Agenda packet, regular meeting — Orinda City Council, July 2, 2024

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In Person:

Orinda Library Auditorium
26 Orinda Way
Orinda, CA 94563
(925) 351-6676

CITY COUNCIL
AGENDA
Tuesday, July 2, 2024
7:00 PM - REGULAR MEETING

AMENDED
City Council
Agenda Page 1 07.02.24
How to follow and/or participate in the meeting:

IN PERSON SPEAKER CARDS: If you would like to speak during the public forum or on an item listed on the agenda, you are invited to submit a speaker card to the City Clerk. You will be permitted to speak even if you elect not to submit a speaker card or decline to provide information requested on the card. After the City Council has heard from everyone who submitted speaker cards, anyone electing not to submit a speaker card may form a line at the lectern. Public comment is generally limited to 3 minutes per speaker per agenda item.

WRITTEN COMMENTS: You may also submit a public comment in advance of the meeting by following instructions below:

Deliver to City Hall at 22 Orinda Way or send an e-mail to [email protected] by 3pm on the day of the meeting. Those comments will be forwarded to the City Council. They will also be made a part of the public record and be available to view in the public review binder at Orinda City Hall, 22 Orinda Way. In addition, they will be available electronically by 5pm on the day of the meeting by selecting the date of the meeting in this Box account link:
https://tinyurl.com/Orinda-Public-Comments
REMOTE COMMENTS: Remote Public Comments have been discontinued for the foreseeable future.
7:00 PM - REGULAR SESSION
A. CALL TO ORDER / ROLL CALL
Councilmembers: Brandyn Iverson, Inga Miller, Janet Riley Vice Mayor Latika Malkani, Mayor Darlene Gee
City Council
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B. PLEDGE OF ALLEGIANCE
C. ADOPTION OF AGENDA
The City Council may take action on any item listed on the agenda.

D. ITEMS FOR THE GOOD OF THE CITY
D.1. Proclamation Designating July 2024 as Park and Recreation Month in the City of Orinda
D.2. Orinda Historical Society Annual Report
D.3. California Consulting - Grant Update
E. PUBLIC FORUM
The public forum provides an opportunity for members of the public to speak on any item within the jurisdiction of the City Council that is not on the agenda.

Additionally, a speaker has the option of addressing the Council on an item listed on the agenda, if the speaker will not be present when that agenda item is taken up. When an item is not listed on the agenda, State law prohibits Council discussion or action. Councilmembers may only “briefly respond” to statements made and questions posed. For example, State law allows Councilmembers to ask questions for clarification and provide a reference to staff or other resources for factual information. Additionally, consistent with the “Matters Initiated” rule contained in its Policies and Procedures Manual, the Council may also direct staff to report back and/or place a matter on a future agenda for discussion.

F. CONSENT CALENDAR
F.1. Adoption of Appropriation Limit For Fiscal Year 2024-25 Recommendation:

Adopt Resolution 33-24 establishing the Annual Appropriations Limit for Fiscal Year 2024-25.

F.2. Council Infrastructure Committee Updated Initial Work Program dated June 25, 2024
Recommendation:

Receive Infrastructure Committee Updated Initial Work Program reflecting City Council feedback from June 16, 2024
F.3. Award of a Construction Management Services Contract to Alpha CM for the San Pablo Creek Culvert Repair Project (Project No 4187) and Appropriate Additional Funding from Measure R Fund 106
Recommendation:

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Staff recommends that the City Council (1) award a Construction Management Services Contract in the amount of $266,737 to Alpha CM for the San Pablo Creek Culvert Repair Project (Project No 4187) and authorize contract expenditure up to $328,677 to allow for optional Saturday inspection and materials testing; and (2) approve Budget Adjustment Form 001-25 to appropriate necessary additional funding in the amount of $138,677 from Measure R funding (Fund 106).

G. PUBLIC HEARING
H. POLICY MATTERS
H.1. Townsend Public Affairs Legislative Advocacy Services Professional Services Agreement
Recommendation:

Approve a Professional Services Agreement with Townsend Public Affairs for Legislative Advocacy Services for FY 2024-25 in an amount not to exceed $60,000 as recommended by the City Council Legislative Advocacy Services Ad Hoc
H.2. Consideration of Options for Completion of Crossroads Mini Park (CIP project #4103)
Recommendation:

Receive Report, Discuss, and Provide Direction, if any.

I. COUNCILMEMBERS' REPORTS
J. CITY MANAGER'S REPORT
K. MATTERS INITIATED
L. CLOSED SESSION

1. OPEN SESSION IDENTIFICATION of Closed Session Matters

2. PUBLIC COMMENTS of Closed Session Matters

3. CLOSED SESSION

4. REPORT OUT OF CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. Pursuant to Government Code Section 54956.9(d)(1), conference with Legal Counsel regarding existing litigation: ORINDANS FOR SAFE EMERGENCY EVACUATION v. City of Orinda, Contra Costa County Superior Court Case No.

N23-0579.
b. CONFERENCE WITH LEGAL COUNSEL
Pursuant to Government Code Section 54956.9(d)(3), conference with legal counsel regarding whether, based on existing facts and circumstances, there is significant exposure to litigation by one or more owners of property on portions of City Council
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Barbara Road and/or Oak Road within the Oaks Spring Subdivision (Unit No. 3) who are seeking City acceptance of certain private street segments based on their having been improved and financed via the Assessment District No. 94-1 (Oak Springs Area). If the Council decides that closed session is authorized pursuant to Government Code Section 54956.9(d)(2), it would proceed to confer with legal counsel regarding that potential litigation. c. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8). Property: an existing private easement burdening a portion of the Orinda Oaks Park property in the City of Orinda. This easement was recorded on January 30, 1985 in the official records of Contra Costa County at book 12164 page 650-651. City Negotiator: David Biggs, City Manager. Negotiating Parties: City of Orinda & the owners of four of the private residential properties benefitted by the easement: Stacy Crinks, Gregory & Susan Portmann, Christine(Dong Woon) Lee & Eun Young Jang, and John & Juliane Rossiter. Property addresses: 75, 79, 83 & 89 Donald Drive. Under negotiation: terms for possible amendment to the existing easement.

M. ADJOURNMENT
The next meeting of the Orinda City Council will be held on Tuesday, July 16, 2024 at 7:00 PM.

Please visit the City’s website at www.cityoforinda.org to view the City Council Calendar.

I, Sheri Marie Smith, City Clerk, declare under penalty of perjury under the laws of the State of California that this special meeting agenda has been posted at least 24 hours in advance at the Orinda City Hall, 22 Orinda Way and the Orinda Library, 26 Orinda Way.

Additional copies are available at the Orinda Library, 26 Orinda Way, and at the City’s website at www.cityoforinda.org. At least 24 hours in advance of the meeting, this agenda was also delivered to and received by each member of the City Council as well as each local newspaper, radio station and television station requesting written notice of special meetings.

I, Sheri Marie Smith, City Clerk, declare under penalty of perjury under the laws of the State of California that this regular meeting agenda has been posted at least 72 hours in advance at the Orinda City Hall, 22 Orinda Way and the Orinda Library, 26 Orinda Way. Additional copies are available at the Orinda Library, 26 Orinda Way, and at the City’s website at www.cityoforinda.org
~ Notices ~
There is a 90-day limit for the filing of a challenge in Court to certain City decisions that require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you file a challenge in Court, you may be limited by California law, including but not limited to Government Code §65009, to those issues raised in connection with the public hearing. The City Council may be requested to reconsider a decision if the request is made prior to the next City Council meeting. For information on the next City Council meeting, please call 925.253.4221 or visit the website at www.cityoforinda.org. Unless otherwise noted, City Council actions include a determination that the California Environmental Quality Act (CEQA) does not apply.

City Council
Agenda Page 5 07.02.24
~ Accessible Public Meetings ~
The City of Orinda will provide special assistance for disabled citizens to participate in public meetings upon advance notice. If you need auxiliary hearing aid or sign language assistance at least two (2) working days advanced notice is necessary. Please contact the City Clerk’s Office, 22 Orinda Way, Orinda, Ca 94563 or 925.253.4221 or [email protected] with the following information: name, mailing address, phone number and type of assistance requested.

PROCLAMATION
Designating July 2024 as Park and Recreation Month in the City of Orinda WHEREAS Parks and Recreation is an integral part of communities throughout this country, including Orinda; and
WHEREAS Parks and Recreation promotes health and wellness, improving the physical and mental health of people who live near parks; and WHEREAS Parks and Recreation promotes time spent in nature, which positively impacts mental health by increasing cognitive performance and well-being, and alleviating illnesses such as depression, attention deficit disorders, and Alzheimer’s; and
WHEREAS Parks and Recreation encourages physical activities by providing space for popular sports, hiking trails, swimming pools and many other activities designed to promote active lifestyles; and
WHEREAS Park and Recreation programming and education activities, such as out of-school time programming, youth sports and environmental education, are critical to childhood development; and
WHEREAS Parks and Recreation increases a community’s economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and WHEREAS Parks and Recreation is fundamental to the environmental well-being of our community; and
WHEREAS our Parks and natural Recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and
WHEREAS the U.S. House of Representatives has designated July as Parks and Recreation Month; and
WHEREAS Orinda California recognizes the benefits derived from Parks and Recreation resources.

NOW THEREFORE, BE IT RESOLVED BY THE CITY OF ORINDA that July is recognized as Park and Recreation Month in Orinda, California.

Dated this 2nd day of July, 2024
Darlene K. Gee, Orinda Mayor
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Communication: Proclamation Designating July 2024 as Park and Recreation Month in the City of Orinda (ITEMS FOR THE GOOD OF THE CITY) A report from ohs president Alison burns regarding the MAY 2023/MAY 2024 activities of the Orinda Historical Society (OHS), which operates in a room (“the Museum”) leased to OHS as part of the Orinda Library

OUTREACH
OHS hosted its first Open Evening on December 1, 2023. It was a highly successful event, with refreshments and home-cooked goods, and non-stop guitar music and singing supplied by Patrick and Luke Burns. Our thanks go to the Council Members and Staff who joined us, and to the City Maintenance crew, under Steve Ehrhardt, who helped us get the Museum ready by moving furniture and power-washing the exterior floor.

I continue to do my best to raise OHS awareness by giving presentations to various organizations. One such was to around 100 members of S.I.R. (Sons in Retirement) on February 14, when I spoke about my Arcadia Orinda history book.

SCHOOLS
Having ceased our schools program while reorganizing OHS, we are still not totally back to our pre-Covid level of educational visits — one problem being that our Schools Co-ordinator, Laurie Smith, was unavailable for several months when her husband had to be isolated while going through a health issue (is now doing well). We have also made our behind-the-scenes catch-up work our highest priority in the Museum — making up for decades of neglect. Added to which, there just aren't enough of us. But we've recently recruited a new Board Member, Karen Holm, whose main task is to recruit and manage volunteers.

We had a very successful Sleepy Hollow Kindergarten session last May, which we plan to continue with other schools. And on May 23, this year, Laurie and I went to Glorietta Elementary where we gave a presentation to 89 third graders. Laurie also made around 100 cookies, all in the shape of an O, for Orinda.

Our two student volunteers, Miramonte Juniors Ethan and Ryan Lee, produced 90 work books which they distributed to all the students. The teachers were very pleased with these.

DOWNTOWN WALKING TOURS
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Communication: Orinda Historical Society Annual Report (ITEMS FOR THE GOOD OF THE CITY) On June 8 this year, Kay Norman, former OHS President and longtime Board Member, and I took a group of ten people from the PEO philanthropic women organization on a downtown walking tour, beginning at the Community Center (formerly the 1924 two-room school), and ending at the de Laveaga 19th century train station on Bryant Ave.

Visits to the landmarked train station dropped off while the Museum was closed, but now that we plan to open it to visitors more frequently, we're pleased to report that Todd Trimble has restored its monthly maintenance on the City cleaning rota.

After the downtown tour, we returned to the Museum, and gave our guests a proper "English tea". I would like to thank Facilities Manager Steve Ehrhardt and Parks & Recs Director Todd Trimble for helping us clear out the disorder in the May Room. We're sure that our joint efforts will encourage other Orinda organizations to use the room more frequently.

I realize that Items 7 & 8 of our lease don't extend to our monthly use of this room but I would like to request that nothing is left on the floor for occupiers to trip on: there is a tendency for the May Room to act as a dumping ground, and visitors (sometimes with walking sticks or even a walking frame) have to navigate their way across the room. Again, we thank Todd Trimble for being aware of this potential hazard and his offer to take appropriate action.

ORINDA MOTORS' PLAQUE
Two years ago, Bill Waterman, leader of the Orinda Historic Landmarks Committee, asked us to produce a plaque for the exterior of Orinda Motors. We managed to get a $1000 grant from the Orinda Community Fund (OCF) and found Orinda resident, Scott Cuyler, Creative Principal and Co-Founder of Square Peg, who was kind enough to design this for us, pro bono. We have recently taken possession of the plaque and will be organizing a small ceremony when it will be installed on the exterior of Orinda Motors in celebration of the garage's centenary.

DISPLAY WINDOWS
Item 26 of our lease states that "the display window exhibit will be changed at least semi-annually". We are pleased to say that our windows always reflect current seasons and events, for which we get a huge number of compliments. Examples include Easter, Memorial Day, Christmas, July 4, Graduation, Hallowe'en, the Wagner Ranch Nature Area, Back to School, Veterans' Day, St. Valentine's Day, and the Orinda Classic Car Show. Our window dressers include Nancy Royster, Teresa Long, Susie Burns, Kay Norman and Alison Burns. We are also D.2
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Communication: Orinda Historical Society Annual Report (ITEMS FOR THE GOOD OF THE CITY) planning an exhibit to celebrate the opening of Cal Shakes this September and thank Councillor Janet Riley, our OHS Council Liaison, for introducing us to Executive Director Clive Worsley.

GRANTS
In addition to the OCF grant for the Orinda Motors Plaque, we have also received funds from the Orinda Woman's Club (OWC) which has enabled us to buy two new signs to put outside the Museum during opening hours, as well as a grant for software. We have also succeeded in getting grants from Sacramento-based company, California Revealed.

Our Recording Secretary, Vivian Ricci, and Archivist, Teresa Long, have also completely updated the way we deal with Accessions. One such valuable item is the hand-made flag from Orinda's first boy scout troop, from 1937, donated to OHS earlier this year by former resident and Miramonte graduate, Roger Rosenthal.

We continue our work with California Revealed to preserve Orinda’s history as part of their Digitization and Preservation Assistance program. This work is totally funded by a grant that Teresa Long, our Archivist, successfully applied for in 2022. This year we submitted additional volumes of the Orinda Sun newspapers (1960 to 1963) that were donated to OHS when the Orinda Sun ceased publication, and we will be submitting a third batch once the second set is returned. We believe this is the only collection of these local newspapers in existence, and their digitization will ensure that they are not lost. We also expanded our work with California Revealed to include an additional grant for digitization and preservation of 41 audio and video tapes from our collection. These recordings consist of oral histories, interviews with notable Orindans, and other Orinda history related topics. Once digitization is complete, the original newspapers and recordings will be returned to us, and the materials will be available to the public through California Revealed and links on our OHS website.

We initiated a project to purchase a suitable museum collection management system to improve our record-keeping and tracking of museum objects and research items. After extensive research we selected CatalogIt and were able to purchase it thanks to a grant received from OWC. We are currently in the process of implementing the product, which will also allow us to expand our web presence and make more of our collection easily accessible to the public. Sincere thanks go to Vice-President Cheryl Cechvala, Archivist Teresa Long, and Recording Secretary Vivian Ricci who have all worked incredibly long hours to make this possible.

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Communication: Orinda Historical Society Annual Report (ITEMS FOR THE GOOD OF THE CITY)

ALISON BURNS
President, Orinda Historical Society
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Communication: Orinda Historical Society Annual Report (ITEMS FOR THE GOOD OF THE CITY) California Consulting and the City of Orinda
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Communication: California Consulting - Grant Update (ITEMS FOR THE GOOD OF THE Successes - From July 1, 2023, to June 30, 2024, CA Consulting established and nurtured robust relationships with City Staff, facilitating the successful submission of seven grant applications. These grants collectively amounted to $3,443,588 in potential funding. Among the submissions, two significant grants were dedicated to Fire Safe Moraga Orinda (FSMO), aimed at achieving the City's fire-safe defensible space objectives. These FSMO grants are instrumental in supporting the city's efforts to enhance fire safety, ensuring that residential and commercial areas are well-prepared to prevent and mitigate fire risks. - The strong collaboration between CA Consulting and City Staff was crucial in identifying the appropriate funding opportunities and aligning the grant proposals with the city's strategic goals. This partnership not only optimized the grant submission process but also increased the likelihood of securing the necessary funds to implement critical projects within the community.
- The other five grants targeted various initiatives, addressing key areas such as infrastructure improvement, community development/engagement, environmental sustainability, and public safety enhancement. - In summary, CA Consulting's proactive engagement with City Staff and the strategic submission of these grant applications reflect a dedicated effort to secure essential funding for the betterment of the community, including enhancing fire safety through the FSMO initiatives.

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Communication: California Consulting - Grant Update (ITEMS FOR THE GOOD OF THE Grants Awarded
Metropolitan Transportation Commission (MTC)
Date Awarded: 11/1/23
Amount: $40,000
Purpose. City received funding for technical assistance to help in the preparation of an Active Transportation Program (ATP) application for Wilder/Downtown Class 1 Multi-use Path Development. Note: This led to the submission of a Planning Grant (listed below) to CalTrans as part of their Sustainable Transportation Program.

MTC Priority Sites
Date Awarded: 11/15/2023
Purpose: 3 sites -- St. Mark’s Church, St. John’s Orthodox Church, and 2 BART station parking lots – were designated for Technical Assistance to potentially develop these lots into affordable housing.

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Communication: California Consulting - Grant Update (ITEMS FOR THE GOOD OF THE Grants Pending
CalFire: Wildfire Prevention Grant
Submitted: January 10th
Expected Award Date: June 2024
Amount: $552,396
Purpose: This grant would employ goat grazing as a means of fire fuel reduction at Orinda Oaks Park.

CalTrans: Sustainable Transportation Grant
Submitted: January 18th
Expected Award Date: June 2024
Amount: $338,868
Purpose: This grant would help develop plans for a 10 foot wide bicycle and pedestrian path from the Wilder Subdivision to downtown Orinda.

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Communication: California Consulting - Grant Update (ITEMS FOR THE GOOD OF THE Grants Pending (For FSMO)
CalFire: Wildfire Prevention Grant
Submitted: January 10th
Expected Award Date: June 2024
Amount: $333,000
Purpose: The grant would also help FSMO to enact a program whereby groups of residents will receive services to remove vegetation on their property to ensure it is “fire safe.” D.3
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Communication: California Consulting - Grant Update (ITEMS FOR THE GOOD OF THE Grants Declined
California Strategic Growth Council, Community Resilience Centers Grant Amount: $1,129,324
Purpose: This was a Development Grant to cover the cost of certain infrastructure improvements and chart a plan for further improvements to the Orinda Community Center.

Forest Service, U.S. Department of Agriculture (for FSMO) Amount: $1,050,000
Purpose: The grant was to help FSMO to enact a program whereby groups of residents will receive services to remove vegetation on their property to ensure it is “fire safe.” D.3
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Communication: California Consulting - Grant Update (ITEMS FOR THE GOOD OF THE Challenges
● Orinda is characterized by a high per capita income level ● Orinda's affluence makes it less competitive in the grant application process. ● The city's high per capita income level often disqualifies it from grants aimed at economically disadvantaged areas.

Strategic Approach to Challenges:
● Targeted Grant Applications:
○ Focus on grants emphasizing innovation, environmental sustainability, or public safety improvements. ○ Highlight Orinda's unique needs and strengths in grant proposals. ● Collaborative Efforts:
○ Form partnerships with neighboring communities or regional entities. ○ Present collaborative projects that address broader regional needs while benefiting Orinda.

