Citrus Heights City Council Meetings
August 11, 2022

Caltrans January 2022
Citrus Heights August 2022
Contract. Any reuse by City for another project or project location shall be at City’s sole risk.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federalaid 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 Agenda Packet Page 125
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organization without the prior written approval of City or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.

ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.

ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the 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 CONSULTANT 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 applicable as shown below. In addition, the consultant must include the Title VI Assurances Appendices A and E, and if applicable Appendices B, C, and D in all subcontracts to perform work under the contract.

The clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a 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;
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a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

APPENDIX A
During the performance of this 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.

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CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.

APPENDIX B

CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:

NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the 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, Agenda Packet Page 128
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does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:

1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations(as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)

APPENDIX D

CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE

ACTIVITY, FACILITY OR PROGRAM
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.

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APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 • U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), 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:

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CONSULTANT: Coastland Civil Engineering, Inc.

Travis Williams, Project Manager
11641 Blocker Drive, Ste. 170
Auburn, CA 95603
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 COASTLAND CIVIL ENGINEERING,
INC.

Ashley J. Feeney, City Manager John Wanger, CEO
Date: Date:

Attest:

Amy Van, City Clerk
Approved as to Form:

Ryan R. Jones, City Attorney
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Local Assistance Procedures Manual Exhibit 10-H1 | Cost Proposal Note: Mark-ups are Not Allowed X Prime Sub 2nd Tier Sub Consultant:

Project No.: ATPSB1L-5475 (042) Contract No.: Date:

DIRECT LABOR
Actual Hourly Rate
$ 75.00
$ 80.00
$ 77.98
$ 73.12
$ 116.97
$ -
$ -

LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) c) TOTAL DIRECT LABOR COSTS

INDIRECT COSTS
d) Fringe Benefits Rate: $ 110,249.74
f) Overhead Rate: $ 163,834.06
h) General and Administrative Rate: $ -
j) TOTAL INDIRECT COSTS
FIXED FEE k) TOTAL FIXED FEE 10.00%

CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE
l) TOTAL OTHER DIRECT COSTS

SUBCONSULTANTS' COSTS
m) TOTAL SUBCONSULTANTS' COSTS
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS

TOTAL COST
NOTES:

1. 2.

3. $ 227,134.18
$ 60,015.18
Client: Citrus Heights
City project #20-18-002 5/20/2022
Coastland Civil Engineering, Inc.
$ -
Description of Item
Mileage Costs
Equipment Rental and Supplies
Permit Fees
Plan Sheets
Test
Unit Cost
$ -
$ -
$ -
$ -
Inspector - O/T 160
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.

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. $ -
$ -
$ -
$ 823,340.12
Subconsultant: AIM Consulting $ 28,662.81
$ 227,134.18
Subconsultant:

Subconsultant: $ 33,834.59
Subconsultant: $ 80,384.00
Subconsultant: Silveira Consulting $ 24,237.60
Sierra Geotech
Area West
Knight CM
Quantity
$ -
$ -
$ -
$ -
$ 267,921.60
$ 274,083.80
$ 54,200.54
EXHIBIT 10-H1 COST PROPOSAL | ACTUAL COST-PLUS-FIXED-FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Total
$ 51,000.00
$ 67,200.00
Classification/Title Hours
RE
Asst RE
680
Ray Leftwich 840
Name
Travis Williams
Anticipated salary increases calculation (page 2) must accompany. $ 131,006.40
$ 18,715.20
$ -
Inspector 0 $ -
Inspector 1,680
Total
$ -

41.15%

61.15%
Richard Herrick
Luke Miller
Unit

0.00%
g) Overhead
i) Gen & Admin
e) Total Fringe Benefits
Richard Herrick
$ 267,921.60
ATTACHMENT 1 - COST PROPOSAL
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant Subcons 2nd Tier Subconsultant
SubconsultaAIM Consulting
Project No. Contract No Date 7/17/2022
Range Hours
Actual
Hourly
Rate
Total
Outreach Oversight 11 $ 68.49 $ 753.39
Outreach Manager 41 $ 60.17 $ 2,466.97
Graphic Designer 22 $ 40.87 $ 899.14
Project Coordinator 43 $ 31.25 $ 1,343.75
Project Administrator 58 $ 25.48 $ 1,477.84

LABOR COSTS
6,941.09$
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 6,941.09

INDIRECT COSTS

38.70% ) e) Total Fringe Benefits [(c) x (d)] 2,686.20$

95.20% ) g) Overhead [(c) x (f)] 6,607.92$

40.00% ) i) Gen & Admin [(c) x (h)] 2,776.44$
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 12,070.56
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 10% $ 1,901.16 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
mile $ 0.575 $ 250.00
$ 500.00
$ 500.00
$ 6,500.00
$ -
l) TOTAL OTHER DIRECT COSTS $ 7,750.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 7,750.00 TOTAL COST [(c) + (j) + (k) + (n)] $ 28,662.81

1. 2.

3. Consultant
Project No. Contract No Date 7/17/2022
Anticipated salary increases calculation (page 2) must accompany.

CALCULATIONS FOR ANTICIPATED SALARY INCREASES
AIM Consulting
Arcade Cripple Creek
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 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.

Travel / Mileage - IRS Rate
Meeting Expenses
Printed Materials
Drone
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
Katie DeMaio
Darlene Tran
TBD
TBD
Note: Mark-ups are Not Allowed
Arcade Cripple Creek

DIRECT LABOR
Classification/Title Name
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Task 1 – Construction Management Plan
Coastland will prepare a Construction Management Plan (CMP) for the City’s review within two weeks of contract award. The CMP will describe all team members responsibilities and anticipated level of effort.

Coastland’s goal is to ensure that construction and contract administration is performed in compliance with City requirements and standards and constructed in accordance with the project plans and specifications.

To accomplish this goal, Resident Engineer, Travis Williams along with the Assistant Resident Engineer, Ray Leftwich will manage the day-to-day construction activities with the contractor.

Travis will be accessible to the City at all times. Travis will be responsible for coordination and oversight of all construction management activities. He will review all documents provided to the contractor as well as all documents provided to the City. Ray will assist Travis in preparation of required documents and will coordinate daily with the contractor and inspector.

Coastland’s Construction Management Plan will include the following tasks:
a. Project Organization
b. Meetings
c. Communications Management
d. Preparation of Management Reports
e. Clarifications and Contract Interpretations of Specifications f. Submittals/Shop Drawings
g. Design Modifications
h. Change Orders
i. Schedule Management
j. Claims Management and Resolution
k. Testing and Testing Documentation
l. Progress Pay Estimate Preparation
m. Inspection and Inspection Reporting
n. Defective Work Correction
o. Record Drawings
p. Complaint & Community Relations Procedures
q. Safety
r. Photo/Video Documentation
s. Certified Payroll Review
t. Special Inspections
u. Other Tasks

SCOPE OF WORK
ATTACHMENT 2
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Deliverables:
 Three copies of final Construction Management Plan due prior to the pre-bid conference Staff Assigned:

Travis Williams, PE – Resident Engineer
Ray Leftwich, PE – Assistant Resident Engineer
Rich Herrick – Inspector
Luke Miller – Supplemental Inspector
Schedule: Coastland will submit the Construction Management Plan for the City to review prior to the Pre-bid Conference.

Task 2 – Administration
Coastland will provide construction administration of the project in accordance with all requirements stated in the RFP Section II, as listed below and further described in induvial tasks 3-16.  Comply with CAL-OSHA regulations regarding safety equipment and procedures, and safety instructions issued by the State. Coastland will utilize the Caltrans Construction Manual process for ensuring that the contractor has a safety plan and adheres to the plan. Adherence to the Contractor-generated site-specific safety plan will be one of Coastland’s top priorities to ensure the Contractor is complying with the plan.
 Provide administrative, management and related services as required to coordinate the work of the contractor, to complete the project in accordance with contract documents, State regulations and with the City's objectives for cost, time and quality. Coastland will provide weekly status reports and working days statement to the City. Weekly status reports will include a summary of work that is currently being performed, behind schedule, unresolved deficiencies and defective work, outstanding change orders and status of any claims.
 Coastland will work with GHD (Design Engineer) and the City to identify necessary or desirable changes in the contractor's scope of work, review and evaluate the contractor's request for changes, assist in negotiating the contractor's proposal, submit recommendations to the City supported by field data, and if they are accepted, prepare change orders for signature and the City's authorization.
 Coastland will maintain strict cost accounting records on authorized work performed under unit costs, additional work performed on the basis of actual costs of labor and materials, or other work requiring accounting records.
 Coastland will develop and implement procedures for the review and processing of applications by the contractor for progress payments and final payments. Coastland will make written recommendations to the City for contractor payments.
 Coastland will consult with GHD and the City if the contractor requests interpretations of the meaning and intent of the drawings and specifications, and assist in the resolution of questions, which may arise.
 Coastland will provide a staffing schedule each month for the following month. This schedule will be subject to the City 's approval and will describe where the project stands with regards to percent complete financially, working days remaining and anticipated construction management efforts.

