Cities Index.
Agenda packet

Madera City Council
May 17, 2023

Document
Agenda packet
Meeting
May 17, 2023
Body
Madera City Council
Pages
32
Original file
102.0 MB
Text extracted from the city's file for reading and search. Open the original on www.madera.gov. That file is the official record.

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.

Page 2 ends

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.

Page 3 ends

Exhibit B
FY 2022-2023 Budget
MADERA PARKS & COMMUNITY SERVICES DEPT.

Madera Parks & Community Services Dept.

Budget Line Item Madera
Personnel Lines needed: 5
Administrative Cost
Staff Salaries
Consultation Services
Benefits
Taxes
Subtotal Personnel
Non-Personnel
Move-In Assistance
Supplies & Materials
Equipment
Communications
Meetings & Convenings
Travel & Transportation
Training
Consulting
Evaluation
Other Lines needed: 5
Senior Nutrition/Meals $30,000
Program Supplies
Transportation/Travel
Training/Inservice
Subtotal Non-Personnel $0
Total Personnel & Non-Personnel $30,000
Indirect Costs
TOTAL
Number of Persons Served:

Cost per Individual
$30,000
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A 2023/24 COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($617,500) WITH CITY

OF MADERA ENGINEERING DEPARTMENT
WHEREAS, the City Council has considered approval of the 2023/24 Community Development Block Grant Subrecipient Agreement with the City of Madera Engineering Department in the amount of $617,500 (“Agreement”); and WHEREAS, a copy of the Agreement is attached hereto as Exhibit 1 and incorporated by reference.

NOW, THEREFORE, the City Council of the City of Madera finds, determines, resolves and orders as follows:

1. The recitals listed above are true and correct.

2. The Council approves the Agreement between the City and the City Engineering Department.

3. This resolution is effective upon receipt of written confirmation from the U.S.

Department of Housing and Urban Development of the City of Madera 2023/24 Action Plan approval.

4. The Director of Financial Services is hereby authorized to take such action to implement the terms of the Resolution.

5. The City Clerk with concurrence from the City Attorney is authorized to make clerical and non-material corrections to this resolution and the Agreement.

6. This resolution is effective immediately upon adoption. *****
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COMMUNITY DEVELOPMENT BLOCK GRANT
SUBRECIPIENT 1AGREEMENT

BETWEEN THE CITY OF MADERA AND CITY OF MADERA ENGINEERING DEPARTMENT This Community Development Block Grant Subrecipient Agreement (“Agreement”) is entered into, effective on the date of July 1, 2023, by and between the City of Madera (“City”) and CITY OF MADERA ENGINEERING DEPARTMENT , hereafter referred to as "SUBRECIPIENT."

RECITALS
A. This Agreement sets forth the responsibilities of City and Subrecipient in accomplishing the objectives of the United States Department of Housing and Urban Development (HUD) Community Development Block Grant as set forth in the Housing and Community Development Act of 1974, (hereinafter referred to as “CDBG”), as amended.

B. The City has been designated as the sponsoring agency to administer and implement the program for the Community Development Block Grant (CDBG) activities of the CITY, and in accordance with the provisions of Title I of the Housing and Community Development Act of 1974, as amended, and the laws of the State of California.

C. Under the CDBG regulations the City may grant the CDBG funds to nonprofit organizations or public agencies for certain purposes.

D. otherwise, to engage the services of Subrecipient, and Subrecipient agrees to perform the services for CITY hereinafter described, for the compensation, during the term, and otherwise subject to the covenants and conditions hereinafter set forth.

AGREEMENT

1. Services
The Subrecipient shall provide all services and responsibilities as set forth in Scope of Work, which is attached to this Agreement, marked as EXHIBIT "A", and incorporated herein by reference.

2. Funding and Method of Payment
a. Compensation
Payments shall be made after receipt and verification of actual expenditures incurred by the Subrecipient in the performance of this Agreement and shall be documented to the City by the tenth (10th) day of the month following the end of each quarter. Allowable expenditures under this Agreement are specifically established, attached and incorporated by reference as EXHIBIT “B".
1 The total obligation of the City under this Agreement shall not exceed $617,500 in fiscal year 2023-2024. Any compensation not consumed by expenditures of the SUBRECIPIENT by the expiration of this Agreement shall automatically revert to the CITY. b. Public Information
The Subrecipient shall disclose in all public information its funding source. c. Lobbying Activity
The Subrecipient shall not directly or indirectly use any of the funds provided under this Agreement for publicity, lobbying, or propaganda purposes designed to support or defeat legislation pending before the Congress of the United States or the Legislature of the State of California.
d. Political Activity
The Subrecipient shall not directly or indirectly use any of the funds under this Agreement for any political activity or to further the election or defeat of any candidate for public office.

3. Fiscal Compliance
The SUBRECIPIENT shall be subject to the same fiscal regulations imposed on CITY by the U. S. Department of Housing and Urban Development for the use of CDBG funds.

4. Program Income
SUBRECIPIENT shall report quarterly all program income as required under 24 CFR 570.503(b)(3) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to City at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to City.

5. Compliance with Laws
If the SUBRECIPIENT receives CDBG funding under this Agreement, SUBRECIPIENT shall comply with all rules and regulations established pursuant to the Housing and Community Development Act of 1974 and its amendments and Uniform Administrative Requirements 2 under 24 CFR 570.503(b)(4). The Subrecipient and any subcontractors shall comply with all applicable local, State and Federal regulations, including but not limited to those requirements listed in Community Development Block Grant certifications attached hereto and incorporated herein by reference as EXHIBIT “C”.

6. Administrative Requirements/Financial Management/Accounting Standards Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.

7. Costs Principles
Subrecipient shall administer its program in conformance with OMB Uniform Guidance.

These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.

8. Contract Administration
City shall retain the right to administer this Agreement to verify that Subrecipient is performing its obligations in accordance with the terms and conditions of this Agreement.

Subrecipient and City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.

9. Period of Performance (Term of Agreement)
The Subrecipient shall commence performance under this Agreement on July 1, 2023, and shall end its performance June 30, 2024, unless terminated sooner as provided for elsewhere in this Agreement. The Agreement may be extended by written modification of the parties.

10. Records
a. Record Establishment and Maintenance
Subrecipient shall establish and maintain records in accordance with those requirements prescribed by City, with respect to all matters covered by this Agreement.

Subrecipient shall retain all fiscal books, account records, and client files for services performed under this Agreement for at least three (3) years from the date of the final payment under this Agreement or until all State and Federal audits are completed for that fiscal year, whichever is later. Pursuant to State and Federal law, it is the intent of the parties to this Agreement that the Subrecipient shall be reimbursed for actual costs incurred in the performance of this Agreement but that no profit is to accrue to the Subrecipient on account of such performance. 3 Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:

1. Records providing a full description of each activity undertaken;

2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;

3. Records required to determine the eligibility of activities;

4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;

5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;

6. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and

7. Other records necessary to document compliance with 24 CFR 570.503(b)(5). b. CDBG Reporting Requirements
Subrecipient shall submit reports to the City at minimum on a quarterly basis. The Subrecipient shall submit reimbursement requests with substantiating evidence justifying such request. Documentation may include invoice copies of paid invoices/receipts, copies of cash receipts or checks used to pay each invoice submitted, copies of timecards and related pay stubs for reimbursement. Timecards must be signed by both the employee and the designated Subrecipient Authorizing Official. Subrecipient shall submit quarterly reports via the City Data System.

TERM PERIOD DURATION DUE DATES
1 st Period July 1 - September 30 October 15
2 nd Period October 1 - December 31 January 15
3 rd Period January 1 - March 31 April 15
4 th Period April 1 - June 30 July 15
Subrecipient shall submit quarterly progress reports on the dates listed above. If a due date falls on a weekend or holiday, Subrecipient shall submit invoices and progress reports no later than the next business day.
c. Required Notifications
The Subrecipient shall also furnish to the City such statements, records, reports, data, and information as the City may request pertaining to matters covered by this Agreement. In the event the Subrecipient fails to provide such reports, it shall be deemed sufficient cause for the City to withhold payments until there is compliance. In addition, the Subrecipient shall provide written notification and explanation to the CITY within five (5) days of any funds 4 received from another source to conduct the same services covered by this Agreement.

City shall notify Subrecipient in writing within thirty (30) days of any potential State or Federal exception discovered during an examination. Where findings indicate that program requirements are not being met and State and Federal participation in this program may be imperiled in the event corrections are not accomplished by Subrecipient within thirty (30) days, written notification shall constitute City’s intent to terminate this Agreement.

Subrecipient shall report to City promptly and in written detail, each notice of claim of copyright infringement received by Subrecipient with respect to all subject data delivered under this Agreement. Subrecipient shall not affix any restrictive markings upon any data. If markings are affixed, City shall have the right at any time to modify, remove, obliterate, or ignore such markings.

11. Assignment
Subrecipient may not assign or transfer their obligation of this Agreement or any rights hereunder without the prior written consent of the other party.

12. Subcontracts
If the Subrecipient should propose to subcontract with one or more third parties to carry out a portion of those services described in EXHIBIT "A" insofar as it deems proper or efficient, any such subcontract shall be in writing and approved by the CITY prior to execution and implementation. Any such subcontract, together with all other activities performed, or caused by the Subrecipient, shall not allow compensation greater than the total project budget contained in EXHIBIT "B." An executed copy of any such subcontract shall be submitted to the City before any implementation and shall be retained by the City.

The Subrecipient shall be responsible to the City for the proper performance of any subcontract. Any subcontractor shall be subject to all of the same terms and conditions that the Subrecipient is subject to under this Agreement. No officer or director of the Subrecipient shall have any direct monetary interest in any subcontract made by the Subrecipient. A direct monetary interest contrary to this paragraph shall be deemed to exist, if an officer or director of the Subrecipient is also an owner, officer, or director of a corporation, association, or partnership subcontracting with the Subrecipient.

In addition, if the Subrecipient receives CDBG funds under this Agreement, the subcontractor shall be subject to CDBG federal regulations, including those listed in EXHIBIT "C".

13. Conflict of Interest
No officer, employee, or agent of the City who exercises any function or responsibility 5 for planning and carrying out of the services provided under this Agreement shall have any direct or indirect personal financial interest in this Agreement. The Subrecipient shall comply with the provisions of 24 CFR 570.611 with respect to conflicts of interest and covenants hat it presently has no financial interest, direct or indirect, which would conflict in any manger or degree with the performance of this Agreement. The Subrecipient further covenants that in the performance of this Agreement, no person having such a financial interest shall be employed or retained by Subrecipient.

14. Discrimination
a. Eligibility for Services
The Subrecipient shall prepare and make available to the CITY and to the public all eligibility requirements to participate in the program plan set forth in EXHIBIT "A." No person shall, on the grounds of race, color, national origin, sex, religion, age, or disability status, be excluded from participation in, and denied the benefits of, or be subjected to discrimination with respect to the services funded under this Agreement.

The Subrecipient’s services shall be accessible to the physically disabled, and the services of a translator, signer or assistive listening device shall be made available.

Subrecipient, in its marketing materials, shall specify assistance to access its services is available for deaf and hard-of-hearing persons by calling 711 or 1-800-735-2929 and, for voice users, 1-866-735-2922 for TTY Relay Services. Subrecipient shall comply with requirements set forth in the 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. b. Employment Opportunity
The Subrecipient shall comply with the CITY policy, the Community Development Block Grant regulations, and the Equal Employment Commission guidelines, which forbids discrimination against any person on the grounds of race, color, national origin, sex, religion, age, familial status, disability status, or any other status protected by law in employment practices. Such practices include retirement, recruitment advertising, hiring, layoff, termination, upgrading, demotion, transfer, rates of pay or other forms of compensation, use of facilities, and other terms and conditions of employment. c. Suspension of Compensation
If an allegation of discrimination occurs, the City shall withhold all further funds until the Subrecipient can show by clear and convincing evidence to the satisfaction of the City that funds provided under this Agreement were not used in connection with the alleged discrimination.
6 d. Nepotism
Except by written consent of the City, no person shall be employed by the Subrecipient who is related by blood or marriage or who is a member of the Board of Directors or an officer of the Subrecipient. In the event HUD determines a CDBG-funded Subrecipient’s organization/agency operations violate federal rules and regulations with regard to nepotism and/or conducts business and a conflict of interest issue arises, then Subrecipient shall accept all responsibility to return any CDBG funds received from City.

15. Termination
a. This Agreement may be immediately terminated by City for cause where in the determination of City, any of the following conditions exist: (1) an illegal or improper use of funds, (2) failure to comply with any terms of this Agreement, (3) a materially incorrect or incomplete report, (4) an improper performance of services. b. Any one of or combination of the above conditions will constitute grounds for suspension or termination of the Agreement. In no event shall any payment by the City hereunder constitute a waiver by the City of any breach of this Agreement or any default which may then exist on the part of the Subrecipient, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach of default. When there is a breach of this Agreement, as defined by this section, the City may, in its sole discretion, immediately suspend or terminate this Agreement.
c. City shall have the option to terminate this Agreement without obligation of City to reimburse Subrecipient from the date the Federal or State Government withholds or fails to disburse funds to City. In the event such government withholds or fails to disburse funds, City shall give Subrecipient notice of such funding limitation or termination within a reasonable time after City receives notice of same.
d. Upon thirty (30) days written notice to the other party, either party may terminate this Agreement without cause. Notice shall be deemed served upon mailing.

16. Amendments
Adjustments in the nature or scope of the program plan set forth in EXHIBIT “A” or changes of any line item within the total approved budget contained in EXHIBIT “B” may be approved in writing by the City Manager, or his designee.

17. Administration
The City of Madera Grants Department shall administer this Agreement.

18. Evaluation
7 The City shall monitor and evaluate the performance of the Subrecipient under this Agreement to determine to the best possible degree the success or failure of the services provided under this Agreement and the adequacy of the program plan contained in EXHIBIT "A.” The Subrecipient shall participate in evaluation of the program.

Subrecipient shall cooperate fully with City, State and Federal agencies, which shall have the right to monitor and audit all work performed under this Agreement.

Subrecipient shall also agree to on-site monitoring and personal interviews of participants, Subrecipient’s staff, and employees by appropriate City staff.

19. 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 only in Madera, California. 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.

20. Reversion of Assets
The Subrecipient must obtain prior written approval from the City whenever there is any modification or change in the use of any property acquired or improved, in whole or in part, using CDBG funds. If any real or personal property acquired or improved with CDBG funds is sold and/or is utilized by the Subrecipient for a use which does not qualify under the CDBG program, the Subrecipient shall reimburse the City in an amount equal to the current fair market value of the property, less any portion thereof attributable to expenditures of nonCDBG funds. These requirements shall continue in effect for the life of the property. In the event the CDBG program is closed-out, the requirements of this Section shall remain in effect for activities or property funded with CDBG funds, unless action is taken by the Federal government to relieve the City of these obligations.

21. Breach of Agreement
In the event the SUBRECIPIENT fails to comply with any of the terms of this Agreement, the CITY may, at its option, deem the SUBRECIPIENT’s failure as a material breach of this Agreement and utilize any of the remedies set forth in 24 CFR 85.43 or that it deems appropriate. Should the CITY deem a breach of this Agreement material, the CITY shall immediately be relieved of its obligations to make further payment as provided herein. In addition to the Agreement being terminated by the CITY in accord with a material breach of this Agreement by the SUBRECIPIENT, this Agreement may also be terminated for convenience by the CITY in accord with 24 CFR 85.44.

22. No Third-Party Beneficiaries
8 This Agreement is not intended to create and does not create any rights in or benefits to any third party, nor will it be deemed to confer rights or remedies upon any person or legal entity not a party to this Agreement.

23. Indemnification
Subrecipient shall indemnify, defend, and hold harmless the City, and its officers, employees, and agents (“City indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Subrecipient’s performance of its obligations under this agreement or out of the operations conducted by Subrecipient, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Subrecipient’s performance of this agreement, the Subrecipient shall provide a defense to the City indemnitees, or at the City’s option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims.

24. Independent Contractor
Subrecipient and its subcontractors shall perform this Agreement as independent contractors and not as officers, employees, agents or volunteers of City. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Subrecipient’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Subrecipient’s employees or subcontractors, any claim or right of action against City.

25. Insurance Requirements for Service Providers
Without limiting Subrecipient’s indemnification of City, and prior to commencement of Work, Subrecipient 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
Subrecipient shall maintain limits no less than:
 $1,000,000 General Liability (including operations, products and completed operations) per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. Coverage 9 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.
 $1,000,000 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 Service Provider 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.

Maintenance of Coverage
Subrecipient 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 Subrecipient, its agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.

Proof of Insurance
Subrecipient 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.

Agency reserves the right to require 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.

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

Specifications not Limiting
10 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 Service Provider maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Subrecipient.

Notice of Cancellation
Service Provider 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
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
Subrecipient shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Service Provider’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional Insurance
Service Provider 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.

26. Violation of Federal Rules and Regulations
In the event HUD determines a CDBG-funded Subrecipient has violated Federal rules and regulations and HUD requires repayment of CDBG funds, then Subrecipient shall repay any CDBG funds within 90 days of a written request from CITY.

27. General Provisions
a. Entire Agreement
11 This Agreement constitutes the entire agreement between Subrecipient and City with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications and understandings of any nature whatsoever unless expressly included in this Agreement. b. Notice.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid first-class mail:

To the City:

City of Madera – Grants Department
205 W. 4th St.

Madera, CA 93637
To the Subrecipient:

City of Madera Engineering Department
428 E Yosemite Ave
Madera, CA 93638
at his/her address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. c. Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. d. Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement that are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
e. Execution in Counterparts.
12 This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
///
13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective officers thereunto duly authorized as set forth below.

CITY OF MADERA: City of Madera Engineering Department:

By: ___________________________________ By: ______________________________ Santos Garcia, Mayor City of Madera Engineering Department Date: __________________________________ Date: ______________________________ ATTEST: APPROVED AS TO LEGAL FORM:

By: ___________________________________ By:_________________________________ Alicia Gonzales, City Clerk Hilda Cantú Montoy, City Attorney Date: __________________________________ Date:
14 _______________________________
Exhibit A
2023/2024

COMMUNITY DEVELOPMENT BLOCK GRANT

SUBRECIPIENT SCOPE OF WORK
I. PROJECT NAME: Madera Clinton Street Sewer & Water Project II. APPLICANT: Madera Engineering Department
III. PROJECT DESCRIPTION:

The project provides critically needed repair, rehabilitation and replacement of deteriorating sewer mains and water lines in Clinton Avenue identified from the 2021 Sewer & Water Condition Assessment as high likelihood of failure due to age and condition. This work is prerequisite to a planned paving and sidewalk project.

IV. CONFORMANCE WITH FEDERAL FUNDING REQUIREMENTS:

A. The proposed project is eligible for CDBG funding as a Public Service project as defined by CFR Section 570.201(e).

B. This activity meets the Federal objective of benefiting low- and moderate-income persons as limited clientele activity under Section 570.208(a)(2) because the program will serve the homeless / at risk community.

V. FUNDING PROPOSAL:

A. CDBG Project Budget: $617,500
B. Projected Completion Date: June 2024
VI. OUTCOME MEASUREMENTS:

Total number of persons that will receive a unduplicated service or benefit is: 7 VII. PROJECT QUARTERLY MILESTONES
Quarter Description of Anticipated Milestones
Quarter 1
July - September
Completion of Design Engineering and
preparation of Plans, Specifications and
Estimates for Bidding. Bid & Award Project.

Quarter 2
October - December
Complete construction.

Quarter 3
January - March
Closeout
Quarter 4
April – June

Exhibit B
FY 2023-2024 Budget

CITY OF MADERA ENGINEERING DEPARTMENT
City of Madera Engineering Department
Budget Line Item Madera
Personnel Lines needed:

Benefits
Taxes
Subtotal Personnel $0.00
Non-Personnel
Move-In Assistance
Supplies & Materials
Equipment
Communications
Meetings & Convenings
Travel & Transportation
Training
Consulting
Evaluation
Other Lines needed:

Subtotal Non-Personnel $617,500.00
Total Personnel & Non-Personnel $617,500.00
Indirect Costs
TOTAL $617,500.00
Number of Persons Served:

Cost per Individual
$617,500
Exhibit C

COMMUNITY DEVELOPMENT BLOCK GRANT CERTIFICATIONS
A. Federal Common Rule Requirements, including, but not limited to, Executive Order 11246, as amended by Executive Orders 11375 and 120860 and implementing regulations issued at 41 CFR Chapter 60; Davis-Bacon Act as amended (40 U.S.C. 276 a to a-7 and 29 CFR, Part 5); Copeland "Anti-Kick Back" Act (18 U.S.C. 874 and 29 CFR, Part 3); Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330 and 29 CFR, Part 5); Section 306 of the Clean Air Act (42 U.S.C. 0857 (h); Section 506 of the Clean Water Act (33 U.S.C. 1368); Executive Order 11738; Environmental Protection Agency Regulations (40 CFR Part 15); and applicable sections of 24 CFR 85.

Also in the common rule are mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with Energy Policy and Conservation Act (Pub L. 94 - 163 ).

B. Office of Management and Budget Circulars No. -21, A-102 revised, A-87, A-110, A-122 and A-128 as they relate to the acceptance and use of Federal funds under this program.

C. Executive Order 11063, as amended by Executive Order 11259, and implementing regulations at 24 CFR Part 107, as they relate to non-discrimination in housing.

D. The Architectural Barriers Act of 1968 ( 42 U .S.C. 4151 ).

E. Clean Air Act of 1970 (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. l 251 et seq.).

F. Bidding requirements contained in the California Public Contracts Code.

G. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) and HUD implementing regulations, 24 CFR Part I as it relates to prohibiting discriminatory action under any activity receiving Federal funds.

H. Provisions of the California Water Code Section 55350 et. sequens.

I. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and implementing regulations 24 CFR Part I as it relates to prohibiting discriminatory action under any activity receiving Federal funds.

J. Title VIII of the Civil Rights Act of 1968, (Pub. L. 90-284) as amended and implementing regulations 24 CFR l 07 as it relates to fair housing.

Page 1 of 3 ends

K. Section 5 04 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 IO 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.

Page 2 ends

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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RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A 2023/24 COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($215,000) WITH CITY

OF MADERA PARKS DEPARTMENT
WHEREAS, the City Council has considered approval of the 2023/24 Community Development Block Grant Subrecipient Agreement with the City of Madera Parks Department in the amount of $215,000 (“Agreement”); and
WHEREAS, a copy of the Agreement is attached hereto as Exhibit 1 and incorporated by reference.

