Agenda packet, regular meeting — Madera City Council, July 20, 2022 (part 4 of 4)

K. Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112) as amended and implementing regulations when published for effect as they relate to non-discrimination against the handicapped.

L. The Age Discrimination Act of 1975, (Pub. L. 94-135) as amended, and implementing regulations contained in 10 CFR Part 1040 and 45 CFR Part 90.

M. The lead based paint requirements of24 CFR Part 35 Subpart B issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et.seq.).

N. Section 109 of the Housing and Community Development Act of 1974, as amended, and the regulations issued pursuant thereto (24 CFR Section 570.601) as it relates to prohibiting discriminatory actions and activities funded by Community Development Funds.

0. Section 3 of the Housing and Urban Development Act of 1968, as amended and implementing regulations at 24 CFR Part 135.

P. Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution.

Q. The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub. L. 93-234).

R. No member, officer or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification.

S. Additionally, all conflict requirements noted in 24 CFR 570.611 shall be complied with by all parties.

T. Title I of Section 104(b)(5) of the Housing and Community Development Act as amended and implementing regulations at 24 CFR 570.200 relating to Special Assessments.

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U. Section l 06 of the National Historic Preservation Act and implementing regulations at 36 CFR Part 800.

V. The Endangered Species Act of 1973, as amended, and implementing regulations at SO CFR Part 402.

W. Title I of the Housing and Community Development Act of 1974, as amended, and implementing regulations contained in 24 CFR Part 570 and in 24 CFR Part 85.

X The use of CDBG funds by a religious organization shall be subject to those conditions as prescribed by HUD for the use ofCDBG funds by religions organizations in accordance with Section 570.200G) of the Federal CDBG regulations.

Y. All contracts shall include a "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions" as required by 29 CFRPart98.

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Exhibit E
U.S. Department of Hou1ing and Urban Development

COMMUNITY PLANNING AND DEVELOPMENT
Special Attention of:

All Secretary's Representatives
All State/Area Coordinators
All CPD Office Directors
All FHEO Field Offices
All CDBG Grantees
Notice CPD- 00-lO
Issued: December 26, 2000
Expires: December 26, 200 I
Subject: Accessibility for Persons with Disabilities to Non-Housing Programs funded by Community Development Block Grant Funds - Section 504 of the Rehabilitation Act of 1973, the Americans With Disabilities Act, and the Architectural Barriers Act I. Purpo1e
The purpose of this Notice is to remind recipients of Federal funds under the Community Development Block Grant (CDBG) Program of their obligation to comply with Section 504 of the Rehabilitation Act of 1973, HUD's implementing regulations (24 CFR Part 8), the Americans with Disabilities Act, (ADA) and its implementing regulations, (28 CFR Parts 35, 36), and the Architectural Barriers Act (ABA) and its implementing regulations (24 CFR Parts 40, 41) in connection with recipients' non-housing programs.

This Notice describes key compliance elements for non-housing programs and facilities assisted under the CDBG programs. However, recipients should review the specific provisions of the ADA, Section 504, the ABA, and their implementing regulations in order to assure that their programs are administered in full compliance.

Applicability
This Notice applies to all non-housing programs and facilities assisted with Community Development Block Grant Funds (e.g. public facilities and public improvements, commercial buildings, office buildings, and other non-residential buildings) and facilities in which CDBG activities are undertaken (e.g., public services). A separate Notice is being issued concerning Federal accessibility requirements for housing programs assisted by recipients ofCDBG and HOME program funds.

II. Section 504 of the Rehabilitation Act of 1973
Section 504 of the Rehabilitation Act of 1973, as amended, provides "No otherwise qualified individual with a disability in the United States ... shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance ... ". HlJD's regulations implementing the Section 504 requirements can be found at 24 CFR Part 8.

Page 1 of 7 ends

Part 8 requires that recipients ensure that their programs are accessible to and usable by persons with disabilities. Part 8 also prohibits recipients from employment discrimination based upon disability.

The Section 504 regulations define "recipient" as any State or its political subdivision, any instrumentality of a State or its political subdivision, any public or private agency, institution organization, or other entity or any person to which Federal financial assistance is extended for any program or activity directly or through anotherrecipient, including any successor, assignee, or transferee of a recipient, but excluding .tru; .ul1i.maJ.I:: beneficiary of the assistance (24 Cf R pB,3) For the purposes of Part 8, redpicols iocJude States and localities that are grantees and subgrantees under the CDBG program, their subrecipients, community-based development organizations, businesses, and any other entity that receives CDBG assistance, but not low and moderate income beneficiaries of the program. CDBG grantees are responsible for establishing policies and practices that they will use to monitor compliance of all covered programs, activities, or work performed by their subrecipients, contractors, subcontractors, management agents, etc.

Non-housing Programs
New Construction -- Part 8 requires that new non-housing facilities constructed by recipients of Federal financial assistance shall be designed and constructed to be readily accessible to and usable by persons with disabilities. (24 CFR §8.21 (a))
Alterations to facilities -- Part 8 requires to the maximum extent feasible, that recipients make alterations to existing non-housing facilities to ensure that such facilities are readily accessible to and usable by individuals with disabilities. An element of an existing non-housing facility need not be made accessible, if doing so, would impose undue financial and administrative burdens on the operation of the recipients program or activity. (24 CFR §8.21 (b))
Existing non-housing facilities• A recipient is obligated to operate each non-housing program or activity so that, when viewed in its entirety, the program or activity is readily accessible to and usable by persons with disabilities. (24 CFR §821 (c))
Recipients are not necessarily required to make each of their existing non-housing facilities accessible to and usable by persons with disabilities if when viewed in its entirety, the program or activity is readily accessible to and usable by persons with disabilities. 24 CFR §8.21 (c)( I) Recipients are also not required to take any action that they can demonstrate would result in a fundamental alteration in the nature of its program or activity or cause an undue administrative and financial burden. However, recipients are still required to take other actions that would not result in such alterations, but would nevertheless ensure that persons with disabilities receive the benefits and services of the program. (24 CFR §8.2 l(c)(iii)) Historic Preservation - Recipients are not required to take any actions that would result in a substantial impairment of significant historic features of an historic property, However, in such cases where a physical alteration is not required, the recipient is still obligated to use alternative means to achieve program accessibility, including using audio-visual materials and devices to depict those portions of

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an historic property that cannot be made accessible, assigning persons to guide persons with disabilities into or through portions of historic properties that cannot be made accessible, or otherwise adopting other innovative methods so that individuals with disabilities can still benefit from the program. (24CFR §8.2 l(c)(2)(ii))
Accessibility Standards
Design, construction, or alteration offacilities in conformance with the Uniform Federal Accessibility Standards (UFAS) is deemed to comply with the acccssibili~ n,suirements for nonhousing facilities.

Recipients may depart from particular technical and scoping requirements ofUFAS where substantially equivalent or greater accessibility and usability is provided. (24 CFR §8.32) For copies of UFAS, contact the HUD Distribution Center at J-800-767-7468; deaf, hard of hearing, or speech-impaired persons may access this number via TIY by calling the Federal Information Relay Service at 1-800-877-8339.

Where a property is subject to more than one law or accessibility standard, it is necessary to comply with all applicable requirements. In some cases, it may be possible to do this by complying with the stricter requirement, however, it is also important to ensure that meeting the stricter requirement also meets both the scoping and technical requirements of overlapping laws or standards.

Employment
Section 504 also prohibits discrimination based upon disability in employment. See 24 CFR Part 8, SubpartB.

Section 504 Self Evaluations
The Section 504 regulations required recipients of Federal financial assistance to conduct a self.. evaluation of their policies and practices to determine if they were consistent with the law's requirements.

This self evaluation was to have been completed no later than July 11, 1989. Title II of the ADA imposed this requirement on all covered public entities. The ADA regulations required that ADA self evaluations be completed by January 26, 1993, although those public entities that had already performed a Section 504 self evaluation were only required to perform a self-evaluation on those policies and practices that had not been included in the Section 504 review.

The regulatory deadlines are long past. However, self-evaluation continues to be an excellent management tool for ensuring that a recipient's current policies and procedures comply with the requirements of Section 504 and the ADA.

Involving persons with disabilities in the self-evaluation process is very beneficial. This will assure the most meaningful result for both the recipient and for persons with disabilities who participate in the recipient's programs and activities. It is important to involve persons and/or organizations representing persons with disabilities, and agencies or other experts who work regularly with accessibility standards.

Page J of 7
Important steps in conducting a self-evaluation and implementing its results include the following:
• Evaluate current policies and practices and analyze them to determine if they adversely affect the full participation of individuals with disabilities in its programs, activities and services. Be mindful of the fact that a policy or practice may appear neutral on its face, but may have a discriminatory effect on individuals with disabilities. • Modify any policies and practices that are not or may not be in compliance with Section 504 or Title 11 and Title m nfthe ADA regulations (See24 CEB Part 8 :md.2!LCER 2atts35 ___ _ ___ _

36.)
• Take appropriate corrective steps to remedy those policies and practices which either are discriminatory or have a discriminatory effect. Develop policies and procedures by which persons with disabilities may request a modification of a physical barrier or a rule or practice that has the effect oflimiting or excluding a person with a disability from the benefits of the program.
• Document the self-evaluation process and activities. The Department recommends that all recipients keep the self-evaluation on file for at least three years, including records of the individuals and organizations consulted, areas examined and problems identified, and document modifications and remedial steps, as an aid to meeting the requirement at 24 CFR Part 8.55.

The Department also recommends that recipients periodically update the self-evaluation, particularly, for example, if there have been changes in the programs and services of the agency. In addition, public entities covered by Title II of the ADA should review any policies and practices that were not included in their Section 504 self-evaluation and should modify discriminatory policies and practices accordingly.

III. The Americans With Disabilities Act of 1990
The Americans With Disabilities Act of 1990 (ADA) guarantees equal opportunities for persons with disabilities in employment, public accommodations, transportation, State and local government services, and telecommunications. Unlike Section 504 which applies only to programs and activities receiving Federal financial assistance, the ADA applies even ifno Federal financial assistance is given.

The U.S. Department of Justice enforces Titles I, II, and Ill of the ADA, although the Equal Employment Opportunity Commission investigates administrative complaints involving Title I.

Title I prohibits discrimination in employment based upon disability. The regulations implementing Title I are found at 29 CFR Part 1630. The Equal Employment Opportunity Commission (EEOC) offers technical assistance on the ADA provisions applying to employment.

These can be obtained at the EEOC web site www.eeoc.gov, or by calling 800-669-3362 (voice) and 800- 800-3302 (TTY).

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-----
Title II prohibits discrimination based on disability by State and local governments. Title II essentially extended the Section 504 requirements to services, programs, and activities provided by States, local governments and other entities that do not receive Federal financial assistance from HUD or another Federal agency. CDBG grantees are covered by both Title II and Section 504. The Department of Justice Title II regulations are found at 28 CFR Part 35.

Title II also requires that facilities that are newly constructed or altered, by, on behalf of, or for use of a _ ublic enti~, be desi ned and constructed in a manner that makes the facili readil accessible to and usabl.e by persons with disabilities. (28 CFR §35.151 (a) & (b)) Facilities constructed or altered in conformance with either UF AS or the ADA Accessibility Guidelines for Buildings and Facilities (ADAAG) (Appendix A to 28 CFR Part 36) shall be deemed to comply with the Title II Accessibility requirements, except that the elevator exemption contained at section 4.1.3(5) and section 4.1.6(1 )G) of ADAAG shall not apply. (28CFR §35.151 (c))
Title II specifically requires that all newly constructed or altered streets, roads, and highways and pedestrian walkways must contain curb ramps or other sloped areas at any intersection having curbs or other barriers to entry from a street level or pedestrian walkway and that all newly constructed or altered street level pedestrian walkways must have curb ramps at intersections . Newly constructed or altered street level pedestrian walkways must contain curb ramps or other sloped areas at intersections to streets, roads, or highways. (28CFR §35.151 (e))
The Title II regulations required that by January 26, 1993, public entities (State or local governments) conduct a self-evaluation to review their current policies and practices to identify and correct any requirements that were not consistent with the regulation. Public entities that employed more than 50 persons were required to maintain their self-evaluations on file and make it available for three years. lfa public entity had already completed a self-evaluation under Section 504 of the Rehabilitation Act, then the ADA only required it to do a self-evaluation of those policies and practices that were not included in the previous self-evaluation. (28 CFR §35. !05)
The Department of Justice offers technical assistance on Title II through its web page at www.usdoj.gov/crt/ada/taprog.htm, and through its ADA Information Line, at 202 514-0301 (voice and 202-514-0383 (TTY). The Department of Justice's technical assistance materials include among others, the Title II Technical Assistance Manual with Yearly Supplements, the ADA guide for Small .Towns, and an ADA Guide entitled The ADA and City Governments: Common Problems, Title III prohibits discrimination based upon disability in places of public accommodation (businesses and non-profit agencies that serve the public) and "commercial" facilities (other businesses). It applies regardless of whether the public accommodation or commercial facility is operated by a private or public entity, or by a for profit or not for profit business. The Department of Justice Title III regulations are found at 28 CFR Part 36. The Department of Justice also offers technical assistance concerning Title Ill through the web page cited above and the ADA Hotline cited above.

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Justice also offers technical assistance concerning Title Ill through the web page cited above and the ADA Hotline cited above.

IV. The Architectural Barriers Act of1968
The Architectural Barriers Act of I 968 (ABA) (42 U.S.C. 4 I 51-4157) requires that certain buildings financed with Federal funds must be designed, constructed, or altered in accordance with standards that ensure accessibility for persons with physical disabilities. The ABA covers any building or facility financed in whole or in part with Federal funds, exce t rivatel -owned residential structures. Covered huildin sand facilities desi ned constructed, or altered with CDBG funds are subJect to th·e ABA and must comply with the Uniform Federal Accessibility Standards (UFAS). (24 CFR 570.614) In practice, buildings built to meet the requirements of Section 504 and the ADA, will conform to the requirements of the ABA.

V. HUD Resources Available Concerning Section 504
Further information concerning compliance with Section 504 may be obtained through the HUD web page (http://www.hud.gov/fhe/504/sect504.btmO. Additional assistance and information may be obtained by contacting the local Department of Housing and Urban Development Office of Fair Housing and Equal Opportunity field office. Below is a list of the phone numbers for these offices.

CPD FHEO
Boston,MA 617 565-5345 617 565-5310
Hartfonl, CT 806 240-4800 x3059 860 240-4800
New\'ork, NY 212 264-0771 x3422 212 264-1290
Buffalo,NY 716 551-5755 x5800 716 551-575S
Newark,NJ 973 622-7900 x3300 973 622-7900
Philadelphia, PA 215 6S6-0624 x3201 215 656-0661
Pittsburgh, PA 412 644-2999 412 355-3167
Baltimore, MD 410 962-2520 x307l 410 962-2520
Richmond, VA 804 278-4503 x3229 804 278-4504
Washington, DC 202 275-0994 x3 163 202 275-0848
Atlanta, GA 404 331-5001 x2449 404 331-1798
Birmingham, AL 205 290-7630 x I 027 205 290-7630
South Florida 305 S36-4431 x2223 305 536-4479
Jacksonville, FL 904 232-1777 x2 I 36 904 23 2-1 777
San Juan, PR 787 766-5400 x2005 787 766-5400
Loui!lville, K\I 502 582-6163 x214 502 582-6163 x230
Jackson, MS 60 I 965-4 700 x3 140 601 965-4700 x2435
Knoxville, TN 865545-4391 xl21 865 545-4379
Greensboro, NC 336 547-4005 336 547-4050
Columbia, SC 803 765-S564 803 765-5936
Chicago, IL 312 353-1696 x2702 312 353-7776
Minneapolis, MN 612 370-3019 x2107 612370-318S
Page6 of 7
Detroit, Ml
Milwaukee, WI
Columbu11, OH
[ndlanapolis, IN
Little Rock, AK
Oklahoma City, OK
Kan1a11 City, KS
Omaha,NE
St, Louis, MO
New Orlean!1, LA
Fort Worth, TX
San Antonio, TX
Albuquerque, NM
Denver,CO
San Frandsco, CA
Los Angeles, CA
Honolulu, HI
Phoenix,AZ
Seattle, WA
Portland, OR
Manchester, NH
Anchorage, AK
Houston, TX
313 226-7908 x80SS
414 297-3214 x8100
614 469-5737 x8240
317 226-6303 x6790
501 324-6375
405 553-7569
913 551-5485
402 492-3181
JJ 4 539-6524
504 589-7212 x3047
817 978-5934 x595 l
210 4 75-6820 x2293
505 346-727] x7361
303 672-5414 xl326
415 436-6597
213 894-8000 x3300
808 522-8180 x264
602 379-4754
206 220-5150 x3606
503 326-7018
603 666-7640 x7633
907 271-3669
313 226-6280
414 297-3214
614 469-5737 x8170
317 226-7654
501 324-6296
405 553-7426
913 551-5834
402 492-3109
3 I 4 539-632'.Z
504 589-7219
817 978-5870
210 475-6885
sos 346-7327
303 672-5437
415 436-6569
213 894-8000 x3400
808 522-8180
602 379-6699 5261
206 220-5170
503 326-3349
713 313-2274
Page7 of7
,.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: July 20, 2022
_________________________________ Agenda Number: _________ Dino Lawson, Chief of Police
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Public Hearing To Consider Declaration of Nuisances and Abatement Order for Overgrown Weeds RECOMMENDATION:

Conduct a Public Hearing to consider any objections to the proposed removal of overgrown weeds and Adopt a Resolution ordering the abatement of weed nuisances in the City SUMMARY:

The City’s weed abatement program exists to address safety issues pertaining to overgrown weeds by administering and enforcing a schedule for removal. Each spring, owners of vacant parcels are notified of their responsibility to remove overgrown weeds in a timely manner. This program plays a crucial role in maintaining the City’s health and safety by mitigating the spread of potential fires and by enhancing the community’s aesthetic appeal.

Staff has surveyed the City and compiled an inventory of vacant lots that contain overgrown weeds. Upon initial inspection, 355 properties were found in violation. Of those properties, 27 remain in violation. Staff is seeking Council’s authorization to abate the properties remaining in violation of the City’s Weed Abatement Ordinance.

DISCUSSION:

Weed and grass growth are considered light and flashy fuels, which are the first fuels to dry out and cause an increased risk of fire. These light and flashy fuels are dangerously susceptible to ignition sources. Fire brands, which are tiny pieces of brush or trees actively burning, can travel and ignite islands of fuel. Recently, the City’s vulnerability has been demonstrated by the Fire Department’s increase in calls for service related to fires.

C-3
The attachment referred to as Exhibit A provides a list of the twenty-seven parcels that remain in violation of the Madera Municipal Code Title III, Chapter 3-15. As required by City Code, property owners were notified by first class mail of the proposed weed abatement action and scheduled hearing. Additionally, notice of the public hearing was published by the City Clerk as required by law.