With this schedule all parties can determine if the level of effort is appropriate, and all City expectations are being exceeded.

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 Coastland will manage any utility work to be performed by utility agencies (work not part of the contractor's responsibilities); specifically, Citrus Heights Water District, Sacramento Area Sewer District, SMUD, PG&E, AT&T, and any others impacted by the project.

Deliverables:
 Weekly Status Reports
 Required permits
 Cost Control Program
 Cost Accounting Records
 Progress Payment Recommendations
 Draft and Final Change Orders
 Staffing schedules
 Other reports as required
Staff Assigned:

Travis Williams, PE – Resident Engineer
Ray Leftwich, PE – Assistant Resident Engineer
Schedule: Duration of project.

Task 3 – Documentation of Pre-Construction Conditions
In order to thoroughly document condition of the site prior to construction, Coastland will perform two visits to document conditions. The first visit will be prior to utility relocations where we will focus on the areas near the required utility work. Coastland will take detailed photos which will include time, date and location and a brief description of the subject site. All photos will be uploaded to C-MIS and made available to the City.

The second site visit will take place prior to contractor mobilization. Detailed photographs will be taken of the entire project site and surrounding areas. As with all project photographs, time, date and location will be embedded in the image. By having detailed pre-construction condition photographs, any damage identified during construction can be verified and disputes avoided. Due to the large number of images to be generated, all files will be organized by location and provided to the City electronically.

While project photographs provide good details, they often fail to capture the overall condition of the site.

Coastland will drive the project from beginning to end every week during construction, recording field conditions. These videos have been instrumental on previous projects where accidents or claims have been filed against the project.

Deliverables:
 Copies of all documentation, including photographs, notes, and video Staff Assigned:

Rich Herrick – Inspector
Luke Miller – Supplemental Inspector
Schedule: As described above, pre-construction photographs will be provided prior to utility relocations and again prior to start of construction.

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Arcade-Cripple Creek Trail Project | Page 22
Task 4 – Documentation & Record Keeping
Coastland utilizes a modified Caltrans filing system for all projects regardless of funding sources. For this project, all files will be maintained up do date at the provided office location in accordance with Caltrans requirements. Additionally, all submittals, inspection reports, change orders, RFI’s, project photographs and weekly statement of working days will be tracked through C-MIS allowing immediate access both in the field and the office.

To clearly capture the as-built conditions, our inspector will maintain a fullsize paper copy with redlines of any changes to the planned improvements.

Additionally, these will be reviewed weekly against the office copy to ensure field information is being communicated to the project team and change orders are clearly understood by the field staff.

As the saying goes, “A picture is worth a thousand words.” Coastland has found this to be true on all construction projects. Our inspectors are required to take multiple pictures every hour during construction in addition to their detailed narrative and workforce tracking. These photographs are all uploaded into C-MIS as attachments to daily inspection reports. An example photograph from a current project is shown to the right. Note the image includes location, bearing, time, date, job name and activity.

Deliverables:
 Documents required by this section
Staff Assigned
Travis Williams, PE – Resident Engineer
Ray Leftwich, PE – Assistant Resident Engineer
Rich Herrick – Inspector
Luke Miller – Supplemental Inspector
Schedule: Project files will be set up within two weeks of contract execution. Office files will be moved to the provided space as soon as onsite management is required.

Task 5 – Meetings
Coastland will host a project review meeting with the City at which time we will discuss the project objectives, concerns and clarifications, the communication plan and upcoming work activities. We will work to foster honest, open communication at this meeting between the Coastland team, the City, GHD and other stakeholders. Follow-up meetings will be held as needed during project set up and the bidding process.

Immediately following the award of the construction contract Coastland will be responsible for preparing a pre-construction meeting agenda, inviting all appropriate stakeholders and team members, and hosting the meeting. During this meeting we will establish lines of communication and decision-making roles with all project stakeholders. We will also discuss safety requirements, responsibilities of the project team members, working hours, quality control procedures, environmental requirements, project access and property boundaries/easements, submittal requirements, project schedule, change order and potential claim procedures. Coastland will prepare and distribute meeting minutes to all parties.

During construction, Coastland will host weekly coordination and progress meetings to focus on completed and upcoming work, any construction delays, schedule updates, proposed changes, change orders, Contractor’s questions, public relations, safety and other concerns that are identified by a project team member. City staff will be invited to this meeting but an additional brief meeting with the City is encouraged to discuss overall project goals and status updates.

Deliverables:
 Project Review Meeting with the City and Design Engineer  Pre-construction meeting with the City and all applicable parties related to the project Site Documentation
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 Weekly meetings with the City and all applicable parties related to the project  Any meetings necessary to immediately resolve project issues related to scope, cost, or schedule  Meeting minutes
Staff Assigned
Travis Williams, PE – Resident Engineer
Schedule: As described above.

Task 6 – Schedule Review
Coastland will review the contractor’s construction schedule for accuracy and reasonableness, and will verify that it meets the project schedule, order of work, and contract requirements. Progress schedules will be reviewed weekly to ensure the contractor is meeting the critical dates. If they fail to meet critical dates, it will immediately be brought to their attention and remedies to get back on schedule will be accomplished.

Schedule updates may be required once a month or more. Coastland will assist in the recommendation of any time extensions for the contractor due to change orders, weather, or other delays.

Deliverable:
 Weekly Schedule Review Documentation
Staff Assigned:

Travis Williams, PE - Resident Engineer
Ray Leftwich, PE - Assistant Resident Engineer
Schedule: Baseline schedule required prior to first working day, monthly updates required with progress payment request, 3 week look ahead required weekly during construction.

Task 7 – Cost Control & Monthly Progress Payments
In accordance with Caltrans requirements and City procedures, Coastland will continually review the construction progress and perform field measurements and quantity calculations. Each month Coastland will provide backup calculations for all work items completed and accepted to provide progress payment recommendations to the City. Coastland will review the contractor’s progress pay estimate request and schedule of values to assess if they are reasonable and will compare this to the field measurements and quantity calculations. We will continually monitor project costs and keep the City informed regularly.

Deliverable:
 Cost control tracking documentation
Staff Assigned:

Travis Williams, PE - Resident Engineer
Ray Leftwich, PE - Assistant Resident Engineer
Rich Herrick – Inspector
Luke Miller – Supplemental Inspector
Schedule: Duration of project.

Task 8 – Contract Modifications & Extra Work, Contract Change Orders, Claims During construction, the Coastland team will develop and coordinate all RFI’s, change orders and responses to Notice of Potential Claim (NOPC’s). RFI’s will be coordinated with the design team as appropriate, and responses provided to the contractor. Change orders will be evaluated for both merit, time required, and costs will be verified through an independent evaluation. A change order with attached memorandum will be prepared for City review and if approved, will be incorporated into the project documents. If a NOPC is submitted, immediate action will be taken beginning with a meeting with the project team and the City. Status of all RFI’s, change orders or other outstanding items will be added to the weekly meeting agenda and discussed until resolved.

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City of Citrus Heights
Arcade-Cripple Creek Trail Project | Page 24
Deliverables:
 Contract Modification & Extra Work Documentation
 Draft CCO’s with Recommendation Memorandum
 Final CCO’s
Staff Assigned:

Travis Williams, PE - Resident Engineer
Ray Leftwich, PE - Assistant Resident Engineer
Schedule: Duration of project.

Task 9 – Submittals & Clarifications
Within two weeks of contract award, Coastland will prepare a submittal register that lists all required submittals and their anticipated reviewer. All submittals and RFI’s will be tracked through C-MIS. The contractor will be responsible for uploading all submittals in a format acceptable to the City. C-MIS will act as a submittal log, available to all parties anytime. Additionally, required and pending submittals will be discussed with the contractor at the weekly meetings. If City / design engineer review is required, Coastland will request early submittal by the contractor with sufficient time allowed for a thorough review.

Deliverables:
 Submittal and RFI logs
 Documentation for clarification and interpretation of the project plans and specifications Staff Assigned:

Travis Williams, PE - Resident Engineer
Ray Leftwich, PE - Assistant Resident Engineer
Schedule: Duration of project.

