In addition, Article XIIID and the Implementation Act require that a parcel’s assessment may not exceed the reasonable cost for the proportional special benefit conferred to that parcel. Article XIIID and the Implementation Act further provides that only special benefits are assessable and the City must separate the general benefits from the special benefits. They also require that publicly owned properties which specifically benefit from the improvements be assessed.
B. Special Benefit Analysis
All properties within the District benefit equally from the enhanced safety provided by Highway Safety Lights as roadways and major intersections are illuminated. This lighting assists drivers traveling to or from a property in seeing traffic controls (stop signs, yield signs), in reading street name signs, and identifying pedestrians that may be attempting to cross the street after dark. These features also assist emergency service providers (police, fire, etc.) to respond and locate properties within the District.
In addition to the Highway Safety Light special benefit, individual parcels may receive special benefit from the presence of a Street Light on or near the parcel which enhances safety/security in the area.
For a parcel to receive this safety/security benefit from street lighting, fifty percent or more of the property’s frontage must be illuminated (based on the road width and spacing of the lights found in the County of Sacramento Improvement Standards). The Street Lighting service charge is apportioned only to those parcels that benefit directly from street lighting. A distinction is made between residential benefit parcels and non-residential benefit parcels based on the zoning of the parcel. This results in a flat rate service charge on each residential benefit parcel and a service charge per front foot on each non-residential benefit parcel.
The formula used for calculating the District assessment reflects the composition of the parcels, the improvements and the services provided, and fairly proportions the costs based on special benefit to each parcel. Only parcels receiving benefit from Street Lights and Highway Safety Lights will be assessed.
General Benefits
There are no general benefits related to Highway Safety Lights or Street Lights.
C. Assessment Methodology
When the original CSA-1 was established the assessment methodology was as follows:
Highway Safety Lighting – All proper ties are considered to benefit equally from Safety Lighting, as defined above in Special Benefit Anal ysis. As such, all parcels within CSA-1 were levied a flat rate calculated by the following formula:
Safety Light Maintenance Cost/Total Parcels = Levy per parcel
Street Lighting – Only properties that benefit from a street light are levied this assessment. Service charges for parcels that benefit from both safety and street lights are classified as residential parcels or non-residential parcels with separate services charges as follows:
Residential Parcels (Zoned RD1, RD2, RD3, RD4, RD5, RD7): The service charge for a residential parcel was levied utilizing the following formula:
Agenda Packet Page 151
Citrus Heights Lighting District July 14, 2022
FY 2022/2023 Engineer’s Report Page 7
Street Light Maintenance Cost * % of Residential lights / Residential Parcels = Levy per residential parcel
Non-Residential Parcels (all other zoning): The service charge for a residential parcel was levied utilizing the following formula:
Street Light Maintenance Cost * % of Non-Residential lights / Non- Residential Front Footage of Parcels = Levy per linear feet of non-residential front footage Levy per linear feet of non-residential front footage * Non-Residential Parcel Front Footage = Levy per Parcel
The passage of Proposition 218 in 1996 mandated that assessment increases must be approved by a two-thirds vote of the assessed property owners. As a result, the assessment rates for the Sacramento County’s CSA-1 were essentially frozen at the levels in effect at that time. These same rates remained in place and were carried over in 2006 upon creation of the Citrus Heights Lighting District, and have not increased since then. The current assessment methodology is therefore:
Highway Safety Lighting – All properties are considered to benefit equally from Safety Lighting, as defined above in Special Benefit Analysis. The service charge per parcel is equal to $2.56 per year.
Street Lighting – Only properties that benefit from a street light are levied this assessment. Service charges for parcels that benefit from both safety and street lights are classified as residential parcels or non-residential parcels with separate services charges as follows:
Residential Parcels (Zoned RD1, RD2, RD3, RD4, RD5, RD7): The service charge for a residential parcel is equal to $15.32 per year.
Non-Residential Parcels (all other zoning): The service charge for a non-residential parcel is equal to $0.2519 per linear foot length of the parcel’s public street frontage.
Exempt – Exempt from the assessment would be the areas of public streets and other roadways (typically not assigned an APN by the County), dedicated public easements, open space areas and rights of ways including public greenbelts and parkways. Also exempt from assessment would be utility rights of ways, common areas (such as in condominium complexes), landlocked parcels, small parcels vacated by City/County, bifurcated lots, and any other property that cannot be developed.
These types of parcels have little or no value and therefore do not benefit from the improvements.
Land use classification for each parcel is based on the Sacramento County Assessor’s Roll. Zoning classification for each parcel is based on the City of Citrus Heights Zoning Map.
D. Rates
The Fiscal Year 2022/2023 assessment rates for the District are proposed to remain the same as Fiscal Year 2021/2022. The following shows the assessments proposed to be levied:
Street Lighting
Residential (Zoned RD1, RD2, RD 3, RD4, RD5, RD7) $15.32 per parcel Non-Residential (all other z ones) $0.2519 per front foot
Agenda Packet Page 152
Citrus Heights Lighting District July 14, 2022
FY 2022/2023 Engineer’s Report Page 8
Highway Safety Lighting
All parcels (except ‘Exe mpt’) $2.56 per parcel
Section V: Assessment Roll
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Sacramento County Assessor’s map for the year in which this Report is prepared.
Non-assessable lots or parcels include all developed non-residential parcels, vacant parcels, government-owned and public utility-owned parcels, land principally encumbered with public rights of way and other tax exempt parcels such as common areas or open space for which the County does not generate a tax bill. These parcels will not be assessed for the District improvements.
A listing of parcels assessed within this District, along with the proposed assessment amounts, is on file with the City Clerk, and by reference is made part of this Report. Said listing of parcels to be assessed shall be submitted to the County Auditor/Controller and included on the property tax roll for each parcel in FY 2022/2023. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel(s) shall be based on the method of apportionment and the assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.
Section VI: Assessment Diagram
The boundaries of the District are coterminous with the boundaries of the City of Citrus Heights (see Figure 1.1).
Agenda Packet Page 153
Citrus Heights Lighting District July 14, 2022
FY 2022/2023 Engineer’s Report Page 9
FIGURE 1.1
Lighting District Boundary
Agenda Packet Page 154
Citrus Heights Lighting District July 14, 2022
FY 2022/2023 Engineer’s Report Page 10
TABLE 1.1
Citrus Heights Lighting District
Budget Analysis
DESCRIPTION FY 20/21
ACTUAL
FY 21/22
ACTUAL
FY 22/23
PROPOSED
BUDGET
SOURCES OF FUNDS:
Interest on Fund Balance $0.00 $0.00 $0.00
Special Assessments $346,055.92 $332,131.30 $350,000.00 Shared Maintenance Cost Reimbursement (1) $249.58 $122.60 $125.00 Total Sources of Funds: $346,305.50 $332,253.90 $350,125.00
USES OF FUNDS:
Advertising $610.00 $1,036.84 $1,100.00
Utilities (2) $274,844.86 $252,307.42 $260,000.00
CEC Loan Repayment (3) $0.00 $0.00 $23,155.72
Professional Services $18,912.58 $7,742.35 $15,000.00
Contract Maintenance (Scheduled) $94,548.29 $92,045.40 $95,000.00 Membership Dues $2,911.19 $3,146.86 $3,500.00
Contract Maintenance (Unscheduled) (4) $39,724.48 $39,564.76 $45,000.00 Cost Allocations $11,887.00 $12,244.00 $12,600.00
Total Uses of Funds: $443,438.40 $408,087.63 $455,355.72
FUND BALANCE:
Beginning Fund Balance (July 1st) $0.00 $0.00 $0.00
Add Sources of Funds $346,305.50 $332,253.90 $350,125.00 Subtract Uses of Funds $443,438.40 $408,087.63 $455,355.72
Fund Shortfall: ($97,132.90) ($75,833.73) ($105,230.72)
OTHER FUNDING SOURCES
Measure A Maintenance Funds (Fund 210) to
cover District shortfall $97,132.90 $75,833.73 $99,955.72
Ending Fund Balance (June 30th) $0.00 $0.00 $0.00
(1) The costs for four streets lights located on Antelope Road, near the I-80 Ramps, are shared with Caltrans (Caltrans reimburses the City for 50% of associated costs). (2) Includes SMUD maintenance costs – Certain street lights are mounted on SMUD-owned power poles.
The District reimburses SMUD for the operation and maintenance of these lights. (3) The city received a low interest (1%) Energy Efficiency Loan from the California Energy Commission (CEC) to cover the capital costs to convert approximately 593 street lights to energy efficient models.
Actual energy cost savings will be used to repay the loan. (4) Contract Maintenance (unscheduled) work includes knock-downs, repairs & materials for aging infrastructure, etc.)
Agenda Packet Page 155
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CITY OF CITRUS HEIGHTS
CITY COUNCIL STAFF REPORT
MEMORANDUM
DATE: July 14, 2022
TO: Mayor and City Council Members
Ashley J. Feeney, City Manager
FRO
M: Regina Cave, General Services Director
Leslie Blomquist, City Engineer
SU
BJECT: Old Auburn Road Complete Streets Project (Phase 1) Award of Professional Engineering Services Agreement – City PN 15-21-008 Summary and Recommendation
On February 1, 2022, staff issued a Request for Proposals (RFP) seeking qualified firms to provide preliminary engineering, environmental documentation, right-of-way, and final design services for the Old Auburn Road Complete Streets Project - Phase 1 (Project). A total of two proposals were received on March 3, 2022.
Th
e City’s selection team utilized a process consistent with standard industry practice governing consultant selection. A two-part process was utilized in which a selection panel independently reviewed and ranked each proposal in accordance with rating criteria set forth in the RFP. After the initial review, the selected panel interviewed each firm and weighed the pros and cons of the top ranking consultant team.
Thr
ough this evaluation process, GHD, Inc. (GHD) was determined to be the most qualified consultant to provide the desired services for the Project. Staff opened the budget proposal and completed negotiations to agree upon the final scope of work and budget.
St
aff recommends the City Council approve Resolution No. 2022-___, a Resolution of the City Council of the City of Citrus Heights, California, authorizing the City Manager to execute a professional services agreement with GHD, Inc. to provide professional engineering services for the Old Auburn Road Complete Streets Project - Phase 1.
Fiscal Impact
Appr
oval of this agreement represents no additional fiscal impact to the approved Fiscal Years (FY’s) 21/22 and 22/23 budget. Funding for engineering design, environmental documentation, and right-of- way services is included in the adopted Capital Improvement Program (CIP).
Item 10
Agenda Packet Page 156
Subject: Old Auburn Road Complete Streets Project (Phase 1) – Award of Professional Services Date: July 14, 2022
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The contract with GHD is for an amount not to exceed $1,956,371.91 and will be paid for spanning several Fiscal Years, as outlined in the adopted CIP, from the budgeted sources as follows:
Source Fund Fund No. Total Funding
Amount
Active Transportation Program Grant - $1,702,602.42
Measure A Traffic Safety 310 $253,769.49
Totals $1,956,371.91
Background and Analysis
On March 26, 2020, City Council adopted the Old Auburn Road Complete Streets Plan which identifies a preferred concept for the entire Old Auburn corridor between Sylvan Road/Auburn Blvd. and Garry Oak Drive. Due to the length of the corridor, the Plan has been phased for implementation, with Phase 1 spanning between Tiara Way and Garry Oak Drive. A copy of the adopted Plan, including a concept level design and estimates, is available for viewing on the city’s website at http://www.citrusheights.net/DocumentCenter/View/14152/Old-Auburn-Road-Complete-Street-Plan .
In December 2020, the city submitted an Active Transportation Program (ATP) grant application to the Sacramento Area Council of Governments (SACOG) for Phase 1 of the Plan implementation, which was favorably reviewed resulting in $2,115,000 in grant funding to complete design, environmental clearance, and right of way phases of the Project. Subsequently, on January 20, 2022, the city received Caltrans authorization to proceed with Preliminary Engineering (PE).
The City issued an RFP in February 2022, and received two proposals on March 3, 2022. The City used a qualifications based selection process consistent with Caltrans Local Assistance Procedures Manual, Chapter 10, which governs consultant selection. Interviews of the consultant teams were conducted on March 17, 2022. Proposals and interviews were evaluated based on the criteria specified in the RFP. As a result of the process, staff found GHD to be the most qualified consultant. They provided an in-depth and detailed proposal, introduced a highly qualified team and demonstrated a clear understanding of the work involved in the design and public outreach of the grant funded project.
Staff and the top ranked consultant have fine-tuned the scope and cost for work associated with the PE phase of the project to ensure that the services provided meet the City’s needs and that the work will be done cost effectively.
While the recommended GHD contract is for all consultant services to be performed as part of the Project, Caltrans has only authorized PE funds for expenditure at this time. Staff will not authorize the consultant to begin reimbursable work on future phases until additional Caltrans approvals are obtained.
The scope of the Project includes installation of separated class IV bicycle facilities, sidewalk, enhanced pedestrian crossings, roadway and pedestrian scale lighting, storm drain upgrades, and traffic signal communication system. The Project will also remove one westbound travel lane (i.e., road diet) Agenda Packet Page 157
Subject: Old Auburn Road Complete Streets Project (Phase 1) – Award of Professional Services Date: July 14, 2022
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to create room for the bicycle and pedestrian facilities. The city will continue to seek funding for construction to implement these improvements.
This item aligns with the City Council’s three-year strategic planning goal to “maintain public infrastructure and enhance alternative modes of transportation”.
Attachments
1. Resolution 2022-____ a Resolution of the City Council of the City of Citrus Heights, California, authorizing the City Manager to execute a professional services agreement with GHD, Inc. to provide professional engineering services for the Old Auburn Road Complete Streets Project - Phase 1.
2. Professional Services Agreement between the City of Citrus Heights and GHD, Inc. for the Project.
Agenda Packet Page 158
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RESOLUTION NO. 2022-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CITRUS HEIGHTS, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH GHD, INC. TO PROVIDE
PROFESSIONAL ENGINEERING SERVICES FOR THE
OLD AUBURN ROAD COMPLETE STREETS PROJECT (PHASE 1)
WHEREAS, on March 26, 2020 the Citrus Heights City Council adopted the Old Auburn Road Complete Streets Plan;
WHEREAS, in December 2020 the city submitted a successful Sacramento Area Council of Governments (SACOG) Active Transportation Program (ATP) funding request to design the first phase of the Old Auburn Road Complete Streets Project (Project);
WHEREAS, Caltrans has authorized the city to proceed with the preliminary engineering and environmental documentation phase of the project;
WHEREAS, the city circulated a request for proposals in accordance with Caltrans federal procedures for selection of the most qualified consultant, and GHD, Inc. was found the most qualified to provide the required services;
WHEREAS, the city now desires to enter into a Professional Services Agreement with GHD in an amount not to exceed $1,956,371.91; and
WHEREAS, the proposed professional services will be paid for with SACOG ATP grant funds, and Measure A Traffic Safety funds (Fund 310).
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Citrus Heights, the City Manager is hereby authorized to execute a contract with GHD, Inc. to provide professional engineering services for the Project, in a form approved by the City Attorney.
The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED by the City Council of the City of Citrus Heights, California, this 14th day of July, 2022 by the following vote, to wit:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
Porsche Middleton, Mayor
ATTEST:
Amy Van, City Clerk
Agenda Packet Page 159
Local Assistance Procedures Manual EXHBIT 10-R
Old Auburn Road Complete Streets Project - Phase 1
Caltrans January 2022
Citrus Heights July 2022
Exhibit 10-R
Consulting Services Agreement between the
City of Citrus Heights and GHD, Inc.
PROFESSIONAL DESIGN AND ENVIRONMENTAL SERVICES FOR OLD AUBURN ROAD COMPLETE STREETS PROJECT – PHASE 1
TABLE OF CONTENTS
Page
ARTICLE I INTRODUCTION .................................................................................................................... 3 ARTICLE II CONSULTANT’S REPORTS OR MEETINGS ...................................................................... 4 ARTICLE III STATEMENT OF WORK ..................................................................................................... 5 ARTICLE IV PERFORMANCE PERIOD .................................................................................................. 6 ARTICLE V ALLOWABLE COSTS AND PAYMENTS ............................................................................ 6 ARTICLE VI TERMINATION .................................................................................................................. 11 ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS ................................... 11 ARTICLE VIII RETENTION OF RECORD/AUDITS ............................................................................... 12 ARTICLE IX AUDIT REVIEW PROCEDURES ....................................................................................... 12 ARTICLE X SUBCONTRACTING .......................................................................................................... 14 ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES ............................. 15 ARTICLE XII STATE PREVAILING WAGE RATES .............................................................................. 16 ARTICLE XIII CONFLICT OF INTEREST .............................................................................................. 19 ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION ........................ 20
ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING .................................................................................................................................... 20 ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE ................... 21 ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION ................................................... 22 ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION .................. 22 ARTICLE XIX INSURANCE ................................................................................................................... 26 ARTICLE XX FUNDING REQUIREMENTS ........................................................................................... 27 ARTICLE XXI CHANGE IN TERMS ....................................................................................................... 27 ARTICLE XXII CONTINGENT FEE ........................................................................................................ 27 ARTICLE XXIII DISPUTES ..................................................................................................................... 28 ARTICLE XXIV INSPECTION OF WORK .............................................................................................. 28 ARTICLE XXV SAFETY ......................................................................................................................... 28 ARTICLE XXVI OWNERSHIP OF DATA ............................................................................................... 29 ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR ............. 29 ARTICLE XXVIII CONFIDENTIALITY OF DATA ................................................................................... 30 Agenda Packet Page 160
Local Assistance Procedures Manual EXHBIT 10-R
Old Auburn Road Complete Streets Project - Phase 1
Caltrans January 2022
Citrus Heights July 2022
ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION ..................................... 30 ARTICLE XXX EVALUATION OF CONSULTANT ................................................................................ 31 ARTICLE XXXI PROMPT PAYMENT FROM THE LOCAL AGENCY TO CONSULTANT ................... 31 ARTICLE XXXII TITLE VI ASSURANCES ............................................................................................. 31 ARTICLE XXXIII NOTIFICATION ........................................................................................................... 36 ARTICLE XXXIV CONTRACT ................................................................................................................ 36 ARTICLE XXXV SIGNATURES ............................................................................................................. 36
Agenda Packet Page 161
Local Assistance Procedures Manual EXHBIT 10-R
Old Auburn Road Complete Streets Project - Phase 1
Caltrans January 2022
Citrus Heights July 2022
ARTICLE I INTRODUCTION
A. This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY:
The name of the “CONSULTANT” is as follows:
GHD, Inc.