NOW, THEREFORE, the City Council of the City of Madera finds, determines, resolves and orders as follows:

1. The recitals listed above are true and correct.

2. The Council approves the Agreement between the City and the City Parks Department.

3. This resolution is effective upon receipt of written confirmation from the U.S.

Department of Housing and Urban Development of the City of Madera 2023/24 Action Plan approval.

4. The Director of Financial Services is hereby authorized to take such action to implement the terms of the Resolution.

5. The City Clerk with concurrence from the City Attorney is authorized to make clerical and non-material corrections to this resolution and the Agreement.

6. This resolution is effective immediately upon adoption. *****
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1 COMMUNITY DEVELOPMENT BLOCK GRANT

SUBRECIPIENT AGREEMENT

BETWEEN THE CITY OF MADERA AND CITY OF MADERA PARKS DEPARTMENT This Community Development Block Grant Subrecipient Agreement (“Agreement”) is entered into, effective on the date of July 1, 2023, by and between the City of Madera (“City”) and CITY OF MADERA PARKS DEPARTMENT, hereafter referred to as "SUBRECIPIENT."

RECITALS
A. This Agreement sets forth the responsibilities of City and Subrecipient in accomplishing the objectives of the United States Department of Housing and Urban Development (HUD) Community Development Block Grant as set forth in the Housing and Community Development Act of 1974, (hereinafter referred to as “CDBG”), as amended.

B. The City has been designated as the sponsoring agency to administer and implement the program for the Community Development Block Grant (CDBG) activities of the CITY, and in accordance with the provisions of Title I of the Housing and Community Development Act of 1974, as amended, and the laws of the State of California.

C. Under the CDBG regulations the City may grant the CDBG funds to nonprofit organizations or public agencies for certain purposes.

D. otherwise, to engage the services of Subrecipient, and Subrecipient agrees to perform the services for CITY hereinafter described, for the compensation, during the term, and otherwise subject to the covenants and conditions hereinafter set forth.

AGREEMENT

1. Services
The Subrecipient shall provide all services and responsibilities as set forth in Scope of Work, which is attached to this Agreement, marked as EXHIBIT "A", and incorporated herein by reference.

2. Funding and Method of Payment
a. Compensation
Payments shall be made after receipt and verification of actual expenditures incurred by the Subrecipient in the performance of this Agreement and shall be documented to the City by the tenth (10th) day of the month following the end of each quarter. Allowable expenditures under this Agreement are specifically established, attached and incorporated by reference as EXHIBIT “B".
2 The total obligation of the City under this Agreement shall not exceed $215,000.00 in fiscal year 2023-2024. Any compensation not consumed by expenditures of the SUBRECIPIENT by the expiration of this Agreement shall automatically revert to the CITY. b. Public Information
The Subrecipient shall disclose in all public information its funding source. c. Lobbying Activity
The Subrecipient shall not directly or indirectly use any of the funds provided under this Agreement for publicity, lobbying, or propaganda purposes designed to support or defeat legislation pending before the Congress of the United States or the Legislature of the State of California.
d. Political Activity
The Subrecipient shall not directly or indirectly use any of the funds under this Agreement for any political activity or to further the election or defeat of any candidate for public office.

3. Fiscal Compliance
The SUBRECIPIENT shall be subject to the same fiscal regulations imposed on CITY by the U. S. Department of Housing and Urban Development for the use of CDBG funds.

4. Program Income
SUBRECIPIENT shall report quarterly all program income as required under 24 CFR 570.503(b)(3) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to City at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to City.

5. Compliance with Laws
If the SUBRECIPIENT receives CDBG funding under this Agreement, SUBRECIPIENT shall comply with all rules and regulations established pursuant to the Housing and Community Development Act of 1974 and its amendments and Uniform Administrative Requirements under 24 CFR 570.503(b)(4). The Subrecipient and any subcontractors shall comply with all applicable 3 local, State and Federal regulations, including but not limited to those requirements listed in Community Development Block Grant certifications attached hereto and incorporated herein by reference as EXHIBIT “C”.

6. Administrative Requirements/Financial Management/Accounting Standards Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.

7. Costs Principles
Subrecipient shall administer its program in conformance with OMB Uniform Guidance.

These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.

8. Contract Administration
City shall retain the right to administer this Agreement to verify that Subrecipient is performing its obligations in accordance with the terms and conditions of this Agreement.

Subrecipient and City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.

9. Period of Performance (Term of Agreement)
The Subrecipient shall commence performance under this Agreement on July 1, 2023, and shall end its performance June 30, 2024, unless terminated sooner as provided for elsewhere in this Agreement. The Agreement may be extended by written modification of the parties.

10. Records
a. Record Establishment and Maintenance
Subrecipient shall establish and maintain records in accordance with those requirements prescribed by City, with respect to all matters covered by this Agreement. Subrecipient shall retain all fiscal books, account records, and client files for services performed under this Agreement for at least three (3) years from the date of the final payment under this Agreement or until all State and Federal audits are completed for that fiscal year, whichever is later. Pursuant to State and Federal law, it is the intent of the parties to this Agreement that the Subrecipient shall be reimbursed for actual costs incurred in the performance of this Agreement but that no profit is to accrue to the Subrecipient on account of such performance.

Subrecipient shall maintain all records required by the Federal regulations specified in 24 4 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:

1. Records providing a full description of each activity undertaken;

2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;

3. Records required to determine the eligibility of activities;

4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;

5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;

6. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and

7. Other records necessary to document compliance with 24 CFR 570.503(b)(5). b. CDBG Reporting Requirements
Subrecipient shall submit reports to the City at minimum on a quarterly basis. The Subrecipient shall submit reimbursement requests with substantiating evidence justifying such request. Documentation may include invoice copies of paid invoices/receipts, copies of cash receipts or checks used to pay each invoice submitted, copies of timecards and related pay stubs for reimbursement. Timecards must be signed by both the employee and the designated Subrecipient Authorizing Official. Subrecipient shall submit quarterly reports via the City Data System.

TERM PERIOD DURATION DUE DATES
1 st Period July 1 - September 30 October 15
2 nd Period October 1 - December 31 January 15
3 rd Period January 1 - March 31 April 15
4 th Period April 1 - June 30 July 15
Subrecipient shall submit quarterly progress reports on the dates listed above. If a due date falls on a weekend or holiday, Subrecipient shall submit invoices and progress reports no later than the next business day.
c. Required Notifications
The Subrecipient shall also furnish to the City such statements, records, reports, data, and information as the City may request pertaining to matters covered by this Agreement. In the event the Subrecipient fails to provide such reports, it shall be deemed sufficient cause for the City to withhold payments until there is compliance. In addition, the Subrecipient shall provide written notification and explanation to the CITY within five (5) days of any funds received from another source to conduct the same services covered by this Agreement. 5 City shall notify Subrecipient in writing within thirty (30) days of any potential State or Federal exception discovered during an examination. Where findings indicate that program requirements are not being met and State and Federal participation in this program may be imperiled in the event corrections are not accomplished by Subrecipient within thirty (30) days, written notification shall constitute City’s intent to terminate this Agreement.

Subrecipient shall report to City promptly and in written detail, each notice of claim of copyright infringement received by Subrecipient with respect to all subject data delivered under this Agreement. Subrecipient shall not affix any restrictive markings upon any data. If markings are affixed, City shall have the right at any time to modify, remove, obliterate, or ignore such markings.

11. Assignment
Subrecipient may not assign or transfer their obligation of this Agreement or any rights hereunder without the prior written consent of the other party.

12. Subcontracts
If the Subrecipient should propose to subcontract with one or more third parties to carry out a portion of those services described in EXHIBIT "A" insofar as it deems proper or efficient, any such subcontract shall be in writing and approved by the CITY prior to execution and implementation. Any such subcontract, together with all other activities performed, or caused by the Subrecipient, shall not allow compensation greater than the total project budget contained in EXHIBIT "B." An executed copy of any such subcontract shall be submitted to the City before any implementation and shall be retained by the City.

The Subrecipient shall be responsible to the City for the proper performance of any subcontract. Any subcontractor shall be subject to all of the same terms and conditions that the Subrecipient is subject to under this Agreement. No officer or director of the Subrecipient shall have any direct monetary interest in any subcontract made by the Subrecipient. A direct monetary interest contrary to this paragraph shall be deemed to exist, if an officer or director of the Subrecipient is also an owner, officer, or director of a corporation, association, or partnership subcontracting with the Subrecipient.

In addition, if the Subrecipient receives CDBG funds under this Agreement, the subcontractor shall be subject to CDBG federal regulations, including those listed in EXHIBIT "C".

13. Conflict of Interest
No officer, employee, or agent of the City who exercises any function or responsibility for planning and carrying out of the services provided under this Agreement shall have any direct or indirect personal financial interest in this Agreement. The Subrecipient shall comply with the provisions of 24 CFR 570.611 with respect to conflicts of interest and covenants hat it presently 6 has no financial interest, direct or indirect, which would conflict in any manger or degree with the performance of this Agreement. The Subrecipient further covenants that in the performance of this Agreement, no person having such a financial interest shall be employed or retained by Subrecipient.

14. Discrimination
a. Eligibility for Services
The Subrecipient shall prepare and make available to the CITY and to the public all eligibility requirements to participate in the program plan set forth in EXHIBIT "A." No person shall, on the grounds of race, color, national origin, sex, religion, age, or disability status, be excluded from participation in, and denied the benefits of, or be subjected to discrimination with respect to the services funded under this Agreement.

The Subrecipient’s services shall be accessible to the physically disabled, and the services of a translator, signer or assistive listening device shall be made available. Subrecipient, in its marketing materials, shall specify assistance to access its services is available for deaf and hardof-hearing persons by calling 711 or 1-800-735-2929 and, for voice users, 1-866-735-2922 for TTY Relay Services. Subrecipient shall comply with requirements set forth in the 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.
b. Employment Opportunity
The Subrecipient shall comply with the CITY policy, the Community Development Block Grant regulations, and the Equal Employment Commission guidelines, which forbids discrimination against any person on the grounds of race, color, national origin, sex, religion, age, familial status, disability status, or any other status protected by law in employment practices. Such practices include retirement, recruitment advertising, hiring, layoff, termination, upgrading, demotion, transfer, rates of pay or other forms of compensation, use of facilities, and other terms and conditions of employment.
c. Suspension of Compensation
If an allegation of discrimination occurs, the City shall withhold all further funds until the Subrecipient can show by clear and convincing evidence to the satisfaction of the City that funds provided under this Agreement were not used in connection with the alleged discrimination. d. Nepotism
Except by written consent of the City, no person shall be employed by the Subrecipient who is related by blood or marriage or who is a member of the Board of Directors or an officer 7 of the Subrecipient. In the event HUD determines a CDBG-funded Subrecipient’s organization/agency operations violate federal rules and regulations with regard to nepotism and/or conducts business and a conflict of interest issue arises, then Subrecipient shall accept all responsibility to return any CDBG funds received from City.

15. Termination
a. This Agreement may be immediately terminated by City for cause where in the determination of City, any of the following conditions exist: (1) an illegal or improper use of funds, (2) failure to comply with any terms of this Agreement, (3) a materially incorrect or incomplete report, (4) an improper performance of services. b. Any one of or combination of the above conditions will constitute grounds for suspension or termination of the Agreement. In no event shall any payment by the City hereunder constitute a waiver by the City of any breach of this Agreement or any default which may then exist on the part of the Subrecipient, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach of default. When there is a breach of this Agreement, as defined by this section, the City may, in its sole discretion, immediately suspend or terminate this Agreement.
c. City shall have the option to terminate this Agreement without obligation of City to reimburse Subrecipient from the date the Federal or State Government withholds or fails to disburse funds to City. In the event such government withholds or fails to disburse funds, City shall give Subrecipient notice of such funding limitation or termination within a reasonable time after City receives notice of same.
d. Upon thirty (30) days written notice to the other party, either party may terminate this Agreement without cause. Notice shall be deemed served upon mailing.

16. Amendments
Adjustments in the nature or scope of the program plan set forth in EXHIBIT “A” or changes of any line item within the total approved budget contained in EXHIBIT “B” may be approved in writing by the City Manager, or his designee.

17. Administration
The City of Madera Grants Department shall administer this Agreement.

18. Evaluation
The City shall monitor and evaluate the performance of the Subrecipient under this Agreement to determine to the best possible degree the success or failure of the services provided under this Agreement and the adequacy of the program plan contained in EXHIBIT "A.” 8 The Subrecipient shall participate in evaluation of the program.

Subrecipient shall cooperate fully with City, State and Federal agencies, which shall have the right to monitor and audit all work performed under this Agreement.

Subrecipient shall also agree to on-site monitoring and personal interviews of participants, Subrecipient’s staff, and employees by appropriate City staff.

19. 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 only in Madera, California. 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.

20. Reversion of Assets
The Subrecipient must obtain prior written approval from the City whenever there is any modification or change in the use of any property acquired or improved, in whole or in part, using CDBG funds. If any real or personal property acquired or improved with CDBG funds is sold and/or is utilized by the Subrecipient for a use which does not qualify under the CDBG program, the Subrecipient shall reimburse the City in an amount equal to the current fair market value of the property, less any portion thereof attributable to expenditures of non-CDBG funds. These requirements shall continue in effect for the life of the property. In the event the CDBG program is closed-out, the requirements of this Section shall remain in effect for activities or property funded with CDBG funds, unless action is taken by the Federal government to relieve the City of these obligations.

21. Breach of Agreement
In the event the SUBRECIPIENT fails to comply with any of the terms of this Agreement, the CITY may, at its option, deem the SUBRECIPIENT’s failure as a material breach of this Agreement and utilize any of the remedies set forth in 24 CFR 85.43 or that it deems appropriate.

Should the CITY deem a breach of this Agreement material, the CITY shall immediately be relieved of its obligations to make further payment as provided herein. In addition to the Agreement being terminated by the CITY in accord with a material breach of this Agreement by the SUBRECIPIENT, this Agreement may also be terminated for convenience by the CITY in accord with 24 CFR 85.44.

22. No Third-Party Beneficiaries
This Agreement is not intended to create and does not create any rights in or benefits to any third party, nor will it be deemed to confer rights or remedies upon any person or legal entity not a party to this Agreement.
9 23. Indemnification
Subrecipient shall indemnify, defend, and hold harmless the City, and its officers, employees, and agents (“City indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Subrecipient’s performance of its obligations under this agreement or out of the operations conducted by Subrecipient, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Subrecipient’s performance of this agreement, the Subrecipient shall provide a defense to the City indemnitees, or at the City’s option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims.

24. Independent Contractor
Subrecipient and its subcontractors shall perform this Agreement as independent contractors and not as officers, employees, agents or volunteers of City. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Subrecipient’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Subrecipient’s employees or subcontractors, any claim or right of action against City.

25. Insurance Requirements for Service Providers
Without limiting Subrecipient’s indemnification of City, and prior to commencement of Work, Subrecipient 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
Subrecipient shall maintain limits no less than:
▪ $1,000,000 General Liability (including operations, products and completed operations) per occurrence, $2,000,000 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.
10 ▪ $1,000,000 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 Service Provider 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.

Maintenance of Coverage
Subrecipient 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 Subrecipient, its agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.

Proof of Insurance
Subrecipient 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. Agency reserves the right to require 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.

Enforcement of Contract Provisions (non estoppel)
Service Provider acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Service Provider 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 11 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 Service Provider maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Subrecipient.

Notice of Cancellation
Service Provider 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
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
Subrecipient shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Service Provider’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional Insurance
Service Provider 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.

26. Violation of Federal Rules and Regulations
In the event HUD determines a CDBG-funded Subrecipient has violated Federal rules and regulations and HUD requires repayment of CDBG funds, then Subrecipient shall repay any CDBG funds within 90 days of a written request from CITY.

27. General Provisions
a. Entire Agreement
This Agreement constitutes the entire agreement between Subrecipient and City with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications and understandings of any nature whatsoever unless expressly included in this Agreement. 12 b. Notice.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid first-class mail:

To the City:

City of Madera – Grants Department
205 W. 4th St.

Madera, CA 93637
To the Subrecipient:

Madera Parks & Community Services Department
221 Flume Street
Madera, CA 93638
at his/her address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. c. Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. d. Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement that are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. e. Execution in Counterparts.
13 This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
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14 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective officers thereunto duly authorized as set forth below.

CITY OF MADERA: City of Madera Parks Department:

By: ___________________________________ By: ______________________________ Santos Garcia, Mayor City of Madera Parks Department
Date: __________________________________ Date: ______________________________ ATTEST: APPROVED AS TO LEGAL FORM:

By: ___________________________________ By:_________________________________ Alicia Gonzales, City Clerk Hilda Cantú Montoy, City Attorney Date: __________________________________ Date: _______________________________ Exhibit A
2023/2024

COMMUNITY DEVELOPMENT BLOCK GRANT

SUBRECIPIENT SCOPE OF WORK
I. PROJECT NAME: Madera Centennial Park Pool Complex
II. APPLICANT: Madera Parks and Community Services Department III. PROJECT DESCRIPTION:

Centennial Park Pool Complex is in the John Wells Youth Center. The pool complex is in dire need of retile and replaster of the lap and diving pools, as well as additional improvement needs such as adding shade sails for high-temperature and UV protection for all users. The pool complex operates during an aquatics season typically from April to August.

IV. CONFORMANCE WITH FEDERAL FUNDING REQUIREMENTS:

A. The proposed project is eligible for CDBG funding as a Public Service project as defined by CFR Section 570.201(e).

B. This activity meets the Federal objective of benefiting low- and moderate-income persons as limited clientele activity under Section 570.208(a)(2) because the program will serve the homeless / at risk community.

V. FUNDING PROPOSAL:

A. CDBG Project Budget: $215,000
B. Projected Completion Date: June 2024
VI. OUTCOME MEASUREMENTS:

Total number of persons that will receive a unduplicated service or benefit is: 7,500 VII. PROJECT QUARTERLY MILESTONES
Quarter Description of Anticipated Milestones
Quarter 1
July - September
Procurement process planning, finalized and
published by September 30, 2023.

Quarter 2
October - December
Contract award and start date set. Goal of
accomplishing improvement projects during
the pool off-season winter months.

Quarter 3
January - March
Improvement projects completed by March
30, 2024, in anticipation of the 2024 summer
aquatics season to begin April 2024.

Quarter 4 2024 aquatics season in effect with new
improvements.

April – June
Exhibit B
FY 2022-2023 Budget
MADERA PARKS & COMMUNITY SVCS DEPT.

Madera Parks & Community Svcs Dept.

Budget Line Item Madera
Personnel Lines needed: 1
Administrative Costs $10,750
Benefits
Taxes
Subtotal Personnel $10,750
Non-Personnel
Move-In Assistance
Supplies & Materials
Equipment
Communications
Meetings & Convenings
Travel & Transportation
Training
Consulting
Evaluation
Other Lines needed: 1
Improvements/Materials $204,250
Subtotal Non-Personnel $204,250
Total Personnel & Non-Personnel $215,000
Indirect Costs
TOTAL
Number of Persons Served:

Cost per Individual
Exhibit C

COMMUNITY DEVELOPMENT BLOCK GRANT CERTIFICATIONS
A. Federal Common Rule Requirements, including, but not limited to, Executive Order 11246, as amended by Executive Orders 11375 and 120860 and implementing regulations issued at 41 CFR Chapter 60; Davis-Bacon Act as amended (40 U.S.C. 276 a to a-7 and 29 CFR, Part 5); Copeland "Anti-Kick Back" Act (18 U.S.C. 874 and 29 CFR, Part 3); Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330 and 29 CFR, Part 5); Section 306 of the Clean Air Act (42 U.S.C. 0857 (h); Section 506 of the Clean Water Act (33 U.S.C. 1368); Executive Order 11738; Environmental Protection Agency Regulations (40 CFR Part 15); and applicable sections of 24 CFR 85.

Also in the common rule are mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with Energy Policy and Conservation Act (Pub L. 94 - 163 ).

B. Office of Management and Budget Circulars No. -21, A-102 revised, A-87, A-110, A-122 and A-128 as they relate to the acceptance and use of Federal funds under this program.

C. Executive Order 11063, as amended by Executive Order 11259, and implementing regulations at 24 CFR Part 107, as they relate to non-discrimination in housing.

D. The Architectural Barriers Act of 1968 ( 42 U .S.C. 4151 ).

E. Clean Air Act of 1970 (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. l 251 et seq.).

F. Bidding requirements contained in the California Public Contracts Code.

G. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) and HUD implementing regulations, 24 CFR Part I as it relates to prohibiting discriminatory action under any activity receiving Federal funds.

H. Provisions of the California Water Code Section 55350 et. sequens.

I. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and implementing regulations 24 CFR Part I as it relates to prohibiting discriminatory action under any activity receiving Federal funds.

J. Title VIII of the Civil Rights Act of 1968, (Pub. L. 90-284) as amended and implementing regulations 24 CFR l 07 as it relates to fair housing.

Page 1 of 3 ends

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.

Page 2 ends

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.

Page 3 ends

RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A 2023/24 COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($148,386) WITH CITY

OF MADERA PARKS DEPARTMENT
WHEREAS, the City Council has considered approval of the 2023/24 Community Development Block Grant Subrecipient Agreement with the City of Madera Parks Department in the amount of $148,386 (“Agreement”); and
WHEREAS, a copy of the Agreement is attached hereto as Exhibit 1 and incorporated by reference.

NOW, THEREFORE, the City Council of the City of Madera finds, determines, resolves and orders as follows:

1. The recitals listed above are true and correct.

2. The Council approves the Agreement between the City and the City Parks Department.

3. This resolution is effective upon receipt of written confirmation from the U.S.

Department of Housing and Urban Development of the City of Madera 2023/24 Action Plan approval.

4. The Director of Financial Services is hereby authorized to take such action to implement the terms of the Resolution.

5. The City Clerk with concurrence from the City Attorney is authorized to make clerical and non-material corrections to this resolution and the Agreement.

6. This resolution is effective immediately upon adoption. *****
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1 COMMUNITY DEVELOPMENT BLOCK GRANT

SUBRECIPIENT AGREEMENT

BETWEEN THE CITY OF MADERA AND CITY OF MADERA PARKS DEPARTMENT This Community Development Block Grant Subrecipient Agreement (“Agreement”) is entered into, effective on the date of July 1, 2023, by and between the City of Madera (“City”) and CITY OF MADERA PARKS DEPARMENT, hereafter referred to as "SUBRECIPIENT."

RECITALS
A. This Agreement sets forth the responsibilities of City and Subrecipient in accomplishing the objectives of the United States Department of Housing and Urban Development (HUD) Community Development Block Grant as set forth in the Housing and Community Development Act of 1974, (hereinafter referred to as “CDBG”), as amended.

B. The City has been designated as the sponsoring agency to administer and implement the program for the Community Development Block Grant (CDBG) activities of the CITY, and in accordance with the provisions of Title I of the Housing and Community Development Act of 1974, as amended, and the laws of the State of California.