Task 10 – Field Inspection & Quality Assurance
As the boots on the ground, Coastland’s inspectors are critical to the project’s success. Coastland will provide the appropriate number of Inspectors to oversee the contractor’s operations. A brief list of inspector responsibilities is shown below:
 Preparation of daily reports that include work completed, contractor labor and equipment utilized, conversations with the contractor, City or project team, and weather conditions.  Our inspector will maintain daily documentation, resolve issues by proposing field changes to the RE for review and try to avoid any delays.
 Our inspector will review the contractor’s approved traffic control plan to make certain that emergency access is maintained at all times during construction and CAMUTCD standards are followed.
 The inspector shall monitor water pollution control and ensure that control measures are implemented in a timely and effective manner.
 The inspector shall monitor site access and contractors’ operations on a daily basis for possible impacts to public.
 Assist in reviewing contractor’s updated progress schedules for accurate representation of completed activities and reasonableness of projected progress.  Coordinate materials testing with Sierra Geotech for quality control of backfill, compaction, concrete, and paving and other improvements.
 Ensure that the work stays within the boundaries on the plans and that the work area is neat, natural drainage patters are maintained, and swales are protected.  If hazardous materials are encountered during construction, Inspector will coordinate the handling and/or disposal of hazardous materials with the contractor, specialty contractors, disposal sites, and City staff.

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City of Citrus Heights
Arcade-Cripple Creek Trail Project | Page 25
 Provide City staff with sufficient advance notice for any construction activities which may affect or require City resources. Advance notice requirements may vary and shall be made according to contract specifications for each project.
 Public relations - When applicable, the inspector will act as the primary contact for the public during construction and engage Travis when warranted. Coastland’s inspector will meet with property and business owners to keep them informed of anticipated construction activities which may affect them. Inspector will address complaints by meeting with members of the public in a timely manner and follow up with contractor to resolve any complaints. The inspector will maintain a log of complaints which includes the date of the complaint, name of complainant, address, type of complaint, date the contractor was notified, and date complaint was resolved and/or action taken.

Information regarding complaints will be included in the weekly report.  Coordinate and conduct final inspection and assist with preparation of as-built plans.

Deliverables:
 Daily Inspection Reports
 Weekly Reports
 Monthly Complaint Log
Staff Assigned:

Travis Williams, PE - Resident Engineer
Ray Leftwich, PE - Assistant Resident Engineer
Rich Herrick – Inspector
Luke Miller – Supplemental Inspector
Knight CM – Bridge Construction Support
Schedule: Duration of project. Inspection reports will be uploaded daily and available to City review at all times.

Task 11 – Testing
Sierra Geotech’s services will be provided on an as-needed basis as requested by the Coastland team. All materials testing services will be performed by Caltrans-certified testers in accordance with the City’s QAP.

Sierra Geotech’s services will include, but not be limited to:

Materials Testing Plan – QAP Compliance / Constructability Review  Review the City’s QAP, project plans, and specifications  Provide QAP revision/amendment recommendations based on project-specific details.  Prepare a project-specific Materials Testing Plan detailing the required tests grouped by material with reference to the amended QAP and specifications
 Prepare a Materials Testing Log detailing the tests performed, indicating pass or fail, and resolution/follow-up testing, if necessary
 The Materials Testing Log will be updated on a periodic basis throughout the duration of construction
 Assist Coastland with constructability review.

Geotechnical / Materials Testing
 Attend a pre-construction meeting, as requested
 Obtain material samples and perform laboratory compliance testing per the City’s QAP  Observe soil nail drilling, installation, and grouting  Observe soil nail performance and proof testing (by contractor)  Observe soldier pile drilling and installation
 Observe culvert and retaining wall foundation excavations  Perform testing during concrete placements: measure slump, temperature, ball penetration, air content, and unit weight of freshly mixed concrete; cast, transport, cure and test concrete cylinders Agenda Packet Page 144
City of Citrus Heights
Arcade-Cripple Creek Trail Project | Page 26
per QAP
 Perform compaction testing of structure backfill, subgrade, embankment fill, utility trench backfills, roadway subgrade, aggregate base (AB), and HMA pavement Geotechnical Consultation, Project Management, Coordination, Dispatch  Provide on-going geotechnical engineering consultation in the field throughout the duration of the project
 Coordination and dispatch of materials testing technicians  QA review field and laboratory testing reports
 Provide ongoing geotechnical and materials testing engineering consultation  Review/Respond to contractor RFI’s as needed
 Review contractor and supplier submittals, as needed
 Prepare and submit required final reports
Exclusions
 Preparation of a Source Inspection Quality Management Plan (SIQMP)  HMA Job Mix Formula (JMF) verification testing. We assume the contractor will submit a current and valid JMF
 Compliance laboratory testing for liquid asphalt binder (accept based on submittal/certificate of compliance)
Deliverables:
 Copies of all testing results
Staff Assigned:

Sierra Geotech
Schedule: Duration of project.

Task 12 – Review of Certified Payroll – Labor Compliance and Equal Opportunity (EEO) Compliance The City of Citrus Heights Mariposa Avenue SRTS Phase 4 Project is funded through local, state and federal funds. Therefore, the State of California Public Works requirements will also apply in tandem with the Federal Davis-Bacon requirements. With that being said, our approach will be to adhere to the requirements set forth in the Caltrans Standard Specifications, the project Special Provisions and the Caltrans Construction Manual in order to attack both sets of requirements head on and provide a comprehensive review of all labor compliance related documentation to ensure strict compliance with the requirements.

Proposed scope for this effort:
 Prepare labor compliance materials for pre-bid/pre-construction meetings and participate in pre-job conference with contractors and subcontractors - discussing the Labor Compliance provisions of the contract.
 Receive by US Mail, track and confirm contractors' certified payroll records through our in-house tracking program. Including verification that certified payroll has been submitted to the State per the requirements of Labor Code Section 1771.4 (a) (3).
 Review contractors' payment of applicable prevailing wage rates and fringe benefits, along with other state requirements to ensure compliance with the State and Federal reporting requirements.  Track and verify apprentice workers ratios and registration in approved State of California and U.S.

Department of Labor Apprenticeship Programs.
 Monitor construction site for prevailing wage rates and worker classifications through site visits and worker interviews. Also, ensure state and federal jobsite postings are current and workers have access to postings and project wage determinations. Compare site visit data and certified payroll data for inconsistencies.

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City of Citrus Heights
Arcade-Cripple Creek Trail Project | Page 27
 Maintain payroll files. Provide Monthly report, noting active contractors participating onsite, contractors who have completed onsite and those who are delinquent.  Notify contractor and subcontractors of any missing or deficient labor compliance documentation as applicable.
 Provide labor compliance training to the City, contractor and subcontractors throughout the duration of the project.
 Follow-up and report on delinquent payrolls and wage underpayments  Investigate missing and deficient documentation or violations as they pertain to state requirements.

Prepare audit identifying violations and recommended restitution amounts owed to affected worker(s).
 Assist the City in preparation of any required reports to the respective state or federal agency for the purpose of labor compliance.
 Fulfill Public Records Act (PRA) requests for assurance of redaction policies when requested by the City.
 Assist the City in preparation of formal complaints to be sent to Department of Industrial Relations, Division of Labor Standards Enforcement (DIR/DLSE) and or the Department of Labor (DOL), if necessary. Includes recommendations to the City for Withholding of Contract Payments for noncompliance, as necessary
 Update Labor Compliance Forms as needed
 Provide all necessary reports pertaining to labor compliance monitoring to state and federal departments and other regulatory authorities, as needed.  Meet with grantor agency and other government representatives regarding labor compliance issues and responding to compliance issues, as needed.
 Respond to audit requests on behalf of the City, as needed Task 13 – Final Completion & Acceptance
Coastland will verify completion of punch list items, prepare recommendations for final acceptance of the project, review as-builts for accuracy and completeness and prepare and recommend final payment. At the completion of the project, we will provide the City with all contract files and records (hard & electronic files). Additionally, Coastland would be happy to assist the City with any or all required funding documents including the final reimbursement request and post construction audit with Caltrans DLAE.

Deliverables:
 Notice of Substantial Completion
 Punch Lists
 Proposed Final Pay Estimate
Staff Assigned:

Travis Williams, PE - Resident Engineer
Schedule: Upon completion of project.

Task 14 – Other Tasks
Traffic Control/Erosion Control Measures
Coastland will review all traffic control plans for conformance with the currently adopted CAMUTCD. Our Inspector will review traffic control and erosion control measures as often as necessary to assure activities meet with the approved plans and submittals.

Task 15 - Optional Tasks
a. Inspect Landscape & Other Improvements
Any damage identified will be documented and tracked until the contractor repairs the damage to preproject conditions or to plans and specifications.

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City of Citrus Heights
Arcade-Cripple Creek Trail Project | Page 28
b. Contractor Repair of Damage
Coastland will document and track any damage identified during construction and will confirm the contractor repairs the damage to pre-project conditions or to plans and specifications. c. Errors & Omissions
Coastland will notify the City of any errors or omissions that are found on the plans or specifications during construction within one working day after such errors are discovered. d. Visible Emission Evaluations
Coastland will perform routine evaluations of project-related off-road and heavy duty on-road equipment emissions for compliance by personnel ART certified to perform Visible Emission Evaluations.
e. Monitoring of Contractor’s Utility Coordination
Coastland will monitor contractor's coordination with various utility companies. f. CAL OSHA Construction Safety Orders
Coastland will take appropriate action to ensure correction of observed safety violations under the requirements of the CAL OSHA Construction Safety Orders.