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Communication: California Consulting - Grant Update (ITEMS FOR THE GOOD OF THE Upcoming Prospects
Select potential prospects for the year ahead include:
• Building Resilient Infrastructure and Communities (BRIC) (scheduled to be released in July). This grant creates more reliable/resilient infrastructure in the face of climate change. • Cybersecurity (scheduled to be released in July). This grant would support hardening the City’s digital infrastructure against ransomware and other cyber-vulnerabilities.
• CalTrans: Sustainable Transportation Grant. This grant would support regional transportation deficiencies on the State highway system in partnership with Caltrans.
• Governor's Office of Planning and Research (OPR): Extreme Heat and Community Resilience Program (EHCRP) The Extreme Heat and Community Resilience Program (EHCRP) will fund a wide range of planning and implementation projects related to enhanced community resilience in order to mitigate the impacts of extreme heat or the urban heat island effect.

Many park-improvement grants will be released in 2025 including:
• California Department of Parks and Recreation: Land and Water Conservation Fund (LWCF). This grant will support the development of outdoor recreation features.
• California Department of Parks and Recreation: Recreational Trails Program. This grant will support the non-motorized RTP funds recreation trail projects for pedestrians, bicyclists, and equestrians.

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Communication: California Consulting - Grant Update (ITEMS FOR THE GOOD OF THE Goals for Upcoming Year
● Grant Opportunities:
○ Explore new and existing grant opportunities tailored to the city's needs. ○ Identify potential funding sources for various city projects, including infrastructure, public safety, environmental sustainability, and community development. ● Strategic Partnerships:
○ Develop and strengthen partnerships with neighboring communities, regional entities, and private organizations.
○ Collaborate on joint projects that can enhance grant eligibility and impact. ● Innovation and Sustainability:
○ Focus on innovative projects that can position Orinda as a leader in sustainability and technological advancement.
○ Pursue grants that support green initiatives and smart city projects.

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Communication: California Consulting - Grant Update (ITEMS FOR THE GOOD OF THE Conclusion
● Despite the challenges, a strategic and collaborative approach can enhance Orinda's competitiveness in securing grant funding.
● By diversifying grant types and aligning applications with funders' priorities, Orinda can secure essential funding for its continued growth and improvement.

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Communication: California Consulting - Grant Update (ITEMS FOR THE GOOD OF THE City Council
Staff Report
Agenda Item: F.1
Date: July 2, 2024
Department: Finance
AGENDA TITLE: Adoption of Appropriation Limit For Fiscal Year 2024-25 RECOMMENDATION:

Adopt Resolution 33-24 establishing the Annual Appropriations Limit for Fiscal Year 2024-25.

BACKGROUND:

California voters approved propositions, amending the State Constitution, which require that the annual City budget include a calculation of the Appropriations Limit, sometimes referred to as the Gann Limit. This requirement was imposed by Proposition 4 (1979) and later amended by Proposition 111 (1990). The legislation imposes a restriction on the amount of government revenue which may be appropriated in any fiscal year.

Since the City of Orinda was formed after the adoption of a requirement for an Appropriations Limit, the City’s initial appropriations limit was established by the Contra Costa County Board of Supervisors. This was included on the ballot for the incorporation vote. Under State law the limit can be increased each year based on a specific formula and specified growth factors. The Appropriations Limit does not apply to all funds. It only applies to “proceeds of taxes” as will be explained below.

Each year as part of the Budget process, an adjustment factor is calculated and applied to the prior year’s limit. The law also requires that the City Council adopts the adjusted limit by resolution at a public meeting. The calculation must be made available for review 15 days prior to adoption. The City Council may also adopt adjustments and / or corrections to previously adopted limits if necessary.

DISCUSSION:

Each year the Appropriations Limit (Limit) is adjusted as the Annual Budget is reviewed and estimates are made for the Appropriation of funds. The adjustment to the Limit is calculated by multiplying the adopted Limit from the previous year, by factors reflecting economic changes. The laws regulating the application of the Limit forbid an agency from appropriating specific funds that would exceed the Limit. The restriction applies to appropriating monies categorized as "Proceeds of Taxes" (such as property taxes, sales taxes, etc.). The adjusted Limit then carries forward to the next year.

In order to maximize the limit, the factor that provides the greatest amount of growth is selected each year. The two sets of optional factors are:
a) The change in population – selecting between the annual change for the City of Orinda; or for Contra Costa County; and
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b) The change in the State per capita Personal Income; or the percentage change in the assessed valuation caused by Orinda Non-Residential Building Construction.

For the second factor the City has used the change in the State per capita income which is published on an annual basis. Since the City’s assessed valuation is mostly residential, and no notable non-residential growth occurred in the past year, it is unlikely that the non-residential growth would exceed the income factor. In the event there is significant non-residential development in any year, this factor would be analyzed further.

Fiscal Year 2024-2025 Adjustment
The factors selected and incorporated into Attachment A (Resolution 37-23 Establishing the 2023-2024 Appropriations Limit), are:
a) The growth in population for Contra Costa County
Factor (a) Population
1/1/2023
Population
1/1/2024 % Increase
b. Contra Costa County 1,145,274 1,146,626 0.12%
b) The change in State Per Capita Personal Income
Factor (b) % Increase
a. Change in State Per Capita Personal Income 3.62%
The per capita personal income and population information are provided by the State of California Department of Finance each year and can be found at the following address:
https://dof.ca.gov/wp-content/uploads/sites/352/2024/04/PriceandPopulation2024.pdf Calculation:

Appropriation Limit Calculation FY 2024-2025
Factors Calculation
Population Change Contra Costa County 0.12% 1.0012
State Per Capita Personal Income 3.62% 1.0362
Calculation of Factor for FY 2024-25 1.037443 1.0012 x 1.0362 Prior Year Appropriation Limit (FY 2023-24) $25,954,701 Appropriation Limit FY 2024-25 $26,926,523 $25,954,701 x 1.037443 On June 20, 2023, the City Council adopted the FY 2023-24 Appropriations Limit of $25,954,701 (Resolution No. 37-23). The new Limit is $26,926,523 for the fiscal year 2024-25 (FY 2024-25 Limit), an increase of $971,822 compared to the Limit for the prior fiscal year. Based on the updated Budget for FY 2024-25, the amount deemed to be subject to limitation (Proceeds of Taxes) totaled $19,148,709, which is $7.8 million (or

28.9%) under the Limit.

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As part of the annual Financial Audit the independent Auditors prepare “Agreed upon Procedures” reports to validate the computation of the Limit.

FISCAL IMPACT:

Adoption of the Limit will ensure the City appropriations are in compliance with State requirements and that the Limit adjusts by the allowed amount. In Fiscal Year 2024-25 the City remains 28.9% below the limit which restricts appropriations of taxes.

ATTACHMENTS:

A. Resolution 33-24 Adopting FY 2024-25 Appropriations Limit Respectfully Submitted by:

Doug Alessio
Administrative Services Director
Prepared By: Bhavna Chaudhary,
Approved by:

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BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of:

Establishing the Annual )
Appropriations Limit for ) Resolution No. 33-24
Fiscal Year 2024-2025 )
WHEREAS, the establishment of an Appropriations Limit was imposed in 1979 by adoption of Proposition 4 by the voters Statewide, and amended in 1990 by the adoption by the voters of Proposition 111; and
WHEREAS, Article XIIIB of the State Constitution requires that appropriations from the proceeds of taxes cannot exceed an annual appropriations limitation; and WHEREAS, the initial base appropriations limit for the City of Orinda was established in Fiscal Year 1985-1986 as incorporated into the ballot measure approving incorporation for the City; and
WHEREAS, Article XIIIB establishes the methodology for annually adjusting this appropriations limitation; and
WHEREAS, the methodology provides that the prior year’s appropriation limitation may be adjusted by the greater of either the annual change in the local non-residential new construction or in the California per capita personal income multiplied by the greater of the annual change in County population or in the City population; and WHEREAS, for Fiscal Year 2024-25 the City has selected the “Growth in the Contra Costa County Population” and “Growth in State Per Capita Income” as outlined in the schedule attached hereto and made part hereof; and
WHEREAS, the Fiscal Year 2024-25 base limit to which the adjustment is applied shall be use the 2023-24 (Prior Year) Appropriations Limit of $25,954,701, as adopted by the City Council on June 20, 2023 (Resolution No. 37-23).

NOW, THEREFORE, BE IT RESOLVED, that the appropriations limitation for the City of Orinda for Fiscal Year 2024-25 is established at $26,926,523, as attached.

Adopted by the City Council of the City of Orinda on June 20, 2023, by the following vote:

AYES: COUNCILMEMBERS: Gee, Iverson, Malkani, Miller, Riley NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None

______________________
Darlene Gee, Mayor
ATTEST:

Sheri Marie Smith, City Clerk
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Attachment: Resolution 33-24 Adopting FY 2024-25 Appropriations Limit (3381 : Adoption of Appropriation Limit For Fiscal Year 2024-25)

SCHEDULE OF ANNUAL APPROPRIATIONS LIMIT
CALCULATION FOR FISCAL YEAR 2024-2025
FACTORS: 1) Change in the cost of living, and 2) Change in population

SELECTION OF OPTIONAL FACTORS

1. Change in Population (City of Orinda vs. Contra Costa County) as estimated by the California Department of Finance. The City selects the change in Contra Costa County population.

2. Change in State per capita Personal Income vs. Orinda Non-Residential Building Construction. The City selects the change in per capita personal income. * Change in non-residential assessed valuation was not available and given that the majority of the assessed valuation in Orinda is designated as residential this factor would be expected to be lower than the Change in Per Capita Income.

Appropriation Limit Calculation FY 2024-2025
The FY 2024-25 Appropriations subject to the limit (“Proceeds of Taxes”) is $19,065,956.

This total is based on the requirements of the Appropriations Limit which requires the assignment of all appropriated revenue to either a Proceeds from Taxes (i.e. Property Tax, Sales tax, etc.) or assigns the appropriation to a Non-Proceeds of Taxes (i.e. Fees and charges, grants, etc.).

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Attachment: Resolution 33-24 Adopting FY 2024-25 Appropriations Limit (3381 : Adoption of Appropriation Limit For Fiscal Year 2024-25) City Council
Staff Report
Agenda Item: F.2
Date: July 2, 2024
Department: Administration
AGENDA TITLE: Council Infrastructure Committee Updated Initial Work Program dated June 25, 2024
RECOMMENDATION:

Receive Infrastructure Committee Updated Initial Work Program reflecting City Council feedback from June 16, 2024
BACKGROUND: On June 16, 2024, the City Council reviewed and commented on the Infrastructure Committee Initial work Program and that review resulted in changes being requested with the Council approving it in concept. It was requested that the Infrastructure Committee make the requested updates at their June 25, 2024, meeting taking the input provided into consideration. The updated Initial Work Program was to return to the City Council as an informational item.

On June 25, 2024, the Infrastructure Committee undertook that requested refinement and the resulting updated Initial Work Program as approved by Infrastructure Committee is attached.

NEXT STEPS: The Infrastructure Committee will continue its work consistent with the updated Work Program and will bring back recommendations as appropriate and will provide regular updates to the City Council.

FISCAL IMPACT: None as a result of this item.

ATTACHMENTS:

A. Council Member Iverson’s Formatting & Suggestions
B. Infrastructure Committee Initial Work Program Update 06252024 Comm approved 06272024
C. Staff Report andattachments from June 16, 2024
Respectfully Submitted by:

David Biggs
City Manager
Prepared By: Sheri Smith, City Clerk
Approved by:

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Attachment: Council Member Iverson’s Formatting & Suggestions (3393 : Council Infrastructure City of Orinda
Council Infrastructure Committee
Initial Work Program Outline
Updated - June 25, 2024
Introduction:

On February 6, 2024, in response to a Matters Initiated by Mayor Gee, the City Council approved the formation of an ad hoc City Council committee to address infrastructure matters related to roads and storm drains. The Council Members appointed were Mayor Gee and Vice Mayor Malkani. The approval included a request for the Infrastructure Committee to return to the City Council with a work program.

The Infrastructure Committee held an initial meeting on April 17, 2024, and a copy of the agenda for that meeting is attached. That meeting was well attended by many Orinda residents, and primarily served as a listening session to inform the Committee of the residents’ issues and concerns. The second meeting was held on June 4, 2024, and the main topic of discussion was an Initial Work Program. Presented here is an updated outline of the Initial Work Program as proposed by the Infrastructure Committee and as modified based on a City Council discussion and review conducted on June 18, 2023.

Two primary tracks are listed below with these two areas being iterative. The task results will inform the choice set, and the possible alternatives will inform what tasks are pursued. The order in which items are listed does not denote priority.

Background & Education – Explore constraints, existing resources, and current rules/regs to develop a list of possible solutions. Review and discuss:

Updated roads map
Longer-term funding and financial resources
Resolution 59-18 private road acceptance policy
Lay of the land (stormwater law, drainage, owner responsibilities/liabilities, changes in law) Deliverable: Range of possible alternatives with some sense of which ones, if any, seem worth pursuing.

Tasks - Develop timelines and costs for tasks
Assess private roads via PTAP and Streetsaver
Map the entire city storm drain system, public and private Homeowner Guide Update
Needs Assessment opinion survey of private road homeowners Explore Ideas to Assist Private Road Neighborhoods
Develop and Discuss Possible Options and Tools Balancing Needs Between Public and Private Roads Create a formal knowledge base for all stakeholders with well-organized, summary information to reduce confusion and/or future need for a task force.

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Attachment: Infrastructure Committee Initial Work Program Update 06252024 Comm approved 06272024 (3393 : Council Infrastructure City Council
Staff Report
Agenda Item: H.2
Date: June 18, 2024
Department: Administration
AGENDA TITLE: Council Infrastructure Committee Initial Work Program RECOMMENDATION:

Receive Infrastructure Committee Report on Initial Work Program, Discuss, and Provide Direction, if any.

BACKGROUND: Upon establishing the Council’s Infrastructure Committee, the full Council requested that an initial work program be presented to the Council early in the Infrastructure Committee’s work. The Infrastructure Committee has met twice, with the attached Initial Work Program being a result of the second meeting. It is being provided to the full Council in advance of the next scheduled Infrastructure Committee meeting which is June 25, 2024.

NEXT STEPS: As the Infrastructure Committee proceeds with its efforts and the tasks in the Initial Work Program, this will inform a series of possible requested actions and recommendations which would require City Council review and action. Those will come back to the City Council as needed.

FISCAL IMPACT: None because of this item. As noted above, there may be costs with certain tasks yet to be defined. The current fiscal impact relates to time to staff and assist the Infrastructure Committee in its work.

ATTACHMENTS:

A. Infrastructure Committee Initial Work Program
Respectfully Submitted by:

David Biggs
City Manager
Prepared By: Sheri Smith, City Clerk
Approved by:

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Attachment: Staff Report andattachments from June 16, 2024 (3393 : Council Infrastructure Committee Updated Initial Work Program dated H.2
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Attachment: Staff Report andattachments from June 16, 2024 (3393 : Council Infrastructure Committee Updated Initial Work Program dated City of Orinda
Council Infrastructure Committee
Initial Work Program Outline
June 4, 2024
Introduction:

The Infrastructure Committee held an initial meeting on April 17, 2024, and a copy of the agenda for that meeting is attached. That meeting was well attended by many Orinda residents, and primarily served as a listening session to inform the Committee of the residents’ issues and concerns. The second meeting was held on June 4, 2024, and the main topic of discussion was an Initial Work Program. Presented here is an outline of the Initial Work Program as proposed by the Infrastructure Committee.

It should be noted that as the work of Committee progresses and various tasks are completed and additional input and information received, the work program will evolve and the timing of items for consideration may be modified.

Tier 1 Tasks
• Review of Updated Roads Map
• Review of Longer-Term Funding and Financial Resources • Assess Private Roads via a PTAP and Streetsaver
• Mapping the Public & Private Stormdrain System
• Update of Homeowners Guide
• Consideration of a Needs Assessment Opinion Survey of Private Road Homeowners • Exploration of Ideas to Assist Private Road Neighborhoods • Develop Timelines and Costs for Tasks
Tier 2 Tasks
• Review of Private Road Acceptance Policy Resolution 59-18 • Review of Legal Lay of Land – Stormwater
• Assess Information from Tier 1 Tasks Data Gathering
H.2.a
Packet Pg. 185 Attachment: Infrastructure Committee Initial Work Program (3385 : Council Infrastructure Committee Initial Work Program) F.2.c
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Attachment: Staff Report andattachments from June 16, 2024 (3393 : Council Infrastructure Committee Updated Initial Work Program dated • Develop and Discuss Possible Options and Tools Balancing Needs Between Public and Private Roads
Tier 3 Tasks
• Formalize Recommendations for Council Consideration including timelines and costs H.2.a
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Attachment: Staff Report andattachments from June 16, 2024 (3393 : Council Infrastructure Committee Updated Initial Work Program dated City Council
Staff Report
Agenda Item: F.3
Date: July 2, 2024
Department:

Public Works and
Engineering Services
AGENDA TITLE: Award of a Construction Management Services Contract to Alpha CM for the San Pablo Creek Culvert Repair Project (Project No 4187) and Appropriate Additional Funding from Measure R Fund 106
RECOMMENDATION:

Staff recommends that the City Council (1) award a Construction Management Services Contract in the amount of $266,737 to Alpha CM for the San Pablo Creek Culvert Repair Project (Project No 4187) and authorize contract expenditure up to $328,677 to allow for optional Saturday inspection and materials testing; and (2) approve Budget Adjustment Form 001-25 to appropriate necessary additional funding in the amount of $138,677 from Measure R funding (Fund 106).

BACKGROUND:

At their April 30, 2024 meeting, City Council awarded a construction contract to Bugler Construction, Inc. for the San Pablo Creek Culvert Repair Project (Project No 4187), for $1,986,400 plus a 15% contingency. The City needs to retain the services of an engineering consultant to provide construction management services for said project. A Request for Proposals for construction management services was sent out on April 25, 2024. Proposals were due May 16, 2024 and Staff received 3 proposals.

DISCUSSION:

California law requires that selection by a local public agency of private architectural, engineering, environmental, land surveying, or construction project management services shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. Local agencies shall not review or negotiate a cost proposal until after the final qualification determination has been made. The contract shall be negotiated with a qualified firm, at a price determined to be fair and reasonable to the local agency.

Three firms submitted proposals: Alpha CM, Anchor CM, and Bureau Veritas. Staff reviewed and determined that the proposal from Alpha CM is the best qualified firm for this project and have all the elements necessary to assure that the project will be constructed per the plans, specifications and at the estimated bid price for the project.

After this determination, Staff then reviewed Alpha CM’s estimated costs and negotiated the contract amounts. The base contract amount is recommended to be $266,737, with provisions to authorize contract expenditures up to $328,677 to allow for optional Saturday inspection and materials testing.

NEXT STEPS:

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Upon award of the construction management contract by the City Council, the contract will be routed for signatures and the required insurance documents will be reviewed.

Subject to review by the city attorney, contract will be executed by the city manager.

FISCAL IMPACT:

Staff is recommending that the City enter into a Construction Management contract with Alpha CM based on their project understanding, qualifications and past experience on similar projects. This is considered a “time and materials” contract which will be billed for actual work performed on a monthly basis. The base contract amount is recommended to be $266,737, with provisions to authorize additional expenditures of $61,940 for a total contract amount not to exceed $328,677.