C. Under the CDBG regulations the City may grant the CDBG funds to nonprofit organizations or public agencies for certain purposes.

D. otherwise, to engage the services of Subrecipient, and Subrecipient agrees to perform the services for CITY hereinafter described, for the compensation, during the term, and otherwise subject to the covenants and conditions hereinafter set forth.

AGREEMENT

1. Services
The Subrecipient shall provide all services and responsibilities as set forth in Scope of Work, which is attached to this Agreement, marked as EXHIBIT "A", and incorporated herein by reference.

2. Funding and Method of Payment
a. Compensation
Payments shall be made after receipt and verification of actual expenditures incurred by the Subrecipient in the performance of this Agreement and shall be documented to the City by the tenth (10th) day of the month following the end of each quarter. Allowable expenditures under this Agreement are specifically established, attached and incorporated by reference as EXHIBIT “B".
2 The total obligation of the City under this Agreement shall not exceed $148,386.00 in fiscal year 2023-2024. Any compensation not consumed by expenditures of the SUBRECIPIENT by the expiration of this Agreement shall automatically revert to the CITY. b. Public Information
The Subrecipient shall disclose in all public information its funding source. c. Lobbying Activity
The Subrecipient shall not directly or indirectly use any of the funds provided under this Agreement for publicity, lobbying, or propaganda purposes designed to support or defeat legislation pending before the Congress of the United States or the Legislature of the State of California.
d. Political Activity
The Subrecipient shall not directly or indirectly use any of the funds under this Agreement for any political activity or to further the election or defeat of any candidate for public office.

3. Fiscal Compliance
The SUBRECIPIENT shall be subject to the same fiscal regulations imposed on CITY by the U. S. Department of Housing and Urban Development for the use of CDBG funds.

4. Program Income
SUBRECIPIENT shall report quarterly all program income as required under 24 CFR 570.503(b)(3) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to City at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to City.

5. Compliance with Laws
If the SUBRECIPIENT receives CDBG funding under this Agreement, SUBRECIPIENT shall comply with all rules and regulations established pursuant to the Housing and Community Development Act of 1974 and its amendments and Uniform Administrative Requirements under 24 CFR 570.503(b)(4). The Subrecipient and any subcontractors shall comply with all applicable 3 local, State and Federal regulations, including but not limited to those requirements listed in Community Development Block Grant certifications attached hereto and incorporated herein by reference as EXHIBIT “C”.

6. Administrative Requirements/Financial Management/Accounting Standards Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.

7. Costs Principles
Subrecipient shall administer its program in conformance with OMB Uniform Guidance.

These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.

8. Contract Administration
City shall retain the right to administer this Agreement to verify that Subrecipient is performing its obligations in accordance with the terms and conditions of this Agreement.

Subrecipient and City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.

9. Period of Performance (Term of Agreement)
The Subrecipient shall commence performance under this Agreement on July 1, 2023, and shall end its performance June 30, 2024, unless terminated sooner as provided for elsewhere in this Agreement. The Agreement may be extended by written modification of the parties.

10. Records
a. Record Establishment and Maintenance
Subrecipient shall establish and maintain records in accordance with those requirements prescribed by City, with respect to all matters covered by this Agreement. Subrecipient shall retain all fiscal books, account records, and client files for services performed under this Agreement for at least three (3) years from the date of the final payment under this Agreement or until all State and Federal audits are completed for that fiscal year, whichever is later. Pursuant to State and Federal law, it is the intent of the parties to this Agreement that the Subrecipient shall be reimbursed for actual costs incurred in the performance of this Agreement but that no profit is to accrue to the Subrecipient on account of such performance.

Subrecipient shall maintain all records required by the Federal regulations specified in 24 4 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:

1. Records providing a full description of each activity undertaken;

2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;

3. Records required to determine the eligibility of activities;

4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;

5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;

6. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and

7. Other records necessary to document compliance with 24 CFR 570.503(b)(5). b. CDBG Reporting Requirements
Subrecipient shall submit reports to the City at minimum on a quarterly basis. The Subrecipient shall submit reimbursement requests with substantiating evidence justifying such request. Documentation may include invoice copies of paid invoices/receipts, copies of cash receipts or checks used to pay each invoice submitted, copies of timecards and related pay stubs for reimbursement. Timecards must be signed by both the employee and the designated Subrecipient Authorizing Official. Subrecipient shall submit quarterly reports via the City Data System.

TERM PERIOD DURATION DUE DATES
1 st Period July 1 - September 30 October 15
2 nd Period October 1 - December 31 January 15
3 rd Period January 1 - March 31 April 15
4 th Period April 1 - June 30 July 15
Subrecipient shall submit quarterly progress reports on the dates listed above. If a due date falls on a weekend or holiday, Subrecipient shall submit invoices and progress reports no later than the next business day.
c. Required Notifications
The Subrecipient shall also furnish to the City such statements, records, reports, data, and information as the City may request pertaining to matters covered by this Agreement. In the event the Subrecipient fails to provide such reports, it shall be deemed sufficient cause for the City to withhold payments until there is compliance. In addition, the Subrecipient shall provide written notification and explanation to the CITY within five (5) days of any funds received from another source to conduct the same services covered by this Agreement. 5 City shall notify Subrecipient in writing within thirty (30) days of any potential State or Federal exception discovered during an examination. Where findings indicate that program requirements are not being met and State and Federal participation in this program may be imperiled in the event corrections are not accomplished by Subrecipient within thirty (30) days, written notification shall constitute City’s intent to terminate this Agreement.

Subrecipient shall report to City promptly and in written detail, each notice of claim of copyright infringement received by Subrecipient with respect to all subject data delivered under this Agreement. Subrecipient shall not affix any restrictive markings upon any data. If markings are affixed, City shall have the right at any time to modify, remove, obliterate, or ignore such markings.

11. Assignment
Subrecipient may not assign or transfer their obligation of this Agreement or any rights hereunder without the prior written consent of the other party.

12. Subcontracts
If the Subrecipient should propose to subcontract with one or more third parties to carry out a portion of those services described in EXHIBIT "A" insofar as it deems proper or efficient, any such subcontract shall be in writing and approved by the CITY prior to execution and implementation. Any such subcontract, together with all other activities performed, or caused by the Subrecipient, shall not allow compensation greater than the total project budget contained in EXHIBIT "B." An executed copy of any such subcontract shall be submitted to the City before any implementation and shall be retained by the City.

The Subrecipient shall be responsible to the City for the proper performance of any subcontract. Any subcontractor shall be subject to all of the same terms and conditions that the Subrecipient is subject to under this Agreement. No officer or director of the Subrecipient shall have any direct monetary interest in any subcontract made by the Subrecipient. A direct monetary interest contrary to this paragraph shall be deemed to exist, if an officer or director of the Subrecipient is also an owner, officer, or director of a corporation, association, or partnership subcontracting with the Subrecipient.

In addition, if the Subrecipient receives CDBG funds under this Agreement, the subcontractor shall be subject to CDBG federal regulations, including those listed in EXHIBIT "C".

13. Conflict of Interest
No officer, employee, or agent of the City who exercises any function or responsibility for planning and carrying out of the services provided under this Agreement shall have any direct or indirect personal financial interest in this Agreement. The Subrecipient shall comply with the provisions of 24 CFR 570.611 with respect to conflicts of interest and covenants hat it presently 6 has no financial interest, direct or indirect, which would conflict in any manger or degree with the performance of this Agreement. The Subrecipient further covenants that in the performance of this Agreement, no person having such a financial interest shall be employed or retained by Subrecipient.

14. Discrimination
a. Eligibility for Services
The Subrecipient shall prepare and make available to the CITY and to the public all eligibility requirements to participate in the program plan set forth in EXHIBIT "A." No person shall, on the grounds of race, color, national origin, sex, religion, age, or disability status, be excluded from participation in, and denied the benefits of, or be subjected to discrimination with respect to the services funded under this Agreement.

The Subrecipient’s services shall be accessible to the physically disabled, and the services of a translator, signer or assistive listening device shall be made available. Subrecipient, in its marketing materials, shall specify assistance to access its services is available for deaf and hardof-hearing persons by calling 711 or 1-800-735-2929 and, for voice users, 1-866-735-2922 for TTY Relay Services. Subrecipient shall comply with requirements set forth in the 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.
b. Employment Opportunity
The Subrecipient shall comply with the CITY policy, the Community Development Block Grant regulations, and the Equal Employment Commission guidelines, which forbids discrimination against any person on the grounds of race, color, national origin, sex, religion, age, familial status, disability status, or any other status protected by law in employment practices. Such practices include retirement, recruitment advertising, hiring, layoff, termination, upgrading, demotion, transfer, rates of pay or other forms of compensation, use of facilities, and other terms and conditions of employment.
c. Suspension of Compensation
If an allegation of discrimination occurs, the City shall withhold all further funds until the Subrecipient can show by clear and convincing evidence to the satisfaction of the City that funds provided under this Agreement were not used in connection with the alleged discrimination. d. Nepotism
Except by written consent of the City, no person shall be employed by the Subrecipient who is related by blood or marriage or who is a member of the Board of Directors or an officer 7 of the Subrecipient. In the event HUD determines a CDBG-funded Subrecipient’s organization/agency operations violate federal rules and regulations with regard to nepotism and/or conducts business and a conflict of interest issue arises, then Subrecipient shall accept all responsibility to return any CDBG funds received from City.

15. Termination
a. This Agreement may be immediately terminated by City for cause where in the determination of City, any of the following conditions exist: (1) an illegal or improper use of funds, (2) failure to comply with any terms of this Agreement, (3) a materially incorrect or incomplete report, (4) an improper performance of services. b. Any one of or combination of the above conditions will constitute grounds for suspension or termination of the Agreement. In no event shall any payment by the City hereunder constitute a waiver by the City of any breach of this Agreement or any default which may then exist on the part of the Subrecipient, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach of default. When there is a breach of this Agreement, as defined by this section, the City may, in its sole discretion, immediately suspend or terminate this Agreement.
c. City shall have the option to terminate this Agreement without obligation of City to reimburse Subrecipient from the date the Federal or State Government withholds or fails to disburse funds to City. In the event such government withholds or fails to disburse funds, City shall give Subrecipient notice of such funding limitation or termination within a reasonable time after City receives notice of same.
d. Upon thirty (30) days written notice to the other party, either party may terminate this Agreement without cause. Notice shall be deemed served upon mailing.

16. Amendments
Adjustments in the nature or scope of the program plan set forth in EXHIBIT “A” or changes of any line item within the total approved budget contained in EXHIBIT “B” may be approved in writing by the City Manager, or his designee.

17. Administration
The City of Madera Grants Department shall administer this Agreement.

18. Evaluation
The City shall monitor and evaluate the performance of the Subrecipient under this Agreement to determine to the best possible degree the success or failure of the services provided under this Agreement and the adequacy of the program plan contained in EXHIBIT "A.” 8 The Subrecipient shall participate in evaluation of the program.

Subrecipient shall cooperate fully with City, State and Federal agencies, which shall have the right to monitor and audit all work performed under this Agreement.

Subrecipient shall also agree to on-site monitoring and personal interviews of participants, Subrecipient’s staff, and employees by appropriate City staff.

19. 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 only in Madera, California. 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.

20. Reversion of Assets
The Subrecipient must obtain prior written approval from the City whenever there is any modification or change in the use of any property acquired or improved, in whole or in part, using CDBG funds. If any real or personal property acquired or improved with CDBG funds is sold and/or is utilized by the Subrecipient for a use which does not qualify under the CDBG program, the Subrecipient shall reimburse the City in an amount equal to the current fair market value of the property, less any portion thereof attributable to expenditures of non-CDBG funds. These requirements shall continue in effect for the life of the property. In the event the CDBG program is closed-out, the requirements of this Section shall remain in effect for activities or property funded with CDBG funds, unless action is taken by the Federal government to relieve the City of these obligations.

21. Breach of Agreement
In the event the SUBRECIPIENT fails to comply with any of the terms of this Agreement, the CITY may, at its option, deem the SUBRECIPIENT’s failure as a material breach of this Agreement and utilize any of the remedies set forth in 24 CFR 85.43 or that it deems appropriate.

Should the CITY deem a breach of this Agreement material, the CITY shall immediately be relieved of its obligations to make further payment as provided herein. In addition to the Agreement being terminated by the CITY in accord with a material breach of this Agreement by the SUBRECIPIENT, this Agreement may also be terminated for convenience by the CITY in accord with 24 CFR 85.44.

22. No Third-Party Beneficiaries
This Agreement is not intended to create and does not create any rights in or benefits to any third party, nor will it be deemed to confer rights or remedies upon any person or legal entity not a party to this Agreement.
9 23. Indemnification
Subrecipient shall indemnify, defend, and hold harmless the City, and its officers, employees, and agents (“City indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Subrecipient’s performance of its obligations under this agreement or out of the operations conducted by Subrecipient, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Subrecipient’s performance of this agreement, the Subrecipient shall provide a defense to the City indemnitees, or at the City’s option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims.

24. Independent Contractor
Subrecipient and its subcontractors shall perform this Agreement as independent contractors and not as officers, employees, agents or volunteers of City. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Subrecipient’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Subrecipient’s employees or subcontractors, any claim or right of action against City.

25. Insurance Requirements for Service Providers
Without limiting Subrecipient’s indemnification of City, and prior to commencement of Work, Subrecipient 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
Subrecipient shall maintain limits no less than:
▪ $1,000,000 General Liability (including operations, products and completed operations) per occurrence, $2,000,000 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.
10 ▪ $1,000,000 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 Service Provider 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.

Maintenance of Coverage
Subrecipient 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 Subrecipient, its agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.

Proof of Insurance
Subrecipient 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. Agency reserves the right to require 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.

Enforcement of Contract Provisions (non estoppel)
Service Provider acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Service Provider 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 11 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 Service Provider maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Subrecipient.

Notice of Cancellation
Service Provider 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
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
Subrecipient shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Service Provider’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional Insurance
Service Provider 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.

26. Violation of Federal Rules and Regulations
In the event HUD determines a CDBG-funded Subrecipient has violated Federal rules and regulations and HUD requires repayment of CDBG funds, then Subrecipient shall repay any CDBG funds within 90 days of a written request from CITY.

27. General Provisions
a. Entire Agreement
This Agreement constitutes the entire agreement between Subrecipient and City with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications and understandings of any nature whatsoever unless expressly included in this Agreement. 12 b. Notice.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid first-class mail:

To the City:

City of Madera – Grants Department
205 W. 4th St.

Madera, CA 93637
To the Subrecipient:

Madera Parks & Community Services Department
238 S D Street
Madera, CA 93638
at his/her address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. c. Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. d. Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement that are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. e. Execution in Counterparts.
13 This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
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14 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective officers thereunto duly authorized as set forth below.

CITY OF MADERA: City of Madera Parks Department:

By: ___________________________________ By: ______________________________ Santos Garcia, Mayor City of Madera Parks Department
Date: __________________________________ Date: ______________________________ ATTEST: APPROVED AS TO LEGAL FORM:

By: ___________________________________ By:_________________________________ Alicia Gonzales, City Clerk Hilda Cantú Montoy, City Attorney Date: __________________________________ Date: _______________________________ Exhibit A
2023/2024

COMMUNITY DEVELOPMENT BLOCK GRANT

SUBRECIPIENT SCOPE OF WORK
I. PROJECT NAME: Madera Bergon Senior Center Improvements II. APPLICANT: Madera Parks and Community Services Department III. PROJECT DESCRIPTION:

The project provides safety improvements to enhance the services and overall provision of a beneficial experience to seniors who participate in Aging Services programming.

Improvements needed include internal and external upgrades both for safety, as well as accessibility.

IV. CONFORMANCE WITH FEDERAL FUNDING REQUIREMENTS:

A. The proposed project is eligible for CDBG funding as a Public Service project as defined by CFR Section 570.201(e).

B. This activity meets the Federal objective of benefiting low- and moderate-income persons as limited clientele activity under Section 570.208(a)(2) because the program will serve the homeless / at risk community.

V. FUNDING PROPOSAL:

A. CDBG Project Budget: $148,386
B. Projected Completion Date: June 2024
VI. OUTCOME MEASUREMENTS:

Total number of persons that will receive a unduplicated service or benefit is: 4,200 VII. PROJECT QUARTERLY MILESTONES
Quarter Description of Anticipated Milestones
Quarter 1
July - September
Procurement process planning
Quarter 2
October - December
Procurement bidding documents released
with deadline of December 15, 2023 for
submittals.

Quarter 3
January - March
Purchase orders, contracts, agreements
and/or applicable procurement process
finalized to begin construction and
installation phase by March 1, 2024.

Quarter 4
April – June
Construction and installation of
improvement components to be completed
by June 30, 2024.

Exhibit B
FY 2022-2023 Budget
MADERA PARKS & COMMUNITY SVCS DEPT.

Madera Parks & Community Svcs Dept.

Budget Line Item Madera
Personnel Lines needed: 1
Administrative Costs
Benefits
Taxes
Subtotal Personnel
Non-Personnel
Move-In Assistance
Supplies & Materials
Equipment
Communications
Meetings & Convenings
Travel & Transportation
Training
Consulting
Evaluation
Other Lines needed: 1
Improvements/Materials $148,386
Subtotal Non-Personnel $0
Total Personnel & Non-Personnel $148,386
Indirect Costs
TOTAL
Number of Persons Served:

Cost per Individual
$148,386
Exhibit C

COMMUNITY DEVELOPMENT BLOCK GRANT CERTIFICATIONS
A. Federal Common Rule Requirements, including, but not limited to, Executive Order 11246, as amended by Executive Orders 11375 and 120860 and implementing regulations issued at 41 CFR Chapter 60; Davis-Bacon Act as amended (40 U.S.C. 276 a to a-7 and 29 CFR, Part 5); Copeland "Anti-Kick Back" Act (18 U.S.C. 874 and 29 CFR, Part 3); Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330 and 29 CFR, Part 5); Section 306 of the Clean Air Act (42 U.S.C. 0857 (h); Section 506 of the Clean Water Act (33 U.S.C. 1368); Executive Order 11738; Environmental Protection Agency Regulations (40 CFR Part 15); and applicable sections of 24 CFR 85.

Also in the common rule are mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with Energy Policy and Conservation Act (Pub L. 94 - 163 ).

B. Office of Management and Budget Circulars No. -21, A-102 revised, A-87, A-110, A-122 and A-128 as they relate to the acceptance and use of Federal funds under this program.

C. Executive Order 11063, as amended by Executive Order 11259, and implementing regulations at 24 CFR Part 107, as they relate to non-discrimination in housing.

D. The Architectural Barriers Act of 1968 ( 42 U .S.C. 4151 ).

E. Clean Air Act of 1970 (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. l 251 et seq.).

F. Bidding requirements contained in the California Public Contracts Code.

G. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) and HUD implementing regulations, 24 CFR Part I as it relates to prohibiting discriminatory action under any activity receiving Federal funds.

H. Provisions of the California Water Code Section 55350 et. sequens.

I. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and implementing regulations 24 CFR Part I as it relates to prohibiting discriminatory action under any activity receiving Federal funds.

J. Title VIII of the Civil Rights Act of 1968, (Pub. L. 90-284) as amended and implementing regulations 24 CFR l 07 as it relates to fair housing.

Page 1 of 3 ends

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.

Page 2 ends

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.

Page 3 ends

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: May 17, 2023
_________________________________ Agenda Number: ___________ Keith Helmuth, P.E., Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

1. Engineer’s Report For City Wide Landscape And Lighting Assessment District Zones Of Benefit 1, 2, 3, 4, 6-A, 6-B, 7, 8, 9, 10-A, 10-B, 10-C, 10-D, 10-E, 10-F, 10-G, 10-H,10-I, 12, 13, 14, 15, 15-B, 15-C, 16, 17-A, 17-B, 17-C, 17-D, 18, 20-A, 20-B, 20-C, 21-A, 21-B, 21-C, 21-D, 23, 24, 25-C, 25-D, 26, 26-B, 26-C,26-D, 27, 27-B, 28, 28-B, 29, 29-B, 29-C, 29-D, 29-E, 30, 31-A, 31-B, 32-A, 32-B, 33, 34, 34-B, 34-C, 35, 36-A, 36-B, 36-C, 37, 39, 40, 41, 43-A, 43-C, 43-D, 43-E, 44, 45-A, 46, 50 & 51 For Fiscal Year (FY) 2023/24

2. Resolution Of Intention To Levy And Collect Annual Assessments For City Wide Landscape And Lighting Assessment District Zones Of Benefit 1, 2, 3, 4, 6-A, 6-B, 7, 8, 9, 10-A, 10-B, 10-C, 10-D, 10-E, 10-F, 10-G, 10-H,10-I, 12, 13, 14, 15, 15-B, 15-C, 16, 17-A, 17-B, 17-C, 17-D, 18, 20-A, 20-B, 20-C, 21-A, 21-B, 21-C, 21-D, 23, 24, 25-C, 25-D, 26, 26- B, 26-C,26-D, 27, 27-B, 28, 28-B, 29, 29-B, 29-C, 29-D, 29-E, 30, 31-A, 31-B, 32-A, 32-B, 33, 34, 34-B, 34-C, 35, 36-A, 36-B, 36-C, 37, 39, 40, 41, 43-A, 43-C, 43-D, 43-E, 44, 45-A, 46, 50 & 51 for FY 2023/24 And Setting Date For Public Hearing RECOMMENDATION:

1. Adopt a minute order approving the Engineer’s Report as filed or with modifications as identified by the City Council (Council) during this meeting.

2. Adopt Resolution of Intention to levy and collect proposed annual assessments for all CityWide Landscape and Lighting District Zones of Benefit referenced in the Engineer’s Report for FY 2023/2024 or as may be amended and set June 7, 2023, as the public hearing date to consider the Proposed FY 2023/2024 Assessments for City Wide Landscape and Lighting District Zones of Benefit.

D-1
SUMMARY:

Government Code Sections §22620-22631, including the Streets and Highway Code (Code), require the City to undertake proceedings for each fiscal year during which an assessment is to be levied and collected within its existing landscape assessment district. There are 80 active Zones of Benefit (Zones) within the Citywide Landscape and Lighting District (LMD). A Zone Location Map is included in Attachment 1.

Each year, Zones are identified that are generating less assessment revenue than is required to fund needed maintenance activities adequately. To resolve this situation, assessments should be increased in conformance with the requirements of the Streets and Highway Code and Proposition 218, when applicable. Regardless of a Proposition 218 election being held, Council must:
 First, approve an Engineer’s Report
 Then adopt a Notice of Intent to levy assessments.
o Along with the Notice of Intent, the Council will set a date for a public hearing where affected residents may voice opposition or support for the recommended assessment changes.