Deliverable:
 Documentation of Activities per CMP
Staff Assigned
Travis Williams, PE – Resident Engineer
Ray Leftwich, PE – Assistant Resident Engineer
Rich Herrick – Inspector
Luke Miller – Supplemental Inspector
Jaimie Silveira – Labor Compliance
Schedule: Duration of project.

Task 16 – Project Close Out
Following completion of the work, Coastland will attend the post-construction meeting. The meeting will help document all requirements necessary for final closeout and payment and confirm all contract obligations have been met. Recommendations for improvement will be made and incorporated into future projects. The results of the meeting will be summarized in meeting minutes.

Deliverables:
 All records, maps and plans maintained during construction  All shop drawings, submittals, and manufacturer’s literature maintained during construction  Annotated project progress photographs and videotapes taken of construction project.  Record drawings of field changes
 Original inspection reports, summaries, testing documents, meeting minutes, clarifications, schedules, correspondences and other documents of construction  Red-line record drawings
Staff Assigned:

Travis Williams, PE – Resident Engineer
Ray Leftwich, PE – Assistant Resident Engineer
Luke Miller – Inspector
Schedule: Within 30 days of project completion.

Agenda Packet Page 147
Citrus Heights – Arcade-Cripple Creek Trail Project
AIM Consulting – Proposed Scope of Services
Outreach Management
AIM will provide strategic advice and counsel, review project materials and reports, coordinate with the City and project team, and monitor team communications throughout the project. In addition, AIM will attend a project kick-off meeting and regular coordination meetings by phone with the City and project team members, as needed.

Stakeholder Database and Ongoing Communications
AIM will develop and maintain a stakeholder database throughout the project’s duration. The database will include: stakeholder name, contact information as well as the preferred method of contact. AIM will work with the City and project team to identify key stakeholders, which will include but are not limited to: renters, homeowners, businesses, neighborhood and community groups, CBO, schools, within the project area. AIM will help be the liaison with business and property owners to address their needs during the project.

Community Meetings (1)
AIM will facilitate, plan, coordinate logistics and help develop materials (if needed) for one community meeting.

AIM will record all feedback gathered at the meetings and develop a summary for each that will include meeting synopsis, comprehensive recap of feedback, and photographs that can be posted on the City’s project webpage.

AIM will provide Spanish interpretation services at the meetings.

This community meetings will be with the following topics in mind:

1. Introduce the project

2. Update project and construction timeline

3. Gather feedback
The City will handle any fees related to securing the workshop venues, which includes obtaining insurance certificates.

Community Meeting Notification (1): This may include but is not limited to email notifications, postcards and flyers, and coordination with businesses and community-based organizations for cross-promotion. As needed, AIM will assist with the development of radio and newspaper advertisements.

Project Webpage Content and Communication Collateral
AIM will develop content for a project webpage, to be hosted on the City’s website, and will prepare accurate and timely updates to inform the community-at-large of important project information and opportunities to provide input throughout the project. Community members will be able to access project information, such as maps and a schedule, as well as the opportunity to provide their contact information to receive electronic project updates.

AIM will also develop content and updates regarding upcoming construction activities for the City to post on its existing social media channels including Facebook and Twitter.

Drone Footage
Agenda Packet Page 148
Citrus Heights – Arcade-Cripple Creek Trail Project
AIM Consulting – Proposed Scope of Services
AIM will schedule, coordinate, and monitor 10 drone footage shoots of the alignment through the project area.

The City will assume all costs for this footage.

Agenda Packet Page 149
RESOLUTION NO. 2022-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITRUS

HEIGHTS, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT NO. 7 TO THE CONTRACT FOR PROFESSIONAL SERVICES WITH GHD, INC. FOR CONSTRUCTION SUPPORT FOR THE

ARCADE-CRIPPLE CREEK TRAIL PROJECT
WHEREAS, in November 2016, the City received a $350,000 ($7,015,000 total project cost) regional Active Transportation Program (ATP) grant for the preliminary engineering of the Arcade-Cripple Creek Trail Project;
WHEREAS, in September 2017, the City received a $5,866,000 state Active Transportation Program SB1 Augmentation (ATPSB1) grant for the right-of-way, design, and construction phases of the Arcade-Cripple Creek Project; WHEREAS, on June 28, 2018, the City authorized an agreement with GHD, Inc. in the amount of $470,076.63 for the preliminary engineering phase of the Arcade-Cripple Creek Trail Project;
WHEREAS, on February 28, 2019, the City Council authorized Contract Amendment No. 1 with GHD, Inc. in the amount of $7,534.36;
WHEREAS, on April 11, 2019, the City Council authorized Contract Amendment No. 2 with GHD, Inc. in the amount of $17,606.98;
WHEREAS, on January 23, 2020, the City Council authorized Contract Amendment No. 3 with GHD, Inc. in the amount of $386,662.78;
WHEREAS, on September 10, 2020, the City Council authorized Contract Amendment No. 4 with GHD, Inc. in the amount of $75,075.41;
WHEREAS, on September 9, 2021, the City Council authorized Contract Amendment No. 5 with GHD, Inc. in the amount of $61,122.04;
WHEREAS, on June 30, 2022, the City Manager executed Contract Amendment No. 6 with GHD, Inc. extending the final completion date of the contract; WHEREAS, on June 27, 2019, City Council adopted a Resolution directing staff to proceed with the right-of-way and final design phases of the Arcade-Cripple Creek Trail Project; WHEREAS, the City wishes to amend the agreement to provide professional construction support services;
WHEREAS, Amendment No. 7, in the amount of $60,804.69 will increase the total notto-exceed contract fee to $1,078,882.89; and Agenda Packet Page 150
WHEREAS, the proposed professional services will be paid for with Active Transportation Program (ATP) grant funds, Recreational Trails grant funds, Stormwater Utility (Fund 209), and Measure A (Fund 310), have been budgeted for the Project.

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 Contract Amendment No. 7, in the amount not to exceed $60,804.69, for professional construction support engineering services for the Arcade-Cripple Creek Trail Project.

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 11th day of August, 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 151

AMENDMENT NO. 7 TO CONTRACT FOR PROFESSIONAL

SERVICES FOR THE ARCADE-CRIPPLE CREEK TRAIL PROJECT BETWEEN THE CITY OF CITRUS HEIGHTS AND GHD, INC.

This Amendment No. 7 (the “Contract Amendment No. 7”) is entered into by and between the City of Citrus Heights (“City”), a municipal corporation in the State of California, and GHD, Inc., as of ____________________, 2022.

RECITALS
WHEREAS, the City and Consultant previously entered into that Contract for Professional Design Services for the Project Approval/Environmental Documentation (PA/ED) phase of the Electric Greenway Trail Project dated June 28, 2018 (the “Agreement”); WHEREAS, on February 28, 2019, Contract Amendment No. 1 in the amount of $7,534.36, was executed to perform additional environmental studies;
WHEREAS, on April 11, 2019, Contract Amendment No. 2 in the amount of $17,606.98, was executed to perform additional technical reports and environmental studies; WHEREAS, on January 23, 2020, Contract Amendment No. 3 in the amount of $386,662.78, was executed to perform professional services for the final engineering design (PS&E) and rightof-way (ROW) phases; WHEREAS, on September 10, 2020, Contract Amendment No. 4 in the amount of $75,075.41, was executed to perform additional professional services; WHEREAS, on September 9, 2021, Contract Amendment No. 5 in the amount of $61,122.04, was executed to perform additional professional services for the PS&E and right-of-way ROW phases;
WHEREAS, on June 30, 2022, Contract Amendment No. 6 was executed to extend the duration of the agreement, resulting in a new termination date of June 30, 2023; WHEREAS, the City and Consultant now wish to execute Contract Amendment No. 7 to perform construction support services; and
WHEREAS, the City and Consultant also agree to increase the maximum compensation allowed under the Agreement by sixty thousand eight hundred four dollars and sixty-nine cents ($60,804.69) for an amended total compensation of not to exceed one million seventy eight thousand eight hundred eighty two dollars and eighty nine cents ($1,078,882.89).

NOW, THEREFORE, the City and Consultant agree as follows:

1. Introduction. The City and Consultant agree to modify the Agreement to include the Additional Work. Article I, Section A of the Agreement, “INTRODUCTION,” is hereby amended to read as follows:

Agenda Packet Page 152

“A. The work to be performed under this contract is described in Article II entitled Statement of Work and the approved CONSULTANT’s Cost Proposals dated June 6, 2018, January 21, 2019, March 19, 2019, December 20, 2019, August 26, 2020, August 19, 2021, and July 15, 2022. The approved CONSULTANT’s Cost Proposals are attached hereto as Exhibits A, A1, A2, A3, A4, A5 and A6 and incorporated by reference. If there is any conflict between the approved Proposals and this contract, the contract shall take precedence.”

