereby agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. The commercial general liability policy and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of City for all work performed by Contractor, its agents, employees, independent contractors and subcontractors. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. {CW097768.1} 15 CITY CONTRACT NO. __-___
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(k) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

19. Ownership of Work Product: Any and all work, artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, designs, specifications, drawings, diagrams, surveys, source codes, professional or technical information or data, photographs, notes, letters, emails, or any original works of authorship created by contractor or its subcontractors or subcontractors in connection with Services performed under the Contract (“Work Product”) shall be works for hire as defined under Title 17 of the United States Code, and all copyrights in such works are the property of City. In the event that it is ever determined that any Work Product created by Contractor or its subcontractors or subcontractors under the Contract are not works for hire under U.S. law, Contractor hereby assigns all copyrights to such Work Product to City. With the prior written approval of the City Engineer, Contractor may retain and use copies of such Work Product for reference and as documentation of its experience and capabilities.

All Work Product shall become the property of City irrespective of where located or stored and Contractor agrees to deliver all such documents and information to City, without charge and in whatever form it exists, upon the Completion Date, as may be extended. Contractor shall have no ownership interest in such Work Product.

All Work Product of Contractor under the Contract, including written information which City will cause to be distributed for either internal or public circulation, including both preliminary and final drafts, shall be delivered to City in both printed and electronic form, or as may be specific in Exhibit A.

When the Contract is terminated, Contractor agrees to return to City all documents, drawings, photographs, and other written or graphic material, however produced, that it received from City or City’s Agents, in connection with the performance of its Services under the Contract. All materials shall be returned in the same condition as received.

20. Taxes: Payment of any taxes, including California sales and use taxes, levied upon the Contract, the transaction, or the Services or goods delivered pursuant hereto, shall be the obligation of Contractor. Contractor shall cooperate with City to the full extent possible to maximize the local allocation of California sales and use tax to City. Such cooperation shall include, but not be limited to:
(a) Use Tax Direct Payment Permits. Contractor shall apply for, obtain, and utilize, to the maximum extent reasonable, a California Use Tax Direct Payment Permit. (b) Purchases of $500,000 or More. Contractor shall require vendors and suppliers located outside California from whom Contractor makes purchases of $500,000 or more to allocate the use tax to City.

21. Independent Contractor: At all times during the Term of the Contract, Contractor shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which Contractor performs the Services required under the Contract. Contractor shall be liable for its acts and omissions, and those of its employees, contractors, subcontractors, representatives, volunteers, {CW097768.1} 16 CITY CONTRACT NO. __-___
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and its agents. Nothing contained herein shall be construed as creating an employment, agency, or partnership relationship between City and Contractor. City shall have the right to control Contractor only insofar as the result of Contractor’s Services rendered pursuant to the Contract; however, City shall not have the right to control the means by which Contractor accomplishes Services rendered pursuant to the Contract.

22. Interest of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)

23. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise.

24. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.

25. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession.

26. Contractor Not Agent: Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

Contractor shall have no authority, express or implied, pursuant to the Contract to bind City to any obligation whatsoever.
{CW097768.1} 17 CITY CONTRACT NO. __-___
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27. Arbitration of Disputes: All claims, disputes, and other matters in question between City and Contractor arising out of, or relating to, this Contract or the breach thereof, including claims of Contractor for extra compensation of Services related to the project, shall be decided by arbitration before a single arbitrator in accordance with the provisions of Sections 1281 through 1284.2 of the Code of Civil Procedure (the “Arbitration Laws”) unless the Parties mutually agree otherwise. The provisions of Section 1283.05 of the Arbitration Laws apply to any arbitration proceeding except as otherwise provided in the Contract. The arbitrator shall have authority to decide all issues between the Parties including, but not limited to, claims for extras, delay, and liquidated damages, if any, provided for the Contract, matters involving defects in the Services performed by Contractor or its subcontractors, rights to payment, and whether the necessary procedures for arbitration have been followed. The award rendered by the arbitrator shall be final and judgment may be entered upon it in accordance with applicable law in any court having competent jurisdiction thereof.

Notice of the demand for arbitration shall be filed in writing with the other Party. The demand for arbitration shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by the applicable statute of limitations.

The parties shall jointly appoint an arbitrator within fifteen (15) calendar days of the date of giving the notice of the demand for arbitration. If the Parties are unable to jointly agree upon the appointment of an arbitrator within said fifteen (15) calendar day period, and do not agree in writing to extend said period for a fixed period, then either Party may seek to have the arbitrator appointed by the Superior Court of Calaveras County in accordance with the Arbitration Laws.

If any proceeding is brought to contest the right to arbitrate and it is determined that such right exists, the losing Party shall pay all costs and attorney’s fees incurred by the prevailing Party.

In addition to the other rules of law which may be applicable to any arbitration hereunder, the following shall apply:
(a) Promptly upon the filing of the arbitration, each Party shall be required to set forth in writing and to serve upon each other Party a detailed statement of its contentions of fact and law. (b) All Parties to the arbitration shall be entitled to the discovery procedures provided under Section 1283.05 of the California Code of Civil Procedure. (c) The arbitration shall be commenced and conducted as expeditiously as possible consistent with affording reasonable discovery as provided herein. (d) These additional rules shall be implemented and applied by the arbitrator.

The costs of arbitration shall be borne by the Parties as determined by the arbitrator, but each Party shall bear its own attorney’s fees associated with the dispute with the other Party and to the arbitration. {CW097768.1} 18 CITY CONTRACT NO. __-___
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All administrative remedies required under Section 9 of this Agreement or pursuant to Public Contract Code section 9204, or required by any other law, shall be exhausted prior to commencement of any arbitration under this Section 23.

28. Provisions Cumulative: The provisions of the Contract are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City.

29. Notices: All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. 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 Administrator
200 Monte Verde Street, Suite B
Angels Camp, CA 95222
With courtesy copies to: Churchwell White LLP
Attn: Douglas L. White, City Attorney
1414 K Street, 3rd Floor
Sacramento, CA 95814
If to Contractor: Robert E. Boyer Construction, Inc.
19608 E. Mono Way
Sonora, CA 95370
If to Contractor’s Sureties: _____________________
_____________________
_____________________
_____________________

30. Interpretation: As used herein, any gender includes each other gender, the singular includes the plural and vice versa.

31. Antitrust Claims: Contractor or its subcontractors offer and agree to assign to City all rights, title, and interest to any causes of action under Section Four of the Clayton Act and the Cartwright Act concerning antitrust claims.

32. Use of City Project Number: Contractor or its subcontractors agree to use the aforementioned City project number on all maps, drawings, submittals, billing, and written correspondence that involve City staff or contracted consultants. Nothing in this section shall preclude Contractor or its subcontractors from using their own project numbers for their own internal use. {CW097768.1} 19 CITY CONTRACT NO. __-___
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33. No Conflict of Interest: Contractor represents that no conflict of interest will be created under state or federal law by entering into or in carrying out the Contract.

34. Confidentiality: Contractor understands and agrees that, in the performance of Services under the Contract, or in the contemplation thereof, Contractor may have access to private or confidential information that may be owned or controlled by City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City (“Confidential Information”). Contractor shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Contractor written authorization to make any such disclosure, Contractor shall do so only within the limits and to the extent of that authorization. Contractor may be directed or advised by the City Attorney on various matters relating to the performance of Services on the Project or on other matters pertaining to the Project, and in such event, Contractor agrees that it will treat all communications between itself, its employees, and its subcontracts as being communications which are within the attorney-client privilege.

35. Modification. No alteration, amendment, modification, or termination of the Contract shall be valid unless made in writing and executed by all Parties to the Contract.

36. 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.

37. Assignment: No Party to the Contract shall assign, transfer, or otherwise dispose of this Agreement in whole or in party to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the foregoing provisions, the Contract shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties hereto.

38. 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 on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, person, states, or firms and that all former requirements necessary or required by state or federal law in order to enter into the Contract 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.

39. Governing Law: The Contract shall be governed and construed in accordance with the laws of the state of California.

40. Venue: Venue for all legal proceedings shall be in the Superior Court of California, in and for the County of Calaveras.

41. Severability: If the Contract in its entirety is determined by an arbitrator or a court of competent jurisdiction to be invalid or unenforceable, the Contract shall automatically terminate as of the date of final entry of judgment. If any provision of the Contract shall be determined to be invalid and unenforceable, or if any provision of the Contract is rendered invalid or unenforceable {CW097768.1} 20 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___
according the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.

42. Counterparts: This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original but together shall constitute one and the same instrument.

43. Mandatory and Permissive: “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.

44. Headings: Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

45. Attorney’s Fees and Costs: Except as expressly provided for in Sections 9 and 23 of this Agreement, if any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret the provisions of the Contract, 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.

46. 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 the Contract. [Signatures on Following Page]
{CW097768.1} 21 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___
IN WITNESS WHEREOF, three identical counterparts of this agreement, consisting of a total of 31 pages, each of which counterparts shall for all purposes be deemed an original of said agreement, have been duly executed by the parties hereinabove named, on the day and year first herein above written.

CONTRACTOR CITY OF ANGELS, a municipal corporation
By: ____________________________ By: _____________________________ Rebecca Callen, City Administrator
_______________________________
Robert E. Boyer, Owner Date: ____________________________ Federal Tax ID or Social Security No:

APPROVED AS TO FORM:
_______________________________
By: _____________________________
Douglas L. White, City Attorney
DIR Registration Number:
_______________________________
Attach Contractor’s Seal Here
Page | 0

UTICA PARK/LIGHTNER MINE EXPANSION

AND RENOVATION RFP RESPONSE

SUBMITTED BY BOYER CONSTRUCTION
RFP DUE DATE: FEBRUARY 17, 2023

CITY OF ANGELS CAMP
Respondent Information:

Amy Augustine
City Planner, City of Angels Camp
(209) 743-2323
[email protected]
200 Monte Verda St., Suite B
Angels Camp, CA 95222
Attention:

Robert E. Boyer Construction, Inc.
19608 E. Mono Way
Sonora, CA 95370
P. (209) 586-5010
F. (209) 586-5099

ATTACHMENT C AND EXHIBIT A
CONTRACTOR’S PROPOSAL FOR SERVICES
Page | 1
Table of Contents
TABLE OF CONTENTS.......................................................................................................................................1 COVER PAGE SECTION 1 .............................................................................................................................2 PROJECT UNDERSTANDING SECTION 2.A.....................................................................................................3 PROJECT APPROACH SECTION 2.B................................................................................................................5 TECHNICAL AND MANAGERIAL APPROACH SECTION 2.C.............................................................................9 BOYER CONSTRUCTION BUSINESS PROFILE SECTION 2.D...........................................................................11 PAST PERFORMANCE RECORD SECTION 2.E...............................................................................................12 ORGANIZATIONAL CHART & TEAM QUALIFICATIONS SECTION 2.F ............................................................13 EXPERIENCE PERFORMING SIMILAR WORK SECTION 3 ..............................................................................17 PAST PERFORMANCE COMPATIBLE WITH COMMUNITY CONTEXT SECTION 4 ..........................................22 COST SECTION 5 ........................................................................................................................................25 TIMELINE SECTION 6..................................................................................................................................27 Page | 2
Cover Page Section 1
February 17, 2023
Attention: Amy Augustine
City Planner
(209) 743-2323
[email protected]
Subject: Proposal for Utica Park/Lightner Mind Expansion and Renovation Boyer Construction is both eligible and grateful for the opportunity to submit our RFP for the City of Angels Camp RFP for the Utica Park/Lightner Mine Expansion project.

