Redding City Council
April 18, 2023

Agenda
Regular Meeting
Redding City Council
Council Chambers (Doors open 30 minutes prior)
777 Cypress Avenue
Redding, CA
April 18, 2023
6:00 PM

1. CALL TO ORDER - MAYOR MICHAEL DACQUISTO
A. Pledge of Allegiance
B. Invocation - Reverend Ken Ficklin, Unity Church in Redding C. Roll Call

2. PRESENTATIONS

3. PUBLIC COMMENT - for non-agendized matters within the city’s jurisdiction.

PURSUANT TO THE BROWN ACT, CITY COUNCIL CANNOT TAKE ACTION ON PUBLIC

COMMENT ITEMS
The City Council will allocate up to a maximum of three minutes per speaker for 30 minutes total, at the beginning of the meeting for Public Comment for non-agendized matters within the City’s jurisdiction.

The Mayor will determine the order of the speakers. If 30 minutes is not adequate to accommodate all of the individuals who have submitted a Speaker Request Form to the City Clerk, the Council will trail this item to the end of the open session agenda. The remaining speakers will address the City Council at that time.

If anyone wishes to address the City Council on any item considered at this meeting before or during Council’s consideration of that item, please fill out a blue Speaker Request Form, located in the lighted alcoves at the back of the Council Chambers, and submit it to the City Clerk. The City Council will allocate up to a maximum of three minutes per speaker for each agenda item. Staff reports are available on-line at the City’s web site at www.cityofredding.org or in the Public View binder located on the podium at the north side of the Chambers.

PLEASE SILENCE YOUR CELL PHONES. THANK YOU.

Redding City Council April 18, 2023

4. CONSENT CALENDAR
The Consent Calendar contains items considered routine and/or which have been individually scrutinized by City Council Members and are anticipated to require no further deliberation. If a member of the public wishes to address an item on the Consent Calendar, please fill out a Speaker Request Form and submit it to the City Clerk before the Consent Calendar is considered. It shall be the prerogative of any Council Member, before the Consent Calendar is acted upon, to: (1) comment on an item; (2) respond to any public comment on an item; (3) request the record reflect an abstention or nay vote on an item; or (4) remove an item and place it on the Regular portion of the agenda for delivery of a staff report and/or an extended discussion or deliberation. 4(a). Accept City of Redding Accounts Payable Register No. 18; and Payroll Register No. 20.
4(b). Adopt Ordinance No. 2659, an ordinance of the City Council of the City of Redding, amending Title 11 (Vehicles and Traffic), Chapter 11.16 (One-Way Streets and Alleys) by amending Section 11.16.010 (Designated) to establish one-way directional traffic in the downtown core of the City of Redding.

4.1(a). Approve and authorize the following actions regarding the purchase of real property located at 2525 Tarmac Road (Property) (Assessor’s Parcel Number 109-280-056)
(1) Approve the Purchase and Sale Agreement with State Compensation Insurance Fund authorizing the purchase of 1.33 acres of property located at 2525 Tarmac Road for the construction of Fire Station 9 in east Redding with a purchase price based on an updated appraisal not to exceed $575,000;
(2) Authorize the Mayor to sign the purchase agreement and any additional documentation as necessary that does not affect the sales price to facilitate the purchase; and
(3) Direct staff to obtain a valuation appraisal of the property from a MAIdesignated Appraiser to support the sales price.

4.5(a). Authorize the following actions relative to Redding Electric Utility’s Fire Monitoring System Upgrade Projects at the Power Plant:
(1) Award Bid Schedule No. 5348 to BHP Requiem, Inc., in the amount of $160,000;
(2) Award Bid Schedule No. 5349 to Mike Murray Plumbing & Fire Protection in the amount of $97,249;
(3) Approve an additional $60,000 for project development and construction management costs and $32,751 for contingency;
(4) Authorize the City Manager to approve additional increases in either the contract administration or construction contingency amounts up to a total of $20,000 for a total project cost of $370,000; and
(5) Find that the project is categorically exempt from review under the California Environmental Quality Act Guidelines, per Section 15301(a), (b), (d) – Existing Facilities.

Redding City Council April 18, 2023

4.5(b). Authorize the following relative to a grant submittal to the U.S. Department of Energy’s Energy Efficiency and Conservation Block Grant Program:
(1) Authorize the Redding Electric Utility Director, or designee, to submit a grant application for $149,160 to fund a comprehensive City-wide Zero Emission Vehicle Replacement and Infrastructure Plan and prepare all documentation and informational sheets necessary for the Energy Efficiency and Conservation Block Grant Program with the U.S.

Department of Energy; and
(2) Authorize the Redding Electric Utility Director to sign and execute all documentation, including a funding agreement and any future amendments, to facilitate the grant should it be awarded.

4.6(b). Adopt Resolution proclaiming Friday, April 28, 2023, as Community Tree Planting Day, otherwise known as Arbor Day, in the City of Redding; and recognizing the Community Services Department Parks Division for receiving the Tree City U.S.A. Award, and the Redding Electric Utility for receiving the Tree Line U.S.A. Utility Award.

4.9(b). Authorize the following relative to the Boating Safety and Enforcement Equipment Grant:
(1) Authorize staff to submit an application for the Boating Safety and Enforcement Equipment Grant administered by the California Department of Parks and Recreation, Division of Boating and Waterways for an amount up to $130,000, with a potential match up to 25 percent or $35,500, to purchase a new boat for the Redding Police Department to use for enforcement and patrol; and
(2) Authorize the City Manager, or designee, to execute all documents necessary to apply for the grant, appropriate funds should the grant be awarded, and execute any agreements necessary to implement the grant if awarded.

4.11(a). Authorize and approve the following:
(1) Authorize the Mayor to execute an Agreement for Untreated Water Service to Lake Redding Golf Course (Agreement) with The McConnell Foundation. The agreement will require The McConnell Foundation to pay for all expenses associated with the operation and maintenance of the Union Pacific Railroad Pump House, including waterlines to the Lake Redding Golf Course; and
(2) Find that the action is exempt from review under the California Environmental Quality Act Guidelines (CEQA), per Section 15061(b)(3) – Common Sense Exemption.

4.11(b). Accept update regarding award of emergency construction contract for replacement of Storm Drain System on Eastside Road, and, in accordance with Public Contract Code Section 22050(c)(1), make a determination by a four-fifths vote that there is a need to continue the emergency work.

Redding City Council April 18, 2023

4.11(c). Approve the Fifth Amendment to Consulting and Professional Services Contract (C-7354) with Morrison Structures, Inc., in the amount of $194,125.32 for a total not-to-exceed fee of $646,219.33, for engineering services for the Canyon Road Bridge at ACID Canal Rehabilitation Project; and authorize the Mayor to execute the amendment.

4.11(d). Approve and authorize the Mayor to execute the Fourth Amendment to Consulting and Professional Services Contract (C-9021) with Stantec Consulting Services, Inc. (Stantec), in the amount of $32,735.40, for a total not-to-exceed fee of $224,464.40, for environmental services for the Stillwater Business Park Phase 2 Roadway Project; and authorize the City Manager to approve future contract amendments up to $30,000.

4.11(e). Authorize the following actions regarding Highway Bridge Program funding:
(1) Accept additional grant funds awarded to the City of Redding for the Eastside Road over Olney Creek Bridge Project (Project); and (2) Adopt Resolution approving and adopting the 85th Amendment to City Budget Resolution No. 2021-078 appropriating $867,600 for the project.

4.11(f). Authorize the following relative to the funding, design, permitting, and construction of the Boulder Creek Flood Protection and Natural Treatment Project:
(1) Approve the City of Redding as applicant for a Clean California Local Grant, Cycle 2, administered by the California Department of Transportation, requesting up to $2 million with no local match; (2) Approve the City of Redding as applicant for a Wildlife Conservation Board (WCB) Continuous Grant, administered by the California WCB requesting up to $2 million with no local match; and
(3) Authorize the City Manager, or designee, to execute all documents necessary to apply for the grant, and execute any agreements necessary to implement the project should the grant(s) be awarded.

4.11(g). Authorize the following actions:
(1) Authorize the purchase of an Atlas Copco blower in the amount of $159,400 for the City of Redding Stillwater Wastewater Treatment Plant; and approve additional funding in an amount not-to-exceed $30,000 for shipping and handling, taxes, and start-up and commissioning services;
(2) Authorize the annual purchase of one additional blower per fiscal year for the subsequent four years until all original blowers are replaced with new Atlas Copco blowers, not to exceed $200,000 per fiscal year without additional approval; and
(3) Authorize the City Manager to execute the contracts and any subsequent documentation to finalize the purchases.

Redding City Council April 18, 2023

4.11(h). Authorize the following actions relative to the Agreement to Provide Reimbursement for the Oversizing of Wastewater Lift Station for the Rancho Industrial Park (Agreement) with Sherry Shufelberger, as trustee for the Alan and Sherry Shufelberger Revocable Trust, for the design and construction of the oversized sewer lift station and sewer collection system for the Rancho Industrial Park project:
(1) Approve the agreement in the amount not to exceed $368,515; (2) Authorize the City Manager to approve additional increases based on the construction bid amounts or change orders required during the course of construction up to a total of $60,000; and
(3) Find that the action is exempt from review under the California Environmental Quality Act Guidelines, per Section 15061(b)(3) – Common Sense Exemption.

4.11(i). Authorize the following actions relative to the License Agreement with Pacific Gas and Electric Company at 9787 Abernathy Lane (Assessor’s Parcel Number 109-040-049) to be used as a temporary construction staging area for a term beginning April 24, 2023, and terminating on July 31, 2023, with an option to extend on a month-to-month basis for up to three months:
(1) Approve and authorize the Public Works Director or designee to execute the License Agreement; and
(2) Find that this action is categorically exempt from environmental review under the California Environmental Quality Act Guidelines, per Section 15301 – Existing Facilities.

4.11(j). Authorize amending Purchase Order No. 115182 for Bid Schedule No. 5347, for the purchase of Cisco Water System Network Equipment for the City of Redding Water Utility, to Key Code Media for a new total cost not to exceed $250,000.

