Town of Paradise
Town Council Meeting Agenda
6:00 PM – January 11, 2022
Town of Paradise Council Chamber – 5555 Skyway, Paradise, CA
Meeting Procedures
I. The Mayor is the Presiding Chair and is responsible for maintaining an orderly meeting. The Mayor calls the meeting to order and introduces each item on the agenda.
II. The Town staff then provides a report to Council and answers questions from the Council.
III. Citizens are encouraged to participate in the meeting process and are provided several opportunities to address Council. Any speaker addressing the Council is limited to three minutes per speaker - fifteen minutes per agenda item.
A. If you wish to address the Council regarding a specific agenda item, please complete a “Request to Address Council” card and give it to the Town Clerk prior to the beginning of the meeting. This process is voluntary and allows for citizens to be called to the speaker podium in alphabetical order. Comments and questions from the public must be directed to the Presiding Chair and Town Council Members (please do not address staff.) Town staff is available to address citizen concerns Monday through Thursday at Town Hall between the hours of 8am and 5pm.
B. If you wish to address Council regarding an item not on the agenda, you may do so under Item 4, “Public Communication.” Again, please fill out a card and give it to the Town Clerk before the meeting. State Law prohibits Council action on items not listed on a public agenda.
In compliance with the Americans with Disabilities Act (ADA) Compliance, persons who need special accommodations to participate in the Town Council meeting may contact the Town Clerk at least three business days prior to the date of the meeting to provide time for any such accommodation.
Town Manager, Kevin Phillips
Town Attorney, Scott E. Huber
Town Clerk, Dina Volenski
CDD, Planning & Onsite, Susan Hartman
CDD, Building & Code Enforcement, Tony Lindsey
Finance Director/Town Treasurer – Ross Gilb
Public Works Director/Town Engineer, Marc Mattox
Division Chief, CAL FIRE/Paradise Fire, Garrett Sjolund Chief of Police, Eric Reinbold
Recovery & Economic Development Director, Colette Curtis Human Resources & Risk Management Director, Crystal Peters Mayor, Steve Crowder
Vice Mayor, Greg Bolin
Council Member, Steve “Woody” Culleton
Council Member, Jody Jones
Council Member, Rose Tryon
1 1. OPENING
1a. Call to Order
1b. Pledge of Allegiance to the Flag of the United States of America 1c. Invocation
1d. Roll Call
1e. Camp Fire Recovery Updates - Written reports are included in the agenda packet:
p5 Colette Curtis, Recovery and Economic Development Director - Recovery projects, Advocacy, Economic Recovery and Development, Communications and Emergency Operations.
p8 Marc Mattox, Public Works Director/Town Engineer - Infrastructure and Sewer Update
p11 Tony Lindsey, CDD-Building and Code Enforcement - Code Enforcement Update
1f. p15 Presentation on Business and Housing by Kate Anderson, Business and Housing Manager
2. CONSENT CALENDAR
One roll call vote is taken for all items. Consent items are considered to be routine business that does not call for discussion.
2a. p17 Approve minutes of the December 14, 2021 Regular Town Council meeting.
2b. p23 Approve December 2021 Cash Disbursements in the amount of $3,671,283,14.
2c. p32 Staff recommends that the Council ratify the agreement for the Town of Paradise to accept the California Resilience Challenge 2021 Grant. 2d. p40 Adopt Resolution No. 2022-01 “A Resolution of The Town Council of The Town of Paradise Amending The Home And CDBG Homebuyer Acquisition Only/Acquisition With Rehabilitation Programs Guidelines Previously Adopted by Resolution 17-44 and The CalHome Sponsored First-Time Homebuyer Mortgage Assistance Program Guidelines."
2e. p96 Declare the attached described equipment as surplus property; and, Adopt Resolution No. 2022-02, “A Resolution declaring certain Town Equipment to be surplus and obsolete and authorizing disposal through sale or donation by the Town Manager or his designee.”
3. ITEMS REMOVED FROM CONSENT CALENDAR
4. PUBLIC COMMUNICATION
For matters that are not on the Council business agenda, speakers are allowed three (3) minutes to address the Council. The Town Council is prohibited from taking action on matters that are not listed on the public agenda. The Council may briefly respond for clarification and may refer the matter to the Town staff. 2 3
5. PUBLIC HEARINGS
For items that require a published legal notice and/or a mailed notice.
Public Hearing Procedure:
A. Staff Report
B. Mayor opens the hearing for public comment in the following order:
i. Project proponents (in favor of proposal)
ii. Project opponents (against proposal)
iii. Rebuttals – if requested
C. Mayor closes the hearing
D. Council discussion and vote
5a. p99 1. Conduct a second public hearing to receive comment on the Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG) Program; and, 2. Authorize the Town Manager to submit the CAPER to the Department of Housing and Urban Development. (ROLL CALL VOTE)
6. COUNCIL CONSIDERATION
Action items are presented by staff and the vote of each Council Member must be announced. A roll call vote is taken for each item on the action calendar. Citizens are allowed three (3) minutes to comment on agenda items.
6a. p117 Consider adopting Resolution No. 2022-__, A Resolution of the Town Council of the Town of Paradise, California, Reporting Unexpended Development Impact Fees in Accordance with Government Code Section 66006. (ROLL CALL VOTE)
6b. p130 (a) Concur with the recommended approval provided by Exceptions Committee Member Culleton; and, (b) Authorize staff to accept and process a Temporary Use Permit application from the applicant; or, (c) Concur with the recommended denial provided by Exceptions Committee Member Jones; and, (d) Direct staff to not accept and process a Temporary Use Permit application and forward the code enforcement case to legal counsel for abatement; or, Provide alternative direction to town staff. (ROLL CALL VOTE) 6c. p138 Discuss and consider providing staff with verbal direction and/or concurrence on the proposed educational campaign for property buyers regarding boundary surveys; or, Direct an alternative directive to town staff. (ROLL CALL VOTE)
6d. p140 1. Consider adopting Resolution No. 2022- , “A Resolution of the Town Council of the Town of Paradise awarding contract No. 7301.CON for the OnSystem Culvert Repair Project to the lowest responsible and responsive bidder in the amount of their base bid”; and,
2. Consider adopting Resolution No. 2022- , “A Resolution of the Town Council of the Town of Paradise awarding contract No. 7302.CON for the OnSystem Hardscape Replacement Project to the lowest responsible and responsive bidder in the amount of their base bid”; and, 3 3. Consider adopting Resolution No. 2022- , “A Resolution of the Town Council of the Town of Paradise awarding contract No. 7304.CON for the OnSystem Sign Replacement Project to the lowest responsible and responsive bidder in the amount of their base bid”; and,
4. Authorize the Town Manager to execute an agreement with the lowest responsible and responsive bidder relating to Contracts 7301.CON, 7302.CON, and 7304.CON and to approve contingency expenditures not exceeding 10% of the base bid. (ROLL CALL VOTE)
6e. p149 1. Consider concurring with staff’s recommendation of Mark Thomas and Company, Inc., to perform professional civil engineering services on the Skyway-Neal Bike/Ped project contingent upon Caltrans Office of Audits and Investigation acceptance of financial document submittals, and 2. Approving the attached Agreement for Professional Services and authorize the Town Manager to execute an agreement with Mark Thomas and Company, Inc. (ROLL CALL VOTE)
7. COUNCIL INITIATED ITEMS AND REPORTS
7a. Council initiated agenda items
7a1. Discuss whether the Town would implement a mandatory vaccine mandate. (BOLIN)
7b. Council reports on committee representation
7c. Future Agenda Items
8. STAFF COMMUNICATION
8a. Town Manager Report
Community Development Director
9. CLOSED SESSION
10. ADJOURNMENT
4 Town of Paradise
Council Agenda Summary
Date: January 11, 2022
Agenda Item: 1(e)
ORIGINATED BY: Colette Curtis, Recovery and Economic
Development Director
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Monthly Recovery Update
LONG TERM
RECOVERY PLAN:
Yes
COUNCIL ACTION REQUESTED: None
Background:
This report continues the Monthly Updates provided to keep the Town Council apprised of important developments related to the recovery of the Town of Paradise from the Camp Fire.
Included in this update are items related to recovery projects, advocacy economic recovery and development, communications and emergency operations.
Analysis:
ECONOMC DEVELOPMENT
Business Retention and Attraction
Town staff is working with the owner of a business complex in Town to retain and attract businesses by providing demographic information and projections. This information is also being compiled into a marketing sheet to be used for future retention and attraction purposes.
Non-residential market study through the Transportation Master Plan Town staff continues to work with our consultant EPS on the Non-Residential Market Study. This study will provide a supply-demand analysis as well a development opportunity site map for use in economic development and business recruitment. It will also be a foundation document for a long term economic recovery plan. EPS is also working on a development opportunity site map.
Design Standards through the Transportation Master Plan Part of the scope of the transportation master plan includes an update of design standards for the downtown and Clark commercial corridor. While we have design standards currently in place, the re-building of many of these areas provides an opportunity to update those standards to meet the vision of our community now, as well as look for resources available to make design standards more affordable to those rebuilding. A draft of updated design standards will be presented to Council in the spring. 5 RECOVERY
Trees
Category 3 Tree Removal
o CalOES/FEMA has completed all tree removal work within the town of Paradise. We do continue to work regularly with CalOES on completing unresolved damage claims. CalOES recently informed me that there are 4 claims within the Town of Paradise that have not been resolved of the 52 claims received. Abatement
o 16 property owners enrolled in the private program who have not removed their trees. (No Change from Dec. Council Report)
o 211 property owners not enrolled in any program who have not removed their trees. (-17 from Dec. Council Report)
o There are currently 227 properties at risk for abatement. This is down from 1500 in July 2020 and 850 in January of 2021.
o In December, 3 properties had trees abated that were determined to be an imminent life safety threat to neighboring structures. 2 of those properties are now fully in compliance with the Hazardous Trees Ordinance.
Long Term Recovery Plan Update
The Town Council approved initiating an update to the LTRP and we are in the planning process.
We expect to begin public outreach at the end of January or beginning of February 2022.
Category 4 Tree Removal
Phase 1 is approved but the overall project is pending with FEMA for environmental assessment. We are working through the CEQA needs from the Town to move forward and begin working on designing and implementing the program. Phase 1 contains all aspects of designing the program and identifying which specific trees would be removed. We would then submit those trees for approval to removal in Phase 2.
Early Warning System
Construction funding is pending with FEMA for Hazard Mitigation Grant Program for construction of the siren towers as outlined in the Design and Scoping Plan completed last year. This is a toppriority project for public safety and the Town is working to push for a decision on funding as soon as possible. We continue to work with FEMA/CalOES on final details of the project and we anticipate this project moving forward in the near future.. We have filed a CEQA Notice of Exemption for this project. Upon completion of the noticing period (01/17/22), our CEQA requirements for moving forward with the project would be fulfilled.
Hazardous Fuels Reduction Program
Pending with FEMA for Hazard Mitigation Grant funding. We have been updated by CalOES/FEMA that this project has been linked to the following two projects (Defensible Space Code Enforcement and Residential Ignition Resistant Improvements). We have filed a CEQA Notice of Exemption for this project. Upon completion of the noticing period (01/17/22), our CEQA requirements for moving forward with the project would be fulfilled.
Defensible Space Code Enforcement Program
Pending with FEMA for Hazard Mitigation Grant funding. We recently developed our strategy for moving this project forward and are working with CalOES and FEMA on that process at the same time they are working on their environmental assessment. We have complete our CEQA 6 requirements for moving forward with the project.
Residential Ignition Resistant Improvement Program
This program is being designed by Town Staff and Ernst and Young. It is intended to provide up to 75% reimbursement, to a cap, to property owners who improve and harden their standing structures to make them more resistant to ignition. Elsewhere in this council agenda we have submitted our request to file a CEQA Notice of Exemption for this project. This will fulfill our CEQA requirements for moving forward with the project.
Reseeding Program
Phase 1 of this project was completed in November with the acceptance of the reseeding plan. Our next step will be to determine how to move forward with the direction for implementation provided by council in November.
Federal Advocacy
Senate Bill 187 Hazard Eligibility and Local Projects Act (HELP Act) – The Town is providing a letter of support for this bill which would help get federal hazard mitigation assistance to the agencies that need it in a more timely manner. The bill has already passed the House of Representatives with support from Congressman LaMalfa.
COMMUNICATIONS
Text My Gov Communication Tool
The Town has contracted with Text My Gov to provide information to the public via text message.
This will allow the Town to answer questions automatically via text message as well as allow residents to opt into push notifications on certain topics. Text My Gov will not replace Code Red for emergency notification.
Community Relations Committee (CRC)
The Committee will hold their monthly meeting on January 12th and will hear an update on recovery projects.
Committee members continue to distribute a monthly newsletter created by staff.
EMERGENCY MANAGEMENT
Emergency Operation Plan Update: Constant Associates is now working on the update and we will have more information to report in the coming months. We anticipate a final report this spring.
Town staff are formulating an EOC Training Exercise calendar to ensure all staff and Council are property trained and ready for an emergency. The calendar also includes a community drill to help our residents prepare for an emergency.
Financial Impact:
None.
7 1
TOWN OF PARADISE
Council Agenda Summary
Date: January 11, 2022
Agenda No. 1(e)
ORIGINATED BY: Marc Mattox, Public Works Director / Town Engineer REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Camp Fire Recovery Updates - Infrastructure
COUNCIL ACTION REQUESTED:
1. None, written monthly update only.
Background:
This report continues the Monthly Disaster Recovery Updates provided to keep the Town Council apprised of important developments related to the recovery of the Town of Paradise from the Camp Fire.
Analysis:
Road Rehabilitation
As previously covered in related Agenda Summaries and Updates, the Town of Paradise has secured funding from both FEMA and Federal Highways Administration for the purposes of road rehabilitation associated with Camp Fire damages from the fire itself, debris removal and tree removal operations. These projects cover all Town of Paradise publicly owned and maintained roadways, and are ready for project certification to start construction efforts in late 2022.
At this time, and for the last six months in earnest, Paradise Irrigation District has not provided requested information relating to required utility relocation/adjustments needed as a part of the project. In absence of the requested documentation, staff is unable to advance the projects through the Right of Way certification phase, enabling further construction-readiness activities to take place.
Paradise Irrigation District is contesting liability for the costs associated and caused by the Town’s road rehabilitation projects. Town staff has communicated codes and standards as well as establishing a burden of proof requirement for Paradise Irrigation District to not be liable for utility relocation costs.
Town staff expects to have verbal updates available during the Council meeting for progress between last month and current conditions.
Transportation Master Plan
Preparation of the Transportation Master Plan (TMP) is well underway. The TMP will evaluate daily and evacuation transportation needs, policy documents, construction standards, and opportunities to support economic development. The Transportation Master Plan will provide a prioritized list of improvements for near-term and long-term construction. All TMP related information can be found here: https://www.townofparadise.com/pwe/page/transportationrecovery-efforts 8 2
A series of four workshops has been announced for public input and participation in the development of the TMP, listed below:
Thursday, June 3, 2021: Infrastructure Recovery Update (Completed) o Watch recorded workshop here.
Tuesday, June 22, 2021: Roadway and Traffic Evacuation Planning (Completed) o Watch recorded workshop here.
o 800+ survey responses received, data to be presented under Item 6b of this Council agenda.
Thursday, July 15, 2021: Downtown and Clark Road Design Standards (Completed) o Watch recorded workshop here.
Thursday, August 12, 2021: Bicycling and Walking Network Review (Completed) o Watch recorder workshop here.
All workshops have allowed flexible attendance either virtually or in-person at Town Hall Council Chambers (5555 Skyway, Paradise).
Currently there are four primary focuses of the Transportation Master Plan:
1. Efforts are currently underway to increase public participation for feedback on the Transportation Master Plan through staffing of tables at various community events and locations. These efforts are mostly focused on Active Transportation Program-type projects such as sidewalks and multi-use bike-pedestrian pathways. Additional outreach and participation with the public to shape project priorities significantly improves our project applications’ competitiveness.
2. Multi-agency Emergency Evacuation Planning Task Force has resumed meetings and made significant progress towards addressing major objective’s in the Town’s Corrective Action Plan. This includes revisions to the Town’s Emergency Evacuation and Traffic Control Plan as well as initiating processes to improve regional communication and implementation strategies.
3. Relating to utilities, work is underway for the development of policies, procedures and coordination. This involves the creation of a master map of undergrounding to be used in planning future road rehabilitation projects.
4. Grant application work has been completed for the Community Development Block Grant – Disaster Recovery relating to transportation projects identified through technical analysis and public feedback.
Paradise Sewer Project
Efforts for Past Month:
Held the following meetings to review project efforts:
o On November 29, 2021, met with Supervisor Kimmelshue
o On December 1, 2021, met with Butte LAFCo staff
o On December 2, 2021, met with Supervisor Teeter
o On December 7, 2021, met with Supervisor Lucero, Supervisor Ritter and Butte County staff (Joshua Pack and Paula Daneluk)
o On December 16, 2021, met with Supervisor Conneley
9 3
The Central Valley Regional Water Quality Control Board (Regional Board) hosts meetings of the Sewer Regionalization Project Advisory Committee (SRPAC). The SRPAC met inperson on December 13, 2021 at 1:00 pm at the City of Chico’s council chambers.
Information about SRPAC meetings, including agendas and meeting minutes, can be found at www.paradisesewer.com.
Continued analysis and writing efforts for the Draft EIR. Continued to update public website (www.paradisesewer.com). The City of Chico, through its consultant Carollo Engineers, continued its analysis of the potential to treat Paradise wastewater at the Chico Water Pollution Control Plant. Continued funding application efforts.
Efforts for Next Month:
The next SRPAC meeting is scheduled for January 31, 2022 at the Town of Paradise council chambers.
Continue writing efforts on the Draft Environmental Impact Report (EIR). The City of Chico, through its consultant Carollo Engineers, will continue its analysis of the potential to treat Paradise wastewater at the Chico Water Pollution Control Plant. Continue funding application efforts.
Requests/Interactions with County Agencies:
None identified at this time, beyond the meetings identified above. 10
Town of Paradise
Council Agenda Summary
Date: January 11th, 2022
Agenda Item: 1e
ORIGINATED BY: Tony Lindsey, CDD, Building & Code
Enforcement
REVIEWED BY: Kevin Philips, Town Manager
SUBJECT: Camp Fire Recovery Updates – Code Enforcement
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Code Enforcement Update
Background:
The mission of the Code Enforcement Division is to promote and maintain a safe and desirable living and working environment. We help maintain and improve the quality of our community by administering a fair and unbiased enforcement program to correct violations of municipal codes and land use requirements. We work with residents, neighborhood associations, public service agencies, and other Town departments to:
• Facilitate voluntary compliance with Town codes.
• Empower community self-help programs.
• Develop public outreach programs.
• Establish community priorities for enforcement programs.
Analysis:
Code Enforcement receives complaints of violations from staff and general community members.
Each complaint is investigated and verified by our Officers. During the month of December (December 3rd – December 27th) Code Enforcement worked a total of 85 RV violations spread throughout Town. 12 locations had a Temporary Use Permit (TUP) and 73 unpermitted sites did not. By the end of this reporting period, the total number of RV cases was reduced to 74, 68 without TUP and 6 with TUP. (Map Exhibit A)
TUPs issued under ORD 612 as of 12/27/2021 = 299 (Map Exhibit B) • Storage only – 33 (33)
• Occupied & issued – 266 (270)
• 238 (80%) are owner applied/occupied.
Below are the statistics of our current RV Code Enforcement activity for the reporting period and included for reference are the last reporting period numbers in parenthesis. • Sites without TUP’s – 73 (71)
11
• Sites with TUP Violations – 12 (18)
• Sites with Administrative Warnings – 85 (89)
• Sites with 1
st Administrative citation issued – 56 (60)
• Sites with 2
nd Administrative citation issued – 37 (40)
• Sites with 3
rd Administrative citation issued – 20 (17)
• Compliance Gained RV cases closed – 11 (10)
o 4 RVs removed
o 7 Violation resolved (weed & debris removed, building permit issued) The Community Enhancement Outreach Team, consisting of Fire Prevention, Police, Housing, and Code Enforcement staff visited 20 RV sites.
• 16 community members were contacted:
o 11 were tenants and did not own property.
o 5 owner-occupied.
o 2 purchased the property post-Camp Fire.
o 2 are being assisted by Housing.
o 1 accepted flyers for the Town’s programs.
Town Attorney staff sent nine (9) Nuisance properties final 30-day warning letters to abate the nuisance conditions. Work continues on the remainder and each site is monitored for compliance.
Two (2) have self-abated removing the municipal code violations (refuse, debris, weed abatement, and RV’s removed). Code prepared 4 more nuisance property files for Town attorney review.
Other Code Enforcement Items:
• Abandoned Vehicle Authority abatements – 18 (9)
o 6 vehicles were towed.
o 12 voluntarily removed.
• Complaints regarding: Waste and Refuse, Building without Permits, Camping, Cargo Containers, Grading, Erosion control, Fire Hazards, etc.
Fire Prevention is built upon the philosophy of three main objectives: Education, Engineering, and Enforcement. Fire Prevention is a vital function in the community and our continued economic development. Our defensible space and hazardous fuel management ordinance requires property owners to keep their parcels fire safe, whether they live in Town or not.
Beginning on May 3rd our sole Fire Prevention Inspector began the task of performing weed abatement inspections on 11,086 parcels within our community.