We pride ourselves on our commitment to quality and our agile approach to solving problems. We are a family-owned general contracting company and for over 35 years we have been dedicated to improving our local communities, collaborating with owner/designers, and successfully and safely delivering projects on time and within budget. A project is only as successful as the people who make it a reality, and for that reason we look forward to sharing this proposal with you and walking you through our vision of how we intend to collaborate with your team to make this project a success for everyone involved.

Our team looks forward to sharing this proposal with you and walking you through our vision of how we intend to make this project a success.

Respectfully,
Robert E. Boyer
Robert E. Boyer
President / Owner
Page | 3
Project Understanding Section 2.A
Boyer Construction has thoroughly
reviewed the scope in the City of
Angels Camp’s Utica Park/Lightner
Mine Expansion project RFP. We have
made multiple site visits to examine
existing conditions, attended the job
walk, met with the City Planner, and
began preliminary planning for the
project’s feasibility. More important
than all of this, we understand the
intent of the project. Whether it is a
Friday night farmers market, a
Saturday birthday party or just hanging
out after school, we recognize Utica
Park is a hub to bring the community
together.

Having just completed two community
directed projects in Tuolumne County
(Tuolumne and Groveland Resilience
Centers), Boyer Construction is
intimately aware the impact these
projects make on our communities.

Like Utica Park, the Tuolumne County
Resilience Centers were designed
based off the needs, as well as the
feedback from the community. Boyer
Construction worked with the design
team to bring the community’s plan to
fruition. Along the way we partnered
with the design team and owner to
adjust scope to deliver more value to
the project.

Shown above is the final stage of construction on the Tuolumne County Resilience Center at Groveland. The 5.5-acre site includes a community event center, ample parking, an outdoor grass amphitheater, a standalone exterior restroom, and an ADA compliant nature trail equipped with picnic tables, benches, a bridge, and watering stations.

New sod and outdoor lighting are completed at the
grass amphitheater for the Groveland Resilience Center
Page | 4
In addition to the community’s intent, we also understand and acknowledge the requirements as outlined in the RFP and the grant agreement which will be funding this project (‘Rural Recreation and Tourism Program – Prop. 68 project selection criteria requirements’).

Below is our acknowledgement for the scope of the project. We have worked on many grant funded projects, so we know firsthand the work does not end at the job site. We understand the strict guidelines which must be followed in order to adhere to the grant requirements. We have an experienced back office that is first class in payroll compliance and adhering to all the other rigid reporting requirements associated with public funded projects.

Scope Acknowledgement: Robert E. Boyer Construction, Inc. has reviewed and acknowledges each of the following items as requirements of the grant agreement for the project.

Boyer Construction
understands & can
& is willing to
perform this task
Scope Acknowledgement: Yes No
A. Construct one new amphitheater
B. Construct one new Lightner Mine Interpretive Hiking Trail with parcourse and gathering areas
C. Renovate one Mark Twain Statue
D. Construct one new Mark Twain Statue
E. Construct one new Angels Creek trailhead kiosk
F. Renovate one large Pavilion with kitchen
G. Construct two new bocce courts
H. Construct one new Outdoor gym/exercise area
I. Construct one new full-size sports hardcourt (lined for basketball and pickleball) J. Construct one new bathroom building
K. Construct new lighting
L. Construct new landscaping
Page | 5
Project Approach Section 2.B
Boyer Construction is well versed in the design/build process and aware of how onboarding the construction team early in the process can save money and reduce time. Outlined in this section is how we will implement this approach for the City of Angels Camp. In addition to our specific plan for the Utica Park project, we also include in this section some specifics about the Boyer Construction team and how we operate. A project is only as successful as the people delivering it, and we hope to share with you how we will make this project a success.

Page | 6
Design Phase - Our approach, if selected, will begin with a deeper analysis of the site geology and existing conditions to understand the technical details that will impact the design details for the project. This discovery will help us to determine the complexities associated with executing the project, such as the best routing of ADA paths, the depths and types of base required for trails, will over-excavation be required to achieve suitable compaction, where will grab rails be required, will we need retaining walls, if so what type, what drainage should be considered etc. We will also need to ensure all proper site evaluations have been completed to ensure we will not be limited by any restrictions such as protected species native to the site. All this information will be necessary in order to make informed, as well as budget conscious, design decisions.

While site discovery is underway, we will concurrently work with the City representatives to refine the details of the project. This will be an iterative process that will evolve as we coordinate with subcontractors, engineers, and the design team representatives. We will evaluate the final design for constructability and advise the city on value engineering opportunities to save money. The final output of this cooperative design process will be a finalized plan that fits within the City’s budget.

Design Phase
• Site Discovery
• Prioritize Requirements
• Value Engineering
• Finalize Design
• Constructability Review
Planning Phase
• CPM Schedule
• Construction Plan
• Contract with Subs
• Project Setup
Construction Phase
• Mobilize
• Execute Construction Plan
• Quality Control
• Communicate, Communicate,
Communicate
Page | 7
Planning Phase - While the final plans are being engineered and stamped for approval, the project team will begin assembling the construction plan. This plan will identify risks and mitigation strategies, provide recommendations, and help determine the best approaches to be used during the construction phase of the project. We will identify staging areas, paths of travel for construction traffic, working hour restrictions, project phasing and we will put together a final CPM construction schedule. During this planning stage we will also onboard City stakeholders and decision makers to Procore, our construction management software, so we can streamline communication and ensure all decisions are properly documented.

After that our goal is to assemble the proper team and setup the systems that will help our teams to collaborate best. Collectively we work together to clarify points of confusion, mitigate potential risks, and identify areas to save money. From a technical perspective, it is critical that we have the proper systems in place to capture all these decisions. The result of a successful construction plan reduces risks, lowers operational costs, and results in a project team that is aligned on time, budget, approach. It is important to set clear objectives early in process. Determining the City’s priorities and concerns will help to steer how Boyer Construction can best help. Boyer Construction will recommend starting with a preliminary meeting to go over these important decisions prior to getting started.

Once plans are approved, we can move into the construction phase of the project. “Plan for the future, because that is where you are
going to spend the rest of your life.” - Mark Twain
Page | 8
Construction Phase – The construction phase is all about executing the strategy we put together during the planning stage. From this point forward will ensure the project is fully staffed, the site is safe and secure, and construction work occurs in a timely fashion while meeting our high standards for quality. We will keep progress updates, timely communications, and full transparency.

During the construction phase of the project, you can expect the following from Boyer Construction:
• Throughout the life of the project, Boyer Construction will maintain an experienced team on-site during all stages of the project.
• We will only have employees working on site that meet our standards for experience and quality. • Provide 4 week look ahead for City coordination and contractor scheduling. • Provide weekly progress reports that show the current and projected status of all major facets of the project including financials, design developments, construction progress, safety, etc. • Weekly foreman coordination sessions
• Daily staff coordination meetings for our internal team to prioritize work and address issues. • If needed we will have a weekly ‘hotlist’ to fast track all long lead and urgent submittal requests • We will be granting real-time financial reporting access to all relevant parties to the project to create a system of transparency and trust.
• Preconstruction meetings will be required for all critical phases of the project in order to coordinate order of operations with impacted contractors, and inspectors. • All project documents will be in a centralized location with version control to ensure everyone is working from the latest plan-sets with updated RFI responses.

Work under way at the Tuolumne Berkeley Camp Amphitheater Page | 9
Technical and Managerial Approach Section 2.C
Construction Means and Methods: The best construction means, methods, techniques, sequences, and procedures to be used for the project will be determined during the planning phase of the project. Our management team will determine the sequence of events that determines the safest and most effective means for completing the project.

We will evaluate the physical conditions of the site and based on the timing and safety requirements we will split the project into work zones. For each zone we will determine the optimal number of trades that can work in the area safely. We sequence activities to prevent re-work and potential damage. Whether it is running over a survey stake, or having to move a newly planted tree rework is the most expensive work that occurs on a jobsite, so doing things right the first time is critical to a project’s success.

To help maximize our success our team makes communication a top priority. We hold several meetings a week with everyone from subcontractors to field staff so we can collaborate and ensure everyone is on the same page. For activities that have dependencies across trades we mandate pre-installation meetings to ensure we understand the downstream impacts of actions. Every project is different and based on the needs of the project we will adjust our approach as needed.

Local Subcontracting Teams: Boyer Construction has established a large network of reliable subcontractors in the area that we have strong working relationships with. This pool of subcontractors helps to benefit the project as we are able to reach out to these subcontractors during the preconstruction phase of the project to help review plans and documents. This allows experts in their field to review plans and provide feedback. In addition to our already established network of subs, we are always looking for future contractors to partner with. We advertise in several publications and online forums to solicit
bids from subcontractors.

Technical Competence: Every project is different
and requires different levels of involvement. Every
project we setup workflows and communications
based on what is needed and desired by our
clients. One project a client may just want weekly
updates and next project they might want daily
progress updates. Our approach to utilizing
technology to run our projects makes it possible for us to have this flexibility.