A total of $190,000 was budgeted and is available for the construction management for the San Pablo Creek Culvert Repair Project (Project No 4187) as identified in the current FY 2023/24 – 2028/29 Capital Improvement Plan. In order to construct the full scope of the project, it is necessary to approve Budget Adjustment Form 001-25 (attachment C) in order to appropriate an additional $138,677 from Fund 106 (Measure R). (Note: in the mid-cycle budget update approved by City Council on 6-18-24, $1,407,000 funding for this project from Fund 106 was removed from the budget based on the construction contract that was awarded for an amount significantly less than the budgeted amount. The subject CM contract was not negotiated until after the mid-cycle update, and therefore we now need to appropriate $138,677 as noted above.) ATTACHMENTS:

A. Attachment A: Alpha CM - CMServices Proposal for San Pablo Creek Culvert Repair Project
B. Attachment B: Alpha CM Fee_San pablo Creek Culvert CM r3 2024-06-24 C. Budget Change Form #001-25 San Pablo Culvert Repair Proj 4187 Respectfully Submitted by:

Scott Christie
Public Works Director
Prepared By: Ryan Okane,
Approved by:

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City Project No. 4187

PROPOSAL
City of Orinda
Construction Management Services
for San Pablo Creek Culvert Repair Project
May 16, 2024 F.3.a
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Attachment: Attachment A: Alpha CM - CMServices Proposal for San Pablo Creek Culvert Repair Project (3392 : Award CM Services to Alpha

CITY OF ORINDA
Construction Management Services Proposal
San Pablo Culvert Repair Project - City Project No. 4187 Section 1 - Cover Letter ................................................................................................................Page i Section 2 - Project Understanding.................................................................................................Page 1 Section 3 – Work Plan Approach and Schedule ............................................................................Page 2 3a. Scope of Work ....................................................................................................................Page 2 3b. Schedule ............................................................................................................................Page 7 Section 4 ..............................................Page 8 Section 5 ....................................................................................................................Page 11

TABLE OF CONTENTS
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Attachment: Attachment A: Alpha CM - CMServices Proposal for San Pablo Creek Culvert Repair Project (3392 : Award CM Services to Alpha Section 1
Cover Letter
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Attachment: Attachment A: Alpha CM - CMServices Proposal for San Pablo Creek Culvert Repair Project (3392 : Award CM Services to Alpha

CITY OF ORINDA
Construction Management Services Proposal
San Pablo Culvert Repair Project - City Project No. 4187 2223 Santa Clara Ave., Ste B8
Alameda, CA 94501
510.560.5557
www.alphacminc.com
May 16, 2024
Ryan O’Kane, PE, Senior Engineer
City of Orinda
22 Orinda Way
Orinda, CA 94563
RE: San Pablo Creek Culvert Repair
Construction Management Services Proposal
Dear Ryan:

Given that the construction contract has already been awarded to Bugler and the clock starts ticking in mid-May, it will be paramount that your construction nuances and challenges of this project and is ready to hit the ground running.

Getting out of the Creek by October 31 is paramount. Having to complete the project next season would add costs and not be in anyone’s interest. Establishing working relationships and management procedures immediately will be the key to ultimate job success.

Alpha CM
on this time sensitive experience. Our team brings experience from our previous Alpha
CM provides construction management and inspection services solely to Northern California cities, counties, and special districts with an emphasis on water related and environmental restoration projects. Established in 2021, we have already built a strong reputation for excellence.

We have worked with all of the pertinent permitting agencies such as the Regional Water Quality Control Board, California Department of Fish & Wildlife, and the US adjacent to the EBMUD water treatment plant. Our team has worked together for several years on major structural concrete projects including the Rubber Dams and Fishways Nos. 1 and 3 for the Alameda County Water District. exceptions to your contractual or insurance provisions.

Please contact me at (925) 407-5188 or [email protected] for anything and how we may be of service to the City of Orinda.

Regards,
Alpha CM, Inc.

Brian A. Danley, PE, QSD/P, LEED AP
Vice President
SECTION 1- COVER LETTER
Access to Access Areas F and G is at a narrow
spot on Orinda Way near signalized intersection.

Contractor must coordinate maintaining access
for trash removal vehicles at Access and Staging
Area A1 behind Village Square.

Access for Safeway delivery trucks must be
maintained around Access Area C. Temporary
parking lot controls will be required.

Keeping half of the driveway open Access Area
D (1 Camino Sobrante) will be challenging.

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Attachment: Attachment A: Alpha CM - CMServices Proposal for San Pablo Creek Culvert Repair Project (3392 : Award CM Services to Alpha Section
2 Project Understanding
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Attachment: Attachment A: Alpha CM - CMServices Proposal for San Pablo Creek Culvert Repair Project (3392 : Award CM Services to Alpha

CITY OF ORINDA
Construction Management Services Proposal
San Pablo Culvert Repair Project - City Project No. 4187 1 The City of Orinda plans to begin construction of the San Pablo Creek Culvert Repair Project in May 2024. The project was awarded to Bugler Construction on April 30, for $1,986,400. The project has a duration of 165 working days, that includes Saturdays, though all work in the wetted channel must be complete by October 31 to meet environmental permit restrictions.

The project consists of rehabilitating approximately 1500 LF of twin rectangular box culverts that carry San Pablo Creek beneath business parking lots and open areas on the northeast side of Camino Pablo. The concrete inverts of the culverts are in varying states of deterioration from minor surface defects to corrosion and failure reinforcing steel and structural concrete. The existing inverts will be cleaned and abraded and new structural concrete and reinforcing steel will be placed to restore to original condition. added to an open channel section of the creek to shore up tilting sidewalls.

Key Items
Alpha CM
of the project. Based on our research, we developed a list of items that will need to be effectively addressed to deliver a successful project.

Limited Time for Working in Creek: If the work in the wetted channel is not complete by October 31, the contractor would shut Solution: Getting the work done quickly will require the development and adherence to resource loaded schedule, effective and early processing of submittals, and minimizing delays. Alpha CM will review Bugler’s CPM schedule and updates and three-week look ahead schedules and address any potential delays or issues. Submittals will be addressed at our weekly progress meetings.

The staging and access areas are primarily through parking lots on private property. There are, however, staging areas designated on the shoulders of busy Camino Pablo and Orinda Way, that will require truck movement and access and garbage removal.

Solution:

Outreach to Businesses and Public: As noted above, parking and access will be restricted for periods during the project.

Solution:
be conspicuously available to listen diplomatically to all questions and concerns from the public.

Bypass Pumping: The culverts must be kept dry for the invert repairs to be made. This will require a failsafe temporary bypass downstream end of the project. No work can commence in the culverts until this system is operational.

Solution: We will work with Bugler and Schaaf & Wheeler to expedite the submittal, approval, and installation of this system. protocols will need to be followed for worker safety.

Solution:
during construction.

Approved Concrete Sealant:

Department of Fish & Wildlife, but there is no guarantee that they will continue to do so.

Solution: This will be a designated weekly agenda item until CDFW approval is received.

Tree Protection: A number of the designated access and staging areas have trees within them that must be protected from damage.

Solution: We will verify that trees to be protected are delineated with orange fencing and protections are adhered to.

Poison Oak: As noted on the plans and during our exploration of the access areas, the jobsite is overrun with poison oak, posing a hazard to workers.

SECTION 2 - PROJECT UNDERSTANDING
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Attachment: Attachment A: Alpha CM - CMServices Proposal for San Pablo Creek Culvert Repair Project (3392 : Award CM Services to Alpha Section
3 Work Plan Approach
and Schedule
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Attachment: Attachment A: Alpha CM - CMServices Proposal for San Pablo Creek Culvert Repair Project (3392 : Award CM Services to Alpha Our approach to the scope of work follows:

Task 1: Construction Phase

1.1 Pre-Construction Conference
Purpose: Provides an understanding of the procedures to be used on the project and provides a forum for all essential project participants to meet prior to the start of work. This meeting will outline the City administration of the contracts, introduce the attendees, and record all comments and
questions submitted by the contractor.

Approach: Schedule, prepare agenda, chair meeting, take meeting minutes. Discuss lines of communication, contact list, procedures, document controls/logging system, concerns and set action items for team as needed. Attention will be given to items that may impact the schedule and/or project funding.

1.2 Communication and Correspondence
Purpose: Provide effective written, electronic, and oral communication on behalf of the City to the contractor and other stakeholders in the administration of the contract.

Approach: Field Memos shall be issued by the CM to address and the ownership team. These shall be reviewed during
each weekly construction progress meeting. Any Field Memos that have the potential to involve work outside of the existing contract will be reviewed by the City prior to issuing and will tracking and resolution purposes.

The CM will be responsible for:
• Developing and implementing any additional written or oral communication necessary to facilitate the ongoing
construction and documentation of the project
•
communications between the contractor and the designer, and the Ownership Team
• Facilitate distribution of all project related communications to appropriate parties.

1.3 Progress/Coordination Meetings
Purpose: Conduct weekly or bi-weekly progress meetings with the contractor, city staff and other parties/ stakeholders as

1.1 Deliverables: Provide meeting agenda, schedules,
handouts, distribute meeting minutes with action items.

1.2 Deliverables: Memos, telephone conversation records, and records of any other communication.
required to discuss the progress of the project, review 3-week look ahead schedule, discuss status of submittals, RFIs, and Approach: Schedule, prepare agenda, chair meeting, take meeting minutes. Conduct weekly meetings with the contractor and the City to discuss project schedule and current and past issues that require action. Follow up on the issues raised at these meetings to expedite resolution and closure to issues and circulate meeting minutes.

1.4 Document Management
Purpose: Provide and maintain the City with a secure
documentation control and cloud-based communication and tracking system with multi-level access for electronic means of tracking all documents exchanged between the parties involved in the construction of the project.

Approach: Maintain a computer-based correspondence,
information, and submittal tracking system to ensure that correspondence requiring responses, requests, and submittals are answered in a timely manner.

Consultant will identify those submittals that can be reviewed at the job site and those that should be reviewed by the design engineer.

The objective will be to proactively forecast potential problems and develop solutions before impacts occur in the project process.

1.5 Submittal Management and Review
Purpose:

Provide a brief, initial review of the contractor’s shop drawings Approach: Establish procedures for expediting process via use of . Using , develop a submittal
reviews, track and submit suspense submittal logs at each coordination meeting. Follow up on all submittals that are nearing the end of the review period. Question contractor regarding re-submittals of shop drawings that have been

1.3 Deliverables: Weekly meeting agenda with status of
open items from previous meetings. Weekly meeting minutes with action items noted. Three-week lookahead schedule
RFQ working logs. Change order log identifying change order requests, PCOs, and directed CCOs.

1.4 Deliverables:

SECTION 3 - WORK PLAN APPROACH AND SCHEDULE

CITY OF ORINDA
Construction Management Services Proposal
San Pablo Culvert Repair Project - City Project No. 4187 2 F.3.a
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Attachment: Attachment A: Alpha CM - CMServices Proposal for San Pablo Creek Culvert Repair Project (3392 : Award CM Services to Alpha rejected or require additional information before the submittal may be approved for inclusion in the work.

1.6 Request for Information (RFI) Management
Purpose: At times, a contractor is unable to locate information that it deems critical to its construction activity. CM staff will receive, log and track RFIs submitted by the construction Approach: CM will receive, log, and review all RFIs for completeness and verify that the question is reasonable and understandable. CM will provide a short technical review of the RFI if the question is unclear or, in the opinion of the CM staff, the answer is contained in contract documents.

If the RFI question is reasonable and the answer is not contained in the contract document, we will work with City staff as necessary and the RFI will be forwarded to the designer. CM will track RFIs by creating weekly logs, using
software, to verify timely responses from the designer.

1.7 Quality Assurance Inspection
Purpose: To monitor quality of all work performed by contractor, including by contractor’s sub-consultants to determine if the work is proceeding in accordance with the contract documents.

Approach: Attend all meetings. Coordinate sampling and
testing of construction materials in accordance with bid documents. Record up-to-date construction changes to use in preparation of the record drawings. Report to City any violations to any applicable regulations or mitigation measures. Maintain a copy of the contract documents and construction-related documents at the site. Coordinate all construction activities with the utility companies and other agencies within the project area and as required by the City. Photograph, log and pre-video prior, during and after construction.

1.8 Maintain Photographic and Video Records of
Construction Progress
Purpose: Provide the City a photo and video record before, during and after construction.

Approach: Using still, digital and video cameras, record the conditions of the project before the contractor starts work, and

1.5 Deliverables: Comments to contractor submittal
schedule,submittal log, and processed submittal reviews.

1.6 Deliverables: RFI log, RFIs with responses will also be provided.

1.7 Deliverables: Daily construction reports, construction logs, construction photos, non-conformance reports, daily environmental report logs.
after the work is complete. Using the same cameras, record the contractor’s progress during construction. During construction, care will be taken to record all items and/or conditions that have or may have a bearing on claimed extra work.

1.9 Monthly Construction Progress Reports
Purpose: Keep the City apprised of the project status during the prescribed construction period.

Approach: Prepare monthly reports that provide construction status to the City and other involved parties. The monthly report shall contain, at a minimum, the following:
• Potential issues, pending change orders, and executed change orders.
• A narrative description of the progress of work and major tasks completed.
• Schedule overview, with a 3 week look-ahead.
• Weekly statement of working days remaining.
• Contract change order summary.
• Summary of construction progress for the prior reporting period. •
unsolved issues.
• Photographs to show construction activities and to provide clarity for special issues.
• Other information deemed necessary for the City to have a concise understanding of the project.

1.10 Payment Recommendations
Purpose: Verify that contractor’s request for payment is reasonable for the work done monthly. Prepare progress payment recommendations on behalf of the City for work completed.

Approach:
contractor, and City to verify quantities. CM will recommend that as a condition of approval, the contractor must be current with as-built recording and scheduling efforts. CM and contractor develop a procedure that is acceptable to the City for monthly quantities. After approval of the payment request, by CM and the contractor, CM prepares payment documentation for
approval and execution by the City.

1.8 Deliverables: Photograph and video records. Progress photos will be included in the weekly reports submitted to the City by the CM.

1.9 Deliverables: Monthly progress report.

1.10 Deliverables:
payment request. Cost Summary in the Weekly status report.

Progress payment request documents suitable for approval and execution by the City.

CITY OF ORINDA
Construction Management Services Proposal
San Pablo Culvert Repair Project - City Project No. 4187 3 F.3.a
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Attachment: Attachment A: Alpha CM - CMServices Proposal for San Pablo Creek Culvert Repair Project (3392 : Award CM Services to Alpha

1.11 Schedule Monitoring
Purpose: Review the contractor’s initial and updated schedules for compliance with the contract documents and verify that the schedules accurately represent the scope of work. Monitor and review the contractor’s schedule, after approval of baseline schedule, to ensure the project is not being delayed for reasons within the contractor’s control.

Approach: Develop procedures to review contractor’s schedule for logic, milestones, duration, and resource changes in contractor’s monthly updates. Verify logic ties of activities, check the reasonability of task durations, review the critical path, and check for critical activities. Important scheduling elements, such as partial shutdowns,street and lane closures, and contractor material hauling will be a part of the schedule review process. Monitor and document contractors actual construction progress against the submitted schedule. Notify contractor of changes and document contractor’s response.

Review contractor’s 3-week look-ahead schedule distributed at weekly progress meeting for consistency with Weekly reports.

Inform City of construction schedule and updated changes.

Track project’s elapsed time and activities via WSWD working statement of working days which is distributed as part of the weekly construction meeting packet.

1.12 Construction Change Order (CCO) Management
Purpose: Provide the City with assurance that the contractor is not presenting unmerited requests for extra work that was included in the original contract scope. Assure the City that the associated extra work costs and time extension requests are fair and reasonable to City and contractor.

Approach: There are two separate scenarios involved with this task. First, there is extra work requested by the City or clearly indicated in the contract documents. Second, there are costs and time claimed by the contractor as alleged extra work. The steps used in assisting the City are similar in some respects and different in others. Our approach is as follows:

Request for Changes by the City:

Forward Request for Quote prepared by design engineer to contractor for pricing and time extension if necessary. Have brief scope of the extra work and any other information the CM believes the contractor should be aware of to fairly price the work. CM prepares an independent cost estimate of the extra work. CM reviews the cost quote from the contractor for completeness.

If cost quote and CM’s estimate is within 5%, accept the contractor’s cost quote. If the difference is greater than 5%, negotiate with the contractor for a reasonable number.

1.11 Deliverables:

Statement of Working days.

Should the CM and the contractor be unable to negotiate a reasonable price, do the work by force account.

Request for Changes by Contractor:

Review request of alleged cost increase and/or time impacts for merit. Considering the necessity of the change, check for propriety, consider other methods of accomplishing the work, method of compensation, effect on contract time, estimate of cost, the Contractor’s reaction to the proposed change, and the If the CM determines that a proposed change is warranted, prepared by the CM describing the work, will be transmitted to the Contractor for pricing. Concurrently, independent estimate of cost and time impact will be prepared by the City and CM.

Upon receipt of the contractor’s quotation, the CM will review and compare it to the independent estimate. Based on the review, the CM will either recommend approval to the City, or recommend rejection. If negotiation is authorized, the CM will conduct the negotiations with the Contractor.

For work approved by the City where a unit cost is not
determined prior to performing the work, the Inspector will collect time and material sheets at the end of each day and sign off on them.

All documentation regarding CCOs will be maintained by the

1.13 Claims Review and Analysis
Purpose: Provide complete documentation, review of merit/ entitlement, a claims response strategy, and cost analysis for the City’s review.

Approach: Track and manage all extra work items through the PCO and change order systems. Discuss extra work and claims during each weekly meeting. Track any disputed work items and attempt to resolve the issue.

1.14 Materials Testing
Purpose: Verify that installed materials meet project
requirements.

Approach:
or laboratory testing for concrete as needed.

1.12 Deliverables: PCO/CCO log, evaluations of change
order impact on the Construction Schedule, change order cost estimates, Weekly Status Reports. Change order package.

1.13 Deliverables: Claims analysis reports and supporting documentation.

1.14 Deliverables: Testing reports.

CITY OF ORINDA
Construction Management Services Proposal
San Pablo Culvert Repair Project - City Project No. 4187 4 F.3.a
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Attachment: Attachment A: Alpha CM - CMServices Proposal for San Pablo Creek Culvert Repair Project (3392 : Award CM Services to Alpha

1.15 Safety
Purpose: Review and monitor contractor’s compliance with its safety program.

Approach: CM Staff to observe contractor’s work area and attend contractor’s toolbox meetings on a routine basis. The inspector will enforce:
• On-site safety requirements and will report to City on any observed deviations from the plan.
•
safety laws and regulations. Review all detour, lane closures, and around construction zones and inform contractor of any contractor’s work may be required if conditions endanger life and/ or property. Contractor shall prepare job hazard analyses for any potentially dangerous activities in advance of being performed. Contractor shall provide attention to protection of existing utilities during construction.

1.16 Permit Compliance Coordination
Purpose:
applicable permit conditions and that their work activities abide by the requirements of the permits granted by regulatory permit requirements while maximizing contractor progress.

Approach: Coordinate efforts with various permitting agencies.

Establish and maintain positive relationships with monitors and regulators to minimize any construction delays. Review, issued by all regulatory agencies. Review the Contractor’s “Best Management Practices” plan prior to beginning of construction.

Monitor the Contractor’s implementation to prevent storm water pollution from related activities in compliance with the National

1.17 Review and Maintain Record Drawings
Purpose: Provide the City with accurate record drawings for the project.

Approach: Monitor contractor’s required record drawings on a monthly basis. In addition to monitoring the contractor’s drawings, CM will maintain a copy of the drawings and permits on the site with all the changes. Upon completion of construction, a copy of the As-Built drawings to the City. The As-Built will be

1.15 Deliverables: Accident report. Accident summaries in the monthly progress reports.

1.16 Deliverables: Daily report, record communications.

Correspondence to affected parties.
typed and not handwritten. The As-Built will be PDF and provided will also include items that are not normally shown on the contractor’s set of record drawings. This information is not necessarily construction-related but is project-related and may be important for future maintenance and/or construction projects.

1.18 Public Outreach
Purpose: To provide effective communication for public that is clear, concise, and timely. Listen to public, document and relay information.