RECOMMENDATION: ACCEPT, ACKNOWLEDGE, ADOPT, APPROVE,
AND/OR AUTHORIZE ALL ITEMS ON THE CONSENT CALENDAR.

9. REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENTS,

BOARDS, COMMISSIONS AND COMMITTEES
City Manager

9.1(b). Consider submission of letter to the Bureau of Indian Affairs regarding a Fee-toTrust Application submitted by Redding Rancheria.

Recommendation:

Authorize the Mayor to sign a letter to the Bureau of Indian Affairs providing the requested information associated with the fee-to-trust application for property adjacent to the existing hotel and casino (APN 040-390-036).

Redding City Council April 18, 2023

9.1(c). Consider the sale of City-owned property located at 6550 Lockheed Drive (APN 054-280-008) to the County of Shasta.

Recommendation:

Approve the sale of City-owned property located at 6550 Lockheed Drive (APN 054- 280-008) to the County of Shasta; and provide direction relative to determination of terms and conditions of the sale.

Electric Utility

9.5(a). Amend and Extend REU Revolving Credit Agreement (C-8717) with US Bank Recommendation:

Approve the Amended and Restated Revolving Credit Agreement (C-8717) between US Bank National Association, the City of Redding, and the Redding Joint Powers Financing Authority for the benefit of Redding Electric Utility, extending the agreement until November 1, 2025, and reducing the annual cost to $75,000; and authorizing execution of documents by the City Manager and City Attorney, or designees, and the taking of all necessary actions relating thereto.

Community Services

9.6(a). Oral presentation providing an update on the Panorama Park Project and regarding demand for gymnasium facilities in the City of Redding.

Recommendation:

Informational item only.

10. COUNCIL TRAVEL REPORT(S)
City Council Member attendance at conference/meetings reimbursed at City expense. {Requirement of Assembly Bill 1234}
[A-050-060]
Information Only

11. SUGGESTIONS FROM COUNCIL MEMBERS RELATIVE TO POTENTIAL TOPICS

FOR FUTURE CITY COUNCIL MEETINGS

12. ADJOURNMENT
Redding City Council April 18, 2023

Pursuant to the Brown Act, non-confidential materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for inspection during normal business hours at the Office of the City Clerk, 3rd Floor, City Hall, 777 Cypress Avenue, Redding, California.

City Council Meetings will be televised live on Shasta Community Access Channels via Charter/Spectrum Cable channel 181, and will be rerun on Thursday at 12:30 p.m. during the week in which the meeting is held. Additionally, the meeting can be viewed online at the following: http://scac.cablecast.tv:8080/CablecastPublicSite/watch/4?channel=1. Video of the City Council meetings can also be viewed on the City’s web site at http://www.cityofredding.org/. Open the City’s meetings and agendas portal; Click on tab named "Meetings Videos" and select Redding City Council under “Available Archives 2023” select the desired date, then click on “video” to view the meeting.

In compliance with Title II of the Americans with Disabilities Act, the City of Redding will make available to persons with disabilities modifications or accommodations including auxiliary aids or services necessary to participate in public meetings. A person needing assistance should contact the Redding City Clerk by telephone at (530) 225-4447 or in person, or by mail at 777 Cypress Avenue, 3rd Floor, Redding, California 96001 at least three (3) working days in advance.

The City of Redding will ensure that no person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination under any of its projects, activities, services, or business opportunities on the basis of race, color, national origin, age, sex, or disability, as afforded by Title VI of the Civil Rights Act of 1964 and related statutes as amended. All persons, regardless of their citizenship status, are covered under this regulation.

Questions, complaints, or requests for accommodations or additional information may be forwarded to the ADA & Title VI Coordinator at 777 Cypress Avenue, Attn: Personnel Dept., Redding, California 96001, Phone (530) 225-4065.

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Accept City of Redding Accounts Payable Register No. 18; and Payroll Register No. 20.

Fiscal Impact
There is no fiscal impact to accepting the registers.

Alternative Action
The City Council could choose to not accept the registers and provide alternate direction to staff.

Background/Analysis
Attached are the Accounts Payable and Payroll Registers as follows:

Accounts Payable:
(1) Register Number 18 for the period March 18, 2023 – March 31, 2023, in the amount of $14,260,056.67.

Payroll:
(1) Register Number 20 for the period March 19, 2023 – April 1, 2023, in the amount of $3,993,236.86.

Environmental Review
This is not a project defined under the California Environmental Quality Act, and no further action is required.

Council Priority/City Manager Goals
• This agenda item is a routine operational item.

Attachments
MEETING DATE: April 18, 2023
ITEM NO. 4(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4(a)--City of Redding Accounts Payable and Payroll Registers.

Greg Robinett, Director of
Finance/City Treasurer
Packet Pg. 8
Report to Redding City Council April 13, 2023
Re: 4(a)--Accounts Payable and Payroll Registers Page 2 Accounts Payable Register No. 18 and Payroll Register No. 20 (available online) Packet Pg. 9
Packet Pg. 10
Attachment: Accounts Payable Register No. 18 and Payroll Register No. 20 (available online) (4(a)--Accounts Payable and Payroll Registers) Packet Pg. 11
Attachment: Accounts Payable Register No. 18 and Payroll Register No. 20 (available online) (4(a)--Accounts Payable and Payroll Registers) Packet Pg. 12
Attachment: Accounts Payable Register No. 18 and Payroll Register No. 20 (available online) (4(a)--Accounts Payable and Payroll Registers) Packet Pg. 13
Attachment: Accounts Payable Register No. 18 and Payroll Register No. 20 (available online) (4(a)--Accounts Payable and Payroll Registers) Packet Pg. 14
Attachment: Accounts Payable Register No. 18 and Payroll Register No. 20 (available online) (4(a)--Accounts Payable and Payroll Registers) Packet Pg. 15
Attachment: Accounts Payable Register No. 18 and Payroll Register No. 20 (available online) (4(a)--Accounts Payable and Payroll Registers) Packet Pg. 16
Attachment: Accounts Payable Register No. 18 and Payroll Register No. 20 (available online) (4(a)--Accounts Payable and Payroll Registers) Packet Pg. 17
Attachment: Accounts Payable Register No. 18 and Payroll Register No. 20 (available online) (4(a)--Accounts Payable and Payroll Registers) Packet Pg. 18
Attachment: Accounts Payable Register No. 18 and Payroll Register No. 20 (available online) (4(a)--Accounts Payable and Payroll Registers) Packet Pg. 19
Attachment: Accounts Payable Register No. 18 and Payroll Register No. 20 (available online) (4(a)--Accounts Payable and Payroll Registers) Packet Pg. 20
Attachment: Accounts Payable Register No. 18 and Payroll Register No. 20 (available online) (4(a)--Accounts Payable and Payroll Registers) Packet Pg. 21
Attachment: Accounts Payable Register No. 18 and Payroll Register No. 20 (available online) (4(a)--Accounts Payable and Payroll Registers) Packet Pg. 22
Attachment: Accounts Payable Register No. 18 and Payroll Register No. 20 (available online) (4(a)--Accounts Payable and Payroll Registers) Packet Pg. 23
Attachment: Accounts Payable Register No. 18 and Payroll Register No. 20 (available online) (4(a)--Accounts Payable and Payroll Registers) Packet Pg. 24
Attachment: Accounts Payable Register No. 18 and Payroll Register No. 20 (available online) (4(a)--Accounts Payable and Payroll Registers) Packet Pg. 25
Attachment: Accounts Payable Register No. 18 and Payroll Register No. 20 (available online) (4(a)--Accounts Payable and Payroll Registers) Packet Pg. 26
Attachment: Accounts Payable Register No. 18 and Payroll Register No. 20 (available online) (4(a)--Accounts Payable and Payroll Registers) Packet Pg. 27
Attachment: Accounts Payable Register No. 18 and Payroll Register No. 20 (available online) (4(a)--Accounts Payable and Payroll Registers) Packet Pg. 28
Attachment: Accounts Payable Register No. 18 and Payroll Register No. 20 (available online) (4(a)--Accounts Payable and Payroll Registers) Packet Pg. 29
Attachment: Accounts Payable Register No. 18 and Payroll Register No. 20 (available online) (4(a)--Accounts Payable and Payroll Registers) Packet Pg. 30
Attachment: Accounts Payable Register No. 18 and Payroll Register No. 20 (available online) (4(a)--Accounts Payable and Payroll Registers) Packet Pg. 31
Attachment: Accounts Payable Register No. 18 and Payroll Register No. 20 (available online) (4(a)--Accounts Payable and Payroll Registers) Packet Pg. 32
Attachment: Accounts Payable Register No. 18 and Payroll Register No. 20 (available online) (4(a)--Accounts Payable and Payroll Registers) Packet Pg. 33
Attachment: Accounts Payable Register No. 18 and Payroll Register No. 20 (available online) (4(a)--Accounts Payable and Payroll Registers) Packet Pg. 34
Attachment: Accounts Payable Register No. 18 and Payroll Register No. 20 (available online) (4(a)--Accounts Payable and Payroll Registers) Packet Pg. 35
Attachment: Accounts Payable Register No. 18 and Payroll Register No. 20 (available online) (4(a)--Accounts Payable and Payroll Registers)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Adopt Ordinance No. 2659, an ordinance of the City Council of the City of Redding, amending Title 11 (Vehicles and Traffic), Chapter 11.16 (One-Way Streets and Alleys) by amending Section 11.16.010 (Designated) to establish one-way directional traffic in the downtown core of the City of Redding.

Attachments
^Ordinance No. 2659
MEETING DATE: April 18, 2023
ITEM NO. 4(b)
FROM:
***APPROVED BY***
[email protected]
SUBJECT: 4(b)--Adopt Ordinance No. 2659, Amending Redding Municipal Code (RMC) Title 11 (Vehicles and Traffic), 11.16 (One-Way Streets and Alleys) Chuck Aukland, Public
Works Director
Packet Pg. 36

DRAFT NEW ORDINANCE
ORDINANCE NO. 2659
AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 11
(VEHICLES AND TRAFFIC), CHAPTER 11.16 (ONE-WAY STREETS
AND ALLEYS) BY AMENDING SECTION 11.16.010 (DESIGNATED) TO

ESTABLISH ONE WAY DIRECTIONAL TRAFFIC IN THE DOWNTOWN

CORE OF THE CITY OF REDDING
THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS:

Section 1. Title 11 (Vehicles and Traffic), Chapter 11.16 (One-Way Streets and Alleys), Section 11.16.010 is amended to read as follows:

11.16.010 - Designated.