Page | 10
Technology plays a critical role at any jobsite, but Boyer Construction we have positioned ourselves to maximize the benefits of technology with our fully integrated construction management platform. Our field employees, front office and management all are trained and equipped with tools to leverage technology to communicate, document job progress, and handle the complex issues that arise on a jobsite. Through the covid crisis we utilized technology to coordinate remote meetings, virtual inspections, and the implementation of safety protocols. At Boyer Construction we have adopted the use of Procore, an industry leading construction management software platform, to manage all construction documentation. Our field employees are equipped with technology that allows them to submit RFI’s, review plans, check specs all from the use of their phone or tablet. This software allows us to give multiple users including City representatives, architects, inspectors, etc. viewing privileges to ALL construction documents, RFI’s, submittals, photos, plans, specs, any and all changes to plans and specs, schedules, etc. This open book approach is especially important in a Design/Build delivery method.

Page | 11
Boyer Construction Business Profile Section 2.D
Office Location: 19608 E. Mono Way, Sonora, CA 95370
Telephone: (209) 586-5010
Fax: (209) 586-5099
Email: [email protected]
Website: www.BoyerBuild.com
DIR Registration #: 1000000712
Small Business ID: 46417 (Expires 10/31/2023)
Years in Business: 36 Years
# of Employees: 22 Employees
Exact Name of License Holder on file: Robert E. Boyer Construction, Inc.

License Classification: A & B - General Building and Engineering Contractor CSLB License:
509381
Date Issued:
4/21/1987
Date Expires:
5/30/2023
License Suspended or Revoked:

Never -
Boyer Construction main office is located
at 19608 E. Mono Way, Sonora, CA
95370, which is 30 minutes from the
Utica Park project. We employ 3 project
managers, 3 superintendents and 3
Resident engineers located within 45
minutes or less from the project site.

We have an excellent working
relationship with local subcontractors,
material suppliers, building departments,
utility providers, as well as inspectors.

These relationships combined with our
knowledge and understanding of the
local environment play a critical role in
our ability to be flexible and provide
exceptional service.

Page | 12
Past Performance Record Section 2.E
Projects are complex and issues do arise, however, no problem is so large that teamwork and good communication cannot resolve it. Mistakes can happen, but how those issues are resolved is what makes the difference between failure and success. Responsibility, quality, honesty, and integrity are foundational to the culture of our business and these values are a reflection of our successes and history of disputes. Below is a summary of Boyer’s history of occurrences of the following responsibility related items:

A. Failure to enter into a contract or professional services agreement once selected: Never -- B. Withdrawal of a proposal or bid as a result of an error: Never -- C. Termination or failure to complete a contract: Never -- D. Debarment by any municipal, county, state, federal, or local agency: Never -- E. Involvement in litigation, arbitration, or mediation: Never -- F. Conviction of the Respondent or its principals for violating any state or federal antitrust laws by bid or proposal rigging, collusion, or restrictive competition between bidders or proposers, or conviction of any other federal or state law related to bidding or performance of services:

Never --
G. Knowing concealment of any deficiency in the performance of a prior contract: Never -- H. Falsification of information or submission of deceptive or fraudulent statement in connection with a contract: Never --
I. Willful disregard for applicable rules, laws, or regulations: Never -- J.

Boyer Construction acknowledges failure to disclose information regarding any of the above may be deemed to indicate an unsatisfactory record of performance and we certify the accuracy of the statements above.

Page | 13
Organizational Chart & Team Qualifications Section 2.F
Organization Chart: Robert E. Boyer Construction, Inc. has been in continuous business for 36 years as a general engineering and building contractor safely and successfully delivering hundreds of public, private, industrial and commercial jobs in the Northern California area. In addition to our field personnel, our team consists of 3 project managers, 6 superintendents and engineers, 2 office personnel, a scheduler/IT lead.

Robert Boyer - President, Principal ownerPreconstruction services, estimating and quality control Michael Oliva - Vice-President, Senior Project ManagerPreconstruction services, Financial and resource management, contract negotiations
Jesse Oliva - Vice-President, Senior Project ManagerPreconstruction services, Contractual responsibilities, Project supervision and issue resolution, jobsite schedule Russell Crooker – Superintendent – Site supervision, safety, Jobsite logistics, quality control, Project documentation, Subcontractor coordination
Lisa Chamberlain – Project Engineer, Office Manager -
Submittal Management, contracts administration, accounting management, Assists with daily operations
Kaitlynn Johansen – Office Engineer- Payroll compliance, contracts administration
Zach Lemas – Foreman – Site quality control, Jobsite Safety, Sub-Contractor coordination, Safety and Site Discipline Jeffery Silva – Scheduling, Estimating, IT – Master Schedule, Progress Updates, Project Setup, Reporting, Workflows
Page | 14
Team Qualifications: As a family-owned business, our reputation is defined by the level of service we provide to our clientele. Boyer ownership is on the job site every day and in direct communication with clients overlooking every detail to ensure the quality and commitment to excellence that has made this company successful continues as our strength moving forward. We have put together a team that is both dedicated to continually improving as well as staying true to our core values. Foundational to the success of our organization structure is that every member be capable of being flexible and adjusting the needs of the business and project. Each member has a core role, but they are also capable of covering each other when needed. This approach allows for our team to absorb spikes in demand and pivot quickly in the face of change. Below are the qualifications of the key personnel that will play a role in this project. Upon request we can provide additional details including full resumes.

Name: Robert Boyer Years with Boyer: 36 Years Applicable Experience: 41 Role for Project: Preconstruction services, estimating and quality control Public Works
Experience:
40+
Robert has nearly 40 years of construction experience and as the Principal owner of Boyer Construction, has been focused primarily on Public works jobs since 2000. He has extensive experience in all delivery methods of construction including Design/Builds. He has overseen numerous publicly funded projects and holds everyone accountable for delivering a high-quality project. During Summerville Union High School’s Modernization project LLB, Robert helped the district save approximately $500k with his preconstruction services. His realistic approach coupled with his extensive experience makes his leadership an invaluable asset to any project.

Name: Michael Oliva Years with Boyer: 13 Years Applicable Experience: 21 Role for Project: Senior Project Manager- Preconstruction services, Financial and resource management, contract negotiations
Public Works
Experience:

Michael has worked on 30+ public works projects over the past 13 years. 15 of those were as a pm, 10 as a super and 4 as a carpenter.

Michael holds a bachelor’s degree from UC Davis and has been a key member of Boyer Construction management/ownership team overseeing a wide array of construction projects since 2008. Having a Project manager that is part of the ownership group has proven extremely effective when streamlining decision making. Michael was the Project manager/Superintendent for the LLB’s at Summerville Union High School, Ustach Middle School, Sonora Elementary involved in every aspect of the process from RFQ and Preconstruction services through GMP development and Construction. His role for the Utica Park Project will be a Senior Project Manager coordinating resources and project quality.

Page | 15
Name: Lisa Chamberlain Years with Boyer: 8 Years Applicable Experience: 11 Role for Project: Operations Manager / Assistant PM - Submittal Management, contracts administration, accounting management, Assists with daily operations
Public Works
Experience:

Lisa has worked on a total of 20 separate public works projects over 7 years as a contract & billing administrator, and payroll administrator supervisor.

Lisa has worked in the construction administration field for 11 years and has gained extensive knowledge in all facets of this position through self-education and hands-on experience. Lisa’s thorough attention to detail and strong emphasis on quality make her an indispensable resource for ensuring all complex contracts and specification requirements are satisfied. She overlooks all payroll compliance, generates and processes subcontracts, assists in keeping our accounting system updated and accurate. Her management of the day-to-day operations in the office is second to none. Having Lisa as a key member of this project is truly an invaluable benefit for all involved.

Name: Russell Crooker Years with Boyer: 1 Years Applicable Experience: 15 Role for Project: Superintendent – Site supervision, safety, Jobsite logistics, quality control, Project documentation, Subcontractor coordination
Public Works
Experience:

Russell has worked on a total of six public works projects over his 15-year construction career.

The projects have ranged from school renovations to multi site renovations with new construction. He was a job foreman on all these projects and acted as his companies’ main point of contact.

Russell has a degree from Modesto Junior college and went through a four-year apprenticeship with the Local 104 Sheet metal union. Russell has over 15 years’ experience in the construction industry, with the most time spent specializing in the HVAC and architectural fields. Russell brings with him a wealth of experience managing field teams and coordinating work on tough schedules. Russell will be able to utilize his experience to create a safety driven work environment and make sure industry standard work requirements are met. Russell’s strong problem-solving skills and ability to adapt to change make him valuable to any project he works on.

Name: Jeffery Silva Years with Boyer: 5 Years Applicable Experience: 19 Role for Project: Scheduling, IT – Master Schedule, Progress Updates, Project Setup, Reporting, Workflows Public Works
Experience:

Jeff has been the project setup and lead scheduler for seventeen public works related projects over his five years with Boyer.

With a degree in Information Systems and close to two decades experience working as a project manager and process improvement engineer for technology-related projects, Jeff’s unique skillset help to bring all of Boyers processes, tools, and people together. His background in IT and experience with process improvement are key factors that help not just our internal teams work more efficiently, but they also streamline communications and data for all stakeholders on projects including our clients.

Jeff’s role on the Utica Park project will be to work closely on the design and planning services to help set up the initial project and processes to maximize the team’s successful collaboration. Jeff will also be involved with project scheduling and data quality.

Page | 16
Name: Jesse Oliva Years with Boyer: 14 Years Applicable Experience: 19 Role for Project: Project Manager-Preconstruction services, Contractual responsibilities, Project supervision and issue resolution, jobsite schedule
Public Works
Experience:

Jesse has worked on a total of 22 public works projects over 14 years. 3 years and 2 projects as a Carpenter. 10 years and 15 projects as a Superintendent and/or a Project Manager. These projects were a mixture of remodels, additions, TI's and ground-up construction.

Jesse also graduated with a degree from UC Davis and is a member of the Boyer Construction management/ownership team. Jesse’s primary roles are superintendent and project manager, but he has experience involving every role at Boyer Construction. Jesse is a born leader with excellent problem-solving skills, and high standards for quality which make him a natural fit to oversee projects.

For the Utica park’ job, he will be the project manager and the primary point of contact for all communications.

Name: Kaitlynn Johansen Years with Boyer: 7 Years Applicable Experience: 5 Role for Project: Office Manager - Payroll compliance, contracts administration, accounting management Public Works
Experience:

Kaitlynn has worked on a total of 20 separate public work projects over54 years as a Payroll Administrator.

Kaitlynn is exceptionally detail-oriented, which befits her well in her position as a Payroll Administrator.

She has continued her education, and stayed current with all prevailing wage laws, and utilizes all available resources to ensure Boyer’s payroll compliance, as well as all-tiered subcontractors’. She effortlessly navigates her way through the DIR website, reviews all trade requirements, included but not limited to, wages, apprentices, scope and travel. She communicates efficiently and effectively with all subcontractors when issues of non-compliance arise, and works closely with them until full compliance is achieved.