Incorporated in the State of California
The Project Manager for the “CONSULTANT” will be Daniel Kehrer The name of the “LOCAL AGENCY” is as
follows: City of Citrus Heights
The Contract Administrator for LOCAL AGENCY will be Leslie Blomquist, City Engineer
B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated April 5, 2022. The approved CONSULTANT’s Cost Proposal is attached hereto (Attachment No 1) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.
C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless LOCAL AGENCY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of LOCAL AGENCY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.
D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of City.
E. LOCAL AGENCY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W- 2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel.
CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the LOCAL AGENCY as to the designation of tasks to be performed and the results to be accomplished.
F. Any third party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds LOCAL AGENCY harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.
G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are Agenda Packet Page 162
Local Assistance Procedures Manual EXHBIT 10-R
Old Auburn Road Complete Streets Project - Phase 1
Caltrans January 2022
Citrus Heights July 2022
not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the LOCAL AGENCY. However, claims for money due or which become due to CONSULTANT from City under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the LOCAL AGENCY.
H. CONSULTANT shall be as fully responsible to the LOCAL AGENCY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.
I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.
J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.
ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month to the attention of the Project Manager. The report should be sufficiently detailed for the LOCAL AGENCY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.
B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.
ARTICLE III STATEMENT OF WORK
A. CONSULTANT Services
Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide to CITY the services described in the Scope of Work attached as Attachment No. 2, and incorporated herein, at the time and place and in the manner specified therein.
CONSULTANT shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged. CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, requests in writing the reassignment of any such persons to ensure CONSULTANT performs services in accordance with the Standard of Performance, CONSULTANT shall, immediately upon receiving CITY’s request, reassign such persons.
ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on July 14, 2022, contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on June 28, 2025, unless extended by AGREEMENT amendment.
B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY.
Agenda Packet Page 163
Local Assistance Procedures Manual EXHBIT 10-R
Old Auburn Road Complete Streets Project - Phase 1
Caltrans January 2022
Citrus Heights July 2022
ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY’s approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.
B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.
C. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of $147,601.77. The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.
D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.
E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.
F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT.
G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.
H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by LOCAL AGENCY’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
Agenda Packet Page 164
Local Assistance Procedures Manual EXHBIT 10-R
Old Auburn Road Complete Streets Project - Phase 1
Caltrans January 2022
Citrus Heights July 2022
Agency: City of Citrus Heights
Contract Admin: Leslie Blomquist, City Engineer
6360 Fountain Square Drive, Citrus Heights, CA 95621
I. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $1,956,371.91.
J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.
ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.
C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.
D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS
A. The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.
B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.
D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.
ARTICLE VIII RETENTION OF RECORD/AUDITS
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For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.
ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.
B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.
C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.
D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, LOCAL AGENCY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.
E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.
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1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI.
Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate.
b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.
c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.
2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.
3. If the CONSULTANT fails to comply with the prov isions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.
4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL AGENCY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.
ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Agenda Packet Page 167
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Subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT.
B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the LOCAL AGENCY Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.
C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.
D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY.
E. Any substitution of Subconsultants must be approved in writing by the LOCAL AGENCY Contract Administrator in advance of assigning work to a substitute Subconsultant.
F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.
G. Prompt Payment of Withheld Funds to Subconsultants
No retainage will be held by the LOCAL AGENCY from progress payments due to CONSULTANT. CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.
Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subcontract performance, or noncompliance by a subconsultant.
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ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by LOCAL AGENCY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.
B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by LOCAL AGENCY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.
C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:
1. CONSULTANT shall maintain an inv entory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY.
2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.
ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.
B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance).
These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve LOCAL AGENCY projects.
Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.
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C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.
D. Payroll Records
1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct.
b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.
2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request.
b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.
3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.
4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.
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under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.
6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by LOCAL AGENCY from payments then due.
CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.
E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.
F. Penalty
1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.
2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.
3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.
4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815.
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b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project.
d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.
5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.
6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.
G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the LOCAL AGENCY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.
H. Employment of Apprentices
1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.
2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements.
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Penalties are specified in Labor Code §1777.7.
ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project which will follow.
B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.
C. The CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.
D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist.
An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.
ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION
The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee.
For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR
LOBBYING
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:
1. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and Agenda Packet Page 173
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submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.
C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.
ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.
B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.
D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.
E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.
G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in Agenda Packet Page 174
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accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally- assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.
I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the LOCAL AGENCY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:
1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;
3. Does not have a proposed debarment pending; and
4. Has not been indicted, convicted, or had a ci vil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.
B. Any exceptions to this certification must be disclosed to LOCAL AGENCY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.
C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.
ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. CONSULTANT, subrecipient (LOCAL AGENCY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, The LOCAL AGENCY shows a contract goal for DBEs. CONSULTANT shall make work available to DBEs and select work Agenda Packet Page 175
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parts consistent with available DBE subconsultants and suppliers.
CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal. It is CONSULTANT’s responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes or work code applicable to he type of work the firm will perform on the contract. Additionally, the CONSULTANT is responsible to document the verification record by printing out the CUCP data for each DBE firm.
A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbe- search.
All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
100 percent counts if the materials or supplies are obtained from a DBE manufacturer. 60 percent counts if the materials or supplies are purchased from a DBE regular dealer. Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49CFR26.55 defines "manufacturer" and "regular dealer."
This AGREEMENT is subject to 49 CFR Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”.
CONSULTANTs who enter into a federally-funded agreement will assist the LOCAL AGENCY in a good faith effort to achieve California's statewide overall DBE goal.
B. The goal for DBE participation for this AGREEMENT is 23%. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10- O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.
C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information – Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.
D. Contract Assurance
Under 49 CFR 26.13(b):
CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.
Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
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(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying CONSULTANT from future proposing as non-responsible E. Termination and Substitution of DBE Subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the LOCAL AGENCY’s written consent. CONSULTANT shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the LOCAL AGENCY. Unless the LOCAL AGENCY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form, included in the Bid.
The LOCAL AGENCY authorizes a request to use other forces or sources of materials if CONSULTANT shows any of the following justifications:
1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.
2. The LOCAL AGENCY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the LOCAL AGENCY’s bond requirements.
3. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.
4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).
5. Listed DBE's work is unsatisfactory and not in compliance with the contract.
6. Listed DBE is ineligible to work on the project because of suspension or debarment.
7. Listed DBE becomes bankrupt or insolvent.
8. Listed DBE voluntarily withdraws with written notice from the Contract
9. Listed DBE is ineligible to receive credit for the type of work required.
10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.
11. The LOCAL AGENCY determines other documented good cause.
CONSULTANT shall notify the original DBE of the intent to use other forces or material sources and provide the reasons and provide the DBE with 5 days to respond to the notice and advise CONSULTANT and the LOCAL AGENCY of the reasons why the use of other forces or sources of materials should not occur.
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CONSULTANT’s request to use other forces or material sources must include:
1. One or more of the reasons listed in the preceding paragraph.
2. Notices from CONSULTANT to the DBE regarding the request.
3. Notices from the DBEs to CONSULTANT regarding the request.
If a listed DBE is terminated or substituted, CONSULTANT must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal.
F. Commitment and Utilization
The LOCAL AGENCY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.
The LOCAL AGENCY shall request CONSULTANT to:
1. Notify the LOCAL AGENCY’s contract administrator or designated representative of any changes to its anticipated DBE participation
2. Provide this notification before starting the affected work
3. Maintain records including:
Name and business address of each 1st-tier subconsultant Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
Date of payment and total amount paid to each business (see Exhibit 9-F Monthly Disadvantaged Business Enterprise Payment)
If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.
If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit the notifications to the LOCAL AGENCY. On work completion, CONSULTANT shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17- O, form and submit the form to the LOCAL AGENCY within 30 days of contract acceptance.
Upon work completion, CONSULTANT shall complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the LOCAL AGENCY within 90 days of contract acceptance. The LOCAL AGENCY will withhold $10,000 until the form is submitted. The LOCAL AGENCY will release the withhold upon submission of the completed form.
In the LOCAL AGENCY’s reports of DBE participation to Caltrans, the LOCAL AGENCY must display both commitments and attainments.
G. A DBE is only eligible to be counted toward the AGREEMENT goal if it performs a commercially Agenda Packet Page 178
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useful function (CUF) on the AGREEMENT. CUF must be evaluated on an agreement by agreement basis. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the AGREEMENT is commensurate with the work it is actually performing, and other relevant factors.
H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.
I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.
J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier.
The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.
K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY’s Contract Administrator within thirty (30) calendar days.
L. After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant shall complete and email the Exhibit 9- F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to the Agency.
M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.
ARTICLE XIX INSURANCE
A. Before beginning any services under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance specified herein and maintain that insurance throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant’s bid or proposal. Consultant shall be fully responsible for the acts and omissions of its subcontractors or other agents.
1. Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant in the amount required by applicable law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance Agenda Packet Page 179
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may be waived by the City upon written verification that Consultant is a sole proprietor and does not have any employees and will not have any employees during the term of this Agreement.
2. Commercial General and Automobile Liability Insurance. • General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence and $4,000,000 aggregate, combined single limit coverage for risks associated with the work contemplated by this Agreement.
• Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition) covering any auto (Code 1), or if Consultant has no owned autos, hired (code 8) and non-owned autos (Code 9). No endorsement shall be attached limiting the coverage.
• Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
• The Commercial General and Automobile Liability Insurance shall cover on an occurrence basis.
• City, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds for liability arising out of work or operations on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work or operations; or automobiles owned, leased, hired, or borrowed by the Consultant. Coverage can be provided in the form of an endorsement to the Consultant’s insurance at least as broad as CG 20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01.
• For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant’s insurance and non-contributing. • The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately. • Consultant agrees to give at least 30 days prior written notice to City before coverage is canceled or modified as to scope or amount.
3. Professional Liability Insurance.
• General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $2,000,000 per occurrence or claim covering the Consultant’s errors and omissions. • Claims-made limitations. The following provisions shall apply if the professional liability Agenda Packet Page 180
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coverage is written on a claims-made form:
• The retroactive date of the policy must be shown and must be before the date of the Agreement.
• Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work. • If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of five (5) years after completion of work under this Agreement. • A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.
4. All Policies Requirements.
• Submittal Requirements. Consultant shall submit the following to City prior to beginning services:
• Certificate of Liability Insurance in the amounts specified in this Agreement; and • Additional Insured Endorsement as required for the General Commercial and Automobile Liability Polices.
• Acceptability of Insurers. All insurance required by this Agreement is to be placed with insurers with a Bests' rating of no less than A:VII.
• Deductibles and Self-Insured Retentions. Insurance obtained by the Consultant shall have a self-insured retention or deductible of no more than $100,000. • Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
• Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. • The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents, and subcontractors.
• Subcontractors. Consultant 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, and Consultant shall ensure that City, its officers, officials, employees, agents, and volunteers are covered as additional insured on all coverages.
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maintained by the Consultant.
5. Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: 1) obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; 2) order Consultant to stop work under this Agreement and withhold any payment that becomes due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof; and/or 3) terminate this Agreement.
ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.
B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to LOCAL AGENCY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.
C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.
D. LOCAL AGENCY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.
ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.
B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY’s Contract Administrator.
C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by LOCAL AGENCY’s Contract Administrator.
ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AG REEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.
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ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.
Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.
ARTICLE XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.
ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives.
CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.
B. Pursuant to the authority contained in Vehicle Code §591, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.
ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever.
Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to City which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.
B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.
C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by City for another project or project location shall be at City’s sole risk.
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D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal- aid contracts).
E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.
ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.
B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.
C. Services of CONSULTANT’s personnel in connection with LOCAL AGENCY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.
ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.
B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.
C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or LOCAL AGENCY’s actions on the same, except to LOCAL AGENCY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.
D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission.
E. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than LOCAL AGENCY, Caltrans, and/or FHWA. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation Agenda Packet Page 184
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of this Contract, City has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.
ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION
In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately prec eding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.
ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A c opy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.
ARTICLE XXXI PROMPT PAYMENT FROM THE LOCAL AGENCY TO CONSULTANT
The LOCAL AGENCY shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSU LTANT on a professional service contract. If the LOCAL AGENCY fails to pay promptly, the LOCAL AGENCY shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the LOCAL AGENCY shall act in accordance with both of the following:
(1) Each payment request shall be reviewed by the LOCAL AGENCY as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request. (2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to CONSULTANT as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.
ARTICLE XXXII TITLE VI ASSURANCES
APPENDICES A - E of the TITLE VI ASSURANCES
The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a consultant to contain Appendices A and E of the Title VI Assurances. Include Appendices B, C, and D if appliable as shown below. In addition, the consultant must include the Title VI Assurances Appendices A and E, and if applicable Appendices B, C, and D in all subcontracts to perform work under the contract.
The clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a LOCAL AGENCY.
The clauses set forth in Appendix C and Appendix D of this Assurance shall be included as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the LOCAL AGENCY with other parties;
a. for the subsequent transfer of real property acquired or improved under the applicable activity, Agenda Packet Page 185
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project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.
APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives.
Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information.
e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
CONSULTANT shall take such action with respec t to any sub-agreement or procurement as the Agenda Packet Page 186
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Citrus Heights July 2022
recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.
APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:
NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation perta ining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility lo cated wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the e and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)
APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE
ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running Agenda Packet Page 187
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Citrus Heights July 2022
with the land”] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations(as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE
ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.
B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.
Agenda Packet Page 188
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Caltrans January 2022
Citrus Heights July 2022
APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSU LTANT”) agrees to comply with the following non- discrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), e age); Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
ARTICLE XXXIII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:
Agenda Packet Page 189
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Citrus Heights July 2022
CONSULTANT: GHD, Inc.
Daniel Kehrer, project Manager
943 Reserve Drive
Roseville, CA 95678
LOCAL AGENCY: CITY OF CITRUS HEIGHTS
Leslie Blomquist, Contract Administrator
6360 Fountain Square Drive
Citrus Heights, CA 95621
ARTICLE XXXIV CONTRACT
The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named LOCAL AGENCY, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below.
ARTICLE XXXV SIGNATURES
CITY OF CITRUS HEIGHTS GHD, INC.
Ashley J. Feeney (Name of Signer)
Date: Date:
Agenda Packet Page 190
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant
Project No. Contract No. ATPL-5475 (047) 4/8/2022
$80.00 $120.00 $ $
$45.00 $80.00 $ $
$30.00 $60.00 $ $
$50.00 $80.00 $ $
$30.00 $60.00 $ $
$50.00 $80.00 $ $
$50.00 $80.00 $ $
$25.00 $50.00 $ $
$50.00 $80.00 $ $
$50.00 $80.00 $ $
$25.00 $50.00 $ $
$50.00 $80.00 $ $
$25.00 $50.00 $ $
$50.00 $80.00 $ $
$25.00 $50.00 $ $
$15.00 $25.00 $ $
LABOR COSTS
$430,894.25
b) Anticipated Salary Increases (see page 2 for calculation) $4,308.94 $140,701.19
$654,110.40
$0.00
FIXED FEE ]
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Unit Cost
$0.57
$1,600.00
$10,000.00
$0.57
$75,000.00
$20,000.00
m) SUBCONSULTANT'S COSTS (Add additional pages if necessary) Subconsultant 1:
Subconsultant 2:
Subconsultant 3:
Subconsultant 4:
Subconsultant 5:
Subconsultant 6:
m
) TOTAL SUBCONSULTANTS' COSTS
n) TOTAL OTHER DIRECT COSTS I NCLUDING SUBCONSULTANTS [(l)+(m)] TOTAL COST [(c)+(j)+(k)+(n)]
NOTES:
1. Ke y personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks
January 2020
9,224.96
Traffic Engineer GHD 112 37.27 4,174.24
Snr. Environmental GHD 220 56.68 12,469.60
Snr. Traffic Engineer GHD 128 72.07
Engineer D-F GHD 48 74.52
GHD 100 33.15 3,315.00
Engineer A-C GHD 1394 46.83 65,281.02
45,019.44
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an a nnual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.
Monument (R/W Agent)
Y & C Transportation (Electrical)
h) General and Administrative (Rate: %)
1 LS
LS
Miles
LS
i) Gen & Admin [(c) x (h)]
Description of Item
(PA&ED) Mileage Costs
Quantity
300
300
Unit
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)]
$10,000.00
Total
$169.50
$147,601.77
$471,816.35
c) TOTAL DIRECT LABOR COSTS [(a) + (b)]
3,576.96
3. Anticipated salary increases calculation (page 2) must accompany.
Average Range of Rates
l) TOTAL OTHER DIRECT COSTS $106,939.00
$169.50
L. Van Parys
D. Kehrer
D. Ries
K. Kauo
GHD
GHD
GHD
$20,000.00
$1,600.00(PA&ED) Plan Reproduction/Meeting Materials
(PA&ED) ODC Services (Traffic Counts, Title Rpt, Misc.) (PS&E) Mileage Costs
(CE) ODC Services (ATP Counts, Misc.)
1 (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposal s. 1 GIS Support
d) Fringe Benefits (Rate: 32.33 %)
Overhead & G&A (Rate: 150.30 %)
INDIRECT COSTS
e) Total Fringe Benefits [(c) x (d)]
g) Overhead [(c) x (f)]
60.51 Engineer A-C 2176 38.46
Administration 155 33.98
GHD
GHD
GHD
$435,203.19
Engineer D-F 744
5,266.90
83,688.96
a) Subtotal Direct Labor Costs
1216 81.73 99,383.68
9,244.40
51,371.73
Public Outreach 70 76.32
Environmenttal Planner 234 62.74 14,681.16
5,342.40
2,004.98
Project Manager 771
ATP Coordinator 34
66.63 58.97
QA/QC 88 105.05
Project Engineer
EXHIBIT 10-H COST PROPOSAL Page 1 of 3
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
GHD Inc.