Approach: Coordinate projects construction activities with neighbors. Maintaining good, working relationships with the public and neighboring properties. CM will immediately report to the City any inconvenience to the public and will try to remedy arising problems as soon as possible, subsequent to CM’s discussion with the City. CM will:
•
• Maintain a log of all phone calls received.
• Listen to citizen’s concerns and work to address them. • Work with the Contractor for prompt resolution of issues. •
as approved by the City about noise and odor restrictions, period of construction, and suggested alternate routes. • Verify that changeable message signs are placed alerting applicable.
• Communicate with emergency services about any events
that may raise emergency calls from the public.
• Provide project-related information to the City to post on the City’s website.

Task 2: Post Construction Services

2.1 Final Inspection and Punch List
Purpose: Identify elements of construction requiring correction Approach: Following substantial completion, perform project of contract work requiring correction or rework. Deliver punch list to the City and contractor within three working days of inspection. Final punch list will include pending correction

1.17 Deliverables:
contract drawings, along with the contractor’s marked up set.

1.18 Deliverables: Outreach log, daily report, meeting minutes;

CITY OF ORINDA
Construction Management Services Proposal
San Pablo Culvert Repair Project - City Project No. 4187 5 F.3.a
Packet Pg. 46
Attachment: Attachment A: Alpha CM - CMServices Proposal for San Pablo Creek Culvert Repair Project (3392 : Award CM Services to Alpha incomplete work has been completed satisfactorily and inform

2.2 Closeout Documents by Contractor
Purpose: obtain lien waivers, bonds, warranties, and other documents required by the Contract Documents from the
Contractor.

Approach: Work with contractor to provide closeout documents in a timely manor. Capture outstanding documents as part of

2.3 Project Record Drawings
Purpose: Provide the City with accurate as-built drawings for construction contracts.

Approach: Finalize record drawing set maintained by CM
drawings through the design engineer.

2.4 Final Payment
Purpose:
balance due to the contractor.

Approach: Following completion of the contract work,

2.1 Deliverables: Final punch list.

2.2 Deliverables: Final punch list.

2.3 Deliverables:
contract drawings,in addition to the contractor’s marked up set.

2.4 Deliverables: Final payment estimate.

2.5 Final Project Report
Purpose: Provide the City with a written history of the project.

Approach: CM will review project documents and prepare a written report for the City, including:
• Names of all project participants
• Contract amounts as bid time
• Summary of requests for information
• Lessons learned report
•
• Chronological history of the construction effort
• Change order history, including a summary statement about each change and negotiated costs
• Summary of outstanding claims not resolved when the
• Summary of the project and performance of the contractor •

2.6 Contract Close-out
Purpose: Provide the City with all documentation necessary to close out the contract.

Approach: Review contract documents and public bidding law protocols for closing out projects. Prepare all legal documents for execution. If needed, assist City in resolving all contractor claims.

2.5 Deliverables: Final project report.

2.6 Deliverables: Checklist of contract close-out items. maintenance manuals.

CITY OF ORINDA
Construction Management Services Proposal
San Pablo Culvert Repair Project - City Project No. 4187 6 F.3.a
Packet Pg. 47
Attachment: Attachment A: Alpha CM - CMServices Proposal for San Pablo Creek Culvert Repair Project (3392 : Award CM Services to Alpha F.3.a
Packet Pg. 48
Attachment: Attachment A: Alpha CM - CMServices Proposal for San Pablo Creek Culvert Repair Project (3392 : Award CM Services to Alpha Section 4
and References
F.3.a
Packet Pg. 49
Attachment: Attachment A: Alpha CM - CMServices Proposal for San Pablo Creek Culvert Repair Project (3392 : Award CM Services to Alpha Alpha CM, Inc.
inspection services exclusively to Northern California cities, counties, and special districts. Our outstanding staff understands the procedures, intricacies, and protocols of public infrastructure construction. Alpha CM is eager, ready, and able to assist public agencies from project inception through completion.

Our mission is the successful delivery of community and environmental enhancement projects while providing a rewarding and satisfying workplace for our staff. We understand that in order to be the best provider of CM and inspection services it is paramount to attract and retain the highest caliber talent. We aim to be the company that attracts the best and the brightest which translates to excellent service for your projects.

Alpha CM provides services solely on public infrastructure projects for cities, counties, special districts, state, and federal agencies.

Current and recently completed projects include:

Alameda County Water District - Rubber Dam No.1 and Fishway City of Rohnert Park - A & B Sections Neighborhood Utilities Projects East Bay Regional Park District - McKay Avenue Utilities, Crown Beach Trail Rehabilitation, and Restroom Facilities Hidden Valley Lakes Community Services District - Emergency Generators Installation City of Napa - Laurel Street 36-inch Water Main Replacement Napa Pipe Development - Underground Utilities and Surface Improvements Inspection City of San Rafael - San Quentin Stormwater Pump Station Replacement Oro Loma Sanitary District - 40-Mile Sewer Mainline Rehabilitation Program Delta Diablo - Manhole, Gravity Interceptor, and Easement Road Improvements Services offered include:

Bidding Assistance Inspection/Quality Assurance Cost Estimating Project Closeout Biddability/Constructability Reviews Claims Mitigation & Support Resident Engineering Scheduling Subconsultant
For over 120 years, Twining has been building a reputation for quality, reliability, and expertise in providing geotechnical, materials testing, and construction inspection services. With two state-of-the-art laboratories in Northern California and over 150 inspectors, they have the in-house resources to meet the changing needs of the state’s most complex construction and infrastructure projects, from dams, levees, and water treatment plants to multi-building hospital campuses. Earthworks Compaction Experts Verifying the earthwork soil compaction on public works water projects is one of Twining’s earthworks projects in the past decade alone, providing both quality assurance and control services for California’s largest agencies and general contractor teams.

Project Team
In developing our team, we considered expertise in structural concrete construction in an aquatic, marine, or process environment and working in sensitive environmental habitats.

We are anticipating the need for a part-time construction manager and a full-time inspector. Project oversight and contract administration will be provided on an as-needed basis. Materials testing will be provided by a subconsultant.

Our construction manager will be Dave Latona. Dave brings more than 25 years of pertinent experience with similar projects for Northern California public agencies. He was the construction manager for four years for Rubber Dams and Fishways Nos. 1 and 3 for the Alameda County Water District. These projects had major structural work within Alameda Creek over multiple construction seasons with stringent environmental permitting. He recently completed sewer and water projects for Delta Diablo and the City of Napa. He is currently providing part-time construction services for a sewer and water main project in Rohnert Park. Dave has a thorough understanding of construction of publicly funded environmentally sensitive projects.

CITY OF ORINDA
Ryan O’Kane, PE
Senior Engineer
Construction Manager
Dave Latona, ENV SP, AED
Project Principal
Brian Danley, PE, QSD/P
Inspector
Gene Hansen
Materials Testing
Twining, Inc.

CITY OF ORINDA
Construction Management Services Proposal
San Pablo Culvert Repair Project - City Project No. 4187 8 F.3.a
Packet Pg. 50
Attachment: Attachment A: Alpha CM - CMServices Proposal for San Pablo Creek Culvert Repair Project (3392 : Award CM Services to Alpha Experience and References
The project descriptions below highlight the experience, depth and breadth of our team.

Agency: Alameda County Water District, 43885 S. Grimmer Blvd., Fremont, CA 94538 Reference: Shane O’Nesky, Project Manager Phone: 510.668.4489 Key Staff: Dave Latona, Gene Hansen The $41 million project consisted of three projects combined into one. the ~80,000lbs, ~380 LF dam’s bladder; the placement of new bladder dam rubber underlayment/abrasion sheeting; repairs, screens. This included new 60-, 48-, 36- and 24-inch epoxy coated steel conveyance piping, and new instrumentation and controls.

Project duration was 1,070 calendar days with critical seasonal shutdowns and project completion date. ACWD receives over 40% of its water through impoundment of the Dam which required critical elements be completed and in place in order to meet the water demands to ACWD’s customers. Project was also constructed under UPRR and BART overpasses. The project included coordination with multiple agencies due to their jurisdiction such as Division of Safety and Dams, US Army Corp of Engineers, RQWCB, CDFW, Coastal Conservancy, East Bay Regional Park District, and NOAA Fisheries.

San Quentin Stormwater Pump Station Replacement Project Agency: City of San Rafael, 111 Morphew St, San Rafael, CA 94901 Reference: Theo Sanchez, PE, Associate Civil Engineer Phone: 415.725.1003 Key Staff: Brian Danley Providing construction management and inspection services for the $6M City of San Rafael’s San Quentin Stormwater Pump Station Replacement Project. The new station must be fully operational prior to demolition of the existing aging facility. Construction requires a cofferdam and dewatering as the intake facilities are in a tidal wetland. Three new 100 CFS submersible pumps will be installed at full build-out. The project includes new screenings facilities, SCADA, motor control center, portable generator connector, and extensive coordination with PG&E for new electrical transformer and facilities. The project also includes the rehabilitation of the 60-inch RCP Outfall that has numerous sags. Repair methods will be determined after the contractor has CCTV’d the pipe. The work is in the vicinity of the salt marsh harvest mouse habitat and full-time biological monitoring is required. The engineer’s estimate for the project was at $3.3 million dollars, but the contractor’s low bid was $6.6 million. Alpha CM worked with the City and the contractor to develop value engineering proposals that resulted in savings of over $500,000..

Our inspector will be Gene Hansen. Gene brings more than 40 years of inspection experience on a variety of public works projects Dave as an inspector on the abovementioned Rubber Dams Nos. 1 and 3 for the Alameda County Water District. Gene is currently unassigned and the two projects that he is listed for, new water mains for Alameda County Water District and new sewers and lift Brian Danley, PE, QSD/P, will provide project oversight and contract management. Brings more than 40 years of pertinent construction management and design experience on a variety of public infrastructure projects. In addition to serving as the construction manager for Orinda’s North Lane Storm Water Mitigation Project, he has served in oversight roles for several environmentally sensitive shoreline projects for the Alameda County Water District and the East Bay Regional Park District. He is currently serving as project principal for several water, sewer, and storm water projects in San Rafael, Rohnert Park, Delta Diablo, and Hidden Valley Lake Community Services District.

Materials testing services will be provided by our subconsultant, Twining, Inc. Twining has established a reputation for excellence for more than 100 years. We are currently working with them on sewer rehabilitation and easement road improvement project in Bay Point for Delta Diablo.

CITY OF ORINDA
Construction Management Services Proposal
San Pablo Culvert Repair Project - City Project No. 4187 9 F.3.a
Packet Pg. 51
Attachment: Attachment A: Alpha CM - CMServices Proposal for San Pablo Creek Culvert Repair Project (3392 : Award CM Services to Alpha A & B Sections Neighborhood Utility Improvement Project Agency: City of Rohnert Park Public Works, 600 Enterprise Drive Rohnert Park, CA 94928 Reference: Julian De Anda, PE, Senior Engineer Phone: 707.588.3317 Key Staff: Dave Latona, Brian Danley The City’s A & B Sections Neighborhood Utility Improvement Project generally consists of the replacement and repairs of portions of waterramps in the “A” & “B” neighborhood section of the City. The sewer work includes the repair of sewer main pipes and lower sewer service Laurel St. Water Main Installation
Agency: City of Napa, 1700 Second St, Ste 100, Napa, CA 94559 Reference: Chris Jones, PE, Associate Civil Engineer Phone: 707.257.9460 Key Staff: Dave Latona This $1M project involved providing construction management for the installation of approximately 550 LF of 12-inch fused C-900 PVC DR 14 water main on Laurel Street from Riordan Lane to Griggs Lane; the installation of approximately 300 LF of fused 8-inch C-900 DR 14 water main to replace an existing 4-inch cast iron water main with the reconnection of 5 services. Work also included the installation of a 36-inch bypass valve assembly on the existing 36-inch asbestos cement transmission main, the installation of The following project was managed by Alpha CM staff with a North Lane Storm Water Mitigation Project
Agency: City of Orinda, 22 Orinda Way, Orinda, CA 94563 Reference: Daniel Chavarria, P.E., current PW Director City of Richmond Phone: 925.864.3743 Key Staff: Brian Danley Provided construction management and inspection services for the City of Orinda’s North Lane Storm Water Mitigation Project.

The project consisted of 1300 LF of 60-inch reinforced concrete storm drain pipe, new headwall at the upstream inlet, wing wall and the vicinity is the habitat of two threatened species; the California Red-Legged Frog and the Alameda Whipsnake. The Central Contra Costa Sanitary District also replaced 400 LF of sewer adjacent to storm drain, in the same time period and the two projects had to be coordinated to minimize the impacts to the residents of North Lane.

A major portion of the scope of work was public outreach and to work with residents during the very disruptive construction process, Services also included constructability review, assistance during bidding, biological assessment and monitoring, and full construction management and inspection.

Challenges included completing the work within San Pablo Creek by the permitted October 15 deadline. Heavy rains in early October disrupted the process, but through a cooperative effort with the City and contractor, the work within creek was completed on time.

Higher than expected groundwater also resulted in a major change order, due to the contractor needing to make major adjustments to trench shorting system. A major claim was avoided through the collaborative efforts of the entire project team.

SUB-CONSULTANT PROJECT
Twining, Inc.: Yolo Bypass West Levee Culvert Replacement Project Agency: City of Woodland, 300 First Street, Woodland, CA 95695 The City of Woodland replaced three 48-inch culverts in the City’s Outfall Channel at the intersection with the Yolo Bypass West Levee with a single cast-in-place concrete box culvert with four bays. Cast-in-place concrete headwalls were constructed at the inlet and outfall structures. The cast-in-place culvert is approximately 115 feet long with four 6-foot by 6-foot bays. The individual bays are Twining is serving as a subconsultant to T&S Construction Co., Inc., preforming quality control services. Twining’s scope of services are as follows: reinforced concrete testing and inspections,soil testing and inspection.

CITY OF ORINDA
Construction Management Services Proposal
San Pablo Culvert Repair Project - City Project No. 4187 10 F.3.a
Packet Pg. 52
Attachment: Attachment A: Alpha CM - CMServices Proposal for San Pablo Creek Culvert Repair Project (3392 : Award CM Services to Alpha Section 5
Resumes
F.3.a
Packet Pg. 53
Attachment: Attachment A: Alpha CM - CMServices Proposal for San Pablo Creek Culvert Repair Project (3392 : Award CM Services to Alpha SECTION 5 - RESUMES
Brian Danley has more than 45 years of diverse construction management, program management and design experience on wastewater and public infrastructure projects. He is an expert in project development and delivery on a broad array of public agency projects. Brian brings a perspective that emphasizes collaboration, and that collaboration has resulted in numerous successful

RELEVANT EXPERIENCE
City of Orinda, North Lane Storm Water Mitigation Project: $2.8M. Construction/Project 1,300 LF of 60-inch storm sewer installed by open cut and bore and jack methods. Project regulatory restrictions and requirements.

Las Gallinas Valley Sanitary District, Lower Miller Creek Channel Maintenance:
$1.2M. Construction Manager. Project included channel dredging, shaping, and restoration to under jurisdiction of several environmental permits.

City of San Rafael, San Quentin Stormwater Station Pump Replacement Project:
$6M. Project Principal. Providing construction management and inspection services for the City of San Rafael’s San Quentin Stormwater Pump Station Replacement Project. The new station must be fully operational prior to demolition of the existing aging facility. Construction requires a cofferdam and dewatering as the intake facilities are in a tidal wetland. Three new 100 CFS submersible pumps will be installed at full build-out. The project includes new screenings facilities, SCADA, motor control center, portable generator connector, and extensive coordination with PG&E for new electrical transformer and facilities. The project also includes the rehabilitation of the 60-inch RCP Outfall that has numerous sags. Repair methods will be determined after the contractor has CCTV’d the pipe. The work is in the vicinity of the salt marsh harvest mouse habitat and fulltime biological monitoring is required.

City of Rohnert Park Public Works A & B Sections Neighborhood Utility Improvement Project: $4.4M. Project Principal.

The project generally consists of the replacement and repairs of portions of watermain and several sewer mains, replacement neighborhood section of the City. The sewer work includes the repair of sewer main pipes and lower sewer service lateral repairs City of Mill Valley, Downtown Paving and Sewer Rehabilitation Project: $2M. Construction Manager. This project included more than 3,000 LF of 6-inch to 12-inch sewer construction, new laterals and cleanouts and manholes in downtown Mill Valley utilizing pipe bursting, CIPP lining, and open cut methods. Project also includes 500 LF of 12-inch and 18-inch storm drain and improvements, and striping. Work required intense coordination and cooperation with downtown businesses and residents.

Mountain View Sanitary District, Moorhen Marsh Restoration: $5.6M. Director. As a member of the MVSD Board of home to special stature species including the Western Pond Turtle.

City of Berkeley, Berkeley Marina Roadway Improvements Project: $6M. Contract Manager. Provided construction management and inspection for this $6 million project which included the reconstruction of all the streets at the Berkeley Marina Brian Danley
P.E., LEED AP, QSD/P
Project Principal
Years of Experience
45 Education
MBA, Business
Administration
BS, Civil Engineering
Registrations
Professional Civil
Engineer: California,
License No. C30347
Developer/ Practitioner
LEED Accredited Professional
California Water Environment
California Stormwater Quality
California Association of
Bay Area Water Works
American Society of Civil
American Public Works
Mt. View Sanitary District
Board of Directors

CITY OF ORINDA
Construction Management Services Proposal
San Pablo Culvert Repair Project - City Project No. 4187 11 F.3.a
Packet Pg. 54
Attachment: Attachment A: Alpha CM - CMServices Proposal for San Pablo Creek Culvert Repair Project (3392 : Award CM Services to Alpha and the realignment of University Avenue. Project involved street and parking rehabilitation which included Full Depth Reclamation ramps, bus stop pads, repave over the FDR and ground out sections of existing AC, new Bioretention basins, adjust existing utilities, install new street lighting, pervious parking stalls, new roundabout, and landscaping.

East Bay Regional Park District, Iron Horse Regional Trail Improvement, Pleasanton: $3.4M. Project Manager. Local Assistance Project that completed a 1.3-mile segment of the Iron Horse Trail from Owens Drive to Santa Rita Road, on the old sting services.

City of Gilroy, Capital Improvement Program:
multiple water pipeline and storage projects, pipeline infrastructure, municipal buildings, bridges, roads, parks, and utilities.

Brian managed more than 30 task orders during his 2-year tenure in this position. He was responsible for the production of ucing disputes.

City of Tracy, Capital Improvement Program: $150M. Assistant Program Manager/ Construction Manager. Program consisted of approximately 100 expansion and renovation public works projects, including the expansion of the City’s water treatment plant and distribution system, 20-miles of arterial streets, police station and city hall, improvements to the storm drainage system, and construction of over 30 parks. Maintained full responsibility for construction management, design consultant administration for this multi-year program. His involvement in the selection of the numerous design consultants included preparing the Request for Proposals and sitting on the selection committee.

Valley Water District, Mckelvey Park Detention Basin Project: $30.1M. Project Principal. Project will provide new 18-footdeep storm water detention on an existing baseball complex. Site dropped 18 feet, retaining wall built and two baseball diamonds, seating, concessions, and scorer’s booth re-built.

City of Monterey, Sewer Line and Lift Station Rehabilitation: $12M. Program Manager. Much of Monterey’s sewage lift stations. Work included video condition assessment of sewers, pipe lining, pipeline replacement, manhole upgrades and lift station upgrades. Brian’s responsibilities included coordination of design and construction efforts, monthly reporting, and master scheduling.

Ross Valley Sanitary District, FY 2014 Gravity Sewer Rehabilitation: $2M. Project Principal. Responsible for construction management oversight. Project consisted of rehab of 8,500 feet of 6-inch to 8-inch sanitary sewers in Phase A and rehab and replacement of 8,700 feet sanitary sewer in Phase B. Sewers were lined utilizing CIPP.

Ironhouse Sanitary District, Water Recycling Facility Phase 1 Improvements: $1.7M. Project Principal. This $1.7 stakeholders to discuss coordination, progress, and schedule.

South San Francisco/San Bruno Water Quality Control Plant, Standby Generator and Elevated Bus Duct: $4.5M.