Page | 17
Experience Performing Similar Work Section 3
A) Berkeley Tuolumne Camp bid in
March of 2020 the same time Covid
19 and all of the subsequent
mandates, safety protocols, shut
downs and cost increases started.

The project consisted of over 100
structures spread across a 30-acre site
in snow country. The site consisted of
steep terrain that was riddled with
remnants of the old Tuolumne
Berkeley Camp that burnt down. Our
team not only had to navigate the
difficult site conditions, but we had to
work closely with the insurance
agencies, owner, architects, and
Forest Service department to
overcome all the challenges that came
about resulting from Covid 19. We
worked through lead time issues, cost
increases, manpower shortages, new regulations, and over 284 change events. In the end we were able to deliver a 2 year, $38M project on schedule so the camp can open on time.

Project:

Groveland/Tuolumne
Resilience Centers
[Groveland & Tuolumne, CA]
Description:

General Contractor for the construction of (2)
approx. 9,000sf resilience centers at Tuolumne &
Groveland, CA; Site work included
Project Total Value (Start/End):
$16,731,476 / TBD
Award Date:
03/2021
Method:

Bid-Build
Fees received:
$0
Completion Date:

TBD
Claims/Demands/Litigation:

None
Staffing:

Superintendent – Taylor
Gold/Jesse Oliva
PM – Jesse Oliva
PE - Billy Kiriluk
Subcontractors:

Mechanical – Comfort Air
Electrical - Big Valley Electric
Plumbing – Johnson Plumbing
References:

Maureen Frank – County of
Tuolumne
(209) 533-5511
[email protected]
Relationship Owner:

Excellent – We have an excellent working
relationship and look forward to additional future
partnerships.

Experience with DSA:

N/A
Page | 18
Project:

Berkeley Tuolumne Camp
[Groveland, CA]
Description:

General Contractor for the rebuild of Berkeley
Tuolumne Camp (tent cabins, dining hall, rec hall,
staff cabins, amphitheater, site work)
Project Total Value (Start/End):
$35,290,583 / $38,958,048
Award Date:
03/2020
Method:

Bid-Build
Fees received:
$0
Completion Date:
06/2023 (est)
Claims/Demands/Litigation:

None
Staffing:

Superintendent – Matt Fray
PM – Michael Oliva
PE – Dante Rich
Subcontractors:

Mechanical – Nolte Heating &
Cooling
Electrical - Big Valley Electric
Plumbing – J. Hart Plumbing
References:

Ron Martin – Kitchell CEM
(209) 681-1900
[email protected]
Relationship Owner:

Excellent – We look forward to future partnerships
with the City of Berkeley
Experience with DSA:

N/A
Project:

Ustach MS Modernization
[Modesto, CA]
Description:

General Contractor for the modernization of
approx. 79,389 sq. ft. of buildings, incl. 1,038 of
building expansion; Site work
Project Total Value (Start/End):
$10,523,287 / $10,237,729
Award Date:
09/2019
Method:

Lease Leaseback
Fees received:
$0
Completion Date:
10/2020
Claims/Demands/Litigation:

None
Staffing:

Superintendent - Clinton Johnson
PM - Michael Oliva
PE: Dante Rich
Subcontractors:

Mechanical - Champion Industrial
Electrical - Big Valley Electric
Plumbing - J. Hart Plumbing
References:

Joshua Gregoire - SKW & Assoc.
(209) 523-8323 x226
[email protected]
Relationship Owner:

Excellent – We have an excellent working
relationship and look forward to additional future
partnerships.

Experience with DSA:

Minimal interactions directly with DSA, but the
ones we had were very productive.

Page | 19
Project:

Sonora ES Two-Story Classroom
[Sonora, CA]
Description:

General Contractor for the construction of a
new 2-story classroom building
Project Total Value (Start/End):
$4,897,500 / $4,897,500
Award Date:
06/2019
Method:

Lease Leaseback
Fees received:
$0
Completion Date:
09/2020
Claims/Demands/Litigation:

None
Staffing:

Superintendent – Matt Fray
PM – Jesse Oliva
Senior PM – Michael Oliva
Subcontractors:

Mechanical - Comfort Air
Electrical - Big Valley Electric
Plumbing - Summit Plumbing
References:

Leigh Shampain - Sonora ES District
(209) 532-5491 x4081
[email protected]
Relationship Owner:

Excellent – Helped to move the job forward through
multiple collaborative VE efforts. Will be finishing 2
months ahead of schedule.

Experience with DSA:

Minimal interactions, but all were productive and
would be considered successful.

Project:

Columbia College - Manzanita
Bldg Modernization [Columbia, CA]
Description:

General Contractor for the
addition/modernization of the (e) Manzanita
Bldg
Project Total Value (Start/End):
$5,418,400 / $6,098,793
Award Date:
04/2014
Method:

Bid-Build
Fees received:
$0
Completion Date:
05/2015
Claims/Demands/Litigation:

None
Staffing:

Superintendent – Jesse Oliva
PM – Robert Boyer
Subcontractors:

Mechanical - DDK Mechanical
Electrical - Big Valley Electric
Plumbing - J. Hart Plumbing
References:

Judy Lanchester – YCCD
(209) 575-6512
[email protected]
Relationship Owner:

Excellent – Great working team relationship
Experience with DSA:

No interactions
Page | 20
Project:

Summerville HS Modernization
[Tuolumne, CA]
Description:

General Contractor for the construction of a
football field & track; upgrade
concession/snack shack/demo existing
bleachers; new bleacher & press box
Project Total Value (Start/End):
$4,086,000 / $4,255,000
Award Date:
05/2014
Method:

Lease Leaseback
Fees received:
$0
Completion Date:
10/2014
Claims/Demands/Litigation:

None
Staffing:

Superintendent – Michael Oliva
PM – Robert Boyer
Subcontractors:

Mechanical - Nolte Heating & Cooling
Electrical - Big Valley Electric
Plumbing - Doug Roberson Plumbing
References:

Warren Van Bolt - Summerville
HS District
(209) 768-5099
[email protected]
Relationship Owner:

Excellent – Great working team relationship. Have been
called back for multiple jobs. Helped with VE to help the jobs move forward.

Experience with DSA:

No interactions
Project:

Sonora HS Aquatics Center
[Sonora, CA]
Description:

General Contractor for the construction of a
new aquatics facility & support bldgs
Project Total Value (Start/End):
$6,383,000 / $6,326,500
Award Date:
06/2016
Method:

Lease Leaseback
Fees received:
$0
Completion Date:
08/2017
Claims/Demands/Litigation:

None
Staffing:

Superint. – Jesse Oliva
PM – Robert Boyer
Subcontractors:

Mechanical - Nolte Heating & Cooling
Electrical - Big Valley Electric
Plumbing - J. Hart Plumbing
References:

Patrick Chabot - Sonora HS
District (209) 533-8510
[email protected]
Relationship Owner:

Excellent – Great working team relationship
Experience with DSA:

Minimal interactions, but all were productive and
would be considered successful.

Page | 21
Project:

Elk Grove Animal Shelter
[Elk Grove, CA]
Description:

General Contractor for the construction
of new 23,000 sq. ft. animal shelter
Project Total Value (Start/End):
$12,820,000 / $14,124,172
Award Date:
04/2018
Method:

Bid-Build
Fees received:
$0
Completion Date:
09/2019
Claims/Demands/Litigation:

None
Staffing:

Superint. – Peyton Pushies
PM – Michael Oliva
Subcontractors:

Mechanical - GP Mechanical
Electrical - Big Valley Electric
Plumbing - Buss Mechanical
References:

Jeff Werner - City of Elk Grove
(916) 216-2397
[email protected]
Relationship Owner:

Very good- We had a good team partnership working through a difficult job. Although this was our only job with the City of EG to date, they were very happy with our performance and have invited us to bid multiple jobs.

Project:

HH-982 Moccasin Facilities Upgrade
[Moccasin, CA]
Description:

General Contractor for the construction
of 10,000 sq. ft. shops/office building
Project Total Value (Start/End):
$9,171,000 / $9,722,344
Award Date:
07/2016
Method:

Bid-Build
Fees received:
$0
Completion Date:
06/2018
Claims/Demands/Litigation:

None
Staffing:

Superint. – Peyton Pushies
PM – Michael Oliva
Subcontractors:

Mechanical - DDK Mechanical
Electrical - Big Valley Electric
Plumbing - J. Hart Plumbing
References:

Steve Thomazin - SFPUC
(209) 989-2129
[email protected]
Relationship Owner:

Very good- We have been called back for numerous additional jobs for the city of SF.

Page | 22
Past Performance Compatible with Community Context Section 4 When you walk into the Boyer office in Sonora, you will immediately be made aware of our commitment and involvement with our local community. This community first mindset spills over into the projects we choose to pursue and how we go about running that project. Public jobs serve a common purpose, to make their communities better and we do everything in our power to help make this happen. In one context or another we find it is typical for local government to include their stakeholders in on the process, which makes sense the purpose of these facilities are often to serve the community. Each project is unique in it’s collaboration with the community, but we have experienced enough projects to help our clients with this community involvement. Below are a few examples of previous jobs and their integration with the community.

Tuolumne County Resilience Centers: Our most recent projects completed were the Tuolumne County Resilience Centers which were created for the community’s direct use, so naturally the local community was involved in nearly every stage of the project. During the life of the resilience center projects we encountered numerous challenges as the construction industry supply chain was turned upside down as a result from the Covid 19 pandemic. We worked day in and day out coordinating substitutions, custom fabrications, and scope alterations to keep the project moving. During the process additional grant funds were secured and additional scope was added to the project. We helped to coordinate new design/build activities with original plans. In the end we were able to open the doors for a grand opening ceremony that showcased the community as the real stars for making the project a reality.

Page | 23
Berkeley Tuolumne Camp: For
the Berkeley Tuolumne Camp we
worked hand in hand with the
not for profit ‘Friends of Berkeley
Camp (FOBC)’, a separate
volunteer team to gather their
feedback and help design the
final landscaping and shade
structures for the project. We
coordinated design and layout
with subcontractors who were
experts in our area and could
offer practical guidance on native
plants and vegetation in our area.

We also coordinated with FOBC
to add multiple smaller shade
structures to the project based
on the needs of the community feedback they solicited such as the small picnic pavilion show at the bottom of the picture above.

