SCOPE OF SERVICES
This agreement is made as of June 5, 2024 by and between Gates + Associates, (GATES) [California License No. 6032], a California corporation, and The City of Orinda (Client).
As provided in this Agreement, GATES will provide landscape architectural services for the following project (the "Project"):
Crossroads Park
I. BASIC SERVICES
A. Construction Documents
This proposal will complete the construction documents set based on the work provided in the 65% submittal from February 2022.
1. Work with the Client and consultant team to review schedule, construction costs and refinements of design documents to be shown in the construction documents.
2. Finalize construction documents including:
a. Layout plans for landscaped and hardscaped areas
b. Grading plan
c. Planting plans and details
d. Irrigation plans, details and water budget calcs
e. Landscape construction items (which might include such items as monument signage, site furniture, landscape walls)
f. Electrical plans for site lighting. Including photometrics, fixture and control schedules, details and energy compliance.
3. Design team shall coordinate site grading and utility conflicts.
4. Planting and Irrigation specifications using the standard C.S.I. format.
5. Provide electronic plans for City Submittal at (95%, 100%).
6. Updated cost estimate.
7. Day-to-day coordination with design team and other consultants as required.
Max 16 hours.
8. Prepare written response to comments on revisions to the Construction Documents based on three sets of consolidated comments provided by the Client.
PRODUCTS:
Plans and Specifications 95%, and Final (electronic)
B. Construction Administration
1. Bid assistance (Max 12 hours)
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Packet Pg. 287 Attachment: Revised Consultant Proposal - June 2024 (3472 : Crossroad Park Design Approval) Crossroads Park (Orinda Mini Park)
June 05, 2024
2. Review of submittals shop drawings and respond to RFIs. Preparation of clarifications drawings, coordination with Contractor and Design Team. (Max 12 hours) Construction schedule is assumed to be a maximum of 6 months.
3. A representative of GATES shall make up to 3 visits to the site (4 hours each) during and at the completion of construction to ascertain if the landscape work is generally proceeding in conformance with the drawings and specifications. On the basis of such on-site observations, as landscape architect, GATES shall keep the Owner informed of the progress and quality of the work. Additional construction observation requested by the Client shall be billed as additional services.
4. T&M allowance for up to 1 site visit, review of RFIs and submittals related to civil engineering work ($2,600)
5. T&M allowance for up to 1 site visit, review of RFIs and submittals related to electrical engineering work ($2,800)
6. Provide as built drawings to the City on mylar.
C. Meetings
1. Meetings are not in the scope of this proposal and would be billed at the hourly rates described in Item IV.
II. ADDITIONAL CONDITIONS
A. Subconsultant fees have been marked up 10% and included in the fees below.
B. Client shall provide all existing information necessary for the completion basic services as described in this letter of agreement.
C. The work described in basic services part B shall be performed as one set of Construction Documents. Splitting the project into more than one phase of construction or more than one project may require an increase in the fee shown in Item IV.
D. Opinions of Probable Construction Cost prepared by GATES are approximate only and do not take into account future market conditions or contractor's bidding methods. GATES has no control over costs of labor, materials or equipment and GATES estimates cannot be guaranteed.
E. GATES is not responsible for means, methods, sequences, techniques and procedures of construction or for safety precautions associated with construction.
F. GATES will coordinate the surface grading and drainage work with the work of the project Civil Engineer as part of this contract.
G. Regarding site lighting, GATES shall evaluate existing site condition; provide site design for electrical, etc. from the source to the necessary locations.
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Packet Pg. 288 Attachment: Revised Consultant Proposal - June 2024 (3472 : Crossroad Park Design Approval) Crossroads Park (Orinda Mini Park)
June 05, 2024
H. Regarding Geo Technical Soils Services, GATES has determined that a geotechnical report is not necessary for this project. Geotechnical services are not part of this contract.
I. Regarding Agency and City Submittals, GATES will submit plans to necessary agencies on behalf of the city.
III. COMPENSATION FOR SERVICES
A. The fee for the services indicated in Item I of this proposal shall be:
A. Construction Documents $27,955
B. Construction Administration $15,490
TOTAL 43,445
+ reimbursables
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Packet Pg. 289 Attachment: Revised Consultant Proposal - June 2024 (3472 : Crossroad Park Design Approval) Crossroads Park (Orinda Mini Park)
June 05, 2024
IV. ADDITIONAL SERVICES
A. Any extra services, including additional work or meetings, requested by the Client in addition to those indicated in this proposal shall be billed at the hourly rate listed below in addition to the fee indicated in Item III above.
Hourly Fees for Services of: Rate Per Hour:
Partner $225.00-$240.00
Principal $210.00 - $225.00
Associate Principal $195.00 - $210.00
Senior Associate $175.00 - $195.00
Associate Planner $165.00 - $185.00
Job Captain $155.00 - $175.00
Planner $135.00 - $165.00
Irrigation Designer $195.00 - $210.00
Marketing Coordinator $125.00 - $175.00
Administrative/Drafter $125.00 - $150.00
Note: The hourly rates shown may be revised as described in Appendix A, but would not affect the amount of compensation shown in Item III.
B. Additional services shall include but are not limited to the following:
1. Revisions to the design following commencement of the Construction Documents Phase.
2. Additional meetings to those described above.
3. Preparation of front end (boilerplate) non-technical specifications.
4. Horticultural consulting and soils analysis.
Accepted by:
__________________________________________ Date: ____________________ Todd Trimble,
City of Orinda
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Packet Pg. 290 Attachment: Revised Consultant Proposal - June 2024 (3472 : Crossroad Park Design Approval) Gates + Associates May 31, 2024
Job# 19-1045-11 Crossroads Park
Erik Gellerman
Gates + Associates
1655 N Main Street, Suite 365
Walnut Creek, CA 94596
RE: Letter Agreement for Engineering Support Services
Crossroads Park - Orinda, CA
Dear Erik:
Thank you for the opportunity to provide our professional engineering services. We understand that the plans for Crossroads Park shall be finalized for City of Orinda approval. We understand that you wish to have the following services:
I. Scope of Services
A. Engineering Services
1. Grading Plan
Finalize Grading Plan for street level that includes dimensions, grading limits, slopes, existing top of curb grades, grade breaks, finish contour lines, screened existing topography, and grading quantities on subject property. Coordinate fine grading within landscaped areas, which will be prepared by the landscape architect. Assumes two (2) rounds of City plan checks.
2. Site Plan Coordination (T&M)
Coordinate site layout with landscape architect. Attend meetings and conference calls with client, City of Orinda, and project team consultants throughout the final design process. This task will be billed on a time-and-materials basis and assumes a maximum of 10 hours of a Project Manager’s time. Any additional support will be charged on a time and materials basis in accordance with the attached Standard Charge Rates.
3. Construction Administration (T&M)
Provide support during the construction phase including attending meetings, answering Requests for Information (RFIs), reviewing Contractor’s submittals, site visits, coordination with Contractor, and plan revisions. This task will be billed on a time-and-materials basis and assumes a maximum of 10 hours of a Project Manager’s time. Any additional support will be charged on a time and materials basis in accordance with the attached Standard Charge Rates.
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Packet Pg. 291 Attachment: Revised Consultant Proposal - June 2024 (3472 : Crossroad Park Design Approval) Gates + Associates May 31, 2024
Job# 19-1045-11 Crossroads Park
Fees
1. Grading Plan $ 4,000.00
2. Site Plan Coordination (T&M) $ 2,350.00
3. Construction Administration (T&M) $ 2,350.00
Engineering Phase Total $ 8,700.00
Items not listed above are excluded from this agreement. Specifications are excluded from this contract. The scope and fees will be valid for 60 days from the date listed above.
Thank you for the opportunity to offer this contract. We look forward to our continued relationship and working with you on this project.
CONSULTANT: CLIENT:
By By
(Signature) (Signature)
Name Stacey Gella Name
(Print) (Print)
Title Project Manager Title
Date May 31, 2024 Date
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Packet Pg. 292 Attachment: Revised Consultant Proposal - June 2024 (3472 : Crossroad Park Design Approval)
Standard Provisions of Agreement
Client and Consultant agree that the following provisions shall be part of their agreement:
1.0 AGREEMENT
1.1 This agreement shall be binding upon the heirs, executors, administrators, successors and assigns of Client and Consultant.
1.2 This agreement shall not be assigned by either Client or Consultant without the prior written consent of the other.
1.3 This agreement contains the entire agreement between Client and Consultant relating to the project and the provision of services for the project. Any prior agreements, promises, negotiations or representations not expressly set forth in this agreement are of no force or effect. Subsequent modifications to this agreement shall be in writing and signed by both Client and Consultant.
1.4 Consultant's or Client’s waiver of any term, condition or covenant, shall not constitute the waiver of any other term, condition, or covenant. Consultant’s or Client’s waiver of any breach of this agreement shall not constitute the waiver of any other breach of the agreement.
1.5 If any term, condition, or covenant of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this agreement shall be valid and binding on Client and Consultant.
1.6 This agreement shall be governed by and construed in accordance with the laws of the State of California.
1.7 The fee(s) quoted in this contract is valid 60 days from the contract date and unless stated otherwise is approximate only.
2.0 SERVICES
2.1 Client acknowledges all reports, plans, specifications, field data and notes and other documents, including all documents on electronic media, prepared by Consultant are instruments of service, and shall remain the property of Consultant. Upon request and payment of all costs involved, Client is entitled to a copy of all final plans and specifications for use in connection with the project for which the plans and specifications have been prepared. Client acknowledges that its right to utilize final plans and specifications and the services of Consultant provided pursuant to this agreement will continue only so long as Client is not in default, pursuant to the terms and conditions of this agreement, and Client has performed all its obligations under this agreement.
2.2 In accepting and utilizing any drawings, reports and data on any form of electronic media generated and furnished by Consultant, Client covenants and agrees that all such electronic files are instruments of service of Consultant, who shall be deemed the author, and shall retain all common law, statutory law and other rights, including copyrights.
2.3 Client agrees not to use or permit any other person to use plans, drawings, or other work product prepared by Consultant, which plans, drawings or other work product are not final and which are not signed and stamped or sealed by Consultant and waives liability against Consultant for their use. Client further agrees that final plans, drawings or other work product are for the exclusive use of Client and may be used by Client only for the project described on the face hereof. Such final plans, drawings or other work product may not be changed nor used on a different project without the written authorization or approval by Consultant.
2.4 Client agrees not to reuse these electronic files, in whole or in part, for any purpose or project other than the project that is the subject of this agreement. Client agrees not to transfer these electronic files to others without the prior written consent of Consultant. Client further agrees to waive all claims against Consultant resulting in any way from any unauthorized changes or reuse of the electronic files for any other project by anyone other than Consultant.
2.5 Client is aware that differences may exist between the electronic files delivered and the printed hard copy construction documents. In the event of a conflict between the signed construction documents prepared by Consultant and electronic files, the signed and stamped or sealed hard copy construction documents shall govern.
2.6 In addition, Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Consultant, its officers, directors, employees, agents and subconsultants against all damages, liabilities or costs, including reasonable attorney’s fees and defense costs, arising from any changes made by anyone other than Consultant or from any reuse of the electronic files without the prior written consent of Consultant.
2.7 Client acknowledges that the design services performed pursuant to this agreement are based upon field and other conditions existing at the time these services were performed. Client further acknowledges that field and other conditions may change by the time project construction occurs and clarification, adjustments, modifications and other changes may be necessary to reflect changed field or other conditions. Such clarifications, adjustments, modifications and other changes shall be paid for by Client as extra services in accordance with Section 5.0 Extra Services.