Construction Manager. Oversaw staff of four and two subconsultants. Project included demolition of existing standby generator and building and replacement with generator and block building. (Brian Danley, cont'd)

CITY OF ORINDA
Construction Management Services Proposal
San Pablo Culvert Repair Project - City Project No. 4187 12 F.3.a
Packet Pg. 55
Attachment: Attachment A: Alpha CM - CMServices Proposal for San Pablo Creek Culvert Repair Project (3392 : Award CM Services to Alpha Years of Experience
25 Education
Undergraduate Studies,
Civil Engineering
Undergraduate
Studies, Geomorphic &
Ecological Fundamentals
California Stormwater Quality
Erosion and Sediment
American Ecological
Institute for Sustainable
American Membrane
Technology
American Water Works
American Public Works
Dave has over 25 years of experience in providing project and program management on water resources and capital improvement projects throughout the San Francisco Bay Area. Dave has developed close, personal working relationships with several public agencies and has provided leadership to over $500 million in water projects. With the most recent being a $40 million Dam Replacement and Fishway Construction for Alameda County Water District. with clients such as Valley Water District, National Park Services, San Francisco Public Utilities Commission, Department of Defense, Caltrans, UDOT, NDOT, and Denver Department of Aviation.

RELEVANT EXPERIENCE
City of Rohnert Park Public Works A & B Sections Neighborhood Utility Improvement Project: $4.4M. Construction Manager. The project generally consists of the replacement and repairs of portions of watermain and several sewer mains, replacement of sewer manhole pedestrian sidewalk access ramps in the “A” & “B” neighborhood section of the City. The sewer work includes the repair of sewer main pipes and lower sewer service lateral repairs via “Cured replacement of a portion of water main via “Open Trench” and will include new water services, East Bay Regional Park District (EBRPD), Iron Horse Regional Trail Improvement: $5.3M. Construction Manager. This ADA crossings and curb ramps, mass grading, RHMA and HMA paving,stormwater enhancements, landscaping, and park enhancements. Dave immediately realized the amount of construction equipment needed on-site would create delays along the arterial routes to the BART station. He coordinated with the contractor, BART, City of Pleasanton and EBRPD to negotiate a night schedule, therefore reducing any negative impact to either the project or park operations. Dave’s document control was reviewed by the FHWA Federal auditors at the end of the project, and he was told that his record keeping was very thorough without any discrepancies.

City of Napa, Laurel St Water Main Installation Project: $1M. Construction Manager. This ongoing project involves providing construction management for the installation of approximately 550 feet of 12-inch fused C-900 PVC DR 14 water main on Laurel Street from Riordan Lane to Griggs Lane; the installation of approximately 300 feet of fused 8-inch C-900 DR 14 water main to replace an existing 4-inch cast iron water main with the reconnection of 5 services; and the installation of a 36-inch bypass valve assembly on the existing 36-inch asbestos cement transmission main and the installation of 200 feet of 36-inch AWWA C200 steel Napa Redevelopment Partners, LLC c/o Catellus Development Corporation, Napa Pipe Development Project: $100M. and reconstruction of signalized intersections. The project Includes the deconstruction/demo of 3 bridges over sensitive Napa River waterway and the construction of 2 new bridges over the Napa River and new road alignment and road widening.

Dave Latona

ENV SP, AED, QSD
Construction Manager

CITY OF ORINDA
Construction Management Services Proposal
San Pablo Culvert Repair Project - City Project No. 4187 13 F.3.a
Packet Pg. 56
Attachment: Attachment A: Alpha CM - CMServices Proposal for San Pablo Creek Culvert Repair Project (3392 : Award CM Services to Alpha of HDPE, CMP, Epoxy coated steel pipe. ~4miles of new streets. The project includes coordination with multi agencies due to their jurisdiction such as City of Napa, Caltrans, UPRR, Napa San, CDFW, Army Corp, RQWCB, and Coastal Conservancy.

Ross Valley Sanitation District, Berens Slough Outfall Emergency Repair: $1.2M. Project Manager. Project was a fast-track project due to the displacement of an existing outfall structure located in Corte Madera Creek jeopardizing hundreds of homes alterations creating adverse sediment transportation and scour undermining and altering the outfall buoyancy ratio in addition to forming blockage. Through the design phase Dave provided constructability review capturing alternative design methods which saved time, cost, and limited impact. During construction Dave led the team in oversight and successful completion of the project and completed ahead of schedule. Client noted in their appreciation letter stating “…Dave’s leadership and management was essential to the successful completion of this emergency repair project...” Randell Ishii, District Engineer, Ross Valley Sanitation District, Berens Slough Emergency Repair.

Alcatraz Island Penitentiary/National Park Service/Golden Gate National Recreation Area, Cell House A Seismic Stabilization and Rehabilitation and Repairs: $13.6M. Project Manager. The rehabilitation project included structural and seismic stabilization repairs of the Historic Cell house A and dock repairs. The project also included stringent monitoring protocols of bird roosting zones, native fauna. Assisted in the constructability review phase capturing critical constraints due to permitting stance requiring early amendments. This in turn minimized project cost and impacts prior to bid. During construction, Dave performed assurance oversight as the project manager to maintain contract/ regulatory compliance. He also held cost and schedule ensuring public access within the work area during normal park hours.

Valley Water District, Rancho San Antonio Flood Detention Basin: $19.5M. Resident Engineer. Provided construction Antonio Park in Cupertino. The work included the removal of approximately 150,000 cubic yards of dirt from the site along with the construction of a new culvert and inlet structure across Permanente Creek, a new parking lot, a new restroom building Town of Moraga, On-call 2017 Overlay Project: Project Manager. Provided construction management and inspection services.

The project consisted of residential and commercial overlays in addition to removal and reconstruction of existing concrete arterial street paving and sidewalks, ADA compliant. This project was from our on-call which Dave managed as Project Manager. Dave’s role consisted of continued continuity with the client and oversight of the project and continued business development.

Town of Moraga, 2015 Pavement Reconstruction Project (APWA Award-Winning): Project Manager/ Resident Engineer.

Provided biddability, constructability, bid assistance, and construction management services. The project consisted of pavement Valley Water District, McKelvey Park Flood Detention Basin: $30.9M. Project Manager/Resident Engineer. Provided biddability review, bid assistance, and construction management services for this detention basin and sports facility. The project on top of it. Project involved city, county, and 3rd party coordination with local businesses and schools.

County of Stanislaus, Three Pavement Rehabilitation Projects (Phases H, I and G): $3.3M. Construction Manager.

Provided staff oversight, project management controls, and document controls for the projects which included road preparation, detouring and scheduling. Dave’s knowledge of the CIR process through all phases was critical to the success of the projects. He assisted the County with the technology behind the CIR process and his expertise mitigated any potential issues. He was on-site time and under budget.

Delta Diablo, Manhole, Gravity, Inceptor and Easement Road Improvements: $3M. Project Manager. This $3M project will:
rehabilitate 30 manholes, remove and replace 30-inch VCP and RCP; and CIPP line 30-inch sewer in railroad right of way. Much of the work will be done in sensitive environmental areas. A portion of the work will require sewage bypassing and coordination with timetable in order for Delta Diablo to advertise the project on time.

CITY OF ORINDA
Construction Management Services Proposal
San Pablo Culvert Repair Project - City Project No. 4187 14 (Dave Latona, cont'd)
F.3.a
Packet Pg. 57
Attachment: Attachment A: Alpha CM - CMServices Proposal for San Pablo Creek Culvert Repair Project (3392 : Award CM Services to Alpha Gene Hansen has over 42 years of experience performing surveying, drafting, design support, and inspection on various types of projects, including parcel maps, subdivisions, private improvement plans, and public works projects. His public works experience includes sewer, water and storm drainage collection systems; sewer and water treatment plants; street lighting and signalization; structures; and roadway improvements.

His survey experience has involved all phases of road development, including establishing proposed corner line alignment, crosssections, slope stakes, setting right-of-way monuments, and control for bridge construction. Gene has worked with soils/materials testing lab personnel to solve problem areas in subgrade and compaction. prepares and processes progress payments.

RELEVANT EXPERIENCE
:
24-inch cement lined and dielectrically coated steel conveyance piping, new cathodic protection, demo of undersized ~80,000lbs, ~380LF dam’s bladder, placement of new bladder dam rubber underlayment/abrasion sheeting, repairs, ief structure.

City of Berkeley, Berkeley Roadway Improvement Project: $6M. Senior Inspector. Project involved street and parking sidewalks; signs; streetlights; and trees. Installed new ADA sidewalks and ramps, and bus stop pads, repaved over the FDR and ground out sections of existing AC, new Bioretention basins, adjusted existing utilities, installed new street lighting, pervious parking stalls, a new roundabout, and landscaping.

Mountain House Community Services District (MHCSD), On-Call Construction Management Services for New Development: $120M. Construction Inspector. On-call contract for new development. Required coordination between the district, developers, contractors, and utility companies. Work included install of ~30,000LF of 8-12” PVC potable water pipe, connections to over 1200 new homes, install of new meters, hydrants and appurtenances, inspected testing and disinfection process, creation of new roads and rehabilitation of existing roads including arterial roadways along residential inspection of concrete pour for sidewalks and air testing sewer lines.

Friant Water Authority, Water Treatment Plant: Inspector/Engineering Design Assistant. Construction of a new 2 MGD inch+, electrical, instrumentation, and pumping.

Friant Water Authority, Water Storage Rehabilitation Project: Inspector. Project consisted of the replacement of an existing above-ground water storage tank and pipeline. Project included demo and construction of new above-ground of new controls, Joint trenching, clear and grubbing and service relocation.

City Of Chowchilla, Storm Drain and Collection Improvement Project: Inspector. Replacement and new installation of over three miles of collection piping of 48-inch to 60-inch to address aging infrastructure and subdivision expansion.

Required working within arterial roads, open land, and neighborhoods.

Federal Highway Administration, Tununak ATV Geotech Trail: Project Inspector. The project involved placing three prefabricated steel/timber bridges, ten prefabricated timber bridges, and installing trail markers along 6.3 miles of trails Gene Hansen
Inspector
Years of Experience
42 Education
AS, Engineering
10 Hour OSHA

CITY OF ORINDA
Construction Management Services Proposal
San Pablo Culvert Repair Project - City Project No. 4187 15 F.3.a
Packet Pg. 58
Attachment: Attachment A: Alpha CM - CMServices Proposal for San Pablo Creek Culvert Repair Project (3392 : Award CM Services to Alpha daily reports, and conducted construction inspections, including the bridge decks.

County of Stanislaus, Three Pavement Rehabilitation Projects (Phases G, H, and I): Inspector. The projects intersection repairs, and striping.

City of Mendota, Water Treatment Plant Improvement Project: Inspector/Design Engineer Assistant. Increase in water distribution and quality. Project consisted of the refurbishment of two 1-million-gallon tanks, pump station replacement temporarily shutting down water to the entire city, which had a tight window due to early a.m. agricultural communities’ spikes in water usage. Assisted during the design phase with drafting and constructability review.

City of Mendota, Municipal Wells and Water Conveyance Project: Inspector. Drilling and developing three municipal wells and install of over 15,000LF of 20-inch C900 PVC pipeline and over 500LF of 12-inch ductile iron pipe. Pipeline crossed commercial ag property, canals, and aqueduct, and arterial downtown streets along residential and commercial area. Project which required construction/placement of new pipeline bridges while channels/canals are active. In addition, reconstruction of maintenance vehicle access canal bridge. Project also consisted of a new controls building in addition to all new pumps, instrumentation, and utility installation. Project consisted of working in environmentally sensitive areas with protected red garter snakes.

City Of Mendota, Wastewater Treatment Plant Pond Expansion Project: Inspector. Creation of six new ponds with mass grading and installation of over seven miles of distribution piping. Included installation of new valving/pumps, utilities, and pump station upgrades, including instrumentation and e City of Chowchilla, Chowchilla Wastewater Treatment Plant Rehabilitation: Inspector/ Engineering Design Assistant. Plant replacement and upgrades, including new control systems, blowers, skimmers, standby generator, electrical distribution, piping 10-inch to 60-inch pressurized and gravity piping, steel, stainless, concrete, PVC, HDPE piping, digester upgrades from aerobic to anaerobic and development of sludge drying bed.

City of Chowchilla, Boulevard Watermain Rehabilitation Project: Inspector. Project consisted of over 1000LF of 12” ACP water main replacement with new 12” C900 PVC. Project was located along heavily traveled arterial roadway utility relocation, and crossing of intersections.

Madera County, Various Road Department Projects: Survey Crew Member. Involved in all phases of road development, including establishing proposed corner line alignment, cross-sections, slope stakes, setting right-of-way monuments, and control for bridge construction for a variety of projects.

City of Chowchilla, Greenhills Development: Senior Construction Inspector. Project was a multi-phased development with 10 different neighborhoods. Project included new sewer, water, and storm drain placement and tie-ins, placed over 12,000LF of 8”-12” C900 PVC water mainlines, install of new hydrants and service connections. Performed inspection thermoplastic striping, utility relocation. Gene coordinated between Caltrans, the contractor, the City, and surrounding businesses.

City of Chowchilla, 82nd Street Improvement Project: Inspector. 82nd Street is a heavily traveled thoroughfare, especially throughout normal business hours and particularly in the summer. As such, the contract required all grinding and pavement work to occur at night. Gene worked with the contractor to ensure that the work remained on schedule in order for the contractor to open the road to the public the next morning. The project included over four miles of roadway crossings, signalization, and intersection. The project required bypass pumping, night work, and weekend operations.

City of Dos Palos, Blossom & Main Street Improvement Project: Inspector. Project consisted of grind and overlay and intersections.
(Gene Hansen, cont'd)

CITY OF ORINDA
Construction Management Services Proposal
San Pablo Culvert Repair Project - City Project No. 4187 16 F.3.a
Packet Pg. 59
Attachment: Attachment A: Alpha CM - CMServices Proposal for San Pablo Creek Culvert Repair Project (3392 : Award CM Services to Alpha June 24th, 2024
Billing Rate Total Hours Total Price
Task 1: Construction Phase
Project Principal $ 220 4 $ 880
Construction Manager $ 204 4 $ 816
Inspector $ 193 4 $ 772
Construction Manager $ 204 90 $ 18,360
Construction Manager $ 204 60 $ 12,240
Construction Manager $ 204 30 $ 6,120
Construction Manager $ 204 2 $ 408
Construction Manager $ 204 10 $ 2,040
Inspector $ 193 792 $ 152,856
Construction Manager $ 204 4 $ 816
Inspector $ 193 24 $ 4,632
Project Principal $ 220 2 $ 440
Construction Manager $ 204 8 $ 1,632
Construction Manager $ 204 8 $ 1,632
Construction Manager $ 204 30 $ 6,120
Construction Manager $ 204 10 $ 2,040
Project Principal $ 220 1 $ 220
Construction Manager $ 204 4 $ 816
Subconsultant (Twining) w/markup $ 30,333
Construction Manager $ 204 2 $ 408
Inspector $ 193 8 $ 1,544
Construction Manager $ 204 2 $ 408
Inspector $ 193 8 $ 1,544
Construction Manager $ 204 8 $ 1,632
Inspector $ 193 16 $ 3,088
Task 1.1: Pre-construction Conference
Task 1.9: Monthly Construction Progress Reports
Task 1.2: Communication and Correspondence
Task 1.3: Progress/Coordination Meetings
Task 1.4: Document Management
Task 1.5: Submittal Management and Review
Task 1.6: Request for Information (RFI) Management
Construction Management Services
for San Pablo Creek Culvert Repair Project
Cost Proposal
(Weekday Base) Task & Staffing
Task 1.7: Quality Assurance Inspection
Task 1.8: Maintain Photographic and Video Records of Construction Progress Task 1.17: Review and Maintain Record Drawings
Task 1.15: Safety
Task 1.12: Construction Change Order (CCO) Management
Task 1.11: Schedule Monitoring
Task 1.14: Materials Testing
Task 1.10: Payment Recommendations
Task 1.13: Claims Review and Analysis
Task 1.16: Permit Compliance Coordination
F.3.b
Packet Pg. 60
Attachment: Attachment B: Alpha CM Fee_San pablo Creek Culvert CM r3 2024-06-24 (3392 : Award CM Services to Alpha CM for San Pablo Creek Culvert Project) Construction Manager $ 204 2 $ 408
Inspector $ 193 4 $ 772
1137 $ 252,977
Task 2: Post Construction Services
Construction Manager $ 204 8 $ 1,632
Inspector $ 193 8 $ 1,544
Construction Manager $ 204 8 $ 1,632
Construction Manager $ 204 4 $ 816
Inspector $ 193 8 $ 1,544
Construction Manager $ 204 4 $ 816
Project Principal $ 220 2 $ 440
Construction Manager $ 204 8 $ 1,632
Project Principal $ 220 2 $ 440
Construction Manager $ 204 16 $ 3,264
68 $ 13,760
$ 266,737
Subtotal
Task 2.6: Contract Close-out
Total Weekday Base Only
Task 2.2: Closeout Documents by Contractor
Task 2.3: Project Record Drawings
Task 2.4: Final Payment
Subtotal
Task 2.5: Final Project Report
Task 1.18: Public Outreach
Task 2.1: Final Inspection and Punch List
(Weekday Base) Assumptions

1. Duration based on contractors baseline schedule provided by City of Orinda. June 17, 2024 Notice to Proceed (NTP). Mobilization July 15, 2024. Project completion December 18th, 2024.

2. Work conducted standard work hours M-F, 8 hours per day (between the hours of 7am to 6pm), no holidays or overtime calculated into level of effort.

3. Saturday work captured separately.

4. Submittal review task removed.

5. Level of effort is an estimate only.

6. Each individual cost item is a guide only; total CM cost shall take precedent.

7. Subconsultant costs are an allowance only. Actual work will be invoiced on time and material basis as directed by our Construction Manager.

8. Hourly rates include all direct and indirect overhead normally associated with this type of work. Including vehicle/ cell/ data/computer.

9. Level of effort based on documentation provided by City of Orinda.

10. Prevailing Wage specified is based on current DIR determination. Any future DIR escalation of prevailing wage rate will be reflected in the loaded rates.

11. Alpha CM reserves the right to move budget between tasks and staff F.3.b
Packet Pg. 61
Attachment: Attachment B: Alpha CM Fee_San pablo Creek Culvert CM r3 2024-06-24 (3392 : Award CM Services to Alpha CM for San Pablo Creek Culvert Project) Billing Rate Total Hours Total Price
Task 2: Construction Phase
Construction Manager $ 204 30 $ 6,120
Construction Manager $ 204 3 $ 612
Construction Manager $ 204 0 $ -
Construction Manager $ 204 3 $ 612
Inspector $ 283 176 $ 49,808
Construction Manager $ 204 1 $ 204
Inspector $ 283 4 $ 1,132
Subconsultant (Twining) w/markup $ 3,452
217 $ 61,940
Total Optional Saturday $ 61,940
Subtotal
Task 2.14: Materials Testing
Task 2.5: Submittal Management and Review
Task 2.7: Quality Assurance Inspection
Task 2.8: Maintain Photographic and Video Records of Construction Progress Task 2.6: Request for Information (RFI) Management
(OPTIONAL Saturday) Task & Staffing
Task 2.2: Communication and Correspondence
Task 2.4: Document Management
(Optional Saturday) Assumptions

1. Duration based on contractors baseline schedule provided by City of Orinda. June 17, 2024 Notice to Proceed (NTP). Mobilization July 15, 2024. Project completion December 18th, 2024.

2. 22 days to be performed on Saturdays, 8 hours per day (between the hours of 7am to 6pm).

3. Weekday work captured separately.

4. Submittal review task removed.

5. Estimate Construction Managers duties will be limited to tasks shown.

6. Level of effort is an estimate only.

7. Each individual cost item is a guide only; total CM cost shall take precedent.

8. Subconsultant costs are an allowance only. Actual work will be invoiced on time and material basis as directed by our Construction Manager.