It is unlawful at all times for the operator of a vehicle to drive such vehicle on the following streets and alleys except in the directions as indicated in this section:

A. Southbound in the Market-Pine alley, between Sacramento Street and Trinity Street:

B. Westbound on Butte Street, between Market Street and the California-Market alley; C. Northbound in the California-Market alley, between Tehama and Sacramento Street and Southbound from Trinity to Tehama Street;
D. Southbound on Railroad Avenue, between Yuba and Placer Streets; E. Southbound on Market Street, between Eureka Way and Yuba Street, and between Gold Street and Cypress Avenue;
F. Eastbound on Gold Street, between California and Market Streets; G. Eastbound on Tehama Street, between Market and Liberty Streets; H. Westbound on Shasta Street, between Continental and Market Streets; I. Northbound on Pine Street, between Cypress Avenue and Trinity Street; J. Southbound on California Street, between Tehama and Gold Streets; K. Westbound on Eureka Way, between Pine and Market Streets; L. Southbound in the Pine-East Street alley, between Yuba and Sacramento Streets.

First Reading: 4/4/23 CA
For Adoption: 4/18/23 5-0
CC Agenda Item 4(c)
Packet Pg. 37
Attachment: ^Ordinance No. 2659 (4(b)--Adopt Ordinance No. 2659 Amending RMC Title 11) Section 2. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any person or circumstance.

The City Council of the City of Redding hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable.

Section 3. The City of Redding finds that, pursuant to CEQA Guidelines sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment), the adoption of this Ordinance is therefore not subject to the provisions requiring environmental review. The ordinance will not increase traffic but serves only to redirect traffic which already exists.

I HEREBY CERTIFY that the foregoing ordinance was introduced by the City Council of the City of Redding at a regular meeting on the 4th day of April, 2023, and was duly read and adopted at a regular meeting on the ____ day of ________, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
_________________________________
MICHAEL DACQUISTO, Mayor
ATTEST: FORM APPROVED:
______________________________ __________________________________ PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney
Packet Pg. 38
Attachment: ^Ordinance No. 2659 (4(b)--Adopt Ordinance No. 2659 Amending RMC Title 11)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Approve and authorize the following actions regarding the purchase of real property located at 2525 Tarmac Road (Property) (Assessor’s Parcel Number 109-280-056) (1) Approve the Purchase and Sale Agreement with State Compensation Insurance Fund authorizing the purchase of 1.33 acres of property located at 2525 Tarmac Road for the construction of Fire Station 9 in east Redding with a purchase price based on an updated appraisal not to exceed $575,000;
(2) Authorize the Mayor to sign the purchase agreement and any additional documentation as necessary that does not affect the sales price to facilitate the purchase; and (3) Direct staff to obtain a valuation appraisal of the property from a MAI-designated Appraiser to support the sales price.

Fiscal Impact
The funding for the acquisition of 2525 Tarmac Road (Assessor’s Parcel Number 109-280-056) was allocated by the City Council (Council) in Spring 2022. Funding comes from the allocation the City of Redding (City) received as a result of the American Rescue Plan Act. Although there will be no additional General Fund impact for the acquisition of the property, the anticipated cost of the construction of the new fire station is a multi-million dollar project. The listed price of the property is $575,000.

Alternative Action
The Council may decline to authorize the purchase. This would require staff to find a less suitable alternative location to construct a new fire station.

Background/Analysis
In anticipation of future construction of Fire Station 9, staff identified potential properties to best MEETING DATE: April 18, 2023
ITEM NO. 4.1(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.1(a)--Approve Purchase Agreement to acquire a parcel of land for Fire Station 9 Janelle Galbraith, Economic
Development, Innovation &
Equity Manager
Packet Pg. 39
Report to Redding City Council April 12, 2023
Re: 4.1(a)--Approve Purchase Agreement to acquire a parcel of land for Fire Station 9 Page 2 meet the needs to provide equitable and efficient service to residents within this City service area. Of the potential properties, vacant land located at 2525 Tarmac Road (APN 109280056) was identified as the best option to provide service to residents in the central Redding corridor.

The property is owned by State Compensation Insurance Fund (SCIF) and is currently listed for sale with a sales price of $575,000.

The property under consideration is located adjacent to a gas station and already has curb, gutter, and sidewalks installed, thereby reducing infrastructure costs for development. The location is desirable as it already has access control with a traffic light that can be adjusted as necessary to meet the needs of emergency vehicle traffic.

An updated appraisal is a required condition of the sale. If the valuation of the land does not meet or exceed SCIF’s asking price of $575,000, the City has the option to cancel the transaction with no liability. A deposit of $20,000 will be submitted by the City upon execution of the purchase agreement that will be applied to the purchase price, but could be refunded in the event escrow does not close. A due diligence period of 180 days has been requested to consider surveys and property reports provided by the seller, with the option for two 30-day extensions with an additional refundable deposit of $5,000 for each extension.

The agreement has been reviewed and approved as to form by the City Attorney.

Environmental Review
This action is not a project as defined under the California Environmental Quality Act, and no further action is required. Environmental surveys will be completed as necessary as a condition of development and construction of the fire station.

Council Priority/City Manager Goals
• Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.” • Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
• Economic Development – “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.”
Attachments
Purchase and Sale Agreement
Packet Pg. 40
Packet Pg. 41
Attachment: Purchase and Sale Agreement (4.1(a)--Approve Purchase Agreement to acquire a parcel of land for Fire Station 9) Packet Pg. 42
Attachment: Purchase and Sale Agreement (4.1(a)--Approve Purchase Agreement to acquire a parcel of land for Fire Station 9) Packet Pg. 43
Attachment: Purchase and Sale Agreement (4.1(a)--Approve Purchase Agreement to acquire a parcel of land for Fire Station 9) Packet Pg. 44
Attachment: Purchase and Sale Agreement (4.1(a)--Approve Purchase Agreement to acquire a parcel of land for Fire Station 9) Packet Pg. 45
Attachment: Purchase and Sale Agreement (4.1(a)--Approve Purchase Agreement to acquire a parcel of land for Fire Station 9) Packet Pg. 46
Attachment: Purchase and Sale Agreement (4.1(a)--Approve Purchase Agreement to acquire a parcel of land for Fire Station 9) Packet Pg. 47
Attachment: Purchase and Sale Agreement (4.1(a)--Approve Purchase Agreement to acquire a parcel of land for Fire Station 9) Packet Pg. 48
Attachment: Purchase and Sale Agreement (4.1(a)--Approve Purchase Agreement to acquire a parcel of land for Fire Station 9) Packet Pg. 49
Attachment: Purchase and Sale Agreement (4.1(a)--Approve Purchase Agreement to acquire a parcel of land for Fire Station 9) Packet Pg. 50
Attachment: Purchase and Sale Agreement (4.1(a)--Approve Purchase Agreement to acquire a parcel of land for Fire Station 9) Packet Pg. 51
Attachment: Purchase and Sale Agreement (4.1(a)--Approve Purchase Agreement to acquire a parcel of land for Fire Station 9) Packet Pg. 52
Attachment: Purchase and Sale Agreement (4.1(a)--Approve Purchase Agreement to acquire a parcel of land for Fire Station 9) Packet Pg. 53
Attachment: Purchase and Sale Agreement (4.1(a)--Approve Purchase Agreement to acquire a parcel of land for Fire Station 9) Packet Pg. 54
Attachment: Purchase and Sale Agreement (4.1(a)--Approve Purchase Agreement to acquire a parcel of land for Fire Station 9) Packet Pg. 55
Attachment: Purchase and Sale Agreement (4.1(a)--Approve Purchase Agreement to acquire a parcel of land for Fire Station 9) Packet Pg. 56
Attachment: Purchase and Sale Agreement (4.1(a)--Approve Purchase Agreement to acquire a parcel of land for Fire Station 9) Packet Pg. 57
Attachment: Purchase and Sale Agreement (4.1(a)--Approve Purchase Agreement to acquire a parcel of land for Fire Station 9) Packet Pg. 58
Attachment: Purchase and Sale Agreement (4.1(a)--Approve Purchase Agreement to acquire a parcel of land for Fire Station 9) Packet Pg. 59
Attachment: Purchase and Sale Agreement (4.1(a)--Approve Purchase Agreement to acquire a parcel of land for Fire Station 9) Packet Pg. 60
Attachment: Purchase and Sale Agreement (4.1(a)--Approve Purchase Agreement to acquire a parcel of land for Fire Station 9) Packet Pg. 61
Attachment: Purchase and Sale Agreement (4.1(a)--Approve Purchase Agreement to acquire a parcel of land for Fire Station 9) Packet Pg. 62
Attachment: Purchase and Sale Agreement (4.1(a)--Approve Purchase Agreement to acquire a parcel of land for Fire Station 9) Packet Pg. 63
Attachment: Purchase and Sale Agreement (4.1(a)--Approve Purchase Agreement to acquire a parcel of land for Fire Station 9) Packet Pg. 64
Attachment: Purchase and Sale Agreement (4.1(a)--Approve Purchase Agreement to acquire a parcel of land for Fire Station 9) Packet Pg. 65
Attachment: Purchase and Sale Agreement (4.1(a)--Approve Purchase Agreement to acquire a parcel of land for Fire Station 9) Packet Pg. 66
Attachment: Purchase and Sale Agreement (4.1(a)--Approve Purchase Agreement to acquire a parcel of land for Fire Station 9) Packet Pg. 67
Attachment: Purchase and Sale Agreement (4.1(a)--Approve Purchase Agreement to acquire a parcel of land for Fire Station 9) Packet Pg. 68
Attachment: Purchase and Sale Agreement (4.1(a)--Approve Purchase Agreement to acquire a parcel of land for Fire Station 9) Packet Pg. 69
Attachment: Purchase and Sale Agreement (4.1(a)--Approve Purchase Agreement to acquire a parcel of land for Fire Station 9) Packet Pg. 70
Attachment: Purchase and Sale Agreement (4.1(a)--Approve Purchase Agreement to acquire a parcel of land for Fire Station 9) Packet Pg. 71
Attachment: Purchase and Sale Agreement (4.1(a)--Approve Purchase Agreement to acquire a parcel of land for Fire Station 9) Packet Pg. 72
Attachment: Purchase and Sale Agreement (4.1(a)--Approve Purchase Agreement to acquire a parcel of land for Fire Station 9)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Authorize the following actions relative to Redding Electric Utility’s Fire Monitoring System Upgrade Projects at the Power Plant:
(1) Award Bid Schedule No. 5348 to BHP Requiem, Inc., in the amount of $160,000; (2) Award Bid Schedule No. 5349 to Mike Murray Plumbing & Fire Protection in the amount of $97,249;
(3) Approve an additional $60,000 for project development and construction management costs and $32,751 for contingency;
(4) Authorize the City Manager to approve additional increases in either the contract administration or construction contingency amounts up to a total of $20,000 for a total project cost of $370,000; and
(5) Find that the project is categorically exempt from review under the California Environmental Quality Act Guidelines, per Section 15301(a), (b), (d) – Existing Facilities.

