Oroville City Council
November 15, 2022

November 15, 2022~4:00 PM Oroville City Council Meeting Agenda Page 1 of 5

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
November 15, 2022

REGULAR 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.

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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 November 15, 2022~4:00 PM Oroville City Council Meeting Agenda Page 2 of 5

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 and City Administrator

OPEN SESSION

1. Announcement from Closed Session

2. Pledge of Allegiance

3. Adoption of Agenda
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 - 9 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. APPROVAL OF THE MINUTES
The City Council may approve the minutes of November 1, 2022.

RECOMMENDATION
Approve the Minutes of November 1, 2022.

2. ADOPTION OF THE LAST YAHI INDIAN LANDMARK
The Council will review and consider approval of the adoption of California Historical Landmark No. 809, “The Last Yahi Indian” by the Native Sons of the Golden West.

RECOMMENDATION
Approve the adoption of The Last Yahi Indian Landmark following the Adopt A Park guidelines

3. AUTHORIZE TO AWARD CONTRACT FOR TREE PRUNING SERVICES The Council may award a contract for tree pruning services within the City’s public right of way to Tree of Life Services in an amount not to exceed $1,450 per day or $120,000.00 annually.

RECOMMENDATION
Authorize Staff to award the bid and sign a contract for tree pruning services within the City’s public right of way with Tree of Life Services
2 November 15, 2022~4:00 PM Oroville City Council Meeting Agenda Page 3 of 5

4. SR 162 ATP PROJECT - CONSULTANT AMENDMENT NO. 3 FOR DESIGN AND SUPPORT

SERVICES
The Council will consider a design contract amendment for the SR 162 ATP Project to complete additional survey, signal modifications, and right-of-way (ROW) impact cure (parking lot design) for businesses. This additional work is required by Caltrans for the City to receive encroachment permit and required to cure parking impacts to businesses due to the new sidewalk and ROW acquisition.

RECOMMENDATION
Staff recommends approving the Amendment No. 3 for Mark Thomas & Company, Inc.

5. RAINFOREST ART PROJECT AGREEMENT FOR THE ART WALL ALONG TABLE MOUNTAIN BLVD.

The Oroville City Council will consider a three-year agreement with the Rainforest Art Project for the Great Feather River Mosaic Murals Project along Table Mountain Boulevard.

RECOMMENDATION
Staff recommends approval of the project agreement and funding allocation.

6. AMENDMENT NO. 1 TO THE AGREEMENT WITH WES ERVIN & ASSOCIATES, PLANNING

SERVICES
The Council will consider an amendment to the agreement with Wes Ervin & Associates, for contract Planning Services.

RECOMMENDATION
Adopt Agreement No. 3349-1 A Services Agreement Amendment to the professional Contract Planning Services by and between the City of Oroville and Wes Ervin & Associates.

7. AGREEMENT WITH BRANDLEY ENGINEERING FOR CONSULTING SERVICES FOR THE

OROVILLE MUNICIPAL AIRPORT
The Council will consider an agreement with Brandley Engineering for consulting services in support of planning and construction work related to the Oroville Municipal Airport.

RECOMMENDATION
Adopt Resolution No. 9107 – A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT WITH

BRANDLEY ENGINEERING FOR CONSULTING SERVICES FOR THE OROVILLE MUNICIPAL AIRPORT – (Agreement No. 3322-3).
3 November 15, 2022~4:00 PM Oroville City Council Meeting Agenda Page 4 of 5

8. APPROVAL OF INVOICE FROM ST. FRANCIS ELECTRIC FOR INSTALLATION OF ADA CURB RAMPS AT MYERS ST. AND MITCHELL AVE.

The Council may consider authorizing payment of invoice from St. Francis Electric for the installation of (2) ADA curb ramps and associated concrete work following the installation of the replacement traffic signal light pole and concrete base at Myers St. and Mitchell Ave.

RECOMMENDATION
Authorize staff to process the invoice from St. Francis Electric for the installation of ADA curb ramps at Myers St. and Mitchell Ave. for the sum of $12,700.00

9. 2022 PLHA COMPETITIVE GRANT APPLICATION FOR LINCOLN STREET APARTMENTS

PHASE I AND PHASE II
The Council may approve the filing of an application to the Department of Housing and Community Development (HCD) for $1,700,000 for the new multi-family development of Lincoln Street Family Apartments Phase I and $2,500,000 for the proposed new multi-family development Lincoln Street Senior Apartments Phase II.

RECOMMENDATION
Approve the submittal of PLHA Competitive Program grant application for $1,700,000 for Lincoln Street Family Apartments Phase I.

Approve the submittal of PLHA Competitive grant application for $2,500,000 for Lincoln Street Senior Apartments Phase II.

Authorize staff to implement grant if awarded, and
Adopt Resolution No. 9109 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

OROVILLE, CALIFORNIA AUTHORIZING THE APPLICATION FOR THE PERMANENT

LOCAL HOUSING ALLOCATION PROGRAM NON-ENTITLEMENT LOCAL GOVERNMENT

COMPETITIVE COMPONENT FOR LINCOLN STREET FAMILY APARTMENTS PHASE I IN THE AMOUNT OF $1,700,000.

Adopt Resolution No. 9110 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

OROVILLE, CALIFORNIA AUTHORIZING THE APPLICATION FOR THE PERMANENT

LOCAL HOUSING ALLOCATION PROGRAM NON-ENTITLEMENT LOCAL GOVERNMENT

COMPETITIVE COMPONENT FOR LINCOLN STREET SENIOR APARTMENTS PHASE I IN THE AMOUNT OF $2,500,000.
4 November 15, 2022~4:00 PM Oroville City Council Meeting Agenda Page 5 of 5

REGULAR BUSINESS

10. RECOLOGY OF BUTTE COLUSA COUNTY FRANCHISE AGREEMENT AMENDMENT AND

SERVICE RATE INCREASE FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE, RECYCLABLES AND ORGANICS AS REQUIRED BY SB 1383
The Council will receive information and consider approving an amendment to the current franchise agreement with Recology of Butte Colusa County to include the recent CalRecycle mandates for AB 341, AB 1826, and SB 1383 in addition to the service rate increase of 12% for the purchase of one new truck to (with driver) and containers with the expanded organics collection services required by SB 1383.

RECOMMENDATION
Adopt Resolution No. 9108 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE

FRANCHISE AGREEMENT WITH RECOLOGY BUTTE COLUSA COUNTIES EXTENDING THE TERM OF THE AGREEMENT TO THE YEAR 2037 AND A 12% RATE INCREASE TO TAKE AFFECT ON JANUARY 1, 2023 (Agreement 474-6)

11. REQUEST FOR COUNCIL DIRECTION TO PROCURE DRAWINGS FOR THE SANK PARK FENCE
The Council may receive information of procurement of fence drawing for the Sank Park fence as requested by City Council.

RECOMMENDATION
Request for direction

REPORTS / DISCUSSIONS / CORRESPONDENCE

1. Council Announcements and Reports

2. Future Agenda Items

3. Administration Reports
i. Departmental Reports for Council Update October 2022 ii. Police Department Monthly Report for October 2022

ADJOURN THE MEETING
The meeting will be adjourned. A regular meeting of the Oroville City Council will be held on December 6, 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. 5 November 01, 2022~4:00 PM Oroville City Council Meeting Minutes Page 1 of 4

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
November 01, 2022

REGULAR MEETING

MINUTES
This agenda was posted on November 28, 2022. This meeting was recorded and may be viewed at cityoforoville.org or on Youtube.

CALL TO ORDER / ROLL CALL
Mayor Reynolds Called the meeting to order at 4pm
PRESENT: Council Members: David Pittman, Eric Smith, Art Hatley, Janet Goodson, Mayor Chuck Reynolds
ABSENT: Council Member Krysi Riggs, Vice Mayor Scott Thomson

CLOSED SESSION
The Council held a Closed Session on the following:

1. Pursuant to Government Code Section 54957(b), the Council met with the City Administrator, Personnel Officer, and/or City Attorney to consider the public employment related to the following position: City Administrator

2. Pursuant to Government Code section 54956.9(d)(2), the Council met with the City Administrator and City Attorney regarding potential exposure to litigation – Three Cases.

OPEN SESSION

1. Announcement from Closed Session – Mayor Reynolds announced that direction was given; no action was taken.

2. Pledge of Allegiance – Led by Mayor Reynolds

3. Adoption of Agenda – Motion by Council Member Smith and second by Council Member Goodson to adopt the agenda. Motion passed.

AYES: Hatley, Smith, Pittman, Goodson, Reynolds
NOES: None
ABSTAIN: None
ABSENT: Riggs, Thomson

PRESENTATIONS AND PROCLAMATIONS

1. Mayor Reynolds presented a Homeless and Runaway Youth Awareness Month Proclamation PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
The following individuals spoke on non-agenda items:
6 Item 1.

November 01, 2022~4:00 PM Oroville City Council Meeting Minutes Page 2 of 4 - Don Blake
- Bill Speer
- Robert Fager
- Steve Christensen

CONSENT CALENDAR
Motion by Council Member Smith and second by Council Member Goodson to approve the consent calendar items 1-4 and 6. Motion passed.

AYES: Hatley, Smith, Pittman, Goodson, Reynolds
NOES: None
ABSTAIN: None
ABSENT: Riggs, Thomson

1. APPROVAL OF THE MINUTES
The City Council approved the minutes of October 18, 2022

2. SECOND READING OF ZONING CHANGE ZC22-04: STANDARDS FOR DEVELOPMENT

OF NON-CONFORMING LOTS IN SOUTH OROVILLE
The City Council Adopted Ordinance no. 1870 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE APPROVING ZONING CHANGE ZC 22-04 TO AMEND SECTION 17.28.020 (“DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS”) TO PROMOTE DEVELOPMENT OF EXISTING NON-CONFORMING R-1 ZONED LOTS IN

SOUTH OROVILLE

3. SECOND READING OF ZONING CODE AMENDMENT ZC22-05: AMENDMENT OF OROVILLE MUNICIPAL CODE SECTION 17.48.100 (“SUBSTANDARD LOTS”) The City Council Adopted Ordinance No. 1869 -- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE APPROVING ZONING CHANGE ZC 22-05 TO AMEND SECTION 17.28.100 (“SUBSTANDARD LOTS”) TO ELIMINATE UNENFORCEABLE

REQUIREMENTS

4. REPLACEMENT OF OROVILLE FIRE ENGINE 1 MOTOR
The Council approved the rebuild of motor for Engine 1 in amount not to exceed $19,216.99

6. CONSIDER, APPROVE, AND AUTHORIZE A CITYWIDE COMPENSATION STUDY The City Council approved and authorized moving forward with the proposal from Koff & Associates to conduct a citywide compensation study

5. REIMBURSEMENT TO BUTTE COUNTY FOR REPLACE OF SURVEILLANCE SYSTEM

TAKEN AS EVIDENCE
The Council considered reimbursing Butte County for the replacement of the video surveillance system, that was seized as evidence
Motion by Council Member Smith and second by Council Member Goodson to approve the reimbursement to Butte County in an amount not to exceed $8,386.66. Motion passed.

AYES: Hatley, Smith, Pittman, Goodson, Reynolds
NOES: None
7 Item 1.

November 01, 2022~4:00 PM Oroville City Council Meeting Minutes Page 3 of 4 ABSTAIN: None
ABSENT: Riggs, Thomson

REGULAR BUSINESS

7. LOCAL AGENCY TECHNICAL ASSISTANCE GRANT AWARD
The Council approved the acceptance of $500,000 in Local Agency Technical Assistance (LATA) grant funding applied for in August. The funding will be used to reimburse 100% of preconstruction planning costs associated with the deployment of broadband infrastructure. The City of Oroville will enter an MOU with the Golden State Connect Authority (GSCA) for management of the grant and project development.

Motion by Council Member Smith and second by Council Member Goodson to approve grant award of $500,000 to prepare for broadband deployment in Oroville using GSCA and their contracted network design firm; and Adopt Resolution 9106 - A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF OROVILLE ACCEPTING THE PREVIOUSLY APPLIED FOR

LOCAL AGENCY TECHNICAL ASSISTANCE GRANT FUNDING ADMINISTERED BY THE

CALIFORNIA PUBLIC UTILITIES COMMISSION AND AUTHORIZING THE GOLDEN STATE CONNECT AUTHORITY TO MANAGE THE GRANT AND PROJECT DEVELOPMENT. Motion passed.

AYES: Hatley, Smith, Pittman, Goodson, Reynolds
NOES: None
ABSTAIN: None
ABSENT: Riggs, Thomson

8. REVIEW AND ADOPTION OF THE 2022 CODE ENFORCEMENT DEPARTMENT

PROCEDURE MANUAL
The Council considered the review and adoption of the 2022 Code Enforcement Department Procedure Manual.

Motion by Mayor Reynolds and second by Council Member Goodson to adopt the 2022 Code Enforcement Department Procedure Manual with an amendment to add an annual report.

Motion passed.

AYES: Hatley, Smith, Pittman, Goodson, Reynolds
NOES: None
ABSTAIN: None
ABSENT: Riggs, Thomson

REPORTS / DISCUSSIONS / CORRESPONDENCE

1. Council Announcements and Reports
a. Pittman – Spoke about Jeff and Cindi Comer and provided an update from the Oroville Dam Citizens Advisory Committee.
b. Smith – Oroville Recreation Advisory Committee meeting this Friday at the Southside Community Center, Veterans Parade on November 11th, Parade of Lights applications available.

2. Future Agenda Items – Contracting with Private Security – Pittman, Goodson

3. Administration Reports
8 Item 1.

November 01, 2022~4:00 PM Oroville City Council Meeting Minutes Page 4 of 4 a. Bergstrand – Mentioned that the city was awarded $2.7 Million for Mission Esperanza Project; attended a bus tour with the Housing Authority to see all of the affordable housing projects happening in the county.
b. Nevers – Spoke about the Museums Trick-or-Treat with over 800 visitors c. LaGrone – Mentioned that the Police Department is sending 3 cadets to the academy, one graduating now, and another one that is a MLE and will be coming on as an Officer.
d. Belser – Mentioned that 3 Staff attended a conference.

4. Correspondence
i. FERC Correspondence
ii. Letter from Comer's Print Shop
iii. CPUC Notice regarding PG&E

ADJOURN THE MEETING
Mayor Reynolds adjourned the meeting at 5:26pm.

APPROVED: ATTESTED:
____________________________________ _____________________________ Mayor Chuck Reynolds Assistant City Clerk Jackie Glover 9 Item 1.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND CITY COUNCIL
FROM: DAWN NEVERS, ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR RE: ADOPTION OF THE LAST YAHI INDIAN LANDMARK
DATE: NOVEMBER 15, 2022

SUMMARY
The Council will review and consider approval of the adoption of California Historical Landmark No. 809, “The Last Yahi Indian” by the Native Sons of the Golden West.

DISCUSSION
Representative from the Native Sons of the Golden West, Parlor No. 8 submitted the request to adopt California Historical Landmark No. 809, “The Last Yahi Indian. ”Staff suggested they use the Adopt A Park Program, following the guidelines in the packet will provide the greatest benefit to both the City of Oroville and the members of the community.

The Adopt-A-Park Program was approved by the Park Commission 2/11/20 and by City Council 4/7/20. The packet (Attachment A) was designed for service clubs and/or organized groups to select a park of their choosing to adopt for one day events with the option to plan regular future projects/events. The program packet consists of a Park Agreement, a Clean Up Planning Page, Liability Waiver sign-in sheet, Post Clean Up Report, and a page to the service club/organized group to request future projects, recommendations for park improvements, and any other related comments.

The Adopt A Park program packets are available at City Hall and on the City of Oroville website.

FISCAL IMPACT
No fiscal impact

RECOMMENDATION
Approve the adoption of The Last Yahi Indian Landmark following the Adopt A Park guidelines

ATTACHMENTS
Adopt A Park Agreement
10 Item 2.

11 Item 2.
12 Item 2.
13 Item 2.
14 Item 2.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND CITY COUNCIL MEMBERS
FROM: DAWN NEVERS, ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR RE: AUTHORIZE TO AWARD CONTRACT FOR TREE PRUNING SERVICES DATE: NOVEMBER 15, 2022

SUMMARY
The Council may award a contract for tree pruning services within the City’s public right of way to Tree of Life Services in an amount not to exceed $1,450 per day or $120,000.00 annually.

DISCUSSION
The City of Oroville has been contracting with qualified tree trimmers for a few years now.

The RFP and tree pruning services provide relief to the Parks and Trees Department while eliminating many safety issues within the Cities tree inventory. The City Arborist reviewed all work performed and has been satisfied with the work completed to date.

Under City Council direction from the September 20, 2022 Council meeting staff published a Request for Proposal on September 22, 2022 with a Mandatory Walk Through on October 6, 2022 at 9:00AM at City Hall. Three (3) bids were received by the closing date of October 20, 2022. The bids ranged from $2,198 to $1,450 per day. See attached bid opening sheet for a list of all bids.

The low bidder was Tree of Life Services at $1,450 per day.

FISCAL IMPACT
The funds in the amount of $120,000 from the District Tax Fund 102 per Council direction.

RECOMMENDATION
Authorize Staff to award the bid and sign a contract for tree pruning services within the City’s public right of way with Tree of Life Services

ATTACHMENTS

1. Bid Summary / Opening date

2. Submitted Bid Form

3. Agreement
15 Item 3.
16 Item 3.

AGREEMENT FOR PROFESSIONAL

SERVICES
This Agreement is made and entered into as of November 15, 2022, by and between the City of Oroville, a municipal corporation ("City") and Tree of Life Services, Tree Service ("Contractor").

RECITALS
A. The Contractor is specially trained, licensed, experienced and competent to provide tree trimming services to the City of Oroville as required by this Agreement.

B. The Contractor possesses the skill, experience, ability, background, license, certification, and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

B. City desires to retain the Contractor to render the professional services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. The Contractor shall furnish the following services in a professional manner. Contractor shall perform the scope of services described in Exhibit "A", which is attached hereto and incorporated herein by reference.

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

3. Compensation. Compensation to be paid to Contractor shall be in accordance with the Cost Estimate described in Exhibit "A", which is attached hereto and incorporated herein by reference. In no event shall Contractor's total compensation exceed the amount of One Hundred and Twenty Thousand Dollars 17 Item 3.
($120,000). Payment by City under this Agreement shall not be deemed a waiver of defects
00070616.1 Page 1 of 10
AGREEMENT NO.XXXX
18 Item 3.

in Contractor's services, even if such defects were known to the City at the time of payment.

4. Method of Payment. Contractor shall submit monthly billing to City describing the work performed during the preceding month. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than 30 days after approval of the monthly invoice by City staff and upon receipt of funds through the funding agreement as outlined in Paragraph 3.

5. Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of Contractor's services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without prior written authorization from City.

6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon fifteen (15) days' written notice of termination. Upon termination, Contractor shall be entitled to compensation for services properly performed up to the effective date of termination.

7. Contractor's Books and Records
a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, expenditures, and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. 00070616.1
19 Item 3.

b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion oftheAgreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Administrator, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at 1735 Montgomery Street, Oroville, California when it is practical to do so.

Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment, or termination of Contractor's business, City may, by written request by any of the above named officers, require that custody of the records be given to the City and that documents be maintained by City Hall.

8. Independent Contractor. It is understood that Contractor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City.

Contractor shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Contractor hereby expressly waives any claim it may have to any such rights.

9. Interest of Contractor. Contractor (including principals, associates, and professional employees) covenants and represents that it does not now have any 00070616.1
20 Item 3.

investment or interest in real property, and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor:
a. will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel independent of the control and direction of the City or any City official, other than normal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation, or counsel. (FPPC Reg. 18700(a)(2).)

10. Professional Ability of Contractor. City has relied upon the professional training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Contractor's field of expertise.

11. Compliance w it h Laws. Contractor shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations, including the terms of the applicable O.S.H.A., ANSI Z133 Safety Requirements and CAL E.P.A. Safety Orders.

12. Licenses. Contractor represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are 00070616.1
21 Item 3.

legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance, and approvals which are required by the City for its business.

13. Indemnity. To the maximum extent available by law, Contractor agrees to defend, indemnify, and hold harmless the City, its officers, officials, agents, employees, and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising from its performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, including PrevailingWage requirements.

14. California Labor Code. Requirements. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. The Services herein are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, therefore, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Contractor shall therefore comply with such Labor Code sections to the fullest extent required by law. It shall be mandatory upon the Contractor and all subcontractors to comply with all 00070616.1
22 Item 3.

California Labor Code provisions, which include but are not limited to prevailing wages, employment of apprentices, hours of labor and debarment of contractors and subcontractors.

The Services herein are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements.

15. Verification of Employment Eligibility. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and subsubcontractors to comply with the same.

16. Insurance Requirements. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the Agreement, the insurance coverage and policies as set forth in Exhibit "B" attached hereto.

17. Not ices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
00070616.1
23 Item 3.

If to City:

Ifto Contractor:

Director of Community Development
City of Oroville
1735 Montgomery Street
Oroville, CA 95965
Tree of Life Services
Oroville, CA 95965

18. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations are superseded in total by this Agreement.

19. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the CityAttorney.

20. Assignments and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience, and competence of Contractor. Assignments of any or all rights, duties, or obligations of the Contractor under this Agreement will be permitted only with the express prior written consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. 00070616.1
24 Item 3.

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

22. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

23. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Butte, or in the United States District Court, Eastern District of California.

24. Litigation Expenses and Attorneys ' Fees. If either party to this Agreement commences any legal action against the other part arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.

25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

26. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority, to make this Agreement and to bind each respective party.
00070616.1
25 Item 3.

27. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

28. Equal Opportunity Employment. Contractor represents that is and equal opportunity employer and it shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, disability, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, ortermination. [SIGNATURE PAGE TO FOLLOW]
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26 Item 3.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF OROVILLE
APPROVED AS TO FORM:

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

By: _____________________________
City Clerk
ATTACHMENTS:

Tree of Life Services
By: _____________________________
William Speer
Title: __________
Business License No.: _______________
Tax ID No.: ______________________
Exhibit A Scope of Services and Cost Estimate
00070616.1
27 Item 3.
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.
28 Item 3.
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 29 Item 3.
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 30 Item 3.
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 31 Item 3.
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 32 Item 3.
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 33 Item 3.
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 34 Item 3.
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 35 Item 3.
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 36 Item 3.
13 Your proposal will require a returned signed copy of this Specification from the authorized submitter of the bid for this service:

Tree of Life Services
Name of Company or Business
________________________________________
Printed Name of Signatory
_____________________________ ____________________
Signature Date
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51 Item 3.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND CITY COUNCIL MEMBERS
FROM: DAWN NEVERS, DEPUTY COMMUNITY DEVELOPMENT DIRECTOR RE: SR 162 ATP PROJECT – CONSULTANT AMENDMENT NO.3 FOR

DESIGN AND SUPPORT SERVICES
DATE: NOVEMBER 15, 2022

SUMMARY
The Council will consider a design contract amendment for the SR 162 ATP Project to complete additional survey, signal modifications, and right-of-way (ROW) impact cure (parking lot design) for businesses. This additional work is required by Caltrans for the City to receive encroachment permit and required to cure parking impacts to businesses due to the new sidewalk and ROW acquisition.

DISCUSSION
During design review by Caltrans on the 90% Plans of the ATP project, Caltrans Electrical Maintenance Group required a modification of a signal pole, on the southwest corner of the SR 162 Olive Hwy/Lower Wyandotte Road intersection, to a position further away from the curb. Caltrans stated the existing pole was being hit often by trucks making the right turn onto Lower Wyandotte Road and is a road safety concern that should be addressed with the ATP project. Mark Thomas has included scope and fee to get additional survey, signal modification plan, and verify ADA ramp compliance with the pole’s relocation.

In addition to the pole relocation, the City has also incurred parking lot modifications with businesses and property owners (4 parcels) along the Oro Dam Hwy corridor. These modifications arose out of negotiations to acquire ROW and accommodate new sidewalk for the project which removes existing parking for the businesses. Mark Thomas has also included scope and fee to design the modified parking lots and design proper drainage from the Hwy and the parking lots.

The work outlined in the attached scope of work is a follow up to the staff report and presentation given at the April 6, 2021 City Council Meeting, Amendment No.1 authorized at the June 15, 2021 Council Meeting, and Amendment No. 2 authorized at the June 21, 2022 Council Meeting. At the April 6, 2021 meeting, City Council approved the authorization of Local Transportation Funds to support the additional studies, design, and right-of-way acquisition required to complete the project.

Summary of project design budget and amendments:
52 Item 4.

