9. Mountain Cascade, Inc. Construction Phasing Randy Buckman
10. Mountain Cascade, Inc. Safety Rickey Arslanian
11. Carollo Engineers, Inc. Quality Andrew Frost
11.3. APPROVED SUBCONTRACTORS
As of the Contract Date, Approved Subcontractors are identified in the following table. Additional potential Subcontractors shall be proposed by the Design-Builder and approved by the Town for any Early Work Packages and for the balance of the Design-Build Work in accordance with Sections 5.7 and 7.4 of this Design-Build Contract and Attachment 11A to this Appendix.
Approved Subcontractors proposed by the Design-Builder and approved by the Town after the GMP Amendment Date shall be reflected in a Contract Administration Memorandum. [Note: The names and roles of all additional Approved Subcontractors as of the GMP Amendment Date shall be added to the table below as part of the GMP Amendment.] 586
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Subcontractor Role
1. Carollo Engineers, Inc. Engineer-of-Record
2. Rolls, Anderson & Rolls Surveying
3. Fugro Hazardous Materials Survey
4. Montrose Environmental Environmental
5. 6.
7. 11.4. SUBCONTRACTING PLAN
A preliminary Subcontracting Plan is included as Attachment 11A. The final Subcontracting Plan will be set forth in the GMP Amendment.
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SUBCONTRACTING PLAN
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APPENDIX 12
CERTAIN STATE AND FEDERAL GRANT REQUIREMENTS AND GUIDELINES 589
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APPENDIX 12
CERTAIN STATE AND FEDERAL GRANT REQUIREMENTS AND GUIDELINES The Town intends to utilize Grants for the entirety of its financing structure. The utilization of the Grants is predicated on complying with all applicable requirements of the Grants, including, as applicable, complying with all applicable provisions identified in this Appendix. As of the Contract Date, the written requirements of any California State Water Resources Control Board grants have not yet been established and therefore are not yet reflected in this Appendix. The parties intend to update this Appendix by Contract Amendment once such written requirements have been established.
This Appendix is a summary only of such requirements, and is not intended to be an exhaustive list of all of the Grant Requirements. Reference is made to the Grant documentation for the full terms and provisions of the written requirements of the Grants.
In order to satisfy the requirements of the Community Development Block Grant – Disaster Recovery grant funding, as well as additional procurement requirements of the Town, this Design-Build Contract and all Subcontracts must incorporate the following basic requirements:
[INTENTIONALLY LEFT BLANK]
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Table A12-1
Federal Statutes, Regulations and Other Requirements
Reference Subject
1. 2 C.F.R. parts 200.339, 200.342, 200.343 Remedies for Noncompliance
2. 2 C.F.R. parts 200.340 and 200.341 Termination
3. 2 C.F.R. 200.334 Five-Year Retention Requirement
4. 2 C.F.R. 200 Subpart F Audit Requirements
5. 2 C.F.R. 200.208 Authority to Impose Additional Special Conditions
6. 2 C.F.R. 200.318 General procurement standards
7. 2 C.F.R. 200.319 Competition
8. 2 C.F.R. 200.320 Methods of procurement to be followed
9. 2 C.F.R. 200.322 Domestic Preferences for Procurements
10. 2 C.F.R. 200.324 Contract cost and price
11. 2 C.F.R. 200.325 Federal awarding agency or pass-through entity review
12. 2 C.F.R. 200.326 Bonding Requirements
13. 40 U.S.C. 3702 Contract Work Hours and Safety Standards Act
14. 40 U.S.C. 3702, Sections 103 and 107 Contract Work Hours and Safety Standards Act
15. 24 C.F.R. 570.489(h) Conflicts of Interest
16. 15 U.S.C. Sec. 15 (Section 4) Clayton Act
17. 37 C.F.R. 401 Rights To Inventions Made By Nonprofit Organizations And Small Business Firms Under
Government Grants, Contracts, And Cooperative
Agreements
18. 41 U.S.C. 51-58 Anti-Kickback Act of 1986
19. 40 U.S.C. 3141-3148;
42 U.S.C. 3212