Fiscal Impact
This project was initially estimated at $130,000 during the development of the Redding Electric Utility’s (“REU” or “Utility”) Fiscal Year 2019-21 Biennial Budget, and funds were deposited into the Utility’s Major Maintenance Fund on July 1, 2020. Subsequently, REU retained a consultant to complete a design meeting of National Fire Protection Association (NFPA) requirements. Due to the project’s unique nature, it has been determined that two separate contractors/contracts are required to procure and install the equipment.

The funds required for the project, including contingency and extra work, are available in REU’s Major Maintenance Fund by delaying other projects that do not harm REU’s ability to provide safe and reliable power to its customers. Therefore, REU proposes using an additional $240,000 to complete the project for a total budget of $370,000. Replenishment and revision of the Major Maintenance Fund and funding plan will be included in REU’s Fiscal Year 2023-25 Biennial Budget request.

MEETING DATE: April 18, 2023
ITEM NO. 4.5(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.5(a)--Redding Power Plant Fire Monitoring System Upgrade Nick Zettel, Director of
Redding Electric Utility
Packet Pg. 73
Report to Redding City Council April 12, 2023
Re: 4.5(a)--Fire Monitoring System Upgrade for the Redding Power Plant Page 2 Cost Summary
Item Estimated Cost
Project Development Costs $50,000
Construction Contracts + Contingency $290,000
Contract Administration $10,000
Additional City Manager Authority $20,000
Total Project Costs $370,000
Project cost components are estimates, and some shifting of the project development, contract administration, and construction contingency funds may be necessary to balance the project within the approved budget.

Alternative Action
The City Council may choose not to award the bid or approve additional funds which would not permit the installation of a modern fire monitoring system at the Redding Power Plant, which is compliant with current standards.

Background/Analysis
Attached is a tabulation of bids received and opened on February 23, 2023, for the Redding Power Plant Fire Monitoring System Upgrade projects. The low bid for the Redding Power Plant Electrical Fire Monitoring System Upgrade project in the amount of $160,000 was received from BHP Requiem, Inc. The engineer’s estimate was $66,000. The low bid for the Redding Power Plant Mechanical Fire Monitoring System Upgrade project in the amount of $97,249 was received from Mike Murray Plumbing & Fire Protection. The engineer’s estimate was $100,000.

The fire monitoring system at the Redding Power Plant is obsolete. The Redding Power Plant insurance agents recommend updating the system to comply with current standards. To modernize the system, Systech Fire Protection was contracted to design a new system that would meet all NFPA requirements. After the design was completed, a Request for Proposals was published through Public Works, but no bids were received because there were no companies who could perform the mechanical and electrical portions of the scope.

Staff split the Request for Proposal into two parts, electrical and mechanical installations, and published two new separate Request for Proposals. Staff recommends awarding contracts to Mike Murray Plumbing & Fire Protection for the mechanical installation (Bid No. 5349) and to BHP Requiem, Inc. for the electrical installation (Bid No. 5348). The installation will meet all present NFPA regulations.

Packet Pg. 74
Report to Redding City Council April 12, 2023
Re: 4.5(a)--Fire Monitoring System Upgrade for the Redding Power Plant Page 3 Environmental Review
Staff has determined that the project is categorically exempt from review under the California Environmental Quality Act Guidelines, per Section 15301(a), (b), & (d) – Existing Facilities.

Class 1 exemptions include the operation, repair, maintenance, or minor alteration of existing facilities, structures, or equipment involving negligible or no expansion of use. The existing fire monitoring system will be upgraded to meet safety standards, and the project does not involve expansion of use. The project has been reviewed for sensitive resources such as threatened or endangered species or their habitats, sensitive vegetation communities, tribal lands, or tribal cultural resources. The project has no potential to have a significant effect on the environment.

Council Priority/City Manager Goals
• Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.” Attachments
^Redding Clear Creek Power Plant Location Map
^Notice of Exemption
Bid Tabulation BS No. 5348
Bid Tabulation BS No. 5349
Packet Pg. 75
Packet Pg. 76
Attachment: ^Redding Clear Creek Power Plant Location Map (4.5(a)--Fire Monitoring System Upgrade for the Redding Power Plant) Packet Pg. 77
Attachment: ^Notice of Exemption (4.5(a)--Fire Monitoring System Upgrade for the Redding Power Plant) Packet Pg. 78
Attachment: Bid Tabulation BS No. 5348 (4.5(a)--Fire Monitoring System Upgrade for the Redding Power Packet Pg. 79
Attachment: Bid Tabulation BS No. 5349 (4.5(a)--Fire Monitoring System Upgrade for the Redding Power

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Authorize the following relative to a grant submittal to the U.S. Department of Energy’s Energy Efficiency and Conservation Block Grant Program:
(1) Authorize the Redding Electric Utility Director, or designee, to submit a grant application for $149,160 to fund a comprehensive City-wide Zero Emission Vehicle Replacement and Infrastructure Plan and prepare all documentation and informational sheets necessary for the Energy Efficiency and Conservation Block Grant Program with the U.S.

Department of Energy; and
(2) Authorize the Redding Electric Utility Director to sign and execute all documentation, including a funding agreement and any future amendments, to facilitate the grant should it be awarded.

Fiscal Impact
The U.S. Department of Energy’s Energy Efficiency & Conservation Block Grant (EECBG) Program has allocated $149,160 to the City of Redding (City). Authorization to apply for EECBG Funds will have a minimal fiscal impact, as the City expects total project/program costs not to exceed the $149,160 award. The recommendation has no financial impact on the General Fund.

Alternative Action
The City Council may choose not to apply for the funds, or provide alternative direction to staff.

MEETING DATE: April 18, 2023
ITEM NO. 4.5(b)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.5(b)--Authorize the Submittal of a Grant Application to the U.S Department of Energy's Energy Efficiency and Conservation Block Grant Program Nick Zettel, Director of
Redding Electric Utility
Packet Pg. 80
Report to Redding City Council April 12, 2023
Re: 4.5(b)--Authorize Grant Application Seeking EECBG Program Funds Page 2 Background/Analysis
The pending Advanced Clean Fleet (ACF) Rule, issued by the California Air Resources Board, requires 50 percent of new medium and heavy-duty vehicles (MDV & HDV) to be zero-emission vehicles (ZEV), and 100 percent of new purchases must be ZEV starting in 2027. Some counties, such as Shasta, have a low-population exemption and are given an extension to 2027. However, at that time, 100 percent of new MDV/HDV public fleet purchases must be zero-emission.

The City currently has 229 fleet vehicles that will be potentially subject to the ACF Rule; 163 are scheduled to reach or surpass their life expectancy before the rule becomes effective in 2027.

Any MDV/HDV fleet replacement beyond January 1, 2027, must be 100 percent ZEV.

The U.S. Department of Energy, through the EECBG Program, made funds available to eligible local governments to cut carbon emissions, improve energy efficiency, and reduce energy use.

Staff intends to use the EECBG funds to hire Frontier Energy, Inc., to provide an implementable Fleet Replacement and Infrastructure Plan that will guide the City in complying with federal and state regulatory obligations and support the conversion of the City’s fleet to ZEV. The draft consulting and professional services contract is attached for reference. The City Attorney has reviewed and approved the Grant Pre-Award Sheet.

Environmental Review
This action is not a project as defined under the California Environmental Quality Act (CEQA), and no further action is required.

Council Priority/City Manager Goals
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
Attachments
EECBG Pre-Award_Information_Sheet
Frontier ZEV Contract
Packet Pg. 81

EECBG PROGRAM PRE-AWARD INFORMATION SHEET
Each Energy Efficiency and Conservation Block Grant (EECBG) Program recipient shall provide the following information on behalf of itself and all subrecipients and certify that the information is accurate and complete.

Recipients may choose to provide this information in whatever format they like, as this form is optional.

EECBG Program recipients representing local and tribal entities may select from two options: 1) a grant or 2) a voucher for technical assistance and/or equipment rebates. EECBG Program recipients choosing a grant must provide data requested in sections 1 through 8 below. EECBG Program recipients choosing a voucher may skip sections 4 through 7. Please submit this form to the EECBG Program Inbox: [email protected].

SECTION 1: CONTACT & LOCATION INFORMATION (All recipients) Recipient Name: Award Number:

UEI: DUNS
(if applicable):

Business Officer: BO Phone
Number/Email:

Principal
Investigator (PI):

PI Phone
Number/Email:

A. TYPE OF ORGANIZATION – Please indicate the type of organization of the Recipient by selecting one of the following:
☐ Local Government
☐ Tribal Government
☐ State
B. LOCATION AND CONGRESSIONAL DISTRICT
List the address and Congressional district(s) for the primary location where the grant will be performed.