2. Statement of Work. The City and Consultant agree to modify the Agreement to include the Additional Work. The first paragraph of Article II, of the Agreement, “STATEMENT OF WORK,” is hereby amended to read as follows:
“Subject to the terms and conditions set forth in this Agreement, CONSTULTANT shall provide to City the services described in the Scope of Work attached as Exhibits A, A1, A2, A3, A4, A5 and A6, and incorporated herein, at the time and place and in the manner specified therein.

3. Compensation. City and Consultant also agree to increase the maximum compensation allowed under the Agreement by sixty thousand eight hundred four dollars and sixty-nine cents ($60,804.69). Article V, Section H of the Agreement “ALLOWABLE COSTS”, is hereby amended to read as follows:
“B. In addition to the allowable incurred costs, CITY will pay CONSULTANT a fixed fee of $45,062.54. The fixed fee is nonadjustable for the term of the contract, except in the event of a significant change in the scope of work and such adjustment is made by contract amendment.

“H. The total amount payable by CITY including the fixed fee shall not exceed $1,078,882.89.”

4. Exhibits. The Additional Work described under Sections 1 and 2 of this Amendment and the fee estimate of such work described under Section 3 of this Amendment are attached hereto as Attachment 1 and shall become Exhibit A6 to the Agreement.

5. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect, including but not limited to, the terms and conditions regarding timing of payment, insurance and indemnification, and standard of care.

SIGNATURES ON THE FOLLOWING PAGE
Agenda Packet Page 153

CITY OF CITRUS HEIGHTS
By: Date:

Ashley J. Feeney, City Manager
Attest

Amy Van, City Clerk
Approved as to Form

Ryan Jones, City Attorney
GHD, INC.

By: Date:

Title:

Agenda Packet Page 154
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Note: Markups are Not Allow Prime Consultant Subconsultant 2nd Tier Subconsultant Consultant GHD Inc. Contract No. 20-18-002 Date Revised 7/15/2022

DIRECT LABOR
hours Actual Hourly Rate Total
0 $ - $ -
24 $ 90.63 $ 2,175.12
62 $ 76.44 $ 4,739.28
45 $ 52.36 $ 2,356.20
68 $ 63.62 $ 4,326.16
0 $ 28.13 $ -
0 $ 63.57 $ -
0 $ 27.85 $ -
6 $ 20.00 $ 120.00

LABOR COSTS
a) Subtotal Direct Labor Costs $13,716.76
b) Anticipated Salary Increases (see page 2 for calculation) $0.00 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $13,716.76

INDIRECT COSTS
d) Fringe Benefits (Rate: 32.33%) e) Total Fringe Benefits [(c) x (d)] $4,434.63 f) Overhead & G&A (Rate: 150.30%) g) Overhead [(c) x (f)] $20,616.29 h) General and Administrative (Rate: %) i) Gen & Admin [(c) x (h)] $0.00 j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $25,050.92
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10.0%] $ 3,876.77 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
1 mile $ 1,144.00 $ 1,144.00
0 LS $0.00 $ -
0 ea $0.00 $ -
0 ea $0.00 $ -
0 ea $0.00 $ -
0 ea $0.00 $ -
l) TOTAL OTHER DIRECT COSTS $ 1,144.00
m) SUBCONSULTANT'S COSTS (Add additional pages if necessary) Subconsultant 1: Y&C Transportation $ 5,000.00
Subconsultant 2: Alta Planning & Design $ 5,016.24
Subconsultant 3: HDR (formerly WRECO) $ 7,000.00
$ -
m) TOTAL SUBCONSULTANTS' COSTS $ 17,016.24
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l)+(m)] $ 18,160.24 TOTAL COST [(c)+(j)+(k)+(n)] $ 60,804.69
NOTES:
ꞏ Employees subject to prevailing wage requirements to be marked with an *. ꞏ ODC items should be based on actual costs and supported by historical data and other documentation. ꞏ ODC items that would be considered “tools of the trade” are not reimbursable. ꞏ ODC items should be consistently billed directly to all clients, not just when client will pay for them as a direct cost. ꞏ ODC items when incurred for the same purpose, in like circumstances, should not be included in any indirect cost pool or in overhead rate.

Environmental Planner D3
Engineer D3
Principal Douglas Ries
Project Manager Lindsey VanParys
Assistant PM Daniel Kehrer
EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3

ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Costs for Phase 2 - PS&E/CON
Classification/Title Name
Engineer
Snr. Enviro. Planner
Snr. Engineer
Copies (11x17")
Administrative Support Administration
Description of Item
Other Direct Costs (reproduction, mileage, etc)
Postage
Copies (8.5x11)
Plots (Color oversize)
Plots (24"x36")
Engineer A2
Engineer D3
Technician/Technologist B3
Survey Manager
Survey Technician
X
ATTACHMENT 1
Agenda Packet Page 155

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 2 Year Contract
Rate Duration
$13,716.76 = $66.91 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
Year 1 $66.91 + = $70.26 Year 2 Avg Hourly Rate
Year 2 $70.26 + = $73.77 Year 3 Avg Hourly Rate
Year 3 - + = - Year 4 Avg Hourly Rate
Total Hours
per Year
Year 1 100.00% * = 205.0 Estimated Hours Year 1
Year 2 0.00% * = 0.0 Estimated Hours Year 2
Year 3 0.00% * = 0.0 Estimated Hours Year 3
Total 100% = 205.0
Year 1 $66.91 *= $13,716.76 Estimated Hours Year 1
Year 2 $70.26 *= $0.00 Estimated Hours Year 2
Year 3 $73.77 *= $0.00 Estimated Hours Year 3
= $13,716.76
= $13,716.76
= Transfer to Page 1
Increase $0.00
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 yr. 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 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)
Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal
205
Proposed Escalation
5%
5%

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Total Hours
Completed Each Year per Cost Proposal
Total Direct Labor Cost with Escalation
205.0

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) Estimated Total of Direct Labor Salary
205
0 0
Direct Labor Subtotal before Escalation
205.0
Agenda Packet Page 156
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant X Subconsultant 2nd Tier Subconsultant Contract No. Date 06/26/2022
Hours Actual Hourly Rate Total

2.0 $ 105.75 $ 211.50

9.0 $ 98.25 $ 884.25

8.0 $ 62.00 $ 496.00

8.0 $ 39.00 $ 312.00

4.0 $ 34.50 $ 138.00

4.0 $ 31.00 $ 124.00

5.0 $ 21.00 $ 105.00
$ -
$ -
$ -
$ -
$ -

40.0 $ 2,270.75
a) $ 2,270.75
b) $ 34.06
$ 2,304.81

INDIRECT COSTS
d) Rate: 54.29% $ 1,251.28
Rate: 34.84% $ 803.00
h) Rate: $ -
$ 2,054.28

10.00% $ 435.91
Quantity Unit Unit Cost Total
100 mile $ 0.585 $ 58.50
2 each $ 50.00 $ 100.00
1 each $ 46.50 $ 46.50
$ -
$ -
$ 205.00
$ -
$ -
$ -
$ -
$ -
$ 205.00
$ 5,000.00

1. 2.

3. DIRECT LABOR
Total:

LABOR COSTS
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. l) TOTAL OTHER DIRECT COSTS
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) Subconsultant 1:

Subconsultant 2:
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)]
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee
Description of Item
Mileage Costs
Express Mails / Deliveries (at cost)
Outside Copying
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)]

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.

City of Citrus Heights Electric Greenway Construction Support Classification/Title
(DESIGN, ENGINEERING, AND ENVIRONMENTAL STUDIES)
Name
Daniel Yau
Engineer XI Kin Chan
Engineer XII
Engineer VI
Engineer III
Meng Yang
Tech II
Engineer II
Shannon Liao
William Chan
Anson Huynh
Jason Nguyen

January 2018
Agenda Packet Page 157
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
$2,270.75 / 40.0 = $56.77

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 $56.77 + 3.0% = $58.47
Year 2 $58.47 + 3.0% = $60.23
Year 3 $60.23 + 3.0% = $62.03
Year 4 $62.03 + 3.0% = $63.89

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 50% * 40.0 = 20.0
Year 2 50% * 40.0 = 20.0
Year 3 0% * 40.0 = 0.0
Year 4 * 40.0 = 0.0
Year 5 * 40.0 = 0.0
Total 100% Total = 40.0

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 $ 56.77 * 20.0 = $1,135.38
Year 2 $ 58.47 * 20.0 = $1,169.44
Year 3 $ 60.23 * 0.0 = $0.00
Year 4 $ 62.03 * 0.0 = $0.00
Year 5 $ 63.89 * 0.0 = $0.00
Total Direct Labor Cost with Escalation = $2,304.81
Direct Labor Subtotal before escalation = $2,270.75
Estimated total of Direct Labor Salary Increase = $34.06 NOTES:

1. 2.