The following is the number of Defensible Space Program inspections that have been completed as of 12/27/2021:
▪ Compliant – 8,177 (7,746)
▪ Non-compliant – 2,406 (2,824)
▪ Code Enforcement Referrals – 603 (515)
o 461 Active Code Cases
o 142 Closed Code Cases, weeds, log decks, and debris removed. 12 TUPs under ORD 612
RV TUP STORAGE ONLY RV TUP OCCUPIED TUP Violations Violations w/ TUP RV no TUP 13 TUPs under ORD 612
RV TUP STORAGE ONLY RV TUP OCCUPIED
14 1
Town of Paradise:
Housing Programs and
Accomplishments
Rebuild Advocate Program
The Town of Paradise has Rebuild Advocates to assist with navigating insurance, FEMA or SBA; understanding additional financing options; selecting a contractor; submitting plans, or any part of the rebuild process. Advocates are here to help overcome the challenges of rebuilding.
To-date 724 households have sought RA services, most
have had multiple interactions.
Available Monday through Friday from
8:00am to 5:00pm at the
Building Resiliency Center
6295 Skyway
Call 530-872-6291 x430
“Dear Karen, Thanks for your email. I wanted to let you know that we successfully rebuilt on my mother’s lot and moved in mid-June 2021. Our beautiful new home is based on the “Hemlock House” floorplan from the Rebuild Paradise Foundation’s design library. Starting with those plans gave us a huge jumpstart on rebuilding. We also found our contractor, Jamie Romero, from the Chamber of Commerce listing. After visiting my parents since the mid-80’s in Paradise, my husband and I had hoped to retire in Paradise, too. Now, Jack and I and Mom -- an active 97-year old -- are happy to be here. We cannot say enough good things about our friendly and helpful neighbors and all those from the town who assisted with the rebuild process. Thanks for all you do. Take care,” -- Debbie
Town of Paradise
Owner-Occupied Housing Rehabilitation/
Reconstruction Program ($23 million)
◼ The intention of this program is to help homeowners bring substandard living conditions up to a standard level. Minimum of $2,000 in repairs, maximum up to $425,000 but most are limited to $150,000.
◼ Deferred loan with no payments for 30 years as long as you continue to own and reside at the property; low interest rate (3% simple interest for the first 10 years); forgiveness of all Interest after year 20.
To-date 11 homes rebuilt, 18 under construction and 36 in the application process. Now working directly with RecoverCA on many more.
“I could not have done it without your help! I didn’t know that my insurance would allow my block home or that the Town would help me financially. You gave me faith that I could do it. The Camp Fire was a rude awaking, but the rebuild was a happy experience. It was a journey to get here, and I learned there were many, many steps and small wins at each step. I feel better about myself and how I live now. I am better off. You will be a life-long friend. I don’t have a mortgage payment, and now I can live life. I wish I could talk others into using this program.” – Linda, 68 years old. “It was a learning experience, because I never did anything like this before. I have difficulty with my vision and it took a while, but we did it! Sarah was very good working with me. I was slow, but she kept prompting me and helping me. I am very please. It is so good to be home. It is like a weight has been lifted off of me. Out my window doesn’t look like it used to, but that is progressing as well.” – Gail, 83 years old
Town of Paradise
First-Time Homebuyer Program
◼ The intention of this program is to help make home-ownership more affordable by providing assistance toward the purchase price and closing costs of an owner-occupied, affordable housing unit. Maximum assistance is $40,000 and maximum purchase price is $440,880.
◼ Deferred loan with no payments for 30 years as long as you continue to own and reside at the property; low interest rate (3% simple interest for the first 10 years); forgiveness of all Interest after year 20.
To-date 3 homes purchased and
6 applications in process. Teaming
up with Habitat and CHIP.
1 2
3 4
5 6
15 2
“The whole process was great! It is awesome that the Town has this available; it made a huge difference for us. It is not available in Chico, and we probably wouldn’t be able to get into a home quickly if not for this program. Our kids are in school here and making friends. It is great. ” – anonymous, family of 4
Town of Paradise
Septic Grant Program ($570,000)
◼ Aims to assist Camp Fire survivors to repair or replace septic systems damaged or destroyed during the Camp Fire or subsequent clean-up efforts. Grants up to $17,000 may assist qualifying property owners who were uninsured or underinsured. No income limits.
◼ Eligible repairs include: septic tank repair or replacement, leach line repair or replacement, complete replacement of gravity-fed, pressure dosed and engineered systems.
◼ Owner must: have owned property at the time of the fire, submit an application, have their system inspected with necessary repairs identified, and provide insurance claim and/or FEMA assistance.
To-date 17 application in process.
Available Monday through Friday from
8:00am to 5:00pm at the
Building Resiliency Center
6295 Skyway
Call 530-872-6291 x429
◼ Goal is to create affordable renting housing
◼ Large projects (8+ units) first round of project applications due December 21, 2021
3 project applications received and 3 more local groups interested in next round of funding
◼ Small projects (1-7 units) program being proposed to HCD.
CDBG-DR
Multifamily Rental Housing Program ($55 million) Additional programs ◼ Butte County Community Development: similar programs. https://www.buttecounty.net/economicdevelopment/CommunityDevelopment or call (530) 552-3338 ◼ ReCoverCA: grant from the State to assist residents rebuild their homes. https://recover.hcd.ca.gov/
◼ Rebuild Paradise Foundation: annual Expo, mastered floor plans, grants to help with infrastructure costs, insurance resources. https://www.rebuildparadise.org/
◼ USDA Rural Development: offers loans that can acquire property, assist with construction financing, and ultimately be the permanent financing; also loans/grants for repairs.
https://www.rd.usda.gov/programs-services/single-family-housingprograms or call the Oroville office at (530) 534-0112 ◼ Habitat for Humanity of Butte County: 10 home/year for 3 years! https://www.buttehabitat.org/ or call (530) 332-0821
◼ Community Housing Improvement Project: 4 new self-help builds plus OOR self-help https://www.chiphousing.org/ or call (530) 891-6931 7 8
9 10
16 TOWN COUNCIL
Meeting Minutes
6:00 PM – December 14, 2021
1. OPENING
The Regular meeting of the Paradise Town Council was called to order by Mayor Crowder at 6:01 p.m. in the Town Council Chamber located at 5555 Skyway, Paradise, California who led the Pledge of Allegiance to the Flag of the United States of America. An invocation was offered by Council Member Culleton.
COUNCIL MEMBERS PRESENT: Greg Bolin, Steve “Woody” Culleton, Jody Jones, Rose Tryon and Steve Crowder, Mayor.
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Town Manager Kevin Phillips, Town Clerk Dina Volenski, Town Attorney Scott E. Huber, Public Works Director/Town Engineer Marc Mattox, Finance Director Ross Gilb, Community Development Director Susan Hartman, Community Development Director Tony Lindsey, Fire Chief Garrett Sjolund, Recovery and Economic Development Director Colette Curtis, Principal Engineer Ashley Stanley, Chief Eric Reinbold, and Deputy Town Clerk Melanie Norris.
1a. Mayor Crowder presented the “Year in Review”.
1. John Miller George spoke on this item.
1b. Town Clerk Volenski, as temporary Chair, opened the nominations for selection of Mayor for a one-year term beginning December 14, 2021 through December 13, 2022.
Council Member Jones nominated Steve Crowder to serve as Mayor for a one-year term beginning December 14, 2021 through December 13, 2022.
MOTION by Culleton, seconded by Bolin, closed the nominations for the position of Mayor. All Council concurred to close the nomination.
As no other member was nominated, Steve Crowder was appointed to serve as Mayor for a one-year term beginning December 14, 2021 through December 13, 2022.
1. John Miller George spoke on this item.
1c. Town Clerk Volenski turned the meeting over to Mayor Crowder who opened nominations for the position of Vice-Mayor for a one-year term commencing December 14, 2021 2021 through December 13, 2022. 17 Council Member Jones nominated Greg Bolin to serve as Vice-Mayor for a one-year term beginning December 14, 2021 through December 13, 2022.
MOTION by Jones, seconded by Culleton, closed the nominations for the position of Vice Mayor. All Council concurred to close the nomination.
As no other member was nominated, Greg Bolin was appointed to serve as Vice-Mayor for a one-year term beginning December 14, 2021 through December 13, 2022.
1d. Camp Fire Recovery Updates: The following items were written reports included in the agenda packet:
Colette Curtis, Recovery and Economic Development Director - Recovery projects, Advocacy, Economic Recovery and Development, Communications and Emergency Operations.
Recovery and Economic Development Director Colette Curtis and Town Manager Phillips answered questions on the status of the Category 3 Tree FEMA reimbursement request.
Marc Mattox, Public Works Director/Town Engineer - Infrastructure and Sewer Update
Marc Mattox, Town Engineer answered questions regarding delays in the road repaving project. Town Attorney Scott Huber answered questions regarding a meeting with a citizen concerning the Sewer Project.
Tony Lindsey, CDD-Building and Code Enforcement - Code
Enforcement Update
1. John Miller George spoke on this item.
1e. Principal Engineer Ashley Stanley presented an update on the Paradise Sewer Project and Council Member Jones reported on the Paradise Sewer Regionalization Project Committee’s activities.
2. CONSENT CALENDAR
MOTION by Bolin, seconded by Culleton, approved consent calendar items 2a through 2i. Roll call vote was unanimous.
2a. Approved minutes from the November 9, 2021 Special and Regular Town Council meetings.
2b. Approved November 2021 Cash Disbursements in the amount of $2,289,881.15.
2c. Waived the second reading of the entire Town Ordinance No. 614 and approve reading by title only; and, adopted Town Ordinance No. 614, “An 18 Ordinance Amending Chapter 8.58.060 section E to the Paradise Municipal Code Relating to Defensible Space and Hazardous Fuel Management”. 2d. Concurred with staff recommendation to file CEQA Notices of Exemption for four disaster recovery projects. 1-Residential Ignition Resistant Improvement Program, 2-Early Warning System, 3-Hazardous Fuels Reduction Project and 4-Category 4 Tree Removal.
2e. Concurred with staff recommendation to file CEQA Notice of Exemption for the Butte Fire Safe Council Fuel Reduction Grazing Project. 2f. 1. Concurred with the recommended approvals provided by Exceptions Committee Members Culleton and Jones; and, 2. Authorized staff to accept and process Temporary Use Permit applications from the applicants. 2g. Adopted Resolution No. 21-52, “A Resolution of the Town Council of the Town of Paradise Authorizing Agents to Execute an Application with the California Governor’s Office of Emergency Services for Obtaining Certain Federal Financial Assistance.”
2h. Authorized the Town Manager to execute an amendment to the agreement for professional services with Management Partners originally dated January 19, 2021 to extend the terms of the agreement from August 31, 2021 to June 30, 2022.
2i. 1. Declared described equipment as surplus property; and, 2. Adopted Resolution No. 21-53, “A Resolution of the Town Council of the Town of Paradise Declaring Certain Town Property to be Surplus and Authorizing Disposal Thereof.”
1. John Miller George spoke on this item.
3. ITEMS REMOVED FROM CONSENT CALENDAR - None
4. PUBLIC COMMUNICATION
1. Ward Habriel commented on the dig once policy and gifted daffodils to Council.
2. Jon Remalia commented that he thought the Town had changed for the better.
3. John Miller George commented on the difficulties of rebuilding in the Town of Paradise.
5. PUBLIC HEARINGS - None
6. COUNCIL CONSIDERATION
6a. Council appointed Council representatives and alternates to represent the Town of Paradise on various local and regional boards, committees, and commissions. (Committee assignments attached) (120-10-010) 19 7. COUNCIL INITIATED ITEMS AND REPORTS
7a. Council initiated agenda items
1. Council discussed a potential requirement to have properties surveyed prior to the listing or selling of the property and directed staff to research its feasibility and report different options back to the Town Council.
7b. Council reports on committee representation
Vice-Mayor Bolin attended the Truck Parade, Tree Lighting Ceremony and the LAFCo meeting.
Council Member Jones attended a BCAG meeting.
Council Member Culleton attended a Consortium of Care meeting.
Mayor Crowder attended the Veteran’s Day Ceremony; the ribbon cutting for Achieve Charter School; toured the new Jesus Center and Paradise Community Village with Assemblyman James Gallagher; attended the Truck Parade and Tree Lighting; and reported on the final District Map which was approved by the Butte County Board of Supervisors on December 14th.
7c. Future Agenda Items - None
8. STAFF COMMUNICATION
8a. Town Manager Phillips reported on the new composting requirements and informed the Town Council that the Town filed for an exemption as the obligation for compliance was based off of the jurisdictional population and garbage tonnage in 2014. Cal Recycle denied the request for exemption, however, Town Manager Phillips did report that as long as a jurisdiction is making attempts to comply, it will not be fined. The Town intends to go through the legislative process to get the Town’s base year to be moved from 2014 to 2019.
Town Manager Phillips thanked staff for their work and provided an overview of each department’s successes. He shared that the Town has been awarded the California Resilience Challenge Grant which will be used to explore ways Paradise could qualify for lower insurance rates. The Town is moving forward with the Long-Term Recovery Plan update and will schedule Council and community meetings for input, after the new year.
Town Manager Phillips also provided an overview of the Habitat for Humanity program in Paradise.
9. CLOSED SESSION - None
20 10. ADJOURNMENT
Mayor Crowder adjourned the Council meeting at 7:50 p.m.
Date approved:
By:
_________________________
Steve Crowder, Mayor
Attest:
__________________________
Dina Volenski, CMC, Town Clerk
21 2022 Representation
2022 TOWN COUNCIL
REPRESENTATION
BUTTE COUNTY
COMMITTEES/COMMISSIONS
BUTTE COUNTY Bolin Crowder Culleton Jones Tryon
1. Air Quality Management District A R
2. Association of Governments R A
3. City Selection Committee (Mayor) R
4. Disaster Council (Mayor) R
5. Local Area Formation Commission
(LAFCo) (Bolin was appointed
through 5/2023 – Appointed by City
Selection Committee) R
6. Mosquito and Vector Control Board Melissa Schuster
7. Waste Mgt Local Task Force R A
8. City/County Ad Hoc Committee R
9. Tourism Business Improvement
District (TBID) Colette Curtis
10. Continuum of Care R
11. Butte County Fire Safe Council R
LOCAL COMMITTEES/COMMISSIONS
PARADISE Bolin Crowder Culleton Jones Tryon
1. Paradise Community Village R A
2. Paradise Irrigation District Liaison R R
3. Paradise Rec. & Park District Liaison R R
4. Paradise Solid Waste Committee R R
5. Onsite Ad Hoc Committee R R
6. Finance Committee
(Mayor & Vice Mayor) R R
7. Butte County Oversight Board R
8. Paradise Sewer Regionalization
Project Advisory Committee R R
22 TOWN OF PARADISE
CASH DISBURSEMENTS REPORT
FOR THE PERIOD OF
December 1, 2021 - December 31, 2021
23 CASH DISBURSEMENTS REPORT
December 1, 2021 - December 31, 2021
Check Date Pay Period End Description Amount Total
12/10/2021 12/5/2021 Net Payroll - Direct Deposits and Checks $ 171,180.86 12/24/2021 12/19/2021 Net Payroll - Direct Deposits and Checks 171,572.01 $ 342,752.87
Accounts Payable
Payroll Vendors: Taxes, PERS, Dues, Insurance, Etc. 317,248.54 Operations Vendors: Supplies, Contracts, Utilities, Etc. $ 3,011,281.73 TOTAL CASH DISBURSEMENTS ACCOUNTS PAYABLE 3,328,530.27
GRAND TOTAL CASH DISBURSEMENTS $ 3,671,283.14
APPROVED BY:
Kevin Phillips, Town Manager
APPROVED BY:
Ross Gilb, Finance Director / Town Treasurer
24 Number Date Status Void Reason
Reconciled/
Voided Date
Transaction
Amount
Reconciled
Amount Difference
79456 12/02/2021 Open $140,312.74
79457 12/02/2021 Open $87.14
79458 12/02/2021 Open $34.09
79459 12/02/2021 Open $463.32
79460 12/02/2021 Open $727.01
79461 12/02/2021 Open $61.45
79462 12/02/2021 Open $165.00
79463 12/02/2021 Open $46,275.11
79464 12/02/2021 Open $109.95
79465 12/02/2021 Open $159.01
79466 12/02/2021 Open $210.49
79467 12/02/2021 Open $22.77
79468 12/02/2021 Open $4,872.62
79469 12/02/2021 Open $1,115.54
79470 12/02/2021 Open $260.00
79471 12/02/2021 Open $565.52
79472 12/02/2021 Open $750.00
79473 12/02/2021 Open $9,166.67
79474 12/02/2021 Open $4,000.00
79475 12/02/2021 Open $83.00
79476 12/02/2021 Open $1,440.00
79477 12/02/2021 Open $56.84
79478 12/02/2021 Open $781.25
79479 12/02/2021 Open $88,013.54
79480 12/02/2021 Open $201.57
79481 12/02/2021 Open $87,495.84
79482 12/02/2021 Open $1,073.32
79483 12/02/2021 Open $124.03
79484 12/02/2021 Open $350.00
79485 12/02/2021 Open $274.78
79486 12/02/2021 Open $22,320.00
79487 12/02/2021 Open $3,264.58
79488 12/02/2021 Open $3,684.50
79489 12/02/2021 Open $253.99
79490 12/02/2021 Open $259.62
79491 12/02/2021 Open $500.00
79492 12/02/2021 Open $233,807.92
79493 12/02/2021 Open $739.53
79494 12/02/2021 Open $1,100.00
79495 12/02/2021 Open $2,256.27
79496 12/02/2021 Open $4,431.45
79497 12/02/2021 Open $2,617.79
79498 12/02/2021 Open $34,785.19
79499 12/02/2021 Open $507.25
79500 12/02/2021 Open $475.93
79501 12/02/2021 Open $48.66
79502 12/02/2021 Open $9,333.24
Accounts Payable MOBILE MINI INC
Accounts Payable Mt Shasta Spring Water Co., Inc
Accounts Payable NORTHGATE PETROLEUM CO
Accounts Payable Mark Thomas & Company Inc
Accounts Payable Mark Thomas & Company Inc
Accounts Payable MID VALLEY TITLE & ESCROW
Accounts Payable Mark Thomas & Company Inc
Accounts Payable Mark Thomas & Company Inc
Accounts Payable Mark Thomas & Company Inc
Accounts Payable James or Lavenia Riotto
Accounts Payable KNIFE RIVER CONSTRUCTION
Accounts Payable Mark Thomas & Company Inc
Accounts Payable I.M.P.A.C. PAYMENTS IMPAC GOV SVCS/US BANCORP Accounts Payable INDUSTRIAL POWER PRODUCTS
Accounts Payable INTERSTATE OIL COMPANY
Accounts Payable GREAT AMERICA LEASING CORP.
Accounts Payable Hope Crisis Response Network, Inc
Accounts Payable Hope Crisis Response Network, Inc
Accounts Payable ENTERPRISE FM TRUST
Accounts Payable EVERGREEN JANITORIAL SUPPLY, INC.
Accounts Payable Granicher Appraisals, Inc
Accounts Payable Dewberry Engineers Inc.
Accounts Payable Down Range Indoor Training Center
Accounts Payable Downtown Ford Sales
Accounts Payable BUTTE COLLEGE, PUBLIC SERVICE CENTER
Accounts Payable Creative Composition Inc
Accounts Payable De Lage Landen Public Finance LLC
Accounts Payable Blue Flamingo Marketing Advocates
Accounts Payable Broad & Gusman
Accounts Payable Bug Smart
Accounts Payable Big O Tires
Accounts Payable Bill G Donovan
Accounts Payable Bill G Donovan
Accounts Payable AT&T/CALNET3 - COMMUNITY PARK
Accounts Payable AT&T/CALNET3 - Summary
Accounts Payable AT&T/CALNET3 - TH/FDPD FIBER LINES
AT&T MOBILITY
Accounts Payable AT&T/CALNET3 - REPEATER LINES
Accounts Payable Alvies, Sheris
Accounts Payable ANIMAL HOSPITAL/VETMOBILE
Accounts Payable Aryus Homes
Accounts Payable
TOWN OF PARADISE
Payment Register
From Payment Date: 12/1/2021 - To Payment Date: 12/31/2021 Source Payee Name
Accounts Payable ACCESS INFORMATION PROTECTED
Accounts Payable ACI ENTERPRISES, INC.
Accounts Payable AIRGAS SAFETY, INC.
AP - US Bank TOP AP Checking
Check
Accounts Payable 4LEAF, Inc
Accounts Payable A Stitch Above Embroidery & Shirt Printing Accounts Payable AT&T & CALNET3 - CIRCUIT LINES
25 Number Date Status Void Reason
Reconciled/
Voided Date
Transaction
Amount
Reconciled
Amount Difference
TOWN OF PARADISE
Payment Register
From Payment Date: 12/1/2021 - To Payment Date: 12/31/2021 Source Payee Name
AP - US Bank TOP AP Checking
Check
79503 12/02/2021 Open $496.33
79504 12/02/2021 Open $222.07
79505 12/02/2021 Open $222.74
79506 12/02/2021 Open $22,237.38
79507 12/02/2021 Open $2,528.44
79508 12/02/2021 Open $292.24
79509 12/02/2021 Open $1,215.00
79510 12/02/2021 Open $408.00
79511 12/02/2021 Open $7,926.51
79512 12/02/2021 Open $160.10
79513 12/02/2021 Open $8,398.99
79514 12/02/2021 Open $8,951.14
79515 12/02/2021 Open $190.07
79516 12/02/2021 Open $1,640.12
79517 12/02/2021 Open $364.96
79518 12/02/2021 Open $68.73
79519 12/02/2021 Open $183.62
79520 12/02/2021 Open $2,049.73
79521 12/02/2021 Open $20,000.00
79522 12/02/2021 Open $336.34
79523 12/02/2021 Open $57.98
79524 12/02/2021 Open $9,296.50
79525 12/02/2021 Open $952.00
79526 12/02/2021 Open $1,714.16
79527 12/02/2021 Open $5,923.40
79528 12/02/2021 Open $777.19
79529 12/02/2021 Open $80.00
79530 12/14/2021 Open $1,200.00
79531 12/14/2021 Open $194.76
79532 12/16/2021 Open $124,667.23
79533 12/16/2021 Open $89.81
79534 12/16/2021 Open $2,154.96
79535 12/16/2021 Open $16.80
79536 12/16/2021 Open $229.69
79537 12/16/2021 Open $79.54
79538 12/16/2021 Open $15,000.00
79539 12/16/2021 Open $19,903.00
79540 12/16/2021 Open $175.00
79541 12/16/2021 Open $175.00
79542 12/16/2021 Open $175.00
79543 12/16/2021 Open $1,006.25
79544 12/16/2021 Open $15.00
79545 12/16/2021 Open $580.00
79546 12/16/2021 Open $80.00
79547 12/16/2021 Open $50.00
79548 12/16/2021 Open $509.00
79549 12/16/2021 Open $394.78
Accounts Payable CALIFORNIA STATE DEPARTMENT OF JUSTICE Accounts Payable COMCAST CABLE
Accounts Payable BUTTE CO RECORDER
Accounts Payable BUTTE REGIONAL TRANSIT
Accounts Payable CA LAW ENF. ASSOC. OF RECORDS SUPERVISORS, INC.
