Oroville City Council
September 20, 2022

September 20, 2022~4:00 PM Oroville City Council Meeting Agenda Page 1 of 6

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
September 20, 2022

SPECIAL MEETING
CLOSED SESSION 4:00 PM
OPEN SESSION 4:30 PM
AGENDA

PUBLIC ACCESS AND PARTICIPATION
To view the meeting, attend the meeting or provide comment, please see the options below. All comments emailed will be provided to the Council Members for their consideration.

To View the Meeting:

1. Watch our live feed https://www.youtube.com/channel/UCAoRW34swYl85UBfYqT7IbQ/

2. Watch via Zoom
https://zoom.us/j/96870319529?pwd=dW9kMGRZSFo5MFFNQk5wVDUzRkRrZz09 Meeting ID: 968 7031 9529
Passcode: 67684553

3. Listen via Telephone
Telephone: 1-669-900-6833
Meeting ID: 968 7031 9529
Passcode: 67684553
To Provide Comment to the Council:

1. Email before the meeting by 2:00 PM your comments to [email protected]

2. Attend the meeting in person.

If you would like to address the Council at this meeting, you are requested to complete the blue speaker request form (located on the wall by the agendas) and hand it to the City Clerk, who is seated on the right of the Council Chamber. The form assists the Clerk with minute taking and assists the Mayor or presiding chair in conducting an orderly meeting. Providing personal information on the form is voluntary. For scheduled agenda items, please submit the form prior to the conclusion of the staff presentation for that item. Council has established time limitations of three (3) minutes per speaker on all items and an overall time limit of thirty minutes for non-agenda items.

If more than 10 speaker cards are submitted for an item, the time limitation would be reduced to one and a half minutes per speaker for that item. If more than 15 speaker cards are submitted for non-agenda items, the first 15 speakers will be randomly selected to speak at the beginning of the meeting, with the remaining speakers given an opportunity at the end. (California Government Code §54954.3(b)).

Pursuant to Government Code Section 54954.2, the Council is prohibited from taking action except for a brief response from the Council or staff to statements or questions relating to a non-agenda item.

CALL TO ORDER / ROLL CALL
Council Members: David Pittman, Eric Smith, Krysi Riggs, Art Hatley, Janet Goodson, Vice Mayor Scott Thomson, Mayor Chuck Reynolds
1 September 20, 2022~4:00 PM Oroville City Council Meeting Agenda Page 2 of 6

CLOSED SESSION
The Council will hold a Closed Session on the following:

1. Pursuant to Government Code Section 54957(b), the Council will meet with the City Administrator and the Personnel Officer related to the following positions: Police Chief

2. Pursuant to Government Code section 54956.9(d)(4), the Council will meet with the City Administrator and City Attorney regarding potential initiation of litigation – One cases.

3. Pursuant to Government Code section 54956.9(a), the Council will meet with the City Administrator, and the City Attorney relating to existing litigation: Sears v. City of Oroville

OPEN SESSION

1. Announcement from Closed Session

2. Pledge of Allegiance

3. Adoption of Agenda

PRESENTATIONS AND PROCLAMATIONS

1. Art Wall Presentation by the Rainforest Art Project

2. Cal Fire Update on Transition
PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
This is the time to address the Council about any item not listed on the agenda. If you wish to address the Council on an item listed on the agenda, please follow the directions listed above.

CONSENT CALENDAR
Consent calendar items 1 – 7 are adopted in one action by the Council. Items that are removed will be discussed and voted on immediately after adoption of consent calendar items.

1. CORRECTION OF SCRIVENER’S ERROR IN APPROVED DOLLAR AMOUNT FOR GOAT

GRAZING VEGETATION MANAGEMENT AGREEMENT
The Council may approve a correction of a scrivener's error in the goat grazing vegetation management services agreement total from $85,510 to $86,510, a difference of $1,000.00.

RECOMMENDATION
At this time, staff is recommending that the amount for grazing services be corrected and increased by $1,000.00 annually, for the remaining 2 years of the contract, bringing the contract total to $86,510.00 annually. For a full three-year contract total of $259,530.00. 2 September 20, 2022~4:00 PM Oroville City Council Meeting Agenda Page 3 of 6

2. AMENDMENT TO THE AGREEMENT FOR TREE PRUNING SERVICE
The Council may consider an amendment to the agreement for tree pruning with P31 Enterprises, Inc. in an amount not to exceed $1,595.00 per day or not to exceed $80,000.00 through the end of the 22/23 fiscal year.

RECOMMENDATION
Authorize Staff to amend the agreement for tree pruning services within the City’s public right of way to P31 Enterprises, Inc.

3. SUBMITTAL OF A LOCAL AGENCY TECHNICAL ASSISTANCE GRANT APPLICATION

FOR A BROADBAND NETWORK DESIGN PROJECT
The Council will receive information regarding the submittal of an application to the CPUC for Local Agency Technical Assistance (LATA) program for which the City of Oroville is eligible to apply.

RECOMMENDATION
Informational only.

4. DRAINAGE AND GRAVEL INSTALLATION PROJECT FOR THE BUTTE COUNTY SHERIFF’S MARINE UNIT HANGAR GATE ENTRANCE AREA AT THE OROVILLE

AIRPORT
The City Council may consider approving a contract with RCI General Engineering to install culvert pipe, gravel and do miscellaneous grading for the Butte County Sheriff’s Department entrance at the Oroville Municipal Airport at a cost of $34,290.

RECOMMENDATION
Adopt Resolution No. 9096 – A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A CONTRACT WITH RCI GENERAL ENGINEERING IN THE AMOUNT OF $34,290.00. – AGREEMENT No. 3429.

5. AUTHORIZATION TO PURCHASE NEW COMMUNITY DEVELOPMENT VEHICLES The Council will receive information regarding the purchase of (2) 2023 Ford F-150 pickup trucks and (1) 2022 Ford Explorer from Oroville Ford.

RECOMMENDATION
The Council will receive information regarding the purchase of (2) 2023 Ford F-150 pickup trucks and (1) 2022 Ford Explorer from Oroville Ford.

6. TASK ORDERS FOR PROFESSIONL SERVICES AGREEMENT WITH TROVER

CONSTRUCTION PROJECT MANAGEMENT, LLC
The City Council may consider approving task orders for Professional Services Agreement with Trover Construction Project Management LLC to perform construction management of City facility repair and remodel projects.

RECOMMENDATION
Approve Task Orders as presented.
3 September 20, 2022~4:00 PM Oroville City Council Meeting Agenda Page 4 of 6

7. AUTHORIZATION TO TRANSFER SURPLUS AXON TASER EQUIPMENT AND

UNEXPENDED CARTRIDGES TO THE GRIDLEY POLICE DEPARTMENT
The Council will consider authorizing the transfer of X26P Tasers, batteries for Tasers, cartridges for Tasers and training cartridges for Tasers, to the Gridley Police Department.

RECOMMENDATION
Authorize the transfer of Taser equipment as listed in this staff report, to the Gridley Police Department

REGULAR BUSINESS

8. PROJECT CONTRACT WITH Q & D CONSTRUCTION, LLC
The Council may consider a Project Contract with the lowest responsive bidder, Q&D Construction, LLC, in the amount of $380,972.50, for the Oroville Airport crack seal runway 2-20 & associated taxiways (Project).

RECOMMENDATION
Adopt Resolution No. 9097 – A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A PROJECT CONTRACT WITH

THE LOWEST RESPONSIVE BIDDER, Q & D CONSTRUCTION, LLC, IN THE AMOUNT OF $380,973 FOR THE AIRPORT CRACK SEAL PROJECT – (Agreement No. 3430). 4 September 20, 2022~4:00 PM Oroville City Council Meeting Agenda Page 5 of 6

PUBLIC HEARINGS
The Public Hearing Procedure is as follows:
- Mayor or Chairperson opens the public hearing and staff will present the item and answer Council questions.
- The hearing is opened for public comment limited to three (3) minutes per speaker. In the event of more than ten (10) speakers, time will be limited to one and a half (1.5) minutes.

Under Government Code 54954.3, the time for each presentation may be limited. - Speakers are requested to provide a speaker card to the City Clerk - Public comment session is closed and then the Council will debate and take action - Those wishing to speak at the public hearings below, but unable to attend before 5pm, may request that the council consider holding the public hearing after 5pm by emailing [email protected] or calling 530-538-2535. Please submit request 24 hours before the meeting.
- Individuals may email comments for council consideration to [email protected]

9. PUBLIC HEARING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2022 PROGRAM

INCOME ONLY APPLICATION AND USE OF CDBG PROGRAM INCOME FOR

IMPROVEMENTS TO THE OROVILLE CONVENTION CENTER
Council will conduct a public hearing solicit input and comments regarding the proposed usage of CDBG program Income on-hand and future receipts to apply for a Program Income Only application to make additional improvements to the Oroville Convention Center.

Additionally, Council will consider approving a budget adjustment utilizing the unanticipated program income funds for these activities.

RECOMMENDATION
Open the public hearing to discuss the program income-only application and solicit public input and comments.

Adopt Resolution No. 9098 – A RESOLUTION APPROVING AN APPLICATION FOR FUNDING

AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE 2021-2022 FUNDING YEAR OF THE STATE CDBG PROGRAM

REPORTS / DISCUSSIONS / CORRESPONDENCE

1. Council Announcements and Reports

2. Future Agenda Items

3. Administration Reports
i. August 2022 Departmental Reports for Council Update
ii. Police Department Monthly Report
5 September 20, 2022~4:00 PM Oroville City Council Meeting Agenda Page 6 of 6

ADJOURN THE MEETING
The meeting will be adjourned. A regular meeting of the Oroville City Council will be held on October 4, 2022 at 4:00 p.m.

Accommodating Those Individuals with Special Needs – In compliance with the Americans with Disabilities Act, the City of Oroville encourages those with disabilities to participate fully in the public meeting process. If you have a special need in order to allow you to attend or participate in our public meetings, please contact the City Clerk at (530) 538-2535, well in advance of the regular meeting you wish to attend, so that we may make every reasonable effort to accommodate you. Documents distributed for public session items, less than 72 hours prior to meeting, are available for public inspection at City Hall, 1735 Montgomery Street, Oroville, California.

Recordings - All meetings are recorded and broadcast live on cityoforoville.org and YouTube. 6

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND CITY COUNCIL MEMBERS
FROM: DAWN NEVERS, ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR RE: CORRECTION OF SCRIVENER’S ERROR IN APPROVED DOLLAR

AMOUNT FOR GOAT GRAZING VEGETATION MANAGEMENT

AGREEMENT
DATE: SEPTEMBER 20, 2022

SUMMARY
The Council may approve a correction of a scrivener's error in the goat grazing vegetation management services agreement total from $85,510 to $86,510, a difference of $1,000.00.

DISCUSSION
On March 16, 2021, the City Council approved the three-year agreement with Blue Tent Farms for goat grazing vegetation management services of 15 City owned locations in the amount of $80,010 annually for a total of $240,030 for three years.

On April 5, 2022, staff added the area of the Dry Creek drainage basin in the amount of $5,500 annually, and expanded the Airport Dog Park area, increasing that area to $2,500, bringing the contract total to $86,510 annually. However, a scrivener’s error was made in the staff report total contract amount for services reducing it by $1,000.00 annually.

The updated and correct annual amended contract amount for goat grazing services is $86.510.00.

FISCAL IMPACT
The funds are available in Account No. 3001 Streets - 7135 Weed Abatement and 3111 Parks - 7135 Weed Abatement, Fund 100 (General Fund Balance) and should only impact the 22/23 budget by $1,000.00.

RECOMMENDATION
At this time, staff is recommending that the amount for grazing services be corrected and increased by $1,000.00 annually, for the remaining 2 years of the contract, bringing the contract total to $86,510.00 annually. For a full three-year contract total of $259,530.00.

ATTACHMENTS
None
7 Item 1.

8 Item 1.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND CITY COUNCIL MEMBERS
FROM: DAWN NEVERS, ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR RE: AMENDMENT TO THE AGREEMENT FOR TREE PRUNING SERVICE DATE: SEPTEMBER 20, 2022

SUMMARY
The Council may consider an amendment to the agreement for tree pruning with P31 Enterprises, Inc. in an amount not to exceed $1,595.00 per day or not to exceed $80,000.00 through the end of the 22/23 fiscal year.

DISCUSSION
On May 3, 2022, the City Council approved the agreement for tree pruning services within the City’s public right of way to P31 Enterprises, Inc. in an amount not to exceed $1,595.00 per day or $120,000.00 annually.

The City Arborist has monitored all work performed and is satisfied with the work that has been completed to date. The work completed has cleaned up any of the hazardous limbs that hang within the right of way as well as the removal of trees that have raised city sidewalks causing trip hazards. However, the funds have almost been exhausted and there is a need to prune additional trees throughout the city. Staff is requesting an amendment to the current agreement with P31 Enterprises, Inc. through the end of the 22/23 fiscal year to add an additional amount not to exceed $80,000. Staff budgeted $200,000 for contract tree work 2022/23 fiscal year.

FISCAL IMPACT
The funds in the amount not to exceed $80,000 and has been budgeted in 2022/2023 Parks & Trees Operations Account No. 3112-6360 – Outside Services. Total budgeted is $280,000.

RECOMMENDATION
Authorize Staff to amend the agreement for tree pruning services within the City’s public right of way to P31 Enterprises, Inc.

ATTACHMENTS

1. Amendment to the Agreement No. XXXX
9 Item 2.

AMENDMENT TO THE AGREEMENT FOR

PROFESSIONAL SERVICES
(Agreement No. XXXX-X)
This Amendment dated September 20, 2022 is to the Professional Services Agreement between the City of Oroville (“City”) and P31 Enterprises, Inc. Tree Service ("Contractor").

In consideration of the terms and conditions herein, the City and the Contractor agree that the amendment to the agreement is affective September 20, 2022, and shall be amended as follows:

1. The services of Contractor are to commence upon execution of this Agreement and shall continue until June 30, 2023, or until the funds are exhausted, unless subsequently amended by the parties, or until cancelled by either party.

2. Compensation to be paid to Contractor in an amount not to exceed of Eighty Thousand Dollars ($80,000).

3. Conflict between this Amended Agreement and Agreement No. XXXX shall be controlled by this Amendment. All other provisions within Agreement No. XXXX shall remain in full force and effect.
[SIGNATURE PAGE TO FOLLOW]
00070616.1
10 Item 2.

This Amendment is approved by the City Council of the City of Oroville at a regular meeting held on September 20, 2022.

CITY OF OROVILLE P31 Enterprises, Inc.

By: ______________________________
Chuck Reynolds, Mayor
By: _______________________________
APPROVED AS TO FORM:

By: ______________________________
Scott E. Huber, City Attorney
ATTEST:

By: _____________________________
City Clerk
Lori Curtis
Title: ___________________________
Business License No.: _______________
Tax ID No.: _____________________
00070616.1
11 Item 2.
4 SPECI FICATIONS
For
TreeTrimming Services
For
City Street Trees and Public right of way Trees
SCOPE:

A. The "City Representative" shall refer to the City's Parks and Trees Supervisor, or his or her designee. The terms "Contract" shall refer to the contract entered between City and the selected Contractor.

B. The Contractor shall take a proactive approach in correcting problems within the Contractors' span of responsibility and control. Other problems and suggestions for improvements, both short and long term, must be submitted promptly to the City Representative for appropriate action.

C. Contractor's employees shall wear proper protective clothing, and their clothing shall bear their business name or be unmarked. When needed, the Contractor's staff will utilize rain gear, rain boots, safety shoes, and other high visibility and protective equipment. All contracted employees while on the site shall exhibit a professional appearance. Contractor's equipment and vehicles shall also be professional in appearance and be well maintained for safe operation.

D. In order to submit a bid for Routine Work, the Contractor must have a maintenance yard in the Oroville Area, Shall have a Certified Arborist on Staff and have Ariel trucks in their work fleet
E. Scheduled operations for residential zones shall commence no earlier than 7:00 A.M. and shall be completed each day no later than 6:00 P.M. The use of power equipment or other work close to residential areas that results in noises shall not be permitted before 8:00 AM or after 5:00 PM. Work along major arterial streets may be subject to additional time restrictions
F. Any private property or City property damaged or altered in any way during the performance of the work under this contract shall be reported promptly to the City Representative and shall be rectified in an approved manner back to its condition prior to damage, at the Contractor's expense, within 72 hours. Any hazardous conditions noted, or seen, by the Contractor that have occurred by any means other than during the performance of the Contractor's work, whether by vandalism or any other means, shall be promptly reported to the City Representative. The Contractor is responsible for securing any immediate hazards with caution tape, safety cones, and/or barricades until a City Representative arrives to the location.
12 Item 2.
5 G. Contractor agrees to perform all work outlined in the Contract in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all City, County, State or other legal requirements including, but not limited to, full compliance with the terms of the applicable O.S.H.A., ANSI Z133 Safety Requirements and CAL E.P.A. Safety Orders at all times so as to protect all person, including Contractor's employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property.

Contractor shall cooperate fully with City in the investigation of any accident, injury or death occurring on City property, including a complete written report thereof to the City Representative within twenty-four (24) hours following the occurrence.

H. The Contractor will be permitted to reduce traffic to one through lane except on arterial or collector streets. On arterial or collector streets, the Contractor shall maintain traffic as directed by the City Representative. All traffic control shall conform to the requirements of the California Manual on Uniform Traffic Control Devices (CAMUTCD), Revision 3 for construction and maintenance work zones. Contractor at its own expense shall ensure proper signage, as approved by the City Representative, during lane closures. Traffic Control may include: lights, flares, signs, temporary railings, flag person(s), or other devices as required by the City Representative. It shall be the Contractor's responsibility to post no parking areas as required to perform work.

Barricades can be provided by the City, if available, for pickup at the City Corporation Yard. Arrangements for signs and barricades can be made by verbal or written request to the City Representative five working days in advance of the need for signs and barricades. Full compensation for conforming to the requirements of this Section including Traffic Control shall be considered as included in the contract prices paid for the various items of work and no separate payment may be made.

I. Adjacent property and improvements shall be protected from damage and intrusion at all times during the execution of the work embraced herein. Any damage to adjacent properties shall be repaired or replaced by the Contractor at its sole expense.

Work shall be carried out in a manner to avoid all conflicts with use of and access to adjacent properties.

J. During the progress of the work, if latent physical conditions are encountered at the site differing materially from those indicated in the Contract, or if unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract are encountered at the site, the party discovering such conditions shall promptly notify the City Representative in writing of such specific differing conditions before they are disturbed and before the affected work is performed. Upon notification, the City Representative will investigate the conditions, and if the City Representative determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of the work under the Contract, an adjustment will be 13 Item 2.
6 made, and the Contract modified in writing accordingly. The City Representative will notify the Contractor of his determination if an adjustment of the Contract is warranted in writing. No Contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has requested such in writing. No Contract adjustment will be allowed under provisions specified in this section for any effects on unchanged work .

K. Contractor shall invoice the City monthly in a form approved by the City representative. Invoicing shall include a detail of costs for work performed during the payment period, a summary of current invoice amounts, previous payments, and total payments to date. The Contractor shall provide monthly progress reports with the monthly invoices. These reports are to include the following information:

1. - Date of work performed

2. - Description of work performed

3. - Tree location (street address and side)

4. - Tree condition
L. Payment will be made for work satisfactorily completed as called for in the Contract. The City Representative shall inspect and notify the Contractor of any unsatisfactory work. Unsatisfactory work shall be corrected within 24 hours. Contractor or Contractor's representative shall meet with a representative from the City as requested by the City, during the life of the Contract, in order to inspect work performed.

Full compensation for conforming to the work of these specifications shall be considered as included in the Contract unit prices, or the proposed hourly rates and material markup, and no further payment may be made thereof. The Contract rates shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in completing the work as specified herein, and as directed by the City.

M. If City gives reasonable notice to Contractor, City may propose in writing changes to Contractor's work within the Scope of Services described. If Contractor believes any proposed change causes an increase or decrease in the cost, or a change in the schedule for performance, of the services, Contractor shall notify City in writing of that fact within five (5) days after receipt of written proposal for changes . Contractor may also initiate such notification, upon identifying a condition which may change the Scope of Services as agreed at the time of execution of this Agreement covering such Scope of Services. When and if City and Contractor reach agreement on any such proposed change and its effect on the cost and time for performance, they shall confirm such agreement in writing as an amendment to this Agreement. In the event the Parties cannot reach agreement as to the proposed change, at the City's sole discretion, Contractor shall perform such work and will be paid for labor, materials, equipment rental, etc., used to perform the work. City shall not be liable for payment of any changes in this section, nor shall Contractor be obligated to perform any such changes, except upon such written amendment or supplement; provided that if, upon City's written request, Contractor begins work in accordance with a proposed change, City 14 Item 2.
7 shall be liable to Contractor for the amounts due with respect to Contractor's work pursuant to such change, unless and until City notifies Contractor to stop work on such change Any additional work requested once the not-to-exceed amounts for the term of the Contract have been reached will require a formal amendment to the Contract.

N. Rates shall include all direct and indirect costs. For labor or equipment not listed in the Bid Proposal which is needed to perform additional work, the hourly rate shall be agreed upon between the City and Contractor before the services are performed.

0. Routine work shall be scheduled with the City Representative and must be performed within the prescribed amount of time. Itwill be necessary to perform some of the assignments on weekends (Saturdays and Sundays) or during nighttime hours due to the location of the work to be performed. The necessity of this will be determined by the City Representative. Compensation for work completed on a weekend or at night will be in accordance with the State of California labor codes and based on normal working hour rates
P. The Contractor shall have experience conducting routine and emergency tree services over the past five (5) years and shall be duly registered and licensed with either a C61-D49 or C27-D49 license in the State of California. The Contractor's employees shall be subject to the following minimum requirements, skills, abilities and knowledge:

1. • Demonstrated knowledge of tree care and related operations.

2. • Current licenses for operation of equipment utilized by such employee.

3. • Ability to operate and maintain equipment in accordance with the manufacturer's recommendations

4. • Mechanical ability to make required operator adjustments to the equipment being used.

5. • Knowledge of safety regulations as they relate to tree care and traffic control.

6. • At all times during contracted tree maintenance activities, the firm shall have work crews on site that have a foreperson who can effectively communicate with residents and receive and complete instructions given by City staff and proper authorities. The City has the right to determine crew size for all City tree work assignments.

Q. It will be the responsibility of the Contractor to provide all equipment and labor as necessary to perform the work described in these documents in a safe, efficient, aesthetically pleasing, and legal manner. All equipment, vehicles, and tools must be kept in a clean and safe condition as directed by OSHA at all times during the Contract.

All vehicles that are used by the Contractor shall have the Contractor's company name, logo, and vehicle number on it. The Contractor shall always furnish and maintain sufficient equipment as necessary to perform the work of the Contract. Such equipment shall be subject to the inspection and approval of the City Representative. If the 15 Item 2.
8 contractor is unable to consistently provide the necessary equipment to perform the work, it may be considered a breach of the Contract.

R. For all Routine Work the Contractor shall, with City approval, aggregate or collect tree work that needs to be performed so that work is performed on a reasonable number of trees on the same day (a standard work day is considered at least 8 hours of field work) to maximize efficiency. All scheduled work shall be preapproved by the City Representative. The City intends to only schedule routine maintenance when the tree contractor crew can fill up a standard work day
S. Tree Trimming and Pruning Standards:

Trimming and pruning operations shall be coordinated with the City Representative and meet the most current editions of the following benchmark standards:
 American National Standards Institute (ANSI) A300 Pruning Standards • ANSI Z133 .1 Safety Standards
• ISA Best Management Practices: Tree Pruning
To ensure that pruning is appropriate for the species and tree/site conditions, it is important to have a clear understanding of the specific needs of the tree and the objectives for pruning. Pruning objectives include the following:
• Improve structural strength and reduce failure potential • Provide clearance for pedestrians, vehicles, structures and low voltage utilities • Improve safety and security for residents and visitors • Repair structural damage from wind loading
• Improve aesthetic characteristics
• Reduce maintenance costs
• Prevent or mitigate a pest problem
Standard 1: All pruning cuts shall conform to ANSI A300 standards (Part 1: Pruning).

Do not make flush cuts or leave branch stubs. Cuts shall be made outside the branch collar in a manner that promotes callous growth to cover wounds.

Standard 2: Not more than 25% of the crown shall be removed within an annual growing season. The percentage of foliage removed shall be adjusted according to age, health, and species considerations. Up to 30% crown removal may be accepted for Ulmus parvifolia or other special species after consultation with the City Arborist.

Standard 3: Pruning equipment shall be sharp and sized appropriately for the pruning cut. Chainsaws shall not be used to remove branches 2" or less in diameter. Avoid the use of any pruning and climbing equipment that may cause damage to bark tissue.

Spikes (climbing spurs) shall not be used for climbing trees unless the tree is being removed. Pruning tools shall be treated with a disinfectant (such as Lysol) when pruning trees infected with a pathogen that may be transmitted (on tools) from one tree to another of the same species, such as elms (Ulmus spp.). Disinfectants should be used before and after pruning individual trees.

Standard 4: All persons engaged in tree pruning shall be familiar with each of the pruning types. Selection of the pruning type(s) shall be based on pruning objectives.

Refer to publication ISA Best Management Practices Tree Pruning for descriptions of 16 Item 2.
9 pruning types. Clearance pruning that does not comply with Standard 2 shall be conducted only under the supervision of the City Arborist.

Standard 5: Heading cuts shall not be used when pruning mature trees, except in very limited cases with approval from the City Arborist. Whenever possible, use reduction cuts to reduce height and branch removal cuts (thinning cuts) to reduce branch end weights. When reduction and branch removal cuts are not possible (such as when interior lateral branches are not present) and tree hazard potential is high, then heading cuts may be needed, but their use should be minimized.

Standard 6: Clearance pruning shall be defined as to provide the following distances:
• Roadway- not less than 14' from road surfaces
• Sidewalk- not less than 7' from sidewalk surfaces
• Building- not less than 8' from vertical building surfaces • Roofs and street lights- not less than 1O' from building roof surfaces or street lamps • Utility and telecom drop lines- not less than 2' or sufficient clearance to prevent service interruption and vascular tree growth onto wires Standard 7: Wildlife Protection: Prior to the commencement of any work near any tree, each tree shall be visually surveyed, from all sides, for the sole purpose of detecting the presence of bird nests or wildlife of any type. If a nest is found and is determined to be active, there shall be no work of any type in the tree in which the nest is found without the written permission of the City's designated representative. At no time shall any nest or wildlife be removed from its location. If wildlife is accidentally displaced, the Contractor shall notify the City representative for assistance.

T. Prior to beginning City tree pruning, removal and maintenance work, the Contractor shall review with the City Representative various methods, tools, and work scheduling to be used on the project(s). Any structural weakness, decayed trunk or branches, split crotches or limbs and included bark discovered by the Contractor while trimming shall be reported to the City Representative for determination of action, as soon as it is discovered. When working on a tree, the Contractor shall be responsible for the removal of all vines entwined in the tree or around its trunk, and for the removal of sucker growth from tree trunks. Limbs over one inch in diameter shall be precut to prevent splitting or ripping bark. Removal from a tree of branches three and one-half inches (3.5") or larger in diameter shall be lowered by proper ropes to the ground.

Potentially damaging limbs that can damage property must be rope lowered. Any damage caused by dropping limbs shall be repaired within three (3) days at the Contractor's expense and to the satisfaction of the City Representative. All debris resulting from tree pruning operations shall be removed from the work site daily. A work zone shall be established and maintained for each tree trimming or other operation. The Contractor shall use all appropriate methods used in the field of tree trimming and tree maintenance for establishing and maintaining such work zone. No person other than members of the Contractor's work crew may be allowed to enter such work zone. If any person enters such work zone, the Contractor shall immediately cease all work and operation of all equipment until the work zone is clear. The Contractor agrees to provide 17 Item 2.
10 the highest quality commercially accepted methods, procedures and controls for tree pruning, removal and maintenance consistent with the International Society of Arboriculture Pruning Standards (BMPs), ANSI A300 Standards and information in standard arboriculture industry references. This shall include the use of proper knowledge, skills, materials and equipment of a timely basis to maintain all areas in a clean, safe, healthy, and aesthetically acceptable manner during the entire term of the Contract. The Contractor shall furnish tree services by qualified arborists, site managers and tree worker crews to provide tree pruning, removal and maintenance activities that comply with this Specification. It will be the responsibility of the Contractor to provide all equipment, materials, and labor as necessary to perform the work described in these documents in a safe, efficient and legal manner.

