Agenda packet — Oroville City Council, April 4, 2023 (part 1 of 2)

April 04, 2023~4:00 PM Oroville City Council Meeting Agenda Page 1 of 6

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
April 04, 2023

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

PUBLIC ACCESS AND PARTICIPATION
Please review the options below for ways to participate or observe the Council Meetings.

To Observe the Meeting:

1. Live Feed: https://www.youtube.com/channel/UCAoRW34swYl85UBfYqT7IbQ/

2. Zoom Link: https://zoom.us/j/96870319529?pwd=dW9kMGRZSFo5MFFNQk5wVDUzRkRrZz09

3. Zoom Application: Meeting ID: 968 7031 9529 Passcode: 67684553

4. By Phone: Telephone: 1-669-900-6833 Meeting ID: 968 7031 9529 Passcode: 67684553 To Provide Comment to the Council:

1. Attend the meeting in person

2. Send an Email by 2:00 PM the day of the meeting to [email protected]. All comments emailed will be provided to the Council Members for their consideration.

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 (1.5) 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: Tracy Johnstone, Krysi Riggs, Scott Thomson, Janet Goodson, Shawn Webber, Vice Mayor Eric Smith, Mayor David Pittman

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 Personnel Officer and City Attorney related to the following positions: Public Works Director and Community Development Director.
1 April 04, 2023~4:00 PM Oroville City Council Meeting Agenda Page 2 of 6

OPEN SESSION

1. Announcement from Closed Session

2. Pledge of Allegiance

3. Adoption of Agenda

PRESENTATIONS AND PROCLAMATIONS

1. The City Attorney will provide a presentation on Sober Living Environments.

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 council may approve the minutes of March 21, 2023

RECOMMENDATION
Approve the minutes of March 21, 2023.

2. CONSIDER AND APPROVE NEWLY CREATED JOB DESCRIPTIONS FOR HUMAN

RESOURCE/RISK MANAGER, HUMAN RESOURCE ANALYST, AND HUMAN RESOURCE

TECHNICIAN
The City Council will consider adopting job descriptions for the Human Resource/Risk Manager, Human Resource Analyst, and Human Resource Technician.

RECOMMENDATION
Approve the attached job descriptions for Human Resource/Risk Manager, Human Resource Analyst, and Human Resource Technician.

3. AWARD OF CONTRACT; YARD AND BRIDGE STREET INTERSECTION IMPROVEMENT

PROJECT
The Council may consider awarding a contract to All-American Construction of Live Oak for the construction of the Yard and Bridge Street Intersection Improvement Project.

RECOMMENDATION
Staff recommends awarding a contract to All-American Construction, Inc for $174,773.00, and allocating $18,000.00 for contingencies. Staff recommends that the City Administrator be authorized to execute the contract.
2 April 04, 2023~4:00 PM Oroville City Council Meeting Agenda Page 3 of 6

4. AWARD OF CONTRACT; PORTLAND LOOS PROJECT
The Council may consider awarding a contract to R&R Horn Contractors, Inc. of Chico for the construction of the Portland Loos Project.

RECOMMENDATION
Staff recommends awarding a contract to R&R Horn Contractors, Inc. for $460,169.00 and allocating $47,000.00 for contingencies, for a total of $507,169 Staff recommends the Council authorize the City Administrator to execute the contract. Staff recommends approval of $407,169 and reallocating $100,000 from the Veterans Project.

5. AGREEMENT FOR AS NEEDED PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES WITH RUSSELL, GALLAWAY ASSOCIATES, INC.

The Council may consider authorizing the Mayor to execute an agreement for as needed professional architectural and engineering services with Russell, Gallaway Associates, Inc.

RECOMMENDATION
Authorize the Mayor to contract with Russell, Gallaway Associates, Inc. for as needed professional architectural and engineering and design services and approve Task Orders 1 & 2.

6. TRANSFER OF BEDROCK PARK PARCEL FROM FEATHER RIVER RECREATION AND PARKS DISTRICT TO THE CITY OF OROVILLE: APN 035-290-019 The Council may consider acceptance of Assessor’s Parcel Number 035-290-019 containing a portion of the Bedrock parking lot, from Feather River Recreation and Parks District (FRRPD) to the City of Oroville.

RECOMMENDATION
Adopt Resolution No. 9131 – A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORING AND DIRECTING THE MAYOR TO EXECUTE ALL TITLE AND ESCROW

DOCUMENTS RELATED TO THE TRANSFER OF ONE FEATHER RIVER RECREATION AND PARKS DISTRICT PROPERTY; APN: 035-290-019, TO THE CITY OF OROVILLE

7. RATIFICATION OF ADDITIONAL REMEDIATION AND REPAIRS AT 33 CANYON

HIGHLANDS DRIVE
The City Council is requested to ratify additional remediation work which was required to clear a home of mold spores due to a water leak at 33 Canyon Highlands Drive.

RECOMMENDATION
Staff recommends Council ratify the expenditures that were made for this emergency remediation at 33 Canyon Highlands Dr.
3 April 04, 2023~4:00 PM Oroville City Council Meeting Agenda Page 4 of 6

8. CONTRACT FOR ADMINISTRATIVE HEARING OFFICER SERVICES RELATED TO CODE

ENFORCEMENT
The Council may consider the approval of an agreement for Administrative Hearing Officer services for the City of Oroville.

RECOMMENDATION
Approve Agreement No. 3452.

9. VOICE FOR THE ARTS AWARD SELECTION
The Council may approve the Arts Commission recommendations for the Voice of the Arts Award.

RECOMMENDATION
Approve the Arts Commission recommendation and award the Voice of the Arts Award to Community Individual Don Remley.

REGULAR BUSINESS

10. SELECTION OF THE 2023 SAMUEL J. NORRIS AWARD FOR EXCELLENCE RECIPIENT The Council will consider the selection of a recipient for the 2023 Samuel J. Norris Award for Excellence.

RECOMMENDATION
Select a recipient for the 2023 Samuel J. Norris Award for Excellence, to be presented at the State of the City Address on April 25, 2023, at the Oroville State Theatre.

11. LETTER FROM YMCA REQUESTING CITY PARTNERSHIP IN BUILDING DOWNTOWN

SWIMMING POOL/ATTRACTION
At the request of Council Member Johnstone and Council Member Webber, the Council will discuss the letter received from the YMCA of Superior California (YMCA) requesting to partner with the City to discuss bringing a pool to the downtown area of Oroville.

RECOMMENDATION
Provide staff direction; which could include recommending that this topic be initially discussed at the Council Executive Committee.
4 April 04, 2023~4:00 PM Oroville City Council Meeting Agenda Page 5 of 6

12. RE-ESTABLISHMENT OF THE COMMUNITY ENHANCEMENT BUDGET UNIT At the March 21, 2023 regularly scheduled City Council meeting, Council Member Thomson and Council Member Webber discussed putting on the agenda the concept of providing some City funding for a 4th of July fireworks show. In addition, there were conversations of budgeting for funding to potentially help fund other projects that impacted the quality of life of our residents or provided a community benefit. In response to these discussions, staff are bringing forward for Council consideration, the re-establishment of the Community Enhancement budget unit.

RECOMMENDATION
Direct staff to re-establish the Community Enhancement budget unit with $15,000 budgeted; or Direct staff to re-establish the Community Enhancement budget unit with a different dollar amount budgeted; or
Provide other direction to staff.

13. FORMATION OF ARCHITECTURAL DESIGN WORK AD HOC COMMITTEE At the March 21, 2023 regularly scheduled City Council meeting, Council Member Thomson and Council Member Webber requested an item be placed on the agenda to consider the establishment of an ad hoc committee to review architectural design work being performed on City buildings and property.

RECOMMENDATION
Provide direction to staff.

REPORTS / DISCUSSIONS / CORRESPONDENCE

1. Council Announcements and Reports

2. Future Agenda Items

3. Administration Reports

4. Correspondence
i. LAIF Correspondence
ii. Haven of Hope on Wheels Bi-Annual Report
iii. Feather River Recreation and Park District Activity Center Closure 5 April 04, 2023~4:00 PM Oroville City Council Meeting Agenda Page 6 of 6

ADJOURN THE MEETING
The meeting will be adjourned. A regular meeting of the Oroville City Council will be held on April 18, 2023 at 4:00 p.m.

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

Recordings - All meetings are recorded and broadcast live on cityoforoville.org and YouTube. 6 3/31/2023
1 Presented by:

Scott E. Huber
Cole Huber LLP
Regulation of Sober Living
Environments – Status of the Law
Different Housing Types Currently
Existing in California
• Drug and Alcohol Residential Treatment
Facilities
• Community Care Residential Facilities
• Sober Living Environments and Other
Independent Living Environments
1 2
7 Item 1.
3/31/2023
2 Different Housing Types Currently
Existing in California
Drug and Alcohol Residential
Treatment Facilities
• The purpose is for drug and alcohol rehabilitation for adult alcoholics and drug addicts needing treatment
• Regulated by Department of Alcohol and Drug Programs (ADP) • Must be licensed
• Must have on-site management
• State Law preempts local zoning for up to 6 or fewer residents; Conditional Use Permit may be required for 7 or more residents 3 4
8 Item 1.
3/31/2023
3 Community Care Residential
Facilities
• The purpose is to provide non-medical care and supervision for mentally ill, developmentally disabled and other residents with disabilities
• Regulated by Department of Social Services (Community Care) • Must be licensed
• Must have on-site management
• State Law preempts local zoning for up to 6 or fewer residents; Conditional Use Permit may be required for 7 or more residents Sober Living Environments and Other
Independent Living Environments
• The purpose is to provide housing and a supportive environment for adult individuals with disabilities (drug and alcohol addictions)
• Not currently regulated by any state agency, however some agencies may financially support SLEs and have contractual rules for operator to follow
• No licensing required
• No on-site management required
• A local agency may only enforce zoning regulations that apply to all other residential dwelling units
5 6
9 Item 1.
3/31/2023
4 Sober Living Environments in
Communities - Facts
• Sober Living Environments are not regulated by any state agency.
• Currently, no licenses are required or can be mandated for the operation of a Sober Living Environment
• Cities that have tried to regulate Sober Living Environments have been routinely found to be discriminatory in recent cases, such as the City of Encinitas and the City of Costa Mesa
Sober Living Environments – City of
Encinitas
• Passed an ordinance in December 2020
• Separate definitions were provided for “group homes” and “sober living homes” (a subset of group homes), which differentiated those uses from “residential care facilities”.
• 650 foot buffer between other group homes
• SLEs had specific regulations related to participation in a legitimate recovery program, and mandatory good neighbor policies
• All group homes required a permit to operate
7 8
10 Item 1.
3/31/2023
5 Sober Living Environments – City of
Encinitas
• In March 2021, just three months after the ordinance passed, the Department of Housing and Community Development sent a letter stating that they found the ordinance to be discriminatory • Referred the matter to the Attorney General for enforcement • Demanded that the City immediately repeal the ordinance • Discrimination found:
• Protected class discrimination
• Income discrimination among the residents
• Imposition of different requirements on similarly situated residential properties
• Ordinance made housing more difficult for members of a protected class
Sober Living Environments – City of
Encinitas
9 10
11 Item 1.
3/31/2023
6 Sober Living Environments – City of
Costa Mesa
• In 2014 and 2015, Costa Mesa passed ordinances regulating Sober Living Environments
• 650 feet buffer between other group homes
• Required a special use permit for each home
• Mandatory good neighbor policies
• Required occupants to be enrolled in a legitimate recovery program
Sober Living Environments – City of
Costa Mesa
• Costa Mesa had a series of wins in defending their ordinance (likely why Encinitas modeled their ordinance after Costa Mesa’s) • Two SLE operators sued claiming violations of the Fair Housing Act (FHA), the Americans with Disabilities Act (ADA), and the California Fair Employment and Housing Act (FEHA). [SoCal Recovery LLC v. Costa Mesa (2023) 56 F.4th 802.]
• City was granted summary judgment by the District Court • In January 2023, the Ninth Circuit Court of Appeals overturned the rulings, declared that the ordinance is discriminatory, found violations of the FHA, ADA, and FEHA. Further, the Ninth Circuit directed the District Court to make further findings on remand consistent with their opinion.
11 12
12 Item 1.
3/31/2023
7 Sober Living Environments –
Question and Answer
• Are SLEs part of any governmental program or oversight (state, county or city)?
• No
• Does the City have the ability to license or restrict someone from owning or operating a SLE?
• No
• Can the City reject, prohibit, or manage SLE activity? • No
• What happens if the City attempts to treat a SLE household different than any or every other household in the City? • HCD may issue a letter with a referral to the AG
• Litigation that will result in large damages awards
• Reputational harm to the City
Sober Living Environments –
What You CAN Do
• The City can carry out regular code enforcement activities, provided it is done in an equal and evenhanded manner
• For example, the City can enforce:
• Nuisance Abatement Regulations
• Noise Regulations
• Residential Maintenance Standards
• Common Community Regulations
13 14
13 Item 1.
3/31/2023
8 Sober Living Environments –
Going Forward
• I have recently joined a task force that is looking to resolve some of the concerns public agencies have related to SLEs
• There will likely be some legislation that will come about regarding this issue in the coming months
• For the moment, our recommendation is to pause any desire to regulate or restrict SLEs in the City
• The risk of an adverse result is simply too great at this time. 15 16
14 Item 1.