Accounts Payable BIDWELL TITLE & ESCROW
Accounts Payable Big O Tires
Accounts Payable Biometrics4ALL, Inc
Accounts Payable Balken Construction
Accounts Payable BIDWELL TITLE & ESCROW
Accounts Payable BIDWELL TITLE & ESCROW
Accounts Payable Asbury Environmental Services
Accounts Payable AT&T MOBILITY
Accounts Payable Balken Construction
Accounts Payable ACCESS INFORMATION PROTECTED
Accounts Payable ALLSTAR FIRE EQUIPMENT
Accounts Payable American River Benefit Administrators
Accounts Payable ICMA 457 - VANTAGEPOINT
Accounts Payable STATE DISBURSEMENT UNIT
Accounts Payable 4LEAF, Inc
Accounts Payable SUN LIFE INSURANCE
Accounts Payable SUPERIOR VISION SVC NGLIC
Accounts Payable TOP CONFIDENTIAL MID MGMT ASSOCIATION
Accounts Payable Met Life
Accounts Payable OPERATING ENGINEERS
Accounts Payable PARADISE POLICE OFFICERS ASSOCIATION
Accounts Payable Urban Design Renovation & Construction Inc Accounts Payable Vit Builders LLC
Accounts Payable Aflac
Accounts Payable THOMAS HYDRAULIC & HARDWARE SUPPLY, INC.
Accounts Payable Tri Flame Propane
Accounts Payable UNITED RENTALS, INC.
Accounts Payable T and S DVBE Inc.
Accounts Payable THOMAS ACE HARDWARE - ENG. DEPT.
Accounts Payable THOMAS ACE HARDWARE - POLICE DEPT.
Accounts Payable SBA Monarch Towers III LLC
Accounts Payable Spherion Staffing
Accounts Payable Stratti
Accounts Payable Peters, Habib, McKenna, Juhl-Rhodes & Cardoza, LLP Accounts Payable SACRAMENTO REGIONAL PUBLIC SAFETY TRAINING CTR.
Accounts Payable Santander Leasing LLC
Accounts Payable PACIFIC GAS & ELECTRIC
Accounts Payable PARADISE IRRIGATION DIST
Accounts Payable PARADISE POST
Accounts Payable NV5, Inc.
Accounts Payable O'REILLY AUTO PARTS
Accounts Payable OFFICE DEPOT ACCT#36233169
26 Number Date Status Void Reason
Reconciled/
Voided Date
Transaction
Amount
Reconciled
Amount Difference
TOWN OF PARADISE
Payment Register
From Payment Date: 12/1/2021 - To Payment Date: 12/31/2021 Source Payee Name
AP - US Bank TOP AP Checking
Check
79550 12/16/2021 Open $409.78
79551 12/16/2021 Open $139.78
79552 12/16/2021 Open $2,970.00
79553 12/16/2021 Open $535.01
79554 12/16/2021 Open $615.00
79555 12/16/2021 Open $648.62
79556 12/16/2021 Open $209.14
79557 12/16/2021 Open $595.50
79558 12/16/2021 Open $496.00
79559 12/16/2021 Open $93,532.73
79560 12/16/2021 Open $410.51
79561 12/16/2021 Open $18,475.00
79562 12/16/2021 Open $4,158.00
79563 12/16/2021 Open $109.95
79564 12/16/2021 Open $51,372.00
79565 12/16/2021 Open $35.44
79566 12/16/2021 Open $350.00
79567 12/16/2021 Open $350.00
79568 12/16/2021 Open $5,296.00
79569 12/16/2021 Open $6,655.93
79570 12/16/2021 Open $3,840.00
79571 12/16/2021 Open $20,800.00
79572 12/16/2021 Open $2,452.12
79573 12/16/2021 Open $15,384.55
79574 12/16/2021 Open $642.41
79575 12/16/2021 Open $991.99
79576 12/16/2021 Open $1,050.00
79577 12/16/2021 Open $2,056.50
79578 12/16/2021 Open $560.80
79579 12/16/2021 Open $420.54
79580 12/16/2021 Open $1,200.00
79581 12/16/2021 Open $1,200.00
79582 12/16/2021 Open $573.50
79583 12/16/2021 Open $173.85
79584 12/16/2021 Open $28.50
79585 12/16/2021 Open $7,000.00
79586 12/16/2021 Open $670.58
79587 12/16/2021 Open $6,526.26
79588 12/16/2021 Open $5,532.77
79589 12/16/2021 Open $4,844.35
79590 12/16/2021 Open $600.00
79591 12/16/2021 Open $1,617.44
79592 12/16/2021 Open $2,309.02
79593 12/16/2021 Open $3,280.76
79594 12/16/2021 Open $5,028.20
79595 12/16/2021 Open $18,270.00
79596 12/16/2021 Open $900.00 Accounts Payable Meyers Police K-9 Training, LLC Accounts Payable Mark Thomas & Company Inc
Accounts Payable Mark Thomas & Company Inc
Accounts Payable Mennonite Disaster Service
Accounts Payable Mark Thomas & Company Inc
Accounts Payable Mark Thomas & Company Inc
Accounts Payable Mark Thomas & Company Inc
Accounts Payable Mark Thomas & Company Inc
Accounts Payable Mark Thomas & Company Inc
Accounts Payable Mark Thomas & Company Inc
Accounts Payable LOCATE PLUS CORPORATION
Accounts Payable MANN, URRUTIA, NELSON, CAS & ASSOC, LLP Accounts Payable Mark Thomas & Company Inc
Accounts Payable KP Research Services, Inc.
Accounts Payable L.N. CURTIS & SONS
Accounts Payable LES SCHWAB TIRE CENTER - MOTORPOOL
Accounts Payable JOHNNY ON THE SPOT PORTABLES
Accounts Payable KNIFE RIVER CONSTRUCTION
Accounts Payable KOEFRAN INDUSTRIES
Accounts Payable J.J.R. Enterprises Inc
Accounts Payable James or Lavenia Riotto
Accounts Payable Jennifer Arbuckle
Accounts Payable Hulls Nor Cal Window & Door, Inc.
Accounts Payable I.M.P.A.C. PAYMENTS IMPAC GOV SVCS/US BANCORP Accounts Payable INDUSTRIAL POWER PRODUCTS
Accounts Payable Herc Rentals Inc.
Accounts Payable HLP, INC / CHAMELEON SOFTWARE PRODUCTS Accounts Payable Hope Crisis Response Network, Inc
Accounts Payable Granicher Appraisals, Inc
Accounts Payable Granicher Appraisals, Inc
Accounts Payable GREEN RIDGE LANDSCAPING
Accounts Payable Entersect
Accounts Payable Ernst & Young US LLP
Accounts Payable FEDERAL EXPRESS
Accounts Payable DURHAM PENTZ TRUCK CENTER
Accounts Payable Elegant Renovations Inc.
Accounts Payable ENLOE MEDICAL CENTER, INC.
Accounts Payable DOBRICH & SONS SEPTIC
Accounts Payable Door Company Inc, The
Accounts Payable Downtown Ford Sales
Accounts Payable COPWARE, INC.
Accounts Payable CRAIG DREBERTS AUTOMOTIVE
Accounts Payable Creative Composition Inc
Accounts Payable COMCAST CABLE
Accounts Payable Constant Associates
Accounts Payable COOK, DEBBIE
Accounts Payable COMCAST CABLE
27 Number Date Status Void Reason
Reconciled/
Voided Date
Transaction
Amount
Reconciled
Amount Difference
TOWN OF PARADISE
Payment Register
From Payment Date: 12/1/2021 - To Payment Date: 12/31/2021 Source Payee Name
AP - US Bank TOP AP Checking
Check
79597 12/16/2021 Open $240.39
79598 12/16/2021 Open $4,199.00
79599 12/16/2021 Open $477.07
79600 12/16/2021 Open $11,083.95
79601 12/16/2021 Open $1,487.91
79602 12/16/2021 Open $62,921.65
79603 12/16/2021 Open $510.00
79604 12/16/2021 Open $150.00
79605 12/16/2021 Open $2,014.70
79606 12/16/2021 Open $226.79
79607 12/16/2021 Open $169.96
79608 12/16/2021 Open $662.50
79609 12/16/2021 Open $1,524.56
79610 12/16/2021 Open $95.45
79611 12/16/2021 Open $1,707.66
79612 12/16/2021 Open $178.00
79613 12/16/2021 Open $50.00
79614 12/16/2021 Open $8,400.00
79615 12/16/2021 Open $3,500.00
79616 12/16/2021 Open $15,000.00
79617 12/16/2021 Open $30,000.00
79618 12/16/2021 Open $6,770.09
79619 12/16/2021 Open $30,329.41
79620 12/16/2021 Open $22.50
79621 12/16/2021 Open $1,450.30
79622 12/16/2021 Open $234.06
79623 12/16/2021 Open $374.80
79624 12/16/2021 Open $181.31
79625 12/16/2021 Open $288.00
79626 12/16/2021 Open $1,139.01
79627 12/16/2021 Open $694.49
79628 12/16/2021 Open $345.38
79629 12/16/2021 Open $576.66
79630 12/16/2021 Open $5,458.00
79631 12/16/2021 Open $80.44
79632 12/16/2021 Open $3,747.62
79633 12/16/2021 Open $153.64
79634 12/16/2021 Open $35,263.72
79635 12/16/2021 Open $274.56
79636 12/21/2021 Open $31,029.18
79637 12/27/2021 Open $1,200.00
79638 12/27/2021 Open $194.76
79639 12/29/2021 Open $92,486.94
79640 12/29/2021 Open $130.59
79641 12/29/2021 Open $23.57
79642 12/29/2021 Open $17,573.50
79643 12/29/2021 Open $1,051.52
AIRGAS SAFETY, INC.
Accounts Payable WURTH USA INC.
Accounts Payable Bidwell Truck & Auto
Accounts Payable
Alvies, Sheris
Aristotle Custom Homes
AT&T & CALNET3 - CIRCUIT LINES
ICMA 457 - VANTAGEPOINT
Accounts Payable STATE DISBURSEMENT UNIT
Accounts Payable 4LEAF, Inc
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable WITTMEIER AUTO CENTER
Accounts Payable Wood Rodgers, Inc.
Accounts Payable Wood Rodgers, Inc.
Accounts Payable VERIZON WIRELESS
Accounts Payable White Glove Cleaning Svc Inc, Theresa Contreras Accounts Payable WILSON PRINTING
Accounts Payable
Accounts Payable VERIZON WIRELESS
Accounts Payable THOMAS ACE HARDWARE - MOTORPOOL
Accounts Payable Tri Flame Propane
Accounts Payable VALLEY TOXICOLOGY SERVICE
VERIZON WIRELESS
Accounts Payable VERIZON WIRELESS
Accounts Payable Tahoe Pure Water Co.
Accounts Payable THOMAS ACE HARDWARE - ENG. DEPT.
Accounts Payable THOMAS ACE HARDWARE - FIRE DEPT.
Accounts Payable Sky Ridge Builders
Accounts Payable Spherion Staffing
Accounts Payable Stratti
Accounts Payable Sky Ridge Builders
Accounts Payable Sky Ridge Builders
Accounts Payable Sky Ridge Builders
Accounts Payable Riebes Auto Parts-Motorpool
Accounts Payable SACRAMENTO REGIONAL PUBLIC SAFETY TRAINING CTR.
Accounts Payable Sigler Pest Control
Accounts Payable Powell Roofing Co
Accounts Payable R B SPENCER INC
Accounts Payable RENTAL GUYS - CHICO
Accounts Payable PACIFIC GAS & ELECTRIC
Accounts Payable PARADISE POST
Accounts Payable PETERSON TRACTOR CO
Accounts Payable OROVILLE FORD
Accounts Payable Oroville Tow & Salvage
Accounts Payable Pacific Credit Services (PCS)
Accounts Payable North State Tire Co. Inc.
Accounts Payable NORTHGATE PETROLEUM CO
Accounts Payable O'REILLY AUTO PARTS
Accounts Payable Mt Shasta Spring Water Co., Inc
Accounts Payable MUNICIPAL CODE CORP
28 Number Date Status Void Reason
Reconciled/
Voided Date
Transaction
Amount
Reconciled
Amount Difference
TOWN OF PARADISE
Payment Register
From Payment Date: 12/1/2021 - To Payment Date: 12/31/2021 Source Payee Name
AP - US Bank TOP AP Checking
Check
79644 12/29/2021 Open $109.95
79645 12/29/2021 Open $89.46
79646 12/29/2021 Open $210.49
79647 12/29/2021 Open $22.91
79648 12/29/2021 Open $4,900.42
79649 12/29/2021 Open $1,115.54
79650 12/29/2021 Open $840.45
79651 12/29/2021 Open $174.97
79652 12/29/2021 Open $160.00
79653 12/29/2021 Open $4,000.00
79654 12/29/2021 Open $60,066.18
79655 12/29/2021 Open $389.78
79656 12/29/2021 Open $926,797.85
79657 12/29/2021 Open $26,380.22
79658 12/29/2021 Open $4,787.42
79659 12/29/2021 Open $25,885.42
79660 12/29/2021 Open $1,157.20
79661 12/29/2021 Open $14,575.96
79662 12/29/2021 Open $95,306.12
79663 12/29/2021 Open $1,560.67
79664 12/29/2021 Open $5,656.45
79665 12/29/2021 Open $2,029.36
79666 12/29/2021 Open $224.24
79667 12/29/2021 Open $44.41
79668 12/29/2021 Open $135.00
79669 12/29/2021 Open $362.51
79670 12/29/2021 Open $129.31
79671 12/29/2021 Open $1,630.00
79672 12/29/2021 Open $46,825.39
79673 12/29/2021 Open $1,870.03
79674 12/29/2021 Open $21,735.42
79675 12/29/2021 Open $1,922.50
79676 12/29/2021 Open $827.14
79677 12/29/2021 Open $456.59
79678 12/29/2021 Open $197.90
79679 12/29/2021 Open $971.63
79680 12/29/2021 Open $770.18
79681 12/29/2021 Open $475.93
79682 12/29/2021 Open $749.00
79683 12/29/2021 Open $39.99
79684 12/29/2021 Open $3,271.73
79685 12/29/2021 Open $290.75
79686 12/29/2021 Open $1,236.80
79687 12/29/2021 Open $9,397.74
79688 12/29/2021 Open $4,450.00
79689 12/29/2021 Open $263.39
79690 12/29/2021 Open $240.71 Accounts Payable Riebes Auto Parts-Public Works Accounts Payable O'REILLY AUTO PARTS
Accounts Payable OFFICE DEPOT ACCT#36233169
Accounts Payable PACIFIC GAS & ELECTRIC
Accounts Payable Peters, Habib, McKenna, Juhl-Rhodes & Cardoza, LLP Accounts Payable Riebes Auto Parts-Motorpool
Accounts Payable Merck Animal Health
Accounts Payable MOBILE MINI INC
Accounts Payable MUNICIPAL CODE CORP
Accounts Payable MUNIMETRIX SYSTEMS CORP
Accounts Payable North State Tire Co. Inc.
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable JOHNNY ON THE SPOT PORTABLES
Accounts Payable L.N. CURTIS & SONS
Accounts Payable
Accounts Payable EVERGREEN JANITORIAL SUPPLY, INC.
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable HDR Engineering, Inc
AT&T & CALNET3 - CIRCUIT LINES
Accounts Payable AT&T MOBILITY
Dewberry Engineers Inc.
Accounts Payable Dokken Engineering, Inc.
Accounts Payable Dokken Engineering, Inc.
Accounts Payable
Hope Crisis Response Network, Inc
Hope Crisis Response Network, Inc
INTERSTATE SALES
INTERSTATE OIL COMPANY
FP/FRANCOTYP-POSTALIA MAILING SOLUTIONS
Free Style Embroidery
Guardian Public Safety Background Investigations
HINDERLITER, DE LLAMAS & ASSOCIATES INC.
GREAT AMERICA LEASING CORP.
ESPLANADE OFFICE
FLORES TOOL & FASTENER
Downtown Ford Sales
DURHAM PENTZ TRUCK CENTER
Accounts Payable
Accounts Payable
Accounts Payable
Axon Enterprise Inc
Bear, Jedidiah E
Accounts Payable
Accounts Payable
Dokken Engineering, Inc.
ENVIROTECH SERVICES, INC.
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Big O Tires
Accounts Payable Broad & Gusman
Dokken Engineering, Inc.
AT&T/CALNET3 - COMMUNITY PARK
AT&T/CALNET3 - Summary
AT&T/CALNET3 - TH/FDPD FIBER LINES
DEPARTMENT OF FORESTRY & FIRE PROTECTION
Cole Huber LLP
COMCAST CABLE
Accounts Payable
Accounts Payable AT&T/CALNET3 - REPEATER LINES
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
29 Number Date Status Void Reason
Reconciled/
Voided Date
Transaction
Amount
Reconciled
Amount Difference
TOWN OF PARADISE
Payment Register
From Payment Date: 12/1/2021 - To Payment Date: 12/31/2021 Source Payee Name
AP - US Bank TOP AP Checking
Check
79691 12/29/2021 Open $593.44
79692 12/29/2021 Open $80.00
79693 12/29/2021 Open $278.83
79694 12/29/2021 Open $9,450.43
79695 12/29/2021 Open $67.50
79696 12/29/2021 Open $26,681.25
79697 12/29/2021 Open $1,791.96
79698 12/29/2021 Open $25.72
79699 12/29/2021 Open $79.47
79700 12/29/2021 Open $150.04
79701 12/29/2021 Open $1,680.00
79702 12/29/2021 Open $351.18
79703 12/29/2021 Open $90.00
79704 12/29/2021 Open $28,750.97
79705 12/29/2021 Open $30.00
79706 12/29/2021 Open $24,753.10
79707 12/29/2021 Open $17,006.57
79708 12/29/2021 Open $2,256.66
$3,032,872.48
1229 12/02/2021 Open $112,462.36
1230 12/06/2021 Open $103.22
1231 12/09/2021 Open $9,349.68
1232 12/09/2021 Open $31,973.70
1233 12/14/2021 Open $43,592.40
1234 12/14/2021 Open $7,435.00
1235 12/21/2021 Open $8,662.68
1236 12/21/2021 Open $30,395.12
1237 12/27/2021 Open $44,098.63
1238 12/27/2021 Open $7,585.00
$295,657.79
Checks Status Count
Open 253
Reconciled 0
Voided 0
Stopped 0
Total 253
EFTs Status Count
Open 10
Reconciled 0
Voided 0
Total 10
All Status Count
$295,657.79 $0.00
$0.00 $0.00
$0.00 $0.00
$295,657.79 $0.00
Transaction Amount Reconciled Amount
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$3,032,872.48 $0.00
Transaction Amount Reconciled Amount
Accounts Payable ING LIFE INS & ANNUITY COMPANY
Type EFT Totals: 10 Transactions
AP - US Bank TOP AP Checking Totals
Transaction Amount Reconciled Amount
$3,032,872.48 $0.00
Accounts Payable CALPERS - RETIREMENT
Accounts Payable ING LIFE INS & ANNUITY COMPANY
Accounts Payable EMPLOYMENT DEVELOPMENT DEPARTMENT
Accounts Payable INTERNAL REVENUE SERVICE
Accounts Payable CALPERS - RETIREMENT
EFT
Accounts Payable CALPERS
Accounts Payable STATE BOARD OF EQUALIZATION
Accounts Payable EMPLOYMENT DEVELOPMENT DEPARTMENT
Accounts Payable INTERNAL REVENUE SERVICE
Accounts Payable VistaNet Inc.
Accounts Payable Wood Rodgers, Inc.
Accounts Payable Wood Rodgers, Inc.
Accounts Payable Wood Rodgers, Inc.
Type Check Totals: 253 Transactions
Accounts Payable THOMAS ACE HARDWARE - POLICE DEPT.
Accounts Payable Training Alliance for Public Safety, Inc.
Accounts Payable Tri Flame Propane
Accounts Payable TUCKER PEST CONTROL INC
Accounts Payable Urban Planning Partners Inc
Accounts Payable Tahoe Pure Water Co.
Accounts Payable Tetra Tech - EMI
Accounts Payable THOMAS ACE HARDWARE - ENG. DEPT.
Accounts Payable THOMAS ACE HARDWARE - FIRE DEPT.
Accounts Payable THOMAS ACE HARDWARE - MOTORPOOL
Accounts Payable Scotts PPE Recon Inc.
Accounts Payable Shelby's Pest Control, Inc.
