1 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into this ____ day of May, 2022, by and between the CITY OF MANTECA, a public body, corporate and politic ("City") and Dewberry Engineers Inc., a New York corporation ("Consultant").
RECITALS
A. Consultant is specially trained, experienced, and competent to perform the professional services required by this Agreement.
B. Consultant possesses the skill, experience, ability, background, certification, and knowledge to provide the services described in this Agreement on the terms and conditions specified herein.
C. City desires to retain Consultant to render the professional services set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the Public Facilities Implementation Plan Update and Interim Fee services described in the attached Attachment 1 that is incorporated by this reference, and pursuant to the Proposal submitted by Consultant dated April 22, 2022, and attached hereto as Attachment 2. Consultant shall provide these services at the time, place, and in the manner specified in Attachment 1, subject to the direction of the City through its staff that may be provided from time to time. Performance of the Public Facilities Implementation Plan Update and Interim Fee services is sometimes referred to herein as “the Project.”
2. Work Through City Staff. Consultant shall perform its services pursuant to this Agreement solely through City staff. No communications, information or documentations shall be made directly to any applicant to the City without the prior written consent of the City. This shall not apply to the sole request of information or clarification of information by Consultant from the applicant. All requests shall be noted to City in an expeditious manner.
3. Time of Performance. Consultant’s services will commence upon execution of this Agreement and shall be completed in accordance with the Schedule of Activities, attached hereto as Attachment 3. All work shall be completed no later than June 30, 2023. Failure to submit work products in accordance with the Schedule of Activities may result in the City withholding progress payments. Repeated failure to complete work products in accordance with the Schedule of Activities may result in a reduction of the total compensation provided for in Section 4 herein.
4. Compensation. Without additional authorization from the City, compensation to be paid to Consultant shall not exceed one hundred sixty one thousand dollars ($161,000). Payment by City under this Agreement shall not be deemed a waiver of any defects, even if those defects were known to the City at the time of payment.
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2 5. Method of Payment. Consultant shall submit monthly billings to City specifying and describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours expended and by whom, and a description of any reimbursable expenditures.
City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. Payments may be delayed by City if Consultant fails to provide services in accordance with the Schedule of Activities, unless the City has provided prior written consent to any delay in the schedule.
6. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, the term "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without the City’s prior written authorization.
7. Termination. This Agreement may be terminated by the City immediately for cause, or by either party without cause upon 15 days’ prior written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination upon submittal of an invoice for same.
8. Ownership of Documents; Confidentiality.
A. All plans, studies, documents, and other writings prepared by and for Consultant, its officers, employees, agents, and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of City upon payment to Consultant for such work. City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request by City. Consultant shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose.
B. All memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other documents and data, either created by or provided to Consultant in connection with the performance of this Agreement, shall be held confidential by Consultant. These materials shall not, without the City’s prior written consent, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall these materials be disclosed to any person or entity not connected with the performance of services under this Agreement. Nothing furnished to Consultant that is otherwise known to Consultant, or is generally known, or has become known to the related profession shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to the Project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production, or other similar medium without the City’s prior written consent.
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3 9. Consultant's Books and Records.
A. Consultant shall maintain all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City, for a minimum period of three years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement.
B. Consultant shall maintain all records that document performance under this Agreement for a minimum period of three years, or for any longer period required by law, from the date of termination or completion of this Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address specified in Section 16 of this Agreement.
D. Where City has reason to believe that records or documents may be lost or discarded due to the dissolution or termination of Consultant's business, City may, by written request, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to these records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-ininterest.
10. Independent Contractor. In the performance of the work and services required by this Agreement, Consultant shall act as and be an independent contractor and not an agent, or employee of the City. Consultant shall obtain no rights to retirement or other benefits that accrue to City's employees, and Consultant expressly waives any claim it may have to any such rights.