Prime Consultant Subconsultant 2nd Tier Subconsultan t Principal in Charge 202 83.41 16,848.82
Total
DIRECT LABOR
Classification/Title Name Hours Actual Hourly Rate
15-21-008 Date
$794,811.59
$52,283.39
$61,490.27
(PS&E) ODC Services (Potholing, Misc.) 1 LS $75,000.00
$578,755.35
Unico (Surveys)
Corestone (Geotechnical)
$1,956,371.91
$84,996.73
$56,848.72
$96,895.00
$119,302.24
Miles
k) TOTAL FIXED FEE [(c)+(j)] x fixed fee %: 12%
Bargas (Environmental)
AIM (Public Outreach)
ATTACHMENT 1
Agenda Packet Page 191
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg 5 Year
Hourly Contract
Rate Duration
= 56.01849324 Year 1 Av g
Hourly Rate
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation % Avg Hourly Rate
Year 1 $56.02 + = $57.14 Year 2 Av g Hourly Rate
Year 2 $57.14 + = $58.28 Year 3 Av g Hourly Rate
Year 3 $58.28 + = $59.45 Year 4 Av g Hourly Rate
Year 4 $59.45 + = $60.64 Year 5 Av g Hourly Rate
Total Hours
Each Year Year
Year 1 50.00% * = 3846.0 Estimated Hours Year 1
Year 2 50.00% * = 3846.0 Estimated Hours Year 2
Year 3 0.00% * = 0.0 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 7692.0
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Cost per
Year
Year 1 $56.02 *= $215,447.13 Estimated Hours Year 1
Year 2 $57.14 *= $219,756.07 Estimated Hours Year 2
Year 3 $58.28 *= $0.00 Estimated Hours Year 3
Year 4 $59.45 *= $0.00 Estimated Hours Year 4
Year 5 $60.64 *= $0.00 Estimated Hours Year 5
= $435,203.19
= $430,894.25
= $4,308.94 Transfer to Page 1
$13,191.44
NOTES:
January 2020
430,894.25$
Increase
EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Total HoursDirect Labor
Total Hours per
per Cost Proposal
7,692
Subtotal per Cost
Proposal
Proposed
2%
2%
2%
2%
3. Calculate estimated hours per year (Multiply estimate % each year by total ho Estimated % Completed
Avg Hourly Rate Estimated hours
Proposal
7,692
7,692
0 0
0 (calculated above) (calculated above)
3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
4. Calculations for anticipated salary escalation must be provided
1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # the # of years of the contract, and a breakdown of the labor to be performed each year.
2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) 3846
Direct Labor Subtotal before Escalation
Estimated Total of Direct Labor Salary
3846
0 0
0 Total Direct Labor Cost with Escalation
Agenda Packet Page 192
EXHIBIT 10-H1
Cost Proposal
retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).
Name: Title *:
Signature: Date of Certification (mm/dd/yyyy): 06/30/2021 Email: Phone Number:
Address:
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent
January 2020
List services the consultant is providing under the proposed contract:
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112
- Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of
6. 48 Ccode of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) Engineering and Design Related Service
Lindsey Van Parys
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be Local Assistance Procedures Manual
Prime Consultant PA/ED, PS&E, R/W, and CE Support
Prime Consultant or Subconsultant Certifying:
Vice-President / Principal
[email protected]
943 Reserve Drive, Roseville, CA 95678
916-517-2798
the financial information utilized to establish the cost proposal for the contract.
Certification of Direct Costs:
EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
Agenda Packet Page 193
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant Subconsultant:AIM Consulting
Project No. Contract No. Date 4/6/2022
Range Hours Actual Hourly
Rate Total
Strategic Lead $55-$60 33 57.69$ 1,903.77$
Graphic Designer $58-$62 18 60.16$ 1,082.88$
Senior Outreach Manager $38-$45 96 40.87$ 3,923.52$ Outreach Manager $30-$38 205 36.06$ 7,392.30$
Outreach Coordinator $24-$28 206 25.48$ 5,248.88$ -$
-$
-$
-$
-$
-$
LABOR COSTS
19,551.35$
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] 19,551.35$
INDIRECT COSTS
37.95% ) e) Total Fringe Benefits [(c) x (d)] 7,419.74$
82.99% ) g) Overhead [(c) x (f)] 16,225.67$
39.70% ) i) Gen & Admin [(c) x (h)] 7,761.89$
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] 31,407.29$
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 10% 5,095.86$ l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
mile 0.575$ 200.00$
800.00$
200.00$
1,235.77$
3,000.00$
-$
l) TOTAL OTHER DIRECT COSTS 5,435.77$
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS -$
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] 5,435.77$ TOTAL COST [(c) + (j) + (k) + (n)] 61,490.27$
1. 2.
3. Anticipated salary increases calculation (page 2) must accompany.
Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**).
All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.
Subconsultant 1:
Travel / Mileage - IRS Rate
Meeting Expenses
Social Media Ads
Printing and Public Signage
Direct Mailer/Printing
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:
Description of Item
Gladys Cornell
Darlene Tran
Katie DeMaio
TBD
TBD
Note: Mark-ups are Not Allowed
Old Auburn Road
DIRECT LABOR
Classification/Title Name
Agenda Packet Page 194
Consultant
Project No. Contract No. Date 4/6/2022
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$ 19,551.35 = $ 35.04 Year 1 Avg Hourly Rate Avg Hourly Rate
Year 1 $ 58.28 + = $ 60.03 Year 2 Avg Hourly Rate Year 2 $ 60.03 + = $ 61.83 Year 3 Avg Hourly Rate Year 3 $ 61.83 + = $ 63.68 Year 4 Avg Hourly Rate Year 4 $ 63.68 + = $ 65.59 Year 5 Avg Hourly Rate Total Hours
per Year
Year 1 50.00% * = 279.0 Estimated Hours Year 1
Year 2 50.00% * = 279.0 Estimated Hours Year 2
Year 3 0.00% * = 0.0 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 558.0
Year 1 $ 58.28 * = $ 16,260.12 Estimated Hours Year 1 Year 2 $ 60.03 * = $ 16,747.92 Estimated Hours Year 2 Year 3 $ 61.83 * = $ - Estimated Hours Year 3 Year 4 $ 63.68 * = $ - Estimated Hours Year 4 Year 5 $ - * = $ - Estimated Hours Year 5 = $ 33,008.04
=
= Transfer to Page 1
NOTES:
1. 2.
3. 4.
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.
An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).
This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
Calculations for anticipated salary escalation must be provided. 279
279
0 0
0 Total Direct Labor Cost with Escalation
558.0
Total
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours
Cost per Year
(calculated above) (calculated above)
Completed Each Year per Cost Proposal
558.0
558.0
558.0
558.0
3%
3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Total Hours
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation
3%
3%
3%
Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal
558
CALCULATIONS FOR ANTICIPATED SALARY INCREASES
AIM Consulting
Old Auburn Road
Agenda Packet Page 195
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service
6. 48 Ccode of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).
Name: Gladys Cornell Title *: Principal
Signature: Date of Certification: 3/29/2022
Email:
[email protected] Phone number: 916.442.1168 Address: 2523 J Street, Suite 202, Sacramento CA
List services the subconsultant is providing under the proposed contract:
Certification of Direct Costs:
Prime Consultant or Subconsultant Certifying:
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
Agenda Packet Page 196
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
January 2020
EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3
COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Note: Mark-ups are Not Allowed ☐ Prime Consultant ☒ Subconsultant ☐ 2nd Tier Subconsultant
Consultant. CORESTONE ENGINEERING, INC.
Project No. OLD AUBURN ROAD COMPLETE STREETS PH 1 Contract No. N/A Date 5/10/2022
DIRECT LABOR
Classification/Title Name Hours Actual Hourly Rate Total Geotechnical
Engineer/President* Vimal P. Vimalaraj 138 $80.00 $ 11.040.00
LABOR COSTS
a) Subtotal Direct Labor Costs $ 11,040.00
b) Anticipated Salary Increases (see page 2 for calculation) $ 0.00
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 11,040.00
INDIRECT COSTS
d) Fringe Benefits (Rate: 16.27%) e) Total Fringe Benefits [(c) x (d)] $ 1,796.21 f) Overhead (Rate: 68.92%) g) Overhead [(c) x (f)] $ 7,608.77
h) General and Administrative (Rate: 0.00%) i) Gen & Admin [(c) x (h)] $ 0.00
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 9,405.00
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 20.00%] $ 4,089.00
l) CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) Description of Item Quantity Unit Unit Cost Total
Lab Testing: Sieve Analysis 6 Each $110.00 $660.00
Lab Testing: Atterberg Limit 6 Each $110.00 $660.00
Lab Testing: Moisture Content 10 Each $30.00 $300.00
Lab Testing: R-Value 4 Each $300.00 $1,200.00
Lab Testing: Proctor/Compaction 2 Each $220.00 $440.00
Lab Testing: Corrosion Suit 2 Each $130.00 $260.00
Vehicle 1000 Miles $0.585 $585.00
Per Diem 4 Days $225.00 $900.00
Permit Fee 1 Each $300.00 $300.00
Field Supplies for Exploration (eg. PID Rental) 1 Each $800.00 $800.00 Drill Rig - Borings and Pavement Cores 1 Each $10,500.00 10,500.00 Traffic Control and Traffic Control Plans 1 Each $5,700.00 $5,700.00 l) TOTAL OTHER DIRECT COSTS $
m) SUBCONSULTANTS’ COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS’ COSTS $0
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l)+(m)] $ _ 22.305.00_
TOTAL COST [(c) + (j) + (k) + (n)] $ ____ 46,839.00 NOTES:
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.
3. Anticipated salary increases calculation (page 2) must accompany.
Agenda Packet Page 197
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
January 2020
EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3
COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours)
Direct Labor
Subtotal per Cost
Proposal
Total Hours per
Cost Proposal
Avg
Hourly
Rate
5 Year
Contract
Duration
$250,000.00 5000 = $50.00 Year 1 Avg
Hourly Rate
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %)
Avg Hourly Rate Proposed Escalation
Year 1 $50.00 + 2% = $51.00 Year 2 Avg Hourly Rate
Year 2 $51.00 + 2% = $52.02 Year 3 Avg Hourly Rate
Year 3 $52.02 + 2% = $53.06 Year 4 Avg Hourly Rate
Year 4 $53.06 + 2% = $54.12 Year 5 Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
Estimated % Completed
Each Year
Total Hours per Cost
Proposal
Total Hours per
Year
Year 1 20.0% * 5000 = 1000 Estimated Hours Year 1
Year 2 40.0% * 5000 = 2000 Estimated Hours Year 2
Year 3 15.0% * 5000 = 750 Estimated Hours Year 3
Year 4 15.0% * 5000 = 750 Estimated Hours Year 4
Year 5 10.0% * 5000 = 500 Estimated Hours Year 5
Total 100% Total = 5000
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
Avg Hourly Rate
(calculated above)
Estimated hours
(calculated above)
Cost per
Year
Year 1 $50.00 * 1000 = $50,000.00 Estimated Hours Year 1 Year 2 $51.00 * 2000 = $102,000.00 Estimated Hours Year 2 Year 3 $52.02 * 750 = $39,015.00 Estimated Hours Year 3 Year 4 $53.06 * 750 = $39,795.30 Estimated Hours Year 4 Year 5 $54.12 * 500 = $27,060.80 Estimated Hours Year 5 Total Direct Labor Cost with Escalation = $257,871.10
Direct Labor Subtotal before Escalation = $250,000.00
Estimated total of Direct Labor Salary
Increase
=
$7,871.10
Transfer to Page 1
NOTES:
1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.
2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)
3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
4. Calculations for anticipated salary escalation must be provided.
Agenda Packet Page 198
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
January 2020
EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).
Prime Consultant or Subconsultant Certifying:
Name: Title *:
Signature :
Date of Certification (mm/dd/yyyy):
Email: Phone Number:
Address:
*An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
List services the consultant is providing under the proposed contract:
Geotechnical Exploration (Borings and Pavement Cores).
Laboratory Testing.
Geotechnical and Pavement Analyses.
Draft Geotechnical Investigation Report.
Final Geotechnical Investigation Report.
Vimal P. Vimalaraj, PE, GE
President
5/10/2021
[email protected]
775-636-5916
10751 GRAYSLAKE DR, RENO, NV 89521
Agenda Packet Page 199
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant x Subconsultant 2nd Tier Subconsultant Consultant: Monument ROW
Project No. Contract No. Date 2/21/2022
Hours Actual Hourly Rate Total
ROW Principal In Charge B. Morrison 23.00 108.17$ 2,487.91$ Senior Utility Coordinator Agent 0 0.00 67.52$ -$ Senior Acquisition Agent 0 74.00 67.52$ 4,996.48$ Acquisition Agent 0 168.00 48.08$ 8,077.44$ Project Coordinator 0 0.00 33.10$ -$
Adminstration 0 60.00 22.17$ 1,330.20$ 0 0 0.00 -$ -$
0 0 0.00 -$ -$
0 0 0.00 -$ -$
0 0 0.00 -$ -$
0 0 0.00 -$ -$
0 0 0.00 -$ -$
0 0 0.00 -$ -$
0 0 0.00 -$ -$
0 0 0.00 -$ -$
0 0 0.00 -$ -$
0 0 0.00 -$ -$
0 0 0.00 -$ -$
0 0 0.00 -$ -$
LABOR COSTS
16,892.03$
-$
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] 16,892.03$
INDIRECT COSTS
) e) Total Fringe Benefits [(c) x (d)] 0.00
120.00% ) g) Overhead [(c) x (f)] 20270.44
) i) Gen & Admin [(c) x (h)] 0.00
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] 20,270.44$
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 10% 3,716.25$ l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
2.00 each 750.00$ 1,500.00$
750.00 miles 0.56$ 420.00$
30.00 Each 35.00$ 1,050.00$
-$ -$
-$ -$
l) TOTAL OTHER DIRECT COSTS 2,970.00$
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) Pattison (2 appraisals @ $5,000) 10,000.00$
Sierra West Valuation - Appraisal Review ( @ $1500/ea) 3,000.00$ -$
-$
m) TOTAL SUBCONSULTANTS' COSTS 13,000.00$
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] 15,970.00$ TOTAL COST [(c) + (j) + (k) + (n)] 56,848.72$
NOTES:
1. 2.
3. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.
Subconsultant 4:
Note: Mark-ups are Not Allowed
Travel
Subconsultant 1:
Fed Ex
DIRECT LABOR
Classification/Title Name
f) Overhead & G&A (Rate:
h) General & Admin (Rate:
Description of Item
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) d) Fringe Benefits (Rate:
Title Reports
Anticipated salary increases calculation (page 2) must accompany.
Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
Subconsultant 2:
Subconsultant 3:
x
Agenda Packet Page 200
Consultant
Project No. Contract No. Date 2/21/2022
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$ 16,892.03 = $ 51.98 Year 1 Avg Hourly Rate Avg Hourly Rate
Year 1 $ 51.98 + = $ 53.53 Year 2 Avg Hourly Rate Year 2 $ 53.53 + = $ 55.14 Year 3 Avg Hourly Rate Year 3 $ 55.14 + = $ 56.80 Year 4 Avg Hourly Rate Year 4 $ 56.80 + = $ 58.50 Year 5 Avg Hourly Rate Total Hours
per Year
Year 1 100.00% * = 325.0 Estimated Hours Year
1 Year 2 0.00% * = 0.0 Estimated Hours Year
2 Year 3 * = 0.0 Estimated Hours Year
3 Year 4 * = 0.0 Estimated Hours Year
4 Year 5 * = 0.0 Estimated Hours Year
5 Total 100% = 325.0
Year 1 $ 51.98 * = $ 16,892.03 Estimated Hours Year 1 Year 2 $ 53.53 * = $ - Estimated Hours Year 2 Year 3 $ 55.14 * = $ - Estimated Hours Year 3 Year 4 $ 56.80 * = $ - Estimated Hours Year 4 Year 5 $ - * = $ - Estimated Hours Year 5 = $ 16,892.03
= $ 16,892.03
= $ - Transfer to Page 1
NOTES:
1. 2.
3. 4.
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service
6. 48 Ccode of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s). 3%
3%
3%
Estimated % Total Hours
Completed Each Year per Cost Proposal
325.0
325.0
3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated total of Direct Labor Salary Increase
325
0 0
0 0
Total Direct Labor Cost with Escalation
Estimated hours
(calculated above) (calculated above)
Total
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Monument ROW
CALCUATIONS FOR ANTICIPATED SALARY INCREASES
Direct Labor Subtotal
Direct Labor Subtotal before Escalation
per Cost Proposal
325
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation
Cost per Year
Avg Hourly Rate
Calculations for anticipated salary escalation must be provided.
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.
An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).
This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
Certification of Direct Costs:
Total Hours
per Cost Proposal
3%
Agenda Packet Page 201
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service
6. 48 Ccode of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).
List services the consultant is providing under the proposed contract:
Address: 3626 Fair Oaks Blvd, Suite 100, Sacramento, CA 95864 Email: [email protected]
Title *: Vice President
Date of Certification: February 21, 2022
Phone number: (916) 717-7069
Right of Way Support
Certification of Direct Costs:
Prime Consultant or Subconsultant Certifying:
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
Name: Bob Morrison
Signature: _________________________________________________ Agenda Packet Page 202
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Consultant: Subconsultant
Project No. Contract No. Date: 4/5/2022
Direct Labor
Hours Actual Hourly Rate Total
22.0 $80.00 $1,760.00
248.0 $60.50 $15,004.00
88.0 $71.54 $6,295.52
60.0 $69.04 $4,142.40
88.0 $38.00 $3,344.00
120.0 $24.00 $2,880.00
24.0 $85.00 $2,040.00
24.0 $40.00 $960.00
24.0 $65.00 $1,560.00
698.0 $37,985.92
LABOR COSTS
a) Subtotal Direct Labor Costs $37,985.92
b) Anticipated Salary Increases
c) TOTAL DIRECT LABOR COSTS [(a)+(b) $37,985.92
INDIRECT COSTS
d) Fringe Benefits (Rate): e) Total Fringe Benefits [(c) × (d)] f) Overhead (Rate): 135.26% g) Overhead [(c) × (f)] $51,379.76 h) i) Gen & Admin [(c) × (h)]
j) $51,379.76
FIXED FEE k) 10% $8,936.57
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Unit Unit Cost Total
ea $600.00 $21,000.00
$21,000.00
m) SUBCONSULTANT'S COSTS (add additional pages if necessary) $21,000.00
$119,302.24
NOTES:
January 2018
Classification/Title Name
Survey Manager Rob Markes
Old Auburn Rd Complete Streets Phase 1
EXHIBIT 10-H COST PROPOSAL Page 1 of 3
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING, AND ENVIRONMENTAL STUDIES)
Note: Mark-ups are Not Allowed
UNICO Engineering INC. Prime Consultant 2nd Tier Subconsultant Survey Technician Todd Jordan
Party Chief Tim Pringle
Sr. Land Surveyor Ryan Ming
Rodman Tony Perez
Travel/Mileage Costs (supported
by Consultant actual cost
Survey Technician Enrique Cacho
Total
General and Administrative (Rate):
TOTAL INDIRECT COSTS [(e) +(g) + (i)]
TOTAL FIXED PROFIT
[(c) + (j)] × Fixed Fee
Description Quantity
Staff Resident Engineer
Staff Office Engineer
Staff
l) TOTAL OTHER DIRECT COSTS
Subconsultant 1:
Equipment Rental and Supplies
(itemize)
Permit Fees (itemize), Plan Sheets
(each), Test Holes (each), etc.