March 21, 2023~4:00 PM Oroville City Council Meeting Minutes Page 1 of 6

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
March 21, 2023

MINUTES
This agenda was posted on March 17, 2023. This meeting was recorded and may be viewed at cityoforoville.org or on YouTube.

CALL TO ORDER / ROLL CALL
Vice Mayor Eric Smith opened the meeting at 4pm.

PRESENT: Council Members: Tracy Johnstone, Krysi Riggs, Scott Thomson (4:05pm), Janet Goodson, Shawn Webber, Vice Mayor Eric Smith, Mayor David Pittman (approximately 5:45-6:55pm)
STAFF: Assistant Community Development Director Dawn Nevers, Assistant City Administrator Ruth Duncan, City Attorney Scott Huber, Director of Code Enforcement Ron Belser, City Administrator Brian Ring, Assistant City Clerk Jackie Glover, Business Assistance and Housing Director Amy Bergstrand, Chief of Police Bill LaGrone, Principal Planner Wes Ervin

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

1. Pursuant to Government Code section 54956.8, the Council met with Real Property Negotiators, City Administrator, and the City Attorney, regarding the properties commonly known as APN: 033-232-001 and 033-232-021

2. Pursuant to Government Code Section 54957(b), the Council met with the Personnel Officer and City Attorney relating to the following positions: Public Works Director and Community Development Director.

OPEN SESSION

1. Announcement from Closed Session – Vice Mayor Smith announced that direction given; no action taken.
a. City Attorney Huber announced that Mayor Pittman was away on official business with the Butte County Housing Authority and that he would be attending via zoom.

2. Pledge of Allegiance – Led by Ophir Students

3. Adoption of Agenda –
The following came to the attention of the city staff subsequent to the posting of the agenda for this March 21, 2023, meeting. Pursuant to Government Code 54954.2, staff is requesting the council take action to add the following item to the agenda:

Amend Agenda to add consent calendar item 11.5, as follows:

Letter in support of H.R. 1586 – Forest Protection and Wildland Firefighter Safety Act of 2023 15 Item 1.

March 21, 2023~4:00 PM Oroville City Council Meeting Minutes Page 2 of 6 Council to consider approving a letter in support of H.R. 1586 Motion by Council Member Goodson and seconded by Council Member Johnstone to approve the agenda with an addition of item 11.5 to the consent calendar. Motion passed.

AYES: Johnstone, Riggs, Thomson, Goodson, Webber, Smith NOES: None
ABSTAIN: None
ABSENT: Pittman

PRESENTATIONS AND PROCLAMATIONS

1. Vice Mayor Smith presented a proclamation honoring the Oroville Concert Association for 70 years of service to the Oroville Community
PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
The following individuals spoke on non-agenda items:
 Bill Speer
The following spoke on agenda items:
 Bill Speer – Future Agenda Items

CONSENT CALENDAR
Motion by Council Member Goodson and seconded by Council Member Riggs to approve the consent calendar items 1-11.5. Motion passed.

AYES: Johnstone, Riggs, Thomson, Goodson, Webber, Smith NOES: None
ABSTAIN: None
ABSENT: Pittman

1. APPROVAL OF THE MINUTES
The Council approved the minutes of March 7, 2023.

2. AGREEMENT WITH ROYAL AIRE TO INSTALL MINI-SPLIT SYSTEM AT 33 CANYON

HIGHLANDS DRIVE
The City Council approved a service agreement between the City of Oroville and Royal Aire to install a mini-split system at 33 Canyon Highlands Dr. in the amount of $17,922 plus 10% contingency.

3. HOUSING SUCCESSOR AGENCY ANNUAL REPORT
The Council received and filed the Housing Successor Agency Annual Report for fiscal year ending June 30, 2022.

4. HOUSING ELEMENT ANNUAL REPORT
The Council received and filed the Housing Element Annual Progress Report for 2022.

5. CAPITAL PROJECT TASK ORDERS
16 Item 1.

March 21, 2023~4:00 PM Oroville City Council Meeting Minutes Page 3 of 6 The Council approved the issuing of three (3) task orders for the design of capital improvement projects with NorthStar Engineering.

6. AMENDMENT TO CONTRACT WITH BUTTE CONSTRUCTION COMPANY FOR ROOF

REPLACEMENT AND FACADE REPAIRS AND IMPROVEMENTS OF THE WEST WING OF

CITY HALL
The Council authorized staff to proceed with a budget adjustment for Contract Amendment No. 1, selecting Option A includes Change Orders 6, 8, 9, and 12-15, Change Order 11A for the cost to remove the solar and install a shut-off switch, and add in a $35,000 contingency from fund 302 Capital Improvement Fund Balance.

7. AUTOCAD CIVIL 3D ENGINEERING DESIGN SOFTWARE
The Council approved the purchase of two one-year user licenses of AutoCAD Civil 3D design software.

8. RESOLUTION TO DECLARE EHMANN HOME A HISTORICAL LANDMARK The Council approved Resolution No. 9130 - A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF OROVILLE, CALIFORNIA, DECLARING THE EHMANN HOME A HISTORICAL LANDMARK.

9. AUTHORIZATION TO TRANSFER CITY OF OROVILLE VEHICLE 79, 1999 FORD F-350 1 YARD DUMP TRUCK TO THE HOPE CENTER/CITY WORKS PROGRAM.

The Council authorized the transfer of City Vehicle 79, 1999 Ford F350 pickup, from Public Works to the Hope Center/City Works.

10. INVESTMENT POLICY ADOPTION FOR 2023
The Council adopted Resolution No. 9129 - A RESOLUTION AUTHORIZING ADOPTION OF AN INVESTMENT POLICY FOR THE CITY OF OROVILLE FOR 2023.

11. CONSOLIDATION OF FUNDS
The Council approved the consolidation of Funds 302 and 303 to one Fund 302 and renamed it to the Capital Projects and Improvements Fund.

11.5 LETTER IN SUPPORT OF H.R. 1586 – FOREST PROTECTION AND WILDLAND FIREFIGHTER SAFETY ACT OF 2023
The council approved a letter in support of H.R. 1586.

REGULAR BUSINESS

12. MID YEAR FINANCIAL REVIEW
The Council received a mid-year financial report for revenues and expenditures for the first six months of the fiscal year July 1, 2022, to December 31,2022.

Motion by Council Member Riggs and seconded by Council Member Goodson to approve budget adjustments as stated below and include an additional $54,417.86 for a loan payoff.

Revenues
17 Item 1.

March 21, 2023~4:00 PM Oroville City Council Meeting Minutes Page 4 of 6  Increase Finance budget line item 2001-4830 Refunds and Reimbursements $10,000  Increase Code Enforcement budget 2311-4570 Federal Grants $120,000 Expenditures
 Increase to Risk Management in the General Fund 100, line item 1701-6100 to cover increased property damages claims. $25,000
 Increase to the Code Enforcement budget in the General Fund 100 of $95,000 to cover costs. 2311-6070 Fuel $10,000, 2311-6270 Office Expense $15,000, 2311-6360 Outside Services $95,000. Total budget adjustment increases to Code Enforcement $120,000.  Increase to Fire budget in the District Tax Fund 102, to cover lingered expenses from the prior year. 2802-5240 $12,548.00 for PERS costs, 2802-6070 Fuel $4,549.22, 2802-6260 Maintenance Vehicle $211.78
 Increase to the Public Works budget in the District Tax Fund 102, $100,000 to cover engineering costs. 2902-5110 Salaries & Wages.

AYES: Johnstone, Riggs, Thomson, Goodson, Webber, Smith NOES: None
ABSTAIN: None
ABSENT: Pittman

13. PARTNERSHIP WITH DEPARTMENT OF WATER RESOURCES ON SALMONID HABITAT

AND BEDROCK PARK LAGOON IMPROVEMENTS
The Council considered approval of a partnership with the Department of Water Resources to improve salmonid habitat in the Feather River, which includes the Bedrock Park lagoon.

Motion by Council Member Riggs and seconded by Council Member Goodson to authorize and direct staff to partner with the Department of Water resources for the rehabilitation of Bedrock Park Swim Lagoon for an estimated cost of $100,000 with a 20% contingency. Motion passed.

AYES: Johnstone, Riggs, Goodson, Smith, Pittman
NOES: Thomson and Webber
ABSTAIN: None
ABSENT: None

14. SANK PARK PERIMETER FENCE FINAL DESIGN PRESENTATION The City Council was presented with the final design schematics of the fence and gates around the perimeter of Sank Park.

Motion by Council Member Riggs and seconded by Council Member Johnstone to set the spending limit of $672,000 and authorize sending out an RFP. Motion passed.

AYES: Johnstone, Riggs, Thomson, Goodson, Webber, Smith, Pittman NOES: None
ABSTAIN: None
ABSENT: None

15. COUNCIL GOALS AND PRIORITIES WORKSHOP FORMAT
At the request of Vice Mayor Smith and Council Member Webber, the Council considered the format up the upcoming Goals and Priorities Workshop and provided staff direction. 18 Item 1.

March 21, 2023~4:00 PM Oroville City Council Meeting Minutes Page 5 of 6

16. COUNTY LIBRARY AD HOC COMMITTEE APPOINTMENTS
The Council considered appointing two members (1 Member and 1 alternate) to an ad hoc committee recently formed by the County, to review and assess alternatives with regard to how County libraries are structured and funded.