11. Interest of Consultant.
A. Consultant represents that neither it nor any employee has any investment or interest in real property, and shall not acquire any such interest, direct or indirect, within the area covered by this Agreement, or any other source of income, interest in real property, or investment that would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further represents that, in the performance of its duties hereunder, no person having any such interest shall perform any services under this Agreement.
B. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
(1) will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel independent of the control and direction of the City, or of any City official, other than normal Agreement monitoring; and
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4 (2) possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendation, or counsel. (FPPC Reg. 18700(a)(2).)
12. Professional Ability of Consultant.
A. City is relying upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement.
Consultant shall therefore provide skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise.
B. The primary provider of the services required by this Agreement shall be Dave Richard, PE. A list of other individuals assigned to the Project will be provided to City for its review and approval, and these individuals shall not be replaced without the City’s prior written consent.
13. Compliance with Laws. Consultant shall use the customary standard of care in its profession to comply with all applicable federal, state, and local statutes, codes, ordinances, and regulations.
14. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals that are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance, and approvals that are legally required of Consultant to practice its profession.
15. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, and hold harmless the City, its officers, officials, agents, employees, and volunteers, from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith), arising out of Consultant’s performance of this Agreement, or Consultant’s failure to comply with any of its obligations contained in this Agreement; excluding, however, any claim arising out of the active negligence or willful misconduct of the City, its officers, agents, employees, or volunteers.
16. Insurance Requirements.
A. Job specific insurance requirements can be found on the attached Attachment
4. Other insurance provisions can be found below:
B. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing an A.M. Best's rating of no less than A:VII and shall be endorsed with language substantially as follows:
(1) The City, its elected and appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with ATTACHMENT 1
5 respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work.
(2) The policy shall be considered primary insurance as respects the City, its elected and appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. (3) The insurance shall apply to each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. (4) The insurer waives all rights of subrogation against the City, its elected and appointed officers, officials, employees, and agents. (5) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officers, officials, employees, agents, or volunteers. (6) The insurance provided by the policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after 30 days written notice has been received by the City.
(7) The City will not accept any endorsements that were issued in 2004. Acceptable endorsement forms are CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of those deductibles or self-insured retentions.
D. Certificates of Insurance. Consultant shall provide to City certificates of insurance with original endorsements as evidence of the required insurance coverage.
Certificates of insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Manteca
1001 W. Center Street
Manteca, CA 95337
Attention: Casandra Candini-Tilton, Director/City Clerk ATTACHMENT 1
6 If to Consultant: Dewberry Engineers Inc.
903 W. Center Street, Suite 1
Manteca, CA 95337
Attention: Dave Richard, PE
18. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in their entirety by this Agreement.
19. Amendments. This Agreement may be amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
20. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience, and competence of Consultant. Assignments of any or all rights, duties, or obligations of the Consultant under this Agreement will be permitted only with the express written consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor.
Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay any monies due to any such subcontractor other than as may be required by law.
21. Waiver. Waiver of any breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach or default of the same or any other provision under this Agreement.
22. Severability. If any provision of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
23. Controlling Law; Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California, and any legal action relating to this Agreement shall take place in the Superior Court, County of San Joaquin.
24. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.
25. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five ATTACHMENT 1
7 mediators selected by JAMS, and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
26. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy has been signed by both parties.
27. Authority to Enter Agreement. Consultant warrants that it has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each party warrants to the other that the signatories to this Agreement have the legal power, right, and authority to enter into this Agreement and to bind each party.
28. Prohibited Interests.
A. Consultant warrants that it has not employed or retained any person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement.
Further, Consultant warrants that it has neither paid nor agreed to pay any person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For any breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.
B. For the term of this Agreement, no member, officer, or employee of City, during the period of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
29. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
30. Precedence. In case of conflict between Consultant’s Proposal/Consultant’s attachments and the City’s Agreement/City’s attachments, the City’s Agreement and City’s attachments shall take precedence over Consultant’s proposal/Consultant’s attachments.