Contract Cost
Original Contract $580,000*
Amendment No.1 – ROW additional design $330,742
Amendment No. 2 – Design Modifications $88,518
Amendment No. 3 – Design Mods + ROW
impacts (Pending)
$52,986
Total Contract (NTE) $1,052,246
City Funded Contract portion (Local
Transportation Fund)
$472,246
*CMAQ and ATP Grant Reimbursable

BACKGROUND
The project grant was pursued by the City in 2015 and awarded under ATP Cycle 3 through the California Transportation Commission (CTC) and Caltrans. Capacity Management and Air Quality (CMAQ) grant is also allocated to cover the design cost. All together the project grants provide for $3,951,000 to design, construct, and manage a contractor to implement bicycle, pedestrian, and mobility improvements from Feather River (Riverbend Park), west of Hwy 70 to Foothill Blvd, along SR 162. This includes sidewalk closures, pedestrian crossings, bike lanes, and pedestrian signal improvements along the corridor.

The project also incorporated an older Bicycle Transportation Account (BTA) Grant that included bike lane striping and signage for 2.7 miles of Class II bike-lane from Hwy 70 to Orange Avenue along Oro Dam Blvd East. A portion of that grant ($61,528) was used to supplement the design of the ATP/BTA combined project.

The project design was awarded to a consultant, Mark Thomas (MT), in December of 2019.

MT progressed the design to a 30% level and identified some gaps in the project as defined in the ATP application and scope and the additional work was authorized by City Council in June 2021. The project design has advanced to the 90% level and additional design effort was needed to address drainage, signal modifications, additional survey, and provide fiber optic conduit crossing of SR-162 at 5th Avenue as requested by the City. Additional design effort has been identified by Caltrans review and as a result of ROW acquisition and business parking impacts.

Unfortunately, the grant money provided does not address these design issues and the money allocated under ATP cannot be used for this purpose. The additional cost will have to be provided by the local sponsor, the City of Oroville.

The work in the attached scope and fee will allow the Consultant to complete the design and issue the project for bid and construction in 2023.

FISCAL IMPACT
$52,986 from the Local Transportation Fund.
53 Item 4.

RECOMMENDATION
Staff recommends approving the Amendment No. 3 for Mark Thomas & Company, Inc.

ATTACHMENTS
Agreement No. 3296 – Amendment No. 3
Exhibit A – Amendment Scope of Work
Exhibit B – Amendment Fee Estimate
Exhibit C – Contract Agreement No. 3296
54 Item 4.

Agreement No 3296
AMENDMENT TO PROJECT CONTRACT AGREEMENT NO. 3394

FOR PROJECT CONTRACT BETWEEN THE CITY OF OROVILLE
AND MARK THOMAS & COMPANY, INC.
(Amendment No. 3)
This Amendment dated November 15, 2022, is to the Project Contract Agreement No. 3296 between the City of Oroville (“City”) and Mark Thomas & Company, Inc. (“Contractor”).

A copy of Contract Agreement No. 3296 is attached as Exhibit “C” including all prior amendments.

In consideration of terms and conditions herein, City and Contractor agree that Agreement No. 3296 shall be amended as follows:

1. The Agreement shall be amended to include work related to State Route 162 Pedestrian/Bicycle Disabled Mobility & Safety project, which are enumerated in the scope documents. The scope
documents are attached as Attachment A to this Amendment.

2. The fee for all design modifications outlined in Attachment “A” is $52,986.00. Payment is to occur as outlined in Exhibit “A”.

3. Conflicts between the Agreement and any previous amendment to the Agreement shall be controlled by this amendment. All other provisions within Agreement No. 3296 as amended shall remain in full force effect.

CITY OF OROVILLE MARK THOMAS & COMPANY, INC.

Chuck Reynolds, Mayor By:

ATTEST: APPROVED AS TO FORM:

Jackie Glover, Assistant City Clerk Scott E. Huber, City Attorney 55 Item 4.
1 City of Oroville
Oroville SR 162 Pedestrian/Bicyclist/Disabled Mobility and Safety Improvements Traffic Signal Modification at SR 162/Lower Wyandotte Rd October 4, 2022
Introduction
As part of the review of the project plans by the Caltrans functional unitsthe electrical maintenance group insisted that the City of Oroville (City) include the relocation of the Type 1-B signal pole on the southwest corner of the SR 162 (Olive Hwy/Lower Wyandotte Road intersection to a position further away from the curb. The reason for this request is due to it continuously being hit by trucks making the right turn. Since it was a safety concern, the City has agreed to include the relocation of this pole with the SR 162 Pedestrian/Bicyclist/Disabled Mobility and Safety Improvements project.

In addition to the relocation of the signal pole, the City has taken on some property impact obligations (due to the installation of the new sidewalk) as part of their negotiations with the owners. The obligations mainly include maintaining the drainage of the property and reconfiguration of the affected parking lots to reestablish the access parking and maintain as many parking stalls as possible.

Signal Relocation
Y&C will obtain electronic base plans and as-built traffic signal plans for the SR 162 (Olive Hwy)/Lower Wyandotte Road intersection from Mark Thomas (MT). Y&C will verify as-built plans in the field. Based on the obtained information, Y&C will prepare traffic signal modification plan, specifications, and cost estimates (PS&E) for the SR 162 (Olive Hwy)/Lower Wyandotte Road intersection. The signal modification primarily involves relocation of the 1-B pole on the southwest corner. Y&C will submit traffic signal PS&E to the City of Oroville and Caltrans for review at 100% level. Any comments by the review agencies will be incorporated into final PS&E.

Sidewalk and Curb Ramp Replacement
The removal of the existing Type 1-B pole includes the removal or abandonment of the foundation.

The relocation of the pole will include setting the new foundation and to extend the conduit and wiring to the new location. All these items are located below the existing sidewalk. Therefore, a portion of the sidewalk and curb ramp will need to be replaced and checked to meet ADA slope requirements.

The existing surface for the project doesn’t cover this area. Supplemental topographic survey will be needed to obtain the coverage and identify utilities and other fixed objects in the area. It is estimated that a day of crew time and office time is needed to obtain and process the information.

MT will incorporate the curb ramp detail and modifications to the plans, specifications and estimate and submit to the City of Oroville and Caltrans for review at 100% level. Any comments by the review agencies will be incorporated into final PS&E.
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2 SR 162 Pedestrian/Bicyclist/Disabled Mobility and Safety Improvement Project Offsite Improvements
There are four offsite locations identified for inclusion into the plans. These include the HHH property (APN 035-030-065), Tandy property (APN 035-260-022), the Ando-Pittman property (APN 035-260-048) and the Blaze n J’s property (APN 035-260-049). The following work will be incorporated into the 100% PS&E package.

HHH
The HHH improvements include:
• Relocating their commercial sign closer to their building • Restripe the parking lot in front of the building to replace the 9 stalls affected by the project.

The sign would be relocated in approximately the same spot as the existing sign. It will be placed inside a curbed island that is included in the plans. The sign is a two-post sign with an electrical connection which would need to reconnect to the current PG&E service point. A clean restriping includes a slurry of the row of stalls.

TANDY
The Tandy improvements includes:
• Verify that the ADA requirements are met.
• Verify the site drains properly after the completion of the project. • Restriping the parking lot
The property owner has not agreed to the parking configuration around the building, but the layout presented to him has the access parking spot located in the front of the building with a driveway added so it acts like a circular driveway around the curb ramp. The current ADA access to the building connects the front portion of the parking lot to the walkway along the side of the building. The walkway itself is

4.5 feet wide with a local pinch point around the gas meters which are located next to the building. The meters are screened off from the walkway. If Mr. Tandy agrees to this configuration, the existing ADA compliant improvements can remain in place.

While the existing and proposed runoff will flow down LL/HL, the existing LL/HL pavement is flat and the runoff spreads out. The inlet along LL/HL is located approximately 500 feet south of SR 162 so the runoff ponds near the Tandy building. The existing pavement shows signs of this happening. The proposed improvements to resolve this include a valley gutter or rolled curb which extends to the end of the property. A gas valve is located in LL/HL and is assumed to be connected to the gas meters near the building. It is unsure that this valve cover needs to be raised or if it can be left in place.

The existing surface for the project doesn’t cover this area. Supplemental topographic survey will be needed to obtain the coverage to verify the ADA grades and be used to design a gutter along LL/HL. 57 Item 4.
3 SR 162 Pedestrian/Bicyclist/Disabled Mobility and Safety Improvement Project

ANDO-PITTMAN
The Ando-Pittman improvements includes:
• Reconfiguration/restriping the parking lot.

The businesses will lose approximately three parking stalls in front of the building due to the project.

There doesn’t seem to be access parking for the building now but needs to be included in the new configuration. The City planning department determined that the access parking stall needs to be up front near the building.

There is room in the back to replace the lost stalls. The back of the building is a gravel area that is used for parking. The City has told MT that the property owner will pave this area on their own, so it is not going to be part of the project. The configuration that is acceptable to the City and the property owner has not been determined yet. MT will layout the parking for the area and will include the restriping of the front part of the building. A clean restriping includes a slurry of the area.

Please note, the building itself is not ADA compliant due to raised door jambs. The parking lot can be made ADA compliant but not the complete site.

Like the other sites, supplemental topography in the front portion of the property needs to be obtained to verify ADA grades.

BLAZE N J’s - SMITH
The Smith improvements includes:
• Reconfiguration/restriping the parking lot.

The business currently has two parking stalls at the front of the building. They will lose one stall due to the project. The area in the front of the building will be converted into one access parking spot. The business has nine additional parking spots in the back which is above the required minimum for the building. A clean restriping includes a slurry of the front area. Like the other sites, supplemental topography would be obtained to verify ADA grades.
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND COUNCIL MEMBERS
FROM: DAWN NEVERS, ASST COMMUNITY DEVELOPMENT DIRECTOR
RE: RAINFOREST ART PROJECT AGREEMENT FOR THE ART WALL
ALONG TABLE MOUNTAIN BLVD.

DATE: NOVEMBER 15, 2022

SUMMARY
The Oroville City Council will consider a three-year agreement with the Rainforest Art Project for the Great Feather River Mosaic Murals Project along Table Mountain Boulevard.

DISCUSSION
On November 5, 2019, received a presentation from the Rainforest Art Project group for a series of proposed projects in and around Oroville that will include participation of Oroville’s schools to create the artwork. On August 9, 2022, the Rainforest Art Project presented their Table Mountain art wall proposal to the Oroville Arts Commission. Again, on September 20, 2022, the City Council received a focused presentation from the Rainforest Art Group of a series of sixty mosaic panels to be inset in the CMU wall adjacent to the pedestrian path of travel that tell the story of the great Feather River.

The three-year project is estimated at $150,000 per year for a total of $450,000. The funding will be partially funded from the Art in Public Places funding at $50,000 per year. This funding is received from all new no-residential development at a rate of 1% of the construction value.

Additionally, the remaining $100,000 per year will come from the RDA Bond Proceeds.

Within the six hundred feet of wall, the project will illustrate a colorful mosaic of the 200-mile odyssey of the Feather River. The goal of the project is to create an opportunity for the community’s students to participate in the creation of the panels while learning about the Feather River. The intended outcome is a project that tells a story and builds a sense of pride and ownership in those who participated in its creation meeting the goals of Arts in Public Places.

FISCAL IMPACT
Capital Projects Proceeds Fund 303, $150,000 annually for three years. Beginning Fund Balance at 7/1/22 in this fund was $600,539.
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RECOMMENDATION
Staff recommends approval of the project agreement and funding allocation.

ATTACHMENTS
Project Overview & Budget
Project Agreement No. XXXX and associated Exhibits
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(619) 236-0068
2169 National Ave., San Diego,CA 92113
1951 Locust Street,Chico,CA 95928
www.rainforestartproject.org

THE GREAT FEATHER RIVER MOSAIC MURAL PROJECT
Overview
The Great Feather River Mosaic Mural Project on Table Mountain Blvd. will be extraordinary in its scale and scope, with nearly six hundred feet of mural wall illustrating the dramatic journey of the Feather River, from its headwaters high in the mighty Sierra Nevada and Southern Cascade mountains to its convergence with the Sacramento River. The City of Oroville and the Feather River have shared an extraordinary and intimate history, and these murals will be a testimonial of appreciation for the abundance that this mighty river bestows upon our community.

There will be sixty murals in total, with the grade of the sidewalk representing the flow of the Feather River. The first murals at the top of the hill will represent the headwaters of the river, high in the mountains, along with its flow through Sierra Meadows, which are the largest Alpine Meadows in the continental United States. This region is known for its tremendous biodiversity, with many species of birds stopping there on their migratory journey. There will be murals representing all four tributaries, as they cascade down stunning falls and rapids prior to entering Lake Oroville. The lower portion of the mural wall, as you get closer to the river and hatchery, will represent the lake and the river as it works its way through Oroville into the valley.

The river is the thread that ties all sixty murals together, and as one walks from one end to the other, they will gain a great appreciation for the nature and beauty of each dynamic region.

Within these 600 feet, we will beautifully illustrate in a lasting and colorful mosaic the entire two-hundred-mile odyssey of our magnificent Feather River.

In addition to featuring the spectacular journey of the river, murals will accurately display a dazzling variety of flora and fauna that are dependent on its rich waters. From the twenty-plus fish species that call this river home, to exotic critters such as the Sierra Nevada Yellow Legged Frog and the Long-toed Salamander. Also included in this wide variety of wildlife are river otters, ash-throated flycatchers, warblers, phoebes, and numerous waterfowl species. 101
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Objective
The main objective is to involve as many students as possible, along with a broad base of support to create a wholly unique and extraordinary community art project. This will not be a patchwork of individual pieces, but rather an organized and structured project that tells a story, with beautiful characters and vivid continuity from start to finish. As with all Rainforest Art Projects, the most valuable outcome is the sense of pride and ownership that youngsters experience, as they become stakeholders in their community. We will publish an introductory coloring book, along with reference sheets for students to better understand the river and its riparian flora and fauna. Special presentation packages will be hand delivered to local school principals explaining the project, and how they can be involved. The Rainforest Art Project artisans will hold workshops with students and teachers to explain the theme and incorporate student drawings into the final designs, to assure that there is continuity as the river works its way from one mural to the next. Once the final designs are ready for fabrication, Rainforest artisans and volunteers will return to the classrooms to work with students on the mosaics.

Engraved plaques will be placed within each mural to explain which part of the river it represents and to credit the creators and sponsors. Final assembly of individual plant and animal mosaics into the larger “river” mural will take place at the Rainforest Art Project Center in Chico, or appropriate workspace in Oroville.

Logistics
The sixty mural project will be divided into three phases, each requiring one year, with twenty murals per year. There will be ongoing research as we proceed with the project, which will involve field work and photographs along with outreach to knowledgeable organizations, such as:
● Department of Fish and Wildlife
● Department of Water Resources
● Feather River Conservancy
● Sierra Club
● Audubon Society
Because of the scale of this project, we will be reaching out to various community organizations for their participation. These will include Brush Strokes, the Oroville Senior Center, Women’s Clubs, Rotary Clubs etc. We will be training volunteers to act as mentors in the classrooms. 102
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Sponsors
We have already had requests for sponsorship. Working with the City of Oroville, we will develop a program where businesses or organizations may make a contribution to the program by sponsoring a mural.

Educational Materials
● Introductory Package: to go to principals and organizations explaining how they may be involved.
● Coloring Book: This will explain the scope of work and give kids an opportunity to familiarize themselves with the river and its flora and fauna. ● Reference Supplements: These will provide photos and more detail into the specific part of the river that the students will be working on.
● Instructional Videos: These will help students and mentors understand the technical “how to’s”.
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City of Oroville
The Great Feather River Mosaic Murals Project. 2022-2025 Proposal Budget
60 murals, approximately 12 sq.ft each
Expenses Total cost

LABOR & SERVICES
TASK 1 - Design
Design
Concept drawings & mock up for the mosaic murals $2,360 Design templates for students, custom visual aids and inspiration resources for the design sessions $3,210
Educational & design workshops for participating teachers, students & community members $4,200
Introductory coloring book & presentation packages for schools $2,960 Final designs for 60 murals, including revisions to incorporate student designs into a professional layout $18,000
Engineering
Technical specifications, production files and patterns for 60 mosaic murals $9,600 TASK 2 - Mosaic Fabrication
60 Mosaic Murals: professional detailing and assembly $178,560 Preparing all the mosaic materials and supplies for the student & community hands-on workshops $25,200
TASK 3
Professional training and skills development
Professional development sessions for participating teachers, volunteers and community members $9,800
Hands-on Mosaic workshops with students $22,200
TASK 4
Installation
60 Mosaic Murals shipping & installation services $34,300 TASK 5
Administration and project coordinating, including scheduling student workshops & professional training for the participants; setting up the Makers Spaces for the hands-on workshops.
$14,700

MATERIALS
60 Mosaic Murals - Stained glass & custom mosaic tiles, prepared for student participation
$98,600
60 Mosaic Murals - Mosaic substrate, adhesive and finishing materials for mosaic
$15,600
Installation materials and supplies, misc. tools & hardware $10,800 GRAND TOTAL $450,090
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PROJECT AGREEMENT
(Oroville Arts Beautification Agreement No. 3435)
This Agreement for art project ("Agreement") is made and entered into the 1st day of November, 2022, by and between City of Oroville, 1735 Montgomery Street, Oroville, California and Dan Evers of the Rainforest Art Project ("Artist"), San Diego, California.

1.00. General Provisions

1.01. Purpose of Agreement. City owns right of way land and the pedestrian access along the west side of Table Mountain Boulevard from northern entrance of Riverview Terrace Dr. to the Southern entrance of River Terrace Drive, in, Oroville, California ("Property"). City is providing funds from Redevelopment Agency Bond Proceeds and the City's Art in Public Places/Oroville Beautification Fund for the cost associated with projects that result in the creation, purchase, installation, security or maintenance of art in public spaces.

1.02. Agreement Price. The project is proposed as a three-year project at an estimate of $150,000 annually for a total of $450,000 (“Agreement Price”). Artist shall be paid the amount of One Hundred Fifty Thousand dollars ($150,000) annually for the performance of the work required by the Agreement. The Agreement Price is based on a proposal made by the Artist, and accepted by City Council on November 15, 2022, ("Artist’s Budget" attached here to as Exhibit “A”).

1.03. Statement of Work. Artist shall furnish all labor, material, supplies, machinery, equipment, permits and services and shall perform and complete in a satisfactory and workmanlike manner the artwork on the Property as described in the Agreement Documents.

1.04. Time of Commencement and Completion.
(a) Artist shall commence the project within ten (10) days from the execution of this Agreement and shall satisfactorily complete the work no later than December 31, 2025.
(b) In making the agreement to complete the work no later than December 31, 2025, Artist has taken into consideration and made allowance for ordinary delays and hindrances incidental to such work, whether growing out of delays of common carriers, delays in securing materials or workers, changes omissions, alterations, or otherwise.
(c) Excusable delays shall consist of: fire, unavoidable casualties, unusual delays in transportation, national emergency, extraordinary weather conditions, labor and material shortages which are beyond the reasonable control of Artist, or by any other cause beyond the reasonable control of Artist; provided that Artist shall notify the City/Arts Commission in writing no later than one (1) day after the initial occurrence of any excusable cause of delay.
(d) If the Artist is unable to complete any portion of the work due to excusable delay, the completion date shall be extended by the number of days of the excusable delay.
(e) Time is of the essence of this Agreement.
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1.05. Agreement Documents. This Agreement shall consist of the general terms, conditions and references contained herein and the following documents:
 Artist's Proposal (Project Overview & Budget): Attached as Exhibit “A”  Ordinance No. 1798 Public Art / Oroville Beautification: Attached as Exhibit “B”

1.06. Method of Payment. The City of Oroville will provide reimbursement for costs of an approved Grant Agreement as stipulated.
(a) All payments are paid on a reimbursable basis. Artist’s will submit an invoice with appropriate proof of payment (canceled checks, etc.) The Fund Administrator will verify submittals. Once funds are received by the Fund Administrator the Artist will be issued a check.

1.07. Accounting Requirements. The Artist must maintain an accounting system that:
 Accurately reflects fiscal transactions, with the necessary controls and safeguards.
 Provides a good audit trail, including original source documents such as purchase orders, receipts, progress payments, invoices, timecards, canceled checks, etc.
 Provides accounting data so the total cost of each individual project can be readily determined.

1.08 Records Retention
Project records must be retained for a period of three (3) years after final payment is made by the Fund Administrator. All project records must be retained by the Artist at least one (1) year following an audit. Artists are required to keep source documents for all expenditures related to each grant for at least three (3) years following project completion and one (1) year following an audit. A Project is considered complete upon receipt of final grant payment from the Fund Administrator.

1.09. Changes: No changes, additions, or deletions to the specifications for the work to be completed under this Agreement shall be made without the prior written consent of the City/Arts Commission.

1.10. Indemnification. Artist expressly agrees to defend, indemnify and hold harmless City/Arts Commission from any and all claims, suits, damages and actions of any kind or description resulting from any act or omission of Artist (or any agent, employee, or servant thereof) in performance of this Agreement, except where caused by the active negligence, sole negligence or willful misconduct of the City/Arts Commission. Artist waives any and all right to any type of express or implied indemnity against the City/Arts Commission and its officers and employees.

1.11. Conflict of Interest. Artist states that no present or former member or officer of the City/Arts Commission staff, and no employee of the City who formulates policy or influences decisions with respect to the Art in Public Places / Oroville Beautification program, had or will have any direct or indirect interest, during his or her tenure or for one year thereafter, 106
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in this Agreement or in any proceeds or benefits arising from this Agreement.

1.12. Site Visits. The Fund Administrator, or designee, will make periodic visits to the Project site, including a final inspection of the site. The Fund Administrator, or designee, will determine if the work is consistent with the approved Public Art Beautification Project Scope and ensure compliance with signage requirements that identify the project as a Public Art / Beautification Grant.

1.13. Termination.
(a) City Council may terminate this Agreement at any time by a notice in writing to Artist. Such termination shall be effective in the manner and upon the date specified in said notice and shall be without prejudice to any claims. Upon receipt of such notice, Artist shall, unless the notice directs otherwise, immediately discontinue all work and the placing of all orders for materials, facilities, and supplies in connection with the performance of this Agreement. (b) Upon termination of the Agreement City Council will reimburse Artist for any expenses incurred prior to the notice of termination. Upon termination of this Agreement for its breach by Artist, the Agreement Price shall be reduced by the amount of any and all claims which City Council may have against the Artist for damages incurred by the City Council as a result of the breach, including the cost to City to have the work remaining under the Agreement completed by another Artist. Such damage shall also include any reasonable attorney's fees and other costs incurred by City Council in effecting the termination of the work. Any Agreement funds remaining, including amount retained from progress payments, or other amount otherwise earned by the Artist but not yet paid by the City on the date of the termination, may be applied by City Council to the damages which were incurred as a result of the Artist's breach. The balance remaining, if any payable to the Artist. If Agreement funds as indicated above are insufficient, the Artist shall be liable for any unpaid balance.

1.14. Written Notice. Written notice shall be deemed to have been duly served if delivered in person or sent by registered or certified mail to:
(a) Artist at the following address:

Dan Evers
2169 National Avenue
San Diego, CA 95928

(b) The City at the following address:

City of Oroville
1735 Montgomery Street
Oroville, CA 95965

2.00. ARTIST'S GENERAL OBLIGATIONS.

Artist shall provide the following:

2.01. Insurance: Prior to commencing any construction, furnish certificates of insurance to City Council evidencing insurance coverage as shown in Exhibit “B”. 107
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2.02. Bond: Prior to Commencing any construction, Artist must furnish a payment bond to City Council for one hundred percent (100%) of the work under this Agreement in a form acceptable to the City Attorney.

2.03. Permits and Taxes: Obtain all permits and licenses and pay all fees, taxes and other charges (with the exception of permit fees that will be paid for by the RDA) necessary for the completion and execution of the work to be performed.

2.04. Government Requirements: Perform all work in conformity with applicable state, federal, and local laws and regulation and local building codes whether or not covered by the Agreement Documents.

2.05. Maintenance of the Property:
(a) At all times keep the Property free from accumulation of waste material or rubbish caused by Artist's operation. At the completion of the work, remove all construction activity related waste materials, rubbish, tools, construction equipment, and machinery and leave Property in a neat and clean condition. (b) Protect City’s property, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of the Agreement.
(c) Replace glass damaged or broken by Artist's operation. Upon replacement, remove all labels and wash and polish glass on both sides.

2.06. LOSS OF FUNDING. The following are examples of actions (some or all may apply) that may result in the Artist’s loss of funding.
 Artist fails to sign the Grant Contract within the thirty-day time period as specified in the Grant Contract.
 Artist withdraws from the grant program.
 Artist fails to complete the funded Project within the agreed upon time frame.  Artist fails to submit all documentation within the time periods specified in the Grant Agreement.
 Artist is unable to acquire any required permits.
 Artist changes Project Scope, without prior approval from the Arts Commission.