The City is entitled to cost recovery of all fees incurred for the weed abatement services. Fees would be recovered through a special assessment on the owner’s property taxes. The special assessment is considered as a lien on the property. Applying the special assessment requires Council approval. If Council approves the removal of the overgrown weeds, staff will return at a later date with additional information regarding cost recovery.

FINANCIAL IMPACT:

Initially the City will incur all costs related to nuisance removal. As previously stated, the total cost may be recovered through the lien process provided Council approval. It is worth noting that staff anticipates costs to be relatively low as the City’s average cost related to weed abatement for the last four years was $1,200.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:
 Strategy 134 – Visual Standards: Establish and enforce visual standards for neighborhoods and businesses in Madera including design review and code enforcement.  Strategy 137 – Code enforcement: promote sound redevelopment and code enforcement practices city-wide.
 Action 201.3 – Enforce zoning and redevelopment codes and regulations.

ALTERNATIVES:

Council may elect to not approve the resolution; however, the overgrown weeds creating a fire and safety hazard at the five properties would remain. Additionally, the properties would continue to be in violation of the Municipal Code.

ATTACHMENTS:

1. Resolution

2. Exhibit A
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

AUTHORIZING THE CITY MANAGER OR THEIR DESIGNEE TO ABATE WEED

NUISANCES EXISTING WITHIN THE CITY OF MADERA
WHEREAS, on January 7, 2015, the City Council adopted Ordinance 913 C.S. enacting weed abatement regulations and declaring weeds to be a nuisance (Madera Municipal Code Title III, Chapter 3-15); and
WHEREAS, the Ordinance establishes procedures for the abatement of weeds constituting nuisances; and
WHEREAS, the parcels of land listed on Exhibit “A” attached hereto have been inspected; and
WHEREAS, at the time of inspection the parcels were found to be in violation of Madera Municipal Code § 3-15.01; and
WHEREAS, the properties are declared a public nuisance; and WHEREAS, at the time of reinspection, non-compliant parcels were issued administrative citations; and
WHEREAS, each property owner was notified by mail of the proposed weed abatement action on respective properties and advised them of the date and time for a public hearing on the matter; and
WHEREAS, a public hearing was noticed for July 6, 2022, and has been rescheduled to July 20, 2022; and
WHEREAS, each property owner was notified by mail of the new date for the public hearing; and
WHEREAS, the City Clerk posted notice of the hearing as required by the Municipal Code; and
WHEREAS, following a public hearing to be called, all charges incurred by the City for the weed abatement services will be included as a special assessment to be collected along with regular property taxes levied against the respective lots and parcels of land; and are considered liens against these properties.

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF MADERA does hereby resolve, find and order as follows:

1. The above recitals are true and correct.

2. After conducting a public hearing, the Council finds the City has followed all procedures required under Title III, Chapter 15 of the Madera Municipal Code and further finds as follows:
a. Property owners listed on Exhibit A have been duly noticed by Notice of Violation Declaring Public Nuisance which included a description of the property, description of violations, date for correction, and of this public hearing, and that City Council may authorize abatement at the sole cost of property owner for failure to correct. b. The non-compliant properties constitute a public nuisance.

3. The City Manager or their Designee are hereby authorized to take necessary steps to cause the abatement of the properties listed in Exhibit “A”.

4. This resolution is effective immediately upon adoption. * * * * * * * * * * * * * * * * * *

EXHIBIT A
Location APN Property Owner Case Number
304 North D Street 007-075-005 Romero Moises 22M-05218
Vacant Parcel 008-142-034 008-142-034 Parkhar Singh Dev Co Inc 22M-05238 1417 East Yosemite Avenue 008-143-023 Bertha Delgado 22M-05235 417 South C Street 011-022-011 Romero Mosies JL Reyes 22M-05240 Vacant Parcel 011-074-013 011-074-013 Romero Moises 22M-05258 Vacant Parcel 011-074-014 011-074-014 Romero Moises 22M-05259 Vacant Parcel 011-074-015 011-074-015 Romero Moises 22M-05260 Vacant Parcel 011-074-016 011-074-016 Romero Moises 22M-05261 Vacant Parcel 011-074-017 011-074-017 Romero Moises 22M-05262 Vacant Parcel 011-074-018 011-074-018 Romero Moises 22M-05263 Vacant Parcel 011-074-019 011-074-019 Romero Moises 22M-05264 724 South A Street 011-123-006 Helen Woods 22M-05241
728 South A Street 011-123-007 Helen Woods 22M-05245
1101 South A Street 011-233-009 Manuel Mendoza Inc 22M-05252 Vacant Parcel 004-101-016 004-101-016 Henry Junior Garcia (TE) 22M-05217 619 West Yosemite Avenue 010-081-008 Arain Mohammad Afzal/ Zubaida Afzal 22M-05243 121 North N Street 010-072-010 Ohan Ohan 22M-05247
Vacant Parcel 006-511-055 006-511-055 Fernandez Danny/Fernandez Maria 22M-05251 Vacant Parcel 013-160-005 013-160-005 Dewayne Zinkin Family Partnership 22M-05255 Vacant Parcel 013-160-016 013-160-016 Dewayne Zinkin Family Partnership 22M-05256 Vacant Parcel 013-200-012 013-200-012 McIntyre Edward J/McIntyre Gail 22M-05268 Vacant Parcel 013-200-013 013-200-013 McIntyre Edward J/McIntyre Gail 22M-05269 Vacant Parcel 013-200-015 013-200-015 McIntyre Edward J/McIntyre Gail 22M-05287 1007 Emily Way 012-253-002 RAI Family LTD PTP 22M-05232 Vacant Parcel 012-260-003 012-260-003 RAI Family LTD PTP 22M-05234 1034 Barnett Way 012-270-002 RAI Family LTD PTP 22M-05236 1004 Barnett Way 012-270-001 RAI Family LTD PTP 22M-05237 304 North D Street
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REPORT TO CITY COUNCIL
Approved by:
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Designation of a Stakeholder Group to Participate in a High Road Transition Collaborative for the Community Economic Resiliency Fund Program (CERF)
RECOMMENDATION:

Adopt a Resolution to Designate a Member to Serve as a Stakeholder for the High Road Transition Collaborative for the Central Valley Community Economic Resiliency Fund Program SUMMARY:

On September 23, 2021, Governor Newsom signed Senate Bill 162, which established the $600 million Community Economic Resilience Fund (CERF). This Fund is administered by the California Labor and Workforce Development Agency (LWDA), the Governor’s Office of Planning and Research (OPR), and the Office of Business and Economic Development (GO-Biz) and aims to lend relief to regions that are most impacted by inequities and economic hardship. The Fund will be used to support the development of regional economic roadmaps that make targeted investments in sustainable industries, create high-quality jobs and build a more equitable economy.

CERF establishes 13 regions statewide to create economic plans and regional strategies for grant opportunities. The Central San Joaquin Valley region, (Madera County, Fresno County, Tulare/Kings Counties, and Urban Fresno) termed Madera’s High Road Transition Collaborative, will be represented by 35 local participants from various sectors that are motivated to advance economic equity. Representatives will meet at a local level to identify investment opportunities in their communities during the initial phase and then meet as a regional level to develop a regional investment plan.

DISCUSSION:

As Council is aware, Senate Bill 162 established the $600 million Community Economic Resilience Fund (CERF) which is designed to assist the greatest at-risk regions in building equitable and Council Meeting of: July 20, 2022
Agenda Number: ______
D-1
sustainable economies. Central Valley CERF is a collective partnership for the Central San Joaquin Valley region that includes Fresno County and surrounding rural areas, Madera County and Kings/Tulare Counties. The goals of the CERF process are:

1. Build and sustain four local High Road Transition Collaboratives (HRTC) comprised of Tulare/ Kings Counties, Fresno County, Fresno DRIVE (Rural), and Madera County and the Regional HRTC.

2. Implement an Outreach and Engagement Plan that centers on disinvested communities as “customers” of economic and workforce development initiatives.

3. Develop the Central San Joaquin Valley Economic Recovery and Transition Plan that:
a. identifies local priorities that then contribute to an equitable and sustainable regional economy
b. addresses the CERF objectives – equity, sustainability, job quality and access, and economic competitiveness and resilience
c. demonstrates the potential for measurable and dramatic improvement in the region’s economy, social equity, and environment.

4. Participate in the CERF community of practice to learn from and contribute to an equitable and sustainable statewide economy.

The Valley CERF region covers 11,000 square miles with over 1.8 million residents who speak over 100 languages and dialects. One significant goal in the Valley CERF planning process is for participants to engage their communities in a culturally responsive manner that ensures those who have historically been excluded from the economic development process have a voice in their communities. This engagement process is based on the following principles and approaches:
 Work with trusted community partners as community engagement facilitators  Expend extra effort and resources to ensure voices from disinvestment communities and small business are central in the deliberations and development of our regional economic plan
 Build and maintain the ‘Valley CERF Community Network,’ a network of community members who want to engage in the CERF process and stay up to date on its progress  Host multiple public forums at key states of the CERF planning process  Ensure meetings are open and accessible
 Continue community engagement efforts well past the planning stage, into the funding and implementation stages for projects that are in the scope of the CERF process.

In order to collect maximum input and inclusion, Valley CERF will be engaging at the local level first through four local High Road Transition Collaboratives (HRTCs), and then collectively build the regions’ 4-county inclusive economic plan. The four HRTCs include:
 Madera County- convened by United Way of Fresno and Madera Counties, Madera County Department of Public Health, and the Central Valley Opportunity Center.  Tulare/ Kings- convened by Tulare Workforce Investment Board.  Fresno County- convened by Office of Community and Economic Development, Fresno State University.
 Fresno DRIVE- convened by the Central Valley Community Foundation.

The Local HRTCs will be comprised of an equal number of Representative Stakeholders in the seven stakeholder groups listed below (5 Representative Stakeholders in each Stakeholder Group for a total of up to 35 stakeholders in each local collaborative). The Collaborative Governance Structure’s use of Representative Stakeholder Groups helps ensure that all stakeholder groups are fairly and equally represented and that participants at the Local HRTCs are representative of the Central San Joaquin Valley. The seven Stakeholder Groups include:

1. Labor and Worker Centered Organizations

2. Employers, Business and Industry Associations, and Economic Development Organizations

3. Education, Workforce Development and Training Organizations

4. Local Governments

5. Tribal Governments

6. Environment and Environmental Justice Organizations

7. Community Based Organizations, Grassroots Organizations, Community Voices Once local priorities and strategies are developed, representatives from each of the Local HRTCs will form the Regional HRTC to identify investment opportunities and high priority projects for funding. Each collaborative will receive approximately $5 million with the potential to apply for additional funds from a pool of $500 million in rolling competitive grants to be awarded from fall/winter 2022 to October 2026. This includes reserve funding for reach region for competitive bidding.

FINANCIAL IMPACT:

There is no direct fiscal impact associated with designating representatives to serve on the High Road Transition Collaborative.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Designation of representatives to serve in the Collaborative is not addressed in the vision or action plans; the requested action is also not in conflict with any of the actions or goals contained in that plan.

ALTERNATIVES:

The Council may elect not to designate representatives for the local HRCT but will forfeit the City’s representation at the regional collaborative and potentially forfeit funding meant for economic equity and sustainable industrial growth.

ATTACHMENTS:

1. Collective Partnership Agreement Letter

2. Community Economic Resilience Fund Flyer

Collective Partnership Agreement Letter
for the Central San Joaquin Valley Region
As partners, we are committed to building an equitable and sustainable economy in California’s Central San Joaquin Valley. We will engage with stakeholders and community members throughout our region to develop an inclusive economic development plan with financial support from California’s Community Economic Resilience Fund (CERF). We are committed to the following goals, “principles of community engagement,” collaborative governance structure, decision-making process, and budget allocation to support our region’s efforts.

Goals of the Valley CERF Process
• Goal 1: Build and sustain four, Local High Road Transition Collaboratives (Tulare / Kings Counties, Fresno County, Fresno DRIVE, and Madera County) and the Regional HRTC.
• Goal 2: Implement an Outreach and Engagement Plan that centers disinvested communities as “customers” of economic and workforce development initiatives. • Goal 3: Develop the Central San Joaquin Valley Economic Recovery and Transition Plan that (1) identifies local priorities that then contribute to an equitable and sustainable regional economy; (2) addresses the CERF objectives – equity, sustainability, job quality and access, and economic competitiveness and resilience; and (3) demonstrates the potential for measurable and dramatic improvement in the region’s economy, social equity, and environment.
• Goal 4: Participate in the CERF community of practice to learn from and contribute to an equitable and sustainable statewide economy.

Valley CERF – Principles of Community Engagement
Covering an 11,000 square mile region with over 1.8 million residents who speak over 100 languages and dialects, as participants in the Valley CERF planning process, we will engage our communities in a culturally responsive manner that ensures we reach those who have not historically been involved in economic development processes before. Valley CERF’s community engagement process is built on the following principles and approach:
o Work with trusted community partners as community engagement facilitators; o Employ an “equitable community engagement” process, meaning expend extra effort and resource to ensure voices from disinvested communities and small businesses are central in the deliberations and development of our economic development plan; o Build and maintain the ‘Valley CERF Community Network,’ a network of community members who want to engage with the CERF process and stay up to date on its progress;
o Host multiple public forums at key stages of the CERF planning process; Valley • CERF Centrol Son Jooquin Volley
High ~oc:,tf Trcin.siticm VJllcibc:,roti~
o Ensure meetings are open and accessible, including locations, meeting days and times, translation, and services on site that facilitate participation; and o Adoption of Transformative Community Engagement for projects that are prioritized for implementation funding, meaning building in resident engagement and leadership – not just in the planning process – but throughout the implementation of programs and projects which may receive implementation funding.

Collaborative Governance Structure
We will collect maximum input and inclusion by engaging at the local level first through four Local High Road Transition Collaboratives (Local HRTCs), and then collectively build the region’s four-county inclusive economic development plan. The four local collaboratives include:
o Madera County- convened by United Way of Fresno and Madera Counties, Madera County Department of Public Health, and the Central Valley Opportunity Center. o Tulare/ Kings- convened by Tulare Workforce Investment Board. o Fresno County- convened by Office of Community and Economic Development, Fresno State University.
o Fresno DRIVE- convened by the Central Valley Community Foundation.

1. Labor and Worker Centered Organizations;

2. Employers, Business and Industry Associations, and Economic Development Organizations;

3. Education, Workforce Development and Training Organizations;

4. Local Governments;

5. Tribal Governments;

6. Environment and Environmental Justice Organizations; and

7. Community Based Organizations, Grassroots Organizations, Community Voices.

Once local priorities and strategies are developed, representatives from each of the Local HRTCs will form the Regional HRTC. One Representative Stakeholder from each Stakeholder Group from each Local HRTC (1 x 7 x 4 = 28 stakeholders at the Regional HRTC).

Decision-Making Process
The Stakeholder Groups will function as caucuses at the Local and Regional HRTCs. A majority vote (3 of 5 Stakeholders at the Local HRTCs and 3 of 4 Stakeholders at the Regional HRTC) will determine each caucus’ position at the Local HRTC, and “near consensus” (6 of the 7 stakeholder groups) will be required at the Local and Regional HRTCs for recommendations to be adopted.

Planning Grant Budget – $5,000,000
Central to our principles of community engagement we agree to allocate more than half ($2,850,000) of the proposed planning grant to our Outreach and Engagement Plan, which includes Representative Stakeholder Engagement, Equitable Resident Engagement, and Transparent Meetings and Processes.
o Representative Stakeholder Engagement ($1,950,000) – Providing grant funding for our CBO partners who are Representative Stakeholders at the Local HRTCs and Regional HRTC to help cover the cost of their time to participate and ensure their support of focused and consistent communication to the broader stakeholder groups they represent. We estimate the grant size to be between $15,000 and $25,000 each for the 24-month planning process and is distributed equally across the tables. o Transparent Meetings and Processes ($225,000) – Providing grant funding that ensures meeting costs are covered, including providing materials in various languages, providing translators, reimbursements for transportation, providing meals, meeting space, and any other materials as determined by the Local HRTCs. o Equitable Resident Engagement ($675,000) – Providing funding for grassroots organizations with demonstrated, trusted relationships among disinvested communities to conduct resident engagement, including individual surveys, focus groups, and worker voice interviews.
o Data and Research ($975,000) – Providing funding for baseline research, strategy development, support for plan development, and technical expertise (economic development, labor market analysis, public health, and state policy). o Local Convener Resources ($600,000) – Providing $200,000 for the conveners supporting the Tulare / Kings HRTC, Fresno County HRTC, and Madera HRTC to cover staff and other costs associated with meeting CERF objectives. o Miscellaneous ($75,000)
o Administrative Costs ($500,000) – 10% of the grant contract as allowed by the state; funds will be awarded to the Central Valley Community Foundation to serve as the Fiscal Agent, Regional Convener, and Local Convener of the Fresno DRIVE HRTC.

Valley CERF
Collective Partnership Agreement Signature Page
By signing the Collective Partnership Agreement letter, I agree to the goals of the Valley CERF planning process and to share the responsibility of developing the Central San Joaquin Valley “Regional Economic Recovery and Transition Plan” within the budget resources described above. I will participate in the Collaborative Governance Structure and outreach and engagement efforts and help ensure the CERF objectives are met for our region.

Entity’s Name:

Brief Description of the Type of Entity:

Description of the Entity’s Experience and Reason for Participating:

Contact Name, Title, Email Address, Phone Number:

Local HRTC:

Stakeholder Group:

Signature:

Date:

COMMUNITY ECONOMIC RESILIENCE FUND
Timeline
Link to Guidelines: https://opr.ca.gov/economic-development/justtransition/docs/20220419-CERF_Planning_Phase_Draft_Guidelines_Public_Input.pdf $600M
FRESNO
RURAL
$5MILLION PLANNING DOLLARS PER REGION
Phase 1 planning efforts will inform regional investment opportunities for Phase 2 of the program.
13 REGIONS STATEWIDE
FRESNO
CITY=
DRIVE
On December 17, 2021 the CERF
Leadership Team released the
final map of the 13 economic
regions that will receive up to $5
million in planning grants under
phase 1 of the program

TULARE/
KINGS
Karla Estupinian: [email protected]

CENTRAL SAN

JOAQUIN VALLEY
REGION
MADERA
Eligible Activities Include:

Plans will be based on actionable research and consultation from expert institutions, with a focus on equity, sustainability, job quality, economic competitiveness and resilience. Strategies will complement, incorporate, or expand on existing plans such as Comprehensive Economic Development Strategies (CEDS), as applicable and relevant.
◦ Capacity building
◦ Community engagement
◦ Research
The Central San Joaquin
Valley Region is made up of
four counties: Fresno,
Kings, Madera, Tulare
Whatis CERF?
OnSeptember 23, 2021 Governor Newsom signed SB 162, whichestablished the $600 million Community Economic Resilience Fund (CERF). Administered by the CERF Leadership Team consistingof the California Labor and Workforce Development Agency (LWDA), the Governor’s Officeof Planning and Research(OPR), and the Officeof Business and Economic Development(GO-Biz).