U. Types of Tree Work
a. Pruning
i. Pruning for Structure:

Structural pruning is the removal of live branches and stems to influence the orientation, spacing, growth rate, strength of attachment and ultimate size of branches and stems. It is used on young and medium aged trees to help engineer a sustainable trunk and branch arrangement. It is used on large maturing trees to reduce certain defects and space main branches along one dominant trunk. This pruning type can be summed -up in the phrase: subordinate or remove codominant stems. This practice can limit the failure potential of included branch attachments. The maximum diameter of reduction cuts will be specified. Structural pruning is also the foundation for the following pruning types.
ii. Pruning to Raise:

Raising is the selective removal of branches to provide vertical clearance. Crown raising shortens or removes lower branches of a tree to provide clearance for buildings, signs, vehicles, pedestrians and views. Live crown ratio should be no less than 66% when raising is completed and some structural pruning is considered by the City to be part of this pruning. Clearance objectives are specified above in Tree Pruning Standard 6. iii. Pruning to Clean:

Crown Cleaning or cleaning out is the removal of dead, diseased, detached and broken branches 112" or larger. This type of pruning is done to reduce the risk of falling branches and to reduce the risk of decay spreading into the tree from dead or dying branches. Cleaning is the preferred pruning method for mature trees. Cleaning removes branches with cracks that may be prone to fail. Care must be used to avoid stripping branches of too foliage at the interior of the tree crown. This practice which is known as "lion tailing" is unacceptable. The location and diameter of branches to be removed may be specified.
iv. Pruning to Reduce:

Crown Reduction is the selective removal of branches and stems to decrease the height and/or spread of a tree. This is done to minimize risk of failure, to reduce height or spread, to clear vegetation form buildings, structures or utilities. Crown reduction should be accomplished with reduction cuts, not heading cuts. While reducing a crown, tree workers must adhere to basic tree trimming practices involving limb/branch size relationships and use of the branch bark collar to avoid the onset of decay at cut sites 18 Item 2.
11 v. Pruning to Restore:

Crown Restoration is the selective removal of branches, sprouts and stubs from trees that have been previously topped, severely headed, lion tailed or otherwise damaged.

One to three sprouts are selected for retention on trees with many sprouts originating at the tips of branches. Location and percentage of sprouts are specified vi. Grid Pruning:

A Consists of pruning 7 or more trees located at the same or at consecutive street addresses. The term is used to reflect an economy of scale when pruning trees in one location and shall be reflected with bid pricing reduced from the single tree pruning bid price.

B Stump Grinding and Tree Removal Tree removal consists of the removal of the above ground portion of a hardwood tree or palm tree. Stump removal consists of the removal of the tree root crown and tree roots to a depth of 18" or until roots are no longer encountered and distances of at least 24" from the outer circumference of the tree stump or until roots are no longer encountered.
b. The Contractor shall comply with all general standards described herein. i. The price given by the Contractor for tree removals shall be inclusive of all staff, materials and equipment necessary to remove trees as described herein ii. The City is responsible for marking trees for removal so that they are easily identified for Underground Service Alert (USA) and the Contractor. The Contractor shall be required to contact USA at least 2 working days prior to stump grinding. The Contractor is hereby made aware that many trees in the downtown area are located adjacent to street lighting or other utilities within, which are within 12" of finished grade. iii. The Contractor shall notify the City Representative in writing of any condition that prevents the removal of a tree and/or the removal of its root system. The Contractor shall take all responsibility for any damage that occurs once the process of removing a tree and/or associated root removal begins.
iv. The Contractor shall comply with wildlife protection standards described herein whenever removing a tree: The Contractor shall not remove any tree without first confirming that the tree being considered is indeed the tree to be removed. Any confusion should be resolved by contacting the City Arborist for assistance. The errant removal of trees shall be penalized up to but limited to the cost of the replacement. v. During a tree removal, the Contractor shall maintain control of the tree and its parts at all times, which shall include the selection and use of proper techniques and equipment. At no time shall branches, limbs or tree trunks be allowed to freefall and create damage of any type. The Contractor will be held liable for loss of control incidents and shall pay for all damages and associated costs. vi. Cranes and other rigging equipment shall be properly certified, with evidence of such available for inspection prior to use of said equipment in the City. Crane operators shall be certified by the National Commission for the Certification of Crane Operators (NCCCO) and shall display current certification prior to operating a crane in the City.

The use of cranes and certified operators shall not result in additional charges to the City beyond the unit price for the work being performed (e.g., the price for tree removal). vii. While loading and handling debris, the Contractor shall maintain control at all times so as not to result in damage to the public rights of way or private property. In 19 Item 2.
12 addition, the Contractor shall not drop logs or trunks as to create undue noise or shock impact related damages to public and/or private property. viii. The Contractor shall be responsible for the repair of any private property including any irrigation system components damaged during a tree removal or stump grinding. Repairs shall be made using components matching those that were damaged. c. Clean up and Debris Disposal
i. Contractor shall clean all job sites when work is completed and/or daily, including the raking of leaves, twigs, etc. from the lawns, street gutters, sidewalks and parkways and the sweeping or blowing of streets. Each day's scheduled work shall be completed and cleaned up and only under City approved emergency circumstances may any brush, leaves, debris or equipment be left on the street overnight. The City Representative shall be the sole judge as to the adequacy of the cleanup.
ii. Wood waste generated from tree removals shall be chipped. Diseased trees shall not be commingled with regular trees in the creation of wood chips. The diseasefree chips shall be dumped and spread in specified locations in the City at the direction of
the City Representative. It is the responsibility of the Contractor to appropriately dispose of diseased trees. Wood and branches not suitable for chipping may be dumped at the City Green Waste disposal site. All tree branches produced because of the Contractor's operations under the Contract will be reduced, reused, recycled, and/or transformed.

V. Non-City Maintained Trees
The Contractor shall NOT perform any work on non-City maintained trees without the direction from the City Representative. The Contractor shall NOT perform work for adjacent homeowners; all inquiries to this effect shall be forwarded to the City Representative.

X. Insurance Requirements
The City requires contractors to obtain and maintain insurance throughout the contract term, as described in the attached draft Contract for Routine Tree Services. The required insurance certificates must comply with all requirements described in and must be provided with the Contract. The City will award one contract for Routine Work to a responsive and responsible bidder, provided that the Bidder is determined to be qualified based on the requirements listed herein. In order to be determined responsive, a Bidder must respond to all requested information and supply all required information in this RFP. Any bid may be rejected if it is conditional, incomplete, or contain irregularities. Minor or immaterial irregularities in a bid may be waived. Waiver of an irregularity shall in no way modify this RFP nor affect recommendation for award of contract. This contract shall consist of the following coverages:

1. Worker’s Compensation and Employer’s Liability Insurance;

2. Commercial General Liability Insurance in an amount of at least $2,000,000 per occurrence;

3. Automobile Liability Insurance, including coverage for Contractor’s owned, hired and non-owned automobiles in an amount of at least $1,000,000 per occurrence 20 Item 2.
13 Your proposal will require a returned signed copy of this Specification from the authorized submitter of the bid for this service:

P31 Enterprises, Inc.

Name of Company or Business
________________________________________
Printed Name of Signatory
_____________________________ ____________________
Signature Date
21 Item 2.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND COUNCIL MEMBERS
FROM: DAWN NEVERS, ASST. COMMUNITY DEVELOPMENT DIRECTOR RE: SUBMITTAL OF A LOCAL AGENCY TECHNICAL ASSISTANCE GRANT

APPLICATION FOR A BROADBAND NETWORK DESIGN PROJECT
DATE: SEPTEMBER 20, 2022

SUMMARY
The Council will receive information regarding the submittal of an application to the CPUC for Local Agency Technical Assistance (LATA) program for which the City of Oroville is eligible to apply.

DISCUSSION
As a member of Golden State Connect Authority (GSCA), a 39-member county Joint Powers Authority focused on advancing broadband deployment in rural California, Oroville is eligible to apply for LATA program funding in the amount of $500,000 to provide professional network design services and technical assistance that will identify and advance deployment of networks in priority project areas. Eight percent (8%) of the $500,000 will be for administrative costs; 3% to GSCA and 5% to the City for a total of $40,000. This leaves $460,000 for the total work product and network design cost.

The technical assistance grant will support the development of low-level, shovel-ready network designs for priority areas in and around unserved/underserved areas of the city. The plans will be developed in consultation with Golden State Connect Authority and overseen by UTOPIA Fiber to ensure compatibility with open-access fiber deployment model to reliably meet and exceed 100/100 Mbps speed.

The proposed technical assistance grant will fund network design services for priority areas in and around unserved/underserved areas within the incorporated City of Oroville. The network design process will include development of Conceptual Network Designs and Cost Estimations; High-Level Design and Foundational Planning; leading to Low-Level Design and Engineering of constructible and shovel-ready project area(s) that will provide service to households and businesses that, upon completion, will reliably meet or exceed 100/100 Mbps speed. This project will be completed well within the 24-month timeline.

FISCAL IMPACT:

No fiscal impact for submission of application.
22 Item 3.

RECOMMENDATION:

Informational only.

ATTACHMENTS:

Application
23 Item 3.
24 Item 3.
v 08202020 9/9/2022
#
Item
Included? Item
To Be Completed By Applicant
(submit separately if indicated below)
1 Applicant Name and
Organization City of Oroville
Authorized Local Agency
or Tribal Leader Name
and Title
Provide information below:

Address Line 1 1735 Montgomery Street
Address Line 2
City Oroville
State California
ZIP Code 95965
Website Address cityoforoville.org
Phone Number 530-538-2436
California Tribe? N/A
Federal Tribal
Recognition? N/A
2 Key Project Contact (i.e.,
staff contract manager) Provide information below:

First Name Bill
Last Name LaGrone
Organization Position City Administrator
Address Line 1 1735 Montgomery Street
Address Line 2
City Oroville
State California
ZIP Code 95965
Email Address cityoforoville.org
Phone Number 530-538-2436
3 Grant Project Description Provide information below:

Project Title City of Oroville Broadband Network Design Brief Description
Strategically plan a robust fiber network, moving from conceptual network design and cost estimations to high level design and foundational planning, all the way through low-level design and engineering to create constructible network designs that are shovel-ready in and around priority unserved/underserved areas. Grant includes professional network design services Project Location City of Oroville - Within City Limits
4 Letter of Support Submit as separate attachment(s) and check box to indicate included.

Local Agency Technical Assistance Application
PART 1. GRANT APPLICATION CHECKLIST
Instructions: To assist the CPUC Communications Division in verifying the completeness of your application, mark the box to the left of each item to indicate you provided the requested information and uploaded required additional materials with your application spreadsheet. For more details about these requirements, please review CPUC Decision D.22-02-026, Appendix 1. link to D.20-22-026 Technical Assistance Decision and Guidelines (1) Application Checklist Page 1 of 2
25 Item 3.
v 08202020 9/9/2022
5 Project Proposal (if
planning to use in-house
staff) or Proposed
Contract (if planning to
outsource work)
Submit as a separate attachment(s) and check box to indicate included.

Must include: (1) the project scope of work for a consultant and/or staff to carry out the Local Agency Technical Assistance; (2) detailed cost estimate including hourly rates and estimated total hours for each person; and (3) proposed timeline for completion; (4) geographic basis for the proposed project area (such as by Census Block) sufficient to demonstrate broadband need.

If the applicant intends, as part of the project, to (a) complete multiple work products (i.e. joint powers agreement(s), feasibility studies, etc.) and (b) request partial payment for work product(s) completed before the project's completion, all potential work products must be outlined and supported in the contract or proposal, and listed separately in the Budget Summary.
6 Proposed Total Budget
($) 500,000
7 Project Summary Provide information in Tab 2 (Project Summary) of this spreadsheet and check box to indicate included.
8 Budget Summary Provide information in Tab 3 (Budget Summary) of this spreadsheet and check box to indicate included.
9 Name of Organization to
Receive Payment (Local
Agency or Tribal Entity)
City of Oroville
Address Line 1 1735 Montgomery Street
Address Line 2
City Oroville
State California
Zip Code 95965
Website Address cityoforoville.org
Phone Number 530-538-2436
10 Affirmation of
Incremental Staff Hours
I, the undersigned, affirm that any staff hours expended on reimbursable activities, and for which reimbursement will be requested, are incremental to the pre-grant award scope of work and would not be performed by the staff person absent the grant award. 11 Agreement for 24-Month
Completion
I, the undersigned, acknowledge that the project must be completed within 24-months from the date of Commission approval of the grant.
12 Notarized Affidavit
(separate form, upload
with submission)
Submit separate required form and check box to indicate included. The form can be found on the LATA website: https://www.cpuc.ca.gov/industries-and-topics/internet-andphone/broadband-implementation-for-california/local-agency-technical-assistance 13 Electronic Signature X Dawn R. Nevers
(1) Application Checklist Page 2 of 2
26 Item 3.
v 08202020 9/9/2022
Name and Location of Proposed Grant Project
City of Oroville Broadband Network Design
Type of Project and Scope
Fiber Network Design - Strategically plan a robust fiber network, moving from conceptual network design and cost estimations to high level design and foundational planning, all the way through low-level design and engineering to create constructible network designs that are shovel-ready in and around priority unserved/underserved areas. Grant includes professional network design services consultant, UTOPIA Fiber network design management consultant, and actual/not to exceed 8% Administrative costs. The budget for the network design proposesd in the scope of work from Tilson Technology will be conducted on a flat-fee (fixed rate) basis, inclusive of all time and materials. The first two projects within the proposed scope, 1) Conceptual Network Design and Cost Estimates, and 2) Refined High-Level Design and Foundational Planning, will not exceed $25,000 and $40,000 respectively. The third project within the proposed scope, 3) Low Level Design and Engineering, is proposed on a per linear foot basis ($1.93/linear foot). This is an industry standard methodology for low level network design work and the amount proposed is well within the realm of reasonableness. UTOPIA Fiber will perform network design and engineering management on behalf of the applicant and Golden State Connect Authority at the budgeted rate of 3% of the Tilson Technology budget. Administrative (indirect) budget item estimated at actual and not to exceed 8%, of which 3% would reimburse Golden State Connect Authority and 5% would reimburse County for Administrative support.

Total Budget ($)
$500,000
Project Timeline (include start and end dates, must
be completed within 24 months)
October 2022 - November 2023 - (Will make every effort to accelerate project) How will the proposed technical assistance grant
support broadband infrastructure deployment to
unserved and/or underserved households and
businesses at speeds of at least 100 Mbps upload
and download speeds?
The technical assistance grant will support the development of low-level, shovel-ready network designs for priority areas in and around unserved/underserved areas of the city. The plans will be developed in consultation with Golden State Connect Authority and overseen by UTOPIA Fiber to ensure compatibility with open-access fiber deployment model to reliably meet and exceed 100/100 Mbps speed.

Summary of consultant/staff/team experience -
Upload resume qualifications separately
Every member of the Broadband Network Design consulting project team, comes with deep experience and knowledge in the network design, engineering, open-access broadband deployment, and/or project management fields.

Short description of the project suitable for posting
on the Commission’s web page. [see example below]
The proposed technical assistance grant will fund network design services for priority areas in and around unserved/underserved areas within the incorporated City of Oroville. The network design process will include development of Conceptual Network Designs and Cost Estimations; High-Level Design and Foundational Planning; leading to Low-Level Design and Engineering of constructible and shovel-ready project area(s) that will provide service to households and businesses that, upon completion, will reliably meet or exceed 100/100 Mbps speed. This project will be completed well within the 24-month timeline.

Other Information
The network design project(s) proposed in this grant application will advance deployment of quality broadband to a city in need of reliable connectivity for increasing health and safety reasons (wildfire, landslides, resource management, and emergency road issues), as well as for economic and quality of life reasons.

PART 2: PROJECT SUMMARY
Instructions: Please provide the following information about a broadband technical assistance project that supports a local agency or Tribe. Project types may include but are not limited to: needs assessments, market studies, broadband strategic plans, business plans; environmental, feasibility, engineering design studies or reports; forming a joint powers authority; consultant and community-based organization services.

Example: Short Description of Local Agency Technical Assistance Study The proposed technical assistance grant will fund development of a Broadband Strategic Plan for City X. This plan will outline a strategy that is expected to result in broadband infrastructure projects designed to provide service to unserved or underserved households and businesses and that are designed to, upon completion, reliably meet or exceed symmetrical 100 Mbps download and upload speeds. This project will be completed within the 24-month timeline.

Local Agency Technical Assistance Application
(2) Project Summary Page 1 of 1
27 Item 3.

Applicant (Local Agency or Tribe):

Project Name:

Budget Line Item Work Product Work Product Work Product Work Product Work Product Work Product Title (e.g, RFP
Development, Needs Assessment,
Strategic Broadband Plan)
Conceptual
Network Designs
and Cost
Estimation
Refined HighLevel Design and
Foundational
Planning
Low-Level Design
and Engineering*
Timeline (weeks from project start) Weeks 1-8 Weeks 9-20 Weeks 21 -52 Work Product Costs (for consultants,
subconsultants, organizations, and/or
staff)
Cost Cost Cost Cost Cost TOTAL
Network Design - Tilson $ 25,000.00 $ 40,000.00 $ 381,259.00 $ 446,259.00 Network Design Management - UTOPIA
Fiber
$ 750.00 $ 11,791.00 1,200.00 $ $ 13,741.00
Total Work Product Costs (for
consultants, subconsultants,
organizations, and/or staff)
$ 41,200.00 25,750.00 $ 393,050.00 $ - $ - $ 460,000.00 $ Total Administrative Costs** (see Note ) $ 3,296.00 2,060.00 $ 34,644.00 $ - $ - $ 40,000.00 $ TOTAL COSTS 27,810.00 $ 44,496.00 $ 427,694.00 $ - $ - $ 500,000.00 $ *Completed at $1.93/linear foot
Note:

Local Agency Technical Assistance Application
City of Oroville
Administrative costs are defined as indirect overhead costs attributable to a project, per generally accepted accounting principles (GAAP), and the direct cost o f complying with Commission administrative and regulatory requirements related to the grant itself.

Up to 15%of administrative costs may be associated with the securing or completion of reimbursable work products, other than the cost of local agency staff hours. ( D.22-02-026, Attachment 1 at 2) PART 3. BUDGET SUMMARY
City of Oroville Broadband Network Design
Year 1
Instructions: Please provide the following budget summary information for your proposed grant project. Identify each reimburseable work product expected to result from the proposed contract (if outsourcing) or project proposal (if in-house staff). Add additional space if needed.

Year 2
**Actual or not to exceed 8% of grant - 3% GSCA and 5% City 28 Item 3.

Information Requested Instructions Response
Choose from drop down on right.
city
Describe type of Local Agency if not in dropdown.

Describe Project Location
Provide a short description of the intended
geographic location(s) (e.g. city limits, county
limits, utility service area) to assist in the review of this application.

Intended priority locations are
unserved/underserved and surrounding
areas within city limits. Network design
process proposed (moving from
Conceptual to Low Level Designs) will Submit as separate document and note the file name in this field (if submitting via email).

The 'Data Query Tool' on CPUC's California
Interactive Broadband Map can be used to export
census blocks into a CSV file by manually selecting
regions on the map.
(https://www.broadbandmap.ca.gov/)
If Census Blocks are not currently known, the Data
Query Tool can also be used to create CSV files of
other types of political boundaries (counties, Tribal
Areas, etc.) and can be provided in a separate file.

Additional information on the intended geographic
location(s) can be listed in the relevant fields
below.

City of Oroville Census Blocks (source:

CPUC website)
If Census Block(s) are not currently known, provide
the following information on intended geographic
location(s):

County/Counties City of Oroville
City/Cities N/A
Zip Codes
Other Unique Geographic Data
(describe and provide list)
A shapefile and/or map of the intended geographic
location(s) may be submitted as separate
document(s) instead of Census Blocks.

Indicate via the drop down whether a shapefile or
map is included in relevant fields below:

Shapefile included? No
Name of Shapefile (if included, "N/A" if not): N/A
Map Included? Yes
Name of Map file (if included, "N/A" if not):

City of Oroville Map (source: CPUC
website)
Shapefile and/or Map
Local Agency Technical Assistance Application
PART 4: GEOGRAPHIC INFORMATION
Instructions: Please provide a description of the geographic location(s) that the applicant intends for service to be provided as a result of the technical assitance project(s). The CPUC requests this information since local agencies with geographically overlapping jurisdictions are encouraged to collaborate. Applicant(s) should provide as much detail on the intended geographic location(s) as possible
Census Block(s)
Type of Local Agency
29 Item 3.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND CITY COUNCIL MEMBERS
FROM: DAWN NEVERS, ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR RE: DRAINAGE AND GRAVEL INSTALLATION PROJECT FOR THE BUTTE COUNTY SHERIFF’S MARINE UNIT HANGAR GATE ENTRANCE AREA

AT THE OROVILLE AIRPORT
DATE: SEPTEMBER 20, 2022

SUMMARY
The City Council may consider approving a contract with RCI General Engineering to install culvert pipe, gravel and do miscellaneous grading for the Butte County Sheriff’s Department entrance at the Oroville Municipal Airport at a cost of $34,290.

DISCUSSION
Since July 1, 2002, the Butte County Sheriff’s Office Marine Unit has been renting the hangar and office building located at the south end of Chuck Yeager Way at the Oroville Airport. This building does not have its own vehicle access because of an open drainage ditch resulting in the officers using airport gate #1 by the Fixed Base Operator (FBO) and then driving south down the airplane parking ramp between the airplanes to reach the hangar portion of the building where the boats are stored. This results in unsafe mix of vehicles and airplanes and is also degrading the asphalt airplane parking ramp that was never designed or intended to be used as a street.

Once this culvert, gravel and grading project is completed the existing access gate at the south end of Chuck Yeager Way will be replaced with a wider automatic gate that will allow the Sheriff’s Department to have their own separate access to the Airport and they will no longer need to drive around the FBO and down through the airplane tiedown ramp area to get to their building with their boats and trailers. This will make the entire area safer and will prevent further damage to the ramp asphalt.

This portion of the project is expected to be completed within 60 days of the contract being signed.

FISCAL IMPACT
No impact to the General Fund. The cost of this project will be paid from the Airport Fund 400-4201-6110 Maintenance & Building Improvements.
30 Item 4.

RECOMMENDATION
Adopt Resolution No. 9096 – A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A CONTRACT WITH RCI GENERAL ENGINEERING IN THE AMOUNT OF $34,290.00. – AGREEMENT No. 3429.

ATTACHMENTS

1. Proposed Work Photo

2. Resolution No. 9096

3. Proposal

4. Contract/Agreement No. 3429
31 Item 4.

Attachment 1: Oroville Airport Sheriff’s Department Marine Unit Hanger. Area of Work Proposed Proposed Automatic Gate N
32 Item 4.

CITY OF OROVILLE
RESOLUTION NO. 9096

A RESOLUTION OF THE CITY COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO

EXECUTE A CONTRACT WITH RCI GENERAL ENGINEERING FOR DRAINAGE

IMPROVEMENTS AT THE OROVILLE AIRPORT
BE IT IS HEREBY RESOLVED, by the City Council of the City of Oroville:

1. The Mayor is hereby authorized and directed to execute a contract with RCI General Engineering for drainage improvements at Oroville Airport.

2. The City Clerk shall attest to the adoption of this Resolution.

PASSED AND ADOPTED by the Oroville City Council at a regular meeting held on September 20, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Chuck Reynolds, Mayor
APPROVED AS TO FORM: ATTEST:

Scott Huber, City Attorney Jackie Glover, Assistant City Clerk 33 Item 4.

A-3429

PROJECT CONTRACT
THIS PROJECT CONTRACT (the “contract” or “Contract”), is made and entered into this 20th day of September 2022, by and between City of Oroville (referred to herein as the “Owner” or the “City”) and __RCI General Engineering_(the "Contractor").

WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
1) THE CONTRACT DOCUMENTS.

The complete contract is comprised of and may or may not include: Invitation for Bids; Information for Bidders; Bid Schedule; Proposal Form; Bidder’s Bond; Contract; General Conditions; Special Provisions; Technical Provisions; Payment Bond; Performance Bond; Notice of Award; Notice to Proceed; Change Orders; Supplemental Drawings Issued; Drawings; Specifications and Contract Documents; All addenda or bulletins issued during the time of bidding or forming a part of the documents loaned to the bidder for preparation of the bid; The complete plans and provisions, regulations, ordinances, codes, and laws incorporated therein or herein by reference or otherwise applicable to the Project.

All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract are hereinafter referred to collectively as the Contract Documents.
2) THE WORK.

Contractor agrees to furnish all tools, apparatus, facilities, equipment, labor and materials (except that specifically mentioned as being furnished by others) necessary to perform and complete the work in a “good and workmanlike manner” as called for, and in the manner designated in, and in strict conformity with the Plans, Detail Specifications, and other Contract Documents which are identified by the signatures of the parties to this Contract and are, collectively, entitled:

OROVILLE AIRPORT DRAINAGE AND GRAVEL

INSTALLATION PROJECT
3) CONTRACT PRICE.

The City agrees to pay and the Contractor agrees to accept, in full payment for the work above agreed to be done, the following compensation: $34,290.00. In no event shall Contractor’s compensation exceed the amount of $34,290.00 without additional written authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects in Consultant’s services, even if such defects were known to the City at the time of payment 34 Item 4.

A-3429
For the purpose of fixing the amount of bonds referred to in the Instructions to Bidders, it is estimated by both Parties that the total contract price shall be based on the Contractor’s Base Bid amount.

The City will not require a bond for this project.
4) DISPUTES PERTAINING TO PAYMENT FOR WORK.

Should any dispute arise respecting the true value of any work done or any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor during the performance of this Contract, the dispute shall be informally mediated between the parties. Following such mediation, either party may file an action exclusively in the Butte County Superior Court or in the United States District Court, Eastern District of California. Under no condition shall there be a cessation of work by the Contractor during any such dispute. This article does not exclude recovery of damages by either party for delays.
5) PAYMENT.

Not later than the 20th day of each calendar month, the Contractor shall make a partial payment request to the City on the basis of an estimate approved by the Engineer of the work performed since the last partial payment request during the preceding month by the Contractor with five percent (5%) of the amount of each such estimate retained by the City, until completion of the Project and the recordation of a Notice of Completion of all work covered by this Contract. The City shall make any partial payments provided for in this contract to the Contractor within 30 days of the City’s receipt of an undisputed and properly executed partial payment request from the Contractor. The City shall pay the Contractor interest on the amount of any portion of a partial payment, excluding retention amounts, not made to the Contractor within 30 days of the City’s receipt of an undisputed and properly executed partial payment request from the Contractor at the legal rate set forth in California Code of Civil Procedure Section 685.010. Upon receipt of a partial payment request from the Contractor, the City shall review the partial payment request for the purpose of determining whether or not the partial payment request is a proper partial payment request. Any partial payment request determined by the City not to be a proper partial payment request suitable for payment shall be returned to the Contractor by the City within 14 days of the City’s receipt of such partial payment request. A partial payment request returned to the Contractor by the City under the provisions of this section shall be accompanied by a written document setting forth the reason(s) why the partial payment request is not proper. The number of days for the City to make a certain partial payment provided for in this Contract, without incurring interest pursuant to this section, shall be reduced by the number of days by which the City exceeds the 14 day return period for such partial payment request, if determined to be improper, as set forth in this section. For the purposes of this section, a “partial payment” means all payments due to the Contractor under this contract, exclusive of that portion of the final payment designated as retention earnings. Also, for the purposes of this section, a partial payment request shall be considered properly executed by the City, if funds are available to pay the partial payment request and payment is not delayed due to an audit inquiry by the City’s financial officer. The City will release Contractor's retention earnings within 45 days after recordation of Notice of 35 Item 4.

A-3429
Completion, as defined in California Civil Code Section 3093. Recordation of a Notice of Completion for the Project by the City shall constitute the City’s acceptance of the Project work.
6) TIME FOR COMPLETION.

All work under this contract shall be completed within a period of 60 working days from the date of the Contractor's receipt of a Notice to Proceed from the City. 7) EXTENSION OF TIME.

If the Contractor is delayed by acts of negligence of the City, or its employees or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts, fire, unavoidable casualties, documentable delays in delivery of materials, review by outside agencies, or any causes beyond the Contractor's control, or by delay authorized by the City, or by any justifiable cause which the Engineer shall authorize, then the Contractor shall make out a written claim addressed to the City setting forth the reason for the delay and the extension of the time requested and forward a copy of the claim to the Engineer for approval.

The Engineer will evaluate the claim and if the claim is justifiable, will request the City's approval. No such extension will be allowed unless written claim therefore has been made within 3 days after the delay became apparent.

If the Contractor fails or refuses to complete the work within the time specified, including authorized extensions, there shall be deducted from monies due the Contractor, not as a penalty, but as liquidated damages the sum of Two Thousand Seven Hundred Dollars ($2700.00) for each calendar day subsequent to the time specified for each project and the time the work is actually completed and accepted. Delays caused by adverse weather conditions or conditions for which the Owner is clearly responsible will be added to the contract time.
8) LABOR PROVISIONS.

The project is subject to both federal and state prevailing wages. The Contractor shall pay laborers the higher of either the federal or state prevailing wage rate determination for the trades to be utilized. The contractor and all subcontractors on the project shall complete electronic reporting of prevailing wage rate reports through the Department of Industrial Relations, with copies of such reports to be provided to the City. 9) CONTRACT WORK HOURS AND SAFETY STANDARDS REQUIREMENTS.

As used in the following provision, the term “laborers” and “mechanics” include watchmen and guards.
a. Overtime Requirements. Neither the Contractor nor any subcontractor contracting for any part of the Project which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such 36 Item 4.

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workweek, whichever is greater.
b. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph a. above, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, the Contractor and subcontractor shall be liable to the City for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph a. above, in the sum of $2,700 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph a. above.
c. Withholding for Unpaid Wages and Liquidated Damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph b. above.
d. Working conditions. Neither the Contractor nor any subcontractor may require any laborer or mechanic employed in the performance of any contract to work in surroundings or under working conditions that are unsanitary, hazardous or dangerous to his health or safety as determined under construction safety and health standards (29 CFR Part 1926) issued by the Department of Labor. e. Subcontracts. The Contractor and any subcontractor shall insert in any subcontracts the clauses set forth in paragraphs a. through d. and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs a. through d. 10) NONDISCRIMINATION.