Subconsultant Costs (attach
detailed cost proposal in same
format as prime consultant
Per Diem
Construction Inspector
TOTAL COST [(c) + (j) + (k) + (n)]
• Key Personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal Cost Principles. Subconsultants will provide their own cost proposals. • The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognized agency or accepted by Caltrans. • Anticipated salary increases calculation (page 2) must accompany.
Subconsultant 3:
Tier Subconsultant 4:
m) TOTAL 2nd TIER SUBCONSULTANT'S COSTS
n) TOTAL OTHER DIRECT COSTS INCLUDING 2nd TIER SUBCONSULTANTS [(l) + (m)] Subconsultant 2:
Title Reports
35 Aerial and Photogrammetry
x
Agenda Packet Page 203
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Certification of Direct Costs:
Prime Consultant or Subconsultant Certifying:
Name: Title*:
Signature: 4/5/2022
Email: Phone Number:
Address:
List services the consultant is providing under the proposed contract:
January 2018
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).
Cesar Montes de Oca President
Land Survey
Date of Certification (mm/dd/yyyy):
[email protected] 916-900-6623
110 Blue Ravine Rd. Ste 101, Folsom, CA 95630
*An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
Agenda Packet Page 204
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant X Subconsultant 2nd Tier Subconsultant Contract No. Date 02/18/2022
Hours Actual Hourly Rate Total
49.0 105.75$ $ 5,181.75 122.0 98.25$ $ 11,986.50 132.0 62.00$ $ 8,184.00 120.0 39.00$ $ 4,680.00 165.0 34.50$ $ 5,692.50 128.0 31.00$ $ 3,968.00 $ -
$ -
$ -
$ -
$ -
$ -
716.0 39,692.75$
a) 39,692.75$
b) 959.77$
40,652.52$
INDIRECT COSTS
d) Rate: 54.29% 22,070.25$
Rate: 34.84% 14,163.34$
h) Rate: -$
36,233.59$
10.00% 7,688.61$
Quantity Unit Unit Cost Total
200 mile 0.585$ 117.00$
2 each 50.00$ 100.00$
1 each 205.01$ 205.01$
-$
-$
422.01$
-$
-$
-$
-$
-$
422.01$
84,996.73$
1. 2.
3. Engineer VI
Engineer III
Meng Yang
Engineer II
Shannon Liao
Anson Huynh
Jason Nguyen
(DESIGN, ENGINEERING, AND ENVIRONMENTAL STUDIES)
Name
Daniel Yau
Kin ChanEngineer XI
Engineer XII
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS EXHIBIT 10-H1 COST PROPOSAL (Page 1 of 3)
Subtotal Direct Labor Costs
Anticipated Salary Increases (see page 2 for calculations) Engineer I
Note: Mark-ups are Not Allowed
Consultant
Project No.
Y&C Transportation Consultants, Inc.
Old Auburn Road Complete Streets (Ph 1) City PN 15-21-008 Classification/Title
Fringe Benefits
Overhead
General and Administrative
c) TOTAL DIRECT LABOR COSTS [(a) + (b)]
e) Total fringe benefits [(c) x (d)]
g) Overhead [(c) x (f)]
i) Gen & Admin [(c) x (h)]
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)]
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) k) TOTAL FIXED FEE [(c) + (j)] x fixed feeFIXED FEE
Description of Item
Mileage Costs
Express Mails / Deliveries (at cost)
Outside Copying
l) TOTAL OTHER DIRECT COSTS
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) Subconsultant 1:
Subconsultant 2:
Anticipated salary increases calculations (page 2) must accompany.
Subconsultant 3:
Subconsultant 4:
m) SUBCONSULTANTS' COSTS
NOTES:
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] TOTAL COST [(c) + (j) + (k) +(n)]
Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accept by Caltrans.
DIRECT LABOR
Total:
LABOR COSTS
January 2018
Agenda Packet Page 205
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct
Labor Subtotal per
Cost Proposal
Total Hours per
Cost Proposal
Avg
Hourly
Rate
$39,692.75 / 716.0 = $55.44
2. Calculate hourly rate for all years (Increase the Average hourly rate for a year by proposed escalation %) Avg Hourly Rate Proposed Escalation
Year 1 $55.44 + 3.0% = $57.10
Year 2 $57.10 + 3.0% = $58.81
Year 3 $58.81 + 3.0% = $60.58
Year 4 $60.58 + 3.0% = $62.39
3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Completed
Each Year
Total Hours per Cost
Proposal
Total Hours per
Year
Year 1 40% * 716.0 = 286.4
Year 2 40% * 716.0 = 286.4
Year 3 20% * 716.0 = 143.2
Year 4 * 716.0 = 0.0
Year 5 * 716.0 = 0.0
Total 100% Total = 716.0
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate
(calculated above)
Estimated hours
(calculated above)
Cost per
Year
Year 1 55.44$ * 286.4 = $15,877.10 Year 2 57.10$ * 286.4 = $16,353.41 Year 3 58.81$ * 143.2 = $8,422.01 Year 4 60.58$ * 0.0 = $0.00 Year 5 62.39$ * 0.0 = $0.00 Total Direct Labor Cost with Escalation = $40,652.52
Direct Labor Subtotal before escalation = $39,692.75
Estimated total of Direct Labor Salary Increase = $959.77 NOTES:
1. 2.
3. 4. Calculations for anticipated salary escalation must be provided.
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.
An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
Estimated Hours Year 2
Estimated Hours Year 3
Estimated Hours Year 4
Estimated Hours Year 5
Transfer to Page 1
Estimated Hours Year 1
5 Year
Contract
Duration
Year 1 Avg
Hourly Rate
Year 2 Avg Hourly Rate
Year 3 Avg Hourly Rate
Year 4 Avg Hourly Rate
Year 5 Avg Hourly Rate
Estimated Hours Year 1
Estimated Hours Year 2
Estimated Hours Year 3
Estimated Hours Year 4
Estimated Hours Year 5
EXHIBIT 10-H1 COST PROPOSAL (Page 2 of 3)
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
January 2018
Agenda Packet Page 206
Certification of Direct Costs
1 Generally Accepted Accounting Principles (GAAP)
2 Terms and conditions of the contract
3 Title 23 United States Code Section 112 - Letting of Contracts 4 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 5 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Services
6 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) Prime Consultant or Suconsultant Certifying:
Name: Title*:
Signature:
Email:
Address:
List services the consultant is providing under this proposed contract:
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).
Daniel Yau President
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
EXHIBIT 10-H1 COST PROPOSAL (Page 3 of 3)
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
January 2018
Prepare electrical plans, specifications, and cost estimates for traffic signals, signal interconnect system, lighting, and rectangular rapid flashing beacons.
[email protected]
Date of Certification (mm/dd/yyyy): 02/18/2022
Phone Number:
3250 Ramos Circle, Sacramento, CA 95827
(916) 947-3876
*An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
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The
Power of Commitment
12575433 | GHD Old Auburn Road Phase 1 Scope of Work 1 Old Auburn Road Phase 1 – Scope of Work
A. Project Management and Coordination
A.1 Project Management Services
GHD will serve as the overall Project Manager during the entire duration of the project. Project Management and Key Staff on the project will not change without providing the City with notification and obtaining approval of the change in staff prior to continuing work on the project.
Project management tasks during this project will include:
− Acting as the lead (point of contact) for project development and coordination; − Manage sub-consultants work tasks, communications, invoicing, and review of deliverables; − Coordinate monthly project status meetings including preparation of agendas and record notes (virtual); − Coordinate and attend project stakeholder meetings, public meetings, and utility coordination meetings − Develop and maintain a monthly project schedule;
− Manage and maintain the project budget (monthly invoices and progress reports), and − Provide quality assurance and quality control measures (QA/QC) for all project deliverables.
Deliverables Include
− Meeting agendas and minutes for all design and coordination meetings; − Monthly project schedule/budget updates (Microsoft Project format), and − Record of quality control comments (distributed to the City upon request).
Assumptions
− City will provide funding management and grant progress reports to various agencies; − One (1) Kick-Off Meeting with all agency/consultant staff present; and − Eighteen (18) project design team meetings during PA/ED and fourteen (14) additional meetings during PS&E-R/W-CON with GHD and City Project Managers will be required (additional staff attendance as- needed)
B. Preliminary Engineering and Research
B.1 Research and Review Previous Studies and ATP Grant
GHD will review the various components of the ATP Grant application and allocation materials in conjunction with the prior studies and public outreach summaries provided on the City’s website. GHD will discuss the findings and provide recommendations for updated studies or supplemental testing at the conclusion of this process during the project kick-off meeting (or other progress meetings as appropriate).
B.2 Topographic and Right-of-Way Surveying
UNICO a GHD sub-consultant, will perform detailed (non-aerial) topographic surveys utilizing local National Geodetic Survey (NGS) NAD83 and NAVD88 datums, derived from the California State Plane Coordinate System and Sacramento County benchmarks. UNICO will perform design topographic surveys along Old Auburn Road from the intersection of Tiara Way to Garry Oaks Drive. UNICO will locate street improvements such as walks, curbs, gutters, striping, driveways, and pavement. UNICO will also locate shoulders, tops, and toes of banks, ditches, culverts, fences, retaining curbs, signs, monuments, all visible utilities such as utility poles, signals, manholes, valves, boxes, vaults, drain inlets, trees (size and drip), and other relevant features critical to the design. Road cross-sections will be located at 50’ intervals or closer, including all curve points, grade breaks, and change in directions.
The survey will extend 15’ beyond the existing right of way where accessible and 50’ beyond all curb returns on intersecting streets. Measurements down to relevant sewer and drain structures will be performed to include depth, approximate size, and flow direction. Special attention to conforms, driveways, ADA access and ADA curb ramps will be given. UNICO will locate all pre-marked USA markings (by others). UNICO will map all topographic features in AutoCAD format to include 1’ contours and 3D surface.
UNICO will set durable project control along the corridor for future surveys and construction control.
UNICO will research record mapping and deed documents for the determination of the existing right of way and parcel boundaries along the project corridor. UNICO has identified approximately 50 parcels that are adjacent to the project right of way. UNICO will perform field surveying of record right of way and property ATTACHMENT NO. 2
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monuments to resolve the right of way and parcel boundaries. UNICO will resolve the boundaries from record and field information and create an overall right of way base map. UNICO will purchase thirty-five (35) current title reports for impacted properties to confirm right of way and easement constraints. UNICO will prepare a right of way and boundary LANDNET base file showing all right of way, easements, ownership details, and Parcel Identification APN’s.
B.3 Traffic Counts and Analysis
GHD will review the project’s previous Draft Traffic Memorandum and perform updates to the report as needed. This task will require additional traffic counts as a part of the analysis. GHD has onboarded a DBE sub- consultant WILTEC to perform this analysis. GHD will utilize traffic modelling software SYNCRO to validate the traffic analysis and prepare one draft and one final Traffic Memorandum with appropriate measures to be incorporated into the final design (GHD assumes that the City’s model will be made available).
The analyses will include:
− Documentation of the operational characteristics of the intersections studied previously for both existing and future conditions taking into account the existing traffic signal timings and need for any future signalization
− A queuing analysis will be prepared, which will be utilized to identify the channelization requirements at each intersection
GHD can provide the City with a micro-simulation video rendering the project’s traffic analysis into a VISSIM simulation that can be uploaded to the project website and/or shared during community outreach/City Council Presentations.
B.4 Utility Coordination (“ A” Letters) and Mapping
GHD will conduct a USA North/811 inquiry for any potential public or private utilities in the area, utilize the City’s records/utility data, and will send as-built mapping requests to each potential utility involvement. GHD will update the base map based on the as-built maps. GHD will prepare signature-ready utility mapping request letters for the City’s use.
After mapping is provided by the purveyors, GHD will incorporate the existing utilities into the topographic background to be used in the preliminary and final design phases.
B.5 Geotechnical Analysis
Corestone Engineering, Inc., a GHD sub-consultant, will prepare the Geotechnical Design Report, which will include a summary of the field investigation, laboratory testing, and design recommendations for the project. CEI will perform geotechnical engineering analyses that are necessary to develop geotechnical design recommendations for the project. CEI will also perform pavement design analyses to provide pavement rehabilitation and structural section recommendations.
The study will provide the following information:
− Site description
− Summary of research performed
− Summary of site exploration (boring logs and pavement core hole logs will be enclosed with the report) − Brief discussion of existing pavement conditions within the project alignment − Summary of laboratory testing
− Discussion of the limits of any identified hazardous waste and their measured concentrations − Brief site geology, site seismicity, and geologic hazards − Tabulated summary of thicknesses of existing asphalt concrete and aggregate base at pavement cores − Site soil and groundwater information
− Excavation characteristics (trenching and temporary excavation slopes) − Site preparation/stabilization
− Subgrade soil preparation
− Aggregate base section for PCC slabs, curb, and gutters − Site drainage
− Erosion control
− Asphalt concrete pavement structural section recommendations − Geotechnical design recommendations foundations of street lighting, signage, and monuments − Id
entification of recognizable construction problems
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Exploration
CEI will advance up to 15 pavement core holes within the project area to measure the existing structural sections (asphalt concrete pavement and aggregate base) as well as to sample the subgrade soils immediately below the pavement section. In addition, CEI will advance a series of six (6) test borings to approximately five to 10 feet below the existing pavement/ground surface to adequately reveal subsurface soil and groundwater conditions within the project area. We have currently assumed the completion of geotechnical field exploration tasks during night shifts. It is expected borings will be located every 750 to 1,000 feet interval along Old Auburn Road; however, existing utilities, as well as the target boring areas of pavement subgrade failures, will determine the final locations of the borings.
Material encountered during exploration will be logged in the field by a CEI geotechnical engineer. The groundwater surface will be measured if encountered. A PID will also be used to check the presence of petroleum hydrocarbon and, if present, to measure their concentration (screening testing) in the samples retrieved from borings. Representative samples will be returned to our Reno office for additional evaluation and laboratory testing assignments. Once the exploration is complete, borings and pavement core holes will be backfilled with neat cement grout and the surface will be patched with non- shrink cement grout and dyed to match asphalt concrete pavement surface in the adjacent area.
Laboratory Testing
Representative samples of significant soil types will be tested in the laboratory to characterize the subgrade soils’ index properties as well as strength and corrosion properties. We have budgeted 10 moisture content tests, six (6) gradation/sieve analysis tests, six (6) Atterberg limits tests, four (4) R-value tests, and two (2) corrosion suites tests (pH, resistivity, redox, soluble sulfates, sulfides) on collected representative samples of subgrade soils from our exploration.
CEI will prepare the Draft Final Geotechnical Design Report, which will be submitted to the Project Team and City for review and comment. Upon receipt of all report comments and any revised plans, CEI will submit the Final Geotechnical Design Report to be included in the construction documents.
B.5.2 Additional Geotechnical Analysis
GHD will coordinate with the City and CEI to determine if additional geotechnical analysis will be needed during the final design of the project. In Task B CEI has provided geotechnical sampling, analysis, and pavement rehabilitation/new structural section recommendations.
B.6 Preliminary Design and Impact Analysis
GHD will prepare a preliminary (35% design level) project design applied to the surveyed information provided by UNICO. This preliminary design will apply the cross- sections, traffic analysis, and utility mapping performed as a part of the preliminary engineering and research and will be used to obtain information regarding environmental, utility, and private parcel impacts in addition to providing the City with an updated engineer’s estimate of the construction costs for the prescribed design features.
This iterative design process will focus on the “avoidance and minimization” approach to any high-risk/high- profile impacts including environmentally sensitive areas, private parcel impacts, utility relocations, and safety barrier removals at critical conflict points.
Y&C will also obtain electronic base plans from GHD and use VISUAL software to prepare photometric analysis and layout streetlights and pedestrian scale lights.
GHD will prepare preliminary stormwater/drainage analysis to identify project water quality goals and design approach.
GHD Landscape Architects will work with the City to design the overall planting/vegetation approach and update (as needed) the project’s plant and color palates for inclusion in the subsequent phases of the project.
GHD will develop the conceptual level design configurations in plan view at a 1”=20’ or 1”=40’ scale displaying the typical cross-section, plan view layout, preliminary utility/drainage modifications, and right of way impacts (temporary or permanent).
One (1) draft version of each of the concepts will be updated based on City comment and the final versions will be hatched with colors representing materials to be used in order to allow the improvements to be Agenda Packet Page 213
12575433 | GHD Old Auburn Road Phase 1 Scope of Work 4
easily understood by the community and stakeholders (provided in AutoCAD, PDF, and/or Excel format as appropriate/requested).
Deliverables Include:
− Summary of preliminary research and findings from prior analysis and ATP (Cycle 5) grant; − Topographic and Right-of-Way surveys (AutoCAD and .tin); − Property Title Reports (35)
− Traffic Counts and Summary Sheets;
− Traffic Analysis Memorandum (Draft and Final);
− Utility “A” Letters and mapping incorporated into design files; − Geotechnical analysis (as deemed appropriate);
− Responses to City/Other Agency comments on draft deliverables; and, − Preliminary Design (35% Design files) and Impact Exhibits.
Assumptions
− City will request and provide title reports for affected parcels to the Consultant Team at no-cost; − Access to the site and Encroachment Permits will be provided to the Consultant Team at no-cost; − Geotechnical work will be limited to existing pavement analysis and for proposed signal/lighting footings (no walls are anticipated); and,
− All products will be delivered to the City as one (1) draft submittal and one (1) final submittal. − If multiple parties/agencies will review and provide input, concurrent review periods are anticipated.
C. Public Outreach and Engagement
C.1 Outreach Management
GHD and AIM, a DBE subconsultant, will provide strategic advice and counsel, review project materials and reports, and monitor team communications with the public.
GHD and AIM will provide strategic advice and counsel, review project materials and reports, and monitor team communications. In addition, AIM will attend a project kick-off meeting and coordinate and participate in appropriate public engagement and project coordination meetings regarding the design of the project and environmental review process. (Up to 3 meetings).