PHASE 1
April 2022:Draft Guidelines
for Round 2 Public
Comment
June 2022: Release
Planning Phase
Solicitation
As CVCF prepares to apply as a regional convener, above are the sub-regions we have identified as independenttables with local conveners that bring together local, diverse stakeholders to define processes and community priorities. Eventually,the sub-regional priorities can be pulled together into a regional vision and plan.

Summer 2022: Awards and
Contracting
Fall 2022: Implementation
Phase Draft Guidelines

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: July 20, 2022
_________________________________ Agenda Number: ___________ Arnoldo Rodriguez, City Manager
SUBJECT:

Designation of a Voting Delegate and Alternates for the League of California Cities 2022 Annual Conference
RECOMMENDATION:

Adopt a Minute Order designating a voting delegate and up to two alternates for the 2022 League of California Cities' Annual Business Meeting
SUMMARY:

This year's League of California Cities Annual Conference is scheduled for Wednesday, September 7, through Friday, September 9, 2022. One important aspect of the Annual Conference is the annual Business Meeting when the membership acts on conference resolutions. The Business Meeting will take place on Friday, September 9, 2022.

To expedite the management of business, every City is being requested to designate a voting representative and up to two voting alternates who will be present at the Business Meeting. League bylaws provide that each city is entitled to one vote to determine a city position in matters affecting municipal or League policy matters.

DISCUSSION:

As of the writing of this report, all Councilmembers including Mayor Garcia and Mayor Pro Tem Evans are registered to attend the conference.

Besides other business which takes place at the meeting, several resolutions are voted on which reflect policy issues facing the State. The resolutions adopted are forwarded to the State and action is encouraged.

Each City that is a member of the League of California Cities is encouraged to designate a voting delegate to represent them at the League. The delegate will have the authority to vote on the D-2
resolutions at the meeting. The attached report from the League outlines the procedures for the meeting and describes each resolution that has been submitted for consideration.

The attached correspondence from the League (Attachment 1) requests that the Council designate a voting delegate and up to two alternates to represent the City at the League's Annual Business Meeting.

FINANCIAL IMPACT:

There is no direct fiscal impact associated with designating a voting delegate and two alternates for the 2022 League of California Cities' (League) Annual Business Meeting.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Designation of a voting delegate is not addressed in the vision or action plans; the requested action is also not in conflict with any of the actions or goals contained in that plan.

ALTERNATIVES:

The Council may elect not to designate a voting delegate and alternates and forfeit the City’s voting ability at this year’s League of CA Cities Annual Business Meeting.

ATTACHMENTS:

1. Letter from the League of CA Cities including Voting Procedures and Delegate/Alternate Form

LEAGUE OF
·, CALIFORNIA
CITIES
DATE: June 1, 2022
Council Action Advised by August 31, 2022
TO: City Managers and City Clerks
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference & Expo-September 7-9, 2022 Cal Cities 2022 Annual Conference & Expo is scheduled for September 7-9, 2022 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly) on Friday, September 9. At this meeting, Cal Cities membership considers and acts on resolutions that establish Cal Cities policy.

In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity.

Please complete the attached Voting Delegate form and return it to Cal Cities office no later than Friday, September 2. This will allow us time to establish voting delegate/alternate records prior to the conference.

Please view Cal Cities' event and meeting policy in advance of the conference. • Action by Council Required. Consistent with Cal Cities bylaws, a city's voting delegate and up to two alternates must be designated by the city council.

When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the councll action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by
. city council action and cannot be
accomplished by individual action of the mayor or city manager alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration will open by June l on the Cal Cities website. In order to cast a vote, at least one voter must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting. 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calc1t1es.org

LEAGUE OF

CALIFORNIA
CITIES
• Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit · together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges.

The Voting Delegate Desk, located in the conference registration area of the Long Beach Convention Center, will be open at the following times: Wednesday, September 7, 8:00 a.m. - 6:00 p.m.; Thursday, September 8, 7:00 a.m. -.4:00 p.m.; and Friday, September 9, 7:30 a.m.-12:30 p.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Friday, September 2. If you have questions, please call Darla Yacub at (916) 658-8254.

Attachments:
• Annual Conference Voting Procedures
• Voting Delegate/Alternate Form
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

LEAGUE OF

CALIFORNIA
CITIES
Annual Conference Voting Procedures

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate.

6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate.

7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting.
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

LEAGUE OF

CALIFORNIA
CITIES II CITY ______ _
2022 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Friday, September 2, 2022. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk.

1. VOTING DELEGATE
Name: -------------
Title: --------------

2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name: ------------- ------------
Title: Title: -------------- -------------

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: _______________ Email _ ___________ _
Mayor or City Cler .._ _________ Date _____ Phone ______ _ (circle one) (signature)
Please complete and return by Friday, September 2, 2022 to:

Darla Yacub, Assistant to the Administrative Services Director E-mail: [email protected]; Phone: (916) 658-8254
II

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: July 20, 2022
Agenda Number: D-3
Alicia Gonzales, City Clerk
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Calling for and Giving Notice of a General Municipal Election to be Held on November 8, 2022 for the Election of Council Members for Districts 1, 3, and 5; and requesting that the Madera County Clerk Render Specified Election Services
RECOMMENDATION:

Adopt the resolution calling for and requesting consolidation of the City’s general election with the Statewide election on November 8, 2022, for the election of Council Members for Districts 1, 3, and 5 and requesting that the Madera County Clerk render specified election services relating to the conduct of the election
SUMMARY:

The term of office for Members of the City Council elected to serve Districts 1, 3, and 5 are scheduled to expire the first Council meeting in December of this year. The resolution considered calls for and requests consolidation of the City’s general election, with the statewide election to be held November 8, 2022, and that the Madera County Clerk conduct the election. Members of the City Council serve four-year terms.

DISCUSSION:

Pursuant to California Elections Code §10403, the City must file a resolution with the Madera County Board of Supervisors at least 88 days prior to the date of the election which is by August 11, 2022. The resolution requests that the Madera County Board of Supervisors authorize the consolidation of the City’s general election with the statewide election to be held November 8, 2022 and that the Madera County Clerk conduct the election.

FINANCIAL IMPACT:

The cost for election services for the three Council seats is estimated to be $120,000. The amount is included in the adopted budget for Fiscal Year 2022/23; however, should the cost exceed the estimated amounts, staff will prepare a budget amendment.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Strategy 302 – District Representation: Establish district representation in Madera with a separate election process for Mayor.

ALTERNATIVES:

There is no practical alternative. Although the City could decide to hold a standalone election, there is insufficient time to put together such an election and the costs would be significantly higher.

ATTACHMENT:

1. Resolution
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, CALLING FOR AND GIVING NOTICE OF THE HOLDING OF A

GENERAL MUNICIPAL ELECTION FOR THE ELECTION OF CERTAIN

MUNICIPAL OFFICERS OF THE CITY OF MADERA FOR COUNCIL MEMBERS OF DISTRICTS 1, 3, AND 5 TO BE HELD IN THE CITY OF MADERA ON NOVEMBER 8, 2022 AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES;

REQUESTING CONSOLIDATION THEREOF WITH THE STATEWIDE ELECTION TO BE HELD ON THE SAME DATE; AND REQUESTING THAT THE MADERA

COUNTY BOARD OF SUPERVISORS AUTHORIZE THE MADERA COUNTY

CLERK TO RENDER SPECIFIED SERVICES TO THE CITY OF MADERA

RELATING TO THE CONDUCT OF THE GENERAL MUNICIPAL ELECTION WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a general municipal election shall be held on November 8, 2022 in the City of Madera, for the election of three members of the City Council to be elected by district for a term of four years for Council Districts 1, 3, and 5; and WHEREAS, Section 10002 of the Elections Code of the State of California provides that the governing body of the city may by resolution request the board of supervisors of the county to permit the county clerk to render specified services to the city relating to the conduct of elections; and
WHEREAS, the City Council desires to call such election and request its consolidation with the statewide election to be held on the same date and have the Madera County Clerk perform specified election services to the City of Madera.

NOW THEREFORE, THE COUNCIL OF THE CITY OF MADERA, hereby resolves, determines, finds, and orders as follows:

1. Pursuant to the Elections Code of the State of California there is called and ordered held in the City of Madera, California, on Tuesday, November 8, 2022, a general municipal election of the qualified electors of the City of Madera for the election of three members of the City Council to be elected by district for a term of four years for Council Districts 1, 3, and 5 and for the election of the Mayor at-large for a term of four years.

2. The ballots to be used at the election shall be in such form and content as may be required by law to be used at the election.

3. Pursuant to Section 10002 of the Elections Code, the City requests the Board of Supervisors of the County of Madera to permit the Madera County Clerk to render specified services to the City relating to the election.

4. The Madera County Clerk is authorized and directed to do any and all things necessary in order to ensure the lawful conduct of the election.

5. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding elections in the City of Madera that are consolidated with any other election.

6. Notice of time and place of holding the election is given and the Madera County Clerk is authorized and directed to give such further or additional information in the time, form and manner as required by law in connection with theelection.

7. Pursuant to Section 10403 of the Elections Code of the State of California, the Board of Supervisors of the County of Madera is hereby requested to consolidate the election referred to herein with the statewide election to be held on Tuesday, November 8,2022.

8. For and in consideration of the election services rendered by the Madera County Clerk, the City of Madera agreesto pay to Madera County the proportionate share of reasonable expenses of said election, said share to consist of all direct costs as determined by the Madera County Clerk to be directly related to the conduct of the City of Madera's general municipal election together with the City's proportionate share of the expenses forelection servicesrendered byMadera County that arebeing shared equally with other jurisdictions, if any, by virtue of the consolidation of the City's municipal election with elections being held by other jurisdictions, if any, in the City of Madera on November 8, 2022.
* * * * * * * **

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: July 20, 2022
_________________________________ Agenda Number: ___________ Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Provide an update on the progress of the Madera Transit Plan and request approval to enter into a Phase 2 Agreement with WSP USA, Inc.

RECOMMENDATION:

Adopt a resolution approving the agreement with WSP USA, Inc. for Phase 2 of the Madera Transit Plan: Outreach and Implementation in the amount of $87,391.24 SUMMARY:

During the April 21, 2021 Council meeting, WSP USA, Inc. (Consultant) was awarded the service agreement for the development of the Madera Transit Plan – Service Assessment (MTP). The purpose of the MTP was to evaluate the City’s transit system and devise operational and policy changes that will improve transit services. Goals included, but were not limited to:
▪ Improving connectivity with other modes of transportation ▪ Enhancing systems to advance multi-modal transportation within the region ▪ Improving efficiency and headways times through service evaluation, and ▪ Redesign and restructuring of the City’s three fixed routes As the project evolved, it become apparent that a second phase would be fruitful. To recap, Phase 1 focused on:
▪ Research and development of guidelines and principles ▪ Standardizing practices
▪ Recommendations for the redesign and restructuring of the Transit System.

Over the year, the Consultant was successful in analyzing the existing transit network, identifying best practices, conducting multiple stake holder interviews and community outreach, while D-4
providing quarterly updates to the staff, Project Committee, and the Transit Advisory Board (TAB). The contemplated Phase 2 would focus on redesigning and restructuring the Transit System through public outreach, community engagement, and the implementation Madera Metro’s updated fixed route system. Phase 2 was not anticipated nor included as part of the initial project requirement.

Staff acknowledge the importance of an efficient public transit system. To avoid duplication of costs and unnecessary delays of the service revisions, staff requested a cost proposal from WSP USA, Inc. for Phase 2. WSP USA, Inc provided staff with a cost proposal of $87,391.24. If approved, the two phases would partially overlap, resulting in the completion of Phase 2 as early as April 2023. Alternatively, staff would need to release a new Request for Proposals (RFP) following the completion of Phase One no sooner than August 2022. Procurement of Phase Two services from the Consultant through sole source procurement is efficient and in the best interest of the City. Substantial duplication costs and unacceptable delays will result if the City engages in a new RFP process and or awards the phase two project to another consultant.

DISCUSSION:

The Madera Transit Plan – Services Assessment (MTP) was designed to contribute to the 2014 Regional Transportation Plan (RTP) goals and the regional 2017 Active Transportation Plan (ATP).

Prior to the MTP, no comprehensive studies of the system had been completed. As a result, the City lacked the necessary information to effectively plan and invest capital dollars into the City’s transit system. To address this, a Request for Proposals (RFP) for Transit Consulting Services was released and later awarded to WSP USA, Inc (Consultant) in the amount of $100,000 through the Caltrans Sustainable Community Planning Grant for the development of the MTP.

The Madera Transit Plan - Services Assessment included:
▪ Facilitation of community forums and committee meetings ▪ Compilation of survey results of community needs and transit deficiencies ▪ Facilitation of stakeholder interviews and presentations ▪ Cataloging, mapping, and inspecting all fixed route bus stops (including bike paths/lane accessibility)
▪ Confirmation of headways on all fixed routes
▪ Evaluation of current fixed routes deficiencies
▪ Recommendations for the redesign and restructuring of all fixed routes As the project evolved, staff realized the Scope of Work (SOW) targeted problems and identified solutions but neglected an implementation path towards the redesign and restructuring of the City’s Transit System. If approved, WSP, USA Inc. will continue seamlessly to progress with all phases of the MTP development. The city would avoid unnecessary delays associated with a new RFP process. Table 1 describes Phase One (Research and Development) and Phase Two (Outreach and Implementation) of the project.

Table 1: Madera Transit Plan
Description Date of
Completion
Cost
Phase 1* Research and development of guidelines and
principles, standardizing practices to enhance the
City Transit System, and recommendations for the
redesign and restructuring of the City’s Transit
System.

July 2022 $100,000.00
Phase 2 Implementation of the redesign and restructure
through public outreach, community engagement,
and Madera Metro’s newly designed fixed route
system.

April 2023 $87,391.24
*Current Agreement will sunset April 31, 2023.

FINANCIAL IMPACT:

Transit services and personnel time is expended through Local Transportation Funds and other Transit related budgets which are grant funded. The agreement with WSP USA, Inc would be paid using Local Transportation Funds.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

The Management and Operations Agreement supports the Vision Madera 2025 Plan as follows:
▪ Strategy 407:
o Promote and expand existing services, supportive services, case management, and self-sufficiency for Madera residents to maintain independent lifestyles.

ALTERNATIVES:

As an alternative, Council may:

1. Direct staff to complete the competitive bidding process and the conclusion of the Madera Transit Plan for the implementation of Phase 2.

ATTACHMENTS:

1. Attachment A – Resolution

2. Attachment B - Agreement
▪ Exhibit A – WSP USA, Inc. – Madera Transit Plan - Phase Two Project Proposal ▪ Exhibit B – WSP USA, Inc. – Detailed Cost Proposal

3. Attachment C – Exemption to Bidding Request – Sole Source Support Documentation

4. Attachment D – WSP Sole Source Justification Letter
RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, APPROVING AN AGREEMENT WITH WSP USA FOR THE

OUTREACH AND IMPLEMENTATION OF PHASE TWO OF THE MADERA

TRANSIT PLAN OF THE MADERA METRO TRANSIT SERVICES SYSTEM WHEREAS, on April 21, 2021 the City of Madera (City) entered an agreement with WSP USA, Inc (Consultant) for the completion of the Madera Transit Plan – Services Assessment; and WHEREAS, the City is in need of a qualified and experienced transit consulting firm for outreach and implementation of Phase Two of the Madera Transit Plan; and WHEREAS, the procurement of Phase Two services from Consultant through sole source procurement is efficient and in the best interest of the City in that substantial duplication costs and unacceptable delays will result if the City engages in a new RFP process or awards to another consultant; and
WHEREAS, the Consultant will be responsible for the Outreach and Implementation of Phase Two of the Madera Transit Plan ; and
WHEREAS, the City has prepared an Agreement with WSP USA for the services needed; and
WHEREAS, the agreement between the City and WSP USA will not exceed the amount of $87,391.24 and will expire on the April 30, 2023.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA HEREBY finds orders and resolves as follows:

1. The above recitals are true and correct.

2. The City Council approves the Agreement with WSP USA which is attached hereto as Exhibit A and incorporated by reference.

3. The Mayor of the City of Madera is authorized to execute the Agreement and any and all documents necessary to effectuate the Agreement on behalf of the City.

4. This resolution is effective immediately upon adoption. ****

AGREEMENT BETWEEN THE CITY OF MADERA AND WSP USA FOR PROFESSIONAL

CONSULTING SERVICES FOR OUTREACH AND IMPLEMENTATION OF THE MADERA TRANSIT PLAN – PHASE TWO OF THE MADERA METRO TRANSIT SERVICES SYSTEM This Consultant Services Agreement ("Agreement”) is entered into between the CITY OF MADERA, a California general law city (“CITY”) and ("CONSULTANT”). This Agreement shall be effective on _________________, 2022.

RECITALS
WHEREAS, the CITY is needing to complete the delivery of the Madera Transit Plan – Phase Two (PROJECT) of the Madera Metro Transit System to improve connectivity and enhance the City’s transit system; and
WHEREAS, the CITY has determined that services of a qualified consulting firm are required to complete the PROJECT; and
WHEREAS, the CONSULTANT has submitted a Project proposal and budget to provide indepth expertise to carry out the PROJECT consistent with the intent and purpose of the proposal issued by CITY for the PROJECT; and
WHEREAS, the CONSULTANT is expected to complete the Outreach and Implementation of the PROJECT by April 30, 2023.

AGREEMENT
NOW THEREFORE, the parties incorporate the foregoing recitals and agree as follows:

1. SERVICES OF CONSULTANT
CONSULTANT will provide professional transit management services as set forth herein in connection with the Project. Said work to be performed pursuant to this agreement is more particularly described in the Scope of Work.

2. SCOPE OF WORK
CONSULTANT shall provide the professional transit managementservices as set forth in EXHIBIT A, “Madera Transit Plan – Phase II Proposal”, attached hereto and incorporated herein by reference.

CONSULTANT accepts full responsibility for the scope of services provided by sub-consultants necessary for delivery of the project. CONSULTANT shall comply with applicable City of Madera design standards and requirements as directed by the CITY and applicable State and Federal requirements.

3. PROGRESS MEETINGS:

CONSULTANT shall communicate and meet with CITY staff at project progress meetings at intervals mutually agreed to between CITY and CONSULTANT to verify, refine and complete the project requirements and review the progress of the project. Such meetings shall be as set forth in the “Scope of Work” reflected in EXHIBIT A.

4. CITY'S OBLIGATIONS
The CITY shall be obligated as follows:
a. Provide a Project Manager to work with CONSULTANT;
b. Review all submittals timely;
c. Pay all fees for permits.

5. COMPENSATION
The compensation for the work tasks itemized in EXHIBIT B, “Phase II - Cost Proposal” is $87,391.24 (eighty seven thousand three hundred and ninety one dollars and twenty four cents).