29 C.F.R. Subtitle A, Parts 1, 3, and 5
Davis Bacon and Related Acts (DBRA)
20. 2 C.F.R. Part 200.214 Suspension and Debarment
21. 2 C.F.R. 1400 Nonprocurement Debarment and Suspension 591
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22. Executive Order No. 12,549, 1986 Debarment and suspension prohibitions relating to violations of the Clean Water Act and Clean Air
Act with respect to federal contracts, grants or
loans
23. 31 U.S.C. 1352 Byrd Anti-Lobbying Amendment
24. 43 C.F.R. 18 New Restrictions on Lobbying
25. Pub. L. No. 117-58, §§ 70901-52 Build America, Buy America Act (BABA
26. 33 U.S.C. 3914 American Iron and Steel (AIS) Requirement
27. 31 U.S.C. 1352 Limitations on the Payment of Funds to Influence Federal Transactions
28. 42 U.S.C. 2000d et seq. Title VI of the Civil Rights Act of 1964
29. 42 U.S.C. 3601 Title VII of the Civil Rights Act of 1968 (The Fair Housing Act)
30. Public Law 100–259; 102 Stat. 28 Civil Rights Restoration Act of 1987
31. 42 U.S.C. 5309, Section 109 of Title 1 Housing and Community Development Act of 1974
32. 42 U.S.C. 3604 Fair Housing Amendment Act of 1988
33. 42 U.S.C. 6101 and DOI implementing
regulations published at 43 C.F.R. 17.300-
17.339
The Age Discrimination Act of 1975
34. Section 504 of the Rehabilitation Act of
1973, as amended 29 U.S.C. 794, and DOI
implementing regulations published at 43
C.F.R. 17 subpart B
Rehabilitation Act of 1973
35. 42 U.S.C. 12101 The Americans with Disabilities Act of 1990 (ADA)
36. Executive Order 11063, 1962 Prohibiting discrimination in the sale, leasing, rental, or other disposition of properties and
facilities owned or operated by the federal
government or provided with federal funds
37. 42 U.S.C. 2000e Equal Employment Opportunity Act
38. 29 C.F.R. 1607 Uniform Guidelines on Employee Selection Procedures adopted by the EEOC in 1978
39. 38 U.S.C. 4212 Vietnam Era Veteran’s Readjustment Act of 1974 (revised Jobs for Veterans Act of 2002)
592
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40. Executive Order 11246, 1965 Prohibiting federal contractors and federally assisted construction contractors and
subcontractors, who do business with the federal
government from discriminating in employment
decisions
41. 2 C.F.R. 200.321 Small, Minority and Women’s Business Enterprises and Labor Surplus Area Firms
42. Executive Order No. 12,432, 1983 Minority Business Enterprise Development
43. 41 U.S.C. 8101
2 C.F.R. Parts 182 and 1401
Drug-Free Workplace Act of 1988
44. Executive Order No. 11,246, 1965 Prohibiting discrimination on the basis of race, color, sex, religion and national origin to enhance
hiring training, and promotion opportunities for
minorities and women in construction programs
financed, in part, by federal dollars
45. 12 U.S.C. 1701u
24 C.F.R. 75
Section 3 of the Housing and Urban Development
Act of 1968
46. 24 C.F.R. 50
24 C.F.R. 58
40 C.F.R. 1500-1508
The National Environmental Policy Act (NEPA)
47. 40 C.F.R. Parts 15 and 50 Environmental Protection Agency (EPA) Regulations
48. 24 C.F.R. 58 Environmental Review Procedures
49. 42 U.S.C. 7401-7671q Clean Air Act
50. 33 U.S.C. 1251-1387 Federal Water Pollution Control Act
51. 33 U.S.C. 1251 Clean Water Act
52. 45 C.F.R. 75.331
2 C.F.R. 200.323
Procurement of Recovered Materials
53. Pub. L. 94-163, 89 Stat. 871 The Energy Policy and Conservation Act
54. 42 U.S.C. 4001 Flood Disaster Protection Act
55. 42 U.S.C. 4151-4157 Architectural Barriers Act
56. https://www.epa.gov/greeningepa/federalsustainability-requirements-and-guidelinesSustainability Requirements, such as those provided by the EPA and Department of Energy
57. 83 F.R. 5850, 83 F.R. 5861 National Floodplain Elevation Standards 593
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58. Title X Residential Lead-Based Paint Hazard Reduction Act
59. 42 U.S.C. 63, Section 401(b) Lead-Based Paint Poisoning Prevention Act of 1971
60. 54 U.S.C. 300101
16 U.S.C. 470
The National Historic Preservation Act of 1966
61. Pub. L. 93-291 Archaeological and Historical Preservation Act of 1974