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8 TO EFFECTUATE THIS AGREEMENT, each of the parties has caused this Agreement to be executed by its duly authorized representative as of the date set forth in the introductory paragraph on page 1 above.
CITY OF MANTECA: CONSULTANT:
_________________________________ Dewberry Engineers Inc.
Toni Lundgren, (Type name of Consultant/form of organization)* Interim City Manager
ATTEST: By: ___________________________________
(Signature)
_________________________________ ___________________________________ Cassandra Candini-Tilton, (Type name and title)
Director of Legislative Services
COUNTERSIGNED: By: ___________________________________
(Signature)
_________________________________ ___________________________________ Bret Harmon, (Type name and title)
Director of Finance
COUNTERSIGNED: Address: 903 W. Center Street, Suite 1
Manteca, CA 95337
_________________________________
Dawn Cortesi,
Acting Director of Human Resources Telephone: 209.707.3330 APPROVED AS TO FORM:
_________________________________
L. David Nefouse,
City Attorney
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9 ATTACHMENT 1
SCOPE OF SERVICES
ATTACHMENT 1
City of Manteca – Public Facilities Implementation Plan Page 1 Interim Fee – Scope of Services
April 2022
l:\19016 - 2019 public facilities implementation plan update - ci manteca\100 project controls\130 scope & fee\2022-04 interim pfip.docx
CITY OF MANTECA
PUBLIC FACILITIES IMPLEMENTATION PLAN
INTERIM FEE – SCOPE OF SERVICES
April 22, 2022
The City of Manteca (City) contracted with Dewberry Engineers Inc. (previously Drake Haglan and Associates) (Dewberry) to prepare a Public Facilities Implementation Plan Update (PFIP Update) and associated fee schedules (PFIP Fees). In preparing the PFIP Update, Dewberry completed the following technical memoranda (TM):
• TM 1.0 – Background Information
• TM 2.0 – Capital Improvement Projects Completed since 2018 • TM 3.0 – PFIP Capital Improvement Projects Yet to be Completed • TM 4.0 – Comparison of PFIP Capital Improvement Project Costs versus Actual Costs • TM 5.0 – Evaluation of Demand Factors
• TM 6.0 – Summary of Level of Service Requirements
In addition to the TMs listed above, the Dewberry team also prepared initial versions of the following:
• Policies and Operating Assumptions Report (will become TM 7.0) • Preliminary Demographics and Land Use (to be incorporated into TM 8.0 – Growth Forecast)
The City desires to implement interim fees prior to completion of the PFIP Update. This Scope of Services is to prepare documents for Interim Public Facilities Implementation Plan Fees (Interim PFIP Fees). The following tasks are anticipated:
• Task 1 – Project Management
• Task 2 – Summarize Current Status of PFIP Funds
• Task 3 – Policies and Operating Assumptions Report (POAR) • Task 4 – Develop Land Use Forecast
• Task 5 – Develop Updated List of Capital Improvement Projects • Task 6 – Prepare Financing Plan
• Task 7 – Prepare Administrative Draft, Draft, and Final Interim PFIP Report Each task is described as follows:
TASK 1 – PROJECT MANAGEMENT
Project management activities include: 1) Project Administration, 2) Monthly Project Reports, 3) Project Status Meetings, and 4) Assistance with Public Presentations. Each is described below.
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City of Manteca – Public Facilities Implementation Plan Page 2 Interim Fee – Scope of Services
April 2022
l:\19016 - 2019 public facilities implementation plan update - ci manteca\100 project controls\130 scope & fee\2022-04 interim pfip.docx
1.1 Project Administration
Project Administration includes supervision and scheduling of project staff; review of work prepared by staff and subconsultants; project coordination; liaison with the Building Industry Association (BIA), property owners, developers, and other stakeholders; monitoring of budget; corresponding with City staff and other interested parties.