Accounts Payable SKYWAY TOOL CENTER
Accounts Payable Spherion Staffing
30 Number Date Status Void Reason
Reconciled/
Voided Date
Transaction
Amount
Reconciled
Amount Difference
TOWN OF PARADISE
Payment Register
From Payment Date: 12/1/2021 - To Payment Date: 12/31/2021 Source Payee Name
AP - US Bank TOP AP Checking
Check
Open 263
Reconciled 0
Voided 0
Stopped 0
Total 263 $3,328,530.27
$3,328,530.27 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00
31 Town of Paradise
Council Agenda Summary
Date: January 11, 2022
Agenda Item: 2(c)
ORIGINATED BY: Kevin Phillips, Town Manager
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Ratifying agreement for the Town of Paradise to accept the California Resilience Challenge 2021 Grant to
create an action plan for improved resilience to wildfire and to deliver a comprehensive structure for
community-based mitigation and insurance.
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
Staff recommends that the Council ratify the agreement for the Town of Paradise to accept the California Resilience Challenge 2021 Grant.
Background:
After the 2018 Camp Fire, the cost of insurance has risen dramatically on the Ridge.
With NHA Advisors, the Town applied for the California Resilience Challenge 2021 Grant to study and create an action plan for improved resilience to wildfire and climate risk by rebuilding as a model for fire safety, implementing community-scale mitigation, improving access to property insurance, and closing the protection gap through communitybased insurance.
Project activities, with the award of this grant, will be comprised of the following elements:
• Advanced modeling and science on wildfire risk, home hardening and mitigation • Climate change scenario testing for future-proofing the plan • Actuarial approach to homeowner's insurance ratemaking and mitigation discounts
• Insurance company practices in California's WUI
• The regulatory framework of the California Department of Insurance ("CDI") • Reinsurance, parametric insurance and other community-based insurance options • Local fire hazard issues and efforts underway
• Long term funding of wildfire risk mitigation at the local, regional and State levels • Development and implementation of a Community Resilience Plan 32 Analysis:
Staff recommends that the Council ratify the agreement for the Town of Paradise to accept the California Resilience Challenge 2021 Grant which will be used to create an action plan for improved resilience to wildfire on the Ridge through community-based mitigation and improve the community’s access to property insurance.
Financial Impact:
There is no fiscal impact to the Town.
Attachments:
Signed agreement.
33 34
35 36
37 38
39 TOWN OF PARADISE
Council Agenda Summary
January 11, 2022
AGENDA NO. 2(d)
ORIGINATED BY: Kate Anderson, Housing Program Manager
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Amendment to the HOME, CDBG and CalHome First-Time Homebuyer Program Guidelines
___________________________________________________________________ COUNCIL ACTION REQUESTED: Adopt Resolution No. 2022 - ___ “A
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE AMENDING THE HOME and CDBG HOMEBUYER ACQUISITION ONLY/ACQUISITION WITH
REHABILTATION PROGRAMS GUIDELINES PREVIOUSLY ADOPTED BY RESOLUTION 17-44 and the CALHOME SPONSORED FIRST-TIME HOMBUYER MORTGAGE ASSISTANCE PROGRAM GUIDELINES”.
BACKGROUND: Since 1995, through various grant sources, the Town of Paradise has provided financial assistance in the form of down-payment assistance to low-income residents. The Town recently teamed up with local self-help housing organizations to provide down-payment assistance to their applicants in order to utilize our funds and further stretch the resources of those organizations.
DISCUSSION: The existing 2% contribution is a local rule set by Council a number of years ago so that buyers had a vested interest in the property that they purchase. This contribution is a local decision and not required by any of the grantors. Applicants to the self-help programs are typically household who cannot afford to buy their own homes.
Since the applicants for self-help programs must contribute a number of hours weekly to build not only their home but the homes of other applicants, they have much more invested than money.
RECOMMENDATION: Staff recommends that Council adopt the resolution approving the amendment to our housing program guidelines that allows for hours-worked to be considered as the 2% contribution.
FISCAL IMPACT: The changes to these guidelines do not precipitate any action or conditions that will cause any additional impact to the Town. If these guidelines are approved, the Town can assist a number of households participating in these local selfhelp programs. 40 TOWN OF PARADISE
RESOLUTION NO. 2022 - ___
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE AMENDING THE HOME and CDBG HOMEBUYER ACQUISITION ONLY/ACQUISITION
WITH REHABILTATION PROGRAMS GUIDELINES PREVIOUSLY ADOPTED BY RESOLUTION 17-44 and the CALHOME SPONSORED FIRST-TIME HOMBUYER
MORTGAGE ASSISTANCE PROGRAM GUIDELINES
WHEREAS, the Paradise Town Council adopted Resolution 17-44, “A Resolution of the Town Council of the Town of Paradise Amending the HOME Owner-Occupied Housing Rehabilitation Program Guidelines previously adopted by resolution 15-49, the HOME First-Time Homebuyer Program Guidelines previously adopted by resolution 09-21 and the HOME Tenant-Based Rental Assistance Program Guidelines previously adopted by resolution 16-25” dated October 10, 2017; and
WHEREAS, the Town Council now desires to adopt the amendment to each of the HOME, CDBG and Cal-Home guidelines.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF PARADISE DOES HEREBY RESOLVE AS FOLLOWS:
1. The Town Council hereby amends the HOME and CDBG Homebuyer Acquisition/Acquisition with Rehabilitation Program Guidelines dated January 4, 2022, as shown in the attached as Exhibit A.
2. The Town Council hereby amends the CalHome Sponsored First-Time Homebuyer Mortgage Assistance Program Guidelines dated January 4, 2022, as shown in the attached as Exhibit B.
3. This resolution is effective immediately upon adoption.
PASSED AND ADOPTED by the Town Council of the Town of Paradise this 11 th day of
January 2022 by the following vote:
AYES:
NOES:
ABSENT:
NOT VOTING:
____________________
Steve Crowder, Mayor
ATTEST: APPROVED AS TO LEGAL FORM:
_____________________________ _____________________________ Dina Volenski, CMC, Town Clerk Scott E. Huber, Town Attorney 41 42
43 44
45 46
47 48
49 50
51 52
53 54
55 56
57 58
59 60
61 62
63 64
65 66
67 68
69 70
71 72
73 74
75 76
77 78
79 80
81 82
83 84
85 86
87 88
89 90
91 92
93 1
TOWN OF PARADISE
CalHome Sponsored
First-Time Homebuyer Mortgage Assistance Program (1/4/2022)
PROGRAM GUIDELINES
CalHome Program The Town of Paradise has an allocation of State CalHome funds available for mortgage assistance to qualified borrowers. This funding is administered in accordance with Guidelines adopted by the State Department of Housing and Community Development (HCD). CalHome financing is “gap” financing, that is, the difference between the typical mortgage low-income households can pay, plus their down payment, subtracted from the cost of a modest home. The subsidy amount will be the gap, plus non-recurring closing costs. Funds are provided to qualified households in the form of a 30-year, deferred-payment mortgage. The CalHome First-Time Homebuyer Mortgage Assistance loan helps buyers purchase homes by providing financial assistance to reduce the amount of the first mortgage.
Application Process/Selection Applicant(s) work with Town-certified lenders of choice to obtain the primary lender’s pre-qualification. Applicant(s) then work with a certified real estate agent to select a home and enters into a purchase contract, continent upon receiving Town program loan approval. Lender provides Town with a copy of loan packet. Town will review the packet for compliance with program guidelines and submit the package and recommendation to the Town Manager for approval. The Town provides the applicant with a decision letter. Eligible buyers will be qualified on a first-come, first-served basis.
Eligible Homebuyer(s) The applicant(s) must be a first-time homebuyer(s), which means a borrow(s) who has not owned a home during the three-year period before the purchase of a home with CalHome assistance. In addition, the homebuyer(s) must meet the income eligibility requirements.
Displaced Homemaker The CalHome Section 7716(m) contains a provision for displaced homemakers, single parents, and individuals who have owned a housing unit not permanently affixed to a foundation or a severely dilapidated housing unit to be considered eligible for the program.
Household Size Any person whose primary residence will be the housing unit being purchased is considered a member of the household. You may not count, as part of your household, foster children, unborn children and children not living in the home. Children with two residences may only be counted if the child lives with the qualified applicant 50% of the time.
Household Income The CalHome borrower household must have a gross annual income not exceeding 80% of county median income for the size of the household. For program eligibility, the total annual income includes income of all adult members of the household 18 years of age or older. Income also includes income from assets over $5,000 calculated at 2.5% of the value of the asset. Borrower must be income qualified not more than 180 days prior to the closing of their loan.
Homebuyer Costs Eligible households must document that they have the funds necessary for their amount of the down payment and closing costs as required by the primary lender and/or the Town of Paradise. The Town of Paradise requires the homebuyer to contribute a minimum of 2% of sales price of home as a down payment. These funds can be gifted from a relative and are NOT in addition to any first lender minimum down payment requirements. If the household is participating in a self-help build, their hours-worked can satisfy the 2% contribution.
94 2
Credit Worthiness Qualifying ratios are a guideline in determining a potential borrower’s credit worthiness.
Many factors such as credit history, amount of down payment and size of loan will influence the decision to approve or disapprove a particular loan. Prior bankruptcies and/or foreclosures will be taken into consideration and a determination will be made based on the circumstances.
Homebuyer Education The CalHome homebuyer must attend a Town of Paradise-approved homebuyer education class. The class will cover such topics as: preparing for homeownership, available financing, credit analysis, loan closing, homeownership responsibilities, home maintenance, and loan servicing.
Housing Unit Eligibility Housing units eligible for the program must be located within Paradise town limits and be in compliance with State and local codes and ordinances. Said units include new or previously-owned single-family detached houses, condominiums, townhouses, units in residential loft structures or manufactured homes in a common-interest development or on a single-family lot and placed on a permanent foundation system.
Housing Debt Ratio Monthly housing costs (front-end ratio) shall be between 28% and 35% of the borrower’s gross monthly income. Total debt costs (back-end ratio) shall not exceed 45% of the borrower’s gross monthly income. Compensating factors (with pre-approval by the Town) might allow for variances in these ratios.
Maximum Sales Price The maximum allowable sales price of the assisted unit cannot exceed the current median sales price of a single-family home in Butte County.
Maximum Loan Amount $40,000.00
Term 30-year, deferred-payment mortgage as long as the residence continues to be owneroccupied; the entire loan is due and payable when the home is no longer occupied by borrower.
Interest Rate 3% simple interest for 10 years; after 20 years of continuous owner-occupancy of property, the interest (only) is forgiven
Primary Loan Borrower shall obtain the maximum first lien mortgage loan with a term and interest rate from an institutional mortgage lender consistent with affordable housing costs outlined above. The term of the loan shall be fully amortized in a minimum of 30 years.
Mortgage loans shall not include provisions for negative amortization, principal increases, balloon payments, or deferred interest. The first mortgage lender is required to collect and manage impound account for payment of taxes, assessments and hazard insurance according to the lender’s requirements. All subordinate financing provided shall defer principal and interest payment for the term of the CalHome Program loan.
Subordination The Town of Paradise will only subordinate to a first trust deed loan if the primary loan has a fixed interest rate, is fully amortized, and is provided by an institutional lender when the interest and/or term are reduced, to pay-off documented and verified medical costs, or to pay-off documented and verified capital improvements on the subject property. Neither debt consolidation nor cash-out is permitted.
Max CLTV The loan-to-value ratio for the CalHome Program loan, when combined with all other indebtedness to be secured by the property, shall not exceed one hundred percent (100%) of the property value at the time the loan is made.
Loan Repayment Loans shall be repayable upon sale or transfer of the property, when the property ceases to be owner-occupied, or upon the CalHome program loan maturity date.
Program loans are not assumable. However, in some limited circumstances, the original loan might be transferrable. Borrower may begin making voluntary payment to the Town at any time.
95 Town of Paradise
Council Agenda Summary
Date: January 11, 2022
Agenda Item: 2(e)
ORIGINATED BY: Eric Reinbold, Chief of Police
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Declaration of Certain Town Equipment from the Police and Fire Department to be Surplus and Obsolete
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Declare the attached described equipment as surplus property; and
2. Adopt Resolution No. 22-__, declaring certain Town Equipment to be surplus and obsolete and authorizing disposal through sale or donation by the Town Manager or his designee.
Background:
Over time, vehicles and equipment are purchased, used, become obsolete and are replaced. The vehicles and equipment listed below may be declared as unusable or outdated as it is no longer economical or effective to be use for Town purposes. The vehicles range in age from fourteen to twenty-three model-years old and need repair which would cost more than the estimated value of the vehicles. The equipment below is malfunctioning and not economical to repair. It is recommended these vehicles and equipment be disposed of as surplus property through sale or donation. Prior to sale or donation, any reusable, aftermarket, or emergency equipment with remaining useful life, as well as license plates and Town of Paradise or Paradise Police graphics shall be removed from the vehicles. The white doors of “black and white” Police vehicles shall be spray painted black as required by California Vehicle Code section 27604.
In addition, to streamline fire department equipment needs it has been identified that Squad 81 is no longer needed to meet the mission of the fire department, therefore is also recommended for surplus
Analysis:
POLICE VEHICLES AND EQUIPMENT:
1. 1999 Ford Crown Victoria, VIN 2FAFP74W5XX156131, identified as Town of Paradise vehicle PD22, with approximately 91,028 miles, and any upfit equipment attached that has reached the end of its useful life, with the exception of any emergency equipment that is unlawful to be used by the public. 96 2. 2007 Ford Crown Victoria Police Interceptor, VIN 2FAFP71W97X153303, identified as Town of Paradise vehicle PD17, with approximately 108,732 miles, and any upfit equipment attached that has reached the end of its useful life, with the exception of any emergency equipment that is unlawful to be used by the public.
3. 2008 Ford Crown Victoria Police Interceptor, VIN 2FAFP71V98X114834, identified as Town of Paradise vehicle PD23, with approximately 128,551 miles, and any upfit equipment attached that has reached the end of its useful life, with the exception of any emergency equipment that is unlawful to be used by the public.
4. HP LaserJet1320n printer, S/N CNRC67D6S9 that has reached the end of its useful life.
FIRE VEHICLES AND EQUIPMENT:
1. 2007 Ford F-550, VIN 1FDAW57R38EA43889, identified as Town of Paradise vehicle Squad 81, with approximately 11,506 miles.
Financial Impact:
The disposal of these items will have no negative impact on the General Fund. While they have reached the end of their useful life for the Town of Paradise, they may be found useful to other people or organizations, potentially generating a minimal amount of revenue when sold to the public.
Proceeds for the sale of Squad 81 will be placed in a reserved Fire Engine Equipment Replacement Fund.
97 TOWN OF PARADISE
RESOLUTION NO. 22-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE DECLARING
CERTAIN TOWN PROPERTY TO BE SURPLUS AND AUTHORIZING DISPOSAL
THEREOF
WHEREAS, the Town of Paradise wishes to dispose of certain equipment from the Police Department through public auction, internet sale, salvage or other legal method that is no longer functional or necessary to the Town’s operations.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PARADISE AS FOLLOWS:
Section 1. The following equipment is declared to be surplus:
1. 1999 Ford Crown Victoria, VIN 2FAFP74W5XX156131, identified as Town of Paradise vehicle PD22, with approximately 91,028 miles, and any upfit equipment attached that has reached the end of its useful life, with the exception of any emergency equipment that is unlawful to be used by the public.
2. 2007 Ford Crown Victoria Police Interceptor, VIN 2FAFP71W97X153303, identified as Town of Paradise vehicle PD17, with approximately 108,732 miles, and any upfit equipment attached that has reached the end of its useful life, with the exception of any emergency equipment that is unlawful to be used by the public.
3. 2008 Ford Crown Victoria Police Interceptor, VIN 2FAFP71V98X114834, identified as Town of Paradise vehicle PD23, with approximately 128,551 miles, and any upfit equipment attached that has reached the end of its useful life, with the exception of any emergency equipment that is unlawful to be used by the public.
4. HP LaserJet1320n printer, S/N CNRC67D6S9 that has reached the end of its useful life.
5. 2007 Ford F-550, VIN 1FDAW57R38EA43889, identified as Town of Paradise vehicle Squad 81, with approximately 11,506 miles.
Section 2. Pursuant to Paradise Municipal Code Section 2.45.130, the Town Manager is hereby authorized to dispose of the property set forth in Section 1 through public auction, internet, sale, salvage, donation or other legal method.
PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 11 th
day of January, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By: ________________________________
Steve Crowder, Mayor
ATTEST: APPROVED AS TO FORM:
Dina Volenski, CMC, Town Clerk Scott E. Huber, Town Attorney 98 Town of Paradise
Council Agenda Summary
Date: January 11, 2022
Agenda Item: 5(a)
ORIGINATED BY: Kate Anderson, Housing Program Manager
REVIEWED BY: [Kevin Phillips, Town Manager
SUBJECT: Public Hearing – 2020-2021 Consolidated Annual Performance and Evaluation Report for the Community
Development Block Grant Program
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Conduct a second public hearing to receive comment on the Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG) Program
2. Authorize the Town Manager to submit the CAPER to the Department of Housing and Urban Development
Background:
At the conclusion of each program year, the regulations that govern the Community Development Block Grant (CDBG) Program require the preparation of the Consolidated Annual Performance and Evaluation Report (CAPER). The CAPER outlines CDBG program accomplishments and expenditures, as well as providing an evaluation of the town’s progress toward meeting its community development goals and objectives.
Analysis:
For the 2020-2021 Program year, the Town of Paradise was allocated $169,714 for programs and projects that directly benefit the town’s low and moderate-income residents. Since housing has been the greatest need since the Camp Fire, funding priorities for this program year included:
Increase Affordable Homeowner Opportunity
However, due to our disaster and COVID, our Consolidated Plan for 2020-2024, which includes the Annual Action Plan for 2020-2021, was not approved until this year so funds for 2020-2021 were not available to spend. Instead, the Town accomplished several CDBG activities using program income funds and prior annual allocations. The Town focused on correctly accounting for its program income and five owner-occupied rehabilitation loans made out of program income funds. Additionally, the Town draw down funds previously expended from 2018 to 2020 for which the Town had not been reimbursed. Lastly, the Town assisted one household during 2020-2021 with housing repairs.
A copy of the draft CAPER is attached for your review and approval. Any comments received during the hearing will be incorporated into the final document prior to its submittal to HUD regional office.
99 Financial Impact:
The completion of the report does not require an additional expenditure. Staff time is covered by Community Development Block Grant Program funds. General Fund expenditure is not required.
However, failure to complete the report could jeopardize future CDBG funding. 100
CAPER 1
OMB Control No: 2506-0117 (exp. 09/30/2021)
Town of Paradise
Draft 2020-2021 Consolidated Annual Performance
and Evaluation Report (CAPER)
for the Community Development Block Grant
(CDBG) Program
Public Review Copy
101
CAPER 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.
The Town's goals for the 2020-2021 Annual Action Plan was to acquire land for low-income housing, as well as to perform program administration. Due to our disaster in 2018 and the HUD COVID waiver, the Town of Paradise's 2020-2024 Consolicated Plan was delayed by a year. The Town of Paradise did not have access to their 2020-2021 CDBG Annual Allocation until year 2021-2022.The only CDBG activity during 2020-2021 was associated with program income and prior annual allocations. Therefore, our accomplishments do not match with the goals of the 2020-2021 Annual Action Plan.
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
Goal Category Source /
Amount
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
1A Expand &
Improve Public
Infrastructure
Non-Housing
Community
Development
CDBG:
$150,000.00
Public Facility or
Infrastructure
Activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
5000 0
0.00%
0 0
0.00%
102
CAPER 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
2A Provide
Public Services
for LMI &
Special Needs
Non-Housing
Community
Development
CDBG:
$150,000.00
Public service
activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
100 0
0.00%
0 0
0.00%
3A Increase
Affordable
Housing
Opportunity
Affordable
Housing
CDBG:
$199,285.00
Homeowner
Housing Added
Household
Housing
Unit
25 0
0.00%
5 0
0.00%
3A Increase
Affordable
Housing
Opportunity
Affordable
Housing
CDBG:
$199,285.00
Direct Financial
Assistance to
Homebuyers
Households
Assisted
25 0
0.00%
0 0
0.00%
4A Provide for
Small Business
Assistance
Non-Housing
Community
Development
CDBG:
$150,000.00
Businesses
assisted
Businesses
Assisted
20 0
0.00%
0 0
0.00%
5A Planning and
general
administration
Non-Housing
Community
Development
CDBG:
$150,000.00 Other Other 0 0 0.00% 1 0
0.00%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.
During 2020-2021, the Town of Paradise focused on correctly accounting for it's program income, five owner-occupied rehabilitation loans made out of its program income, and activity delivery taken on its program income. In addition, the Town drew down CDBG funds that were expended prior to our 2018 disaster through December 30, 2020 for which it had not been reimbursed. Lastly, the Town assisted one low-income 103
CAPER 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
household during 2020-2021 with housing repairs.
104
CAPER 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG
White 5
Black or African American 0
Asian 0
American Indian or American Native 0
Native Hawaiian or Other Pacific Islander 0
Total 5
Hispanic 0
Not Hispanic 5
Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative
Our population prior to our disaster was predominately white alone (92%) and non-hispanic (88%) so these families are representative of our population.
105
CAPER 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal 0 449,477
Table 3 - Resources Made Available
Narrative
Normally, the 2020 Annual Allocation ($169,714) would be the resources made available above; however, since the Town did not complete their 2020-2024 Consolidate Plan until July 2021, the 2020 Annual Allocation was not made available until 2021-2022. The amount expended during program year 2020-2021 was from prior annual allocations and program income.
Identify the geographic distribution and location of investments Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative Description
Town of Paradise 100.0% 0.00% See below
Table 4 – Identify the geographic distribution and location of investments Narrative
The target area is within the Town limits of Paradise. All funds expended during the program year 2020- 2021 were within the Town limits of Paradise. Expenditures that were incurred prior to our 2018 disaster include 2019 program administration, public services reimbursements, some code enforcement and several housing loans.