Street Address:

City:

State:

Zip:

Congressional District(s):

SECTION 2: GRANT OR VOUCHER (All recipients)
EECBG Program recipients representing local and tribal entities must select whether to receive their EECBG Program award in the form of a grant or a voucher for technical assistance and/or equipment rebates. Please indicate your choice here. All States & Territories must select “Grant.” (Select one option) [response to this question is non-binding] ☐ Voucher for Technical Assistance
☐ Voucher for Equipment Rebate
☐ Voucher for both Technical Assistance and Equipment Rebate ☐ Grant
Packet Pg. 82
Attachment: EECBG Pre-Award_Information_Sheet (4.5(b)--Authorize Grant Application Seeking EECBG Program Funds)

SECTION 3: BUSINESS ASSURANCES (All recipients)
A. DISCLOSURE OF POTENTIAL IMPROPRIETIES
Below, please disclose if any of the following conditions exist. If the answer to any question (a) through (g) below is yes, provide a detailed explanation in an attachment to this form. a. Is the proposed Recipient, Subrecipient(s), or any of the Recipient’s or Subrecipient’s principals1 under
investigation for or charged with a covered offense2
?
☐ Yes
☐ No
b. Has the proposed Recipient, Subrecipient(s), or any of the Recipient’s or Subrecipient’s principals been convicted of a covered offense in the last five years or had a civil judgment rendered against them for one of those offenses in that time period?
☐ Yes
☐ No
c. Is the proposed Recipient, Subrecipient(s), or any of the Recipient’s or Subrecipient’s principals under investigation for potential violation of U.S. export control laws and regulations, or has the proposed Recipient, Subrecipient(s), or any of the Recipient’s or Subrecipient’s principals been convicted of any violations of U.S. export control laws and regulations? ☐ Yes
☐ No
d. Is the proposed Recipient or Subrecipient(s) under investigation for potential violations of the Drug-Free Workplace Act of 1988, or has the proposed Recipient or Subrecipient(s) been convicted of any violations of the Drug-Free Workplace Act of 1988?
☐ Yes
☐ No
e. Is the proposed Recipient, Subrecipient(s), or any of the Recipient’s or Subrecipient’s principals under investigation for research misconduct, or has the proposed Recipient, Subrecipient(s), or the Recipient’s or Subrecipient’s principals been convicted of research misconduct? ☐ Yes
☐ No
f. Has any Federal Agency recommended or initiated proceedings against the proposed Recipient, Subrecipient(s), or the Recipient’s or Subrecipient’s principals for suspension or debarment, or is the proposed Recipient, Subrecipient(s), or the Recipient’s or Subrecipient’s principals debarred, suspended, publicly banned from doing business with the Federal government, or otherwise declared ineligible from 1 For this form, “principal” means: (1) An officer, director, owner, partner, PI, or other person (as defined in 2 C.F.R. 180.95) within the Project Team with management or supervisory responsibilities related to this project and any resulting transaction; or (2) A consultant or other person, whether or not employed by the Recipient, Subrecipient, or their principals, or paid with Federal funds, who (a) is in a position to handle Federal funds, (b) is in a position to influence or control the use of those funds, or (c) occupies a technical or professional position capable of substantially influencing the development or outcome of an activity required to perform the transaction, including but not limited to, any Co-PIs.
2 For this form, “covered offenses” include: (1) Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction; (2) Violation of Federal or State antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; (3) Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; or (4) Commission of any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the Recipient’s present responsibility.

Packet Pg. 83
Attachment: EECBG Pre-Award_Information_Sheet (4.5(b)--Authorize Grant Application Seeking EECBG Program Funds)

receiving Federal Contracts, subcontracts or financial assistance? ☐ Yes
☐ No
g. Is the proposed Recipient or Subrecipient(s) delinquent on federal debt or insolvent or at risk of insolvency or have the proposed Recipient or Subrecipient(s) filed for bankruptcy in any domestic or foreign jurisdiction?
☐ Yes
☐ No
B. POTENTIAL CONFLICTS OF INTEREST

1. Financial Conflicts of Interest. The Recipient must disclose in writing any managed or unmanageable financial conflicts of interest involving a member of the project team (i.e., Investigators) and include sufficient information to enable DOE to understand the nature and extent of the financial conflict, and to assess the appropriateness of the non-Federal entity's management plan. See Section V(b)(3) of the DOE Interim Conflict of Interest Policy. As part of this DOE funded project, does the recipient or any subrecipients have any managed or unmanageable financial conflicts of interest involving a member of the project team (i.e., Investigators)?
☐ No
☐ Yes. If yes, in a separate attachment, the Recipient must provide relevant disclosures/supporting documentation as required by the DOE Interim Conflict of Interest Policy Section V(b)(3).

C. Organizational Conflicts of Interest3
. The Recipient must disclose in writing any potential or actual organizational conflict of interest to DOE. See DOE Interim Conflict of Interest Policy Section VI and 2 CFR 200.318 for more information. As part of this DOE funded project, does the recipient or any subrecipients intend to engage in a procurement with a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe?
☐ No
☐ Yes. If yes, in a separate attachment, the Recipient must provide relevant disclosures/supporting documentation as required by the DOE Interim Conflict of Interest Policy Section VI. **Recipients choosing a voucher may skip to Section 8** SECTION 4: PAYMENT INFORMATION (Grant recipients only)
Provide (1) the awardee seven-digit ASAP (Automated Standard Application for Payment System) ID number that is under the DOE / Golden Field Office (GO) Agency Locator Code (ALC) and Region Code (#8900-0001-04) if available; (2) the name, phone number and email for the ASAP / Payments Contact Person; and (3) indicate whether the preferred payment method is by advance or reimbursement.
1) ASAP Number:
2) ASAP/Payments Contact Person:
3) The preferred payment method is:
3 Organizational Conflict of Interest means a situation where because of relationships with a parent company, affiliate, or subsidiary organization, the non-Federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. 2 CFR 200.318(c)(2).

Packet Pg. 84
Attachment: EECBG Pre-Award_Information_Sheet (4.5(b)--Authorize Grant Application Seeking EECBG Program Funds)

SECTION 5: PERFORMANCE AND FINANCIAL INFORMATION REQUEST (Grant recipients only) Before providing this information, please read the ADDITIONAL INFORMATION at the end of this form. Each field identified below must be completed.

1. Has the Recipient had prior Federal awards? ☐ Yes ☐ No If Yes:

Is the Recipient up to date on all reporting requirements on all other current and ☐ Yes ☐ No prior awards, including submitting acceptable final technical reports, with other Federal or non-Federal organizations? If you check No to this question, please attach an explanation.
2a. Has the Recipient had an independent Single Audit or independent Compliance ☐ Yes ☐ No Audit per Federal regulations, or had a prior Defense Contract Audit Agency (DCAA) Audit performed? (Please see attached instructions regarding Independent Audit requirements.) 2b. Has the Recipient undergone a Financial Audit within the last 3 years? ☐ Yes ☐ No If Yes to either 2a. or 2b.:
a. A copy of the audit is attached to this form. ☐ Yes ☐ No b. An electronic copy of the audit was provided with application package. ☐ Yes ☐ No An electronic copy of the audit can be found at
If audit was not provided, please explain why it has not been completed and/or provided:

3. Recipient’s fiscal year end date is
4a. Identify the Federal Agency providing the preponderance of funding from ALL Government Awards which the Recipient’s organization is/was the prime recipient, including any DOE Awards.

Provide Agency name, Cognizant Agency point of contact (individual in charge of negotiating billing rates), phone number, and e-mail.
(If the Recipient’s organization has a DCAA contact, please provide this information in 4(c) below):

Agency:

Point of Contact:

Phone/Email:
4b. DCAA Contact Information:

DCAA Office:

Point of Contact:

Phone/Email:

Packet Pg. 85
Attachment: EECBG Pre-Award_Information_Sheet (4.5(b)--Authorize Grant Application Seeking EECBG Program Funds)

SECTION 6: FINANCIAL MANAGEMENT SYSTEM – ACCOUNTING SYSTEM SURVEY (Grant recipients only)
To qualify for Financial Assistance, compliance with 2 CFR 200 as amended by 2 CFR 910 is required. This includes assurance of an adequate accounting system for estimating, accounting and billing for governmental funding received.

Please complete the checklist below as assurance of this requirement.

For additional information, please visit https://www.dcaa.mil. Please refer specifically to the “Pre-award Accounting System Adequacy Checklist” under CUSTOMERS-->Checklists and Tools.

Yes No NA

1. Is the Accounting System in accordance with Generally Accepted Accounting Principles applicable to the circumstances and associated applicable Federal regulations? ☐ ☐ ☐

2. Accounting System provides for:
a. Segregation of direct costs from indirect costs. ☐ ☐ ☐ b. Identification and accumulation of direct costs by project. ☐ ☐ ☐ c. A logical and consistent method for the allocation of indirect costs to intermediate and final cost objectives. (Project line items are final cost objective) ☐ ☐ ☐ d. Accumulation of costs under general ledger control. ☐ ☐ ☐ e. A timekeeping system that identifies employees’ labor by intermediate and final cost objective (i.e., project level, division level). ☐ ☐ ☐ f. A labor distribution system that charges direct and indirect labor to appropriate cost objectives. ☐ ☐ ☐
g. Interim (at least monthly) determination of costs charged to a project through routine posting of books of account. ☐ ☐ ☐
h. Excluding costs charged to Government projects which are not allowable in terms of FAR 31, Contract Cost Principles and Procedures, or other provisions. ☐ ☐ ☐ i. Identification of costs by project line item and by units (as if each unit or line item were a separate project) if required by the proposed award. ☐ ☐ ☐

3. Is the Accounting System designed, and are the records maintained in such a manner that adequate, reliable data are developed for use in developing cost proposals? ☐ ☐ ☐

4. Is the Accounting System currently in full operation? ☐ ☐ ☐ SECTION 7: REPRESENTATION/CERTIFICATION (Grant recipients only) Certification of the information is required by the organization’s authorized representative ☐ I certify that I have registered in the System for Award Management (SAM). ☐ I certify that I have registered in FedConnect.net in order to receive award documentation. ☐ I certify that all subrecipient cost information has been reviewed, and that all subrecipient costs are reasonable, allowable, and allocable in accordance with the applicable cost principles. All subrecipient budget documents should be available upon DOE request.