9. Hourly rates include all direct and indirect overhead normally associated with this type of work. Including vehicle/ cell/ data/computer.

10. Level of effort based on documentation provided by City of Orinda.

11. Prevailing Wage specified is based on current DIR determination. Any future DIR escalation of prevailing wage rate will be reflected in the loaded rates.

12. Alpha CM reserves the right to move budget between tasks and staff F.3.b
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Attachment: Attachment B: Alpha CM Fee_San pablo Creek Culvert CM r3 2024-06-24 (3392 : Award CM Services to Alpha CM for San Pablo Creek Culvert Project)

CITY OF ORINDA
BUDGET CHANGE FORM FISCAL YEAR 2024-25
Funds Appropriated Mid-Cycle Budget Adjustment Adopted 6/18/2024 CHANGE FORM # 001-25
New Appropriations (City CouncilApproval Required): Budget Transfers:

X From Un-Appropriated Reserves From Budgeted Contingent Reserve (Approval Req’d) __ _ Reduction To Adopted Budget

GENERAL FUND
New Revenue ONLY
Between Departments (City Council Approval Req’d)
Other:

BUDGET ACCOUNT
(Revenue / Expense)

INCREASE
AMOUNT

DECREASE
AMOUNT
INCREASE OF BUDGETED EXPENSE IN FY 2024-25:
106-35-00-7126-4187

ADD-ON SALES TAX MESURE R / PUBLIC WORKS / NO PROGRAM /

CONSTRUCTION MANAGEMENT/SAN PABLO CREEK CULVERT REPAIR
$138,677
As Presented at the City Council Meeting on: July 2, 2024 #################(Finance Use Only)###################
NOTE: FY 2023 Not In System – NEED TO INCORPORATE WITH MID-CYCLE ADJ Posted By: Date:

REASON FOR BUDGET CHANGE ENTRY: At the City Council meeting on July 2, 2024, the City Council was presented with changes to the adopted Budget necessary in order to proceed construction of CIP Project #4187 San Pablo Creek Culvert Repair Project for construction management services related to a contract with Alpha CM. Of note is fact that budget for this project was recently reduced by over $1M as part of the Mid-Cycle Budget Adjustment adopted on June 18, 2024.

F.3.c
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Attachment: Budget Change Form #001-25 San Pablo Culvert Repair Proj 4187 (3392 : Award CM Services to Alpha CM for San Pablo Creek City Council
Staff Report
Agenda Item: H.1
Date: July 2, 2024
Department: Administration
AGENDA TITLE: Townsend Public Affairs Legislative Advocacy Services Professional Services Agreement
RECOMMENDATION:

Approve a Professional Services Agreement with Townsend Public Affairs for Legislative Advocacy Services for FY 2024-25 in an amount not to exceed $60,000 as recommended by the City Council Legislative Advocacy Services Ad Hoc BACKGROUND: On May 21, 2024, the City Council approved the creation of a twomember Ad Hoc Committee to interview firms and make a recommendation to the City Council on which of the four firms that submitted proposals should be retained. The Council appointed Mayor Gee and Council Member Iverson to the Ad Hoc. The May 21, 2024, staff report is attached for additional background.

On June 6, 2024, the Ad Hoc interviewed the firms and are recommending that the City Council enter into a Professional Services Agreement (Attachment 2) with Townsend Public Affairs as the best qualified firm and the one which would be the best fit for Orinda. An initial one-year contract is presented for approval for FY 2024-25 at an annual cost of $60,000.

NEXT STEPS: After approval of the professional services agreement, Townsend will begin their engagement and efforts on behalf of the City.

FISCAL IMPACT: $70,000 for Legislative Advocacy Services has been included in the FY 2024-25 Budget.

ATTACHMENTS:

A. May 21, 2024 Staff Report
B. Townsend Professional Services Contract
Respectfully Submitted by:

David Biggs
City Manager
Prepared By: Sheri Smith, City Clerk
Approved by:

H.1
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H.1
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City Council
Staff Report
Agenda Item: H.5
Date: May 21, 2024
Department: Administration
AGENDA TITLE: Legislative Advocacy Services Ad Hoc
RECOMMENDATION:

Receive Report, and Form a two-member City Council Ad Hoc to Review Legislative Advocacy Proposals and Select a Firm, or Provide Other Direction BACKGROUND: The City Council approved Budget Referral # 3: Legislative Advocacy as part of the FY 2023-24/2024-25 Budget as described below:

Budget Referral # 3: Legislative Advocacy - The City of Orinda relies primarily on the League of California Cities for advocacy efforts. Other communities often supplement these efforts with direct contract services with a firm to do advocacy directly on the city’s behalf.

Response: A firm could be retained to undertake direct advocacy on an annual basis. The estimated annual cost would be $60,000 to $75,000 per year.

On March 21, 2024, staff issued a Request for Qualifications for Legislative Advocacy to five firms (RFQ Attached). Proposals were due on April 11, 2024, and responses were received from the four firms listed below:
• Joe A. Gonsalves & Son
• KP Public Affairs
• Nielsen Merksamer
• Townsend Public Affairs
City staff have reviewed the responses and believe all firms are qualified to assist the City. The following summarizes the main factors of each proposal:

Joe A. Gonsalves & Son
Monthly Retainer $4,000
Request Waiver of Professional Liability Insurance
KP Public Affairs
Monthly Retainer $7,500
Nielsen Merksamer
Monthly Retainer $5,000, plus travel reimbursement
Request Professional Services Contract Modifications as law firm H.5
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H.1.a
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Attachment: May 21, 2024 Staff Report (3394 : Townsend Public Affairs Legislative Advocacy Services Professional Services Agreement) Townsend Public Affairs
Monthly Retainer $7,000
Note, none the firms proposed on the basis of the request for a project or task basis as needed, but rather a standard format of a full-service monthly retainer.

In discussing next steps with Mayor Gee, the formation of an Ad Hoc was identified as the best means to move forward with the selection of a firm and to further explore alternatives to a monthly retainer.

NEXT STEPS: Depending upon how the contract is structured and the annual cost, the contract could be processed administratively under the City Manager’s contract authority, it may require City Council approval.

FISCAL IMPACT: Funding has been reserved in each year the two-year budget for Legislative Advocacy Services.

ATTACHMENTS:

A. Legislative Advocacy RFQ
Respectfully Submitted by:

David Biggs
City Manager
Prepared By: Sheri Smith, City Clerk
Approved by:

H.5
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H.1.a
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Attachment: May 21, 2024 Staff Report (3394 : Townsend Public Affairs Legislative Advocacy Services Professional Services Agreement) PROPOSAL DUE BY 3:00 PM ON JULY 23, 2021

REQUEST FOR QUALIFICATIONS
for

COMMUNICATIONS CONSULTANT
March 2024
City of Orinda
CITY MANAGER’S OFFICE
22 Orinda Way
Orinda, CA 94563
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Attachment: May 21, 2024 Staff Report (3394 : Townsend Public Affairs Legislative Advocacy Services Professional Services Agreement) CITY OF ORINDA RFQ – Leg
Advocacy

COMMUNICATIONS CONSULTANT
RFQ – Legislative Advocacy
I. REQUEST SUMMARY
The City of Orinda (City) seeks proposals from firms which provide legislative advocacy services primarily at the State level. Currently, like many cities, Orinda primarily relies on the League of California City to be our primary vehicle for legislative advocacy as most League positions align with the City’s objectives and priorities.

The City is seeking qualifications and a proposed scope of work to undertake legislative advocacy for the City on a project or task basis, as needed, where there is specific identified need or when the City’s positions are a bit different or do not align with those of the League of California Cities. Firms should have the capability and experience needed to provide comprehensive and focused legislative advocacy service on behalf of the City to meet the needs of Orinda. The City has a separate contract with California Consulting for grant identification and writing services, and on occasion the selected advocacy firm may be engaged in the support of those grant activities.

An initial contract for one year is anticipated. Assuming mutual satisfaction, the proposal would provide that the contract may be renewed twice for a two fiscal year extension period (July 1 – June 30). The total term would not exceed five fiscal years.

II. INTRODUCTION
A. Community Profile
The City of Orinda was incorporated in 1985 after 100 years of slow growth and is located in Contra Costa County in the eastern portion of the San Francisco Bay Area with a current population of approximately19,000. It is a familyoriented community in a semi-rural suburban setting surrounded by majestic hills and nearby cities such as Berkeley, Oakland and San Francisco. Orinda’s schools rank among the highest in the State of California.

Within a 30 mile radius, the citizens of Orinda have access to 63 movie theatres, over 6,000 restaurants, 118 public golf courses, 117 libraries and 13 museums. There are 4 community parks within the City, a historical Community Center and Theatre, a state-of-the-art Public Library and a plethora of hiking trails to explore. There are many private swim and tennis clubs.

The City of Orinda has an abundance of active community groups including the Orinda Association, Orinda Garden Clubs, the Lamorinda Arts Council, Orinda Network for Education (ONE), and Rotary. The Orinda Park and Recreation Foundation has contributed approximately $1.5 million towards Orinda’s park H.5.a
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Attachment: May 21, 2024 Staff Report (3394 : Townsend Public Affairs Legislative Advocacy Services Professional Services Agreement) CITY OF ORINDA RFQ – Leg
Advocacy
and recreational needs through the purchase of open space and support of recreational and service activities.

The City has a permanent staff of approximately 37 full-time employees supplemented with part-time and seasonal staff and contracts with the Contra Costa County Office of the Sheriff for Police Services with a budgeted staffing level of 14 sworn positions. The City does not provide Fire and Emergency Medical Services, these are provided by an independent District – Moraga Orinda Fire District (MOFD). The City partners with MOFD on programs to the extent that they overlap with City services.

The City operates under a Council-Manager form of government with five atlarge Councilmembers elected to staggered four-year terms to govern the City.

The City Manager is responsible for implementing the Council’s policies, ordinances and directives, for overseeing the day-to-day operations of the City, and for making personnel appointments. City departments include:

Administrative Services, Planning, Parks and Recreation, Police, City Clerk, and Public Works and Engineering Services. Legislative Advocacy falls under the City Manager’s Office umbrella and the Human Resources Manager reports to the City Manager on strategic issues.

B. Background
Mayor Gee requested that the City Council possibly consider a different approach to legislative advocacy as a budget referral at the June 6, 2023, City Council meeting when the draft Biennial Budget was first introduced. At the June 20, 2023, City Council meeting, as part of the budget adoption process, City Council approved budget referral #23-3 which allocated $75,000 in Fiscal year 2023-24 to explore advocacy options. Also, as part of that item, the City Council discussed the current approach as to when the City will take positions and participate in the legislative process is outlined below:

Legislative Process and Taking Positions
Limitations on resources and staffing constrain the City’s level of involvement in state legislative matters, initiatives, and ballot measures.

In consideration of the limitations on resources and staffing, the City shall not consider or take positions on legislation, ballot measures, or issues of interest or concern that would not result in a direct tangible benefit to Orinda.

The City Manager or City Attorney may identify legislation or issues of direct local importance, impact, or benefit, or where the City of Orinda taking a position would be inordinately influential such as when a local legislative representative is the author or co-author of a measure, which in his or her opinion necessitates or warrants the City taking a position. In these limited instances, the City Manager or City Attorney may author a letter to be signed by the Mayor or Vice Mayor, as appropriate. The City Council shall copy any correspondence initiated through this process.

H.5.a
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Advocacy
Matters may still be considered by the City Council as a whole to express an official position of the City upon request of the City Manager or City Attorney or as part of the process for placing matters on the Council agenda by the City Council through the Matters Initiated process.

Once the City has taken a position on a legislative or other matter through either of the two options presented above, follow-up letters consistent with the original general position may be sent by the Mayor, Vice Mayor, City Manager, or City Attorney on behalf of the City in order to timely respond.

Individual City Council members may author letters supporting or opposing legislation, ballot measures, initiatives, or other issues of interest using City letterhead in their individual capacity, in which case language must be included that clearly states the correspondence does not reflect the official position of the City or the City Council as a whole.

This Request for Qualifications and Proposals is the next step in the process to possibly pursue a more robust level of legislative advocacy on an as needed basis.

C. General RFQ Submittal Information
The City’s designated staff will evaluate proposals received. During the review process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarification from those that submit proposals, or allow clarifications, corrections of errors, or omissions.

The City reserves the right to retain all proposals submitted. Submission of a proposal indicates the Proposer’s acceptance of the conditions contained in this RFQ, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the Proposer selected.

The preparation of the proposal will be at the total expense of the Proposer.

There is no expressed or implied obligation for the City to reimburse responding Proposers for any expense incurred in the preparation of proposals in response to this request. All proposals submitted to the City shall become property of the City and will not be returned. If any information in your proposal isconfidential and/or proprietary, please further submit a separate, redacted copy for servicing public records requests.

The proposer may submit an alternative proposal (or proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the proposer must provide an analysis of the advantages and disadvantages of each of the alternatives, and discuss under what circumstances the City would prefer one alternative to the other(s). If an alternative proposal is submitted, the maximum length of the proposal may be expanded proportionately by the number of alternatives submitted.

H.5.a
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Attachment: May 21, 2024 Staff Report (3394 : Townsend Public Affairs Legislative Advocacy Services Professional Services Agreement) CITY OF ORINDA RFQ – Leg
Advocacy
The City reserves the right to reject any or all proposals, in whole or part, to waive any informality in any proposal, and to accept the proposal which, in its discretion, is in the best interest of the City. Any proposer may withdraw his proposal, without obligation, at any time prior to the scheduled closing time for receipt of proposals. A withdrawal will not be effective unless made by e-mail or by telephonic notification received prior to the closing date. Proposals may later be referred to the City Council for appropriate action.

D. Proposal Submission Deadline
Proposals shall be submitted on or before:

Thursday, April 11, 2024, at 3:00 p. m. as follows:

Electronic Proposal* (preferred) David Biggs, City Manager [email protected]
OR
As Alternative (If Firm Prefers) A Hard Copy May Be Delivered:

David Biggs, City Manager
RE: RFQ RESPONSE
22 Orinda Way,
Orinda California 94563
For a complete list of the City’s contract terms and conditions, legal statements, and insurance requirements, please refer to the exhibits attached hereto.

D. RFQ Questions
Questions with regard to this RFQ should be submitted by e-mail to David Biggs, City Manager at [email protected].

In order to allow adequate time, Consultants are encouraged to submit any questions or clarifications in advance of the final due date. It is preferred that all requests, questions, or other communications regarding this RFQ shall be made in writing to the City via e-mail. Answers to substantive questions will be summarized and distributed by City staff to all Proposers without identifying the original source of the question. Firms should rely only on written statements issued by the City.

E. Schedule
The City reserves the right to make changes to the below schedule, but plans to adhere to the implementation of this RFQ process as follows:

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Attachment: May 21, 2024 Staff Report (3394 : Townsend Public Affairs Legislative Advocacy Services Professional Services Agreement) CITY OF ORINDA RFQ – Leg
Advocacy
RFQ Released: March 21, 2024
Proposals due: April 11, 2024, at 3:00pm (PST)
Finalists selected: May 1, 2024
Presentations/Interviews (if necessary): Week of May 13, 2024 Vendor selected: May 31, 2024
Contract Approval (City Council): June 18, 2024
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III. SCOPE OF SERVICES
The City of Orinda intends to obtain the services of a qualified firm to provide legislative advocacy consulting services as outlined below. Best industry practices and/or best management practices may require additional services not explicitly enumerated. The proposer should identify any additional services required, price them, and explain them in their response.

A. Project Scope

1. Review and continue to be informed of on anon-going basis, the City’s existing Strategic Priorities, Budget, Capital Improvement Program, and other documents, to become familiar with Orinda’s objectives, issues, and concerns, which may require future legislative advocacy assistance, communication and outreach vehicles and platforms and make recommendations as to the most effective tools.

2. Assist the City when requested on an as needed or task basis, with legislative advocacy on specific matters.

3. Identify and suggest opportunities where the City’s engagement in legislative advocacy may be beneficial.

4. Stayed informed on the City’s grant activities and engage as requested in support of those activities and as appropriate, identify the opportunities to do so on the City behalf.

IV. PROPOSAL OUTLINE TO BE SUBMITTED
The proposal shall be organized and submitted with the following elements:

A. Cover Page
B. Table of Contents
C. Executive Summary
Provide a brief summary describing the proposer’s ability to perform the work requested, a history of the proposer’s background and experience providing services, the qualifications of the proposer’s personnel to be assigned to this project, any subcontractor, sub consultants, and/or suppliers and a brief history of their background and experience, and any other information called for by this request for proposal which the proposer deems relevant, including restating any exceptions to this request for proposal. This summary should be brief and concise to apprise the reader of the basic services offered, experience and qualifications of the proposer, staff, subcontractors, and/or suppliers.

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Advocacy
D. Questionnaire/Response to Scope of Services
Proposer shall provide responses and information to fully satisfy a comprehensive response to the scope of services task listing. Please organize the response to items in Section V- Questionnaire, in the same order E. Attachments
The proposal shall be concise and to the point. Examples of previous work may be submitted as attachments, but will not necessarily influence the evaluation process.

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V. QUESTIONNAIRE
A. Company and General Information

1. Company name and address.

2. Letter of transmittal signed by an individual authorized to bind the respondent, stating that the respondent has read and will comply with all terms and conditions of the RFQ.

3. General information about the primary contact who would be able to answer questions about the proposal. Include name, title, telephone number and email address of the individual.

B. Qualifications and Experience of the Firm

1. Describe your firm’s history and organizational structure. Include the size of the firm, location of offices, years in business, organizational chart, name(s) of owner(s) and principal parties, and number and position titles of staff.

2. What is the primary business of the parent company and/or affiliates?

3. Which office(s) of your organization will have primary responsibility for managing this account? List the members of your team who will be responsible for providing the services and for ongoing support. Describe the duties of these team members.

4. Provide the estimated number of hours (weekly) for each consultant team member providing services.

5. What is your firm’s experience conducting the services requested? Describe comparable services performed by your firm in the last five years, including the number of accounts, scope of service, and their status.

6. Comment on other areas that may make your firm different from others.

C. Qualifications and Experience of Proposed Project Team

1. Describe the qualifications of staff proposed for the assignment, position(s) in the firm, and types and amount of equivalent experience. Be sure to include any municipal agencies they have worked with in the past three years and their level of involvement. A description of how overall supervision will be provided should be included.

2. Identify and provide the resume(s) of the personnel who will be assigned to this project.

H.5.a
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D. Questions/Response to Scope of Services

1. Describe the methods by which your firm will fulfill the services requested in the Scope of Services and subsequent sections.

2. Provide a statement of the service(s) that differentiate your firm from other respondents.

E. Fees

1. Provide your fees for the proposed services. Fee quotes should be detailed by service. If applicable, hourly billing rates by classification.

2. Outline billing and payment expectations, including timing and method of payment.

3. Describe any remaining fees not previously detailed in the above, i.e. for ad-hoc services and / or estimated reimbursable costs if any.

F. References
List the name, address and telephone number of references from at least three recent similar projects. Include a brief description of the work provided for each reference. California municipal or county projects are preferred. You may offer more than three recent similar projects if desired. The references should include the start date of the project, assigned personnel, and the date of completion for each project.

G. Implementation Schedule
Include a detailed implementation schedule with an estimated start date of July 1, 2024, and note key milestones and timelines for deliverables. Identify any assumptions used in developing the schedule.

H. Certificate(s) of Insurance
The City will require the successful Respondent (or Proposer) to provide Certificates of Insurance evidencing required coverage types and the minimum limits. See the attached City Draft Standard Agreement for more information on the City’s insurance requirements.

I. Standard City Professional Services Agreement
The City will require the successful company to execute a professional services agreement with the City. Please review the attached draft agreement and identify any questions, changes, or areas of concern in your proposal to the City. Any/all requests for changes to the agreement must be included with the responsive proposal. This includes the insurance provisions as outlined in the standard agreement. A company’s failure to respond with proposed changes to the draft agreement indicates their concurrence with its terms and conditions.