106
CAPER 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.
During this reporting period, no additional funds were leveraged and no matching requirements were satisfied. In addition, no publically-owned land/property was used to address the needs identified in the plan.
107
CAPER 8
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 5 5
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 5 6
Table 5 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 0 0
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 0 5
Number of households supported through
Acquisition of Existing Units 5 0
Total 5 5
Table 6 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
This year was particularly unusual in that our 2020-2024 Consolidated Plan which includes the 2020- 2021 Annual Action Plan was approved in 2021-2022. Therefore, the goals could not have been met.
However, we did correct/update our drawdowns, correct IDIS issues, acknowledge program income and loans made out of program income, performed code enforcement, and helped with home repairs.
Discuss how these outcomes will impact future annual action plans. 108
CAPER 9
OMB Control No: 2506-0117 (exp. 09/30/2021)
The result of the work we did during 2020-2021 has set us up well moving forward. Our 2020-2024 Consolidated Plan will provide a framework for our recovery. Correcting IDIS issues has put us on the correct path for future success.
Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.
Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 1 0
Low-income 4 0
Moderate-income 0 0
Total 5 0
Table 7 – Number of Households Served
Narrative Information
The households served were a mix of extremely low- and low-income households. 109
CAPER 10
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
Due to the disaster, we have over 300 households living in RVs. Throughout 2020-2021, our code enforcement and housing staff has done site visits to residents ensuring that they are living in satisfactory conditions and informing them of various long-term housing options. We connect all unsheltered homeless persons to a Disaster Case Manager for assistance.
Addressing the emergency shelter and transitional housing needs of homeless persons Indicative to many rural jurisdictions, the Town of Paradise does not have its own emergency shelter nor transitional housing, instead we rely on the County's resources. Within the County, we have an emergency shelter and transitional housing available.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs Due to our disaster, we have a very robust Disaster Case Management (DCM) system. Since the entire Town is within the footprint of the wildfire, all residents qualify for a case manager. These DCMs work with households to identify long-term housing, food programs, public assistance program, behavioral health services, etc.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The Town had few homeless persons prior to our disaster. The majority of our homeless households now are previously-housed persons trying to figure out how to rebuild a home with little to no funding.
Through State and Federal programs, we are identifying and assisting those we can and referring those 110
CAPER 11
OMB Control No: 2506-0117 (exp. 09/30/2021)
we cannot assist to County programs.
111
CAPER 12
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
All public housing in Butte County is managed by the Housing Authority of the County of Butte. No public housing is available within the Town limits of Paradise.
Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
The Town works closely with the Housing Authority of the County of Butte to promote its First-Time Homebuyer program to its public housing resident and Family Self-Sufficiency program graduates.
Actions taken to provide assistance to troubled PHAs
The Town of Paradise does not own nor manage any public housing. However, a member of the Town's housing staff has been a Commissioner to the Housing Authority for a number of years and is aware that no public housing is troubled within our County.
112
CAPER 13
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The Town of Paradise has always been and continues to be a very accessible and affordable community to build and live. We have not policies that prevent affordable housing. The only ordinances we have added over and above the California building codes is wildland urban interface (WUI) standards. Our fees are among the lowest in the state. We have no growth limitations. Our biggest barrier to affordable housing continues to be the lack of sewer. Currently, the Town of Paradise is completing a feasibility study and implementation plan for a sewer for the more densely populated areas, including many of the properties that would be suitable for multi-family developments. After the Camp Fire, new sources of funding are now available to the Town of Paradise, and we are persuing them to construct a sewer to aid our recovery.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The Town provides two housing programs for low-income households: the first to assist homeowners with repairs and reconstruction of their residence, and the second to encourage affordable home ownership. In addition, our subrecipients address underserved needs within the community.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) The Town of Paradise was primarily developed between 1950 and 1980 which was a prime period for the use of lead-based paint. However, we lost 90% of that housing stock in the 2018 Camp Fire. Of the remaining 10% of housing that survived the fire, much of that stock was new which is why they survived the wildfire because of the wildland urban interface (WUI) building standards put in place several years prior to the disaster. For those few pre-1978 homes that did survive the fire, the Town offers its OwnerOccupied Housing Rehabilitation program to address lead-paint mitigation.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) One silver lining to our disaster is the robust Disaster Case Management program that came as a result of the disaster but has been a successful program that assists our poverty-level families with a multitude of services. In addition, the Town works closely with non-profit origanizations in the area to provide programs/services to to very low-, low- and moderate-income residents, including the frail and elderly, mentally disabled, physically disabled, homeless, and at-risk youth.
Actions taken to develop institutional structure. 91.220(k); 91.320(j) 113
CAPER 14
OMB Control No: 2506-0117 (exp. 09/30/2021)
The institutional structure of the Town includes a five-member Town Council. Additionally, the Business and Housing Services staff provide the main administrative and project management duties for the CDBG entitlement. The Town works closely with non-profit organizations in the area to provide programs/services to to very low-, low- and moderate-income residents, including the frail and elderly, mentally disabled, physically disabled, homeless, and at-risk youth. The Town also focuses on collaboration with goverment agencies, community needs organizations and local businesses. Last, but not least, the Town has formed a Community Relations Committee made up of approximately 11 community members to ensure feedback from its citizens.
Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
Thanks to CDBG-DR funding, the Town is coordinating new affordable housing projects with developers.
In addition, the Town is working to develop a program to replace much of its private rental housing lost in the Camp Fire. The Town works closely with Community Housing Improvement Program (CHIP) and Habitat for Humanity of Butte County on several mutual self-help homeownership and reconstruction projects. The Town is beginning to work with the North Valley Housing Trust to pool funds for affordable housing construction.
Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) Currently, the Town of Paradise is completing a feasibility study and implementation plan for a sewer for the more densely populated areas, including many of the properties that would be suitable for multifamily developments. After the Camp Fire, new sources of funding are now available to the Town of Paradise, and we are persuing them to construct a sewer to aid our recovery. Our development fees are among the lowest in California. In addition, the Town continues to offer mastered ADU plans which have a 50% reduction in plan check fees. The Town continues to search properties to acquire for affordable housing. Through HUD's Distressed Cities Technical Assistance, the Town is working with a local nonprofit entity to provide gap financing to contractors for spec builds. 114
CAPER 15
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
The Town follows the procedures adopted in the Code of Federal Regulations, created by the Office of the Assistant Secretary of Community Planning and Development that pertain to Community Development programs are contained within Part 570 for CDBG entitlement communities.
Organizations receiving CDBG funds are required to report quarterly to the Town and also provide an end of year report which is reviewed and input into IDIS for yearly accomplishments at the close of the program year. Organizations are audited and staff performs site visits on a yearly basis. Staff will monitor the organizations to make sure that HUD regulations are being met or funding is relinquished.
At the end of each funding year, staff reviews the accomplishments of community service agencies to determine their ability to serve the low/mod residents of Paradise and meet the program requirements.
The Town also follows all applicable program requirements regarding housing projects and lead-based paint standards. Housing applicants are reviewed thoroughly by staff to ensure they have met all eligibility requirements. Site inspections are utilized to ensure that the housing, whether for purchase or rehabilitation, complies with safety and health requirements of the programs. Recipients are verified annually through utility billing verification to ensure owner occupancy of the property.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.
The Town follows its Citizen Participation Plan for all CDBG-related programs. A public notice is published in the local newspaper 15 days prior to the public hearings. The draft document is made available at Town Hall, the Town's Building Resiliency Center, the Butte County Public Library (Paradise Branch) and on the Town's website. All of these locations are known to be accessible to persons with disabilities, persons of low/moderate income, as well as citizens at large who may be intersted in participating through public commentary. Two public hearings are held for public comment and 115
CAPER 16
OMB Control No: 2506-0117 (exp. 09/30/2021)
questions of draft reports. All comments received are presented to Council for consideration of adoption.
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.
No changes have been made to the Town's program ojectives. Affordable housing remains the Town's top priority.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year. 116
Town of Paradise
Council Agenda Summary
Date: January 11, 2022
Agenda Item: 6(a)
ORIGINATED BY: Ross Gilb, Finance Director / Town Treasurer REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Report of Development Impact Fees for the Town of Paradise for Fiscal Year Ended June 30, 2021
COUNCIL ACTION REQUESTED:
1. Adopt Resolution No. 22-__, A Resolution of the Town Council of the Town of Paradise, California, Reporting Unexpended Development Impact Fees in Accordance with Government Code Section 66006
Background:
In April 1995, the Town of Paradise adopted a Development Impact Fee Program to address the cost of facilities and capital needs generated by residential and commercial new development. The purpose was to ensure that new growth paid its own way and didn’t burden existing revenue sources. In January 2001, the program and associated fees were revised and updated. The program has five basic elements:
Fire Facilities, Training and Equipment
Law Enforcement Facilities, Training and Equipment
Traffic Control Facilities
Streets and Thoroughfares
Drainage Facilities
In accordance with Section 66006 of the Government Code, the Town is required to prepare an annual report related to development impact fees. This report must contain the following information and be available to the public 15 days prior to review at a public meeting:
1. A brief description of the type of fee in the fund.
2. The amount of the fee.
3. The beginning and ending amount of each fund.
4. The amount of the fees collected and interest earned.
5. An identification of each public improvement on which fees were expended and the percent of the public improvement funded with the fees.
6. An identification of approximate dates by which the construction of the public improvements will commence if the Town determines that sufficient funds have been collected to complete the project.
7. A description of each interfund transfer or loan made from the fund (if any).
8. The amount of refunds made of fees collected (if any). 117
Discussion:
Staff has completed a resolution with attached addendum, which includes the required legal information for review and adoption. It reports on development impact fees for the fiscal year ended June 30, 2021. Staff continues to monitor each impact fee account balance and look for funding opportunities for the projects identified in the 2001 study.
Financial Impact:
There is no financial impact to the Town of preparing and presenting these development impact fee reports.
118
TOWN OF PARADISE
RESOLUTION NO. 22-___
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE, CALIFORNIA,
REPORTING UNEXPENDED DEVELOPMENT IMPACT FEES IN ACCORDANCE WITH GOVERNMENT CODE SECTION 66006
WHEREAS, Government Code section 66006 requires the Town to annually disclose to the public information concerning development impact fees it has received in connection with the approval of development projects; and
WHEREAS, pursuant to Government Code Section 66006, the Town made the information pertaining to the funds and improvements relating to development impact fees available to the public on December 22, 2021 after mailing notice thereof to any interest party who has filed a written request with the Town Clerk for such information.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PARADISE AS FOLLOWS:
Section 1. Pursuant to Government Code section 66006, the Town Council made available to the public all required information for fiscal year ended June 30, 2021 as stated in the reports attached to this Resolution.
Section 2. On January 11, 2022, after considering the available information and all written and oral evidence provided to it, the Council adopted this Resolution.
PASSED AND ADOPTED by the Town Council of the Town of Paradise this 11th day of January 2022 by the following vote:
AYES:
NOES:
ABSENT:
NOT VOTING:
__________________________
Steve Crowder, Mayor
ATTEST:
By: _________________________________
Dina Volenski, CMC, Town Clerk
APPROVED AS TO FORM:
By: ___________________________________
Scott E. Huber, Town Attorney
119
Town of Paradise
Statement of Revenues, Expenditures, and Change in Fund Balances Streets and Thoroughfares (Fund 2510)
For Fiscal Year Ended June 30, 2021
July 1, 2020 -
June 30, 2021
Beginning Balance 667,737.92
Revenues:
Impact Fees Collected: * 15,133.51
Interest and Other Earnings: 2,407.46
Total Revenues: 17,540.97
Expenditures: -
Total Expenditures: -
Ending Fund Balance 685,278.89
* Fees Calculated and Collected According to Resolution No. 01-04 Streets and Thoroughfares Impact Fees are necessary and imposed on new development in order to mitigate the impact of increased traffic on the Town's roadways. The originally adopted Management Services Institute Development Impact Fee Report indicates that street shoulder widening, street widening, road extension and connections will be necessary to keep traffic moving smoothly throughout Town as development continues. In January 2001 the schedule of development impact fees projects were updated and revised. 120
121
Town of Paradise
Statement of Revenues, Expenditures, and Change in Fund Balances Traffic Control Facilities (Fund 2520)
For Fiscal Year Ended June 30, 2021
July 1, 2020 -
June 30, 2021
Beginning Balance 77,624.24
Revenues:
Impact Fees Collected: * 1,277.21
Interest and Other Earnings: 278.16
Total Revenues: 1,555.37
Expenditures: -
Total Expenditures: -
Ending Fund Balance 79,179.61
* Fees Calculated and Collected According to Resolution No. 01-04 The Town's growth will impact the level of congestion on all of the Town's roadways which is the reason Traffic Control Facilities Impact Fees are necessary and imposed on new development. The originally adopted Management Services Institute Development Impact Fee Report further explains that construction of new signals will be needed to avoid congestion in the future. In January 2001 the schedule of development impact fees projects were updated and revised.
122
123
Town of Paradise
Statement of Revenues, Expenditures, and Change in Fund Balances Law Enforcement Facilities, Training and Equipment (Fund 2540) For Fiscal Year Ended June 30, 2021
July 1, 2020 -
June 30, 2021
Beginning Balance 22,879.56
Revenues:
Impact Fees Collected: * 2,428.00
Interest and Other Earnings: 89.22
Total Revenues: 2,517.22
Expenditures:
Two (2) police vehicles - 100%
Total Expenditures: -
Ending Fund Balance 25,396.78
* Fees Calculated and Collected According to Resolution No. 01-04 Law Enforcement Facilities Impact Fees are necessary and imposed on new development because future development will impact the Town's Police Department by requiring additional police officers and support staff, new equipment and vehicles and additional building space in order to maintain the same level of service. The originally adopted Management Services Institute Development Impact Fee Report supports this need.
Additional equipment and facilities are necessary to accommodate the increased public safety demands of development. In January 2001 the schedule of development impact fees projects were updated and revised. 124
125
Town of Paradise
Statement of Revenues, Expenditures, and Change in Fund Balances Fire Facilities, Training and Equipment (Fund 2550)
For Fiscal Year Ended June 30, 2021
July 1, 2020 -
June 30, 2021
Beginning Balance 34,784.50
Revenues:
Impact Fees Collected: * 4,345.89
Interest and Other Earnings: 137.95
Total Revenues: 4,483.84
Expenditures: -
Total Expenditures: -
Ending Fund Balance 39,268.34
* Fees Calculated and Collected According to Resolution No. 01-04 Fire Facilities Impact Fees were imposed on new development because new development increases the demand on public safety facilities and fire equipment through increased calls for services as shown in the originally adopted Management Services Institute Development Impact Fee Report. Additional equipment and facilities are necessary to accommodate the increased public safety demands of development. In January 2001 the schedule of development impact fees projects were updated and revised. 126
127
Town of Paradise
Statement of Revenues, Expenditures, and Change in Fund Balances Drainage Facilities (Fund 2551)
For Fiscal Year Ended June 30, 2021
July 1, 2020 -
June 30, 2021
Beginning Balance 760,551.22
Revenues:
Impact Fees Collected: * 8,805.12
Interest and Other Earnings: 2,712.36
Total Revenues: 11,517.48
Expenditures:
Total Expenditures: -
Ending Fund Balance 772,068.70
* Fees Calculated and Collected According to Resolution No. 01-04 The Construction of flood control and storm drainage facilities is essential to the preservation of private property, public streets, curbs and other facilities. Drainage Facilities Impact fees are necessary and imposed on new development in order to build such facilities. The originally adopted Management Services Institute Development Impact Fee Report indicates that development will require the installation of additional storm drain lines and detention basins to handle increased runoff from developing areas. In January 2001 the schedule of development impact fees projects were updated and revised. 128
129
Town of Paradise
Council Agenda Summary
Date: January 11, 2022
Agenda Item: 6(b)
ORIGINATED BY: Susan Hartman, Community Development
Director – Planning & Wastewater
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Interim Housing Urgency Ordinance Exceptions
Committee Application – 6384 Oak Way
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. (a) Concur with the recommended approval provided by Exceptions Committee Member Culleton; and,
(b) Authorize staff to accept and process a Temporary Use Permit application from the applicant; or,
2. (a) Concur with the recommended denial provided by Exceptions Committee Member Jones; and,
(b) Direct staff to not accept and process a Temporary Use Permit application and forward the code enforcement case to legal counsel for abatement; or,
3. Provide alternative direction to town staff.
Background:
At the September 14, 2021 Town Council meeting, the Interim Housing Urgency Ordinance was amended to include the formation of an “Exceptions Committee” comprised of two Town Council members to review applications for exceptions to the urgency ordinance due to extraordinary circumstances. At the November 9, 2021 Town Council meeting, the application standards and general format was reviewed and approved by Council.
In December, one (1) exception application was received for consideration by Exception Committee Members Culleton & Jones. It was:
6384 Oak Way – applicant, Jonathon Detro, and his wife lost the residence they were renting in Concow due to the Camp Fire before moving onto his parent’s fire destroyed property on Oak Way, where he grew up, since the parents had ended up purchasing a home in Oregon and relocating. On December 31, 2020, the parents added the applicant to the deed for the Oak Way property. Since June 2020, the property has been subject to code enforcement actions due to numerous code violations including multiple RVs without a Temporary Use Permit (TUP). Property was finally brought into compliance December 2021, short of having a TUP for the RV, at which time the applicant filed for an exception.
The post-fire code enforcement history for 6384 Oak Way is as follows:
Code Enforcement case opened in June 2020 for 3 RVs and trash/debris. 130
o 1
st citation issued July 2020
o 2
nd citation issued October 2020
The parents added the applicant to the deed in December 2020. The applicant applied for an RV TUP and electrical permit in January 2021 (in response to the code enforcement actions).
The RV TUP was not issued because of code violations that still existed on the property from June 2020:
o Too many RVs
o Trash/debris (appliances, tires, junk)
3
rd citation issued March 2021.
Notice of Abatement sent August 2021.
Electrical permit for power pedestal finaled August 2021. TUP Notice of Denial sent to applicant September 2021 in response to ordinance changes requiring all TUP sites to be in full compliance with the ordinance by September 30, 2021. Code Enforcement compliance inspection October 2021 – trash/appliances still needed to be removed, owner working on it.
New Notice of Abatement sent October 2021 for marijuana grow. Plants removed 2 weeks later; case closed.
Code Enforcement compliance inspection December 2021 – property finally cleaned up and in compliance other than needing a TUP for the RV. Removed from Town Attorney’s list of abatements while owner applies for Exceptions Committee consideration. Applicants allege to have a contract with Rancho Engineering for use of a mastered set of building plans which they hope to have permitted in spring 2022.
Analysis:
Review of the application materials and background information led to a split recommendation from Exceptions Committee members Culleton and Jones. Member Culleton is favorable to recommending approval if the applicant’s name is on the deed and the applicant provides evidence of the signed contract with Rancho Engineering within 30 days. Member Jones recommends denial pointing out that the site was not in compliance with the September 30th violations deadline and in fact incurred additional enforcement violations after that date (marijuana grow).
Staff reached out to Rancho Engineering and verified that the applicant does not have a contract for preparation of “The Flumes Mono Pitch Roof” mastered building plans at this site. They’ve had discussions as to the requirements, but the applicant has yet to follow through. Part of the application narrative is predicated on the notion that the applicants are close to submitting for their rebuild permit, but clearly that is not as soon as indicated if they do not have an active contract for those services.
Attached with this council agenda summary for your consideration and direction is the Exceptions Committee application and supporting documents for 6384 Oak Way. If Council agrees to approve the application and allow the applicant to secure a TUP, it will be effective for the duration of the urgency ordinance, currently April 30, 2023, subject to on-going compliance with all health and safety standards or until the rebuilt house is finaled if the construction permit is issued prior to the expiration of the urgency ordinance.
Council may also elect to assign additional conditions to their approval, if granted, such as providing evidence of a signed contract for use of mastered building plans prior to TUP issuance, or a deadline to meet certain thresholds such as having the building plans submitted for review.
If denied, staff will prepare notice to the applicants as well as move the property back onto the abatement list with the Town’s legal counsel.
131
Financial Impact:
Costs of staff time processing a Temporary Use Permit application is recovered through the Council-adopted application fee. If moved to abatement, as approved by the court, the cost of the legal fees and cleanup would be borne upfront by the Town’s General Fund with reimbursement requested from the property owner. Any unpaid fees by the property owner are then placed as a lien against the property for future reimbursement to the Town. 132
133
134
Exemptions Committee Application Page 3
FOR TOWN USE ONLY
Code Enforcement verification of currently occupied RVs:
1) Property owner owned at time of fire:
Verified
Non-compliant:
2) RV occupants are displaced residents:
Verified
Non-compliant:
3) One RV/tiny home that is DMV registered:
Verified
Non-compliant:
4) Complies with setbacks:
Verified
Non-compliant:
5) Connected to functioning septic system:
Verified
Non-compliant:
6) Connected to pedestal/pole with inspected electrical service:
Verified
Non-compliant:
7) Water connection:
Verified
Non-compliant:
8) Active NRWS service:
Verified
Non-compliant:
9) Property maintenance:
Verified
Non-compliant:
Additional notes:
ALL APPROVALS ISSUED WITH CONDITIONS WILL BE GIVEN A 30-DAY DEADLINE FOR COMPLIANCE CULLETON: JONES:
Deny Deny
Approve Approve
Conditions of approval: Conditions of approval:
Gloria & Scott Detro at time of Fire, Jonathon added 12/31/2020 No proof submitted, see attached email. Displaced by Camp Fire, but lived in Concow.