If loss of funding occurs the Artist must return any advanced funds, plus accrued interest (at the current saving rate offered by banks) to the City of Oroville.

3.00. GENERAL OBLIGATIONS

3.01. There shall be no changes, additions, or deletions to this Agreement or the Agreement Documents without prior written approval of the Artist and City/Arts Commission. Any change orders must be signed by the Artist and the City/Arts Commission.

3.02. City/Arts Commission shall cooperate with the Artist to facilitate the performance of work. 108
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4.00. ACCEPTANCE/PROJECT CLOSEOUT

4.01. Joint Inspection: Upon receipt of a written notice from Artist that the work is ready for final inspection and acceptance, Artist and representatives of the City Council shall meet at the Property. If deficiencies are noted, Artist shall be responsible for correcting the items identified prior to filing a Notice of Completion or receiving final payment.

4.02. Notice of Completion: When the work has been completed in conformity with the Agreement Documents and any Change Orders, and deficiencies have been corrected to the satisfaction of the representative of the City Council, the City Council shall accept the work by signing a Notice of Completion. This Notice of Completion shall be recorded by the representative of the City Council in the office of the county recorder of the county in which the Property is located.

4.03. Final Payment:
(a) When the Artist submits notice to the City Council that the work is ready for final inspection, Artist shall also submit a request for final payment containing all of the information required by Section 1.06 (c) of this Agreement.

5.00. DISPUTE RESOLUTION
Any dispute which arises under this Agreement, and which remains unresolved for fifteen (15) working days after the City Council has been informed in writing of the dispute by either party, shall be subject to Public Contract Code Section 20104 et seq.

6.00. MISCELLANEOUS PROVISIONS

6.01. Entire Agreement: The Agreement Documents contain the entire agreement between the parties. No variation, modifications, or changes hereto shall be binding upon any party hereto unless set forth in a written document duly executed by or on behalf of such party.

6.02. Waiver: No consent or waiver, express or implied, by either party to or of any breach or default by the other shall be deemed default. Failure on the part of either party to complain of any act of the other party or to declare the other party in default shall not constitute a waiver by such party of its rights hereunder.

6.03. Governing Law: This Agreement and obligations of the parties hereunder shall be interpreted, construed and enforced in accordance with the laws of the State of California.

6.04. Royalties:
(A) Artist retains all statutory and common law authorship rights pursuant to the United States Copyright Act (17 United States Code (U.S.C)), relevant California intellectual property and civil laws, and all other rights in and to the Work, except ownership and possession which shall be transferred to the City of Oroville upon Artist’s completion of the Work and except as such rights are limited by this paragraph. Upon acceptance of the Work by the Rainforest Art Project, Artist grants to the City of Oroville, and their assignees an irrevocable right and license to make two-dimensional reproductions of the Work for both commercial and noncommercial purposes including, but not limited to: (i) use in advertising, brochures, media publicity and catalogs or other similar publications; (ii) use in promotional 109
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materials; and (iii) reproductions for use in non-profit, City of Oroville fundraising activities.
(B) The Artist acknowledges that the Work is a work for hire as defined in 17 U.S.C. §101 and the California Civil Code §987(b) (2,7) that the City is using for commercial advertising, educational purposes, and promotional purposes. (C) The City of Oroville will use reasonable efforts to maintain the Work on the Site, but the parties acknowledge that the Work may be subject to vandalism, graffiti tagging, fading, wear and other damage that may result in the Rainforest Art Project needing to remove the Work.

IN WITNESS WHEREOF, the City/Arts Commission and Artist have executed this Agreement.

By: Date: .

Dan Evers, Rainforest Art Project

OROVILLE CITY COUNCIL
By: Date: .

Chuck Reynolds, Mayor
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Exhibit A - Artist's Budget Proposal
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Exhibit B - Property Owner Installation & Maintenance Agreement Title to all public art required by and installed pursuant to this section of Per CITY Code §17.08.135(G) on private property shall be vested in the owner and pass to the successive owners of the development project. Each successive owner shall be responsible for the custody, protection and maintenance of such works of art. Public art installed on public property is owned by the City of Oroville and maintenance, removal or protection is the responsibility of the City.

For any works of art installed on private property, the owner(s) of the property shall be required to enter into a written agreement for the maintenance of the artwork. The agreement shall be in a form approved by the City Attorney and Zoning Administrator and suitable for recordation with the Butte County recorder. The agreement shall be binding upon the property owner(s) and any successors in interest. (example agreement attached as Appendix F)
I hereby authorize _______________________________, Artist, to create and install a piece of art upon acceptance of proposal and agreement of the Oroville City Council. I further agree, as the property owner, to be responsible for the custody, protection and maintenance of such works of art for the period of time agreed upon between myself and the City Council.

Address of proposed art project: City owned right of way land and the pedestrian access along the west side of Table Mountain Boulevard from northern entrance of Riverview Terrace Dr. to the Southern entrance of River Terrace Drive, in, Oroville, California ("Property").
_________________________________ _______________________ Property Owners, Signature Date
________________________________
Property Owners, Print Name
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(619) 236-0068
2169 National Ave., San Diego, CA 92113
1951 Locust Street, Chico, CA 95928
www.rainforestartproject.org

THE GREAT FEATHER RIVER MOSAIC MURAL PROJECT
Overview
The Great Feather River Mosaic Mural Project on Table Mountain Blvd. will be extraordinary in its scale and scope, with nearly six hundred feet of mural wall illustrating the dramatic journey of the Feather River, from its headwaters high in the mighty Sierra Nevada and Southern Cascade mountains to its convergence with the Sacramento River. The City of Oroville and the Feather River have shared an extraordinary and intimate history, and these murals will be a testimonial of appreciation for the abundance that this mighty river bestows upon our community.

There will be sixty murals in total, with the grade of the sidewalk representing the flow of the Feather River. The first murals at the top of the hill will represent the headwaters of the river, high in the mountains, along with its flow through Sierra Meadows, which are the largest Alpine Meadows in the continental United States. This region is known for its tremendous biodiversity, with many species of birds stopping there on their migratory journey. There will be murals representing all four tributaries, as they cascade down stunning falls and rapids prior to entering Lake Oroville. The lower portion of the mural wall, as you get closer to the river and hatchery, will represent the lake and the river as it works its way through Oroville into the valley.

The river is the thread that ties all sixty murals together, and as one walks from one end to the other, they will gain a great appreciation for the nature and beauty of each dynamic region.

Within these 600 feet, we will beautifully illustrate in a lasting and colorful mosaic the entire two-hundred-mile odyssey of our magnificent Feather River.

In addition to featuring the spectacular journey of the river, murals will accurately display a dazzling variety of flora and fauna that are dependent on its rich waters. From the twenty-plus fish species that call this river home, to exotic critters such as the Sierra Nevada Yellow Legged Frog and the Long-toed Salamander. Also included in this wide variety of wildlife are river otters, ash-throated flycatchers, warblers, phoebes, and numerous waterfowl species.

Exhibit "A"
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Objective
The main objective is to involve as many students as possible, along with a broad base of support to create a wholly unique and extraordinary community art project. This will not be a patchwork of individual pieces, but rather an organized and structured project that tells a story, with beautiful characters and vivid continuity from start to finish. As with all Rainforest Art Projects, the most valuable outcome is the sense of pride and ownership that youngsters experience, as they become stakeholders in their community. We will publish an introductory coloring book, along with reference sheets for students to better understand the river and its riparian flora and fauna. Special presentation packages will be hand delivered to local school principals explaining the project, and how they can be involved. The Rainforest Art Project artisans will hold workshops with students and teachers to explain the theme and incorporate student drawings into the final designs, to assure that there is continuity as the river works its way from one mural to the next. Once the final designs are ready for fabrication, Rainforest artisans and volunteers will return to the classrooms to work with students on the mosaics.

Engraved plaques will be placed within each mural to explain which part of the river it represents and to credit the creators and sponsors. Final assembly of individual plant and animal mosaics into the larger “river” mural will take place at the Rainforest Art Project Center in Chico, or appropriate workspace in Oroville.

Logistics
The sixty mural project will be divided into three phases, each requiring one year, with twenty murals per year. There will be ongoing research as we proceed with the project, which will involve field work and photographs along with outreach to knowledgeable organizations, such as:
● Department of Fish and Wildlife
● Department of Water Resources
● Feather River Conservancy
● Sierra Club
● Audubon Society
Because of the scale of this project, we will be reaching out to various community organizations for their participation. These will include Brush Strokes, the Oroville Senior Center, Women’s Clubs, Rotary Clubs etc. We will be training volunteers to act as mentors in the classrooms. 114
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Sponsors
We have already had requests for sponsorship. Working with the City of Oroville, we will develop a program where businesses or organizations may make a contribution to the program by sponsoring a mural.

Educational Materials
● Introductory Package: to go to principals and organizations explaining how they may be involved.
● Coloring Book: This will explain the scope of work and give kids an opportunity to familiarize themselves with the river and its flora and fauna. ● Reference Supplements: These will provide photos and more detail into the specific part of the river that the students will be working on.
● Instructional Videos: These will help students and mentors understand the technical “how to’s”.
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City of Oroville
The Great Feather River Mosaic Murals Project. 2022-2025 Proposal Budget
60 murals, approximately 12 sq.ft each
Expenses Total cost

LABOR & SERVICES
TASK 1 - Design
Design
Concept drawings & mock up for the mosaic murals $2,360 Design templates for students, custom visual aids and inspiration resources for the design sessions $3,210
Educational & design workshops for participating teachers, students & community members $4,200
Introductory coloring book & presentation packages for schools $2,960 Final designs for 60 murals, including revisions to incorporate student designs into a professional layout $18,000
Engineering
Technical specifications, production files and patterns for 60 mosaic murals $9,600 TASK 2 - Mosaic Fabrication
60 Mosaic Murals: professional detailing and assembly $178,560 Preparing all the mosaic materials and supplies for the student & community hands-on workshops $25,200
TASK 3
Professional training and skills development
Professional development sessions for participating teachers, volunteers and community members $9,800
Hands-on Mosaic workshops with students $22,200
TASK 4
Installation
60 Mosaic Murals shipping & installation services $34,300 TASK 5
Administration and project coordinating, including scheduling student workshops & professional training for the participants; setting up the Makers Spaces for the hands-on workshops.
$14,700

MATERIALS
60 Mosaic Murals - Stained glass & custom mosaic tiles, prepared for student participation
$98,600
60 Mosaic Murals - Mosaic substrate, adhesive and finishing materials for mosaic
$15,600
Installation materials and supplies, misc. tools & hardware $10,800 GRAND TOTAL $450,090
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND COUNCIL MEMBERS
FROM: DAWN NEVERS, ASST. COMMUNITY DEVELOPMENT DIRECTOR RE: AMENDMENT NO. 1 TO THE AGREEMENT WITH WES ERVIN &

ASSOCIATES, PLANNING SERVICES
DATE: NOVEMBER 15, 2022

SUMMARY
The Council will consider an amendment to the agreement with Wes Ervin & Associates, for contract Planning Services.

DISCUSSION
The City has one fulltime Assistant Planner and one part-time contract Planning Associate. Over the past few years these duties have picked up considerably. This department is critical to move projects forward and ensure they meet or exceed all community standards and codes. There are several projects which require specific planning expertise and must be completed in a timely manner. Additionally, the need for Economic Development expertise is fundamental with the inquiries the City has received.

The City contracted with Wes Ervin & Associates on December 15, 2020 for $110.00 per hour, and Mr. Ervin’s knowledge has been invaluable to the City. At this time, staff is seeking to add Economic Development services to the current contract with Mr. Ervin at an increased hourly rate of $125.00, in addition to a part-time Planner at $90.00 per hour.

Wes Ervin and Associates has covered all expenses such as travel and incidentals for this position, and has agree to maintain all necessary licenses, registrations and insurances necessary for this position. These costs have also increased which are additionally reflected in the increased hourly rate. Attached is a copy of the SubConsultant Services Work Order and the original Statement of Qualifications for your review.

This consultant has met and exceeded our expectations. Staff is very pleased with the quantity of work and quality of service from Mr. Ervin. The level of experience brought 123
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to this critical position by Mr. Ervin is exceptional. The addition of the part-time Planner will only enhance his offerings.

FISCAL IMPACT
This anticipated cost for services will be covered with the salary savings of $72,435 from the vacant Associate Planner position as budgeted in the Planning Department 2202-5110.

RECOMMENDATION
Adopt Agreement No. 3349-1 A Services Agreement Amendment to the professional Contract Planning Services by and between the City of Oroville and Wes Ervin & Associates.

ATTACHMENTS
Agreement No. 3349-1
Sub-Consultant Services Work Order
Summary of Qualifications
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Agreement No 3394

AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR

PROFESSIONAL CONTRACT PLANNING SERVICES BY AND BETWEEN

THE CITY OF OROVILLE AND WES ERVIN & ASSOCIATES
(Amendment No. 1)
This Amendment dated November 15, 2022, is to the Contract Planning Services Agreement No. 3394 between the City of Oroville (“City”) and Wes Ervin & Associates (“Consultant”).

A copy of Contract Agreement No. 3394 is attached as Exhibit “C” including all prior amendments.

In consideration of terms and conditions herein, City and Consultant agree that Agreement No. 3394 shall be amended as follows:

1. The Agreement shall be amended to include work related to Economic Development, Planning and increased operating
expenses, which are detailed in the attached correspondence to an increased hourly rate of $125.00.

2. The addition of a part-time Planner as detailed in the SubConsultant Services Work Order at an hourly rate of $90.00, and approve a retroactive start date of November 4, 2022.

3. The scope documents are attached as Attachment A to this Amendment.

3. Conflicts between the Agreement and any previous amendment to the Agreement shall be controlled by this amendment. All other provisions within Agreement No. 3394 as amended shall remain in full force effect.

CITY OF OROVILLE WES ERVIN AND ASSOICIATES.

Chuck Reynolds, Mayor By: Wes Ervin
ATTEST: APPROVED AS TO FORM:

Jackie Glover, Assistant City Clerk Scott E. Huber, City Attorney 125
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PROPOSAL
Contract Planning Services
For the
City of Oroville
Submitted to:

City of Oroville
Submitted by:

Wes Ervin & Associates
August 3, 2020
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Oroville Planning Wes Ervin & Associates 1 | P a g e
August 3, 2020
Leo DePaola, Director
Community Development Department
City of Oroville
1735 Montgomery Street
Oroville, CA 95965
Dear Leo:

I am pleased to present this proposal to continue uninterrupted the planning services I am currently providing on behalf of the City of Oroville – now at reduced cost. You have seen that my services over the past year have been valuable, especially in the role of helping to re-establish and fully integrate the Planning function into the City’s mission.

Wes Ervin & Associates, a sole proprietorship based in Sacramento County, proposes to contract directly with the City for the same level of service (days, hours, etc), thus eliminating Bureau Veritas as the intermediary. The hourly fee will be a significantly lower at $110 per hour. Wes Ervin & Associates will cover all expenses related to travel and incidentals, and will carry adequate insurance.

The City will continue to provide a workstation, computer, and all necessary supplies and support.

My 30+ years providing planning and economic development services to cities, counties, state agencies and regional organizations throughout the Western US has prepared me to help Oroville succeed as it moves forward with new commercial, industrial, and residential development. I am eager to help with South Oroville revitalization, with recruiting new industry and jobs, with reapproving expired subdivisions, with downtown and corridor revitalization, with creating new housing of all types, and with annexing our adjacent unincorporated areas.

Thank you for your consideration. You can find more detail throughout this proposal, and can reach me at the telephone number below or at [email protected] .

Sincerely,
Wes Ervin
Wes Ervin
Proprietor
Wes Ervin & Associates
6707 Canoe Birch Ct, Citrus Heights, CA 95610
916-216-9141
[email protected]
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Oroville Planning Wes Ervin & Associates 2 | P a g e

SCOPE OF WORK

PROJECT UNDERSTANDING
The City of Oroville must maintain a
proficient and effective planning
function, which until a year ago was
seriously understaffed. At that time,
Oroville engaged Bureau Veritas, a
contract-planning firm that has
effectively re-staffed Planning, Building
and other functions. Staff has since
responded to hundreds of inquiries, and
the City has approved over 250 housing
units, several prominent retail and
commercial projects, began a South Oroville revitalization process, and prepared an annexation. The flow of projects continues unabated.

However, with the cost constraints triggered by the Covid-19 pandemic, the City needs to reduce its contracting costs while at the same time maintaining existing capacity.

Fortunately, current contract Planning staff is able to continue existing service levels at a reduced hourly rate.

ANTICIPATED WORK TASKS
Since late May of 2019, Wes Ervin, sole proprietor of Wes Ervin and Associates, has served as the contract planner for Oroville, as a subcontractor to Bureau Veritas. He is now willing to contract directly with the City, performing the same tasks, including:

1. Managing day to day Planning services, including ongoing permit reviews and applicant interface;

2. Keeping abreast of City Codes and ensure compliance by all new development.

Recommend code changes where appropriate, and providing analyses to the Planning Commission and City Council;

3. Following all required City and State codes and regulations to ensure success while minimizing political and litigation risk;

4. Evaluating complex entitlement applications, including development review, environmental documentation, public meetings, public notices, and Planning Commission and/or City Council approvals;
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Oroville Planning Wes Ervin & Associates 3 | P a g e

5. Acting as staff to the Planning Commission, preparing all agenda items and ands presentations;

6. Conducting informal and official pre-application meetings and/or public meetings related to applications, re-zonings, subdivisions, and other projects;

7. Helping retailers fill our available commercial space, industries fill our industrial space, and small service firms and homeowners thrive;

8. Tracking all permit activities on Trakit, and keeping accurate records and files;

9. Liaising with Housing, Streets, Engineering, Police, Airport, Economic Development, Finance and the City Attorney as appropriate;

10. In general, helping plot out the best use of land and geographic resources, including infrastructure and other urban resources;

11. Working to revitalize South Oroville by improving infrastructure and creating incentives for housing and commercial rehabilitation;

12.As needed, developing planning studies, reports, statistical data and maps on topics such as land use, demographics, tax base data and occupancy rates;

13. Other activities at the discretion of the City Council, City Manager, Planning Commission, and Community Development Directorate.

TERMS
o Wes Ervin and Associates will bill weekly at an hourly rate of $110.00. o Wes will continue to work on-site an average of 20-40 hours per week depending on need, and will work off-site as needed.
o All expenses will be covered by Wes Ervin and Associates, including travel and incidentals;
o The City will continue to provide a workstation, computer, and all necessary supplies and support.
o Wes Ervin & Associates will maintain all licenses and registrations, including obtaining an Oroville Business License;
o Wes Ervin and Associates will carry all required insurances. 133
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Oroville Planning Wes Ervin & Associates 4 | P a g e

SUMMARY OF QUALIFICATIONS

WES ERVIN, PROPRIETOR, WES ERVIN & ASSOCIATES
Wes Ervin has over 30 years of combined employment and consulting in Planning and Economic Development, having worked in that capacity for the State of California, three separate consulting firms, and the County of Yolo. Wes has proven accomplishments in the overlapping aspects of the two professions — including entitlement and permit processing, CEQA and NEPA document preparation, business recruitment & retention, tourism, workforce development, grants and program management, real estate development, downtown revitalization, and demographic and market research. He has the ability to coordinate with all levels of public and private organizations ensuring success of the program or project. He understands and works within existing local, state and federal regulatory frameworks and helps establish appropriate policies.

HIGHLIGHTS RELEVANT TO OROVILLE
 From 2017 - 2019 Wes provided on-site planning and permitting services for the fire-ravaged City of Santa Rosa. His focus was on rapid approvals for residential and commercial project rebuilds in the fire-affected areas;
 From 2006-2014 Wes developed and implemented a complete Yolo County economic development program from scratch, including collaborating with all four cities, the Visitors Bureau, several small community leadership groups, and including managing the Yolo County Airport. o In 2009, Drafted key language for Yolo County’s General Plan Economic Development Element, and worked hand in hand with Community Development on the Land Use Element and several other key projects.
o For the Yolo County General Plan, Wes encouraged the setting aside of 100 acres in the Clarksburg wine appellation for future wineries, a portion of which Bogle later used to build it’s mega-winery;
 In the 1980’s and again in the 1990’s, Wes worked for the Governor’s Office of Planning and Research, working on permit streamlining and CEQA reform, and conducting multi-agency multistate joint CEQA/NEPA reviews of offshore oil and interstate pipeline projects. In the 1990’s Wes managed the Governor’s Office of Permit Assistance;
 As a consultant and government official for several decades, Wes has served various jurisdictions in California, Oregon, and New Mexico. Highlights include:
o Helping recruit the Wal-Mart distribution facility in Red Bluff, Spectra Physics in Oroville, Clark Pacific to an abandoned sugar mill in Woodland, and another 1,000+ jobs throughout California;
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Oroville Planning Wes Ervin & Associates 5 | P a g e
o Completing re-use and feasibility analyses for the Oroville Carnegie Library, the Ukiah Palace Hotel, the Auburn State Theater, and the Penn Valley Community Center; o Obtaining and implementing grants from EDA, USDA, and HCD (CDBG and others) for infrastructure development, small business assistance, downtown revitalization, and many other topics;
o Advising small communities and counties on community planning, economic development, workforce development, industrial park development.

More details and references upon request.
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CITY OF OROVILLE
RESOLUTION NO. 8915

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND

DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT WITH WES ERVIN AND

ASSOCIATES, FOR CONTRACT PLANNING SERVICES
(Agreement No. 3349)
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is directed and authorized to execute an Agreement with Wes Ervin and Associates, for contract Planning services for the City of Oroville.

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

PASSED AND ADOPTED by the Oroville City Council at a regular meeting on December 15, 2020 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Hatley, Smith, Pitman, Goodson, Draper, Thomson, Reynolds None
None
None
Chuck Reynjaras, Mayor
STOFO
ScottHuber, City Attorney
ATTEST:

Bill LaGrone, City Cle
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SERVICES AGREEMENT (PROFESSIONAL SERVICES)
Contract Planning Services
City Agreement No. 3349
This Services Agreement (Professional Services) for professional Contract Planning Services ("Agreement") by and between the City of Oroville, a California charter city ("City"), and Wes Ervin & Associates ("Consultant"), is effective on the Effective Date identified on the signature page.

RECITALS
A. The City desires to obtain the Services more particularly described in this Agree ment and Exhibit "A," and generally including professional Planning Services.

NOW, THEREFORE, the City and the Consultant, for the mutual consideration de scribed herein, agree as follows:

1. SCOPE OF SERVICES.

1.1. Services. Consultant, acting in its capacity as City Planner in good standing un der California law, will perform the Services described in the Proposal of Services, at tached hereto as Exhibit "A" and incorporated herein by reference ("Services"), in ac cordance with the terms and conditions of this Agreement and to the satisfaction of the City's authorized representative, the City Administrator ("City's Authorized Repre sentative").

1.2. Standard of Care. In performing the Services, Consultant will meet or exceed the applicable standard of care for and exercise the degree of skill and diligence ordinarily used by reputable professionals within the State of California who provide the same or similar type of professional Services as the Services required under this Agreement. Con sultant will require and ensure that all of its employees, subconsultants, or agents per forming or contributing to the Services will comply with the requirements of this Agree ment.

1.3. Independent Contractor. Consultant will control the manner and means for per forming the Services, acting as an independent contractor and not as an employee of the City. Consultant will not be entitled to any of the benefits that the City provides to its em ployees, including, but not limited to, health or retirement benefits.

1.4. Subcontracting. If Consultant subcontracts with a subconsultant to perform any of the Services, the City is deemed an intended beneficiary of that subcontract and the subconsultant will owe a duty of due care to the City. City reserves the right to approve or reject any proposed subconsultant, based on the subconsultant's qualifications, relevant experience, or reputation.

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1.5. Third Party Beneficiaries. Except to the extent expressly stated herein, this Agreement will not be construed to create any rights in third parties.

Time for Performance. Time is of the essence for the performance of all Services and duties under this Agreement. Consultant will commence and complete all Services by the dates and within any timeframes set forth by the City and accepted by the Consultant.

Consultant will submit all requests for extensions of time to the City in writing no later than ten days after the start of the circumstances or events giving rise to the delay, and no later than the time by which performance is due. The City's approval of any extension of time for performance of the Services will not operate to waive the City's rights or reme dies with respect to damages caused by Consultant's delay.

1.6. Unsatisfactory Services. Upon written notice from the City that any of the Ser vices are unsatisfactory or fail to comply with the requirements of this Agreement (collec tively, "Unsatisfactory Services"), Consultant will promptly correct or cure any such Un satisfactory Services as specified in the City's written notice. Consultant will not be enti tled to any additional compensation or extension of time to correct or cure the Unsatis factory Services. Consultant's correction or cure of Unsatisfactory Services will not oper ate to waive the City's rights or remedies with respect to any damages caused by the Un satisfactory Services, the cost of which may be recovered by the City as an offset from payment otherwise due or to become due to Consultant.