Packet Pg. 86
Attachment: EECBG Pre-Award_Information_Sheet (4.5(b)--Authorize Grant Application Seeking EECBG Program Funds)

☐ I certify that all direct costs proposed in the application (under the personnel, travel, equipment, supplies, contractual, construction, and/or other direct costs categories) are direct to the project and are not duplicated in the proposed indirect costs.
☐ I certify that the processes undertaken to solicit any subrecipients, subawards, subcontracts and vendors comply with our organization’s written procurement procedures as outlined in “Procurement Standards” 2 CFR 200.317 through 2 CFR 200.326 inclusive.
☐ I certify the Recipient:
(1) Has in effect an up-to-date, written, and enforced administrative process to identify and manage conflicts of interest with respect to all projects for which financial assistance funding is sought or received from DOE; (2) Shall promote and enforce Investigator compliance with DOE’s Interim Conflict of Interest (COI) Policy's requirements including those pertaining to disclosure of significant financial interests; (3) Shall manage financial conflicts of interest and provide initial and ongoing financial conflicts of interest reports to DOE;
(4) Agrees to make information available, promptly upon request, to DOE relating to any Investigator disclosure of financial interests and the Recipient’s review of, and response to, such disclosure, whether or not the disclosure resulted in the Recipient’s determination of a financial conflict of interest; and (5) Shall fully comply with the requirements of the DOE Interim COI Policy.

SECTION 8: SIGNATURES (All recipients)
I, the Authorization Official named below, represent by my signature that I am authorized to certify this information on behalf of the Recipient. I certify to the best of my knowledge and belief that the information contained in this PreAward Information Sheet is true, complete and accurate. I understand that any false, fictitious, or fraudulent information, misrepresentations, half-truths, or omissions of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (18 U.S.C. §§ 1001 and 287, and 31 U.S.C. 3729-3730 and 3801-3812). I further understand and agree that (1) the statements and representations made herein are material to DOE’s funding decision, and (2) I have a responsibility to update the disclosures during the period of performance of the award should circumstances change which impact the responses provided above.

Name:

Title:

Signature of Authorized
Official:

Date:

I, the Principal Investigator named below, certify to the best of my knowledge and belief that the information contained in this Pre-Award Information Sheet is true, complete and accurate. I understand that any false, fictitious, or fraudulent information, misrepresentations, half-truths, or omissions of any material fact may subject me to criminal, civil, or administrative penalties for fraud, false statements, false claims or otherwise. (18 U.S.C. §§ 1001 and 287, and 31 U.S.C. 3729-3730 and 3801-3812). I further understand and agree that (1) the statements and representations made herein are material to DOE’s funding decision, and (2) I have a responsibility to update the disclosures during the period of performance of the award should circumstances change which impact the responses provided above.

Name:

Packet Pg. 87
Attachment: EECBG Pre-Award_Information_Sheet (4.5(b)--Authorize Grant Application Seeking EECBG Program Funds)

Title:

Signature of Principal
Investigator:

Date:

Packet Pg. 88
Attachment: EECBG Pre-Award_Information_Sheet (4.5(b)--Authorize Grant Application Seeking EECBG Program Funds)

ADDITIONAL INFORMATION
This information will assist DOE in determining: 1) cognizance; 2) whether the Recipient has adequate internal financial and management controls; and 3) whether the Recipient has an adequate accounting system. Generally, cognizance means that an organization has a Federal oversight agency (cognizant agency). Cognizance of an organization is used for many purposes including: determining which agency is responsible for verifying correct allocation of indirect rates to incurred costs; issuing the Provisional and Final Indirect Rate Agreements; and ordering audits. Adequate internal controls and accounting systems are essential to ensure that the Recipient’s costs are correctly estimated, recorded, and billed. The Recipient has the responsibility to ensure that these systems are in place. The cognizant Agency has the responsibility for verifying these systems through audits or other methods.

For additional information, please visit https://www.dcaa.mil. Please refer specifically to the “Pre-award Accounting System Adequacy Checklist” under CUSTOMERS-->Checklists and Tools.

Cognizance is determined by TOTAL Federal award/contract dollars received by the Recipient/Contractor from all Federal agencies. This information is used to determine which Federal agency has the largest preponderance of funding and is cognizant. Once a Federal agency assumes cognizance for a contractor, it should remain cognizant for at least 5 years to ensure continuity and ease of administration.

Cognizance related duties are the responsibility of the Cognizant Federal Agency (CFA). The CFA is the Federal agency (e.g., Department of Defense, Department of Energy, Navy, etc.) that provided the preponderance (largest amount) of funding for your awards, across all federal agencies. It is very important to confirm that you work with the correct office.

General Rule of Thumb: Department of Health & Human Services (DHHS) is usually the CFA for Universities, Cities, States, and Counties. DHHS cognizance is not usually transferred.

If it is determined that the Department of Energy/Golden Field Office (GO) is the Cognizant Federal Office, the Recipient will have the following ANNUAL responsibilities:

1. Submit a Certified Annual Incurred Cost Claim (ICE Model – see #3 below) to the GO Cost/Price mailbox ([email protected]). This should represent the total organization's costs (representing the Company General Ledger), not just the Recipient’s DOE award(s).

2. Due Date: 180 days after the Recipient’s fiscal year end.

3. For an example of the ICE Model, please visit https://www.dcaa.mil. Under “CUSTOMERS->Checklists and Tools”, click on ICE (Incurred Cost Electronically) Model and download the ICE model.

Once the information is received, GO will have the responsibility of providing your organization with an annual indirect rate agreement. This indirect rate must be used on all Federal grants and contracts.

If it is determined that GO is not the Cognizant Federal Office, the Recipient should contact the Cognizant Office for additional instructions.

Packet Pg. 89
Attachment: EECBG Pre-Award_Information_Sheet (4.5(b)--Authorize Grant Application Seeking EECBG Program Funds)

ANNUAL AUDIT REQUIREMENTS
Independent (Single & Compliance) Audit Requirements
2 CFR 200, Section F located at:
http://www.ecfr.gov/cgi-bin/textidx?SID=6e187b05cfeca4f534c659f20983b14e&mc=true&node=pt2.1.200&rgn=div5 For-Profits: 2 CFR 910, Section F located at:
http://www.ecfr.gov/cgi-bin/text-idx?node=pt2.1.910&rgn=div5 Below are excerpts from Section F.

Audit requirements.
(a) Audit required. A non-Federal entity that expends $750,000 or more during the non-Federal entity's fiscal year in Federal awards must have a single (program-specific, not applicable for For-Profits) or compliance audit conducted for that year in accordance with the provisions of this part. (b) Single audit. A non-Federal entity that expends $750,000 or more during the non-Federal entity's fiscal year in Federal awards must have a single audit conducted in accordance with §200.514 - Scope of audit except when it elects to have a program-specific audit conducted in accordance with paragraph (c) of this section. (b) Compliance audit. (1) If a for-profit entity has one or more DOE awards with expenditures of $750,000 or more during the for-profit entity's fiscal year, they must have a compliance audit for each of the awards with $750,000 or more in expenditures. A compliance audit should comply with the applicable provisions in §910.514—Scope of Audit.

The remaining awards do not require, individually or in the aggregate, a compliance audit. (c) Program-specific audit election. (Not applicable to For-Profits). When an auditee expends Federal awards under only one Federal program (excluding R&D) and the Federal program's statutes, regulations, or the terms and conditions of the Federal award do not require a financial statement audit of the auditee, the auditee may elect to have a program-specific audit conducted in accordance with §200.507 Program-specific audits. A program-specific audit may not be elected for R&D unless all of the Federal awards expended were received from the same Federal agency, or the same Federal agency and the same pass-through entity, and that Federal agency, or pass-through entity in the case of a subrecipient, approves in advance a program-specific audit. (d) Exemption when Federal awards expended are less than $750,000. A non-Federal entity that expends less than $750,000 during the non-Federal entity's fiscal year in Federal awards is exempt from Federal audit requirements for that year, except as noted in §200.503 Relation to other audit requirements, but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity, and Government Accountability Office (GAO).
(e) Federally Funded Research and Development Centers (FFRDC). Management of an auditee that owns or operates a FFRDC may elect to treat the FFRDC as a separate entity for purposes of this part. (f) Subrecipients and Contractors. An auditee may simultaneously be a recipient, a subrecipient, and a contractor.

Federal awards expended as a recipient or a subrecipient are subject to audit under this part. The payments received for goods or services provided as a contractor are not Federal awards. Section §200.331 Subrecipient and contractor determinations sets forth the considerations in determining whether payments constitute a Federal award or a payment for goods or services provided as a contractor.

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(g) Compliance responsibility for contractors. In most cases, the auditee's compliance responsibility for contractors is only to ensure that the procurement, receipt, and payment for goods and services comply with Federal statutes, regulations, and the terms and conditions of Federal awards. Federal award compliance requirements normally do not pass through to contractors. However, the auditee is responsible for ensuring compliance for procurement transactions which are structured such that the contractor is responsible for program compliance or the contractor's records must be reviewed to determine program compliance. Also, when these procurement transactions relate to a major program, the scope of the audit must include determining whether these transactions are in compliance with Federal statutes, regulations, and the terms and conditions of Federal awards. (h) For-profit subrecipient. Since this part does not apply to for-profit subrecipients, the pass-through entity is responsible for establishing requirements, as necessary, to ensure compliance by for-profit subrecipients. The agreement with the for-profit subrecipient must describe applicable compliance requirements and the for-profit subrecipient's compliance responsibility. Methods to ensure compliance for Federal awards made to for-profit subrecipients may include pre-award audits, monitoring during the agreement, and post-award audits. See also §200.332 Requirements for pass-through entities.

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CITY OF REDDING

CONSULTING AND PROFESSIONAL SERVICES CONTRACT

THIS CONTRACT is made at Redding, California, by and between the City of Redding (“City”), a municipal corporation, and Frontier Energy, Inc. (“Consultant”) for the purpose of ZEV Fleet Replacement and Infrastructure Plan.

WHEREAS, City does not have sufficient personnel to perform the services required herein thereby necessitating this Contract for personal services.