Sonora Elementary School LLB: The Sonora Elementary LLB school project came in a million dollars over budget that the school district did not have. Through a collaborative effort by the design team, school district and Boyer Construction, we were able to present enough VE items to allow them to get the full use of their intended project. By reaching out to our subcontractors and asking them to search for any alternative ways to complete their scope of work as well as looking at all the self-performed areas and presenting these items to the district we accomplished this goal.

Summerville High School LLB:

Summerville High School LLB Bleacher
portion of work had a combination of
extremely challenging steep terrain, a
cost that was well over budget and an
unrealistic schedule. Through the trust in
our local subcontractors, we were able to
collaborate on the best way to construct
the bleachers, saving the district $500k.

This was accomplished by changing the
design from a drilled pier metal bleacher
to a concrete pour in place set. We
placed concrete sometimes at 3am in
order to finish before school started as
well as working Saturdays to ensure that
the Football Stadium could host games
during that season, which we met.

Page | 24
Elk Grove Animal Shelter: 210 days into a 430-day
project, the City of Elk Grove lost a contract with
Sacramento City to house their animals so they
asked Boyer Construction if we could deliver 23,000
sq. ft animal shelter facility 3 months early to help
save these animals. Our Boyer Construction team
worked night and day to create an alternate working
schedule and fully documented execution plan, that
allowed for a portion of the building to opened early
to accommodate the animals. We pulled everyone
together to work as team all focused on a single
objective. We coordinated with utilities, planning
departments, fire marshals, subcontractors and
project managers. Our team took the lead to guide
our clients on the best course of actions. Achieving
the early occupancy was just the first challenge. For the remainder of the project, we had to complete construction on the building while the facility was open and operating. Our team met daily with the animal shelter staff to coordinate activities and ensure everyone could complete their jobs safely. There were days where both construction activities and animal surgeries occurred in the same room. In the end, our team was commended for our poise and leadership in helping to deliver such a challenging goal on an already demanding project. The shelter was for a new division that would be managed by the local police department. On a weekly basis we would meet with the police chief to learn about their requirements.

The finishes and final functionality were tailored to meet their needs. We also engaged with the local community to coordinate the installation of local art pieces across the site.

Page | 25
Cost Section 5
The City of Angels Camp has a fixed budget for the Utica Park Utica Park/Lightner Mine Expansion project, and Boyer Construction understands the requirements and scopes of work involved with the project. Upon our selection we work with the City to refine and prioritize project requirements while concurrently gathering additional site information to determine what is the City’s most feasible design. During the design phase we will collaborate with engineers and contractors to ensure the feasibility of the project is possible within the City’s budget. After a design has been engineered and finalized Boyer will proceed with the construction phase of the project. During the construction phase Boyer will oversee all construction activities through the project’s completion.

For our services of overseeing the design and construction of the project, Boyer construction will charge a flat 11% on top of all direct costs associated to the project. The total cost of the project, including Boyer Constructions developer fee, will be finalized prior to entering the construction phase of the project. This approach provides complete transparency into the cost of the project.

The design scope can be adjusted as necessary to accommodate the City’s budget in advance to ensure the project budget is adhered to.

Fee Type Description % Cost
Design Consultation Boyer Construction is Not charging any design fees for this project.
0 0
Design Engineering
and Plan Generation
Consulting and engineering fees that Boyer Construction incurs during the design phase of the project will be marked up 11% to cover Boyer operational costs.
11%
Profit and Overhead
Fees (Developer Fee)
The developer fee includes Boyer construction Profit and overhead that is not attributed directly to this project. The 11% is charged over all subcontractor work to be performed.
11% Based
on final
price
General Conditions General Conditions are identified as Direct “project” overhead costs. Below is a description of what is included in General Conditions and calculated at a monthly fixed rate of $33,000.

Note: This figure is based on the initial year for the contract.

Fixed
Rate
$33,000
per
month
Insurance Insurance costs are based off the GMP.

Insurance and Bond % Breakout
Insurance type % Estimate Total
Liability and Pollution
3%
Based on GMP
Builder’s Risk “All Risk” Based on GMP
Bond Based on GMP
3% Based
on final
price
Page | 26
Boyer is willing &
able to perform
this task
Service to be performed: Yes No
Design / Planning Services
A. Site Evaluation: Consult with City staff in relation to the existing site. We will make site visits, as needed to review the current site conditions. During this evaluation, we may make recommendations relating to soils investigations and utility locations and capacities, in order to minimize unforeseen conditions.

B. Plan Design: We will coordinate with City representatives, engineers, and design consultants to refine requirements and finalize construction plans.

C. Constructability Services: Provide plan review and constructability services with an emphasis on ensuring that the Project can be completed within the established schedule and within the available budget.

D. Value Engineering: Provide a detailed analysis of all major Project systems with an emphasis on possible value engineering possibilities.

E. Detailed Construction CPM Schedule: Produce detailed construction CPM schedules to be incorporated into the Project documents including identification of the Project critical path and agency approvals.

F. Construction Cost Submission: Formalize project schedule of values for all project costs with full transparency to sub contractor bids. Upon establishment of the GMP, provide detailed construction estimates showing the values of all major project components.

G. Construction Planning: Plan the phases and staging of construction, staging areas, temporary fencing, office trailer placement, access, etc. as required.

H. Other Services: Training and software for the project team including RFI, Submittal, Plan and Specification management, custom reporting and 24x7 access to all project documentation.

Construction Services
A. Project Accounting and Management Systems: In coordination with City, we will develop the Project accounting and budget management systems to provide up to date costs including monthly reporting.

B. General Conditions: List what is included in the general conditions (including full-time and part-time personnel) and a monthly value of the general conditions. Indicate what would be included as a cost of work versus a line item in the general conditions.

C. Management of Project: Administer and coordinate on a daily basis the work of all trade contractors the successful Respondent hires to work on the Project. Enforce strict performance, scheduling, and notice requirements. Document the progress and costs of the Project. Report proactively on potential schedule impacts. Recommend potential solutions to schedule problems.

D. Trade Contractors: Pursuant to Public Contract Code section 20111.6, each prospective MEP Contractor holding C-4, C-7, C-10, C-16, C-20, C-34, C-36, C-38, C-42, C-43, and/or C46 licenses shall be prequalified to perform construction work as a first tier subcontractor on the Project.

Page | 27
Timeline Section 6
Preliminary scheduling for the Utica Park expansion project Design services and site discovery are estimated to begin the beginning of April. Depending on the results of discovery we anticipate the design stage of the project to take approximately 3-4 months, with an additional 1-2 months for planning. The construction phase of the project has the greatest amount of uncertainty at this point as the final design and construction materials are yet to be defined. Based on similar experiences we can expect the demo, earthwork and underground activities to take 2-3 months. As we head into winter of 23/24 productivity is expected to diminish. During the winter months construction on the structures will continue.

Headed into spring of 2023 we can expect site work to complete, leading to a target opening date in late spring 2024. The final construction CPM schedule will be developed once a final plan design is approved. {CW097768.1} 23 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___

EXHIBIT B

PAYMENT BY FORCE ACCOUNT
For work paid by force account, the City Engineer compares City’s records to Contractor’s daily force account work report. When the City Engineer and Contractor agree on the contents of the daily force account work reports, the City Engineer accepts the report and City pays for the work. If the records differ, City pays for the work based only on the information shown on City’s records. If a subcontractor performs work at force account, work paid at force account will be accepted at an additional 2 percent (2%) markup to the total cost of that work, including markups, as reimbursement for additional administrative costs. The markups specified in labor, materials, and equipment includes compensation for all delay costs, overhead costs, and profit. If an item's unit price is adjusted for work-character changes, City excludes Contractor’s cost of determining the adjustment. Payment for owner-operated labor and equipment is made at the market-priced invoice submitted.

A. Labor. Labor payment is full compensation for the cost of labor used in the direct performance of the work plus a 5 percent (5%) markup, as set forth below, and consistent with California Labor Code section 1770 et seq. Force account labor payment consists of:

1. Employer payment to the worker for:

1.1 Basic hourly wage

1.2 Health and welfare

1.3 Pension

1.4 Vacation

1.5 Training

1.6 Other State and federal recognized fringe benefit payments

2. Labor surcharge percentage in Labor Surcharge and Equipment Rental Rates current during the work paid at force account for:

2.1 Workers' compensation insurance

2.2 Social security

2.3 Medicare

2.4 Federal unemployment insurance

2.5 State unemployment insurance

2.6 State training taxes

3. Subsistence and travel allowances paid to the workers

4. Employer payment to supervisors, if authorized
The 5 percent (5%) markup consists of payment for all overhead costs related to labor but not designated as costs of labor used in the direct performance of the work including:
(a) Home office overhead
(b) Field office overhead
(c) Bond costs
{CW097768.1} 24 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___
(d) Profit
(e) Labor liability insurance
(f) Other fixed or administrative costs that are not costs of labor used in the direct performance of the work
B. Materials. Material payment is full compensation for materials the Contractor furnishes and uses in the work. The City Engineer determines the cost based on the material purchase price, including delivery charges, except:

1. A 5 percent markup is added;

2. If Contractor procured the materials from a source Contractor wholly or partially own, the determined cost is based on the lower of the:

4.1 Price paid by the purchaser for similar materials from that source on Contract items; and

4.2 Current wholesale price for those materials;
5 If Contractor does not submit a material cost record within thirty (30) days of billing, the determined cost is based on the lowest wholesale price:

5.1 During that period

5.2 In the quantities used
C. Equipment Rental. Equipment rental payment is full compensation for:

1. Rental equipment costs, including moving rental equipment to and from the change order work site using its own power.

2. Transport equipment costs for rental equipment that cannot be transported economically using its own power. No payment is made during transport for the transported equipment.

3. 5 percent markup.

If Contractor wants to return the equipment to a location other than its original location, the payment to move the equipment must not exceed the cost of returning the equipment to its original location. If Contractor uses the equipment for work other than work paid by force account, the transportation cost is included in the other work.

Before moving or loading the equipment, Contractor must obtain authorization for the equipment rental's original location.