3. 4.

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)
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
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

January 2018
Agenda Packet Page 158
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:

January 2018

Provide design support for electrical items during construction. [email protected]
Date of Certification (mm/dd/yyyy): 06/26/2022
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.

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:

Agenda Packet Page 159
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant
Project No. Contract No. PO#11179688
Actual
Hourly Rate
$59.60 $
$30.77 $

LABOR COSTS
$1,622.78
b) Anticipated Salary Increases (see page 2 for calculation) $24.34 $704.97
$2,208.13
$0.00
FIXED FEE ]
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Unit Cost
m) SUBCONSULTANT'S COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l)+(m)] TOTAL COST [(c)+(j)+(k)+(n)]
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

January 2020
Brian Burchfield
Carmela Sambo
Date
Designer
8/11/2021

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. l) TOTAL OTHER DIRECT COSTS $0.00
$0.00
(**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. $0.00
$0.00
$5,016.24
$0.00
14 430.78
k) TOTAL FIXED FEE [(c)+(j)] x fixed fee 10.0%
$2,913.10
$456.02
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)]
e) Total Fringe Benefits [(c) x (d)]
a) Subtotal Direct Labor Costs
c) TOTAL DIRECT LABOR COSTS [(a) + (b)]

INDIRECT COSTS
g) Overhead [(c) x (f)]
34 i) Gen & Admin [(c) x (h)]
Description of Item Quantity
$0.00
Total
$0.00
$0.00
$1,647.12
d) Fringe Benefits (Rate: 42.8 %)
f) Overhead (Rate:134.06 %)
Unit
h) General and Administrative (Rate: 0.00 %)
EXHIBIT 10-H COST PROPOSAL Page 1 of 3
COST-PLUS-FIXED FEE OR LUMP SUM or FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Alta Planning + Design, Inc.

Prime Consultant Subconsultant 2nd Tier Subconsultant

DIRECT LABOR
Classification/Title Name Hours Total
Citrus Heights Electric Greenway
Project Manager 20 1,192.00
Agenda Packet Page 160
The Power of Commitment
ACCT Project Construction Support Services | 11176988
Scope Amendment for Construction Support Services
Scope of Services
Arcade-Cripple Creek Trail Project
Task H.3: Construction Support Services
The worked performed under this task is intended to provide design related assistance and input for construction contractor/ resident engineer (RE) questions, submittals, requested design changes, meeting requests, and documentation of the project’s as-built plans.

Tasks identified for this anticipated effort includes:
 Management & Coordination Meetings:
o GHD will continue to provide project management services consistent with the existing contract for the duration of construction.
o Up to 8 Coordination Meetings have been budgeted. It is assumed 3 will be in person and 5 will be virtual.
 Resident Engineer (RE) Pending File
o GHD will prepare an electronic compilation of the project information, background and guidance collected during the previous phases of the project that are necessary to administer the construction contract.
o A draft will be provided to the City in MSWord format for revisions and edition of City obtained information and background on the project.
o The final version of the RE Pending File will be provided in electronic format to the City for distribution to the RE.
 Request for Information (RFI) responses
o Up to 15 RFI responses have been budgeted.
o RFI responses are assumed to be provided in written and provided through email or tracking program run by the RE or Contractor.
 Submittal Reviews
o The GHD team will review up to 10 products submittal reviews o This assumes the RE will review and approve the majority of the submittals for conformance with the project specifications and City/County Standards  Plan Revisions/Change Orders (CCO’s)
o For budgeting purposes, up to 4 plan changes/CCO’s
o It is assumed no more than 4 plan sheets need to be edited per CCO  (As Needed) Geotechnical Consultation for any differing site conditions and/or changes to foundation plans.
 Project as-built plans per Resident Engineer’s field markups on the Plans Agenda Packet Page 161
Printed on Recycled Paper
RESOLUTION NO. 2022-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITRUS HEIGHTS,

CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT

WITH THE SACRAMENTO TREE FOUNDATION TO PROVIDE PROFESSIONAL

SERVICES FOR TREE PLANTING, MONITORING AND OUTREACH SERVICES WHEREAS, trees play an important role in the quality of life of a community in providing needed shade and cooling, aesthetic beauty, and increased property values; WHEREAS, the planting of trees today allows us to pass along a legacy of community and environmental awareness to future generations;
WHEREAS, the City wishes to plant and maintain trees along the future Arcade-Cripple Creek Trail alignment;
WHEREAS, the City further wishes to educate and engage the public regarding the importance of trees;
WHEREAS, in accordance with City purchasing policy procedures, the City developed a scope of work with the Sacramento Tree Foundation to provide professional services for the tree planting, monitoring and outreach;
WHEREAS, the Sacramento Tree Foundation is skilled at incorporating community education about the process and importance of maintaining a healthy urban forest; WHEREAS, the City desires to enter into a Professional Services Contract with the Sacramento Tree Foundation in an amount not to exceed $135,645.95; and WHEREAS, the proposed professional services will be paid for with Tree Mitigation Funds (Fund 261).

NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Citrus Heights that the City Manager is authorized to execute an Agreement for Professional Services with the Sacramento Tree Foundation.

PASSED AND ADOPTED by the City Council of the City of Citrus Heights this 11th day of August, 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 162
Consulting Services Agreement between August 11, 2022
City of Citrus Heights and Sacramento Tree Foundation Page 1 of 12

CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF CITRUS HEIGHTS AND

SACRAMENTO TREE FOUNDATION
(Standard Agreement)
THIS Agreement (“Agreement”) for consulting services is made by and between the City of CITRUS HEIGHTS (“City”) and Sacramento Tree Foundation (“Consultant”) (together referred to as the “Parties”) as of August 11, 2022 (the “Effective Date”).

Section 1. 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 Exhibit A, and incorporated herein, at the time and place and in the manner specified therein.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on April 30, 2027 or the date the Consultant completes the services specified in Exhibit A, whichever occurs first, unless the term of the Agreement is otherwise terminated or extended, as referenced herein.

1.2 Standard of Performance. 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.

1.3 Assignment of Personnel. 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.

1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided herein above and to satisfy Consultant’s obligations hereunder.

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed one hundred thirty-five thousand six hundred forty-five dollars and ninety-five cents $(135,645.95), as set forth in Exhibit A, attached hereto and incorporated herein for services to be performed and reimbursable expenses incurred under this Agreement, unless authorized by the City Manager. This dollar amount is not a guarantee that the City will pay that full amount to the Consultant, but is merely a limit of potential City expenditures under this Agreement.

Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant.

Agenda Packet Page 163
Consulting Services Agreement between August 11, 2022
City of Citrus Heights and Sacramento Tree Foundation Page 2 of 12

Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information, unless waived by the City Manager, or his or her designee:
 Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
 The beginning and ending dates of the billing period;  A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
 At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;  The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
 The Consultant’s signature.

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall pay undisputed invoices that comply with the above requirements within 30 days from the receipt of the invoice.

2.3 Final Payment. Consultant shall submit its final invoice within 60 days of completing its services. Consultant’s failure to submit its final invoice within this 60 day period shall constitute Consultant’s waiver of any further billings to, or payments from, City.

2.4 Reimbursable Expenses. Reimbursable expenses, if any, are specified in Exhibit A and included in the total compensation referenced in Section 2.

Expenses not listed in Exhibit A are not chargeable to, or reimbursable by, City.

2.5 Payment of Taxes. Consultant is solely responsible for the payment of all federal, state and local taxes, including employment taxes, incurred under this Agreement.

Agenda Packet Page 164
Consulting Services Agreement between August 11, 2022
City of Citrus Heights and Sacramento Tree Foundation Page 3 of 12

2.6 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a written authorization from the City Manager, or his or her designee.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement
Section 4. INSURANCE REQUIREMENTS. 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.

4.1 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 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.

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 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.

4.2.2 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.

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:

Agenda Packet Page 165
Consulting Services Agreement between August 11, 2022
City of Citrus Heights and Sacramento Tree Foundation Page 4 of 12

a. The Commercial General and Automobile Liability Insurance shall cover on an occurrence basis.
b. 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. c. 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. d. The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately.
e. Consultant agrees to give at least 30 days prior written notice to City before coverage is canceled or modified as to scope or amount.

4.3 Professional Liability Insurance.

4.3.1 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 $1,000,000 per occurrence or claim covering the Consultant’s errors and omissions.

4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. 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.