62. 36 C.F.R. 800 Advisory Council on Historic Preservation Procedures for Protection of Historic Properties
63. Executive Order 11593 Protection and Enhancement of the Cultural Environment
64. 42 U.S.C. Chapter 51 The Architectural Barriers Act of 1968
65. 2 C.F.R. Subtitle A, Chapter II, Part 200,
et. seq., adopted by HUD at 2 C.F.R. 2400
Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal
Awards
66. 42 U.S.C. 4601, and implementing
regulations issued at 24 C.F.R. 42 and 49
C.F.R. 24
Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970
67. 42 U.S.C. 69 (Housing and Community
Development Act of 1974), Section 104(d)
Residential Antidisplacement and Relocation
Assistance Plan; Certification of Adherence;
Contents
68. Title 29, C.F.R., Subtitle A Parts 1, 3, and
5 Federal Labor Standards
69. 24 C.F.R. 570 HUD regulations concerning Community
Development Block Grants
70. 24 C.F.R. 570 HUD regulations concerning Community
Development Block Grants
71. 24 C.F.R. 85.40 HUD Reporting Requirements
72. Chapter XIII, Bureau of Labor Standards,
Department of Labor, Part 1518
Safety Standards for General Industry and
Construction
73. Federal Register, Volume 36, No. 75. Title
29 Safety and Health Regulations for Construction
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Table A12-2
State Statutes, Regulations and Other Requirements
Reference Subject
1. Government Code 12900,
et. seq.
Cal. Code Regs., Title 2
Section 11000, et. seq.
California Fair Employment and Housing Act
2. Government Code 11135
– 11139.5
California Discrimination
3. Public Contract Code
Section 10115, et seq.
Minority and Women Business Participation Goals for State Contracts
4. 2 Cal. Code Regs.
1896.60, et seq.
Disabled Veteran Business Enterprise (DVBE) program
5. Public Contract Code
10353
Priority Hiring Considerations
6. Public Contract Code
Sections 12205 and
12156(e)
Recycled Content Certification
7. Pub. Res. Code 21000, et
seq.
California Environmental Quality Act (CEQA)
8. California Green
Buildings Standards Code
Title 24, Part 11
California Green Buildings Standards Code (CAL Green)
9. Wildland-Urban Interface
Building Code Title 24,
Chapter 7a
Wildland-Urban Interface Building Code (WUI Code)
10. Pub. L. 94-163, 89 Stat.
871
California Energy Conservation Plan, developed in accordance with the federal Energy Policy and Conservation Act
11. Cal. Code Regs. Title 25
Section 7122
Audit Requirements
12. Government Code 8546.7 Audits
13. Public Contract Code
7110
Family Code Chapter 8
Part 5 of Division 9
Child Support Compliance Act
14. Cal. Code of Regs. Title 25 Grant Administration
595
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15. Public Contract Code
10344(e)
Requirement for Loss Leader Provision
16. Labor Code Section 1720-
1743
Labor Code 1770-1784
State Prevailing Wages
17. State Contract Manual
Requirements Section
3.11, for Federally
Funded Contracts
State Contract Manual Requirements
18. Business and Professions
Code Chapter 2 of Part 2
of Division 7
Cartwright Act
19. Government Code 4550 –
4554 Chapter 11
Antitrust Claims
596
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ATTACHMENT 12A
DAVIS BACON ACT WAGE DETERMINATIONS
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APPENDIX 13
CERTAIN PROVISIONS OF THE CALIFORNIA PUBLIC CONTRACT CODE California Public Contract Code Sections 20104 to 20104.6 Public Contract Code - PCC
DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. )
PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22178] ( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. )
CHAPTER 1. Local Agency Public Construction Act [20100 - 20929] ( Chapter 1 added by Stats. 1982, Ch. 465, Sec. 11. )
ARTICLE 1.5. Resolution of Construction Claims [20104 - 20104.6] ( Article 1.5 added by Stats. 1994, Ch. 726, Sec. 22. )
20104. (a) (1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b) (1) “Public work” means “public works contract” as defined in Section 1101 but does not include any work or improvement contracted for by the state or the Regents of the University of California.