Second RV removed
VERIFIED 12/7/2021
Code cases: Marijuana grow opened 10/12/2021 closed 10/22/2021, RV w/ No TUP & Debris opened 6/17/2020 removed from nuisance abatement status 12/7/2021 Case not closed yet because of RV w no TUP
as long as his name is on the deed &
provides copy of contract with Rancho
Engineering within 30 days.
Deny - code violations as of 9/30/21 and
additional violation in October for marijuana
grow.
135
1 Vierra, Anne
From: Jonathon Detro
Sent: Sunday, December 12, 2021 6:23 AM
To: Vierra, Anne
Subject: Re: Exception application
Here's the thing at the time of the fire we were renters in concow. My paradise lot where we currently are living and have been sence Nov 2019 was my parents property. It's mine now and is where we will be building our primary residence, we have choose to build the flumes home from the building plans library. We Are currently contracted with rancho engineering and they are drawing up the plans to fit my lot at this time.
I can dig up our fema numbers and provide proof that our rental home in concow was a complete loss. We have resided on the paradise lot in the past. But not at the time of the fire. The property has been in the family for near 30 years. My parent decided they were to old to rebuild and purchased a home in grants pass. They have deeded me the paradise lot to me so that I would have a place to build my home. I was given two options as to where to build. Here on oak way or my late grandfather's lot on lower Billy.
⁸⁷7 I choose to take the oak way lot due to having lived here before and being fimilure with the property and where all the pipes and leach lines are being I put them In Myself when mom and dad first bought the property.
I am a retired and disable carpenter with 20 years of experience in construction. There for I intend to build it as a owner/contractor. I will also be inlisting the help of my father who has 50 years experience building homes. Together we built many if the homes n the ridge that were lost in the fire. I have worked for several of the local construction company's as well as had a partnership in the family contracting buisness. So I am fully capable of building the home myself. And I look forward to pounding every nail myself. There comes a certain pride when you can say that you build your home yourself.
I will try to fill out the application again and resend it to you shortly along with fema numbers for both my spouse and I.
Please let me know if there is any thing else I can provide.
I have documents showing that I have and am hooked up to a working septic. Have had a temp power pedestal installed.
Paid for my pid back flow valve. We have current garbage service. Have had the property surveyed. And have building plans being drawn up. Other then the temp rv permit I do beleave I have everything that is required to move forward with the process.
I also did pay for a temp rv permit in Jan 2020 along with the temp power permit. But due to having two rvs and a broke down vehical on my lot the rv permit was never issued and a code case was started. I have remedied all code violations except for the unpermitted rv that I reside in.
Roy Willis the code inforcment officer has informed me that he is prepared to close the case but his hands are tied he can't close the case because technically I'm still in violation for not having the rv permit. But that everything else has been brought up to compliance. He stated that once I get my build permit he will be able to close the case. It's a catch 22 type situation. That's why we need to apply for the exception so that we may be allowed to remain on our lot while in the permitting stages of the process.
I fully intend to build on the lot and have no intention on vacating my lot. I have put to much money time and effort into this adventure to walk away from it now. If only the rv permit I paid for back in 2020 had been issued none of this would have had to happen.
136
2 We thank you for your time and your understanding. This is all new to us and we are learning as we go. So there have been some bumps in the road so to speak. But with time and a little understanding and compassion on the town councils part we will get thew this and complete our goals. After all it's a marathon and not a sprint to the finish. It takes time and was a big life choice when we decided to remain in my home town and rebuild.
I was born here and can trace my family tree all the way back to before paradise was even a town. My family came here during the gold rush and has been here ever sence. There are still many of my relatives living in paradise including the Johnsons. The Humphreys. The Hayes. And the roe's. We have a long history in this town and God willing a long and fruitful future.
Jonathon R De Tro
On Fri, Dec 10, 2021, 8:46 AM Vierra, Anne <[email protected]> wrote:
Could you also please send something that can verify that you were displaced from the camp fire. A document showing your name and dated before the fire with a paradise address. A utility bill, an old id , fema registration etc.
Thank you
Anne Vierra
Assistant Planner
Town of Paradise | (530) 872-6291 x 412
From: Jonathon Detro
Sent: Friday, December 10, 2021 12:17 AM
To: Vierra, Anne <[email protected]>
Subject: Exception application
Let's try that again. Application for 6384 oak way, Paradise, CA 95969. Jonathon detro and dannette barefield Jonathon R De Tro
137
Town of Paradise
Council Agenda Summary
Date: January 11, 2022
Agenda Item: 6(c)
ORIGINATED BY: Susan Hartman, Community Development
Director – Planning & Wastewater
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Survey Requirements for Title Transfer Discussion
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Provide staff with verbal direction and/or concurrence on the proposed educational campaign for property buyers regarding boundary surveys; OR
2. Direct an alternative directive to town staff.
Background:
At the December 14, 2021 council meeting, Town Council initiated a discussion with staff regarding property surveys; the point at which they are required, and whether there was a need or desire to revise the current building or zoning ordinance to require surveys at time of title transfer. Concern was raised by some Council members about protection to buyers and accurately knowing the property boundaries of the parcels they were purchasing. Other Council members voiced their concerns about requirements that would create additional fees and hurdles to the sale of their lot(s).
Staff was directed to review the current survey requirements and to bring back potential solutions to alleviate concerns raised by Council and to provide additional information on the how the Town is working to preserve survey monumentation that is in the Town’s right-of-way.
Discussion:
Surveys at time of property transfer
There are currently four (4) types of development projects that regularly require a property survey:
Subdivision maps (splitting property into 5+ lots)
Parcel maps (splitting property into 2-4 lots)
Lot Line Adjustments (moving a common property line - monuments are occasionally set and recorded)
Building permits which authorize new construction or additions on standing structures.
When transferring title, there are now two (2) types of clearances properties need from the Town:
Septic system “Clearance to Record” for standing homes Defensible space clearance beginning April 2022
138
Instead of property transfers being added to the list of activities that require a property survey, staff would propose that the processes for existing Town escrow clearances be amended to include additional information for the buyer regarding the survey status of the property they are purchasing. This would provide important information to both the buyer and seller, regarding the survey status of the property, without placing an undue financial burden or hardship on the escrow transaction. The buyer can then use that information to either further negotiate with the seller for a survey, if desired, or just take mental note of the information regarding future development.
Since all properties, vacant and developed, will be subject to the defensible space clearance it is recommended that its clearance form be the one to be amended to include check box mark-offs for whether there is a survey on file with the Town for the property or not. For those properties with no survey on file, a disclaimer will inform the parties that the property lines have not been verified and future development on said property will require a Surveyor’s Certification form.
Building staff has quick access to Town and County survey directories to be able to verify the existence of filed surveys and can coordinate said information with the Fire Prevention Office.
In addition to this proposed written notification, staff would work with the Paradise Board of Realtors to participate in a virtual meeting with its members regarding these changes – much like staff did after the Camp Fire regarding the changes to the septic clearances. Resources, such as the online survey map found on Rebuild Paradise’s website at https://www.rebuildparadise.org/mapping/ can be shared with the realtors to pass on to their clients as well as how to read the Assessor tax maps that are included in preliminary title reports which reference historical surveys and existing survey pins. Together, this educational campaign will work to better inform buyers and sellers about the importance of property boundaries in a time when many contiguous lots are still undeveloped and therefore visual inspection and assertation of vacant lots can be difficult.
Survey monumentation protection
Both California’s Business & Professions Code (§8771) and California’s Streets & Highways Code (§1810.5) require that survey monuments be preserved and/or re-established when necessitated.
When Town-led projects are in the right-of-way, usually referred to as Capital Improvement Projects, the spec book for the contractors has a section specific to monument preservation and re-establishment. The Engineering Division is currently overseeing the setting of some new monuments in the right-of-way and will be working to update their database of those details.
Private residential and commercial jobs are also subject to these same monumentation preservation requirements and Town staff will be reviewing permitting processes to look for ways to educate and ensure compliance on private job sites. All residential properties have property line setbacks which help to keep the survey pins clear of potentially destructive construction activities, but additional scrutiny can and will be given to development activities on commercial properties with zero lot line setbacks as well as to right-of-way encroachment activities (driveways, frontage improvements) on any property.
With the diligence of staff overseeing activities in the Town’s right-of-way as well as reviewing development plans for potential conflicts with known survey pins, the hard work of past and present surveyors should be successfully preserved as required by state law.
Financial Impact:
Discussion of municipal code ordinances and permitting processes will have no financial impact upon the Town of Paradise.
139
Town of Paradise
Council Agenda Summary
Date: January 11, 2022
Agenda Item: 6(d)
ORIGINATED BY: Jessica Erdahl, Sr. Capital Projects Manager REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Emergency Relief Projects – Award Construction Contracts
LONG TERM
RECOVERY PLAN:
Yes, Tier 1
COUNCIL ACTION REQUESTED:
1. Consider adopting Resolution No. 2022- , A Resolution of the Town Council of the Town of Paradise awarding contract No. 7301.CON for the On-System Culvert Repair Project to the lowest responsible and responsive bidder in the amount of their base bid; and,
2. Consider adopting Resolution No. 2022- , A Resolution of the Town Council of the Town of Paradise awarding contract No. 7302.CON for the On-System Hardscape Replacement Project to the lowest responsible and responsive bidder in the amount of their base bid; and,
3. Consider adopting Resolution No. 2022- , A Resolution of the Town Council of the Town of Paradise awarding contract No. 7304.CON for the On-System Sign Replacement Project to the lowest responsible and responsive bidder in the amount of their base bid; and,
4. Authorize the Town Manager to execute an agreement with the lowest responsible and responsive bidder relating to Contracts 7301.CON, 7302.CON, and 7304.CON and to approve contingency expenditures not exceeding 10% of the base bid. (ROLL CALL VOTE)
Background:
Culverts:
As a result of the 2018 Camp Fire, numerous on-system HDPE culverts were damaged.
Immediately following the disaster, the Town identified fifteen (15) on-system culverts, initially, that needed emergency opening (EO) repairs. EO repairs were completed between December 2018 and June 2019. Subsequent assessments identified twenty-five (25) additional locations that were damaged and in need of permanent restoration.
Signs:
As a result of the 2018 Camp Fire, numerous roadway signs were damaged. Upon completion of an assessment in spring 2019, 123 locations were identified that required removal, replacement or resetting of roadway signs.
140
Hardscape:
As a result of the 2018 Camp Fire and on-going heavy fire debris removal, 30 hardscape locations were identified that sustained damage. The locations included damaged concrete curb, gutter and sidewalk, lighting, planters and amenities town wide.
The Town coordinated with Caltrans and Federal Highways Administration (FHWA) to secure Emergency Relief permanent restoration funding to repair the damaged infrastructure town wide.
Through the Emergency Relief Program, the Town of Paradise has been approved for $2,112,800 for the on-system culvert repair, sign and hardscape replacement projects. The approved projects are located on Federal-Aid “On-System” roads – meaning the Town’s primary collectors and arterials such as Skyway, Clark, Pearson, Elliott, Bille, Wagstaff, Pentz, etc.
On December 11, 2018, Paradise Town Council awarded a contract to Mark Thomas to perform engineering services on disaster related projects. Subsequently, in July 2020, task orders were issued to perform civil design services on the culvert repair, sign and hardscape replacement projects.
On October 12, 2021 Paradise Town Council adopted a resolution approving the Plans & Specifications for the On-System culvert repair, sign and hardscape replacement projects.
Council further directed staff to advertise for bids.
Analysis:
On January 4, 2022 bids were received by the town Clerk for the culvert repair, sign and hardscape replacement projects and publicly opened. A list of bids will be presented at the Council meeting.
Per the contract specifications, the award of the contracts, if it be awarded, will be to the lowest responsible, responsive bidder based upon the base bid and any additive bid items chosen by the Town, whose bid complies with all the requirements prescribed.
Financial Impact:
FHWA Emergency Relief funds have been authorized as Advance Construction (AC) for the construction and construction engineering phases. Advance Construction is a project authorization technique that allows FHWA to authorize a project phase without obligating Federal funds. Projects authorized under Advance Construction procedures will not receive federal reimbursement until Federal funds become available and are obligated on a subsequent sequence. The Town will use local funds to perform the construction and construction engineering phases for future federal reimbursement. Emergency Relief AC funding is typically obligated as federal funds within 6 months following federal authorization to proceed.
The total estimated construction and construction engineering cost for all three projects is $1,943,400. The estimated funding breakdown is shown below. A detailed project accounting description will be made available at the time of contract award.
On-System Culvert Repair Project
Project Phase
Total
Estimated
Cost
Grant
88.53%
Local
11.47%
Funding
Status
Preliminary Engineering $73,900.00 $65,423.67 $8,476.33 Obligated Right of Way $0 $0 $0 N/A
Construction $737,100.00 $652,554.63 $84,545.37 AC
Construction Engineering $110,800.00 $98,091.24 $12,708.76 AC TOTAL $921,800.00 $816,069.54 $105,730.46
141
On-System Sign Replacement Project
Project Phase
Total
Estimated
Cost
Grant
88.53%
Local
11.47%
Funding
Status
Preliminary Engineering $26,000.00 $23,017.80 $2,982.20 Obligated Right of Way $0 $0 $0 N/A
Construction $259,200.00 $229,469.76 $29,730.24 AC
Construction Engineering $38,900.00 $34,438.17 $4,461.83 AC TOTAL $324,100.00 $286,925.73 $37,174.27
On-System Hardscape Replacement Project
Project Phase
Total
Estimated
Cost
Grant
88.53%
Local
11.47%
Funding
Status
Preliminary Engineering $69,500.00 $61,528.35 $7,971.65 Obligated Right of Way $0 $0 $0 N/A
Construction $693,200.00 $613,689.96 $79,510.04 AC
Construction Engineering $104,200.00 $92,248.26 $11,951.74 AC TOTAL $866,900.00 $767,466.57 $99,433.43
Required matching funds, $242,338.16 (11.47%), are anticipated to be awarded through the Community Development Block Grant-Disaster Recovery fund allocation process.
Attachments:
A. Resolutions
142
TOWN OF PARADISE
RESOLUTION NO. 2022-___
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PARADISE AWARDING CONTRACT NO. 7301.CON FOR THE ONSYSTEM CULVERT REPAIR PROJECT TO THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER.
WHEREAS, on-system road HDPE culverts sustained damage as a result of the Camp Fire; and,
WHEREAS, the Town of Paradise has received a $921,800 allocation of Federal Highway Administration Emergency Relief Program funds; and, WHEREAS, the purpose of the Emergency Relief Program is Repair or reconstruction of Federal-aid highways and roads (“On-System”) which have suffered serious damage as a result of natural disasters.
WHEREAS, eligible repairs may include, but are not limited to, damage occurring to pavement or other surface courses, shoulders, embankments, cut slopes, roadside development, and stream channels, whether man-made or natural. Pavement repairs or reconstruction may also include rock slope protection, cribbing, or other stream bank control features, bridges, retaining walls, culverts and debris removal, including other deposits from roadway drainage channels and the traveled way.
WHEREAS, the On-System Culvert Repair Project is consistent in scope with the approved emergency relief funds: and,
WHEREAS, the On-System Culvert Repair Project is consistent with priorities identified in the Paradise Long-Term Recovery Plan prepared in response to the 2018 Camp Fire.
WHEREAS, the Town Council approved the Plans, Specification and Estimates and authorized advertisement for bids on the project on the 12th day of October 2021; and,
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PARADISE AS FOLLOWS:
Section 1. The Town Manager is authorized to award and execute the construction contract to the lowest responsible and responsive bidder in the amount of their base bid for the On-System Culvert Repair Project and approve continency expenditures not exceeding 10%.
PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 11th day of January 2022, by the following vote:
143
TOWN OF PARADISE
RESOLUTION NO. 2022-
2 AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Steve Crowder, Mayor
ATTEST:
Dina Volenski, CMC, Town Clerk
APPROVED AS TO FORM:
Scott E. Huber, Town Attorney
144
TOWN OF PARADISE
RESOLUTION NO. 2022-____
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PARADISE AWARDING CONTRACT NO. 7302.CON FOR THE ONSYSTEM HARDSCAPE REPLACEMENT PROJECT TO THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER.
WHEREAS, on-system roadway signs sustained damage as a result of the Camp Fire; and,
WHEREAS, the Town of Paradise has received a $866,900 allocation of Federal Highway Administration Emergency Relief Program funds; and, WHEREAS, the purpose of the Emergency Relief Program is Repair or reconstruction of Federal-aid highways and roads (“On-System”) which have suffered serious damage as a result of natural disasters; and,
WHEREAS, eligible repairs may include, but are not limited to, damage occurring to pavement or other surface courses, shoulders, embankments, cut slopes, roadside development, and stream channels, whether man-made or natural. Pavement repairs or reconstruction may also include rock slope protection, cribbing, or other stream bank control features, bridges, retaining walls, culverts and debris removal, including other deposits from roadway drainage channels and the traveled way; and, WHEREAS, the On-System Hardscape Replacement Project is consistent in scope with the approved emergency relief funds; and,
WHEREAS, the On-System Culvert Repair Project is consistent with priorities identified in the Paradise Long-Term Recovery Plan prepared in response to the 2018 Camp Fire, and
WHEREAS, the Town Council approved the Plans, Specification and Estimates and authorized advertisement for bids on the project on the 12th day of October 2021.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PARADISE AS FOLLOWS:
Section 1. The Town Manager is authorized to award and execute the construction contract to the lowest responsible and responsive bidder in the amount of their base bid for the On-System Hardscape Replacement Project and approve continency expenditures not exceeding 10%.
//
//
//
//
//
//
//
145
TOWN OF PARADISE
RESOLUTION NO. 2022-
2 PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 11th day of January 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Steve Crowder, Mayor
ATTEST:
Dina Volenski, CMC, Town Clerk
APPROVED AS TO FORM:
Scott E. Huber, Town Attorney
146
TOWN OF PARADISE
RESOLUTION NO. 2022-____
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PARADISE AWARDING CONTRACT NO. 7304.CON FOR THE ONSYSTEM SIGN REPLACEMENT PROJECT TO THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER.
WHEREAS, on-system roadway signs sustained damage as a result of the Camp Fire; and,
WHEREAS, the Town of Paradise has received a $324,100 allocation of Federal Highway Administration Emergency Relief Program funds; and, WHEREAS, the purpose of the Emergency Relief Program is Repair or reconstruction of Federal-aid highways and roads (“On-System”) which have suffered serious damage as a result of natural disasters; and,
WHEREAS, eligible repairs may include, but are not limited to, damage occurring to pavement or other surface courses, shoulders, embankments, cut slopes, roadside development, and stream channels, whether man-made or natural. Pavement repairs or reconstruction may also include rock slope protection, cribbing, or other stream bank control features, bridges, retaining walls, culverts and debris removal, including other deposits from roadway drainage channels and the traveled way; and, WHEREAS, the On-System Sign Replacement Project is consistent in scope with the approved emergency relief funds; and,
WHEREAS, the On-System Sign Replacement Project is consistent with priorities identified in the Paradise Long-Term Recovery Plan prepared in response to the 2018 Camp Fire, and
WHEREAS, the Town Council approved the Plans, Specification and Estimates and authorized advertisement for bids on the project on the 12th day of October 2021.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PARADISE AS FOLLOWS:
Section 1. The Town Manager is authorized to award and execute the construction contract to the lowest responsible and responsive bidder in the amount of their base bid for the On-System Sign Replacement Project and approve continency expenditures not exceeding 10%.
//
//
//
//
//
//
//
//
147
TOWN OF PARADISE
RESOLUTION NO. 2022-
2 PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 11th day of January 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Steve Crowder, Mayor
ATTEST:
Dina Volenski, CMC, Town Clerk
APPROVED AS TO FORM:
Scott E. Huber, Town Attorney
148
Town of Paradise
Council Agenda Summary
Date: January 11, 2022
Agenda Item: 6(e)
ORIGINATED BY: Jessica Erdahl, Senior Capital Projects Manager REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Award Contract No. 9390.PE Skyway-Neal Bike/Ped
LONG TERM
RECOVERY PLAN:
Yes, Tiers 1-3, Numerous
COUNCIL ACTION REQUESTED:
1. Consider concurring with staff’s recommendation of Mark Thomas and Company, Inc., to perform professional civil engineering services on the Skyway-Neal Bike/Ped project contingent upon Caltrans Office of Audits and Investigation acceptance of financial document submittals, and
2. Approving the attached Agreement for Professional Services and authorize the Town Manager to execute an agreement with Mark Thomas and Company, Inc.
Background:
On June 7, 2019 the Town of Paradise received an authorization to proceed on a new Congestion Mitigation Air Quality (CMAQ) grant in the amount of $550,000 for the Skyway-Neal Bike/Ped project. This grant will provide for the environmental review and design phase of the project.
Construction funds have not been secured at this time, however, completion of the preconstruction phases will enable the Town of Paradise to be more competitive for future grant funds.
As the Town rebuilds after the 2018 Camp Fire, it is prioritizing projects to improve connectivity and community pride. The Skyway-Neal Bike/Ped project addresses a deficiency in the active transportation network along one of the Town's primary routes, Skyway Road, and extends to Neal. The project aims to catalyze change by closing a major gap in the existing bike path and sidewalk network, which is lacking as it is, and providing a safe means for bicyclists and pedestrians to travel to businesses, homes, and recreational opportunities along the project limits.
The complete project will provide a multi-modal trail that will separate bicyclists and pedestrians from vehicular traffic along Neal Road from Town limits to the Skyway (1.62 miles).
On October 14, 2021, staff issued a formal Request for Proposals (RFP) utilizing formal consultant selection procedures per the Caltrans Local Assistance Procedures Manual for Federal-Aid projects. The RFP stated that the Town requests proposals from qualified consultants (Proposer) to conduct the following services: conduct/prepare Environmental Documentation (ED); prepare Plans, Specifications and Engineer’s Estimates (PS&E); coordinate with regulatory agencies; coordinate with Town staff in the preparation of the ED and PS&E package; provide bid support services; and provide Construction Administration (CA) support services for the Skyway-Neal Bike/Ped project. Due to staffing levels and project workloads, these services cannot be performed by in-house Town staff.