2. COMPENSATION.

2.1. Payment. The City will pay Consultant for Consultant's time, at the rates and charges set forth in the Compensation Rates and Charges attached hereto as Exhibit "A" and incorporated herein by reference, as compensation in full for Services satisfacto rily performed by Consultant and in compliance with this Agreement. Consultant's total compensation for performing the Services may not exceed the amount without prior writ ten authorization from the City. Consultant will not be entitled to any compensation for additional Services performed without the City's prior written consent, or which exceed the scope of the City's written consent.

2.2. Invoices. Consultant will submit a biweekly invoice to the City's Authorized Representative for the Services provided during the preceding two weeks. At a minimum, the invoice will identify the Services performed, the hours spent performing the Services, the applicable hourly rate. The City will pay the Consultant within 10 days after approval of each invoice, with the exception of any disputed amounts.

3. AUTHORIZED REPRESENTATIVE. Consultant hereby assigns Wes Ervin, to serve as the Consultant's authorized representative ("Consultant's Authorized Representa tive"), to personally participate in and manage the Services provided under this Agree ment, and to serve as the primary point of contact for all matters pertaining to this Agree ment.

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3.1. Substitutions. As a material inducement to entering into this Agreement, the City has relied upon Consultant's representations regarding Consultant's qualifications (including the qualifications of Consultant's Authorized Representative, its personnel, and its subconsultants, if any, as identified on Exhibits "A"). Consultant will not replace Consultant's Authorized Representative (or any of its personnel or its subconsultants, if any, as identified on Exhibits "A") without the City's prior written consent.

4. NOTICES. All notices or requests required or contemplated by this Agreement will be in writing and delivered to the other party's Authorized Representative by personal delivery, U.S. Mail, nationwide overnight delivery service, email, or as otherwise speci fied herein. Delivery is deemed effective upon the first to occur of: (a) actual receipt by a party's Authorized Representative, (b) actual receipt at the address identified below, or (c) three business days following deposit in the U.S. Mail of registered or certified mail sent to the address identified below. A party's contact information, below, may be changed by providing written notice of any change to the other party.

TO CITY: City Administrator
City of Oroville
1735 Montgomery Street
Oroville, CA 95965
[email protected]
TO CONSULTANT: Wes Ervin, Principal
6707 Canoe Birch Ct
Citrus Heights, CA 95610
[email protected]

5. TERM. The term of this Agreement begins on the date it is signed by the City Clerk, below, attesting full execution of the Agreement by both parties ("Effective Date"), and ends upon Consultant's completion of the Services required by this Agreement, unless terminated earlier as provided herein. The following provisions will survive expiration or termination of this Agreement: Section 7.2 (Dispute Resolution), Section 8.1 (Confidential ity), Section 8.4 (Records of Performance), Section 10 (Indemnification), Section 11.4 (Professional Liability), Section 13.3 (Taxes), and Section 14 (General Provisions).

6. CITY'S RIGHT TO TERMINATE. The City may terminate this Agreement for con venience (with or without cause) by providing written notice of termination to Consultant, effective upon the date stated in the notice. If the City terminates the Agreement it will pay Consultant for all Services satisfactorily performed up to and including the effective date of the termination, subject to the provisions of Sections 2and 8.2.

7. DEFAULT AND DISPUTE RESOLUTION.

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7.1. Default. Consultant will be deemed in default of this Agreement if Consultant is not complying with the terms of this Agreement, or the City has reason to believe that Consultant's ability to perform the Services has been or will be impaired. If either of these circumstances exist, the City may give written notice of default to Consultant and demand that the default be cured or corrected within ten days of the notice, unless the City deter mines that additional time is reasonably necessary to cure the default. If Consultant fails to cure the default within of the time specified in the notice, and the Consultant fails to give adequate written assurance of due performance within the specified time, then the City may terminate this Agreement in accordance with Section 6, or the City may pursue dispute resolution in accordance with Section 7.2.

7.2. Dispute Resolution. If any dispute arises between the parties in relation to this Agreement, the Authorized Representatives for each party will meet, in person, as soon as practicable, to engage in a good faith effort to resolve the dispute informally. If the parties are unable to resolve the dispute, in whole or in part, through informal discussions, the par ties agree to participate in mediation. Notwithstanding the existence of a dispute, the Con sultant will continue providing the Services during the course of any dispute, unless other wise directed by the City.

7.2.1. Either party may give written notice to the other party of a request to submit a dispute to mediation, and a mediation session will take place within 60 days of the date that such notice is given, or sooner if reasonably practicable. The parties will jointly appoint a mutually acceptable mediator. The parties will share equally the costs of the mediator; how ever, each party will pay its own costs of preparing for and participating in the mediation, including any legal costs.

7.2.2. Good faith participation in mediation pursuant to this Section is a condition precedent to either party commencing litigation in relation to the dispute. In addition, any claims by Consultant arising from or related to this Agreement, are subject to the claim pre sentment requirements in the Government Claims Act (Government Code section 900 et seq.).

8. INFORMATION AND RECORDS.

8.1. Confidentiality. Consultant will not disclose any information or records related to the performance of this Agreement, including information and records received from the City, as well as information and records created by the Consultant, to any person other than a City employee, unless and only to the extent that the City provides the Consultant with prior written consent to make a disclosure. Consultant will notify the City's Author ized Representative of any request for disclosure of information, or any actual or potential disclosure of information, under this Agreement. Consultant's obligations under this sec tion will survive the termination of this Agreement.

8.2. Title to Records. All original documents or records ("work product"), whether paper or electronic, required by this Agreement to be prepared by Consultant (including its employees and subconsultants), whether complete or in progress, are the property of C:\Users\Jglover\Downloads\Agreement-Wes Ervin (1).docx 140 Item 6.
the City. Consultant will promptly deliver all such work product to the City at the comple tion of the Services, upon termination, or upon demand by the City. However, Consultant may make and keep copies of the work product.

8.3. Contract Cost Disclosure. For any document or report prepared in whole or in part by Consultant pursuant to this Agreement, Consultant will include the numbers and dollar amounts of related contracts or subcontracts as further specified by Government Code Section 7550.

8.4. Records of Performance. Consultant will maintain adequate records of perfor mance under this Agreement (including Services provided, invoices for payment, and payments received) and make these records available to the City for inspection, audit, and copying, during the term of this Agreement and until four years after the Agreement has expired or been terminated.

8.5. Electronic Communications. Consultant will use reasonable good faith efforts to avoid transmitting electronic viruses or other damaging coding, and will promptly advise the City if Consultant discovers that an electronic virus or similar destructive coding may have been transmitted to the City.

8.6. Copvriahts/Patents. In performing the Services under this Agreement, Consult ant will not unlawfully infringe on any copyrighted or patented work. Consultant is solely responsible for the cost of any authorizations necessary to use any copyrighted or pa tented work.

9. ACCIDENT REPORT. If any death, personal injury, or property damage occurs in connection with the performance of the Services, Consultant will promptly submit to the City Clerk's Office a written notice of the incident of damage with the following infor mation:

9.1. A description of the damage including date, time, and location, and whether any City property was involved;

9.1.1. Name and contact information of any witness;

9.1.2. Name and address of the injured or deceased person(s); and

9.1.3. Name and address of Consultant's insurance company.

10. INDEMNIFICATION. To the full extent permitted by law. Consultant will indemnify, hold harmless, release, and defend the City (including its officers, elected or appointed officials, employees, volunteers, and agents) from and against any and all liability or claims (including actions, demands, damages, injuries, settlements, losses, or costs [in cluding legal costs and attorney's fees]) (collectively, "Liability") of any nature, arising out of, pertaining to, or relating to Consultant's negligence, recklessness, or willful mis conduct in the performance of this Agreement. Consistent with Civil Code Section 2782, Consultant will not be obligated to indemnify City for the proportionate share of the Liabil ity caused by the City's active negligence, sole negligence, or willful misconduct. To the C:\Users\Jglover\Downloads\Agreement-Wes Ervin (l).docx 141 Item 6.
extent that Services are "design professional Services," as defined by Civil Code Section 2782.8, the cost to defend charged to the Consultant will not exceed the Consultant's proportionate percentage of fault. Consultant's indemnification obligations under this Agreement are not limited by any limitations of any insurance held by Consultant, includ ing, but not limited to, workers' compensation insurance.

11. INSURANCE. Without limiting Consultant's indemnification obligations in section 10, Consultant will procure and maintain throughout the period of this Agreement, the follow ing policies of insurance and endorsements from insurers (if other than the State Com pensation Fund) with a current A.M. Best rating of no less than A:VII or its equivalent against injury/death to persons or damage to property which may arise from or in con nection with the activities hereunder of Consultant, its agents, employees or subcontrac tors;

11.1. General Liabilitv Policv. Comprehensive or Commercial General Liability Insur ance ("CGL") at least as broad as Insurance Services Office Commercial General Liabil ity coverage (occurrence form CG 0001), in an amount of $1,000,000 per occurrence. If the Services involve explosive, underground or collapse risks, XCU will be included. If a general aggregate limit is used, either the general aggregate limit will apply separately to this Agreement or the general aggregate will be twice the required occurrence limit.

11.2. Automobile Liabilitv Policv. Automobile liability insurance with coverage at least as broad as ISO Form numbers CA 0001 06 92, Code 1 (any auto), for vehicles used in the performance of this Agreement with minimum coverage of not less than $1,000,000 per accident, combined single limit.

11.3. Workers' Compensation. Workers' Compensation insurance meeting statutory limits of the Labor Code. The workers' compensation policy will contain or be endorsed to contain a waiver of subrogation against the City, its officials, officers, agents, and em ployees.

11.4. Professional Liabilitv. Professional liability insurance insuring against Consult ant's errors and omissions in performing the Services, with a policy limit of at least $1,000,000. The professional liability insurance will include prior acts coverage sufficient to cover all Services provided by Consultant, and which will remain in effect for four years following expiration or termination of this Agreement.

11.5. Endorsements. The CGL and automotive liability policies will contain or be en dorsed with the following provisions:

11.5.1. The City, its officers, elected or appointed officials, employees, volunteers, and agents, are covered as additional insureds for liability arising out of the operations performed by or on behalf of Consultant. The coverage will contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, volun teers, and agents.

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11.6. All Policies.

11.6.1. For all insurance policies required under this Agreement, prior to the City's execution of this Agreement, Consultant will furnish the City with certificates and original endorsements effecting the required coverage. Each certificate of insurance will state that the coverage afforded by the policy or policies will not be reduced, cancelled, or al lowed to expire without at least 30 days written notice to City, unless due to non-payment of premiums, in which case at least 10 days written notice is required. Notice required under this subsection will be sent by certified mail. Each required policy will include an endorsement providing that the insurer agrees to waive any right of subrogation it may have against the City. The endorsements will be on forms provided by City or as ap proved by City's Risk Manager.

11.6.2. Any deductible or self-insured retention of $100,000 or more will be dis closed to the City prior to the City's execution of this Agreement and is subject to ap proval by the City.

11.6.3. If Consultant does not keep all required insurance policies in full force and effect, the City may, in addition to other remedies under this Agreement, terminate or suspend this Agreement.

12. CONFLICTS OF INTEREST. Consultant warrants that as of the Effective Date of this Agreement it has no interest and will not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the Services. Consultant further warrants that in the performance of the Services, Consultant will not employ or enter into a subcontract with any person or entity having any such conflict of interest.

12.1. Financial Interest. Consultant will not make or participate in making or in any way attempt to use Consultant's position to influence a City decision in which Consultant knows, or has reason to know. Consultant has a financial interest other than the com pensation promised by this Agreement. Consultant represents that it has diligently con ducted a search and inventory of its financial interests, as defined in the regulations promulgated by the Fair Political Practices Commission, and has determined that Con sultant does not, to the best of Consultant's knowledge, have a financial interest that would conflict with Consultant's duties under this Agreement. Consultant will immediately notify the City in writing if Consultant learns of a financial interest that may conflict with Consultant's obligations under this Agreement.

12.2. Covenant Against Contingent Fees. Consultant warrants that it has not em ployed, retained, or entered into a contract with any person or entity, other than a bona fide employee working for the Consultant, to solicit or secure this Agreement; and that it has not paid or agreed to pay any person or entity, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the making of this Agreement. For breach or violation of this war ranty, the City may void this Agreement without liability or any further obligation to C:\Users\Jglover\Downloads\Agreement-Wes Ervin (1).docx 143
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Consultant, or, alternatively, may elect to deduct from payments due or to become due to Consultant, the full amount of such fee, commission, percentage, brokerage fee, gift, or other consideration.

12.3. Statement of Economic Interest. If the City determines Consultant (or any of its employees or subconsultants) is subject to disclosure requirements under the Political Reform Act (Government Code section 87100 et seq.). Consultant (including any required employees or subconsultants) will complete and file a "Statement of Economic Interest" (Form 700) with the City Clerk's Office disclosing Consultant's financial interests.

13. COMPLIANCE WITH LAW.

13.1. Legal and Licensing Compliance. Consultant will comply with all applicable fed eral, state and local laws, rules, and regulations related to the Services under this Agree ment. Consultant represents and warrants to City that Consultant has and will keep in ef fect during the term of this Agreement all licenses (including, but not limited to, the City of Oroville business license), permits, qualifications, and approvals of whatsoever nature which are legally required for Consultant to practice Consultant's profession or perform the Services.

13.2. Nondiscrimination. At all times during the term of this Agreement, Consultant will comply with all applicable federal, state, and local laws, rules, and regulations prohib iting discrimination based on race, ethnicity, color, national origin, religion, marital status, age, sex, sexual orientation, disability (including any physical or mental impairment that substantially limits a major life activity), medical condition, or any protected class.

13.3. Taxes. Consultant will file tax returns as required by law and pay all applicable taxes on amounts paid pursuant to this Agreement. Consultant will be solely liable and responsible to pay such taxes and other obligations, including, but not limited to, state and federal income and PICA taxes.

13.4. Provisions Deemed Inserted. Every provision of law required to be inserted or referenced in this Agreement will be deemed to be inserted or referenced.

14. GENERAL PROVISIONS.

14.1. Headings. The heading titles for each section of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement.

14.2. Severabilitv. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unen forceable, the Agreement will be construed as not containing that term, and the remain der of this Agreement will remain in full force and effect; provided, however, this section C:\UsersVJglover\Downloads\Agreement-Wes Ervin (1).docx 144 Item 6.
will not be applied to the extent that it would result in a frustration of the parties' intent un der this Agreement.

14.3. Governing Law. Jurisdiction, and Venue. The interpretation, validity, and en forcement of this Agreement will be governed and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement will be filed and heard in a court of competent jurisdiction in the County of Butte.

14.4. Attornev's Fees. If any litigation is commenced to enforce or interpret this Agreement, the prevailing party is entitled to reasonable attorney's fees, costs, and ex penses incurred.

14.5. Assignment and Delegation. This Agreement will not be assigned or trans ferred in whole or in part, nor will any of the Consultant's duties be delegated, without the City's prior written consent. Any attempt to assign, transfer, or delegate this Agreement, in whole or any part, without the City's prior written consent will be void and of no force or effect. Any consent by the City to one assignment, transfer, or delegation will not be deemed to be consent to any subsequent assignment, transfer, or delegation.

14.6. Modifications. This Agreement may not be amended or modified orally. No amendment or modification of this Agreement is binding unless it is in a writing signed by both parties.

14.7. Waivers. No waiver of a breach, default, or duty under this Agreement will be effective unless it is in writing and signed by the party waiving the breach, default, or duty.

Waiver of a breach, default, or duty under this Agreement will not constitute a continuing waiver or a waiver of any subsequent breach, default, or duty under this Agreement.

14.8. Entire Agreement. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the Services. This Agreement supersedes all prior negotiations, agreements, and understandings regarding this matter, whether written or oral. The documents incor porated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all. If any provision in any document attached or incorporated into this Agreement conflicts or is inconsistent with a provision in the body of this Agree ment, the provisions in the body of this Agreement will control over any such conflicting or inconsistent provisions.

14.9. Interpretation. Each party to this Agreement has had an opportunity to review the Agreement, and to consult with its respective legal counsel regarding the meaning of the Agreement. Accordingly, Civil Code Section 1654 will not apply to interpret any un certainty in the meaning of the Agreement.

15. SIGNATURES.

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15.1. Counterparts. This Agreement may be executed in counterparts, each one of which is deemed an original, but all of which together constitute a single instrument.

15.2. Signatures. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Consultant and the City.

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effec tive on the Effective Date set forth below.

CITY:

CITYOFOROVILLE,
a California charter city
Bv: ^ _
Chuck^eyrfold^ Mayor
CONSULTANT:

Wes Ervin & Associates
By: V -S'
Was Ervin, Principal
ATTEST:

By:

BifTLaGrone, City C\e^^
Date: TVojn. ("Effective Date")
APPROVED AS TO FORM:

Scott Huber, City Attorney
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EXHIBIT "A"

SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE
1) SCOPE OF SERVICES. Consultant will perform the Services described in this Exhibit "A," in accordance with the terms of the Agreement.
2) SCHEDULE OF PERFORMANCE.
a) REQUESTS FOR SERVICES. Upon request by City, Consultant will provide the Services described above, beginning and ending on dates as provided in the individual tasks orders. The Services will be provided for a variety of individual matters, as re quired by the City. Upon request by the City's Authorized Representative for Consult ant to perform Services for a particular matter, Consultant will provide a written esti mate of the time within which Services for the matter will be completed, and the esti mated cost for providing the requested Services. Following written authorization from the City's Authorized Representative, Consultant will perform and complete the Ser vices as specified in the written authorization. Consultant is not entitled to payment for any Services performed without a written authorization, or for Services that exceed the scope of a written authorization. For purposes of this Section, the written estimate and written authorization may be provided on paper or in an electronicform. 3) PREVAILING WAGE COMPLIANCE. If this Agreement includes work performed dur ing the "design and preconstruction phases of construction" (including inspection or field surveying Services), as defined by "Prevailing Wage Laws" (as set forth in the California Labor Code, including section 1720 et seq.), the City hereby determines that those Ser vices are "public works," and this Agreement is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, and all related regulations, including requirements pertaining to wages, working hours, and workers' compensation insurance, and the following provisions. Subconsultants performing "public works" under this Agree ment are subject to all of the requirements of this Section. 4) PREVAILING WAGES. Consultant must comply with the prevailing wage require ments applicable in Butte County for each craft, classification, or type of worker needed to perform the Services, including employer payments for health and welfare, pension, vacation, and apprenticeship. The prevailing wage rates are on file with the City Engi neer's office and are also available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775, Consultant will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevail ing wage rate, in addition to paying each such worker the difference between the appli cable prevailing wage rate and the amount actual paid to the worker. 5) WORKING HOURS. Pursuant to Labor Code section 1810, eight hours of labor con stitutes a legal day's work. Pursuant to Labor Code section 1813, Consultant will forfeit to City as a penalty, the sum of $25 for each day during which a worker employed by Consultant is required or permitted to work more than eight hours during any one C:\Users\Jglover\Downloads\Agreement-Wes Ervin (l).docx 148 Item 6.
calendar day, or more than 40 hours per calendar week, unless such worker is paid overtime wages pursuant to Labor Code section 1815. All Services must be performed during City's regular business days and hours, except as otherwise specified in this Agreement or subject to City's prior written authorization. 6) PAYROLL RECORDS. Consultant must maintain certified payroll records in compli ance with Labor Code sections 1776 and 1812, and any implementing regulations promulgated by the Department of Industrial Relations ("DIR"). For each payroll record.

Consultant must certify under penalty of perjury that the information in the payroll is true and correct and complies with the requirements of Labor Code sections 1771, 1861, and 1815. Consultant must electronically submit certified payroll records as required by Labor Code section 1771.4(a).
7) APPRENTICES. If the total compensation payable under this Agreement is $30,000 or more. Consultant must comply with the apprenticeship requirements in Labor Code section 1777.5.
8) COMPLIANCE. The Agreement is subject to compliance monitoring and enforce ment by the DIR. Pursuant to Labor Code section 1725.5, Consultant must be regis tered with the DIR to perform public works projects, subject to any applicable excep tions, if any. Consultant must post all job site notices required by laws or regulations pursuant to Labor Code section 1771.4. Pursuant to Labor Code section 1861, by exe cuting this Agreement, Consultant certifies as follows: "I am aware of the provisions of Labor Code 3700 which require every employer to be insured against liability for work ers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing performance of the work on this contract."
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EXHIBIT "A" COMPENSATION RATES AND CHARGES

1. AUTHORIZED HOURLY RATES:

Consultant will be compensated for time reasonably necessary to provide the Services based on the following hourly rate schedule.

Wes Ervin & Associates
Position: Hourlv Rate:

Planner $110.00
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS
FROM: DAWN NEVERS, ASST. COMMUNITY DEVELOPMENT DIRECTOR RE: AGREEMENT WITH BRANDLEY ENGINEERING FOR CONSULTING

SERVICES FOR THE OROVILLE MUNICIPAL AIRPORT
DATE: NOVEMBER 15, 2022

SUMMARY
The Council will consider an agreement with Brandley Engineering for consulting services in support of planning and construction work related to the Oroville Municipal Airport.

DISCUSSION
Brandley Engineering has worked with the Oroville Municipal Airport for the last 37 years on various plans and improvement projects. The previous agreement was amended or supplemented several times for individual projects or action and has since expired.

This new agreement for services will cover all planned actions and projects needed over a five (5) year period. With this agreement in place various activities can be accomplished without the need for individual amendments for each project or requirement.

The services include preparation of annual Airport Capital Improvement Program (CIP) documentation, grant documentation, engineering design for airport construction projects, and related documentation to meet Federal Aviation Administration (FAA) requirements.

Staff has found the previous services of Brandley Engineering to be satisfactory and have been very successful meeting or complying with FAA requests or requirements.

FISCAL IMPACT
No impact to the General Fund. This was a request for a Statement of Interest and Qualifications. Services under this contract will only be performed using the Airport Fund or Grants as they are applied for; a detailed cost proposal will be determined based on specific projects and presented to Council for approval.

RECOMMENDATION
151
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Adopt Resolution No. 9107 – A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT

WITH BRANDLEY ENGINEERING FOR CONSULTING SERVICES FOR THE OROVILLE MUNICIPAL AIRPORT – (Agreement No. 3322-3).

ATTACHMENTS
Resolution No. 9107
Agreement No. 3322-3
152
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CITY OF OROVILLE
RESOLUTION NO. 9107

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORING AND DIRECTING

THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BRADLEY ENGINEERING, AIRPORT CONSULTING ENGINEER– Agreement No. 3322- 3 NOW, THEREFORE, BE IT RESOLVED by the Oroville City Council as follows:

1. The Oroville City Administrator is hereby authorized and directed to execute the agreement with Brandley Engineering for consulting services for the Oroville Municipal Airport.

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

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting on November 15, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Chuck Reynolds, Mayor
APPROVED AS TO FORM: ATTEST:

Scott E. Huber, City Attorney Jackie Glover, Assistant City Clerk 153
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AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of November 15, 2022, by and between the City of Oroville (“City”) and Brandley Engineering, Consulting Airport Engineer (“Consultant”).

RECITALS
A. The Consultant is specially trained, experienced and competent to provide professional engineering services relating to airport consulting as required by this Agreement; and
B. The Consultant possesses the skill, experience, ability, background, license, certification, and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

C. City desires to retain Consultant to render professional services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. The Consultant shall complete all services in a professional manner. Consultant shall complete the services described in the Brandley Engineering proposal attached as Exhibit “A” which is incorporated herein by reference.

2. Time of Performance. The services of Consultant shall commence upon execution of this Agreement and shall be completed five (5) years from the date of this agreement.

3. Compensation. The City will pay Consultant for Consultant’s time and authorized expenses necessary to perform the Services, at the rates and 154
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charges set forth in the Compensation Rates and Charges attached hereto as Exhibit “B” and incorporated herein by reference, as compensation in full for Services satisfactorily performed under task orders accepted by Consultant and in compliance with this Agreement. Consultant’s total compensation for performing the Services may not exceed the amount specified in task orders without prior written authorization from the City. If the City authorizes Consultant to perform Services in addition to the Scope of Services set forth in Exhibit “A,” Consultant will be compensated in accordance with the rates and charges in Exhibit “B.” Consultant will not be entitled to any compensation for additional Services performed without the City’s prior written consent, or which exceed the scope of the City’s written consent.

4. Method of Payment. Consultant shall submit monthly invoices to City describing the work performed during the preceding month. Consultant’s invoices shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.

5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of Consultant’s services, but which the parties did not reasonably anticipate would be necessary at the execution of this 155
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Agreement. Consultant shall not perform, nor be compensated for, Extra Work without prior written authorization from City.