Community Awareness and Education Program
At the beginning of the project, AIM will develop and implement a community awareness and education program to create a shared understanding of the project, the project elements, and the community benefits.
The community awareness program will leverage the City’s existing communication links as well as those of community-based organizations and local media to help explain the project. AIM’s communication professionals will create communication materials such as fact sheets, informational brochures, FAQs and digital infographics series, and social media programs that can be published on the City’s social media channels, that can be easily shared on other community-based organizations’ social media platforms, to highlight the project, design elements, and the community benefits.
Stakeholder Identification & On-Going Communication
AIM will develop and maintain a stakeholder database throughout the project’s duration. This database will include stakeholder name, contact information, preferred method of contact, and potential key concerns and/or areas of project interest.
Utilizing previous project experience, AIM will develop a comprehensive database that includes adjacent property and business owners, adjacent residents, schools, community-based organizations, and local and state agencies.
Direct Mailers
AIM will design two direct mail postcards containing project information and details about the public meetings. AIM will mail the postcard to residents and property owners in the project area identified by the City.
Social Media Content
GHD and AIM will develop social media content for the City’s social media platforms to build community awareness about the project and share key milestones throughout the process. Social media updates include photos, videos, or animated short clips to maintain an interesting and informative social media Agenda Packet Page 214
12575433 | GHD Old Auburn Road Phase 1 Scope of Work 5
presence. AIM will build the social media channel following with outreach to key stakeholders and community organizations, as well as paid boosting.
(For PS&E Phase)
GHD and AIM, a DBE subconsultant, will provide strategic advice and counsel, review project materials and reports, and monitor team communications with the public as deemed appropriate by the City during Final Design Phase.
GHD and AIM will leverage the prior efforts from PA/ED to update/inform key stakeholders and the community on the City’s design progress. Outreach is expected to be targeted to major design milestones and schedule updates as the project nears construction.
As-Needed Public Outreach
GHD and AIM will develop meeting content and format, coordinate logistics, and facilitate up to one (1) community-wide workshops either in person or virtual via Zoom during the design phase. Additional efforts, meetings, and/or presentations may require scope/budget amendments.
C.2 Informational Video
GHD and AIM will develop key messaging to be able to film, edit and produce one informational video that explains the project, how road diets work, its benefits, and how perceived issues such as traffic congestion, access points, visibility, safety, and connectivity can be addressed. The video may include interviews with City representatives and key stakeholders such as school administrators, public safety, and others to discuss why the City is undertaking the project.
C.3 Key Stakeholder Focus Gr oup Workshops/Site Walks (2) GHD and AIM will facilitate, plan, coordinate logistics, and develop materials for two key stakeholder focus group workshops with adjacent businesses and property owners, nearby schools, and community-based organizations who have an interest in public health and safety for pedestrians and cyclists. The stakeholder workshops will be small group discussions with the first including a site walk which will take place at the beginning of the project to obtain early stakeholder feedback prior to the first community workshop. The second workshop will occur later during the public review period of the project to provide an update on the design and prior to the second community workshop.
AIM will record all feedback gathered at the stakeholder meetings and develop summaries of findings.
C.4 Community Workshop (1)
GHD and AIM will develop meeting content and format, coordinate logistics, and facilitate two community- wide workshops either in person or virtual via Zoom for an additional public meeting beyond the site walks and stakeholder focus group meetings.
The community workshop will focus on presenting the project background, City’s project goals, and community benefits and soliciting feedback about existing conditions including current travel behaviour, areas of discomfort for bicyclists and pedestrians as well as opportunities for design enhancements and identification of any perceived concerns. The workshop will be held early in the design process and be coordinated with the kick-off of the environmental process.
Following the community workshop, AIM will provide a summary of findings including photos of the events and community input from the interactive boards.
Notifications for Community Workshops: AIM will coordinate with the City of Citrus Heights and the project team to ensure that each workshop is well advertised. In addition, AIM will work with the City’s existing communication channels to disseminate project information and ensure that the community is informed throughout the project’s duration. AIM will provide content to the City for posting to the project webpage, calendar, and social media channels.
C.5 Pop-Up Workshop (1)
GHD and AIM will conduct a pop-up workshop for the community at a key location (Citrus Heights Little League and Discovery Tree Schools) near the project site or at existing events such as May is Bike Month and during the time when the online community questionnaire is live.
At the conclusion of all workshops, AIM will develop a comprehensive summary which will include all input obtained and photography; these summaries will be posted to the project webpage.
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12575433 | GHD Old Auburn Road Phase 1 Scope of Work 6
Deliverables Include
− Develop and Maintain Project Stakeholder list/ database; − Public outreach mailers, notices, and/or flyers;
− Project informational Video;
− Draft social media posts; and,
− Meeting coordination, attendance, and comment/ records.
Assumptions
− City will develop and maintain the project website. The consultant team will provide additional/new content from other tasks in this scope of work.
D. Environmental
D.1 CEQA Documentation
GHD team will review the project in accordance with the Public Resources Code §21000, et seq. and the CEQA Guidelines, 14 California Code of Regulations §15000, et seq. The review will determine whether the project qualifies under a class of projects that have been determined not to have a significant effect on the environment and which may be exempted from further review under CEQA. Based on GHD’s current understanding of the project, it appears that the project will likely qualify for a combination of Categorical Exemptions under CEQA Guidelines.
To determine the eligibility of the project for Categorical Exemption classes, GHD will evaluate the project relative to the list of exceptions in Section 15300.2 of the CEQA Guidelines, including:
− Analysis of the project location relative to sensitive environments; − Identification and analysis of cumulative impacts;
− Analysis of potential impacts on the environment due to unusual circumstances; − Analysis of the project location relative to scenic highways; − Analysis of the project location relative to lists compiled pursuant to Government Code Section 65962.5; and,
− Analysis of potential adverse changes to historical resources.
The GHD team will prepare the necessary Categorical Exemption documentation for the project to satisfy the requirements set forth by CEQA. This will include completion of a Notice of Exemption form, as well as a supporting CEQA compliance memorandum describing the project, the qualifying exemption(s), and the above- mentioned analysis. The Notice of Exemption form and supporting memorandum will be submitted in an electronic format (MS Word & PDF format) to the City for one round of review, and upon receipt of comments, will be revised and re-submitted, if necessary.
This scope of work includes time for up to two conference calls (each of up to one-hour duration) with City staff. This scope of work assumes that the City will take responsibility for filing the completed Notice of Exemption form with the County Clerk’s Office and for paying the County’s administrative fee for filing the form. GHD can then upload the filed Notice of Exemption to the State Clearinghouse on behalf of the City, if requested.
D.2 NEPA PES and Field Review
The GHD team will complete the required documentation for compliance with the NEPA. The NEPA process will follow the procedural guidance outlined in Chapter 6 of the Caltrans Local Agency Procedures Manual (LAPM) and the Standard Environmental Reference (SER).
The GHD team will initiate the NEPA process by preparing a Preliminary Environmental Study (PES) Form (LAPM, Exhibit 6-A) according to Caltrans LAPM and SER instructions. The PES form is designed to provide the early coordination needed to determine required technical studies, level of analysis, and NEPA Class of Action pursuant to 23 CFR 771.111. The GHD team will complete a PES form with all supporting documentation and answers for each question on the PES Form. A draft PES Form will be submitted for City review, and following incorporation of City comments, GHD will provide the City with an updated PES Form for submittal to Caltrans.
The Caltrans Field Review meeting is intended to bring together stakeholders and come to an agreement on project requirements necessary to comply with federal and state laws and regulations. The GHD team will prepare a Field Review Form (LAPM, Exhibit 7-B) for the project, which includes a description of the physical limits of the project, a description of the work, programming data, construction cost estimates, scheduling estimates, and a Roadway Data Form. A draft Field Review Form will be submitted for one Agenda Packet Page 216
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round of City review and following incorporation of City comments, GHD will provide an updated Field Review Form for submittal to Caltrans.
Following submittal of the Field Review Form, Caltrans’ Professionally Qualified Staff will review the form and a Field Review meeting will be scheduled with Caltrans' staff, which may include a field visit or online meeting. GHD will provide a Field Review Attendance Roster for the meeting, and GHD’s Project Manager and Environmental Review Manager will attend the meetings with City staff.
D.3. NEPA Environmental Studies
GHD and Bargas will provide the environmental studies and environmental surveys services for the proposed Project. This scope of work includes completion of each technical memorandum described below.
If Caltrans requires technical memorandums or studies different than those listed below, the GHD team can prepare such studies under a modified scope and budget. This scope of work includes addressing one round of comments from Caltrans technical specialists on the technical memorandums.
When the technical memorandums and studies are determined to be complete and sufficient, it is assumed that Caltrans will complete a Categorical Exclusion Checklist for the project.
Natural Environment Study (Minimal Impact)
Bargas will prepare a Natural Environment Study – Minimal Impact (NES-MI) for the project. This no-effect memo is used in lieu of an NES for projects where simple avoidance and/or minimization measures are needed without any need for permits. No effects are anticipated. This streamlined technical document will utilize the pre-approved format to document biological conditions on the project site, including potential Waters of the U.S.
Cultural Resources (APE / ASR / HPSR)
As part of the PES Form review, Caltrans archaeologists will conduct a Section 106 screening for cultural resources and will identify whether additional technical studies will be needed to support the NEPA documentation. This scope of work assumes the potential for the Project to not qualify as a Section 106 screened undertaking, and that Caltrans may request the completion of an Area of Potential Effect (APE), Archaeological Survey Report (ASR), and Historic Property Survey Report (HPSR).
The cultural resources task will begin with the preparation of the APE map. GHD and Bargas will coordinate with the City and Caltrans to define the APE boundaries based on the limits of Project construction, access, and laydown areas. An APE map will then be prepared that delineates the APE of the Project, including both direct and indirect effects.
A cultural resource records search will be requested from the North Central Coastal Information Center (NCIC). The records search will identify known cultural resources and previous investigations within 1.0 mile of the APE. In addition, the Built Environment Resource Directory (BERD) will be reviewed to identify properties listed on or determined eligible for listing on the National Register of Historic Places (NRHP) and the California Register of Historical Resources (CRHR). Historic maps and aerial photographs will be reviewed to assess the potential for the APE to contain historic-age (i.e., 50 years old or older) resources.
Upon approval of the APE map by Caltrans and the City, a pedestrian archaeological survey of all undeveloped portions of the APE will be conducted. In addition, the APE will be examined for the presence of historic-age elements of the built environment. If any resources are identified, they will be mapped and documented in detail.
Bargas will assist the City and/or Caltrans with Native American consultation under Section 106 of the National Historic Preservation Act (NHPA) to identify tribal cultural resources and/or sensitive Native American resources.
The first step is to request a search of the Sacred Lands File (SLF) from the Native American Heritage Commission (NAHC) in Sacramento to identify known Native American resources within or near the Project area. In addition, a list of Native American groups and organizations who should be consulted about the project will be requested. Consultation letters and maps will be drafted and submitted to the City and Caltrans for review. The approved letters will be printed on agency letterhead, and the agency-signed letters will be mailed via certified, return-receipt mail. Up to two (2), follow-up phone calls will be made to each tribal contact. Bargas will notify the City and Caltrans of all responses as they are received and will attend up to two (2) tribal consultation meetings held via conference or video calls. Meeting minutes will be prepared.
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Bargas will prepare an ASR and HPSR to document the methods and results of the records search, literature review, Native American outreach, and field survey. The HPSR is a summary document with the APE map, ASR, and copies of Native American correspondence provided as attachments. The reports will be prepared in accordance with Caltrans’ Standard Environmental Reference (SER) Volume 2 – Cultural Resources.
Section 4(f) De Minimis Determination
GHD will prepare a Section 4(f) de minimis impact determination for the project. A technical memorandum will be developed that provides a de minimis determination for McDonald Park. The memorandum will describe the location of the park, ownership, amenities, description of use, de minimis finding, future coordination and public notice, and any applicable avoidance and minimization measures.
D.4 Phase I Initial Site Assessment (ISA)
GHD will perform an Initial Site Assessment (ISA) of the subject site located along the corridor. The purpose of the ISA is to provide the City with knowledge of potential or known hazardous wastes, materials, and/or contamination, within or adjacent to the project corridor, that may impact project design, decisions, and provide information on pre-existing environmental conditions. Tasks included in the assessment are the Project Screening and ISA Determination.
The ISA will be performed in accordance with the Caltrans “Preparation Guidelines for Initial Site Assessment (ISA) Checklist for Hazardous Waste.” The report will include illustrations and pertinent regulatory agency documentation regarding the Site. The report will also include the ISA Checklist and “Yes or No” Determination from Caltrans Project Development Procedures Manual (PDPM), Appendix DD- Hazardous Waste.
D.4.1 Aerially Deposited Lead (ADL) Survey
The need for an ADL Survey and Report will be based on the analysis and results of the Phase 1 ISA report. Under this optional task, GHD would provide environmental consulting services for the assessment of ADL along the project corridor. The scope of work assumes that the 2016 “Soil Management Agreement for Aerially De- posited Lead-Contaminated Soils” (ADL Agreement) between Caltrans and the California Department of Toxic Substances Control (DTSC) would be used for the Project. This optional task would include preparation of a work plan, health and safety plan, obtainment of permits from the City and Caltrans for drilling, advancement of soil sampling borings, and a summary report of the results.
D.5 Arborist Report
An ISA Certified Arborist from Bargas will conduct a tree inventory survey within the project area boundary.
The survey will include the identification of species and a visual tree assessment to evaluate the overall condition and physical attributes of each tree within 50 feet of the existing Old Auburn Road centerline along the project corridor following the requirements of local tree protection or preservation ordinances.
Trees within the project area boundary will be mapped in the field using a Global Positioning System (GPS) unit capable of sub-meter accuracy. A Bargas arborist will document the size, health, and location of trees whose canopies or driplines fall within the project area boundary and any other areas anticipated for temporary disturbance (i.e., staging / laydown areas, overland access routes). A Bargas arborist will consult with the project engineer and City to assess whether on-site revegetation mitigation for tree impacts is a viable compensatory option.
D.6 Permitting
As the project nears 90% of construction documents, GHD and Bargas will prepare necessary documents to secure the needed permits. This may include a Clean Water Act - Section 401 Water Quality Certification from the State RWQCB, and a Clean Water Act - Section 404 Permit from the USACE (as needed/outlined in the CEQA and NEPA documentation). It is not anticipated that a Streambed Alteration Agreement to fulfill Section 1600 of the California Fish and Game Code will be needed. Based on the review of Google Earth imagery, the onsite swale appears to lack riparian habitat or a defined bed and bank.
Aquatic Resources Delineation
Presence or absence of aquatic features that may be considered jurisdictional by the regulatory agencies could not be determined from review of the Google Earth imagery during the proposal effort. Therefore, a qualified wetland ecologist with Bargas will conduct a delineation of aquatic resources based on literature and field review of the project area. Areas potentially jurisdictional under Section 404 (regulated by the U.S.
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12575433 | GHD Old Auburn Road Phase 1 Scope of Work 9
Army Corps of Engineers) and Section 401 (regulated by the State Water Quality Control Board) will be sampled for hydrophytic vegetation, hydric soils, and wetland hydrology.
Furthermore, evidence of ordinary high water and a significant nexus will be researched. A delineation report will be prepared that will include an introduction, methods, results, and discussion. Soils information, selected photographs and wetland data sheets will be included as appendices. Should the USACE request a site visit to verify the delineation, Bargas will meet the agency in the field. The delineation will serve as the basis for the need for Clean Water Act regulatory permitting.
Biological Resources Assessment Report
Bargas will complete a Biological Resources Assessment Report to support any required permitting applications for the project. This will include thorough review of habitat, special-status species, and jurisdictional wetland databases (both federal and state) as a pre-site visit data gathering task. Historic aerial photographs will be evaluated to aid in assessing habitat present on site. A qualified biologist will conduct a reconnaissance-level survey of the project site to assess the following: the presence of suitable habitat that may support special-status species; the presence of wetland habitat that may be under the jurisdiction of federal or state agencies; and assess the potential for nesting birds. A qualified Bargas biologist will compile the pre-site visit database and aerial review results, and site survey findings into a draft letter report to be submitted to the City for review. A graphic will be prepared detailing potential constraints, or lack thereof. The report will be used in support of preparing complete permitting application packages for applicable permitting agencies.
Clean Water Act – Section 401
California RWQCB GHD will prepare a Clean Water Act - Section 401 Certification application to address water quality issues for regulated activities occurring in, or adjacent, to waters of the state. If no federal permit is required, the Regional Board will regulate under Porter-Cologne Authority.
Clean Water Act - Section 404 Individual Permit Application Based on the aquatic resources delineation results, a regulatory specialist with Bargas will work with the engineering team to assess temporary and permanent impacts to jurisdictional waters. Assuming the impact to waters of the US is less than 1/2 acre, the project should qualify for a Nationwide 14 permit for linear transportation projects. This permit application will require a pre-construction notification. The following supporting materials would be required as a part of the pre- construction notification:
− Aquatic Resources Delineation;
− Complete project plans for those project elements that will encroach on jurisdictional waters. These plans must include a plan view and cross-section drawing that have been reduced to a size that can fit on an 8 ½” X 11” sheet (for inclusion in the Corps’ Public Notice if such is necessary); − NES-MI and Biological Resources Assessment for the project, that will include avoidance, minimization, and mitigation measures proposed for possible impact to endangered species; − Cultural Resources Report; and
− Application Form ENG 4345.
Bargas will compile the reports and supporting documentation required for the Clean Water Act permit application package and will consult with the USACE and the USFWS as needed to facilitate the timely completion of the permitting process.
Clean Water Act – Section 401 California RWQCB
Without a Section 401 Water Quality Certification, the Corps cannot issue the Section 404 permit. A regulatory specialist with Bargas will prepare a Section 401 Water Quality Certification permit package for the project. The application package for the Water Quality Certification will include:
− Aquatic Resources Delineation;
− Section 401 permit application package;
− Project and impact information, including NES-MI and Biological Resources Assessment − Project drawings and
− Fee to the RWQCB to be determined based on either linear feet or acreage of wetland impact, whichever is greater.