The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section

21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.
11) DISADVANTAGED BUSINESS ENTERPRISE PROGRAM PROVISIONS.

The Contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOTassisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as recipient deems appropriate.

The Contractor agrees to pay each subcontractor under this contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the Contractor receives from City. The Contractor agrees further to return retainage payments to 37 Item 4.

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each subcontractor within 30 days after the subcontractor's work is satisfactorily completed.

Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City. This clause applies to both DBE and non-DBE subcontractors.
12) CIVIL RIGHTS.

The Contractor assures that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This Provision binds the Contractor from the bid solicitation period through the completion of the contract. This provision shall be inserted in all subcontracts, subleases and other agreements at all tiers. 13) SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENTS OF MATERIALS AND EQUIPMENT.

In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color or national origin.
14) INFORMATION AND REPORTS.

The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the City and shall set forth what efforts it has made to obtain the information.
15) SANCTIONS FOR NONCOMPLIANCE.

In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the City shall impose such contract sanctions as it may determine to be appropriate, including but not limited to:
a. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or
b. Cancellation, termination or suspension of the contract, in whole or in part. 16) INSPECTION OF RECORDS.

The Contractor shall maintain an acceptable cost accounting system. The City, the Federal 38 Item 4.

A-3429
Aviation Administration, the Comptroller General of the United States or any of their duly authorized representatives shall have access to any books, documents, paper, and records of the Contractor which are directly pertinent to this Contract or the Project for the purposes of making an audit, examination, excerpts, and transcriptions. The Contractor shall maintain all required records for 3 years after the City makes final payment and all other pending matters are closed.
17) RIGHTS IN INVENTIONS.

All rights to inventions and materials, if any, generated under this contract are subject to regulations issued by the City. Information regarding these rights is available from the City. 18) BREACH OF CONTRACT TERMS.

Any violation or breach of terms of this Contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this Contract or such other action that may be necessary to enforce the rights of the City under this Contract. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
19) TERMINATION OF CONTRACT BY CITY
a. The City may, by written notice, terminate this Contract in whole or in part at any time, either for the City’s convenience or because of the Contractor’s failure to fulfill its contract obligations. Upon receipt of such notice, services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this Contract, whether completed or in process, delivered to the City. b. If the termination is for the convenience of the City, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services.
c. If the termination is due to failure to fulfill the Contractor’s obligations, the City may take over the work and prosecute the same to completion by contract or otherwise. In such case, the Contractor shall be liable to the City for any additional cost occasioned to the City thereby. d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the Contractor had not so failed, the termination shall be deemed to have been affected for the convenience of the City. In such event, adjustment in the contract price shall be made as provided in the second paragraph of this clause.
e. The rights and remedies of the City provided in this clause are in addition to any other rights and remedies provided by law or under this contract. 20) INCORPORATION OF PROVISIONS.
39 Item 4.

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The Contractor shall include the provisions of this contract in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations of directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the City may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the City to enter into such litigation to protect the interests of the City and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 21) CONTRACTOR CLAIMS OF $375,000 OR LESS.

Claims by the Contractor relating to the Project for (a) a time extension, (b) money or damages arising from work done by, or on behalf of, the Contractor on the Project for which payment is not expressly provided for or to which the Contractor is not otherwise entitled, or (c) an amount that is disputed by the City, with a value of $375,000 or less, are subject to the claims procedures set forth in California Public Contract Code Sections 20104, et seq., except as otherwise provided in this Contract and the incorporated documents, conditions and specifications.
22) LOBBYING AND INFLUENCING FEDERAL EMPLOYEES.
a. No Federal appropriated funds shall be paid, by or on behalf of the Contractor or its subcontractors, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant or the amendment or modification of any Federal grant.
b. a. If any funds other than Federal appropriated funds have been paid or will be paid by the Contractor or its subcontractors to any person for influencing or attempting to influence an officer or employee of the City, any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, “Disclosure of Lobby Activities,” in accordance with its instructions. 23) ASSIGNMENT OF CERTAIN RIGHTS TO THE CITY.

In entering into this Contract or a subcontract to supply goods, services, or materials pursuant to this Contract, the Contractor and/or subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to this Contract or the subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgement by the parties. 24) ENERGY CONSERVATION REQUIREMENTS
40 Item 4.

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The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163).

IN WITNESS WHEREOF, the parties have caused this Construction Contract to be executed on the day and year first herein written.

AGENCY: City of Oroville, A Municipal Corporation (First Party) By: _________________________________________________________________________ Mayor, Chuck Reynolds
CONTRACTOR: RCI General Engineering (Second Party)
By: ________________________________________________________________________ (Authorized Representative) (Sign, Print Name and Official Title) APPROVED AS TO FORM:

By: _________________________________________________________________________ City Attorney, Scott Huber
ATTEST:

By: __________________________________________________________________________ Assistant City Clerk, Jackie Glover
41 Item 4.

Proposal for:

City Of Oroville Airport Improvements - Rev. #2 - 8/24/22 from
Bid Date:

Time: 5:00PM
6/11/2021 RCI General Engineering
License: 1024998 Type: General Engineering
P.O. Box 2531, Oroville, CA 95965
Quote Number: SM21013B (530) 693-0114 Fax: (530) 534-9788

REVISION 2
RCI is pleased to provide this proposal for the project indicated above.

Lock Rev. Item Description Quantity Unit Unit Price Total Price 01 24" CMP Culvert 80 LF 203.00 16,240.00
02 Strip Vegetation / Subgrade Prep / Misc. 4,650.00
Grading
5,000 SF 0.93
03 6" Thick Aggregate Base Rock With 13,400.00
Fabric
5,000 SF 2.68
Total: 34,290.00
Attachment Enclosed
8/26/2022 9:31 am
Estimator: Spencer Mendez
Generated by a SharpeSoft Product42
Item 4.

Job Conditions - Attachment 'A'
City Of Oroville Airport Improvements - Rev. #2 - 8/24/22

TERMS:

1. Proposal good for 30 Days.

2. Proposal based on installing 16 Guage 24" CMP culvert pipe and joing to existing RCP pipe with MarMac coupler. 2 week lead time for pipe materials after executed contract.

3. Proposal is based on installing 6" thick Recycled aggregate base rock.

4. Stripping materials to be stockpiled and left onsite.

EXCLUSIONS:

1. All items not specifically quoted.

2. Performance & Payment Bonds. Add 1.10% if bonds are required.

3. All permits.

4. All testing of any kind (compaction, permeability, air quality, water quality, contaminants).

5. Builders Risk Insurance.

6. Traffic Control.

7. Surveying.

8. SWPPP

9. Potholing / relocating underground utilities.

10. Temporary facilities for others (i.e office trailer).

11. Asbestos / Hazardous materials removal.

12. Driveway, County or State roadway restoration.

13. Water for construction use to be provided onsite.

14. Temporary Fencing.

15. Street Sweeping.

16. Tree / stump removal.

17. Demolition.

18. Fence / Gate Work.
8/26/2022 9:31AM
Estimator: Spencer Mendez
For Job: City Of Oroville Airport Improvements - Rev. #2 - 8/24/22 Generated by a SharpeSoft Product 43 Item 4.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND OROVILLE CITY COUNCIL MEMBERS
FROM: DAWN NEVERS, ASST. COMMUNITY DEVELOPMENT DIRECTOR RE: AUTHORIZATION TO PURCHASE NEW COMMUNITY DEVELOPMENT

VEHICLES
DATE: SEPTEMBER 20, 2022

SUMMARY
The Council will receive information regarding the purchase of (2) 2023 Ford f-150 pickup trucks and (1) 2022 Ford Explorer from Oroville Ford as budgeted in the 2022/23 Fiscal Year budget.

DISCUSSION
The Community Development Department vehicles consist of a 1997 Ford F-150 pickup used by the Building Division and a 2009 Chevy Malibu used by the Planning Division. Both vehicles currently in operation are approaching or exceeding 100,000 miles and require regular maintenance and repair to keep them on the road. Community Development will use (1) new F150 for the Building Division, (1) F-150 for the Engineering Division and the Ford Explorer for the Planning, Building and Engineering divisions for various site visit and touring agency partners and developers.

The price quoted for the (2) Ford F-150 pickup trucks is $43,000.00 plus fees each for a total of $86,000.00 plus fees. There is currently funding allocated for this purchase.

The price quoted for the 2022 Ford Explorer is $36,540.00 plus fees each for an approximate total of $40,000. There is currently funding allocated for this purchase.

These vehicles will be purchased from the local Ford dealership, Oroville Ford. Oroville Ford has offered this vehicle to the City at State Contract bid pricing. This purchase will keep the City’s dollars local.

FISCAL IMPACT
Funding for this project is currently available. Funding was included in the 2022/2023 budget.

RECOMMENDATION
Authorize the Community Development Department to purchase (2) 2023 Ford F-150 pickup trucks and (1) 2022 Ford Explorer from Oroville Ford utilizing State Contract pricing as outlined in the staff report.
44 Item 5.

ATTACHMENTS

1. Oroville Ford Sales bid, and specification sheet for vehicles 45 Item 5.
46 Item 5.
47 Item 5.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND COUNCIL MEMBERS
FROM: DAWN NEVERS, ASSIST. COMMUNITY DEVELOPMENT DIRECTOR

AMY BERGSTRAND, BUSINESS ASSISTANCE/HOUSING

DEVELOPMENT DIRECTOR
RE: TASK ORDERS FOR PROFESSIONAL SERVICES AGREEMENT WITH

TROVER CONSTRUCTION PROJECT MANAGEMENT, LLC
DATE: SEPTEMBER 20, 2022

SUMMARY
The City Council may consider approving task orders for Professional Services Agreement with Trover Construction Project Management LLC to perform construction management of City facility repair and remodel projects.

DISCUSSION
On December 21, 2021, the City Council approved a 2-year professional services agreement with Trover Construction Project Management LLC to perform owner-occupied rehabilitation contractor services for the City of Oroville Housing Rehabilitation Program as well as construction management of City facility repair and remodel projects.

Contracting with Trover Construction Project Management LLC has provided added oversite and ensured successful completion of the City’s facility repair and remodel projects and Owner-Occupied Rehabilitation Program.

Staff has budgeted for Trover Constructions’ services in the 2022/23 fiscal year and below is the breakdown for each budgeted project.

City Hall Roof Replacement and Façade $29,350
CCC Building Roof Replacement $7,000
Sank Park fence $29,700
Kayak Kiosk $35,000
Convention Center (2 parts)
Interior and façade $62,800
Front Accessible Path Improvements $50,000
Total $213,850
48 Item 6.

FISCAL IMPACT
Funding is available in the Community Development Block Grant (CDBG) 20-CDBG-12067 Account No. 7033-12067AD and CDBG Program Income Account No. 7071-4538453 for the Housing Rehab Program.

RECOMMENDATION
Approve Task Orders as presented.

ATTACHMENTS
Task Orders
49 Item 6.
974 Forest Ave Chico CA, 95928
[email protected] (530) 519-7132

CITY OF OROVILLE
CITY HALL ROOF AND FAÇADE REPAIR

CONSTRUCTION MANAGEMENT AGREEMENT TABLE OF CONTENTS
ARTICLE 1 - GENERAL PROVISIONS

1.1 GENERAL REQUIREMENTS

1.2 CONSTRUCTION MANAGER STANDARD OF CARE

1.3 DEFINITIONS
ARTICLE 2 - CM'S SERVICES AND RESPONSIBILITIES - BASIC SERVICES

2.1 PRECONSTRUCTION

2.2 CONSTRUCTION PHASE
ARTICLE 3 - CM'S SERVICES AND RESPONSIBILITIES - ADDITIONAL SERVICES

3.1 PRE-CONSTRUCTION PHASES

3.2 CONSTRUCTION PHASE

3.3 POST-CONSTRUCTION

3.4 GENERAL
ARTICLE 4 – CITY OF OROVILLE RIGHTS AND RESPONSIBILITIES

4.1 ADMINISTRATION

4.2 PROVISION OF INFORMATION, SURVEYS, AND REPORTS
ARTICLE 5 - COMPENSATION

5.1 COMPENSATION FOR BASIC SERVICES

5.2 COMPENSATION FOR ADDITIONAL SERVICES

5.3 REIMBURSABLE EXPENSES
ARTICLE 6 - PAYMENTS

6.1 PAYMENTS FOR BASIC SERVICES

6.2 PAYMENTS FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES

6.3 PROJECT SUSPENSION

6.4 INSURANCE
ARTICLE 7 - CM'S RECORDS AND FILES
ARTICLE 8 - OWNERSHIP AND USE OF DOCUMENTS, MATERIALS AND SYSTEMS

8.1 OWNERSHIP

8.2 INDEMNIFICATION
ARTICLE 9 - DISPUTES

9.1 NEGOTIATION

9.2 MEDIATION

9.3 ARBITRATION OR LITIGATION
ARTICLE 10 - EXTENT OF AGREEMENT

10.1 AUTHORITY OF AGREEMENT

10.2 EXHIBITS

10.3 THIRD-PARTY BENEFICIARIES
ARTICLE 11 - NOTICES

11.1 CITY OF OROVILLE AND CM
ARTICLE 12 – SUCCESSORS AND ASSIGNS

12.1 CM’S DEATH OR INCAPACITATION
ARTICLE 13 - TERMINATION OF AGREEMENT

13.1 CITY OF OROVILLE-INITIATED TERMINATION

13.2 CM-INITIATED TERMINATION

13.3 DOCUMENTS AND MATERIALS
50 Item 6.
974 Forest Ave Chico CA, 95928
[email protected] (530) 519-7132

CONSTRUCTION MANAGEMENT AGREEMENT
between

CITY OF OROVILLE
and

TROVER CONSTRUCTION PROJECT MANAGEMENT LLC (CM)
This AGREEMENT is made on the day of in the year
between CITY OF OROVILLE, hereinafter
called “Owner”, and Trover Construction Project Management LLC, hereinafter called “CM” or “TCPM”, for the following Project:

City Hall Roof and Façade Project
PROJECT DESCRIPTION:

Project encompasses re-roofing and repairing the facade of the City Hall building.

Project is located at 1735 Montgomery St Oroville CA, 95965.

ARTICLE 1 - GENERAL PROVISIONS

1.1 GENERAL REQUIREMENTS

1.1.1 This Agreement shall be governed by the laws of the State of California.

1.1.2 In the event of a conflict between the provisions of any exhibit to this Agreement and the Agreement, the provisions of this Agreement shall govern.

1.1.3 Owner’s exercise of any of its rights or remedies prescribed in this Agreement shall not relieve CM from responsibility for damages or other losses incurred or to be incurred by Owner as a result of CM's breach of its obligations under this Agreement.

1.1.4 Time is of the essence for this Agreement.

1.1.5 CM shall cooperate with Owner, its designees, and Contractor in furthering the interests of Owner.

1.1.6 CM will comply with all background check requirements of the Owner, and will comply with all COVID-related requirements including vaccination and face covering requirements.

1.2 CONSTRUCTION MANAGER STANDARD OF CARE

1.2.1 CM, its officers, agents, employees, subcontractors, consultants and any persons or entities for whom CM is responsible, shall provide all services pursuant to this 51 Item 6.
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Agreement in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope, and complexity of the Project (including its contracting mode), and shall possess all required licenses and permits to perform the Work.

1.3 DEFINITIONS

1.3.1 As-builts (As-built Drawings and Specifications). The term "As-builts" shall mean the record copy of the Contract Documents prepared by the Construction Contractor to record as-built conditions, current changes, and selections made during construction.

1.3.2 Construction Budget. The term "Construction Budget" shall mean the CITY OF OROVILLE's written statement of funds available to pay for the cost of construction.

1.3.3 Construction Documents. The term "Construction Documents" shall mean the drawings and specifications, prepared by the Design Professional, setting forth in detail the requirements for the construction of the Project.

1.3.4 Contract Documents. The term "Contract Documents" shall mean the Advertisement for Bids, Instruction to Bidders, Supplementary Instructions to Bidders, Bid Form, Agreement, General Conditions, Supplementary Conditions, Affirmative Action Program, Exhibits to the Construction Documents, Specifications, List of Drawings, Drawings, Addenda, Notice to Proceed, Change Orders, Notice of Completion and all other items identified in the Construction Contract Agreement.

1.3.5 Contractor. The term “Contractor” shall mean the entity or, in the case of a design build contract, a contractor and design professional team with whom Owner has contracted to construct the Work associated with this Project.

1.3.6 Coordination. The term "Coordination" shall mean that the documents shall be consistent and in conformance each part with all other parts.

1.3.7 Project. The term "Project" shall mean the project described on page 1 of this Agreement.

1.3.8 CM. The term "CM" shall mean the specific Owner-approved CM individual named in this Agreement who is assigned to the Project, and is CM's designated principal or staff member, as the designated person in charge of providing all services required by this Agreement.

1.3.9 Project Program. The term "Project Program" is a written statement of Owner's design objectives, constraints, and criteria, including space requirements and relationships, flexibility and expendability, special equipment and systems, and Project site requirements.

1.3.10 Project Schedule. The term "Project Schedule" shall mean the schedule prepared by CM for Owner showing Project milestones, funding, design, design review, construction, and other deadlines applicable to the Project.

1.3.11 Record Documents. The term "Record Documents" shall mean the Design Professional's record drawings and final specifications made from the As-built documents received from the Contractor.
52 Item 6.
974 Forest Ave Chico CA, 95928
[email protected] (530) 519-7132

1.3.12 Bidding Documents. The term "Bidding Documents" shall mean those documents prepared and furnished by Owner for the purpose of obtaining bids from contractors to construct the Project, including without limitation, the General Conditions and General Requirements which are hereby incorporated by reference.

1.3.13 Work. The term “Work” shall mean all construction, services, and other requirements of the Contract Documents, or as modified by Change Order, whether completed or partially completed, and includes all labor, materials, equipment, tools, and services provided or to be provided by Contractor to fulfill Contractor's obligations, The Work may constitute the whole or a part of the Project.

ARTICLE 2 - CM'S SERVICES AND RESPONSIBILITIES - BASIC SERVICES Basic Services to be provided by CM consist of the services described in this Article 2.

2.1 CONSTRUCTION PHASE

2.1.1 CM shall assist Owner and Contractor as requested in the preparation of the pre- construction meetings

2.1.2 CM shall assist Owner and Contractor in monitoring written communications between Contractor, Owner's Administrator and Contractor(s).

2.1.3 CM shall assist Owner, in the resolution of disputes between Owner and the Contractor.

2.1.4 CM shall maintain a regular presence on site as necessary to facilitate coordination, resolve construction related issues, and provide regular written updates to Owner.

2.1.5 CM shall monitor construction activities and provide regular reporting of progress, issues, and changes to schedule, scope, and budget.

2.1.6 CM shall assist and process monthly contractor and subconsultant pay applications for Owner.

2.1.7 CM Shall assist Owner in responding to RFI’s

2.1.8 CM shall maintain, monitor, and update the Cost Control System. The monthly Cost Report shall compare the original Project Budget with the current Project cost, identify expenditures to date, state the budget required for completion of each major category of Work, identify actual and anticipated Change Orders, and predict the current estimated total Project cost.

2.1.9 CM shall assist Owner in evaluating Contractor Change Order Requests.

2.1.10 CM shall assist in negotiations with Contractor as requested by Owner. 53 Item 6.
974 Forest Ave Chico CA, 95928
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2.1.11 CM shall assist Owner, in obtaining back-up documentation, shop drawings, and materials submittals from Contractor.

2.1.12 CM shall assist Owner and Contractor on obtaining necessary permits with pertinent regulating bodies.

2.1.13 CM, its officers, agents, employees, subcontractors, and any persons or entities for whom CM is responsible, must provide all Services pursuant to this Agreement in accordance with the requirements of this Agreement and in a manner consistent with the standard of care under California law applicable to those who specialize in providing the same services for projects of the type, scope, and complexity of the Project. Owner’ review, approval of, or payment for any of the Services required under this Agreement must not be construed as assent that CM has complied, nor in any way relieve the CM of compliance, with (i) the applicable standard of care or (ii) applicable statutes, regulations, rules, or this Agreement.

ARTICLE 3 - CM'S SERVICES AND RESPONSIBILITIES - ADDITIONAL SERVICES Unless required to be performed as part of Basic Services, the services described in this Article 3 are Additional Services. These Additional Services shall be paid for by Owner, as provided in this Agreement, in addition to the compensation for Basic Services. CM shall provide Additional Services only when and as authorized in a written Amendment signed by Owner. No Additional Services shall be compensable unless so authorized. additional services shall be compensated hourly as referenced by Appendix A or via lump sum as negotiated between Owner and CM.

3.1 CONSTRUCTION PHASE as needed by client

3.3. POST-CONSTRUCTION as needed by client

3.4 GENERAL as needed by client
ARTICLE 4 - OWNERS RIGHTS AND RESPONSIBILITIES

4.1 ADMINISTRATION

4.1.1 Owner will designate, in writing, an Owner Representative who will act on behalf of Owner with respect to this Agreement. CM shall accept directives only from the designated Owner Representative and not from other Owner employees. Owner may replace the designated Owner Representative at its sole option; if this replacement is made, Owner will notify CM in writing.

4.2 PROVISION OF INFORMATION, SURVEYS, AND REPORTS

4.2.1 Owner will have the right to make changes to the Project Program. When such changes increase the duties of CM beyond those reasonably and customarily provided in Basic Services, CM shall be compensated in accordance with this Agreement.

4.2.2 Owner will have the right to make reasonable changes to its Bidding Documents and CM shall be bound by such changes. When such changes increase the duties of CM, 54 Item 6.
974 Forest Ave Chico CA, 95928
[email protected] (530) 519-7132

beyond those reasonably and customarily provided in Basic Services, CM shall be compensated in accordance with this Agreement.

4.2.3 Owner shall furnish information to CM for purposes of updating the Project Schedule as dates and durations applicable to the Project such as funding deadlines, review periods, anticipated periods of Project suspension, and construction deadlines become known.

4.2.4 The services, information, surveys, and reports required by this Article 4 will be furnished at Owner's expense.

4.2.5 Owner will furnish copies of Drawings, Specifications, and other Project-related documents deemed necessary by Owner and CM for the performance of CM's services under this Agreement.

ARTICLE 5 - COMPENSATION
Owner will compensate CM for the scope of services provided, in accordance with this Article 5 and with the other terms and conditions of this Agreement as follows:

5.1 COMPENSATION FOR BASIC SERVICES

5.1.1 The fee for Basic Services shall be computed as follows:

For services rendered in accordance with this Agreement, the basis for compensation shall be a fee not to exceed the amount of twenty-nine thousand, three hundred fifty dollars ($29,350.00), payable monthly, at an hourly rate as documented in the fee schedule (see Exhibit A), after the review and approval by Owner. Any change orders to the prime contract between Contractor and Owner that increases the contract amount shall increase the not to exceed amount equal to 6% of the change order amount.

5.1.2 Owner reserves the right to withhold monies for services not received as part of Basic Services and Supplemental Services unless an Amendment is issued by Owner for extension of services.

5.1.3 Owner understands that the scope of work required of the CM is difficult to define for this project and CM has developed the not to exceed price based on their professional experience and current understanding of the project scope. Should the not to exceed amount be reached prior to project completion, Owner shall authorize additional expenditures in writing should owner elect to continue to retain CM.

5.2 COMPENSATION FOR ADDITIONAL SERVICES

5.2.1 For the Additional Services of CM, as described in Article 3, compensation shall be in accordance with the attached Rate Schedule (Exhibit A).

5.2.2 Owner reserves the right to change time and scope of the Work (Change Orders). If Owner changes either time or scope, the CM's fees shall be adjusted in 55 Item 6.
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accordance with the attached Rate Schedule (Exhibit A).

5.2.3 If the duration of this Agreement exceeds or is extended by 60 calendar days through the fault of Owner, Design Professional, or Contractor and through no fault of CM, compensation for any Basic Services provided during this extended period of the construction phase of the construction contract shall be adjusted to compensate CM for any additional costs reasonably incurred by CM as the result of such delay, provided Owner has approved such adjustments in advance. These extended Basic Services shall be approved, in writing, by Owner and shall not include Basic Services that would have been performed under this Agreement had the initial duration of the Agreement not been substantially exceeded or extended.

5.3 REIMBURSABLE EXPENSES

5.3.1 For Reimbursable Expenses, only actual, reasonable costs will be reimbursed.

Paid invoices or other proof of payment shall be submitted when requesting reimbursement.

5.3.2 Reimbursable Expenses are paid in addition to the compensation for Basic and Additional Services and are actual expenditures made by CM and CM’s consultants in relation to the services provided in this Agreement.

ARTICLE 6 - PAYMENTS

6.1 PAYMENTS FOR BASIC SERVICES

6.1.1 Payments for Basic Services, as defined in Article 2, shall be made as stipulated in subparagraph 5.1.1.

6.2 PAYMENTS FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES

6.2.1 Payments for CM's Additional Services, as defined in Article 3, and for Reimbursable Expenses, as defined in paragraph 5.3, shall be made monthly after presentation of CM's statement of services rendered, or expenses incurred, with invoices, receipts and other justification thereof.

6.3 PROJECT SUSPENSION

6.3.1 If the Project is suspended or abandoned for more than 3 consecutive months, and such suspension was not scheduled at the beginning of the Project, as provided under subparagraph 4.2.4, CM shall be compensated for all authorized services performed prior to the receipt of written notice from Owner of such suspension or abandonment, together with Reimbursable Expenses then due. If the Project is resumed after being suspended for more than 3 consecutive months, CM's compensation shall be adjusted to compensate CM for any additional costs reasonably incurred as the result of the suspension.

6.4 INSURANCE
CM shall maintain the required insurance for its operations, including general liability insurance in an amount of at least $1,000,000 and professional liability insurance in an 56 Item 6.
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amount of at least $1,000,000, as well as workers’ compensation insurance as required by law, with an insurance company or companies that are rated “A-VII” or higher by A. M.

Best’s key rating guide, and are authorized to do business in the State of California. CM shall provide Owner with certificates of insurance and signed insurance policy endorsements, on forms acceptable to Owner, as evidence that the required insurance is in full force and effect. Each certificate of insurance and signed insurance policy endorsement must specifically provide verification that Owner and its directors, agents, officers, and employees have been added as additional insureds on the insurance policy being referenced. CM and any insurance company providing the insurance required by this section must waive any right of recovery or subrogation it may have against Owner.

ARTICLE 7 - CM'S RECORDS AND FILES
CM shall make files available for inspection and copying by Owner upon reasonable notice.

Owner or Owner's authorized representative shall have access to the CM's premises and records for inspection and auditing during normal business hours, shall be allowed to interview CM employees pursuant to the provisions of this Article, and be provided adequate and appropriate workspace in order to conduct audits in compliance with this Article. The provisions of this Article shall also apply to parent, affiliate, and subsidiary companies as necessary to verify costs associated with this Agreement.

ARTICLE 8 - OWNERSHIP AND USE OF DOCUMENTS, MATERIALS AND

SYSTEMS

8.1 OWNERSHIP
All systems, materials and documents developed for and with Owner resources shall become the property of Owner, whether or not the Project for which they are developed is executed.

Upon completion or termination of CM’s Basic Services and Additional Services under this Agreement, CM shall promptly provide to Owner all files related in any way to the Project, including but not limited to all documents, correspondence (including internal and external correspondence), systems and materials, both electronic and hard copy format, excluding CM’s internal accounting books and records addressed in Article 7. CM shall be permitted to retain copies for information and reference at CM’s expense.

8.2 INDEMNIFICATION
Owner will not defend, indemnify or save harmless CM, its officers, agents, or employees from any costs or claims asserted or imposed by any person or entity claiming that Owner's or CM’s use of systems, materials or documents is contrary to or in violation of any copyright, patent, trade secret, trade name, trademark, or any proprietary, contractual or legal right pertaining to their use.

ARTICLE 9 - DISPUTES

9.1 NEGOTIATION

9.1.1 The parties will attempt in good faith to resolve any controversy or Claim arising 57 Item 6.
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out of or relating to this Agreement by negotiation.

9.2 MEDIATION

9.2.1 Within 60 days, but not earlier than 30 days following the earlier of (1) receipt of notice by the other party from the American Arbitration Association (AAA) of the disputing party's demand for arbitration or (2) receipt by the other party of the disputing party's notice of election to litigate, the parties may submit the matter to non-binding mediation administered by the AAA under its construction industry mediation rules.

9.3 ARBITRATION OR LITIGATION

9.3.1 Disputes arising from this Agreement between CM and Owner which cannot be settled through negotiation or mediation shall be subject to arbitration or litigation as follows:
.1 ARBITRATION WITH CONTRACTOR
If any claim arises under the Construction Contract Documents for the Project and is submitted to arbitration, and either Contractor or Owner claims that the acts or omissions of CM are involved, in whole or in part, any claim by Owner against CM arising out of or in connection therewith may be asserted, at the option of Owner, against CM in the same arbitration proceeding which shall be conducted under the procedures specified in the General Conditions of the construction contract. .2 LITIGATION WITH CONTRACTOR
If any claim arises under the Construction Contract Documents for the Project and is submitted to litigation, and either Contractor or Owner claims that the acts or omissions of CM are involved, in whole or in part, any claim by Owner against CM arising out of or in connection therewith may be asserted, at the option of Owner, against CM in the same litigation.