6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon fifteen days’ written notice of termination. Upon termination, Consultant shall be entitled to compensation for services properly performed up to the effective date of termination.

7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents, and other writings to City within three (3) days after written request.

8. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in documents or works of authorship fixed in any tangible medium of expression, including but not limited to, data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). 156
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Consultant shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which may be provided to Consultant by City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

9. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential.

Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any 157
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magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

10. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Administrator, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when its practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents 158
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may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above named officers, require that custody of the records be given to the City and that the records and documents be maintained by City Hall.

11. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to any such rights.

12. Interest of Consultant. Consultant (including principals, associates, and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel independent of the control and direction of the City or any City official, 159
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other than normal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)

13. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.

14. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.

15. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are required by the City for its business.

16. Indemnity. Consultant agrees to indemnify and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or 160
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indirect (including reimbursement of reasonable costs and expenses in connection therein), arising from its negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising from the negligence or willful misconduct of the City, its officers, agents, employees or volunteers.

With regard to any claim alleging Consultant’s negligent performance of professional services, Consultant’s defense obligation under this indemnity paragraph means only the reimbursement of reasonable defense costs to the proportionate extent of its actual indemnity obligation hereunder.

17. Insurance Requirements. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the Agreement, the insurance coverage and policies as set forth in Exhibit “B” attached hereto.

18. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: Bill LaGrone, City Administrator
City of Oroville
1735 Montgomery Street
Oroville, CA 95965-4897
161
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If to Consultant: Melissa Brandley, Corporate Secretary/CFO 6125 King Road, Suite 201
Loomis, California 95650
Attn: Melissa Brandley

19. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations are superseded in total by this Agreement.

20. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

21. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express prior written consent of the City.

Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.

22. Waiver. Waiver of a breach or default under this Agreement shall not 162
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constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

23. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

24. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in Butte County Superior Court or the United States District Court, Eastern District of California.

25. Litigation Expenses and Attorney’s Fees. If either party to this Agreement commences any legal action against the other part arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

26. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

27. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this 163
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Agreement and to bind each respective party.

28. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement.

Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

29. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, disability, ancestry, sex or age. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
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CITY OF OROVILLE
By: ___________________________ By: ___________________________ Chuck Reynolds, Mayor Reinard Brandley, Airport
Consulting Engineer
APPROVED AS TO FORM: ATTEST:

By: ____________________________ By: ___________________________ Scott E. Huber, City Attorney Jackie Glover, Assistant City Clerk Attachments:Exhibit A - Consultant Proposal
Exhibit B - Compensation Rates and Charges
Exhibit C - Insurance Requirements
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BRANDLEY
DATE OF SUBMISSION: October 14, 2022

STATEMENT OF QUALIFICATIONS
Planning Services for Airport Capital Improvement Plan

OROVILLE MUNICIPAL AIRPORT
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BRANDLEY ENGINEERING, INC.

October 14, 2022
Jackie Glover
Assistant City Clerk
City of Oroville
1735 Montgomery Street
Oroville, CA 95965
Subject: Statement of Qualifications for
Planning Services for Airport Capital Improvement Plan
Oroville Municipal Airport
Dear Ms. Glover:

In response to your Request for Request for Qualifications for Planning Services for Airport Capital Improvement Plan for the Oroville Municipal Airport, we are delighted to have the opportunity to continue to work with the City of Oroville on the planning and development of the Oroville Municipal Airport.

The office of Brandley Engineering specializes in airport planning, engineering, environmental, and construction management services for all types of airport projects. Our office has completed numerous Airport Layout Plan updates and AGIS surveys and obstruction studies at many airports throughout Northern and Central California, including the 1990 Master Plan and 2013 Airport Layout Plan update for the Oroville Municipal Airport.

Jim Wallace of Wallace Environmental Consulting conducts all environmental studies for Brandley Engineering and has over 40 years of experience as an environmental consultant, including the last 24 years as an environmental compliance and resource manager on federally obligated airports, including the Oroville Municipal Airport.

Brandley Engineering has worked with Oroville Municipal Airport for the last 37 years. We have intimate knowledge of conditions at the airport and can continue providing planning and environmental services to Oroville Municipal Airport without interruption.

Melissa Brandley will be the project manager on all Oroville Municipal Airport planning and environmental projects. Contact information for Melissa is as follows:

Melissa Brandley, P.E.
6125 King Road, Suite 201, Loomis, CA 95650
Telephone: 916-316-1415 . Fax: 916-652-9029
[email protected]
Brandley Engineering has enjoyed working with the City of Oroville on the development of the Oroville Municipal Airport for the past 37 years and looks forward to a continued association with the City on the future planning of the Airport.

Very truly yours,
Melissa S. Brandley, P.E.

Corporate Secretary/CFO
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STATEMENT OF

QUALIFICATIONS

PLANNING SERVICES FOR

AIRPORT CAPITAL IMPROVEMENT PLAN

OROVILLE MUNICIPAL AIRPORT
SECTION 1 STATEMENT OF QUALIFICATIONS 1-1
1-1 GENERAL QUALIFICATIONS 1-1
1-2 EXPERIENCE 1-5
1-3 WORKING WITH GOVERNMENTAL AGENCIES 1-9
1-4 SUPPORTING INFORMATION 1-10
SECTION 2 STAFF AND SUBCONSULTANT QUALIFICATIONS 2-1
2-1 ORGANIZATIONAL STRUCTURE 2-1
2-2 RESUMES 2-3
SECTION 3 APPROACH TO PROJECTS 3-1
3-1 AIRPORT CAPITAL IMPROVEMENT PROGRAM (ACIP) 3-1
3-2 FAA AIRPORT IMPROVEMENT PROGRAM (AIP) 3-2
3-3 AIRPORT MASTER PLANNING 3-2
3-4 ENVIRONMENTAL SERVICES 3-6
3-5 DEMONSTRATED ABILITY TO RESPOND QUICKLY 3-7

TABLE OF CONTENTS
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1-1 GENERAL QUALIFICATIONS
The City of Oroville is requesting statements of qualifications from qualified airport planning and environmental consulting firms for projects planned at the Oroville Municipal Airport over the next five years. Services required will be development and preparation of the Airport Capital Improvement Plan (ACIP), preparation of applications for Federal Aviation Administration Airport Improvement Program (AIP) grant funding, preparation of an Airport Layout Plan Narrative with Updated ALP Plans and an aeronautical study, environmental studies to satisfy requirements of NEPA and CEQA, and other miscellaneous airport planning and environmental consulting services required by the City.

Brandley Engineering, Inc. is a consulting airport engineering office with one hundred percent of our business devoted to airport grant administration, planning, environmental, design, engineering, and construction management services for all types of airport development projects. Reinard W. Brandley, P.E., founded the firm in 1953, and operated the firm under Reinard W. Brandley, Consulting Airport Engineer, until 2020 at which time it was transitioned to an S Corporation, Brandley Engineering Inc., with ownership by Melissa Brandley and Damon Brandley. Brandley Engineering has performed airport grant administration, engineering design, airport planning and construction management services for the past 69 years. The upcoming projects at the Oroville Municipal Airport fit within our primary area of focus and expertise.

Brandley Engineering and Wallace Environmental Consulting have been providing Planning and Environmental services to the City of Oroville for projects at the Oroville Municipal Airport since 1985. Our office has intimate knowledge of the layout, needs, and environmental issues at this airport and can provide planning and environmental services to the City without the need for extensive data gathering and research. Examples of planning and environmental projects completed for the Oroville Municipal Airport include:
 Airport Master Plan Study that included environmental studies, airport layout plan drawings and master plan report, model zoning ordinance, soil studies and pavement evaluation studies, and all other features required as part of a Master Plan Study – Completed in 1990.  Extensive environmental studies and mitigation plans to protect the endangered species of fairy shrimp on the airport as part of the engineering design of the extension of Runway 2-20. The data from these environmental studies and resulting mitigation will be invaluable to the future planning of Oroville Municipal Airport in order to develop a practical plan for development of the airport that minimizes disturbance of these environmentally sensitive areas on the airport.  Airport Layout Plan Update including a narrative report and all required airport layout plan drawings.

Completed in 2013.

AIRPORT CAPITAL IMPROVEMENT PLAN (ACIP)
For all our clients we provide assistance in planning and development of their Airport Capital Improvement Plan (ACIP), including meeting with the client and the FAA to review the desired development at the airport and preparing the ACIP including estimates of cost and sketch maps.

The new Bipartisan Infrastructure Law (BIL) funding allocates approximately $159,000 per year for 2022 thru 2026 to Oroville Municipal Airport. This money is available to fund a variety of needs. Brandley Engineering’s expertise allows us to optimize the project prioritization of this funding source and provide funding for projects that would not otherwise compete well for FAA funding or prioritization.

Our approach to development of a useful and practical Airport Capital Improvement Plan (ACIP) centers around a detailed knowledge of the Airport, including the existing infrastructure (pavements, lighting,

STATEMENT OF QUALIFICATIONS
SECTION 1
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navigational aids etc.) and how the Airport serves its surrounding community. This enables us to identify and prioritize upcoming projects to both maintain and improve the existing infrastructure and to develop new infrastructure to allow the Airport to better serve its community. The Airport’s Pavement Maintenance Management Plan (PMMP) is a valuable guide in prioritizing the rehabilitation needs of existing pavements, and the Airport’s Airport Layout Plan and Narrative Report is a valuable guide in prioritizing the need for new development on the Airport.

Careful coordination with FAA is a key step in the ACIP process. Each year the FAA holds meetings with airport sponsors to discuss proposed airport development and improvements over the next 5 years. Our office attends these meetings with our clients to assist in the presentation to the FAA of the Airport’s needs and to optimize FAA support for funding our client’s proposed development included in their ACIP.

The ideal ACIP includes finding a balance between the Airport’s needs and priorities and FAA’s funding priorities, as well as the client’s available matching funds. As a result, we develop an ACIP that provides the Airport with a useful and realistic plan to achieve their goals and places the Airport in a position to have the maximum competitive advantage for receiving discretionary funding for FAA AIP grants.

Brandley Engineering’s close working relationship with the FAA offices at the District and Regional levels positions our office to know when and where Federal funding is available and to optimize the potential of obtaining funding for development of the Oroville Municipal Airport.

APPLICATIONS AND MANAGEMENT FOR FAA AIP GRANT FUNDING
Once the ACIP has been prepared and submitted to the FAA, our office prepares all necessary applications and documentation for the FAA AIP and BIL grant funding and for the Caltrans matching funds program.

This documentation includes cost estimates, program narratives, sketch maps, and all certifications required by the FAA. A high priority is placed on a detailed quality control process and thorough final review to ensure each application is complete and meets all FAA requirements in order to fast track the FAA review process and place our clients in a position to maximize competitiveness for FAA grant funding.

Once an AIP grant has been issued for airport development, planning, or environmental, our office works closely with our client to ensure all required paperwork is completed within FAA’s or Caltrans’ timeframes and criteria. This includes preparation of grant drawdown requests, quarterly reports, annual and final Federal financial reports, and grant closeout documents including financial reports and final certifications.

AVIATION PLANNING SERVICES
Brandley Engineering has a unique and highly qualified airport planning staff. All members of our management team have advanced master’s degrees in Civil Engineering and have devoted their entire careers to Airport Planning and Design. Our supporting staff consist of a team of qualified, experienced planners and support staff who have spent their entire aviation careers with our firm. Damon Brandley, Melissa Brandley and Tom Steinkamp, Airport Engineers/Planners in our office, collectively have over 50 years’ experience in aviation planning, including the Oroville Municipal Airport.

Brandley Engineering was part of the original planning and design team for the Sacramento Metropolitan Airport (now Sacramento International Airport) when the airport was first constructed. We performed a site selection study and airport planning for a new Pahrump Valley Airport. We have performed many planning services including site selection studies, airport master planning, airport layout plan updates, terminal area studies, economic evaluations and forecasts, land use compatibility studies, obstruction studies, noise studies, and utility master planning for many airports.

The airport study work program will conform to the phases and elements of work as described in F.A.A.

Advisory Circular 150/5070-6, Airport Master Plans, latest edition, and will be prepared to meet all requirements of SOP 2.0, Standard Procedure for FAA Review and Approval of Airport Layout Plans (ALPs). The Airport Property Map, Exhibit “A”, will conform to all requirements of SOP 3.0, Standard 170
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Operating Procedure (SOP) for FAA Review of Exhibit “A” Airport Property Inventory Maps. Data presented will conform to all criteria contained in FAA Advisory Circular 150/5300-13B, Airport Design.

Appropriate data and recommendations from area-wide planning agencies and the California Department of Transportation, Division of Aeronautics, will be utilized and evaluated in this study.

Brandley Engineering’s proven planning excellence has made our quality name known throughout Northern and Central California. By focusing on airport planning and design, we can provide a high-quality plan that will meet all standards and needs of our clients, the Federal Aviation Administration and Caltrans Division of Aeronautics.

Brandley Engineering will team with Woolpert, Inc., for the development of an Airport Geospatial Information System (AGIS) and obstruction mitigation plan for the Oroville Municipal Airport. Woolpert has successfully performed geospatial and aeronautical surveys at more than 1,900 airports (2,200 projects).

Out of these 1,900 airports, 62 have been completed in the State of California, with 45 of those involving submitting data to Airports GIS (AGIS). Overall, Woolpert has more than 650 projects, completed, within the FAA’s Airports GIS system, more than any other consultant in the country. While mostly focused on aeronautical (obstruction) surveys, these services also included numerous Lidar surveys, geodetic control establishment, mapping, GIS implementation, Subsurface Utility Engineering (SUE) and site engineering.

Woolpert brings decades of experience working with the FAA in support of NextGen technologies and spatial data at airports and within a regional airspace and delivering these projects on-time and under budget. Woolpert has also developed the FAA’s on-line airport GIS training program (FAA IDLE) that is guiding the aviation industry on the FAA AGIS data standards. As a result, Woolpert has more FAA IDLE Level 3 certified staff than any firm in the country.

The experience of Brandley Engineering in working with all branches of the Federal Aviation Administration over the past 69 years has enabled our firm to be very familiar with procedures, regulations, funding, and all other aspects pertaining to airport planning and environmental. This knowledge has been passed on to all staff members and qualifies our office to provide liaison with the FAA on behalf of Airports at any district or field office. All staff members are kept up to date on all FAA Advisory Circulars and Design Guidelines.

AIRPORT ENVIRONMENTAL STUDIES, ASSESSMENTS, AND REPORTS Brandley Engineering will team with Jim Wallace of Wallace Environmental Consulting, Inc. on all environmental studies. Jim Wallace established Wallace Environmental Consulting, Inc. (WEC) in 1997 after twenty years as an environmental and natural resources consultant working throughout the western United States.

WEC provides environmental compliance, permitting and strategic project planning services while focusing on two industries – airports and aviation, and mineral exploration and mining. Jim has over 40 years of environmental and natural resources consulting experience including 24 years preparing over 250 NEPA and CEQA compliance documents for over 30 airports in Northern California and provided environmental compliance and permitting services to nearly 100 mineral exploration and mining projects throughout the intermountain west.

Wallace Environmental Consulting, Inc. has been performing environmental studies for the Oroville Municipal Airport since 2009 and has prepared Extraordinary Circumstances Evaluations for Categorical Exclusion for all proposed projects on the Oroville Municipal Airport since that time. In 2013 Wallace Environmental prepared an Extraordinary Circumstances Evaluation for Categorical Exclusion for the proposed drainage improvements, including construction of a culvert under Runway 2-20, which included a Biological and Cultural Resources Update.

WEC’s airport and aviation experience includes a close working relationship with the FAA’s SFO ADO and a thorough understanding of FAA’s NEPA compliance procedures and environmental compliance relationships with special purpose laws such as the Endangered Species Act, Clean Water Act and the National Historic Preservation Act. Our range of airport projects include runway, taxiway and apron reconstruction and repair; runway and taxiway extensions; obstruction removal; drainage improvements; passenger terminal expansion and new construction; security fences; runway safety area improvements and expansion and land acquisition.
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Every airport faces unique environmental circumstances. WEC has worked on airports that are designated critical habitat; or are the site of significant historical and cultural resources; airports that are adjacent to major wildlife attractants or are restrained by extensive wetlands and endangered species.

MISCELLANEOUS AIRPORT PLANNING AND CONSULTING SUPPORT SERVICES From time to time the City may require miscellaneous airport planning and consulting support services.

These services may include, but not be limited to:
 Land Use Compatibility Consulting – FAA Grant Assurance 21 requires the Airport to take appropriate action to restrict the use of land adjacent to or in the vicinity of the airport to activities and purposes compatible with normal airport operations. With the rapid growth many cities such as Oroville are experiencing, new proposed developments often encroach upon the airport. Some on and off airport developments pose incompatible land uses. We assist our clients in evaluating proposed developments to ensure they adequately protect the airport and follow proper procedures for FAA approval. This ensures protection of the airport and keeps the airport in compliance with FAA grant assurances
 7460 Airspace Analysis – Brandley Engineering will provide 7460 airspace analysis on any new proposed development on or near the airport to ensure the proposed development does not encroach on any airport airspaces surfaces. If the proposed development is compatible with airport airspace requirements, we will file the 7460 Notice of Proposed Construction or Alteration with the FAA for FAA airspace approval of the development.
 ALP Maintenance and Update – Over time, airport plans change and new developments are often proposed that are not shown on the approved ALP. Brandley Engineering will assist the airport in evaluating whether proposed development is eligible for a Pen & Ink ALP update and prepare the Pen and Ink ALP Update for submission to the FAA. We also provide FAA coordination throughout the FAA review and approval process. Brandley Engineering also updates the Airport Layout Plan after any construction project that changes the details shown on the conditionally approved ALP.  Grant Assurance Compliance – Every grant issued by the FAA to airport sponsors include requirements and assurances that the sponsor must follow. Brandley Engineering is very familiar with these requirements and assurances and can guide our clients to ensure that they are following all requirements of the FAA.
 Land Acquisition – As the airport develops, land acquisition may become necessary for Airport Improvement Program (AIP) assisted airport development or noise mitigation. In 1992 Brandley Engineering assisted the City of Oroville with the acquisition of approximately 132 acres of land for approach protection to provide ownership of all property between the airport and the Lake Oroville After Bay. Our office can assist the City with environmental studies, applications for FAA funding of the land acquisition, negotiations with property owners, and all documentation required by FAA. The airport land acquisition program will conform to the phases and elements of work as described in F.A.A. Advisory Circular 150/5100-17, Land Acquisition and Relocation Assistance for Airport Improvement Program (AIP) Assisted Projects.
 Discussions with the FAA regarding the work program – Throughout the entire planning and environmental process, Brandley Engineering meets with the client and the FAA to discuss Airport and FAA requirements, funding requirements, any environmental issues, and any other critical details regarding the work program.
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The team of Brandley Engineering and Wallace Environmental Consulting has completed numerous airfield planning and environmental assignments for general aviation airports in rural areas that directly relate to the projects proposed at the Oroville Municipal Airport. Over the past 69 years we have provided a broad range of services to all sizes of airports throughout the United States. The projects described on the next several pages have included the types of services that will be required during the planning and environmental for Airport Development Projects at the Oroville Municipal Airport.

AIRPORT PLANNING PROJECTS
Project Location and Owner: Tracy Municipal Airport, City of Tracy, California
Project Name: Airport Layout Plan Narrative with Updated ALP Drawings including an Obstruction Mitigation Plan and Aeronautical Study, 2019-2022
Brief Project Description: An Airport Layout Plan Update was prepared for the Tracy Municipal Airport. Due to its proximity to the Bay Area, Tracy is a fast-growing community resulting in rapidly changing needs for the airport. The changing demographics and growth have increased general aviation operations and helicopter operations as well as justifying forecast growth of business jet traffic and eVTOL activity. The ALP included a new helicopter parking apron, eVTOL heliport, parking and charging, expanded FBO facilities, a new general aviation terminal building, a cost benefit analysis of a restaurant or food truck area, expanded hangar developments, GA apron expansion, new taxiway lighting and fencing and security upgrades. This planning project identified deficiencies in the wind coverage triggering a feasibility study for reorientation of the two existing runways with special emphasis a runway length analysis. This planning study identified several on airport utility features that were serving off airport developments without adequate easements or payment to the airport for this non-aeronautical use. This resulted in a FAA compliance review. Brandley Engineering is assisting the City with the FAA compliance review and developing a proposed resolution to satisfy FAA in a manner most beneficial to the Airport and City.

Contact: Paula Jessup, Airport Manager, Tracy Municipal Airport, (209) 831-6215, [email protected]
Specific Involvement: All items of work required for an ALP Update including project scoping, aviation forecasts and determination of critical aircraft, determination of facility requirements, evaluation of alternative development, preparation of Airport Layout Plan drawings and Narrative Report, City meetings, public meetings, and coordination with FAA.

Status of Completion: AGIS complete. ALP Drawings and Narrative in review by Airport.

Project Location and Owner: Mammoth Yosemite Airport, Town of Mammoth Lakes, California Project Name: Airport Layout Plan Narrative with Updated ALP Drawings, 2019-2022 Brief Project Description: Significant changes in airline and business jet traffic have occurred at the Mammoth Yosemite Airport in the last five years. The existing Airport Layout Plan was evaluated and additions and modifications necessary were provided. The existing airline aircraft and passenger forecasts are included in the Airport Layout Plan Narrative and the forecasts have been expanded to include all general aviation operations, business jet operations, corporate aircraft operations, and firefighting aircraft operations including fixed wing aircraft and helicopters. The final ALP development plan includes 173
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ample expansion including new airline terminal airside
and landside facilities, expanded general aviation and
charter jet aprons, relocated and expanded hangar
facilities, new FBO facilities and a new helicopter
parking apron. A significant feasibility study was also conducted for extensions to both ends of the runway.

The critical factor in the runway extensions was the
existing ground grades and grading requirements. In
order to minimize the need for an expensive retaining
wall and provide adequate runway length, shorter
extensions are planned for both ends of the runway.

Contact: Sierra Shultz, Deputy Airport Manager, Mammoth Yosemite Airport, (760) 965-3654, sshultz@ townofmammothlakes.ca.gov
Specific Involvement: All items of work required for an ALP Update including project scoping, aviation forecasts and determination of critical aircraft, determination of facility requirements, evaluation of alternative development, preparation of Airport Layout Plan drawings and Narrative Report, Town meetings, public meetings, and coordination with FAA.

Status of Completion: ALP Drawings have been submitted to the FAA for review.

Project Location and Owner: Lincoln Regional Airport, City of Lincoln, California Project Name: Obstruction Mitigation Plan and Aeronautical Study, 2019-2020 Brief Project Description: Airport Geographic Information System (AGIS) survey and obstructions identification as defined by FAA Advisory Circular 150/5300-18B including surfaces for runways with vertical guidance, FAR Part 77 Surfaces, Threshold Siting Surfaces (TSS), and TERPS approach and departure surfaces to Runway 15-33 at the Lincoln Regional Airport. The FAA suggested that this AGIS survey be conducted to support the Airspace Analysis for instrument approach and departure procedures.

Contact: Roland Neufeld, Senior Engineer, City of Lincoln, (916) 434-2481, [email protected] Specific Involvement: The AGIS survey was completed by Woolpert, Inc. Our office prepared the Obstruction Mitigation Plan including Obstruction Plan drawings showing FAR Part 77 layouts, obstruction data tables, threshold siting surfaces, approach plans and profiles, OCS plans and profiles, and published nonstandard climb gradient plan and profile. The obstruction mitigation report prepared by our office presented an obstruction analysis and mitigation measures.

Status of Completion: Final Drawings and Reports submitted to and approved by the City and FAA.

Project Location and Owner: Lincoln Regional Airport, City of Lincoln, California Project Name: Airport Layout Plan Narrative with Updated ALP Drawings, 2018-2019 Brief Project Description: An Airport Layout Plan Update was prepared for the Lincoln Regional Airport.

Due to its proximity to Sacramento, Lincoln is a fast-growing community resulting in rapidly changing needs for the airport. This planning project required special attention on determination of critical aircraft including extensive analysis and documentation of discrepancies in the number of operations between FAA and Airport records. This critical planning element was essential to determination of the Runway Design Code (RDC) which provided the Airport protection from the possible FAA requirement to narrow their runway during future runway rehabilitation projects if the desired critical aircraft had not been properly justified and accepted by the FAA. This planning study included significant new development 174
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of additional hangars, apron and full development of the west side of the airport including a new parallel taxiway system, FBO facilities, helipad and helicopter parking facilities, apron, corporate and tee hangars, access road and a secondary fuel island. This successful ALP effort provides ample opportunity and flexibility for the airport to expand as needed for the long-term future in order to meet the rapid growth and needs of the surrounding community.