149
Analysis:
By November 3, 2021 at 4:00 PM, Town staff had received three responses to the RFP. The proposers are listed below:
1. Mark Thomas and Company, Inc.
2. GHD, Inc.
3. WMH Corporation
Proposals received included cost estimates as a separate attachment to allow for a fair and objective evaluation of the submittals. A three-member evaluation committee was formed to evaluate the proposals, including the following members:
Ashley Stanley, Town of Paradise, Principal Engineer
Jessica Erdahl, Sr. Capital Projects Manager
Tara Dutter, Administrative Assistant
The Committee received and ranked the proposals according to the criteria provided in the RFP and shown in Table 1, below.
Table 1: Evaluation Criteria Table
No. Evaluation Criteria Total Possible
1 Project Understanding and Completeness of Response 20 2 Experience and Qualifications 40
3 Schedule 20
4 Familiarity & Experience with Local, State and Federal Procedures 20 Subtotal: 100
Interview – N/A 0
TOTAL SCORE 100
Committee review of the proposals was performed independently. Evaluation scoring & ranking are shown in Table 2.
Table 2: Scores and Ranking
Consultant Name Raw Score
Total
Final
Ranking
Mark Thomas and Company, Inc. 277 1
GHD, Inc. 231 2
WMH Corporation 224 3
The evaluation committee selected the top ranked firm - Mark Thomas and Company, Inc., – to proceed with the next phase of the procurement process. Per Federal-Aid procedures, the top ranked consultant cost proposal was opened to begin negotiations and proceed with the Caltrans Office of Audits and Investigation review of financial documents. 150
Staff recommends Council consider awarding the Agreement for Professional Services, Attachment A, to Mark Thomas and Company, Inc. Award will be contingent upon Caltrans Office of Audits and Investigation acceptance of financial document submittals.
Financial Impact:
The professional engineering contract services for this effort will be 100% funded by the Congestion Mitigation and Air Quality Improvement Program (CMAQ). The budgeted grant amount for the Preliminary Engineering phase of the project is $550,000. The estimated total contract cost will be presented at the Town Council meeting following completion of contract negotiations. Services will be paid on a not-to-exceed basis, using a task by task process.
Attachments:
A. Agreement for Professional Services
151
Town of Paradise Public Works Department
Agreement for Professional Services Page 1 of 35
TOWN OF PARADISE – AGREEMENT FOR PROFESSIONAL SERVICES
Mark Thomas and Company, Inc.
Consultant
Skyway-Neal Bike/Ped project
Project Title
9390.PE
Budget Account Number
ARTICLE I INTRODUCTION
This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY:
The name of the “CONSULTANT” is as follows:
Mark Thomas and Company, Inc.
Incorporated in the State of California
The Project Manager for the “CONSULTANT” will be James Pangburn The name of the “LOCAL AGENCY” is as follows:
TOWN OF PARADISE
The Contract Administrator for LOCAL AGENCY will be Marc Mattox, Public Works Director/Town Engineer
B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated (DATE). The approved CONSULTANT’s Cost Proposal is attached hereto (Exhibit #B) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.
C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless LOCAL AGENCY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of LOCAL AGENCY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.
152
Town of Paradise Public Works Department
Agreement for Professional Services Page 2 of 35
D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of Town.
E. LOCAL AGENCY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the LOCAL AGENCY as to the designation of tasks to be performed and the results to be accomplished.
F. Any third party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds LOCAL AGENCY harmless from any and all claims that may be made against Town based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.
G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the LOCAL AGENCY. However, claims for money due or which become due to CONSULTANT from Town under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the LOCAL AGENCY.
H. CONSULTANT shall be as fully responsible to the LOCAL AGENCY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.
I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.
J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.
ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the LOCAL AGENCY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.
B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.
153
Town of Paradise Public Works Department
Agreement for Professional Services Page 3 of 35
ARTICLE III STATEMENT OF WORK
Consultant shall perform and complete services as set forth in EXHIBIT A, entitled “SCOPE OF SERVICES.”
ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on (DATE), contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on (DATE), unless extended by AGREEMENT amendment.
B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY.
ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY’s approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.
B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.
C. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of $(AMOUNT). The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.
D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.
E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.
F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to 154
Town of Paradise Public Works Department
Agreement for Professional Services Page 4 of 35
the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT.
G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.
H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by LOCAL AGENCY’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
TOWN OF PARADISE
MARC MATTOX, CONTRACT ADMINISTRATOR
5555 SKYWAY
PARADISE, CA 95969
I. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $(Amount).
J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.
ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.
C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by Town by virtue of any breach of this AGREEMENT by CONSULTANT, and Town may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due Town from CONSULTANT is determined.
155
Town of Paradise Public Works Department
Agreement for Professional Services Page 5 of 35
D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.
B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.
D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.
ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.
ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.
B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues.
The request for review will be submitted in writing.
156
Town of Paradise Public Works Department
Agreement for Professional Services Page 6 of 35
C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.
D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, LOCAL AGENCY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.
E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.
1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI.
Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. 157
Town of Paradise Public Works Department
Agreement for Professional Services Page 7 of 35
b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.
c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.
2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.
3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.
4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL AGENCY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.
ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT.
B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the LOCAL AGENCY Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.
C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.
D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY. 158
Town of Paradise Public Works Department
Agreement for Professional Services Page 8 of 35
E. Any substitution of Subconsultants must be approved in writing by the LOCAL AGENCY Contract Administrator in advance of assigning work to a substitute Subconsultant.
F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.
G. Prompt Payment of Withheld Funds to Subconsultants
The LOCAL AGENCY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY, of the contract work, and pay retainage to CONSULTANT based on these acceptances. The LOCAL AGENCY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant.
Method 1: No retainage will be held by the LOCAL AGENCY from progress payments due to CONSULTANT. CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.
Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subcontract performance, or noncompliance by a subconsultant.
159
Town of Paradise Public Works Department
Agreement for Professional Services Page 9 of 35
ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by LOCAL AGENCY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services.
CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.
B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by LOCAL AGENCY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.
C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:
1. CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY.
2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.
ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.
B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve LOCAL AGENCY projects. Prevailing wage 160
Town of Paradise Public Works Department
Agreement for Professional Services Page 10 of 35
requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.
C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.
D. Payroll Records
1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.
2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT.
The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.
3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.
4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.
161
Town of Paradise Public Works Department
Agreement for Professional Services Page 11 of 35
5. The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, Town and county, and shall, within five (5) working days, provide a notice of a change of location and address.
6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by LOCAL AGENCY from payments then due.
CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.
E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.
F. Penalty
1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.
2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.
3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.
4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:
162
Town of Paradise Public Works Department
Agreement for Professional Services Page 12 of 35
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.
5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.
6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.
G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the LOCAL AGENCY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.
H. Employment of Apprentices
1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.
2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and 163
Town of Paradise Public Works Department
Agreement for Professional Services Page 13 of 35
subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work.
The CONSULTANT is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.
ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project which will follow.
B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.
C. The CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.
D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.
ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR
LOBBYING
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:
1. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State 164
Town of Paradise Public Works Department
Agreement for Professional Services Page 14 of 35
Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid 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 this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.
C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.
ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.
B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.
165
Town of Paradise Public Works Department
Agreement for Professional Services Page 15 of 35
D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.
E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.
G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
H. The CONSULTANT shall comply with regulations relative to non-discrimination in federallyassisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.
I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the LOCAL AGENCY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:
1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;
166
Town of Paradise Public Works Department
Agreement for Professional Services Page 16 of 35
3. Does not have a proposed debarment pending; and
4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.
B. Any exceptions to this certification must be disclosed to LOCAL AGENCY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.
C. Exceptions to the Federal Government Excluded Parties List System maintained by the U.S.
General Services Administration are to be determined by FHWA.
ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. CONSULTANT, subrecipient (LOCAL AGENCY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, The LOCAL AGENCY shows a contract goal for DBEs. CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.
CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal. It is CONSULTANT’s responsibility to verify that the DBE firm is certified as DBE at date of proposal opening and document the record by printing out the California Unified Certification Program (CUCP) data for each DBE firm. A list of DBEs certified by the CUCP can be found here.
All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
100 percent counts if the materials or supplies are obtained from a DBE manufacturer. 60 percent counts if the materials or supplies are purchased from a DBE regular dealer. Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49CFR26.55 defines "manufacturer" and "regular dealer." This AGREEMENT is subject to 49 CFR Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”.
CONSULTANTs who enter into a federally-funded agreement will assist the LOCAL AGENCY in a good faith effort to achieve California's statewide overall DBE goal.
B. The goal for DBE participation for this AGREEMENT is__21 _%. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10-O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good 167
Town of Paradise Public Works Department
Agreement for Professional Services Page 17 of 35
faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.
C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information – Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.
D. Contract Assurance
Under 49 CFR 26.13(b):
CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.
Failure by the CONSULTANT 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 the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying CONSULTANT from future proposing as non-responsible E. Termination and Substitution of DBE Subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the LOCAL AGENCY’s written consent. CONSULTANT shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the LOCAL AGENCY. Unless the LOCAL AGENCY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form, included in the Bid.
The LOCAL AGENCY authorizes a request to use other forces or sources of materials if CONSULTANT shows any of the following justifications:
1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.
2. The LOCAL AGENCY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the LOCAL AGENCY’s bond requirements.
3. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.
168
Town of Paradise Public Works Department
Agreement for Professional Services Page 18 of 35
4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).
5. Listed DBE's work is unsatisfactory and not in compliance with the contract.
6. Listed DBE is ineligible to work on the project because of suspension or debarment.
7. Listed DBE becomes bankrupt or insolvent.
8. Listed DBE voluntarily withdraws with written notice from the Contract
9. Listed DBE is ineligible to receive credit for the type of work required.
10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.
11. The LOCAL AGENCY determines other documented good cause.
CONSULTANT shall notify the original DBE of the intent to use other forces or material sources and provide the reasons and provide the DBE with 5 days to respond to the notice and advise CONSULTANT and the LOCAL AGENCY of the reasons why the use of other forces or sources of materials should not occur.
CONSULTANT’s request to use other forces or material sources must include:
1. One or more of the reasons listed in the preceding paragraph.
2. Notices from CONSULTANT to the DBE regarding the request.
3. Notices from the DBEs to CONSULTANT regarding the request.
If a listed DBE is terminated or substituted, CONSULTANT must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal.
F. Commitment and Utilization
The LOCAL AGENCY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.
The LOCAL AGENCY shall request CONSULTANT to:
1. Notify the LOCAL AGENCY’s contract administrator or designated representative of any changes to its anticipated DBE participation
2. Provide this notification before starting the affected work
3. Maintain records including:
Name and business address of each 1st-tier subconsultant Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
Date of payment and total amount paid to each business (see Exhibit 9-F Monthly Disadvantaged Business Enterprise Payment)
169
Town of Paradise Public Works Department
Agreement for Professional Services Page 19 of 35
If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.
If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit the notifications to the LOCAL AGENCY. On work completion, CONSULTANT shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17- O, form and submit the form to the LOCAL AGENCY within 30 days of contract acceptance.
Upon work completion, CONSULTANT shall complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the LOCAL AGENCY within 90 days of contract acceptance. The LOCAL AGENCY will withhold $10,000 until the form is submitted. The LOCAL AGENCY will release the withhold upon submission of the completed form.
In the LOCAL AGENCY’s reports of DBE participation to Caltrans, the LOCAL AGENCY must display both commitments and attainments.
G. A DBE is only eligible to be counted toward the AGREEMENT goal if it performs a commercially useful function (CUF) on the AGREEMENT. CUF must be evaluated on an agreement by agreement basis. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the AGREEMENT is commensurate with the work it is actually performing, and other relevant factors.
H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.
I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.
J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms.
DBE CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.
170
Town of Paradise Public Works Department
Agreement for Professional Services Page 20 of 35
K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY’s Contract Administrator within thirty (30) calendar days.
L. After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant shall complete and email the Exhibit 9- F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to the Agency.
M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.
ARTICLE XIX INSURANCE
A. Prior to commencement of the work described herein, CONSULTANT shall furnish LOCAL AGENCY a Certificate of Insurance evidencing the following types of insurances as required by Federal and California regulations as set forth in Exhibit D “Insurance Requirements”.
ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.
B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to LOCAL AGENCY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.
C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.
D. LOCAL AGENCY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.
ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.
B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY’s Contract Administrator.
171
Town of Paradise Public Works Department
Agreement for Professional Services Page 21 of 35
C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by LOCAL AGENCY’s Contract Administrator.
ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.
ARTICLE XXIII DISPUTES
1. Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.
A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and Town Manager who may consider written or verbal information submitted by CONSULTANT.
B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.
C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.
ARTICLE XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.
ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.
172
Town of Paradise Public Works Department
Agreement for Professional Services Page 22 of 35
B. Pursuant to the authority contained in Vehicle Code §591, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.
ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of Town, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination, Town shall be entitled to, and CONSULTANT shall deliver to Town, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to Town which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by Town.
B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of Town without restriction or limitation upon its use or dissemination by Town.
C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by Town for another project or project location shall be at Town’s sole risk.
D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts).
E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.
ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.
173
Town of Paradise Public Works Department
Agreement for Professional Services Page 23 of 35
B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.
C. Services of CONSULTANT’s personnel in connection with LOCAL AGENCY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.
ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.
B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.
C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or LOCAL AGENCY’s actions on the same, except to LOCAL AGENCY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.
D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission.
E. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than LOCAL AGENCY, Caltrans, and/or FHWA. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of Town or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, Town has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, Town’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.
ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board. 174
Town of Paradise Public Works Department
Agreement for Professional Services Page 24 of 35
ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.
ARTICLE XXXI PROMPT PAYMENT FROM THE LOCAL AGENCY TO CONSULTANT The LOCAL AGENCY shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the LOCAL AGENCY fails to pay promptly, the LOCAL AGENCY shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the LOCAL AGENCY shall act in accordance with both of the following:
(1) Each payment request shall be reviewed by the LOCAL AGENCY as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request.
(2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to CONSULTANT as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment
ARTICLE XXXII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:
CONSULTANT: Mark Thomas and Company, Inc.
James Pangburn, Project Manager
701 University Avenue, Suite 200
Sacramento, CA 95825
LOCAL AGENCY: Town of Paradise
Marc Mattox, Contract Administrator
5555 Skyway
Paradise, CA 95969
ARTICLE XXXIII CONTRACT
The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named LOCAL AGENCY, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below. 175
Town of Paradise Public Works Department
Agreement for Professional Services Page 25 of 35
ARTICLE XXXIV SIGNATURES
TOWN OF PARADISE Mark Thomas and Company, Inc.
A Municipal Corporation Consultant
By: ________________________________ By:___________________________ Kevin Phillips, Town Manager Name:
Title:
Address:
APPROVED AS TO FORM: ATTEST:
By:____________________________ By:___________________________ Scott Huber, Town Attorney Dina Volenski, Town Clerk
176
Town of Paradise Public Works Department
Agreement for Professional Services Page 26 of 35
TOWN OF PARADISE – AGREEMENT FOR PROFESSIONAL SERVICES
EXHIBIT A SCOPE OF SERVICES
Mark Thomas and Company, Inc.
Consultant
Skyway-Neal Bike/Ped project
Project Title
Varies.PE
Budget Account Number
Scope of Work Description:
1. PROJECT MANAGMENT
a. Project Kick Off Meeting
The Consultant shall schedule and conduct a Project kick-off meeting within two (2) weeks of NTP to discuss Project details, establish goals, review the Project schedule, and coordinate efforts. Town staff will work in conjunction with the Consultant to develop the Project Development Team (PDT) prior to the Project kick-off meeting. Once identified, the Consultant shall contact all members of the PDT to coordinate the scheduled meeting date, location, and time. A meeting notice, agenda, and meeting minutes (noting all action items) shall be prepared by the Consultant for the kick-off meeting. b. PDT Meetings
The Consultant shall coordinate and attend monthly PDT meetings with Town staff and stakeholder representatives and at interim periodic Project milestones, as necessary. Meeting agendas for the planned meeting and summaries/notes from the previous meetings shall be prepared by the Consultant at each meeting and distributed to the Town’s Project Manager and other attendees. An action item list and a status of project deliverables shall be updated on an ongoing basis (monthly) and be made available for each PDT meeting.
Assumptions: Mark Thomas will Attend 12 PDT meetings, BenEn will attend 6 meetings, and GPA will attend 3 meetings
c. Monthly Progress Reports
The Consultant shall prepare brief monthly progress reports (Progress Reports) to record ongoing progress on the Project and to support invoices submitted to the Town for payment. Reports shall include an explanation of tasks accomplished for the month, deliverables finished/submitted, anticipated tasks/progress for the next month, pending issues and schedule completion target dates (updated Project schedule). d. Cost Accounting
The Consultant shall submit monthly invoices in a format that indicate: 1) the total contract amount, 2) all costs incurred for specific tasks performed for the period (actual and percentage), 3) costs incurred to date (actual and percentage), and 4) estimates percentage of completion for each task. Invoices shall include the Purchase Order (PO), Project, and invoice numbers on a form provided by the Town (or in a format acceptable to the Town). Charges for each of the individual tasks shall be listed separately, including reimbursable expenses.
177
Town of Paradise Public Works Department
Agreement for Professional Services Page 27 of 35
e. Quality Assurance / Quality Control
The Consultant shall plan for and ensure Quality Assurance and Quality Control (QA/QC) during the entire Project. The Consultant shall also ensure that all design calculations, deliverables, and other works are independently verified to ensure accuracy. Exhibits and plans should be checked, corrected, and backchecked for accuracy and completeness. f. Submittal of Project Deliverables
The Project deliverables shall be submitted for review by the Town, Caltrans, regulatory agencies, and utility companies. The Town shall be copied on all correspondence. Drawings, including topo and base maps, must be designed and submitted in AutoCAD Civil 3D, Specifications must be submitted in MS Word, and Estimates must be submitted in MS Excel. PDF of all submittals must be submitted as well.
All data, information, documents, calculations, reports, plans, specifications, quantity take-offs, estimates, or any other item collected or prepared in either hard copy or electronic format as part of the design of this Project are the property of the Town. The Consultant shall submit all these items to the Town at the completion of the Project. All original documents and electronic files shall become the sole property of the Town, and may be used by the Town and/or its assignees without written permission from or additional compensation to the Consultant.
2. DATA COLLECTION AND ANALYSIS
a. Review of Existing Plans, Studies, and Other Relevant Information Consultant will research and review existing information and utilize when possible. This includes Town information such as Hawkeye Survey Data, Town-Wide LiDAR Data, Town-Wide High Resolution Orthoimagery, and Neal Road Rehabilitation Project basemap data. Consultant will incorporate existing information into a workable AutoCAD base file. This will include extracting and processing of LiDAR of the pathway and sidewalk segments into a workable base map. Consultant will utilize the existing project control that is currently being used for other design work in the Town for overall consistency.
The Consultant shall provide a list of all other reports, plans, studies, documents and information that are needed for the design of the Project. The Town will provide copies of all records that are available at the Town. For all other records needed for the design of the Project, the Consultant shall be responsible for researching existing reports and obtaining and reviewing all pertinent Project-related data needed to prepare a complete PS&E package.
3. SURVEYING AND BASE MAPPING
a. Control Surveys
Consultant will prepare a control survey to use as the foundation for the Topographic Survey and Right‐Of‐ Way Retracement, which will be derived from GPS sessions and conventional survey methods. Consultant will work with the Town to determine the project horizontal and vertical datum to be used for the project. Project control identified with the On‐System and Neal Road Rehabilitation Projects will be utilized for this effort. b. Topographic Surveys and Data Collection
Consultant will research and review existing information and utilize, as necessary. This includes Town information such as Hawkeye Survey Data, Town-Wide LiDAR Data, Town-Wide High Resolution Orthoimagery and Neal Road Rehabilitation Project basemap data. Consultant will also request and utilize any topographic survey files that are available as part of on-system or off-system roadway rehabilitation projects to minimize survey efforts and expense.
178
Town of Paradise Public Works Department
Agreement for Professional Services Page 28 of 35
The existing base mapping prepared for Neal Road and Skyway as part of the On‐System Road Pavement Rehabilitation Project will be supplemented with field topography along the bike path alignment. The field topography along the half street width of Neal Road will include roadway features such as edge of pavement, curb gutter and sidewalk, slopes, roadside ditches, at 50’ intervals. Visible utilities will be surveyed and shown in the base map. Drainage facilities will be dipped. c. Record Right of Way Delineation
Consultant will supplement the right of way information gathered during the on‐system road pavement rehabilitation project to establish the Town right of way through the project limits. It is estimated that up to sixty-one (61) parcels may be impacted by the project. Consultant will locate record monuments and use record information such as record maps, deeds, and title documentation for the project site and adjacent parcels to determine the location of the existing right‐of‐way and easements. If there is an absence of record mapping, the right of way will be delineated using title reports. This task includes field work to find monuments that were not found as part of the on‐system road rehab or the Transportation Master Plan (TMP).
Deliverables: AutoCAD Base File (.dwg), Point Files (.dwg), Record Right of Way Base Mapping and Project Control Table.
4. UTILITY/OTHER AGENCY INVESTIGATION AND
COORDINATION
a. Utility Potholing
It will be the responsibility of the Consultant to identify potential points of conflict between proposed Town facilities and existing or proposed utility company facilities. The Consultant will coordinate resolution of these problems by working with the Town and utility company personnel including arranging for utility potholing where necessary, to produce a recommendation for alternative construction that will minimize or eliminate the problem.