ARTICLE 10 - EXTENT OF AGREEMENT

10.1 AUTHORITY OF AGREEMENT

10.1.1 This Agreement represents the entire and integrated agreement between Owner and CM and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both Owner and CM.

10.2 EXHIBITS

10.2.1 This Agreement includes the following exhibits attached hereto:

Exhibit A: Rate Schedule

10.3 THIRD-PARTY BENEFICIARIES
58 Item 6.
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Nothing contained in this Agreement is intended to make the Contractor or any Subcontractor (regardless of tier), any employee or agent of the Contractor or any Subcontractor, or any person, including Design Professional or any consultant of Design Professional (regardless of tier), a third-party beneficiary of any obligations between Owner and CM.

10.3.1 It is agreed that the relationship of CM to Owner is that of an independent contractor, that CM shall provide all Services under this Agreement as an independent contractor, and that CM shall not have the authority to bind or make any commitment on behalf of Owner. Nothing herein shall be construed to create a joint venture, partnership, employer-employee, association, or principal-agent relationship between CM and Owner.

As there is no agency relationship with Owner, CM and its employees are not employees of Owner and therefore not eligible for unemployment insurance, disability insurance, workers’ compensation, employee benefits, and/or other stipulations of Owner’ personnel policy.

10.3.2 This Agreement has been executed and delivered in the State of California and the venue will be the Plumas County and the validity, enforceability and interpretation of any of the clauses of this Agreement will be determined and governed by the laws of the State of California.

ARTICLE 11 - NOTICES

11.1 OWNER AND CM
All notices or other documents required or permitted to be given hereunder shall be personally delivered, sent by private overnight courier, or sent by certified mail, postage prepaid, return receipt requested, addressed to the parties at the address for that party on the signature page of this Agreement.

Notices sent by certified mail shall be deemed received the third business day after posting in the US Mail, and notices sent by private overnight courier shall be deemed received the first business day after delivering the same to the private overnight courier during regular business hours.

ARTICLE 12 - SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon Owner and CM and their respective successors and assigns. Neither the performance of this Agreement nor any part thereof, nor any monies due or to become due hereunder, may be assigned by CM without the prior written consent and approval of Owner.

12.1 CM'S DEATH OR INCAPACITATION

12.1.1 If CM transacts business as an individual, upon CM's death or incapacitation, Owner may, at its option, terminate this Agreement as of the date of such event. If so terminated, neither CM nor CM's estate shall have any further right to perform hereunder, and Owner shall pay CM or the estate the compensation payable under Article 5 for any services rendered prior to this termination not theretofore paid. This compensation shall be 59 Item 6.
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reduced by the amount of additional costs that will be incurred by Owner by reason of this termination.

12.1.2 If CM transacts business as a corporation, partnership, sole proprietorship or other entity with more than one officer, employee, or representative accepted by the Owner as the CM, and any one of them dies or becomes incapacitated, and the others continue to render the services covered herein, Owner may choose to continue services with CM and make payments to CM as though there had been no such death or incapacitation; Owner will not be obliged to take any account of the person who died or became incapacitated, or to make any payment to this person or this person's estate. These provisions shall apply in the event of progressive or simultaneous occasions of death or incapacitation among any group of persons retained or employed by CM herein. If death or incapacitation befalls the last member of this group before the services under this Agreement are fully performed, then the rights set forth under subparagraph 15.1.1 shall apply.

ARTICLE 13 - TERMINATION OF AGREEMENT

13.1 OWNER-INITIATED TERMINATION

13.1.1 If Owner determines that CM has failed to perform in accordance with the terms and conditions of this Agreement, Owner may terminate all or part of the Agreement for cause. This termination shall be effective if CM does not cure its failure to perform within 10 days (or more, if authorized in writing by Owner) after receipt of a notice of intention to terminate from Owner specifying the failure in performance. If a termination for cause does occur, Owner will have the right to withhold monies otherwise payable to CM until the Project is completed. If Owner incurs additional costs, expenses, or other damages due to the failure of CM to properly perform pursuant to the Agreement, these costs, expenses, or other damages shall be deducted from the amounts withheld. Should the amounts withheld exceed the amounts deducted, the balance will be paid to CM upon completion of the Project. If the costs, expenses, or other damages incurred by Owner exceeds the amount withheld, CM shall be liable to Owner for the difference.

13.1.2 Owner may terminate this Agreement for convenience at any time upon written notice to CM, in which case Owner will pay CM in full for all services performed in compliance with and all expenses incurred under this Agreement up to and including the effective date of termination. In ascertaining the services actually rendered to the date of termination, consideration will be given to both completed Work and Work in progress, whether delivered to Owner or in the possession of CM, and to authorized Reimbursable Expenses. No other compensation or lost profit will be payable for such termination.

13.2 CM-INITIATED TERMINATION

13.2.1 CM may terminate this Agreement for convenience at any time upon thirty (30) days’ written notice to Owner, in which case Owner will pay CM in full for all services performed and all expenses incurred under this Agreement up to and including the effective date of termination, minus all costs incurred by Owner in identifying, contracting with, and bringing up to date a new construction manager to manage the Work. In ascertaining the services actually rendered to the date of termination, consideration will be given to both completed Work and Work in progress, whether delivered to Owner or in the possession 60 Item 6.
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of CM, and to authorized Reimbursable Expenses. No other compensation or lost profit will be payable for such termination.

13.3 DOCUMENTS AND MATERIALS

13.3.1 In the event of Agreement termination by either party for any reason, Owner reserves the right to receive, and CM shall promptly provide to Owner, all documents and materials prepared by CM for the Project. In the event of termination, any dispute regarding the amount to be paid under Article 6 shall not derogate from the right of Owner to receive and use such documents or materials.

14. INDEMNIFICATION

14.1 CM shall indemnify, protect, defend and hold free and harmless Owner and its board members ,agents, representatives, officers, employees, and volunteers (the “Indemnified Parties”) from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, delays, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney’s and consultants’ fees and causes of action, including personal injury and/or death (“Claim(s)”), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence (active or passive, ordinary or gross), recklessness (ordinary or gross), errors or omissions, or willful misconduct of CM, its directors, officials, officers, employees, contractors, subcontractors, or agents directly or indirectly arising out of, connected with, or resulting from the performance of the Services or this Agreement. This indemnity excludes CM’s liability as to the active or sole negligence or willful misconduct of Owner. 61 Item 6.
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IN WITNESS WHEREOF, THE CITY OF OROVILLE (OWNER) and TROVER CONSTRUCTION PROJECT MANAGEMENT LLC (CM) have executed this Agreement as of the date first written above (see Cover Page).

CONSTRUCTION MANAGER FIRM NAME: Trover Construction Project Management LLC By: Name: Nick Trover Title: Owner
(Signature) (Date)
CONSTRUCTION MANAGER ADDRESS: 974 Forest Ave Chico, CA 95928 CITY OF OROVILLE REPRESENTATIVE:

By: Name: Title:
(Signature) (Date)
CITY OF OROVILLE ADDRESS: 1735 Montgomery Street Oroville, CA 95965 62 Item 6.
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EXHIBIT A
Discipline Hourly Rate
Project Management Services
Project Manager $165.00
Assistant Project Manager $145.00
Project Engineer / Coordinator $120.00

TROVER CONSTRUCTION PROJECT MANAGEMENT FEE SCHEDULE
*VEHICULAR REIMBURSMENT $0.60 PER MILE
**MISC. EXPENSES CHARGED AT ACTUAL COST PLUS 10%
63 Item 6.
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CITY OF OROVILLE

CENTENNIAL CULTURAL CENTER BUILDING

ROOF REPLACEMENT AND PAINTING

CONSTRUCTION MANAGEMENT AGREEMENT

TABLE OF CONTENTS
ARTICLE 1 - GENERAL PROVISIONS

1.1 GENERAL REQUIREMENTS

1.2 CONSTRUCTION MANAGER STANDARD OF CARE

1.3 DEFINITIONS
ARTICLE 2 - CM'S SERVICES AND RESPONSIBILITIES - BASIC SERVICES

2.1 PRECONSTRUCTION

2.2 CONSTRUCTION PHASE
ARTICLE 3 - CM'S SERVICES AND RESPONSIBILITIES - ADDITIONAL SERVICES

3.1 PRE-CONSTRUCTION PHASES

3.2 CONSTRUCTION PHASE

3.3 POST-CONSTRUCTION

3.4 GENERAL
ARTICLE 4 – CITY OF OROVILLE RIGHTS AND RESPONSIBILITIES

4.1 ADMINISTRATION

4.2 PROVISION OF INFORMATION, SURVEYS, AND REPORTS
ARTICLE 5 - COMPENSATION

5.1 COMPENSATION FOR BASIC SERVICES

5.2 COMPENSATION FOR ADDITIONAL SERVICES

5.3 REIMBURSABLE EXPENSES
ARTICLE 6 - PAYMENTS

6.1 PAYMENTS FOR BASIC SERVICES

6.2 PAYMENTS FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES

6.3 PROJECT SUSPENSION

6.4 INSURANCE
ARTICLE 7 - CM'S RECORDS AND FILES
ARTICLE 8 - OWNERSHIP AND USE OF DOCUMENTS, MATERIALS AND SYSTEMS

8.1 OWNERSHIP

8.2 INDEMNIFICATION
ARTICLE 9 - DISPUTES

9.1 NEGOTIATION

9.2 MEDIATION

9.3 ARBITRATION OR LITIGATION
ARTICLE 10 - EXTENT OF AGREEMENT

10.1 AUTHORITY OF AGREEMENT

10.2 EXHIBITS

10.3 THIRD-PARTY BENEFICIARIES
ARTICLE 11 - NOTICES

11.1 CITY OF OROVILLE AND CM
ARTICLE 12 – SUCCESSORS AND ASSIGNS

12.1 CM’S DEATH OR INCAPACITATION
ARTICLE 13 - TERMINATION OF AGREEMENT

13.1 CITY OF OROVILLE-INITIATED TERMINATION

13.2 CM-INITIATED TERMINATION

13.3 DOCUMENTS AND MATERIALS
64 Item 6.
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CONSTRUCTION MANAGEMENT AGREEMENT
between

CITY OF OROVILLE
and

TROVER CONSTRUCTION PROJECT MANAGEMENT LLC (CM)
This AGREEMENT is made on the day of in the year
between CITY OF OROVILLE, hereinafter
called “Owner”, and Trover Construction Project Management LLC, hereinafter called “CM” or “TCPM”, for the following Project:

Centennial Cultural Center Roof and Paint Project
PROJECT DESCRIPTION:

Project encompasses re-roofing and painting the facade of the Centennial Cultural Center building. Project is located at 1931 Arlin Rhine St Oroville CA, 95965.

ARTICLE 1 - GENERAL PROVISIONS

1.1 GENERAL REQUIREMENTS

1.1.1 This Agreement shall be governed by the laws of the State of California.

1.1.2 In the event of a conflict between the provisions of any exhibit to this Agreement and the Agreement, the provisions of this Agreement shall govern.

1.1.3 Owner’s exercise of any of its rights or remedies prescribed in this Agreement shall not relieve CM from responsibility for damages or other losses incurred or to be incurred by Owner as a result of CM's breach of its obligations under this Agreement.

1.1.4 Time is of the essence for this Agreement.

1.1.5 CM shall cooperate with Owner, its designees, and Contractor in furthering the interests of Owner.

1.1.6 CM will comply with all background check requirements of the Owner, and will comply with all COVID-related requirements including vaccination and face covering requirements.

1.2 CONSTRUCTION MANAGER STANDARD OF CARE

1.2.1 CM, its officers, agents, employees, subcontractors, consultants and any 65 Item 6.
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persons or entities for whom CM is responsible, shall provide all services pursuant to this Agreement in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope, and complexity of the Project (including its contracting mode), and shall possess all required licenses and permits to perform the Work.

1.3 DEFINITIONS

1.3.1 As-builts (As-built Drawings and Specifications). The term "As-builts" shall mean the record copy of the Contract Documents prepared by the Construction Contractor to record as-built conditions, current changes, and selections made during construction.

1.3.2 Construction Budget. The term "Construction Budget" shall mean the CITY OF OROVILLE's written statement of funds available to pay for the cost of construction.

1.3.3 Construction Documents. The term "Construction Documents" shall mean the drawings and specifications, prepared by the Design Professional, setting forth in detail the requirements for the construction of the Project.

1.3.4 Contract Documents. The term "Contract Documents" shall mean the Advertisement for Bids, Instruction to Bidders, Supplementary Instructions to Bidders, Bid Form, Agreement, General Conditions, Supplementary Conditions, Affirmative Action Program, Exhibits to the Construction Documents, Specifications, List of Drawings, Drawings, Addenda, Notice to Proceed, Change Orders, Notice of Completion and all other items identified in the Construction Contract Agreement.

1.3.5 Contractor. The term “Contractor” shall mean the entity or, in the case of a design build contract, a contractor and design professional team with whom Owner has contracted to construct the Work associated with this Project.

1.3.6 Coordination. The term "Coordination" shall mean that the documents shall be consistent and in conformance each part with all other parts.

1.3.7 Project. The term "Project" shall mean the project described on page 1 of this Agreement.

1.3.8 CM. The term "CM" shall mean the specific Owner-approved CM individual named in this Agreement who is assigned to the Project, and is CM's designated principal or staff member, as the designated person in charge of providing all services required by this Agreement.

1.3.9 Project Program. The term "Project Program" is a written statement of Owner's design objectives, constraints, and criteria, including space requirements and relationships, flexibility and expendability, special equipment and systems, and Project site requirements.

1.3.10 Project Schedule. The term "Project Schedule" shall mean the schedule prepared by CM for Owner showing Project milestones, funding, design, design review, construction, and other deadlines applicable to the Project.

1.3.11 Record Documents. The term "Record Documents" shall mean the Design Professional's record drawings and final specifications made from the As-built documents 66 Item 6.
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received from the Contractor.

1.3.12 Bidding Documents. The term "Bidding Documents" shall mean those documents prepared and furnished by Owner for the purpose of obtaining bids from contractors to construct the Project, including without limitation, the General Conditions and General Requirements which are hereby incorporated by reference.

1.3.13 Work. The term “Work” shall mean all construction, services, and other requirements of the Contract Documents, or as modified by Change Order, whether completed or partially completed, and includes all labor, materials, equipment, tools, and services provided or to be provided by Contractor to fulfill Contractor's obligations, The Work may constitute the whole or a part of the Project.

ARTICLE 2 - CM'S SERVICES AND RESPONSIBILITIES - BASIC SERVICES Basic Services to be provided by CM consist of the services described in this Article 2.

2.1 CONSTRUCTION PHASE

2.1.1 CM shall assist Owner and Contractor as requested in the preparation of the pre- construction meetings

2.1.2 CM shall assist Owner and Contractor in monitoring written communications between Contractor, Owner's Administrator and Contractor(s).

2.1.3 CM shall assist Owner, in the resolution of disputes between Owner and the Contractor.

2.1.4 CM shall maintain a regular presence on site as necessary to facilitate coordination, resolve construction related issues, and provide regular written updates to Owner.

2.1.5 CM shall monitor construction activities and provide regular reporting of progress, issues, and changes to schedule, scope, and budget.

2.1.6 CM shall assist and process monthly contractor and subconsultant pay applications for Owner.

2.1.7 CM Shall assist Owner in responding to RFI’s

2.1.8 CM shall maintain, monitor, and update the Cost Control System. The monthly Cost Report shall compare the original Project Budget with the current Project cost, identify expenditures to date, state the budget required for completion of each major category of Work, identify actual and anticipated Change Orders, and predict the current estimated total Project cost.

2.1.9 CM shall assist Owner in evaluating Contractor Change Order Requests.

2.1.10 CM shall assist in negotiations with Contractor as requested by Owner. 67 Item 6.
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2.1.11 CM shall assist Owner, in obtaining back-up documentation, shop drawings, and materials submittals from Contractor.

2.1.12 CM shall assist Owner and Contractor on obtaining necessary permits with pertinent regulating bodies.

2.1.13 CM, its officers, agents, employees, subcontractors, and any persons or entities for whom CM is responsible, must provide all Services pursuant to this Agreement in accordance with the requirements of this Agreement and in a manner consistent with the standard of care under California law applicable to those who specialize in providing the same services for projects of the type, scope, and complexity of the Project. Owner’ review, approval of, or payment for any of the Services required under this Agreement must not be construed as assent that CM has complied, nor in any way relieve the CM of compliance, with (i) the applicable standard of care or (ii) applicable statutes, regulations, rules, or this Agreement.

ARTICLE 3 - CM'S SERVICES AND RESPONSIBILITIES - ADDITIONAL SERVICES Unless required to be performed as part of Basic Services, the services described in this Article 3 are Additional Services. These Additional Services shall be paid for by Owner, as provided in this Agreement, in addition to the compensation for Basic Services. CM shall provide Additional Services only when and as authorized in a written Amendment signed by Owner. No Additional Services shall be compensable unless so authorized. additional services shall be compensated hourly as referenced by Appendix A or via lump sum as negotiated between Owner and CM.

3.1 CONSTRUCTION PHASE as needed by client

3.3. POST-CONSTRUCTION as needed by client

3.4 GENERAL as needed by client
ARTICLE 4 - OWNERS RIGHTS AND RESPONSIBILITIES

4.1 ADMINISTRATION

4.1.1 Owner will designate, in writing, an Owner Representative who will act on behalf of Owner with respect to this Agreement. CM shall accept directives only from the designated Owner Representative and not from other Owner employees. Owner may replace the designated Owner Representative at its sole option; if this replacement is made, Owner will notify CM in writing.

4.2 PROVISION OF INFORMATION, SURVEYS, AND REPORTS

4.2.1 Owner will have the right to make changes to the Project Program. When such changes increase the duties of CM beyond those reasonably and customarily provided in Basic Services, CM shall be compensated in accordance with this Agreement.

4.2.2 Owner will have the right to make reasonable changes to its Bidding Documents 68 Item 6.
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and CM shall be bound by such changes. When such changes increase the duties of CM, beyond those reasonably and customarily provided in Basic Services, CM shall be compensated in accordance with this Agreement.

4.2.3 Owner shall furnish information to CM for purposes of updating the Project Schedule as dates and durations applicable to the Project such as funding deadlines, review periods, anticipated periods of Project suspension, and construction deadlines become known.

4.2.4 The services, information, surveys, and reports required by this Article 4 will be furnished at Owner's expense.

4.2.5 Owner will furnish copies of Drawings, Specifications, and other Project-related documents deemed necessary by Owner and CM for the performance of CM's services under this Agreement.

ARTICLE 5 - COMPENSATION
Owner will compensate CM for the scope of services provided, in accordance with this Article 5 and with the other terms and conditions of this Agreement as follows:

5.1 COMPENSATION FOR BASIC SERVICES

5.1.1 The fee for Basic Services shall be computed as follows:

For services rendered in accordance with this Agreement, the basis for compensation shall be a fee not to exceed the amount of seven thousand dollars ($7,000.00), payable monthly, at an hourly rate as documented in the fee schedule (see Exhibit A), after the review and approval by Owner. Any change orders to the prime contract between Contractor and Owner that increases the contract amount shall increase the not to exceed amount equal to 6% of the change order amount.

5.1.2 Owner reserves the right to withhold monies for services not received as part of Basic Services and Supplemental Services unless an Amendment is issued by Owner for extension of services.

5.1.3 Owner understands that the scope of work required of the CM is difficult to define for this project and CM has developed the not to exceed price based on their professional experience and current understanding of the project scope. Should the not to exceed amount be reached prior to project completion, Owner shall authorize additional expenditures in writing should owner elect to continue to retain CM.

5.2 COMPENSATION FOR ADDITIONAL SERVICES

5.2.1 For the Additional Services of CM, as described in Article 3, compensation shall be in accordance with the attached Rate Schedule (Exhibit A).

5.2.2 Owner reserves the right to change time and scope of the Work (Change 69 Item 6.
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Orders). If Owner changes either time or scope, the CM's fees shall be adjusted in accordance with the attached Rate Schedule (Exhibit A).

5.2.3 If the duration of this Agreement exceeds or is extended by 60 calendar days through the fault of Owner, Design Professional, or Contractor and through no fault of CM, compensation for any Basic Services provided during this extended period of the construction phase of the construction contract shall be adjusted to compensate CM for any additional costs reasonably incurred by CM as the result of such delay, provided Owner has approved such adjustments in advance. These extended Basic Services shall be approved, in writing, by Owner and shall not include Basic Services that would have been performed under this Agreement had the initial duration of the Agreement not been substantially exceeded or extended.

5.3 REIMBURSABLE EXPENSES

5.3.1 For Reimbursable Expenses, only actual, reasonable costs will be reimbursed.

Paid invoices or other proof of payment shall be submitted when requesting reimbursement.

5.3.2 Reimbursable Expenses are paid in addition to the compensation for Basic and Additional Services and are actual expenditures made by CM and CM’s consultants in relation to the services provided in this Agreement.

ARTICLE 6 - PAYMENTS

6.1 PAYMENTS FOR BASIC SERVICES

6.1.1 Payments for Basic Services, as defined in Article 2, shall be made as stipulated in subparagraph 5.1.1.

6.2 PAYMENTS FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES

6.2.1 Payments for CM's Additional Services, as defined in Article 3, and for Reimbursable Expenses, as defined in paragraph 5.3, shall be made monthly after presentation of CM's statement of services rendered, or expenses incurred, with invoices, receipts and other justification thereof.

6.3 PROJECT SUSPENSION

6.3.1 If the Project is suspended or abandoned for more than 3 consecutive months, and such suspension was not scheduled at the beginning of the Project, as provided under subparagraph 4.2.4, CM shall be compensated for all authorized services performed prior to the receipt of written notice from Owner of such suspension or abandonment, together with Reimbursable Expenses then due. If the Project is resumed after being suspended for more than 3 consecutive months, CM's compensation shall be adjusted to compensate CM for any additional costs reasonably incurred as the result of the suspension.

6.4 INSURANCE
CM shall maintain the required insurance for its operations, including general liability 70 Item 6.
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insurance in an amount of at least $1,000,000 and professional liability insurance in an amount of at least $1,000,000, as well as workers’ compensation insurance as required by law, with an insurance company or companies that are rated “A-VII” or higher by A. M.

Best’s key rating guide, and are authorized to do business in the State of California. CM shall provide Owner with certificates of insurance and signed insurance policy endorsements, on forms acceptable to Owner, as evidence that the required insurance is in full force and effect. Each certificate of insurance and signed insurance policy endorsement must specifically provide verification that Owner and its directors, agents, officers, and employees have been added as additional insureds on the insurance policy being referenced. CM and any insurance company providing the insurance required by this section must waive any right of recovery or subrogation it may have against Owner.

ARTICLE 7 - CM'S RECORDS AND FILES
CM shall make files available for inspection and copying by Owner upon reasonable notice.

Owner or Owner's authorized representative shall have access to the CM's premises and records for inspection and auditing during normal business hours, shall be allowed to interview CM employees pursuant to the provisions of this Article, and be provided adequate and appropriate workspace in order to conduct audits in compliance with this Article. The provisions of this Article shall also apply to parent, affiliate, and subsidiary companies as necessary to verify costs associated with this Agreement.

ARTICLE 8 - OWNERSHIP AND USE OF DOCUMENTS, MATERIALS AND

SYSTEMS

8.1 OWNERSHIP
All systems, materials and documents developed for and with Owner resources shall become the property of Owner, whether or not the Project for which they are developed is executed.

Upon completion or termination of CM’s Basic Services and Additional Services under this Agreement, CM shall promptly provide to Owner all files related in any way to the Project, including but not limited to all documents, correspondence (including internal and external correspondence), systems and materials, both electronic and hard copy format, excluding CM’s internal accounting books and records addressed in Article 7. CM shall be permitted to retain copies for information and reference at CM’s expense.

8.2 INDEMNIFICATION
Owner will not defend, indemnify or save harmless CM, its officers, agents, or employees from any costs or claims asserted or imposed by any person or entity claiming that Owner's or CM’s use of systems, materials or documents is contrary to or in violation of any copyright, patent, trade secret, trade name, trademark, or any proprietary, contractual or legal right pertaining to their use.

ARTICLE 9 - DISPUTES

9.1 NEGOTIATION
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9.1.1 The parties will attempt in good faith to resolve any controversy or Claim arising out of or relating to this Agreement by negotiation.

9.2 MEDIATION

9.2.1 Within 60 days, but not earlier than 30 days following the earlier of (1) receipt of notice by the other party from the American Arbitration Association (AAA) of the disputing party's demand for arbitration or (2) receipt by the other party of the disputing party's notice of election to litigate, the parties may submit the matter to non-binding mediation administered by the AAA under its construction industry mediation rules.

9.3 ARBITRATION OR LITIGATION

9.3.1 Disputes arising from this Agreement between CM and Owner which cannot be settled through negotiation or mediation shall be subject to arbitration or litigation as follows:
.1 ARBITRATION WITH CONTRACTOR
If any claim arises under the Construction Contract Documents for the Project and is submitted to arbitration, and either Contractor or Owner claims that the acts or omissions of CM are involved, in whole or in part, any claim by Owner against CM arising out of or in connection therewith may be asserted, at the option of Owner, against CM in the same arbitration proceeding which shall be conducted under the procedures specified in the General Conditions of the construction contract. .2 LITIGATION WITH CONTRACTOR
If any claim arises under the Construction Contract Documents for the Project and is submitted to litigation, and either Contractor or Owner claims that the acts or omissions of CM are involved, in whole or in part, any claim by Owner against CM arising out of or in connection therewith may be asserted, at the option of Owner, against CM in the same litigation.

ARTICLE 10 - EXTENT OF AGREEMENT

10.1 AUTHORITY OF AGREEMENT

10.1.1 This Agreement represents the entire and integrated agreement between Owner and CM and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both Owner and CM.

10.2 EXHIBITS

10.2.1 This Agreement includes the following exhibits attached hereto:

Exhibit A: Rate Schedule

10.3 THIRD-PARTY BENEFICIARIES
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Nothing contained in this Agreement is intended to make the Contractor or any Subcontractor (regardless of tier), any employee or agent of the Contractor or any Subcontractor, or any person, including Design Professional or any consultant of Design Professional (regardless of tier), a third-party beneficiary of any obligations between Owner and CM.

10.3.1 It is agreed that the relationship of CM to Owner is that of an independent contractor, that CM shall provide all Services under this Agreement as an independent contractor, and that CM shall not have the authority to bind or make any commitment on behalf of Owner. Nothing herein shall be construed to create a joint venture, partnership, employer-employee, association, or principal-agent relationship between CM and Owner.

As there is no agency relationship with Owner, CM and its employees are not employees of Owner and therefore not eligible for unemployment insurance, disability insurance, workers’ compensation, employee benefits, and/or other stipulations of Owner’ personnel policy.

10.3.2 This Agreement has been executed and delivered in the State of California and the venue will be the Plumas County and the validity, enforceability and interpretation of any of the clauses of this Agreement will be determined and governed by the laws of the State of California.

ARTICLE 11 - NOTICES

11.1 OWNER AND CM
All notices or other documents required or permitted to be given hereunder shall be personally delivered, sent by private overnight courier, or sent by certified mail, postage prepaid, return receipt requested, addressed to the parties at the address for that party on the signature page of this Agreement.

Notices sent by certified mail shall be deemed received the third business day after posting in the US Mail, and notices sent by private overnight courier shall be deemed received the first business day after delivering the same to the private overnight courier during regular business hours.

ARTICLE 12 - SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon Owner and CM and their respective successors and assigns. Neither the performance of this Agreement nor any part thereof, nor any monies due or to become due hereunder, may be assigned by CM without the prior written consent and approval of Owner.

12.1 CM'S DEATH OR INCAPACITATION

12.1.1 If CM transacts business as an individual, upon CM's death or incapacitation, Owner may, at its option, terminate this Agreement as of the date of such event. If so terminated, neither CM nor CM's estate shall have any further right to perform hereunder, and Owner shall pay CM or the estate the compensation payable under Article 5 for any 73 Item 6.
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services rendered prior to this termination not theretofore paid. This compensation shall be reduced by the amount of additional costs that will be incurred by Owner by reason of this termination.

12.1.2 If CM transacts business as a corporation, partnership, sole proprietorship or other entity with more than one officer, employee, or representative accepted by the Owner as the CM, and any one of them dies or becomes incapacitated, and the others continue to render the services covered herein, Owner may choose to continue services with CM and make payments to CM as though there had been no such death or incapacitation; Owner will not be obliged to take any account of the person who died or became incapacitated, or to make any payment to this person or this person's estate. These provisions shall apply in the event of progressive or simultaneous occasions of death or incapacitation among any group of persons retained or employed by CM herein. If death or incapacitation befalls the last member of this group before the services under this Agreement are fully performed, then the rights set forth under subparagraph 15.1.1 shall apply.