CITY and CONSULTANT agree on the rates shown in EXHIBIT B, “Phase II – Cost Proposal”, and agree that they will remain in effect until the date of expiration of Agreement indicated in Section

11. It is understood and agreed by both parties that all expenses incidental to CONSULTANT’S performance of services, including travel expenses, are included in the basic fee shown in EXHIBIT B.

6. PAYMENT
Payments for all undisputed portions of each invoice as provided for hereunder shall be made within 30 days of receipt and approval of CONSULTANT’S monthly invoices for the work performed specified herein. CONSULTANT’S invoice shall specify the billed hours and hourly rates for each employee classification. The sub-consultants work shall be included on CONSULTANT 'S invoice with a copy of the sub-consultant’s invoice attached. A report on summary of costs to date for each component of the work shall accompany the invoice. This summary shall also estimate the percentage of the work completed for each component and the balance remaining in each component.

7. AUDITS AND INSPECTIONS ACCESS
CONSULTANT shall, upon reasonable notice and at any time during regular business hours, and as often as CITY may deem necessary, make available to the CITY or its authorized representative for examination, all of its books, records and data with respect to matters covered by this Agreement. CONSULTANT shall permit CITY to audit and inspect all invoices, materials, payrolls, records of personnel, conditions of employment, and other data relating to matters covered by this Agreement.

8. LIABILITY INSURANCE:

Without limiting CONSULTANT’S indemnification of CITY, and prior to commencement of Work, CONSULTANT shall obtain, provide, and continuously maintain at its own expense during the term of the Agreement, and shall require any and all Subcontractors and Subconsultants of every Tier to obtain and maintain, policies of insurance of the type and amounts described below and in form satisfactory to the CITY.

Minimum Scope and Limits of Insurance
CONSULTANT shall maintain limits no less than:
▪ $2,000,000 General Liability (including operations, products and completed operations) per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01. General liability policies shall be endorsed using ISO form CG 20 10 that the CITY and its officers, officials, employees and agents shall be additional insureds under such policies.
▪ $2,000,000 Automobile Liability combined single limit per accident for bodily injury or property damage at least as broad as ISO Form CA 00 01 for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles. Automobile Liability policies shall be endorsed to provide that the CITY and its officers, officials, employees and agents shall be additional insureds under such policies. ▪ Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease. CONSULTANT shall submit to the CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the CITY, it’s officers, agents, employees, and volunteers. ▪ $1,000,000 Professional Liability (Errors & Omissions) per claim and in the aggregate.

CONSULTANT shall maintain professional liability insurance that insures against professional errors and omission that may be made in performing the Services to be rendered in connection with this Agreement. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement, and CONSULTANT agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this Agreement. The cost of such insurance shall be included in CONSULTANT’S proposal.

Maintenance of Coverage
CONSULTANT shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONSULTANT, its agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.

Proof of Insurance
CONSULTANT shall provide to the CITY certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the CITY prior to commencement of performance. Current evidence of insurance shall be kept on file with the CITY at all times during the term of this Agreement. CITY reserves the right to review complete, certified copies of all required insurance policies, at any time.

Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide.

Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this agreement, except professional liability,shall be endorsed to waive subrogation against the CITY, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow CONSULTANT, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. CONSULTANT hereby waives its own right of recovery against the CITY and shall require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.

Enforcement of Contract Provisions (non-estoppel)
CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform Consultant of non-compliance with any requirement imposes no additional obligations on the CITY, nor does it waive any rights hereunder.

Specifications not Limiting
Requirements of specific coverage features, or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If CONSULTANT maintains higher limits than the minimums required above, the CITY shall be entitled to coverage at the higher limits maintained by CONSULTANT.

Notice of Cancellation
CONSULTANT agrees to oblige its insurance agent or broker and insurers to provide to the CITY with thirty (30) calendar days’ notice of cancellation (except for nonpayment for which ten (10) calendar days’ notice is required) or nonrenewal of coverage for each required coverage.

Self-insured Retentions
If a claim arises, any self-insured retentions must be declared to and approved by the CITY. The CITY reserves the right to require that self-insured retentions be eliminated, lowered or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the CITY’S Risk Manager.

Timely Notice of Claims
CONSULTANT shall give the CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT’S performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional Insurance
CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the Work.

9. OWNERSHIP OF DOCUMENTS:

All original papers, documents, reports, drawings and other work product of CONSULTANT are instruments of service. All reports and legal documents shall include the professional’s registration number and be stamped, signed and dated. All instruments of service shall, upon payment in full to CONSULTANT, become the property of the CITY whether the project for which they are prepared is executed or not. CONSULTANT shall be permitted to retain copies, including reproducible copies, of the instruments of service for information and reference. The instruments of service shall not be used by the CONSULTANT on other projects, except by agreement in writing by the CITY. In the event the CITY reuses such instruments of service, CONSULTANT shall be released and held harmless by the CITY from any and all liability, including legal costs and attorneys’ fees, with respect to the reuse of such instruments of service.

Reuse of documents for any purpose other than as intended under this Agreement shall be at CITY'S sole risk. CITY shall indemnify CONSULTANT for any damages incurred as a result of such reuse, including use of incomplete documents.

10. TIME OF COMPLETION
A. Based on an agreed upon Notice to Proceed date, CONSULTANT shall complete the work as shown in the “Project Schedule” reflected in EXHIBIT A.

B. CONSULTANT shall not be held responsible for delays caused by CITY review or by reasons beyond CONSULTANT’S control.

C. Time is of the essence in the completion of the services covered by this Agreement. Failure of CONSULTANT to comply with the above time schedule by more than fourteen (14) calendar days, unless the delay is not attributable to CONSULTANT or is attributable to CITY, is sufficient cause to terminate this Agreement, at the option of CITY, in accordance with Section 12.

D. CONSULTANT shall complete all services required under this Agreement and this Agreement shall expire on April 30, 2023 unless extended by mutual written agreement.

11. TERMINATION OF AGREEMENT
A. This Agreement may be terminated at any time by either party upon fifteen (15) calendar days written notice. In the event the Agreement is terminated by either party, CONSULTANT shall be compensated for services performed to the date of termination based upon the compensation rates and subject to the maximum amounts payable agreed to together with such additional services performed after termination which are authorized by the CITY representative to wind up the work performed to date of termination.

B. CITY may immediately suspend or terminate this Agreement in whole or in part by written notice where, in the determination of CITY, there is:

1. An illegal use of funds by CONSULTANT.

2. A failure by CONSULTANT to comply with any material term of this Agreement.

3. A substantially incorrect or incomplete report submitted by CONSULTANT to CITY.

In no event shall any payment by CITY or acceptance by CONSULTANT constitute a waiver by such party of any breach of this Agreement or any default which may then exist on the part of either party. Neither shall such payment impair or prejudice any remedy available to either party with respect to such breach or default. CITY shall have the right to demand of CONSULTANT the repayment to CITY of any funds disbursed to CONSULTANT under this Agreement which, as determined by the appropriate court or arbitrator, were not expended in accordance with the terms of this Agreement.

12. APPROVAL
CITY will give reasonably prompt consideration to all matters submitted by CONSULTANT for approval to the end that there will be no significant delays in CONSULTANT’S program of work.

An approval, authorization or request to CONSULTANT given by CITY will only be binding upon CITY under the terms of this Agreement if in writing and signed on behalf of CITY by a CITY representative or designee.

13. HOLD HARMLESS
Indemnity for Professional Liability: When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless CITY and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent the Consultant (and its Subconsultants) are responsible for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its Subconsultants) and the CITY in the performance of professional services under this Agreement. Consultant shall not be obligated to defend or indemnify CITY for its own negligence or for the negligence of others.

Indemnity for Other Than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless CITY, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the negligent performance of this Agreement by Consultant or by any individual or CITY for which Consultant is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of Consultant.

14. RESPONSIBILITY FOR OTHERS
CONSULTANT shall be responsible to CITY for its services and the services of its sub consultants. CONSULTANT shall not be responsible for the acts or omissions of other parties engaged by CITY nor for their construction means, methods, techniques, sequences, or procedures, or their health and safety precautions and programs.

15. PROFESSIONAL RESPONSIBILITY
CONSULTANT shall be obligated to comply with applicable standards of professional care in the performance of the Services. CONSULTANT recognizes that opinions relating to environmental, geologic, and geotechnical conditions are based on limited data and that actual conditions may vary from those encountered at the times and locations where the data are obtained, despite the use of due professional care.

16. PARTIES BOUND BY AGREEMENT
This Agreement shall be binding upon CITY, CONSULTANT, and their successors in interest, legal representatives, executors, administrators and assigns with respect to all covenants as set forth herein. CONSULTANT shall not subcontract, assign, or transfer any of the work except as otherwise provided for in this agreement.

17. COMPLETE AGREEMENT OF PARTIES
This Agreement, including attachments incorporated herein by reference, represents the entire Agreement and understanding between the parties. Any modifications of this Agreement shall be in writing and signed by authorized representatives of the parties. One or more waivers of any term, condition or covenant by either party shall not be construed as a waiver of any other term, condition or covenant.

18. ASSIGNMENT WITH APPROVAL
It is understood that neither party shall assign, sublet, subcontract or transfer its rights or obligation under this Agreement without the prior express, written consent of the other party.

19. INDEPENDENT CONTRACTOR
In performance of the work, duties and obligations assumed by CONSULTANT under this Agreement, it is mutually understood and agreed that CONSULTANT, including any and all of CONSULTANT’S officers, agents and employees will, at all times, be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venture, partner or associate of CITY. Furthermore, CITY shall have no right to control or supervise or direct the manner or method by which CONSULTANT shall perform its work and function. However, CITY shall retain the right to administer this Agreement so as to verify that CONSULTANT is performing its obligations in accordance with the terms and conditions hereof. CONSULTANT and CITY shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over the subject matter hereof.

Because of its status as an independent contractor, CONSULTANT shall have absolutely no right to employment rights and benefits available to CITY employees. CONSULTANT shall be solely liable and responsible for providing to, or on behalf of, its employees all legally required employee to others unrelated to CITY or to this Agreement.

20. GOVERNING LAW
Any controversy or claim arising out of, or relating to, this Agreement which cannot be amicably settled without court action shall be litigated either in the appropriate State court for Madera County, California, or as appropriate in the U. S. District Court for the Eastern District of California, located in Fresno, CA. The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed in all respects by the laws of the State of California.

21. AMENDMENTS
Any changes to this Agreement requested either by CITY or CONSULTANT may only be effected if mutually agreed upon in writing by duly authorized representatives of the parties hereto. This Agreement shall not be modified or amended or any rights of a party to it waived except by such in writing.

22. COMPLIANCE WITH LAWS AND WAGE RATES
CONSULTANT shall comply with all Federal, State, and local laws, ordinances, regulations and provisions applicable in the performance of CONSULTANT’S services. CONSULTANT may use professional practices and standards regarding the interpretation of these laws. 19.

23. CONSULTANT'S LEGAL AUTHORITY
Each individual executing or attesting this Agreement on behalf of CONSULTANT hereby covenants and represents: (i) that he or she is duly authorized to execute or attest and deliver this Agreement on behalf of such corporation in accordance with a duly adopted resolution of the corporation's board of directors and in accordance with such corporation’s articles of incorporation or charter and by-laws; (ii) that this Agreement is binding upon such corporation; and (iii) that CONSULTANT is a duly organized and legally existing corporation in good standing in the State of California.

24. NOTICES
Any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either party to this Agreement by the other party shall be in writing, and shall be deemed duly served and given when personally delivered to the party to whom it is directed or any managing employee or that party or, in lieu or personal service, when deposited in the United States mail, first class postage prepaid, addressed as follows:

CITY OF MADERA CONSULTANT
David Huff, Project Manager _______________________, Project Manager Grants Department - Transit _______________________
205 W. 4th Street _______________________
Madera, CA 93638 ________________________

26. SOLE AGREEMENT
This instrument constitutes the sole and only agreement between CONSULTANT and CITY respecting the Project and correctly sets the obligations of the CONSULTANT and CITY to each other as of this date. Any agreements or representations respecting the above project, not expressly set forth in this instrument are null and void.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as follows:

Lauren Tsoi
WSP USA, Inc.
425 Market Street, Suite 1700
San Francisco, Ca. 94105

CITY OF MADERA
By:

Santos Garcia, Mayor
APPROVED AS TO FORM:

By:

Hilda Cantú Montoy, City Attorney
ATTEST:

By:

Alicia Gonzales, City Clerk

CONSULTANT
By:

Title:

By:

Taxpayer ID Number
Kristina Svensk, AICP
Senior Director, NorCal Planning Business Lead
Title:

CITY OF MADERA

MADERA TRANSIT PLAN SERVICES

ASSESSMENT

PHASE II PROPOSAL
MADERA
~
METRO
wsp.com
David Huff, Program Manager - Grants
City of Madera
205 W. 4th Street
Madera, CA 93638
Dear David:

Subject: Madera Transit Plan Services Assessment Phase II, Madera, California The attached proposal has been prepared in response to the addition of Phase II for the Madera Transit Plan Services Assessment. This proposal includes the following information:

1. Scope of Work

2. Project Schedule

3. Cost Estimate
We appreciate the opportunity to respond to this change order and look forward to a successful working relationship with the City of Madera. If you have any questions or need additional information, please do not hesitate to contact me at 1 415 402 2280 or [email protected] Yours sincerely,
Lauren Tsoi
Director, Transportation Planner
Northern California Local Business Line Leader
Madera Transit Plan Services Assessment
Project No. 31000189
City of Madera
WSP
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TABLE OF

CONTENTS
1 SCOPE OF WORK..................................................... 1 Task 1: Project Management.................................................................. 1 Task 1.1 Kick-Off Meeting .................................................................................................. 1 Task 1.2: Monthly Invoicing and Reporting......................................................................... 1 Task 1.3: Check-In Meetings.............................................................................................. 1 Task 1.4: Project Management Plan (PMP) ....................................................................... 1 Task 1.5: Committee Meetings........................................................................................... 1 Task 2: Public Outreach ......................................................................... 2 Task 2.1 Status Meetings................................................................................................... 2 Task 2.2: Online Survey ..................................................................................................... 2 Task 2.3: Project Flyer ....................................................................................................... 2 Task 2.4: QR Code ............................................................................................................ 2 Task 2.5: Social Media Materials........................................................................................ 3 Task 2.6: Community Forums ............................................................................................ 3 Task 2.7: Outreach (Special and Pop-Up) Events.............................................................. 3 Task 2.8: Public Outreach Synopsis Report ....................................................................... 4 Task 2.9: Stakeholder Engagement ................................................................................... 4 Task 3: Refine Route Re-Alignments .................................................... 5 Task 3.1: Revise Route Alignment ..................................................................................... 5 Task 3.2: Develop Conceptual Alternatives for Walmart Stop/Terminal ............................. 5 Task 3.3: Update Bus Stop Status ..................................................................................... 5 Task 4: Develop Implementation Plan................................................... 5 Task 4.1: Review Best Practices ........................................................................................ 5 Task 4.2: Determine Performance Metrics ......................................................................... 6 Task 4.3: Create Implementation Plan ............................................................................... 6 Task 5: Draft and Final Plan ................................................................... 7 Task 5.1: Prepare Draft and Final Plan .............................................................................. 7 Task 5.2: Public Hearing and Final Plan Adoption.............................................................. 7 WSP
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City of Madera Transit Plan Services Assessment
Project No. 31000189
City of Madera
2 PROJECT SCHEDULE.............................................. 8 3 COST ESTIMATE...................................................... 9 Madera Transit Plan Services Assessment
Project No. 31000189
City of Madera
WSP
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TABLES
TABLE 1 PROJECT SCHEDULE.............................................................. 8 TABLE 2 PROJECT COST ESTIMATE.................................................... 9

Madera Transit Plan Services Assessment
Project No. 31000189
City of Madera
WSP

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1 SCOPE OF WORK
TASK 1: PROJECT MANAGEMENT
The initial Scope of Services dated March 2021 was developed to reflect the original project components including the following: project management, Project Committee coordination, conducting service studies and the development of operation and policy recommendations including the preparation and presentation of the Madera Transit Plan. After consulting with the client, it has been determined that more resources will be needed to provide robust public outreach to present the Plan and the new network. This change order includes an updated project scope, schedule, and budget to reflect the additional resources necessary to complete this next phase of the project.

TASK 1.1 KICK-OFF MEETING
The project team will schedule a kick-off meeting with City of Madera (City) and the project team staff in July 2022. This meeting will serve as an opportunity to present and confirm the work scope, schedule, expectations, and develop communication protocols among the various parties. The project team will develop all necessary meeting materials.

TASK 1.2: MONTHLY INVOICING AND REPORTING
The project team will develop an invoice template consistent with City review requirements and will report out monthly budget expenditures and assess the study’s progress against expenditure. The project team will ensure the project is delivered on-time and within the allocated budget.

TASK 1.3: CHECK-IN MEETINGS
The project team will schedule and lead bi-weekly check-in meetings with the consultant project manager, City project manager, the project team project manager, and key team members as necessary. The project team will develop all necessary meeting materials.

TASK 1.4: PROJECT MANAGEMENT PLAN (PMP)
The project team will develop a PMP that details the project’s overall schedule, key deliverables, meeting dates, task budget tracking and project updates. The PMP will be hosted on a shared site that project team members can access along with past meeting materials and key project information.

TASK 1.5: COMMITTEE MEETINGS
The project team will schedule up to two (2) meetings with the Transit Advisory Board (TAB) and one with key City staff including the City Manager. The project team will develop all necessary meeting materials.

Task 1 Deliverables
• Kick-off meeting
• Monthly invoices and progress reports
• Bi-weekly check-in meetings (up to 16 meetings)
WSP

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City of Madera Transit Plan Services Assessment
Project No. 31000189
City of Madera
• Project Management Plan
• Up to two (2) TAB meetings and one meeting with key City staff TASK 2: PUBLIC OUTREACH
TASK 2.1 STATUS MEETINGS
The project team will schedule up to six (6) status meetings for the project team and City staff to attend as necessary. These meetings will involve discussing work activities, assignments, and public outreach and consensus building strategies related to development of the project.

TASK 2.2: ONLINE SURVEY
The project team will prepare a bilingual survey instrument to be added to the team’s existing Survey Monkey account allowing for quick, easy, and direct access for stakeholders to provide input related to the project’s effort. Questions will be reviewed by City staff prior to being posted live to the Survey Monkey platform. The bilingual survey instrument will contain approximately ten (10) to twelve (12) approved questions and will be ordered in such a manner that they will be comfortable and understandable for the responder. A link to the survey will be provided to the City for posting to the City’s webpage and will also be available to the public via a link in social media postings, or via email distribution. A shortened, hard copy version of the survey can also be created for the community forums or pop-up events. Once the survey has concluded, the project team will provide results and basic reporting generated from the Survey Monkey platform.