1.2 Monthly Progress Reports
Monthly progress reports accompanying invoices will be submitted to the City and will include a discussion of the following:
• Level of Project Completion (work completed and in progress) • Project Expenditures
• Comparison of Actual Schedule of Progress Versus the Contractual Schedule • Key Issues and Milestone Decisions
1.3 Project Status Meetings
Monthly project status meetings will be held with City staff and selected stakeholders during preparation of Interim PFIP Fees. Typical agenda items will include:
• Status of Report Elements
• Unresolved Product Issues
• Key Milestone Events
• Critical Decisions
• Upcoming Schedule
• Budget Status
• Action Items
Six project status meetings are assumed under this task.
1.4 Assistance with Public Presentations
Two presentations (including a public hearing) to the City Council and one presentation to the Planning Commission during the preparation of the Interim PFIP Fees are anticipated. The initial presentation to the City Council will be in a workshop format to obtain conceptual approval for the initial infrastructure “needs” list. Subsequent presentations will include a discussion of the proposed Capital Improvement Program (CIP) and Financing Plan. PowerPoint slides and large-scale exhibits will be prepared to illustrate the CIP and financing options. These presentations to the Planning Commission and City Council are expected at the draft Interim PFIP completion milestone.
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City of Manteca – Public Facilities Implementation Plan Page 3 Interim Fee – Scope of Services
April 2022
l:\19016 - 2019 public facilities implementation plan update - ci manteca\100 project controls\130 scope & fee\2022-04 interim pfip.docx TASK 2 – SUMMARIZE CURRENT STATUS OF PFIP FUNDS
To establish the current financial status of the PFIP, the following activities are planned.
2.1 Update the CIP Costs for PFIP Water and Transportation-Related Infrastructure Projects Since 2013
Dewberry prepared TM 2.0, Capital Improvement Projects Completed since 2013. Based on feedback from the City, the database will be updated to 2021 and re-submitted as TM 2.1, Capital Improvement Projects Completed since 2013 with 2021 Update.
2.2 Develop Conceptual-Level Comparison of Planned PFIP Capital Improvement Costs Versus Actual Costs/Likely Future Costs for Required Infrastructure To identify projects yet to be completed and anticipated costs, Dewberry prepared TM 3.0, PFIP Capital Improvement Projects Yet to be Completed, and TM 4.0, Comparison of PFIP Capital Improvement Project Costs versus Actual Costs. This information will be updated to 2021 with input from the City and a potential list of capital improvement projects will be identified for the Interim PFIP. The results of this analysis will be summarized in a detailed spreadsheet and will serve as foundational material for Task 5.
TASK 3 – POLICIES AND OPERATING ASSUMPTIONS REPORT (POAR) The intent of the POAR is to identify numerical and methodological assumptions that will be used in the preparation of the Interim PFIP. The City is currently reviewing initial assumptions to be used in the Interim PFIP. A draft Summary POAR (TM 7.0) will be prepared incorporating key assumptions for each component of the impact fee and will include a detailed discussion of LOS standards and design criteria. Following review by City staff, a final Summary POAR will be prepared.
TASK 4 – DEVELOP LAND-USE FORECAST
An initial step in the preparation of the Interim PFIP is to develop a land-use forecast for the next five years. Specific subtasks are as follows.
4.1 Assess Potential Fee Zone Geography
This subtask involves assessing the potential fee zone geography to be used in updating the PFIP and compiling a digital basemap for use in preparing the development forecasts. The subtask also includes setting up and compiling digital map resources for preparing the growth forecasts.
Preparation of the development forecasts will rely upon the use of the City geographic information system. General Plan land use polygons in digital map form (in lat/lon shapefile format) are assumed to be available from the City and General Plan consultant.
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City of Manteca – Public Facilities Implementation Plan Page 4 Interim Fee – Scope of Services
April 2022
l:\19016 - 2019 public facilities implementation plan update - ci manteca\100 project controls\130 scope & fee\2022-04 interim pfip.docx
4.2 Inventory Approved and Proposed Development Projects Current development projects will be inventoried and mapped. The inventory will include known incomplete development projects, including those already entitled, those that have filed subdivision maps, and those that have made any inquiries to the City.