2.8 Consultant shall only act as an advisor with respect to all contact with governmental agencies.
3.0 TERMINATION, SUSPENSION, DELAY, DEFAULT
3.1 Client acknowledges Consultant has a right to complete all services agreed to be rendered pursuant to this agreement. In the event this agreement is terminated before the completion of all services, unless Consultant is responsible for such early termination,Client agrees to release Consultant from all liability for services performed. In the event that all or any portion of the services by Consultant are suspended, abandoned, or otherwise terminated, Client shall pay Consultant all fees and charges for services provided prior to termination, not to exceed the contract limits specified herein, if any. Client acknowledges if the project services are suspended and restarted, there will be additional charges due to suspension of the services which shall be paid for by Client as extra services pursuant to Section 5.0 Extra Services.
3.2 This agreement shall not be construed to alter, affect or waive any design professional’s lien, mechanic’s lien or stop notice right which Consultant may have for the performance of services pursuant to this agreement. Client agrees to provide to Consultant the present name and address of the record owner of the property on which the project is to be located. Client also agrees to provide Consultant with the name and address of any and all lenders who would loan money on the project and who are entitled to receive a preliminary notice.
3.3 Either party may terminate this agreement if the other party is in material breach of the provisions of this agreement. In addition, either party may terminate the agreement for its convenience and without cause by giving 1 5 days written notice to the other party. In the event of any termination, Client shall pay Consultant for all services rendered, in accordance with this agreement.
3.4 Consultant is not responsible for delay caused by activities or factors beyond Consultant's reasonable control, including but not limited to, delays by reason of strikes, lockouts, work slowdowns or stoppages,accidents, acts of God, failure of Client to furnish timely information or approve or disapprove Consultant's services or instruments of service promptly, faulty performance by Client or other contractors or governmental agencies.When such delays beyond Consultant's reasonable control occur, Client agrees Consultant shall not be responsible for damages nor shall Consultant be deemed to be in default of this agreement. Further, when such delays occur, Client agrees that, to the extent such delays cause Consultant to perform extra services, such services shall be paid for by Client as extra services in accordance with Section 5.0 Extra Services.
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Packet Pg. 293 Attachment: Revised Consultant Proposal - June 2024 (3472 : Crossroad Park Design Approval)
4.0 COMPENSATION
4.1 Invoices will be rendered monthly for the work done in the preceding month and will be due and payable upon receipt. All accounts not paid within thirty (30) days after date of invoice will bear a FINANCE CHARGE OF 1.5% per month, or the legal rate of interest, whichever is less, on the unpaid balance until paid in full. In the event any action is brought in this agreement concerning any amounts due hereunder, the prevailing party shall be reimbursed for all litigation and collection expenses, including but not limited to reasonable attorneys’ fees.
4.2 If Client fails to pay Consultant within thirty (30) days after invoices are rendered, Consultant shall have the right in its sole discretion to consider such default in payment a material breach of this entire agreement and upon written notice the duties, obligations, and responsibilities of Consultant under this agreement may be suspended or terminated.
In such event Client shall promptly pay Consultant for all outstanding fees and charges due Consultant at the time of suspension or termination. If Consultant elects to suspend or terminate Consultant’s services pursuant to this provision, Consultant is entitled to reasonable suspension or termination costs or expenses.
4.3 Client agrees that the periodic billings from Consultant to Client are correct and binding on Client unless Client, within ten (10) days from the date of receipt of such billing, notifies Consultant in writing of alleged inaccuracies, discrepancies, or errors in the billing.
4.4 Client agrees that if Client requests services not specified in the scope of services description within this agreement, Client will pay for all such additional services as services under a contract change order in accordance with Consultant’s billing rates utilized for this agreement.
4.5 In the event of any increase in costs due to the granting of wage increases and/or other employee benefits for field or office employees per the terms of any labor agreement, or rise in the cost of living, during the lifetime of this Agreement, such percentage increase shall be applied to all remaining compensation.
5.0 EXTRA SERVICES
5.1 Client agrees that if Client requests services not specified in the scope of services described in this agreement, Client will pay for all such additional services as extra services. Items specifically noted as time-and-materials shall be in accordance with Consultant’s billing rates utilized for this agreement.
6.0 LITIGATION / LIABILITY / INDEMNITY / WAIVER
6.1 Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the Client nor the Consultant, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation or any other incidental, indirect or consequential damage that either party may have incurred from any cause or action.
6.2 In the event of any litigation arising from or related to the services provided under this agreement, if any action at law or equity, including an action for declaratory relief,is brought to enforce or interpret the provisions of this agreement, the prevailing party shall be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorneys’ fees, experts’ fees and other related expenses
6.3 Client agrees that in the event that Consultant institutes litigation to enforce or interpret the provisions of this agreement, such litigation is to be brought and adjudicated in the appropriate court in the county in which Consultant's principal place of business is located, and Client waives the right to bring, try or remove such litigation to any other county or judicial district.
6.4 If the scope of services requires Consultant to estimate quantities or provide its opinion of probable cost, such estimates are made on the basis of Consultant’s experience and qualifications and represents Consultant’s best judgment as a professional generally familiar with the industry. However, such estimates are only estimates and shall not constitute representations, warranties or guarantees of the quantities of the subject of the estimate. However, since Consultant has no control over costs or the price of labor, equipment or materials, or over the contractor’s method of pricing, such opinions of probable construction costs do not constitute representations, warranties or guarantees of the accuracy of such opinions, as compared to bid or actual costs.
6.6 In the event (1)Client agrees to, permits or authorizes changes in the plans, specifications, reports and documents prepared by Consultant which changes are not consented to in writing by Consultant, or (2)Client agrees to, authorizes, or permits construction of unauthorized changes in the plans, specifications or documents prepared by Consultant, which changes are not consented to in writing by Consultant, or (3)Client does not follow recommendations prepared by Consultant pursuant to this agreement, which changed recommendations are not consented to in writing by Consultant: Client acknowledges that the unauthorized changes and their effects are not the responsibility of Consultant, and Client agrees to release Consultant from all liability arising from the use of such changes, and further agrees to defend, indemnify and hold harmless Consultant, its officers, directors, agents, employees, and subconsultants from and against all claims, demands, damages or costs, including attorneys’ fees, arising from the unauthorized changes.
6.7 Client agrees to require its contractor and subcontractors to review the plans, specifications and documents prepared by Consultant prior to the commencement of construction-phase work. If the contractor and/or subcontractors determine there are deficiencies, conflicts, errors, omissions, code violations, improper uses of materials, or other deficiencies in the plans, specifications and documents prepared by Consultant, contractors and subcontractors shall notify Client so those deficiencies may be corrected by Consultant prior to the commencement of construction-phase work.
6.8 In the event Client discovers or becomes aware of changed field or other conditions which necessitate clarification, adjustments, modifications or other changes during the construction phase of the project, Client agrees to notify Consultant and engage Consultant to prepare the necessary clarifications, adjustments, modifications or other changes to Consultant’s work before construction activities commence or further activity proceeds. Further, Client agrees to have a provision in its construction contracts for the project which requires the subcontractor to notify Client of any changed field or other conditions so that contractor may in turn notify Consultant pursuant to the provisions of this paragraph.
7.0 SAFETY REQUIREMENTS SECTIONS
7.1 Client agrees that in accordance with generally accepted construction practices, construction contractor and construction subcontractors will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property, and that this requirement shall apply continuously and not be limited to normal working hours. Neither the professional activities of Consultant nor the presence of Consultant or his or her employees or subconsultants at a construction site shall relieve the contractor and its subcontractors of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and applicable health or safety requirements of any regulatory agency or of state law.
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Packet Pg. 294 Attachment: Revised Consultant Proposal - June 2024 (3472 : Crossroad Park Design Approval) Gates + Associates STANDARD CHARGE RATES May 31, 2024
Job # 19-1045-11 (Effective January 2024) Crossroads Park
PERSONNEL CHARGES
Charges for personnel engaged in professional and/or technical work are made for the actual hours directly chargeable to the project. Rates are subject to change.
Rates are as follows:
CHARGE
OFFICE SERVICES RATES
Principal Engineer $ 275.00/hr
Senior Project Manager $ 245.00/hr
Project Manager $ 235.00/hr
Senior Engineer $ 220.00/hr
Sr. Associate Engineer $ 215.00/hr
Associate Engineer $ 210.00/hr
Engineer $ 190.00/hr
Junior Engineer $ 165.00/hr
Senior Planner $ 195.00/hr
Associate Planner $ 190.00/hr
Planner $ 185.00/hr
Senior Project Designer $ 200.00/hr
Project Designer $ 190.00/hr
Designer $ 155.00/hr
Graphic Artist $ 115.00/hr
Administrative $ 90.00/hr
FIELD SERVICES
One-Man Field Party $ 235.00/hr
Two-Man Field Party / GPS Crew $ 310.00/hr
Three-Man Field Party $ 360.00/hr
Survey Manager $ 245.00/hr
Senior Land Surveyor $ 215.00/hr
Land Surveyor $ 205.00/hr
Senior Survey Technician $ 200.00/hr
Survey Technician II $ 185.00/hr
Survey Technician $ 170.00/hr
Construction Site Monitor $ 160.00/hr
REIMBURSABLE EXPENSES
1.) Reimbursable charges for in-house expenses including printing, photographic work, plotting, reproductions, and deliveries will be charged at the dk rate for those services.
2.) Outside vendor services including printing, photographic work, courier services, subcontractors, rental of vehicles or special equipment, will be reimbursed at their respective costs plus 10%.
3.) Lodging, travel expenses including airline tickets, etc. will be charged at their respective costs as a pass through. Travel expenses related to meals will be invoiced at the allowable per diem meal limitation in accordance with the GSA – U.S. General Services Administration.
DELIVERIES AND MILEAGE
Mileage will be invoiced at the current Federal rate at the time of reimbursement.
ACCELERATED SCHEDULE/OVERTIME RATES
Overtime for accelerated schedule will be charged to the Client at a rate of 1.5 times the Standard Charge Rate for the personnel engaged in professional and/or technical work.
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Packet Pg. 295 Attachment: Revised Consultant Proposal - June 2024 (3472 : Crossroad Park Design Approval) 2603 Camino Ramon, Suite 417, San Ramon, CA 94583
May 31st, 2024
David L. Gates & Associates, Inc. (dba GATES + ASSOCIATES, Gates and Associates) 2671 Crow Canyon Rd., San Ramon, CA 94583
Attention: Erik Gellerman
Subject: Orinda Mini Park (a.k.a Crossroads Park) - Exterior Lighting Location: NW Corner at Camino Pablo and Brookwood Rd., Oridna, CA 94563 Proposal Number: GAA2019-001-ASR-001
ADD SERVICE REQUEST - 001
This Add Service Request (“ASR”) is required to update our Hourly Rates from those reflected on our original Proposal GAA2019-001 from 2019. This project was put on hold in March of 2022 and has now become active in 2024. As a courtesy our 2023 Hourly Rates shall be used. This Add Service Request is proposed under Vektor Engineering and Consulting Services (“Vektor”), Inc. Standard Terms and Conditions (“STCs”) with 2023 Hourly Rates. The project was completed to 65% CD level as reflected further in Section 2.