The City Engineer determines rental costs:

1. Using rates in Labor Surcharge and Equipment Rental Rates:
{CW097768.1} 25 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___

1.1. By classifying equipment using manufacturer's ratings and manufacturerapproved changes.

1.2. Current during the work paid by force account.

1.3. Regardless of equipment ownership but City uses the rental document rates or minimum rental cost terms if:

1.3.1. Rented from equipment business Contractor does not own.

1.3.2. The Labor Surcharge and Equipment Rental Rates hourly rate is $10.00 per hour or less.

2. Using rates established by the City Engineer for equipment not listed in Labor Surcharge and Equipment Rental Rates. Contractor may submit cost information that helps the City Engineer establish the rental rate but City uses the rental document rates or minimum rental cost terms if:

2.1. Rented from equipment business Contractor does not own.

2.2. The City Engineer establishes a rate of $10.00 per hour or less.

3. Using rates for transport equipment not exceeding the hourly rates charged by established haulers.

Equipment rental rates include the cost of:

1. Fuel 7. Repairs and maintenance

2. Oil 8. Depreciation

3. Lubrication 9. Storage

4. Supplies 10. Insurance

5. Small tools that are not consumed by use 11. Incidentals

6. Necessary attachments
City pays for small tools consumed by use. The City Engineer determines payment for small tools consumed by use based on Contractor-submitted invoices.

The City Engineer may authorize rates in excess of those in the Labor Surcharge and Equipment Rental Rates if:

1. Contractor submits a request to use rented equipment

2. Equipment is not available from Contractor’s normal sources or from one of Contractor’s subcontractors

3. Rented equipment is from an independent rental company

4. Proposed equipment rental rate is reasonable

5. The City Engineer authorizes the equipment source and the rental rate before Contractor uses the equipment
D. Equipment on the Job Site. For equipment on the job site at the time required to perform work paid by force account, the time paid is the time:
{CW097768.1} 26 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___

1. To move the equipment to the location of work paid by force account plus an equal amount of time to move the equipment to another location on the job site when the work paid by force account is completed

2. To load and unload equipment

3. Equipment is operated to perform work paid by force account and:

3.1. Hourly rates are paid in 1/2-hour increments

3.2. Daily rates are paid in 1/2-day increments
E. Equipment Not on the Job Site Required for Original-Contract Work. For equipment not on the job site at the time required to perform work paid by force account and required for originalContract work, the time paid is the time the equipment is operated to perform work paid by force account and the time to move the equipment to a location on the job site when the work paid by force account is completed.

The minimum total time paid is:

1. 1 day if daily rates are paid

2. 8 hours if hourly rates are paid
If daily rates are recorded, equipment:

1. Idled is paid as 1/2 day

2. Operated four (4) hours or less is paid as 1/2 day

3. Operated four (4) hours or more is paid as one (1) day If the minimum total time exceeds eight (8) hours and if hourly rates are listed, City rounds up hours operated to the nearest 1/2-hour increment and pays based on the hours shown in the following table.

The table does not apply when equipment is not operated due to breakdowns, in which case rental hours are the hours the equipment was operated.

Equipment Rental Hours
Hours
operated
Hours
paid

0.0 4.00

0.5 4.25

1.0 4.50

1.5 4.75

2.0 5.00

2.5 5.25

3.0 5.50

3.5 5.75

4.0 6.00

4.5 6.25

5.0 6.50

5.5 6.75
{CW097768.1} 27 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___

6.0 7.00

6.5 7.25

7.0 7.5

7.5 7.75
≥8.0 hours
used
F. Equipment Not on the Job Site Not Required for Original-Contract Work. For equipment not on the job site at the time required to perform work paid by force account and not required for original-Contract work, the time paid is the time:

1. To move the equipment to the location of work paid by force account plus an equal amount of time to return the equipment to its source when the work paid by force account is completed

2. To load and unload equipment

3. Equipment is operated to perform work paid by force account G. Non-Owner-Operated Dump Truck Rental. Contractor shall submit the rental rate for nonowner-operated dump truck rental to City. The City Engineer shall determine the payment rate.

Payment for non-owner-operated dump truck rental is for the cost of renting a dump truck, including its driver. For the purpose of markup payment only, the non-owner-operated dump truck is rental equipment and the owner is a subcontractor.

The above markups shall constitute full compensation for all home office overhead, field office overhead, bond costs, profit, labor liability insurance, and other fixed or administrative costs that are not costs specifically designated as cost or equipment rental as stated above. The total payment made as provided above shall be deemed to be the actual cost of the work and shall constitute full compensation therefor.

When extra work to be paid for on a force account basis is performed by a subcontractor, an additional markup of 2 percent (2%) will be added to the total cost of that extra work including all markups specified in this Section. The additional 2 percent (2%) markup shall reimburse Contractor for additional administrative costs, and no other additional payment will be made by reason of performance of the extra work by a subcontractor.
{CW097768.1} 28 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Pursuant to Section 18(b) of the Agreement, Contractor certifies as follows:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Signed: Date:

Robert E. Boyer, Owner
Business Address (Street Address, City, State & Zip Code):

Robert E. Boyer Construction, Inc.
19608 E. Mono Way
Sonora, CA 95370
{CW097768.1} 29 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___

PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the City of Angels Camp, State of California, has awarded to Specified Play Equipment Co. (SPEC), hereinafter designated as the “Principal,” a contract for the Utica Park Children’s Playground; and,
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract.

NOW, THEREFORE, we the Principal, and as Surety, are
held and firmly bound unto the City of Angels Camp in the penal sum of _____________________________________ ($_____________), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, or Principal’s heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in said contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning; and shall defend, indemnify and save harmless the City of Angels Camp, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.

And the Surety, for value received hereby stipulates and agrees that, in accordance with the Plans, Standard Specifications, Special Provisions, and other contract documents, no change, extension of time, alteration, or addition to the terms of the contract, or to the work to be performed hereunder, or to the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of additions to the terms of the Contract to the work, or to the specifications.

The City of Angels Camp reserves the right to refuse use of any Contractor assigned by any surety to complete the work.
[Signatures on Following Page]
{CW097768.1} 30 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___
IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their seals this __________ day of _______________, 2023, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
(Corporate Seal) Principal
By Robert E. Boyer
Title Principal Owner
(Attach Notarial Acknowledgment)
(Corporate Seal) Surety
Address
Phone No.: ( ) Fax No.: ( )
By
Attorneys-in-Fact
Title
(Attach Notarial Acknowledgment)
NOTE TO SURETY COMPANY: There must be submitted a certified copy of unrevoked resolution of authority for the attorneys-in-fact.
(Seal) Witness
Approved as to form:

Risk Manager
{CW097768.1} 31 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the City of Angels Camp, a municipal corporation, has awarded to Specified Play Equipment Co. (SPEC), hereinafter designated as the “Principal”, a contract for the Utica Park Children’s Playground; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract, to secure payment of claims of laborers, mechanics, or materialmen employed on work under said contract, as provided by law.

NOW, THEREFORE, we the undersigned Principal and Surety are held and firmly bound unto the City of Angels Camp in the sum of ____________________________________________ ($_________), said sum being equal to the estimated amount payable by said City of Angels Camp under the terms of the contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if said Principal, or Principal’s heirs, executors, administrators, successors, or assigns, or subcontractors shall fail to pay for any material, provisions, provender, or other supplies, implements, or machinery used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from these wages of employees of the Contractor and Contractor’s subcontractors pursuant to the Revenue and Taxation Code, with respect to such work and labor, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, said Surety will pay a reasonable attorney’s fee to be fixed by the court.

This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3138 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond.

Said Surety, for value received, hereby stipulates and agrees that, in accordance with the Plans, Standard Specifications, Special Provisions, and other Contract Documents, no change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed there under, or to the specifications accompanying the same, shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work, or to the specifications. [Signatures on Following Page]
{CW097768.1} 32 CITY CONTRACT NO. __-___
CITY PROJECT NO. __-___
IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their seals this ___________ day of ________________, 20__, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
(Corporate Seal) Principal
By Robert E. Boyer
Title Principal Owner
(Attach Notarial Acknowledgment)
(Corporate Seal) Surety
Address
Phone No.: ( ) Fax No.: ( )
By
Attorneys-in-Fact
Title
(Attach Notarial Acknowledgment)
NOTE TO SURETY COMPANY: There must be submitted a certified copy of unrevoked resolution of authority for the attorneys-in-fact.
(Seal) Witness
Approved as to form:

Risk Manager

C IT Y H AL L
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
DATE: March 7, 2023
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: APPROVE RESOLUTION 23-27 APPROVING THE PURCHASE OF A POLICE VEHICLE AND AMENDMENT OF THE 2022-23 FISCAL YEAR BUDGET

RECOMMENDATION
Approve the purchase of a police vehicle and amend the budget for the purchase in the amount of $95,000.

BACKGROUND
The Police Department has an annual replacement plan that requires replacing vehicles that reach 100,000.

DISCUSSION
The Police Department has a fleet of 7 patrol vehicles and 1 training vehicles staff use to conduct nonsworn in city business in addition to be available to staff for out of city training and conference needs.

Every year the Police Department will include the replacement of a vehicle that has reached or will be reaching 100,000 miles. This is the point in the vehicle’s cycle where the maintenance starts to exceed the benefit of retention or starts to present safety issues.

Due to major issues in market availability, an order can take a year or more to receive and, in some cases, orders are being canceled by the dealer and manufacturer due to lack of supply.

Staff was pricing a replacement to include in the 2023/24 budget and Downtown Ford happened to have a vehicle on-site that had been cancelled by the agency that ordered it. It has been determined that waiting to order a vehicle will create a gap in our fleet replacement for 2023/24 as it would not be delivered until 2024/25.

The recommendation is to approve an amendment to the current budget and authorize the purchase of the vehicle now. The 2023/24 budget will not include a vehicle replacement. 7B

C IT Y H AL L
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov

FINANCIAL IMPACT
The base vehicle is $52,152.66
Police Upfitting for lights, cages, etc. is estimated at $35,000 (compared to past years that would have been $25,000).

MDT and Communications is estimated at $6,000.

Decals is estimated to be $1,500.

Total Capital Asset estimated to be $94,652.66-$95,000.

Funding will be from General Fund unassigned balance (reserved). Staff have also identified that there is approximately $18,000 in capital budget savings in the Police budget. However, it is recommended to amend the budget for the full $95,000 and leave the $18,000 should any additional overages occur on the estimated upfitting items.