Contact: Roland Neufeld, Associate Civil
Engineer, City of Lincoln, (916) 434-2481,
[email protected]
Specific Involvement: All items of work
required for an ALP Update including project
scoping, aviation forecasts and determination
of critical aircraft, determination of facility
requirements, evaluation of alternative
development, preparation of Airport Layout
Plan drawings and Narrative Report, City
meetings, public meetings, and coordination
with FAA.

Status of Completion: ALP Drawings and Narrative were submitted to and approved by the FAA.

Project Location and Owner: Chowchilla Municipal Airport, City of Chowchilla, California Project Name: Airport Layout Plan
Narrative with Updated ALP Drawings,
2018-2020
Brief Project Description: The
largest operator at Chowchilla
Municipal Airport is an aerial spray
operator which had a large influence in
the Airport Layout Plan development.

A detailed forecasting evaluation
resulted in justification to upgrade the
Airport from a Runway Design Code
A I Small to a B II due to the number of operations of the Air Tractor by the air spray company. This triggered a detailed study of the existing airport’s Runway Design Code B II standard deficiencies and a financial feasibility study, which resulted in the decision that the Airport could not feasibly or economically comply with B II design standards at this time. As a result, the critical aircraft remained an A I Small. The ALP maintains the planning and ability to convert to a B II in the future when the City is financially ready and able, including planned geometry upgrades to accommodate the B II design standards. This approach highlights the importance placed on ensuring development of a practical and feasible plan combined with consideration of the City’s financial impact while maintaining flexibility to adjust to future changes within the City. This project also included planning for significant new FBO, apron and hangar development on the east side, as well as land acquisitions to facilitate this development.

Contacts: Jason Rogers, Public Works Director, City of Chowchilla (559) 665-8615, Ext. 300, jrogers@ CityOfChowchilla.org
Specific Involvement: All items of work required for an ALP Update including project scoping, aviation forecasts and determination of critical aircraft, determination of facility requirements, evaluation of alternative development, preparation of Airport Layout Plan drawings and Narrative Report, City meetings, public meetings, and coordination with FAA.

Status of Completion: Final Drawings and Reports submitted to and approved by the City and FAA. 175
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Project Location and Owner: Alturas Municipal Airport, City of Alturas, California Project Name: Obstruction Mitigation Plan and Aeronautical Study, 2018-2019 Brief Project Description: Airport Geographic Information System (AGIS) survey and obstructions identification as defined by FAA Advisory Circular 150/5300-18B including surfaces for runways with vertical guidance, FAR Part 77 Surfaces, Threshold Siting Surfaces (TSS), and TERPS approach and departure surfaces to Runway 3-21 and Runway 13-31 at the Alturas Municipal Airport. This remote, rural airport is surrounded by numerous potential obstructions including trees, vegetation, utility poles, terrain, fences, and railroads. Careful analysis and development of a proper mitigation plan for identified obstructions was essential to development of an effective yet practical plan to protect the Airport’s existing runway length and night instrument operations.

Contacts: Joe Picotte, Public Works Director, City of Alturas, (530) 233-2052, [email protected] Specific Involvement: The AGIS survey was completed by Woolpert, Inc. Our office prepared the Obstruction Mitigation Plan including Obstruction Plan drawings showing FAR Part 77 layouts, obstruction data tables, threshold siting surfaces, approach plans and profiles, OCS plans and profiles, and published nonstandard climb gradient plan and profile. The obstruction mitigation report prepared by our office presented an obstruction analysis and mitigation measures.

Status of Completion: Final Drawings and Reports submitted to and approved by the City and FAA.

Project Location and Owner: Alturas Municipal Airport, City of Alturas, California Project Name: Airport Layout Plan Narrative with Updated ALP Drawings, 2015 Brief Project Description: An Airport Layout Plan Update was prepared for the remote, rural Alturas Municipal Airport. This planning project required special attention on understanding the role and importance of the airport to the surrounding remote and rural community including providing an opportunity for emergency services including air ambulance and fire fighting services. Determination of helicopter activity and the need for helicopter parking facilities at the airport was a key component to provide a variety of essential services to the remote community. Alturas Municipal Airport has crosswind runways, each with only a partial length parallel taxiway which requires aircraft to back taxi on the runway and thus presents a safety hazard. This planning effort involved a feasibility analysis on extension of the parallel taxiway to create a full length parallel taxiway system while maintaining compliance with all FAA taxiway requirements and standards.

Contacts: Joe Picotte, Public Works Director, City of Alturas, (530) 233-2052, [email protected] Specific Involvement: All items of work required for an ALP Update including project scoping, aviation forecasts and determination of critical aircraft, determination of facility requirements, evaluation of alternative development, preparation of Airport Layout Plan drawings and Narrative Report, City meetings, public meetings, and coordination with FAA.

Status of Completion: ALP Drawings and Narrative were submitted to and approved by the FAA.

AIRPORT ENVIRONMENTAL PROJECTS
Three projects for which environmental services were provided and on which Jim was the Project Manager for environmental services that are similar to those required by the City of Oroville are as follows:

Project Location and Owner: Tulelake Municipal Airport, County of Modoc, California Project Name: Environmental Assessment and Environmental Impact Report; Perimeter Security Fence 176
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Brief Project Description: WEC prepared the Environmental Assessment (NEPA) and Environmental Impact Report (CEQA) for the construction of a perimeter security fence. The proposed project, within the boundaries of the World War II-era Japanese internment camp, drew nearly 5,000 comments during project scoping period. The complex cultural resources process concluded that the airport is traditional cultural property for Native Americans and the Japanese American community. WEC has successfully navigated through complex issues for the most controversial airport project in California.

Contact: Mitch Crosby, Road Commissioner, Modoc County, 530-233-6412, [email protected] Specific Involvement: All items of work required for an Environmental Assessment including County meetings, public meetings, and coordination with FAA.

Status of Completion: Environmental Assessment has been submitted to the FAA for review.

Project Location and Owner: Mammoth Yosemite
Airport, Town of Mammoth Lakes, California
Project Name: Environmental Assessment and
Environmental Impact Report; Terminal Area
Development Plan
Brief Project Description: WEC prepared
the Environmental Assessment (NEPA) and
Environmental Impact Report (CEQA) for the
development of a terminal area development plan
which included a new 38,000 square foot passenger
terminal, 8,600 square foot maintenance building,
new de-icing apron and expanded aircraft apron.

Specialized groundwater, cultural resources, biological resources, DOT Section4(f) and visual simulation studies were conducted to assess the projects impacts.

Contact: Haislip Hayes, Director of Public Works, Town of Mammoth Lakes, Mammoth Yosemite Airport, (760) 965-3652, [email protected]
Specific Involvement: All items of work required for an Environmental Assessment including Town meetings, public meetings, and coordination with FAA.

Status of Completion: Environmental Assessment has been approved by the FAA Project Location and Owner: Lincoln Regional Airport, City of Lincoln, California Project Name: Environmental Assessment and Mitigated Negative Declaration – Runway and Runway Safety Area Reconstruction
Brief Project Description: WEC prepared an Environmental Assessment and Mitigated Negative Declaration for runway and runway safety area reconstruction. WEC coordinated the wetland delineation, special status species sampling and Clean Water Act Section 404 permit process.

Contact: Roland Neufeld, Environmental Services Manager, Lincoln Regional Airport, City of Lincoln, California, (916) 434-2481, [email protected] Specific Involvement: All items of work required for an Environmental Assessment including Town meetings, public meetings, and coordination with FAA.

Status of Completion: This Environmental Assessment is in progress with expected completion in October 2022
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1-3 WORKING WITH GOVERNMENTAL AGENCIES
The office of Brandley Engineering has worked with, and personally knows, key Federal Aviation Administration personnel in District, Regional and Headquarters offices. We are familiar with all FAA requirements and have assisted in the review and writing of many of the Advisory Circulars pertaining to engineering design. This close working relationship enables us to coordinate with F.A.A. to navigate any planning or environmental challenge, simplifies coordination, reviews and approvals and funding availability. Ninety-five percent of the work performed by our office is partially funded by the FAA. All projects listed in section 1-2 of the Statement of Qualifications were funded under a FAA AIP grant.

Our close working relationship with District, Regional and Headquarters Offices of the FAA allows us easy access to all members of the staff for quick and responsive coordination and reviews of all projects. This excellent relationship also enables our office to be in the unique position of being made aware of when airport improvement and planning funds are available to our clients. When funds are made available, we act quickly to coordinate with our clients on how to maximize the use of these funds and prepare applications to the FAA for improvement or planning grants.

The experience of our firm in working with all branches of the Federal Aviation Administration over the past 69 years has enabled all staff members to be very familiar with procedures, regulations, funding, and all other aspects pertaining to airport planning and environmental evaluation. All staff members are kept up to date on all FAA Advisory Circulars and Planning Guidelines.

Our office keeps up to date on all policies and procedures of the FAA on the following:
 Preparation and submittal of Airport Capital Improvement Program (ACIP) and grant applications.  Review process of airport layout plans and environmental documents.  Project and grant closeout.
 FAA policies and grant compliance requirements
By being up to date on these policies, we are an asset to our clients in submitting required documents accurately and within a timely manner.

Wallace Environmental Consulting believes that a significant project component is communication with the Airport and the FAA. Jim Wallace has worked with the Oroville Municipal Airport FAA environmental specialist, Camille Garibaldi, since Ms. Garibaldi joined the FAA SFO ADO – a valuable relationship to complete the Airport projects within the proposed schedule.

Together Brandley Engineering and Wallace Environmental Consulting have the expertise and experience to ensure smooth, timely and cooperative FAA approvals of all planning and environmental projects for Oroville Municipal Airport.
1-4 SUPPORTING INFORMATION
Brandley Engineering has provided airport planning services for over 69 years and for the Oroville Municipal Airport for the last 37 years. We have committed our Project Manager, Melissa Brandley, to fully address the needs of the Airport for the full term of the assignment. Ms. Brandley is supported by talented airport planners and engineers and by GIS specialists and senior quality control engineers. All of the Brandley Engineering staff has an extensive working knowledge of the Oroville Municipal Airport, its relationship with the FAA and the tasks required to complete Airport planning and environmental projects within the proposed schedules. A detailed staffing plan and qualifications and resumes of staff members is provided in Section 2 of this Statement of Qualifications.

Wallace Environmental Consulting has always committed needed resources to the Oroville Municipal Airport. Jim Wallace, the Project Manager, will direct staff resources to address, assess and complete all of the complex tasks necessary to prepare defensible environmental compliance documents.

The Brandley Engineering and Wallace Environmental Consulting team of seasoned professionals brings more than 150 years of airport planning and environmental compliance experience. We place a high importance on preparing clearly written documents based on a thorough knowledge of the Airport and using sound reasoning clearly explained, rigorous quality control and a solid airport planning and environmental foundation.
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STAFF AND SUBCONSULTANT

QUALIFICATIONS
SECTION 2
2-1 ORGANIZATIONAL STRUCTURE
Brandley Engineering has one of the most unique and highly qualified planning teams. As a family business, our planning team consists of Melissa Brandley and Damon Brandley. Both Melissa and Damon Brandley planned on continuing the Brandley Engineering legacy from an early age and began working for Reinard W. Brandley, Consulting Airport Engineer, as teenagers. As a result, our planning team’s background, education, and abilities have been carefully planned to perfectly complement each other to create the best possible team. Our approach to building a highly qualified team centers on advanced education and knowledge, as these are the key ingredients to solving very difficult and complicated planning challenges.

All project managers have advanced Master’s degrees in Civil Engineering and extensive airport planning experience.

The project staffing for the office of Brandley Engineering has been structured to utilize experienced project managers, planners, engineers, technicians, and administrative personnel. Melissa Brandley will be the Project Manager with direct and continued responsibility over the entire project team for the duration of the contract and main point of contact for all Oroville Municipal Airport projects. All members of the Brandley Engineering team have extensive knowledge of FAA regulations, policies, and procedures. All members of the Brandley Engineering staff can begin work immediately following contract execution as needed on Oroville Municipal Airport projects. Brandley Engineering schedules the work as soon as we receive authorization to proceed on a project and holds weekly meetings to ensure all projects are being completed on time and within budget.

Mr. Brandley, as well as his team, have extensive experience with the FAA AIP Grant program and has assisted the District successfully to complete many FAA AIP Grant Projects.

Kevin Smith, former General Manager, Truckee
All members of the Brandley Engineering team have extensive knowledge of FAA regulations, policies, and procedures, including:
• Airport Capital Improvement Plans (ACIP)
• Airport Improvement Program (AIP) FAA grant funding
• Airport Land Use Planning
• Airport Master Planning
• Airport Layout Plan Updates, including Program Narrative • Terminal Development
• FAA Land Use Compliance
• Airport Geospatial Information System (AGIS)/Obstruction Mitigation Plans • NEPA and CEQA Compliance Documents
• Testifying at public hearings and negotiating with elected officials • Cultural resource studies
• Biological studies, including Wetlands
• Wildlife Hazard Management Plans
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Woolpert Inc. will be responsible for conducting and analyzing the Airport Geospatial Information System (AGIS) survey. A national architecture, engineering and geospatial (AEG) firm, Woolpert, Inc. is dedicated to providing exceptional services, employing cutting-edge technologies, and developing and implementing industry-best processes for a wide range of clients. Started in 1911 as a small surveying firm (in business 110 years), they’ve grown their numbers, expanded their areas of expertise and matured their client relationships to become an industry-leading provider of quality consulting services. They believe their longevity and continued success is a direct result of their firm philosophy, their highly skilled professional staff, and the diversity of services they provide.

Woolpert’s geospatial services group, consisting of nearly 250 employees, includes 14 ASPRS-recognized certified photogrammetrists, 4 certified mapping scientists, 6 pilots, 6 aerial photographers/sensor operators, 25 Certified GIS Professionals (GISP), 26 registered professional land surveyors licensed in multiple states including California (68 total land survey licenses), and 19 staff members who have completed the FAA online IDLE training course. Truly a full-service consulting firm, Woolpert also possesses a suite of professions and expertise on staff that include 72 professional engineers licensed in multiple states including California (258 engineering licenses), an Accredited Airport Executive, 36 LEED certified professionals, 7 landscape architects, 15 architects and a host of photogrammetric, survey, engineering, Lidar, GIS and CADD technicians, cartographers, and quality control specialists.

Woolpert offers an unparalleled level of experience and knowledge helping airports adapt to managing spatial data and leveraging such data to improve the planning, design and construction process in support of the FAA’s Airports GIS standards, operations and maintenance, business processes, developing custom software for both internal and public-facing GIS, and developing aeronautical data for various kinds of airport projects.

Jim Wallace of Wallace Environmental Consulting, Inc. will serve as the project manager for all environmental work, primary EA author and will be the primary point of contact with the Airport and the FAA SFO ADO environmental specialists. Mr. Wallace is an expert in the National Environmental Policy Act and the supporting special purpose laws and has over 40-years of experience as an environmental and resource consultant including the last 24 years as an environmental compliance and resource manager on federally obligated airports preparing over 250 NEPA and CEQA compliance documents for over 30 airports in Northern California. Since 2009, Mr. Wallace has provided environmental consulting services to the City of Oroville on the Oroville Municipal Airport. Mr. Wallace has demonstrated his commitment to the Oroville Municipal Airport over the last 13 years and will continue his dedication to providing direct and clear environmental consulting and is committed to the completion of all NEPA and CEQA compliance documents.

Jim Wallace’s airport and aviation experience includes a close working relationship with the FAA’s SFO ADO and a thorough understanding FAA’s NEPA compliance procedures and environmental compliance relationships with special purpose laws such as the Endangered Species Act, Clean Water Act and the National Historic Preservation Act. His range of airport projects include runway, taxiway and apron reconstruction and repair; runway and taxiway extensions; obstruction removal; drainage improvements; passenger terminal expansion and new construction; security fences; runway safety area improvements and expansion and land acquisition.

Cindy Arrington, a Registered Professional Archeologist, will be a subconsultant to Wallace Environmental and will provide all cultural resources studies required. Ms. Arrington has more than 25 years’ experience in cultural resource management and has performed cultural resource studies on many airports including Tulelake Municipal Airport, Mammoth Yosemite Airport, and Lincoln Regional Airport.

Jeff Glazner, Principal Biologist and Wetland Specialist, will be a subconsultant to Wallace Environmental and will provide all biological studies required for the Oroville Municipal Airport. Mr. Glazner has more than 30 years’ experience, particularly in northern California. His primary expertise is in wetland identification and 180
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mapping, botanical ecology, general biological assessments and surveys, and regulatory compliance. He has performed biological resources assessments at many airports including Chowchilla Municipal Airport, Livermore Municipal Airport, Mammoth Yosemite Airport, and Truckee Tahoe Airport.

Every airport faces unique environmental circumstances. WEC has worked on airports that are designated critical habitat; or are the site of significant historical and cultural resources; airports that are adjacent to major wildlife attractants or are restrained by extensive wetlands and endangered species.

Work performed for the City of Oroville on Oroville Municipal Airport projects will be managed by Melissa Brandley, P.E. The experience of each key staff member in the Brandley Engineering/Wallace Environmental Consulting Team is presented in this section of the Statement of Qualifications, including narrative descriptions, resumes, and licenses.

An organizational chart presented below shows the organizational structure that is proposed to implement Oroville Municipal Airport planning and environmental projects.

Melissa Brandley, P.E.

PROJECT MANAGER
Senior Planner

JIM WALLACE
WALLACE ENVIRON. CONSULTING
Environmantal Project Manager
Damon Brandley, P.E.

AIRPORT PLANNER
AGIS

CULTURAL RESOURCES
Cindy Arrington

INVENTORY
Melissa Brandley, P.E.

Tom Steinkamp, E.I.T.

PROJECT SCOPING/PRE-PLANNING
Melissa Brandley, P.E.

Damon Brandley, P.E.

NEPA DOCUMENTATION
Jim Wallace, NEPA, CEQA Lead

NARRATIVE REPORT
Melissa Brandley, P.E.

BIOLOGICIAL RESOURCES
Jeff Glazner

FAA/SPONSOR COORDINATION
Jim Wallace

AVIATION FORECASTS/CRITICAL

AIRCRAFT
Melissa Brandley, P.E.

AIRPORT LAYOUT

PLAN DRAWINGS
Tom Steinkamp, E.I.T.

Kevin Currey, P.E.

ALTERNATIVES DEVELOPMENT
Jim Wallace

FACILITY REQUIREMENTS
Melissa Brandley, P.E.

ALTERNATIVES, PROPOSED

DEVELOPMENT
Melissa Brandley, P.E.

Tom Steinkamp, E.I.T.

DEVELOPMENT PLAN
Melissa Brandley, P.E.

Tom Steinkamp, E.I.T.

Kevin Currey, P.E.

David Baltazar, E.I.T.

AGIS AERONAUTICAL STUDY
Woolpert Inc., Paul Akers
Damon Brandley, P.E.

David Baltazar, E.I.T.

FAA SFO ADO/
CalTrans Aeronautics
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2-2 RESUMES
MELISSA S. BRANDLEY, P.E.

PROJECT MANAGER/PROJECT ENGINEER
Melissa Brandley has been on staff since 2004 and will be Project Manager/Project Engineer/Airport Planner and the main point of contact for Oroville Municipal Airport projects. Ms. Brandley is a major partner in Brandley Engineering and part of the second generation of Brandley Engineering. She is a registered Civil Engineer in the State of California (C 71139). Ms. Brandley received bachelor’s & master’s degrees in Civil Engineering from Texas A&M University with an emphasis in Geotechnical Engineering.

Melissa Brandley worked for Brandley Engineering for six summers during high school and college learning the basics of airport planning and complying with FAA standards and advisory circulars. She has been a full-time staff member, project manager and major partner in Brandley Engineering since completing her university studies in 2004. She has the ability to delegate responsibilities for each project including drafting of plans, preparation of reports, preparation of cost estimates, and forecasting aircraft traffic. The staff of Brandley Engineering respect her capabilities and are ready and willing to assist her on all projects. She is experienced in the planning of runways, taxiways, aprons, helicopter parking areas, hangar developments, terminal developments and roads on airports.

She has been providing engineering services to the City of Oroville on the Oroville Municipal Airport since 2005 and is familiar with all existing and future development. Her responsibilities for the Oroville Municipal Airport will include coordinating with the City, FAA, and planning staff on the Airport Layout Plan development, coordinating with Jim Wallace on environmental studies, and meeting with the City, and FAA, to develop and prepare the Airport Capital Improvement Plan (ACIP) and AIP grant applications. She will be available at all times for Oroville Municipal Airport projects.

EDUCATION
B.S., Civil Engineering, Texas A & M University, 2003
M.E., Civil Engineering, Geotechnical Engineering, Texas A & M University, 2004

REGISTRATION
California Professional Engineer, C 71139

EXPERIENCE
Representative projects on which Melissa has provided planning management and coordination are:
 Mammoth Yosemite Airport - Airport Layout Plan Narrative including updated ALP drawings – 2020-22  Tracy Municipal Airport – Airport Layout Plan with AGIS Survey/Obstruction Mitigation Plan – 2019-22  Lincoln Regional Airport - Airport Layout Plan Narrative including updated ALP drawings – 2019  Chowchilla Municipal Airport - Airport Layout Plan Narrative including updated ALP drawings – 2019  Tulelake Municipal Airport – Airport Layout Plan Narrative including updated ALP drawings - 2018  Chico Municipal Airport - Airport Layout Plan Narrative including updated ALP drawings – 2018-19  Plumas County Airports - Nervino Airport, Rogers Field, and Gansner Field – Airport Layout Plan Narrative including updated ALP drawings – 2017
 Cedarville Municipal Airport – Airport Layout Plan Narrative including updated ALP drawings - 2017  Madera Municipal Airport - Airport Layout Plan Narrative including updated ALP drawings – 2016  Visalia Municipal Airport – Airport Layout Plan Narrative including updated ALP drawings – 2015  Visalia Municipal Airport – Terminal Area Study - 2015  Oroville Municipal Airport - Airport Layout Plan Narrative including updated ALP drawings – 2013  Watsonville Municipal Airport – Drainage and Utility Master Plan - 2010  Watsonville Municipal Airport – Master Plan Update – 2008 182
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DAMON BRANDLEY, P.E

PROJECT ENGINEER
Damon Brandley has been on staff since 2002 and will work with Melissa as needed on project management and project planning for Oroville Municipal Airport projects. He will be responsible for coordination of the AGIS survey portion of the ALP Update. Mr. Brandley is a major partner in Brandley Engineering and part of the next generation of Brandley Engineering. He is a registered Civil Engineer in the State of California (C 66558).

Damon completed a Research Assistantship at the University of Illinois in Champaign/Urbana while completing his master’s degree. This research was conducted in conjunction with the FAA’s Center of Excellence in Airport Pavement Research. His work as a Research Assistant included airfield pavement design and testing, Super Pave asphalt mix designs, and various other research projects.

Damon is experienced in the planning of runways, taxiways, aprons, helipads and helicopter parking areas, hangar developments, terminal developments and roads on airports.

Damon is responsible for coordinating all aeronautical studies and prepares the obstruction mitigation plans and aeronautical study reports for all projects. Damon will be responsible for the AGIS portion of Airport Layout Plan Updates for the Oroville Municipal Airport.

EDUCATION
B.S., Civil Engineering, Texas A & M University, 2000
M.S., Civil Engineering, Transportation Engineering, University of Illinois, 2001

REGISTRATION
California Professional Engineer, C 66558

CONTINUING EDUCATION
AAAE GIS Conference and Exhibition, San Antonio, Texas

EXPERIENCE
Damon Brandley has conducted planning for many airports since 2002 for Brandley Engineering. Damon is responsible for all Pavement Maintenance Management Plans prepared for Brandley Engineering and for all Obstruction Mitigation Plans and Aeronautical Studies (AGIS). Representative planning projects include the following:
 University Airport, Davis – AGIS Aeronautical Study - 2022  Tracy Municipal Airport – AGIS Aeronautical Study – 2019  Lincoln Regional Airport – Obstruction Mitigation Plan and Aeronautical Study – 2019  Alturas Municipal Airport – Obstruction Mitigation Plan and Aeronautical Study – 2018  Determination of critical aircraft and Airport Reference Code (ARC) for the following airports:
• Lincoln Regional Airport
• Chico Municipal Airport
• Chowchilla Municipal Airport
• Tracy Municipal Airport
• Visalia Municipal Airport
• Mammoth Yosemite Airport
 Stockton Metropolitan Airport - Determination of declared distances for Runway 11L-29R - 2014 183
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THOMAS A. STEINKAMP, E.I.T.

AIRPORT PLANNER
Tom Steinkamp has been on staff since 1984 and will serve as the Airport Planner for the Oroville Municipal Airport.

Mr. Steinkamp brings a dynamic engineering background to this firm with over 48 years of experience in engineering design. This experience began with a mechanical engineering degree and continued with 10 years of active employment with a civil engineering consulting/materials testing firm as a project designer and materials testing technician.