Remaining Design Scope as follows:
1. Scope of Work.
1.1 General Description of Remaining Service
Gates + Associates (“GAA”) is seeking Electrical Engineering and Design Services of Vektor for the remaining Tasks of this project. The remaining Tasks are further described in Section 2.
1.2 Electrical Engineering:
Electrical Engineering and Design
Perform the following tasks:
a. Provide Electrical Construction Documents, Specifications, and other items as further broken down by Electrical Tasks in Section 2.
b. Continue the Construction Administration effort and attend construction site as needed during milestone completion and for functional demonstration by Electrical Contractor. c. Continue coordination with PG&E and the City of Orinda to get existing power source details, such as Arc Flash Assessment, and other necessary electrical information, as needed.
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Packet Pg. 296 Attachment: Revised Consultant Proposal - June 2024 (3472 : Crossroad Park Design Approval) Vektor Engineering and Consulting Services, Inc.
GAA2019-001-ASR-001 - Orinda Mini Park
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d. Participate in coordination meetings with the Design and Construction Teams as needed.
e. Provide Bid Assistance, as needed.
1.3 Dependencies:
a. Allow for a minimum of 48 hr. notice to attend the construction site. b. Allow for a minimum of 24 hr. to respond to Requests for Information (“RFI”) and a minimum of 72 hr. to respond to Submittal or Shop Drawings review, actual time to review is dependent on the complexity of the information being requested. c. Mutually agreed upon milestones schedule from GAA Project Manager.
2. Fee.
Vektor will complete the Revised Services in accordance with Vektor’s STCs for the following Fixed Cost and T&M NTE Fee with the following breakdown:
The Revised total Fixed Cost Fee (Electrical Task Numbers 4-6) will be $6,138.
The Revised total T&M NTE Fee (Electrical Task Numbers 7-8) will be $2,559.
Total estimated Fee will be $8,697.
The Fee will be invoiced at the end of each month or when the remainder of the Fee has been used, consistent with NET30 terms.
3. Assumptions and Exclusions.
1. All Assumptions and Exclusions from the original GAA2019-001 Proposal shall be inclusive to this ASR.
The Consultant will fully support the design effort with their services and assist the Client with resolving any adverse conditions, some of which are mentioned above, and do so to their best ability, but for a revised Fee as these conditions of the project have changed.
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Packet Pg. 297 Attachment: Revised Consultant Proposal - June 2024 (3472 : Crossroad Park Design Approval) Vektor Engineering and Consulting Services, Inc.
GAA2019-001-ASR-001 - Orinda Mini Park
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4. Notice to Proceed.
A written notice to proceed is required for the Consultant to begin the Scope of Work described by this Proposal. This can be accomplished by signing and giving authorization to proceed below.
Thank you very much for this opportunity! Please let me know if there are any questions or concerns regarding this Proposal, please call me at (925) 698-8067.
Sincerely,
Sergey Korolev, P.E.
President
The undersigned gives Vektor Engineering and Consulting Services, Inc. authorization to provide the limited services as generally described herein and agrees to the Vektor Engineering and Consulting Services, Inc. Standard Terms and Conditions as part of the original Proposal:
Name/Title: __________________________ Date: _______________ Signature: __________________________
Attachments: Vektor Engineering and Consulting Services, Inc. Standard Terms and Conditions H.1.e
Packet Pg. 298 Attachment: Revised Consultant Proposal - June 2024 (3472 : Crossroad Park Design Approval) VEKTOR ENGINEERING AND CONSULTING SERVICES, INC.
STANDARD TERMS AND CONDITIONS – 2024
David L. Gates & Associates, Inc. (dba GATES + ASSOCIATES, Gates and Associates) 1 of 2
PROJECT NO.: GAA2019-001-ASR-001 – Orinda Mini Park – Exterior Lighting
In consideration of the matters described in the Statement of Work (“SOW”) above and the Letter of Agreement (“LOA”) between DAVID L.
GATES & ASSOCIATES, INC. (DBA GATES + ASSOCIATES, GATES AND ASSOCIATES) (“Client”), Inc. and Vektor Engineering and Consulting Services, Inc. (“Consultant”), and of the mutual benefits and obligations set forth in these Standard Terms and Conditions, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Consultant (individually “Party” and collectively the “Parties” to these Standard Terms and Conditions) agree as follows:
1. Services: The Client engages Vektor Engineering and Consulting Services, Inc. (“Vektor”) for the scope of services described in the cover letter (the Letter of Agreement) in accordance with the following terms and conditions. These Standard Terms and Conditions and rate sheet along with the Letter of Agreement represent the entire agreement (“Agreement”) between the Client and Vektor and cannot be changed or modified unless done so in writing and signed by both Vektor and the Client.
Vektor’s services shall be limited to those expressly set forth in this Agreement. Vektor shall have no other obligations or responsibilities to the Client or the Project except as agreed to in writing. Nevertheless, all of Vektor’s actions and communications relative to the Project shall be subject to this Agreement.
2. Standard of Care: Vektor shall perform its services consistent with and limited to the professional skill and care ordinarily provided by electrical engineers practicing in the same or similar locality under the same or similar circumstances (“Standard of Care”). Vektor shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. Such Standard of Care is not a warranty or guarantee, and Vektor shall have no such obligation, express or implied.
3. Client Representative: The Client will appoint a representative to act on their behalf, with the authority to provide or obtain any necessary information and approvals that may be required by Vektor (“Client Representative”). The Client and/or Client Representative shall provide in a timely manner all services, materials, and/or information necessary for Vektor to adequately perform its services.
4. Services: Vektor services will be based on the initial information provided by Client and may evolve over time. Client understands that the services provided for in this Agreement will not and cannot be completed until all services, including the Construction Administration phase services, have been performed in full by Vektor. Vektor shall coordinate its services with those services provided by the Client and the Client’s consultants. Vektor shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of services and
information furnished by the Client and the Client’s consultants.
The Client shall provide prompt written notice to Vektor if the Client becomes aware of any error, omission, or inconsistency in Vektor’s services or information, or any information which has been provided to Vektor by Client, Client’s representative or Client’s consultants.
5. Revisions and additions: Fees are based upon the time estimated to complete the services as described. Any revisions or additions to the services described will be identified at the time of the change and will be billable as additional services above and beyond any estimates provided and will be billed at the stated hourly rates and may require a corresponding adjustment in Vektor’s schedule. Additional services will include, but will not be limited to, changes in the extent or complexity of any elements of the Project, changes made by the Client after an approval has already been made, circumstances beyond Vektor’s control (including changes to Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations), and/or requests for services outside the parties’ mutual understanding of Vektor’s scope.
6. Ownership of Documents: Vektor and Vektor’s consultants, if any, grant the Client a nonexclusive license to use their Instruments of Service, including the Drawings and Specifications, solely for the purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Client substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. Vektor and Vektor’s consultants, if any, retain ownership and all common law, statutory and other reserved rights, including copyrights, to their Instruments of Service. Client waives and releases any and all claims against Vektor and Vektor’s consultants, if any, resulting in any way from unauthorized change or use of the Instruments of Service or completion of the Project without Vektor’s
involvement and written consent and agrees to defend and indemnify Vektor and Vektor’s consultants, if any, against any and all claims, liabilities, losses, damages, expenses and costs (including but not limited to attorney and expert fees) arising from or relating to such an unauthorized use.
7. Termination: Either party may terminate this Agreement after giving ten working days written notice to the other. In the event of termination of this Agreement, Client shall promptly pay Vektor in full for all time and reimbursable expenses committed and incurred up to the date of termination.
8. Mediation: Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to the institution of legal or equitable proceedings by either party. If such matters relate to Vektor’s services, Vektor may proceed in accordance with applicable law to comply with lien notice or filing deadlines prior to mediation.
Mediation shall be in accordance with the JAMS Comprehensive Arbitration Rules & Procedures in effect at the time the dispute arises. Request for mediation shall be filed in writing with the other party to this Agreement and JAMS. The parties shall share the mediator’s fee and any filing fees equally. Mediation shall be held in Contra Costa County, California, unless another location is mutually agreed upon.
9. No Third Parties: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or Vektor. Neither the Client nor Vektor shall assign this Agreement without the written consent of the other.
10. Confidentiality: If either party receives information specifically designated as “confidential” or “business proprietary,” the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except (a) as required for provision of services; (b) as required by law or ordered by a court; or (c) as authorized in writing by the other party. The H.1.e
Packet Pg. 299 Attachment: Revised Consultant Proposal - June 2024 (3472 : Crossroad Park Design Approval) VEKTOR ENGINEERING AND CONSULTING SERVICES, INC.
STANDARD TERMS AND CONDITIONS – 2024
David L. Gates & Associates, Inc. (dba GATES + ASSOCIATES, Gates and Associates) 2 of 2
obligations under this Section shall survive the termination of this Agreement and the Project.
11. Indemnity: Client will defend, indemnify and hold Vektor harmless from and against any and all claims, liabilities, losses, damages, expenses, and costs (including but not limited to attorney and expert fees) arising from or relating to the Project or use of information and/or materials in connection with the provision of services (“Claims”) except to the extent that such Claims are the sole result of Vektor’s breach of the Standard of Care, or reckless or intentional misconduct. The obligations in this Section shall survive the termination of this Agreement and the Project.
12. Limitation of Liability: Neither party shall be liable for any loss of use, interruption of business, lost profits, or any indirect, special, incidental, or consequential damages of any kind. The parties agree that under no circumstances shall personal liability attach or be claimed against the officers, directors, and/or employees or either party. Client agrees that, to the fullest extent permitted by law, in no event shall Vektor’s aggregate liability under this Agreement exceed the total fees paid to Vektor for the provision of services under this Agreement, or $50,000.00, whichever is greater.
Proposals:
All Proposals are only valid for only 30 days from the issue date indicated on each respective Proposal.
Hourly Rates ($/hr.):
Project Engineer - $205/hr.
Project Designer - $180/hr.
BIM Technician - $156/hr.
Project Coordinator - $120/hr.
Emergency work requested by Client with less than 48-hour notice, work to be performed outside of normal working hours, work to be performed on weekends and or holidays, shall be billed at an hourly rate of 1.5 times the Hourly Rate listed above for the respective work classification with a 4-hour minimum.
Expenses:
The Client shall reimburse Vektor for all reasonable and necessary expenses incurred by Vektor in connection with providing the services (Direct Project Expenses). Direct Project Expenses (printing, postage, shipping, business class travel, car and driver service to/from airports, data file sharing fees, drawing reproduction, CAD plotting, etc.) will be billed at 110% of actual costs.
Fees and Payment:
Fees for professional services and Direct Project Expenses will be billed monthly. Invoices will be for services and expenses performed or incurred during the month prior to the date of invoice. Fees for consultants retained by Vektor will be billed at 110% of actual fees.
Invoices:
All invoices are due and payable upon presentation. Vektor reserves the right to suspend its services and withhold Instruments of Service after 10 days written notice should any invoice remain unpaid 30 days past the invoice date. A service charge of 1.5% per month will be added to all outstanding accounts more than 45 days past due. Client is responsible for all collection costs and attorneys’ fees incurred by Vektor as a result of Client’s failure to make timely payment.
Regulatory Body:
Professional Engineers are licensed and regulated by the California Board for Professional Engineers, Land Surveyors, and Geologists, located at 2535 Capitol Oaks Drive, Suite 300, Sacramento, CA 95833.
These Standard Terms and Conditions, including Hourly Rates, and other sections are subject to adjustment on an annual basis based on Vektor’s accounting review process.