4.3 Prepare City-Wide Development Forecasts
The Dewberry Team will prepare a City-wide development forecast using information provided by the General Plan consultant, BIA, and the local development community and in consideration of approved and proposed development projects and historical absorption rates. The forecast will include a temporal aspect appropriate to determine nexus.
4.4 Summarize Growth Forecast
The Dewberry Team will prepare a Growth Forecast TM (TM 8.0) including sufficient details to serve as the foundation for the remainder of the PFIP. The Growth Forecast will be presented to City staff for review and comment.
TASK 5 – DEVELOP UPDATED LIST OF CAPITAL IMPROVEMENT PROJECTS An updated list of capital improvement projects for water, wastewater, storm drainage, and transportation will be prepared. Improvements will be tied to specific development triggers. Capital improvement project templates will be established to assure consistent presentation of capital improvement plans. The cost estimates for each recommended improvement will include a brief project description with the type, name, location, size or quantity, construction cost, land cost, contingency assumptions, and total cost. Cost estimates will be reviewed for reasonableness and consistency with the latest industry norms. The CIP will then be summarized in a technical memorandum (TM 9.0), organized by facilities type and development trigger.
Specific activities to develop the updated project lists are as follows.
A. Water: Water demands will be projected for the updated land use plan and compared to projections for the existing General Plan. The validated unit demand factors will be applied to the various land use categories to determine the overall impact on water supply, water storage, and distribution systems. The difference in water demands will serve as a basis for any changes in water supply strategy (number of future wells, greater reliance on deliveries from SSJID), emergency/operational storage requirements, and blending of surface/ groundwater. The existing water distribution system model will be manipulated to confirm transmission and distribution piping sizing and expansion of the network to serve new development areas. An updated list of capital improvement projects will be generated including previous master plan projects, if still relevant, tied to specific development phasing triggers. Cost estimates for capital improvement projects will leverage recent bid results for water system improvements.
B. Wastewater: Wastewater flow projections will be developed based on the preferred land use alternative for the General Plan Update. The difference in wastewater flows between the ATTACHMENT 1
City of Manteca – Public Facilities Implementation Plan Page 5 Interim Fee – Scope of Services
April 2022
l:\19016 - 2019 public facilities implementation plan update - ci manteca\100 project controls\130 scope & fee\2022-04 interim pfip.docx existing General Plan and draft General Plan Update will be used to recalculate wastewater conveyance requirements on a sewer shed basis within the City service area. Using the City collection system model, pipelines will be resized to accommodate any revision in future flows. For the updated collection system model, a list of capital improvement projects will be generated. Construction cost estimates for the capital improvement projects will incorporate recent local bid results.
C. Drainage: An updated list of storm drain improvements will incorporate projects included in the 2013 PFIP that have not been constructed, storm drain service to Zones 36 and 39, and recommendations from the French Camp Outlet Canal Master Plan Study. The Dewberry Team will provide “C” factors for the various land uses and the corresponding equivalent dwelling unit factors for updating the proposed storm drain improvements and associated developer costs. Capital improvements will be identified to serve the forecasted development. Capital projects will be organized considering two fee schedules - one with a single zone for the entire City and another with two zones with Zones 36 and 39 as a combined zone separate from the rest of the City.
D. Transportation: The transportation component of the 2013 PFIP was updated in 2017.
Improvements to 81 roadway segments, 57 intersections, and six SR120 and SR99 interchanges were identified. The 2017 transportation supplement and source documents and other related information will be reviewed. The Dewberry Team, with input from the General Plan transportation firm consultant, will ascertain projects needed but not included in the 2017 supplement. In addition, cost estimates will be revised for projects on new alignments to include land costs for right of way that is not adjacent to existing streets.