ARTICLE 13 - TERMINATION OF AGREEMENT

13.1 OWNER-INITIATED TERMINATION

13.1.1 If Owner determines that CM has failed to perform in accordance with the terms and conditions of this Agreement, Owner may terminate all or part of the Agreement for cause. This termination shall be effective if CM does not cure its failure to perform within 10 days (or more, if authorized in writing by Owner) after receipt of a notice of intention to terminate from Owner specifying the failure in performance. If a termination for cause does occur, Owner will have the right to withhold monies otherwise payable to CM until the Project is completed. If Owner incurs additional costs, expenses, or other damages due to the failure of CM to properly perform pursuant to the Agreement, these costs, expenses, or other damages shall be deducted from the amounts withheld. Should the amounts withheld exceed the amounts deducted, the balance will be paid to CM upon completion of the Project. If the costs, expenses, or other damages incurred by Owner exceeds the amount withheld, CM shall be liable to Owner for the difference.

13.1.2 Owner may terminate this Agreement for convenience at any time upon written notice to CM, in which case Owner will pay CM in full for all services performed in compliance with and all expenses incurred under this Agreement up to and including the effective date of termination. In ascertaining the services actually rendered to the date of termination, consideration will be given to both completed Work and Work in progress, whether delivered to Owner or in the possession of CM, and to authorized Reimbursable Expenses. No other compensation or lost profit will be payable for such termination.

13.2 CM-INITIATED TERMINATION

13.2.1 CM may terminate this Agreement for convenience at any time upon thirty (30) days’ written notice to Owner, in which case Owner will pay CM in full for all services performed and all expenses incurred under this Agreement up to and including the effective date of termination, minus all costs incurred by Owner in identifying, contracting with, and bringing up to date a new construction manager to manage the Work. In ascertaining the services actually rendered to the date of termination, consideration will be given to both 74 Item 6.
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completed Work and Work in progress, whether delivered to Owner or in the possession of CM, and to authorized Reimbursable Expenses. No other compensation or lost profit will be payable for such termination.

13.3 DOCUMENTS AND MATERIALS

13.3.1 In the event of Agreement termination by either party for any reason, Owner reserves the right to receive, and CM shall promptly provide to Owner, all documents and materials prepared by CM for the Project. In the event of termination, any dispute regarding the amount to be paid under Article 6 shall not derogate from the right of Owner to receive and use such documents or materials.

14. INDEMNIFICATION

14.1 CM shall indemnify, protect, defend and hold free and harmless Owner and its board members ,agents, representatives, officers, employees, and volunteers (the “Indemnified Parties”) from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, delays, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney’s and consultants’ fees and causes of action, including personal injury and/or death (“Claim(s)”), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence (active or passive, ordinary or gross), recklessness (ordinary or gross), errors or omissions, or willful misconduct of CM, its directors, officials, officers, employees, contractors, subcontractors, or agents directly or indirectly arising out of, connected with, or resulting from the performance of the Services or this Agreement. This indemnity excludes CM’s liability as to the active or sole negligence or willful misconduct of Owner. 75 Item 6.
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IN WITNESS WHEREOF, THE CITY OF OROVILLE (OWNER) and TROVER CONSTRUCTION PROJECT MANAGEMENT LLC (CM) have executed this Agreement as of the date first written above (see Cover Page).

CONSTRUCTION MANAGER FIRM NAME: Trover Construction Project Management LLC By: Name: Nick Trover Title: Owner
(Signature) (Date)
CONSTRUCTION MANAGER ADDRESS: 974 Forest Ave Chico, CA 95928 CITY OF OROVILLE REPRESENTATIVE:

By: Name: Title:
(Signature) (Date)
CITY OF OROVILLE ADDRESS: 1735 Montgomery Street Oroville, CA 95965 76 Item 6.
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EXHIBIT A
Discipline Hourly Rate
Project Management Services
Project Manager $165.00
Assistant Project Manager $145.00
Project Engineer / Coordinator $120.00

TROVER CONSTRUCTION PROJECT MANAGEMENT FEE SCHEDULE
*VEHICULAR REIMBURSMENT $0.60 PER MILE
**MISC. EXPENSES CHARGED AT ACTUAL COST PLUS 10%
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CITY OF OROVILLE

CONVENTION CENTER EXTERIOR ADA IMPROVEMNTS PROJECT

CONSTRUCTION MANAGEMENT AGREEMENT

TABLE OF CONTENTS
ARTICLE 1 - GENERAL PROVISIONS

1.1 GENERAL REQUIREMENTS

1.2 CONSTRUCTION MANAGER STANDARD OF CARE

1.3 DEFINITIONS
ARTICLE 2 - CM'S SERVICES AND RESPONSIBILITIES - BASIC SERVICES

2.1 PRECONSTRUCTION

2.2 CONSTRUCTION PHASE
ARTICLE 3 - CM'S SERVICES AND RESPONSIBILITIES - ADDITIONAL SERVICES

3.1 PRE-CONSTRUCTION PHASES

3.2 CONSTRUCTION PHASE

3.3 POST-CONSTRUCTION

3.4 GENERAL
ARTICLE 4 – CITY OF OROVILLE RIGHTS AND RESPONSIBILITIES

4.1 ADMINISTRATION

4.2 PROVISION OF INFORMATION, SURVEYS, AND REPORTS
ARTICLE 5 - COMPENSATION

5.1 COMPENSATION FOR BASIC SERVICES

5.2 COMPENSATION FOR ADDITIONAL SERVICES

5.3 REIMBURSABLE EXPENSES
ARTICLE 6 - PAYMENTS

6.1 PAYMENTS FOR BASIC SERVICES

6.2 PAYMENTS FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES

6.3 PROJECT SUSPENSION

6.4 INSURANCE
ARTICLE 7 - CM'S RECORDS AND FILES
ARTICLE 8 - OWNERSHIP AND USE OF DOCUMENTS, MATERIALS AND SYSTEMS

8.1 OWNERSHIP

8.2 INDEMNIFICATION
ARTICLE 9 - DISPUTES

9.1 NEGOTIATION

9.2 MEDIATION

9.3 ARBITRATION OR LITIGATION
ARTICLE 10 - EXTENT OF AGREEMENT

10.1 AUTHORITY OF AGREEMENT

10.2 EXHIBITS

10.3 THIRD-PARTY BENEFICIARIES
ARTICLE 11 - NOTICES

11.1 CITY OF OROVILLE AND CM
ARTICLE 12 – SUCCESSORS AND ASSIGNS

12.1 CM’S DEATH OR INCAPACITATION
ARTICLE 13 - TERMINATION OF AGREEMENT

13.1 CITY OF OROVILLE-INITIATED TERMINATION

13.2 CM-INITIATED TERMINATION

13.3 DOCUMENTS AND MATERIALS
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CONSTRUCTION MANAGEMENT AGREEMENT
between

CITY OF OROVILLE
and

TROVER CONSTRUCTION PROJECT MANAGEMENT LLC (CM)
This AGREEMENT is made on the day of in the year
between CITY OF OROVILLE, hereinafter
called “Owner”, and Trover Construction Project Management LLC, hereinafter called “CM” or “TCPM”, for the following Project:

Convention Center Exterior ADA Improvements Project
PROJECT DESCRIPTION:

Project encompasses demoing existing exterior stairs and flatwork, installation of new stairs, ramp and lighting to meet current ADA requirements. Project is located at 1200 Meyers St Oroville CA, 95965.

ARTICLE 1 - GENERAL PROVISIONS

1.1 GENERAL REQUIREMENTS

1.1.1 This Agreement shall be governed by the laws of the State of California.

1.1.2 In the event of a conflict between the provisions of any exhibit to this Agreement and the Agreement, the provisions of this Agreement shall govern.

1.1.3 Owner’s exercise of any of its rights or remedies prescribed in this Agreement shall not relieve CM from responsibility for damages or other losses incurred or to be incurred by Owner as a result of CM's breach of its obligations under this Agreement.

1.1.4 Time is of the essence for this Agreement.

1.1.5 CM shall cooperate with Owner, its designees, and Contractor in furthering the interests of Owner.

1.1.6 CM will comply with all background check requirements of the Owner, and will comply with all COVID-related requirements including vaccination and face covering requirements.

1.2 CONSTRUCTION MANAGER STANDARD OF CARE

1.2.1 CM, its officers, agents, employees, subcontractors, consultants and any 79 Item 6.
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persons or entities for whom CM is responsible, shall provide all services pursuant to this Agreement in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope, and complexity of the Project (including its contracting mode), and shall possess all required licenses and permits to perform the Work.

1.3 DEFINITIONS

1.3.1 As-builts (As-built Drawings and Specifications). The term "As-builts" shall mean the record copy of the Contract Documents prepared by the Construction Contractor to record as-built conditions, current changes, and selections made during construction.

1.3.2 Construction Budget. The term "Construction Budget" shall mean the CITY OF OROVILLE's written statement of funds available to pay for the cost of construction.

1.3.3 Construction Documents. The term "Construction Documents" shall mean the drawings and specifications, prepared by the Design Professional, setting forth in detail the requirements for the construction of the Project.

1.3.4 Contract Documents. The term "Contract Documents" shall mean the Advertisement for Bids, Instruction to Bidders, Supplementary Instructions to Bidders, Bid Form, Agreement, General Conditions, Supplementary Conditions, Affirmative Action Program, Exhibits to the Construction Documents, Specifications, List of Drawings, Drawings, Addenda, Notice to Proceed, Change Orders, Notice of Completion and all other items identified in the Construction Contract Agreement.

1.3.5 Contractor. The term “Contractor” shall mean the entity or, in the case of a design build contract, a contractor and design professional team with whom Owner has contracted to construct the Work associated with this Project.

1.3.6 Coordination. The term "Coordination" shall mean that the documents shall be consistent and in conformance each part with all other parts.

1.3.7 Project. The term "Project" shall mean the project described on page 1 of this Agreement.

1.3.8 CM. The term "CM" shall mean the specific Owner-approved CM individual named in this Agreement who is assigned to the Project, and is CM's designated principal or staff member, as the designated person in charge of providing all services required by this Agreement.

1.3.9 Project Program. The term "Project Program" is a written statement of Owner's design objectives, constraints, and criteria, including space requirements and relationships, flexibility and expendability, special equipment and systems, and Project site requirements.

1.3.10 Project Schedule. The term "Project Schedule" shall mean the schedule prepared by CM for Owner showing Project milestones, funding, design, design review, construction, and other deadlines applicable to the Project.

1.3.11 Record Documents. The term "Record Documents" shall mean the Design Professional's record drawings and final specifications made from the As-built documents 80 Item 6.
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received from the Contractor.

1.3.12 Bidding Documents. The term "Bidding Documents" shall mean those documents prepared and furnished by Owner for the purpose of obtaining bids from contractors to construct the Project, including without limitation, the General Conditions and General Requirements which are hereby incorporated by reference.

1.3.13 Work. The term “Work” shall mean all construction, services, and other requirements of the Contract Documents, or as modified by Change Order, whether completed or partially completed, and includes all labor, materials, equipment, tools, and services provided or to be provided by Contractor to fulfill Contractor's obligations, The Work may constitute the whole or a part of the Project.

ARTICLE 2 - CM'S SERVICES AND RESPONSIBILITIES - BASIC SERVICES Basic Services to be provided by CM consist of the services described in this Article 2.

2.1 CONSTRUCTION PHASE

2.1.1 CM shall assist Owner and Contractor as requested in the preparation of the pre- construction meetings

2.1.2 CM shall assist Owner and Contractor in monitoring written communications between Contractor, Owner's Administrator and Contractor(s).

2.1.3 CM shall assist Owner, in the resolution of disputes between Owner and the Contractor.

2.1.4 CM shall maintain a regular presence on site as necessary to facilitate coordination, resolve construction related issues, and provide regular written updates to Owner.

2.1.5 CM shall monitor construction activities and provide regular reporting of progress, issues, and changes to schedule, scope, and budget.

2.1.6 CM shall assist and process monthly contractor and subconsultant pay applications for Owner.

2.1.7 CM Shall assist Owner in responding to RFI’s

2.1.8 CM shall maintain, monitor, and update the Cost Control System. The monthly Cost Report shall compare the original Project Budget with the current Project cost, identify expenditures to date, state the budget required for completion of each major category of Work, identify actual and anticipated Change Orders, and predict the current estimated total Project cost.

2.1.9 CM shall assist Owner in evaluating Contractor Change Order Requests.

2.1.10 CM shall assist in negotiations with Contractor as requested by Owner. 81 Item 6.
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2.1.11 CM shall assist Owner, in obtaining back-up documentation, shop drawings, and materials submittals from Contractor.

2.1.12 CM shall assist Owner and Contractor on obtaining necessary permits with pertinent regulating bodies.

2.1.13 CM, its officers, agents, employees, subcontractors, and any persons or entities for whom CM is responsible, must provide all Services pursuant to this Agreement in accordance with the requirements of this Agreement and in a manner consistent with the standard of care under California law applicable to those who specialize in providing the same services for projects of the type, scope, and complexity of the Project. Owner’ review, approval of, or payment for any of the Services required under this Agreement must not be construed as assent that CM has complied, nor in any way relieve the CM of compliance, with (i) the applicable standard of care or (ii) applicable statutes, regulations, rules, or this Agreement.

ARTICLE 3 - CM'S SERVICES AND RESPONSIBILITIES - ADDITIONAL SERVICES Unless required to be performed as part of Basic Services, the services described in this Article 3 are Additional Services. These Additional Services shall be paid for by Owner, as provided in this Agreement, in addition to the compensation for Basic Services. CM shall provide Additional Services only when and as authorized in a written Amendment signed by Owner. No Additional Services shall be compensable unless so authorized. additional services shall be compensated hourly as referenced by Appendix A or via lump sum as negotiated between Owner and CM.

3.1 CONSTRUCTION PHASE as needed by client

3.3. POST-CONSTRUCTION as needed by client

3.4 GENERAL as needed by client
ARTICLE 4 - OWNERS RIGHTS AND RESPONSIBILITIES

4.1 ADMINISTRATION

4.1.1 Owner will designate, in writing, an Owner Representative who will act on behalf of Owner with respect to this Agreement. CM shall accept directives only from the designated Owner Representative and not from other Owner employees. Owner may replace the designated Owner Representative at its sole option; if this replacement is made, Owner will notify CM in writing.

4.2 PROVISION OF INFORMATION, SURVEYS, AND REPORTS

4.2.1 Owner will have the right to make changes to the Project Program. When such changes increase the duties of CM beyond those reasonably and customarily provided in Basic Services, CM shall be compensated in accordance with this Agreement.

4.2.2 Owner will have the right to make reasonable changes to its Bidding Documents 82 Item 6.
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and CM shall be bound by such changes. When such changes increase the duties of CM, beyond those reasonably and customarily provided in Basic Services, CM shall be compensated in accordance with this Agreement.

4.2.3 Owner shall furnish information to CM for purposes of updating the Project Schedule as dates and durations applicable to the Project such as funding deadlines, review periods, anticipated periods of Project suspension, and construction deadlines become known.

4.2.4 The services, information, surveys, and reports required by this Article 4 will be furnished at Owner's expense.

4.2.5 Owner will furnish copies of Drawings, Specifications, and other Project-related documents deemed necessary by Owner and CM for the performance of CM's services under this Agreement.

ARTICLE 5 - COMPENSATION
Owner will compensate CM for the scope of services provided, in accordance with this Article 5 and with the other terms and conditions of this Agreement as follows:

5.1 COMPENSATION FOR BASIC SERVICES

5.1.1 The fee for Basic Services shall be computed as follows:

For services rendered in accordance with this Agreement, the basis for compensation shall be a fee not to exceed the amount of fifty thousand dollars ($50,000.00), payable monthly, at an hourly rate as documented in the fee schedule (see Exhibit A), after the review and approval by Owner. Any change orders to the prime contract between Contractor and Owner that increases the contract amount shall increase the not to exceed amount equal to 6% of the change order amount.

5.1.2 Owner reserves the right to withhold monies for services not received as part of Basic Services and Supplemental Services unless an Amendment is issued by Owner for extension of services.

5.1.3 Owner understands that the scope of work required of the CM is difficult to define for this project and CM has developed the not to exceed price based on their professional experience and current understanding of the project scope. Should the not to exceed amount be reached prior to project completion, Owner shall authorize additional expenditures in writing should owner elect to continue to retain CM.

5.2 COMPENSATION FOR ADDITIONAL SERVICES

5.2.1 For the Additional Services of CM, as described in Article 3, compensation shall be in accordance with the attached Rate Schedule (Exhibit A).

5.2.2 Owner reserves the right to change time and scope of the Work (Change 83 Item 6.
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Orders). If Owner changes either time or scope, the CM's fees shall be adjusted in accordance with the attached Rate Schedule (Exhibit A).

5.2.3 If the duration of this Agreement exceeds or is extended by 60 calendar days through the fault of Owner, Design Professional, or Contractor and through no fault of CM, compensation for any Basic Services provided during this extended period of the construction phase of the construction contract shall be adjusted to compensate CM for any additional costs reasonably incurred by CM as the result of such delay, provided Owner has approved such adjustments in advance. These extended Basic Services shall be approved, in writing, by Owner and shall not include Basic Services that would have been performed under this Agreement had the initial duration of the Agreement not been substantially exceeded or extended.

5.3 REIMBURSABLE EXPENSES

5.3.1 For Reimbursable Expenses, only actual, reasonable costs will be reimbursed.

Paid invoices or other proof of payment shall be submitted when requesting reimbursement.

5.3.2 Reimbursable Expenses are paid in addition to the compensation for Basic and Additional Services and are actual expenditures made by CM and CM’s consultants in relation to the services provided in this Agreement.

ARTICLE 6 - PAYMENTS

6.1 PAYMENTS FOR BASIC SERVICES

6.1.1 Payments for Basic Services, as defined in Article 2, shall be made as stipulated in subparagraph 5.1.1.

6.2 PAYMENTS FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES

6.2.1 Payments for CM's Additional Services, as defined in Article 3, and for Reimbursable Expenses, as defined in paragraph 5.3, shall be made monthly after presentation of CM's statement of services rendered, or expenses incurred, with invoices, receipts and other justification thereof.

6.3 PROJECT SUSPENSION

6.3.1 If the Project is suspended or abandoned for more than 3 consecutive months, and such suspension was not scheduled at the beginning of the Project, as provided under subparagraph 4.2.4, CM shall be compensated for all authorized services performed prior to the receipt of written notice from Owner of such suspension or abandonment, together with Reimbursable Expenses then due. If the Project is resumed after being suspended for more than 3 consecutive months, CM's compensation shall be adjusted to compensate CM for any additional costs reasonably incurred as the result of the suspension.

6.4 INSURANCE
CM shall maintain the required insurance for its operations, including general liability 84 Item 6.
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insurance in an amount of at least $1,000,000 and professional liability insurance in an amount of at least $1,000,000, as well as workers’ compensation insurance as required by law, with an insurance company or companies that are rated “A-VII” or higher by A. M.

Best’s key rating guide, and are authorized to do business in the State of California. CM shall provide Owner with certificates of insurance and signed insurance policy endorsements, on forms acceptable to Owner, as evidence that the required insurance is in full force and effect. Each certificate of insurance and signed insurance policy endorsement must specifically provide verification that Owner and its directors, agents, officers, and employees have been added as additional insureds on the insurance policy being referenced. CM and any insurance company providing the insurance required by this section must waive any right of recovery or subrogation it may have against Owner.

ARTICLE 7 - CM'S RECORDS AND FILES
CM shall make files available for inspection and copying by Owner upon reasonable notice.

Owner or Owner's authorized representative shall have access to the CM's premises and records for inspection and auditing during normal business hours, shall be allowed to interview CM employees pursuant to the provisions of this Article, and be provided adequate and appropriate workspace in order to conduct audits in compliance with this Article. The provisions of this Article shall also apply to parent, affiliate, and subsidiary companies as necessary to verify costs associated with this Agreement.

ARTICLE 8 - OWNERSHIP AND USE OF DOCUMENTS, MATERIALS AND

SYSTEMS

8.1 OWNERSHIP
All systems, materials and documents developed for and with Owner resources shall become the property of Owner, whether or not the Project for which they are developed is executed.

Upon completion or termination of CM’s Basic Services and Additional Services under this Agreement, CM shall promptly provide to Owner all files related in any way to the Project, including but not limited to all documents, correspondence (including internal and external correspondence), systems and materials, both electronic and hard copy format, excluding CM’s internal accounting books and records addressed in Article 7. CM shall be permitted to retain copies for information and reference at CM’s expense.

8.2 INDEMNIFICATION
Owner will not defend, indemnify or save harmless CM, its officers, agents, or employees from any costs or claims asserted or imposed by any person or entity claiming that Owner's or CM’s use of systems, materials or documents is contrary to or in violation of any copyright, patent, trade secret, trade name, trademark, or any proprietary, contractual or legal right pertaining to their use.

ARTICLE 9 - DISPUTES

9.1 NEGOTIATION
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9.1.1 The parties will attempt in good faith to resolve any controversy or Claim arising out of or relating to this Agreement by negotiation.

9.2 MEDIATION

9.2.1 Within 60 days, but not earlier than 30 days following the earlier of (1) receipt of notice by the other party from the American Arbitration Association (AAA) of the disputing party's demand for arbitration or (2) receipt by the other party of the disputing party's notice of election to litigate, the parties may submit the matter to non-binding mediation administered by the AAA under its construction industry mediation rules.

9.3 ARBITRATION OR LITIGATION

9.3.1 Disputes arising from this Agreement between CM and Owner which cannot be settled through negotiation or mediation shall be subject to arbitration or litigation as follows:
.1 ARBITRATION WITH CONTRACTOR
If any claim arises under the Construction Contract Documents for the Project and is submitted to arbitration, and either Contractor or Owner claims that the acts or omissions of CM are involved, in whole or in part, any claim by Owner against CM arising out of or in connection therewith may be asserted, at the option of Owner, against CM in the same arbitration proceeding which shall be conducted under the procedures specified in the General Conditions of the construction contract. .2 LITIGATION WITH CONTRACTOR
If any claim arises under the Construction Contract Documents for the Project and is submitted to litigation, and either Contractor or Owner claims that the acts or omissions of CM are involved, in whole or in part, any claim by Owner against CM arising out of or in connection therewith may be asserted, at the option of Owner, against CM in the same litigation.

ARTICLE 10 - EXTENT OF AGREEMENT

10.1 AUTHORITY OF AGREEMENT

10.1.1 This Agreement represents the entire and integrated agreement between Owner and CM and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both Owner and CM.

10.2 EXHIBITS

10.2.1 This Agreement includes the following exhibits attached hereto:

Exhibit A: Rate Schedule

10.3 THIRD-PARTY BENEFICIARIES
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Nothing contained in this Agreement is intended to make the Contractor or any Subcontractor (regardless of tier), any employee or agent of the Contractor or any Subcontractor, or any person, including Design Professional or any consultant of Design Professional (regardless of tier), a third-party beneficiary of any obligations between Owner and CM.

10.3.1 It is agreed that the relationship of CM to Owner is that of an independent contractor, that CM shall provide all Services under this Agreement as an independent contractor, and that CM shall not have the authority to bind or make any commitment on behalf of Owner. Nothing herein shall be construed to create a joint venture, partnership, employer-employee, association, or principal-agent relationship between CM and Owner.

As there is no agency relationship with Owner, CM and its employees are not employees of Owner and therefore not eligible for unemployment insurance, disability insurance, workers’ compensation, employee benefits, and/or other stipulations of Owner’ personnel policy.

10.3.2 This Agreement has been executed and delivered in the State of California and the venue will be the Plumas County and the validity, enforceability and interpretation of any of the clauses of this Agreement will be determined and governed by the laws of the State of California.

ARTICLE 11 - NOTICES

11.1 OWNER AND CM
All notices or other documents required or permitted to be given hereunder shall be personally delivered, sent by private overnight courier, or sent by certified mail, postage prepaid, return receipt requested, addressed to the parties at the address for that party on the signature page of this Agreement.

Notices sent by certified mail shall be deemed received the third business day after posting in the US Mail, and notices sent by private overnight courier shall be deemed received the first business day after delivering the same to the private overnight courier during regular business hours.

ARTICLE 12 - SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon Owner and CM and their respective successors and assigns. Neither the performance of this Agreement nor any part thereof, nor any monies due or to become due hereunder, may be assigned by CM without the prior written consent and approval of Owner.

12.1 CM'S DEATH OR INCAPACITATION

12.1.1 If CM transacts business as an individual, upon CM's death or incapacitation, Owner may, at its option, terminate this Agreement as of the date of such event. If so terminated, neither CM nor CM's estate shall have any further right to perform hereunder, and Owner shall pay CM or the estate the compensation payable under Article 5 for any 87 Item 6.
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services rendered prior to this termination not theretofore paid. This compensation shall be reduced by the amount of additional costs that will be incurred by Owner by reason of this termination.

12.1.2 If CM transacts business as a corporation, partnership, sole proprietorship or other entity with more than one officer, employee, or representative accepted by the Owner as the CM, and any one of them dies or becomes incapacitated, and the others continue to render the services covered herein, Owner may choose to continue services with CM and make payments to CM as though there had been no such death or incapacitation; Owner will not be obliged to take any account of the person who died or became incapacitated, or to make any payment to this person or this person's estate. These provisions shall apply in the event of progressive or simultaneous occasions of death or incapacitation among any group of persons retained or employed by CM herein. If death or incapacitation befalls the last member of this group before the services under this Agreement are fully performed, then the rights set forth under subparagraph 15.1.1 shall apply.

ARTICLE 13 - TERMINATION OF AGREEMENT

13.1 OWNER-INITIATED TERMINATION

13.1.1 If Owner determines that CM has failed to perform in accordance with the terms and conditions of this Agreement, Owner may terminate all or part of the Agreement for cause. This termination shall be effective if CM does not cure its failure to perform within 10 days (or more, if authorized in writing by Owner) after receipt of a notice of intention to terminate from Owner specifying the failure in performance. If a termination for cause does occur, Owner will have the right to withhold monies otherwise payable to CM until the Project is completed. If Owner incurs additional costs, expenses, or other damages due to the failure of CM to properly perform pursuant to the Agreement, these costs, expenses, or other damages shall be deducted from the amounts withheld. Should the amounts withheld exceed the amounts deducted, the balance will be paid to CM upon completion of the Project. If the costs, expenses, or other damages incurred by Owner exceeds the amount withheld, CM shall be liable to Owner for the difference.

13.1.2 Owner may terminate this Agreement for convenience at any time upon written notice to CM, in which case Owner will pay CM in full for all services performed in compliance with and all expenses incurred under this Agreement up to and including the effective date of termination. In ascertaining the services actually rendered to the date of termination, consideration will be given to both completed Work and Work in progress, whether delivered to Owner or in the possession of CM, and to authorized Reimbursable Expenses. No other compensation or lost profit will be payable for such termination.

13.2 CM-INITIATED TERMINATION

13.2.1 CM may terminate this Agreement for convenience at any time upon thirty (30) days’ written notice to Owner, in which case Owner will pay CM in full for all services performed and all expenses incurred under this Agreement up to and including the effective date of termination, minus all costs incurred by Owner in identifying, contracting with, and bringing up to date a new construction manager to manage the Work. In ascertaining the services actually rendered to the date of termination, consideration will be given to both 88 Item 6.
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completed Work and Work in progress, whether delivered to Owner or in the possession of CM, and to authorized Reimbursable Expenses. No other compensation or lost profit will be payable for such termination.

13.3 DOCUMENTS AND MATERIALS

13.3.1 In the event of Agreement termination by either party for any reason, Owner reserves the right to receive, and CM shall promptly provide to Owner, all documents and materials prepared by CM for the Project. In the event of termination, any dispute regarding the amount to be paid under Article 6 shall not derogate from the right of Owner to receive and use such documents or materials.

14. INDEMNIFICATION

14.1 CM shall indemnify, protect, defend and hold free and harmless Owner and its board members ,agents, representatives, officers, employees, and volunteers (the “Indemnified Parties”) from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, delays, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney’s and consultants’ fees and causes of action, including personal injury and/or death (“Claim(s)”), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence (active or passive, ordinary or gross), recklessness (ordinary or gross), errors or omissions, or willful misconduct of CM, its directors, officials, officers, employees, contractors, subcontractors, or agents directly or indirectly arising out of, connected with, or resulting from the performance of the Services or this Agreement. This indemnity excludes CM’s liability as to the active or sole negligence or willful misconduct of Owner. 89 Item 6.
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IN WITNESS WHEREOF, THE CITY OF OROVILLE (OWNER) and TROVER CONSTRUCTION PROJECT MANAGEMENT LLC (CM) have executed this Agreement as of the date first written above (see Cover Page).