Vektor Initial: _______________
Client Initial: _______________
H.1.e
Packet Pg. 300 Attachment: Revised Consultant Proposal - June 2024 (3472 : Crossroad Park Design Approval) Arthur Landscape Irrigation Consulting, Inc.
PO Box 3490
Livermore, CA 94551
925-518-3956
Gates + Associates June 4, 2024
1655 N. Main Street, Suite 365
Walnut Creek, CA 94596
attn: Erik Gellerman
Project: Crossroads Park, Orinda
Dear Erik,
My updated quote for the complete design of the irrigation system for the referenced project is as follows:
Construction Documents: $1,940.00
Construction Admin: T&E to $1,560.00
Please refer to my current Compensation and Inclusion/Exclusions.
Thank you for this quote request.
Sincerely,
Ray Arthur
ALI Consulting
Approved:________________________________ Title:___________________________ (sign and return a copy upon approval)
Date:___________________________
H.1.e
Packet Pg. 301 Attachment: Revised Consultant Proposal - June 2024 (3472 : Crossroad Park Design Approval) 1 CITY OF ORINDA
AMENDMENT No. 2 TO SERVICES CONTRACT
Gates & Associates (“Provider”) and the City of Orinda (“City”), a municipal corporation, previously entered into a contract with an effective date of December 5, 2016 relating to Design Services Contract for Mini Park. Section 18 of that agreement provides, that “No waiver, modification or termination of this agreement is valid unless made in writing.” City and Provider mutually agree to amend the agreement as follows:
1. Replace Section 2.a “Duties of Provider” as follows:
a. Provider agrees to perform services described in Exhibit A (proposal for original contract, dated March 28, 2014) and Exhibit B (proposal for project completion, dated June 4, 2024, which is attached to this agreement and Amendment #2 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.
2. Replace Section 3.c “Time of Performance” as follows:
c. The services of Provider shall begin no sooner than the effective date and shall continue until all work is approved by the City. All work shall be completed no later than December 31, 2025.
3. Replace Section 4.a “Compensation” as follows:
a. City agrees to pay Provider at the rates described in Exhibit B, not to exceed an amount of $43,445, with a maximum contract price of $94,945 for all services performed under this agreement.
In all other respects, the agreement shall remain unchanged and in full force and effect.
City of Orinda
__________________________________
City Manager Date
Attest
___________________________________
City Clerk
Approved as to form
___________________________________
City Attorney
Gates & Associates
__________________________________
Date
__________________________________
Printed Title
__________________________________
Printed Name
H.1.f
Packet Pg. 302 Attachment: Amendment #2 to Contract with Gates and Associates (3472 : Crossroad Park Design Approval) From: Angelina Duckett <[email protected]>
Sent: Tuesday, October 29, 2024 10:39 AM
To: Todd Trimble <[email protected]>
Subject: Crossroads sign
EXTERNAL EMAIL - This email was sent by a person from outside your organization. Exercise caution when clicking links, opening attachments or taking further action, before validating its authenticity.
Dear Todd,
I viewed the city council meeting and felt compelled to express my concerns regarding the presentation of the sign.
The budget I submitted was not $170,000 as indicated to the council; in fact, that figure exceeds my proposal by $120,000.
After receiving approval for the design and enduring a two-year wait for the contract, I noticed that the presenter was advocating for an alternative approach. Could you please clarify why a design from 2018 is being considered, especially since it does not align with the guidelines I was asked to adhere to in 2022, and why there is such a significant increase in costs compared to my original proposal? It is importantly to address this matter quickly to ensure that the council's decision is not influenced by inaccurate information.
Thank you for your attention to this matter.
Best regards,
Angelina
Angelina Duckett Mosaics
www.angelinaduckett.com
H.1.g
Packet Pg. 303 Attachment: October 29, 2024 Email Communication from Artist Angelina Duckett (3472 : Crossroad Park Design Approval)
CITY OF ORINDA
BUDGET CHANGE FORM FISCAL YEAR 2024-25
Funds Appropriated Mid-Cycle Budget Adjustment Adopted 6/18/2024 CHANGE FORM # 005-25
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:
700-35-00-7127-4103
CAPITAL IMPROVEMENT / PUBLIC WORKS / NO PROGRAM /
CONSTRUCTION COSTS/ORINDA MINI PARK
$117,000
As Presented at the City Council Meeting on: December 3, 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 December 3, 2024, the City Council was presented with changes to the adopted Budget of CIP Project #4103 Orinda Mini Park Project relating to additional work described in the staff report and accompanying documents.
H.1.h
Packet Pg. 304 Attachment: Budget Change Form #005-25 (3472 : Crossroad Park Design Approval) City Council
Staff Report
Agenda Item: H.2
Date: December 3, 2024
Department: City Council
AGENDA TITLE: Proposed Solid Waste Rate Adjustments for Orinda Residential and Commercial Customers for March 1, 2025 to February 28, 2026 RECOMMENDATION:
Review, discuss, and receive public input on the proposed solid waste rate adjustments.
The input will be provided to Orinda Board Members on the RecycleSmart JPA (Council Member Miller and Council Member Riley), for the JPA consideration of rate adjustments to be effective March 1, 2025.
BACKGROUND:
RecycleSmart is a Joint Powers Authority (JPA) whose members consist of the cities of Orinda, Danville, Lafayette, Moraga, Walnut Creek and Contra Costa County for the unincorporated portions of Central County. The JPA was formed in 1994 to provide more effective negotiations with solid waste vendors. Currently, Orinda’s two representatives on the JPA’s governing board are Councilmember Inga Miller and Councilmember Janet Riley. City representatives to the JPA are voting members and will consider its annual adjustment of rates.
A 12-year franchise agreement with Republic Services was required to amortize the costs of the equipment used to provide these services. The RecycleSmart Board sets solid waste rates every year for residential and commercial services. RecycleSmart contracts with an independent consulting firm, Crowe LLP, to audit the service providers’ true cost of service for each jurisdiction.
This information is on the City Council agenda in advance of RecycleSmart Joint Powers Authority (JPA) considering garbage and recycling rate adjustments for Rate Year 11 (March 1, 2025 - February 28, 2026). Since the JPA is a separate entity, tonight’s item provides an opportunity to review, discuss, and receive public input on the proposed solid waste rate adjustments, which will be considered and enacted by the RecycleSmart JPA Board.
DISCUSSION:
The RecycleSmart JPA calculates a revenue requirement for each member agency.
The revenue requirement is calculated based on the actual cost of the services. The current rate setting discussions by the JPA are intended to address Rate Year 11, which runs from March 1, 2025 through February 28, 2026. The JPA and their consultants develop various rate adjustment scenarios in accordance with the rate setting methodology in the JPA’s service agreement with Republic Services. The rate setting methodology prescribes specific factors to be used for the calculation of a Rate H.2
Packet Pg. 305
Adjustment Factor. The Consultants then translate this into a change of required revenue from one year to the next.
Adjustment To Address Basic Operating Costs
The development of proposed rates considers the anticipated revenue from Orinda’s current rates and calculates an increase in Orinda’s Rates for Year 11, which would result in the total revenue requirement for March 2025 – February 2026. The JPA consultants have calculated that applying a 3.35% increase to the current rates will produce the required base revenue of $7,658,757 without impacting the reserve funds.
Adjustment To Address Garbage Vehicle Street Impacts
In addition to the operating cost adjustment, RecycleSmart included as part of the rates a City request to recover street maintenance impacts from vehicles providing the garbage and recycling services. A refuse vehicle impact fee is a regulatory fee for the use of government (public) property – Orinda Public Roads. It should be emphasized that the fee is charged to Republic Services. As a regulatory fee directly related to its service, Republic Services has the option to pass it through to the ratepayers, which they have done. These funds are remitted to the City from RecycleSmart. The City tracks this revenue and associated expenditures in a special revenue fund, which is used solely for the maintenance of public roadways throughout Orinda.
In 2017, a Refuse Vehicle Street Maintenance Cost Analysis was completed by HF&H (Attachment A). The study evaluated actual road maintenance expenditures between Fiscal Year 2013-2017 and calculated the impact from refuse vehicles using the costs over the five-year period. For the current year (Rate Year 10), the City is scheduled to receive from RecycleSmart $1,269,662 in refuse vehicle impact fee based on “Current Funding” impacts, which included an adjustment by construction cost index. This is referred to in the “Current Funding” column in Table 1 of the study.
Based on the request from City representatives, the vehicle impact fee for Rate Year 11 is recommended to remain unchanged at $1,269,662. Based on the study methodology (which included major improvement / maintenance costs in recent years) the total fee is approximately 89% of the total vehicle impact fee of $1,478,205 that can be assessed based on the “Target Funding” impact, as adjusted for construction cost index.
Reserve Fund Status
The JPA also accounts for reserve funds allocated to each member jurisdiction. The reserves could offset any future revenue shortfalls. The balance of the Reserve Fund on June 30, 2024 was approximately $1,102,979 and is projected to be approximately $1,317,844 by February 2026 at the conclusion of Rate Year 11.
Combined Components of Garbage Company Revenue Adjustments Proposed The combination of the rate increase for Rate Year 11 required includes: $248,517 for general operating costs and $344,302 in additions to reserves, results in a proposed solid waste rate increase of 8.00% (Operating costs 3.35% and Reserves 4.65%).
H.2
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The Consultant has prepared estimates of the change in rates charged to the customer to generate the target Company Revenue including the refuse vehicle impact fees. The impact to rates is based on current subscribership to the various service levels. The following table shows the current charges and the proposed charges if the recommended 8.00% rate increase is approved.
Proposed Rate Scenario (March 2025-February 2026)*
Service
Level/Size
Current
Monthly
Rates
Proposed Rate
March 1, 2025
(Rate Year 11)
$ Change
per Month
(+8.00%)
Residential
20-Gallon $54.54 $58.90 + $4.36
32-Gallon $62.32 $67.31 + $4.99
64-Gallon $116.91 $126.26 + $9.35
Commercial
2 CY (1x/wk) $725.26 $783.28 + $58.02
3 CY (1x/wk) $1,087.87 $1,174.90 + $87.03
*Information provided by RecycleSmart on 11-25-24
The majority (79%) of residential units in Orinda subscribe to either a 20-gallon can, or a 32-gallon can. Therefore, the monthly cost of the increase would be $4.36 - $4.99 for most residential customers. There is no additional charge for the recycling and organics pickup. Residential customers are billed directly by Republic Services quarterly.
Efforts to Improve Service Quality
RecycleSmart has re-negotiated the terms of its contract with Republic Services to address on-going service problems. Republic Services is now required to provide customers with a credit equal to 25% of their monthly bill if Republic Services does not empty their containers within one business day of their scheduled pick-up day.
Customers must call Republic Services to request the credit. A portion of Republic Service’s compensation for Rate Year 11 (2025) through Rate Year 12 (2027) is now conditioned on demonstrated improvements in service quality and reliability. Republic Services has responded by assigning additional resources to the Orinda area, resulting in improved service quality. RecycleSmart has decided to go out to competitive bid (RFP) for solid waste and recycling collection services when Republic Service’s contract expires in 2027.
NEXT STEPS:
Councilmember Miller will be leaving the City Council on December 17, 2024, thus no longer serving as one of the City’s representatives for the CCCSWA Board. At its first meeting in January, the City Council will consider the Mayor’s appointments to board and commissions, including the appointments to the CCCSWA Board. The Board members appointed at that time will participate with the full JPA Board in January 2025 and convey the direction of the City Council to adopt Year 11 rates to be effective March 1, 2025.