Assumption: 10 utility potholes
b. Conflict Mapping
Based on the 60% plans, Consultant will prepare conflict mapping meeting Caltrans utility certification requirements.
c. Utility Relocation Support
Consultant will assist the Town to follow the Caltrans process (per Caltrans Local Assistance Procedures Manual, Chapter 14), which will ultimately yield all needed utility agreements such that the Town can certify the project ROW. The Town will be responsible for preparing all correspondence with the utility owners and preparing all Caltrans LAPM forms (i.e. the Reports of Investigation (Exhibit 14E), Notice to Owners (Exhibit 14D), Utility Agreements, and utility portions of the Right of Way Certification (Exhibit 13B).
Consultant will coordinate relocation details that will be shown on the project plans. This effort includes site visits with the utility owners to coordinate the relocation plan designs. If the relocations are limited to adjustments to grade, Consultant will include these items on the project plans, which can be used as relocation plans for the utility certification process.
Deliverables: Utility owner maps, utility base files, utility status matrix, potholing report and exhibits (optional), utility conflict maps, notices to owner, relocation plans, utility agreements, utility certification. 179
Town of Paradise Public Works Department
Agreement for Professional Services Page 29 of 35
5. GEOTECHNICAL INVESTIGATION AND DESIGN
a. Field Investigations, Laboratory Analysis, and Memorandum Consultant will prepare a brief Geotechnical Memorandum with pavement recommendations for the new path and other project features, utilizing existing geotechnical information from the Neal Road Rehabilitation Project Geotechnical Report. No additional field data or lab analysis from the Neal Road Rehabilitation project are needed to establish design parameters.
Deliverables: Draft and Final Geotechnical Memorandum in pdf format.
6. ENVIRONMENTAL DOCUMENTATION
The use of Federal funds will require compliance with both the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA).
Under CEQA, the anticipated environmental document is a Categorical Exemption, which will be completed and filed by the Town. Under NEPA, this project falls under the Federal Highway Administration’s (FHWA) Categorical Exclusion 23 CFR 771 activity (c)(3): Construction of bicycle and pedestrian lanes, paths, and facilities.
Consultant will perform the environmental CEQA and NEPA clearance and regulatory permitting (if needed) for the project site, following the Caltrans’ processes. The environmental considerations for the Project may require an Initial Site Assessment (optional), Natural Environment Study – Minimal Impacts, Wetlands Delineation (optional) and Screened Undertaking or Historic Property Survey Report/Archaeological Survey Report. The Class I trail alignment includes roadside ditches that may be considered jurisdictional wetlands and may require regulatory permitting.
a. Preliminary Environmental Study Form (Optional Task) Consultant will work closely with the Project Development Team (PDT) to define a complete and detailed project description and delineate a project study area that will meet the needs of the technical analysis. The project description will identify the project purpose and need, project objectives, project components, project location, and timing of the project. GPA will perform a review of available information to ensure that all pertinent information related to the existing site is considered. GPA will also complete a “windshield” level site survey to support preparation of the PES Form.
Once all the necessary information is gathered and reviewed, Consultant will prepare a Preliminary Environmental Study (PES) Form and coordinate the review and approval with Caltrans. It is not anticipated that the PES Form will identify the need for preparation of technical studies. b. NEPA TECHNICAL STUDIES
i. Biological Resources – NES (MI)
Background Research and Delineation of Biological Study Area (BSA) Consultant will review available data on biological resources recorded within and near the project area, including plant and animal species with the potential to be in the project area. This review will include conducting searches in databases such as the California Natural Diversity Database (CNDDB) and the National Wetlands Inventory (NWI). Additionally, a list of protected species with the potential to be in the project area will be requested from the U.S. Fish and Wildlife Service (USFWS).
Field Surveys
Consultant will survey the BSA for potential wildlife, their signs, and/or potential habitat. Consultant will inventory botanical, aquatic, and wildlife resources observed in the BSA. GPA will identify and record existing 180
Town of Paradise Public Works Department
Agreement for Professional Services Page 30 of 35
vegetation communities in the area. Botanical surveys will be conducted during the blooming period for special-status plants with the potential to be in the project area, if feasible.
NES-MI Documentation
Following completion of background research and site investigations, Consultant will summarize the results of these studies in an NES-MI report. The NES-MI will include a discussion of the existing biological resources in the BSA, potential project impacts on those resources, and proposed avoidance, minimization, and mitigation measures to minimize impacts. The NES discussion will also include a summary of agency coordination required to obtain project approvals and environmental permits, if any. Consultant will submit the draft NES-MI to the City and will coordinate with the City and Caltrans as needed for review and approval of the report.
ii. Cultural Resources – Screened Undertaking
Consultant will assist Caltrans to make the project a screened undertaking under the Caltrans Section 106 of the National Historic Preservation Act Programmatic Agreement. Consultant will draft a memo containing the project description and a summary of the record search results. The Caltrans PQS will make the ultimate determination if the proposed project qualifies as a screened undertaking. iii. Cultural Resources – HPSR / ASR (Optional Task)
The cultural resources study will consist of the following tasks: 1) Area of Potential Effects (APE); 2) Records Search and Literature Review; 3) Section 106 Outreach to Potentially Interested Parties; 4) Pedestrian Survey; and 5) Historic Property Survey Report (HPSR) and Archaeological Survey Report (ASR). We assume that: A) Caltrans will determine that the APE will coincide with the Area of Direct Impacts; B) no survey will be required outside the proposed right-of-way limits; C) no cultural resources or historic properties are located within the APE; D) the Town will not require assistance to fulfill the requirements of AB52 and the identification of Tribal Cultural Resources under CEQA; E) all submittals will be prepared in digital format and submitted electronically via email or a shared network; F) no more than a succession of three drafts will be prepared for review by GPA, the Town, and Caltrans District 03; and G) one final will be prepared, with signatures, after final Caltrans District 03 approval.
iv. Phase 1 Initial Site Assessment (Optional Task)
Consultant will perform the following tasks to provide an Initial Site Assessment (ISA) to evaluate the project alignment and adjacent properties for evidence of recognized environmental conditions (RECs) and/or potential RECs that may significantly impact the project. Review project data and coordinate with the design team. Review available project documents and reports including: APN parcel maps, site geology and groundwater data. Review information for evidence of suspected or known contamination/hazardous materials issues (such as pesticide usage, railroad alignments, industrial parks, orchards, etc.).
Conduct a limited site reconnaissance to observe current land use and indications of potential contamination along the project alignment, and to view publicly accessible portions of the adjacent properties.
Review historical aerial photographs, topographic maps, and soil maps of the site and surrounding properties for indications of site use and potential sources of contamination. Perform computerized review of federal, state, county, and tribal environmental records for indications of the use, misuse, or storage of hazardous and/or potentially hazardous materials on or near the site. The records review will be provided by a professional record check service. As warranted by information from the records search or site reconnaissance, interview Town representatives or owners of adjacent private property regarding current or past property uses that might have adversely impacted the project alignment.
Based on the results of the database search, limited site reconnaissance, interviews, and any existing assessments, CAInc will determine the risk of potential hazardous materials within and adjacent to the project area.
181
Town of Paradise Public Works Department
Agreement for Professional Services Page 31 of 35
Prepare a report summarizing the findings of our site reconnaissance, interviews, historical aerial photograph and topographic map evaluation, and regulatory records review. We will address identified potential contamination and hazardous material impacts, and provide recommendations for additional investigation, as warranted by the data.
A draft and final ISA Report will be submitted for review and comment prior to the final submittal.
Conclusions and opinions expressed in the proposed ISA report would not be a legal opinion regarding compliance with regulatory requirements. The findings will be relevant to the dates of site visits and should not be relied upon to represent conditions at later dates. c. PERMITTING (OPTIONAL TASK)
i. Wetland Delineation (Optional Task)
Wetland Vegetation appears to be growing within the project limits and may be considered jurisdictional wetlands by the USACE, RWQCB, and/or CDFW. The area and extent of wetlands and other waters under the jurisdiction of the USACE, RWQCB, and CDFW will therefore be delineated to assist in determining potential project impacts on these wetlands and waters.
Field Delineation
GPA will complete a delineation of wetlands and other waters under the jurisdiction of USACE, RWQCB, and CDFW. GPA will identify the OHWM, channel banks, and other jurisdictional limits within the BSA. The actual presence or absence of wetlands in the BSA will be verified through the presence of hydrologic conditions, hydrophytic vegetation, and hydric soils pursuant to the U.S. USACE’s 2008 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region and its 1987 Corps of Engineers Wetlands Manual.
The spatial limits of all wetlands and/or other waters of the U.S. and state will be mapped according to USACE’s minimum mapping standards.
Aquatic Resources Delineation
GPA will summarize existing site conditions and analyze the permanent and temporary impacts on waters of the U.S. and state that would result from implementation of the project in a Jurisdictional Delineation Report.
The report will be used to (1) assist the design team in avoiding impacts to jurisdictional areas; (2) provide the jurisdictional information necessary for the supporting project environmental documentation; and (3) support the applications for USACE, CDFW, and RWQCB regulatory permit authorizations. ii. Regulatory Permit Applications (Optional Task)
Clean Water Act Section 404 Nationwide Permit
Section 404 of the Clean Water Act regulates and authorizes the USACE to issue permits for the discharge of dredged or fill materials into waters of the United States. Local creeks in the project area may be a natural waterway with perennial flow and is expected to fall under the jurisdiction of the USACE as waters of the United States. Because the project is expected to have temporary and permanent impacts on local creeks, a Section 404 Permit will be required. It is expected that the project will fall within the scope of the USACE Nationwide Permit 14 for “Linear Transportation Facilities.” However, to qualify for this permit, the project must meet 27 general conditions and not result in greater than 0.5 acre of permanent impacts (e.g., loss) on jurisdictional waters of the U.S. If the project would result in more than 0.10 acre of permanent impacts on waters of the U.S. or if the project would impact wetlands, a pre-construction notification (PCN) would be required for the project. If a PCN is required, GPA will prepare the PCN package for submittal to the USACE.
Clean Water Act Section 401 Water Quality Certification Section 401 of the Clean Water Act requires that actions permitted under Section 404 obtain a Water Quality Certification issued by the RWQCB. GPA staff will prepare an application for a Section 401 Water Quality Certification for submittal to the RWQCB. The application will include a brief description of the project, potential impacts, measures to minimize impacts, and other pertinent project information, as required by the RWQCB. GPA will coordinate with the RWQCB as needed to obtain the 401 Certification. If warranted, a site visit will be coordinated with the RWQCB and other regulatory agencies to facilitate the process. 182
Town of Paradise Public Works Department
Agreement for Professional Services Page 32 of 35
Fish and Game Code 1602 Streambed Alteration Agreement
Section 1602 of the Fish and Game Code requires submittal of a Streambed Alteration Notification to the CDFW for any activity that may substantially divert or obstruct the natural flow or substantially change the bed, channel, or bank of any river, stream, or lake. Local drainage or creek is expected to fall under CDFW jurisdiction. Therefore, GPA will prepare a Streambed Alteration Notification package for submittal to the CDFW. The notification will include a brief description of the project, potential impacts, measures to minimize impacts, and other pertinent project information, as required by the CDFW. If warranted, a site visit will be coordinated with the CDFW and other regulatory agencies to facilitate the process.
Deliverables: PES Form (optional), Biological Resources NES-MI, Screened Undertaking or HPSR/ASR (Optional), Jurisdictional Delineation Report (optional), and Hazardous Waste Initial Site Assessment Memorandum (optional), Clean Water Act Section 404 Nationwide Permit Pre-construction Notification package (Optional); Clean Water Act Section 401 Water Quality Certification Application package (Optional); Streambed Alteration Notification package (0ptional)
7. PRELIMINARY DESIGN
a. Preliminary Neal Road Pathway Design
Consultant will prepare preliminary bike path designs. Significant issues such as potential utility conflicts, driveway conflicts, drainage issues, etc. will be identified at this stage. The preliminary design will serve as the 30% plans for the project and will include: project footprint, typical cross sections, preliminary construction details, preliminary curb ramp details, and preliminary quantity tables. A preliminary estimate of construction cost will be prepared using Caltrans 2018 standard bid items. b. Preliminary Skyway Sidewalk Infill Design
Consultant will prepare preliminary sidewalk infill designs. Significant issues such as potential utility conflicts, driveway conflicts, drainage issues, etc. will be identified at this stage. The preliminary design will serve as the 30% plans for the project and will include: project footprint, typical cross sections, preliminary construction details, preliminary curb ramp details, and preliminary quantity tables. A preliminary estimate of construction cost will be prepared using Caltrans 2018 standard bid items. c. Drainage Memorandum
Consultant will prepare a drainage memorandum to determine pipe sizes and configuration for new drainage systems along Neal Road.
d. Prepare Right of Way Impact Exhibit
Consultant will prepare right of way impact exhibits showing the right of way requirements for the project.
The exhibit will also show impacts to property improvements for communication with the affected owners and the right of way appraisers.
Deliverables: Plans (30% Level – PDF); Preliminary Estimate of Cost (PDF); Drainage Memorandum (PDF); Right of Way Impact Exhibit (PDF)
8. PLANS, SPECIFICATIONS, AND ESTIMATE
a. Civil Plans
With approval of the preliminary design, a full set of plans and construction documents will be produced and submitted to the Town for review. Consultant will prepare 60%, 90% and final PS&E and technical 183
Town of Paradise Public Works Department
Agreement for Professional Services Page 33 of 35
specifications for construction for the bike path (10’ path with 2’ shoulders) and sidewalk infill. This work will include the following tasks.
i. Neal Road Pathway Plans
Neal Road Pathway plans may include layout and control sheets, plan and profile, typical and construction details, erosion control, drainage, electrical/lighting, signal modification, and signing and striping plans. The trail lighting layout will include a lighting / spacing analysis based on a standard luminaire model provided by the Town. The plans will include the following sheets comprehensive of Task 8.1.1, Task 8.1.2, and Task
8.3. Table 1 Civil Plan Sheets
Description Scale Sheet Count
Title Sheet N/A 1
Project Control N/A 1
Typical Cross Sections N/A 2
Plan and Profile 1”=20’ 21
Construction Details Varies 6
Erosion Control Plans 1”=20’ 21
Utilities and Drainage (Plan) 1”=20’ 21
Drainage Profiles 1”=50’(H); 6
Drainage Details Varies 4
Signing and Striping 1”=20’ 11
Trail Lighting and Details 1”=40’ 7
Signal Modification and Details 1”=20’ 3
Total Sheets 104
ii. Skyway Sidewalk Infill Plans
Skyway Sidewalk Infill plans may include layout and control sheets, plan and profile, typical and construction details, erosion control, drainage, electrical/lighting, signal modification, and signing and striping plans. b. ENGINEER’S ESTIMATE
i. Neal Road Pathway Estimate
Consultant will prepare Engineer's Estimate corresponding to each plan submittal for the Neal Road Pathway, following the Caltrans 2018 Bid Item List. The estimate will be combined with the estimate prepared in Task
8.2.2. ii. Skyway Sidewalk Infill Estimate
Consultant will prepare Engineer's Estimate corresponding to each plan submittal for the Neal Road Pathway, following the Caltrans 2018 Bid Item List.
c. Lighting and Electrical PS&E
Consultant will use VISUAL software to prepare photometric analysis for trail lighting along Neal Road. Based on the photometric analysis and field review, Consultant will prepare PS&E for the following electrical items:
Traffic signal modification at the Skyway/Neal Road intersection Lighting for Class I trail along Neal Road between Skyway and Bayleaf Road Street lighting for Skyway between Neal Road and Pearson Road 184
Town of Paradise Public Works Department
Agreement for Professional Services Page 34 of 35
Consultant will submit PS&E to the Town of Paradise for review at 60% and 90% level. Any comments by the Town will be incorporated into final PS&E.
d. Technical Specifications
Consultant will prepare Technical Specifications corresponding to each plan submittal. Technical Specifications will be based on 2018 Standard Specifications.
Deliverables: PDF, Microsoft Word, Microsoft Excel, and AutoCAD files of the 60%, 90% and Final Plans, specifications, and engineer's estimate and bid documents.
9. BIDDING AND CONSTRUCTION SUPPORT (OPTIONAL TASK)
a. Bidding Assistance (Optional Task)
Consultant will provide bidding support during the bidding period. This includes assisting the Town answering bidder questions, preparation of any bid addenda, and attending pre‐bid meetings as needed. b. Design Support During Construction (Optional Task)
Consultant will provide design support during construction. Since construction support is difficult to estimate at the proposal phase, a budget has been included as an optional task. c. Record Drawings (Optional Task)
Consultant will prepare record drawings at the request of the Town, based on red lines provided by the contractor. Record Drawings shall be submitted to the Town in PDF form.
Deliverables: Provide bid support to the Town. Assumes attending 1 pre-bid meeting. Prepare As-Built Drawings and submit to the Town in PDF.
10. GRANT WRITING SUPPORT (OPTIONAL TASK)
a. Grant Writing Support (Optional Task)
Consultant will prepare grant applications at the direction of the Town. This scope assumes 1 application similar the previous ATP application efforts.
Deliverables: Grant Application (PDF)
ASSUMPTIONS AND EXCLUSIONS
This scope does not include sidewalk infill sections
Geotechnical recommendations will include materials excavation, stability, and fill placement. Town will provide Preliminary Title Reports.
185
Town of Paradise Public Works Department
Agreement for Professional Services Page 35 of 35
TOWN OF PARADISE – AGREEMENT FOR PROFESSIONAL SERVICES
EXHIBIT B COMPENSATION
Mark Thomas and Company, Inc.
Consultant
Skyway-Neal Bike/Ped project
Project Title
9390.PE
Budget Account Number
Compensation for services shall be in accordance with the specified rates of compensation, shown below:
INSERT CONSULTANT COST PROPOSAL
186
Town of Paradise Public Works Department
Agreement for Professional Services Page 36 of 1
TOWN OF PARADISE – AGREEMENT FOR PROFESSIONAL SERVICES
EXHIBIT C SCHEDULE OF PERFORMANCES
Mark Thomas and Company, Inc.
Consultant
Skyway-Neal Bike/Ped project
Project Title
9390.PE
Budget Account Number
187
Town of Paradise Public Works Department
Agreement for Professional Services Page 37 of 1
188
Town of Paradise Public Works Department
Agreement for Professional Services Page 38 of 5
TOWN OF PARADISE – AGREEMENT FOR PROFESSIONAL SERVICES
EXHIBIT D INSURANCE PROVISIONS
Mark Thomas and Company, Inc.
Consultant
Skyway-Neal Bike/Ped project
Project Title
9390.PE
Budget Account Number
INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES
*Please provide a copy of Attachment II to your insurance agent.
Consultant shall procure and maintain for the duration of this contract, insurance against claims for injuries to persons or damages to property that may arise from or be in connection with the performance of the work hereunder by Consultant, Consultant’s agents, representatives, employees and subconsultants. Before the commencement of work consultant shall submit Certificates of Insurance and Endorsements evidencing that consultant has obtained the following forms of coverage:
A. MINIMUM SCOPE AND LIMITS OF INSURANCE - Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO’s Commercial Automobile Liability coverage form CA 00 01.
1. Commercial Automobile Liability: Covering any auto (Code 1) for corporate/business owned vehicles, or if Consultant has no owned autos, covering hired (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage. 3) Workers’ Compensation Insurance: As required by the State of California with Statutory Limits and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury and disease. (Not required if Consultant provides written verification he or she has no employees.) 4) Professional Liability (Errors and Omissions): Insurance appropriate to Consultant’s profession, with limits no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. 189
Town of Paradise Public Works Department
Agreement for Professional Services Page 39 of 5
If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Town requires and shall be entitled to the broader coverage and/or higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Town.
Such policy shall continue for a period of one year after completion of work by the Consultant.
B. OTHER INSURANCE PROVISIONS - The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) The Town of Paradise, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL and Commercial Auto policies with respect to liability arising out of work or operations performed by or at the direction of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions used). 2) For any claims related to this contract, Consultants insurance coverage shall be primary insurance coverage at least as broad as ISO Form CG 20 01 04 13 as respects the Town, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees and volunteers shall be excess of Consultants insurance and shall not contribute with it. 3) Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Town.
C. WAIVER OF SUBROGATION: Consultant hereby grants to Town a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Town by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Town has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Town for all work performed by the Consultant, its employees, agents and subconsultants.
D. SELF-INSURED RETENTIONS: Self-insured retentions must be declared to and approved by the Town.
The Town may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.
The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Town.
E. ACCEPTABILITY OF INSURERS: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Town.
F. VERIFICATION OF COVERAGE: Consultant shall furnish Town with original certificates of insurance including all required amendatory endorsements (or copies of the applicable policy language affecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The Town reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 190
Town of Paradise Public Works Department
Agreement for Professional Services Page 40 of 5
G. SPECIAL RISKS OR CIRCUMSTANCES: Town reserves the right to modify these requirements including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
H. SUBCONSULTANTS: Consultant shall include all subconsultants as insured under its policies or require all subconsultants to be insured under their own policies. If subconsultants are insured under their own policies, they shall be subject to all the requirements stated herein, including providing the Town certificates of insurance and endorsements before beginning work under this contract.
I. CLAIMS MADE POLICIES: If any of the required policies provide coverage on a claims-made basis:
1) The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. 4) A copy of the claims reporting requirements must be submitted to the Town for review. 191
Town of Paradise Public Works Department
Agreement for Professional Services Page 41 of 5
TOWN OF PARADISE – AGREEMENT FOR PROFESSIONAL SERVICES
EXHIBIT E TITLE VI ASSURANCES
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:
Pertinent Nondiscrimination Authorities:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
Airport and Airway Improvement Act of 1982, (49 U.S.C. § 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 192
Town of Paradise Public Works Department
Agreement for Professional Services Page 42 of 5
193