TASK 6 – PREPARE FINANCING PLAN
The Dewberry Team will prepare a financing plan, compiling the results of the PFIP benchmarking activities, growth forecast, and capital improvement projects. Specific tasks are as follows:
6.1 Define Financing Parameters
This subtask will define the assumptions for the models used to calculate fees or other sources of funding. This step includes identifying the financing sub-zones to be used, identifying City policy regarding possible uses of bonded debt, and providing technical assistance to the City with respect to the timing of adoption and imposition of the fee program including timing of fees collection versus funding availability for construction. Other financing agreements that may affect the financing plan and development fee program will be analyzed and the financial impact of these other agreements will be incorporated into the Interim PFIP.
6.2 Examine Existing Deficiencies
The Dewberry Team will provide assistance to the City in identifying projects that remedy existing deficiencies but do not have a benefit to new growth. In addition, calculations will be prepared that identify the portion of proposed facilities that serve existing development in situations where a project must be split between new and existing development. The cost of projects that serve existing ATTACHMENT 1
City of Manteca – Public Facilities Implementation Plan Page 6 Interim Fee – Scope of Services
April 2022
l:\19016 - 2019 public facilities implementation plan update - ci manteca\100 project controls\130 scope & fee\2022-04 interim pfip.docx development will be included in the financing plan but will not be funded from development fees.
Results of the existing deficiency analysis will be presented in TM 10.0.
6.3 Develop DUE Schedules
A DUE schedule measures the relative burden placed on a category of service, compared to the predominant single-family residential land-use category. These relative amounts of use can then be normalized, where the predominant single-family land-use category (per dwelling unit) has a relative demand of 1.0. All other land-use categories can be measured in terms of their relative demand, either expressed as per dwelling unit or as per 1,000 square feet of building area for non-residential uses.
DUE schedules will be compiled for each facility class based on generation, use, and demand rates as presented in the updated facilities plans. The DUE schedules will be the basis for determining the fee imposed on each land-use category and will be presented to the City in spreadsheet form with the calculations attached.
6.4 Prepare Burden Analysis
As soon as a “needs list” and updated cost estimates are available, an estimate of "financing burden” will be prepared. This analysis will produce the first estimate of order-of-magnitude impact fees.
These fees will be compared to a minimum of five other cities in the region to establish “competitiveness.”
The results of this analysis including a discussion of differences in fees, will be summarized in TM 11.0 for City review and comment.
6.5 Prepare Forecast of Impact Fees
The purpose of this subtask is to calculate the updated fees in the PFIP. The beginning fund balances, other financing agreements, development forecasts, DUEs, and CIPs will be brought together in a cash-flow model to calculate the updated development impact fees. As part of this task, the project costs funded from the impact fee program will account for all existing sources of financing, as well as new sources of financing that can be reasonably conjectured.
The cash-flow model is a mathematical template that will be used to calculate each fee in the PFIP.
The cash-flow templates will be in a common format and will facilitate the conclusion about whether pay-as-you go financing is feasible for the phased development scenarios, whether an average fee will be sufficient to fund required infrastructure on a timely basis, whether borrowing between PFIP accounts will solve interim cash-flow problems, or whether consideration must be given to other methods to address cash-flow issues. The cash-flow model will incorporate the City’s policy regarding inter-fee-fund borrowing and will be used to evaluate the ability of the various fee funds to use inter-fund borrowing to solve short-term cash-flow deficiencies. The cash-flow model will also be used to establish a methodology to account for reducing fees when a development achieves certain metrics.
ATTACHMENT 1
City of Manteca – Public Facilities Implementation Plan Page 7 Interim Fee – Scope of Services
April 2022
l:\19016 - 2019 public facilities implementation plan update - ci manteca\100 project controls\130 scope & fee\2022-04 interim pfip.docx This subtask will result in creating the cash-flow models with inter-fee fund borrowing for each fee and includes three iterations of fee calculations and two meetings with City staff to review these results and respond to comments. The results will be presented to the City in spreadsheet format.