H.2
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FISCAL IMPACT:
If rates are not increased as proposed, it is projected that the revenue requirement will not be met. Although the City could request use of the account established for Orinda JPA reserves, this is subject to approval by the JPA Board. The proposed increase in Reserves of $344,302 is necessary to maintain adequate reserve funding for use in mitigating future rate increases and potential cost of changing service providers.
Franchise fee revenue will increase proportionate to the changes in rates.
ATTACHMENTS:
A. HF&H Refuse Vehicle Public Street Maintenance Cost Analysis B. Recycle Smart's Summary of Orinda Rates - Rate Year 11 Respectfully Submitted by:
Doug Alessio
Administrative Services Director
Prepared By: Doug Alessio, Administrative Services Director Approved by:
H.2
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Managing Tomorrow’s Resources Today
201 N. Civic Drive, Suite 230 Robert D. Hilton, CMC
Walnut Creek, California 94596 John W. Farnkopf, PE
Telephone: 925/977-6950 Laith B. Ezzet, CMC
Fax: 925/977-6955 Richard J. Simonson, CMC
www.hfh-consultants.com Marva M. Sheehan, CPA
Robert C. Hilton, CMC
October 25, 2017
Mr. Steve Salomon
City Manager
City of Orinda
22 Orinda Way
Orinda, CA 94563
Sent via e-mail: [email protected]
Subject: Refuse Vehicle Street Maintenance Cost Analysis – Final Report Reference Number: S2026
Dear Mr. Salomon:
HF&H Consultants, LLC (HF&H) was engaged by the Central Contra Costa Solid Waste Authority (Authority) and the City of Orinda (City) to update the 2008 analysis we performed, which determined the impact of solid waste, recycling, and yard waste vehicles (Refuse Vehicles) on street maintenance costs (i.e., maintenance, rehabilitation, and reconstruction costs) within the City’s maintained road system.
In our previous report to the City in 2008, HF&H identified approximately $153,000 per year in street impacts associated with the City’s Refuse Vehicle traffic. In 2017, HF&H conducted an update of the analysis and the assumptions have been updated to reflect Republic Service’s (Company) current collection methodology, vehicles, and changes in the City’s street maintenance funding levels. Our updated analysis has identified approximately $661,200 per year in street impacts associated with the City’s Refuse Vehicle traffic.
Our analysis is based on available information related to street maintenance costs, funding sources, street design specifications, and vehicle profiles for the types of Refuse Vehicles providing service in the City, their weights, axle configurations, and service frequency. Should there be any future material changes to that information, or within five years regardless of such changes, the City should review the calculated impacts and any associated fees that might be established.
Objectives
The objectives of the engagement were to:
1. Update the calculation of the City’s average annual expenditures for pavement-related street maintenance net of gas tax apportionments based on Fiscal Years Ending (FYE) 2013 through 2017 (Average Annual Expenditures);
2. Estimate the projected Average Annual Expenditures based on the City’s pavement rehabilitation program over the next five years (FYE 2018 through 2022); and, H.2.a
Packet Pg. 309 Attachment: HF&H Refuse Vehicle Public Street Maintenance Cost Analysis (3482 : Proposed 2025 (RY11) Solid Waste Garbage Rate Managing Tomorrow’s Resources Today
Mr. Steve Salomon
October 25, 2017
3. Allocate the Average Annual Expenditures based on the percentage impact of Refuse Vehicles, other trucks, and automobiles on the City’s streets.
Findings
As shown in the following tables and based on the approach described below:
1. We calculate Average Annual Expenditures of $4,403,100 based on actual spending as demonstrated in the City’s Streets and Roads Report to the State of California Controller’s Office for FYE 2013 through 2017;
2. We calculate projected expenditures of $7,365,700 based on the City’s planned pavement rehabilitation program;
3. Refuse Vehicles account for approximately 15% of the total impact that a typical street experiences; and,
4. Based on 15% attribution to Refuse Vehicles, the share of the Average Annual Expenditures attributable to Refuse Vehicles is $661,200 at current funding levels, and $1,106,100 at the projected pavement rehabilitation program funding level as shown in Table 1.
TABLE 1: SUMMARY FINANCIAL IMPACTS
(INCLUDES ALL STREET CLASSIFICATIONS)
Note: Numbers may not sum exactly due to rounding.
If the City wishes to recover the amount attributable to the impact of the Company’s Refuse Vehicles, it would assess the Company an annual Refuse Vehicle Impact Fee of: $661,200 for the current funding scenario; or, $1,106,100 for the target funding scenario. @ Current Funding @ Target Funding
$ 228,500 $ 382,300 5.2%
$ 173,400 $ 290,000 3.9%
$ 228,500 $ 382,300 5.2%
$ 15,200 $ 25,500 0.3%
$ 6,300 $ 10,600 0.1%
$ 9,300 $ 15,400 0.2%
$ 661,200 $ 1,106,100 15.0%
ALL OTHER VEHICLES $ 3,741,900 $ 6,259,600 85.0%
$ 4,403,100 $ 7,365,700 100.0%
Street Maintenance Cost Impact
Vehicle Type
TOTAL
REFUSE VEHICLE SUBTOTAL
Residential Recycling Vehicles
Commercial Recycling Vehicles
Commercial Organics Vehicles
Percent of Total
Impacts
Residential Solid Waste Vehicles
Residential Yard Waste Vehicles
Commercial Solid Waste Vehicles
H.2.a
Packet Pg. 310 Attachment: HF&H Refuse Vehicle Public Street Maintenance Cost Analysis (3482 : Proposed 2025 (RY11) Solid Waste Garbage Rate Managing Tomorrow’s Resources Today
Mr. Steve Salomon
October 25, 2017
Tables 2 through 4 illustrate the impact of all vehicle types by each road classification, which combine to the system-wide values presented above in Table 1. It is worth noting that the vast majority of the impacts of Refuse Vehicles occur on the residential street type. Residential streets are designed to the lowest standard of all streets in the City. Their primary function is to provide access to individual residential properties for motorized vehicles, bicycles, and pedestrians. The residential streets are not designed to accommodate the frequency and loading of a Refuse Vehicle. A collector street is a low-to-moderate capacity road that moves traffic from residential streets to arterials. These types of streets are designed to a higher standard than residential streets to accommodate larger vehicles and more volume. Arterial streets provide direct, relatively high speed service for longer trips and large traffic volumes and are designed to the highest standard.
TABLE 2: RESIDENTIAL STREET IMPACT ANALYSIS
per lane @ Current Funding @ Target Funding
1,156 $ 219,900 $ 367,800 7.2%
877 $ 166,800 $ 279,000 5.5%
1,156 $ 219,900 $ 367,800 7.2%
3,188 $ 606,600 $ 1,014,600 20.0%
12,762 $ 2,427,700 $ 4,061,300 80.0%
15,950 $ 3,034,300 $ 5,075,900 100.0%
Vehicle Type
Total ESAL
Loadings /
Vehicle Type
Residential Recycling Vehicles
ALL OTHER VEHICLES
Residential Solid Waste Vehicles
Street Maintenance Cost Impact
Residential Yard Waste Vehicles
REFUSE VEHICLE SUBTOTAL
TOTAL
Percent of Total
Impacts
H.2.a
Packet Pg. 311 Attachment: HF&H Refuse Vehicle Public Street Maintenance Cost Analysis (3482 : Proposed 2025 (RY11) Solid Waste Garbage Rate Managing Tomorrow’s Resources Today
Mr. Steve Salomon
October 25, 2017
TABLE 3: COLLECTOR STREET IMPACT ANALYSIS
TABLE 4: ARTERIAL STREET IMPACT ANALYSIS
It should be noted that reasonable ranges exist for various key assumptions used in our analysis, and that the analysis is highly sensitive to changes in certain key assumptions. A discussion of key assumptions and sensitivities is provided later in this report. In a number of cases, this report relied on representations provided by City and Republic staff, which we assumed to be informed and reliable. per lane @ Current Funding @ Target Funding
1,156 $ 6,500 $ 10,900 0.9%
877 $ 5,000 $ 8,300 0.7%
1,156 $ 6,500 $ 10,900 0.9%
2,030 $ 11,500 $ 19,200 1.7%
840 $ 4,800 $ 8,000 0.7%
1,229 $ 7,000 $ 11,600 1.0%
7,287 $ 41,300 $ 68,900 6.0%
113,734 $ 643,100 $ 1,076,000 94.0%
121,021 $ 684,400 $ 1,144,900 100.0%
Percent of Total
Impacts
Street Maintenance Cost Impact
REFUSE VEHICLE SUBTOTAL
Residential Recycling Vehicles
Commercial Recycling Vehicles
Residential Solid Waste Vehicles
Residential Yard Waste Vehicles
Vehicle Type
Commercial Solid Waste Vehicles
Commercial Organics Vehicles
Total ESAL
Loadings /
Vehicle Type
ALL OTHER VEHICLES
TOTAL
per lane @ Current Funding @ Target Funding
1,156 $ 2,100 $ 3,600 0.3%
877 $ 1,600 $ 2,700 0.2%
1,156 $ 2,100 $ 3,600 0.3%
2,030 $ 3,700 $ 6,300 0.5%
840 $ 1,500 $ 2,600 0.2%
1,229 $ 2,300 $ 3,800 0.3%
7,287 $ 13,300 $ 22,600 1.9%
364,390 $ 671,100 $ 1,122,300 98.1%
371,677 $ 684,400 $ 1,144,900 100.0%
Commercial Solid Waste Vehicles
Commercial Recycling Vehicles
Residential Solid Waste Vehicles
Residential Yard Waste Vehicles
TOTAL
Residential Recycling Vehicles
REFUSE VEHICLE SUBTOTAL
Commercial Organics Vehicles
Percent of Total
Impacts Vehicle Type
Total ESAL
Loadings /
Vehicle Type
Street Maintenance Cost Impact
ALL OTHER VEHICLES
H.2.a
Packet Pg. 312 Attachment: HF&H Refuse Vehicle Public Street Maintenance Cost Analysis (3482 : Proposed 2025 (RY11) Solid Waste Garbage Rate Managing Tomorrow’s Resources Today
Mr. Steve Salomon
October 25, 2017
Overview
Road maintenance is based on deterioration. While roads will deteriorate if simply left unused, most deterioration is associated with use. The damage caused by vehicles increases much more than proportionately with size and weight. Hence, maintenance costs are greater for trips made by heavy vehicles. A single, large truck can cause as much damage as thousands of automobiles, and a truck’s configuration can affect the amount of damage as well. If the load is spread over more axles, allowing for less weight on each wheel, then damage is reduced.1
Refuse Vehicles are generally some of the heaviest
vehicles regularly operating on City streets. Accordingly, these vehicles contribute significantly to the cost of maintaining those streets.
The unit of measure used to rate the condition of pavement is the Pavement Condition Index (PCI), which rates pavements on a score of 0 to 100. Local roads within the Bay Area have an average PCI of 65. The City has reported that its streets have an average PCI of 56, which falls in the category of “Poor”.
Pavements in this range are significantly deteriorated and require immediate attention, including reconstruction and rehabilitative work.