Motion by Council Member Thomson and seconded by Goodson to appoint Krysi Riggs as the voting member and Eric Smith as an alternate. Motion passed.

AYES: Johnstone, Riggs, Thomson, Goodson, Webber, Smith, Pittman NOES: None
ABSTAIN: None
ABSENT: None
Vice Mayor Smith recused himself from the meeting due to being employed by the Oroville Chamber of Commerce, topic of Item 17.

Mayor Pittman took over chair responsibilities.

17. OROVILLE CHAMBER OF COMMERCE ANNUAL DINNER
The Council will consider the authorization for the purchase of one or two sponsor tables at the 2023 Oroville Chamber of Commerce Annual Dinner to be held on April 6, 2023.

Motion by Council Member Webber and seconded by Council Member Goodson to authorize Staff to purchase two tables for the city at the 2023 annual dinner. Motion passed.

AYES: Johnstone, Riggs, Thomson, Goodson, Webber, Pittman NOES: None
ABSTAIN: None
ABSENT: Smith (Recused)
Vice Mayor Smith Returned to the meeting and resumed chair responsibilities.

18. OROVILLE REBRANDING AD HOC COMMITTEE CREATION AND MAYORAL

APPOINTMENTS TO COMMITTEE
At the request of Vice Mayor Smith and Council Member Webber, the Council considered creating an ad hoc committee to work with staff and North Star Place Branding & Marketing (North Star) on the city rebranding project.

Motion by Council Member Webber and seconded by Council Member Goodson to create an ad hoc committee and approve the mayor’s appointments of Council Member Krysi Riggs and Vice Mayor Eric Smith to sit on the committee. Motion passed.

AYES: Johnstone, Riggs, Thomson, Goodson, Webber, Smith, Pittman NOES: None
ABSTAIN: None
ABSENT: None
PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
There were 0 public speakers during this 2nd public comment section.

REPORTS / DISCUSSIONS / CORRESPONDENCE
19 Item 1.

March 21, 2023~4:00 PM Oroville City Council Meeting Minutes Page 6 of 6

1. Council Announcements and Reports
a. Riggs – Spoke about Oroville Downtown Business Association events. b. Johnstone – mentioned the July 1 – Airport Fly In Day – 8am-3pm c. Smith – Spoke about Arbor Day
d. Webber – Recognized Treasurer Karolyn Fairbanks, spoke about the Oroville Rescue Mission Resource Offerings and Egg Hunt on April 8th.

2. Future Agenda Items
- Johnstone/Mayor – YMCA Pool
- Webber/Thomson – Covid Money for Fireworks Display
- Thomson/Webber – Ad Hoc Committee for remodeling of City Buildings/City Property - Thomson – Financial Support for projects and events that the Chamber and Other Organizations host to improve quality of life in Oroville. - Thomson/Webber/Smith – Oak Tree Ordinance

3. Administration Reports
- Bergstrand – Mentioned the Neighborhood Cleanup Grant is being awarded. - Ring – Spoke about his first few weeks working with the city. - Belser – Spoke about staff training, and activity of the department. - Duncan – Mentioned her presentation and provided clarification on the Council Stipends.
- Nevers – Spoke about activities of the departments and upcoming projects.

4. Correspondence
i. Oroville Dam Citizens Advisory Committee - Three Year Report ii. Notice from PG&E - Amended request to increase rates (A.22-08-003)

ADJOURN THE MEETING
Vice Mayor Smith adjourned the meeting at 7:29pm
APPROVED: ATTESTED:
_____________________________ _____________________________ Vice Mayor Eric Smith Assistant City Clerk Jackie Glover 20 Item 1.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND CITY COUNCIL
FROM: LIZ EHRENSTROM, HUMAN RESOURCE/RISK MANAGER
RE: CONSIDER AND APPROVE NEWLY CREATED JOB DESCRIPTIONS

FOR HUMAN RESOURCE/RISK MANAGER, HUMAN RESOURCE

ANALYST, AND HUMAN RESOURCE TECHNICIAN
DATE: APRIL 4, 2023

SUMMARY
The City Council will consider adopting job descriptions for the Human Resource/Risk Manager, Human Resource Analyst, and Human Resource Technician.

DISCUSSION
The City Council will consider the adoption of the attached job descriptions for Human Resource/Risk Manager, Human Resource Analyst, and Human Resource Technician. These positions have been approved and are included in the Fiscal Year 2022/23 budget pending the development of the job descriptions. The approved salary ranges are included as reference.

FISCAL IMPACT
None - positions are include in the Fiscal Year 2022/23 budget.

RECOMMENDATION
Approve the attached job descriptions for Human Resource/Risk Manager, Human Resource Analyst, and Human Resource Technician.

ATTACHMENTS
Human Resource/Risk Manager Job Description
Human Resource Analyst Job Description
Human Resource Technician Job Description
Salary ranges for the Human Resource Analyst and Technician 21 Item 2.

IT Analyst $54,413.10 $57,133.76 $59,990.44 $62,989.96 $66,139.46 $69,446.44 $72,918.76 $76,564.70 Annual Accounting Analyst $4,534.43 $4,761.15 $4,999.20 $5,249.16 $5,511.62 $5,787.20 $6,076.56 $6,380.39 Monthly Human Resource Analyst $26.16014 $27.46815 $28.84156 $30.28364 $31.79782 $33.38771 $35.05710 $36.80995 Hourly Accounting Technician II $42,571.59 $44,700.17 $46,935.18 $49,281.94 $51,746.03 $54,333.34 $57,050.00 $59,902.50 Annual Human Resource Technician $3,547.63 $3,725.01 $3,911.26 $4,106.83 $4,312.17 $4,527.78 $4,754.17 $4,991.88 Monthly $20.46711 $21.49047 $22.56499 $23.69324 $24.87790 $26.12180 $27.42789 $28.79928 Hourly 22 Item 2.

CITY OF OROVILLE

HUMAN RESOURCE /RISK MANAGER

DEFINITION
Performs professional level human resources duties, to include, but not limited to, recruitment, examination, selection, equal employment opportunity, employee relations, benefits administration, classification, compensation, general personnel support, and risk management; implements and administers assigned program responsibilities; conducts research, analysis, and preparation of reports; performs other related duties as required.

SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Director of Finance. Provides direction to the Human Resource Analyst and the Human Resource Technician.

EXAMPLES OF ESSENTIAL FUNCTIONS - Essential functions may include, but are not limited to, the following:

Oversees the City’s recruitment and selection activities including advertising of open positions, obtaining interview panel members, tracking progress through the employment process, and conducting thorough background checks;
Manages the completion of classification and compensation studies; Supervises the day-to-day activities of the Human Resources Department; Acts as the Risk Manager and provides oversight of risk management activities for the City with an emphasis on workers’ compensation and general liability; Assists the Labor Consultant during labor negotiations and Memorandum of Understanding administration;
Consults and advises with Department Directors, Managers and Supervisors on a wide variety of human resources, risk, and general management/employee issues; Advises City staff regarding grievances and/or disciplinary actions; gathers and assembles information to prepare disciplinary documents; provide advice and guidance to departments on employee relation matters, and in the interpretation and application of memorandums of understanding, personnel rules, policies, and procedures.

Assists in coordinating various training programs for City departments; Ensures compliance with various City, State, and Federal programs and regulations including the Americans with Disabilities Act, FMLA/CFRA, Cal-OSHA, Affirmative Action and Sexual Harassment guidelines;
Coordinates leave management programs; advises employees on their rights under Family Medical Leave Act (FMLA), California Family Rights Act (CFRA), State Disability Insurance(SDI), Paid Family Care Leave (PFL), long-term disability, and disability retirement; receives and processes requests for FMLA, CFRA, and other leaves; determines eligibility and sends initial notices; requests additional information and prepares other leave-related correspondence; recommends approval or denial of leaves. 23 Item 2.

CITY OF OROVILLE
May assist in conducting investigations involving potential disciplinary actions and alleged violations of the provisions of the City’s Personnel Rules & Regulations and the Memorandums of Understandings with each bargaining unit; Maintains departmental records and employee files in a confidential manner; Preparing reports and efficiently maintain accurate records.

Serves on various boards and/or committees for Human Resources and Risk Management;
Represent the department before the City Council, community, outside agencies and at professional meetings as requested.

Performs other duties and assumes other responsibilities as assigned;

MINIMUM QUALIFICATIONS
Knowledge of:

Principles and practices of public human resources administration, including recruitment, selection, labor and employee relations, and employee benefits; legal and professional standards and procedures for the development, administration, and validation of assessment instruments; research methods; principles and practices of program and budget development, administration, and evaluation; methods and techniques of supervision, training and motivation; applicable federal, state and local laws, codes and regulations; basic principles of mathematics; methods and techniques of scheduling work assignments; standard office procedures, practices and equipment; modern office equipment including a computer and applicable software; methods and techniques for record keeping and report preparation and writing; proper English, spelling and grammar; occupational hazards and standard safety practices.

Ability to:

Establish and maintain a high level of communication, cooperation, and understanding among all levels of City staff with regard to human resources policies and programs; administer labor relations agreements fairly and effectively; collect, analyze, and interpret survey and statistical data; develop and coordinate work programs; interpret, explain and apply applicable laws, codes and regulations; train, supervise and motivate assigned staff; plan, organize, train, evaluate and direct work of assigned staff; demonstrate strong people and problem solving skills, be self- motivated, display positive character, and provide for an innovative culture; make adjustments to standard operating procedures to improve effectiveness and comply with regulatory changes as appropriate; read, interpret and record data accurately; organize, prioritize and follow-up on work assignments; work independently and as part of a team; make sound decisions within established guidelines; analyze a complex issue, and develop and implement an appropriate response; follow written and oral directions; observe safety principles and work in a safe manner; communicate clearly and concisely, both orally and in writing; establish and maintain effective working relationships. 24 Item 2.

CITY OF OROVILLE
Education:

Graduation from a four-year college or university with major coursework in human resources, business administration, public administration, or a closely related field.

Experience:

At least five (5) years of recent, fulltime human resources experience with at least two years of management experience. Governmental experience is desirable.

Substitution:

A Master’s degree in human resources, management, business administration, public administration, or a closely related field may be substituted for one year of the required experience.

Additional Requirements:

Possession and Maintenance of a valid California Class C driver’s license is required.

TYPICAL WORKING CONDITIONS
Work typically is performed in a normal office environment. Occasionally work is performed outdoors, possibly exposing employee to traffic and construction hazards, adverse weather conditions, wetness and humidity, above-average noise, air contaminants, fumes, and dust.

TYPICAL PHYSICAL REQUIREMENTS
Requires the ability to sit at desk for long periods of time and intermittently walk, stand, stoop, kneel, crouch, and reach while performing office and field inspection duties; lift and/or move objects weighing up to 25 pounds; use hands to finger, handle or feel objects, tools, or controls. Must be able to maintain effective audio-visual discrimination and perception needed for making observations, communicating with others, reading, and writing, and operating office equipment. Must be able to use a telephone to communicate verbally and a keyboard to communicate through written means, to review information and enter/retrieve data, to see and read characters on a computer screen.

This class specification lists the major duties and requirements of the job and is not all-inclusive. Incumbents may be expected to perform job-related duties other than those contained in this document.
25 Item 2.