ATTACHMENTS
Downtown Ford Quote
Resolution 23-27 Budget Adjustment
Name DATE 3/1/2023
Address SALES REP KAYLA
City ANGELS CAMP State CA Zip 95222 PHONE 916-717-0362
Phone FOB ANGELS CAMP
Qty Unit Price TOTAL
1 $40,938.00 $40,938.00

OPTIONS
1 CHANGE TO 3.0L V6 ECOBOOST ENGINE $2,022.00 $2,022.00 1 HID PLUNG W/R HNDL INOPERABLE $160.00 $160.00
1 ULTIMATE WIRING KIT $560.00 $560.00
1 AUX CLIMATE CONTROL $610.00 $610.00
1 CARGO DOME LAMP -RED/WHITE $50.00 $50.00
1 REAR CAMERA ON DEMAND $230.00 $230.00
1 COURTESY LAMP DISABLE $25.00 $25.00
1 BLIS (BLIND SPOT INFO SYSTEM) $545.00 $545.00
1 KEYED ALIKE -KEY CODE 59B $50.00 $50.00
1 NOISE SUPPRESSION BOND STRAPS $100.00 $100.00
1 OBD-II SPLIT CONNECTOR $55.00 $55.00
1 SIDE MARKER LIGHTS SKULL CAPS $290.00 $290.00
1 FRONT HEADLAMP LIGHT SOLUTION $895.00 $895.00
1 POL WIRE HARNESS CONNECTOR KIT $185.00 $185.00
1 PERIMETER ALERT $675.00 $675.00
1 REAR DR HNDL AND LOCKS INOPR $100.00 $100.00
1 PRE-COLLISION ASSIST $145.00 $145.00
1 REVERSE SENSING SYSTEM $275.00 $275.00
1 REAR VIEW MIRROR W/REAR CAMERA $0.00 $0.00
1 E MARKED SOLAR GLASS $120.00 $120.00
1 DOC FEE $85.00 $85.00
SALES TAX CALCULATED AT 7.75%
SubTotal $48,115.00
DELIVERY $300.00
Cash SALES TAX $3,728.91
Check CA Tire Tax $8.75
Credit Card TOTAL $52,152.66
Name
CC #
Expires
FC24401

ANGELS CAMP PD
200 Monte Verda Street
ATTN: SCOTT ELLIS

VEHICLE IS IN STOCK - READY FOR DELIVERY

PRICING BELOW SUBJECT TO CHANGE
SIGNATURE________________________________DATE_________
Description

NEW FORD POLICE INTERCEPTOR AWD UTILITY
CITY OF SACRAMENTO CONTRACT B19153311005
EXTERIOR COLOR: BLACK
$500 DISCOUNT WITH PAYMENT IN 20 DAYS
Office Use Only

BASED ON REGISTRATION ADDRESS
525 N16TH STREET, SACRAMENTO, CA 95811
PHONE: 916-299-3529
QUOTE
Payment Details
Customer

CITY OF ANGELS

CITY COUNCIL
RESOLUTION NO 23-27
RESOLUTION AMENDING THE 2022/23 BUDGET FOR THE ADDITIONAL OF A POLICE

VEHICLE PURCHASE
WHEREAS, the City Council adopted Resolution #22-28, which adopted the budget for the Fiscal Year 2022/2023 and authorized spending totaling $14,875,922; and WHEREAS, the City Staff has recommended the replacement of a police vehicle; and WHEREAS, the City Council has reviewed these recommendations and wishes to approve this budget adjustment.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Angels approves budget adjustments that will increase the expenditure authorization by $95,000 as follows:

Expenditures
Additional
Revenues
General
Fund Net
Effect
Other
Funds Net
Effect

1. General Fund 95,000 0 95,000 0
95,000 0 95,000 0
FURTHER BE IT RESOLVED that the City Council of the City of Angels approves a budget amendment of $95,000 increase to the General Fund.

DULY PASSED AND ADOPTED this 7
th day of March 2023 by the following vote:

Ayes:

Noes:

Absent:

Abstain:
_______________________
Jennifer Herndon, Mayor
ATTEST:
______________________
Rose Beristianos, City Clerk

H O M E O F T H E J U M P I N G F R O G

C IT Y H AL L
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
DATE: March 7, 2023
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: AUTHORIZE CITY ADMINISTRATOR TO SUBMIT A FINANCIAL ASSISTANCE APPLICATION TO THE STATE

WATER RESOURCES CONTROL BOARD FOR THE CITY OF ANGELS WATER TREATMENT PLANT UPGRADE – UPDATE WITH PROJECT NAME
RECOMMENDATION:

Rescind 21-53 and approve Resolution 23-28 with same information and an updated project name of Water Treatment plant Upgrade.

BACKGROUND:

Resolution 21-53 was adopted and approved on December 7, 2021. The project name was Water Treatment Plant Improvement Project. Per the application submission, the project name was City of Angels Water Treatment Plant Upgrade. Due to the application already going through environmental with the “Upgrade” name, it is easier to approve a new resolution.

In addition, since the time of initial scoping, the estimated project costs has increased to $7,000,000.

FISCAL IMPACT:

The Water Treatment Plant Improvements Project is an approved Water and Wastewater Capital Improvements Project with funding programmed from water operations and capital facilities impact fees. Procurement of financial assistance from the State Water Resources Control Board for the Project will reduce the immediate burden on City funding sources, provide a mechanism for on-going disbursement of payments to contractors, and improve management of future cash flow requirements.

As part of the 2023-24 budget, the CIP project will be increased accordingly.

ATTACHMENTS:

Original Resolution No. 21-53
New Resolution No. 23-28
Resolution No. 23-29 Council Approval
Resolution No. 23-29 Clerk Certification
7C
RESOLUTION NO: 21-53

RESOLUTION AUTHORIZING CITY ADMINISTRATOR TO SUBMIT A

FINANCIAL ASSISTANCE APPLICATION TO THE STATE WATER RESOURCES CONTROL BOARD

FOR THE PLANNING, DESIGN, AND CONSTRUCTION OF THE CITY OF ANGELS

WATER TREATMENT PLANT IMPROVEMENTS PROJECT
WHEREAS, the City of Angels Water Treatment Plant Improvements Project (Project) proposes to construct backwash handling improvements to enhance facility efficiency, reliability, and regulatory compliance; and
WHEREAS, the Project is an approved water and wastewater Capital Improvements Project and the City has set aside $4,050,000 for the Project; and
WHEREAS, environmental documents for the Project are complete and certified by the City Council.

NOW, THEREFORE, IT IS HEREBY RESOLVED, ORDERED, AND FOUND by the City Council of the City of Angels, State of California as follows:
1) The City Administrator (the "Authorized Representative") or designee is hereby authorized and directed to sign and file, for and on behalf of the Entity, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the planning, design,and construction of the Project;
This Authorized Representative, or his/her designee, is designated to provide the assurances, certifications, commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto; and
The Authorized Representative, or his/her designee, is designated to represent the City of Angels in carrying out the City of Angels' responsibilities under the financing agreement, including certifying disbursement requests on behalf of the City of Angels and compliance with applicable state and federal laws.
2)
3)
PASSED AND ADOPTED by the City Council of the City of Angels, State of California held this 7*^ day of December 2021, by the following vote:

AYES:

I! 1 z\, onI
NOES: )
ABSTAIN:

ABSENT:

Jennifer H don, Vice- Mayor
RESOLUTION NO: 23-28
RESOLUTION RESCINDING RESOLUTION 21-53 TO BE REPLACED WITH RESOLTUION 23-28 UPDATING

THE PROJECT NAME TO CITY OF ANGELS WATER TREATMENT UPGRADE WHEREAS, the City of Angels approved resolution 21-53 using the project name of City of Angels Water Treatment Plant Improvement Project; and
WHEREAS, the project application that had environmental reviews had the name of City of Angels Water Treatment Upgrade; and
WHEREAS, the project names must be the same and a replacement resolution is approved using City of Angels Water Treatment Upgrade,
NOW, THEREFORE, IT IS HEREBY RESOLVED, ORDERED, AND FOUND by the City Council of the City of Angels, that Resolution 21-53 is rescinded.

PASSED AND ADOPTED by the City Council of the City of Angels, State of California held this 7 th
day of March 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________ _________________________
Rose Beristianos, City Clerk Jennifer Herndon, Mayor
RESOLUTION NO: 23-29

RESOLUTION AUTHORIZING CITY ADMINISTRATOR TO SUBMIT A

FINANCIAL ASSISTANCE APPLICATION TO THE STATE WATER RESOURCES CONTROL BOARD

FOR THE PLANNING, DESIGN, AND CONSTRUCTION OF THE CITY OF ANGELS

WATER TREATMENT PLANT UPGRADE
WHEREAS, the City of Angels Water Treatment Plant Improvements Project (Project) proposes to construct backwash handling improvements to enhance facility efficiency, reliability, and regulatory compliance; and
WHEREAS, the Project is an approved water and wastewater Capital Improvements Project and the City has set aside $7,000,000 for the Project; and
WHEREAS, environmental documents for the Project are complete and certified by the City Council.

NOW, THEREFORE, IT IS HEREBY RESOLVED, ORDERED, AND FOUND by the City Council of the City of Angels, State of California as follows:
1) The City Administrator (the “Authorized Representative”) or designee is hereby authorized and directed to sign and file, for and on behalf of the Entity, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the planning, design,and construction of the Project;
2) This Authorized Representative, or his/her designee, is designated to provide the assurances, certifications, commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto; and
3) The Authorized Representative, or his/her designee, is designated to represent the City of Angels in carrying out the City of Angels’ responsibilities under the financing agreement, including certifying disbursement requests on behalf of the City of Angels and compliance with applicable state and federal laws.

PASSED AND ADOPTED by the City Council of the City of Angels, State of California held this 7 th
day of March 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________ _________________________
Rose Beristianos, City Clerk Jennifer Herndon, Mayor
RESOLUTION NO: 23-29

RESOLUTION AUTHORIZING CITY ADMINISTRATOR TO SUBMIT A

FINANCIAL ASSISTANCE APPLICATION TO THE STATE WATER RESOURCES CONTROL BOARD

FOR THE PLANNING, DESIGN, AND CONSTRUCTION OF THE CITY OF ANGELS

WATER TREATMENT UPGRADE
WHEREAS, the City of Angels Water Treatment Plant Improvements Project (Project) proposes to construct backwash handling improvements to enhance facility efficiency, reliability, and regulatory compliance; and
WHEREAS, the Project is an approved water and wastewater Capital Improvements Project and the City has set aside $7,000,000 for the Project; and
WHEREAS, environmental documents for the Project are complete and certified by the City Council.

CERTIFICATION
I do hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the City Council of the City of Angels, State of California held on March 7, 2023.

Rose Beristianos, City Clerk
(Seal)

RECOMMENDATION
Approve Policy 300.011 Fund Balance for General Fund Policy

BACKGROUND
GFOA (Government Finance Officers Association) establishes best practices for public agencies across a wide array of financial policy decisions.