Since he began working for Brandley Engineering in 1984, Mr. Steinkamp has developed a thorough knowledge of the principles and practices of civil and airport engineering and airport planning with knowledge of and experience with FAA regulations, requirements, practices, design criteria and advisory circulars.

Tom has been providing engineering services for the Oroville Municipal Airports since 1985 including the preparation of the latest Airport Layout Plan Update in 2013.

Mr. Steinkamp has been actively involved in airport planning on airports in the Western United States for the past 38 years. He was the associate in charge of the preparation of the Oroville Municipal Airport ALP in 2013. He will be the Associate Planning Project Manager for any Oroville Municipal Airport, Airport Layout Plan Updates.

EDUCATION
B.S., Mechanical Engineering, Oregon State University, 1979

EXPERIENCE
Representative projects on which Tom served as Airport Planner include, but are not limited to:
 Tracy Municipal Airport – ALP Narrative including updated ALP Drawings – 2019-2022  Mammoth Yosemite Airport – ALP Narrative including updated ALP Drawings – 2020-2022  Chico Municipal Airport - ALP Narrative including updated ALP Drawings – 2018-19  Lincoln Regional Airport - ALP Narrative including updated ALP Drawings – 2019  Chowchilla Municipal Airport - ALP Narrative including updated ALP Drawings - 2019  Plumas County Airports – Nervino Airport, Rogers Field, and Gansner Field – ALP Narratives including updated ALP Drawings – 2017
 Mono County Airports - Bryant Field, Bridgeport, California, and Lee Vining Airport – ALP Narratives including ALP Drawings - 2017
 Cedarville Municipal Airport – ALP Narrative including updated ALP Drawings – 2017  Madera Municipal Airport – ALP Narrative including Updated ALP Drawings – 2016  Alturas Municipal Airport – ALP Narrative including updated ALP Drawings – 2016  Visalia Municipal Airport – Airport Layout Plan Update Study – 2015  Oroville Municipal Airport – Airport Layout Plan Update Study – 2013  Rio Vista Municipal Airport – Airport Layout Plan Update Study - 2013  Rogers Field – Master Plan Update Study - 2008
 Watsonville Municipal Airport – Master Plan Update - 2008  Placerville Airport – Master Plan Update Study - 2007  Georgetown Airport – Master Plan Update Study - 2007  Madera Municipal Airport – Airport Layout Plan Update Study - 2007 184
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DAVID BALTAZAR, E.I.T.

DESIGN ENGINEER/SENIOR DRAFTER
David Baltazar has been on staff and involved in planning and design of airports in the Northern California since 2003.

Mr. Baltazar has developed and applied his skills for designing and planning airport projects. From the scoping phase to the final plan, he treats each project with respect and professionalism in the Airport’s interests, which results in a quality plan that will outperform and outlast expectations.

As an Engineer David has honed and utilized his proficiency in AutoCAD R14 through AutoCAD Civil 3D 2020 to design and draft detail-oriented airport layout plans. He is capable of providing support wherever there is a need to maintain continuity throughout Brandley Engineering’s planning process. During his time at Brandley Engineering, he has helped create a system to provide a reprographic and digital maintenance that creates a smooth and timely delivery of plans when needed.

David will work closely with Damon Brandley on development of any obstruction mitigation plans that are prepared based on any AGIS surveys of the Oroville Municipal Airport. He will also work with Tom Steinkamp on preparation of Airport Layout Plan drawings required.

EDUCATION
Bachelor of Science, Mechanical Engineering, California State University, Sacramento 2007

EXPERIENCE
Representative projects on which David served on the planning team for Brandley Engineering are as follows:
 Mammoth Yosemite Airport – ALP Narrative including updated ALP Drawings – 2020-2022  Tracy Municipal Airport – ALP Drawings including Obstruction Mitigation Plans – 2019-2022  Lincoln Regional Airport - ALP Narrative including updated ALP Drawings – 2019  Lincoln Regional Airport – Obstruction Mitigation Plan and Aeronautical Study – 2019  Alturas Municipal Airport – Obstruction Mitigation Plan and Aeronautical Study – 2018  Plumas County Airports – Nervino Airport, Rogers Field, and Gansner Field – ALP Narratives including updated ALP Drawings – 2017
 Alturas Municipal Airport – ALP Narrative including updated ALP Drawings – 2016  Madera Municipal Airport – ALP Narrative including Updated ALP Drawings - 2016  Oroville Municipal Airport – Airport Layout Plan Update Study – 2013  Rio Vista Municipal Airport – Airport Layout Plan Update Study - 2013  Mammoth Yosemite Airport – Airport Layout Plan Update - 2012 185
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KEVIN CURREY, P.E.

DESIGN ENGINEER/SENIOR DRAFTER
Kevin has been on staff and involved in preparation of Airport Layout Plans for Brandley Engineering since 2015.

Mr. Currey has over 10 years’ experience in design and engineering of civil infrastructure projects. In addition to airport-related projects, his professional experience includes large-scale residential, commercial, and mixed use land development; design of compensatory wetlands and environmental mitigation projects; drainage master plans; and public works planning, scoping, and engineering design. He is also experienced in land planning, surveying, and project scheduling.

Mr. Currey is an expert AutoCAD Civil 3D user, mentor, and trainer. He has helped companies successfully implement Civil 3D and trained employees to become proficient in using the software through all aspects of the design process. He also managed their AutoCAD and network infrastructure. His software competencies include AutoCAD Civil 3D, Autodesk Subassembly Composer and Part Builder for Civil 3D, Autodesk Storm & Sanitary Analysis, Microsoft Office, Microsoft Project, and Microsoft Windows networking administration.

Mr. Currey will serve on the planning staff for the Oroville Municipal Airport projects.

EDUCATION
Completed Undergraduate Major Coursework in Civil and Environmental Engineering, Brigham Young University, 2012

REGISTRATION
California Professional Engineer, C90627

EXPERIENCE
Representative projects on which Kevin served on the planning team for Brandley Engineering are as follows:
 Mammoth Yosemite Airport – ALP Narrative including updated ALP Drawings – 2020-2022  Tracy Municipal Airport – ALP Narrative including updated ALP Drawings – 2019-2022  Chowchilla Municipal Airport – ALP Narrative including updated ALP Drawings – 2019  Chico Municipal Airport – ALP Narrative including updated ALP Drawings – 2018-2019  Plumas County Airports – Nervino Airport, Rogers Field, and Gansner Field – ALP Narratives including updated ALP Drawings – 2017
 Madera Municipal Airport – ALP Narrative including Updated ALP Drawings - 2016  Alturas Municipal Airport – ALP Narrative including updated ALP Drawings – 2016 186
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ALAIRE WELLS

PROJECTS/GRANTS ADMINISTRATOR
Alaire Wells has been a member of the Brandley Engineering team since 1979. She is involved in the project administration and grants administration for all clients.

EDUCATION
AA, American River College, 1979

BACKGROUND
Alaire has been working for Brandley Engineering for the past 43 years. In that time she has become very knowledgeable in all steps required to complete a planning project beginning with the Airport Capital Improvement Program (ACIP), grant applications (FAA and State), FAA drawdown requests, and the final closeout process including final drawdown requests and requests to FAA for closeout of the grant. She has a thorough knowledge of and experience with FAA regulations, requirements, practices, and advisory circulars.

EXPERIENCE
Ms. Wells has been actively involved in airport project and grant administration for Brandley Engineering since 1979. She has over 43 years’ experience with airports and the FAA to ensure that all projects meet FAA deadlines and are in compliance with FAA requirements and that information required by the FAA is assembled and delivered as required. All clients’ requests are answered in a timely and accurate manner.

Examples of services Alaire performs for our clients include:
 Assisting Airport and Engineer in preparation of annual Airport Capital Improvement Program (ACIP)
 Assisting Airport and Engineer in preparation of grant applications  Assisting Engineer with the preparation of the Airport Layout Plan Narrative Report  Assisting Engineer with assembling and keeping track of FAA comments on Airport Layout Plans  Keeping track of deadlines and budgets
 Assisting Airport with preparation of Quarterly Reports to be submitted to FAA.  Assisting Airport in preparation of reimbursement requests for amounts reimbursable from grant projects (FAA Form 271)
 Assisting Airport in preparation of final drawdown request, the Federal Financial Report (FAA Form 425), and other documents the airport requires for closing out the FAA grant 187
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JIM WALLACE

WALLACE ENVIRONMENTAL CONSULTING

PRINCIPAL, SENIOR ENVIRONMENTAL CONSULTANT
Jim Wallace has been providing environmental consulting services to airports for over 24 years and will serve as Project Manager and lead EA author for all environmental documentation for Oroville Municipal Airport projects.

EDUCATION
B.A. History, Humboldt State University, Arcata, California Graduate Work in Natural Resource Management, Humboldt State University, Arcata, California

EXPERIENCE
Total Years of Experience – 44 Years
Total Years of Airport Experience – 24 Years

AREAS OF EXPERTISE
Mr. Wallace has over 40 years of environmental and natural resources consulting experience including 23 years preparing over 250 NEPA and CEQA compliance documents for over 30 airports in northern California. Mr. Wallace serves as environmental project manager for airport improvement projects including passenger terminal expansions, runway and taxiway extensions and reconstruction, nonaviation developments, new access roads, runway safety area maintenance in sensitive habitats, parking lots, aircraft aprons and hangar development, parachute landing areas and land use compatibility plans.

Nearly all of the airport projects include coordination with multi-disciplinary teams for compliance with Section 106 of the National Historic Preservation Act, Sections 401 and 404 of the US Clean Water Act, US Clean Air Act and US Endangered Species Act and many projects required compliance with the California Environmental Quality Act. Mr. Wallace has developed an excellent working relationship with FAA district and regional offices and with airport sponsors.

Mr. Wallace has extensive experience developing technical and policy strategies, testifying at public hearings and negotiating with elected officials and senior staff in U.S. Departments of Transportation, Interior, Agricultural, Commerce and the U.S. EPA. Mr. Wallace is skilled at navigating controversial project issues in public meetings and by providing relevant information and data that lead to sustainable solutions.

RELEVANT EXPERIENCE
 Tulelake Municipal Airport
• In a controversial project, prepared the NEPA and CEQA compliance documents for the proposed construction of a perimeter fence. The airport and fence are located entirely within the historic boundaries of the World War II-era Tule Lake Segregation Center in Modoc County. Resolving project conflicts involved stakeholder meetings with the US Institute for Environmental Conflict Resolution and detailed cultural resource studies to comply with the National Historic Preservation Act.
• Prepared NEPA compliance documents for taxiway improvements, access road improvements and runway rehabilitation.
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 Napa County Airport
• Prepared NEPA compliance documents for:
• Taxiway and taxilane extensions and improvements
• Extension of runway safety zones into designated critical habitat • Acquisition of off-site property for runway protection zones • Widen and improve airport entrance road
• Installation of navigation aids
• Runway reconstruction
• Endangered Species Act reports and consultation with the FAA and U.S. Fish and Wildlife Service
 Lincoln Regional Airport (CA)
• Currently preparing an Environmental Assessment for the reconstruction of Runway 15/33; project includes revising wetland delineation
• Prepared NEPA and CEQA compliance documents for Airport Master Plan; projects included new access road, commercial non-aviation development area, box hangar complex and taxiway extension. Prepared wetland delineation which identified over 30-acres of wetlands and fairy shrimp survey which complicated airport development.
• Prepared Draft Environmental Assessment for a proposed airport business park; project was discontinued, however, we prepared special laws studies including a preliminary wetland delineation.
• Prepared NEPA compliance document for runway safety area maintenance which required mitigating impacts to wetland features
 Mammoth Yosemite Airport
• Prepared NEPA and CEQA compliance documents for a new passenger terminal and terminal development area.
• Prepared report requesting that the US Fish and Wildlife Service withdraw the airport from the Bi-State Distinct Population Segment of Greater Sage-Grouse proposed critical habitat. • Prepared multiple NEPA compliance documents for taxiway and aircraft apron reconstruction; new security fence, obstruction lighting; backup electrical power systems and wind-sock relocation.
• Prepared Wildlife Hazard Management Plan, Biological Assessment which included an assessment of biological resources within a 5-mile radius of the airport. • Prepared a memorandum regarding Federal environmental reviews and proposed commercial development on approved 1998 ALP.
• Prepared environmental scope of work included in the AIP for airport terminal development.  Lake Tahoe Airport
• Prepared NEPA compliance document to reduce runway width and return unpaved surfaces to the Truckee River Sensitive Environment Zone.
• Prepared NEPA compliance document for new taxiway.
• Conducted assessment of surface water quality impacts associated with year-round springfed drainage ditch. • Prepared Wildlife Hazard Management Plan.
• Prepared Wildlife Hazard Management Plan, Biological Assessment which included an assessment of biological resources within a 5-mile radius of the airport. 189
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CINDY ARRINGTON, M.S., RPA

PRINCIPAL

EDUCATION
M.S., Historical Archeology, California State University, San Jose B.A., Anthropology, California State University, San Jose

CERTIFICATIONS/AFFILIATIONS
Registered Professional Archeologist
40-hour Hazardous Operations and Response Certification (#99-146) Cindy Arrington has more than 25 years of experience in cultural resources management. She has also served as a corporate trainer providing private and public clients with instruction in Section 106, and consulting with Native American groups. Ms. Arrington has extensive experience in multi-disciplinary team management in the environmental profession. She has expertise in project performance and compliance with federal, state, and local regulations; implementation of environmental mitigation monitoring plans for complex construction projects; preparation of reports; and direction of cultural resources surveys, and excavation. Ms. Arrington has authored/co-authored hundreds of technical reports under compliance with federal, state, and local regulations (NEPA, NHPA, Section 106, CEQA, SEPA) and agencies (Federal Aviation Administration, U.S. Bureau of Land Management, U.S. Bureau of Reclamation, U.S. Army Corps of Engineers, U.S. Forest Service, California Energy Commission, California Department of Transportation, California Public Utilities Commission, etc.).

REPRESENTATIVE PROJECT EXPERIENCE
 Tulelake Municipal Airport Perimeter Fence Project, Modoc County, CA.

Reviewed prior cultural resource studies and National Register eligibility evaluations of the Tule Lake Segregation Center (TLSC) component of a multi-component archaeological site within area of potential effects for undertaking, and recommended additional cultural resources analysis.

Recommended the TLSC component be evaluated as a Traditional Cultural Property eligible for National Register listing under Criterion A for its association with events that have made a significant contribution to the broad pattern of history for the TLSC community. Lead federal agency: Federal Aviation Administration; Section 106 compliance.  Mammoth-Yosemite Airport Terminal Area Development Plan Natural Investigations Company, Inc. was retained to provide cultural resources services for the Mammoth Yosemite Airport Terminal Area Development Plan in the Town of Mammoth Lakes California. The cultural resources services by Natural Investigations include a literature review, Sacred Lands File search and Native American outreach, an intensive-level pedestrian survey of the 17.91-acre Area of Potential Effects, and a Project effects assessment with the technical report.

The study was completed in compliance with Section 106 of the National Historic Preservation Act (NHPA) and in support of the EA. Lead federal agency: Federal Aviation Administration; Section 106 compliance.
 Lincoln Regional Airport Improvements, Placer County, CA.

The City wishes to reconstruct runway 15-33 to address engineering issues such as, pavement cracking and surface deterioration. Natural Investigations provided cultural resources survey, literature search, Native American Sacred Lands search, archival and historic map research, in preparation of the Cultural Resources Survey and Evaluation Report. Lead federal agency: Federal Aviation Administration; Section 106 compliance.
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JEFF GLAZNER

PRINCIPAL BIOLOGIST, WETLAND SPECIALIST
Mr. Glazner is the owner and Principal Biologist of Salix Consulting, Inc. He is a wetland scientist and biological consultant with more than 30 years of experience, primarily in northern California. He is formally trained as a botanist and specializes in aquatic resource assessments, delineations, and permitting. His areas of expertise include wetland identification and mapping, botanical ecology, general biological assessments and surveys, aerial photo analysis and interpretation, and regulatory compliance. He is fully knowledgeable of state and federal permitting requirements of the federal Clean Water Act, Federal and California Endangered Species Acts, California Department of Fish & Wildlife Streambed Alteration Agreements, California Regional Water Quality Control Board certifications, and the requirements of CEQA and NEPA.

PROFESSIONAL SKILLS AND EXPERIENCE
Mr. Glazner has been a business owner since 1996. His primary practice area is the mapping and definition of existing wetland and biological field resources and explanation of those resources during the entitlement phase of a project. He frequently assists clients with federal, state, and regional permitting requirements, working with regulators at all governmental levels to determine the threshold of significance for impacts to resources. Over the course of his professional career, he has conducted biological surveys and field analyses on more than 1,000 project sites covering hundreds of thousands of acres. Mr. Glazner holds a Private Pilot certificate and an FAA Part 107 Remote Pilot Certificate and is a skilled practitioner of Unmanned Aerial Systems. He has completed numerous large landscape photo interpretation and resource identification projects. In addition to managing client projects, he serves as a primary consultant to Placer County in the development of a Programmatic General Permit, a program to allow Placer County to issue wetland permits for projects involving small amounts of fill in waters of the U.S. in western Placer County.

ACADEMIC DEGREES AND PROFESSIONAL CERTIFICATES
B.S., Botany, University of California, Riverside, 1985 Private Pilot Certificate
Remote Pilot Certificate (Part 107)

PROFESSIONAL AFFILIATIONS
International Society of Wetland Scientists
California Botanical Society

CURRENT REPRESENTATIVE AIRPORT EXPERIENCE
 Chowchilla Municipal Airport (2017-2020)
In 2020, at the request of the city of Chowchilla, Salix conducted a Biological Resources Assessment for an approximate 6.1-acre privately owned property with a building, located at the end of the runway of the Chowchilla Municipal Airport. In 2017, Salix conducted a preliminary wetland assessment at Chowchilla Municipal Airport and provided a map and report illustrating potential wetlands totaling just over an acre within the airport infield. The work was conducted as part of planning to implement improvements in the runway safety area at the north end of the 12-30 runway.
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 Colusa County Airport (2003 and 2020)
In 2020, Salix provided aerial mapping services with an Unmanned Aerial Vehicle (UAV), providing high-resolution UAV-derived datasets of the Colusa County Airport. The coverage area included the entire airport property with a focus on the runway to identify pavement details. In 2003, a special-status plant survey was conducted on the airport, located to the west of the Colusa National Wildlife Refuge. The special-status plants targeted for the survey were identified in the Colusa County Airport Master Plan.
 Livermore Municipal Airport (2020)
Salix conducted a wetland delineation and a Biological Resources Assessment for a 3-acre parcel that is owned by the City of Livermore and is part of the Livermore Municipal Airport. The parcel is being considered for retail development.
 Mammoth-Yosemite Airport (2019-2020)
The airport is owned by the Town of Mammoth Lakes and is located within the town limits. The Town has proposed a Terminal Area Development Plan that would significantly expand the airport’s ability to provide services to airport users. Salix conducted a Biological Resources Assessment on the ±24 -acre Mammoth Yosemite Airport Terminal Area Development Plan study area. Salix also conducted UAV aerial surveys to collect aerial photography, topographic data, and other visuals that were used for outreach to inform the public on the proposed airport improvements.  Ramona Airport (2020)
Salix conducted a reconnaissance level biological and wetland site assessment of a 20-acre Countyowned leased property located at the Ramona Airport in Ramona, CA, to evaluate potential effects on sensitive habitat and waters of the U.S.
 Truckee-Tahoe Airport (2012-2020)
Between 2012 and 2020, Salix conducted five biological studies and several reconnaissance-level assessments in support of proposed Truckee-Tahoe Airport projects, such as runway rehabilitation, hangar construction, a medical flight facility, a land exchange, and expansion of the Administration Building parking lot. The studies included biological and wetland constraints assessments and a rare plant survey.
 Tulelake Municipal Airport (2020)
Salix provided an analysis of current special-status species database queries to update Biological Resources Reports prepared in 2009 and 2003.
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Paul Akers, PLS, PMP
Geospatial Project Manager
A licensed professional surveyor and recognized expert in the FAA Airport GIS program, Paul Akers is responsible for multiple types of aviation geospatial projects and clientele.

His extensive experience includes photogrammetric and geodetic surveys, GIS data collection and analysis, airborne GPS applications, topographic surveys, geodetic leveling, subsurface utility engineering, hydrographic and boundary surveys. As the Manager for numerous aviation-specific geospatial related projects, Paul possesses technical expertise on all mandatory aspects of FAA and related geospatial surveys and mapping requirements.

To-date, Paul has overseen the completion of over 500 aeronautical surveys. His project work has also extended into aviation planimetric and topographic data collection projects supporting Airport Layout Plans (ALPs), airport asset management data collection to support enterprise information system development, and high accuracy geodetic control establishment. Over the past five years, Paul has worked with the Woolpert team and the FAA on the development of documented standards, data model improvements, and quality control standards. He is frequently asked to participate on industry expert panels, provide workshops and informational presentations at industry events and conferences, and to provide his opinion on the data collection plans and reports developed by others in the industry.

Project Experience
Montgomery-Gibbs Executive Airport and Brown Field Municipal Airport ALP and Master Plan Development Services—San Diego, California. Project Manager responsible for overall contract management, scheduling, client coordination, data review, and QA/QC of orthophotography, final reports, and AGIS deliverables. As a subconsultant, Woolpert was selected to help prepare Master Plans and ALPs for Montgomery-Gibbs Executive Airport and Brown Field Municipal Airport. The Woolpert team also collected new digital color aerial photography and topographic/planimetric and obstruction mapping of each airport per FAA Advisory Circulars 150/5300-16B, -17C and -18B. The new aerial photography was used for preparing base maps, the ALPs, and airspace and inner approach surface drawings.

San Diego International Airport Airspace Analysis Survey—San Diego, California. Project Manager tasked with contract management, planning for aerial imagery acquisition, and safety-critical data delivery. Woolpert was selected to provide an airspace analysis survey of Runway 09 and 227 at the San Diego International Airport (SAN) per FAA Advisory Circular 150/5300-18B criteria for submission through the FAA Airports GIS portal. The Woolpert photogrammetry team developed a flight plan, coordinated the acquisition of new aerial photography, and processed and analyzed the collected imagery data. Research was performed on all NGS geodetic control marks within the area, along with a radial search and review of any potential obstructions listed on the FCC and OEAAA websites. Woolpert utilized BAE System’s ClearFlite software for both photogrammetric obstruction analysis and as a quality control check of ground-surveyed obstructions. The final deliverables included an AGIS-compliant data file of safety-critical runway data and the final survey report.

Phoenix Sky Harbor International Airport Airspace Analysis Survey—Phoenix, Arizona. Project Manager who prepared fee estimates, provided quality control of imagery reports and survey data, communicated closely with the client, and delivered final reports. In support of the Phoenix Sky Harbor International Airport (PHX), the Aviation Department of Phoenix intended to collect GIS data in compliance with FAA Advisory Circulars 150/5300-16A, -17C, and -18B. The main goals of this effort were to evaluate applicable existing airport data for compliance with FAA Advisory Circular 150/5300-18B, Table 2-1-Aeronautical Survey and Airport Base Mapping Database requirements. Attributes were migrated from existing attribution 2D airport features to new 3D AGIScompliant features as supported by the gap analysis report findings. Woolpert collected aerial photogrammetric data, conducted an obstruction survey, developed planimetric data and collected attributions to support airport planning, design, and construction activities. Subsequently, Woolpert developed and deliver GIS features for the airport configuration and data necessary to support an upcoming airport Master Plan and Runway Incursion Mitigation study.

Experience
35 years
Education
Associates, Civil Technology, Surveying
and Mapping, Thompson School of
Applied Science
Professional Registration
Professional Land Surveyor, AR #1565, FL
#5377, GA #003020, NC #4144
Project Management Professional,
National #1932572
Professional Data
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Mike Zarlengo, PLS
Project Surveyor
Mike is a licensed Professional Land Surveyor with over 16 years of experience from multiple types of geospatial projects. His practical skills include photogrammetric and geodetic surveys, GIS data collection and analysis, airborne GPS applications, topographic surveys, geodetic leveling, subsurface utility planning, hydrographic, and boundary surveys. Mike coordinates with field survey crews, clients and engineers to perform project assignments, assists in developing the skills of other survey personnel, and is responsible for improvement of project quality control and quality assurance.

Mike is proficient with equipment including Trimble GPS, AutoCAD Civil 3D, ArcGIS, MicroStation, and geomatics as surveying data retrieval methods in his line of work.

Mike has contributed to many national large-scale data collection procedures that involve land development, drainage, buildings, roads and pipelines. He has also extensively worked with green resource agencies to limit environmental impact to areas of concern, including special status, threatened and endangered species. Mike has conducted key preliminary assessments of natural resources in the event of draining installations, delineation of water sources, vegetation clearings, etc.