Where proposed increases in the assessments exceed amounts specified in previously recorded covenants, or if there were no covenants, Proposition 218 requires that an election be held where voters decide whether to approve the increase. When an election occurs, the outcome is determined entirely by the owners who correctly complete and return ballots to the City; a simple majority of returned ballots dictates the outcome for or against the increase.

Council may recall that Proposition 218 elections were held last year for 28 Zones. However, all Zones failed to reach a majority vote in favor of increases. As such, no increases were authorized for these Zones. Given the reluctance of property owners to vote in favor of increasing assessments and the cost in staff time for a very low probability of success, staff recommends that Proposition 218 elections and associated hearings not be conducted this year. Instead, staff proposes to seek input from Council at a separate LMD Funding Meeting as to their preferred approach to funding zones in future years. It is staff’s opinion that given the effort required to conduct the elections each year, Council may wish to discuss alternative approaches to assessments and/or maintenance levels associated with those assessments. Generally, the topics for consideration would include:
 Should Proposition 218 elections occur in future years? If so, at what frequency: all Zones, a certain number per year, or only those with the most significant deficit?  If Proposition 218 elections are conducted and fail, should failed Zones receive full maintenance efforts or be reduced to match the level of funding? This approach of reducing maintenance efforts has occurred in the past. As expected, staff and Council received complaints when landscape quality was visibly lowered because of reduced maintenance. Currently, Parks Department has indicated that maintenance efforts are not being curtailed at any Zone to match reduced revenue.

Following the public hearing, the Council may order changes in any of the matters addressed in the Engineer’s Report subject to such changes not exceeding the limits of existing covenants or the results of the Proposition 218 hearings if Proposition 218 elections are conducted. If there is a majority vote against the levy of an annual assessment as part of a Proposition 218 election where such an assessment represents an increase from any previous year and is also outside the terms of an applicable covenant for that Zone, the proposed increase in the assessment must be abandoned. The assessment amount then reverts to the previous year’s assessment amount where no covenant exists or is adjusted to be consistent with the maximum assessment allowed for the covenant recorded for the property. If, as part of a Proposition 218 election, a majority vote in support of the assessment is received, the Council may adopt a resolution confirming the diagram and assessment. The adoption of the resolution will constitute the levy of an assessment for FY 2023/2024.

DISCUSSION:

On July 1, 2015, Parks staff began maintenance of the 80 LMD Zones created by the City. A private company had previously maintained most Zones under contract with the City.

This decision was made primarily to raise the quality of maintenance. It was also anticipated that this decision, together with additional direction provided by the Council (See Attachment 2), would result in less fluctuation in the cost of maintenance from year to year and a corresponding reduction in Proposition 218 elections. The assessments presented in this year’s Engineer’s Report reflect staff’s recommendation based on Council’s prior direction, recent opinions from the City Attorney’s office, and several controlling factors that include:

1. Staff’s experience in maintaining and managing each of the 80 Zones.

2. The amount of assessment revenue being generated relative to the maintenance cost in each Zone.

3. Staff’s approach to maintenance and management moving forward.

Staff Experience
To date, full funding necessary to maintain landscaping at the proper level has yet to be achieved in 70 of the 80 Zones. The Parks Department indicates that maintenance efforts are not currently reduced to match funding. Given this, Parks staff would have a reasonable understanding of the efforts of maintaining each Zone or combination when they overlap each other. Based on records, Parks staff could therefore translate this effort level into costs.

Moving Forward
Staff is mindful that residents are critical of the cost of maintaining landscaping. History suggests that residents will reject an increase in assessments, regardless of how large or small the increase may be or how important it is to the visual appeal of the landscaping. As such, a request for additional revenue through a Proposition 218 process is not a guarantee.

This Engineer’s Report and the Park’s Department approach incorporate the expectation that assessments should provide value in how landscape areas look and are perceived. This is true even when sufficient funding is unavailable to provide service at recommended levels. Given this expectation, a series of questions might logically be asked:
 What is the Plan?
Flexibility and a five-year accounting plan. Staff utilizes a five-year plan to understand where costs and funding are heading. The five-year plan does not and will never remove the need for Proposition 218 elections if the City continues to pursue full funding from property owners. But it does aid in anticipating them, smoothing the magnitude or degree of assessment increases.
 How is maintenance affected when there are insufficient funds? When a funding bump in the road is evident and is directed by Council to reduce maintenance efforts, staff can seek to lower costs in several ways, except for situations that might impede public safety. This typically begins with the least obvious measures to residents and expands those measures as necessary. The first actions might be to reduce or eliminate tree trimming, reduce water and mowing or trimming in a complimentary fashion, etc. This has been referred to in a past report as demand-responsive maintenance.
 Does the plan change based on existing funding?
The overarching goal is to always work within available funding. There is always a point at which a certain percentage reduction in funding exhibits itself in a way that must be addressed and will eventually lead to a Proposition 218 election or the need to fund through the General Fund. As indicated, staff is not reducing maintenance efforts at any Zone. But if directed by Council, staff will pursue Proposition 218 as has been the past practice.
 Can significant increases to assessments be avoided entirely? Unlikely. The Code, as staff knows it, has the city boxed into a situation where over or undershooting expenses relative to funding can trigger requirements to reduce assessments. When this occurs, there is no simple tool to bring them back up when needed without a Proposition 218 election. Overcoming this shortfall can cause a slingshot effect that requires other steps to avoid it starting all over again. When staff identifies methodologies that may be beneficial to the management of this program, they will coordinate with the City Attorney to determine if they conform with the Code. This is addressed in a little greater detail based on the factors and previous Council direction described in Attachment 2.

While dropped for several years, last year’s Proposition 218 elections have highlighted the consequences of failed Proposition 218 elections wherein there appear to be only two available options to address the results of a failed election as operational losses cannot be carried forward:

A. Reductions in service and quality, or
B. Contributions by the General Fund.

Also noteworthy, the LMD program has been expanding rapidly in the last several years because of significant growth within the city. This expansion, along with other non-LMD maintenance demands on staff, is placing a more substantial maintenance burden on a workforce that has remained fixed in personnel and equipment.

Even with these challenges, staff feels comfortable stating that overall maintenance quality is higher than when private contractors performed maintenance. Looking toward future years, and based on the interpretation of applicable laws, there will be an increasing need for Proposition 218 elections if Council desires to continue placing the burden of maintenance where it has historically been directed due to property owners entering into landscape covenants.

Operational Losses
As a result of the most recent results of Proposition 218 elections, the City Attorney was consulted regarding the accumulation of operational losses. Based on the opinion from the City Attorney, negative fund balances older than the current FY (2022/23 in this case) at the time the following year’s Engineer’s Report is being prepared cannot be carried forward. Meaning the City cannot attempt to levy assessments with the intent to recuperate the losses occurring in FY 2021/22 or before. Based on this opinion, all negative fund balances prior to the most recent fiscal year have been zeroed out; this amounts to an operational loss of $65,915.27. The General Fund will absorb this loss.

Specific Factors Affecting the Assessment Calculation
Several specific factors are reflected in the proposed FY 2023/24 Engineer’s Report. Examples of these factors include estimated operating and administrative expenses in each Zone, recommended reserve amounts for cash flow, and allowances for semi-regular expenses like tree trimming. Each of these factors plays a part in the proposed assessment. In prior years, Council has provided direction on addressing these factors. A summary discussion of the various factors is included in Attachment 2 to this report.

Accounting of the Zones
Based on the current assessments allowed by existing covenants and previous adjustments to assessments, revenue is projected to be approximately $460,231.02, and expenses at $559,861.05. When accounting for only those Zones where expenses exceeded revenue, there is a projected shortfall of $41,896.55 for FY 2023/24 to be funded by the General Fund or through reductions in maintenance quality. When accounting for the estimated shortfall for the current FY 2022/23 of $27,627.12, it is anticipated a total shortfall of $69,523.67 that will be funded by the General Fund or through reductions in maintenance quality.

Without adjustments associated with successful Proposition 218 elections or reductions in maintenance, this shortfall will increase in future years as expenses continue to rise.

When accounting for individual Zones where a deficit is anticipated, the General Fund is projected to cover approximately $69,523.67 in expenses, as alluded to above. Over time, this value can be reduced through the following efforts:
 Parks reduce the effort expended to match revenue as best as possible.  Continue to conduct Proposition 218 hearings to attempt securing approval from property owners to increase funding to the point that matches expenses for their respective Zones.

Attachment 2 illustrates some of the factors involved with calculating assessments.

Table 1 summarizes some of the key aspects of this process:

Table 1: FY 2023/24 Assessment Metrics
Metric Amount
Total Revenue $460,231.02
Total Expenses $559,861.05
Projected Operational Budget Deficit for FY (22/23) ($27,627.12) Projected Operational Budget Deficit for FY (23/24) ($41,896.55) Projected Operational Budget Deficit for FY (22/23) and 23/24 ($69,523.67) Average Assessment per Parcel $73.23
Zones Where Expenses Exceed Revenue1 70
Zones With Assessment Increase2 13
Zones with Assessment Less Than $80 51
Zones with Assessment $80-100 11
Zones with Assessment $100-150 10
Zones with Assessment $150-200 5
Zones with Assessment $200-300 1
Zones with Assessment Greater than $300 2
1 Of these zones, 52 still have a surplus fund balance
2 Where an increase in assessment is permissible within the bounds of the original covenant.

FISCAL IMPACT:

The General Fund will cover operation losses of $65,915.27 that have accrued prior to FY 2022/23.

The General Fund will cover operational losses of $27,627.12 anticipated to accrue in 2022/23.

ALTERNATIVES:

Adjust individual or multiple Zones – Each adjustment results in changes that may be carried forward in future years in varying ways.

ATTACHMENTS:

1. LMD Maps

2. LMD Cost Assessment Factors

3. Resolution
Attachment 1
LMD Maps
MADERA LANDSCAPE MAINTENANCE DISTRICT CITY OF MADERA ZONE LOCATION MAP COUNTY OF MADERA STATE OF CALIFORNIA REV. JUNE 2020 FAIR GROUNDS NTS 241
I \__ __ _J I

I I ZONE SI
I ;1 MADERA " I
MUNICIPAL " AIRPORT ~ -
I
L
[m"""; re-~ AVEN.JE 14 1/2 ~'""rn
I ROAD
ZONE
~
ZONE 328 ZONE 2ol
2 · (A,B,C)
ZONEl34B
ZONE 34C
" 1 ZONE 20<A,B C~ Z0~34 i f7J c-__
/X "'-'~'
I
NE 39
1 45~
E 23
L
___ JJ
I I _.----, _J
Attachment 2
LMD Cost Assessment Factors
 Use of Fund Balance. Beginning in Fiscal Year (FY) 2012/2013, an analysis of available fund balances in many Zones indicated that assessments could be temporarily reduced or eliminated in those Zones while the fund balances were brought down to appropriate levels which better approximated actual expenses. In some cases, these reductions still need to continue. In others, the fund balances have been reduced appropriately, and the assessments have previously been or will be reset at a level where they equal expenses.  Unsuccessful Assessment Increase. Where Proposition 218 hearings fail to increase assessments, Parks attempts to reduce the level of maintenance to a point commensurate with available funding.
 Tree Trimming. Where funding is available, one-fourth of the trees in a Zone are trimmed annually. For those Zones that did not approve increases to assessments, tree trimming represents the first maintenance item to be removed; the assumption being that trees represented less of a visual impact than un-mowed grass or un-trimmed bushes. As discussed in the body of this report.
 Water Usage Costs. The water usage fee is included in the recommended Engineer’s Report based on the square footage of landscaping within each Zone. As previously noted, this fee will transition to a metered cost in all Zones as meters continue to be installed at the various water service locations. At present, it appears as though 35 Zones of the total 80 are now metered. Five (5) are partially metered, and ten (10) are unmetered. The status of the 30 remaining Zones is unknown at present. Continuation of these installations will be based on the available budget within the Water Fund.
 Reserve for Cash Flow. This reserve may be held per Section 22569 of the Streets and Highways Code. The maximum amount (accrual) and defined target for the Zones is equivalent to the estimated costs of maintaining the Zones between July 1 and December 10.

The maximum amount would be accrued over the course of as much as 5 years to reduce the magnitude of recommended assessment increases when they do occur. Prior to this reserve going below zero in any given year, a Proposition 218 Hearing should be implemented to increase assessments. Staff’s approach to this has been expanded this year based on additional positive reviews of the Streets and Highways Code.

Attachment 3
Resolution
RESOLUTION NO. 23-________

A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF

MADERA, CALIFORNIA, TO LEVY AND COLLECT ANNUAL ASSESSMENTS

FOR CITY WIDE LANDSCAPE AND LIGHTING DISTRICT ZONES OF BENEFIT 1, 2, 3, 4, 6-A, 6-B, 7, 8, 9, 10-A, 10-B, 10-C, 10-D, 10-E, 10-F, 10-G, 10- H,10-I, 12, 13, 14, 15, 15-B, 15-C, 16, 17-A, 17-B, 17-C, 17-D, 18, 20-A, 20- B, 20-C, 21-A, 21-B, 21-C, 21-D, 23, 24, 25-C, 25-D, 26, 26-B, 26-C,26-D, 27, 27-B, 28, 28-B, 29, 29-B, 29-C, 29-D, 29-E, 30, 31-A, 31-B, 32-A, 32-B, 33, 34, 34-B, 34-C, 35, 36-A, 36-B, 36-C, 37, 39, 40, 41, 43-A, 43-C, 43-D, 43-E, 44, 45-A, 46, 50 & 51 for FY 2023/24 AND SETTING DATE FOR PUBLIC

HEARING

WHEREAS, the City Council has heretofore, provided for the formation of a City Wide Assessment District pursuant to the Landscape and Lighting Act of 1972 (the “Act”) and provided for the inclusion of Zones 1, 2, 3, 4, 6-A, 6-B, 7, 8, 9, 10-A, 10-B, 10-C, 10-D, 10-E, 10-F, 10-G, 10- H,10-I, 12, 13, 14, 15, 15-B, 15-C, 16, 17-A, 17-B, 17-C, 17-D, 18, 20-A, 20-B, 20-C, 21-A, 21-B, 21- C, 21-D, 23, 24, 25-C, 25-D, 26, 26-B, 26-C,26-D, 27, 27-B, 28, 28-B, 29, 29-B, 29-C, 29-D, 29-E, 30, 31-A, 31-B, 32-A, 32-B, 33, 34, 34-B, 34-C, 35, 36-A, 36-B, 36-C, 37, 39, 40, 41, 43-A, 43-C, 43-D, 43-E, 44, 45-A, 46, 50 & 51 into said District; and
WHEREAS, the City Council initiated proceedings to levy annual assessments for the above-referenced zones and directed the City Engineer to prepare and file his report with the City Council as required by Streets and Highways Code Section 22565 et seq.; and WHEREAS, the City Engineer has prepared an Engineer’s Report which has been filed with the office of the City Clerk for submission to the City Council, setting forth a full and detailed description of the improvements, the boundaries of the assessment district, the zones of benefit therein and the proposed assessments upon assessable lots and parcels of land within the District to which reference is hereby made for full particulars. The boundaries of the zones of benefit within the city-wide assessment district and the improvement therein are as generally described in the Engineer’s Report; and
WHEREAS, the City Council approved the Engineer’s Report on May 17, 2023; and WHEREAS, adjustments to assessments reflect the increasing costs of landscaping, administrative overhead, and the goal of a 5-year fund balance that attempts to maintain a steady fund balance; and
WHEREAS, the City Council is required to set a hearing where all interested persons shall be heard on the question of the levy and collection of the proposed assessments.

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 Engineer’s Report has been prepared and has been filed with the office of the City Clerk for submission to the City Council and has been approved by the City Council.

3. It is the intention of the Madera City Council to levy and collect assessments for the 2023/2024 fiscal year in accordance with that determined in the Engineer’s Report for City Wide Landscape and Lighting District Zones of Benefit 1, 2, 3, 4, 6-A, 6-B, 7, 8, 9, 10-A, 10-B, 10-C, 10-D, 10-E, 10-F, 10-G, 10-H,10-I, 12, 13, 14, 15, 15-B, 15-C, 16, 17-A, 17-B, 17-C, 17-D, 18, 20-A, 20-B, 20-C, 21-A, 21-B, 21-C, 21-D, 23, 24, 25-C, 25-D, 26, 26-B, 26-C,26-D, 27, 27- B, 28, 28-B, 29, 29-B, 29-C, 29-D, 29-E, 30, 31-A, 31-B, 32-A, 32-B, 33, 34, 34-B, 34-C, 35, 36- A, 36-B, 36-C, 37, 39, 40, 41, 43-A, 43-C, 43-D, 43-E, 44, 45-A, 46, 50 & 51 for Fiscal Year 2023/24.

4. The Landscape and Lighting District Zones of Benefit which generally include but are not limited to park strip and median landscaping are in general conformity to those originally formed and no changes have been made or are proposed to these improvements as part of this action.

5. A Public Hearing shall be held at a regular meeting of the Madera City Council on June 7, 2023, at 6:00 p.m. in the City Council Chambers located at 205 W. 4th Stret, Madera, CA for all interested persons to be heard on the question of the levy and collection of the proposed assessments and for the Council to consider the Proposed Fiscal Year 2023/2024 Assessments for the above-referenced Zones.

6. A 10-day public hearing notice shall be published in the Madera Tribune advertising the date, time, and place of the June 7, 2023, hearing date.

7. Written protests may be filed with the City Clerk at any time prior to the conclusion of the hearing. A written protest shall state all grounds of objection and shall contain a description sufficient to identify the property owned by the protesting person or persons.

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

REPORT TO CITY COUNCIL
Late Distribution Notice

DATE: May 11, 2023
TO: Mayor and City Council Members
FROM: Marcela Zuniga, Grants Administrator
SUBJECT: May 17, 2023 City Council Meeting
Late Distribution Report for Item D-2
Additional time is needed to complete, review, and finalize the report for Item D-2: Agreement with RRM Design Group for Architectural and Engineering Design Services on the Intermodal Transit Center, the report will be distributed as soon as it is available. Thank you for your understanding.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: May 17, 2023
_________________________________ Agenda Number: ___________ Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Agreement with RRM Design Group for Architectural and Engineering (A/E) Design Services on the Intermodal Transit Center
RECOMMENDATION:

Adopt a Resolution approving an agreement with RRM Design Group to provide engineering and architectural services for the Madera Intermodal Transit Center renovation in the amount of $285,961 plus a 10% contingency amount for potential extra services.

SUMMARY:

The City released a Request for Proposals (RFP), No. 202223-17, soliciting bids to provide engineering and architectural services for the renovation of the Madera Intermodal Transit Center on March 18, 2023. The RFP was posted on the City’s website and published in the Madera Tribune. The proposal was sent to all 40 firms that were registered with the City on PlanetBids. An additional 250 firms received notification through PlanetBids.

A required pre-proposal site visit was held on April 4, 2023. Only one firm representative attended this site visit. The bid proposal was received from RRM Design Group on April 27, 2023.

The proposal was reviewed by staff at an evaluation meeting held on May 2, 2023. Staff determined the proposal submitted by RRM Design Group meets all the RFP requirements.

It is worth noting that RRM Design Group designed Fire Station 58.

DISCUSSION:

The Intermodal Transit Center is located at 123 E Street. It previously housed the City’s Transit Operator until the new Madera Transit Center opened in April 2020. Currently, the facility is D-2
occupied by Madera Cab Company and serves as a pickup and drop-off location for Greyhound, Madera County Connection, and Madera Metro. The purpose of this RFP is to receive plans for the renovation of the Madera Intermodal Transit Center. The designs will include the following:

1. Convert the North Wing (Attachment A) into a waiting area for transit passengers.

2. Provide office space for staff, including a front desk receptionist.

The renovation designs were required to include structural, mechanical, electrical, plumbing, site/civil engineering services, energy modeling/analysis, technology, and security integration/management. The Intermodal serves as a transfer hub for Madera Metro; thus, designs were also required to include exterior improvements such as lighting, signage, and landscaping.

Scope of Work
The firm selected had to provide full A/E design services for the project. The design services include:

3. Prepare renovation plans for the office building, including structural, electrical, mechanical, plumbing, communications, and security elements.

4. Prepare perimeter improvements for vehicle access, pedestrian safety, and landscaping.

5. Evaluate the use of solar panels to be placed on the building at a future date.

6. Conduct weekly progress meetings with City staff to review project status. Firm shall revise site design plans as requested by City. The design plans shall have submittals at 30, 50, 90, and 100 percent final design (the proposal must include a draft timeline highlighting submittals).

7. The Final Design shall contain architectural and engineering construction drawings, including all details, materials, finishes, fixtures, and site work required.

8. Provide an engineer’s estimate for all proposed renovations and improvements.

9. Provide for all printing and reports, and plans for City staff review and acceptance.

Standards and Specifications
The existing project area of the Intermodal Transit Center is approximately 1,400 square feet.

Attachment A contains details on the project area. The project area is separated by a breezeway with East and West entrances. The design includes:

1. Renovation of restroom with the replacement of flooring, bathroom and lighting fixtures, partitions, and paint.

2. Renovation of the passenger waiting area with the replacement of flooring, interior lighting fixtures, countertops (receptionist area), exterior and interior doors, awnings, and electrical/ auxiliary outlets for wall-mounted entertainment.

3. Reconfigure the office area to accommodate six or more personnel (removal and extension of walls).

4. Addition of an employee break area with a kitchen/ break area with a sink, refrigerator, microwave, counter, and shelving for office personnel.

5. Furniture design layouts for passenger and office areas.

6. Exterior improvements to the sidewalk, landscaping, parking lot, and lighting.

7. Parking lot enhancements for improved safety of vehicle entrance and existing and pedestrian crossing.

8. Preliminary options for Greyhound bus parking (pickup and drop-off).

9. The project also calls for improved landscaping and signage from the Intermodal Center to the Esperanza Village, as seen in Attachment B.

Cost Proposal and Timeline
The RRM proposal (Attachment C) for the requested services begins the design process immediately upon Council approval, with an expected completion date of September 18, 2024.

The RRM project cost proposal is $285,961 (Attachment B of Exhibit 1). It includes four project phases:

1. Phase 1 – Project Initiation and Architectural and Structural Review

2. Phase 2 – Schematic Design

3. Construction Documents

4. Construction and Project Completion
An Affordable Housing and Sustainable Communities (AHSC) grant awarded to the City obligated approximately $288,000 towards this project. Additionally, Council recently approved (Resolution No. 23-48 on April 19, 2023) the appropriation of $75,000 for facility improvements at the Madera Transit Center of Public Transportation Modernization, Improvement, and Service Enhancement Account Program (PTMISEA) funds. If the design proposal is approved by Council, the PTMISEA funds will be used first to prevent these funds from expiring when these funds sunset on June 30, 2023. Staff will be returning to Council as part of the FY 2023/24 budget process to appropriate the remaining AHSC funds.