Agenda Packet Page 166
Consulting Services Agreement between August 11, 2022
City of Citrus Heights and Sacramento Tree Foundation Page 5 of 12

c. 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.
d. 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.

4.4 All Policies Requirements.

4.4.1 Submittal Requirements. Consultant shall submit the following to City prior to beginning services:
a. Certificate of Liability Insurance in the amounts specified in this Agreement; and
b. Additional Insured Endorsement as required for the General Commercial and Automobile Liability Polices.

4.4.2 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.

4.4.3 Deductibles and Self-Insured Retentions. Insurance obtained by the Consultant shall have a self-insured retention or deductible of no more than $100,000.

4.4.4 Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

4.4.5 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.

Agenda Packet Page 167
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4.4.6 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.

4.4.7 Excess Insurance. If Consultant maintains higher insurance limits than the minimums specified herein, City shall be entitled to coverage for the higher limits maintained by the Consultant.

4.5 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.

Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.

5.1 General Requirement. To the fullest extent permitted by law, Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers (collectively, “Indemnitees”) from and against any and all liability, loss, damage, claims, expenses, and costs, including without limitation, attorney’s fees, costs and fees of litigation, (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the services under this Agreement, or its failure to comply with any of its obligations contained in this Agreement, or its failure to comply with any applicable law or regulation, except such Liability caused by the sole negligence or willful misconduct of City.

Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damage or claims for damages whether or not such insurance policies shall be been determined to apply.

5.2 PERS Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City Agenda Packet Page 168
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for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Section 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City.

6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

Consultant shall also, to the extent required by the California Labor Code, pay not less than the latest prevailing wage rates as determined by the California Department of Industrial Relations.

7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have, and will maintain at their sole cost and expense, all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City.

7.4 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, genetic information, marital status, sex, sexual orientation, gender or gender identity, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the Agenda Packet Page 169
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provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. Upon ten days’ prior written notice, City may cancel this Agreement at any time and without cause upon such written notification to Consultant. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.

8.2 Amendments. The parties may amend this Agreement only by a writing signed by the parties hereto.

8.3 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the City Manager, or his or her designee. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the City Manager, or his or her designee.

8.4 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant, including but not limited to the provisions of Section 5, shall survive the termination of this Agreement.

8.5 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

8.5.1 Immediately terminate the Agreement;

8.5.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
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8.5.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or

8.5.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.

8.5.5 The remedies mentioned in this Agreement are not exclusive of any other right, power or remedy permitted by law. The City’s failure or delay in exercising any remedy shall not constitute a waiver of such remedy or preclude the further exercise of City’s rights.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement, and the City may use, reuse or otherwise dispose of the documents without Consultant’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential drafts and will not be released to third parties by Consultant without prior written approval of City.

9.2 Consultant’s Books and Records. Consultant shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Pursuant to Government Code Section 8546.7, the Agreement may be subject to the examination and audit of the State Auditor for a period of 3 years after final payment under the Agreement.

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Section 10 MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in Sacramento County or in the United States District Court for the Eastern District of California.

10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

10.6 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

10.7 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10.8 Notices. Any notice, demand, request, consent or approval that either party is required to give the other pursuant to this Agreement, shall be in writing and may be given by either (i) personal service, or (ii) certified United States mail, postage Agenda Packet Page 172
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prepaid, return receipt requested,. Notice shall be effective upon personal delivery or delivery to the addresses specified below, as reflected on the receipt of delivery or return receipt, as applicable.

Consultant : Sacramento Tree Foundation
191 Lahtrop Way, Ste D
Sacramento, CA 95815
City: City of Citrus Heights
6360 Fountain Square Drive
Citrus Heights, CA 95621
ATTN: City Manager

10.9 Professional Seal. Where applicable in the determination of the City Manager, or his or her designee, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility.”

10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. To the extent there are any inconsistences between this Agreement, the Exhibits, and Consultant’s proposal, the Agreement shall control.

10.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.12 Construction of Agreement. Each party hereto has had an equivalent opportunity to participate in the drafting of the agreement and/or to consult with legal counsel. Therefore, the usual construction of an agreement against the drafting party shall not apply hereto.

10.13 No Third Party Beneficiaries. This Agreement is made solely for the benefit of the parties hereto, with no intent to benefit any third parties.

SIGNATURES ON FOLLOWING PAGE
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The Parties have executed this Agreement as of the Effective Date.

CITY OF CITRUS HEIGHTS CONSULTANT
____________________________ ______________________________ Ashley J. Feeney, City Manager Sacramento Tree Foundation Attest:
____________________________
Amy Van, City Clerk
Approved as to Form:
____________________________
Ryan Jones, City Attorney
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EXHIBIT A

SCOPE OF SERVICES
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1 Sacramento Tree Foundation
Scope of Work
Electric GreenWay Tree Replacement and Revegetation Program Introduction
The Native Trees in Urban and Rural Environments (NATURE) program operates within the Urban Ecology Department and utilizes mitigation funding generated by local ordinances to plant and care for native trees. Annually, the Nature program plants approximately 1500 trees and cares for over 4000 trees. NATURE seeks to ensure that native trees remain an integral part of the urban forest. By planting and maintaining native trees as replacements for those lost to human development projects, the NATURE program works closely with local government and private citizens to ensure our heritage of native trees is not lost forever. NATURE trees are planted in locations where they will remain protected in perpetuity while having positive benefits for people, wildlife, and the overall environment. Volunteers are an essential part of the program and are educated on the historical value and present-day importance of native trees as they help us grow, plant, and care for the urban forest of the future.

The Sacramento Tree Foundation has consulted with the City of Citrus Heights, Orangevale Recreation and Park District, Sacramento Municipal Utility district (SMUD), and Sunrise Recreation and Park district to develop a Tree Replacement and Revegetation Program for the Electric Greenway project.

In total, 160 tree locations were identified within this plan. Each planting area identified has specific details outlined in the Electric Greenway Tree Replacement Program Plan (Appendix 1).

Deliverables
During the fall of 2022 and spring of 2023, the Tree Foundation proposes to install, maintain, monitor, and map 160 native and other trees at four parks throughout the City of Citrus Heights. Planting sites include C-Bar-C, Northwoods, Sundance and Tempo Parks. Trees will be planted between October 1, 2022 and April 30, 2023 and will be cared by Tree Foundation Staff for three years from their respective planting dates and result in minimum 85% survivability. Written reports and maps will be provided to all partners annually. At the close of each tree planting project, a final monitoring report will be submitted, and Tree Foundation staff members will be available to lead a tour of the mitigation sites so that the City can visually inspect the mitigation trees. At this time, the City will be able to assess compliance with the Program Plan.

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2 Overall Objectives For all Planting Sites
SMUD will be involved when siting and planting within or around SMUD easements to ensure conformance with planting plan guidelines agreed to by the City to support the work and appropriate modifications to the plans to ensure public safety.

Selecting Tree Materials
Reforestation materials (Deepot/Treeband/Treepot): Reforestation materials are trees grown in specialized containers to maximize healthy root growth and accommodate for species such as native oaks that grow a tap root during natural establishment. Pot sizes include Deepot, Treeband, and Treepot sizes, with the first two accommodating 12-to-18- month-old seedling trees and the latter accommodating 1–4-year-old sapling trees, depending on species.

Nursery stock will preferentially be grown from seed or propagules harvested within the same watershed and the closest possible proximity (no more than 25 miles) to the reforestation site. When purchasing trees, information will be gathered on source site, propagule type, sowing date, and if the supplying nursery uses phytosanitary conditions for propagation. Upon delivery of a tree order, all trees will be inspected for visible insect pests, root crown defects, and overall appearance. At least 10% of all trees will be removed from their containers to inspect root health and monitor for root pests. Shipment will be declined, or materials returned that do not meet the highest standards. #5 and #15 containerized trees: These are standard nursery production container sizes available in the greater Sacramento area. Healthy #5 pot sized trees should be between 3-5 feet tall with trunks up to a ½ inch thick, depending on species and age, with a robust root system just filling the container and multiple branches. #15 pots can accommodate trees approximately twice as large. Upon delivery of a tree order, all trees will be inspected for visible insect pests and over-all appearance but pay special attention to root defects which can be common and uncorrectable in #5 and #15 pots. Common issues include buried root crowns, J-roots, and circling roots. At least 10% of all trees will be removed from their containers to inspect root health and monitor for root pests. Shipment will be declined, or materials returned that do not meet the highest standards.

Tree planting
Trees will be planted between October and May, with January and February often being the best time seasonally to put new trees in the ground. Holes may be prepared by hand or using equipment. Special care will be taken when using equipment to prepare planting holes as driving on or digging in wet soils can cause soil damage that can impact healthy tree establishment. All sites will have undergone an Underground Survey using the 811 system. Sites will be marked and re-surveyed within 5 days of beginning work and before digging with equipment.