Deliverables Include
− CEQA Environmental Memorandum & Notice of Exemption (one (1) draft, one (1) final PDF); − NEPA PES Form/Field Review Form (one (1) draft, one (1) final PDF); − NEPA APE Map (one (1) draft, one (1) final PDF);
− NEPA Historic Properties Summary Report (one (1) draft, one (1) final PDF); Agenda Packet Page 219
12575433 | GHD Old Auburn Road Phase 1 Scope of Work 10
− NEPA Archaeological Survey Report (one (1) draft, one (1) final PDF); − NEPA Section 4(f) De Minimis Determination;
− NEPA Initial Site Assessment Report with findings (one (1) draft, one (1) final PDF); − Arborist Report (one (1) draft, one (1) final PDF);
− Aquatic Resources Delineation Report (one (1) draft, one (1) final PDF); − Biological Resources Assessment (one (1) final PDF); and, − Project Permit Applications and approved permits (PDF, or applicable format).
Assumptions
− All studies will be prepared in the City’s format or Caltrans PDPG format as appropriate; − This project will result in a CEQA Categorical Exemption; − This project will result in a NEPA Categorical Exclusion; − City will pay all required filing and/or mitigation fees separate from the contract with GHD; − The ISA does not include an assessment for asbestos- containing building materials, radon, lead-based paints, lead in drinking water, molds and mildews, indoor air quality, cultural and historic resources, ecological resources, wetlands, threatened or endangered species, industrial hygiene, health and safety, and other Standard Practice non-scope considerations;
− Information requested, but not received by the client or others to prepare ISA report will be considered “data gaps,” will be discussed in the final report relative to the ability to identify conditions indicative of releases and threatened releases of hazardous substances on, at, in, or to the Site; − Environmental liens search will not be conducted for the Project site. If environmental lien searches are requested, additional fees will be incurred; and,
− No more than 100 trees will be surveyed as a part of the project.
E. Right-of-Way Services
GHD, Monument, and UNICO will work with the City to complete the Right of Way acquisition process, as needed to obtain the necessary property rights, and achieve Caltrans Right-of-Way Certification.
E.1 Plats and Legal Descriptions
Upon determination of right of way acquisition needs, UNICO will prepare plats and legal descriptions as needed for the project. Plats and legal descriptions will be prepared for right of way acquisition, temporary construction easements (TCE) and permission to enter and construct (PTEC). UNICO will prepare preliminary plats and legal descriptions for agency review. Upon approval, UNICO will prepare final signed and stamped plats and legal descriptions. The exact amount and locations will be determined upon design and project needs. For this proposal, UNICO will assume the preparation of twenty-five (25) plats and legal descriptions for acquisition, easements or PTEC.
For this scope and fee, UNICO has assumed the preparation of twenty-five (25) plats and legal descriptions for acquisition and TCE.
E.2 Permits to Enter and Construct (PTEC) Agreements
GHD will assist the City in Property Owner meetings and will prepare, amend, and finalize exhibits outlining the extent of the project impacts outside of the public Right of Way. These exhibits will be included in the final PTEC package. Monument will work with the design team and City to finalize PTECs for the incidental work such as utility/driveway connections, and other incidental work occurring outside of the public Right of Way. PTECs provide no permanent property rights and are obtained solely on a voluntary basis without the threat of condemnation. This scope/fee assumes up to twenty (20) parcels may to need PTECs.
Monument will initially contact each property owner with an introductory letter that describes the benefits of the City’s project, explains the proposed work to be performed on the property, and requests the owner sign and return the enclosed Permit to Enter and Construct. For unresponsive owners, Monument’s Acquisition Agent will continue to follow-up by telephone, mail, and personal visit for four weeks until the Permit is either accepted or rejected.
E.3 Right of Way Ac quisition Services
Monument, in coordination with the City and GHD, will perform all appraisal and acquisition services in accordance with, and as applicable, State, and local laws and regulations. This includes, but is not limited to, foundational knowledge in the Uniform Relocation and Real Property Acquisition Act (49 CFR Part 24), as amended, and the California Relocation Assistance and Real Property Acquisition Guidelines (Title 25, California Code of Regulations). Monument will attend the Right of Way kick- off meeting and up to six (6) Agenda Packet Page 220
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additional meetings with the City and GHD to work through any non-responsive owners and/or right of way certification questions.
Appraisal Services
Monument will prepare all appraisals and appraisal reviews for the acquisition of real property in accordance with the 49 CFR Part 24 and with the Uniform Standards of Professional Appraisal Practice (USPAP).
Monument’s Project Manager will provide direct oversight of the appraisal process and will work closely with each to ensure report quality, conformity to required standards, and that reports are completed on time to meet the project schedule. A single “self-contained” appraisal report will be prepared for each property acquisition that will contain relevant project-related data, subject property information, market comparable, and an analysis of the appraiser’s value conclusions. An independent Review Appraiser will review each appraisal report to ensure the appraisal meets minimal reporting requirements and will prepare a separate review report stating the findings.
It should be noted that Appraisals will only be needed for parcels that have planned acquisitions or TCE’s, PTEC’s do not need appraisal services. For this reason, only ten (10) appraisals have been scoped at this time.
Monument’s Acquisition Agent will contact the property owner(s) and, if possible, meet with the owner in person at a convenient location to present the City’s offer within two weeks after receipt of the approved appraisal and determination of just compensation by the City. During this meeting, the agent will discuss the project, explain the property rights affecting the property, review the proposed project design, present the offer to purchase, review the salient information in the appraisal report, review the terms of the Right of Way contract, and answer any questions or concerns the owner may have concerning the process.
Owners will be given a reasonable opportunity to consider offers, present materials they believe are relevant to determining property values and suggest modifications in the proposed terms and conditions of the purchase. Every reasonable effort will be made to acquire the necessary real property rights expeditiously through negotiations. After an offer is accepted and the purchase agreement is approved by the City, Monument’s Escrow Coordinator will transmit the original documents to the escrow company.
E.4 Right of Way Certification
Monument will coordinate with the project engineer, utility relocation, acquisition, and Right of Way engineering managers to ensure their respective activities have been completed in compliance with applicable policy and certification requirements.
Monument will assist the City in the preparation of the submittal package that will include the certification form and compilation of the necessary backup documents. This would generally include deeds, resolutions of necessity, final orders of condemnation, access agreements, cooperative agreements, permits, utility relocation agreements and notices, utility relocation plans, among other documents.
Deliverables Include
− Attendance meetings with the city and property owners; − Up to twenty-five (25) Plat and Legal descriptions for parcels requiring acquisition and/or TCEs; − Permit to Enter and Construct packages for 30 parcels requiring conform/incidental work; − Appraisals, negotiations, offer packages, escrow coordination; and, − Right of Way Certification forms to be added to the City’s Ready to List package to Caltrans
Assumptions
− Access to the project site will be provided to the team with ‘no cost’ encroachment permits − City is willing to review and negotiate amendments to this scope should efforts and coordination exceed anticipated amounts
F. Plans, Specifications, and Estimate (PS&E)
GHD will be the lead designer on the project’s PS&E tasks. As such, GHD shall coordinate with Y&C and UNICO to perform the analysis and documentation for the items listed below.
F.1 Utility Coordination and Co nflict Maps (“B” Letters) GHD will coordinate with the utility purveyors to ensure that all utilities are appropriately identified, any future plans coordinated with this project, and any relocations are adequately addressed. GHD will prepare Agenda Packet Page 221
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a Draft and a Final Utility Policy Certification and Utility Matrix in conformance with the latest Caltrans guidelines.
The maps will facilitate necessary utility relocations. Utility relocations are assumed to be completed prior to the construction of the project or by the utility purveyors’ own forces. If it is necessary to perform some of the utility relocations simultaneously with the project construction, coordination of the phasing of utility relocations will be addressed in the Special Provisions and on the Stage Construction Plans.
GHD will also prepare a Relocation Letter to be signed and sent by City staff to each utility purveyor addressing the needed relocations, anticipated construction schedule, and liability.
F1.2 Potholing
GHD will review the prior maps and logs and the current project design to identify potential conflicts with existing utilities with the proposed project components. These conflicts will be resolved by identifying the depth and location of the existing facility via field explorations (potholing). GHD will coordinate and procure a potholing vendor to perform this task after 65% of designs have been reviewed and potential conflicts have been identified.
The potholing vendor will acquire all necessary encroachment permits from the City and notify the Underground Service Alert (USA) system prior to any work being performed in the field. The vendor will also supply a results summary of the identified utilities including pipe material, depth, and photo of the feature after it has been exposed.
UNICO will perform base mapping of all topographic and potholing surveys. UNICO will map the additional topographic surveys into the previous topographic base file and update the mapping and surface details. As a cost saving measure, UNICO will also coordinate and update the project survey background, as needed, to supplement the existing topographic files.
F.2 Utility Agreements and Notice to Owner Letters (“C” Letters) GHD will prepare draft agreements with the utility owners at the request of the City based on Caltrans Local Assistance Procedures Manual (LAPM). A final conflict map will be prepared for each utility involvement and potholing information will be displayed as part of the 90% plans.
GHD will prepare the Notice to Owner letters and provide a copy to the City for signature and subsequent delivery to the utility companies.
A utility package will be prepared for all affected purveyors to be used in the City’s Ready to List package to Caltrans.
GHD will also prepare a Relocation Letter to be signed and sent by City staff to each utility purveyor addressing the needed relocations, anticipated construction schedule, and liability.
F.3 65% PS&E
65% plans will consist of unchecked, substantially completed plans and reports in conformance with City standards and similar project bidding documents. The following is GHD’s initial estimate of the number of plan sheets that will be prepared for the 65% submittal and submitted to the City in AutoCAD, PDF, MS Word, and MS Excel file formats.
Project Plan Set (110-130 sheets estimated):
− Title Sheet (including utility contact information);
− General Notes / Standard Plans;
− Typical Cross Sections;
− Demolition Plan;
− Layout Plans;
− Grading Plans / Driveway Details;
− Construction Details;
− Utility Plans;
− Drainage Plan/Drainage Profiles (as needed);
− Pavement Delineation and Signing Plans;
− Traffic Handling/Stage Construction Plans (as needed); − Detour Plans (as needed);
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− Erosion Control Plan;
− Landscape/Irrigation Plans (as needed);
− Traffic Signal Plans and Schedules (Y&C); and
− Street Lighting Plan and Details (Y&C).
GHD will prepare draft specifications, drainage report (as needed), water quality report (as needed), and an opinion of probable construction costs estimate based upon the 65% plan details.
Y&C will prepare plans, specifications, and cost estimates (PS&E) for the following electrical items:
− Street and pedestrian scale lighting
− Signal modification at Sunrise Blvd
− Signal modification at Antelope Road
− Signal modification at Fair Oaks Blvd
− Fiber Optic signal interconnect system for Old Auburn Road within the project limits (including connection to City’s Traffic Control Center)
− One Rectangular Rapid Flashing Beacons (RRFB) system
Y&C will coordinate with SMUD in identifying electrical service point locations for any new electrical systems.
UNICO will prepare and sign the approved project control sheet.
F.4 95% PS&E
The City redline comments and GHD comment resolution table from the 65% design review will be submitted to the City with the 95% PS&E submittal. At this time, GHD will also prepare a draft version of the Contract Bid Documents in accordance with the City requirements. GHD will also prepare roadway cross- sections at maximum 50 feet intervals for construction staking.
It is assumed the 95% PS&E will include ten (10) additional plan sheets and will incorporate all pertinent comments to date on the project.
F.5 Constructability/Peer Review
Concurrent with the City and other stakeholder review of the 95% PS&E, GHD will obtain two (2) independent peer reviews. One from a senior GHD staff member with no involvement with the Project’s design or development up to this review date. The second will be from UNICO senior project manager who has no prior information on the project’s design. Comments received from these independent parties will be tabulated and combined with responses to comments from the City/stakeholders and incorporated into the project’s final (Bid) PS&E package.
F.6 Final PS&E
The City redline comments and GHD comment resolution table from the 95% design review will be submitted to the City with the Final PS&E submittal. The Final submittal will be signed by the engineer in responsible charge licensed in the State of California.
Deliverables Include
− Utility Coordination and tracking table;
− Utility conflict maps and relocation letters;
− Utility agreements, notice to owners, and utility certification packages for each impacted utility purveyor; − AutoCAD, PDF, MS Word, and/or MS Excel files for all PS&E deliverables at 65%, 95%, and Final PS&E; − Two (2) independent peer reviews (GHD and UNICO Staff); and, − Responses to comments for each planned submittal.
Assumptions
− Production/reproduction costs of the PS&E and utility packages are reimbursable to GHD; − Potholing will be procured within this scope, but the Vendor’s cost may vary (City will adjust budget if quote exceeds contracted amount)
− City will prepare the final bid-book for the project; and, − City will advertise and administer the project’s construction.
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G. Bidding and Construction Support
G.1 Bidding Support
GHD will assist the City during the bidding phase and provide support as necessary for the successful completion of the project. For budgeting purposes, the following was assumed:
Pre-Bid Meeting
GHD will attend the pre-bid meeting to answer any technical questions and explain key design issues.
Respond to Bidder Inquiries
GHD will assist City staff by answering technical questions from potential bidders. For budget purposes, responses for up to five (5) bidder inquiries have been assumed.
Addenda Preparation
If necessary, provide Draft addenda to the bid package for the City’s approval and release of the revised information. For budgeting purposes, one (1) addendum will be prepared by GHD has been assumed.
Compile Bid Results
GHD will review bids received for responsiveness and reasonableness and compile bid proposals for City’s use in selection.
G.2 Construction Support
GHD will assist the City during the construction phase and provide support as necessary for the successful completion of the project. For budgeting purposes, the following was assumed:
Pre-Construction Meeting and Project Progress Meetings
GHD will attend the project pre-construction meeting to answer any technical questions and attend up to four (4) additional meetings at the City or RE’s request.
Construction Submittal Reviews
Although the Resident Engineer typically reviews most material submittals, GHD will review specific material submittals for specialty items and substitutions as requested by the RE. For budget purposes, a total of four (4) submittals have been assumed.
Respond to Request for Information (RFI)
GHD will provide support to the RE in response to formal RFI’s from the contractor and clarification of questions from the RE and City. For budget purposes, a total of ten (10) RFI’s have been assumed.
Support of Contract Change Orders
GHD will provide advice and technical support for Construction Contract Change Orders (CCOs). For budget purposes, a total of two (2) CCOs have been assumed.
Record Drawings (As-Built Plans)
The City will have the contractor/RE maintain a set of plans that are marked-up with field changes throughout the course of construction. GHD and our subconsultants (as needed) will take the contractor’s marked-up set of plans and make the appropriate edits on the electronic CAD files and produce a final complete set of record drawings for the City’s records and be used in the project grant reporting/ close-out documentation.
G.3 Pre/Post Project Pedestrian Surveys
GHD will procure a vendor to perform the pre/post construction pedestrian and bicycle counts in accordance with the ATP Grant Requirements. Counts will be required for AM and PM peak periods for at- least 3 weekdays and one afternoon day on a weekend. GHD will review and summarize the counts in a brief memorandum to aid in the City’s efforts to close out the project and ATP Grant.
Deliverables Include
− Attendance at pre-bid meeting;
− Up to five (5) bidder inquiries;
− Up to one (1) addenda/addendum package of the bid documents; − Compile bid results for responsiveness and reasonableness; − Attend pre-construction meeting;
− Attend up to four (4) additional construction update meetings; − Up to four (4) construction material submittal reviews; Agenda Packet Page 224
12575433 | GHD Old Auburn Road Phase 1 Scope of Work 15
− Up to ten (10) construction requests for information (RFIs) − Up to two (2) construction change orders (CCOs);
− Project record drawings; and,
− Pre/Post Construction Pedestrian Surveys as outlined in ATP Grant Requirements
Assumptions
− Scope and budget will be reviewed and updated if assumed efforts within this task are exceeded; − RE or City will keep a compiled/complete set of drawings with any markups of changes performed in the field, as needed for the project as-builts; and,
− City will perform all necessary grant reporting and project close-out documentation.
Agenda Packet Page 225
Local Assistance Procedures Manual Exhibit 10-O2
Consultant Contract DBE Commitment
EXHIBIT 10-O2 CONSULTANT CONTRACT DBE COMMITMENT
1. Local Agency: 2. Contract DBE Goal:
3. Project Description:
4. Project Location:
5. Consultant's Name: 6. Prime Certified DBE: 7. Total Contract Award Amount:
8. Total Dollar Amount for ALL Subconsultants: 9. Total Number of ALL Subconsultants:
10. Description of Work, Service, or Materials
Supplied
11. DBE
Certification
Number
12. DBE Contact Information
13. DBE
Dollar
Amount
Local Agency to Complete this Section
14. TOTAL CLAIMED DBE PARTICIPATION
$20. Local Agency Contract
Number:
21. Federal-Aid Project Number:
22. Contract Execution
Date:
Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.
23. Local Agency Representative's Signature 24. Date
25. Local Agency Representative's Name 26. Phone
27. Local Agency Representative's Title
%
IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required.
15. Preparer's Signature 16. Date
17. Preparer's Name 18. Phone
19. Preparer's Title
DISTRIBUTION: 1. Original – Local Agency
2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract.
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654- 6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
July 23, 2015
ATTACHMENT 3
Agenda Packet Page 226
Printed on Recycled Paper
CITY OF CITRUS HEIGHTS
CITY COUNCIL STAFF REPORT
MEMORANDUM
DATE
: July 14, 2022
TO: Mayor and City Council Members
Ashley J. Feeney, City Manager
FRO
M: Casey Kempenaar, Community Development Director
Regina Cave, General Services Director
SU
BJECT: Second Reading – Fire Capital Facilities Impact Fee Ordinance Summary and Recommendation
At
the May 10, 2022 Council Strategic Retreat, the City Council adopted numerous goals including:
At
the June 23, 2022 City Council Meeting, present to City Council for consideration, an analysis and proposed update of the city’s development impact fees.
On
June 23, 2022, the City Council considered a series of actions to update the Fire Facilities Capital Impact Fee including approval of a resolution adopting the Fire Capital Facilities Nexus Study. The Council also introduced, read by title only and waived the first full reading of an Ordinance adding Article XXIX to Chapter 18 of the Citrus Heights Municipal Code for the Fire Capital Facilities Impact Fee.
He
re is a clickable link that provides access to the staff report and action items from the June 23, 2022 City Council meeting for background materials associated with this item:
http
s://www.citrusheights.net/AgendaCenter/ViewFile/Item/6811?fileID=34887 St
aff recommends that the Council approve Ordinance No. 2022-006 an Ordinance of the City Council of the City of Citrus Heights adding Article XXIX to Chapter 18 of the Citrus Heights Municipal Code for the Fire Capital Facilities Impact Fee.
In
addition to this action on July 14, the Council will also be considering a resolution adopting the Fire Capital Facilities Fee.