TASK 2.3: PROJECT FLYER
The project team will develop a bilingual project flyer to relay important project information to key stakeholders, businesses, and the general public. As a community engagement tool, the flyer will ensure that consistent and accurate information is being communicated regardless of the time, place, or person communicating. Copy material including the use of photos and graphics will be developed and forwarded to the City for review and approval. The initial flyer will include noticing information for the first community forum including date, time, location, and any other pertinent information. An updated flyer will be prepared with similar information for the second community forum. Flyer information will also be formatted into poster size displays for posting on City transit buses and at City bus stops. Once completed, the project flyer will be added to the City’s webpage and can be made available for wide distribution via:
• Email notification to the City’s internal database
• Postings to the City’s social media sites
• Email notification through partnering agency websites and internal databases • Posters on City buses and at bus stops
• Madera School District Peachjar platform or student take home packets TASK 2.4: QR CODE
The project team will develop a project related QR Code (link to online community survey and/or link to hybrid online community forum registration) to be included on all outreach materials allowing for quick, easy, and direct access.

Madera Transit Plan Services Assessment
Project No. 31000189
City of Madera
WSP

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TASK 2.5: SOCIAL MEDIA MATERIALS
Throughout the planning process, key project related social media content will be developed by the project team and provided to City staff for posting to their social media platforms. The social media campaign will include up to six (6) social media posts providing information about the Madera Transit Plan, why community input is vital to the success of the project, and how to participate. The project team will provide messaging, images, and social media posting schedules.

TASK 2.6: COMMUNITY FORUMS
The project team will coordinate with City staff to plan and facilitate up to two (2) community forum events. The project team recommends holding in-person community forums at the Frank Bergon Senior Center in conjunction with virtual options and will coordinate with the City to identify the appropriate timing of these community forums. The project team can adjust the in-person community forum to a virtual forum should conditions dictate.

The community forums will be setup in an open house fashion, giving the project team an opportunity to provide an overview of the project and discuss proposed route changes with transit riders and other stakeholders, businesses, the public and all other interested parties. The community forums will allow for organized group discussion with the goal of exchanging and gathering information. The community forums will also give the many diverse stakeholders and the public the opportunity to learn more about proposed route changes, identify areas of concern, and ask questions and explore issues in detail through one-on-one conversations with project team members, project exhibits, and a PowerPoint presentation. The community forums will be interactive to obtain maximum input from meeting participants. Additionally, TurningPoint polling software can be used to ensure that all community forum participants can provide input, not just those who are vocal. TurningPoint is a tool used to solicit answers, alternatives, and priorities using a real-time response keypad.

To further ensure broad participation of all community stakeholders and to meet environmental justice requirements, the community forum will include Spanish interpretation services, and additional languages if requested. Community forum materials including exhibits, information flyers, and comment cards will be available in both English and Spanish. The project team will also enlist the services of Community-Based and Faith-Based Organizations, as well as other similar agencies, to enhance participation by underrepresented and disadvantaged communities and individuals.

The project team will prepare and distribute bilingual community forum public noticing invites via email notification to the project stakeholder database and other identified key stakeholders and will also prepare social media noticing content for posting to the City’s social media platforms. A total of three (3) email notifications to the project stakeholder database will be completed prior to the community forum, which will include an initial notification two weeks prior to the scheduled community forum and two (2) follow-up reminders.

The project team will be responsible for all community forum coordination and logistical efforts including reserving the community forum location, staffing, and organizing who is responsible for bringing equipment and refreshments.

The project team will provide a synopsis of the community forum, identify the number and type of attendees, include a list of presentations made and materials provided, and document the comments received from community forum attendees.

Presentation materials will be provided to the City to include on the project webpage following the community forum.

Comments received can be discussed with the project team and City staff regarding integration into the project.

TASK 2.7: OUTREACH (SPECIAL AND POP-UP) EVENTS
The project team will coordinate project team attendance at up to two (2) special events and up to four (4) pop-up events.

These outreach events are designed to solicit input from the public in places where they will already be, thus increasing participation from a larger audience while decreasing the time needed to participate. Outreach events will consist of community events that generate high gatherings of people in addition to predetermined heavily used bus stop locations. The project team has experienced great success incorporating the use of outreach events of these types. Potential outreach event attendance will focus on geographic equity and events that capture large numbers of residents such as the Madera District Fair which occurs in September as well as bus stops identified by City staff that have high ridership statistics.

WSP

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City of Madera Transit Plan Services Assessment
Project No. 31000189
City of Madera
Outreach events will be staffed by project team members, and will include interactive activities such as multilingual flyers, maps, comment cards, and postcard sized survey instruments. Project team members, including one bilingual public engagement specialist, will actively engage event attendees, both educating and encouraging them to provide feedback. An incentive for survey participation can be used with respondent’s names to be entered in a raffle drawing for an electronic gift card.

TASK 2.8: PUBLIC OUTREACH SYNOPSIS REPORT
An Outreach Synopsis Report will be prepared detailing the public outreach process. The report will summarize findings from the engagement activities and will also demonstrate to stakeholders how their input shaped the outcomes of the project.

TASK 2.9: STAKEHOLDER ENGAGEMENT
The project team will present project updates to the Transit Advisory Board (TAB) up to two (2) times during the course of the project and one time to the Madera City Council. In addition, the project team will present project updates at up to three (3) stakeholder committee or board meetings to broaden the transit plan’s audience. These stakeholder committees or boards may include:
• Madera County Transportation Commission (MCTC) board meeting • Madera Unified School District Board Meeting
• City of Madera ADA Advisory Council
• Madera County Social Services Department
Task 2 Deliverables:
• Project status meetings (Up to 6 meetings)
• Survey instrument and survey result
• Project flyer
• Transit display posters (City is responsible for printing and posting of transit posters) • Development of QR code
• Social media content
• Noticing, PowerPoint presentation, translation services, community forum materials, and community forum synopsis • Materials for attendance and facilitation of two (2) special events and up to four (4) pop-up events, translation services, and pop-up events synopsis
• Draft and Final Public Outreach Synopsis Report
• Up to three (3) presentations to stakeholder committees/board meetings • One presentation to Madera City Council
Madera Transit Plan Services Assessment
Project No. 31000189
City of Madera
WSP

Page 5 ends

TASK 3: REFINE ROUTE RE-ALIGNMENTS
TASK 3.1: REVISE ROUTE ALIGNMENT
The project team will revise the proposed route alignments to reflect community feedback.

TASK 3.2: DEVELOP CONCEPTUAL ALTERNATIVES FOR WALMART STOP/TERMINAL The project team and the City will identify a new location for all three (3) routes to terminate at Walmart. The project team will develop up to three (3) conceptual alternatives that will be reviewed and revised as necessary by the City engineer. Up to three (3) meetings will be scheduled with City staff including the City engineer to review and refine the proposals.

TASK 3.3: UPDATE BUS STOP STATUS
The project team will update the list of bus stops to be removed or relocated based on community feedback. The project team will work with the City to ensure the updated bus stop list is accurate with necessary details including the bus stop ID, latitude and longitude, cross streets, and nearby amenities for each stop. Maps will be developed to show these locations as well.

Task 3 Deliverables:
• Updated route maps
• Location of new terminal at Walmart, including three (3) conceptual alternatives • Up to three (3) meetings with City staff including the City engineer • Updated route maps to highlight bus routing
• JPEG image of routes to be inserted onto the transit brochure • List of bus stops to be kept, removed, or relocated with accompanying maps TASK 4: DEVELOP IMPLEMENTATION PLAN
TASK 4.1: REVIEW BEST PRACTICES
The project team will review relevant industry and peer case studies for best practices around bus stop and route implementation and improvements, service design guidelines, and performance monitoring. The project team will work with the City to finalize peer transit agencies to review. The peer agencies will be of similar size to Madera Metro if possible.

WSP

Page 6 ends

City of Madera Transit Plan Services Assessment
Project No. 31000189
City of Madera
TASK 4.2: DETERMINE PERFORMANCE METRICS
The project team will work with the City to identify a list of performance metrics that will be used to measure the success of the new network. These metrics will be informed by research of peer agencies and availability of data from the City. These performance metrics should assess the system in both qualitative and quantitative terms. Examples include the following:
• Ridership
o Annual average
o Per hour
o Per mile
• Operating cost
o Per hour
o Per mile
• Farebox recovery
• Cost per passenger
• Subsidy per passenger
• Percentage of population within ¼ mile of a bus stop
• On-board ridership survey to gauge satisfaction with new network TASK 4.3: CREATE IMPLEMENTATION PLAN
The project team will work with the City to develop an implementation plan for the new network. Following extensive outreach to notify the public of the upcoming changes, implementation of the network should occur all at once instead of a phased process. Elements of the plan should include specific due dates and contact information for staff members responsible for each task. The project team will also meet with staff from the City’s contracted transit operator to go over the new network and present the implementation plan.

Task 4 Deliverables:
• Industry best practices summary
• List of performance metrics
• Meet with transit operator
• Bus stop removal/adjustment list
• Training materials and meeting presentation for bus operators • Implementation plan including list of available staff and locations for deployment on first day of implementation • Update website and physical locations with current route information Madera Transit Plan Services Assessment
Project No. 31000189
City of Madera
WSP

Page 7 ends

TASK 5: DRAFT AND FINAL PLAN
TASK 5.1: PREPARE DRAFT AND FINAL PLAN
The project team will work with the City to develop a Draft and Final Plan with proposed bus stop improvements, new route alignments, and service design guidelines. The Plans will be based on the work completed in the previous tasks listed above.

TASK 5.2: PUBLIC HEARING AND FINAL PLAN ADOPTION
The project team will present the Final Plan for adoption by the City Council and send the final report to City staff for printing, distribution, and posting on the City’s website.

Task 5 Deliverables:
• Draft Plan
• Revised Final Plan
• Present Final Plan to City Management
• Presentation to the City Council and updated project materials including maps, bus stop locations and improvements, and service design guidelines
WSP

Page 8 ends

City of Madera Transit Plan Services Assessment
Project No. 31000189
City of Madera
2 PROJECT SCHEDULE
Table 1 Project Schedule
Task Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23

1.1: Kick-Off Meeting 

1.2: Monthly Invoicing and Reporting

1.3: Check-In Meetings

1.4: Project Management Plan (PMP) 

1.5: Committee Meetings

2.1: Status Meetings

2.2: Online Survey 

2.3: Project Flyer 

2.4: QR Code 

2.5: Social Media Materials

2.6: Community Forums 

2.7: Outreach (Special and Pop-Up) Events

2.8: Public Outreach Synopsis Report 

2.9: Stakeholder Engagement

3.1: Revise Route Alignment

3.2: Develop Conceptual Alternatives for
Walmart Stop/Terminal

3.3: Update Bus Stop Status

4.1: Review Best Practices

4.2: Determine Performance Metrics

4.3: Create Implementation Plan

5.1: Prepare Draft and Final Plan 

5.2: Public Hearing and Final Plan Adoption 
 Deliverable
2022 2023
Task 5: Draft and Final Plan
Task 4: Develop Implementation Plan
Task 3: Refine Route Re-Alignments
Task 2: Public Outreach
Task 1: Project Management
Madera Transit Plan Services Assessment
Project No. 31000189
City of Madera
WSP

Page 9 ends

3 COST ESTIMATE
Table 2 Project Cost Estimate
Task Total Cost

1.1: Kick-Off Meeting $ 854.04

1.2: Monthly Invoicing and Reporting $ 1,473.40

1.3: Check-In Meetings $ 5,251.02

1.4: Project Management Plan (PMP) $ 282.29

1.5: Committee Meetings $ 1,765.86
Task 1 Subtotal $ 9,626.61

2.1: Status Meetings $ 2,001.06

2.2: Online Survey $ 1,739.78

2.3: Project Flyer $ 3,638.04

2.4: QR Code $ 579.83

2.5: Social Media Materials $ 1,859.78

2.6: Community Forums $ 9,919.98

2.7: Outreach (Special and Pop-Up) Events $ 6,829.76

2.8: Public Outreach Synopsis Report $ 2,634.73

2.9: Stakeholder Engagement $ 2,895.00
Task 2 Subtotal $ 32,097.98

3.1: Revise Route Alignment $ 7,556.64

3.2: Develop Conceptual Alternatives for
Walmart Stop/Terminal $ 12,369.02

3.3: Update Bus Stop Status $ 4,323.04
Task 3 Subtotal $ 24,248.69

4.1: Review Best Practices $ 564.57

4.2: Determine Performance Metrics $ 2,937.33

4.3: Create Implementation Plan $ 4,122.46
Task 4 Subtotal $ 7,624.37

5.1: Prepare Draft and Final Plan $ 10,232.04

5.2: Public Hearing and Final Plan Adoption $ 3,061.55
Task 5 Subtotal $ 13,293.59
Other Direct Costs: Travel $ 500.00
Total $ 87,391.24
Lauren Tsoi
Sr. Lead Consultant,
Transportation Planner
Erik Bird
Senior Transportation
Planner
Cynthia Perez
Assistant Consultant
Spencer Jaeger
Assistant Planner
Civil Engineer
Hector Herrera
Project Accountant
G. Vivian
President/Project
Manager
D. Graham
Outreach Specialist
M. Hernandez
Intern
TOTAL
HOURS HOURS HOURS HOURS HOURS HOURS HOURS HOURS $
Loaded Rate: $ 224.51 $ 141.14 $ 98.98 $ 107.12 $ 165.45 $ 122.78 $ 328.65 $ 146.23 $ 51.11

1.1 1 3 1 1 6 $ 854.04 $ 854.04

1.2 12 12 $ 1,473.40 $ 1,473.40

1.3 4 25 4 4 37 $ 5,251.02 $ 5,251.02

1.4 2 2 $ 282.29 $ 282.29

1.5 1 8 2 2 13 $ 1,765.86 $ 1,765.86
6 38 7 7 12 70 $ 9,626.61 $ - $ 9,626.61

2.1 6 2 2 4 14 $ 2,001.06 $ 2,001.06

2.2 1 2 2 8 13 $ 1,499.78 $ 240.00 $ 1,739.78

2.3 1 4 10 15 $ 2,918.04 $ 720.00 $ 3,638.04

2.4 1 3 4 $ 579.83 $ 579.83

2.5 1 2 2 8 13 $ 1,499.78 $ 360.00 $ 1,859.78

2.6 1 16 4 32 53 $ 7,619.98 $ 2,300.00 $ 9,919.98

2.7 1 4 6 24 35 $ 3,559.76 $ 3,270.00 $ 6,829.76

2.8 2 2 6 16 26 $ 2,634.73 $ 2,634.73

2.9 1 16 2 2 21 $ 2,895.00 $ 2,895.00
1 30 2 2 32 35 92 194 $ 25,207.98 $ 6,890.00 $ 32,097.98

3.1 2 20 40 62 $ 7,556.64 $ 7,556.64

3.2 2 20 4 4 50 80 $ 12,369.02 $ 12,369.02

3.3 1 8 30 39 $ 4,323.04 $ 4,323.04
5 48 34 44 50 181 $ 24,248.69 $ - $ 24,248.69

4.1 4 4 $ 564.57 $ 564.57

4.2 1 8 16 25 $ 2,937.33 $ 2,937.33

4.3 1 8 2 24 35 $ 4,122.46 $ 4,122.46
2 20 18 24 64 $ 7,624.37 $ - $ 7,624.37

5.1 4 20 16 46 86 $ 10,232.04 $ 10,232.04

5.2 2 8 2 12 24 $ 3,061.55 $ 3,061.55
6 28 18 58 110 $ 13,293.59 $ - $ 13,293.59
20 164 79 135 50 12 32 35 92 619 $ 80,001.24 $ 6,890.00 $ 86,891.24 OTHER DIRECT COSTS (Please Itemize)
1 Postage $ -
2 Printing/Reproduction $ -
3 Travel $ 500.00 $ 500.00 $ 500.00
$ - $ 500.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 500.00 $ 500.00 TOTAL $ 4,490.23 $ 23,647.54 $ 7,819.36 $ 14,461.01 $ 8,272.73 $ 1,473.40 $ 10,516.80 $ 5,118.05 $ 4,702.12 619 $ 80,001.24 $ 7,390.00 $ 87,391.24 Madera Transit Plan - Phase II Cost Proposal
TASKS
Project Management Plan (PMP)

SUBTOTAL
Task 2: Public Outreach
Task 1: Project Management
Kick-Off Meeting
Monthly Invoicing and Reporting
Check-in Meetings
Committee Meetings
19-Apr-22
($) OTHER DIRECT COSTS

WSP USA INC
Status Meetings

SUBTOTAL
Online Survey
Project Flyer
QR Code
Social Media Materials
Community Forums
Outreach (Special and Pop-Up) Events
Public Outreach Synopsis Report
Develop Conceptual Alternatives for Walmart
Stop/Terminal
Update Bus Stop Status
VRPA
TOTAL HOURS($) TOTAL LABOR
Stakeholder Engagement
Task 3: Refine Route Re-Alignments
Revise Route Alignment

SUBTOTAL
Task 4: Develop Implementation Plan

TOTAL HOURS

OTHER DIRECT COSTS SUBTOTAL

SUBTOTAL
Determine Performance Metrics
Create Implementation Plan

SUBTOTAL
Task 5: Draft and Final Plan
Prepare Draft and Final Plan
Public Hearing and Final Plan Adoption
Review Best Practices

CITY OF MADERA
PURCHASING – CENTRAL SUPPLY

REQUEST FOR EXCEPTION TO COMPETITIVE BIDDING PROCESS
AND

DISCLOSURE STATEMENT
Product/service:

Estimated Total Cost: $
Proposed Vendor:

This form must accompany the purchase document whenever an exception to the competitive bidding process is requested. State and local laws subject the City to competitive bidding rules. Requests for goods and/r services from a specific vendor or limited to a specific brand, where substitutes to the recommended vendor or brand are unacceptable, must be accompanied by a written justification explaining the circumstances that make alternatives unacceptable. The employee signing the justification must disclose in writing whether or not he/she has a potential or actual conflict of interest.

City employees who have a business relationship with or financial interest in the recommended vendor must disclose the conflict of interest. Any employee with an actual or potential conflict of interest may not participate in the purchase decision.

The Purchasing Agent or authorized designee will determine whether the justification is appropriate.

Requests for exception must be supported by factual statements that will pass an audit.

INSTRUCTIONS

1. Please check all applicable categories (a. through i.) below and provide additional information where indicated.
a. The requested product is an integral repair part or accessory compatible with existing equipment.

Existing Equipment:

Manufacturer/Model Number:

Age:

Current Estimated Value:
b. The requested product has unique design/performance specifications or quality requirements that are not available in comparable products. c. I have standardized the requested product and the use of another brand/model would require considerable time and funding to evaluate.

Transit Systems Route Revision
87,391.24
WSP USA, Inc.
x

VALLEY CENTRAL
□
□
□
EXCEPTION TO BIDDING AND DISCLOSURE STATEMENT Page
Rev 3/12/08
2 d. The requested product is one in which I (and/or my staff) have specialized training and/or extensive expertise. Retraining would incur substantial cost in time and/or funding. e. The requested product is used or demonstration equipment available at a lower-than-new cost.
f. Repair/Maintenance service is available only from manufacturer or designated service representative.
g. Upgrade to or enhancement of existing software is available only from manufacturer. h. Service proposed by vendor is unique; therefore, competitive bids are not available or applicable.
i. Other factors (provide detailed explanation in #2 below).