CONSTRUCTION MANAGER FIRM NAME: Trover Construction Project Management LLC By: Name: Nick Trover Title: Owner
(Signature) (Date)
CONSTRUCTION MANAGER ADDRESS: 974 Forest Ave Chico, CA 95928 CITY OF OROVILLE REPRESENTATIVE:

By: Name: Title:
(Signature) (Date)
CITY OF OROVILLE ADDRESS: 1735 Montgomery Street Oroville, CA 95965 90 Item 6.
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EXHIBIT A
Discipline Hourly Rate
Project Management Services
Project Manager $165.00
Assistant Project Manager $145.00
Project Engineer / Coordinator $120.00

TROVER CONSTRUCTION PROJECT MANAGEMENT FEE SCHEDULE
*VEHICULAR REIMBURSMENT $0.60 PER MILE
**MISC. EXPENSES CHARGED AT ACTUAL COST PLUS 10%
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CITY OF OROVILLE
CONVENTION CENTER INTERIOR AND FAÇADE RENOVATION PROJECT

CONSTRUCTION MANAGEMENT AGREEMENT

TABLE OF CONTENTS
ARTICLE 1 - GENERAL PROVISIONS

1.1 GENERAL REQUIREMENTS

1.2 CONSTRUCTION MANAGER STANDARD OF CARE

1.3 DEFINITIONS
ARTICLE 2 - CM'S SERVICES AND RESPONSIBILITIES - BASIC SERVICES

2.1 PRECONSTRUCTION

2.2 CONSTRUCTION PHASE
ARTICLE 3 - CM'S SERVICES AND RESPONSIBILITIES - ADDITIONAL SERVICES

3.1 PRE-CONSTRUCTION PHASES

3.2 CONSTRUCTION PHASE

3.3 POST-CONSTRUCTION

3.4 GENERAL
ARTICLE 4 – CITY OF OROVILLE RIGHTS AND RESPONSIBILITIES

4.1 ADMINISTRATION

4.2 PROVISION OF INFORMATION, SURVEYS, AND REPORTS
ARTICLE 5 - COMPENSATION

5.1 COMPENSATION FOR BASIC SERVICES

5.2 COMPENSATION FOR ADDITIONAL SERVICES

5.3 REIMBURSABLE EXPENSES
ARTICLE 6 - PAYMENTS

6.1 PAYMENTS FOR BASIC SERVICES

6.2 PAYMENTS FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES

6.3 PROJECT SUSPENSION

6.4 INSURANCE
ARTICLE 7 - CM'S RECORDS AND FILES
ARTICLE 8 - OWNERSHIP AND USE OF DOCUMENTS, MATERIALS AND SYSTEMS

8.1 OWNERSHIP

8.2 INDEMNIFICATION
ARTICLE 9 - DISPUTES

9.1 NEGOTIATION

9.2 MEDIATION

9.3 ARBITRATION OR LITIGATION
ARTICLE 10 - EXTENT OF AGREEMENT

10.1 AUTHORITY OF AGREEMENT

10.2 EXHIBITS

10.3 THIRD-PARTY BENEFICIARIES
ARTICLE 11 - NOTICES

11.1 CITY OF OROVILLE AND CM
ARTICLE 12 – SUCCESSORS AND ASSIGNS

12.1 CM’S DEATH OR INCAPACITATION
ARTICLE 13 - TERMINATION OF AGREEMENT

13.1 CITY OF OROVILLE-INITIATED TERMINATION

13.2 CM-INITIATED TERMINATION

13.3 DOCUMENTS AND MATERIALS
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CONSTRUCTION MANAGEMENT AGREEMENT
between

CITY OF OROVILLE
and

TROVER CONSTRUCTION PROJECT MANAGEMENT LLC (CM)
This AGREEMENT is made on the day of in the year
between CITY OF OROVILLE, hereinafter
called “Owner”, and Trover Construction Project Management LLC, hereinafter called “CM” or “TCPM”, for the following Project:

Convention Center Interior and Façade Renovation Project PROJECT DESCRIPTION:

Project encompasses remodeling the previously demolished bathrooms, construction of ADA accommodations and remodeling the façade and entry area. Project is located at 1200 Meyers St Oroville CA, 95965.

ARTICLE 1 - GENERAL PROVISIONS

1.1 GENERAL REQUIREMENTS

1.1.1 This Agreement shall be governed by the laws of the State of California.

1.1.2 In the event of a conflict between the provisions of any exhibit to this Agreement and the Agreement, the provisions of this Agreement shall govern.

1.1.3 Owner’s exercise of any of its rights or remedies prescribed in this Agreement shall not relieve CM from responsibility for damages or other losses incurred or to be incurred by Owner as a result of CM's breach of its obligations under this Agreement.

1.1.4 Time is of the essence for this Agreement.

1.1.5 CM shall cooperate with Owner, its designees, and Contractor in furthering the interests of Owner.

1.1.6 CM will comply with all background check requirements of the Owner, and will comply with all COVID-related requirements including vaccination and face covering requirements.

1.2 CONSTRUCTION MANAGER STANDARD OF CARE

1.2.1 CM, its officers, agents, employees, subcontractors, consultants and any 93 Item 6.
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persons or entities for whom CM is responsible, shall provide all services pursuant to this Agreement in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope, and complexity of the Project (including its contracting mode), and shall possess all required licenses and permits to perform the Work.

1.3 DEFINITIONS

1.3.1 As-builts (As-built Drawings and Specifications). The term "As-builts" shall mean the record copy of the Contract Documents prepared by the Construction Contractor to record as-built conditions, current changes, and selections made during construction.

1.3.2 Construction Budget. The term "Construction Budget" shall mean the CITY OF OROVILLE's written statement of funds available to pay for the cost of construction.

1.3.3 Construction Documents. The term "Construction Documents" shall mean the drawings and specifications, prepared by the Design Professional, setting forth in detail the requirements for the construction of the Project.

1.3.4 Contract Documents. The term "Contract Documents" shall mean the Advertisement for Bids, Instruction to Bidders, Supplementary Instructions to Bidders, Bid Form, Agreement, General Conditions, Supplementary Conditions, Affirmative Action Program, Exhibits to the Construction Documents, Specifications, List of Drawings, Drawings, Addenda, Notice to Proceed, Change Orders, Notice of Completion and all other items identified in the Construction Contract Agreement.

1.3.5 Contractor. The term “Contractor” shall mean the entity or, in the case of a design build contract, a contractor and design professional team with whom Owner has contracted to construct the Work associated with this Project.

1.3.6 Coordination. The term "Coordination" shall mean that the documents shall be consistent and in conformance each part with all other parts.

1.3.7 Project. The term "Project" shall mean the project described on page 1 of this Agreement.

1.3.8 CM. The term "CM" shall mean the specific Owner-approved CM individual named in this Agreement who is assigned to the Project, and is CM's designated principal or staff member, as the designated person in charge of providing all services required by this Agreement.

1.3.9 Project Program. The term "Project Program" is a written statement of Owner's design objectives, constraints, and criteria, including space requirements and relationships, flexibility and expendability, special equipment and systems, and Project site requirements.

1.3.10 Project Schedule. The term "Project Schedule" shall mean the schedule prepared by CM for Owner showing Project milestones, funding, design, design review, construction, and other deadlines applicable to the Project.

1.3.11 Record Documents. The term "Record Documents" shall mean the Design Professional's record drawings and final specifications made from the As-built documents 94 Item 6.
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received from the Contractor.

1.3.12 Bidding Documents. The term "Bidding Documents" shall mean those documents prepared and furnished by Owner for the purpose of obtaining bids from contractors to construct the Project, including without limitation, the General Conditions and General Requirements which are hereby incorporated by reference.

1.3.13 Work. The term “Work” shall mean all construction, services, and other requirements of the Contract Documents, or as modified by Change Order, whether completed or partially completed, and includes all labor, materials, equipment, tools, and services provided or to be provided by Contractor to fulfill Contractor's obligations, The Work may constitute the whole or a part of the Project.

ARTICLE 2 - CM'S SERVICES AND RESPONSIBILITIES - BASIC SERVICES Basic Services to be provided by CM consist of the services described in this Article 2.

2.1 CONSTRUCTION PHASE

2.1.1 CM shall assist Owner and Contractor as requested in the preparation of the pre- construction meetings

2.1.2 CM shall assist Owner and Contractor in monitoring written communications between Contractor, Owner's Administrator and Contractor(s).

2.1.3 CM shall assist Owner, in the resolution of disputes between Owner and the Contractor.

2.1.4 CM shall maintain a regular presence on site as necessary to facilitate coordination, resolve construction related issues, and provide regular written updates to Owner.

2.1.5 CM shall monitor construction activities and provide regular reporting of progress, issues, and changes to schedule, scope, and budget.

2.1.6 CM shall assist and process monthly contractor and subconsultant pay applications for Owner.

2.1.7 CM Shall assist Owner in responding to RFI’s

2.1.8 CM shall maintain, monitor, and update the Cost Control System. The monthly Cost Report shall compare the original Project Budget with the current Project cost, identify expenditures to date, state the budget required for completion of each major category of Work, identify actual and anticipated Change Orders, and predict the current estimated total Project cost.

2.1.9 CM shall assist Owner in evaluating Contractor Change Order Requests.

2.1.10 CM shall assist in negotiations with Contractor as requested by Owner. 95 Item 6.
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2.1.11 CM shall assist Owner, in obtaining back-up documentation, shop drawings, and materials submittals from Contractor.

2.1.12 CM shall assist Owner and Contractor on obtaining necessary permits with pertinent regulating bodies.

2.1.13 CM, its officers, agents, employees, subcontractors, and any persons or entities for whom CM is responsible, must provide all Services pursuant to this Agreement in accordance with the requirements of this Agreement and in a manner consistent with the standard of care under California law applicable to those who specialize in providing the same services for projects of the type, scope, and complexity of the Project. Owner’ review, approval of, or payment for any of the Services required under this Agreement must not be construed as assent that CM has complied, nor in any way relieve the CM of compliance, with (i) the applicable standard of care or (ii) applicable statutes, regulations, rules, or this Agreement.

ARTICLE 3 - CM'S SERVICES AND RESPONSIBILITIES - ADDITIONAL SERVICES Unless required to be performed as part of Basic Services, the services described in this Article 3 are Additional Services. These Additional Services shall be paid for by Owner, as provided in this Agreement, in addition to the compensation for Basic Services. CM shall provide Additional Services only when and as authorized in a written Amendment signed by Owner. No Additional Services shall be compensable unless so authorized. additional services shall be compensated hourly as referenced by Appendix A or via lump sum as negotiated between Owner and CM.

3.1 CONSTRUCTION PHASE as needed by client

3.3. POST-CONSTRUCTION as needed by client

3.4 GENERAL as needed by client
ARTICLE 4 - OWNERS RIGHTS AND RESPONSIBILITIES

4.1 ADMINISTRATION

4.1.1 Owner will designate, in writing, an Owner Representative who will act on behalf of Owner with respect to this Agreement. CM shall accept directives only from the designated Owner Representative and not from other Owner employees. Owner may replace the designated Owner Representative at its sole option; if this replacement is made, Owner will notify CM in writing.

4.2 PROVISION OF INFORMATION, SURVEYS, AND REPORTS

4.2.1 Owner will have the right to make changes to the Project Program. When such changes increase the duties of CM beyond those reasonably and customarily provided in Basic Services, CM shall be compensated in accordance with this Agreement.

4.2.2 Owner will have the right to make reasonable changes to its Bidding Documents 96 Item 6.
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and CM shall be bound by such changes. When such changes increase the duties of CM, beyond those reasonably and customarily provided in Basic Services, CM shall be compensated in accordance with this Agreement.

4.2.3 Owner shall furnish information to CM for purposes of updating the Project Schedule as dates and durations applicable to the Project such as funding deadlines, review periods, anticipated periods of Project suspension, and construction deadlines become known.

4.2.4 The services, information, surveys, and reports required by this Article 4 will be furnished at Owner's expense.

4.2.5 Owner will furnish copies of Drawings, Specifications, and other Project-related documents deemed necessary by Owner and CM for the performance of CM's services under this Agreement.

ARTICLE 5 - COMPENSATION
Owner will compensate CM for the scope of services provided, in accordance with this Article 5 and with the other terms and conditions of this Agreement as follows:

5.1 COMPENSATION FOR BASIC SERVICES

5.1.1 The fee for Basic Services shall be computed as follows:

For services rendered in accordance with this Agreement, the basis for compensation shall be a fee not to exceed the amount of sixty-two thousand, eight hundred dollars ($62,800.00), payable monthly, at an hourly rate as documented in the fee schedule (see Exhibit A), after the review and approval by Owner. Any change orders to the prime contract between Contractor and Owner that increases the contract amount shall increase the not to exceed amount equal to 6% of the change order amount.

5.1.2 Owner reserves the right to withhold monies for services not received as part of Basic Services and Supplemental Services unless an Amendment is issued by Owner for extension of services.

5.1.3 Owner understands that the scope of work required of the CM is difficult to define for this project and CM has developed the not to exceed price based on their professional experience and current understanding of the project scope. Should the not to exceed amount be reached prior to project completion, Owner shall authorize additional expenditures in writing should owner elect to continue to retain CM.

5.2 COMPENSATION FOR ADDITIONAL SERVICES

5.2.1 For the Additional Services of CM, as described in Article 3, compensation shall be in accordance with the attached Rate Schedule (Exhibit A).

5.2.2 Owner reserves the right to change time and scope of the Work (Change 97 Item 6.
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Orders). If Owner changes either time or scope, the CM's fees shall be adjusted in accordance with the attached Rate Schedule (Exhibit A).

5.2.3 If the duration of this Agreement exceeds or is extended by 60 calendar days through the fault of Owner, Design Professional, or Contractor and through no fault of CM, compensation for any Basic Services provided during this extended period of the construction phase of the construction contract shall be adjusted to compensate CM for any additional costs reasonably incurred by CM as the result of such delay, provided Owner has approved such adjustments in advance. These extended Basic Services shall be approved, in writing, by Owner and shall not include Basic Services that would have been performed under this Agreement had the initial duration of the Agreement not been substantially exceeded or extended.

5.3 REIMBURSABLE EXPENSES

5.3.1 For Reimbursable Expenses, only actual, reasonable costs will be reimbursed.

Paid invoices or other proof of payment shall be submitted when requesting reimbursement.

5.3.2 Reimbursable Expenses are paid in addition to the compensation for Basic and Additional Services and are actual expenditures made by CM and CM’s consultants in relation to the services provided in this Agreement.

ARTICLE 6 - PAYMENTS

6.1 PAYMENTS FOR BASIC SERVICES

6.1.1 Payments for Basic Services, as defined in Article 2, shall be made as stipulated in subparagraph 5.1.1.

6.2 PAYMENTS FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES

6.2.1 Payments for CM's Additional Services, as defined in Article 3, and for Reimbursable Expenses, as defined in paragraph 5.3, shall be made monthly after presentation of CM's statement of services rendered, or expenses incurred, with invoices, receipts and other justification thereof.

6.3 PROJECT SUSPENSION

6.3.1 If the Project is suspended or abandoned for more than 3 consecutive months, and such suspension was not scheduled at the beginning of the Project, as provided under subparagraph 4.2.4, CM shall be compensated for all authorized services performed prior to the receipt of written notice from Owner of such suspension or abandonment, together with Reimbursable Expenses then due. If the Project is resumed after being suspended for more than 3 consecutive months, CM's compensation shall be adjusted to compensate CM for any additional costs reasonably incurred as the result of the suspension.

6.4 INSURANCE
CM shall maintain the required insurance for its operations, including general liability 98 Item 6.
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insurance in an amount of at least $1,000,000 and professional liability insurance in an amount of at least $1,000,000, as well as workers’ compensation insurance as required by law, with an insurance company or companies that are rated “A-VII” or higher by A. M.

Best’s key rating guide, and are authorized to do business in the State of California. CM shall provide Owner with certificates of insurance and signed insurance policy endorsements, on forms acceptable to Owner, as evidence that the required insurance is in full force and effect. Each certificate of insurance and signed insurance policy endorsement must specifically provide verification that Owner and its directors, agents, officers, and employees have been added as additional insureds on the insurance policy being referenced. CM and any insurance company providing the insurance required by this section must waive any right of recovery or subrogation it may have against Owner.

ARTICLE 7 - CM'S RECORDS AND FILES
CM shall make files available for inspection and copying by Owner upon reasonable notice.

Owner or Owner's authorized representative shall have access to the CM's premises and records for inspection and auditing during normal business hours, shall be allowed to interview CM employees pursuant to the provisions of this Article, and be provided adequate and appropriate workspace in order to conduct audits in compliance with this Article. The provisions of this Article shall also apply to parent, affiliate, and subsidiary companies as necessary to verify costs associated with this Agreement.

ARTICLE 8 - OWNERSHIP AND USE OF DOCUMENTS, MATERIALS AND

SYSTEMS

8.1 OWNERSHIP
All systems, materials and documents developed for and with Owner resources shall become the property of Owner, whether or not the Project for which they are developed is executed.

Upon completion or termination of CM’s Basic Services and Additional Services under this Agreement, CM shall promptly provide to Owner all files related in any way to the Project, including but not limited to all documents, correspondence (including internal and external correspondence), systems and materials, both electronic and hard copy format, excluding CM’s internal accounting books and records addressed in Article 7. CM shall be permitted to retain copies for information and reference at CM’s expense.

8.2 INDEMNIFICATION
Owner will not defend, indemnify or save harmless CM, its officers, agents, or employees from any costs or claims asserted or imposed by any person or entity claiming that Owner's or CM’s use of systems, materials or documents is contrary to or in violation of any copyright, patent, trade secret, trade name, trademark, or any proprietary, contractual or legal right pertaining to their use.

ARTICLE 9 - DISPUTES

9.1 NEGOTIATION
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9.1.1 The parties will attempt in good faith to resolve any controversy or Claim arising out of or relating to this Agreement by negotiation.

9.2 MEDIATION

9.2.1 Within 60 days, but not earlier than 30 days following the earlier of (1) receipt of notice by the other party from the American Arbitration Association (AAA) of the disputing party's demand for arbitration or (2) receipt by the other party of the disputing party's notice of election to litigate, the parties may submit the matter to non-binding mediation administered by the AAA under its construction industry mediation rules.

9.3 ARBITRATION OR LITIGATION

9.3.1 Disputes arising from this Agreement between CM and Owner which cannot be settled through negotiation or mediation shall be subject to arbitration or litigation as follows:
.1 ARBITRATION WITH CONTRACTOR
If any claim arises under the Construction Contract Documents for the Project and is submitted to arbitration, and either Contractor or Owner claims that the acts or omissions of CM are involved, in whole or in part, any claim by Owner against CM arising out of or in connection therewith may be asserted, at the option of Owner, against CM in the same arbitration proceeding which shall be conducted under the procedures specified in the General Conditions of the construction contract. .2 LITIGATION WITH CONTRACTOR
If any claim arises under the Construction Contract Documents for the Project and is submitted to litigation, and either Contractor or Owner claims that the acts or omissions of CM are involved, in whole or in part, any claim by Owner against CM arising out of or in connection therewith may be asserted, at the option of Owner, against CM in the same litigation.

ARTICLE 10 - EXTENT OF AGREEMENT

10.1 AUTHORITY OF AGREEMENT

10.1.1 This Agreement represents the entire and integrated agreement between Owner and CM and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both Owner and CM.

10.2 EXHIBITS

10.2.1 This Agreement includes the following exhibits attached hereto:

Exhibit A: Rate Schedule

10.3 THIRD-PARTY BENEFICIARIES
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Nothing contained in this Agreement is intended to make the Contractor or any Subcontractor (regardless of tier), any employee or agent of the Contractor or any Subcontractor, or any person, including Design Professional or any consultant of Design Professional (regardless of tier), a third-party beneficiary of any obligations between Owner and CM.

10.3.1 It is agreed that the relationship of CM to Owner is that of an independent contractor, that CM shall provide all Services under this Agreement as an independent contractor, and that CM shall not have the authority to bind or make any commitment on behalf of Owner. Nothing herein shall be construed to create a joint venture, partnership, employer-employee, association, or principal-agent relationship between CM and Owner.

As there is no agency relationship with Owner, CM and its employees are not employees of Owner and therefore not eligible for unemployment insurance, disability insurance, workers’ compensation, employee benefits, and/or other stipulations of Owner’ personnel policy.

10.3.2 This Agreement has been executed and delivered in the State of California and the venue will be the Plumas County and the validity, enforceability and interpretation of any of the clauses of this Agreement will be determined and governed by the laws of the State of California.

ARTICLE 11 - NOTICES

11.1 OWNER AND CM
All notices or other documents required or permitted to be given hereunder shall be personally delivered, sent by private overnight courier, or sent by certified mail, postage prepaid, return receipt requested, addressed to the parties at the address for that party on the signature page of this Agreement.

Notices sent by certified mail shall be deemed received the third business day after posting in the US Mail, and notices sent by private overnight courier shall be deemed received the first business day after delivering the same to the private overnight courier during regular business hours.

ARTICLE 12 - SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon Owner and CM and their respective successors and assigns. Neither the performance of this Agreement nor any part thereof, nor any monies due or to become due hereunder, may be assigned by CM without the prior written consent and approval of Owner.

12.1 CM'S DEATH OR INCAPACITATION

12.1.1 If CM transacts business as an individual, upon CM's death or incapacitation, Owner may, at its option, terminate this Agreement as of the date of such event. If so terminated, neither CM nor CM's estate shall have any further right to perform hereunder, and Owner shall pay CM or the estate the compensation payable under Article 5 for any 101
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services rendered prior to this termination not theretofore paid. This compensation shall be reduced by the amount of additional costs that will be incurred by Owner by reason of this termination.

12.1.2 If CM transacts business as a corporation, partnership, sole proprietorship or other entity with more than one officer, employee, or representative accepted by the Owner as the CM, and any one of them dies or becomes incapacitated, and the others continue to render the services covered herein, Owner may choose to continue services with CM and make payments to CM as though there had been no such death or incapacitation; Owner will not be obliged to take any account of the person who died or became incapacitated, or to make any payment to this person or this person's estate. These provisions shall apply in the event of progressive or simultaneous occasions of death or incapacitation among any group of persons retained or employed by CM herein. If death or incapacitation befalls the last member of this group before the services under this Agreement are fully performed, then the rights set forth under subparagraph 15.1.1 shall apply.

ARTICLE 13 - TERMINATION OF AGREEMENT

13.1 OWNER-INITIATED TERMINATION

13.1.1 If Owner determines that CM has failed to perform in accordance with the terms and conditions of this Agreement, Owner may terminate all or part of the Agreement for cause. This termination shall be effective if CM does not cure its failure to perform within 10 days (or more, if authorized in writing by Owner) after receipt of a notice of intention to terminate from Owner specifying the failure in performance. If a termination for cause does occur, Owner will have the right to withhold monies otherwise payable to CM until the Project is completed. If Owner incurs additional costs, expenses, or other damages due to the failure of CM to properly perform pursuant to the Agreement, these costs, expenses, or other damages shall be deducted from the amounts withheld. Should the amounts withheld exceed the amounts deducted, the balance will be paid to CM upon completion of the Project. If the costs, expenses, or other damages incurred by Owner exceeds the amount withheld, CM shall be liable to Owner for the difference.

13.1.2 Owner may terminate this Agreement for convenience at any time upon written notice to CM, in which case Owner will pay CM in full for all services performed in compliance with and all expenses incurred under this Agreement up to and including the effective date of termination. In ascertaining the services actually rendered to the date of termination, consideration will be given to both completed Work and Work in progress, whether delivered to Owner or in the possession of CM, and to authorized Reimbursable Expenses. No other compensation or lost profit will be payable for such termination.

13.2 CM-INITIATED TERMINATION

13.2.1 CM may terminate this Agreement for convenience at any time upon thirty (30) days’ written notice to Owner, in which case Owner will pay CM in full for all services performed and all expenses incurred under this Agreement up to and including the effective date of termination, minus all costs incurred by Owner in identifying, contracting with, and bringing up to date a new construction manager to manage the Work. In ascertaining the services actually rendered to the date of termination, consideration will be given to both 102
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completed Work and Work in progress, whether delivered to Owner or in the possession of CM, and to authorized Reimbursable Expenses. No other compensation or lost profit will be payable for such termination.

13.3 DOCUMENTS AND MATERIALS

13.3.1 In the event of Agreement termination by either party for any reason, Owner reserves the right to receive, and CM shall promptly provide to Owner, all documents and materials prepared by CM for the Project. In the event of termination, any dispute regarding the amount to be paid under Article 6 shall not derogate from the right of Owner to receive and use such documents or materials.

14. INDEMNIFICATION

14.1 CM shall indemnify, protect, defend and hold free and harmless Owner and its board members ,agents, representatives, officers, employees, and volunteers (the “Indemnified Parties”) from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, delays, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney’s and consultants’ fees and causes of action, including personal injury and/or death (“Claim(s)”), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence (active or passive, ordinary or gross), recklessness (ordinary or gross), errors or omissions, or willful misconduct of CM, its directors, officials, officers, employees, contractors, subcontractors, or agents directly or indirectly arising out of, connected with, or resulting from the performance of the Services or this Agreement. This indemnity excludes CM’s liability as to the active or sole negligence or willful misconduct of Owner. 103
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IN WITNESS WHEREOF, THE CITY OF OROVILLE (OWNER) and TROVER CONSTRUCTION PROJECT MANAGEMENT LLC (CM) have executed this Agreement as of the date first written above (see Cover Page).

CONSTRUCTION MANAGER FIRM NAME: Trover Construction Project Management LLC By: Name: Nick Trover Title: Owner
(Signature) (Date)
CONSTRUCTION MANAGER ADDRESS: 974 Forest Ave Chico, CA 95928 CITY OF OROVILLE REPRESENTATIVE:

By: Name: Title:
(Signature) (Date)
CITY OF OROVILLE ADDRESS: 1735 Montgomery Street Oroville, CA 95965 104
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EXHIBIT A
Discipline Hourly Rate
Project Management Services
Project Manager $165.00
Assistant Project Manager $145.00
Project Engineer / Coordinator $120.00

TROVER CONSTRUCTION PROJECT MANAGEMENT FEE SCHEDULE
*VEHICULAR REIMBURSMENT $0.60 PER MILE
**MISC. EXPENSES CHARGED AT ACTUAL COST PLUS 10%
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CITY OF OROVILLE

SANK PARK FENCE REPLACEMENT

CONSTRUCTION MANAGEMENT AGREEMENT

TABLE OF CONTENTS
ARTICLE 1 - GENERAL PROVISIONS

1.1 GENERAL REQUIREMENTS

1.2 CONSTRUCTION MANAGER STANDARD OF CARE

1.3 DEFINITIONS
ARTICLE 2 - CM'S SERVICES AND RESPONSIBILITIES - BASIC SERVICES

2.1 PRECONSTRUCTION

2.2 CONSTRUCTION PHASE
ARTICLE 3 - CM'S SERVICES AND RESPONSIBILITIES - ADDITIONAL SERVICES

3.1 PRE-CONSTRUCTION PHASES

3.2 CONSTRUCTION PHASE

3.3 POST-CONSTRUCTION

3.4 GENERAL
ARTICLE 4 – CITY OF OROVILLE RIGHTS AND RESPONSIBILITIES

4.1 ADMINISTRATION

4.2 PROVISION OF INFORMATION, SURVEYS, AND REPORTS
ARTICLE 5 - COMPENSATION

5.1 COMPENSATION FOR BASIC SERVICES

5.2 COMPENSATION FOR ADDITIONAL SERVICES

5.3 REIMBURSABLE EXPENSES
ARTICLE 6 - PAYMENTS

6.1 PAYMENTS FOR BASIC SERVICES

6.2 PAYMENTS FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES

6.3 PROJECT SUSPENSION

6.4 INSURANCE
ARTICLE 7 - CM'S RECORDS AND FILES
ARTICLE 8 - OWNERSHIP AND USE OF DOCUMENTS, MATERIALS AND SYSTEMS

8.1 OWNERSHIP

8.2 INDEMNIFICATION
ARTICLE 9 - DISPUTES

9.1 NEGOTIATION

9.2 MEDIATION

9.3 ARBITRATION OR LITIGATION
ARTICLE 10 - EXTENT OF AGREEMENT

10.1 AUTHORITY OF AGREEMENT

10.2 EXHIBITS

10.3 THIRD-PARTY BENEFICIARIES
ARTICLE 11 - NOTICES

11.1 CITY OF OROVILLE AND CM
ARTICLE 12 – SUCCESSORS AND ASSIGNS

12.1 CM’S DEATH OR INCAPACITATION
ARTICLE 13 - TERMINATION OF AGREEMENT

13.1 CITY OF OROVILLE-INITIATED TERMINATION

13.2 CM-INITIATED TERMINATION

13.3 DOCUMENTS AND MATERIALS
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CONSTRUCTION MANAGEMENT AGREEMENT
between

CITY OF OROVILLE
and

TROVER CONSTRUCTION PROJECT MANAGEMENT LLC (CM)
This AGREEMENT is made on the day of in the year
between CITY OF OROVILLE, hereinafter
called “Owner”, and Trover Construction Project Management LLC, hereinafter called “CM” or “TCPM”, for the following Project:

Sank Park Fence Project
PROJECT DESCRIPTION:

Project encompasses demoing, existing fencing, installing new fencing and flatwork repairs. Project is located at 1067 Montgomery St Oroville CA, 95965.

ARTICLE 1 - GENERAL PROVISIONS

1.1 GENERAL REQUIREMENTS

1.1.1 This Agreement shall be governed by the laws of the State of California.

1.1.2 In the event of a conflict between the provisions of any exhibit to this Agreement and the Agreement, the provisions of this Agreement shall govern.

1.1.3 Owner’s exercise of any of its rights or remedies prescribed in this Agreement shall not relieve CM from responsibility for damages or other losses incurred or to be incurred by Owner as a result of CM's breach of its obligations under this Agreement.

1.1.4 Time is of the essence for this Agreement.

1.1.5 CM shall cooperate with Owner, its designees, and Contractor in furthering the interests of Owner.

1.1.6 CM will comply with all background check requirements of the Owner, and will comply with all COVID-related requirements including vaccination and face covering requirements.