Item 11
Agenda Packet Page 227
Printed on Recycled Paper
Fiscal Impact
Impa
ct fees will be imposed by the City on behalf of the Fire District on all new construction, except for certain projects exempted by the Ordinance. The City will also collect an administrative fee on top of the Impact Fee, which will be established at 3% of the net Impact Fee. The attached Ordinance includes an annual inflationary adjustment on January 1.
Attachments
1. Ord
inance No. 2022-006 an Ordinance of the City Council of the City of Citrus Heights related to Fire Capital Facilities Impact Fee
Agenda Packet Page 228
1 ORDINANCE 2022-006
AN ORDI
NANCE OF THE CITY COUNCIL OF THE CITY OF CITRUS
HEIGHTS ADDING ARTICLE XXIX TO CHAPTER 18 OF THE MUNICIPAL CODE
RELATED TO FIRE CAPITAL FACILITIES IMPACT FEE
WHEREAS, the Sacramento Metropolitan Fire District (“SMFD”) provides fire protection and medical emergency services in the City of Citrus Heights; and WH
EREAS, the City currently collects from developers within the City , on behalf of SMFD, an impact fee that has been adopted by SMFD; and
WH
EREAS, SMFD uses the proceeds of this impact fee to fund its capital costs necessary to provide services to new development; and
WH
EREAS, SMFD desires to revise the impact fee; and
WH
EREAS, the City now needs to impose the impact fee , and an associated fee for administration of the fee, in order to collect that fee; and WH
EREAS, the City and SMFD will enter into an updated agreement pursuant to which the City will agree to pay the proceeds of the fee to Sac Metro and Sac Metro will agree to spend these proceeds on eligible costs, make certain reports to the City and indemnify the City from certain liabilities; and
WH
EREAS, the City Council desires to adopt an ordinance governing the fee.
Th
e City Council of the City of Citrus Heights, California, ordains as follows:
SE
CTION 1: Article XXIX is added to Chapter 18 of the Citrus Heights Municipal Code to read as follows:
AR
TICLE XXIX FIRE CAPITAL FACILITIES IMPACT FEE
Sect
ion 18.700. Purpose.
A. The Sacramento Metropolitan Fire District provides fire protection and medical emergency services to residential units and non -residential buildings within its service area , including portions located within the City.
B. New development within SMFD’s service area will generate a need to expand existing facilities, construct new fire facilities, and purchase fire and safety equipment to serve the increased population.
C. The purpose of this Article is to use the authority in Article XI, Section 7 of the California Constitution and in the Mitigation Fee Act ( Government Code Section 66000 et seq.) to impose development impact fees to fund the cost of certain facilities and equipment necessary for SMFD to serve new development.
Agenda Packet Page 229
2 Section 18.701. Definitions.
A. “Accessory Dwelling Unit” means an attached or a detached residential dwelling unit occupying the same parcel as the primary dwelling unit, which provides complete independent living facilities for one or more persons as further defined and subject to the requirements of the Municipal Code and applicable State Law. This includes efficiency units and junior accessory dwelling units.
B. “Additional Dwelling Units” mean the net increase in the number of dwelling units on a parcel of real property for residential development.
C. “Additional Floor Area of B uildings” means the net increase in the floor area of buildings as both terms are defined in the Uniform Building Code as adopted by the City (and as described in the building permit) on a parcel of real property for non-residential development.
D. “Administration C osts” mean amounts spent, or authorized to be spent, in connection with the collection, calculation, processing, program development and other management of development impact fees.
E. “Administrator” means the Community Development Director or designee.
F. “Building Permit” means the permit issued o r required for the construction or improvement of additional square footage for any structure pursuant to and as defined by the Building Code.
G. “Development Impact Fee” means the fees levied pursuant to Section 18.703 of this Article.
G. “Developer” means the owner of land that is to be developed as part of a development project.
H. “Development Project” or “Project”. A construction or reconstruction project that requires a zoning permit or building permit under this code.
I. “Development Unit” means (i) dwelling unit for residential developmen t and (ii) square foot for non-residential development.
J. “Fire Chief” means the Fire Chief of the SMFD or designee.
K. “Fire Costs” mean amounts spent, or authorized to be spent, in connection with the planning, financing, acquisition and development of facilities consistent with the Impact Fee Study including, without limitation, the costs of fire protection and emergency response equipment, apparatus, vehicles, and facility site improvements, construction, engineering, design, consulting fees, permit fees, and administration.
L. “Facilities” mean those fire protection facilities and equipment specified in the Impact Fee Study.
M. “Impact Fee Study” means the analysis establishing the legal and policy basis for the imposition of fire protection impact fees for the Sacramento Metropolitan Fire District in compliance with the Mitigation Fee Act as most recently approved by the City Council.
N. “Community Development Director” means the Community Development Director or designee.
O. “Program Rate” means the Development Impact Fee per Development Unit.
P. “SMFD” means the Sacramento Metropolitan Fire District.
Q. “SMFD Capital Facilities Impact Fee City Administration Fund” means the fund of that name established pursuant to Section 18.704
R. “SMFD Capital Facilities Impact Fee Fund” means the fund of that name established pursuant to Section 18.704
Agenda Packet Page 230
3 S. “SMFD Capital Facilities Impact Fee Program” means the funding mechanism for Facilities identified in the Impact Fee Study.
Section 18.702. Adoption of Study and Annual Reporting
A. The City Council shall by resolution approve the Impact Fee Study.
B. The City Council shall annually receive a report pursuant to Government Code Section 66006 on the SMFD Capital Fire Facilities Impact Fee Program C. The City Council may periodically amend the SMFD Capital Fire Facilities Impact Fee Program by resolution at its discretion.
Sect
ion 18.703. Imposition of Development Impact Fees.
Except as otherwise provided in this article, the following fees are hereby imposed upon the developer of each development project in the city as a condition of development : (i) SMFD Capital Fire Facilities Fee and (ii) SMFD Capital Fire Facilities Impact Fee City Administration Fee.
Sect
ion 18.704. Establishment of Administration Fund.
A. The SMFD Capital Facilities Impact Fee City Administration Fund is hereby established.
B. All SMFD Capital Fire Facilities Impact Fee City Administration Fees shall be deposited in such fund.
C. Moneys such fund, and the interest earned thereon, shall be used solely to pay the City’s costs associated with administering the SMFD Capital Fire Facilities Impact Fee Program.
Sect
ion 18.705 Establishment of Impact Fee Fund.
A. The SMFD Capital Facilities Impact Fee Fund is hereby established.
B. All SMFD Capital Fire Facilities Fees shall be deposited in such fund.
C. Moneys such fund, and the interest earned thereon, shall be used solely to fund Fire Costs.
D. The City may enter into an agreement with SMFD pursuant to which the City pays money in the fund to SMFD and SMFD agrees to use such money only for authorized purposes and to account for such money to the City as required by law.
Sect
ion 18.706. Payment of Development Impact Fees.
A. The Development Impact Fees for a development project shall be paid to the City prior to the approval of any building permit for that project.
B. The fees for a development project shall be calculated at the time of payment based on the rate then in effect, unless the use of a lower rate has vested for the project under applicable law.
Agenda Packet Page 231
4 C. The fee shall be calculated separately for each building permit, so if a development project will require multiple building permits, only the fee associated with the development units associated with a building permit need be paid with that permit.
D. If applicable state law does not permit the city to require payment of the fees for a development project on the schedule set forth in Subdivision A of this section, then the fees for that development project shall be paid on the earliest possible schedule that the city is permitted to require such payment under state law. If payment is to be delayed pursuant to this subsection (c), the city shall not issue a building permit to the developer until: (1) the developer and the city enter into a contract for delayed payment as authorized by Section 66007( c) of the California Government Code; (2) such contract is recorded in the manner set forth in that section; and (3) unless the developer is specifically exempt from such requirement under state law, the developer posts a performance bond or a letter of credit from a federally insured, recognized depository institution to guarantee payment of the fees.
Section 18.707. Calculation of Development Impact Fees.
A. For Residential Development, the SMFD Capital Fire Facilities Fee and the SMFD Capital Fire Facilities Impact Fee City Administration Fee shall be calculated pursuant to the following formula:
F = D x P
Where:
F = the amount to be paid by the developer; and
D = the number of Additional Dwelling Units to be constructed or relocated; and P = the applicable Program Rate per dwelling unit most recently adopted by the Council, as annually subject to indexed adjustment pursuant to Section 12 for the residential use type as shown in the Impact Fee Study.
B. For
Non-residential Development within the Program Boundaries, the SMFD Capital Fire Facilities Fee and the SMFD Capital Fire Facilities Impact Fee City Administration Fee shall be calculated pursuant to the following formula:
F = S x P
Where:
F = the amount to be paid by the developer; and
S = the floor area in additional square feet to be constructed, improved, or relocated; and P = the applicable Program Rate per square foot most recently adopted by the Council , as annually subject to indexed adjustment pursuant to Section 12 for the non-residential use type as shown in the Impact Fee Study.
D. For the purpose of calculating Development Impact Fees pursuant to subsection B of this section for non-residential structures to be used for self -storage or mini-storage regardless of the underlying land use designation, the Development Impact Fees shall be calculated using the Agenda Packet Page 232
5 Program Fee for Commercial Structures for those areas used for customer sales and office purposes and the Program Fee for M ulti-family Residential S tructures for any residential unit for the manager/night watch staff.
E. For the purpose of calculating Development Impact Fees pursuant to subsection B of this section for fuel service stations, the floor area in additional square feet of the buildings proposed to be constructed, improved, or relocated from outside of the Program Boundaries, shall include the square footage underneath fueling station canopies or the typical canopy area for a service station if the service station has no canopy.
F. For the purpose of calculating Development Impact Fees pursuant to subsection A of this section a primary residence mobile homes not in a mobile home park shall be treated as single family dwelling unit (if the only dwelling unit on the parcel) or an accessory dwelling uni t (if there is a primary dwelling unit on the parcel).
G. For mixed -use projects, the amount of the Development Impact Fees shall be separately calculated for each use.
Section 18.708. Exemption from Development Impact Fees.
A. Any replacement or reconstruction (no change in use) of any residential unit that is damaged or destroyed as a result of fire, flood, explosion, wind, earthquake, riot, or other calamity, or act of God shall be exempt from the Development Impact Fees.
B. Additions to Single-family Residential Structures provided no change in use occurs and a second full kitchen is not added shall be exempt from the Development Impact Fees.
C. Additions to Multi-family Residential Structures that do not create additional units shall be exempt from the Development Impact Fees.
D. Supporting use square footage in multi -family projects, such as the office and recreation areas required to directly serve the multi -family project shall be exempt from the Development Impact Fees.
E. Non-habitable residential structures such as decks, pools, pool cabanas, sheds, garages, etc., shall be exempt from the Development Impact Fees.
F. Mobile or manufactured homes with no permanent foundation shall be exempt from the Development Impact Fees.
G. The Development Impact Fee shall not be applied to Accessory Dwelling Units that are 749 square feet or less. For all other Accessory Dwelling Units, the Development Impact Fee shall be charged a rate of 50-percent in relation to the square footage of the primary dwelling unit based upon the SMFD Capital Fire Facilities Impact Fee that the primary dwelling unit would pay.
Section 18.709. Refunds.
In the event a Building Permit expires or is canceled for any reason, a claim for refund of the Development Impact Fees paid in connection with the expired or canceled Building Permit may be filed with the Administrator by the applicant or designee who paid the Development Impact Fees. Such refund shall be made from available funds in the applicable fee fund, until such refund is completed.
Section 18.710. Building Permit Expiration and Renewal.
In the event a Building Permit, whether issued before or after the effective date of the ordinance codified in this Article , exp ires, then before such work may be commenced or Agenda Packet Page 233
6 recommenced, a new Building Permit shall be obtained and such Building Permit may be issued only if any increase in the Development Impact Fees imposed pursuant to this Article and in effect on the date of is suance are paid. If refunds were granted pursuant to Section 10, such Building Permit may be issued only if all Development Impact Fees imposed pursuant to this Article in effect on the date of issuance are paid, including the administration fee.
Section 18.711. Annual Program Fee Adjustment.
Beginning January 1, 2023, and subsequently each year on January 1, or as soon as possible thereafter; the Administrator with notice to the Fire Chief , shall authorize the adjustment of the Program Fee for each type of development as follows:
A. A “mean” index will be computed by averaging the index for twenty (20) U.S.
Cities with the index for San Francisco by resort to the January issue of the Engineering News Record magazine Construction Cost Index of the year in which the calculation is being made.
B. An adjustment factor shall be computed by dividing the “mean” index as calculated in subsection A of this section by the “mean” index for the previous January , and, if a new Program Fee has been adopted after January of the previous year, the adjustment factor shall use the “mean” index from the month that the fee was adopted.
C. The adjusted Program F ee per Development U nit shall be calculated by multiplying the adjustment factor, as calc ulated in subsection B of this section, by t he Program Fee per Development Unit in place prior to the annual adjustment.
Sect
ion 18.712. Interaction with Other Fees, Requirements and Exactions.
Except as specifically provided in this code, payment of any fee pursuant to this article shall not be interpreted to exempt any developer or other person from any requirement otherwise imposed upon that person by or pursuant to this code or other applicable law.
Sect
ion 18.713. Regulations. The administrator may promulgate such interpretive regulations for the application of this article as he or she finds necessary or useful.
SE
CTION 2. Effective Date. This Ordinance shall take effect on the sixtieth day following its adoption. However, the actual rates of the fees imposed by this Ordinance will be set by separate resolution, which will make certain findings required by law. Therefore the effective date of the fees will be set by that resolution.
SE
CTION 3. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Citrus Heights hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Agenda Packet Page 234
7 PASSED AND ADOPTED by the City Council of the City of Citrus Heights this 14th day of July 2022 by the following vote:
AYES
: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
Porsche Middleton, Mayor
ATTEST:
Amy Van, City Clerk
Agenda Packet Page 235
Printed on Recycled Paper
CITY OF CITRUS HEIGHTS
CITY COUNCIL STAFF REPORT
MEMORANDUM
DATE
: July 14, 2022
TO: Mayor and City Council Members
Ashley Feeney, City Manager
FRO
M: Casey Kempenaar, Community Development Director
Ryan Jones, City Attorney
SU
BJECT: Purchase and Sale Agreement with Citrus Heights Water District for Proposed Well Parcels on Sayonara Drive
Summary and Recommendation
Ci
ty staff was recently approached by representatives from the Citrus Heights Water District (CHWD) concerning a proposed well water site on Sayonara Drive. CHWD became aware that the City owned parcels on Sayonara Drive are anticipated to be sold to Habitat for Humanity, and upon determining that t his is a potentially prime location for ground water wells for their water infrastructure they contacted the City. This usage is consistent with the needs of the community and providing water infrastructure for the Citrus Heights community. Accordingly, a proposed Purchase and Sale Agreement is presented to the Council for consideration to sell three of the 13 parcels on Sayonara Drive to CHWD.
St
aff recommends the Council take the following motion:
Mot
ion 1: Move to adopt Resolution No. 2022-___ a resolution of the City Council of the City of Citrus Heights, giving the City Manager authority to execute a Purchase and Sale Agreement with Citrus Height Water District.
Fiscal Impact
If the sale is consummated, the revenue generated from the land sale proceeds would go into the housing fund since the sites were originally purchased with housing related funds.
Background and Analysis
The
City Council has been updated periodically regarding the parcels owned by the City along Sayonara Drive. The City owns 13 parcels along Sayonara Drive. The lots were previously Item 12
Agenda Packet Page 236
Subject: Citrus Heights Water District – Purchase and Sale Agreement Date: July 14, 2022
Printed on Recycled Paper
discussed to be sold to and developed by Habitat for Humanity for affordable housing. CHWD is now proposing to purchase three of the 13 parcels for the purpose of potential well development. Those APNs are 243-0276-002-0000, 243-0276-003-0000, and 243-0276-004- 0000 as shown in Attachment 3. The three parcels are located on the southern side of Sayonara Drive and collectively comprise .54 acres. Even if this sale goes through, the remaining 10 parcels are planned to be conveyed to Habitat for Humanity for the affordable housing project presented to the City Council at a previous council meeting.
Th
e general terms for the Purchase and Sale Agreement are as follows. • CHW
D will pay for a commercial appraisal company chosen by the City to conduct a professional appraisal based on the highest and best use of the sites. That appraised amount will serve as the purchase price for the parcels. • CHWD shall pay a $10,000 deposit which is not refundable unless the City breaches the Agreement.
• CHWD has a 90-day due diligence period before closing to determine the viability of the site for a well.
• The due diligence period may be extended for an additional 90 days upon meeting certain triggers, for a potential total due diligence of 180 days from the effective date of the Purchase and Sale Agreement. The outside date to close is January 31, 2023.
Bec
ause this is City owned property, the City addressed the impacts of the Surplus Lands Act.
As such, the City applied to have the property declared exempt surplus land by the California Department of Housing and Community Development (HCD). HCD approved the exemption on June 14, 2022.
We
ll Site Design
The PSA requires CHWD to obtain a Design Review Permit for the construction of the well site.
This entitlement, is reviewed and considered by the Planning Commission. Although design of the site and any infrastructure is not being considered as part of the PSA, CHWD staff have indicated a variety of designs are feasible. CHWD has indicated they will work closely with staff to ensure compatibility with the surrounding neighborhood. The site can be designed to appear residential in nature, similar to the CHWD Bonita Well site (Attachment 2).
En
vironmental Review
The Purchase and Sale agreement is exempt from CEQA per section 15312 related to surplus Government Property Sales.
Agenda Packet Page 237
Subject: Citrus Heights Water District – Purchase and Sale Agreement Date: July 14, 2022
Printed on Recycled Paper
Attachments
1. Re
solution No. 2022-___ a resolution of the City Council of the City of Citrus Heights, giving the City Manager authority to execute a Purchase and Sale Agreement with Citrus Height Water District.