NOW, THEREFORE, the Parties covenant and agree, for good consideration hereby acknowledged, as follows:

SECTION 1. CONSULTANT SERVICES
Subject to the terms and conditions set forth in this Contract, Consultant shall provide to City the services described in Exhibit A, attached and incorporated herein. Consultant shall provide the services at the time, place and in the manner specified in Exhibit A.

SECTION 2. COMPENSATION AND REIMBURSEMENT OF COSTS
A. City shall pay Consultant for services rendered pursuant to this Contract, at the times and in the manner set forth in Exhibit B, attached and incorporated herein, in a total amount not to exceed One-Hundred Twenty-Five Thousand and Nineteen dollars ($125,019). This sum includes all out-of-pocket travel, lodging and incidental expenses incurred by Consultant that are reasonably associated with the provision of services under this Contract. The payments specified herein shall be the only payments to be made to Consultant for services rendered pursuant to this Contract.

B. Consultant shall submit monthly invoices to City for work completed to the date of the invoice. All invoices shall be itemized to reflect the employees performing the requested tasks, the billing rate for each employee and the hours worked.

C. All correct, complete and undisputed invoices sent by Consultant to City shall be paid within thirty (30) calendar days of receipt.

SECTION 3. TERM AND TERMINATION
A. Consultant shall commence work on the date the contract is fully executed and complete said work no later than twelve months from the date of execution. Time is of the essence.

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B. If Consultant fails to perform its duties to the satisfaction of City, or if consultant fails to fulfill in a timely and professional manner its obligations under this Contract, then City shall have the right to terminate this Contract effective immediately upon City giving written notice thereof to Consultant.

C. Either Party may terminate this Contract without cnause on thirty (30) calendar days’ written notice. Notwithstanding the preceding, if the term set forth in Section 3.A. of this Contract exceeds ninety (90) calendar days in duration, Consultant’s sole right to terminate shall be limited to termination for cause.

D. Consultant hereby acknowledges and agrees that the obligation of City to pay under this Contract is contingent upon the availability of City’s funds which are appropriated or allocated by the City Council. Should the funding for the project and/or work set forth herein not be appropriated or allocated by the City Council, City may terminate this Agreement by furnishing at least thirty (30) calendar days’ written notice of its intention to terminate. In the event of a termination pursuant to this subdivision, Consultant shall not be entitled to a remedy of acceleration of payments due over the term of this Agreement. The Parties acknowledge and agree that the power to terminate described herein is required by Article 16, Section 18, of the California Constitution, and that constitutional provision supersedes any law, rule, regulation or statute which conflicts with the provisions of this Section.

E. In the event that City gives notice of termination, Consultant shall promptly provide to City any and all finished and unfinished reports, data, studies, photographs, charts or other work product prepared by Consultant pursuant to this Contract. City shall have full ownership, including, but not limited to, intellectual property rights, and control of all such finished and unfinished reports, data, studies, photographs, charts or other work product.

F. In the event that City terminates the Contract, City shall pay Consultant the reasonable value of services rendered by Consultant pursuant to this Contract; provided, however, that City shall not in any manner be liable for lost profits which might have been made by Consultant had Consultant completed the services required by this Contract. Consultant shall, not later than ten (10) calendar days after termination of this Contract by City, furnish to City such financial information as in the judgment of the City’s representative is necessary to determine the reasonable value of the services rendered by Consultant.

G. In no event shall the termination or expiration of this Contract be construed as a waiver of any right to seek remedies in law, equity or otherwise for a Party’s failure to perform each obligation required by this Contract.

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A. City shall make its facilities accessible to Consultant as required for Consultant’s performance of its services under this Contract, and, upon request of Consultant, provide labor and safety equipment as required by Consultant for such access.

B. Pursuant to the City’s business license ordinance, Consultant shall obtain a City business license prior to commencing work.

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

D. Consultant shall, during the entire term of this Contract, be construed to be an independent contractor and nothing in this Contract is intended, nor shall it be construed, to create an employer/employee relationship, association, joint venture relationship, trust or partnership or to allow City to exercise discretion or control over the professional manner in which Consultant performs under this Contract. Any and all taxes imposed on Consultant’s income, imposed or assessed by reason of this Contract or its performance, including but not limited to sales or use taxes, shall be paid by Consultant. Consultant shall be responsible for any taxes or penalties assessed by reason of any claims that Consultant is an employee of City. Consultant shall not be eligible for coverage under City’s workers’ compensation insurance plan, benefits under the Public Employee Retirement System or be eligible for any other City benefit.

E. No provision of this Contract is intended to, or shall be for the benefit of, or construed to create rights in, or grant remedies to, any person or entity not a party hereto.

F. No portion of the work or services to be performed under this Contract shall be assigned, transferred, conveyed or subcontracted without the prior written approval of City. Consultant may use the services of independent contractors and subcontractors to perform a portion of its obligations under this Contract with the prior written approval of City. Independent contractors and subcontractors shall be provided with a copy of this Contract and Consultant shall have an affirmative duty to assure that said independent contractors and subcontractors comply with the same and agree to be bound by its terms. Consultant shall be the responsible party with respect to all actions of its independent contractors and subcontractors, and shall obtain such insurance and indemnity provisions from its contractors and subcontractors as City’s Risk Manager shall determine to be necessary.

G. Consultant, at such times and in such form as City may require, shall furnish City with such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs or obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract.

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H. Consultant shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Contract and such other records as may be deemed necessary by City to assure proper accounting for all project funds. These records shall be made available for audit purposes to state and federal authorities, or any authorized representative of City.

Consultant shall retain such records for three (3) years after the expiration of this Contract, unless prior permission to destroy them is granted by City.

I. Consultant shall perform all services required pursuant to this Contract in the manner and according to the standards observed by a competent practitioner of Consultant’s profession. All products of whatsoever nature which Consultant delivers to City pursuant to this Contract shall be prepared in a professional manner and conform to the standards of quality normally observed by a person practicing the profession of Consultant and its agents, employees and subcontractors assigned to perform the services contemplated by this Contract.

J. All completed reports and other data or documents, or computer media including diskettes, and other materials provided or prepared by Consultant in accordance with this Contract are the property of City, and may be used by City. City shall have all intellectual property rights including, but not limited to, copyright and patent rights, in said documents, computer media, and other materials provided by Consultant. City shall release, defend, indemnify and hold harmless Consultant from all claims, costs, expenses, damage or liability arising out of or resulting from City’s use or modification of any reports, data, documents, drawings, specifications or other work product prepared by Consultant, except for use by City on those portions of the City’s project for which such items were prepared.

K. Consultant, including its employees, agents, and subconsultants, shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Contract. Consultant shall comply with all requirements of the Political Reform Act (Government Code § 8100 et seq.) and other laws relating to conflicts of interest, including the following: 1) Consultant shall not make or participate in a decision made by City if it is reasonably foreseeable that the decision may have a material effect on Consultant’s economic interest, and 2) if required by the City Attorney, Consultant shall file financial disclosure forms with the City Clerk.

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SECTION 5. INSURANCE
A. Unless modified in writing by City’s Risk Manager, Consultant shall maintain the following noted insurance during the duration of the Contract:

Coverage Required Not Required
Commercial General Liability x
Comprehensive Vehicle Liability x
Workers’ Compensation and Employers’ Liability x
Professional Liability (Errors and Omissions) x
(Place an “x” in the appropriate box)
B. Coverage shall be at least as broad as:

1. Insurance Services Office form number CG-0001, Commercial General Liability Insurance, in an amount not less than $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury, personal injury and property damage;

2. Insurance Services Office form number CA-0001 (Ed. 1/87), Comprehensive Automobile Liability Insurance, which provides for total limits of not less than $1,000,000 combined single limits per accident applicable to all owned, non-owned and hired vehicles;

3. Statutory Workers’ Compensation required by the Labor Code of the State of California and Employers' Liability Insurance in an amount not less than $1,000,000 per occurrence. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents and volunteers;

4. Professional Liability (Errors and Omissions) Insurance, appropriate to Consultant’s profession, against loss due to error or omission or malpractice in an amount not less than $1,000,000.

5. The City does not accept insurance certificates or endorsements with the wording “but only in the event of a named insured’s sole negligence” or any other verbiage limiting the insured’s insurance responsibility.

C. Any deductibles or self-insured retentions must be declared to and approved by City.

At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected officials, officers, employees, agents and volunteers; or the Consultant shall procure a bond Packet Pg. 96
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guaranteeing payment of losses and related investigations, claims administration and defense expenses.

D. The General Liability shall contain or be endorsed to contain the following provisions:

1. City, its elected officials, officers, employees, and agents are to be covered as additional insured as respects liability arising out of work or operations performed by or on behalf of Consultant; premises owned, leased or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant.

The coverage shall contain no special limitations on the scope of protection afforded to City, its elected officials, officers, employees, agents and volunteers.

2. The insurance coverage of Consultant shall be primary insurance as respects City, its elected officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by City, its elected officials, officers, employees, agents and volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

3. Coverage shall state that the insurance of Consultant shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

4. Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be canceled except after thirty (30) calendar days' prior written notice has been given to City. In addition, Consultant agrees that it shall not reduce its coverage or limits on any such policy except after thirty (30) calendar days’ prior written notice has been given to City.

E. Insurance is to be placed with insurers with a current A.M.Best’s rating of no less than A-VII.

F. Consultant shall designate the City of Redding as a Certificate Holder of the insurance. Consultant shall furnish City with certificates of insurance and original endorsements effecting the coverages required by this clause. Certificates and endorsements shall be furnished to: Risk Management Department, City of Redding, 777 Cypress Avenue, Redding, CA 96001. The certificates and endorsements for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City’s Risk Manager prior to the commencement of contracted services. City may withhold payments to Consultant if adequate certificates of insurance and endorsements required have not been provided, or not been provided in a timely manner.

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G. The requirements as to the types and limits of insurance coverage to be maintained by Consultant as required by Section 5 of this Contract, and any approval of said insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Consultant pursuant to this Contract, including, without limitation, provisions concerning indemnification.

H. If any policy of insurance required by this Section is a “claims made” policy, pursuant to Code of Civil Procedure § 342 and Government Code § 945.6, Consultant shall keep said insurance in effect for a period of eighteen (18) months after the termination of this Contract.