(2) “Claim” means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. (Amended by Stats. 2010, Ch. 697, Sec. 47. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
20104.2. For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims.
(b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. 598
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(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency’s written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater.
(c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency’s written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater.
(d) If the claimant disputes the local agency’s written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency’s response or within 15 days of the local agency’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.
(Added by Stats. 1994, Ch. 726, Sec. 22. Effective September 22, 1994.) 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties.
If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator.
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(b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney’s fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process.
(Amended by Stats. 2004, Ch. 182, Sec. 54. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law.
(Added by Stats. 1994, Ch. 726, Sec. 22. Effective September 22, 1994.) 600
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California Public Contract Code Sections 9201 to 9204
Public Contract Code - PCC
DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. )
PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. )
CHAPTER 9. Claims and Disputes [9201 - 9204] ( Chapter 9 added by Stats. 1982, Ch. 1120, Sec. 5. )
9201. (a) A public entity shall have full authority to compromise or otherwise settle any claim relating to a contract at any time.
(b) The public entity shall include provisions in a public works contract for timely notification of the contractor of the receipt of any third-party claim, relating to the contract. (c) The public entity shall be entitled to recover its reasonable costs incurred in providing the notification required by subdivision (b).
(Amended by Stats. 2002, Ch. 315, Sec. 1. Effective January 1, 2003.) 9203. (a) Payment on any contract with a local agency for the creation, construction, alteration, repair, or improvement of any public structure, building, road, or other improvement, of any kind which will exceed in cost a total of five thousand dollars ($5,000), shall be made as the legislative body prescribes upon estimates approved by the legislative body, but progress payments shall not be made in excess of 95 percent of the percentage of actual work completed plus a like percentage of the value of material delivered on the ground or stored subject to, or under the control of, the local agency, and unused. The local agency shall withhold not less than 5 percent of the contract price until final completion and acceptance of the project. However, at any time after 50 percent of the work has been completed, if the legislative body finds that satisfactory progress is being made, it may make any of the remaining progress payments in full for actual work completed.
(b) Notwithstanding the dollar limit specified in subdivision (a), a county water authority shall be subject to a twenty-five thousand dollar ($25,000) limit for purposes of subdivision (a). (Amended by Stats. 2000, Ch. 126, Sec. 1. Effective January 1, 2001.) 9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. 601
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(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. 602
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(C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement.
Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing.
If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. 603
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(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim.
Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2027, deletes or extends that date.
(Amended by Stats. 2019, Ch. 489, Sec. 1. (AB 456) Effective January 1, 2020. Repealed as of January 1, 2027, by its own provisions.)
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Town of Paradise
Council Agenda Summary
Date: February 13, 2024
Agenda Item: 6(c)
ORIGINATED BY: Marc Mattox, Public Works Director
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Roe Road Extension Phase 2 Project Update
LONG TERM
RECOVERY PLAN:
Yes - Various
COUNCIL ACTION REQUESTED:
1. Consider approving a Letter of Intent to the California Transportation Commission relating to the Town’s $33,000,000 Roe Rd Extension Phase 2 Local Transportation Climate Adaptation Program grant award and funding needs for project construction; and,
2. Approve a Letter of Support for the Town’s $25,000,000 federal Rebuilding American Infrastructure with Sustainability and Equity (RAISE) funding opportunity; and,
3. Allocate $3,800,000 of the Town’s Paradise Recovery & Operations Reserve to leverage the Roe Road Extension Phase 2 Project. (ROLL CALL VOTE) Background:
On January 27, 2020, United States Department of Housing and Urban Development (HUD) published Federal Register Notice 85 FR 4681 allocating $1,017,399,000 in CDBG-DR funding, related to the Federal Emergency Management Agency (FEMA) Major Disaster Declarations DR4382 from July to September 2018 and DR-4407 in November 2018. The California Department of Housing and Community Development (HCD) is the grantee responsible for administering the CDBG-DR funds allocated to the State of California. CDBG-DR supports the State of California’s unmet recovery needs related to the Federal Emergency Management Agency (FEMA) Major Disaster Declarations DR-4382 from July to September 2018 and DR-4407 in November 2018.