CITY OF OROVILLE

HUMAN RESOURCE ANALYST

DEFINITION
Under general supervision, learns to perform and performs advanced level human resources duties related to recruitment, examination, selection, equal employment opportunity, employee relations, benefits administration, classification, compensation, general personnel support, and risk management; implements and administers assigned program responsibilities; conducts research, analysis, and preparation of reports; performs other related duties as required.

SUPERVISION RECEIVED AND EXERCISED
Receives direction from the Human Resource Manager. May oversee the activities of the Human Resource Technician.

EXAMPLES OF ESSENTIAL FUNCTIONS - Essential functions may include, but are not limited to, the following:

Assists in the performance of duties related to the Human Resource/Risk Management Department.

Assists in recruitment, examination, selection, equal employment opportunity, employee relations, benefits, classification, compensation, and general personnel support.

Gathers information from employees, departments, and outside agencies for personnel information.

Assists in developing, coordinating, and administering the recruitment and interview process, including preparing job announcements, employment advertising and other recruitment materials; evaluating employment applications; developing interview schedules and panels and creating interview binders for oral interviews.

Provides information and advice to employment applicants and the general public concerning employment opportunities and recruitment procedures.

Assists in obtaining or disseminating information concerning human resource policies, procedures, wage rates and terms of labor contracts to City staff and the public.

Assists in conducting salary surveys; responds to compensation and classification survey requests; assists in analyzing salary data and preparing related reports.

Assists in maintaining health benefits for City staff, including forms processing and completion, open enrollment and answering all questions from City staff regarding their health benefits.

Coordinates leave management programs; advises employees on their rights under Family Medical Leave Act (FMLA), California Family Rights Act (CFRA), State Disability Insurance (SDI), Paid Family Care Leave (PFL), long-term disability, and disability retirement; receives and processes requests for FMLA, CFRA, and other leaves; determines eligibility and sends initial notices; requests additional information and prepares other leave-related correspondence; recommends approval or denial of leaves. 26 Item 2.

CITY OF OROVILLE
Assists in preparing all personnel action forms, including new hires and separations, and ensures they are signed by the appropriate personnel, and submits to payroll for processing.

Assists in creating policy and procedures for the Human Resource Department and other city departments.

Assists in coordinating HR activities with other divisions, departments, government agencies and outside organizations; provides technical assistance as needed.

Responds to department and citizen’s complaints.

Assists advising City staff regarding grievances and/or disciplinary actions; gathers and assembles information to prepare disciplinary documents; provide advice and guidance to departments on employee relation matters, and in the interpretation and application of memorandums of understanding, personnel rules, policies, and procedures.

Establishes effective working relationships with representatives of community organizations, state, and local agencies and associations, City management, staff, and the public.

May represent the department before the City Council, community, outside agencies and at professional meetings as requested.

Maintains the confidentiality of all records and information within the department.

Performs other duties and assumes other responsibilities as assigned;

MINIMUM QUALIFICATIONS
Knowledge of:

Ability to:

CITY OF OROVILLE
assigned staff; plan, organize, train, evaluate and direct work of assigned staff; demonstrate strong people and problem solving skills, be self- motivated, display positive character, and provide for an innovative culture; make adjustments to standard operating procedures to improve effectiveness and comply with regulatory changes as appropriate; read, interpret and record data accurately; organize, prioritize and follow-up on work assignments; work independently and as part of a team; make sound decisions within established guidelines; analyze a complex issue, and develop and implement an appropriate response; follow written and oral directions; observe safety principles and work in a safe manner; communicate clearly and concisely, both orally and in writing; establish and maintain effective working relationships.

Education:

An associate degree from an accredited two-year college with major coursework in human resources, business administration, public administration, or a closely related field. A bachelor’s degree or currently enrolled to obtain a bachelor’s degree is highly desirable.

Experience:

At least three (3) years of recent, fulltime human resources or office experience.

Governmental experience is highly desirable.

Substitution:

A bachelor’s degree in human resources, business administration, public administration, or a closely related field may be substituted for one year of the required experience.

Additional Requirements:

Possession and maintenance of a valid California Class C driver’s license.

CITY OF OROVILLE

HUMAN RESOURCE TECHNICIAN

DEFINITION
Under general supervision, learns to perform and performs entry level human resources duties related to recruitment, examination, selection, equal employment opportunity, employee relations, benefits administration, classification, compensation, and general personnel support; implements and administers assigned program responsibilities; conducts research, analysis, and preparation of reports; performs other related duties as required.

DISTINGUISHING CHARACTERISTICS:

The Human Resource Technician is the entry level class in which the incumbent is expected to learn and assist in the performance of human resources activities of the department.

SUPERVISION RECEIVED AND EXERCISED
Receives direction from the Human Resource Manager and the Human Resource Analyst.

EXAMPLES OF ESSENTIAL FUNCTIONS - Essential functions may include, but are not limited to, the following:

Assists in performing duties related to recruitment, examination, selection, equal employment opportunity, employee relations, benefits, classification, compensation, and general personnel support.

Assists in gathering information from employees, departments, and outside agencies for personnel information.

Assists in developing, coordinating and administering the recruitment and interview process, including assisting in conducting job analysis, developing recruitment plans and creative outreach techniques to attract a diverse applicant pool; assists in designing and developing job related selection procedures; assists in evaluating employment applications; developing examination schedules; administering and evaluating oral, written, physical ability and performance tests and other assessment instruments; assists in preparing job announcements, employment advertising and other recruitment materials.

Assists in providing information and advice to employment applicants and the general public concerning employment opportunities and examination procedures.

Assists in providing information concerning human resources policies, procedures, wage rates and terms of labor contracts to City staff and the public; may conducts salary surveys; respond to compensation and classification survey requests; assists in analyzing salary data and preparing related reports.
29 Item 2.

CITY OF OROVILLE
Assists in maintaining health benefits for City staff, including forms processing and completion, open enrollment and answering questions from City staff regarding their health benefits.

Assists in maintaining and issuing performance reviews for City staff.

Assists in compiling data for use in a variety of special reports.

Assists in preparing procedures, written materials, budgets, forms, charts, and other materials for distribution internally and externally.

Assists in coordinating HR activities with other divisions, departments, government agencies and outside organizations; provides technical assistance as needed.

Assists in responding to department and citizen’s complaints.

Establishes effective working relationships with staff, management, community organizations, state, and local agencies and associations, City management, staff, and the public.

Assists in preparing all personnel action forms, including new hires and separations, and ensures they are signed by the appropriate personnel, and submits to payroll for processing.

Maintains the confidentiality of all records and information within the department.

Completes other duties as assigned.

MINIMUM QUALIFICATIONS
Knowledge of:

Ability to:

Education:

A High School Diploma or GED. An associate Degree from an accredited college or university with major coursework in human resources, business administration, public administration is highly desirable.

Experience:

At least two (2) years of recent, office and/or customer service experience. Governmental experience is desirable.

Substitution:

An associate degree in human resources, business administration, public administration, or a closely related field may be substituted for one year of the required experience.

Additional Requirements:

Possession and maintenance of a valid California Class C driver’s license.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND CITY COUNCIL MEMBERS
FROM: MATT THOMPSON, P.E. ACTING CITY ENGINEER
RE: AWARD OF CONTRACT; YARD AND BRIDGE STREET INTERSECTION

IMPROVEMENT PROJECT
DATE: APRIL 4, 2023

SUMMARY
The Council may consider awarding a contract to All-American Construction of Live Oak for the construction of the Yard and Bridge Street Intersection Improvement Project.

DISCUSSION
This project is at the intersection of Yard Street and Bridge Street in front of the Oroville High School. This project will reconstruct three access ramps to meet ADA standards, remove the valley gutter running north to south, and install an additional drainage inlet on the southeast corner. This project has been deemed a high priority because of the desire to complete it before school begins in August.

Plans and Specifications were issued for bid on February 6, 2023 and bids were received on March 14, 2023.

The low bidder was All-American Construction, Inc at $174,773.00. The engineer’s estimate was $204,000.00 with contingencies. Staff recommends allocating a contingency of approximately 10% on the low bid for field changes and adjustment due to unforeseen circumstances.

FISCAL IMPACT
Appropriations of $192,773.00 are available in the Special Gas Tax Fund (SB1) 5071-6230, Local Transportation Fund – Maintenance Streets.

Page 2 ends

ATTACHMENTS
Bid Summary
Construction Contract
33 Item 3.

Rank
1 2
3 4
5 6
$ 276,428.00
$ 332,329.00
Franklin Construction
CO-T Construction
Bid Amount
$ 174,773.00
$ 215,494.00
$ 218,060.00
Yard and Bridge Street Intersection Improvement Project Contrator
All-American Construction,Inc
R&R Horn Contractors
Santos Excavating
FBD Vanguard Construction 234,157.00 $
34 Item 3.

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PROJECT CONTRACT
THIS PROJECT CONTRACT (the “contract” or “Contract”) is made and entered into this day of , by and between City of Oroville (referred to herein as the “Owner” or the “City”) and All-American Construction (the "Contractor").

WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

1. THE CONTRACT DOCUMENTS.

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

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

2. THE WORK.

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

3. CONTRACT PRICE.

The City agrees to pay, and the Contractor agrees to accept, in full payment for the work above agreed to be done, the following compensation: $174,773.00. In no event shall Contractor’s compensation exceed the amount of $174,773.00 without additional written authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects in Consultant’s services, even if such defects were known to the City at the time of payment.

For the purpose of fixing the amount of bonds referred to in the Instructions to Bidders, it is estimated by both Parties that the total contract price shall be based on the Contractor’s Base Bid amount.
35 Item 3.

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4. DISPUTES PERTAINING TO PAYMENT FOR WORK.

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

5. PAYMENT.

Not later than the 20th day of each calendar month, the Contractor shall make a partial payment request to the City on the basis of an estimate approved by the Engineer of the work performed since the last partial payment request during the preceding month by the Contractor with five percent (5%) of the amount of each such estimate retained by the City, until completion of the Project and the recordation of a Notice of Completion of all work covered by this Contract. The City shall make any partial payments provided for in this contract to the Contractor within 30 days of the City’s receipt of an undisputed and properly executed partial payment request from the Contractor. The City shall pay the Contractor interest on the amount of any portion of a partial payment, excluding retention amounts, not made to the Contractor within 30 days of the City’s receipt of an undisputed and properly executed partial payment request from the Contractor at the legal rate set forth in California Code of Civil Procedure Section 685.010.

Upon receipt of a partial payment request from the Contractor, the City shall review the partial payment request for the purpose of determining whether or not the partial payment request is a proper partial payment request. Any partial payment request determined by the City not to be a proper partial payment request suitable for payment shall be returned to the Contractor by the City within 14 days of the City’s receipt of such partial payment request. A partial payment request returned to the Contractor by the City under the provisions of this section shall be accompanied by a written document setting forth the reason(s) why the partial payment request is not proper. The number of days for the City to make a certain partial payment provided for in this Contract, without incurring interest pursuant to this section, shall be reduced by the number of days by which the City exceeds the 14 day return period for such partial payment request, if determined to be improper, as set forth in this section. For the purposes of this section, a “partial payment” means all payments due to the Contractor under this contract, exclusive of that portion of the final payment designated as retention earnings. Also, for the purposes of this section, a partial payment request shall be considered properly executed by the City if funds are available to pay the partial payment request and payment is not delayed due to an audit inquiry by the City’s financial officer. The City will release Contractor's retention earnings within 45 days after recordation of Notice of Completion, as defined in California Civil Code Section 3093. Recordation of a Notice of Completion for the Project by the City shall constitute the City’s acceptance of the Project work.