2. Provide a detailed explanation and pertinent documentation for each category checked in item 1 above. Attach additional sheets if necessary:

3. Was an evaluation of other equipment, products, or services performed? Yes No
If yes, please provide all supporting documentation.

4. List below the name of each individual who was involved in the evaluation, if conducted, and in making the recommendation to procure this product or service. Attach additional information, if necessary. Each individual must submit a completed and signed Disclosure Statement (attached).

5. I certify that the above information is accurate to the best of my knowledge, and a signed copy of this document will be kept on file and available for audit in my department. _____________________________________________
Signature / Date Printed Name
Department Name Title
Purchasing Approvals
______________________________________________________
Procurement Services Manager / Date
See Attachment - D
x
Ivette Iraheta Michelle Avalos David Huff
David Huff Digitally signed by David Huff
Date: 2022.07.14 10:53:06
-07'00' 7.14.2022 David Huff
Grants Department Grants Program Manager
_______________
Procurement Servi
07/14/2022
□
□
□
□
□
□ □
EXCEPTION TO BIDDING AND DISCLOSURE STATEMENT Page
Rev 3/12/08
3 DISCLOSURE STATEMENT TO ACCOMPANY

REQUEST FOR EXCEPTION TO COMPETITIVE BIDDING PROCESS
Each individual involved in evaluating and/or in making a recommendation to purchase must complete, sign, and submit a Disclosure Statement with the applicable purchase document. Filing an annual statement of economic interest does not exempt an employee from this requirement. (Attach additional information if necessary.)

1. Please list any income or gifts you received from this company during the past 12 months:

2. Please list any financial interests (stocks, shares, investments, etc.) you have in this company:

3. Do you have any other type of business relationship with this company?

4. To the best of your knowledge, does any member of your departmental staff have a business relationship with this company?

5. Do you or any of your near relatives have any financial interest in this company?

6. Please provide any additional information you believe should be disclosed at this time:

7. I certify that the above information is true:
______________________________________
Signature Printed Name

Date Title
None
None
No
No
No
None
David Huff Digitally signed by David Huff
Date: 2022.07.14 10:53:57 -07'00'

7.14.2022
David Huff
Grants Program Manager
Madera City Hall, 205 W 4th Street, Madera, CA 93637
PHONE: (559) 661-5400 • www.maderametro.gov

Grants Department - Transit
David Huff, Program Manager
May 9, 2022
RE: Sole Source Justification for WSP USA, Inc. – Madera Transit Plan, Services Assessment – Phase II
This letter is being written to support the justification for the request of service from WSP USA, Inc. through the use of Sole Source. In November 2020, the City was awarded $100,000 through the Caltrans Sustainable Transportation Planning Grant for the “Madera Transit Plan – Services Assessment” (Project). The purpose of the project was to solely assess the City Transit System and to develop a set of standardized metrics. As work continued to progress, the City and WSP USA, Inc (Consultant) began to develop a draft of service changes for the enhancement of Transit Services to address deficiencies and areas of improvement.

The recommendations drafted were to address deficiencies often shared in multiple “Unmet Transit Needs” reports which are conducted annually by the Madera County Transportation Commission. Such deficiencies and/or service request were:
• Extended Hours of Operation
• Decrease Headway Times
• Weekend Service
• Efficient Systems
• User Friendly Service (Technology)
• Cleanliness
Due to the complexities of this project, the Madera Transit Plan has evolved into two categories labeled as Phase One and Phase Two. Phase One is to develop a set of guidelines and principles, performance measures, and standardized practices to assist the City Transit System with future growth and expansion. Phase Two will consist of the revision of routes and service expansions, community outreach, training, marketing, and implementation. To create a seamless transition and with an effort to not create any unacceptable delays, City staff is recommending extending the service of the Consultant for the implementation of Phase Two of the project.

The alternative would be to release an RFP to continue with the implementation of Phase Two but doing so would create a substantial duplication of cost and the procurement timeframe will cause a great delay in implementing the much need changes. The Consultant has provided a cost proposal for a total of $87,391.24 for the implementation of Phase Two and all expenses will be covered with the use of Local Transportation Funds.

Madera City Hall, 205 W 4th Street, Madera, CA 93637
PHONE: (559) 661-5400 • www.maderametro.gov
Phase One includes a draft of the suggested route revisions is scheduled to be presented to Council in July 2022. If the recommendation to extend the services of the Consultant are approved, the expected delivery date of Phase Two with the implementation of new services is schedule for March 2023.

Sincerely,
David Huff
City of Madera – Grants Department, Transit Program Manager

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: July 20, 2022
_________________________________ Agenda Number: ___________ Jamie Hickman, Interim Public Works Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Grant Offer for Airport Improvement Program (AIP)
RECOMMENDATION:

Adopt a Resolution authorizing the City Manager to execute the Grant Offer for Airport Improvement Program (AIP) Project No. 3-06-0144-034-with the Federal Aviation Administration in the amount of $1,172,875
SUMMARY:

The Madera Municipal Airport has a scheduled airfield drainage improvements project which will begin construction at the end of 2023. This project will improve drainage at the airport, including runways, taxiways, aprons, and tee hangar areas. The goal is to carry storm water into a ditch and pipe drainage system in the infield between Runway 12-30 and Taxiway P (see Figure 1). Agee Construction Corporation was the low-bidder for this job.

In order to proceed with this project, the funding from the Federal Aviation Administration (FAA) must be accepted by the City via execution of the grant offer.

D-5
Figure 1 Airfield Drainage Sketch
DISCUSSION:

On July 14, 2022, the Madera Municipal Airport was notified of its eligibility to receive $1,172,875 from the Federal Aviation Administration. These funds cover the project costs listed by the contractor in Table 1.

At the time of bidding the total available FAA funding was not known. In order to provide the City the most flexibility to award the scope of the contract based on the contractor’s pricing and the FAA’s available funding, the project was separated into a Base Bid and Alternate No. 1.

Table 1: Company Bid
Company Base Bid Additive Alternate 1 Base Bid Plus Additive Alternate 1
Agee Construction Corporation $737,000 $305,095 $1,042,095 An internal selection committee reviewed the proposals and along with the City's airport engineering consultant, Brandley Engineering, determined that Agee Construction should be awarded the contract. Factors that were considered included the bid dollar amount, responsiveness, and bid completeness.

By executing the grant agreement, the City will be accepting the funding for the airport airfield drainage improvement project. However, to accept the grant, Council approval is required.

FINANCIAL IMPACT:

Funding for this project is being provided by the FAA. Said funds are earmarked for airport related activities.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Approval of this agreement is not addressed in the Vision or Action Plans and is not in conflict with the actions or goals contained in that plan.

ALTERNATIVES:

If Council chooses not to adopt this Resolution, the City will lose out on the opportunity to acquire the funding and will delay the airfield drainage improvements at the airport.

ATTACHMENTS:

1. Resolution

2. Exhibit 1 –Grant Agreement
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING AN AIRPORT RESCUE GRANT AGREEMENT WITH

FEDERAL AVIATION ADMINISTRATION
WHEREAS, on July 14, 2022 the City of Madera was notified of its grant offer for Airport Improvement Program (AIP) Project No. 3-06-0144-034-2022 at Madera Municipal Airport; and WHEREAS, the FAA approved the grant funding subject to execution of a grant agreement; and
WHEREAS, the purpose of the grant is to provide funding for the airfield drainage improvements project; and
WHEREAS, the City wishes to accept the terms of FAA’s Grant offer.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA HEREBY finds, orders, and resolves as follows:

1. The above recitals are true and correct.

2. The City Council approves the grant offer with the Federal Aviation Administration which is attached as Exhibit 1 and incorporated herein by reference.

3. The Public Works Director or City Manager, or their designee is hereby authorized and empowered to execute the grant agreement in the name of the City of Madera.

4. This resolution is effective immediately upon adoption. * * * * * * * * * *
3-06-0144-034-2022
1 U.S. Department
of Transportation
Federal Aviation
Administration
Airports Division
Western-Pacific Region
California
San Francisco Airports
District Office:
1000 Marina Blvd, Ste 115
Brisbane, CA 94005-1863
{{DateTime_es_:signer1:calc(now()):format(date," mmmm d, yyyy")}} Mr. Dan Foss
Public Works Director
City of Madera
4020 Aviation Drive
Madera, CA 93637
Dear Mr. Foss:

The Grant Offer for Airport Improvement Program (AIP) Project No. 3-06-0144-034-2022 at Madera Municipal Airport is attached for execution. This letter outlines the steps you must take to properly enter into this agreement and provides other useful information. Please read the conditions, special conditions, and assurances that comprise the grant offer carefully.

You may not make any modification to the text, terms or conditions of the grant offer.

Steps You Must Take to Enter Into Agreement.

To properly enter into this agreement, you must do the following:

1. The governing body must give authority to execute the grant to the individual(s) signing the grant, i.e., the person signing the document must be the sponsor’s authorized representative(s) (hereinafter “authorized representative”).

2. The authorized representative must execute the grant by adding their electronic signature to the appropriate certificate at the end of the agreement.

3. Once the authorized representative has electronically signed the grant, the sponsor‘s attorney(s) will automatically receive an email notification.

4. On the same day or after the authorized representative has signed the grant, the sponsor‘s attorney(s) will add their electronic signature to the appropriate certificate at the end of the agreement.

5. If there are co-sponsors, the authorized representative(s) and sponsor‘s attorney(s) must follow the above procedures to fully execute the grant and finalize the process. Signatures must be obtained and finalized no later than Expiration Date: tbd.

6. The fully executed grant will then be automatically sent to all parties as an email attachment.

Payment. Subject to the requirements in 2 CFR § 200.305 (Federal Payment), each payment request for reimbursement under this grant must be made electronically via the Delphi eInvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System.

Project Timing. The terms and conditions of this agreement require you to complete the project without undue delay and no later than the Period of Performance end date (1,460 days from the grant execution 3-06-0144-034-2022
2 date). We will be monitoring your progress to ensure proper stewardship of these Federal funds. We expect you to submit payment requests for reimbursement of allowable incurred project expenses consistent with project progress. Your grant may be placed in “inactive” status if you do not make draws on a regular basis, which will affect your ability to receive future grant offers. Costs incurred after the Period of Performance ends are generally not allowable and will be rejected unless authorized by the FAA in advance.

Reporting. Until the grant is completed and closed, you are responsible for submitting formal reports as follows:
 For all grants, you must submit by December 31st of each year this grant is open:

1. A signed/dated SF-270 (Request for Advance or Reimbursement for non-construction projects) or SF-271 or equivalent (Outlay Report and Request for Reimbursement for Construction Programs), and

2. An SF-425 (Federal Financial Report).
 For non-construction projects, you must submit FAA Form 5100-140, Performance Report within 30 days of the end of the Federal fiscal year.
 For construction projects, you must submit FAA Form 5370-1, Construction Progress and Inspection Report, within 30 days of the end of each Federal fiscal quarter.

Audit Requirements. As a condition of receiving Federal assistance under this award, you must comply with audit requirements as established under 2 CFR part 200. Subpart F requires non-Federal entities that expend $750,000 or more in Federal awards to conduct a single or program specific audit for that year. Note that this includes Federal expenditures made under other Federal-assistance programs.

Please take appropriate and necessary action to ensure your organization will comply with applicable audit requirements and standards.

Closeout. Once the project(s) is completed and all costs are determined, we ask that you work with your FAA contact indicated below to close the project without delay and submit the necessary final closeout documentation as required by your Region/Airports District Office.

FAA Contact Information. Ron Biaoco, (405) 666-1062, [email protected] is the assigned program manager for this grant and is readily available to assist you and your designated representative with the requirements stated herein.

We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project.

Sincerely,
{{Sig_es_:signer1: signature}}
Laurie J. Suttmeier
Manager
3-06-0144-034-2022
3 U.S. Department
of Transportation
Federal Aviation
Administration
FAA Airport Improvement Program (AIP)

GRANT AGREEMENT
Part I - Offer
Federal Award Offer Date {{DateTime_es_:signer1:calc(now()):format(date," mmmm d, yyyy")}} Airport/Planning Area Madera Municipal Airport
FY2022 AIP Grant Number 3-06-0144-034-2022
Unique Entity Identifier HGAUD831PLK1
TO: City of Madera
(herein called the "Sponsor")
FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated April 7, 2022, for a grant of Federal funds for a project at or associated with the Madera Municipal Airport, which is included as part of this Grant Agreement; and
WHEREAS, the FAA has approved a project for the Madera Municipal Airport (herein called the “Project”) consisting of the following:

New Apron and Taxiway Storm Water Drainage Upgrade
which is more fully described in the Project Application.

NOW THEREFORE, Pursuant to and for the purpose of carrying out the Title 49, United States Code (U.S.C.), Chapters 471 and 475; 49 U.S.C. §§ 40101 et seq., and 48103; FAA Reauthorization Act of 2018 (Public Law Number 115-254); the Department of Transportation Appropriations Act, 2021 (Public Law 116-260, Division L); the Consolidated Appropriations Act, 2022 (Public Law 117-103); and the representations contained in the Project Application; and in consideration of: (a) the Sponsor’s adoption and ratification of the Grant Assurances attached hereto; (b) the Sponsor’s acceptance of this Offer; and (c) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurance and conditions as herein provided; 3-06-0144-034-2022
4 THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay ninety (90) percent of the allowable costs incurred accomplishing the Project as the United States share of the Project.

Assistance Listings Number (Formerly CFDA Number): 20.106 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

CONDITIONS

1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $1,172,875.

The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment, which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b):
$ 0 for planning
$ 1,172,875 airport development or noise program implementation; and, $ 0 for land acquisition.

2. Grant Performance. This Grant Agreement is subject to the following Federal award requirements:
a. Period of Performance:

1. Shall start on the date the Sponsor formally accepts this Agreement and is the date signed by the last Sponsor signatory to the Agreement. The end date of the Period of Performance is 4 years (1,460 calendar days) from the date of acceptance. The Period of Performance end date shall not affect, relieve, or reduce Sponsor obligations and assurances that extend beyond the closeout of this Grant Agreement.

2. Means the total estimated time interval between the start of an initial Federal award and the planned end date, which may include one or more funded portions or budget periods. (2 Code of Federal Regulations (CFR) § 200.1).
b. Budget Period:

1. For this Grant is 4 years (1,460 calendar days) and follows the same start and end date as the period of performance provided in paragraph (2)(a)(1). Pursuant to 2 CFR § 200.403(h), the Sponsor may charge to the Grant only allowable costs incurred during the Budget Period.

2. Means the time interval from the start date of a funded portion of an award to the end date of that funded portion during which the Sponsor is authorized to expend the funds awarded, including any funds carried forward or other revisions pursuant to 2 CFR § 200.308.
c. Close Out and Termination

1. Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout documentation and liquidate (pay-off) all obligations incurred under this award no later than 120 calendar days after the end date of the period of performance. If the Sponsor does not submit all required closeout documentation within this time period, the FAA will proceed to close out the grant within one year of the period of performance end date with the information available at the end of 120 days. (2 CFR § 200.344). 3-06-0144-034-2022
5 2. The FAA may terminate this Grant, in whole or in part, in accordance with the conditions set forth in 2 CFR § 200.340, or other Federal regulatory or statutory authorities as applicable.

3. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA has determined to be ineligible or unallowable.

4. Indirect Costs - Sponsor. The Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the project application as accepted by the FAA, to allowable costs for Sponsor direct salaries and wages.

5. Determining the Final Federal Share of Costs. The United States’ share of allowable project costs will be made in accordance with 49 U.S.C. § 47109, the regulations, policies, and procedures of the Secretary of Transportation (“Secretary”), and any superseding legislation. Final determination of the United States’ share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs.

6. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this Agreement, 49 U.S.C. Chapters 471 and 475, and the regulations, and the Secretary’s policies and procedures.

Per 2 CFR § 200.308, the Sponsor agrees to report and request prior FAA approval for any disengagement from performing the project that exceeds three months or a 25 percent reduction in time devoted to the project. The report must include a reason for the project stoppage. The Sponsor also agrees to comply with the grant assurances, which are part of this Agreement.

7. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor.

8. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before ________________________, or such subsequent date as may be prescribed in writing by the FAA.

9. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner for any project upon which Federal funds have been expended. For the purposes of this Grant Agreement, the term “Federal funds” means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary.

10. United States Not Liable for Damage or Injury. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this Grant Agreement.

11. System for Award Management (SAM) Registration and Unique Entity Identifier (UEI). 3-06-0144-034-2022
6 a. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR § 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this Grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). b. Unique entity identifier (UEI) means a 12-character alpha-numeric value used to identify a specific commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov at https://sam.gov/content/entity-registration.

12. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this Agreement electronically via the Delphi eInvoicing System for Department of Transportation (DOT) Financial Assistance Awardees.

13. Informal Letter Amendment of AIP Projects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter amendment to the Sponsor unilaterally reducing the maximum obligation.

The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments. The FAA’s authority to increase the maximum obligation does not apply to the “planning” component of Condition No. 1, Maximum Obligation.

The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of the United States.

An informal letter amendment has the same force and effect as a formal grant amendment.

14. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this Grant Agreement.

15. Financial Reporting and Payment Requirements. The Sponsor will comply with all Federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports.

16. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 U.S.C. § 50101, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for which funds are provided under this grant. The Sponsor will include a provision implementing Buy American in every contract and subcontract awarded under this Grant.

17. Build America, Buy America. The sponsor must comply with the requirements under the Build America, Buy America Act (Public Law 117-58).

18. Maximum Obligation Increase. In accordance with 49 U.S.C. § 47108(b)(3), as amended, the maximum obligation of the United States, as stated in Condition No. 1, Maximum Obligation, of this Grant Offer:
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7 a. May not be increased for a planning project;
b. May be increased by not more than 15 percent for development projects if funds are available; c. May be increased by not more than the greater of the following for a land project, if funds are available:

1. 15 percent; or

2. 25 percent of the total increase in allowable project costs attributable to acquiring an interest in the land.

If the sponsor requests an increase, any eligible increase in funding will be subject to the United States Government share as provided in 49 U.S.C. § 47110, or other superseding legislation if applicable, for the fiscal year appropriation with which the increase is funded. The FAA is not responsible for the same Federal share provided herein for any amount increased over the initial grant amount. The FAA may adjust the Federal share as applicable through an informal letter of amendment.

19. Audits for Sponsors.

PUBLIC SPONSORS. The Sponsor must provide for a Single Audit or program-specific audit in accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse’s Internet Data Entry System at http://harvester.census.gov/facweb/. Upon request of the FAA, the Sponsor shall provide one copy of the completed audit to the FAA. Sponsors that expend less than $750,000 in Federal awards and are exempt from Federal audit requirements must make records available for review or audit by the appropriate Federal agency officials, State, and Government Accountability Office. The FAA and other appropriate Federal agencies may request additional information to meet all Federal audit requirements.