FINANCIAL IMPACT:

Transit expenses and personnel time is expended through Local Transportation Funds and other Transit-related grants, which are Federal, State, and Local Funds. The Agreement with RRM Design Group for Architectural and Design Services n on the Madera Intermodal Transit Center renovation will be paid for with PTMISEA and AHSC funds and will not impact the City’s General Fund.

ALTERNATIVES:

As an alternative, Council may:

1. Not approve the proposed Agreement.

2. Direct staff to re-release RFP for A/E Design Services.

ATTACHMENTS:

1. Resolution
a. Exhibit 1 to Resolution - Professional Services Agreement with RRM Design Group

2. Attachment A – Intermodal North Wing (Project Area)

3. Attachment B – Route from Intermodal Transit Center to Esperanza Village

4. Attachment C – RRM Design Group Proposal
RESOLUTION NO. _____

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

CALIFORNIA, APPROVING AN AGREEMENT FOR ARCHITECTURAL AND

ENGINEERING DESIGN SERVICES FOR THE RENOVATION OF THE

INTERMODAL TRNSIT CENTER WITH RRM DESIGN GROUP IN THE
AMOUNT OF$$285,961 AND 10% CONTINGENCY AMOUNT FOR

POTENTIAL EXTRA SERVICES
WHEREAS, CITY plans to renovate the Madera Intermodal Transit Center, hereinafter called “Project”; and
WHEREAS, CITY needs the services of a professional engineering firm to provide architectural and engineering management services for the Project and the City engaged in a Request for Proposals (RFP) process thereon; and
WHEREAS, RRM Design Group is qualified and certified to provide the required professional architectural and engineering management services and is knowledgeable of the principals and practices of the industry associated with the design; and WHEREAS, CITY desires to enter an agreement with RRM Design Group for such professional engineering design services.

NOW, THEREFORE, the City Council of the City of Madera finds, determines, resolves and orders as follows:

1. The recitals listed above are true and correct.

2. The Council approves the agreement for Architectural and Design Services for the renovation of the Madera Intermodal Transit Center with RRM Design Group which is attached hereto and incorporated by reference as Exhibit 1.

3. This resolution is effective immediately upon adoption. *****
Exhibit 1

AGRREMENT FOR SERVICES

BETWEEN

CITY OF MADERA
AND

RRM DESIGN GROUP
This Agreement for Architectural and Engineering Design Services for the City of Madera of Madera Intermodal Transit Center, Request for Proposal (RFP) No. 202223-17 (“Agreement”) is made and entered into this 17th day of May 2023, between the City of Madera, a
municipal corporation of the State of California, hereinafter called “CITY”, and RRM Design Group hereinafter called “CONSULTANT."

RECITALS
WHEREAS, CITY plans to renovate the Madera Intermodal Transit Center, (‘Project’) ; and WHEREAS, CITY needs the services of a professional engineering firm to provide architectural and engineering management services for the Project; and WHEREAS, CONSULTANT is qualified and certified to provide the required professional architectural and engineering management services and is knowledgeable of the principals and practices of the industry associated with the design; and WHEREAS, CITY desires to enter this Agreement with CONSULTANT for such professional engineering design services.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, CITY and CONSULTANT agree as follows:

AGREEMENT

1. SERVICES OF CONSULTANT:

CONSULTANT will provide professional architectural and engineering 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 architectural and engineering management services as set forth in Exhibit A, “Scope of Work,” attached hereto and incorporated herein by reference.

CONSULTANT accepts full responsibility for the scope of services provided by subconsultants 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 which is attached and incorporated by reference as EXHIBIT A .

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

5. COMPENSATION
The total compensation for the work tasks itemized in EXHIBIT B, “Fee and Hourly Rate Schedule” is $285,961.

CITY and CONSULTANT agree on the rates shown in EXHIBIT B, “Fee and Hourly Rate Schedule”, 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. EXTRA SERVICES:

CITY agrees to pay CONSULTANT for extra services not contemplated hereunder as set forth in the Scope of Work or for such services as may be specifically requested by CITY through the Project Managerin writing and agreed to by CONSULTANT for an agreed-to fixed fee or hourly rate of compensation or for necessary expenses over that listed in the Budget; provided, however, the Project Manager authority is limited to expenditures not to exceed the amount of $28,956.

8. 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.

9. 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 require 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 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
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.

10. 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.

11. TIME OF COMPLETION:

A. Based on an agreed upon Notice to Proceed date, CONSULTANT shall complete the work as shown in EXHIBIT C, Schedule which is attached and incorporated herein by reference.

B. CONSULTANT shall not be held responsible for delays caused by CITY review or by reasons beyond CONSULTANT’S control. Also, CONSULTANT shall not stop his work, including work unrelated to any extra services request, unless it can be shown that the project work cannot proceed while a claim or request for extra services is being evaluated.

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 on or before September 30, 2024 (‘Expiration Date’). The term may be extended by the City Manager in writing, if extension limited to term only, and if mutually agreed to at least 90-days in advance of expiration, for a period not to exceed one __1__ additional one-year extensions. Any extension requiring increased compensation will require approval by the City Council.

12. 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.

13. 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.

14. 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 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.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. AMENDMENTS:

Any changes to this Agreement requested either by CITY or CONSULTANT may only be affected 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.

23. 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.

Wherever reference is made in this Agreement to standards or codes in accordance with which work is to be performed or tested, the edition or revision of the standards or codes current on the effective date of this Agreement shall apply, unless otherwise expressly stated.

24. 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.

25. 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
Attn: Marcela Zuniga RRM Design Group
205 W. 4th Street 3765 South Higuera St. Ste. 102
Madera, CA 93637 San Luis Obispo, CA
Phone: 559-661-3692 Phone: (805) 543-1794
Email: [email protected] Email: [email protected]

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 of the day and year first above written.
* * * * * * * * * * *
CITY OF MADERA CONSULTANT- RRM Design Group
By: _________________________ By: __________________________________ Santos Garcia, Mayor Mike Scott, LEED AP
___________________
Taxpayer I.D. Number
APPROVED AS TO FORM:

By: ____________________________
Hilda Cantú Montoy, City Attorney
ATTEST:

By: ______________________________
Alicia Gonzales, City Clerk
Exhibits:

Exhibit A - Scope of Work
Exhibit B - Fee and Hourly Rate Schedule
Exhibit C – Schedule
36 City of Madera | Proposal FOR Intermodal Transit Center 37

SCOPE OF WORK STATEMENT
RRM Design Group believes that a thorough, well-structured approach and work plan, developed early and with consensus agreement, results in not only successful products, but successful projects throughout the design and construction process. We have broken down our work plan into the following significant phases and tasks based on our understanding of the stakeholder needs, project demands, and jurisdictional requirements. We have also proposed a team and support staff comprised of expertise, familiarity with the project, and the City to meet the work plan and schedule provided in the RFQ and articulated in our response.

SCOPE OF WORK SECTIONS
PHASE 1: KICKOFF AND VERIFICATION
Task 1.0: Project Initiation and Administration
Task 1.1: Existing Condition Verification and
Site Survey
PHASE 2: SCHEMATIC DESIGN (30%)
Task 2.1: Schematic Design
PHASE 3: CONSTRUCTION DOCUMENTS (50%,
90%, 100%)
Task 3.1: 50% Design Development Documents
Task 3.2: 90% Construction Documents
Task 3.3: Permitting
PHASE 4: BIDDING AND CONSTRUCTION

ADMINISTRATION (RECOMMENDED)
Task 4.1: Bidding
Task 4.2: Construction Administration
Task 4.3: Record Drawing
and Project Closeout

OPTIONAL TASKS
Task O.1: 5th and C St.

PHASE 1: KICKOFF AND VERIFICATION
Task 1.0: Project Initiation and Administration
Develop and maintain a focused project execution process, so the schedule doesn’t slip and resources are used efficiently.

RRM will work with the City to get the project moving quickly and maintain the momentum moving forward. We start with a kickoff meeting focused on developing a consensus project understanding for key stakeholders. This culminates in a consensus-driven goals and objectives statement, aligned project milestone schedule, identified project risks and established ‘rules of engagement.’ RRM will provide bi-weekly status updates and coordination meetings, including schedule updates, weekly accomplishments, upcoming activities, needs/dependencies from the City, and track open issues.

Deliverables:
• Project goals and objectives statement
• Project schedule (level-3/4 design schedule, level-2 construction schedule) Meetings:
• One (1) kickoff meeting with the City project stakeholder team • Bi-weekly status updates and coordination meetings – one half (1/2) hour (conference call, 20 weeks) Client Participation:
• Identify and coordinate meetings with key stakeholders Task 1.1: Existing Condition Verification and Site Survey Observe and document existing site conditions, so that design can respond to physical and regulatory constraints and risks (and costs) can be avoided or mitigated.

RRM will investigate the existing site conditions, building, and overlying regulatory conditions. Assessment will include: architectural and accessibility requirements; structural deficiencies, electrical impacts and conditions; and mechanical and plumbing impacts and conditions. These will be documented as as-built verification base plans, existing building assessments, and conceptual replacement plans. Together with direction from the City, these will form the basis for the plan for reconstruction or replacement.

Deliverables:
• Topographic site survey
• Updated base files of existing building (necessary for areas of improvement only) • Existing building assessment
Meetings:
• One (1) existing condition site verification visits
Client Participation:
• Coordinate site access availability
• Field material testing, if needed
• Provide existing as-built documentation
SECTION 3 | Scope of Work Scope of Work | SECTION 3
Exhibit A
Scope of Work
38 City of Madera | Proposal FOR Inter modal Tr ansit Center 39 PHASE 2: SCHEMATIC DESIGN (30%)
Task 2.1: Schematic Design
Document project understanding and primary scope graphically and outline performance requirements, so stakeholders can clearly articulate and validate the project understanding.

With the completion of the existing condition verification phase, RRM will prepare a complete schematic design package for City review and verification of major scope elements for all trades.

Deliverables:
• Schematic design drawing package (architecture, civil engineering, MEP, and landscape architecture) • 100% schematic design budget estimate
Meetings:
• One (1) schematic design review meeting
Client Participation:
• Attendance and coordination for review meetings
• Assistance with preparation and processing of planning applications, if needed PHASE 3: CONSTRUCTION DOCUMENT
Task 3.1: 50% Construction Documents
Determine and integrate major building systems and equipment to be clearly defined and coordinated with other integral systems. Clearly express the design intent so that the project can be reviewed and bid with accuracy.

We will clearly express the design intent so that the project can be reviewed and bid with accuracy. Based on the schematic design documents and project budget, RRM and our consultant team will develop the project's building systems and site improvements. The architectural and engineering team will design and lay out the basic engineering systems in the design development subtask. Construction cost estimates will be prepared to reflect the information developed in this task. Decisions in this phase are evaluated based on operational needs, durability, operations and maintenance, initial and long-term costs, sustainability, and other priorities identified in the program. We recommend a careful analysis at this stage to develop the most energy-efficient design possible.

Deliverables:
• 50% construction documents drawings
• 50% construction documents outline specifications
• 50% construction documents budget estimate
Meetings:
• One (1) preliminary code review meeting with City Building Department (teleconference) • One (1) 50% construction documents review meeting (teleconference) Client Participation:
• Provide design and equipment standards
Clearly express the design intent so that the project can be reviewed and bid with accuracy.

Based on the 50% construction documents and client review comments, drawings, and specifications, RRM and our subconsultants will prepare the final construction documents for permitting and bidding.

Deliverables:
• 90% construction documents drawings
• 90% construction documents specifications
• 90% structural calculations
• 90% construction documents budget estimate
Meetings:
• One (1) meeting to review progress (teleconference) (if needed) • One (1) meeting to review City team comments on the 90% construction documents Client Participation:
• Provide Standard Division 1 and General Condition specifications Task 3.3: Permitting
Thorough and responsive submittal and correction process so that we ensure timely compliance.

RRM will submit the 90% construction documents to the City Building Department for plan check review at the end of the construction document task. RRM will respond to the plan, check comments received in writing and prepare documentation to achieve permit-ready status. During this task, 100% modifications to the documents may also occur as a result of City team review comments and RRM’s in-house QA/QC final review. RRM will incorporate the City agency plan check, RRM in-house QA/QC, and City review comments into the 100% construction document set for the project bidding process.

Deliverables:
• 100% construction documents, supplemental information, and application assistance Meetings:
• One (1) meeting for submittal overview to the building department (teleconference) Client Participation:
• Application, fee payment and submittal of permit set
SECTION 3 | Scope of Work Scope of Work | SECTION 3
40 City of Madera | Proposal FOR Inter modal Tr ansit Center 41 PHASE 4: BIDDING AND CONSTRUCTION ADMINISTRATION
(RECOMMENDED)
Task 4.1: Bidding
Support an efficient, clear, fair bidding process with the City and contractors.

RRM and our subconsultants will assist the City during the bidding phase by participating in a pre-bid conference, evaluating and advising the City regarding substitution requests, and responding to questions from prospective bidders in the form of an addendum.

Deliverables:
• Respond to bidder questions
• Prepare up to three (3) addendums (as needed)
• Conformance set of construction documents
Meetings:
• One (1) pre-bid conference with prospective bidders
• One (1) bid opening and evaluation meeting (conference call) Client Participation:
• Attendance and administration of the pre-bid conference • Administration of the bid process and document distribution • City to provide division 00 and 01 specifications
• City will conduct bid opening meeting
Task 4.2: Construction Administration
Assure and support the execution of a quality project that meets the design and performance intent for the City.

RRM and our subconsultants will remotely assist the City during the construction phase by reviewing and responding to contractor submittals and requests for additional information, reviewing and responding to requests by the City for changes in the work, observing and advising the City regarding construction progress and conformance to the contract documents. We will attend bi-weekly progress meetings and assist the City in the preparation of a punch list. We will advise the City on the status of the project concerning substantial completion and final completion. Construction administration assumes no more than a six month construction project.

Deliverables:
• Response to Requests for Information
• Issue bulletins/supplemental information instructions and field observation reports • Review contractor submittals
• Review payment applications, change order proposals
• Prepare punch list
Meetings:
• One (1) pre-construction meeting (onsite)
• Approximately eighteen (18) teleconference project meetings, every week (2 hours max); and • Six (6) site observation visits, once a month (onsite) • One (1) final construction and punch list completion meeting (onsite) • Two (2) as-needed meetings during construction for potential issues (onsite) Client Participation:
• Attendance at meetings
Task 4.3: Record Drawing and Project Closeout
Ensure quality record documents and administrative records for future modifications and maintenance of the facility.

RRM and our subconsultants will review the contractor’s markups of record drawings to verify all revisions made during construction are included to provide the City with a complete record of the project as completed. RRM and our subconsultants will update the digital CAD drawings and provide the City with a digital PDF and CAD file.

Deliverables:
• List of missing revisions
• Scan of final contractor markups
• As-built construction plans in hard copy, digital pdf, and CAD • Review of contractor-provided record as-built drawings and operations and maintenance manuals

OPTIONAL TASKS
Task O.1: 5th and C St.

If desired by the City after analysis by RRM consultants the City may elect to improve the existing path of travel from the Transit Site to the corner of 5th and C Streets. RRM will provide path of travel improvement drawings and CA support service as needed for these improvements.

Deliverables:
• Existing conditions and demolition plan
• Grading Paving Plan
• Curb ramp details
Meetings:
• To be incorporated with other meetings
SECTION 3 | Scope of Work Scope of Work | SECTION 3
42 City of Madera | Proposal FOR Inter modal Tr ansit Center 43

COST CONTROL AND BUDGETING
RRM takes an equally thoughtful approach to developing our designs into implementable plans that achieve the most value for our clients. We strive to balance the aesthetic, functional, environmental, schedule, and initial and lifecycle costs, so that the City and Community enjoy our projects just as much 30 years later as they do at opening. The key is we don’t let our ego get in the way! We understand that public projects need to balance near term and long-term constraints and needs and it’s our job to help with this.

Some of the ways we achieve the most value is by using our years of experience on some of the hardest public project types (public parks, fre stations, schools, etc.) to design the little details that increase the long-term durability and reduce operational costs.

In addition to our knowledge and philosophy we recommend an itemized cost estimate approach at the majore stages. This allows us to make decisions with the City that are at the appropriate level, such as big scope changes early on.

Lastly, we aim to make choices when specifying materials and systems that are not only appropriate for the end product, but that match the level of expected contractors to facilitate a clean and robust contractor bidding environment. Some of the ways we do this is to be knowledgeable of the local contacting community and experience, availability of materials, and clearly identifying building systems and how they integrate with the design.

CONSIDERATIONS

CRITICAL ENGINEERING ISSUES
For any renovation project, one of the most critical aspects is balancing desired scope and design with minimal disruption to existing conditions. We try to minimally impact items such as structural systems and major mechanical, electrical, and plumbing systems. By doing so the design can reduce revisions to system that would have minimal qualitative value.

In addition, to the improvements internally, we noticed various levels of asphalt pavement failure. We recommend the City conduct a geotechnical investigation and together develop a pavement replacement strategy that meets the initial cost constraints that provides the most long-term value.

Lastly, there are some apparent ADA issues along the Public Way along 5th street. We have included an assessment in our proposal and an optional task that the City can elect if desired to make improvements to the path of travel.

ENVIRONMENTAL ISSUES
Based on the age of the facility, there were no apparent environmental issues. However, the City must conduct a Lead and Asbestos study prior to commencing any work. We recommend completing this at project initiation for confirmation of any hazardous materials.

From a forward-thinking sustainability perspective, the scope did not require any improvements for electric vehicle or bus charging stations. RRM will review this and work with the client to identify any opportunities to minimize future work if possible.

COST AND SCHEDULE
The largest potential cost and schedule impact that we foresee and is common in renovation projects is undocumented or unknown existing conditions (e.g. rot damage). To help mitigate this we have included a site assessment early on with our consultant team to verify systems and any critical factors that could add complexity and cost to the project. In addition, our team is experienced in balancing the long-term costs against the initial cost for the project. We understand that public buildings need to last for 30+ years and will work with the City to balance the budget with the scope.

Lastly, we start with a schedule, verify it with the stakeholders, and monitor it with the City stakeholder on a weekly basis. We focus on hitting our scheduled dates but are flexible to ensure that most of all the overall project is successful for our clients.

NEIGHBORHOOD ENHANCEMENT
RRM is a community based design firm. Our design philosophy isn’t fueled from a designer ego, success for us is fueled from coming up with the best solution for our clients and the community. For the Madera project we look forward to hearing from the stakeholders and being able to implement a solution that connects and signifies the importance to the community for years to come.

SECTION 3 | Scope of Work Scope of Work | SECTION 3
City of Madera
RRM RRM 3C Thoma RRM BKF BKF
Intermodal Transit Center Architecture Struct Eng Mech and Plmb Eng
Elect Eng Landscape Civil Survey
Updated 05-09-23 TOTAL
Phase 1 - Project Initiation and Architectural and Structural Review 46% 4% 6% 5% 13% 21% 6% Task 1.0 Project Initiation and Administration
Kickoff Meeting
Goals and Objectives
Project Schedule
Project Budgeting
PM Meetings
Task 1.1 Existing Condition Verification and Site Survey As-built Verification and Site Visits
Geotechnical Coordination
Existing Condition Assessment and Recommendation Report Survey
Preliminary Cost Estimate
Code and Jurisdictional Analysis
Meetings (1 report review meeting)
Phase 2 - Schematic Design (30%)
Task 2.1 Schematic Design
Preparation of Plans (Site, Floor , RCP, Roof, Elevations) (Furn. Plans) Presentation Renderings and Visualization (VR)
Consultant Coordination
Material Boards
Outline Specifications and Narratives
Construction Cost Estimate Review
Meetings
QAQC Review / Constructability Review
Phase 3 - Construction Documents (50%, 90%, Permitting) Task 3.1 50% Construction Documents
Preparation of drawings and code compliance
Preparation of progress specifications
QAQC Review
Interdiscipinary Coordination
Meetings (1 meeting)
95% Construction Documents
Preparation of drawings
Preparation of specifications
Construction Cost Estimate and Constructability
QAQC Review / Constructability Review
Miscellaneous
Interdiscipinary Coordination
Meetings (1 meetings)
Task 3.2 Permitting
Application processing
Response to comments
Meetings (1 meeting)
Phase 4 - Construction and Project Completion (Recommended) Task 4.1 Bidding
Task 2.3a Response to bidders
Task 2.3b Preparation of addendums - 3
Task 2.3c Meetings (1 meetings)
Task 4.2 Construction Administration
Task 3.1a Review of Submittals
Task 3.1b Response to RFIs
Task 3.1c Punch List review
Task 3.1d Job Site Meetings (3 per month, 8 months)
Task 4.3 Record Drawing Review and Project Closeout
Task 3.2a Record Drawings Review $9,238
Total: $285,961
$130,830 $10,500 $16,363 $13,705 $37,000 $60,742 $16,821 $8,430.00 $0 $0 $0
$38,791
$8,430
$11,470.00 $0 $0 $0 $5,000 $5,500
$0 $0 $0
$16,821
$18,890 $1,850 $1,925 $1,100 $5,000 $5,654 $34,419
$63,698
$40,866
$15,745 $3,000 $6,738 $5,225 $10,000 $22,990
$13,150.00 $1,150 $4,813 $3,465 $5,000 $13,288
$963 $500
$12,568
$17,088
$7,290 $500 $963 $715 $2,000 $1,100
$4,375 $750 $5,000 $5,500
$60,865
$3,925 $250 $963 $500 $2,500 $1,100
$47,555 $3,000 P $2,200 $2,500 $5,610
Exhibit B
Fee and Hourly Rate Schedule
44 City of Madera | Proposal FOR Intermodal Transit Center 45