6. TIME FOR COMPLETION.

All work under this contract shall be completed within a period of 45 working days from the date of the Contractor's receipt of a Notice to Proceed from the City. 36 Item 3.

CF - 3

7. EXTENSION OF TIME.

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

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

If the Contractor fails or refuses to complete the work within the time specified, including authorized extensions, there shall be deducted from monies due the Contractor, not as a penalty, but as liquidated damages the sum of Two Thousand Seven Hundred Dollars ($2,700.00) for each calendar day subsequent to the time specified for each project and the time the work is actually completed and accepted. Delays caused by adverse weather conditions or conditions for which the Owner is clearly responsible will be added to the contract time.

8. LABOR PROVISIONS.

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

9. CONTRACT WORK HOURS AND SAFETY STANDARDS REQUIREMENTS.

As used in the following provision, the term “laborers” and “mechanics” include watchmen and guards.
a. Overtime Requirements. Neither the Contractor nor any subcontractor contracting for any part of the Project which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek, whichever isgreater. b. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph a. above, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, the Contractor and subcontractor shall be liable to the City for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph a. above, in the sum of $2,700 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph a. above. c. Withholding for Unpaid Wages and Liquidated Damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or 37 Item 3.

CF - 4
cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph b. above. d. Working conditions. Neither the Contractor nor any subcontractor may require any laborer or mechanic employed in the performance of any contract to work in surroundings or under working conditions that are unsanitary, hazardous or dangerous to his health or safety as determined under construction safety and health standards (29 CFR Part 1926) issued by the Department of Labor. e. Subcontracts. The Contractor and any subcontractor shall insert in any subcontracts the clauses set forth in paragraphs a. through d. and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs a. through d.

10. NONDISCRIMINATION.

The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.

11. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM PROVISIONS.

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

The Contractor agrees to pay each subcontractor under this contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the Contractor receives from City. The Contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City. This clause applies to both DBE and non-DBE subcontractors.

12. CIVIL RIGHTS.

The Contractor assures that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This Provision binds the Contractor from the bid solicitation period through the completion of the contract. This provision shall be inserted in all subcontracts, subleases and other agreements at all tiers. 38 Item 3.

CF - 5

13. SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENTS OF MATERIALS AND EQUIPMENT.

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

14. INFORMATION AND REPORTS.

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

15. SANCTIONS FOR NONCOMPLIANCE.

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

16. INSPECTION OF RECORDS.

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

17. RIGHTS IN INVENTIONS.

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

18. BREACH OF CONTRACT TERMS.

CF - 6
necessary to enforce the rights of the City under this Contract. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.

19. TERMINATION OF CONTRACT BY CITY
a. The City may, by written notice, terminate this Contract in whole or in part at any time, either for the City’s convenience or because of the Contractor’s failure to fulfill its contract obligations.

Upon receipt of such notice, services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this Contract, whether completed or in process, delivered to the City.
b. If the termination is for the convenience of the City, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. c. If the termination is due to failure to fulfill the Contractor’s obligations, the City may take over the work and prosecute the same to completion by contract or otherwise. In such case, the Contractor shall be liable to the City for any additional cost occasioned to the City thereby. d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the Contractor had not so failed, the termination shall be deemed to have been affected for the convenience of the City. In such event, adjustment in the contract price shall be made as provided in the second paragraph of this clause.
e. The rights and remedies of the City provided in this clause are in addition to any other rights and remedies provided by law or under this contract.

20. INCORPORATION OF PROVISIONS.

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

21. CONTRACTOR CLAIMS OF $375,000 OR LESS.

Claims by the Contractor relating to the Project for (a) a time extension, (b) money or damages arising from work done by, or on behalf of, the Contractor on the Project for which payment is not expressly provided for or to which the Contractor is not otherwise entitled, or (c) an amount that is disputed by the City, with a value of $375,000 or less, are subject to the claims procedures set forth in California Public Contract Code Sections 20104, et seq., except as otherwise provided in this Contract and the incorporated documents, conditions and specifications.
40 Item 3.

CF - 7

22. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES.
a. No Federal appropriated funds shall be paid, by or on behalf of the Contractor or its subcontractors, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant or the amendment or modification of any Federal grant.
b. If any funds other than Federal appropriated funds have been paid or will be paid by the Contractor or its subcontractors to any person for influencing or attempting to influence an officer or employee of the City, any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, “Disclosure of Lobby Activities,” in accordance with its instructions.

23. ASSIGNMENT OF CERTAIN RIGHTS TO THE CITY.

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

24. ENERGY CONSERVATION REQUIREMENTS
The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). 41 Item 3.

CF - 8
IN WITNESS WHEREOF, two identical counterparts of this Contract, each of which shall for all purposes be deemed an original thereof, have been duly executed by the parties herein above named, on the day and year first herein written.

AGENCY: City of Oroville (First Party)
By:

Brian Ring
City Administrator
(Official Title)
CONTRACTOR: (Second Party)
By:
(Authorized Representative)
(Official Title)
42 Item 3.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND CITY COUNCIL MEMBERS
FROM: MATT THOMPSON, P.E. ACTING CITY ENGINEER
RE: AWARD OF CONTRACT; PORTLAND LOOS PROJECT
DATE: APRIL 4, 2023

SUMMARY
The Council may consider awarding a contract to R&R Horn Contractors, Inc. of Chico for the construction of the Portland Loos Project.

DISCUSSION
This project is for the construction and installation of two (2) Portland Loo self-contained restroom units purchased for the Feather River Trail Improvements in March of 2021. One Portland Loo will be installed at Bedrock Park and the other at Centennial Plaza. A third location was identified in 2021 near the Veterans Memorial Park. Butte County has already planned for the public restroom to be a brick and mortar construction. Council at the time had allocated $100,000 to this third location. Staff recommends to reallocate the $100,000 to assist in the construction for these two locations.

Plans and Specifications were issued for bid on February 14, 2023, and bids were received on March 16, 2023.

The low bidder was R&R Horn Contractors, Inc. at $460,169.00 The engineer’s estimate was $480,546.00 with contingencies. Staff recommends allocating a contingency of approximately 10% on the low bid for field changes and adjustment due to unforeseen circumstances.

FISCAL IMPACT
Appropriations in the amount of $507,169.00 are available in the Capital Projects & Improvement Fund. 7311-8010, Buildings and Improvements.

Page 2 ends

ATTACHMENTS
Bid Summary
Construction Contract
44 Item 4.

CF - 1

WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

1. THE CONTRACT DOCUMENTS.

2. THE WORK.

3. CONTRACT PRICE.

The City agrees to pay, and the Contractor agrees to accept, in full payment for the work above agreed to be done, the following compensation: $460,169.00. In no event shall Contractor’s compensation exceed the amount of $460,169.00 without additional written authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects in Consultant’s services, even if such defects were known to the City at the time of payment.

CF - 2

4. DISPUTES PERTAINING TO PAYMENT FOR WORK.

5. PAYMENT.

6. TIME FOR COMPLETION.

All work under this contract shall be completed within a period of 30 working days from the date of the Contractor's receipt of a Notice to Proceed from the City. 46 Item 4.

CF - 3

7. EXTENSION OF TIME.

If the Contractor fails or refuses to complete the work within the time specified, including authorized extensions, there shall be deducted from monies due the Contractor, not as a penalty, but as liquidated damages the sum of Three Thousand Hundred Dollars ($3,000.00) for each calendar day subsequent to the time specified for each project and the time the work is actually completed and accepted. Delays caused by adverse weather conditions or conditions for which the Owner is clearly responsible will be added to the contract time.

8. LABOR PROVISIONS.

9. CONTRACT WORK HOURS AND SAFETY STANDARDS REQUIREMENTS.

CF - 4
subcontractor under any such contract or any other Federal contract with the same Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph b. above. d. Working conditions. Neither the Contractor nor any subcontractor may require any laborer or mechanic employed in the performance of any contract to work in surroundings or under working conditions that are unsanitary, hazardous or dangerous to his health or safety as determined under construction safety and health standards (29 CFR Part 1926) issued by the Department of Labor. e. Subcontracts. The Contractor and any subcontractor shall insert in any subcontracts the clauses set forth in paragraphs a. through d. and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs a. through d.

10. NONDISCRIMINATION.

11. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM PROVISIONS.

12. CIVIL RIGHTS.

CF - 5

13. SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENTS OF MATERIALS AND EQUIPMENT.

14. INFORMATION AND REPORTS.

15. SANCTIONS FOR NONCOMPLIANCE.

16. INSPECTION OF RECORDS.

17. RIGHTS IN INVENTIONS.

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

18. BREACH OF CONTRACT TERMS.

Any violation or breach of terms of this Contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this Contract or such other action that may be necessary to enforce the rights of the City under this Contract. The duties and obligations imposed 49 Item 4.

CF - 6
by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.

20. INCORPORATION OF PROVISIONS.

21. CONTRACTOR CLAIMS OF $375,000 OR LESS.

CF - 7

23. ASSIGNMENT OF CERTAIN RIGHTS TO THE CITY.

AGENCY: City of Oroville (First Party)
By:

Brian Ring
City Administrator
(Official Title)
CONTRACTOR: (Second Party)
By:
(Authorized Representative)
(Official Title)
52 Item 4.

Rank
1 Franklin Construction 2
$ 140,220.00 319,949.00 $ 460,169.00 $
$ 231,655.00 401,919.00 $ 633,574.00 $
Contractor Base Bid Additive Bid Total
Portland Loos Bid Opening Results
R&R Horn Contractors, Inc.
53 Item 4.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: DAWN NEVERS, ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR RE: AGREEMENT FOR AS NEEDED PROFESSIONAL ARCHITECTURAL

AND ENGINEERING SERVICES WITH RUSSELL, GALLAWAY
ASSOCIATES, INC.

DATE: APRIL 4, 2023

SUMMARY
The Council may consider authorizing the Mayor to execute an agreement for as needed professional architectural and engineering services with Russell, Gallaway Associates, Inc.

DISCUSSION
The City has requested an informal proposal from Russell, Gallaway Associates, Inc. (RGA), a qualified professional architectural and engineering firm, to provide professional architectural and engineering services to support the City’s numerous facility improvement projects.

While the City has an engineering division and is currently contracted with other consulting firms for as-needed civil engineering services, the need for further assistance with structural engineering of existing and new facility projects is immediate.

The contract shall be “as needed” and may be terminated at the sole discretion of the City. The contract will allow the City to issue task orders to the consultant. Each task order shall define the exact scope of work for each project and what services the selected consultant shall provide. The consultant shall provide a not-to-exceed cost proposal and a schedule for each task order issued. The selected consultant’s proposal for each task order shall identify the deliverables to be provided and any work proposed to be performed by City staff.

Prior to issuing a task order, City staff will seek authorization from the Council. The budget for each task order shall be tracked separately.

At this time staff are recommending RGA for the professional architectural and structural engineering and design services. This firm is from Chico and is known by staff for doing quality work.
54 Item 5.

Page 2 ends

FISCAL IMPACT
Task order 1 in the amount of $29,700 and Task order 2 in the amount of $25,400. Total cost of $ 55,100. Tasks costs are appropriated in the Capital Project and Improvement Fund 7311- 6360 Outside Services.