Rapid deterioration of pavement typically occurs after roadways drop to a PCI score of 60 or lower;2 therefore, assuring adequate funding for an effective pavement management program for the City’s streets is critical and is one of the most financially prudent steps the City can take. Delays in preventative maintenance increase the quantity and severity of pavement defects, and result in higher costs during pavement life. Consequently, using only a routine and reactive approach will considerably increase the life cycle costs of the pavement. 3
Background
Starting on March 1, 2015, Republic began providing collection services for solid waste, recycling, and organics exclusively for residential and commercial customers in the City. Residential solid waste, recycling, and organics service is provided weekly with one of three types of Refuse Vehicle:
• 60% of residential accounts are serviced with side-loading vehicles that generally make a single pass down each side of a street to provide service (i.e., they service one side of the street on each pass);
• 20% of accounts are serviced by a Front End Loader with a Curroto Can attached to the front of the vehicle; and,
• 20% of accounts are serviced with a hard-to-service (HTS) vehicle. These Refuse Vehicles are typically much lighter, have a smaller capacity, and have a smaller impact on streets.
Commercial collection service is provided by Republic in varying frequencies to customers by front-loading vehicles. These vehicles service the average commercial solid waste accounts 2.1 times per week, but make 2 passes down the same street for a total of 4.2 times per week. Commercial recycling is collected on average 1.3 time per week with 2 passes made down the same street for a total of 2.6 times per week. 1 Rufolo, Cost-Based Road Taxation, Cascade Policy Institute, Policy Perspective #5, November 1995. 2 Metropolitan Transportation Commission, “Current Issues in Pavement Maintenance and Management.” July 2002 3 A Pavement Preventative Maintenance Program; Larry Galehouse, P.E., L.S.; Michigan Department of Transportation.
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Packet Pg. 313 Attachment: HF&H Refuse Vehicle Public Street Maintenance Cost Analysis (3482 : Proposed 2025 (RY11) Solid Waste Garbage Rate Managing Tomorrow’s Resources Today
Mr. Steve Salomon
October 25, 2017
Commercial organics are collected on average 1.3 times per week with 2 passes made down the same street for a total of 2.6 times per week.
Approach
Our analysis is based on the City’s projected Average Annual Expenditures and allocates the Average Annual Expenditures attributed to the impacts of Refuse Vehicles on the City’s streets. The basis for allocating the Average Annual Expenditures is made by calculating the Equivalent Single Axle Load (ESAL) of each type of vehicle traveling on the City’s streets, as described below.
The underlying premise for the analysis is similar to that of the 2008 Refuse Vehicle Impact Analysis. The weight and loading of Refuse Vehicles imposes a particular, specific, and quantifiable impact on City streets. The analysis is based on the fact that the City’s streets are designed to handle a certain amount of vehicle traffic (loading) over their design life. That loading is a function of both the number and weight of vehicles. The lifetime “vehicle loading” that a street can accommodate can be expressed as the total number of ESALs. Each vehicle type (e.g., Refuse Vehicles, other trucks, and automobiles) can be converted into an associated ESAL, based on the vehicle’s weight and its distribution among the vehicle’s axles. By projecting the type and number of vehicles that will travel on a street over its design life, the total number of ESALs can be calculated, and the street designed to handle that projected loading.
Similarly, the relative impact of each type of vehicle on that street can be calculated, based on the percentage of the total ESALs attributed to each vehicle type.
Methodology
The methodology used to project the impact of Refuse Vehicles can be summarized as follows:
Determine Design Standard
HF&H worked with the City and Republic to review the pavement design standards and the number of average daily vehicle trips by vehicle type (Refuse Vehicles, other trucks, and automobiles) on City roads used in our analysis. For the purposes of this study, we only updated the Refuse Vehicle data. We used the same design standards as these standards have not changed since the 2008 analysis. Residential streets are assumed to be designed to a traffic index (TI) of 5.5 or 15,950 ESALs. Collector streets are assumed to be designed to a TI of 7.0 or 121,021 ESALs and arterial streets are designed to a TI of 8.0 or 371,677 ESALs.
Determine the Impact of Each Vehicle Type
HF&H collected from Republic and through independent investigation, vehicle weights and profiles for the various vehicles being studied in this analysis. Each vehicle type was modeled based on weight, vehicle specifications, axle profile, and average payload. This modeling produced an average ESAL for each vehicle type, which was then used to assess the direct impact of each vehicle trip by each vehicle type.
Project Maintenance Costs Associated with Each Vehicle Type • The City provided its annual Streets and Roads Report data for the period FYE 2013 through 2017.
These annual costs were escalated by the five year average of the Engineering News Record H.2.a
Packet Pg. 314 Attachment: HF&H Refuse Vehicle Public Street Maintenance Cost Analysis (3482 : Proposed 2025 (RY11) Solid Waste Garbage Rate Managing Tomorrow’s Resources Today
Mr. Steve Salomon
October 25, 2017
Construction Cost Index for San Francisco to bring the costs into current 2017 dollars. This data was used to calculate the percentage of funding that was dedicated to pavement- versus non-pavementrelated activities. This calculation was used as the basis for the Average Annual Expenditures at the current spending level;
• The City provided its FYE 2018 through 2022 pavement rehabilitation program expenditure and funding estimates. The funding amounts for each of the five years were reduced by restricted funding sources (e.g., gas taxes) and projects not having to do with pavement maintenance (e.g., traffic improvements, pedestrian/bicycle projects, etc.). The funding amount for the five-year period was averaged and that average was used as the basis for the projected expenditures; • The Average Annual Expenditures and projected expenditures were allocated among residential, collector, and arterial streets in proportion to the percentage of lane miles for each of those street classifications; and,
• The residential, collector, and arterial street portions of the Average Annual Expenditures and projected expenditures were allocated among the various vehicle types in proportion to the calculated impact of each vehicle type, as determined above.
Key Assumptions/Inputs
The analysis relied in part on the following key assumptions, provided largely by the City and Republic and supplemented with data from other sources as noted:
• Residential streets account for approximately 68.9% of the total residential, collector, and arterial lane miles in the City;
• Collector streets account for approximately 15.5% of the total residential, collector, and arterial lane miles in the City;
• Arterial streets account for approximately 15.5% of the total residential, collector, and arterial lane miles in the City;
• Residential solid waste, recycling, and yard waste services are provided weekly; • Residential solid waste service is provided to 20% of the accounts using the smaller, lower impact HTS vehicles;
• Residential solid waste and organic payloads collected with the front end loader vehicles equipped with the Curroto Can are 21,250 pounds per load on average; • Residential solid waste and organic payloads collected with the standard side-loader vehicles are 18,850 pounds per load on average;
• Residential solid waste and organic payloads collected with the HTS vehicles are 11,960 pounds per load on average;
• Residential recycling payloads collected with the front end loader vehicles equipped with the Curroto Can are 15,000 pounds per load on average;
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Packet Pg. 315 Attachment: HF&H Refuse Vehicle Public Street Maintenance Cost Analysis (3482 : Proposed 2025 (RY11) Solid Waste Garbage Rate Managing Tomorrow’s Resources Today
Mr. Steve Salomon
October 25, 2017
• Residential recycling payloads collected with the standard side-loader vehicles are 15,000 pounds per load on average;
• Residential recycling payloads collected with the HTS vehicles are 8,970 pounds per load on average; • Commercial solid waste payloads are 22,850 pounds per load on average; • Commercial recycling payloads are 15,000 pounds per load on average • Commercial organic payloads are 22,850 pounds per load on average • Residential streets are designed to a TI of 5.5;
• Collector streets are designed to a TI of 7.0;
• Arterial streets are designed to a TI of 8.0;
• Refuse Vehicles servicing residential containers typically travel on each residential street segment twice to provide service (i.e., they service one side of the street on a single pass);4 • Commercial Refuse Vehicles service the average account for solid waste 2.1 times per week and make 2 passes for each account for a total of 4.2 trips per week; • Commercial recycling collection vehicles service the average account for solid waste 1.3 times per week and make 2 passes for each account for a total of 2.6 trips per week; • Commercial organic collection vehicles service the average account for solid waste 1.3 times per week and make 2 passes for each account for a total of 2.6 trips per week; • Refuse Vehicle tare weight and payload weight data was provided by Republic and was based on actual data for a “representative” vehicle from their total fleet for each of the truck types; • Refuse Vehicle axle weight distribution profiles were based on data provided by vehicle manufacturers for the same or similar vehicle types;
• Axle weight data for other trucks and automobiles was based on data compiled from a variety of sources including vehicle manufacturers and industry publications; • The City’s Average Annual Expenditures are approximately $4,403,100; and, • The City’s projected annual expenditures are approximately $7,365,700.
Using the assumptions noted above, the portion of the City’s Average Annual Expenditures associated with Refuse Vehicles was calculated following the previously described methodology.
Sensitivity Analysis
As noted in the Limitations section below, our analysis is based on a number of key assumptions, and changes to those assumptions may have a material impact on the resulting findings. The following 4 The analysis does not account for any additional passes due to vehicle routing (e.g., “dead-heading” over a previously serviced street).
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Packet Pg. 316 Attachment: HF&H Refuse Vehicle Public Street Maintenance Cost Analysis (3482 : Proposed 2025 (RY11) Solid Waste Garbage Rate Managing Tomorrow’s Resources Today
Mr. Steve Salomon
October 25, 2017
information provides an overview of the relative impact of changes in certain key assumptions on the projected impacts associated with Refuse Vehicles.
Average Annual Non-Discretionary Funding Shortfall
Our analysis is based on Average Annual Expenditures of approximately $4,403,100 and projected expenditures of approximately $7,365,700. Changes to those amounts would have a proportionate effect on the amount allocated to Refuse Vehicles, provided that the allocation of the Average Annual Expenditures to each functional classification of streets remains the same (e.g., a change in the Average Annual Expenditures amount of 10% would result in a 10% change in the amount of costs allocated to Refuse Vehicles).
Refuse Vehicle Trips
Changing the number of trips assumed for Refuse Vehicles has a direct effect on the projected impacts (e.g., the calculated impact for a Refuse Vehicle making two passes down each street segment is twice that of a Refuse Vehicle making only one pass). While the current number of trips associated with Refuse Vehicles is well established, changes to the collection methods (e.g., switching from two-pass fully automated side loader solid waste collection to one-pass semi-automated side- or rear-loader collection) would impact the number of Refuse Vehicle trips and the associated impact.
Total Vehicle Trips and Percentage of Vehicle Types
Changing the number of total vehicle trips (without changing the number of Refuse Vehicle trips), affects the projected impacts in roughly inverse proportion (e.g., doubling the number of total vehicle trips reduces the calculated impact of Refuse Vehicles by about half, while halving the number of total vehicle trips roughly doubles the calculated impact).
Changing the percentage of total vehicles assumed to be trucks has a material impact on the analysis. The impact of trucks is substantial; therefore, as the percentage of trucks increases, their relative impact increases, while the relative impact of Refuse Vehicles decreases. There is a similar relationship with automobiles; however, that impact is not as significant due to the lesser relative impact of automobiles.
Equivalent Single Axle Loadings (ESAL)
Changing the assumed ESAL for Refuse Vehicles has a roughly proportionate effect on the calculated impact. If we double the associated ESAL, the impact roughly doubles. Similarly, if we reduce the assumed ESAL by half, the impact is reduced by about half. While we have attempted to estimate the ESALs for Refuse Vehicles as accurately as possible, those calculations are highly sensitive to assumed vehicle weights (both loaded and unloaded) and the distribution of that weight among the vehicles axles.
The assumptions regarding the ESALs of each vehicle type affect the calculated impacts associated with each other vehicle type. Changes in the assumed ESALs of other trucks and automobiles have an inverse effect on the calculated impact of Refuse Vehicles (i.e., as the assumed ESAL of other trucks and/or automobiles increases, the calculated impact of Refuse Vehicles decreases and visa versa).