TIMELINE
ID Task Name Duration Start Finish
1 RFQ Submittal 0 days Fri 4/21/23 Fri 4/21/23
2 Contract Award by Council 0 days Wed 5/17/23 Wed 5/17/23 3 Notice to Proceed 0 days Fri 5/19/23 Fri 5/19/23
4 Phase 1 - Schematic Design 41 days Thu 5/18/23 Thu 7/13/23 5 Task 1.0 Project Initiation and Administration 0 days Thu 5/25/23 Thu 5/25/23 6 Kickoff Meeting 0 days Thu 5/25/23 Thu 5/25/23
7 Task 1.1 Exiting Condition Verification and Site Survey 41 days Thu 5/18/23 Thu 7/13/23 8 Existing Condition Assessment (as-built verification) 20 days Fri 5/26/23 Thu 6/22/23 9 Geotechnical Investigation and Studies (if needed) 30 days Fri 6/2/23 Thu 7/13/23 10 Site Survey and Underground Utility Investigation 10 days Mon 5/22/23 Fri 6/2/23 11 Code and Jusisdictional Analysis 10 days Fri 5/26/23 Thu 6/8/23 12 Develop Conceptual Diagrams and Boards 15 days Thu 5/18/23 Wed 6/7/23 13 Conceptual Design Review/Program Review Meeting 0 days Wed 6/7/23 Wed 6/7/23 14 Phase-2 Schematic Design 40 days Thu 6/8/23 Wed 8/2/23 15 Task 2.1 Schematic Design 40 days Thu 6/8/23 Wed 8/2/23 16 Schematic Design Documentation 20 days Thu 6/8/23 Wed 7/5/23 17 100% Schematic Design Cost Estimate 5 days Thu 7/6/23 Wed 7/12/23 18 Phase 1 Submittal 0 days Wed 7/12/23 Wed 7/12/23
19 City Schematic Design Review 5 days Thu 7/13/23 Wed 7/19/23 20 Schematic Design Refinement Resolution 10 days Thu 7/20/23 Wed 8/2/23 21 Phase 3 - Construction Documents 105 days Wed 8/2/23 Wed 12/27/23 22 Task 3.1 Construction Documents 70 days Wed 8/2/23 Wed 11/8/23 23 50% Construction Documents NTP 0 days Wed 8/2/23 Wed 8/2/23 24 50% Construction Documents 20 days Thu 8/3/23 Wed 8/30/23 25 50% Constructability Review-Building Systems 5 days Thu 8/31/23 Wed 9/6/23 26 City 50% Construction Documents Review 5 days Thu 9/7/23 Wed 9/13/23 27 90% Construction Documentation 20 days Thu 9/14/23 Wed 10/11/23 28 90% Constructability Review-Building Details 5 days Thu 10/5/23 Wed 10/11/23 29 90% Construction Documents Cost Estimate 10 days Thu 10/5/23 Wed 10/18/23 30 Phase 3 Submittal 0 days Wed 10/18/23 Wed 10/18/23
31 City 90% Construction Documents Review 5 days Thu 10/19/23 Wed 10/25/23 32 90% Construction Documents Refinement Resolution 10 days Thu 10/26/23 Wed 11/8/23 33 Task 2.3 Permitting 45 days Thu 10/26/23 Wed 12/27/23 34 1st Building Department Review 20 days Thu 10/26/23 Wed 11/22/23 35 Incorporate Building Dept. Comments 15 days Thu 11/23/23 Wed 12/13/23 36 2nd Building Department Review 10 days Thu 12/14/23 Wed 12/27/23 37 Phase 4 - Bidding and Construction Administration 165 days Thu 12/28/23 Wed 8/14/24 38 Task 4.1 Bidding 20 days Thu 12/28/23 Wed 1/24/24
39 Pre-Bid Conference 0 days Mon 1/8/24 Mon 1/8/24
40 Bid Opening and Evaluation Meeting 0 days Wed 1/24/24 Wed 1/24/24 41 Conformance Set 15 days Thu 1/25/24 Wed 2/14/24
42 Construction Award 0 days Wed 2/21/24 Wed 2/21/24
43 Task 4.2 Construction Administration (6 months) 125 days Thu 2/22/24 Wed 8/14/24 44 Certificate of Occupancy 0 days Wed 8/14/24 Wed 8/14/24 45 Task 4.3 Record Drawing Review and Project Closeout 25 days Thu 8/15/24 Wed 9/18/24 46 Project Complete 0 days Wed 9/18/24 Wed 9/18/24
4/21
5/17
5/19
5/25
5/25
6/7
7/12
8/2
10/18
1/8
1/24
2/21
8/14
9/18
Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Qtr 1, 2023 Qtr 2, 2023 Qtr 3, 2023 Qtr 4, 2023 Qtr 1, 2024 Qtr 2, 2024 Qtr 3, 2024 Qtr 4, 2024 City of Madera - Intermodal Transit Center
Wed 5/10/23
Note:
-Schedule is dependent on stakeholder, agency, and contractor durations. 1 * schedule is dependent on staekholder, agency, and contractor durations SECTION 3 | Scope of Work Exhibit C Scope of Work | SECTION 3 Schedule
Attachment A
North Wing - Project Area
City of Madera
RFP 202223-17 A/E Design Services for the
City of Madera Intermodal Transit Center

Page 21 of 52 ends

Attachment B
Route from Intermodal Transit Center to Esperanza Village City of Madera
RFP 202223-17 A/E Design Services for the
City of Madera Intermodal Transit Center

Page 32 of 52 ends

Proposal Prepared for the City of Madera on April 21, 2023 for

ARCHITECTURAL AND ENGINEERING

SERVICES FOR THE CITY OF MADERA
Intermodal Transit Center
RE: Intermodal Transit Center
Dear Ms. Stickman,
One of the major contributing factors to the success of cities is providing reliable and safe means of transportation. The Intermodal Transit Center strengthens this aspect for the community, especially for the more disadvantaged members, and further adds to the character of Madera. We are excited to offer our expertise and experience in supporting this project and the community. RRM Design Group is a highly qualified team that is excited to partner with the City in providing the needs and support for the success of the project, grounded in:
• Sound project, community, and client understanding of needs • Cost effective solutions
• Operational efficiency
• Inspiring aesthetics
The RRM team can offer the City:

A Team to Match Your Project
We are ready to mobilize, bringing you a team familiar with the City of Madera’s expectations and processes. Furthermore, we bring an interdisciplinary approach to design practical solutions for a variety of public facilities across the state.

Transit Experience
RRM has been part of many transit projects throughout the state providing a variety of services for public clients. We consistently seek to improve facilities to support operational needs, all while making sure the design is the right fit for the client, operations, and the community.

Sustainability
RRM creates environments that are vibrant, healthy, and sustainable for all, and we know how to accomplish this by implementing key sustainable design strategies. We work with our clients to find the right solutions for the specific project.

Personal Commitment
One of our core values is to serve and strengthen the communities in which we work, and Madera is no exception. RRM is connected to the City and neighboring communities, and we are proud to have worked on several projects in and around Madera for the last several years.

We have enjoyed working alongside the City on other projects and look forward to continuing on this project.

Sincerely,
RRM Design Group
Mike Scott, LEED AP Charles Dellinger, AIA, PMP, LEED AP Principal-in-Charge Project Manager, Proposal Point of Contact Authorized Contract Negotiator [email protected] [email protected]
April 19, 2023
Jennifer Stickman,
Procurement Services Officer
Purchasing
City of Madera
205 W. 4th Street
Madera, CA. 93637
CREatInG
EnVIRonmEnts
PEoPlE
EnJoY®
www.rrmdesign.com
3765 South Higuera St., Ste.
102, San Luis Obispo, CA
93401
p: (805) 543-1794
f: (805) 543-4609
RRM acknowledges all
addendum on this project.

GRAPHICS & PHOTOGRAPHS:

This document features images of RRM Design Group and its subconsultant partners' projects, the graphics and photos of which are owned and copyrighted by our respective firms. There are no stock photos or images of any kind used in this proposal.

ABOUT RRM DESIGN GROUP:
3765 South Higuera St., Ste. 102 • San Luis Obispo, CA 93401 p: (805) 543-1794 • w: rrmdesign.com
California corporation • Leonard Grant, Architect C26973 • Robert Camacho, PE 76597 • Steven Webster, LS 7561 • Jeff Ferber, PLA 2844 The written and graphic materials contained in this proposal are the exclusive property of RRM Design Group.

The unauthorized use of any portion of these text or graphic materials without RRM’s prior written consent is expressly prohibited. © 2022 RRM Design Group
Proposal FOR Intermodal Transit Center

TABLE OF CONTENTS
Section Name
1 Executive Summary
2 Firm Information, Qualifications, and Experience
3 Scope of Work
4 Litigation
5 Contract Agreement
Page
07 11
35 47
51 6 City of Madera City of Madera City of Madera |
Prrroppposal FOOOR Interererererermodal TrTrTrTrTrTransiiit Ceeenterererererer7

RRM PROJECT
Kings Area Rural Transit New Facility
1Executi ve Summar y
Proposal for Intermodal Transit Center
8 City of Madera | Proposal FOR Inter modal Tr ansit Center 9

EXECUTIVE SUMMARY
RRM has been a community-focused interdisciplinary design firm for nearly 50 years. We are headquartered in San Luis Obispo and have offices from San Diego through San Leandro to provide services throughout the state of California. We provide a variety of core services, including: architecture, civil engineering, landscape architecture, planning, structural engineering, and surveying.

We propose a team that is strong in transit projects, familiar with Madera, and are well-rooted in public projects and procedures:
• Principal – Mike Scott
• Senior PM – Charles Dellinger
• Architect – Paige Cook
• Civil – BKF Engineers
• Structural – Jessica Meadows
• Landscape – Lance Wierschem
We understand that the project will provide the next phase of the facility and a connection to a new and integral part of the Madera community. RRM is prepared to support the City in the execution of the project from concept development through construction administration to develop a project that will support the community for years to come.

We have direct experience in planning and designing transit projects. These include the Manteca Transit Center and most recently Kings Area Rural Transit Facility. In addition, we have experience throughout California with other public project types, including local projects like Madera Fire Station 58 and Madera County Fire Station 3, which is currently being built.

RRM brings robust firm support, experience in this project type, and a team with transit, public, and local expertise to support the development of the right solution for the City on this project.

Kings Area Rural Transit New Facility
SECTION 1 | Executive Summary Executive Summary | SECTION 1 10 City of Madera City of Madera |
Prropposal FOOR Interererermodal TrTrTrTransiit Ceenterererer 11 V

RRM PROJECT
Madera Fire Station No. 58
10 City of Madera | Proposal FOR Inter modal Tr ansit Center 11 2FIRM INFORMATION, QUALIFICATIONS, AND EXPERIENCE Proposal for Intermodal Transit Center City of Madera |
Proposal FOR Intermodal Transit Center 13
FIRM PROFILE | RRM Design Group
RRM exists because we love creating environments people enjoy. That is what got us into the business over 45 years ago, and it is why we continue to thrive today. Our architects and landscape architects, engineers, surveyors, and planners work with our clients and their communities to create the parks our children play in, the roads we drive down on our way to work, the neighborhoods we come home to, and the fire stations that keep our communities safe.

Our work culture emphasizes collaboration, frequent communication, and accessibility. We're a close partner with our clients, helping them understand and navigate through the project lifecycle. Whether your project is public or private, commercial or residential, we listen, we design, and we deliver. On time. On budget. Since 1974.

PERSONNEL BY DISCIPLINE
195 professionals on staff at RRM Design Group in 6 core disciplines:

Architecture Landscape
Architecture
Support
Staff Planning
Civil Engineering
Surveying
Structural Engineering
33California Licensed Architects
37Architecture Designers
14California Licensed Civil Engineers
3California Licensed Structural Engineers
25Engineering Designers
18California Licensed Landscape Architects
14Landscape Designers
17Community & Urban Planners
1Licensed Surveyor
3Surveying Technicians
33Administrative Support Staff
CREatInG
EnVIRonmEnts
PEoPlE
EnJoY®

SANLUISOBISPO (HQ)
3765 South Higuera St., Ste. 102
San Luis Obispo, CA 93401
p: (805) 543-1794

SANDIEGO
310 3rd Avenue, Ste. C-26A
Chula Vista, CA 91910
p: (619) 870-8512

SAN JUAN CAPISTRANO
32332 Camino Capistrano, Ste. 205
San Juan Capistrano, CA 92675
p: (949) 361-7950

SANLEANDRO
325 Davis St.

San Leandro, CA 94577
p: (510) 751-4910

SANTA BARBARA
10 East Figueroa St., Ste. 200
Santa Barbara, CA 93101
p: (805) 963-8283

VENTURA
422 East Main St.

Ventura, CA 93001
p: (805) 652-2115

WEBSITE
www.rrmdesign.com
RRM Design Group is a California
corporation and
an employee-owned company,
incorporated November 26, 1974
12 Firm Information, Qualifications, and Experience
|
SECTION 2
14 City of Madera | Proposal FOR Inter modal Tr ansit Center 14 City of Madera | Proposal FOR Inter modal Tr ansit Center 15

PAIGE COOK
RA
Architect

MIKE SCOTT

LEED AP
Principle-In-Charge

CHARLES DELLINGER

AIA, PMP, LEED AP
Project Manager
City of Madera

RRM DESIGN GROUP

SUBCONSULTANTS

ARCHITECTURE

LANDSCAPE ARCHITECTURE

ASSEMBLING OUR TEAM
3C MECHAN ICAL
Jason Haendler

LANE ENGINEERING
Ben Mullin

MECHANICAL

ENGINEERING

SURVEYING

THOMA ELECTRIC
Bill Thoma

ELECTRICAL

ENGINEERING

BKF ENGINEERING
Eric Swanson
CIVIL

ENGINEERING

LANCE WIERSCHEM

PLA, LEED AP
Landscape Architect

JESSICA MEADO WS
SE, PE
Structural Engineer

ENGINEERING
MIKE SCOTT | LEED AP
With over two decades of experience at RRM, Mike Scott’s passion for architecture and design is rooted in his commitment to service.

Dedicated to fulfilling the needs of both his client and community, Mike’s collaborative and detailed approach to design fosters high-quality project execution. As a LEED® Accredited Professional, Mike offers an environmentally conscious and context-sensitive view to every project.

His team management and detailed focus ensures a thorough approach to design. Specializing in public safety, educational, and commercial design, his projects span from fire stations and educational buildings to outdoor stadiums and athletic facilities. Administering quality control and coordinating consultant systems for complete and integrated buildings, his well-versed expertise serves both his team and client from inception to completion.

RELEVANT PROJECTS
• Arroyo Grande Fire Station
No. 1 Expansion
• Atascadero Fire Stations No. 1 and
2 Needs Assessment
• Avalon Lifeguard Headquarters
LEED-NC Certified
• Bakersfield Fire Station No. 14 and
Neighborhood Park
• Bakersfield Fire Station No. 15 and
Westside Police Substation
• Bakersfield Fire Station No. 5 and
Police Substation
• Bakersfield Fire Station
No. 8 Remodel
• Baker Water Treatment Plant
Facilities, Lake Forest
• Bay Point Fire Station No. 86
• City of Madera Fire Station No. 58
• City of San Luis Obispo Tenant
Office Improvements
• Kings County Area Rural Transit
New Facility, Hanford
• Lompoc Police Station Renovation
and Expansion Study
• Madera County Fire Master Plan
• Madera County Fire Station No. 3
• Mammoth Lakes Transit
Facility Expansion
• Manteca Transit Center
• San Luis Obispo Transit Center

EDUCATION
• Bachelor of Science, Architecture,
California Polytechnic State
University, San Luis Obispo, CA
ACCREDITATIONS •
LICENSES • AFFILIATIONS
• Architect, CA, C31544
• Leadership in Energy and
Environmental Design Accredited
Professional (LEED AP)
CREatInG
EnVIRonmEnts
PEoPlE
EnJoY
Project Role
PRINCIPALIN-CHARGE
Experience
26 YEARS OF

EXPERIENCE
SECTION 2 | Firm Information, Qualifications, and Experience Firm Information, Qualifications, and Experience | SECTION 2 Firm Information, Qualifications, and Experience | SECTION 2 16 City of Madera | Proposal FOR Inter modal Tr ansit Center 17 JESSICA MEADOWS | SE, PE
A passionate structural engineer and project manager at RRM Design Group, Jessica Meadows brings over a decade of experience to each project she works on. As Project manager, Jessica oversees the design and construction on a multitude of educational facilities. From new campus and building modernization to seismic rehabilitation and accessory structures, her projects range in size and type. Dedicated to sharing her passion for structural engineering, Jessica serves as a mentor and teacher to young professionals and students at Cal Poly SLO. An active professional and community leader, Jessica brings her wealth of experience to RRM Design Group and beyond.

RELEVANT PROJECTS
• Bay Point Fire Station No. 86
• Branch Elementary School Four
Classrooms, Arroyo Grande
• Branch Elementary School New
Multipurpose Building,
Arroyo Grande
• Fairmount Avenue Fire Station,
San Diego
• Gunner Ranch West Fire Station
• Healdsburg City Fire Substation
• Madera County Fire Station No. 3
• New Cuyama Fire Station No. 41
Design-Build (2019)
• Orcutt Union Oil Building Code
Analysis and Cost Assessment
• Pacheco Fire Station No. 9
• Quito Fire Station, Los Gatos
• Redwood Fire Station, Los Gatos
• Santa Barbara County Regional Fire
Communication Facility
• Santa Paula Fire Station No. 29
• Seaside Fire Station No. 2
• Shell Beach Elementary School
Parking Lot
• Thousand Oaks Fire Station No. 34

EDUCATION
• Bachelor of Science, Architectural
Engineering, California Polytechnic
State University,
San Luis Obispo, CA
ACCREDITATIONS •
LICENSES • AFFILIATIONS
• Structural Engineer, CA, S6488
• Professional Engineer, CA, C81987
CREatInG
EnVIRonmEnts
PEoPlE
EnJoY
Project Role

STRUCTURAL

ENGINEER
Experience
12 YEARS OF

EXPERIENCE
CHARLES DELLINGER | AIA, PMP, LEED AP
From conceptualization to implementation, Charles Dellinger’s commitment to design goes well beyond visioning. His comprehensive experience as an Architect, LEED Accredited Professional, construction manager, and owner’s representative fosters innovative in-depth solutions for each project. Working closely with the team of designers, consultants, and clients, Charles nurtures a collaborative investment in the design process. Specializing in both the public and private sector, his projects span from civic and institutional to educational and commercial buildings. Implementing diverse ideas through multidisciplinary engagement, Charles is determined to fulfill both the client and communal need with thorough project execution.

RELEVANT PROJECTS
• 2811 Airpark Drive Exterior
Planning Design, Santa Maria
• 6925 El Camino Real Tenant
Improvements, Atascadero
• City of Madera Fire Station No. 58
• Discovery Austin Feasibility Study,
Austin, TX
• Fort Hunter Liggett Buildings 101
and 121 Renovations
• Goleta City Hall Facility Space
Needs Assessment
• Healdsburg City Fire Substation
• Kings County Area Rural Transit
New Facility, Hanford
• Madera County Fire Station No. 3
• Mendota City Hall and Police
Station - Programming and Cost
• Menlo Park Fire Protection District
Administration Building Remodel
• Menlo Park Fire Protection District
Space Needs Assessment
• Menlo Park Fire Protection District
Warehouse Gate Specification
• Paso Robles City Office Space
Programming
• Selma Fire Station No. 2
Renovation
• Ventura County Fire Backup
Dispatch

EDUCATION
• Bachelor of Science, Architecture,
California Polytechnic State
University, San Luis Obispo, CA
• Master of Business Administration,
California Polytechnic State
University, San Luis Obispo, CA
ACCREDITATIONS •
LICENSES • AFFILIATIONS
• Architect, CA, C31916
• Leadership in Energy and
Environmental Design Accredited
Professional (LEED AP)
• Project Management Professional
(PMP)
CREatInG
EnVIRonmEnts
PEoPlE
EnJoY
Project Role

PROJECT MANAGER
Experience
19 YEARS OF

EXPERIENCE
SECTION 2 | Firm Information, Qualifications, and Experience Firm Information, Qualifications, and Experience | SECTION 2 18 City of Madera | Proposal FOR Inter modal Tr ansit Center 19 PAIGE COOK | RA
An experienced architect and team leader, Paige Cook brings her technical and social expertise to her work at RRM. At the heart of each of her projects is her commitment to helping others. With projects spanning across private and public sectors, her designs range from residential to education and public safety. Paige’s detail-oriented approach serves as an asset to both her colleagues and her clients.

With a unique ability to synthesize individual visions into a cohesive whole, she brings each client’s vision to life beyond expectation.

RELEVANT PROJECTS
• Bay Point Fire Station No. 86
• City of Madera Fire Station No. 58
• Glen Loma Ranch
Fire Station, Gilroy
• Fairmount Avenue Fire Station,
San Diego
• Gunner Ranch West Fire Station
• Madera County Fire Master Plan
• Pacheco Fire Station No. 9
• Paso Robles City Office
Space Programming
• Quito Fire Station, Los Gatos
• Redwood Fire Station, Los Gatos
• Sanger Headquarters Fire Station
Renovation Facility Assessment
• Santa Barbara Fire Station No. 7
Conceptual Design
• Santa Paula Fire Station No. 29
• Selma Fire Station No. 2 Renovation
• Thousand Oaks Fire Station No. 34
• Emeryville Emergency Operations
Center Tenant Improvements
• Kings County Area Rural Transit
New Facility, Hanford
• Madera County Fire Station No. 3
• Tracy Fire Station No. 95
• Visalia Fire Station No. 56

EDUCATION
• Bachelor of Architecture, California
Polytechnic State University,
San Luis Obispo, CA
ACCREDITATIONS •
LICENSES • AFFILIATIONS
• Architect, CA, 39576
CREatInG
EnVIRonmEnts
PEoPlE
EnJoY
Project Role

ARCHITECT
Experience
8 YEARS OF

EXPERIENCE
LANCE WIERSCHEM | PLA, LEED AP
With a sharp artistic eye, Lance Wierschem’s detailed design enhances the artistry of each project he is involved in. As an experienced landscape architect and planner, Lance offers an expansive view of design. From trails and recreational parks to public and community centers, Lance’s versatile experience serves both his team and his clients. Engaged in all aspects of project administration, from visioning to construction, his alliance to creative collaboration is reflected in his work. Both his collaborative efforts and his artistic vision guide Lance’s design process, elevating outdoor spaces into captivating environments for all to enjoy.