Task Orders 1 & 2, are for the engineering and design work to be performed in the 22/23 fiscal year and for the projects to be ready for bid and construction phase in the 23/24 fiscal year.

RECOMMENDATION
Authorize the Mayor to contract with Russell, Gallaway Associates, Inc. for as needed professional architectural and engineering and design services and approve Task Orders 1 &

2. ATTACHMENTS
Agreement No. 3451 – Russell, Gallaway Associates, Inc.

Task Order No. 1
Proposal for City Hall Restroom & Lobby Improvements
Task Order No. 2
Proposal for Scout House Remodel
55 Item 5.

Exhibit A 1

SERVICES AGREEMENT (PROFESSIONAL SERVICES)
On-Call Civil Engineering Services
City Agreement No. 3451
This Services Agreement (Professional Services) for On-Call Structural Engineering Ser-vices (“Agreement”) by and between the City of Oroville, a California charter city (“City”), and Russell, Gallaway Associates, Inc. (“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 civil engineering and planning Services on an on-call basis.

B. On April 4, 2023, the Consultant submitted a proposal demonstrating the Consult-ant’s qualifications and experiences to provide suchServices.

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 an engineer, licensed and in good standing under California law, will perform the Services described in the Scope of Services and Schedule of Performance, attached hereto as Exhibit “A” and incorpo-rated herein by reference (“Services”), in accordance with the terms and conditions of this Agreement and to the satisfaction of the City’s authorized representative, the City Administrator (“City’s Authorized Representative”). Services required by the City shall be determined by task orders issued by the City and accepted by Consultant.

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. 56 Item 5.

Exhibit A 2

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.

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 in task orders issued by the City and ac-cepted 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 remedies with respect to damages caused by Consultant’s delay.

1.6. Errors and Omissions. Consultant is solely responsible for costs arising from its errors and omissions, including increased construction costs or delay costs. Upon City’s request, Consultant will promptly correct its errors and omissions, at no cost to the City.

1.7. 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 and authorized ex-penses necessary to perform the Services, at the rates and charges set forth in the Com-pensation Rates and Charges attached hereto as Exhibit “B” and incorporated herein by reference, as compensation in full for Services satisfactorily performed under task or-ders 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,” Consult-ant will be compensated in accordance with the rates and charges in Exhibit “B.” Con-sultant 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. 57 Item 5.

Exhibit A 3

2.2. Invoices. Consultant will submit a monthly itemized invoice to the City’s Author-ized Representative for the Services provided during the preceding month. At a minimum, the invoice will identify the Services performed, the hours spent performing the Services, the applicable hourly rate(s), and any authorized expenses based on the rates and charges authorized in Exhibit “B.” The City will pay the Consultant within 30 days after approval of each invoice, with the exception of any disputed amounts. Separate invoices shall be submitted for individual task orders.

3. AUTHORIZED REPRESENTATIVE. Consultant hereby assigns Ross Simmons, to serve as the Consultant’s authorized representative (“Consultant’s Authorized Repre-sentative”), to personally participate in and manage the Services provided under this Agreement, and to serve as the primary point of contact for all matters pertaining to this Agreement.

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” and “B”). Consultant will not replace Consultant’s Authorized Representative (or any of its personnel or its subcon-sultants, if any, as identified on Exhibits “A” and “B”) without the City’s prior written con-sent.

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: Dawn Nevers, Asst. Community Development Director City of Oroville
1735 Montgomery Street
Oroville, CA 95965
[email protected]
TO CONSULTANT: Matt Gallaway, Russell, Gallaway Associates, Inc. 115 Myers St, Suite 110
Chico, CA 95928

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 58 Item 5.

Exhibit A 4
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.

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 maypursue 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 legalcosts.

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.).
59 Item 5.

Exhibit A 5

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 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 reasonably 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. Copyrights/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.
60 Item 5.

Exhibit A 6

9.1.1. Name and contact information of any witness; and

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 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 Liability Policy. 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 Liability Policy. 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. 61 Item 5.

Exhibit A 7

11.4. Professional Liability. 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.

11.5.2. The Consultant’s insurance is primary, and no insurance held by the City will be called upon to contribute to a loss. The inclusion of more than one insured will not operate to impair or limit the rights of one insured against another, and the coverage will apply as though separate policies have been issued to each insured.

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. 62 Item 5.

Exhibit A 8

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 Con-sultant, 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 63 Item 5.

Exhibit A 9
responsible to pay such taxes and other obligations, including, but not limited to, state and federal income and FICA 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. Severability. 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 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. Attorney’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. 64 Item 5.

Exhibit A 10

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.

15.1. Counterparts.ThisAgreementmaybeexecutedin counterparts, eachoneof whichis deemedan 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. #####
65 Item 5.

Exhibit A 11
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effec-tive on the Effective Date set forth below.

CITY: CONSULTANT:

CITY OF OROVILLE, RUSSELL, GALLAWAY ASSOCIATES, INC.
a Californiacharter city a corporation,
By: By:

David Pittman, Mayor Matt Gallaway, AIA, LEED AP
ATTEST:

By:

Jackie Glover, City Clerk
Date: (“Effective Date”)
APPROVED AS TO FORM:

Scott Huber, City Attorney
66 Item 5.

Exhibit A 1
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 67 Item 5.

Exhibit A 2
Consultant is required or permitted to work more than eight hours during any one calen-dar 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.”
68 Item 5.

Exhibit B 1
EXHIBIT “B” 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, subject to the not-to-exceed limit in Section

2.1 of the Agreement. Specific personnel shall be identified in task orders. 2023 RGA SCHEDULE OF RATES and REIMBURSABLES
Hourly Rates
Principal Architect / Engineer................................................................................$240.00/hr Licensed Architect / Engineer................................................................................$190.00/hr Project Manager / Senior Drafter.................................................................. .......$170.00/hr CAD Operator / Jr. Engineer............................................................................... ..$120.00/hr Jr. CAD Operator...................................................................................................$100.00/hr Clerical……............................................................................................................$70.00/hr Reimbursables
Blueprints printed outside of RGA..........................................................................Cost +10% Computer Plots
Line Drawings
24”x36” Bond.........................................................................................................$2.75 each 30”x42” Bond.........................................................................................................$3.50 each 36”x48” Bond.........................................................................................................$4.40 each Presentation Drawings

8.5”x11” Bond-Color..............................................................................................$1.55 each 11”x17” Bond-Color...............................................................................................$2.80 each 24”x36” Bond-Color...............................................................................................$11.50 each 30”x42” Bond-Color...............................................................................................$29.50 each 24”x36” Bond-Color–Mounted on Foam Core.......................................................$45.50 each 30”x42” Bond–Color–Mounted on Foam Core......................................................$52.00 each

8.5”x11” Photo-Color.............................................................................................$15.50 each 11”x17” Photo-Color..............................................................................................$19.00 each 24”x36” Photo-Color..............................................................................................$58.00 each 30”x42” Photo–Color.............................................................................................$85.00 each 24”x36” Photo–Color-Mounted on Foam Core......................................................$73.00 each 30”x42” Photo–Color–Mounted on Foam Core.....................................................$95.00 each Photocopies
8-1/2" x 11".............................................................................................................$0.12/copy 8-1/2" x 14..............................................................................................................$0.19/copy 11" x 17..................................................................................................................$0.24/copy Copies printed outside of RGA...............................................................................Cost + 10% Miscellaneous
Mileage...................................................................................................................59 cents/mile All Other Project Related Items..............................................................................Cost + 10% As of Jan 1, 2023
69 Item 5.

Exhibit B 2

2. AUTHORIZED EXPENSES AND RATES:

Consultant will be reimbursed for costs incurred to provide the Services only as follows and subject to the not- to-exceed limit in Section 2.1 of theAgreement:

Expense: Reimbursement Rate
Litigation Support – Expert Witness Testimony $500.00 per hour Mileage Current Federal Rate
Reproduction, Materials, Fees, Special Mail, Etc. Cost + 15% Subcontractors Cost + 15%
*Rates typically increase 4-5% per year
Notwithstanding the requirements of Section 2.2 of the Agreement, the Consultant is not required to identify hourly rates for Services performed under this Agreement. Rather, the Consultant will submit invoices to the City based on completion of the “Performance Tasks” identified in task orders, for which, upon approval of completion by the City’s Au-thorized Representative, the City will pay the Consultant within 30 days after approval of each invoice the corresponding lump sum payment, as set forth in task orders subject to the not-to-exceed limit in Section 2.1 of the Agreement:
70 Item 5.

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TASK ORDER #1

FOR PROFESSIONAL SERVICES
This Task Order is made and entered into as of April 4, 2023, by and between the City of Oroville (“City”) and Russell, Gallaway Associates, Inc. (“Consultant”).

RECITALS
A. The Consultant is licensed, trained, experienced and competent to provide Professional Services for as required by this Task Order, reconfiguration, and renovation of approximately 2,000 square feet of existing office space located in the northeast corner of the existing building, and reconfiguration and renovation of approximately 300 square feet of existing restroom facilities located on the easterly portion of the existing building; and
B. The Consultant possesses the skill, experience, ability, background, license, certification, and knowledge to provide the services described in this Task Order on the terms and conditions described herein.

C. City desires the Consultant to render professional services as set forth in this Task Order and in accordance with City Contract Number XXXX between the City and the Consultant.

TASK ORDER

1. Scope of Services. The Consultant shall complete all services in a professional manner. Consultant shall complete the services described in Consultant’s proposal attached as Exhibit “A” which is incorporated herein by reference. 71 Item 5.

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2. Time of Performance. The services of Consultant shall commence upon execution of this Task Order and shall be completed at the end of Project close out.

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fee budget/schedule set forth in Exhibit “B,” which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed the amount of $29,700.00 without additional written authorization from the City. Payment by City under this Task Order shall not be deemed a waiver of defects in Consultant’s services, even if such defects were known to the City at the time of payment.

4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, a description of any reimbursable expenditures, the contract number, and the Task Order number.

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 Task Order, 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 Task Order. Consultant shall not perform, nor be compensated for, Extra Work without prior written authorization from City. 72 Item 5.

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6. Termination. This Task Order 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 Task Order, 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 Task Order 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 Task Order (“Documents and Data”). 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 Task Order.

Consultant represents and warrants that Consultant has the legal right to license 73 Item 5.

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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 Task Order 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 Task Order 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 Task Order. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Task Order. 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 Task Order in any 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 74 Item 5.

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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 Task Order.
b. Consultant shall maintain all documents and records which demonstrate performance under this Task Order for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this Task Order.
c. Any records or documents required to be maintained pursuant to this Task Order 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 it’s 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 Task Order. d. Where City has reason to believe that such records or documents 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 75 Item 5.

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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 Task Order 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 Task Order. 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, other than normal Task Order 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 76 Item 5.

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inducement to enter into this Task Order. All work performed by Consultant under this Task Order 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 Task Order, 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 indirect (including reimbursement of reasonable costs and expenses in connection therein), arising from its negligent performance of this Task Order or its failure to comply with any of its obligations contained in this Task Order, 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 77 Item 5.

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reimbursement of reasonable defense costs to the proportionate extent of its actual indemnity obligation hereunder.

17.Insurance Requirements, Incorporation and Conflicts. Consultant, at Consultant’s own cost and expense, shall procure and maintain insurance, for the duration of the Task Order, as required under Contract Number XXXX between the City and the Consultant. The terms of Contract Number XXXX between the City and the Consultant are incorporated by reference as if fully set forth herein. To the extent that any conflict exists between Contract Number XXXX and this Task Order, the terms of Contract Number XXXX shall control.