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Packet Pg. 317 Attachment: HF&H Refuse Vehicle Public Street Maintenance Cost Analysis (3482 : Proposed 2025 (RY11) Solid Waste Garbage Rate Managing Tomorrow’s Resources Today
Mr. Steve Salomon
October 25, 2017
Limitations
• Our analysis does not account for the potential impact of any non-vehicle-related factors (e.g., repair and maintenance of underground utilities). To the extent any such factors affect street maintenance and rehabilitation costs, the impact attributed to the different vehicle types would be affected. • Our analysis is based on the various assumptions noted, including the total number of vehicle trips and average ESALs associated with the various vehicle types. Changes to these assumptions may have a material impact on the analysis.
• Annual street maintenance costs can vary widely, both in total and specific to pavement- and nonpavement-related, expenses as well as the amount spent on residential versus collector and arterial streets. Our analysis is based on the City’s street maintenance cost and funding data for FYE 2013 through 2017 and the noted assumptions regarding those factors. Changes to those assumptions may have a material impact on the associated calculations.
* * * *
We appreciate the opportunity to be of service to the CCCSWA and the City. If you have any questions regarding this submittal, please do not hesitate to call me directly at (925) 977-6959.
Sincerely,
HF&H CONSULTANTS, LLC
Robert C. Hilton, CMC
Vice President
cc: Ken Etherington, Executive Director, CCCSWA
Marva Sheehan, Vice President, HF&H Consultants
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Packet Pg. 318 Attachment: HF&H Refuse Vehicle Public Street Maintenance Cost Analysis (3482 : Proposed 2025 (RY11) Solid Waste Garbage Rate 1850 MT DIABLO BLVD, SUITE 320 ● WALNUT CREEK CA 94596 ● (925) 906-1801 ● FAX 925-906-1801 ● WWW.RECYCLESMART.ORG On October 21, 2024, the Central Contra Costa Solid Waste Authority (RecycleSmart) staff met with the City of Orinda’s (City) Council representatives and their staff. At this meeting the components of Rate Year 11 (March 1, 2025 – February 28, 2025) rate setting were analyzed, explained and discussed. This letter summarizes the results of the October 21st meeting. We reviewed the City’s RY11 Revenue Requirement and its components as shown in Table 1 below:
Table 1 – RY11 Revenue Surplus (Shortfall)
Orinda
Republic's Compensation
1 Base Services $5,114,877
Member Agency/JPA-related Expenses
2 Franchise Fees $624,015
3 Vehicle Impact Fees 1,269,662
4 JPA Expenses 329,782
5 Recycling Processing Cost 208,774
6 Total MA/JPA-related Expenses $2,432,233
Other Program Costs
7 Reuse/Clean up Program $111,647
8 Revenue Requirement RY 11 $7,658,757
RY 10 Revenue Requirement $7,313,447
RY 10 Reserve Increase/Decrease $96,793
9 "Adjusted RY 10 Revenues" $7,410,240
10 RY11 Surplus/ (Shortfall) Prior to Use of Reserves -$248,517 RY11 Reserve Increase/Decrease $344,302
11 RY11 Surplus/ (Shortfall) After Use of Reserves -$592,819 H.2.b
Packet Pg. 319 Attachment: Recycle Smart's Summary of Orinda Rates - Rate Year 11 (3482 : Proposed 2025 (RY11) Solid Waste Garbage Rate Adjustments 1850 MT DIABLO BLVD, SUITE 320 ● WALNUT CREEK CA 94596 ● (925) 906-1801 ● FAX 925-906-1801 ● WWW.RECYCLESMART.ORG The total RY11 Revenue Requirement for the City is $7,658,757 (Line 8). As shown on Line 9, the adjusted prior year revenues are $7,410,240, for a projected revenue shortfall (after the addition of $344,302 in reserves) of $592,819 (Line 11). The franchise fee percentage of 12.2% of Republic’s Compensation and the City’s charge to Republic for its refuse vehicle’s impact to City streets remained unchanged.
A 8.00% rate increase was proposed resulting in a projected reserve balance of $1,544,074 at the beginning of RY11. Table 2 shows the proposed R11 rates for the most commonly subscribed services.
Table 2 – Proposed RY11 Rates
Residential RY11
20-gal $58.90
32-gal $67.31
64-gal $126.26
Commercial RY11
2CY (1x/wk) $783.28
3CY (1x/wk) $1,174.90
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Packet Pg. 320 Attachment: Recycle Smart's Summary of Orinda Rates - Rate Year 11 (3482 : Proposed 2025 (RY11) Solid Waste Garbage Rate Adjustments City Council
Staff Report
Agenda Item: H.3
Date: December 3, 2024
Department: Administration
AGENDA TITLE: Draft Legislative Platform
RECOMMENDATION:
Receive report and provide direction.
BACKGROUND:
On May 21, 2024, the City Council created a two-member ad-hoc committee, composed of Mayor Gee and Councilmember Iverson, to interview firms and make a recommendation to the City Council on the selection of a legislative advocacy firm.
Those interviews were held on June 6, 2024.
On July 2, 2024, the City Council approved the agreement with Townsend Public Affairs to provide legislative advocacy services. Included in their scope of services was the development of a draft legislative platform to guide the City’s advocacy efforts.
DISCUSSION:
A Legislative Platform includes goals, strategies, and priorities for organizing the City’s legislative advocacy efforts. The draft 2024 Platform (Attachment 1) was prepared to initiate the discussion with the City Council on the fundamental legislative issues important to the City over the next year.
The Platform includes a set of guiding principles under the following headings:
• Preserving Local Control
• Promoting Fiscal Stability and Sustainability
• Supporting Funding Opportunities
The draft 2024 Platform identifies specific Public Policy Priorities for the following categories:
1. Administration Services
2. Climate and Environment
3. Community and Economic Development
4. Local Government Finance
5. Parks and Community Services
6. Public Safety and Public Health
7. Public Works
These priorities will further guide the positions and advocacy efforts the City will take on all relevant legislation, policies, programs, ballot measures, mandates, and budgets.
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Packet Pg. 321
It should be noted that the list of Public Policy Priorities is not exhaustive. In those instances where potential legislation, policies, programs, ballot measures, mandates, and budgets do not fit within the specific Public Policy Priorities, the General Legislative Principles will guide City action.
The draft 2024 Platform was reviewed by Townsend Public Affairs to ensure it contains appropriate language for proposed and future legislation NEXT STEPS:
After receiving direction at the meeting, the Staff will work with Townsend to finalize the Legislative Platform and return to the City Council for adoption.
FISCAL IMPACT:
There is no fiscal impact associated with the presentation of this item.
ATTACHMENTS:
A. 2025 Draft Legislative Platform
Respectfully Submitted by:
Linda Smith
City Manager
Prepared By: Linda Smith, City Manager
Approved by:
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Packet Pg. 322
City of Orinda 2025 Legislative Platform
Purpose
This document serves as the City of Orinda’s guide to actively pursue pending legislation through monitoring and communications activities. The 2025 City of Orinda’s Legislative Platform represents the City Council’s position on current or future issues that have the potential to directly or indirectly impact the City.
Below are the Guiding Principles and Policy Statements that will allow City staff to address 2025 legislative and regulatory issues in a timely manner, without precluding the consideration of additional legislative and budget issues that may arise during the legislative session.
Platform Overview
The Legislative Platform provides a streamlined process through which the City Council, City Manager, City staff, and the City’s legislative advocates can act in a timely manner in response to legislative proposals. The Legislative Platform is adopted annually and serves as an opportunity to identify specific priority areas of interest for the City and the region, which benefit the community. The Legislative Platform is developed and maintained using legislative positions taken by the City Council, input from the City Council and City staff, research of current law and pending legislation, and discussions with local legislative staff in consultation with the City’s legislative advocates.
When the need to respond to state and federal legislation arises, Staff composes letters outlining the City’s position. These letters include one of the following positions: support, support if amended, oppose, oppose unless amended, neutral, or watch. Legislation that is consistent with the Legislative Platform is reviewed, approved and signed by the Mayor. When the Mayor is unavailable, legislative positions that are deemed time-sensitive and are consistent with the Platform may be approved and signed by the City Manager. Once approved, a position letter is sent to the bill’s author, the City’s legislative advocate, and other stakeholders as deemed appropriate by Staff, and a copy of the letter is distributed to the City Council.
Legislation that is inconsistent with or silent in the City’s Legislative Platform may be placed on a public meeting agenda for consideration by the City Council or a subcommittee of the City Council.
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Packet Pg. 323 Attachment: 2025 Draft Legislative Platform (3478 : Draft Legislative Platform)
GUIDING PRINCIPLES
I. PRESERVE LOCAL CONTROL
Preserve and protect the City’s powers, duties, and prerogatives to enact local legislation and policy direction concerning local affairs and oppose legislation that preempts local authority. Local agencies should preserve and enhance authority and accountability for revenues raised and services provided.
II. PROMOTE FISCAL STABILITY AND SUSTAINABILITY
Support measures and legislation that promotes fiscal stability, predictability, financial independence, and preserve the City’s revenue base and maximum local control over local government budgeting. Oppose measures that shift local funds to the county, state, or federal governments and/or make cities more dependent on the county, state, or federal governments for financial stability, such as mandated costs with no guarantee of local reimbursement or offsetting benefits.
III. SUPPORT FUNDING OPPORTUNITIES
Support opportunities that allow the City to compete for its fair share of regional, state, and federal funding, and that maintain current funding streams. Funding opportunities may include competitive grant and funding programs as well as dedicated funding streams at the regional, state, and federal levels that allow the City to maximize local revenues, offset and leverage capital expenditures, and maintain City goals and standards. Funding priorities include, but are not limited to public safety, disaster preparedness and prevention, wildfire mitigation, fuel modification, public works, transportation, road resurfacing, transit (bicycle lanes, sidewalks, trails, etc.), pedestrian safety, utility undergrounding, economic development, open space, land use, local zoning, community services, community development, sustainable communities, smart growth, water conservation and recycling, waste management and recycling, clean air, renewable energy, greenhouse gas emissions reduction strategies, technology improvements, mental health and crisis intervention, and affordable housing.
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Packet Pg. 324 Attachment: 2025 Draft Legislative Platform (3478 : Draft Legislative Platform)
POLICY STATEMENTS
ADMINISTRATION SERVICES
Staff recommends that the City Support state or federal legislation that:
1. Streamlines the process to apply for, and receive approval of, reimbursement funding for carrying out state or federal mandates.
2. Increases the use of technology for providing public services which have a defined funding stream or structure associated with the service.
3. Assists local agencies with the coordination, implementation, and funding of efforts to prepare for, and mitigate risks from, emergencies and natural disasters, such as wildfires, flooding, landslides, and earthquakes.
Staff recommends that the City Oppose state or federal legislation that:
1. Creates an additional financial burden on cities through unfunded mandates.
2. Reduces local control over employee relations issues or attempt to include specific requirements that must be considered as part of the local collective bargaining process.
3. Mandates new or enhanced local government employee benefits that could otherwise be addressed through the local bargaining process.
4. Imposes compulsory and binding arbitration with respect to employees.
5. Imposes redundant or unnecessary human resources burdens without sufficient reimbursement.
6. Diminishes or eliminates the City’s ability to contract with other governments, non-profit providers, or other service providers, for the provision of services.