Tree Establishment Care
Tree establishment care and timing will be the same for all locations and tree types. During the establishment period of three years, Sacramento Tree Foundation will be responsible for:
• Maintaining constant irrigation flow to points of connection during the establishment phase and immediately notifying plant establishment contractor if irrigation will be altered or unavailable. Proper irrigation is the most critical resource for guaranteeing healthy tree establishment. • Instructing maintenance staff to use caution with mowing or performing other operations adjacent to establishing trees and contacting the plant establishment contractor if issues are noted with trees, irrigation, or tree protection materials.
• Meeting annually with plant establishment contractor to discuss progress, collaboration, and mutual support opportunities.
• After the establishment period ends, it is recommended that all trees be assessed for structural pruning at years 6 or 7.

During the establishment period, the minimum maintenance schedule must include:

Year 1:
▪ Winter- Bi-weekly inspection of all trees. Repair or replacement of tree protection materials as needed.
▪ Spring- Bi-weekly inspection of all trees. Repair or replacement of tree protection materials as needed. Removal of competing vegetation in the 4’ area around each tree. Fire abatement mowing as needed. Testing of irrigation systems.

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3 ▪ Summer- Weekly inspection and irrigation of all trees. Repair or replacement of tree protection materials as needed. Removal of competing vegetation in the 4’ area around each tree. ▪ Fall- Weekly inspection and irrigation of all trees. Repair or replacement of tree protection materials as needed. Removal of competing vegetation in the 4’ area around each tree. Tree health and success monitoring and reporting. Annual meeting with land managers/park staff.

Year 2:
▪ Winter- Bi-weekly inspection of all trees. Repair or replacement of tree protection materials as needed. Structural pruning of all trees to meet site specific structure goals and long-term tree safety. ▪ Spring- Bi-weekly inspection of all trees. Repair or replacement of tree protection materials as needed. Removal of competing vegetation in the 4’ area around each tree. Fire abatement mowing as needed. Testing of irrigation systems.
▪ Summer- Bi-weekly inspection and irrigation of all trees. Repair or replacement of tree protection materials as needed. Removal of competing vegetation in the 4’ area around each tree. ▪ Fall- Bi-weekly inspection and irrigation of all trees. Repair or replacement of tree protection materials as needed. Removal of competing vegetation in the 4’ area around each tree. Tree health and success monitoring and reporting. Annual meeting with land managers/parks staff.

Year 3:
▪ Winter- Monthly inspection of all trees. Repair or replacement of tree protection materials as needed.

Structural pruning of all trees to meet site specific structure goals and long-term tree safety. ▪ Spring- Monthly inspection of all trees. Repair or replacement of tree protection materials as needed.

Removal of competing vegetation in the 4’ area around each tree. Fire abatement mowing as needed.

Testing of irrigation systems.
▪ Summer- Monthly (every 24 days) inspection and irrigation of all trees. Repair or replacement of tree protection materials as needed. Removal of competing vegetation in the 4’ area around each tree. ▪ Fall- Monthly (every 24 days) inspection and irrigation of all trees. Repair or replacement of tree protection materials as needed. Removal of competing vegetation in the 4’ area around each tree.

Tree health and success monitoring and reporting. Final meeting with land managers/parks and handoff of tree maintenance responsibilities.
▪ Post tree establishment: Removal of tree tubes once the tree trunk outgrows it which will split the tube along the include perforations. Assessment and performance of additional structural pruning, as needed, years 6 and 7. Occasional supplemental irrigation in periods of excessive drought or when altering landcover (i.e., if removing turf).

Success Criteria and Triggers for remediation
Project success will be achieved with 85% of the trees or greater achieving “fair” or “good” health ratings upon inspection year three. In order to meet this goal, failed trees must be identified during the tree health monitoring in Fall of year one and replaced in Winter of year 2.

All failed trees will be evaluated using an adaptive management lens and structural reasons for tree failure corrected if possible. For example, if trees are being damaged by large herbivores, installing protective fencing can correct the issue. It is impossible to plan for any possible scenario, so evaluating the trees regularly and addressing issues as they come up is the most effective method of ensuring project success.

Educational Opportunities and Messaging
Involving the community in tree planting and tree care activities is a wonderful, fun way to encourage civic participation and grow support for city services such as parks. Community members feel connected to their local park and are more likely to take ownership of its care if they have dedicated their time and energy to a project such as tree planting. Opportunities to involve the community exist within each stage of a tree replacement program.

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4 Opportunities and Messaging:

Year 1
• Pre-planting community communication. As soon as locations begin to be marked and pre-planting activity is noticeable within the park, community members will wonder what is going on. This is the perfect time to engage with curious neighbors and recruit them to become involved with the effort. o Recommended methods: In-park signage, posted flyers, mailers to neighbors within 500 feet o Messaging: Project details, invitation to come plant, contact information for questions or concerns
• Tree Planting Event. Schedule a 2–3-hour event for community members to come help plant the new trees. In general, people are more enthusiastic about the activity than being technically excellent at the work. All events should be carefully prepared to ensure participants can be successful and feel accomplished.
o Recommended methods: In person event, handouts and posted flyers about the project, social/media communications about the efforts.
o Messaging: Project details, importance of planting trees, jurisdictional commitment and regulations around trees, benefits of the trees planted.

Year 2
• Tree Care events. Yearly or seasonal events can foster ongoing support for the project and parks.

Community members that learn about effective tree care methods will translate these lessons to their own properties and neighborhoods.
o Recommended methods: Events, in-park signage, social media. o Messaging: Importance of young tree care (proper irrigation, proper staking, structural pruning, mulching, trunk protection), human health benefits of trees, shade, habitat value of urban trees.

Year 3
• Tree Care events. Yearly or seasonal events the third year can help highlight the importance of focused care for the first few years after tree planting.
o Recommended methods: Events, in-park signage, social media o Messaging: “It takes three years to plant a tree”, structural pruning, changing irrigation needs between young trees and established trees.

Specific Site Plans
Each Park has a site-specific plan to install, maintain, monitor, and map trees. Please see Electric Greenway Tree Replacement Program Plan for detailed site information (Appendix 1).

Timeline
This Scope of Work is for the planting from October 2022 through April 2023 and maintenance, monitoring, and mapping of 160 trees through April 2026.

Proposed cost
The proposed total cost for the Electric Greenway Tree Replacement Program to install, maintain, monitor, and map 160 trees is $135,645.95.

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

CONSULTANT
By:

Title: 2699908.6
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4 August 2022
Citrus Heights Planning Department
Attn: Casey Kempenaar, Community Development Director
I am writing to express full support for the planned Arcade-Cripple Creek Trail Project and encourage the City Council to approve construction. I live near Tempo Park and frequently walk multiple sections of the proposed trail, including Tempo Park, crossing Fair Oaks Blvd. into the Sundance Natural Area and throughout the surrounding neighborhoods. I have been interested in this project and have followed it since its introduction in 2019.

I have participated in the city-sponsored information sessions and neighborhood gatherings where many concerns were expressed. The city has done an exceptional job responding to and accommodating our concerns, including tree preservation, lighting, safety and bridge replacement. I believe these accommodations provide an excellent balance and bring positive opportunities to our city.

This trail project will make our community a better place by encouraging physical fitness and healthy lifestyles. It creates neighborhood value through positive and modern infrastructure while preserving our open spaces. It improves safety by adding safe street crossings.

I look forward to enjoying the improvements this project will bring and the positive impact it will have on my lifestyle and the community.

Regards,
Steve Wigginton
6895 Olive Tree Way
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August 8, 2022
Porsche Middleton, Mayor
City of Citrus Heights
6360 Fountain Square Drive
Citrus Heights, CA 95621
Subject: Support for Arcade‐ Cripple Creek Trail Project Dear Mayor Middleton:

I’m writing on behalf of the Sacramento Area Council of Governments (SACOG) to express our enthusiastic support for the Arcade‐Cripple Creek Trail Project.

SACOG recognizes the regional potential of the Arcade‐Cripple Creek Trail. The multimodal trail is part of the Sacramento Region Trail Network, the six‐county trail network adopted by the SACOG Board of Directors on April 21, 2022.

The City’s work to develop the 2.9‐mile‐long multi‐use trail between Sunrise Boulevard and Wachtel Way will transform active modes connections in Citrus Heights. The project will increase access to destinations both within the city and in unincorporated Orangevale, connecting residences to parks, schools, and the Sunrise MarketPlace. This all ages and abilities facility will create many opportunities for increasing the number of biking and walking trips in the City of Citrus Heights.

The City’s work to start the construction phase of this trail project is an important step toward realizing the regional vision of trail connectivity in addition to the local potential. Please do not hesitate to contact me with any questions.

Sincerely,
James Corless
Executive Director
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