Recognizing unmet infrastructure recovery needs, related to DR-4382 from July to September 2018 and DR-4407 in November 2018, HCD allocated $317,428,488 of the CDBG-DR funding to the Disaster Recovery Infrastructure Program (DR-Infrastructure). DR-Infrastructure projects are funded to assist with meeting the unmet infrastructure needs of local communities. This program provides funding for FEMA Public Assistance (PA) match projects, FEMA Hazard Mitigation Grant Program (HMGP) match projects, other non-FEMA match projects, and stand-alone projects identified by local communities impacted by DR-4382 or DR-4407.
On February 8, 2022, Paradise Town Council adopted Resolution No. 2022-12, a resolution of the Town Council of the Town of Paradise declaring certain projects critical to Camp Fire recovery with unfunded needs for consideration in the CDBG-DR Infrastructure Program (DR-4407).
On August 19, the Town of Paradise was formally notified by California Housing and Community Development that of the $317M made available for allocations, the Town would be recipients of 605
$199,592,735.75 for implementation of identified projects in the program. Separate from this allocation, Housing and Community Development announced a $30M Action Plan Amendment to program the Paradise Sewer Project design phase – bringing the overall allocation to $229,592,735.75. Subtracting a subrecipient allocation to Paradise Irrigation District, the Town’s final allocation amount for implementation is $226,074,635.
A crucial next step towards implementation was identification of which projects of the Town’s overall eligible listing should be advanced for further study, environmental review, design, and construction, as appropriate.
On September 15, 2022, Paradise Town Council reviewed and approved the CDBG-DR Infrastructure Action Plan which aims to keep the Council and community apprised of the status of allocated projects through completion. The primary objectives of the Action Plan aim to:
1. Stabilize the Town’s Paradise Recovery & Operations Fund through the allocation of eligible Disaster Recovery and Mitigation projects with unfunded match requirements.
2. Implement a diverse array of infrastructure projects identified through the extensive planning of the 2019 Community Long-Term Recovery Plan and 2020 Transportation Master Plan. Projects identified will increase evacuation capacity, connect deadend roads, or complete missing road segments which would have been useful during the 2018 Camp Fire evacuation and will be useful in any future evacuation scenario the Town may face in the future.
On December 13, 2022, Paradise Town Council reviewed and approved the CDBG-DR Infrastructure Action Plan Amendment 1 which incorporated new funding announcements through the California Transportation Commission’s Active Transportation Program. These funding announcements included an additional $41M towards projects along Skyway, Neal and Pentz Road. Amendment 1 documented the new funds and a revised project list.
A critical piece of the Town’s Action Plan implementation is funding the Roe Road Extension Phase 1 Project. This Project is part of the Town’s overall strategy to provide an additional eastwest connecting roadway between Skyway and Pentz Road. Phase 1 spans between Pentz Road and South Libby Road.
On November 3, 2023, Town of Paradise staff learned that Roe Road Extension Phase 2 (South Libby to Clark) was approved for a $33M allocation as the State’s top scoring application in the Local Transportation Climate Adaptation Program’s (LTCAP) first funding cycle. The total project cost is estimated at $66M. A project Fact Sheet is attached to this agenda summary for reference.
In December 2023, federal Multimodal Discretionary Grant (Rural) and Safe Streets for All Programs funding announcements were made and, unfortunately, did not include the Roe Road Extension Phase 2 Project applications submitted by the Town of Paradise. Staff had hoped these grant applications would help leverage the secured LTCAP funding to provide 100% project funding.