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Advocacy
VI. EVALUATION OF PROPOSALS
Proposals will be judged on the Proposer’s ability to provide services that meet the requirements set forth in this document. The City reserves the right to make such investigations as it deems necessary to determine the ability of the Proposer to provide services meeting a satisfactory level of performance in accordance with the City’s requirements. Interviews and presentations by one, several, or all of the Proposers may be requested by evaluators if deemed necessary to fully understand and compare the Proposer’s capabilities and qualifications. The adequacy, depth, and clarity of the proposal will influence, to a considerable degree, its evaluation.

Proposals will be evaluated on the basis of the following criteria, in no particular order:

1. Qualifications & Experience Section IV, B & C

2. Questions/Response to Scope of Services Section IV, D

3. Fees Section IV, E

4. References, Schedule & Required Forms Section IV, F – I As reflected above, contract award will not be based solely on price, but on a combination of factors as determined to be in the best interest of the City. After evaluating the proposals and discussing them further with the finalists, the City reserves the right to further negotiate the proposed work and/or method and amount of compensation.

Attachments:

A. Standard Services Contract
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Attachment: May 21, 2024 Staff Report (3394 : Townsend Public Affairs Legislative Advocacy Services Professional Services Agreement) 1 CITY OF ORINDA

SERVICES CONTRACT
Townsend Public Affairs (“Provider”) and the City of Orinda (“City”), a municipal corporation, agree as follows. City and Provider are sometimes individually referred to herein as “Party” and collectively as “Parties.”

1. Purpose of Contract.
a. City requires certain special services for the purpose of legislative advocacy services.
b. Provider is qualified to provide these services and is willing to provide them according to all of the terms of this agreement, including all insurance requirements set forth herein.

2. Duties of Provider.
a. Provider agrees to perform services described in Exhibit A, which is attached to this agreement and incorporated by this reference. Provider agrees to perform these services diligently in accordance with the standards of its profession and to City’s satisfaction.

Provider promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform the services described in this agreement.
b. The parties may, from time to time, agree in writing that Provider, for additional compensation, shall perform additional services. c. Provider shall assign only competent personnel to perform services pursuant to this agreement. Provider shall notify City in writing of any changes in Provider’s staff assigned. City may, in its sole discretion, determine that a person assigned to perform services is not performing in accordance with the standards required herein. If the City makes such a determination, Provider shall replace such person immediately.

3. Time of Performance.
a. This agreement shall not be effective and no payments shall be made to Provider until:
(i) City has received satisfactory evidence that Provider has met all of the insurance requirements, and
(ii) All required signatures have been obtained.
b. The effective date of this agreement shall be the date on which the last signature is affixed or on receipt of satisfactory evidence of insurance, whichever is later.

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Attachment: Townsend Professional Services Contract (3394 : Townsend Public Affairs Legislative Advocacy Services Professional Services 2 c. The services of Provider shall begin no sooner than the effective date and shall continue until all work is approved by City. All work shall be completed no later than June 30, 2025.

4. Compensation.
a. City agrees to pay Provider at the rates described in Exhibit A, not to exceed a maximum contract price of $60,000 for all services performed under this agreement. b. Provider shall bill City on a monthly basis for work done in the preceding month. The billings shall contain, as a minimum, total hours worked on the project by position, hourly rates, total amount due for the period and a contract payment status summary showing total billed to date compared to total authorized contract amount. In addition, Provider shall describe work that was completed during the monthly billing period both in qualitative terms (e.g., listing project activities) and in quantitative terms (e.g., scope of work completion percentage). City, at its sole discretion, shall evaluate the billing and determine whether or not the amount billed is commensurate with the state of completion of the work. If City determines that the amount billed exceeds the status of completion of either an individual task or the entire project, then City may reduce the amount of the progress payment accordingly. c. The parties shall agree in writing to any changes in compensation due to changes in Provider’s services prior to performance of those changed services. d. To the extent that Provider’s insurance documentation is not in compliance with the requirements of this agreement and the City Attorney is required to intervene to explain and obtain the proper documentation from Provider’s insurer, the cost of the City Attorney’s services will be deducted from the contract price to which Provider would otherwise be entitled under the terms of this agreement.

5. Provider Status.

Provider is an independent contractor and is solely responsible for its acts and omissions. Provider is not City’s agent, employee or representative for any purpose. Provider has no power to incur any debt, obligation, or liability on behalf of City. Provider shall direct and control its personnel and shall pay all wages, salaries, and other amounts due such personnel in connection with this agreement and as required by law. Provider is responsible for all reports and obligations respecting such personnel. Provider shall pay of all taxes, fees, contributions or charges applicable to the conduct of Provider’s business, and shall provide City with proof of compliance upon request.

6. Conflict of Interest.

Provider understands that its professional responsibility is solely to City. Provider warrants that it presently has no interest, and will not acquire any direct or indirect interest, that would conflict with its performance of this agreement. Provider shall not employ a person having such an interest in the performance of this agreement.

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Attachment: Townsend Professional Services Contract (3394 : Townsend Public Affairs Legislative Advocacy Services Professional Services 3 Provider and its agents or employees working under this agreement shall submit statements of economic interest under the Political Reform Act (Government Code section 81000 et seq.) if requested to do so by City.

7. Work Product, Intellectual Property and Records.

All documents furnished to Provider by City and all reports or work product (including electronically stored documents) prepared by Provider under this agreement are City’s property and shall be given to City at the completion of Provider’s services without restriction or limitation on use or dissemination by City. Provider grants City a royalty-free, exclusive and irrevocable license to reproduce, publish and use all original computer programs, writing, sound recordings, pictorial reproductions, diagrams, charts, computations, drawings and other works of similar nature produced in the course of the performance of this agreement. Provider shall not publish any such material without the prior written consent of City.

Provider represents and warrants that it has the legal right to utilize all intellectual property it will utilize in the performance of this agreement. Provider further represents that it shall ensure City has the legal right to utilize all intellectual property involved in and/or resulting from Provider’s performance of this agreement.

In the performance of this agreement, Provider may be given access to confidential City information. Provider shall hold any such information in confidence.

Provider shall maintain and make available to City accurate books and accounting records relating to its work under this agreement. Provider will permit City to audit, examine and make excerpts and transcripts from such books and records, and to make audits of all invoices, materials, payrolls, records or personnel and other data related to all other matters covered by this agreement, whether funded in whole or in part under this agreement. Provider shall maintain such data and records in an accessible location and condition for a period of not less than three years after final payment under this agreement or until after final audit has been resolved, whichever is later.

8. Assignment; Subcontracts.

Provider’s services are considered unique and personal. Provider shall not assign or transfer its interest or obligation under this agreement without City’s prior written consent.

Provider shall not subcontract its duties under this agreement without City’s prior written consent. Any attempt to do so shall be null and void, and any assignees, subcontractors or transferees shall acquire no right or interest by reason of such attempted assignment, subcontracting or transfer.

9. Licenses and Compliance with Laws.

Provider represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals legally required for Provider to practice its profession and/or provide services under this agreement. Provider shall, at its sole cost and expense, keep in effect such licenses, permits, qualifications, insurance, and approvals at all times during the H.1.b
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Attachment: Townsend Professional Services Contract (3394 : Townsend Public Affairs Legislative Advocacy Services Professional Services 4 term of this agreement. Provider shall keep itself fully informed of and in compliance with all applicable laws affecting its performance under this agreement.

10. Insurance Types and Limits.

Provider shall procure and maintain for the duration of this agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with its performance under this agreement. Coverage shall be at least as broad as:
a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury and advertising injury, with a limit of no less than $1 million 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.
b. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Provider has no owned autos, Code 8 (hired) and 9 (nonowned), with a limit of no less than $1,000,000 per accident for bodily injury and property damage.
c. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Workers’ Compensation insurance will not be required if Provider furnishes to City a written verification that it has no employees. d. Professional Liability (Errors and Omissions) Insurance appropriate to the Provider’s profession, with a limit of no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
e. If Provider maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by the contractor.

11. Additional Insurance Requirements.

The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: City, its officers, officials, employees, and volunteers are to be covered as insureds on the Auto Liability policy and on the Commercial General Liability policy.
b. Primary Coverage: For any claims related to this agreement, Provider’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of the Provider’s insurance and shall not contribute with it.

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Attachment: Townsend Professional Services Contract (3394 : Townsend Public Affairs Legislative Advocacy Services Professional Services 5 c. Notice of Cancellation. Provider shall not cancel, assign, or change any policy of insurance required by this agreement or engage in any act or omission that will cause its insurer to cancel any insurance policy required by this agreement except after providing 30 days prior written notice to the City. If an insurance policy required by this agreement is unilaterally cancelled or changed by the insurer, the Provider shall immediately provide written notice to the City and obtain substitute insurance meeting the requirements of this agreement.

Nothing in this subsection relieves Provider of its obligation to at all times maintain all insurance required by this agreement.
d. Waiver of Subrogation: Provider hereby grants to City a waiver of any right to subrogation which any insurer of Provider may acquire against City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer. e. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City. City may require Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
f. 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 City. g. Claims Made Policies: If any of the required policies provide coverage on a claims-made basis:
(i) The retroactive date must be shown and must be before the effective date of this agreement or the beginning of work, whichever is earlier.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the of work. (iii) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date/beginning of work. Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
h. Subcontractors: Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. i. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

12. Verification of Insurance.

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Attachment: Townsend Professional Services Contract (3394 : Townsend Public Affairs Legislative Advocacy Services Professional Services 6 Provider shall furnish City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required herein.

Such evidence of insurance shall be attached hereto as Exhibit B and considered an integral part of this agreement, which shall not become effective until satisfactory evidence of insurance has been received by City. All evidence of insurance must be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Provider obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

13. Indemnification.

To the fullest extent allowed by law, Provider shall defend, indemnify and hold harmless City and its officers, employees, agents and volunteers from and against any and all liability, claims, suits, losses, injuries, damage, demands, expenses and costs (including, without limitation, attorney fees and expert fees) arising out of, pertaining to or relating to the negligence, recklessness, or willful misconduct of Provider in the performance of this agreement.

Provider shall not be obligated to indemnify City against liability arising from the sole negligence or willful misconduct by City. The provisions of this section survive termination of this agreement.

14. Equal Employment Opportunity.

Provider is an equal opportunity employer and agrees to comply with applicable regulations governing equal employment opportunity. In the performance of this agreement, Provider shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability or medical condition.

15. Notices.

Any notice to be given under this agreement shall be in writing and addressed to the parties as follows:

City
City Manager
City of Orinda
22 Orinda Way
Orinda, CA 94563
Provider
Townsend Public Affairs
1401 Dove Street, Ste. 330
Newport Beach, CA 92660
Christopher Townsend

16. Litigation.

If either party brings an action to enforce this agreement, the prevailing party is entitled to reasonable attorney fees and costs (including, but not limited to, expert witness fees and discovery costs).

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Attachment: Townsend Professional Services Contract (3394 : Townsend Public Affairs Legislative Advocacy Services Professional Services 7 17. Waivers.

Waiver of a breach or default under this agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this agreement.

18. Modification.

No waiver, modification or termination of this agreement is valid unless made in writing.

19. Severability.

If any provision of this agreement is held invalid by a court of competent jurisdiction, the remainder of this agreement shall remain in effect to the greatest extent permitted by law.

20. Termination.
a. Termination Without Cause: At any time and without cause, either party may terminate this agreement by giving 10 days written notice. In the event of such termination without cause, City shall pay Provider for services rendered to date and Provider shall deliver to City any work product, whether complete or incomplete.
b. Termination For Cause: In the event of Provider’s substantial failure to meet its obligations under this agreement, City may elect to give Provider 10 days written notice and an opportunity to cure. If Provider has not cured the defects in its performance within 10 days, City may terminate the agreement for cause. City shall then pay Provider for services satisfactorily rendered to date and Provider shall deliver to City any work product, whether complete or incomplete.
c. Suspension: City may, at any time, temporarily suspend Provider’s performance, in whole or in part, by giving a written notice of suspension to Provider. If City gives such notice, Provider shall immediately suspend its activities under this agreement as specified.

21. Entire Agreement.

This agreement, together with its attachments, sets forth the entire understanding between the Parties and supersedes any oral or written understanding they may have had prior to the execution of this agreement. No other contract, statement, or promise relating to the subject matter of this agreement shall be valid or binding.

22. Governing Law and Venue.

The formation, interpretation, and performance of this agreement shall be governed by the laws of the State of California. Venue for all litigation relative to the formation, interpretation and performance of this agreement shall be in Contra Costa County.

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Attachment: Townsend Professional Services Contract (3394 : Townsend Public Affairs Legislative Advocacy Services Professional Services 8 23. Authority to Enter Agreement.

Provider has all requisite power and authority to conduct its business and to execute, deliver, and perform the agreement. Each Party warrants that the individuals who have signed this agreement have the legal power, right, and authority to make this agreement and bind each respective Party.

24. Successors and Assigns.

This agreement shall be binding on the successors and assigns of the Parties.

25. Headings and Construction.

Headings appearing herein are descriptive only and for convenience in reference to this agreement. References to Provider include its agents, servants, and employees.

References to City include its officers, employees, agents, and volunteers.

City of Orinda
__________________________________
City Manager Date
Attest
___________________________________
City Clerk
Approved as to form
___________________________________
City Attorney
Townsend Public Affairs
__________________________________
Date
__________________________________
President
__________________________________
Christopher Townsend
Attachments:

Exhibit A – Proposal Documents: Scope of Services, Hourly Rates and Payment Schedule Exhibit B – Evidence of Insurance: Certificates, Endorsements and Policy Language H.1.b
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Attachment: Townsend Professional Services Contract (3394 : Townsend Public Affairs Legislative Advocacy Services Professional Services EXHIBIT A – PROPOSAL DOCUMENTS: SCOPE OF SERVICES, RATES AND PAYMENT SCHEDULE

QUESTIONS/RESPONSES TO SCOPE OF SERVICES
TPA will utilize the following strategic and comprehensive approach to provide state and federal legislative advocacy services to the City.
• Conduct Detailed Orientation: TPA will utilize a continuation of our comprehensive onboarding process that includes extensive meetings with various relevant members of City leadership and key City departments to help develop a strategic plan that is carefully tailored to satisfy the needs of the City and is designed for maximum success in the current political climate and funding environment.
• Develop Legislative Strategy: Utilizing the information gathered during the onboarding process, TPA will coordinate with the City to develop an official legislative platform and strategy that represents the City’s priorities in Sacramento and Washington, DC. This blueprint will be shared with key stakeholders in the State Legislature and Governor’s Administration as well as Congress and the Biden Administration.
• Implement the Legislative Strategy: TPA will advocate for the City’s legislative agenda utilizing the following methods:
o Build and Strengthen Relevant Relationships: TPA has cultivated a network of valuable relationships that will be leveraged to promote the City’s legislative agenda.

These relationships include key officials in Sacramento and Washington, DC:

State Legislature Leadership:
• Senator Steven Glazer
• Assembly Member Rebecca BauerKahan
Governor’s Administration and Agency
Leadership:
• Governor Gavin Newsom
 Executive Secretary Dana
Williamson
 Senior Counselor Jason Elliott
 Hafsa Kaka, Senior Advisor on
Homelessness
• Lieutenant Governor Eleni
Kounalakis
• State Treasurer Fiona Ma
• State Controller Malia Cohen
• Attorney General Rob Bonta
• Superintendent of Public Instruction
Tony Thurmond
• Secretary Wade Crowfoot, Natural
Resources Agency
• Secretary Toks Omishakin,
California State Transportation
Agency
• Secretary Amelia Yana Garcia
Gonzalez, California Environmental
Protection Agency
• Secretary Tomiquia Moss, Business,
Consumer Services, and Housing
Agency
• Director Armando Quintero,
Department of Parks and Recreation
• Director Karla Nemeth, Department
of Water Resources
• Director Joe Stephenshaw,
Department of Finance
• Director Gustavo Velasquez,
Department of Housing and
Community Development
State Legislative Leadership:
• Senate President Pro Tempore
Mike McGuire
• Senate Majority Leader Lena
Gonzalez
• Senate Republican Leader Brian
Jones
• Assembly Speaker Robert Rivas
• Assembly Speaker Pro Tempore
Jim Wood
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Attachment: Townsend Professional Services Contract (3394 : Townsend Public Affairs Legislative Advocacy Services Professional Services

QUESTIONNAIRE/RESPONSE
• Assembly Majority Leader Cecilia
Aguiar-Curry
• Assembly Republican Leader
James Gallagher
Key Legislative Committee Leadership
• Senate Appropriations Chair Anna
Caballero
• Senate Budget Chair Scott Wiener
• Senate Human Services Committee
Chair Marie Alvarado-Gill
• Senate Transportation Committee
Chair Dave Cortese
• Senate Natural Resources and
Water Committee Chair Dave Min
• Senate Public Safety Committee
Chair Aisha Wahab
• Assembly Transportation Committee
Chair Lori Wilson
• Assembly Appropriations Chair Buffy
Wicks
• Assembly Budget Chair Jesse
Gabriel
• Assembly Local Government
Committee Chair Juan Carrillo
• Assembly Housing and Community
Development Committee Chair Chris
Ward
• Assembly Water, Parks, and Wildlife
Committee Chair Diane Papan
Federal Legislative Leadership:
• Senator Alex Padilla
• Senator Laphonza Butler
• Representative Mark DeSaulnier
President’s Administration & Federal
Agencies:
• U.S. Army Corps of Engineers
• U.S. Department of Agriculture
• U.S. Department of Commerce
o Economic Development
Agency
o National Telecommunications
and Information Administration
• U.S. Department of Education
• U.S. Department of Energy
• U.S. Department of Health and
Human Services
• U.S. Department of Homeland
Security
o Federal Emergency
Management Agency
• U.S. Department of Housing and
Urban Development
• U.S. Department of the Interior
o National Park Service
o Bureau of Reclamation
• U.S. Department of Justice
o COPS Office
o Office of Justice Programs
• U.S. Department of Labor
• U.S. Department of Transportation
o Office of the Secretary
o Federal Highway
Administration
o Federal Transit Administration
o Federal Railroad Administration
o Federal Aviation Administration
o Build America Bureau
• U.S. Environmental Protection
Agency
• U.S. Interagency Council on
Homelessness
• National Aeronautics and Space
Administration
Key Congressional Legislative
Committees:
• Senate Appropriations Committee
• Senate Commerce, Science, and
Transportation Committee
• Senate Environment and Public
Works Committee
• House Appropriations Committee
• House Transportation and
Infrastructure Committee
o Leverage Relationships for Strategic Advocacy Plan: TPA will engage various techniques to leverage our network of key relationships on behalf of the City:
 Schedule meetings for the City to discuss relevant legislation  Prepare all briefing materials and talking points for the City H.1.b
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Attachment: Townsend Professional Services Contract (3394 : Townsend Public Affairs Legislative Advocacy Services Professional Services

QUESTIONNAIRE/RESPONSE
 Brief legislative offices and stakeholders on the City’s legislative agenda  Follow-up on meetings to ensure commitments and deliverables are being met o Coordinate Advocacy Trips: TPA will work with the City to coordinate advocacy trips to Sacramento and Washington, DC to meet with the City’s legislative delegation, as well as legislators that serve on committees relevant to the City’s agenda.

Furthermore, whenever possible, TPA will also schedule site visits by legislators to the City.