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

If to City: City Administrator
City of Oroville
1735 Montgomery Street
Oroville, CA 95965-4897
If to Consultant: Matt Gallaway, Russell, Gallaway Associates, Inc. 115 Myers St, Suite 110
Chico, CA 95928

19. Entire Task Order. This Task Order constitutes the complete and exclusive statement of agreement between the City and Consultant for this Task Order. All prior written and oral communications, including correspondence, drafts, 78 Item 5.

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memoranda, and representations are superseded in total by this Task Order in regard to professional services specifically provided under this Task Order. Other task orders issued to the Consultant by the City under Contract Number XXXX stand alone and are unaffected by this Task Order.

20. Amendments. This Task Order 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 Task Order is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Task Order 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 Task Order 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 Task Order 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 Task Order shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Task Order.

23. Severability. If any term or portion of this Task Order is held to be invalid, illegal, 79 Item 5.

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or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Task Order shall continue in full force and effect.

24. Controlling Law Venue. This Task Order and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Task Order 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 Task Order commences any legal action against the other part arising out of this Task Order, 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 Task Order 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 Task Order, it shall not be necessary to produce or account for more than one such counterpart.

27. Authority to Enter Task Order. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Task Order.

Each party warrants that the individuals who have signed this Task Order have the legal power, right, and authority to make this Task Order 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 80 Item 5.

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solely for Consultant, to solicit or secure this Task Order. 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 Task Order. For breach or violation of this warranty, City shall have the right to rescind this Task Order without liability. For the term of this Task Order, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Task Order, 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 non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

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

CITY OF OROVILLE NORTHSTAR
By: ___________________________ By: ___________________________ Brian Ring, City Administrator Matt Gallaway, AIA LEED AP APPROVED AS TO FORM:

By: Scott E. Huber, City Attorney
Standard Task Order Form January 26, 2021
81 Item 5.

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Attachments:

Exhibit A - Consultant Scope
Exhibit B – Fee Proposal/Schedule
82 Item 5.
115 Meyers Street Suite 110
Chico, California 9 5 9 2 8
w w w . r g a c h i c o . c o m
t 530 342 0302 f 530 342 1882

EXHIBIT A
March 16, 2023
Owner:

City of Oroville
Contact: Dawn Nevers
1735 Montgomery Street
Oroville, CA 95965
RE: Architectural and Engineering Services
Oroville City Hall Renovation
1735 Montgomery Street
Oroville, CA 95965
Dear Dawn,
Thank you for the request to assist you with projects at the City of Oroville. We appreciate the opportunity to serve you and look forward to building a long and lasting relationship. Based on the request for our design services for the renovation of the Oroville City Hall, and our site visit with you and Trover CPM, we offer the following proposal for your consideration.

SCOPE OF SERVICES
RGA will provide the following Scope of Services to the City of Oroville. (herein after called "Owner").

Part 1 - Documentation of Existing Conditions

1.01 Prepare documentation of the above-mentioned portions only of the existing building for the purposes of architectural and structural design only, including:
83 Item 5.

115 Meyers Street Suite 110 Chico, California 95928 t 530 342 0302 f 530 342 1882 www.rgachico.com .01 Verification of existing overall dimensions and structural systems using non-destructive means.
.02 Preparation of a Building Information Model (“BIM”) in Revit including architectural and structural components to Level of Development 300.
.03 Preparation of 3D point cloud of interior and exterior of the existing building using lidar-based 3D laser scanning. .04 Provide up to two (2) site visits for verification of existing conditions.

Part 2 - Schematic Design

2.01 Based on the information produced in Part 1, and direction provided by the Owner and Trover CPM, prepare Schematic Design Documents for Owner approval. Deliverables include:
.01 Preliminary floor plan
.02 Preliminary reflected ceiling plan
.03 Preliminary interior perspective images
Part 3 - Design Development

3.01 Based on Owner-Approved Schematic Design Documents, prepare Design Development Documents for Owner approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, and typical construction details to fix and describe the size and character of the project as to architectural and structural elements.

Deliverables include:
.01 Floor plan
.02 Reflected ceiling plan
.03 Preliminary interior material selections

3.02 Respond to value engineering revisions from Trover CPM and Owner. Significant changes in the project shall be addressed per Assumptions and Exclusions.

Part 4 - Construction Documentation

4.01 Based on Owner-Approved Design Development Documents, prepare Construction Documents for design review and approvals by the City of Oroville. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of drawings setting forth in detail for the quality levels and performance criteria of materials and systems and other requirements for the construction of the Project as to architectural and structural elements. The Owner, Trover CPM, and RGA acknowledge that, in order to construct the Project, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples, Mechanical Design, Electrical Design, Plumbing Designs, and other similar submittals, which RGA shall review in accordance with this proposal.

4.02 Attend up to four (4) meetings to review and facilitate Owner approval of Construction Documents. Deliverables include:
.01 One (1) approved set of Construction Documents.
84 Item 5.

115 Meyers Street Suite 110 Chico, California 95928 t 530 342 0302 f 530 342 1882 www.rgachico.com .02 One (1) approved set of book format specifications.

4.03 Respond to City of Oroville comments regarding RGA’s designs to secure approvals.

Part 5 - Bidding Assistance

5.01 Review and respond to questions and proposed substitutions from prospective contractors as coordinated and supplied by Owner and Trover CPM. Provide clarifications and interpretations regarding RGA’s architectural and structural design to the prospective bidders in the form of addenda.

Part 6 - Construction Administration

6.01 Attend weekly job site meetings during construction. Meeting minutes shall be prepared by others for distribution by others to Owner and all attendees.

6.02 Review and approve, or take other appropriate action upon, Contractor’s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor’s responsibility. RGA’s review shall not constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. RGA’s approval of a specific item shall not indicate approval of an assembly of which the item is a component.

6.03 Review and respond to requests for information about the Contract Documents. RGA shall set forth, in the Contract Documents, the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested.

RGA’s response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, RGA shall prepare and issue supplemental Drawings and Specifications in response to the requests for information.

6.04 Conduct observation of the Work related to the Architect’s Portion of the Project to assist the Contractor and Owner in determining the date or dates of Substantial Completion and the date of Final Completion.

6.05 Prior to the expiration of one year from the date of Substantial Completion, and at the Owner’s request only, meet with the Owner to review facility operations and performance and make appropriate recommendations to the Owner related to the Architect’s Portion of the Project.

85 Item 5.

115 Meyers Street Suite 110 Chico, California 95928 t 530 342 0302 f 530 342 1882 www.rgachico.com

COMPENSATION
Given the opportunity for the Scope of Work for this project to be further identified and modified during the life of the project, RGA recognizes the need for flexibility in our services to accommodate changes in the project. As such, RGA proposes to complete the above Scope of Services on a fee basis as follows:

Part 1 Fixed Fee $3,500 (Three-Thousand, Five-Hundred Dollars) Part 2 Hourly, Budget Estimate $6,500 (Six-Thousand, Five-Hundred Dollars) Part 3 Hourly, Budget Estimate $4,500 (Four-Thousand, Five-Hundred Dollars) Part 4 Hourly, Budget Estimate $9,200 (Nine-Thousand, Two-Hundred Dollars) Part 5 Hourly, Budget Estimate $1,500 (One-Thousand, Five-Hundred Dollars) Part 6 Hourly, Budget Estimate $4,500 (Four-Thousand, Five-Hundred Dollars)

ASSUMPTIONS AND EXCLUSIONS

This proposal is based on the following assumptions and exclusions. Additional services, if required, would be billed per the attached Schedule of Hourly Rates and Charges.

1. Preparation of “as-built” post-construction drawings is not included but is available.

2. Trover CPM shall make recommendations to RGA with respect to constructability, construction cost, sequence of construction, construction duration, and means and methods of construction.

3. Trover CPM is responsible for developing Construction Cost Estimates and Bidding of the project if required. If any cost estimate exceeds previously approved estimates or the Owner’s budget, Trover CPM and Owner shall make appropriate recommendations to RGA.

4. RGA assumes and Owner acknowledges that any designs provided to RGA for their use in the project by Owner shall be free of copyright restrictions. Owner will hold RGA harmless for any misrepresentation of such.

5. RGA is not responsible for means and methods of demolition or construction.

6. This proposal does not include additional sub-consultant work that is required including, but not limited to, Mechanical, Electrical, Plumbing, Landscaping, and Civil Engineering.

7. Fixtures, equipment, security systems, and data systems for the space shall be designed by others.

8. Mechanical, Electrical, and Plumbing (MEP) designs shall be provided to RGA by Consultant contracted by Owner. Alternatively, RGA can contract for these services at an additional cost to the Owner.

9. This proposal does not include structural, materials, or soils testing.

10. This proposal does not include design or engineering of gang-nail trusses if required.

11. This proposal does not include the preparation of a CASP Report.

12. This proposal does not include furniture design, specifications, or purchasing.

13. BIM Level of Development 300 is defined as follows: the BIM model element is graphically represented in the BIM model as a specific system, object, or assembly in terms of quantity, size, shape, location, and orientation.

14. Unforeseen conditions uncovered during demolition or construction that result in additional 86 Item 5.

115 Meyers Street Suite 110 Chico, California 95928 t 530 342 0302 f 530 342 1882 www.rgachico.com services required to address renovations, repairs, or reconfiguration of the existing building or proposed new construction that is not depicted in the approved Construction Documents shall be addressed as an extra service billed hourly in accordance with the attached Schedule of Rates and Reimbursables.

15. Extra service items to be billed on an hourly basis include, but are not limited to the following:
• Payment of any fees
• Services required due to significant changes (those that exceed a 10% change in the construction cost) in the project after completing Schematic Design phase. • Preparation of documents for bid alternates.

16. In the event RGA’s fee schedule changes due to any increase of costs such as the granting of wage increase and/or other employee benefits due to the terms of any labor agreement, or rise in the cost of living, during the lifetime of this Agreement, a percentage increase shall be applied to all remaining compensation.

17. Plots as required for permitting will be billed separately as a reimbursable expense as itemized below. It should be assumed that at a minimum, a submittal and resubmittal will be required for the local jurisdiction. Check sets of drawings will be provided to Owner as reductions on 11” x 17” bond paper. Full sized prints are available upon request and will be billed as a reimbursable. The Owner is entitled to an electronic pdf set of drawings that can be outsourced to other printing providers, but it should be noted: most jurisdictions require a “wet signature” on all pages of the submittal sets.

18. This scope of work ends when a building permit is obtained. Phone support for contractor during construction and/or any changes to design after permit is obtained will be billed as an extra service in accordance with the attached Schedule of Hourly Rates and Reimbursables.

19. If any of the following circumstances affect RGA’s services for the Project, RGA may, at the Owner’s reasonable discretion, be entitled to an appropriate adjustment in the RGA’s schedule and compensation.
.01 Change in the instructions or approvals given by the Owner that necessitate revisions in Instruments of Service.
.02 Enactment of revisions of codes, laws or regulations or official interpretations which necessitate changes to previously prepared Instruments of Service. .03 Decision of the Owner or Owner not rendered in a timely manner. .04 Changes in the Project including, but not limited to, size, quality, complexity, the Owner’s or Tenant’s schedule or budget or procurement method.