On January 9, 2024, Paradise Town Council approved CDBG-DR Action Plan Amendment 2 which allocated $4.2M in CDBG-DR Infrastructure funds towards the Roe Rd Extension Phase 2 Project.
The U.S. Department of Transportation has published a Notice of Funding Opportunity (NOFO) for $1.5 billion in grant funding through the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) discretionary grant program for 2024. The popular program helps communities around the country carry out projects with significant local or regional impact. 606
RAISE discretionary grants help project sponsors at the state and local levels, including municipalities, Tribal governments, counties, and others complete critical freight and passenger transportation infrastructure projects. The eligibility requirements of RAISE allow project sponsors to obtain funding for projects that may be harder to support through other U.S. DOT grant programs.
With the $33M LTCAP award and $4.2M CDBG-DR allocation, the Roe Rd Extension Phase 2 Project requires an additional $28.8M in construction funding. The maximum RAISE funding grant amount is $25M.
Analysis:
Staff is recommending Council approve two letters relating to the Roe Road Extension Phase Project, as follows:
1. California Transportation Commission relating to the Town’s gratitude for the $33M award for the project as well as intent to secure full construction funding. A critical note will be made relating to the Town’s understanding that for LTCAP funds to be obligated towards construction the Town shall ensure that the entire phase is fully funded.
2. US Department of Transportation relating to the Town’s commitment and support for the $25M RAISE application.
As previously noted, the Town of Paradise has secured the following funding for the $66M Roe Road Extension Phase 2 Project:
$33,000,000 Local Transportation Climate Adaption Program (CTC) $4,200,000 CDBG-DR Infrastructure Funds (HUD/HCD)
$37,200,000 TOTAL
The Town of Paradise intends to submit a maximum $25M request under the federal 2024 RAISE funding opportunity. If approved, this leaves an overall project funding shortfall of $3.8M. Town staff is requesting Council to approve a $3.8M commitment of local reserve funds towards the project’s construction phase. This local funding demonstrates the Town’s support for the project, increasing the likelihood of federal funding selection.
Financial Impact:
In the last two years, staff has secured over $270M in new funding without encumbering any of the Town’s reserves. Staff is requesting a $3.8 million budgetary commitment for the Roe Road Extension Phase 2 Project. As a part of the Town’s planned Fiscal Sustainability Model, Paradise Town Council reserved 10% of the Paradise Recovery & Operations (PRO) Fund ($22,000,000) for anticipated capital projects, unfunded match requirements and other needs.
In August 2023, Paradise Town Council committed $6,460,000 towards the Operations & Maintenance Assistance Program of the Paradise Sewer Project. The PRO Fund reserve will fund this program.
If the $3.8M allocation towards the Roe Rd Extension Phase 2 Project is approved, the PRO Fund Reserve will stand at $11,740,000.
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ROE ROAD EXTENSION PROJECT - PHASE 2
PROJECT FACT SHEET
Implementing Agency: Town of Paradise
• Provides new access to State Route 191/Clark Road
traffic evacuation route
• Avoids 4 miles out of way travel during traffic
evacuation
• Provides second route option for 5 residential
dead-end streets
• Transportation grid network supports First Responders daily operations and emergency evacuation events
PROJECT OUTCOMES
• Phase 2 continues the cross-town connection between Skyway and Pentz Road. The future 5-mile roadway will address circulation system deficiencies, build transportation options, add on-street bicycle lanes, and improve disaster evacuation route access. • Phase 2 will close gap to 5 roadways which serve disconnected residential areas. • Directly benefits evacuation corridors which experienced a high concentration of traffic-related fatalities during the Camp Fire.
• Phase 2 prioritizes new roadway link serving long dead-end streets including South Libby, Circle, Warnke, and Bennett and eliminate a barrier created by Clear Creek and a ridge.