1.2 CONSTRUCTION MANAGER STANDARD OF CARE

1.2.1 CM, its officers, agents, employees, subcontractors, consultants and any persons or entities for whom CM is responsible, shall provide all services pursuant to this 107
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Agreement in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope, and complexity of the Project (including its contracting mode), and shall possess all required licenses and permits to perform the Work.

1.3 DEFINITIONS

1.3.1 As-builts (As-built Drawings and Specifications). The term "As-builts" shall mean the record copy of the Contract Documents prepared by the Construction Contractor to record as-built conditions, current changes, and selections made during construction.

1.3.2 Construction Budget. The term "Construction Budget" shall mean the CITY OF OROVILLE's written statement of funds available to pay for the cost of construction.

1.3.3 Construction Documents. The term "Construction Documents" shall mean the drawings and specifications, prepared by the Design Professional, setting forth in detail the requirements for the construction of the Project.

1.3.4 Contract Documents. The term "Contract Documents" shall mean the Advertisement for Bids, Instruction to Bidders, Supplementary Instructions to Bidders, Bid Form, Agreement, General Conditions, Supplementary Conditions, Affirmative Action Program, Exhibits to the Construction Documents, Specifications, List of Drawings, Drawings, Addenda, Notice to Proceed, Change Orders, Notice of Completion and all other items identified in the Construction Contract Agreement.

1.3.5 Contractor. The term “Contractor” shall mean the entity or, in the case of a design build contract, a contractor and design professional team with whom Owner has contracted to construct the Work associated with this Project.

1.3.6 Coordination. The term "Coordination" shall mean that the documents shall be consistent and in conformance each part with all other parts.

1.3.7 Project. The term "Project" shall mean the project described on page 1 of this Agreement.

1.3.8 CM. The term "CM" shall mean the specific Owner-approved CM individual named in this Agreement who is assigned to the Project, and is CM's designated principal or staff member, as the designated person in charge of providing all services required by this Agreement.

1.3.9 Project Program. The term "Project Program" is a written statement of Owner's design objectives, constraints, and criteria, including space requirements and relationships, flexibility and expendability, special equipment and systems, and Project site requirements.

1.3.10 Project Schedule. The term "Project Schedule" shall mean the schedule prepared by CM for Owner showing Project milestones, funding, design, design review, construction, and other deadlines applicable to the Project.

1.3.11 Record Documents. The term "Record Documents" shall mean the Design Professional's record drawings and final specifications made from the As-built documents received from the Contractor.
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1.3.12 Bidding Documents. The term "Bidding Documents" shall mean those documents prepared and furnished by Owner for the purpose of obtaining bids from contractors to construct the Project, including without limitation, the General Conditions and General Requirements which are hereby incorporated by reference.

1.3.13 Work. The term “Work” shall mean all construction, services, and other requirements of the Contract Documents, or as modified by Change Order, whether completed or partially completed, and includes all labor, materials, equipment, tools, and services provided or to be provided by Contractor to fulfill Contractor's obligations, The Work may constitute the whole or a part of the Project.

ARTICLE 2 - CM'S SERVICES AND RESPONSIBILITIES - BASIC SERVICES Basic Services to be provided by CM consist of the services described in this Article 2.

2.1 CONSTRUCTION PHASE

2.1.1 CM shall assist Owner and Contractor as requested in the preparation of the pre- construction meetings

2.1.2 CM shall assist Owner and Contractor in monitoring written communications between Contractor, Owner's Administrator and Contractor(s).

2.1.3 CM shall assist Owner, in the resolution of disputes between Owner and the Contractor.

2.1.4 CM shall maintain a regular presence on site as necessary to facilitate coordination, resolve construction related issues, and provide regular written updates to Owner.

2.1.5 CM shall monitor construction activities and provide regular reporting of progress, issues, and changes to schedule, scope, and budget.

2.1.6 CM shall assist and process monthly contractor and subconsultant pay applications for Owner.

2.1.7 CM Shall assist Owner in responding to RFI’s

2.1.8 CM shall maintain, monitor, and update the Cost Control System. The monthly Cost Report shall compare the original Project Budget with the current Project cost, identify expenditures to date, state the budget required for completion of each major category of Work, identify actual and anticipated Change Orders, and predict the current estimated total Project cost.

2.1.9 CM shall assist Owner in evaluating Contractor Change Order Requests.

2.1.10 CM shall assist in negotiations with Contractor as requested by Owner. 109
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2.1.11 CM shall assist Owner, in obtaining back-up documentation, shop drawings, and materials submittals from Contractor.

2.1.12 CM shall assist Owner and Contractor on obtaining necessary permits with pertinent regulating bodies.

2.1.13 CM, its officers, agents, employees, subcontractors, and any persons or entities for whom CM is responsible, must provide all Services pursuant to this Agreement in accordance with the requirements of this Agreement and in a manner consistent with the standard of care under California law applicable to those who specialize in providing the same services for projects of the type, scope, and complexity of the Project. Owner’ review, approval of, or payment for any of the Services required under this Agreement must not be construed as assent that CM has complied, nor in any way relieve the CM of compliance, with (i) the applicable standard of care or (ii) applicable statutes, regulations, rules, or this Agreement.

ARTICLE 3 - CM'S SERVICES AND RESPONSIBILITIES - ADDITIONAL SERVICES Unless required to be performed as part of Basic Services, the services described in this Article 3 are Additional Services. These Additional Services shall be paid for by Owner, as provided in this Agreement, in addition to the compensation for Basic Services. CM shall provide Additional Services only when and as authorized in a written Amendment signed by Owner. No Additional Services shall be compensable unless so authorized. additional services shall be compensated hourly as referenced by Appendix A or via lump sum as negotiated between Owner and CM.

3.1 CONSTRUCTION PHASE as needed by client

3.3. POST-CONSTRUCTION as needed by client

3.4 GENERAL as needed by client
ARTICLE 4 - OWNERS RIGHTS AND RESPONSIBILITIES

4.1 ADMINISTRATION

4.1.1 Owner will designate, in writing, an Owner Representative who will act on behalf of Owner with respect to this Agreement. CM shall accept directives only from the designated Owner Representative and not from other Owner employees. Owner may replace the designated Owner Representative at its sole option; if this replacement is made, Owner will notify CM in writing.

4.2 PROVISION OF INFORMATION, SURVEYS, AND REPORTS

4.2.1 Owner will have the right to make changes to the Project Program. When such changes increase the duties of CM beyond those reasonably and customarily provided in Basic Services, CM shall be compensated in accordance with this Agreement.

4.2.2 Owner will have the right to make reasonable changes to its Bidding Documents and CM shall be bound by such changes. When such changes increase the duties of CM, 110
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beyond those reasonably and customarily provided in Basic Services, CM shall be compensated in accordance with this Agreement.

4.2.3 Owner shall furnish information to CM for purposes of updating the Project Schedule as dates and durations applicable to the Project such as funding deadlines, review periods, anticipated periods of Project suspension, and construction deadlines become known.

4.2.4 The services, information, surveys, and reports required by this Article 4 will be furnished at Owner's expense.

4.2.5 Owner will furnish copies of Drawings, Specifications, and other Project-related documents deemed necessary by Owner and CM for the performance of CM's services under this Agreement.

ARTICLE 5 - COMPENSATION
Owner will compensate CM for the scope of services provided, in accordance with this Article 5 and with the other terms and conditions of this Agreement as follows:

5.1 COMPENSATION FOR BASIC SERVICES

5.1.1 The fee for Basic Services shall be computed as follows:

For services rendered in accordance with this Agreement, the basis for compensation shall be a fee not to exceed the amount of twenty-nine thousand, seven hundred dollars ($29,700.00), payable monthly, at an hourly rate as documented in the fee schedule (see Exhibit A), after the review and approval by Owner. Any change orders to the prime contract between Contractor and Owner that increases the contract amount shall increase the not to exceed amount equal to 6% of the change order amount.

5.1.2 Owner reserves the right to withhold monies for services not received as part of Basic Services and Supplemental Services unless an Amendment is issued by Owner for extension of services.

5.1.3 Owner understands that the scope of work required of the CM is difficult to define for this project and CM has developed the not to exceed price based on their professional experience and current understanding of the project scope. Should the not to exceed amount be reached prior to project completion, Owner shall authorize additional expenditures in writing should owner elect to continue to retain CM.

5.2 COMPENSATION FOR ADDITIONAL SERVICES

5.2.1 For the Additional Services of CM, as described in Article 3, compensation shall be in accordance with the attached Rate Schedule (Exhibit A).

5.2.2 Owner reserves the right to change time and scope of the Work (Change Orders). If Owner changes either time or scope, the CM's fees shall be adjusted in 111
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accordance with the attached Rate Schedule (Exhibit A).

5.2.3 If the duration of this Agreement exceeds or is extended by 60 calendar days through the fault of Owner, Design Professional, or Contractor and through no fault of CM, compensation for any Basic Services provided during this extended period of the construction phase of the construction contract shall be adjusted to compensate CM for any additional costs reasonably incurred by CM as the result of such delay, provided Owner has approved such adjustments in advance. These extended Basic Services shall be approved, in writing, by Owner and shall not include Basic Services that would have been performed under this Agreement had the initial duration of the Agreement not been substantially exceeded or extended.

5.3 REIMBURSABLE EXPENSES

5.3.1 For Reimbursable Expenses, only actual, reasonable costs will be reimbursed.

Paid invoices or other proof of payment shall be submitted when requesting reimbursement.

5.3.2 Reimbursable Expenses are paid in addition to the compensation for Basic and Additional Services and are actual expenditures made by CM and CM’s consultants in relation to the services provided in this Agreement.

ARTICLE 6 - PAYMENTS

6.1 PAYMENTS FOR BASIC SERVICES

6.1.1 Payments for Basic Services, as defined in Article 2, shall be made as stipulated in subparagraph 5.1.1.

6.2 PAYMENTS FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES

6.2.1 Payments for CM's Additional Services, as defined in Article 3, and for Reimbursable Expenses, as defined in paragraph 5.3, shall be made monthly after presentation of CM's statement of services rendered, or expenses incurred, with invoices, receipts and other justification thereof.

6.3 PROJECT SUSPENSION

6.3.1 If the Project is suspended or abandoned for more than 3 consecutive months, and such suspension was not scheduled at the beginning of the Project, as provided under subparagraph 4.2.4, CM shall be compensated for all authorized services performed prior to the receipt of written notice from Owner of such suspension or abandonment, together with Reimbursable Expenses then due. If the Project is resumed after being suspended for more than 3 consecutive months, CM's compensation shall be adjusted to compensate CM for any additional costs reasonably incurred as the result of the suspension.

6.4 INSURANCE
CM shall maintain the required insurance for its operations, including general liability insurance in an amount of at least $1,000,000 and professional liability insurance in an 112
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amount of at least $1,000,000, as well as workers’ compensation insurance as required by law, with an insurance company or companies that are rated “A-VII” or higher by A. M.

Best’s key rating guide, and are authorized to do business in the State of California. CM shall provide Owner with certificates of insurance and signed insurance policy endorsements, on forms acceptable to Owner, as evidence that the required insurance is in full force and effect. Each certificate of insurance and signed insurance policy endorsement must specifically provide verification that Owner and its directors, agents, officers, and employees have been added as additional insureds on the insurance policy being referenced. CM and any insurance company providing the insurance required by this section must waive any right of recovery or subrogation it may have against Owner.

ARTICLE 7 - CM'S RECORDS AND FILES
CM shall make files available for inspection and copying by Owner upon reasonable notice.

Owner or Owner's authorized representative shall have access to the CM's premises and records for inspection and auditing during normal business hours, shall be allowed to interview CM employees pursuant to the provisions of this Article, and be provided adequate and appropriate workspace in order to conduct audits in compliance with this Article. The provisions of this Article shall also apply to parent, affiliate, and subsidiary companies as necessary to verify costs associated with this Agreement.

ARTICLE 8 - OWNERSHIP AND USE OF DOCUMENTS, MATERIALS AND

SYSTEMS

8.1 OWNERSHIP
All systems, materials and documents developed for and with Owner resources shall become the property of Owner, whether or not the Project for which they are developed is executed.

Upon completion or termination of CM’s Basic Services and Additional Services under this Agreement, CM shall promptly provide to Owner all files related in any way to the Project, including but not limited to all documents, correspondence (including internal and external correspondence), systems and materials, both electronic and hard copy format, excluding CM’s internal accounting books and records addressed in Article 7. CM shall be permitted to retain copies for information and reference at CM’s expense.

8.2 INDEMNIFICATION
Owner will not defend, indemnify or save harmless CM, its officers, agents, or employees from any costs or claims asserted or imposed by any person or entity claiming that Owner's or CM’s use of systems, materials or documents is contrary to or in violation of any copyright, patent, trade secret, trade name, trademark, or any proprietary, contractual or legal right pertaining to their use.

ARTICLE 9 - DISPUTES

9.1 NEGOTIATION

9.1.1 The parties will attempt in good faith to resolve any controversy or Claim arising 113
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out of or relating to this Agreement by negotiation.

9.2 MEDIATION

9.2.1 Within 60 days, but not earlier than 30 days following the earlier of (1) receipt of notice by the other party from the American Arbitration Association (AAA) of the disputing party's demand for arbitration or (2) receipt by the other party of the disputing party's notice of election to litigate, the parties may submit the matter to non-binding mediation administered by the AAA under its construction industry mediation rules.

9.3 ARBITRATION OR LITIGATION

9.3.1 Disputes arising from this Agreement between CM and Owner which cannot be settled through negotiation or mediation shall be subject to arbitration or litigation as follows:
.1 ARBITRATION WITH CONTRACTOR
If any claim arises under the Construction Contract Documents for the Project and is submitted to arbitration, and either Contractor or Owner claims that the acts or omissions of CM are involved, in whole or in part, any claim by Owner against CM arising out of or in connection therewith may be asserted, at the option of Owner, against CM in the same arbitration proceeding which shall be conducted under the procedures specified in the General Conditions of the construction contract. .2 LITIGATION WITH CONTRACTOR
If any claim arises under the Construction Contract Documents for the Project and is submitted to litigation, and either Contractor or Owner claims that the acts or omissions of CM are involved, in whole or in part, any claim by Owner against CM arising out of or in connection therewith may be asserted, at the option of Owner, against CM in the same litigation.

ARTICLE 10 - EXTENT OF AGREEMENT

10.1 AUTHORITY OF AGREEMENT

10.1.1 This Agreement represents the entire and integrated agreement between Owner and CM and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both Owner and CM.

10.2 EXHIBITS

10.2.1 This Agreement includes the following exhibits attached hereto:

Exhibit A: Rate Schedule

10.3 THIRD-PARTY BENEFICIARIES
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Nothing contained in this Agreement is intended to make the Contractor or any Subcontractor (regardless of tier), any employee or agent of the Contractor or any Subcontractor, or any person, including Design Professional or any consultant of Design Professional (regardless of tier), a third-party beneficiary of any obligations between Owner and CM.

10.3.1 It is agreed that the relationship of CM to Owner is that of an independent contractor, that CM shall provide all Services under this Agreement as an independent contractor, and that CM shall not have the authority to bind or make any commitment on behalf of Owner. Nothing herein shall be construed to create a joint venture, partnership, employer-employee, association, or principal-agent relationship between CM and Owner.

As there is no agency relationship with Owner, CM and its employees are not employees of Owner and therefore not eligible for unemployment insurance, disability insurance, workers’ compensation, employee benefits, and/or other stipulations of Owner’ personnel policy.

10.3.2 This Agreement has been executed and delivered in the State of California and the venue will be the Plumas County and the validity, enforceability and interpretation of any of the clauses of this Agreement will be determined and governed by the laws of the State of California.

ARTICLE 11 - NOTICES

11.1 OWNER AND CM
All notices or other documents required or permitted to be given hereunder shall be personally delivered, sent by private overnight courier, or sent by certified mail, postage prepaid, return receipt requested, addressed to the parties at the address for that party on the signature page of this Agreement.

Notices sent by certified mail shall be deemed received the third business day after posting in the US Mail, and notices sent by private overnight courier shall be deemed received the first business day after delivering the same to the private overnight courier during regular business hours.

ARTICLE 12 - SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon Owner and CM and their respective successors and assigns. Neither the performance of this Agreement nor any part thereof, nor any monies due or to become due hereunder, may be assigned by CM without the prior written consent and approval of Owner.

12.1 CM'S DEATH OR INCAPACITATION

12.1.1 If CM transacts business as an individual, upon CM's death or incapacitation, Owner may, at its option, terminate this Agreement as of the date of such event. If so terminated, neither CM nor CM's estate shall have any further right to perform hereunder, and Owner shall pay CM or the estate the compensation payable under Article 5 for any services rendered prior to this termination not theretofore paid. This compensation shall be 115
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reduced by the amount of additional costs that will be incurred by Owner by reason of this termination.

12.1.2 If CM transacts business as a corporation, partnership, sole proprietorship or other entity with more than one officer, employee, or representative accepted by the Owner as the CM, and any one of them dies or becomes incapacitated, and the others continue to render the services covered herein, Owner may choose to continue services with CM and make payments to CM as though there had been no such death or incapacitation; Owner will not be obliged to take any account of the person who died or became incapacitated, or to make any payment to this person or this person's estate. These provisions shall apply in the event of progressive or simultaneous occasions of death or incapacitation among any group of persons retained or employed by CM herein. If death or incapacitation befalls the last member of this group before the services under this Agreement are fully performed, then the rights set forth under subparagraph 15.1.1 shall apply.

ARTICLE 13 - TERMINATION OF AGREEMENT

13.1 OWNER-INITIATED TERMINATION

13.1.1 If Owner determines that CM has failed to perform in accordance with the terms and conditions of this Agreement, Owner may terminate all or part of the Agreement for cause. This termination shall be effective if CM does not cure its failure to perform within 10 days (or more, if authorized in writing by Owner) after receipt of a notice of intention to terminate from Owner specifying the failure in performance. If a termination for cause does occur, Owner will have the right to withhold monies otherwise payable to CM until the Project is completed. If Owner incurs additional costs, expenses, or other damages due to the failure of CM to properly perform pursuant to the Agreement, these costs, expenses, or other damages shall be deducted from the amounts withheld. Should the amounts withheld exceed the amounts deducted, the balance will be paid to CM upon completion of the Project. If the costs, expenses, or other damages incurred by Owner exceeds the amount withheld, CM shall be liable to Owner for the difference.

13.1.2 Owner may terminate this Agreement for convenience at any time upon written notice to CM, in which case Owner will pay CM in full for all services performed in compliance with and all expenses incurred under this Agreement up to and including the effective date of termination. In ascertaining the services actually rendered to the date of termination, consideration will be given to both completed Work and Work in progress, whether delivered to Owner or in the possession of CM, and to authorized Reimbursable Expenses. No other compensation or lost profit will be payable for such termination.

13.2 CM-INITIATED TERMINATION

13.2.1 CM may terminate this Agreement for convenience at any time upon thirty (30) days’ written notice to Owner, in which case Owner will pay CM in full for all services performed and all expenses incurred under this Agreement up to and including the effective date of termination, minus all costs incurred by Owner in identifying, contracting with, and bringing up to date a new construction manager to manage the Work. In ascertaining the services actually rendered to the date of termination, consideration will be given to both completed Work and Work in progress, whether delivered to Owner or in the possession 116
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of CM, and to authorized Reimbursable Expenses. No other compensation or lost profit will be payable for such termination.

13.3 DOCUMENTS AND MATERIALS

13.3.1 In the event of Agreement termination by either party for any reason, Owner reserves the right to receive, and CM shall promptly provide to Owner, all documents and materials prepared by CM for the Project. In the event of termination, any dispute regarding the amount to be paid under Article 6 shall not derogate from the right of Owner to receive and use such documents or materials.

14. INDEMNIFICATION

14.1 CM shall indemnify, protect, defend and hold free and harmless Owner and its board members ,agents, representatives, officers, employees, and volunteers (the “Indemnified Parties”) from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, delays, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney’s and consultants’ fees and causes of action, including personal injury and/or death (“Claim(s)”), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence (active or passive, ordinary or gross), recklessness (ordinary or gross), errors or omissions, or willful misconduct of CM, its directors, officials, officers, employees, contractors, subcontractors, or agents directly or indirectly arising out of, connected with, or resulting from the performance of the Services or this Agreement. This indemnity excludes CM’s liability as to the active or sole negligence or willful misconduct of Owner. 117
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IN WITNESS WHEREOF, THE CITY OF OROVILLE (OWNER) and TROVER CONSTRUCTION PROJECT MANAGEMENT LLC (CM) have executed this Agreement as of the date first written above (see Cover Page).

CONSTRUCTION MANAGER FIRM NAME: Trover Construction Project Management LLC By: Name: Nick Trover Title: Owner
(Signature) (Date)
CONSTRUCTION MANAGER ADDRESS: 974 Forest Ave Chico, CA 95928 CITY OF OROVILLE REPRESENTATIVE:

By: Name: Title:
(Signature) (Date)
CITY OF OROVILLE ADDRESS: 1735 Montgomery Street Oroville, CA 95965 118
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EXHIBIT A
Discipline Hourly Rate
Project Management Services
Project Manager $165.00
Assistant Project Manager $145.00
Project Engineer / Coordinator $120.00

TROVER CONSTRUCTION PROJECT MANAGEMENT FEE SCHEDULE
*VEHICULAR REIMBURSMENT $0.60 PER MILE
**MISC. EXPENSES CHARGED AT ACTUAL COST PLUS 10%
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CITY OF OROVILLE

KAYAK KIOSK PROJECT

CONSTRUCTION MANAGEMENT AGREEMENT

TABLE OF CONTENTS
ARTICLE 1 - GENERAL PROVISIONS

1.1 GENERAL REQUIREMENTS

1.2 CONSTRUCTION MANAGER STANDARD OF CARE

1.3 DEFINITIONS
ARTICLE 2 - CM'S SERVICES AND RESPONSIBILITIES - BASIC SERVICES

2.1 PRECONSTRUCTION

2.2 CONSTRUCTION PHASE
ARTICLE 3 - CM'S SERVICES AND RESPONSIBILITIES - ADDITIONAL SERVICES

3.1 PRE-CONSTRUCTION PHASES

3.2 CONSTRUCTION PHASE

3.3 POST-CONSTRUCTION

3.4 GENERAL
ARTICLE 4 – CITY OF OROVILLE RIGHTS AND RESPONSIBILITIES

4.1 ADMINISTRATION

4.2 PROVISION OF INFORMATION, SURVEYS, AND REPORTS
ARTICLE 5 - COMPENSATION

5.1 COMPENSATION FOR BASIC SERVICES

5.2 COMPENSATION FOR ADDITIONAL SERVICES

5.3 REIMBURSABLE EXPENSES
ARTICLE 6 - PAYMENTS

6.1 PAYMENTS FOR BASIC SERVICES

6.2 PAYMENTS FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES

6.3 PROJECT SUSPENSION

6.4 INSURANCE
ARTICLE 7 - CM'S RECORDS AND FILES
ARTICLE 8 - OWNERSHIP AND USE OF DOCUMENTS, MATERIALS AND SYSTEMS

8.1 OWNERSHIP

8.2 INDEMNIFICATION
ARTICLE 9 - DISPUTES

9.1 NEGOTIATION

9.2 MEDIATION

9.3 ARBITRATION OR LITIGATION
ARTICLE 10 - EXTENT OF AGREEMENT

10.1 AUTHORITY OF AGREEMENT

10.2 EXHIBITS

10.3 THIRD-PARTY BENEFICIARIES
ARTICLE 11 - NOTICES

11.1 CITY OF OROVILLE AND CM
ARTICLE 12 – SUCCESSORS AND ASSIGNS

12.1 CM’S DEATH OR INCAPACITATION
ARTICLE 13 - TERMINATION OF AGREEMENT

13.1 CITY OF OROVILLE-INITIATED TERMINATION

13.2 CM-INITIATED TERMINATION

13.3 DOCUMENTS AND MATERIALS
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CONSTRUCTION MANAGEMENT AGREEMENT
between

CITY OF OROVILLE
and

TROVER CONSTRUCTION PROJECT MANAGEMENT LLC (CM)
This AGREEMENT is made on the day of in the year
between CITY OF OROVILLE, hereinafter
called “Owner”, and Trover Construction Project Management LLC, hereinafter called “CM” or “TCPM”, for the following Project:

Kayak Kiosk Project
PROJECT DESCRIPTION:

Project encompasses demoing the burned bathroom building and construction of a new facility with a restroom and office for renting kayaks. Project is located at Bedrock Park, Oroville CA, 95965.

ARTICLE 1 - GENERAL PROVISIONS

1.1 GENERAL REQUIREMENTS

1.1.1 This Agreement shall be governed by the laws of the State of California.

1.1.2 In the event of a conflict between the provisions of any exhibit to this Agreement and the Agreement, the provisions of this Agreement shall govern.

1.1.3 Owner’s exercise of any of its rights or remedies prescribed in this Agreement shall not relieve CM from responsibility for damages or other losses incurred or to be incurred by Owner as a result of CM's breach of its obligations under this Agreement.

1.1.4 Time is of the essence for this Agreement.

1.1.5 CM shall cooperate with Owner, its designees, and Contractor in furthering the interests of Owner.

1.1.6 CM will comply with all background check requirements of the Owner, and will comply with all COVID-related requirements including vaccination and face covering requirements.

1.2 CONSTRUCTION MANAGER STANDARD OF CARE

1.2.1 CM, its officers, agents, employees, subcontractors, consultants and any 121
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persons or entities for whom CM is responsible, shall provide all services pursuant to this Agreement in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope, and complexity of the Project (including its contracting mode), and shall possess all required licenses and permits to perform the Work.

1.3 DEFINITIONS

1.3.1 As-builts (As-built Drawings and Specifications). The term "As-builts" shall mean the record copy of the Contract Documents prepared by the Construction Contractor to record as-built conditions, current changes, and selections made during construction.

1.3.2 Construction Budget. The term "Construction Budget" shall mean the CITY OF OROVILLE's written statement of funds available to pay for the cost of construction.

1.3.3 Construction Documents. The term "Construction Documents" shall mean the drawings and specifications, prepared by the Design Professional, setting forth in detail the requirements for the construction of the Project.

1.3.4 Contract Documents. The term "Contract Documents" shall mean the Advertisement for Bids, Instruction to Bidders, Supplementary Instructions to Bidders, Bid Form, Agreement, General Conditions, Supplementary Conditions, Affirmative Action Program, Exhibits to the Construction Documents, Specifications, List of Drawings, Drawings, Addenda, Notice to Proceed, Change Orders, Notice of Completion and all other items identified in the Construction Contract Agreement.

1.3.5 Contractor. The term “Contractor” shall mean the entity or, in the case of a design build contract, a contractor and design professional team with whom Owner has contracted to construct the Work associated with this Project.

1.3.6 Coordination. The term "Coordination" shall mean that the documents shall be consistent and in conformance each part with all other parts.

1.3.7 Project. The term "Project" shall mean the project described on page 1 of this Agreement.

1.3.8 CM. The term "CM" shall mean the specific Owner-approved CM individual named in this Agreement who is assigned to the Project, and is CM's designated principal or staff member, as the designated person in charge of providing all services required by this Agreement.

1.3.9 Project Program. The term "Project Program" is a written statement of Owner's design objectives, constraints, and criteria, including space requirements and relationships, flexibility and expendability, special equipment and systems, and Project site requirements.

1.3.10 Project Schedule. The term "Project Schedule" shall mean the schedule prepared by CM for Owner showing Project milestones, funding, design, design review, construction, and other deadlines applicable to the Project.

1.3.11 Record Documents. The term "Record Documents" shall mean the Design Professional's record drawings and final specifications made from the As-built documents 122
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received from the Contractor.

1.3.12 Bidding Documents. The term "Bidding Documents" shall mean those documents prepared and furnished by Owner for the purpose of obtaining bids from contractors to construct the Project, including without limitation, the General Conditions and General Requirements which are hereby incorporated by reference.

1.3.13 Work. The term “Work” shall mean all construction, services, and other requirements of the Contract Documents, or as modified by Change Order, whether completed or partially completed, and includes all labor, materials, equipment, tools, and services provided or to be provided by Contractor to fulfill Contractor's obligations, The Work may constitute the whole or a part of the Project.

ARTICLE 2 - CM'S SERVICES AND RESPONSIBILITIES - BASIC SERVICES Basic Services to be provided by CM consist of the services described in this Article 2.

2.1 CONSTRUCTION PHASE

2.1.1 CM shall assist Owner and Contractor as requested in the preparation of the pre- construction meetings

2.1.2 CM shall assist Owner and Contractor in monitoring written communications between Contractor, Owner's Administrator and Contractor(s).

2.1.3 CM shall assist Owner, in the resolution of disputes between Owner and the Contractor.

2.1.4 CM shall maintain a regular presence on site as necessary to facilitate coordination, resolve construction related issues, and provide regular written updates to Owner.

2.1.5 CM shall monitor construction activities and provide regular reporting of progress, issues, and changes to schedule, scope, and budget.

2.1.6 CM shall assist and process monthly contractor and subconsultant pay applications for Owner.

2.1.7 CM Shall assist Owner in responding to RFI’s

2.1.8 CM shall maintain, monitor, and update the Cost Control System. The monthly Cost Report shall compare the original Project Budget with the current Project cost, identify expenditures to date, state the budget required for completion of each major category of Work, identify actual and anticipated Change Orders, and predict the current estimated total Project cost.