For advocacy trips to Washington, DC, TPA will handle all details of the trip, including, but not limited to:
 Planning and scheduling of meetings
 Providing logistical support, including airport pickups, hotel pickups, travel to and from meetings
 Providing access to a private office within walking distance to the Hill and with immediate access to the Metro
 Coordinating all meal reservations, including scheduling with key members to attend
 Access to the National Democratic Club
 Access to the Capitol Hill Club (National Republican Club of Capitol Hill)  Organizing any additional activities of interest (White House tour, VIP Capitol Tour, Monument Tour, African American Museum tickets, etc.) o Track Legislation: TPA will identify, analyze, and monitor all bill introductions and amendments relevant to the City’s legislative platform and assess their potential impact on the City.
o Craft Testimony and Position Letters: TPA will prepare and submit written and verbal testimony regarding legislation relevant to the City. TPA will also draft and deliver position letters to legislators and key officials on specific bill language. o Draft Bill Language: TPA will draft language and amendments for relevant legislation, as required to protect and promote the City’s agenda.
o Engage in the Rule-Making Process: TPA will coordinate with the City to engage during the federal rule-making process to ensure the City’s legislative agenda is being promoted and protected in Washington, DC. Engagement activities will include crafting and publishing public comments and contacting legislators to convey either support or opposition to the proposed rule.
o State Budget Funding Opportunities: To maximize state funding, TPA will work with the City to identify projects and other funding priorities that may be suitable for funding through the State Budget. TPA will coordinate with the City to develop supporting materials for the budget request. TPA will also work with members of the City’s state legislative delegation, along with the Assembly and Senate Budget Committees, to gain support for the inclusion of the City’s project in the final State Budget approved by the Legislature.

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Attachment: Townsend Professional Services Contract (3394 : Townsend Public Affairs Legislative Advocacy Services Professional Services

QUESTIONNAIRE/RESPONSE
o Federal Earmark Opportunities: To maximize federal funding, TPA will work with the City to identify projects and other funding priorities that may be suitable for funding through the Federal Earmark process. TPA will coordinate with the City to develop supporting materials for the earmark request. TPA will also work with members of the City’s federal legislative delegation to gain support for the inclusion of the City’s project.
o Engagement in Grant Activity TPA will stay informed on the City’s grant activities and as requested, TPA will engage in support of those activities. TPA will also identify relevant funding opportunities on behalf of the City.
• Provide Progress Reports: TPA will confer regularly with the City on our activities. TPA will provide timely electronic reports on the status of all legislative activity, such as bill language, amendments, and committee analyses. In addition to written reports, TPA will be available to the City for conference calls, in-person briefings, and meetings. • Prepare and File Lobbying Disclosure Reports: TPA will prepare and file, on behalf of the City, all applicable state and federal lobbying disclosure reports.

TPA state and federal advocates diligently work to build and leverage relevant relationships, coordinate with stakeholders, monitor and analyze legislation, implement quality control measures, and maintain consistent communications to identify and pursue all legislative opportunities relevant to the City’s interests. TPA will rely on City staff for specific timely engagement on legislative issues throughout the state and federal legislature processes, as well as to provide applicable technical project information for legislative-directed spending opportunities. However, TPA will work to reduce the burden on City staff while implementing its state and federal legislative agendas. This approach enables the TPA team to be an extension of City staff, ensuring that both TPA and the City continue to work together seamlessly to secure legislative successes in the current political and funding environments in Sacramento and Washington, DC.

TPA’s team of 17 state and federal legislative advocates has the capacity to work collaboratively and diligently to pursue multiple opportunities on behalf of the City at any given time. As a firm comprised of both legislative advocates and grant writers, our uniquely comprehensive approach to advocacy ensures that no opportunity is missed, and the City is aware of any and all legislative and funding activity occurring at the state and federal levels. Through consistent communication and proactive engagement, TPA’s team of advocates will be able to quickly respond to legislation, coordinate with City staff, and implement the appropriate advocacy strategies within the timeframes of the City, state, and federal governments.

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Attachment: Townsend Professional Services Contract (3394 : Townsend Public Affairs Legislative Advocacy Services Professional Services

QUESTIONNAIRE/RESPONSE
RATES
ALL-INCLUSIVE RETAINER:

TPA’s standard billing practice entails invoicing clients at the commencement of each month for services anticipated to be rendered within that same month. Traditionally, TPA asks clients to be on Net 30 terms. The firm accepts many forms of payment including, but not limited to, mailed checks or electronic funds transfers. TPA will work with the City’s accounting team to determine a solution that is mutually beneficial.

The proposed fee for services is all-inclusive and therefore, TPA does not propose any fees for ad-hoc services or reimbursable costs.

DESCRIPTION OF SERVICES MONTHLY FEE
State & Federal Legislative Advocacy Services $5,000*
• Conduct Detailed Orientation Included
• Develop Legislative Strategy Included
• Implement the Legislative Strategy Included
• Build and Strengthen Relevant Relationships Included
• Leverage Relationships for Strategic Advocacy Plan Included • Coordinate Advocacy Trips Included
• Track Legislation Included
• Craft Testimony and Position Letters Included
• Draft Bill Language Included
• Engage in the Rule-Making Process Included
• State Budget Funding Opportunities Included
• Federal Earmark Opportunities Included
• Engagement in Grant Activity Included
• Provide Progress Reports Included
• Prepare and File Lobbying Disclosure Reports Included *The monthly fee includes all reasonable business and travel expenses.

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Attachment: Townsend Professional Services Contract (3394 : Townsend Public Affairs Legislative Advocacy Services Professional Services 10 Exhibit B
Evidence of Insurance: Certificates, Endorsements and Policy Language (pages attached)
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Attachment: Townsend Professional Services Contract (3394 : Townsend Public Affairs Legislative Advocacy Services Professional Services City Council
Staff Report
Agenda Item: H.2
Date: July 2, 2024
Department:

Public Works and
Engineering Services
AGENDA TITLE: Consideration of Options for Completion of Crossroads Mini Park (CIP project #4103)
RECOMMENDATION:

Receive Report, Discuss, and Provide Direction, if any.

BACKGROUND:

At their June 18, 2024 meeting, City Council considered adoption of the mid-cycle update of the CIP (capital improvement plan). The update was adopted, but without any changes to subject project, CIP # 4103. City Council requested that Staff return with a stand-alone item on the agenda to discuss the best way to proceed with completion of this project.

DISCUSSION:

This project was first proposed in 2013. In May 2014, the City executed a professional services contract with David Gates and Associates for the conceptual design phase of Crossroads Park. Gates and Associates, along with City staff, presented an initial design for Crossroads Park to the City Council in September 2015. The Council felt the scope and expense of the plan was excessive and instructed staff to return with a scaled down version of the design. In June 2016, the Council approved a conceptual “baseline” design and amended the original design contract to include funding based on the cost to develop construction drawings.

The park is on land owned by PG&E and leased by the City. In 2019 PG&E informed the City that they would remove the eight redwood trees in the Park due to regulations regarding vegetation under transmission lines. These trees provided a visual buffer between Crossroads Park and its adjacent properties, and also blocked the lower portion of the transmission pole, as shown in Attachment A.

Since that time, Staff has worked with PG&E to renew the lease, which was approved by City Council at their December 14, 2021 meeting. The lease term is 25 years and has various requirements, including height limitations for trees (10 feet) and signs or art displays (8 feet). The park design is subject to PG&E requirements such as prohibition of metal components in signage, and subject to PG&E review.

At their October 22, 2019 meeting, City Council approved an updated design concept of the park and an amendment to the design services contract (see Attachment B for the staff report). That concept included a gateway sign, realignment of the walkway in the park and modification of the fountain to include an optional rock water feature. Staff has H.2
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continued to work with Parks & Recreation Commission and the Arts in Public Places Committee to consider designs and gateway signage. The current proposed sign is a mosaic tile sign, approximately 30 ft. long by up to 4’-8” tall as shown in Attachment C.

Staff was advised by the Orinda Community Foundation (OCF) in 2023 that they were reducing their funding/donation for this project from $200,000 to $50,000. Therefore, the current budget was reduced by that amount, as shown in the table below. To complete the project in accordance with the concept design approved in October 2019, additional funding of $450,000 would be needed as shown below. Although Fund 700 is shown as the source of additional funding, City Council may direct staff to utilize other funds, subject to fund restrictions. Note that the cost estimate excludes the optional rock water feature but includes the latest gateway sign feature. The budget shown below is for FY 24/25.

Fund Current budget * Proposed budget * Notes
240/Park Dedication 60,000 60,000
262/Other Grants 50,000 150,000 OCF & Garden Club
700/Cap Improvement 350,000
Totals $110,000 $560,000
* does not include prior expenditures of $85,000, utilized for design services to date, fountain repairs and some plant replacements
Attachment D is a draft CIP detail page, showing these revised costs. The overall project cost, including design work to date and certain interim landscaping upgrades, is $645,000.

NEXT STEPS:

Depending on City Council direction, Staff will work with Gates & Associates to modify or complete plans and specifications, and request PG&E review of the plans. Upon completion of this process, Staff will then solicit bids for construction.

FISCAL IMPACT:

Depending on City Council direction, Staff will revise budget and appropriate funds as directed.

ATTACHMENTS:

A. Oct 2018 view of mini park
B. CCSR -2019-10- 22 Crossroads Mini Park Concept Design Approval C. Orinda Crossroads Gateway Sign
D. Plan-It Project Detail 4103 6-5-2024
Respectfully Submitted by:

Scott Christie
Public Works Director
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Prepared By: Scott Christie, Public Works Director
Approved by:

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Attachment: Oct 2018 view of mini park (3391 : Crossroads Park) City Council
Staff Report
Agenda Item: H.3
Date: October 22, 2019
Department: Parks and Recreation
AGENDA TITLE: Approval of Conceptual Design for Crossroads Park (Mini Park) as recommended by the Parks and Recreation Commission and Public Works Aesthetic Review Committee.

RECOMMENDATION:

Staff recommends the City Council receive the staff report regarding a proposed design concept for Crossroads Park and provide direction on whether to amend the contract between the City of Orinda and David Gates and Associates to complete the conceptual drawings, provide construction documents, and undertake construction support services and authorize the City Manager to sign Amendment No. 2 of the contract for $38,000 and authorize the City Manager to approve using up to an additional $5,000 in contingency.

BACKGROUND:

The adopted Capital Improvement Plan includes improvements to the Orinda Mini Park / Crossroads Park (Project #4103). This project was proposed and approved in 2013. In May 2014, the City executed a professional services contract with David Gates and Associates for the conceptual design phase of Crossroads Park. Gates and Associates, along with City staff, presented an initial design for Crossroads Park to the City Council in September 2015. The Council felt the scope and expense of the plan was excessive and instructed staff to return with a scaled down version of the design. In June 2016, the Council approved a conceptual “baseline” design and amended the original design contract to include funding based on the cost to develop construction drawings.

Activity on this project was delayed with several transitions in City staffing, along with the Miner Road emergency. In the spring of 2017 the Parks and Recreation Director was approached by the Orinda Community Foundation with an offer of supplementary funding totaling $200,000 and a desire to propose a new conceptual design that was more significant than the baseline. The City worked with the Landscape Architect for the additional design adjustments. To date, the City has paid $34,068 in design costs. The City costs have been funded from Park Dedication Fees.

In the spring of 2019 PG&E informed the City that they would remove the eight redwood trees which provided a visual buffer between Crossroads Park and its adjacent properties. The park is on land owned by PG&E and leased by the City. Removal of the trees was required due to regulations regarding vegetation under transmission lines.

This project would reduce the visual impact of the tree removal and replace the planted material, irrigation, hardscape, and fountain.

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Attachment: CCSR -2019-10- 22 Crossroads Mini Park Concept Design Approval (3391 : Crossroads Park) Since December 2017, several joint meetings with the Parks and Recreation Commission and the Public Works Aesthetic Review Committee have been held, the most recent occurring on September 11, 2019. The Orinda Community Foundation was also represented at most joint meetings, including the September 2019 meeting. The joint meetings ultimately solidified direction for the modified design.

DISCUSSION:

If the City proceeds with the preparation of Construction documents, the process will provide additional opportunities for City Council approval, such as the authorization to solicit bids and the award of the construction agreement.

Based on preliminary construction cost estimates, including contingency, the project cost is estimated to exceed appropriated funding by approximately $70,000. Certain design features, such as the water feature, are not included in this cost estimate.

However, optional elements could be identified as bid alternates or could be included at a later date if funds are identified. For preliminary cost estimates two options are presented: 1) A water feature; OR 2) a pad for Public Art display. If additional funds are necessary for the main project, or for bid alternates, the Orinda Community Foundation has expressed a willingness to increase its original $200,000 donation by as much as $75,000 if the City will offer a matching amount. As design moves forward and costs become more definitive, staff may need to present to the City Council a revised funding proposal for construction and/or a change in elements included in the final project.

The total appropriation included in the adopted CIP is $250,000, funded by $50,000 from Park Dedication Fees for Project design and $200,000 from the Orinda Community Foundation for the construction of improvements. Based on the latest information the following is a more detailed breakdown of the preliminary project cost estimate.

Preliminary Project Cost Estimate October 2019
Design / Project Management
Design / Construction Documents $43,000
Construction Admin/Inspection $30,000
Sub-total Design / Admin / Inspection $73,000
Base Project Construction Estimate
Concrete and landscape demo $39,000
Concrete $46,900
Landscape $47,500
Irrigation $23,000
Entry Sign $30,000
Utilities $20,000
Contingency (20%) $41,280
Subtotal Base Construction $247,680

PROJECT TOTAL
(Without Optional Items) $320,000
Optional Elements (Only one would be selected)
Water Feature $50,000
Art Pad $10,000
Subtotal Optional Elements $10,000 - $50,000
GRAND TOTAL (With Options) $330,000 - $370,000
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Attachment: CCSR -2019-10- 22 Crossroads Mini Park Concept Design Approval (3391 : Crossroads Park) Gates and Associates has provided master plan design and development services to the City under its contract since 2014 for Crossroads Park. The original contract was for up to $35,000 in services. Therefore, in order to continue utilizing the services of Gates and Associates it is necessary to amend the services contract. The additional costs for the services mentioned above are estimated to be $43,000, including contingency.

The pursuit of this project will also require a renewal of the lease with PG&E. The City Attorney is prepared to pursue the lease renewal and staff has remained in regular contact with PG&E before, during and after the removal of the redwood trees. PG&E has agreed to provide a Letter of Non-Objection to allow the park renovation to occur.

However, PG&E will require the lease to be officially renewed prior to the installation of the entry sign.

At this time, Staff is requesting direction from the City Council regarding the conceptual design and approval to proceed with a contract amendment with Gates and Associates that will: 1) complete the conceptual design revision; 2) develop construction drawings for bidding purposes; and 3) allow for construction support services for Crossroads Park upon award of a construction agreement by the City Council.

NEXT STEPS:

Depending on City Council direction, staff will prepare Contract Amendment No.2 with Gates and Associates for the City Manager’s approval.

FISCAL IMPACT:

The original contract amount for master plan design and development services was $35,000. The amount of the proposed Amendment No. 2 is approximately $43,000, including a contingency. The amended total contract amount will be approximately $78,000. The costs charged by Gates and Associates will be charged directly to Capital Improvement Plan Project #4103 utilizing Park Dedication Funds and will not increase General Fund appropriations. The current Year Budget appropriated $50,000 in Park Dedication Funds so no adjustment to the budget will be required.

ATTACHMENTS:

A. Conceptual Layout and Landscape Character for Design Concept B. Fountain Detail
Respectfully Submitted by:

Todd Trimble
Director of Parks and Recreation
Prepared By: Sheri Smith, City Clerk
Approved by:

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Attachment: CCSR -2019-10- 22 Crossroads Mini Park Concept Design Approval (3391 : Crossroads Park) H.2.b
Packet Pg. 100 Attachment: CCSR -2019-10- 22 Crossroads Mini Park Concept Design Approval (3391 : Crossroads Park)

ORINDA MINI PARK
Orinda, California
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Packet Pg. 101 Attachment: CCSR -2019-10- 22 Crossroads Mini Park Concept Design Approval (3391 : Crossroads Park) conceptual design

CAMINO PABLO
ORINDA M ini p ark
2 Transmission pole
Small evergreen
screen trees
Landscaped berm
Existing concrete to remain
New concrete paving
Art piece or Low flow fountain
Screening shrubs
Stones for relocated plaques
Orinda gateway signage
Low accent planting
Optional low concrete wall
0 10 20 40
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Packet Pg. 102 Attachment: CCSR -2019-10- 22 Crossroads Mini Park Concept Design Approval (3391 : Crossroads Park) landscape character
ORINDA M ini p ar k 3
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Packet Pg. 103 Attachment: CCSR -2019-10- 22 Crossroads Mini Park Concept Design Approval (3391 : Crossroads Park)

WATER FEATURE
SCALE: 1/2" = 1'-0"

WATERPROOF

CONCRETE WALL

FOUNTAIN BASE

WATERPROOF CONCRETE TOPPING SLAB,
SLOPED TOWARDS VAULT AT 1%.

COLOR AND FINISH TO MATCH GRANITE
GRANITE BOULDER, TYP.

COLOR: ACADEMY BLACK
FINISH: NATURAL SPLIT, SAWN AND THERMAL

SUPPLY LINE
LA PAZ OR FRACTURED GRANITE STONES (1.5"-2")
#5 REBAR AT 12" O.C. BOTH WAYS
NON SHRINK GROUT.

SAKRETE NS CONSTRUCTION

GROUT OR EQUAL
1" SOLID SS DOWEL. EPOXY SET.

1.5" CORE DRILL
DRAIN

WATER SUPPLY

ELECTRICAL CONDUIT

PEDESTRIAN CONCRETE

PAVEING

SUMP VAULT

STAINLESS STEEL METAL GRATE AND
FRAME. ANCHOR TO CONCRETE
WITH 3/8" X 3" STAINLESS STEEL
EXPANSION ANCHORS.

SUBMERSIBLE PUMP
±2" POOL OF WATER
1 L3.2
1% 1%
30 MM PVC LINER
1" MORTAR BED, TYP. 8"
8" 8"
+/- 4'
SAWN BOTTOM, TYP.

HEIGHT VARIES PER PLAN +/- 10'
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Packet Pg. 104 Attachment: CCSR -2019-10- 22 Crossroads Mini Park Concept Design Approval (3391 : Crossroads Park) H.2.c
Packet Pg. 105 Attachment: Orinda Crossroads Gateway Sign (3391 : Crossroads Park) Draft
Capital Improvement Plan
City of Orinda, California Contact Parks & Recreation (925)254- '23/'24 '28/'29 thru
Department PARKS & RECREATION
Description
In the spring of 2019 PG&E removed the redwood trees (approximately 8 trees) which provided a visual buffer between the Mini-Park and its adjacent properties. The Mini Park area is on land owned by PG&E and leased by the City, and PG&E will not allow congregation (no benches etc.). Landscape design includes new monument signage. Partial funding for the project is from park dedication fees, the Orinda Community Foundation, and potential donations from the Orinda Garden Club.

Project # 4103
Justification
Removal of the trees was required due to new regulations regarding vegetation under electric transmission lines. This project will reduce the visual impact of the tree removal, replace the planted material and upgrade irrigation and add monument signage. The pathway thorough the Park will be upgraded and constructed to accessibility standards.

Useful Life 15
Project Name Mini Park (Crossroads Park) Category PARK IMPROVEMENTS Type IMPROVEMENTS
Total Project Cost: $645,000
Expenditures '23/'24 '24/'25 '25/'26 '26/'27 '27/'28 '28/'29 Total 7125 Design Contracts 30,000 30,000
7127 Construction Costs 470,000 470,000
7126 Construction 60,000 60,000
Management
Total 560,000 560,000
Prior
85,000
Total
Funding Sources '23/'24 '24/'25 '25/'26 '26/'27 '27/'28 '28/'29 Total 240 Park Dedication Fees 60,000 60,000
262 Other Grants 150,000 150,000
700 Capital Improvement 350,000 350,000
(General)
Total 560,000 560,000
Prior
85,000
Total
2022/23-2027/28 CIP Wednesday, June 5, 2024
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Packet Pg. 106 Attachment: Plan-It Project Detail 4103 6-5-2024 (3391 : Crossroads Park)

Orinda City CouncilJuly 2, 2024

Orinda City Council
July 2, 2024