PROJECT BENEFITS PROJECT INFORMATION
PHASE 2 COST
Environmental $2,700,000
Design $ 6,800,000
Right of Way $ 4,500,000
Construction $52,000,000
TOTAL $66,000,000
SKYWAY
NEAL RD
CLARK RD
PENTZ RD
PEARSON RD
ELLIOTT RD
SAWMILL RD
SOUTH LIBBY RD
FOSTER RD
TOYON LN
SCOTTWOOD RD
EDGEWOOD LN
191
PHASE 2 SCHEDULE
Increases Mobility
Options
Gap
Closure
Benefits Disadvantaged
Communities
Improves
Safety
Provides Disaster
Resilience
Environmental Clearance
Final Design
ROW Acquisition
Construction
1 2 3 4 5
YEARS
Supports Economic
Recovery
M
ORG
AN RIDGE RD
NEAL RD
CLARK RD
PENTZ RD
SAWMILL RD
SOUTH LIBBY RD
FOSTER RD
TOYON LN
EDGEWOOD LN
191
AN RIDGE RD
FUTURE PHASES
PHASE 1 - FUNDED
CONSTRUCTION
START
IN 2025
PROPOSED
PHASE 2
TRAFFIC EVACUATION
ROUTES
EXISTING ROADWAY
PROPOSED ROADWAY
ROADWAY CONNECTIONS
RESIDENTIAL STREET
CONNECTIONS
EVACUATION ROUTE
CONNECTIONS
Funding Secured $37,200,000
608
Town of Paradise
5555 Skyway
Paradise, CA 95969
(530) 872-6291
February 14, 2024
Laurie Waters
Associate Deputy Director
California Transportation Commission
1120 N St
Sacramento, CA 95814
Re: Roe Road Extension – Phase 2 Funding Updates
Dear Ms. Waters:
On behalf of the Town Council of the Town of Paradise, I write this letter to express our full gratitude for the California Transportation Commission’s selection of the Roe Rd Extension Phase 2 Project under the Local Transportation Climate Adaption Program.
The Roe Road Extension Phase 2 Project aims to provide a missing link in evacuation infrastructure which would have benefited the 2018 Camp Fire as well as improve resiliency for future evacuation events.
Since the Commission’s approval of the $33,000,000 award, the Project budget and other funding commitments have changed. This letter aims to memorialize a revised funding plan and the Town’s robust efforts to ensure the Project is fully funded and constructed. Please find below a revised funding table which highlights newly allocated funding and pending grant applications:
Phase Allocation FY Amount Funding Source Funding Status PA&ED 2023/24 $1,000,000 CDBG-DR Committed
PA&ED 2023/24 $1,770,000 LTCAP Committed
PS&E 2025/26 $2,000,000 CDBG-DR Committed
PS&E 2025/26 $2,155,000 LTCAP Committed
ROW 2025/26 $4,788,000 LTCAP Committed
ROW 2025/26 $1,197,000 CDBG-DR Committed
CON 2026/27 $24,287,000 LTCAP Committed
CON 2026/27 $25,000,000 RAISE Uncommitted
CON 2026/27 $3,803,000 Local Committed
Total $66,000,000
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Working together to rebuild a thriving community.
As noted in the table above, the Town has made two allocations of own funds towards the project, (1) $4.2M in CDBG-DR funds to ensure that all project development phases (PA&ED, PS&E and ROW) are fully funded and remain on schedule, and (2) $3.8M to cover gap funding following the Town’s $25M pending federal Rebuilding American Infrastructure with Sustainability and Equity (RAISE) application. The RAISE application will be submitted before February 28, 2024 and funding announcements are expected in June 2024.
In the event the Town’s RAISE application is not successful, Town staff will continue to seek remaining funds through other grant opportunities. The Town of Paradise understands that the project will not be eligible to allocate the LTCAP Construction phase funds unless the phase is fully funded.
Town staff will continue to keep you apprised of project updates as soon as they come available.
In the meantime, should you have any questions or needs please do not hesitate to contact us at (530) 872-6291 x125.
Sincerely,
Ron Lassonde
Mayor
610
Town of Paradise
5555 Skyway
Paradise, CA 95969
(530) 872-6291
February 14, 2024
The Honorable Pete Buttigieg
Secretary of the United States Department of Transportation 1200 New Jersey Avenue, SE
Washington, DC 20590
Re: Letter of Support and Funding Commitment for the FY2024 RAISE Application Roe Road Extension – Phase 2
Dear Secretary Buttigieg:
On behalf of the Town Council of the Town of Paradise, I write this letter to express our full and complete support for the Town’s application to the U.S. Department of Transportation’s FY2024 RAISE grant program.