2. CHWD Bonita Well Site Photos
3. Parcel Location Map
Agenda Packet Page 238
RESOLUTION NO. 2022 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITRUS HEIGHTS,
CALIFORNIA, GRANTING THE CITY MANAGER AUTHORITY TO EXECUTE A
PURCHASE AND SALE AGREEMENT WITH THE CITRUS HEIGHTS WATER
DISTRICT TO SELL THREE PARECELS ON SAYONARA DRIVE
WH
EREAS, the City of Citrus Heights owns 13 parcels along Sayonara Drive. The lots were previously intended to be sold to and developed by Habitat for Humanity for affordable housing;
WHEREAS, the Citrus Heights Water District (CHWD) will purchase three of the 13 parcels for the purpose of potential well development. Those APNs are 243-0276-002-0000, 243-0276-003-0000, and 243-0276-004-0000. The three parcels are located on the southern side of Sayonara Drive and collectively make up .54 acres;
WHEREAS, the general terms for the Purchase and Sale Agreement are as follows: The buyer, CHWD, will pay for a commercial appraisal company chosen by the City to conduct a professional appraisal based on the highest and best use of the sites. That appraised amount will serve as the purchase price for the parcels. CHWD shall pay a $10,000 deposition which is not refundable unless the City breaches the Agreement. CHWD has a 90-day due diligence period before closing to determine the viability of the site for a well. The due diligence period may be extended for an additional 90 days upon meeting certain triggers, for a potential total due diligence of 180 days. Thus, CHWD has a total of 180 days of due diligence from the effective date of the Purchase and Sale Agreement, with an outside date to close of January 31, 2023; WHEREAS, because this is City owned property, the City addressed the impacts of the Surplus Lands Act. As such, the City applied to have the property declared exempt surplus land by the California Department of Housing and Community Development (HCD). HCD approved the exemption on June 14, 2022; and
WHEREAS, the City Council finds value in finding water sources for the water district which supports the provision of quality water to the residents of Citrus Heights.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the City Council of the City of Citrus Heights does hereby declare, find, determine and order as follows:
(A) The Recitals set forth above are true and correct and incorporated herein by this reference.
(B) The adoption of this Resolution is not a project under the California Environmental Quality Act because it is the sale of surplus property (CEQA Guidelines 15312). (C) The City Manager is authorized to execute a Purchase and Sale Agreement for three parcels located on Sayonara Drive to the Citrus Heights Water District consistent with the general terms noted in the recitals above.
(D) The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions.
Agenda Packet Page 239
PASSED AND ADOPTED by the City Council of the City of Citrus Heights, California, this 14th day of July 2022, by the following vote, to wit:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
Porsche Middleton, Mayor
ATTEST:
Amy Van, City Clerk
Agenda Packet Page 240
Well Site Design Example
Attachment 2
Citrus Heights Water District Well Site – Bonita Ave, Citrus Heights Agenda Packet Page 241
7794 Sayonara
7800 Sayonara
7804 Sayonara
Attachment 3
Subject Parcels
APN #’s 243-0276-002, 003 & 004
Combined Total .54 acres
Agenda Packet Page 242
Printed on Recycled Paper
CITY OF CITRUS HEIGHTS
CITY COUNCIL STAFF REPORT
MEMORANDUM
DATE
: July 14, 2022
TO: Mayor and City Council Members
Ashley Feeney, City Manager
FRO
M: Casey Kempenaar, Community Development Director
Regina Cave, General Services Director
SU
BJECT: Fire Impact Fee Update
Summary and Recommendation
At the May 10, 2022 Council Strategic Retreat, the City Council adopted numerous goals including:
At
the June 23, 2022 City Council Meeting, present to City Council for consideration, an analysis and proposed update of the city’s development impact fees.
On
June 23, 2022, the City Council considered a series of actions to update the Fire Facilities Capital Impact Fee including adoption of a Fire Capital Facilities Ordinance and approval of a resolution adopting the Fire Capital Facilities Nexus Study. This final action adopting the fire impact fees via resolution at a Public Hearing is now required for the fee approval.
He
re is a clickable link that provides access to the staff report and action items from the June 23, 2022 City Council meeting for background materials associated with this item:
http
s://www.citrusheights.net/AgendaCenter/ViewFile/Item/6811?fileID=34887 Ba
sed on the Study, the Fire Facilities Impact Fees currently collected are insufficient to offset the impacts of new development on Fire Facilities within Citrus Heights. The establishment of the Fire Capital Facilities Fee cannot be adopted until after the second reading of the Fire Capital Facilities Ordinance, preceding this item. The attached resolution will establish an updated Fire Facilities Impact Fee based on the nexus study implementing the Fire Capital Facilities Ordinance.
St
aff recommends the Council take the following motion:
Mot
ion 1: Move to adopt Resolution No. 2022-___ a resolution of the City Council of the City of Citrus Heights, adopting the Sacramento Metropolitan Fire District Capital Facilities (Impact) Fee as shown in Exhibit A.
Item 13
Agenda Packet Page 243
Subject: Fire Impact Fee Update
Date: July 14, 2022
Printed on Recycled Paper
Fiscal Impact
Imp
act fees will be imposed by the City on behalf of the Fire District on all new construction, except for certain projects exempted by the Fire Capital Facilities Ordinance. The City will also collect an administrative fee on top of the Impact Fee, which will be established at 3% of the net Impact Fee.
Th
e previously adopted Ordinance includes an annual adjustment on January 1, by averaging the net percentage change in the Engineering News-Record Construction Cost Index for San Francisco and the 20 U.S, Cities Index for the preceding year.
Background and Analysis
Development Impact Fees Overview
Development Impact Fees (DIF) are one-time fees paid by new development to fund the cost of providing municipal facilities to serve that development. The City’s authority to impose a DIF is subject to the requirements of the Mitigation Fee Act (Gov’t Code Sec. 66000 et seq.) which is sometimes referred to as AB 1600.
A D
IF is premised on the concept that new development pays its own way, or, put another way, new development has to mitigate its own impacts on the system. The Mitigation Fee Act requires that the City Council, when adopting a DIF, determine that there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed and that there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed. This is what makes a DIF a “fee” and not a tax. DIF funds can only be spent on capital costs necessary to serve new development. They cannot be used to fund operating/maintenance costs or to remedy existing service deficiencies.
Existing Fee Context
In 2004, the City began collecting Fire Impact Fees on behalf of the District. These fees have been updated on an annual basis for inflation; however, a comprehensive update has not been completed.
In order to reflect changing demographics, calls for service, facility needs, and anticipated growth, the District contracted with NBS to prepare the Study.
The
Study includes the anticipated costs for existing facilities and planned facilities with estimated building construction cost for future buildings, depreciated replacement cost for existing buildings, and estimated land cost (for future facilities) or land value (for existing facilities).
Th
e Study also includes the replacement cost and depreciated replacement cost for the District’s existing firefighting apparatus and vehicles. The report identifies a cost of nearly $600M in today’s dollars.
Thi
s fee is distributed to new development to cover the costs of serving new development. The fee is based upon 2040 projections of development throughout the District’s territory. The fee is proportionally assigned to varying land uses based upon average calls for service. As illustrated Agenda Packet Page 244
Subject: Fire Impact Fee Update
Date: July 14, 2022
Printed on Recycled Paper
below, the proposed fee increase ranges between 7% for Single Family homes to 68% increase for commercial development. Updated costs and level of service as previously described results in the following proposed Fire Fees.
The
City Council adopted Resolution 2022-_____ on June 23, 2022, approving the Fire Capital Facilities Impact Fee. The Nexus Study recommends the following Fire Capital Facilities Impact Fee:
Ad
ministrative Fee
The Nexus Study recognizes each agency administrating the Fire Fee will incur overhead costs.
Administration of the proposed Fire Fee will involve several administrative tasks including annual adjustment as described below, legal review, fee collection, accounting, reconciliation, and preparation of annual reports. The Ordinance allows the City to apply an administrative fee of three percent (3%) of the Fire Capital Facilities Impact Fee to recover these costs.
Fee Conclusion
Providing adequate fire facilities is important to ensuring community safety for fire prevention, medical aide, and emergency response. The District has an extensive need to improve facilities and equipment to keep up with the growing population within their boundary. Although the D istrict anticipates expenditures of nearly $600M to update and replace facilities/equipment, the Impact Fee is anticipated to generate about $90M in revenue by 2040. The balance of the facility costs are anticipated to be covered by other revenue sources such as grants.
Attachments
1. Re
solution No. 2022-___ a resolution of the City Council of the City of Citrus Heights, adopting the Sacramento Metropolitan Fire District Capital Facilities (Impact) Fee A. Fire Capital Facilities Impact Fee
Lan
d Use Category Existing Fire Fee
[per unit]
Proposed Fire Fee
[per unit or 1,000 SF]
Increase and
Percent Change
Single-Family
Residential $1,478 $1,582 $104/7%
Multi-Family
Residential $1,154 $1,239 $85/7%
Commercial $779 $1,310 $531/68%
Office $1,293 $1,664 $371/29%
Industrial $701 $890 $189/27%
Institutional/Other $1,237 $1,585 $348/28%
Agenda Packet Page 245
RESOLUTION NO. 2022 -
A RES
OLUTION OF THE CITY COUNCIL OF THE CITY OF CITRUS HEIGHTS,
CALIFORNIA, ADOPTING RATES FOR THE FIRE CAPITAL FACILITIES
DEVELOPMENT IMPACT FEE
WH
EREAS, the Sacramento Metropolitan Fire District (“SMFD”) provides fire protection and medical emergency services in the City of Citrus Heights; WHEREAS, the City currently collects from developers within the City, on behalf of SMFD, an impact fee that has been adopted by SMFD;
WHEREAS, SMFD uses the proceeds of this impact fee to fund its capital costs necessary to provide services to new development;
WHEREAS, SMFD desires to update the impact fee and has requested the City’s assistance towards that end;
WHEREAS, the City Council intends, to have the City itself impose the fee, including a complementary three percent fee to cover the City’s costs of administering the fee program; WHEREAS, SMFD caused the preparation of a nexus study for the proposed fee; WHEREAS, SMFD has approved that nexus study and transmitted it to the City; WHEREAS, the nexus study is intended to meet the criteria set forth in Government Code Section 66016.5;
WHEREAS, on June 23, 2022, the City Council held a public hearing regarding the nexus study and Fire Capital Facilities Ordinance;
WHEREAS, notice of the public hearing was published twice, with the first publication occurring not less than 30 days prior to the hearing and the second publication occurring not less than five days after the first publication;
WHEREAS, notice was also mailed, concurrent with the first publication, to any person who had requested such notice;
WHEREAS, the District and the City conducted outreach to interested parties in early 2022 and the City made the nexus study available for public inspection beginning on May 20, 2022;
WHEREAS, at the public hearing the City Council accepted oral and written testimony from all persons desiring to provide comment on the nexus study or the fee; WHEREAS, on June 23, 2022, after closing the public hearing, the City Council, by resolution, approved the nexus study; and
WHEREAS, the City Council has now adopted its Ordinance No. 2022-006, adding Article XXIX (Fire Capital Facilities Impact Fee) to Chapter 18 of the Citrus Heights Municipal Code; and
NOW
, THEREFORE, BE IT RESOLVED AND ORDERED that the City Council Agenda Packet Page 246
of the City of Citrus Heights does hereby declare, find, determine and order as follows:
A) The Recitals set forth above are true and correct and incorporated herein by this reference.
B) The City Council adopts the findings set forth in the Nexus Study.
C) The adoption of this Resolution is not a project under the California Environmental Quality Act because it is the creation of a government funding mechanism that does not involve any commitment to any specific project. (CEQA Guidelines 15378(b)(4).
D) The Impact Fees attached hereto as “Exhibit A” hereby adopted and approved as presented and may be updated annually on January 1, based upon the US Bureau of Labor Statistics Consumer Price Index, all items, San Francisco Area as of October of the previous calendar year, with adjustments, as recommended by the City Manager, rounded to the nearest whole dollar. The fees shall be administered pursuant to Article XXIX of Chapter 18 of the Municipal Code.
E) The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions.
F) This resolution shall take effect on the latest of the sixtieth day following the adoption of the ordinance adding Article XXIX to Chapter 18 of the Municipal Code and the sixtieth day following the adoption of this resolution.
PASSED AND ADOPTED by the City Council of the City of Citrus Heights, California, this 14
th day of July 2022, by the following vote, to wit:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
Porsche Middleton, Mayor
ATTEST:
Amy Van, City Clerk
Exhibits
A. Capital Facilities Nexus Fee
Agenda Packet Page 247
Exhibit A- SMFD Capital Facilities Impact Fee
Land Use Category Proposed Fire Fee
[per unit or 1,000 SF]
Single-Family
Residential $1,582
Multi-Family
Residential $1,239
Commercial $1,310
Office $1,664
Industrial $890
Institutional/Other $1,585
Agenda Packet Page 248
CITY OF CITRUS HEIGHTS
CITY COUNCIL STAFF REPORT
MEMORANDUM
DATE: July 14, 2022
TO: Mayor and City Council Members
Ashley J. Feeney, City Manager
FRO
M: Regina Cave, General Services Director
Mary Poole, Operations Manager
SU
BJECT: Resolution Confirming Report of Delinquent Solid Waste Charges and Ordering Collection of Delinquencies on the Property Tax Roll Summary and Recommendation
Staff recommends the City Council:
1) Conduc
t a Public Hearing on the Report of Delinquent Solid Waste Charges; and 2) Adopt Resolution No. 2022 - ______, A Resolution of the City Council of Citrus Heights Confirming a Report of Delinquent Solid Waste Charges and Ordering Collection of Delinquencies on the Property Tax Roll.
Fiscal Impact
Solid waste pickup service is mandatory throughout most of Sacramento County, including within the City of Citrus Heights. The property owner of record is responsible for payment.
Recording delinquent amounts on the tax roll ensures the City will receive payment for solid waste pickup from owners who do not pay their bi-monthly bill.
Background and Analysis
Section 74-169 of the Municipal Code directs that solid waste charges be a lien against the property to which solid waste services are provided.
Gove
rnment Code Sections 38790.1 and 25831 authorize the City to collect delinquent solid waste charges on the property tax roll. Delinquencies are charges that are at least three months overdue. Amounts on the property tax roll are collected by the County on the annual property tax bills in two equal installments that must be paid by December and April.
A repor
t of delinquencies was prepared by Republic Services and filed with the City Clerk. It lists amounts that were originally due on March 1, 2022 or earlier, and remained unpaid at the time the report was filed. By its Resolution No. 2022-046, adopted on June 23, 2022, the City Council declared its intention to collect delinquencies on the property tax roll and set a public Item 14
Agenda Packet Page 249
Subject: Resolution to Record Delinquent Solid Waste Charges on Tax Roll Date: July 14, 2022
hearing on the report of delinquencies for the July 14, 2022 City Council meeting. Staff mailed notice of the public hearing to each property owner listed on the report at least ten days prior to the scheduled public hearing. The purpose of the public hearing is to give affected property owners a chance to dispute their inclusion on the report (or the amount of the delinquency) before the amount is turned over to the County for collection on the property tax bill.
Th
e original report as filed listed 1058 delinquent accounts, with a past due balance of $407,534.93 and penalties of $40,753.49 for a total of $448,288.42.
An upda
ted report has been filed with the City Clerk to remove delinquencies that have been paid since the original report was produced. The attached resolution confirms that revised report.
The City Council may also make other changes to the report after hearing objections and protests at the public hearing,
It
is possible that some payments will be made to Republic Services after the adoption of tonight’s resolution. If such payments are made prior to submission of the report to the County, staff and Republic Services will endeavor to remove the paid delinquencies from the report.
Attachments
1) Resolution 2022-____, a Re solution of the City Council of the City of Citrus Heights Confirming a Report of Delinquent Solid Waste Charges and Ordering Collection of Delinquencies on the Property Tax Roll
Agenda Packet Page 250
RESOLUTION NO. 2022-
RES
OLUTION OF THE CITY COUNCIL OF THE
CITY OF CITRUS HEIGHTS CONFIRMING A REPORT OF
DELINQUENT SOLID WASTE CHARGES AND ORDERING
COLLECTION OF DELINQUENCIES ON THE PROPERTY TAX ROLL
WH
EREAS, pursuant to Section 74-169 of the Municipal Code, solid waste charges constitute a lien against the property to which services are provided; WH
EREAS, Government Code Sections 38790.1 and 25831 authorize the City to collect delinquent solid waste charges on the property tax roll; WH
EREAS, a report of delinquencies, listing each delinquent parcel and the amount of its delinquency, has been prepared and placed on file in the Office of the City Clerk and made available for public inspection (the “Report’);
WH
EREAS, on June 23, 2022, by its Resolution No. 2022-046 (the “Resolution of Intention”), the City Council declared its intention to collect delinquent solid waste fees on the 2022-23 property tax roll;
WH
EREAS, the Resolution of Intention set July 14, 2022 at 6:00 p.m. in the City Council Chambers, 6360 Fountain Square Drive, Citrus Heights as the time and place for a public hearing on the Report and any objections or protests to the Report (the “Public Hearing”); WH
EREAS, notice of the Public Hearing and the filing of the Report was mailed to the landowners listed on the Report at least ten days prior to the date of the Public Hearing; WH
EREAS, prior to the Public Hearing, a revised report of delinquencies was prepared to omit delinquencies that have been paid since the Report was originally prepared (the “Revised Report”):
WH
EREAS, the Revised Report, which contains no additional delinquencies that were not also on the original Report, is on file in the Office of the City Clerk, available for public inspection, and incorporated herein by reference;
WH
EREAS, at the appointed time and place, the City Council held the Public Hearing and heard objections and protests from all interested persons; and WH
EREAS, the City Council desires to confirm the Revised Report, without additional changes and to cause the delinquencies listed on the Revised Report to be collected by the County along with property taxes.
NO
W THEREFORE BE IT RESOLVED that:
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1. Pursuant to Section 258319(c) of the Government Code, the City Council confirms the Revised Report without additional changes.
2. The City Council directs staff to file a certified copy of the Revised Report with the County Auditor for collection on the 2022-23 Property Tax Roll, and take any other action necessary to cause such collection.
3. The delinquent charges (including penalties and interest) listed on the Revised Report shall constitute special assessments against the respective parcels of land and are a lien on the property for the amount of the delinquency. The assessment shall be collected at the same time and in the same manner as ordinary county ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for those taxes. All laws applicable to the levy, collection, and enforcement of county ad valorem property taxes shall be applicable to the assessment, except that if any real property to which the lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the lien that would otherwise be imposed by this section shall not attach to the real property and the delinquent fees, as confirmed, relating to the property shall be transferred to the unsecured roll for collection.
4. Staff is authorized to remove such items from the Revised Report as are paid prior to the submission of the Revised Report to the County.
PAS
SED AND ADOPTED by the City Council of the City of Citrus Heights, California, this 14th day of July, 2022, by the following vote, to wit:
AYES:
Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
Porsche Middleton, Mayor
ATTEST:
Amy Van, City Clerk
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