05. Failure of performance on the part of the Owner or the Owner’s consultants or contractors.
.06 Preparation for an attendance at a public hearing, at the request of the Owner, or on the Owner’s behalf, a dispute resolution proceeding or a legal proceeding except where RGA is party thereto unless otherwise included in Scope of Services.

Statements for services of RGA will be submitted on a monthly basis. Statements will be mailed to the address provided by the Owner and will be immediately due and payable. Payment is Net Due thirty days from invoice date. If payment is not so made, interest will be due on the amount of the statement at the rate of 18 percent per annum beginning thirty (30) days after the date of the statement until the same is paid. Compensation for RGA's services shall not be contingent upon Owner’s ability to collect from others. 87 Item 5.

115 Meyers Street Suite 110 Chico, California 95928 t 530 342 0302 f 530 342 1882 www.rgachico.com It would be unfair for RGA to be exposed to liability for his or her failure to perform a service not included in the scope of work described in this agreement. Owner hereby waives any claim against RGA and agrees to defend, indemnify and hold harmless RGA from any claim or liability for injury or loss allegedly arising from RGA's failure to perform a service not included in the scope of the work described in this agreement; including but not limited to any claims against landowner, developer, or Construction Manager.

Due to scheduling issues, RGA reserves the right to withdraw or modify this proposal if it is not accepted within 30 days. If you have any questions, or require any additional information please give us a call at (530) 342-0302. Thank you for considering Russell, Gallaway Associates, Inc. for your design needs.

Best Regards, Accepted By:

Matt Gallaway, AIA, LEED AP Dawn Nevers
Lic. No. C28705 City of Oroville

88 Item 5.

115 Meyers Street Suite 110 Chico, California 95928 t 530 342 0302 f 530 342 1882 www.rgachico.com 2023 RGA SCHEDULE OF RATES and REIMBURSABLES

Hourly Rates
Principal Architect / Engineer...................................................................................$240.00/hr Licensed Architect / Engineer ..................................................................................$190.00/hr Project Manager / Senior Drafter .........................................................................$170.00/hr CAD Operator / Jr. Engineer....................................................................................$120.00/hr Jr. CAD Operator ..........................................................................................................$100.00/hr Clerical……. ..........................................................................................................................$70.00/hr Reimbursables
Blueprints printed outside of RGA..........................................................................Cost +10% Computer Plots
Line Drawings
24”x36” Bond ...........................................................................................................$2.75 each 30”x42” Bond ...........................................................................................................$3.50 each 36”x48” Bond............................................................................................................$4.40 each

Presentation Drawings

8.5”x11” Bond - Color .............................................................................................$1.55 each 11”x17” Bond - Color ...............................................................................................$2.80 each 24”x36” Bond - Color ...........................................................................................$11.50 each 30”x42” Bond - Color ...........................................................................................$29.50 each 24”x36” Bond - Color – Mounted on Foam Core......................................$45.50 each 30”x42” Bond – Color – Mounted on Foam Core .....................................$52.00 each

8.5”x11” Photo - Color ...........................................................................................$15.50 each 11”x17” Photo - Color ..............................................................................................$19.00 each 24”x36” Photo - Color ..........................................................................................$58.00 each 30”x42” Photo – Color...........................................................................................$85.00 each 24”x36” Photo – Color - Mounted on Foam Core.....................................$73.00 each 30”x42” Photo – Color – Mounted on Foam Core ...................................$95.00 each

Photocopies
8-1/2" x 11"..................................................................................................................$0.12/copy 8-1/2" x 14...................................................................................................................$0.19/copy 11" x 17............................................................................................................................$0.24/copy Copies printed outside of RGA..........................................................................Cost + 10% Miscellaneous
Mileage.................................................................................................................. .59 cents/mile All Other Project Related Items ........................................................................Cost + 10% As of Jan 1, 2023
89 Item 5.

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TASK ORDER #2

FOR PROFESSIONAL SERVICES
This Task Order is made and entered into as of April 4, 2023, by and between the City of Oroville (“City”) and Russell, Gallaway Associates, Inc. (“Consultant”).

RECITALS
A. The Consultant is licensed, trained, experienced and competent to provide Professional Services for as required by this Task Order, interior renovations including wall, floor, and ceiling finish replacement throughout the building, removal and renovation of existing failing brick shower facilities, partial reconfiguration or upgrade of existing kitchen facility, survey and upgrade of existing restrooms for accessibility compliance. RGA further understands the preliminary Scope of Work to consist of exterior renovations including: replacement of exterior siding, replacement of existing roof, replacement of existing windows, construction of a new entrance on the Safford Street side of the existing building to upgrade aesthetics and address existing head-height limitations; and
B. The Consultant possesses the skill, experience, ability, background, license, certification, and knowledge to provide the services described in this Task Order on the terms and conditions described herein.

C. City desires the Consultant to render professional services as set forth in this Task Order and in accordance with City Contract Number XXXX between the City and the Consultant.

TASK ORDER

1. Scope of Services. The Consultant shall complete all services in a professional manner. Consultant shall complete the services described in Consultant’s 101
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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 Task Order and shall be completed at the end of Project close out.

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fee budget/schedule set forth in Exhibit “B,” which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed the amount of $25,400.00 without additional written authorization from the City. Payment by City under this Task Order shall not be deemed a waiver of defects in Consultant’s services, even if such defects were known to the City at the time of payment.

City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.

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nor be compensated for, Extra Work without prior written authorization from City.

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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 Task Order shall be at City’s sole risk.

10. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, 104
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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 Task Order.
b. Consultant shall maintain all documents and records which demonstrate performance under this Task Order for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this Task Order.
c. Any records or documents required to be maintained pursuant to this Task Order 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 it’s 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 Task Order. d. Where City has reason to believe that such records or documents 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 105
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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.

13. Professional Ability of Consultant. City has relied upon the professional training 106
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and ability of Consultant to perform the services hereunder as a material inducement to enter into this Task Order. All work performed by Consultant under this Task Order 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.

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defense obligation under this indemnity paragraph means only the reimbursement of reasonable defense costs to the proportionate extent of its actual indemnity obligation hereunder.

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20. Amendments. This Task Order 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.

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

23. Severability. If any term or portion of this Task Order is held to be invalid, illegal, 109
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or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Task Order shall continue in full force and effect.

27. Authority to Enter Task Order. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Task Order.

Each party warrants that the individuals who have signed this Task Order have the legal power, right, and authority to make this Task Order 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 110
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IN WITNESS WHEREOF, the parties have caused this Task Order to be executed on the date first written above.

CITY OF OROVILLE NORTHSTAR
By: ___________________________ By: ___________________________ Brian Ring, City Administrator Matt Gallaway, AIA LEED AP APPROVED AS TO FORM:

By: Scott E. Huber, City Attorney
Standard Task Order Form January 26, 2021
111
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Attachments:

Exhibit A - Consultant Scope
Exhibit B – Fee Proposal/Schedule
112
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115 Meyers Street Suite 110
Chico, California 9 5 9 2 8
w w w . r g a c h i c o . c o m
t 530 342 0302 f 530 342 1882

EXHIBIT A
March 16, 2023
Owner:

City of Oroville
Contact: Dawn Nevers
1735 Montgomery Street
Oroville, CA 95965
RE: Architectural and Engineering Services

1426 Safford Street
Oroville, CA 95965
Dear Dawn,
Thank you for the request to assist you with projects at the City of Oroville. We appreciate the opportunity to serve you and look forward to building a long and lasting relationship. Based on the request for our design services for the renovation of the Adult Transition Center and our site visit with Trover CPM we offer the following proposal for your consideration.

SCOPE OF WORK
Russell, Gallaway Associates, Inc. (“RGA”) understands the Scope of Work associated with this project is under discussion pending cost, timing, and funding availability. At the time of our site visit with Trover CPM, we understand the preliminary Scope of Work to consist of interior renovations including:
.01 Wall, floor, and ceiling finish replacement throughout the building .02 Removal and renovation of existing failing brick shower facilities .03 Partial reconfiguration or upgrade of existing kitchen facility .04 Survey and upgrade of existing restrooms for accessibility compliance RGA further understands the preliminary Scope of Work to consist of exterior renovations including:
.01 Replacement of exterior siding
.02 Replacement of existing roof
.03 Replacement of existing windows
.04 Construction of a new entrance on the Safford Street side of the existing building to upgrade aesthetics and address existing head-height limitations Scout House Renovation
113
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115 Meyers Street Suite 110 Chico, California 95928 t 530 342 0302 f 530 342 1882 www.rgachico.com

SCOPE OF SERVICES
RGA will provide the following Scope of Services to the City of Oroville. (herein after called "Owner").

Part 1 - Documentation of Existing Conditions

1.01 Prepare documentation of existing building for the purposes of architectural and structural design only, including:
.01 Verification of existing overall dimensions and structural systems using non-destructive means.
.02 Preparation of a Building Information Model (“BIM”) in Revit including architectural and structural components to Level of Development 300.
.03 Preparation of 3D point cloud of interior and exterior of the existing building using lidar-based 3D laser scanning. .04 Provide up to two (2) site visits for verification of existing conditions.

Part 2 - Schematic Design

2.01 Based on the information produced in Part 1, and direction provided by the Owner and Trover CPM, prepare Schematic Design Documents for Owner approval. Deliverables include:
.01 Preliminary floor plan
.02 Preliminary reflected ceiling plan
.03 Preliminary exterior site plan
.04 Preliminary exterior elevations
.05 Preliminary interior elevations at kitchen and restroom areas .06 Preliminary perspective images
Part 3 - Design Development

Deliverables include:
.01 Floor plan
.02 Reflected ceiling plan
.03 Exterior elevations
.04 Preliminary construction details for new entrance
.05 Preliminary exterior and interior material selections

3.02 Respond to value engineering revisions from Trover CPM and Owner. Significant changes in the project shall be addressed per Assumptions and Exclusions. 114
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115 Meyers Street Suite 110 Chico, California 95928 t 530 342 0302 f 530 342 1882 www.rgachico.com Part 4 - Construction Documentation

4.02 Prepare energy calculation compliance documentation based upon mechanical and electrical specifications provided by Owner’s MEP consultants.

4.03 Attend up to four (4) meetings to review and facilitate Owner approval of Construction Documents. Deliverables include:
.01 One (1) approved set of Construction Documents.
.02 One (1) approved set of book format specifications.

4.04 Respond to City of Oroville comments regarding RGA’s designs to secure approvals.

Part 5 - Bidding Assistance

Part 6 - Construction Administration

6.01 Attend weekly job site meetings during construction. Meeting minutes shall be prepared by others for distribution by others to Owner and all attendees.

115 Meyers Street Suite 110 Chico, California 95928 t 530 342 0302 f 530 342 1882 www.rgachico.com

Part 1 Fixed Fee $3,000 (Three-Thousand Dollars)
Part 2 Hourly, Budget Estimate $5,600 (Five-Thousand, Six Hundred Dollars) Part 3 Hourly, Budget Estimate $3,800 (Three-Thousand, Eight Hundred Dollars) Part 4 Hourly, Budget Estimate $7,900 (Seven-Thousand, Nine Hundred Dollars) Part 5 Hourly, Budget Estimate $1,300 (One-Thousand, Three Hundred Dollars) Part 6 Hourly, Budget Estimate $3,800 (Three-Thousand, Eight Hundred Dollars)