RELEVANT PROJECTS
• Azusa TOD General Plan/
Development Code Update and
Specific Plan
• Bakersfield Fire Station No. 14
and Neighborhood Park
• Bay Point Fire Station No. 86
• Cal Poly University House
Landscape Design,
San Luis Obispo
• City of Madera Fire Station No. 58
• Creston Fire Station No. 43
• El Monte Downtown TOD Specific
Plan
• Emeryville Fire Station - Tracking
LEED-NC Silver
• Fairmount Avenue Fire Station
• Glen Loma Ranch Fire Station, Gilroy
• Gunner Ranch West Fire Station
• Hanford Medical Campus -
Women's Center
• Redwood Fire Station
• San Luis Obispo Public Safety
Dispatch Center
• Santa Paula Fire Station No. 29
• Selma Fire Station No. 2
Renovation
• Thousand Oaks Fire Station
No. 34

EDUCATION
• Bachelor of Landscape
Architecture, California Polytechnic
State University,
San Luis Obispo, CA
• Minor, City and Regional Planning,
California Polytechnic State
University, San Luis Obispo, CA
ACCREDITATIONS •
LICENSES • AFFILIATIONS
• Professional Landscape Architect,
CA, 6210
• Leadership in Energy and
Environmental Design (LEED AP)
CREatInG
EnVIRonmEnts
PEoPlE
EnJoY
Project Role

LANDSCAPE

ARCHITECT
Experience
17 YEARS OF

EXPERIENCE
SECTION 2 | Firm Information, Qualifications, and Experience Firm Information, Qualifications, and Experience | SECTION 2 20 City of Madera City of Madera | Prropposal FOOR Interererermodal TrTrTrTransiit Ceenterererer 21

KINGS AREA

RURAL TRANSIT

NEW FACILITY

HANFORD, CA
NOTABLE INFO & STATS:

Client: Kings County Area Public
Transit Agency
Contact: Monique Miron
(559) 852-2691
[email protected]
Contract Amount: $1,697,674.00
Funding Sources: Federal, State, Local
Project Timeline: June 2021 - Present
RRM Project Manager:

Charles Dellinger
[email protected]
(805) 903-1275, Ext. 310
RRM SERVICES PROVIDED:

Architecture, Landscape Architecture,
Planning
The Kings County Area Regional Transit Facility project is all about connection: it operationally creates a hub for accomodating buses, outside agency buses, park and ride, and bicycle transportation through the China Alley corridor; it bridges the expanding eastern Hanford community to the historic downtown; and it creates a home for two of the areas most prominent County focused agencies and a support partner.

To support these goals, RRM leaned on the agrarian industrial vernacular as an aesthetically unique unifying element to the area that blended with established commercial Victorian era style downtown. But to position the building beyond we ‘grew out’ of this aesthetic (like many of the previous buildings had) and wove modern elements through and as additions, creating a modern adaptive use style that plays homage to the past, but brings the transit agency and community to a vision forward. Similarly, the building is massed and sited to support the 7th street main façade and build up in scale from the eastern approach. A shaded outdoor waiting plaza for riders shields bus activities from the busy street, and the transit building interior provides a pass thru and waiting location with a variety of options to support the diverse needs of the rider community.

Firm Information, Qualifications, and Experience Scope of Work | SSECTTIONON 2 22 City of Madera | Proposal FOR Inter modal Tr ansit Center 23 SANTA ROSA STREET TRANSIT BLDG.

AREA: 2663 SF
25' - 0" 25' - 0"
35' - 0"
25' - 0"

HIGUERA STREET

TORO STREET
40' - 0" 2' - 6"
50' - 0" 15' - 0"25' - 0"
35' - 0"

COVERED WALKWAY
6' - 0"
TRANSIT BLDG.

AREA: 985 SF
N:\0201\0223-02-CI17-SLO-Transit-Center-SLOCOG\Architecture\Model\0223-02-CI17-SLO-Transit-Center-SLOCOG Official.rvt 7/19/2017 9:37:27 AM
A-1 0223-02-CI17 - SLO-Transit-Center-SLOCOG
TRANSIT OPTION 1
7/19/2017
A2 A-1 1" = 20'-0"
1 TRANSIT OPTION 1
13 BUSES
1 PARA TRANSIT

SAN LUIS OBISPO

TRANSIT CENTER
NOTABLE INFO AND STATS:

Client: San Luis Obispo
Council of Governments
Contact: Peter Rodgers
[email protected] | (805) 781-4251
Contract Amount: $16,500
Funding Sources: Federal, State, Local
Project Timeline: 2017 - 2019
RRM Project Manager: Michael Scott
[email protected]
(805) 903-1233, Ext. 273
RRM SERVICES PROVIDED:

Architecture
RRM Design Group was retained to develop conceptual
layouts for the San Luis Obispo Transit Center
along Higuera Street between Santa Rosa Street and
Toro Street. RRM will partnered with SLOCOG to
coordinate with City agencies and BKF Civil Engineers.

The transit center consisted of a 5,200 sf interior space that included a waiting area, restrooms, and storage
space. The transit center included a bus dropoff/pick up area for 12 buses, 1 para transit, and alternative vehicle loading. The transit center is limited to the extent of Clinton parcel and public right-of-way.

NOTABLE INFO & STATS:

Client: City of San Luis Obispo
Contact: Mike McGuire
(805) 781-7590
[email protected]
Contract Amount: $145,582
Project Timeline: 2002 - 2006
RRM Contact: Michael Scott
[email protected]
(805) 903-1233, Ext. 273
RRM SERVICES PROVIDED:

Architecture
RRM Design Group provided the architecture, plumbing
(mechanical), lighting (electrical), interior design, and project management for 10,800 sf of office tenant improvements at Palm and Morro streets in San Luis Obispo. Interior office improvements included finish materials for walls, floors, and ceilings; systems furniture; and support systems for lighting, mechanical, data, and telecommunications. The project provided new office facilities for City Engineering and Community Development Departments (with over 100 staff members) and a new public lobby and meeting rooms for interaction between City staff and the general public.

CITY OF SAN LUIS OBISPO

TENANT IMPROVEMENTS
SECTION 2 | Firm Information, Qualifications, and Experience Firm Information, Qualifications, and Experience | SECTION 2 24 City of Madera | Proposal FOR Inter modal Tr ansit Center 25

MANTECA

TRANSIT CENTER
NOTABLE INFO AND STATS:

Client: City of Manteca
Contact: Lantz Rey
(209) 614 1716 | [email protected]
Contract Amount: $162,838
Funding Sources: Federal, State, Local
Project Timeline: 2011 - 2014
RRM Project Manager: Michael Scott
[email protected]
(805) 903-1233, Ext. 273
RRM SERVICES PROVIDED:

Architecture, Landscape Architecture
The City of Manteca hired RRM to prepare scoping
documents for a new 8,367 sf transit center located near the corner of Main Street and Moffat Boulevard. RRM
Design Group also prepared the Moffat Boulevard Land
Use Study Strategic Plan in 2006 for the multimodal
transit-oriented and redevelopment goals for the City.

The $6.1 million transit center includes administrative offices and conference rooms, catering kitchen, and
partitioned multipurpose meeting rooms. On- and off-site improvements for the 3.1 acre project area include 100
parking spaces, taxi loading and staging area, and a City bus loading and staging area. RRM’s experience with transitoriented projects, trail expertise, local knowledge, and longstanding client service provided the City with a unique approach that brought rail, bus, bike, auto and pedestrian modes of transportation together into one gathering “hub” location for the community, creating a gateway to the
downtown area.

MAMMOTH LAKES

TRANSIT FACILITY

EXPANSION
NOTABLE INFO AND STATS:

Client: City of Mammoth Lakes
Contact: Thomas Platz
(760) 934-7588 | [email protected]
Contract Amount: $5,500
Funding Sources: Federal, State, Local
Project Timeline: 2012 - 2014
RRM Project Manager: Michael Scott
[email protected]
(805) 903-1233, Ext. 273
RRM SERVICES PROVIDED:

Architecture
Mammoth Lakes was preparing for upgrades and
wanted to implement them with a long-range plan in
mind. In response, the city hired RRM and the lead
civil engineering firm to provide a comprehensive
master plan. It maximized the utilization of the
existing maintenance/office building and relocated the
vehicle wash bay for more efficient operations. The
master plan also coordinated both automobile and
bus circulation to maximize employee parking and
provide for a stacked, covered bus parking building.

The design team worked closely with staff to provide
a circulation layout within the limited space available that was well-suited for vehicle departure and return
operations. The design provides space for18 buses, 6
trolleys, 4 cutaway buses and multiple bike trailers.

Mammoth Lakes appreciated the team approach
to finding solutions and implementing their site
improvements in a planned location.

Winter Transit Workshop - January 2014 4
accommodate expansion of transit
services in the area in recent years.

Before
Former impound lot
Completely broken up pavement
resulting in dirt lot with no drainage.

The expanded transit facility area was
previously the Town impound lot. The
area consisted of seriously deteriorated
asphalt resulting in dirt holes, which
became mud/water holes following
storms.

After
Dedicated wash pad
Extensive parking for buses and
employees with new lighting and
security fencing.

The project resulted in nearly an acre of
paved, lighted area to accommodate
the expanded ESTA fleet and additional
employee parking. The project also
provided a dedicated wash pad with
environmentally friendly processing of
waste-water. The project also replaced
the existing perimeter fencing, which
had become in bad-repair over the
years.

Winter Transit Workshop - January 2014
Former impound lot
Completely broken up pavement
resulting in dirt lot with no drainage.

After
Dedicated wash pad
Extensive parking for buses and
employees with new lighting and
security fencing.

SECTION 2 | Firm Information, Qualifications, and Experience Firm Information, Qualifications, and Experience | SECTION 2 26 City of Madera City of Madera | Prropposal FOOR Interererermodal TrTrTrTransiit Ceenterererer 27 The City hired RRM to design a new fire station adjacent to the municipal airport, which includes three apparatus bays, sleeping areas and a living area for two companies and a battalion chief. The large site also consists of a space set aside for a future training facility, and its main gas line was sized to accommodate future live fire training props. The City wanted to utilize stone and large-scale post and beam elements consistent with other civic architecture in the area. A curved roof form over the apparatus bay was selected to reference the adjacent airport while maintaining the stone bases and walls’ strength to ground the building. The station is designed to separate firefighters' living and sleeping areas from the equipment and apparatus to protect them from contaminates.

NOTABLE INFO AND STATS:

Client: City of Madera
Contact: Matt Watson
(559) 706-8805
[email protected]
Contract Amount: $472,808
Project Timeline: 2017 - 2020
RRM Project Manager:

Charles Dellinger
[email protected]
(805) 903-1275, Ext. 310
SERVICES PROVIDED:

Architecture, Landscape Architecture
CITY OF MADERA FIRE STATION NO. 58
“Mike Scott has been with our
agency since day one of our first
project. Anytime I need anything,
Mike is quick to meet my needs
and answer questions. When
I think of RRM, I think of how
great Mike is to work with!”
- Matt Watson, Fire Chief, City of Madera
Firm Information, Qualifications, and Experience Scope of Work | SSECTTIONON 23 28 MADERA COUNTY
FIRE STATION NO. 3
NOTABLE INFO AND STATS:

Client: County of Madera
Contact: Maritza Rodriguez
(559) 675-7700
[email protected]
Contract Amount: $489,994
Project Timeline: 2020 - Present
RRM Project Manager:

Charles Dellinger
[email protected]
(805) 903-1275, Ext. 310
RRM SERVICES PROVIDED:

Architecture, Civil Engineering,
Landscape Architecture
In 2017, Madera County decided to vacate their old Fire Station No. 3, which at that point was a dilapidated 30 year-old mobile trailer. Seeking to replace the station, they contracted RRM Design Group to build a new
and permanent facility for the fire department, which
provides emergency services to all unincorporated areas of the county.

Located in the rural and agricultural fields of Madera, this new fire station will cover an area of 7,985 square feet, with a single-story design that's easy to navigate.

The modern facility will feature state-of-the-art
equipment and technology to improve firefighting
capabilities, ensuring prompt and efficient emergency
responses. With the replacement of the old fire station, this newly constructed site will continue to serve
the community and provide essential fire protection
services.

City of Madera | Proposal FOR Inter modal Tr ansit Center 29 DW
DW
Stainless Steel
Upper Cabinets Sink - 2 Large & Deep
Hood
Island
Sink Deep
Dayroom
4 Burner Stove w/Oven
w/ Auto Shut Off & Flat top Griddle
Kitchen
Dining
Base Cabinet for Training Storage
TV
Recliners
BBQ w/Auto Shut Off
Windows w. Blackout
Shades
Conduit from TV to Cabinet for Cables
Picture Bulletin
Boards
Microwave
15' - 0" 8' - 0" 17' - 0"
Gas Reset Button
Gas Reset Button
To Patio
Floor Outlets, TYP. For Devices
(3) Refrigerators
Device Charging Shelf
Surround Sound
System
RRR
20' - 0"
AB CG
Dishwasher (2)
Shift and General Pantries
This diagram is conceptual and is provided only to
indicate required furnishings, equipment, and general
room proportions. The actual room design may change.
1/8" = 1'-0"
12,13,14 KITCHEN/DINING/DAYROOM
Madera County was faced with a decision to build
one central or two developer-built fire stations to
serve its fast-growing southern region. RRM Design
Group provided strategic planning services to
examine the feasibility of a new fire station midway
between the Gunner Ranch and Riverstone residential
subdivisions. The strategy mapped out a complex
phasing timeline based on developer agreements and
County contributions for new personnel, apparatus, and
facilities. RRM brought in longtime collaborator Citygate Associates to provide response time, fire staffing,
and benefit zone analyses to augment architectural
programming, station prototype design, and site master
planning studies. As a result of these studies, the County is proceeding with two stations, one of which RRM is
providing full architecture and engineering services.

MADERA COUNTY FIRE

M A S T E R P L A N
COMPONENT DIAGRAMS - JUNE 2016

MADERA COUNTY

FIRE MASTER PLAN
NOTABLE INFO AND STATS:

Client: County of Madera
Contact: Matthew Treber
(559) 675-7821, Ext. 3224
[email protected]
Contract Amount: $143,200
Project Timeline: 2016 - 2019
RRM Project Manager: Michael Scott
[email protected]
(805) 903-1233, Ext. 273
RRM SERVICES PROVIDED:

Architecture
SECTION 2 | Firm Information, Qualifications, and Experience Firm Information, Qualifications, and Experience | SECTION 2 30 City of Madera | Proposal FOR Inter modal Tr ansit Center 31 Award of Merit for
Economic Planning
& Development --------
- APA Los Angeles Section,
2016
The City of Azusa retained RRM to prepare a 350-
acre Downtown Specific Plan and TOD General
Plan/Development Code Update focusing on
Azusa’s downtown, two future Gold Line transit
stations, and adjacent residential neighborhoods.

Funded through a Los Angeles Metropolitan
Transportation Authority (Metro) grant, the
work effort addresses a mix of commercial,
residential, and entertainment-related land uses
that will be instrumental in creating a vibrant
mixed-use, pedestrian-oriented environment. The
project market analysis informs recommended
land uses and development standards, which are
complemented by design guidelines to ensure
high quality, compatible development. Inclusive
community engagement incorporates ideas voiced
by residents, business owners, and decisionmakers. The overall effort is complemented by an integrated CEQA process for an Environmental
Impact Report.

AZUSA DOWNTOWN

SPECIFIC PLAN AND

TOD GENERAL PLAN/

DEVELOPMENT

CODE UPDATE
NOTABLE INFO AND STATS:

Client: City of Azusa
Contact: Manuel Muñoz
(626) 812-5226 | [email protected]
Contract Amount: $596,400
Project Timeline: 2014-2016
RRM Project Manager: Jami Williams
(805) 903-1204, Ext. 209
[email protected]
RRM SERVICES PROVIDED:

Planning, Architecture, Engineering,
Landscape Architecture
SECTION 2 | Firm Information, Qualifications, and Experience Firm Information, Qualifications, and Experience | SECTION 2 32 City of Madera | Proposal FOR Intermodal Transit Center 33 The City of El Monte selected RRM Design Group
to develop a Downtown Main Street TOD Specific
Plan. The project provides the regulatory land
use and planning framework for implementing
the vision articulated in the adopted 2011 Vision
El Monte General Plan. The plan focuses on the
revitalization and plans for physical improvements
to Main Street and infuses the downtown with new
housing opportunities. In addition, RRM was asked
to develop streetscape improvement construction
documents to enhance the City’s downtown urban
core. The streetscape beautification, now under
construction, is the first phase of enhancements,
which include pedestrian crossing improvements,
new street trees, landscape planted parkways, and
new seating areas along this vibrant street. The
design also includes improvements to paseo access
to the street, new street pedestrian lighting, traffic
calming features, and the design of bioswales and
permeable pavement to capture urban storm runoff.

EL MONTE

DOWNTOWN TOD

SPECIFIC PLAN
NOTABLE INFO AND STATS:

Client: City of El Monte
via Evan Brooks Associates
Contact: Betty Donavanik
(626) 258-8626
[email protected]
Contract Amount: $244,721
Project Timeline: 2013-2017
RRM Project Manager: Jami Williams
(805) 903-1204, Ext. 209
jawilliams@rrmd esign.com
RRM SERVICES PROVIDED:

Planning, Architecture, Engineering,
Landscape Architecture
SECTION 2 | Firm Information, Qualifications, and Experience Firm Information, Qualifications, and Experience | SECTION 2 34 City of Madera City of Madera | Prropposal FOOR Interermodal TrTransiit Ceenterer 35

RRM PROJECT
MacArthur BART Transit Village, Oakland
34 City of Madera | Proposal FOR Intermodal Transit Center 35 3 S
cope of Work
Proposal for Intermodal Transit Center
36 City of Madera | Proposal FOR Inter modal Tr ansit Center 37

SCOPE OF WORK STATEMENT
RRM Design Group believes that a thorough, well-structured approach and work plan, developed early and with consensus agreement, results in not only successful products, but successful projects throughout the design and construction process. We have broken down our work plan into the following significant phases and tasks based on our understanding of the stakeholder needs, project demands, and jurisdictional requirements. We have also proposed a team and support staff comprised of expertise, familiarity with the project, and the City to meet the work plan and schedule provided in the RFQ and articulated in our response.

SCOPE OF WORK SECTIONS
PHASE 1: KICKOFF AND VERIFICATION
Task 1.0: Project Initiation and Administration
Task 1.1: Existing Condition Verification and
Site Survey
PHASE 2: SCHEMATIC DESIGN (30%)
Task 2.1: Schematic Design
PHASE 3: CONSTRUCTION DOCUMENTS (50%,
90%, 100%)
Task 3.1: 50% Design Development Documents
Task 3.2: 90% Construction Documents
Task 3.3: Permitting
PHASE 4: BIDDING AND CONSTRUCTION

ADMINISTRATION (RECOMMENDED)
Task 4.1: Bidding
Task 4.2: Construction Administration
Task 4.3: Record Drawing
and Project Closeout

OPTIONAL TASKS
Task O.1: 5th and C St.

PHASE 1: KICKOFF AND VERIFICATION
Task 1.0: Project Initiation and Administration
Develop and maintain a focused project execution process, so the schedule doesn’t slip and resources are used efficiently.

RRM will work with the City to get the project moving quickly and maintain the momentum moving forward. We start with a kickoff meeting focused on developing a consensus project understanding for key stakeholders. This culminates in a consensus-driven goals and objectives statement, aligned project milestone schedule, identified project risks and established ‘rules of engagement.’ RRM will provide bi-weekly status updates and coordination meetings, including schedule updates, weekly accomplishments, upcoming activities, needs/dependencies from the City, and track open issues.

Deliverables:
• Project goals and objectives statement
• Project schedule (level-3/4 design schedule, level-2 construction schedule) Meetings:
• One (1) kickoff meeting with the City project stakeholder team • Bi-weekly status updates and coordination meetings – one half (1/2) hour (conference call, 20 weeks) Client Participation:
• Identify and coordinate meetings with key stakeholders Task 1.1: Existing Condition Verification and Site Survey Observe and document existing site conditions, so that design can respond to physical and regulatory constraints and risks (and costs) can be avoided or mitigated.

RRM will investigate the existing site conditions, building, and overlying regulatory conditions. Assessment will include: architectural and accessibility requirements; structural deficiencies, electrical impacts and conditions; and mechanical and plumbing impacts and conditions. These will be documented as as-built verification base plans, existing building assessments, and conceptual replacement plans. Together with direction from the City, these will form the basis for the plan for reconstruction or replacement.

Deliverables:
• Topographic site survey
• Updated base files of existing building (necessary for areas of improvement only) • Existing building assessment
Meetings:
• One (1) existing condition site verification visits
Client Participation:
• Coordinate site access availability
• Field material testing, if needed
• Provide existing as-built documentation
SECTION 3 | Scope of Work Scope of Work | SECTION 3
38 City of Madera | Proposal FOR Intermodal Transit Center 39 PHASE 2: SCHEMATIC DESIGN (30%)
Task 2.1: Schematic Design
Document project understanding and primary scope graphically and outline performance requirements, so stakeholders can clearly articulate and validate the project understanding.

With the completion of the existing condition verification phase, RRM will prepare a complete schematic design package for City review and verification of major scope elements for all trades.

Deliverables:
• Schematic design drawing package (architecture, civil engineering, MEP, and landscape architecture) • 100% schematic design budget estimate
Meetings:
• One (1) schematic design review meeting
Client Participation:
• Attendance and coordination for review meetings
• Assistance with preparation and processing of planning applications, if needed PHASE 3: CONSTRUCTION DOCUMENT
Task 3.1: 50% Construction Documents
Determine and integrate major building systems and equipment to be clearly defined and coordinated with other integral systems. Clearly express the design intent so that the project can be reviewed and bid with accuracy.

We will clearly express the design intent so that the project can be reviewed and bid with accuracy. Based on the schematic design documents and project budget, RRM and our consultant team will develop the project's building systems and site improvements. The architectural and engineering team will design and lay out the basic engineering systems in the design development subtask. Construction cost estimates will be prepared to reflect the information developed in this task. Decisions in this phase are evaluated based on operational needs, durability, operations and maintenance, initial and long-term costs, sustainability, and other priorities identified in the program. We recommend a careful analysis at this stage to develop the most energy-efficient design possible.

Deliverables:
• 50% construction documents drawings
• 50% construction documents outline specifications
• 50% construction documents budget estimate
Meetings:
• One (1) preliminary code review meeting with City Building Department (teleconference) • One (1) 50% construction documents review meeting (teleconference) Client Participation:
• Provide design and equipment standards
Clearly express the design intent so that the project can be reviewed and bid with accuracy.

Based on the 50% construction documents and client review comments, drawings, and specifications, RRM and our subconsultants will prepare the final construction documents for permitting and bidding.

Deliverables:
• 90% construction documents drawings
• 90% construction documents specifications
• 90% structural calculations
• 90% construction documents budget estimate
Meetings:
• One (1) meeting to review progress (teleconference) (if needed) • One (1) meeting to review City team comments on the 90% construction documents Client Participation:
• Provide Standard Division 1 and General Condition specifications Task 3.3: Permitting
Thorough and responsive submittal and correction process so that we ensure timely compliance.

RRM will submit the 90% construction documents to the City Building Department for plan check review at the end of the construction document task. RRM will respond to the plan, check comments received in writing and prepare documentation to achieve permit-ready status. During this task, 100% modifications to the documents may also occur as a result of City team review comments and RRM’s in-house QA/QC final review. RRM will incorporate the City agency plan check, RRM in-house QA/QC, and City review comments into the 100% construction document set for the project bidding process.