The Roe Road Extension Phase 2 Project aims to provide a missing link in evacuation infrastructure which would have benefited the 2018 Camp Fire as well as improve resiliency for future evacuation events.
The Town (population 10,000) qualifies as a Rural applicant. We will commit $3.8 million in local funds toward the proposed project. The source of these funds is the Town’s Paradise Recovery & Operations Fund Reserve. These funds were approved by the Town Council on February 13, 2024 and will be available in FY2026-27.
The Town has been fortunate to receive federal and state funding since the 2018 Camp Fire disaster. As a result, we have the experience and technical capacity to administer the RAISE grant including knowledge of federal contract and procurement regulations, and experience implementing grant-funded projects of similar size and scope. These state and federal-funded projects include: $90 million from FEMA and FHWA for roadway rehabilitation, and $200 million from the California Department of Housing and Community Development to build transformative infrastructure. The Town’s Public Works Director/Town Engineer will serve as the Project Manager, bringing more than 15 years of directly-related experience to the project.
The proposed project is listed in the Town’s 2019 Long-Term Recovery Plan and 2022 Transportation Master Plan. During significant public outreach conducted in the wake of the fire, ‘projects to address gaps in the evacuation route network’ emerged as a HIGH PRIORITY. The proposed project will address this concern while building back better: the project will include active transportation infrastructure that will provide new transportation choices for residents, and the new roadway will improve circulation in this small rural town. 611
Working together to rebuild a thriving community.
The project is also consistent with all of the RAISE Merit Criteria, as described in our application.
The Town is underserved, disadvantaged, and rural, and this project is crucial to our recovery. We sincerely thank you for considering our funding request. We are available to answer your questions at your convenience by contacting us at (530) 872-6291 x125.
Sincerely,
Ron Lassonde
Mayor
612
Town of Paradise
Council Agenda Summary
Date: February 13, 2024
Agenda Item: 6(d)
ORIGINATED BY: Colette Curtis, Recovery and Economic Development Director
REVIEWED BY: Jim Goodwin, Town Manager
SUBJECT: Chico Regional Airport Investment Opportunity
LONG TERM
RECOVERY PLAN:
Yes
COUNCIL ACTION REQUESTED:
1. Hear information on the opportunity to invest in the Chico Regional Airport from the Chico Airport Manager; and
2. Give Staff direction on starting negotiations regarding an investment agreement.
Background:
Prior to 2011, The City of Chico operated the Chico Regional Airport which provided flights to SFO. AS of 2010, yearly ridership was 47,000.
Recently, the City of Chico has made a renewed effort to reestablish air service to the region and is actively working with airlines to do so. Their Airport Manager reports they are anticipating the airport will provide 2 flights per day to LAX, will offer plane sizes between 50-160 seats, and have a goal of active flight service by Fall of 2025.
Reestablishing air service in the region provides a benefit to Paradise residents and businesses.
The availability of a nearby airport is a factor in the decision to relocate to Paradise, and during recovery Paradise is interested in supporting these types of services for residents.
Analysis:
Recently, Town staff was approached by the Chico Airport Manager with an investment opportunity in the Chico Regional Airport which would help reestablish service. The investment would go towards the Revenue Guarantee Fund which is required in order for Chico to make an agreement with an Airline.
The Chico Airport Manager is looking for five substantial investors, along with small investors, to generate this fund which has a goal of $1.5 Million in total. The opportunity was presented as a way to reestablish air service in the region which would benefit Paradise as we recover. A secondary opportunity presented through this investment was the offer of significant branding and advertising in the Chico Regional Airport.
Financial Impact:
Any investment made to the Chico Regional Airport would impact the Town’s General Fund unless a grant opportunity was identified. Currently there are no known grants available for this purpose.
The investment opportunity has been presented as a one-time investment towards the Revenue Guarantee Fund, however any content for the advertising space, and the periodic updating of that content would be an additional cost.
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