20. Suspension or Debarment. When entering into a “covered transaction” as defined by 2 CFR § 180.200, the Sponsor must:
a. Verify the non-Federal entity is eligible to participate in this Federal program by:

1. Checking the excluded parties list system (EPLS) as maintained within the System for Award Management (SAM) to determine if the non-Federal entity is excluded or disqualified; or

2. Collecting a certification statement from the non-Federal entity attesting they are not excluded or disqualified from participating; or

3. Adding a clause or condition to covered transactions attesting the individual or firm are not excluded or disqualified from participating.
b. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower-tier transactions (e.g., Sub-contracts).
c. Immediately disclose in writing to the FAA whenever (1) the Sponsor learns they have entered into a covered transaction with an ineligible entity or (2) the Public Sponsor suspends or debars a contractor, person, or entity.

21. Ban on Texting While Driving.
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8 a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to:

1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant.

2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as:
a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and
b. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
b. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts, and subcontracts funded with this Grant.

22. Trafficking in Persons.
a. You as the recipient, your employees, subrecipients under this Grant, and subrecipients’ employees may not:

1. Engage in severe forms of trafficking in persons during the period of time that the Grant and applicable conditions are in effect;

2. Procure a commercial sex act during the period of time that the Grant and applicable conditions are in effect; or

3. Use forced labor in the performance of the Grant or any subgrants under this Grant. b. We as the Federal awarding agency, may unilaterally terminate this Grant, without penalty, if you or a subrecipient that is a private entity:

1. Is determined to have violated a prohibition in paragraph (a) of this condition; or

2. Has an employee who is determined by the agency official authorized to terminate the Grant to have violated a prohibition in paragraph (a) of this Condition through conduct that is either –
a. Associated with performance under this Grant; or
b. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement), as implemented by our agency at 2 CFR Part 1200. c. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (a) of this Condition. d. Our right to terminate unilaterally that is described in paragraph (a) of this Condition:

1. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. § 7104(g)), and
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9 2. Is in addition to all other remedies for noncompliance that are available to us under this Grant Agreement.

23. AIP Funded Work Included in a PFC Application. Within 90 days of acceptance of this Grant Agreement, the Sponsor must submit to the FAA an amendment to any approved Passenger Facility Charge (PFC) application that contains an approved PFC project also covered under this Grant Agreement as described in the project application. The airport sponsor may not make any expenditure under this Grant Agreement until project work addressed under this Grant Agreement is removed from an approved PFC application by amendment.

24. Exhibit “A” Property Map. The Exhibit “A” Property Map dated 12/15/2016, is incorporated herein by reference or is submitted with the project application and made part of this Grant Agreement.

25. Employee Protection from Reprisal.
a. Prohibition of Reprisals

1. In accordance with 41 U.S.C. § 4712, an employee of a Sponsor, grantee, subgrantee, contractor, or subcontractor may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub-paragraph (a)(2) below, information that the employee reasonably believes is evidence of:
i. Gross mismanagement of a Federal grant;
ii. Gross waste of Federal funds;
iii. An abuse of authority relating to implementation or use of Federal funds; iv. A substantial and specific danger to public health or safety; or v. A violation of law, rule, or regulation related to a Federal grant.

2. Persons and bodies covered. The persons and bodies to which a disclosure by an employee is covered are as follows:
i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Federal employee responsible for contract or grant oversight or management at the relevant agency;
v. A court or grand jury;
vi. A management official or other employee of the Sponsor, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct; or vii. An authorized official of the Department of Justice or other law enforcement agency.

3. Submission of Complaint. A person who believes that they have been subjected to a reprisal prohibited by paragraph (a) of this Condition may submit a complaint regarding the reprisal to the Office of Inspector General (OIG) for the U.S. Department of Transportation.

4. Time Limitation for Submittal of a Complaint. A complaint may not be brought under this subsection more than three years after the date on which the alleged reprisal took place.

5. Required Actions of the Inspector General. Actions, limitations, and exceptions of the Inspector General’s office are established under 41 U.S.C. § 4712(b).

6. Assumption of Rights to Civil Remedy. Upon receipt of an explanation of a decision not to conduct or continue an investigation by the OIG, the person submitting a complaint assumes the right to a civil remedy under 41 U.S.C. § 4712(c)(2). 3-06-0144-034-2022
10 SPECIAL CONDITIONS

26. Disadvantaged Business Enterprise (DBE)/Airport Concessions Disadvantaged Business Enterprise (ACDBE) Program. The Sponsor understands and agrees that the FAA will not make nor be obligated to make any payments on this Grant until the Sponsor has received from the FAA Office of Civil Rights approval of its DBE Program (reflecting compliance with 49 CFR Part 26), and, if applicable its ACDBE program (reflecting compliance with 49 CFR Part 23).

27. Plans and Specifications Approval Based Upon Certification. The FAA and the Sponsor agree that the FAA’s approval of the Sponsor’s Plans and Specification is based primarily upon the Sponsor’s certification to carry out the project in accordance with policies, standards, and specifications approved by the FAA. The Sponsor understands that:
a. The Sponsor’s certification does not relieve the Sponsor of the requirement to obtain prior FAA approval for modifications to any AIP standards or to notify the FAA of any limitations to competition within the project;
b. The FAA’s acceptance of a Sponsor’s certification does not limit the FAA from reviewing appropriate project documentation for the purpose of validating the certification statements; and
c. If the FAA determines that the Sponsor has not complied with their certification statements, the FAA will review the associated project costs to determine whether such costs are allowable under this Grant.

28. Buy American Executive Orders. The Sponsor agrees to abide by applicable Executive Orders in effect at the time this Grant Agreement is executed, including Executive Order 14005, Ensuring the Future Is Made in All of America by All of America’s Workers. 3-06-0144-034-2022
11 The Sponsor’s acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the Grant Assurances, terms, and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor’s acceptance of this Offer.

Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.

I declare under penalty of perjury that the foregoing is true and correct.1

UNITED STATES OF AMERICA

FEDERAL AVIATION ADMINISTRATION
{{Sig_es_:signer1:signature:dimension(height=12mm, width=70mm}} (Signature)
{{N_es_:signer1:fullname }}
(Typed Name)
{{*Ttl_es_:signer1:title }}
(Title of FAA Official)
1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 3-06-0144-034-2022
12 Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of the Grant Assurances, terms, and conditions in this Offer and in the Project Application.

I declare under penalty of perjury that the foregoing is true and correct.2 Dated {{DateTime_es_:signer2:calc(now()):format(date," mmmm d, yyyy")}} City of Madera
(Name of Sponsor)
{{Sig_es_:signer2:signature:dimension(height=12mm, width=70mm}} (Signature of Sponsor’s Authorized Official)
By: {{N_es_:signer2:fullname }}
(Typed Name of Sponsor’s Authorized Official)
Title:{{*Ttl_es_:signer2:title }}
(Title of Sponsor’s Authorized Official)
2 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 3-06-0144-034-2022
13 CERTIFICATE OF SPONSOR’S ATTORNEY
I, {{N_es_:signer3: fullname}}, acting as Attorney for the Sponsor do hereby certify:

That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of __California__. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor’s official representative, who has been duly authorized to execute this Grant Agreement, which is in all respects due and proper and in accordance with the laws of the said State; and Title 49, United States Code (U.S.C.), Chapters 471 and 475; 49 U.S.C. §§ 40101 et seq., and 48103; FAA Reauthorization Act of 2018 (Public Law Number 115-254); the Department of Transportation Appropriations Act, 2021 (Public Law 116-260, Division L); the Consolidated Appropriations Act, 2022 (Public Law 117-103); and the representations contained in the Project Application. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof.

I declare under penalty of perjury that the foregoing is true and correct.3 Dated at {{DateTime_es_:signer3:calc(now()):format(date," mmmm d, yyyy")}} By: {{Sig_es_:signer3:signature:dimension(height=12mm, width=70mm}} (Signature of Sponsor’s Attorney)
3 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both.

Airport Sponsor Assurances 5/2022 Page 1 of 19

ASSURANCES

AIRPORT SPONSORS
A. General.

1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors.

2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public-use airport; the term "private sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors.

3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this Grant Agreement.

B. Duration and Applicability.

1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor.

The terms, conditions and assurances of this Grant Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances.

2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor.

The preceding paragraph (1) also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project.

3. Airport Planning Undertaken by a Sponsor.

Unless otherwise specified in this Grant Agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 23, 25, 30, 32, 33, 34, and 37 in Section C apply to planning projects. The terms, conditions, and assurances of this Grant Agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport.

C. Sponsor Certification.

The sponsor hereby assures and certifies, with respect to this grant that:
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Airport Sponsor Assurances 5/2022 Page 2 of 19

1. General Federal Requirements
It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this Grant including but not limited to the following:

FEDERAL LEGISLATION
a. 49, U.S.C., subtitle VII, as amended.
b. Davis-Bacon Act, as amended — 40 U.S.C. §§ 3141-3144, 3146, and 3147, et seq.1 c. Federal Fair Labor Standards Act - 29 U.S.C. § 201, et seq. d. Hatch Act – 5 U.S.C. § 1501, et seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601, et seq.1,
2 f. National Historic Preservation Act of 1966 – Section 106 - 54 U.S.C. § 306108.1.1 g. Archeological and Historic Preservation Act of 1974 - 54 U.S.C. § 312501, et seq.1 h. Native Americans Grave Repatriation Act - 25 U.S.C. Section § 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended - 42 U.S.C. § 7401, et seq. j. Coastal Zone Management Act, P.L. 92-583, as amended - 16 U.S.C. § 1451, et seq. k. Flood Disaster Protection Act of 1973 – Section 102(a) - 42 U.S.C. § 4012a.1 l. 49 U.S.C. § 303, (formerly known as Section 4(f)).
m. Rehabilitation Act of 1973 - 29 U.S.C. § 794.
n. 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). o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.) (prohibits discrimination on the basis of disability).
p. Age Discrimination Act of 1975 - 42 U.S.C. § 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968, as amended - 42 U.S.C. § 4151, et seq.1 s. Powerplant and Industrial Fuel Use Act of 1978 – Section 403 - 42 U.S.C. § 8373. 1 t. Contract Work Hours and Safety Standards Act - 40 U.S.C. § 3701, et seq.1 u. Copeland Anti-kickback Act - 18 U.S.C. § 874.1
v. National Environmental Policy Act of 1969 - 42 U.S.C. § 4321, et seq.1 w. Wild and Scenic Rivers Act, P.L. 90-542, as amended – 16 U.S.C. § 1271, et seq. x. Single Audit Act of 1984 - 31 U.S.C. § 7501, et seq.2 y. Drug-Free Workplace Act of 1988 - 41 U.S.C. §§ 8101 through 8105. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as amended by section 6202 of P.L. 110-252).
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Airport Sponsor Assurances 5/2022 Page 3 of 19
aa. Civil Rights Restoration Act of 1987, P.L. 100-259. bb. Build America, Buy America Act, P.L. 117-58, Title IX.

EXECUTIVE ORDERS
a. Executive Order 11246 – Equal Employment Opportunity1 b. Executive Order 11990 – Protection of Wetlands
c. Executive Order 11998 – Flood Plain Management
d. Executive Order 12372 – Intergovernmental Review of Federal Programs e. Executive Order 12699 – Seismic Safety of Federal and Federally Assisted New Building Construction1
f. Executive Order 12898 – Environmental Justice
g. Executive Order 13166 – Improving Access to Services for Persons with Limited English Proficiency
h. Executive Order 13985 – Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government
i. Executive Order 13988 – Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation
j. Executive Order 14005 – Ensuring the Future is Made in all of America by All of America’s Workers
k. Executive Order 14008 – Tackling the Climate Crisis at Home and Abroad

FEDERAL REGULATIONS
a. 2 CFR Part 180 – OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement).
b. 2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.4, 5
c. 2 CFR Part 1200 – Nonprocurement Suspension and Debarment. d. 14 CFR Part 13 – Investigative and Enforcement Procedures. e. 14 CFR Part 16 – Rules of Practice For Federally-Assisted Airport Enforcement Proceedings. f. 14 CFR Part 150 – Airport Noise Compatibility Planning. g. 28 CFR Part 35 – Nondiscrimination on the Basis of Disability in State and Local Government Services.
h. 28 CFR § 50.3 – U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil Rights Act of 1964.
i. 29 CFR Part 1 – Procedures for Predetermination of Wage Rates.1 j. 29 CFR Part 3 – Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States.1 3-06-0144-034-2022
Airport Sponsor Assurances 5/2022 Page 4 of 19
k. 29 CFR Part 5 – Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act).1 l. 41 CFR Part 60 – Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally-assisted contracting requirements).1 m. 49 CFR Part 20 – New Restrictions on Lobbying.
n. 49 CFR Part 21 – Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. o. 49 CFR Part 23 – Participation by Disadvantage Business Enterprise in Airport Concessions. p. 49 CFR Part 24 – Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs.1 2
q. 49 CFR Part 26 – Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.
r. 49 CFR Part 27 – Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance.1
s. 49 CFR Part 28 – Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation. t. 49 CFR Part 30 – Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors. u. 49 CFR Part 32 – Governmentwide Requirements for Drug-Free Workplace (Financial Assistance).
v. 49 CFR Part 37 – Transportation Services for Individuals with Disabilities (ADA). w. 49 CFR Part 38 – Americans with Disabilities Act (ADA) Accessibility Specifications for Transportation Vehicles.
x. 49 CFR Part 41 – Seismic Safety.

FOOTNOTES TO ASSURANCE (C)(1)
1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors.
3 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation shall apply where applicable to private sponsors receiving Federal assistance under Title 49, United States Code.
4 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 5 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits.

SPECIFIC ASSURANCES
Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this grant agreement. 3-06-0144-034-2022
Airport Sponsor Assurances 5/2022 Page 5 of 19

2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:

It has legal authority to apply for this Grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor:

It has legal authority to apply for this Grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required.

3. Sponsor Fund Availability.

It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this Grant Agreement which it will own or control.

4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained.

5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary.
b. Subject to the FAA Act of 2018, Public Law 115-254, Section 163, it will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this Grant Agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this Grant Agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or 3-06-0144-034-2022
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document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this Grant Agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with Title 49, United States Code, the regulations and the terms, conditions and assurances in this Grant Agreement and shall ensure that such arrangement also requires compliance therewith.
g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.

6. Consistency with Local Plans.

The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport.

7. Consideration of Local Interest.

It has given fair consideration to the interest of communities in or near where the project may be located.

8. Consultation with Users.

In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed.
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9. Public Hearings.

In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary.

Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project.

10. Metropolitan Planning Organization.

In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted.

11. Pavement Preventive Maintenance-Management.

With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful.

12. Terminal Development Prerequisites.

For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under 49 U.S.C. § 44706, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft.

13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant, the total cost of the project in connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this Grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a Grant or relating to the project in connection with which this Grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United 3-06-0144-034-2022
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States not later than six (6) months following the close of the fiscal year for which the audit was made.

14. Minimum Wage Rates.

It shall include, in all contracts in excess of $2,000 for work on any projects funded under this Grant Agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor under 40 U.S.C. §§ 3141-3144, 3146, and 3147, Public Building, Property, and Works), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work.

15. Veteran's Preference.

It shall include in all contracts for work on any project funded under this Grant Agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in 49 U.S.C. § 47112.

However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates.

16. Conformity to Plans and Specifications.

It will execute the project subject to plans, specifications, and schedules approved by the Secretary.

Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this Grant Agreement, and, upon approval of the Secretary, shall be incorporated into this Grant Agreement.

Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this Grant Agreement.

17. Construction Inspection and Approval.

It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary.

18. Planning Projects.

In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities.
c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. 3-06-0144-034-2022
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d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant.

19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, State and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for:

1. Operating the airport's aeronautical facilities whenever required;

2. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and

3. Promptly notifying pilots of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood, or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended.

20. Hazard Removal and Mitigation.

It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards.
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21. Compatible Land Use.

It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended.

22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to:

1. Furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and

2. Charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non-tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non-tenants and signatory carriers and non-signatory carriers.

Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance, repair, and fueling) that it may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions.
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h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public.

23. Exclusive Rights.

It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services, and
b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code.

24. Fee and Rental Structure.

It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a Grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport.

25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport.

The following exceptions apply to this paragraph:

1. If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the 3-06-0144-034-2022
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revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply.

2. If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor’s acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996.

3. Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at 49 U.S.C. § 47102), if the FAA determines the airport sponsor meets the requirements set forth in Section 813 of Public Law 112-95
b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of 49 U.S.C. § 47107.

26. Reports and Inspections.

It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this Grant Agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail:

1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and
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2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property.

27. Use by Government Aircraft.

It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that:
a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds.

28. Land for Federal Facilities.

It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary.

29. Airport Layout Plan.
a. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, it will keep up to date at all times an airport layout plan of the airport showing:

1. boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto;

2. the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities;

3. the location of all existing and proposed non-aviation areas and of all existing improvements thereon; and

4. all proposed and existing access points used to taxi aircraft across the airport’s property boundary.

Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The 3-06-0144-034-2022
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sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport.
b. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, if a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary:

1. eliminate such adverse effect in a manner approved by the Secretary; or

2. bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary’s design standards beyond the control of the airport sponsor.

30. Civil Rights.

It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, color, and national origin (including limited English proficiency) in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4); creed and sex (including sexual orientation and gender identity) per 49 U.S.C. § 47123 and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program and activity conducted with, or benefiting from, funds received from this Grant. a. Using the definitions of activity, facility, and program as found and defined in 49 CFR §§

21.23(b) and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances.
b. Applicability

1. Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor’s program or activities, these requirements extend to all of the sponsor’s programs and activities.

2. Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith.

3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration.

The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is 3-06-0144-034-2022
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to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods:

1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or

2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this Grant Agreement and in all proposals for agreements, including airport concessions, regardless of funding source:
“The (City of Madera), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, [select businesses, or disadvantaged business enterprises or airport concession disadvantaged business enterprises] will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award.”
e. Required Contract Provisions.

1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally-assisted programs of the Department of Transportation (DOT), and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally-assisted programs of the DOT acts and regulations.

2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations.

3. It will insert non-discrimination contract clauses 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 sponsor.

4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties:
a. For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other 3-06-0144-034-2022
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participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance.

31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order:

1. Reinvestment in an approved noise compatibility project;

2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. § 47117(e);

3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. §§ 47114, 47115, or 47117

4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or

5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund.

If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue.
b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order:

1. Reinvestment in an approved noise compatibility project;

2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. § 47117(e);

3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. §§ 47114, 47115, or 47117

4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or

5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. 3-06-0144-034-2022
Airport Sponsor Assurances 5/2022 Page 17 of 19
c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial selfsufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989.
d. Disposition of such land under (a), (b), or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport.

32. Engineering and Design Services.

If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title 49 U.S.C., it will award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services in the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 of Title 40 U.S.C., or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport.