Deliverables:
• 100% construction documents, supplemental information, and application assistance Meetings:
• One (1) meeting for submittal overview to the building department (teleconference) Client Participation:
• Application, fee payment and submittal of permit set
SECTION 3 | Scope of Work Scope of Work | SECTION 3
40 City of Madera | Proposal FOR Intermodal Transit Center 41 PHASE 4: BIDDING AND CONSTRUCTION ADMINISTRATION
(RECOMMENDED)
Task 4.1: Bidding
Support an efficient, clear, fair bidding process with the City and contractors.

RRM and our subconsultants will assist the City during the bidding phase by participating in a pre-bid conference, evaluating and advising the City regarding substitution requests, and responding to questions from prospective bidders in the form of an addendum.

Deliverables:
• Respond to bidder questions
• Prepare up to three (3) addendums (as needed)
• Conformance set of construction documents
Meetings:
• One (1) pre-bid conference with prospective bidders
• One (1) bid opening and evaluation meeting (conference call) Client Participation:
• Attendance and administration of the pre-bid conference • Administration of the bid process and document distribution • City to provide division 00 and 01 specifications
• City will conduct bid opening meeting
Task 4.2: Construction Administration
Assure and support the execution of a quality project that meets the design and performance intent for the City.

RRM and our subconsultants will remotely assist the City during the construction phase by reviewing and responding to contractor submittals and requests for additional information, reviewing and responding to requests by the City for changes in the work, observing and advising the City regarding construction progress and conformance to the contract documents. We will attend bi-weekly progress meetings and assist the City in the preparation of a punch list. We will advise the City on the status of the project concerning substantial completion and final completion. Construction administration assumes no more than a six month construction project.

Deliverables:
• Response to Requests for Information
• Issue bulletins/supplemental information instructions and field observation reports • Review contractor submittals
• Review payment applications, change order proposals
• Prepare punch list
Meetings:
• One (1) pre-construction meeting (onsite)
• Approximately eighteen (18) teleconference project meetings, every week (2 hours max); and • Six (6) site observation visits, once a month (onsite) • One (1) final construction and punch list completion meeting (onsite) • Two (2) as-needed meetings during construction for potential issues (onsite) Client Participation:
• Attendance at meetings
Task 4.3: Record Drawing and Project Closeout
Ensure quality record documents and administrative records for future modifications and maintenance of the facility.

RRM and our subconsultants will review the contractor’s markups of record drawings to verify all revisions made during construction are included to provide the City with a complete record of the project as completed. RRM and our subconsultants will update the digital CAD drawings and provide the City with a digital PDF and CAD file.

Deliverables:
• List of missing revisions
• Scan of final contractor markups
• As-built construction plans in hard copy, digital pdf, and CAD • Review of contractor-provided record as-built drawings and operations and maintenance manuals

OPTIONAL TASKS
Task O.1: 5th and C St.

If desired by the City after analysis by RRM consultants the City may elect to improve the existing path of travel from the Transit Site to the corner of 5th and C Streets. RRM will provide path of travel improvement drawings and CA support service as needed for these improvements.

Deliverables:
• Existing conditions and demolition plan
• Grading Paving Plan
• Curb ramp details
Meetings:
• To be incorporated with other meetings
SECTION 3 | Scope of Work Scope of Work | SECTION 3
42 City of Madera | Proposal FOR Intermodal Transit Center 43

COST CONTROL AND BUDGETING
RRM takes an equally thoughtful approach to developing our designs into implementable plans that achieve the most value for our clients. We strive to balance the aesthetic, functional, environmental, schedule, and initial and lifecycle costs, so that the City and Community enjoy our projects just as much 30 years later as they do at opening. The key is we don’t let our ego get in the way! We understand that public projects need to balance near term and long-term constraints and needs and it’s our job to help with this.

Some of the ways we achieve the most value is by using our years of experience on some of the hardest public project types (public parks, fre stations, schools, etc.) to design the little details that increase the long-term durability and reduce operational costs.

In addition to our knowledge and philosophy we recommend an itemized cost estimate approach at the majore stages. This allows us to make decisions with the City that are at the appropriate level, such as big scope changes early on.

Lastly, we aim to make choices when specifying materials and systems that are not only appropriate for the end product, but that match the level of expected contractors to facilitate a clean and robust contractor bidding environment. Some of the ways we do this is to be knowledgeable of the local contacting community and experience, availability of materials, and clearly identifying building systems and how they integrate with the design.

CONSIDERATIONS

CRITICAL ENGINEERING ISSUES
For any renovation project, one of the most critical aspects is balancing desired scope and design with minimal disruption to existing conditions. We try to minimally impact items such as structural systems and major mechanical, electrical, and plumbing systems. By doing so the design can reduce revisions to system that would have minimal qualitative value.

In addition, to the improvements internally, we noticed various levels of asphalt pavement failure. We recommend the City conduct a geotechnical investigation and together develop a pavement replacement strategy that meets the initial cost constraints that provides the most long-term value.

Lastly, there are some apparent ADA issues along the Public Way along 5th street. We have included an assessment in our proposal and an optional task that the City can elect if desired to make improvements to the path of travel.

ENVIRONMENTAL ISSUES
Based on the age of the facility, there were no apparent environmental issues. However, the City must conduct a Lead and Asbestos study prior to commencing any work. We recommend completing this at project initiation for confirmation of any hazardous materials.

From a forward-thinking sustainability perspective, the scope did not require any improvements for electric vehicle or bus charging stations. RRM will review this and work with the client to identify any opportunities to minimize future work if possible.

COST AND SCHEDULE
The largest potential cost and schedule impact that we foresee and is common in renovation projects is undocumented or unknown existing conditions (e.g. rot damage). To help mitigate this we have included a site assessment early on with our consultant team to verify systems and any critical factors that could add complexity and cost to the project. In addition, our team is experienced in balancing the long-term costs against the initial cost for the project. We understand that public buildings need to last for 30+ years and will work with the City to balance the budget with the scope.

Lastly, we start with a schedule, verify it with the stakeholders, and monitor it with the City stakeholder on a weekly basis. We focus on hitting our scheduled dates but are flexible to ensure that most of all the overall project is successful for our clients.

NEIGHBORHOOD ENHANCEMENT
RRM is a community based design firm. Our design philosophy isn’t fueled from a designer ego, success for us is fueled from coming up with the best solution for our clients and the community. For the Madera project we look forward to hearing from the stakeholders and being able to implement a solution that connects and signifies the importance to the community for years to come.

SECTION 3 | Scope of Work Scope of Work | SECTION 3
44 City of Madera | Proposal FOR Inter modal Tr ansit Center 45

TIMELINE
ID Task Name Duration Start Finish
1 RFQ Submittal 0 days Fri 4/21/23 Fri 4/21/23
2 Contract Award by Council 0 days Wed 5/17/23 Wed 5/17/23 3 Notice to Proceed 0 days Fri 5/19/23 Fri 5/19/23
4 Phase 1 - Schematic Design 41 days Thu 5/18/23 Thu 7/13/23 5 Task 1.0 Project Initiation and Administration 0 days Thu 5/25/23 Thu 5/25/23 6 Kickoff Meeting 0 days Thu 5/25/23 Thu 5/25/23
7 Task 1.1 Exiting Condition Verification and Site Survey 41 days Thu 5/18/23 Thu 7/13/23 8 Existing Condition Assessment (as-built verification) 20 days Fri 5/26/23 Thu 6/22/23 9 Geotechnical Investigation and Studies (if needed) 30 days Fri 6/2/23 Thu 7/13/23 10 Site Survey and Underground Utility Investigation 10 days Mon 5/22/23 Fri 6/2/23 11 Code and Jusisdictional Analysis 10 days Fri 5/26/23 Thu 6/8/23 12 Develop Conceptual Diagrams and Boards 15 days Thu 5/18/23 Wed 6/7/23 13 Conceptual Design Review/Program Review Meeting 0 days Wed 6/7/23 Wed 6/7/23 14 Phase-2 Schematic Design 40 days Thu 6/8/23 Wed 8/2/23 15 Task 2.1 Schematic Design 40 days Thu 6/8/23 Wed 8/2/23 16 Schematic Design Documentation 20 days Thu 6/8/23 Wed 7/5/23 17 100% Schematic Design Cost Estimate 5 days Thu 7/6/23 Wed 7/12/23 18 Phase 1 Submittal 0 days Wed 7/12/23 Wed 7/12/23
19 City Schematic Design Review 5 days Thu 7/13/23 Wed 7/19/23 20 Schematic Design Refinement Resolution 10 days Thu 7/20/23 Wed 8/2/23 21 Phase 3 - Construction Documents 105 days Wed 8/2/23 Wed 12/27/23 22 Task 3.1 Construction Documents 70 days Wed 8/2/23 Wed 11/8/23 23 50% Construction Documents NTP 0 days Wed 8/2/23 Wed 8/2/23 24 50% Construction Documents 20 days Thu 8/3/23 Wed 8/30/23 25 50% Constructability Review-Building Systems 5 days Thu 8/31/23 Wed 9/6/23 26 City 50% Construction Documents Review 5 days Thu 9/7/23 Wed 9/13/23 27 90% Construction Documentation 20 days Thu 9/14/23 Wed 10/11/23 28 90% Constructability Review-Building Details 5 days Thu 10/5/23 Wed 10/11/23 29 90% Construction Documents Cost Estimate 10 days Thu 10/5/23 Wed 10/18/23 30 Phase 3 Submittal 0 days Wed 10/18/23 Wed 10/18/23
31 City 90% Construction Documents Review 5 days Thu 10/19/23 Wed 10/25/23 32 90% Construction Documents Refinement Resolution 10 days Thu 10/26/23 Wed 11/8/23 33 Task 2.3 Permitting 45 days Thu 10/26/23 Wed 12/27/23 34 1st Building Department Review 20 days Thu 10/26/23 Wed 11/22/23 35 Incorporate Building Dept. Comments 15 days Thu 11/23/23 Wed 12/13/23 36 2nd Building Department Review 10 days Thu 12/14/23 Wed 12/27/23 37 Phase 4 - Bidding and Construction Administration 165 days Thu 12/28/23 Wed 8/14/24 38 Task 4.1 Bidding 20 days Thu 12/28/23 Wed 1/24/24
39 Pre-Bid Conference 0 days Mon 1/8/24 Mon 1/8/24
40 Bid Opening and Evaluation Meeting 0 days Wed 1/24/24 Wed 1/24/24 41 Conformance Set 15 days Thu 1/25/24 Wed 2/14/24
42 Construction Award 0 days Wed 2/21/24 Wed 2/21/24
43 Task 4.2 Construction Administration (6 months) 125 days Thu 2/22/24 Wed 8/14/24 44 Certificate of Occupancy 0 days Wed 8/14/24 Wed 8/14/24 45 Task 4.3 Record Drawing Review and Project Closeout 25 days Thu 8/15/24 Wed 9/18/24 46 Project Complete 0 days Wed 9/18/24 Wed 9/18/24
4/21
5/17
5/19
5/25
5/25
6/7
7/12
8/2
10/18
1/8
1/24
2/21
8/14
9/18
Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Qtr 1, 2023 Qtr 2, 2023 Qtr 3, 2023 Qtr 4, 2023 Qtr 1, 2024 Qtr 2, 2024 Qtr 3, 2024 Qtr 4, 2024 City of Madera - Intermodal Transit Center
Wed 5/10/23
Note:
-Schedule is dependent on stakeholder, agency, and contractor durations. 1 * schedule is dependent on staekholder, agency, and contractor durations SECTION 3 | Scope of Work Scope of Work | SECTION 3
46 City of Madera City of Madera |
Prropposal FOOR Interererermodal TrTrTrTransiit Ceenterererer 47

RRM PROJECT
Whittier Oak Station
46 City of Madera | Proposal FOR Inter modal Tr ansit Center 47 4Litigation Proposal for Intermodal Transit Center 48 City of Madera | Proposal FOR Inter modal Tr ansit Center 49 RRM'S LITIGATION HISTORY (5 YEARS)
Case Name:

RRM DESIGN GROUP VS. PASO ROBLES

JOINT UNIFIED SCHOOL DISTRICT
Date of Claim: 1/27/20
Claim Detail: Paso Robles Joint Unified School
District failed to pay for services rendered. RRM
filed a Breach of Contract claim a measure of last
resort.

Project Name: Paso Robles Joint Unified Master
Plan Topographic Surveying
Project Owner/Respondent: Paso Robles Joint
Unified School District
Applicable Court: County of San Luis Obispo
Current Status: Settled
Case Name:

ROBERT SHELDON, ET. AL. VS. CITY OF

PISMO BEACH, COUNTY OF SAN LUIS

OBISPO, STATE OF CALIFORNIA, RRM

DESIGN GROUP
Date of Claim: 1/25/20
Claim Detail: Personal injury claim filed related
to a trip and fall at Pismo Beach cement seating.

Project Name: Pismo Beach Pier Plaza and
Parking Lot Upgrade and Price Street Streetscape
Project Owner/Respondent: City of Pismo
Beach
Applicable Court: County of San Luis Obispo
Current Status: In litigation
Case Name:

ARLINGTON THEATRE PROPERTY, LLC
VS. RRM DESIGN GROUP
Date of Claim: 7/17/18
Claim Detail: Accessibility doorway clearance,
other construction-related issues, and active
settlement discussions are taking place. Currently
under tolling agreement executed between parties.

Project Name: Arlington Village Rentals and
Mixed-Use Development
Project Owner/Respondent: Arlington Theatre
Property, LLC
Applicable Court: County of Santa Barbara
Current Status: In settlement discussions
Case Name:

RRM DESIGN GROUP VS.

KERRY MORIARTY
Date of Claim: 3/29/18
Claim Detail: Moriarty Property Company failed
to pay for services rendered. RRM filed a Breach
of Contract claim, a measure of last resort.

Project Name: New Town Plaza Mixed-Use
Development
Project Owner/Respondent: Kerry Moriarty
Applicable Court: County of Santa Barbara
Current Status: Settled

RRM PROJECT
Manteca Transit Station
Litigation | SECTION 4
50 City of Madera |
Proposal FOR Inter modal Tr ansit Center 51

RRM PROJECT
Manteca Transit Center
50 City of Madera City of Madera | Prropposal FOOR Interererermodal TrTrTrTransiit Ceenterererer 51 5Contract Agreement Proposal for Intermodal Transit Center 52 City of Madera | Proposal FOR Inter modal Tr ansit Center 53

CONTRACT EXCEPTIONS
RRM Design Group has reviewed the Professional Services Agreement and we have no objection to the terms and conditions contained therein, assuming that the indemnification clause is consistent with State of California Civil Code Section 2782.8 verbiage.

SECTION 5 | Contract Agreement Contract Agreement | SECTION 5

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: May 17, 2023
_________________________________ Agenda Number: ___________ Keith Helmuth, City Engineer
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Yosemite Avenue Landscaping and Project Updates
RECOMMENDATION:

This report is submitted for City Council (Council) as an update of the Caltrans State Route 145 Yosemite Avenue (Project) and consideration and direction relative to various items for the Project
SUMMARY:

Caltrans and their consultant continue to work on the design of the Project. As the design progresses, specific questions on various items are generated in which the Caltrans team needs direction on how to proceed. Many of these can be answered by staff, however, some items require more consideration. Landscaping along Yosemite Avenue has been requested to be included in the Project. The planting materials and desired aesthetic look have yet to be defined as of this time.

Additionally, an area along Madera Avenue at G Street has an atypical section of pavement without a clearly defined intersection. Caltrans will be adding curb, gutter and sidewalk along Madera Avenue and G Street. Caltrans is requesting feedback for this location.

DISCUSSION:

City staff continues to work with Caltrans staff and their consultant to include as many of the improvements identified in the Downtown Plan into the project as possible. Cost estimates are being prepared to widen sidewalks between E Street and B Street, add decorative street lighting, Rectangular Rapid Flashing Beacons at unsignalized intersections, and landscaping within the proposed median islands along the street. As authorized by Council at the March 1, 2023, meeting, these added improvements can be at most $3 million. Currently, the estimate exceeds E-1
this value and adjustments to the scope will be made. A general overview of the improvements being considered and estimated along Yosemite is shown in Attachment 1.

As the discussion turned to landscaping along Yosemite Avenue, questions about desired trees species and shrubs surfaced. Previous discussions with Council have generally indicated a desire for more shade along Yosemite Avenue.

Around the City, there are generally two concepts of landscaping streets. Many areas have trees and shrubs in the median and trees in the park strip adjacent to the street. Other areas have more recently included drought-tolerant plants and materials. For example, trees and shrubs are within the median island along Yosemite Avenue, west of Gateway. Similar landscaping can be found along parts of Cleveland, Westberry, and Howard. This type of landscaping would provide added shade along Yosemite. However, more drought-tolerant landscaping has been planted on 4th Street from Sunset to Lake and north of Pecan on Pine. Because of the plants and materials used, less shade would be provided in conflict with the recommendations of the Downtown Master Plan, but it would be more economical for maintenance and water usage. Examples of landscaping within the City are shown in Attachment 2.

A third consideration for landscaping on Yosemite Avenue could be to have the Caltrans Landscape Architect propose various landscaping concepts to be incorporated into the Project.

With the options available for landscaping, staff is seeking direction from Council to ensure the Project matches what is being envisioned.

Once the landscaping has been completed, it appears it will need to be added to the City's Landscape Maintenance Services contract, in the Downtown District area unless the Madera Downtown Association agrees to maintain it. That contract expires in 2025, prior to Caltrans completing the work, so this additional maintenance will not affect the current contract. The current annual cost for this area is approximately $6,100.

A second item that has come up from the Project design is the intersection of Madera Avenue and G Street. There is a large, paved area at this location where the intersection is not clearly defined. Caltrans is installing curb, gutter, and sidewalk at this location to better define the intersection and they are asking what we would like to do with the area enclosed by the curb and gutter. A conceptual layout of this intersection is shown in Attachment 3.

As shown on this conceptual layout, options on the use of this land become available. Two options for this "parcel" is that it can be vacated as street right of way and combined with the adjoining parcel as it is too small for a separate residential lot, or it could be developed as a small, landscaped park or open space, potentially with signage or artwork to welcome visitors to Madera.

FINANCIAL IMPACT:

There is no fiscal impact to the City's General Fund as a result of assigning transportation funds toward the Project for the added improvements. Additional funding for landscape maintenance would come from the Downtown Association fund, which is not supported by the General Fund.

ALTERNATIVES:

Alternatives will be considered as part of Council discussion.

ATTACHMENTS:

1. Yosemite Avenue Improvements

2. Various Landscaping Concepts

3. Madera Avenue/G Street Intersection
Attachment 1
Yosemite Avenue Improvements
CALTRANS IMPROVEMENTS LEGEND:

Exist R/W

PROPOSED PAVEMENT

PROPOSED SIDEWALK/BULB-OUT

PROPOSED TRUCK APRON

PROPOSED CURB & GUTTER

STOP SIGN TRAFFIC CONTROL
Exist TRAFFIC SIGNAL WITH LIGHT
(EXISTING STREET LIGHTS TO BE REPLACED WITH ROUNDABOUT LIGHTING) Exist LAMP POST
PLAN
PLAN
NOTES:

1. TREES AND LANDSCAPING LOCATIONS IN EXISTING SIDEWALK

TO BE VERIFIED TO NOT IMPACT EXISTING BASEMENTS

2. POTENTIAL FOR LANDSCAPING AT ENTRANCES AND EXITS

ONCE ROUNDABOUT IS DESIGNED

3. LIGHTING ANALYSIS TO BE PERFORMED TO CONFIRM WHERE

LIGHTING WILL BE REQUIRED

4. BIKE PARKING EXACT LOCATIONS TO BE DETERMINED LATER

5. TRANSIT STOP LOCATIONS TO BE DETERMINED AND TO BE

INSTALLED PRIOR TO CALTRANS PROJECT

6. DOES NOT INCLUDE MODIFICATIONS OR CORRECTIONS TO
EXISTING SIDEWALKS FOR ADA COMPLIANCE. THIS WOULD BE
COST PROHIBITIVE. DSDD TO BE PURSUED
CITY IMPROVEMENTS LEGEND:

PROPOSED SIDEWALK WIDENING

PROPOSED RAISED MEDIAN/LANDSCAPE
Exist STREET LIGHT
(EXISTING STREET LIGHTS TO BE REPLACED WITH DECORATIVE LAMPS)

PROPOSED LAMP POST

PROPOSED TREE

PROPOSED SHRUB
Attachment 2
Various Landscaping Concepts
Pine, North of Pecan (looking north)
Pine, North of Pecan (looking south)
Fourth Street, west of G Street
Fourth Street, east of C Street
Yosemite Avenue, west of Gateway
Howard, west of Schnoor
Cleveland, west of Schnoor
Cleveland, east of Owens
Attachment 3
Madera Avenue/G Street Intersection

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Set date(s) for City Attorney interviews
RECOMMENDATION:

Request for direction regarding date(s) for interviewing City Attorney candidates SUMMARY:

The City Council provided direction to staff at its meeting on May 10, 2023, to publish a Request for Proposals (RFP) for contract City Attorney services due to the upcoming retirement of the current City Attorney. Staff has drafted a timeline for the RFP process and is requesting Council discuss and set a date or dates to be included in the published RFP for interviews of potential City Attorney candidates.

DISCUSSION:

Consistent with Council’s direction, staff is finalizing an RFP for publication to seek proposals for City Attorney services. Part of the selection process will include candidate interviews with the City Council. It is helpful to provide this date or dates in advance to potential proposers so that they can reserve the time on their calendar and the City is not asked to try to accommodate various interview schedules after-the-fact. Simply put, it assists in a timely conclusion to the process. Staff has drafted the following timeline for publication and subsequent steps in this process.

Friday, 5/19/23 Publish RFP for Contract City Attorney Services Friday, 6/2/23 Deadline for written questions
Wednesday, 6/7/23 Response to questions posted
Friday, 6/16/23 Proposal deadline
Wednesday, 6/21/23 Council review of proposals received and direction to staff on which proposers to schedule for interview
To be determined Council interview of selected candidates Council Meeting of: May 17, 2023
Agenda Number: ___________ E-2
To allow for notification to proposers and potential travel arrangements they will need to make, staff suggests Council consider dates for interviews occurring on or after Wednesday, June 28, 2023. The amount of time needed for interviews will be dependent on the number of candidates Council desires to interview after reviewing proposals. This could range anywhere from a half to a full day of interviews and deliberations. The interviews could occur in one single block of time or Council could potentially reserve two half-day time blocks for the process. Staff will make arrangements based on Council’s direction.

FINANCIAL IMPACT:

There is no anticipated financial impact from setting a date for candidate interviews.

ALTERNATIVES:

Council could direct staff to publish the RFP without pre-selecting a date for interviews.

ATTACHMENTS:

None

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