DISCUSSION
City Gate recommended in the 2018 plan to develop policies to build reserves to assist the City to establish and maintain stable financial health. Reserves recommended at that time were:
• 5 percent Economic Uncertainty Reserve
• 5 percent Exposure Reserve
• 10 percent Emergency Reserve
In 2019, staff presented to Council, by way of adoption of the budget, the Financial Management Policy.

Staff will be bringing forward full-bodied policies to Council, based on GFOA and GASB best practices and requirements, to be approved by Resolution to create a comprehensive Financial Policy to be used throughout the year.

Section H. Fund Balance and Reserves (Financial Management Policy) states the following:

1. The City will strive to maintain a fund balance in the General Fund, including the General Fund's Strategic Reserve Fund, of at least 25 percent of General Fund operating expenditures. A 25-percent fund balance is equivalent to approximately three months of operating expenditures. The primary purpose of this minimum fund balance is to meet cash flow requirements, to protect the City's essential service programs and funding requirements during periods of economic uncertainty, local disasters, other financial hardships or downturns in the local economy, and to provide for unforeseen operating or capital needs. Additionally, a fund balance of 25 percent is considered the minimum level necessary to maintain the City's credit worthiness.
7D

C IT Y H AL L
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
Based on the current policy, this reserve would represent $1.2 million. The General Fund currently has a fund balance of just over $4 million, which would represent a 78% reserve. That figure is probably one of the highest reserves among any city in the Nation.

The Policy recommended is to instead have the following:
• 25% General Reserve: Equal to 3 months of the general fund operating expenditures. Based on the current budget, this would be $1,275,000.
• 10% Economic Stability Reserve: Based on the current budget, this would be $510,000.

The budget process would incorporate the thresholds adopted and should there be a need to dip into those reserves, they will only be to address ONE TIME uses and the City will focus on rebuilding that reserve through service reductions or revenue growth.

This change will allow the City to focus on multi-year investments with the overage that is currently in the treasury. Considerations will be discussed on planned for as part of the 2023/24 budget. In no way should the funds be used to expand staffing or increase operational costs, unless the investment would lead to another funding source or future reduction in operational costs “spend to save”.

FINANCIAL IMPACT
Staff are not recommending any sizeable reductions in the current General Fund Unassigned balance.

Using the approximate $2 million will be contemplated in the 2023/24 budget following the adopted Strategic Plan which will focus on the Council directive of Year one/ Tier 1-3 Objectives and Principles.

ATTACHMENTS
300.011 General Fund Reserve Policy
Resolution 23-31 General Fund Reserve Policy
Agency Name: City of Angels
Name of Monitoring Department: Finance
Policy/Procedure Title: General Fund Reserve Policy
Policy Number: 300.011
POLICY – Formal policy on the level of unrestricted fund balance that should be maintained in the general fund for GAAP and budgetary purposes.

PURPOSE – Establishes the level, use and replenishment, and unrestricted fund balance above this formal policy requirement.

DATE – TBD
APPROVING AUTHORITY – City Council
REVISION – N/A
PROCEDURE –
What is the General Fund?
The General Fund accounts for all resources except for those where a separate fund is necessary for legal or administrative purposes. The primary sources of income include sales tax, property tax, utility users’ tax, franchise fees, building, engineering, planning, fees and transient occupancy tax.

The primary uses are police and fire, community development (planning, housing, and building), public works (engineering, parks, streets, and landscape), recreation and administration.

What is a General Fund Reserve?
The general fund reserve, or fund balance of the general fund, is a measure of the financial resources available. It is like the savings account for the general fund. It has been built up over the years as a result of revenues exceeding expenditures ($ in was greater than $ out), primarily due to one-time savings. The reserve helps the City mitigate risks and provide a back-up for revenue shortfalls. The policy helps the City continue to provide the existing level of services to residents. In addition, the policy demonstrates continued prudent fiscal management and creditworthiness, to allow the City to maintain a sustainable financial structure.

The general fund reserve is intended to help the City when revenues temporarily fall short of expenditures. This can be in response to the challenges of a changing economic environment, or during cyclical deficits when annual expenditures temporarily exceed revenues. The general fund reserve is maintained to cover unanticipated costs or fund one –time unbudgeted necessary costs (such as equipment/fleet failures or uninsured losses).

In more extreme cases, the General Fund is established as a safety net in the event of a disaster requiring immediate response from the City. A major earthquake, flood or terrorist attack could require cash to be on-hand to immediately respond prior to the receipt of state or federal assistance. A catastrophic event could quickly exhaust the reserve and require a service level reduction (i.e. less money for parks, streets, recreation, etc.)
City of Angels’ General Fund Policy
The City Council has approved Financial Management Policies as part of the budget each year.

This included a 25 percent fund balance equivalent to three-months of operating expenditures. City Council adopted a new general fund reserve policy, consisting of an unrestricted minimum general fund reserve of 20% of annual general fund expenditures and an Economic Stability Reserve of 10% of annual general fund expenditures:

Type Description Minimum
Unrestricted Minimum Unbudgeted costs or revenue
shortfall
20% of G.F. expenditures
Economic Stability Specific triggers in severe
economic downturn
10% of G.F. expenditures
The Economic Stability Reserve would only be used in extraordinary circumstances, upon satisfaction of one of the following “economic triggers” and with the majority vote of the City Council:
• State take-away of significant revenue
• Large drop in property taxes
• Major business closures (sales tax)
• Dramatic drop in development from projections
• Large, unexpected drop in sales taxes or other primary revenues due to severe recession • The economic triggers cause the General Fund reserve to fall below a predetermined percentage of expenditures (e.g. 20%)
In the event the Economic Stability Reserve is used, the City is obligated to replenish the reserve by the end of the next biennial budget to 10% of the general fund expenditures for the given year.

One-Time Use
The funds in the general fund reserve have a one-time use. This means than any use would reduce the reserve and funding would have to be rebuilt over time. No source of income exists to refund the reserve. Rebuilding the reserve could mean service reductions to “make ends meet” because “rebuilding or replenishing” the reserve means diversion of annual operating monies to the general fund reserve instead of funding services, projects or programs.

Credit Rating
Credit rating agencies monitor levels of fund balance and unrestricted fund balance in a government’s general fund to evaluate a government’s continued creditworthiness. Rating agencies consider the government’s fund balance policy, history of use of fund balance, and policy and practice of replenishment of fund balance when assigning ratings. Credit rating agencies favor increased levels of fund balance.

The City has no outstanding indebtedness for its public facilities. However, credit rating agencies review the general fund to determine whether it would be able to support the debt service on debt issuance.

Best Practices for General Fund Reserves
The Government Finance Officers Association (GFOA) has published best practices for determining the appropriate level of unrestricted fund balance in the general fund and for replenishing the general fund balance. The GFOA states that it is “essential that governments maintain adequate levels of fund balance to mitigate current and future risks (e.g. revenue shortfalls and unanticipated expenditures) and to ensure stable tax rates.” The GFOA recommends that governments establish a formal policy on the level of unrestricted fund balance that should be maintained in the general fund. The guidelines should be set by the policy body and should provide a framework and specific plans to achieve the required fund balance.

Cities should consider specifying the purposes for various portions of the fund balance (i.e. working capital, budget stabilization and funding for the response to emergencies). The amount of the general fund reserve should be based on a government’s own specific circumstances, but no less than two months of regular general fund operating revenues or regular general fund operating expenditures.

Some governments may require a level of unrestricted fund balance in the general fund significantly in excess of this recommended minimum level. In establishing a policy governing the level of the reserve, a government should consider the following factors:
• Predictability of revenues and volatility of expenditures (less predictability and more volatility necessitate higher reserve levels)
• Perceived exposure to significant one-time outlays (disasters, immediate capital needs and state budget cuts)
• Potential drain upon general fund resources from other funds or availability of resources in other funds (deficits in other funds may require a higher level of unrestricted general fund balance)
• Liquidity (having cash available to cover liabilities) • Commitments and assignments
The GFOA recommends that if a fund balance falls below a government’s policy level, it have a solid plan to replenish fund balance levels. As mentioned above, credit rating agencies consider how an agency plans to replenish its reserve when necessary. A well- developed policy may therefore reduce the cost of borrowing. Due to competing financial needs, rebuilding a general fund reserve can be challenging.

The GFOA recommends that a general fund policy specifically describe the parts of a general fund reserve and how resources will be directed to fund balance replenishment. A policy may define that the revenue sources for replenishment might include non- recurring revenues, budget surpluses and excess resources in other funds. The GFOA notes that year-end surpluses are an especially appropriate source for replenishing fund balance. The replenishment policy should state the intent of replenishing fund balances as soon as economic conditions allow. The policy should also:

1. Define the time period for which the fund balance will be used as a “bridge” to ensure stable cash flow and provide service continuity

2. Describe how the government’s expenditure levels will be adjusted to match any new economic realities that are behind the use of fund balance as a financing bridge

3. Describe the time period over which the reserve will be replenished and the means by which it will be replenished
A time period of one to three years is generally recommended by the GFOA, however there are other factors to be considered. This includes special conditions that require a City to have more than the GFOA recommended minimum level that would justify quicker replenishment. Extreme events, such as a natural disaster may justify a longer replenishment period. A replenishment plan should take into consideration credit rating agency expectations. A plan should establish a benchmark (e.g., after fund balances have dropped to a certain point below desired target levels) for when use of fund balance is no longer acceptable, and milestones for the gradual replenishment of the reserve.

CITY OF ANGELS

CITY COUNCIL
RESOLUTION No. 23-31

A RESOLUTION OF THE CITY OF ANGELS CITY COUNCIL ADOPTING THE GENERAL

FUND RESERVE POLICY
WHEREAS, GFOA has best practices for General Fund Reserves; and WHEREAS, General Fund Reserves help establish positive credit ratings for the City; and WHEREAS, Reserves help stabilize the City’s sources of funding in downturned economic times; and WHEREAS, the City Council approved the Strategic Plan which includes adopting best practice policies related to financial operations; and
WHEREAS, over allocating to reserves can have a negative impact to service levels; and NOW, THEREFORE, BE IT RESOLVED, that the City of Angels City Council does hereby approve 300.011 General Fund Reserve Policy.

PASSED AND ADOPTED this 7
th day of March 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Jennifer Herndon Mayor
_______________________
Rose Beristianos,
City Clerk

H O M E O F T H E J U M P I N G F R O G

Angels Camp City CouncilMarch 7, 2023

Angels Camp City Council
March 7, 2023