CLIMATE AND ENVIRONMENT
Staff recommends that the City Support state or federal legislation that:
1. Reduces dependence on fossil fuels, developing alternative energy resources and fuelefficient technologies, and reducing greenhouse gas emissions in alignment with state and federal mandates and goals.
2. Provides for continued funding and incentives to cities to work together to improve air quality.
3. Requires manufacturers to assume financial and/or physical responsibility for the costs of collecting, processing, recycling or disposing of products at end-of-life.
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Packet Pg. 325 Attachment: 2025 Draft Legislative Platform (3478 : Draft Legislative Platform)
4. Advances projects that demonstrate cost-effective, environmentally friendly, cutting-edge technologies, and renewable energy for publicly owned facilities.
5. Provides equitable access to environmental benefits for all our communities and accelerate and improve clean energy infrastructure.
6. Streamlines development and provides funding for electric vehicle charging infrastructure locally and regionally.
Staff recommends that the City Oppose state or federal legislation that:
1. Reduces local participation and input on wildfire planning and mitigation efforts.
2. Weakens or reduces efforts and goals to improve air quality, water quality, and general environmental quality aimed at improving the overall climate in California.
COMMUNITY AND ECONOMIC DEVELOPMENT
Staff recommends that the City Support state or federal legislation that:
1. Strengthens the legal and fiscal capability of local agencies to prepare, adopt, and implement plans for orderly growth, development, and conservation of local planning areas.
2. Creates a more equitable Regional Housing Needs Allocation (RHNA) process that takes specific local factors, including affordability levels and availability of developable land, into consideration when developing regional allocation of units.
3. Allows local governments to adequately account for all types of housing that can be built in the City, including those through state-level streamlining programs, as part of the RHNA process.
4. Provides resources and technical assistance for the City to meet its affordable housing needs and requirements.
5. Provides additional tools, or increased penalties, for code enforcement, including that related to the commercial use of property in residential zones.
6. Recognizes the need to balance new residential and commercial development within areas that have been identified as high fire hazard severity zones.
7. Protects existing resources, reduces and prevents homelessness, and strengthens state and local partnerships to connect individuals with the care they need through coordinated care systems that provide access to wraparound services, including mental health and substance use treatment, and ongoing dedication of County Mental Health Services Act funds, for persons experiencing, or at risk of experiencing, homelessness.
8. Retains local control and authority in placing restrictions or regulations on residential units for tourist or transient occupancy use.
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Packet Pg. 326 Attachment: 2025 Draft Legislative Platform (3478 : Draft Legislative Platform)
9. Accelerates and streamlines the processing of permits for Accessory Dwelling Units.
10. Encourages regional, sub-regional, or countywide cooperation in planning urban development strategies, especially those that provide funding for effective implementation of agreed-upon goals.
11. Aims to achieve fair and proportionate representation on countywide and regional boards.
12. Addresses sustainable development practices and provides financial and technical support to the local government in implementing such practices.
13. Encourages reinvestment in downtown areas and provides funding to support efforts to revitalize core areas of communities.
Staff recommends that the City Oppose state or federal legislation that:
1. Imposes regional, state, or federal growth, development, or land use planning standards within the City.
2. Reduces or removes local control over zoning and other land use methods.
3. Removes local regulatory authority on the siting of telecommunications infrastructure, including cellular communications towers or transmission sites, and support legislation that promotes more local control.
LOCAL GOVERNMENT FINANCE
Staff recommends that the City Support state or federal legislation that:
1. Utilizes incentives to encourage local government action, rather than the imposition of state, federal, or regional mandates upon local governments, as well as federal mandates on the state.
2. Preserves maximum local control over any legislation that would increase taxes to support statewide infrastructure.
3. Grants greater flexibility to local governments in creating new revenue sources for infrastructure projects and maintenance.
4. Provides funding and assistance to local governments for mapping storm drains and improvements to local stormwater infrastructure.
5. Reimburses local governments for state of emergency related expenses, including the need for essential public safety service overtime, mutual aid assistance, and operation of community support networks, among other items.
6. Updates the tax structure to enhance local government revenues that have declined due to the expansion of e-commerce, increased consumption of services rather than durable goods, and innovations in technology.
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Packet Pg. 327 Attachment: 2025 Draft Legislative Platform (3478 : Draft Legislative Platform) Staff recommends that the City Oppose state or federal legislation that:
1. Proposes borrowing or redirecting local revenues as a means for the State to balance its budget.
2. Imposes unfunded, or underfunded, federal or state mandates on local governments.
3. Proposes to eliminate local development or franchise fees, or the limiting of the City’s ability to levy such fees, to provide for infrastructure or services for the community.
4. Requires, or expands, State involvement in local financial audits, fiscal monitoring, or general oversight by the State Treasurer, State Controller, or other state agencies.
PARKS AND COMMUNITY SERVICES
Staff recommends that the City Support state or federal legislation that:
1. Promotes access to parks and open space, and the development of streets and trails that encourage physical activity and healthy living.
2. Recognizes the benefits of parks and recreational facilities in the advancement of “sustainable communities” and curbing greenhouse gas emissions.
3. Increases funding for parks, open space, including open-space acquisitions, bike lanes, and non-motorized trails.
4. Provides funding for accessibility upgrades for park and recreational facilities so that they can be enjoyed by all members of the community.
5. Promotes collaboration with local, state, and federal stakeholders in the establishment of regional, state, and federal parks as well as open space while preserving local control and land management for future infrastructure projects.
6. Maintains and enhances local authority and economic flexibility to regulate solid waste and recyclables.
7. Provides flexibility for local jurisdictions to meet mandated short-lived climate pollutant goals set by the State through SB 1383 (Lara, 2016) and other legislation.
8. Regulates, eliminates or reduces waste from the production, distribution, or use of singleuse plastic food ware items as well as enhances the reliability of recycling operations.
Staff recommends that the City Oppose state or federal legislation that:
1. Reduces or eliminates the City’s ability to levy park impact fees.
2. Imposes requirements that create cost prohibitive administration burdens which may result in the reduction of parks programming.
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Packet Pg. 328 Attachment: 2025 Draft Legislative Platform (3478 : Draft Legislative Platform)
3. Adds redundant solid waste regulations without coordinated support and funding from the State and waste haulers.
PUBLIC SAFETY AND PUBLIC HEALTH
Staff recommends that the City Support state or federal legislation that:
1. Promotes a sense of community safety and well-being.
2. Increases funding opportunities for local law enforcement, fire suppression, mitigation, and prevention, emergency medical services and disaster preparedness initiatives.
3. Increases funding and resources for local governments and property owners for wildfire prevention, preparedness, and recovery, including home hardening, enhancing defensible space, and brush management.
4. Requires public utilities to provide for fire safety measures in high fire-risk areas.
5. Includes local jurisdictions as part of the wildfire planning process, including in any review, revision, or modification of state or local wildfire severity zone mapping.
6. Waives or streamlines permitting provisions for standard or routine fuel modification projects that intend to slow or prevent the spread of wildfires.
7. Ensures a robust insurance market for homeowners and businesses where policyholders have access to adequate levels of protection, at reasonable prices, including from wildfire and other natural disasters.
8. Efforts to strengthen the FAIR Plan as to ensure meaningful protections for all policyholders, as well as to ensure the long-term viability and solvency of the Plan in the event of significant disasters.
9. Efforts that provide hazard mitigation assistance to communities damaged by wildfires to prevent floods and landslides.
10. Increases the penalties associated with the sale or purchase of fentanyl and other dangerous drugs.
11. Advances sensible public safety reforms, particularly as it relates to retail theft, burglary, and assault.
12. Expands access and resources to public health care services, including mental health, behavioral health, and substance abuse services.
13. Promotes practices and procedures aimed at eliminating health related pandemics such as COVID-19 or other illnesses.
14. Promotes pedestrian and bicycling safety, including safe use of electronic bicycles (ebikes), and safe trail use.
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Packet Pg. 329 Attachment: 2025 Draft Legislative Platform (3478 : Draft Legislative Platform) Staff recommends that the City Oppose state or federal legislation that:
1. Reduces the ability of local governments to enact ordinances or take action to preserve the public safety of their communities.
2. Limits the ability of local government to provide input on statewide public safety initiatives, such as wildfire mapping and emergency preparedness, that reflect unique community dynamics and characteristics.
3. Creates barriers for homeowners and businesses from securing adequate levels of property insurance, due to the threat of wildfire, or reduces the likelihood that insurers will offer coverage to homeowners and businesses due to the threat of wildfire.
PUBLIC WORKS
Staff recommends that the City Support state or federal legislation that:
1. Increases funding for local transportation projects including road resurfacing projects; the City’s transit system; adding bicycle lanes, sidewalks, and trails throughout the city; and enhancing pedestrian safety.
2. Increases state and federal funding of transportation improvements with regional or subregional benefits for all modes of transportation.
3. Affords local agencies greater discretionary authority to expend available transportation funds and affords local jurisdictions greater flexibility over transportation-related issues.
4. Requires public utilities to underground power lines in high fire risk areas and support legislation that would provide funding for undergrounding of utilities.
5. Includes state, federal, and regional funding formulas that ensure equitable distribution of funds at the local level.
6. Provides for a more stable and equitable long-term funding source for local transportation needs.
Staff recommends that the City Oppose state or federal legislation that:
1. Infringes upon the ability of local governments to effectively administer and modify state and local construction provisions and standards.
2. Reduces local government’s ability to enact transportation impact fees that fund transportation improvements in affected communities.
H.3.a
Packet Pg. 330 Attachment: 2025 Draft Legislative Platform (3478 : Draft Legislative Platform)
LEGISLATIVE POSITIONS
Support – A support position indicates to the Legislature, regulatory agencies, and other stakeholders, that the City of Orinda is in favor of the legislation in question. A support position may include the following resources: position letters, councilmember/advocate testimony to committees, and meetings with members of the Legislature/regulatory agency to effectively communicate the City’s position.
Support if Amended – A support if amended position indicates to the Legislature, regulatory agencies, and other stakeholders, that the City of Orinda is neutral on this legislation in question but would move to a support position if the changes requested by the City are incorporated into the legislation. A support if amended position may include the following resources: position letters, councilmember/advocate testimony to committees, and meetings with members of the Legislature/regulatory agency to effectively communicate the City’s position and requested amendments.
Neutral – A neutral position indicates to the Legislature, regulatory agencies, and other stakeholders, that the City of Orinda is impartial on the legislation in question and does not wish to take a formal position. A neutral position may be communicated with additional feedback on the legislation.
Oppose – An oppose position indicates to the Legislature, regulatory agency, and other stakeholders that the City of Orinda is against the legislation in question. An oppose position may include the following resources: position letters, councilmember/advocate testimony to committees, and meetings with members of the Legislature/regulatory agency to effectively communicate the City’s position.
Oppose Unless Amended – An oppose unless amended position indicates to the corresponding legislature, regulatory agencies, and other stakeholders, that the City of Orinda is against the legislation in question but would move to a neutral position if the changes requested by the City are incorporated into the legislation. An oppose unless amended position may include the following resources: position letters, councilmember/advocate testimony to committees, and meetings with members of the Legislature/regulatory agency to effectively communicate the City’s position and requested amendments.
Watch – A watch position indicates to the City of Orinda will continue to monitor the legislation in question, but will not take, nor communicate, a formal position on the measure.
H.3.a
Packet Pg. 331 Attachment: 2025 Draft Legislative Platform (3478 : Draft Legislative Platform)