6.6 Prepare Finance Plan Report
The purpose of this subtask is to prepare a report and tables detailing the findings and results of the Interim PFIP. After the final calculation of the final version of the impact fees, the results will be summarized and presented to the City in TM 12.0 compiling the various analyses and technical memoranda prepared. TM 12.0 will represent Nexus documents demonstrating a reasonable relationship exists between the impact fee to be levied on each land use category and the cost of proposed facility improvements.
TASK 7 – PREPARE ADMINISTRATIVE DRAFT, DRAFT, AND FINAL INTERIM
PFIP REPORT
The Interim PFIP report will be prepared for ultimate City Council adoption. The report will be inclusive of the fees, project descriptions and estimates, and phasing plans for each of the categories listed below. This report will include the following sections:
• Executive Summary and Introduction
• Water
• Wastewater
• Storm Drainage
• Transportation
Each facilities section will be organized as follows: 1) description of the LOS standard; 2) summary table of DUEs; 3) discussion of methodology used to derive DUEs; 4) discussion of fee zone, if any; and 5) discussion of the planned improvements. Each report section is expected to be five to ten pages in length, including text, a phased cost summary, and an exhibit depicting major facilities.
An administrative draft of the Interim PFIP will be prepared for submission to the City. The Dewberry Team will participate in a workshop with City staff where the administrative draft will be presented. One presentation to the BIA is anticipated at the administrative draft stage (Task 1.3).
Based on comments received, the draft Interim PFIP will be prepared. The findings in the draft report will be presented to the Planning Commission and the City Council. Following receipt of comments, the Final Interim PFIP report will be prepared and submitted.
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CONSULTANT’S PROPOSAL
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Subconsultant
Rate/hr: $225 $130 $125 $115
Team Member:
Dave
Richard
Khuong
"KT" Tran
Jan
Henricksen
Support
Staff DTA
Project
Manager
Project
Engineer
Project
Coordinator
Staff
Engineers Hours Fee Finance Total Fee
Task 1 – Project Management
1.1 Project Administration 32 32 $7,200 $500 $7,700
1.2 Monthly Progress Reports 16 16 32 $5,600 $5,600
1.3 Project Status Meetings 16 16 16 48 $7,680 $4,000 $11,680
1.4 Assistance with Public Presentations
City Council (2) 8 4 12 $2,300 $2,000 $4,300
Planning Commission (1) 4 4 8 $1,400 $1,400
Subtotal Task 1 76 16 40 0 132 $24,180 $6,500 $30,680
Task 2 – Summarize Current Status of PFIP Funds
2.1 Update the CIP Costs for PFIP Water and TransportationRelated Infrastructure Projects Since 2013 (TM 2.1) 4 24 16 44 $6,020 $6,020
2.2 Develop Conceptual-Level Comparison of Planned PFIP Capital Improvement Costs Versus Actual Costs/Likely
Future Costs for Required Infrastructure 8 16 24 $3,800 $3,800 Subtotal Task 2 12 24 32 0 68 $9,820 $0 $9,820
Task 3 – Policies and Operating Assumptions Report (POAR) (TM 7.0) Draft 8 16 24 $3,800 $2,500 $6,300
Final 8 16 24 $3,800 $3,800
Subtotal Task 3 16 0 32 0 48 $7,600 $2,500 $10,100
Task 4 – Develop Land-Use Forecast
4.1 Assess Potential Fee Zone Geography 8 8 $1,040 $4,000 $5,040
4.2 Inventory Approved and Proposed Development Projects 16 16 $2,080 $2,080
4.3 Prepare City-Wide Development Forecasts 16 16 $2,080 $2,080
4.4 Summarize Growth Forecast (TM 8.0) 8 8 16 $2,800 $2,800 Subtotal Task 4 8 40 8 0 56 $8,000 $4,000 $12,000
Task 5 – Develop Updated List of Capital Improvement Projects (TM 9.0) Water 12 24 8 44 $6,740 $6,740
Wastewater 8 16 8 32 $4,800 $4,800
Drainage 8 24 8 40 $5,840 $5,840
Transportation 8 40 8 56 $7,920 $7,920
Subtotal Task 5 36 104 0 32 172 $25,300 $0 $25,300
Task 6 – Prepare Financing Plan
6.1 Define Financing Parameters 8 8 16 $2,800 $5,000 $7,800
6.2 Examine Existing Deficiencies (TM 10.0) 8 8 16 $2,800 $2,000 $4,800
6.3 Develop DUE Schedules 8 8 16 $2,800 $2,800