2.1.9 CM shall assist Owner in evaluating Contractor Change Order Requests.

2.1.10 CM shall assist in negotiations with Contractor as requested by Owner. 123
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2.1.11 CM shall assist Owner, in obtaining back-up documentation, shop drawings, and materials submittals from Contractor.

2.1.12 CM shall assist Owner and Contractor on obtaining necessary permits with pertinent regulating bodies.

2.1.13 CM, its officers, agents, employees, subcontractors, and any persons or entities for whom CM is responsible, must provide all Services pursuant to this Agreement in accordance with the requirements of this Agreement and in a manner consistent with the standard of care under California law applicable to those who specialize in providing the same services for projects of the type, scope, and complexity of the Project. Owner’ review, approval of, or payment for any of the Services required under this Agreement must not be construed as assent that CM has complied, nor in any way relieve the CM of compliance, with (i) the applicable standard of care or (ii) applicable statutes, regulations, rules, or this Agreement.

ARTICLE 3 - CM'S SERVICES AND RESPONSIBILITIES - ADDITIONAL SERVICES Unless required to be performed as part of Basic Services, the services described in this Article 3 are Additional Services. These Additional Services shall be paid for by Owner, as provided in this Agreement, in addition to the compensation for Basic Services. CM shall provide Additional Services only when and as authorized in a written Amendment signed by Owner. No Additional Services shall be compensable unless so authorized. additional services shall be compensated hourly as referenced by Appendix A or via lump sum as negotiated between Owner and CM.

3.1 CONSTRUCTION PHASE as needed by client

3.3. POST-CONSTRUCTION as needed by client

3.4 GENERAL as needed by client
ARTICLE 4 - OWNERS RIGHTS AND RESPONSIBILITIES

4.1 ADMINISTRATION

4.1.1 Owner will designate, in writing, an Owner Representative who will act on behalf of Owner with respect to this Agreement. CM shall accept directives only from the designated Owner Representative and not from other Owner employees. Owner may replace the designated Owner Representative at its sole option; if this replacement is made, Owner will notify CM in writing.

4.2 PROVISION OF INFORMATION, SURVEYS, AND REPORTS

4.2.1 Owner will have the right to make changes to the Project Program. When such changes increase the duties of CM beyond those reasonably and customarily provided in Basic Services, CM shall be compensated in accordance with this Agreement.

4.2.2 Owner will have the right to make reasonable changes to its Bidding Documents 124
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and CM shall be bound by such changes. When such changes increase the duties of CM, beyond those reasonably and customarily provided in Basic Services, CM shall be compensated in accordance with this Agreement.

4.2.3 Owner shall furnish information to CM for purposes of updating the Project Schedule as dates and durations applicable to the Project such as funding deadlines, review periods, anticipated periods of Project suspension, and construction deadlines become known.

4.2.4 The services, information, surveys, and reports required by this Article 4 will be furnished at Owner's expense.

4.2.5 Owner will furnish copies of Drawings, Specifications, and other Project-related documents deemed necessary by Owner and CM for the performance of CM's services under this Agreement.

ARTICLE 5 - COMPENSATION
Owner will compensate CM for the scope of services provided, in accordance with this Article 5 and with the other terms and conditions of this Agreement as follows:

5.1 COMPENSATION FOR BASIC SERVICES

5.1.1 The fee for Basic Services shall be computed as follows:

For services rendered in accordance with this Agreement, the basis for compensation shall be a fee not to exceed the amount of thirty-five thousand dollars ($35,000.00), payable monthly, at an hourly rate as documented in the fee schedule (see Exhibit A), after the review and approval by Owner. Any change orders to the prime contract between Contractor and Owner that increases the contract amount shall increase the not to exceed amount equal to 6% of the change order amount.

5.1.2 Owner reserves the right to withhold monies for services not received as part of Basic Services and Supplemental Services unless an Amendment is issued by Owner for extension of services.

5.1.3 Owner understands that the scope of work required of the CM is difficult to define for this project and CM has developed the not to exceed price based on their professional experience and current understanding of the project scope. Should the not to exceed amount be reached prior to project completion, Owner shall authorize additional expenditures in writing should owner elect to continue to retain CM.

5.2 COMPENSATION FOR ADDITIONAL SERVICES

5.2.1 For the Additional Services of CM, as described in Article 3, compensation shall be in accordance with the attached Rate Schedule (Exhibit A).

5.2.2 Owner reserves the right to change time and scope of the Work (Change 125
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Orders). If Owner changes either time or scope, the CM's fees shall be adjusted in accordance with the attached Rate Schedule (Exhibit A).

5.2.3 If the duration of this Agreement exceeds or is extended by 60 calendar days through the fault of Owner, Design Professional, or Contractor and through no fault of CM, compensation for any Basic Services provided during this extended period of the construction phase of the construction contract shall be adjusted to compensate CM for any additional costs reasonably incurred by CM as the result of such delay, provided Owner has approved such adjustments in advance. These extended Basic Services shall be approved, in writing, by Owner and shall not include Basic Services that would have been performed under this Agreement had the initial duration of the Agreement not been substantially exceeded or extended.

5.3 REIMBURSABLE EXPENSES

5.3.1 For Reimbursable Expenses, only actual, reasonable costs will be reimbursed.

Paid invoices or other proof of payment shall be submitted when requesting reimbursement.

5.3.2 Reimbursable Expenses are paid in addition to the compensation for Basic and Additional Services and are actual expenditures made by CM and CM’s consultants in relation to the services provided in this Agreement.

ARTICLE 6 - PAYMENTS

6.1 PAYMENTS FOR BASIC SERVICES

6.1.1 Payments for Basic Services, as defined in Article 2, shall be made as stipulated in subparagraph 5.1.1.

6.2 PAYMENTS FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES

6.2.1 Payments for CM's Additional Services, as defined in Article 3, and for Reimbursable Expenses, as defined in paragraph 5.3, shall be made monthly after presentation of CM's statement of services rendered, or expenses incurred, with invoices, receipts and other justification thereof.

6.3 PROJECT SUSPENSION

6.3.1 If the Project is suspended or abandoned for more than 3 consecutive months, and such suspension was not scheduled at the beginning of the Project, as provided under subparagraph 4.2.4, CM shall be compensated for all authorized services performed prior to the receipt of written notice from Owner of such suspension or abandonment, together with Reimbursable Expenses then due. If the Project is resumed after being suspended for more than 3 consecutive months, CM's compensation shall be adjusted to compensate CM for any additional costs reasonably incurred as the result of the suspension.

6.4 INSURANCE
CM shall maintain the required insurance for its operations, including general liability 126
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insurance in an amount of at least $1,000,000 and professional liability insurance in an amount of at least $1,000,000, as well as workers’ compensation insurance as required by law, with an insurance company or companies that are rated “A-VII” or higher by A. M.

Best’s key rating guide, and are authorized to do business in the State of California. CM shall provide Owner with certificates of insurance and signed insurance policy endorsements, on forms acceptable to Owner, as evidence that the required insurance is in full force and effect. Each certificate of insurance and signed insurance policy endorsement must specifically provide verification that Owner and its directors, agents, officers, and employees have been added as additional insureds on the insurance policy being referenced. CM and any insurance company providing the insurance required by this section must waive any right of recovery or subrogation it may have against Owner.

ARTICLE 7 - CM'S RECORDS AND FILES
CM shall make files available for inspection and copying by Owner upon reasonable notice.

Owner or Owner's authorized representative shall have access to the CM's premises and records for inspection and auditing during normal business hours, shall be allowed to interview CM employees pursuant to the provisions of this Article, and be provided adequate and appropriate workspace in order to conduct audits in compliance with this Article. The provisions of this Article shall also apply to parent, affiliate, and subsidiary companies as necessary to verify costs associated with this Agreement.

ARTICLE 8 - OWNERSHIP AND USE OF DOCUMENTS, MATERIALS AND

SYSTEMS

8.1 OWNERSHIP
All systems, materials and documents developed for and with Owner resources shall become the property of Owner, whether or not the Project for which they are developed is executed.

Upon completion or termination of CM’s Basic Services and Additional Services under this Agreement, CM shall promptly provide to Owner all files related in any way to the Project, including but not limited to all documents, correspondence (including internal and external correspondence), systems and materials, both electronic and hard copy format, excluding CM’s internal accounting books and records addressed in Article 7. CM shall be permitted to retain copies for information and reference at CM’s expense.

8.2 INDEMNIFICATION
Owner will not defend, indemnify or save harmless CM, its officers, agents, or employees from any costs or claims asserted or imposed by any person or entity claiming that Owner's or CM’s use of systems, materials or documents is contrary to or in violation of any copyright, patent, trade secret, trade name, trademark, or any proprietary, contractual or legal right pertaining to their use.

ARTICLE 9 - DISPUTES

9.1 NEGOTIATION
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9.1.1 The parties will attempt in good faith to resolve any controversy or Claim arising out of or relating to this Agreement by negotiation.

9.2 MEDIATION

9.2.1 Within 60 days, but not earlier than 30 days following the earlier of (1) receipt of notice by the other party from the American Arbitration Association (AAA) of the disputing party's demand for arbitration or (2) receipt by the other party of the disputing party's notice of election to litigate, the parties may submit the matter to non-binding mediation administered by the AAA under its construction industry mediation rules.

9.3 ARBITRATION OR LITIGATION

9.3.1 Disputes arising from this Agreement between CM and Owner which cannot be settled through negotiation or mediation shall be subject to arbitration or litigation as follows:
.1 ARBITRATION WITH CONTRACTOR
If any claim arises under the Construction Contract Documents for the Project and is submitted to arbitration, and either Contractor or Owner claims that the acts or omissions of CM are involved, in whole or in part, any claim by Owner against CM arising out of or in connection therewith may be asserted, at the option of Owner, against CM in the same arbitration proceeding which shall be conducted under the procedures specified in the General Conditions of the construction contract. .2 LITIGATION WITH CONTRACTOR
If any claim arises under the Construction Contract Documents for the Project and is submitted to litigation, and either Contractor or Owner claims that the acts or omissions of CM are involved, in whole or in part, any claim by Owner against CM arising out of or in connection therewith may be asserted, at the option of Owner, against CM in the same litigation.

ARTICLE 10 - EXTENT OF AGREEMENT

10.1 AUTHORITY OF AGREEMENT

10.1.1 This Agreement represents the entire and integrated agreement between Owner and CM and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both Owner and CM.

10.2 EXHIBITS

10.2.1 This Agreement includes the following exhibits attached hereto:

Exhibit A: Rate Schedule

10.3 THIRD-PARTY BENEFICIARIES
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Nothing contained in this Agreement is intended to make the Contractor or any Subcontractor (regardless of tier), any employee or agent of the Contractor or any Subcontractor, or any person, including Design Professional or any consultant of Design Professional (regardless of tier), a third-party beneficiary of any obligations between Owner and CM.

10.3.1 It is agreed that the relationship of CM to Owner is that of an independent contractor, that CM shall provide all Services under this Agreement as an independent contractor, and that CM shall not have the authority to bind or make any commitment on behalf of Owner. Nothing herein shall be construed to create a joint venture, partnership, employer-employee, association, or principal-agent relationship between CM and Owner.

As there is no agency relationship with Owner, CM and its employees are not employees of Owner and therefore not eligible for unemployment insurance, disability insurance, workers’ compensation, employee benefits, and/or other stipulations of Owner’ personnel policy.

10.3.2 This Agreement has been executed and delivered in the State of California and the venue will be the Plumas County and the validity, enforceability and interpretation of any of the clauses of this Agreement will be determined and governed by the laws of the State of California.

ARTICLE 11 - NOTICES

11.1 OWNER AND CM
All notices or other documents required or permitted to be given hereunder shall be personally delivered, sent by private overnight courier, or sent by certified mail, postage prepaid, return receipt requested, addressed to the parties at the address for that party on the signature page of this Agreement.

Notices sent by certified mail shall be deemed received the third business day after posting in the US Mail, and notices sent by private overnight courier shall be deemed received the first business day after delivering the same to the private overnight courier during regular business hours.

ARTICLE 12 - SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon Owner and CM and their respective successors and assigns. Neither the performance of this Agreement nor any part thereof, nor any monies due or to become due hereunder, may be assigned by CM without the prior written consent and approval of Owner.

12.1 CM'S DEATH OR INCAPACITATION

12.1.1 If CM transacts business as an individual, upon CM's death or incapacitation, Owner may, at its option, terminate this Agreement as of the date of such event. If so terminated, neither CM nor CM's estate shall have any further right to perform hereunder, and Owner shall pay CM or the estate the compensation payable under Article 5 for any 129
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services rendered prior to this termination not theretofore paid. This compensation shall be reduced by the amount of additional costs that will be incurred by Owner by reason of this termination.

12.1.2 If CM transacts business as a corporation, partnership, sole proprietorship or other entity with more than one officer, employee, or representative accepted by the Owner as the CM, and any one of them dies or becomes incapacitated, and the others continue to render the services covered herein, Owner may choose to continue services with CM and make payments to CM as though there had been no such death or incapacitation; Owner will not be obliged to take any account of the person who died or became incapacitated, or to make any payment to this person or this person's estate. These provisions shall apply in the event of progressive or simultaneous occasions of death or incapacitation among any group of persons retained or employed by CM herein. If death or incapacitation befalls the last member of this group before the services under this Agreement are fully performed, then the rights set forth under subparagraph 15.1.1 shall apply.

ARTICLE 13 - TERMINATION OF AGREEMENT

13.1 OWNER-INITIATED TERMINATION

13.1.1 If Owner determines that CM has failed to perform in accordance with the terms and conditions of this Agreement, Owner may terminate all or part of the Agreement for cause. This termination shall be effective if CM does not cure its failure to perform within 10 days (or more, if authorized in writing by Owner) after receipt of a notice of intention to terminate from Owner specifying the failure in performance. If a termination for cause does occur, Owner will have the right to withhold monies otherwise payable to CM until the Project is completed. If Owner incurs additional costs, expenses, or other damages due to the failure of CM to properly perform pursuant to the Agreement, these costs, expenses, or other damages shall be deducted from the amounts withheld. Should the amounts withheld exceed the amounts deducted, the balance will be paid to CM upon completion of the Project. If the costs, expenses, or other damages incurred by Owner exceeds the amount withheld, CM shall be liable to Owner for the difference.

13.1.2 Owner may terminate this Agreement for convenience at any time upon written notice to CM, in which case Owner will pay CM in full for all services performed in compliance with and all expenses incurred under this Agreement up to and including the effective date of termination. In ascertaining the services actually rendered to the date of termination, consideration will be given to both completed Work and Work in progress, whether delivered to Owner or in the possession of CM, and to authorized Reimbursable Expenses. No other compensation or lost profit will be payable for such termination.

13.2 CM-INITIATED TERMINATION

13.2.1 CM may terminate this Agreement for convenience at any time upon thirty (30) days’ written notice to Owner, in which case Owner will pay CM in full for all services performed and all expenses incurred under this Agreement up to and including the effective date of termination, minus all costs incurred by Owner in identifying, contracting with, and bringing up to date a new construction manager to manage the Work. In ascertaining the services actually rendered to the date of termination, consideration will be given to both 130
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completed Work and Work in progress, whether delivered to Owner or in the possession of CM, and to authorized Reimbursable Expenses. No other compensation or lost profit will be payable for such termination.

13.3 DOCUMENTS AND MATERIALS

13.3.1 In the event of Agreement termination by either party for any reason, Owner reserves the right to receive, and CM shall promptly provide to Owner, all documents and materials prepared by CM for the Project. In the event of termination, any dispute regarding the amount to be paid under Article 6 shall not derogate from the right of Owner to receive and use such documents or materials.

14. INDEMNIFICATION

14.1 CM shall indemnify, protect, defend and hold free and harmless Owner and its board members ,agents, representatives, officers, employees, and volunteers (the “Indemnified Parties”) from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, delays, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney’s and consultants’ fees and causes of action, including personal injury and/or death (“Claim(s)”), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence (active or passive, ordinary or gross), recklessness (ordinary or gross), errors or omissions, or willful misconduct of CM, its directors, officials, officers, employees, contractors, subcontractors, or agents directly or indirectly arising out of, connected with, or resulting from the performance of the Services or this Agreement. This indemnity excludes CM’s liability as to the active or sole negligence or willful misconduct of Owner. 131
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IN WITNESS WHEREOF, THE CITY OF OROVILLE (OWNER) and TROVER CONSTRUCTION PROJECT MANAGEMENT LLC (CM) have executed this Agreement as of the date first written above (see Cover Page).

CONSTRUCTION MANAGER FIRM NAME: Trover Construction Project Management LLC By: Name: Nick Trover Title: Owner
(Signature) (Date)
CONSTRUCTION MANAGER ADDRESS: 974 Forest Ave Chico, CA 95928 CITY OF OROVILLE REPRESENTATIVE:

By: Name: Title:
(Signature) (Date)
CITY OF OROVILLE ADDRESS: 1735 Montgomery Street Oroville, CA 95965 132
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EXHIBIT A
Discipline Hourly Rate
Project Management Services
Project Manager $165.00
Assistant Project Manager $145.00
Project Engineer / Coordinator $120.00

TROVER CONSTRUCTION PROJECT MANAGEMENT FEE SCHEDULE
*VEHICULAR REIMBURSMENT $0.60 PER MILE
**MISC. EXPENSES CHARGED AT ACTUAL COST PLUS 10%
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR CHUCK REYNOLDS AND COUNCIL MEMBERS
FROM: BILL LAGRONE, CHIEF OF POLICE
RE: AUTHORIZATION TO TRANSFER SURPLUS AXON TASER

EQUIPMENT AND UNEXPENDED CARTRIDGES TO THE GRIDLEY

POLICE DEPARTMENT
DATE: SEPTEMBER 20, 2022

SUMMARY
The Council will consider authorizing the transfer of X26P Tasers, batteries for Tasers, cartridges for Tasers and training cartridges for Tasers, to the Gridley Police Department.

DISCUSSION
In 2022 the Oroville Police Department updated all Axon Taser equipment as part of an upgrade on our equipment replacement program through Axon. After this upgrade the Department was left with a surplus of equipment that was still new or near new and in good working order. The Gridley Police Department has expressed an interest in obtaining the surplus equipment. Gridley Police is still using the model Tasers we have taken out of service, and has expressed an interest in obtaining the surplus equipment. The equipment is of no use to the Oroville Police Department at this time and if not transferred the equipment will be destroyed and discarded. To obtain value from the equipment staff supports the idea of transferring this equipment to a neighboring agency.

The equipment to be transferred consist of approximately:
10 – X26P Tasers
10 – Blackhawk Holsters
10 – Batteries
24 – Training Cartridges
26 - Cartridges
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FISCAL IMPACT:

None
RECOMMENDATION:

Authorize the transfer of Taser equipment as listed in this staff report, to the Gridley Police Department
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COMMUNITY DEVELOPMENT Page 1 08.16.2016

OROVILLE CITY COUNCIL

STAFF REPORT
TO: MAYOR REYNOLDS AND CITY COUNCIL MEMBERS
FROM: DAWN NEVERS, ASST. COMMUNITY DEVELOPMENT DIRECTOR

CODY NISSEN, ACTING AIRPORT MANAGER
RE: PROJECT CONTRACT WITH Q & D CONSTRUCTION, LLC
DATE: SEPTEMBER 20, 2022

SUMMARY
The Council may consider a Project Contract with the lowest responsive bidder, Q&D Construction, LLC, in the amount of $380,972.50, for the Oroville Airport crack seal runway 2-20 & associated taxiways (Project).

BACKGROUND
The Project consists of crack seal runway 2-20 & associated taxiways to meet FAA safety standards and ensure longevity of the current pavement until the proposed rehabilitation in 2029. The crack sealing of the runway and taxiways has been approved by the Federal Aviation Administration (FAA) as part of the City’s 2020 Airport Capital Improvement Program. Staff received an FAA grant award for the Project on September 9, 2022.

Staff advertised the Project for Bid on February 9, 2022, and held a pre-bid meeting on February 23, 2022, with a bid due date of March 10, 2022. Five bids were received by the bid closing date, with the bid results summarized as follows:

AIRPORT DRAINAGE AND SAFETY GRADING BID SUMMARY
Q & D Construction $380,973
Pavement Coating Company $458,661
Santos Excavating, Inc. $510,486
Anderson Striping & Construction, Inc. $578,567
Maxwell Asphalt, Inc. (not fully responsive) $236,845
The low bidder for the Project is Q & D Construction. Both staff and the FAA have reviewed the bid submittal determined that the bid prices are reasonable and competitive and the bid is fully responsive.
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COMMUNITY DEVELOPMENT Page 2 08.16.2016

FISCAL IMPACT
The 4-year FAA grant will reimburse the City for $511,101 for the airport development project.

Funds are available in the Airport Fund if necessary. The current cash balance is $493,880.00.

RECOMMENDATIONS
Adopt Resolution No. 9097 – A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A PROJECT

CONTRACT WITH THE LOWEST RESPONSIVE BIDDER, Q & D CONSTRUCTION, LLC, IN THE AMOUNT OF $380,973 FOR THE AIRPORT CRACK SEAL PROJECT – (Agreement No. 3430).

ATTACHMENTS
Resolution No. 9097
Agreement Contract No. 3430
Bid - Q & D Construction, LLC.

Bid Summary
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1 CITY OF OROVILLE
RESOLUTION NO. 9097

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND

DIRECTING THE MAYOR TO EXECUTE A PROJECT CONTRACT WITH THE

LOWEST RESPONSIVE BIDDER, Q & D CONSTRUCTION, LLC, IN THE AMOUNT OF $380,973 FOR THE AIRPORT CRACK SEAL PROJECT
(Agreement No. 3430)
WHEREAS, the City of Oroville has received formal bids for the Airport Crack Seal Runway 2-20 & Associated Taxiways Project; and
WHEREAS, Q & D Construction, LLC was the lowest responsive bidder for the Project.

NOW THERFORE, be it hereby resolved by the Oroville City Council as follows:

1. Q & D Construction, LLC. is awarded the contract for the Project in the amount of $380,973.

2. The Mayor is hereby authorized and directed to execute a Project Contract with Q & D Construction, LLC. for the Project. A copy of the Project Contract is attached to this Resolution.

3. The City Clerk shall attest to the adoption of this Resolution.

PASSED AND ADOPTED by the Oroville City Council at a regular meeting on September 20, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
/
/
/
/
/
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2 Chuck Reynolds, Mayor

APPROVED AS TO FORM: ATTEST:
_____________________________ ________________________________ City Attorney Scott Huber Assistant City Clerk Jackie Glover 139
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CONTRACT
THIS AGREEMENT, made this 20TH day of SEPTEMBER , 2022 by and between the City of Oroville, 1735 Montgomery Street, Oroville, California, hereinafter called "City" and Q & D CONSTRUCTION, LLC.
doing business as: (X) a Corporation
( ) a Partnership
( ) an Individual
hereinafter called "Contractor":

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:

1. The Contractor will commence and complete:

OROVILLE MUNICIPAL AIRPORT

OROVILLE, BUTTE COUNTY, CALIFORNIA
CRACK SEAL RUNWAY 2-20 AND ASSOCIATED TAXIWAYS
AIP NO. 3-06-0178-027-2022

2. The Contractor will furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the work described in the Contract Documents.

3. The Contractor shall commence the work required by the contract documents by ten (10) calendar days after receipt of the “Notice to Proceed” and will fully complete the Base Bid within Fifteen (15) working days, and the Alternate 1 within ten (10) working days unless the period of completion is extended thereafter as stipulated in the specifications.

If the Contractor refuses or fails to complete the work within the time specified, including authorized extensions, there shall be deducted from monies due the Contractor, not as a penalty, but as liquidated damages the sum of Two Thousand Dollars ($2,000) for each calendar day subsequent to the time specified for each project and the time the work is actually completed and accepted. Delays caused by adverse weather conditions or conditions for which the Owner is clearly responsible will be added to the contract time.

4. City shall pay Contractor for the full and complete performance of this contract the total quantities constructed at the unit prices bid, subject to adjustments as provided in the Contract Documents.

5. The complete contract between the parties hereto shall consist of the following documents herein referred to as the "Contract Documents":

CF-1 140
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a: Invitation for Bids
b: Information for Bidders
c: Proposal Form
d: Bid Schedule
e: Bidder’s Bond
f: Contract
g: Payment Bond
h: Performance Bond
i: Federal Provisions
j: Special Conditions
k: Technical Provisions
l: Notice of Award
m: Notice to Proceed
n: Change Orders
o: Supplemental Drawings Issued
p Drawings
q: Construction Safety and Phasing Plan
r: Construction Management Plan
s: All addenda or bulletins issued during the time of bidding or forming a part of the documents loaned to the bidder for preparation of the bid.

Such documents, collectively referred to herein as the Contract Documents, hereby are incorporated herein by this reference and made a part hereof.

6. The City will pay to the Contractor in the manner and at such times as set forth in the general provisions such amounts as required by the contract documents.

7. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns.

8. Not withstanding any other provisions in the contract documents, disputes of $375,000 or less between that parties shall be subject to the provisions set forth in California Public Contract Code sections 20104 et seq. A copy of Public Contract Code sections 20104 et seq. are attached to this contract as Exhibit “A”.

9. If the parties become engaged in litigation relating to this contract, the prevailing party shall be entitled to recover all reasonable attorney’s fees and court costs from the losing party.

10. Federal Contract Provisions - The work to be done under this agreement is being financed in whole or in part by means of a grant made by the United States acting through the Federal Aviation Administration of the Department of Transportation. The Contractor must adhere to the Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects, included in Section CP of the Federal Provisions, of the specifications.

All mechanics and laborers on the project shall be paid no less than the minimum wage rate established by the U.S. Secretary of Labor. A copy of the Department of Labor Wage Rate 141
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Determination applicable to this contract is included in Section WD of the Federal Provisions, of the specifications.

IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this agreement in three (3) counterparts, each of which shall be deemed an original on the date first written above.

CITY OF OROVILLE BY:

NAME:

TITLE: MAYOR DATE:

ADDRESS: 1735 Montgomery Street
Oroville, CA 95965-4897
CITY SEAL ATTEST:

NAME:

TITLE: DEPUTY CITY CLERK
APPROVED AS TO FORM BY:

NAME:

TITLE: CITY ATTORNEY
CONTRACTOR BY:

NAME TITLE:

COMPANY NAME:

LICENSE NO.

CLASSIFICATION:

ADDRESS
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EXHIBIT “A”

CALIFORNIA CODES

PUBLIC CONTRACT CODE
SECTION 20104-20104.6
20104. (a) (1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b) (1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
20104.2. For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater.
(c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional 143
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documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process.
(f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator.
(b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
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(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law.
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that
(Name of Contractor)
(Address of Contractor)
a , hereinafter
called
(corporation, partnership, or individual)
Principal, and
(Name of Surety)
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto the City of Oroville, 1735 Montgomery Street, Oroville, California, hereinafter called "City" in the penal sum of dollars ($ ) in lawful money of
the United States, for the payment of which sum well and truly made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the City, dated the day of , 20 , a copy of which is hereto attached and made a part thereof for OROVILLE MUNICIPAL AIRPORT, CRACK SEAL RUNWAY 2-20 AND ASSOCIATED TAXIWAYS; AIP NO. 3-06-0178-027- 2022.

NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the City, with or without notice to the Surety, and if he/she shall satisfy all claims and demands incurred under such contract and shall fully indemnify and save harmless the City from all costs and damages which it may suffer by reason of failure to so, and shall reimburse and repay the City all outlay and expense which the City may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. 146
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PROVIDED, FURTHER, that no final settlement between the City and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS, WHEREOF, this instrument is executed in three (3) counterparts each of which shall be deemed an original, this day of , 20 .

ATTEST:

Principal/Secretary Principal
By:
(Seal) Address:

Witness to Principal
Address
ATTEST:

Surety - Secretary Surety
By:
(Attorney-in-Fact)
((Seal) Address:

Witness as to Surety
Address
NOTE: Date of bond must not be prior to date of contract. If Contractor is a partnership, all partners should execute bond.
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PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS that
(Name of Contractor)
(Address of Contractor)
a , hereinafter
called
(corporation, partnership, or individual)
Principal, and
(Name of Surety)
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto the City of Oroville, 1735 Montgomery Street, Oroville, California, hereinafter called "City" in the penal sum of dollars ($ ) in lawful money of
the United States, for the payment of which sum well and truly made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the City, dated the day of , 20 , a copy of which is hereto attached and made a part thereof for: OROVILLE MUNICIPAL AIRPORT, CRACK SEAL RUNWAY 2-20 AND ASSOCIATED TAXIWAYS; AIP NO. 3-06-0178-027- 2022.

NOW THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. 148
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PROVIDED, FURTHER, that no final settlement between the City and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS, WHEREOF, this instrument is executed in three (3) counterparts each of which shall be deemed an original, this day of , 20 .

ATTEST:

Principal/Secretary Principal
By:
(Seal) Address:

Witness to Principal
Address
ATTEST:

Surety - Secretary Surety
By:
(Attorney-in-Fact)
((Seal) Address:

Witness as to Surety
Address
NOTE: Date of bond must not be prior to date of contract. If Contractor is a partnership, all partners should execute bond.
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