Project Experience
Montgomery-Gibbs Executive Airport and Brown Field Municipal Airport ALP and Master Plan Development Services—San Diego, California. Surveyor who finalized reports and AGIS deliverables. Woolpert was selected to help prepare Master Plans and ALPs for Montgomery-Gibbs Executive Airport and Brown Field Municipal Airport. The Woolpert team also collected new digital color aerial photography and topographic/planimetric and obstruction mapping of each airport per FAA Advisory Circulars 150/5300-16B, -17C and -18B.

San Diego International Airport Airspace Analysis Survey—San Diego, California. Surveyor responsible for conducting the airside survey. Woolpert was selected to provide an airspace analysis survey of Runway 09 and 27 at the San Diego International Airport (SAN) per FAA Advisory Circular 150/5300-18B criteria for submission through the FAA Airports GIS portal. The Woolpert photogrammetry team developed a flight plan, coordinated the acquisition of new aerial photography, and processed and analyzed the collected imagery data. Research was performed on all NGS geodetic control marks within the area, along with a radial search and review of any potential obstructions listed on the FCC and OEAAA websites. Woolpert utilized BAE System’s ClearFlite software for both photogrammetric obstruction analysis and as a quality control check of ground-surveyed obstructions. The final deliverables included an AGIS-compliant data file of safety-critical runway data and the final survey report.

San Carlos Airport Airspace Analysis—San Carlos, California. Surveyor tasked with performing an airport airspace analysis survey of the existing approaches of Runway 12-30. The AAAS for this project followed the standards for a vertically guided runway survey.

Woolpert initiated and completed the AGIS project process on the AGIS web portal as an instruction procedure development survey to develop SOW and plans as required. Woolpert also established photogrammetric control and collected stereo imagery covering the surface area of the runway standards. Woolpert compiled and submitted the necessary plans, reports, and data files to the FAA.

The airside survey included tasks from preparation, coordination, observation, and reduction of safety criteria data. Woolpert utilized the ClearFlite software developed by BAE to measure and record obstructions and to quality control any obstruction analysis completed via the ground survey.

San Francisco International Airport Aerial Imagery and Obstruction Analysis—San Francisco, California. Surveyor responsible for field data collection and inventory. Woolpert collected aerial photogrammetry, conducted an obstruction survey, and evaluated changes to previously collect planimetric data to support San Francisco International Airport's (SFO) planning, design and construction activities. As part of the As-Needed GIS Support Services contract, the airport needed to maintain and update their AGIS data as well as other GIS datasets deemed important to their business needs. As part of this task order, Woolpert developed, collected and converted new imagery for areas both on and off the airport in compliance with FAA Advisory Circulars. The team updated obstacle data previously collected and used it to analyze impacts on the surrounding airspace.

Experience
16 years
Education
Bachelor of Science, Geomatics
Engineering, The Ohio State University
Professional Registration
Professional Land Surveyor, California
#8795
Professional Data
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APPROACH TO PROJECTS
SECTION 3
The Brandley Engineering Team’s approach to airport planning and environmental projects centers around consistent involvement and communication with the client and the FAA. At the beginning of each project we hold a scoping meeting with the client to discuss the scope of the project and identify all technical and functional needs of the Airport and any anticipated challenges or complications. This meeting is critical to ensure our planning incorporates the needs of the client and fully accommodates the unique challenges that are specific to that airport. In addition, frequent meetings are held with the client throughout planning to review the status, discuss any new challenges that have been uncovered throughout the planning, and ensure the Airport’s needs are being accommodated.

Early and frequent involvement with the FAA staff of the San Francisco ADO and Regional Offices is a cornerstone of our philosophy and a key ingredient to efficient FAA approval of projects. In addition, detailed cost estimates are developed in the preparation of the ACIP to ensure the FAA programed grant funding matches the Airport’s ultimate plan. Any modifications affecting costs are coordinated with the FAA.

Brandley Engineering has a qualified staff that works together daily as a team. We rely on each other, and sub-consultants as necessary, to ensure that top quality, coordinated documents are produced. The ability to work seamlessly together as an efficient team provides us the important capability to ensure that all phases of a project are coordinated and completed in an efficient and cost-effective manner. A project manager from our staff is assigned to each project and is responsible for carrying out the planning and/or design for that project. Every project is thoroughly reviewed by Melissa and/or Damon Brandley throughout the project and before the final documents are submitted to the client.

Our office has implemented a vigorous quality control program with multiple checks and balances to ensure every document that is submitted is comprehensive, accurate and represents the quality that our name has been associated with for 69 years. Each document is thoroughly reviewed by the project manager assigned to that airport and a minimum of one other project manager from our firm.

We have a unique capability of handling all phases of the work in our office or with other team members when necessary and, as a result, can provide a full service on all projects.

We intimately know the requirements and standards of the Federal Aviation Administration and of the Caltrans Division of Aeronautics and are prepared to proceed quickly with the planning of all projects.

Our approach to all planning on airports includes the following:
3-1 AIRPORT CAPITAL IMPROVEMENT PROGRAM (ACIP)
For all our clients we provide assistance in planning and development of their Airport Capital Improvement Plan (ACIP), including meeting with the client and the F.A.A. to review the desired development at the airport and preparing the ACIP including estimates of cost, program narrative, and sketch maps.

Our approach to development of a useful and practical Airport Capital Improvement Plan (ACIP) includes using the expected 2023 Pavement Maintenance Management Plan (PMMP) as a guide to prioritize the rehabilitation needs of existing pavements and the Airport’s Airport Layout Plan as a guide to prioritizing the need for new development on the Airport. The ideal ACIP includes finding a balance between the Airport’s needs and priorities and FAA’s funding priorities, as well as the client’s available matching funds. As a result, we develop an ACIP that provides the Airport with a useful plan to achieve their goals and places the Airport in a position to have the maximum competitive advantage for receiving discretionary funding for FAA AIP grants. 195
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3-2 FEDERAL AVIATION ADMINISTRATION (FAA) AIRPORT IMPROVEMENT PROGRAM (AIP) Once the ACIP has been prepared and submitted to the FAA, our office prepares all necessary applications and documentation for the FAA AIP grant funding and, if desired, for the Caltrans matching grant program. 3-3 AIRPORT MASTER PLANNING
In 2023, Oroville Municipal Airport is planning an Airport Layout Plan Narrative with Updated ALP drawings and Exhibit “A” (Property Map) and an Aeronautical Study. These documents will serve to update the 2013 Airport Layout Plan Update. In 2013, Brandley Engineering prepared the Airport Layout Plan Update for the Oroville Municipal Airport including updated ALP Drawings and a Narrative Report. Our office has on file all base data for the proposed 2023 ALP Update including AutoCAD drawings, aviation forecast information, property boundary information and the past and future projects anticipated at the Oroville Municipal Airport.

It is vital during the initial stages of an Airport Layout Plan Update that the critical aircraft (aircraft or group of aircraft with over 500 operations per year) be determined in order that the Runway Design Code (RDC) can be determined. This important step sets the standards which all Airport Layout Plan elements must meet.

Careful and diligent examination of all available data is necessary in order to ensure the Airport determines the appropriate critical aircraft that is currently operating at the airport. This will provide the minimum dimensions of pavements, safety areas, and object free areas, which will help determine the areas on the airfield that are available for future development. This step requires careful coordination with the Airport and Airport users to gather as much available data as possible and also careful FAA coordination to ensure a smooth and efficient FAA approval of the critical aircraft. Careful attention will be paid to make the best efforts possible to protect the current Runway 2-20 C-III Runway Design Code and minimize the required decrease in this code based on existing traffic counts in order to best protect the future capacity to serve larger jet operations at Oroville Municipal Airport.

Oroville Municipal Airport is ideally situated between Chico and Sacramento and has two runways, including one 6,020-foot runway. There is ample opportunity for expansion at the Oroville Municipal Airport. The existing airport property encompasses large sections of undeveloped land that are ideal for future aviation and airport compatible commercial/industrial development. Our approach to the development of the Airport Layout Plan will include proper planning for expansion of Airport facilities to accommodate increased aviation activity. This may include future hangar areas, apron expansion, new fueling facilities, and areas for expanded FBO and aviation businesses, as well as providing areas for aviation compatible commercial/industrial areas.

The existing Runway 2-20 currently has two Runway Safety Area violations with a fence and portion of Afterbay Drive crossing the Runway Safety Area of this C-III runway. This RSA violation will require special attention to plan the mitigation in a way that best protects the airport’s future capacity to serve larger jet operations. The critical aircraft determination discussed above will play an important part in the mitigation plan for this RSA violation as it will set the dimensions of the RSA and provide justification for any planned mitigation measures. For all ALP efforts, careful attention is paid to ensure that all proposed future and existing facilities meet all FAA standards.

For all Airport Layout Plan efforts, a high importance is placed on consideration of the environmental challenges unique to each individual airport and ensuring all future development plans minimize the environmental complications. The ALP narrative report will include a chapter on analysis of the general environmental challenges to the airport. This information will be considered during the “alternatives analysis” for all future developments in order to provide a practical plan for airport development that minimizes the environmental complications for future projects. Portions of Oroville Municipal Airport are designated critical habitat for endangered fairy shrimp. Brandley Engineering conducted extensive environmental studies on the fairy shrimp habitat during the engineering design of the Runway 2-20 extension. We have on file accurate data on the locations of these designated critical habitat locations and are the best firm to provide planning for future development that incorporates consideration of the locations and protection of the fairy shrimp on the airport in order to create a feasible and economically viable plan for future development. 196
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Our staff is current on FAA requirements for airport master planning and airport design. The Federal Aviation Administration has developed Standard Operating Procedures (SOP) for Airport Layout Plans and Property Maps, known as Exhibit “A”. Our office prepares all Master Plans in accordance with Advisory Circular 150/5070-6B, Airport Master Plans, and with Advisory Circular 150/5300-13B, Airport Design. Appropriate data and recommendations from area-wide planning agencies and the California Department of Transportation, Division of Aeronautics, are used and evaluated in these planning documents.

As part of the Airport Layout Plan Update,
an Airport Geospatial Information System
(AGIS) survey will be conducted to support
the Airspace Analysis for instrument approach
and departure procedures into Runway
Approach 12-30, along with the development
of an Obstruction Mitigation Plan. Woolpert Inc.
will be responsible for the AGIS aeronautical
survey. To streamline the survey process
and to assist with the obstacle verification
process, Woolpert has developed the Woolpert
Aeronautical Surveying Program (WASP) toolkit.

A proprietary collection of tools that allows for
better quality control and improved storage of
large datasets being developed. WASP connects to the FADDS database and populates a research checklist complete with the owner and manager contact information, the existing runway information, existing NAVAID information, and the controlling obstacle for each runway end. This toolkit can automatically create any type of AC150/5300-18B-13A, Part 77, or EB99 Obstacle Identification Surface (OIS). Additionally, this toolkit incorporates information from the National Geodetic Survey (NGS), FCC Antenna Structure Registration, and the OE/AAA databases. For example, the WASP toolkit was utilized on the FAA’s Wide Area Augmentation System (WAAS) and allowed a streamlined obstacle verification approach to be developed, as well as included quality control processes and improved storage of large datasets being developed. The OIS surfaces auto generated from the WASP toolkit are imported into the Airfield 3D module of DAT/EM. DAT/EM Airfield 3D collects obstacle and planimetric data in a 3D environment. Airfield 3D automatically sends 3D (x, y, z) ground coordinates to the CAD and GIS software for immediate feedback and feature verification. The DAT/EM software is also capable of identifying whether the elevations of the obstacles are above or below the OIS surfaces. The resulting obstacles and penetration values are stored in the Airfield3D/ESRI ArcMap software as a Geodatabase or Shapefiles. If any additional planimetric mapping or topographic features need to be collected, those features are extracted from the imagery, in a 3D stereo environment in the same Geodatabase or Shapefiles.

Brandley Engineering’s approach to airport planning services is as follows:

PROJECT

SCOPING/

PRE-PLANNING
Work with the Sponsor and the FAA to identify the specific airport development issues to be addressed and evaluate data available/required in the Airport Layout Plan Update, including but not limited to:
• Sponsor goals and objectives
• Availability of data including aviation forecasts and airport inventory data.
• Timeframe for forecasts – Short, intermediate, and long term. • Environmental considerations
• Schedules – Coordination and reviews and completion of deliverables. • Deliverables – Number, type, and format
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INVENTORY

AVIATION

FORECAST/

CRITICAL

AIRCRAFT
It is vital during the initial stages of an ALP Update that the airport forecast and critical aircraft be determined in order to establish the existing and future operational demands on the airport and the Runway Design Code (RDC). This step requires careful coordination with the Airport and Airport users to gather as much available data as possible. Careful early FAA coordination is necessary to ensure a smooth and efficient FAA approval of the critical aircraft. Preparation of aviation forecasts is a very important first step in the preparation of an Airport Layout Plan as everything from determination of critical aircraft to future development of the airport is based on aviation forecasts.

Evaluate existing airport conditions including surrounding community and the Airport’s roles in supporting its community.
• Inventory existing airport facilities, features & services provided including Airfield Facilities, Building Facilities, Airspace, Lighting and Navaids, Services Available (Fuel, AWOS etc..), Access, Utilities and Security etc..

ENVIRONMENTAL Evaluate environmental challenges unique to the Airport when considering future development to provide a practical plan that minimizes the environmental complications for future projects. Particular to the Oroville Municipal Airport, there are designated areas of “critical habitat” that will require careful planning and/or mitigation to protect these areas. A portion of the Airport Layout Plan Narrative will be dedicated to Environmental and Wildlife Hazard Management Considerations.

AGIS

FACILITY

REQUIREMENTS

ANALYSIS
An Airspace Analysis will be prepared for instrument approach and departure procedures into runway approaches. Aeronautical survey and mapping will meet the standards outlined in FAA Advisory Circulars 150/5300-16A, -17C, and 18B. The survey will be completed for:
• Instrument Approach Procedure Development – RVG approach for Runway 2-20 and Runway 13-31.
• Part 77 analysis
• Airport Layout Plan Data
Our office will prepare an obstruction analysis based on the AGIS survey.

Evaluate the Airport’s ability of existing features identified in the “Inventory” to meet the current and future demand based on the “Aviation Forecast”.
• Each airport feature is evaluated (Runway and taxiway width, length, orientation, apron size and configuration, airspace requirements, Navaids, airport drainage etc.) and compared to the FAA design standards.
• Incorporates obstruction analysis from the AGIS aeronautical survey. • Incorporates existing pavement rehabilitation needs from the PMMP. • Includes evaluation of existing environmental issues and constraints. • This important step provides justification for the future developments proposed on the ALP and identifies a list of “action items” which need to be addressed on the ALP
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ALTERNATIVES

DEVELOPMENT
AND

EVALUATION
Brandley Engineering will work with the City of Oroville to develop and evaluate various alternatives to address each “action item” identified in the “Facility Requirements Analysis”. Potential solutions to the “action items” such as a taxiway extension, tee hangar development, apron expansion, access roads, parking lots, and navigational aids will be defined. Several different concept layouts will be presented with an accompanying cost/ benefit analysis of each.

AIRPORT
LAYOUT
PLANS

DEVELOPMENT

SUMMARY

NARRATIVE
REPORT
Airport Layout Plan drawing set incorporating the selected “Alternative Developments” will include the following:
• Cover Sheet
• Airport Layout Plan
• Data Tables
• Terminal Area Layout Plan
• Airport Airspace Drawing
• Inner Portion of Approach Surface Drawing(s)
• Airport Land Use Drawing
• Airport Property Map, Exhibit “A”
Brandley Engineering will work with the City of Oroville to prioritize and phase the proposed development to meet the Airport’s short-, mediumand long-term needs and goals. Cost estimates will be prepared for each proposed project. A realistic future project schedule and timeline will be created with careful consideration of local and FAA financial constraints.

The comprehensive Narrative Report will include details of each of the steps listed above and will provide the City of Oroville with a well justified and realistic plan for development of the Airport to improve the Airport’s usability and importance in the local community.
3-4 ENVIRONMENTAL SERVICES
Wallace Environmental Consulting’s philosophy for environmental studies centers around developing a plan that satisfies all environmental requirements and restrictions in a way which provides the least impact to the Airport and future airport development. Too often environmental studies focus solely on evaluating and mitigating the environmental constraints without considering the impact of potential mitigation measures on the future development of the Airport. Wallace Environmental Consulting studies various mitigation options and places a high importance on recommending a mitigation plan which provides the least impact to the Airport and minimizes limitations on the future development of the Airport. This results in a “practical” environmental study which provides the Airport with a plan to properly address environmental challenges in a manner which compliments the Airport’s goals and future development.

All projects proposed to be developed on an airport are required to be categorically excluded in accordance with the National Environmental Policy Act (NEPA) as administered by the FAA. Wallace Environmental Consulting will prepare a Categorical Exclusion for each development project proposed on the Oroville Municipal Airport’s 5-year ACIP. These documents will be submitted to the FAA for approval prior to submitting an application for FAA funding under the AIP grant program.

Any projects that cannot be categorically excluded in accordance with NEPA will be subject to an Environmental Assessment (EA). If required, Wallace Environmental Consulting will prepare an EA in accordance with NEPA, the Council on Environmental Quality (CEQ) regulations (Title 40, Code of Federal Regulations Parts 1500- 199
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PLANNING SERVICES FOR AIRPORT CAPITAL IMPROVEMENT PLAN STATEMENT OF QUALIFICATIONS OROVILLE MUNICIPAL AIRPORT OCTOBER 14, 2022
3-6
1508), FAA Order 1050.1F, Chapter 6, Section 6-2, Sub-Section 6-2.1 (Policies and Procedures for Considering Environmental Impacts), and FAA Order 5050.4B, (National Environmental Policy Act Implementing Instructions for Airport Actions).

An EA evaluates the potential environmental impacts and, if necessary, recommends mitigation measures of proposed federal actions when those actions, as proposed by the Airport sponsor, cannot be categorically excluded in the presence of extraordinary circumstances in accordance with FAA Order 1050.1F. In an EA, Wallace Environmental Consulting, the City of Oroville, and the FAA will cooperatively develop the project’s purpose and need and project alternatives. Alternative analysis must include a “no project” alternative, the preferred alternative and, if possible, reasonable alternatives which meet the project’s purpose and need.

Regardless of the alternatives evaluated in an EA, to fully assess the project’s impacts, the EA will evaluate the environmental resource categories using guidance provided in FAA Order 1050.1F, and will be prepared to provide the community with full disclosure and to assist the FAA in making funding recommendations.

Wallace Environmental Consulting’s approach to airport environmental services is as follows:

FAA

COORDINATION

PROJECT

SCOPING/

PRE-PLANNING

CONFIRM NEPA
/CEQA

DOCUMENTATION
From the project outset to project completion, WEC will coordinate with the FAA to minimize delays and act as a liaison between the City and the FAA.

WEC will confirm that any proposed project is shown on the conditionally approved ALP, or that the FAA has agreed to a pen and ink change.

Confirm that project design is at least 25% complete and that construction staging areas and ingress and egress routes are established.

Confirm with the FAA the type of NEPA compliance document – Categorical Exclusion; Environmental Assessment. Confirm with the City CEQA

PROJECT

DESCRIPTION

PURPOSE AND
NEED
CEQA documentation and NEPA documentation are closely aligned and can be prepared simultaneously. As required, WEC will coordinate CEQA public notices and public meeting with the NEPA process and will use NEPA research and documentation to inform the CEQA document. The FAA does not allow combing its NEPA document with CEQA documents, but can reimburse the sponsor for certain CEQA costs. WEC is very experienced managing the tandem NEPA/CEQA process.

WEC will work with the City and the Airport Engineer to develop a project description to be carried throughout the document. This is particularly important for a NEPA Environmental Assessment and for CEQA documents There are two Purpose and Needs: 1) The FAA’s Purpose and Need, and 2) the Sponsor’s Purpose and Need. Although different, the two should align to provide precise reasons for the proposed action.

CATEGORICAL

EXCLUSIONS
If the project is eligible as Categorical Exclusions, either as a simple written SOP or as a “Documented CatEx”. WEC will prepare each Categorical Exclusion using FAA ADO guidance. New federal guidelines emphasize that an extraordinary circumstance, such as an impact to endangered species, does not automatically preclude the use of a “mitigated” Categorical Exclusion.
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PLANNING SERVICES FOR AIRPORT CAPITAL IMPROVEMENT PLAN STATEMENT OF QUALIFICATIONS OROVILLE MUNICIPAL AIRPORT OCTOBER 14, 2022
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ALTERNATIVES

DEVELOPMENT

ENVIRONMENTAL

SETTING

ENVIRONMENTAL

CONSEQUENCES
In addition to the proposed action and the required no action alternative, WEC may recommend other project alternatives, usually to avoid an impact which could delay project construction. NEPA guidance allows documentation that only includes the proposed project and the no-action alternative. Project alternatives, if any, will meet the City’s Purpose and Need and would reflect only reasonable alternatives.

WEC will describe the environmental setting for each environmental category. The more likely that an environmental category is located within the project area, the more detailed the environmental setting description.

WEC will identify the environmental categories affected by the proposed project and will analyze the impacts to those environmental resources. If there are no impacts, the environmental document will so state and only those resources affected by the project will be evaluated in detail. 3-5 DEMONSTRATED ABILITY TO RESPOND QUICKLY
The Brandley Engineering and Wallace Environmental
Consulting Team’s ability to complete projects in an
efficient manner centers around the development of
a qualified staff which works together as an efficient
team and an organized approach to anticipate and
avoid potential stumbling blocks which can result in
costly delays. Our approach to airport planning and
environmental projects starts with placing a high
importance on maintaining consistent involvement
and communication with the client and the FAA staff
at the San Francisco ADO and Regional Offices. At
the beginning of each project, we hold a scoping
meeting with the client to discuss the scope of the
project and identify all technical and functional needs of the Airport and any anticipated challenges or
complications. This meeting is critical to ensure our planning incorporates the needs of the client and fully accommodates the unique challenges that are specific to that airport. In addition, frequent meetings are held with the client throughout each project to review the status, discuss any new challenges that have been uncovered throughout the planning effort, and ensure the Airport’s needs are being accommodated. This ensures that Brandley Engineering and Wallace Environmental Consulting projects are completed on time and within budget.

All members of the Brandley/Wallace staff can begin work immediately following contract execution as needed on Oroville Municipal Airport projects. We schedule the work as soon as we receive authorization to proceed on a project and hold weekly meetings to ensure all projects are being completed on time and within budget.

Melissa will be the point of contact for all airport planning and environmental services performed for the Oroville Municipal Airport. Our team understands the importance of responding quickly to client and FAA questions and requests and can make ourselves available for personal meetings, Zoom meetings, or phone calls with short notice.

The offices of Brandley Engineering and Wallace Environmental Consulting have a proven track record of producing projects on time and within budget. Our track record with FAA of successfully meeting very tight schedules has resulted in FAA’s confidence to offer last minute funding to our clients. 201
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When you bring in Brandley Engineering, you will work directly with Principals Melissa and Damon Brandley on the phone, in meetings, on site during construction. Every time.

You Hire Brandley,
You Get Brandley.

Melissa Brandley, P.E Damon Brandley, P.E
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BRANDLEY ENGINEERING

SCHEDULE OF CHARGES/RATES

PLANNING/ENVIRONMENTAL

PERSONNEL
Principal Engineer............................................................. $300/Hour Project Manager/Project Engineer .................................... $180/Hour Junior Engineer ................................................................ $120/Hour Senior Drafter/CAD Technician......................................... $120/Hour Junior Drafter/CAD Technician ........................................... $90/Hour Project Administrator ........................................................ $100/Hour Clerical ............................................................................... $80/Hour Testing Technician............................................................ $100/Hour

REIMBURSABLE EXPENSES SCHEDULE
Per Diem ............................................................................$150/Day Vehicle Rental ......................................................................$50/Day Mileage............................................................................. $0.58/Mile Printing Charges............................................................. Cost + 10% Overnight Mail ................................................................ Cost + 10% Outside Subconsultant.................................................... Cost + 10% 203
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EXHIBIT B

INSURANCE REQUIREMENTS FOR CONSULTANTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, or employees.

Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001).

2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto).

3. Workers’ Compensation insurance as required by the State of California and Employee’s Liability Insurance.

4. Errors and Omissions Liability insurance appropriate to the consultant’s profession. Architects’ and engineers’ coverage is to be endorsed to include contractual liability.

Minimum Limits of Insurance
Consultant shall maintain limits no less than:

1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

4. Errors and Omissions Liability: $1,000,000 per occurrence.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, 204
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employees and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Other Insurance Provisions
The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as additional insured's as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant.

2. For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers.

Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.

4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A. M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time. 205
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