33. Foreign Market Restrictions.

It will not allow funds provided under this Grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction.

34. Policies, Standards, and Specifications.

It will carry out any project funded under an Airport Improvement Program Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, current FAA Advisory Circulars (https://www.faa.gov/airports/aip/media/aip-pfc-checklist.pdf) for AIP projects as of April 7, 2022.

35. Relocation and Real Property Acquisition.
a. It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. b. It will provide a relocation assistance program offering the services described in Subpart C of 49 CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24.
c. It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.

36. Access By Intercity Buses.

The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 3-06-0144-034-2022
Airport Sponsor Assurances 5/2022 Page 18 of 19

37. Disadvantaged Business Enterprises.

The sponsor shall not discriminate on the basis of race, color, national origin, or sex, in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor’s DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. §§ 3801-3809, 3812).

38. Hangar Construction.

If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner’s expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose.

39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined in 49 U.S.C. § 47102) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that:

1. Describes the requests;

2. Provides an explanation as to why the requests could not be accommodated; and

3. Provides a time frame within which, if any, the airport will be able to accommodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. 3-06-0144-034-2022
Airport Sponsor Assurances 5/2022 Page 19 of 19

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: July 20, 2022
_________________________________ Agenda Number: ___________ Arnoldo Rodriguez, City Manager
SUBJECT:

Discussion and Direction regarding a proposed Temporary Sewer Lift Station to serve the Villages at Almond Grove Specific Plan (Village D)
RECOMMENDATION:

This report is submitted for Discussion and Direction regarding a proposed Temporary Lift Station for a portion of The Villages at Almond Grove Specific Plan SUMMARY:

Links Ranch is a 214-unit single-family residential subdivision that is a portion of the Villages at Almond Grove Specific Plan (aka Village D). Council may recall that Links Ranch was initially approved on November 3, 2021, while the related Specific Plan was approved by Council on April 20, 2022. Links Ranch is within the boundaries of this plan area. These actions altogether facilitated the annexation and development of 1,800 +/- acres of urban development.

As part of the Links Ranch approval, it was determined that there is sufficient capacity to temporarily tie into the Westberry Sewer Line until the Road 23 Sewer Trunk Line is installed.

This was supported in a report from Akel Engineering, the City’s consultant for the sewer master plan. That report, dated January 7, 2022 and titled, Sewer System and Water System Hydraulic Model Evaluations, analyzed the ability for development of Links Ranch and additional area of the Villages at Almond Grove to be accommodated by the Westberry Sewer Line. That report (Exhibit C) indicated that due to greater water use efficiency since the adoption of 2014 Sewer System Master Plan, there is capacity in the Westberry Sewer Trunk Line, that would permit the development of the initial portions of the Villages at Almond Grove prior to construction of the Road 23 Sewer Trunk Line under the Fresno River and connecting to the sewer plant.

As currently conditioned, upon the installation of the trunk line in Road 23, Links Ranch would be required to reverse sewer flows to Road 23. Because of the inefficiency of reversing sewer flow plus the high cost of installing the ultimate infrastructure well before full buildout, the Developer is proposing to install a temporary lift station within the plan area (Exhibit A). The temporary lift station will service up to 491 dwelling units and associated uses until development necessitates E-1
the requirement of the installation and construction of the Road 23 Sewer Trunk Line. It is also noted that while Westberry line has capacity to accommodate some development, it is understood that it is a temporary solution and the permanent solution would still be required when development surpasses 491 units.

DISCUSSION:

The Road 23 Sewer Trunk Line is intended to serve the entire plan area of The Villages at Almond Grove and other development areas north and south of The Villages at Almond Grove.

Implementation of the Infrastructure Master Plan for the Villages at Almond Grove requires the construction of two permanent lift stations to get the sewer flows south of the Fresno River.

Once the flows go under the Fresno River, they will travel an additional 3 miles to the City’s Wastewater Treatment Facility. Unfortunately, until the Road 23 Sewer Trunk Line is installed, options are limited.

As part of the Links Ranch approval, the Project was permitted to tie into the Westberry Trunk sewer main for sewer services on a temporary basis if an analysis from Akel Engineering showed capacity. The master developer commissioned a report from Akel Engineering to determine the capacity for sewer and water services for the initial portion of the Villages at Almond Grove. That study indicated that there is capacity in the Westberry Sewer Trunk Line due to lower demand since the adoption of 2014 Sewer System Master Plan. This underutilization would permit the development of the initial portions of the Villages at Almond Grove prior to construction of the Road 23 trunk line.

Unfortunately, grading the initial phases of The Villages at Almond Grove to gravity flow the sewer to the east to Westberry is not efficient when the ultimate solution is to flow to Road 23 to the west. Rather, the Developer is proposing to install a temporary lift station within The Villages at Almond Grove Project site (see Exhibit A and B) as a more effective and efficient temporary solution until the Road 23 Sewer Trunk Line is constructed. The lift station would be designed and constructed to all sewer pump station specifications and design requirements contained in the 2020 Sewer System Management Plan or as may be specified by the City.

A temporary lift station is preferred by the Developer to provide short term sewer service to an area with minimal public infrastructure. The alternative, which is the installation of a temporary sewer main, requires the main to be six feet deep. Given that the sewer line would need to be raised six feet in order to gravity feed the southern portion of the subdivision, the result is a 12- foot increase in elevation. This would create a valley-like aesthetic appearance. In contrast, the temporary lift station will allow for normal grades in the plan area and will not result in excessive and unsightly retaining walls (Exhibit D) and or incur a cost that could affect the feasibility of construction.

It should also be noted that the Temporary Lift Station will be installed by the Developer at no cost to the City and without reimbursement. Thus, it will not burden the existing rate payers in the City as it will be paid for by the residents through a temporary Community Facilities District (CFD). The operations and maintenance assessment will be set based on the estimate submitted to and approved by the City. Comparative analysis indicates that the annual operations and maintenance cost for a temporary lift station is $18,000, making the per unit cost $36.70 per dwelling unit per year. Adding 20 percent contingency due to size of lift station and increases in costs would put the annual cost at $21,600, or $44.00 per dwelling unit per year for properties to be served by the temporary lift station (491 units). Further, the City would not need to maintain or service a permanent Sewer Trunk Line until the initial phases are constructed, which will translate into more residents paying into City fees before any maintenance or servicing is required.

It is further noted that the Developer will be responsible for abandoning the Temporary Lift Station and connecting the line to permanent facilities once the Road 23 trunk main is installed.

Other points to note:

1. The proposed CFD is temporary

2. The proposed CFD would only apply to those homes that connect to the Temporary Lift Station

3. This CFD would be paid as part of Property Taxes

4. Costs will be spread evenly over all residential units to be served by the temporary lift station (491 units)

5. CFD applies to the parcel, not the ratepayer

6. This CFD would be in addition to the Citywide CFD 2005-01

7. All operations, replacement, maintenance, including utility costs, will be paid for by the temporary CFD
Overall, the location of the temporary lift station will facilitate connection to the future backbone master plan sewer system for The Villages at Almond Grove.

Table 1 provides a summary of potential alternatives.

Table 1: Potential Alternatives for a Temporary Lift Station (TLS) Project without the benefit of
a TLS
Project with a TLS
Aesthetics Unsightly retaining walls Even grade, no oversized retaining walls
Cost to existing customers No additional cost No additional cost Cost to homeowners in
Links Ranch
$10,500 (One time cost per
house. Accounts for $18 per
cubic yard for imported dirt
and cost of retaining walls)
$826 (One time cost per house.

Lower cost because there is no
imported dirt)
Maximum costs per
homeowner (ongoing) N/A $44 a year maintenance
Community Facilities
District Notification to
homeowners in Links
Ranch
Part of sales contract
disclosures
Part of sales contract
disclosures
Cost to abandon the TLS N/A $35,000
Responsible Party for
abandoning the TLS N/A
Project developer installing the
permanent lift station required
of the Villages at Almond Grove
Specific Plan.

FINANCIAL IMPACT:

The installation and operation of the temporary lift station will not have a negative financial impact to the City. The Developer will pay for installation, and it will not rely on funding or reimbursements from the City. The temporary lift station will ultimately be removed as part of the project installing the permanent lift station required of the Villages at Almond Grove Specific Plan.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

The information contained herein is not addressed by the Vision Madera 2025 plan, nor is the information in conflict with that plan.

ALTERNATIVES:

This report is for Discussion and Direction.

ATTACHMENTS:

1. Exhibit A – Proposed Location of Temporary Lift Station

2. Exhibit B – Madera Master Planned Sewer Facilities

3. Exhibit C – Akel Report; Sewer System and Water System Hydraulic Model Evaluations for Links Ranch

4. Exhibit D – Conceptual Retaining Wall Exhibit

VICINITY MAP

NOT TO SCALE
Exhibit A
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PROJECT TITLE:

THE VILLAGES AT ALMOND GROVE
SHEET DESCRJPnON:

FIRST 500 UNITS EXHIBIT
C/TYOF: COUNTYOF:

MADERA MADERA
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PLANNING jj SUfWEYING . CIVIL ENGINEERING
12:.34 0 STREET, FRESNO, CALIFORNIA 9372.1
TEL; 559.449.4500 FAX; 559.449.4515
WWW.PRECJSIONENG.NET
Exhibit B
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January 2022 1 City of Madera
Links Ranch Sewer and Water Hydraulic Analysis
January 07, 2022
Precision Civil Engineering, Inc.
1234 O Street
Fresno, CA 93721
Attention: Ms. Lisette Cendejas, Project Engineer
Subject: Sewer System and Water System Hydraulic Model Evaluations for Links Ranch The Links Ranch project is a proposed development located southeast of the intersection of West Cleveland Avenue (Avenue 15 ½) and the northward extension of Road 24. The purpose of this technical memorandum (TM) is to document the results of the hydraulic sewer and hydraulic water systems modeling analysis related to the Links Ranch project, and identifying the impacts of this development on the existing sewer and water systems.

Scope of Work
The scope of work included the following 2 tasks
• Task 1 - Sewer System Hydraulic Analysis: The
2014 Sewer System Master Plan (2104 SSMP)
assigned the Links Ranch development area, along
with other adjacent lands West of Westberry, to a
future Road 23 sewer trunk. The 2014 SSMP
indicated that the Wesberry trunk will be running at full capacity during buildout flows of its current service
area, and thus could not accommodate additional
flows from the west of Westberry Boulevard. The
future Road 23 trunk is shown on the embedded
figure.

Water conservation efforts since the 2014 Sewer System Master Plan have resulted with significantly reduced system-wide flows, and thus providing an opportunity to route flows through the Westberry Trunk, from lands west of Westberry Boulevard, including the Links Ranch development.

This task consisted of completing a hydraulic analysis to identify the remaining capacity in the existing Westberry sewer trunk during existing conditions, as well as during the buildout Smart Planning Our Water Resources
Exhibit C
AKEL
ENGINEERING GROUP, INC.

Ave 14
Ave 13 .. .. 48
48 48 48
Ave 12
AKEL
January 2022 2 City of Madera
Links Ranch Sewer and Water Hydraulic Analysis
conditions of the general plan. The remaining capacity is intended to be expressed in Equivalent Dwelling Units (EDUs), and to exclude the developments west of Westberry Boulevard.
• Task 2 - Water System Hydraulic Analysis. The 2014 Water System Master Plan indicates that a well site is needed within proximity to the Links Ranch development. The City of Madera has also been planning the construction of a new well at the Granada site, north of West Cleveland Avenue and west of Granada Drive. This task evaluated the adequacy of the Granada site to service the Links Ranch development, in lieu of another well near the Links Ranch development.

Links Ranch and Adjacent Relevant Developments
Links Ranch, as well as other adjacent relevant developments, were identified and mapped on the exhibits included in this Technical Memorandum. These developments, including Links Ranch, are summarized in the table included in this section, and total up to 1,039 dwelling units.

It should be noted that some of the listed developments were either fully or partially included as tributary to the Westberry Trunk in the 2014 SSMP, and as documented in this table.

The following developments were included in the 2014 SSMP, as tributary to the Westberry Trunk:

Melanie Meadows at 172 units, Villa de Roma at 194 units, portions of Ranch Santa Fe (60 units), and totaling 426 units.

The remaining developments were assumed tributary to a future Road 23 Trunk, and thus not included as tributary to the Westberry Trunk in the 2014 SSMP: portions of Ranch Santa Fe at 122 units, Links Ranch at 214 units, and additional near Links Ranch at 277 units, an additional 137 units south of Fresno River, and totaling 750 units.

Development Total No. of
Dwelling Units
Units Tributary to
Existing Westberry
Trunk
in 2014 SSMP
Units Tributary to
Future Road 23 Trunk
in 2014 SSMP
Melanie Meadows 172 172 0
Ranch Santa Fe 182 60 122
Villa de Roma (now owned by
School District)
194 194 0
Links Ranch 214 0 214
Additional near Links Ranch 277 0 277
Additional south of Fresno
River
137 0 137
Total 1,176 426 750
January 2022 3 City of Madera
Links Ranch Sewer and Water Hydraulic Analysis
Sewer System Hydraulic Analysis and Recommendations
The sewer system hydraulic model flows were updated to reflect recent measured sewer flows at the wastewater treatment plant and to reflect more recent sewer flow monitoring along Pecan Avenue.

Future flows were projected based on the 2014 Sewer System Master Plan land use assumptions, though with reduced flows reflecting the impact of water conservation.

The sewer system hydraulic analysis results are summarized on Figure 1 and Figure 2., and for existing and buildout conditions, respectively. Each figure documents the remaining capacity to accommodate additional EDUs along the Westberry Trunk, between W. Cleveland Avenue and Pecan Avenue. Figure 1 (Existing Conditions) indicates that the Westberry Trunk has sufficient capacity for an additional 15,225 EDUs in segment 2, downstream from the Links Ranch connection, and up to 24,360 EDUs in the lower segment before it joins the Pecan Trunk. Figure 2 (Buildout Conditions) indicates that the excess capacity in segment 2 is reduced to 4,500 EDUs. This excess capacity at buildout reflects the efforts of water conservation efforts.

If should be noted that Figure 2 included the 426 units west of Wesberry Boulevard (discussed and tabulated in the previous section), as tributary to the Westberry trunk, consistent with the 2014 SSMP.

Recommendations: Figure 2 documents the excess capacities at the buildout of the Westberry Trunk service area, and excluding the 750 EDUs along the west side of Westberry Blvd. This updated hydraulic analysis, with results and remaining EDUs documented on Figure 2, indicate there is sufficient capacity to accommodate the 750 EDUs currently tributary to the future Road 23 Trunk (including Links Ranch), by re-routing them eastward to the Westberry Trunk, on a permanent basis.

It should be noted that this analysis did not include a review of the re-routing alignments for each of these individual development to the Wesberry Trunk. Also, lift stations are likely needed to route the flows eastward to the Westberry Trunk.

Water System Hydraulic Analysis and Recommendations
The water system hydraulic model demands were updated to reflect recent system wide production.

Furthermore, this effort included updating the hydraulic model to add the pipelines within the Melanie Meadows area and Villa de Roma developments, and to evaluate fire flow adequacy without the construction of a new well within proximity to these subdivisions. Instead, the intent of this analysis is to evaluate if a future Granada Well site can address the supply needs of Links Ranch development.

Recommendations: The hydraulic analysis indicates the Granada Well site can support the Links Ranch development for supply and fire flow protection needs, and the following distribution main improvement requirements were identified and shown on Figure 3. • Construct a new 12-inch water main, connecting the Granada Well site northward to an existing 12-inch water main on Granada Drive. This main is required for redundancy. • Replace the existing 8-inch water main on Granada Drive, and between West Cleveland Avenue and the Granada Well Site, with a new 12-inch water main.

January 2022 4 City of Madera
Links Ranch Sewer and Water Hydraulic Analysis
• Requirements for New Supply Wells. It should be noted that a System Wide Supply analysis (Draft No. 2 dated December 2021) indicates that the City needs to construct new supply wells to support any future developments. Thus, the construction of the Granada Well site, and integrating it into the water system, is considered a requirement for Links Ranch or any other future development.

In lieu of the Granada Well site, a new well site within closer proximity to the links Ranch, as stipulated in the 2014 Water System Master Plan, would also be a feasible alternate.

Respectfully submitted,
AKEL ENGINEERING GROUP, INC.

Tony Akel, P.E.

Senior Principal
Cc: Keith Helmuth, City of Madera City Engineer
City of Madera
Links Ranch

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48 48 42 42
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182 Units
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214 Units
Melanie Meadows
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File Path: P:\xGIS\GIS_Projects\Madera\Sewer\211029-WestberryTrunk\MA_Fig1_ExistingWestberry_EDUs_010622.mxd Sewer System Hydraulic Analysis
City of Madera
Figure 1
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Segment 1:3,530 EDUs
Segment 2:4,500 EDUs
Segment 3:6,150 EDUs
Segment 4:9,700 EDUs
Segment 5:10,550 EDUs
Segment 6:11,780 EDUs
Development Pointof Connection
Links Ranch
214 Units
Melanie Meadows
172 Units
Villa de Roma
194 Units
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W
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Westberry Trunk
Segment 1Segment 2Segment 3Segment 4Segment 5Segment 6
Available Capacityin EDUs
StreetsRailroadsCity LimitsParcels
File Path: P:\xGIS\GIS_Projects\Madera\Sewer\211029-WestberryTrunk\MA_Fig2_FutureWestberry_EDUs_010422.mxd Sewer System Hydraulic Analysis
City of Madera
Figure 2
Remaining EDUs for Westberry
Trunk, Buildout Flows

PRELIMINARY
Updated: January 4, 2022
5GIS
0 500 1,000 2,000
Feet
Notes:1. Available Capacity in EDUs
was based on 310 gpd/EDU

2. 750 EDUs from the identified
developments were excludedfrom analysis, per 2014 SSMP.

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Rancho Santa Fe
182 Units
Links Ranch
214 Units
Melanie Meadows
172 Units
Villa de Roma
194 Units
Additional Units
277 Units
Additional Units
137 Units
2 6
3 2
0 500 1,000 2,000
Updated: January 6, 2022
File Path: P:\xGIS\GIS_Projects\Madera\Water\211025-ImminentDev\MA_Fig3_ImminentDev_010622.mxd Feet
5GIS
Figure 3
Required Improvements for
Granada Well Site
Water System Hydraulic Analysis
City of Madera

PRELIMINARY
LegendProposed System
#* Wells
Pipeline ReplacementNew Construction PipelinePipeline To be Abandoned Existing System
#* Wells
Pipes by Diameter
6" or Smaller8" - 10"12" or LargerCity LimitsRailroadsStreetsFresno River C:l
--+--+-
ENGINEERING GROUP, INC.

Exhibit D
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405 PARK1tR~~t320-0345 ~~ ~URVEYORS DRIVE, CLOVIS ·c:T93EWAYENG.COM ' 611-4435

Madera City CouncilJuly 20, 2022

Madera City Council
July 20, 2022