6.4 Prepare Burden Analysis (TM 11.0) 8 8 16 $2,800 $8,000 $10,800
6.5 Prepare Forecast of Impact Fees 8 8 16 $2,800 $5,000 $7,800
6.6 Prepare Finance Plan Report (TM 12.0) 8 8 16 $2,800 $8,000 $10,800 Subtotal Task 6 48 0 48 0 96 $16,800 $28,000 $44,800
Task 7 – Prepare Interim PFIP Report
Admin Draft 12 24 36 $5,700 $8,000 $13,700
Draft 8 16 24 $3,800 $5,000 $8,800
Final 8 16 24 $3,800 $2,000 $5,800
Subtotal Task 7 28 0 56 0 84 $13,300 $15,000 $28,300
TOTAL 224 184 216 32 656 $105,000 $56,000 $161,000
Task
Dewberry
CITY OF MANTECA
PUBLIC FACILITIES IMPLEMENTATION PLAN - INTERIM FEE
Estimated Labor Hours and Fee Estimate
April 2022
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SCHEDULE OF ACTIVITIES
Task 1 – Project Management
Task 2 – Summarize Current Status of PFIP Funds
Task 3 – Policies and Operating Assumptions Report
Task 4 – Develop Land-Use Forecast
Task 5 – Develop Updated List of Capital Improvement Projects Task 6 – Prepare Financial Plan
Task 7 – Prepare Interim PFIP Report
All Public Facilities Implementation Plan – Interim Fee tasks shall be completed no later than June 30, 2023.
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INSURANCE REQUIREMENTS
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EXHIBIT 1
Insurance Requirements for Professional Services
INSURANCE REQUIREMENTS
Consultants 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 the Consultant, his agents, representatives, employees or subcontractors.
Minimum Limits of Insurance: Coverage shall be at least as broad as:
Commercial General Liability
Commercial General Liability Insurance with $2,000,000 minimum limit per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Commercial General Liability Additional Insured Endorsement naming the following as insured on 2001 or earlier issued endorsement forms:
“City of Manteca, its officers, officials, employees, agents, and volunteers”.
Automobile Liability
If the vehicles are brought onto city facilities, covering any auto, or of Contractor has no owned autos, hired, and non-owned autos, the Contractor shall maintain automobile liability with limits no less than:
Automobile Liability Insurance with $1,000,000 minimum limit per accident for bodily injury and property damage.
Automobile Liability Additional Insured Endorsement naming the following as additional insured:
“City of Manteca, its officers, officials, employees, agents, and volunteers”.
Worker’s Compensation
As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
Professional Liability (Errors and Omissions)
Insurance appropriates to the Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate
Other Insurance Provisions:
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Manteca, its officers, officials, employees, agents and volunteers are to be covered as insured’s as respect to: liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance at least as broad as CG 20 10 and CG 20 37 if completed operations coverage is required.
2. For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers, shall be excess of the Consultant’s insurance and shall not contribute with it.
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3. The applicant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City of Manteca.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Entity before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City of Manteca reserves the right to require complete, certified copes of all required insurance policies, including endorsements required by these specifications, at any time.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Manteca
Waiver of Subrogation
Consultant hereby grants to The City of Manteca a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that The City of Manteca is an additional insured on insurance required from subcontractors.
SPECIAL RISKS OR CIRCUMSTANCES
The City of Manteca reserves the right to modify these requirements based on the nature of the risk, prior events, insurance coverage, or other special circumstances.
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