I. If any damage, including death, personal injury or property damage, occurs in connection with the performance of this Contract, Consultant shall immediately notify City’s Risk Manager by telephone at (530) 225-4068. No later than three (3) calendar days after the event, Consultant shall submit a written report to City’s Risk Manager containing the following information, as applicable: 1) name and address of injured or deceased person(s); 2) name and address of witnesses; 3) name and address of Consultant’s insurance company; and 4) a detailed description of the damage and whether any City property was involved.

SECTION 6. INDEMNIFICATION AND HOLD HARMLESS
A. Consistent with California Civil Code § 2782.8, when the services to be provided under this Contract are design professional services to be performed by a design professional, as that term is defined under Section 2782.8, Consultant shall, to the fullest extent permitted by law, indemnify protect, defend and hold harmless, City, its elected officials, officers, employees, and agents, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, penalties and expenses (including, but not limited to, reasonable attorney’s fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs, and investigation costs) of every type and description to which any or all of them may be subjected by reason of, or resulting from, directly or indirectly, the negligence, recklessness, or willful misconduct of Consultant, its officers, employees or agents in the performance of professional services under this Contract, except when liability arises due to the sole negligence, active negligence or misconduct of the City.

B. Other than in the performance of professional services by a design professional, which is addressed solely by subdivision (A) of this Section, and to the fullest extent permitted by law, Consultant shall indemnify protect, defend and hold harmless, City, its elected officials, officers, employees, and agents, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, penalties and expenses (including, but not limited to, reasonable attorney’s fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs, and investigation costs) of every type and description to which any or all of them may be subjected by reason of the performance of the services required under this Contract by Consultant its officers, employees or agents in the performance of professional Packet Pg. 98
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services under this Contract, except when liability arises due to the sole negligence, active negligence or misconduct of the City.

C. The Consultant’s obligation to defend, indemnify and hold harmless shall not be excused because of the Consultant’s inability to evaluate liability. The Consultant shall respond within thirty (30) calendar days to the tender of any claim for defense and indemnity by the City, unless this time has been extended in writing by the City.

If the Consultant fails to accept or reject a tender of defense and indemnity in writing delivered to City within thirty (30) calendar days, in addition to any other remedy authorized by law, the City may withhold such funds the City reasonably considers necessary for its defense and indemnity until disposition has been made of the claim or until the Consultant accepts or rejects the tender of defense in writing delivered to the City, whichever occurs first. This subdivision shall not be construed to excuse the prompt and continued performance of the duties required of Consultant herein.

D. The obligation to indemnify, protect, defend, and hold harmless set forth in this Section applies to all claims and liability regardless of whether any insurance policies are applicable. The policy limits of said insurance policies do not act as a limitation upon the amount of indemnification to be provided by Contractor.

E. City shall have the right to approve or disapprove the legal counsel retained by Consultant pursuant to this Section to represent City’s interests. City shall be reimbursed for all costs and attorney's fees incurred by City in enforcing the obligations set forth in this Section.

SECTION 7. CONTRACT INTERPRETATION, VENUE AND ATTORNEY FEES A. This Contract shall be deemed to have been entered into in Redding, California. All questions regarding the validity, interpretation or performance of any of its terms or of any rights or obligations of the parties to this Contract shall be governed by California law. If any claim, at law or otherwise, is made by either party to this Contract, the prevailing party shall be entitled to its costs and reasonable attorneys' fees.

B. This document, including all exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding each may have had prior to the execution of this Contract. This Contract shall not be altered, amended or modified except by a writing signed by City and Consultant. No verbal agreement or conversation with any official, officer, agent or employee of City, either before, during or after the execution of this Contract, shall affect or modify any of the terms or conditions contained in this Contract, nor shall any such verbal agreement or conversation entitle Consultant to any additional payment whatsoever under the terms of this Contract.

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C. No covenant or condition to be performed by Consultant under this Contract can be waived except by the written consent of City. Forbearance or indulgence by City in any regard whatsoever shall not constitute a waiver of the covenant or condition in question. Until performance by Consultant of said covenant or condition is complete, City shall be entitled to invoke any remedy available to City under this Contract or by law or in equity despite said forbearance or indulgence.

D. If any portion of this Contract or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Contract shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

E. The headings in this Contract are inserted for convenience only and shall not constitute a part hereof. A waiver of any party of any provision or a breach of this Contract must be provided in writing, and shall not be construed as a waiver of any other provision or any succeeding breach of the same or any other provisions herein.

F. Each Party hereto declares and represents that in entering into this Contract, it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each Party further declares and represents that this Contract is made without reliance upon any statement or representation not contained herein of any other Party or any representative, agent or attorney of the other Party. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this Contract and that the decision of whether or not to seek the advice of counsel with respect to this Contract is a decision which is the sole responsibility of each of the Parties. Accordingly, no party shall be deemed to have been the drafter hereof, and the principle of law set forth in Civil Code § 1654 that contracts are construed against the drafter shall not apply.

G. Each of the Parties hereto hereby irrevocably waives any and all right to trial by jury in any action, proceeding, claim or counterclaim, whether in contract or tort, at law or in equity, arising out of or in any way related to this Agreement or the transactions contemplated hereby. Each Party further waives any right to consolidate any action which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived.

H. In the event of a conflict between the term and conditions of the body of this Contract and those of any exhibit or attachment hereto, the terms and conditions set forth in the body of this Contract proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by City shall prevail over those prepared by Consultant.

SECTION 8. SURVIVAL
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The provisions set forth in Sections 3 through 7, inclusive, of this Contract shall survive termination of the Contract.

SECTION 9. COMPLIANCE WITH LAWS - NONDISCRIMINATION
A. Consultant shall comply with all applicable laws, ordinances and codes of federal, state and local governments.

B. In the performance of this Contract, Consultant shall not discriminate against any employee or applicant for employment because of race, color, ancestry, national origin, religious creed, sex, sexual orientation, disability, age, marital status, political affiliation, or membership or nonmembership in any organization. Consultant shall take affirmative action to ensure applicants are employed and that employees are treated during their employment without regard to their race, color, ancestry, national origin, religious creed, sex, sexual orientation, disability, age, marital status, political affiliation, or membership or nonmembership in any organization. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training.

SECTION 10. REPRESENTATIVES
A. City’s representative for this Contract is Candice De Lello, email is [email protected], telephone number (530) 339-7350, fax number (530) 245-7010. All of Consultant’s questions pertaining to this Contract shall be referred to the above-named person, or to the representative's designee.

B. Consultant’s representative for this Contract is Chris White, email is [email protected], telephone number (916) 371-2899, fax number (510) 291-9595. All of City’s questions pertaining to this Contract shall be referred to the above-named person.

C. The representatives set forth herein shall have authority to give all notices required herein.

SECTION 11. NOTICES
A. All notices, requests, demands and other communications hereunder shall be deemed given only if in writing signed by an authorized representative of the sender (may be other than the representatives referred to in Section 10) and delivered by facsimile, with a hard copy mailed first class, postage prepaid; or when sent by a courier or an express service guaranteeing overnight delivery to the receiving party, addressed to the respective parties as follows:

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To City:

Candice De Lello
Associate Resource Planner – REU
P.O. Box 496071
Redding, CA 96049-6071
To Consultant:

Chris White
Transportation Director – Frontier Energy
3300 Industrial Blvd., Suite 1000
West Sacramento, CA 95691
B. Either party may change its address for the purposes of this paragraph by giving written notice of such change to the other party in the manner provided in this Section.

C. Notice shall be deemed effective upon: 1) personal service; 2) two calendar days after mailing or transmission by facsimile, whichever is earlier.

SECTION 12. AUTHORITY TO CONTRACT
A. Each of the undersigned signatories hereby represents and warrants that they are authorized to execute this Contract on behalf of the respective parties to this Contract; that they have full right, power and lawful authority to undertake all obligations as provided in this Contract; and that the execution, performance and delivery of this Contract by said signatories has been fully authorized by all requisite actions on the part of the respective parties to this Contract.

B. When the Mayor is signatory to this Contract, the City Manager and/or the Department Director having direct responsibility for managing the services provided herein shall have authority to execute any amendment to this Contract which does not increase the amount of compensation allowable to Consultant or otherwise substantially change the scope of the services provided herein.

SECTION 13. DATE OF CONTRACT
The date of this Contract shall be the date it is signed by City.

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IN WITNESS WHEREOF, City and Consultant have executed this Contract on the days and year set forth below:

CITY OF REDDING,
A Municipal Corporation
Dated: ___________, 20____ __________________________________ By: NICHOLAS ZETTEL
Director of Redding Electric Utility
ATTEST: APPROVED AS TO FORM:

BARRY E. DeWALT
City Attorney
__________________________________ ___________________________________ PAMELA MIZE, City Clerk By:

CONSULTANT
Frontier Energy, Inc.

Dated: ___________, 20____ ___________________________________ By: JEREMY SPRINGER
CFO, Frontier Energy, Inc.

Tax ID No.:_94-2802034______________

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EXHIBIT A
Scope of Work
In coordination with City of Redding staff, Frontier Energy and DKS Associates will draft a 12-year transition plan (through 2035) for the City’s fleet.

To create the vehicle replacement plan, we work collaboratively with City staff and department heads (as desired) to evaluate current vehicles’ use and suitability to task. The Frontier team can identify vehicles that appear to have low use and those that seem mismatched to the task so that staff can make decisions about consolidating vehicles, rightsizing makes and models, or retiring vehicles without replacement. For example, one fleet client is replacing some Chevy Tahoe SUVs with Chevy Bolts when we learned that the department preferred smaller cars that were easier to park.

We will develop a 12-year one-to-one vehicle replacement plan based on the City’s desired strategy:
oldest vehicles first, greatest GHG reduction, best operational savings, regulatory compliance, etc. The plan will be specific through 2026 (recommend makes and models), and broader after 2026 (recommend replacements by class and body style) to accommodate additional EV availability. For vehicles that are not feasible for EV transition, the team can recommend low- and zero-emission options like hydrogen fuel cells, low-NOx engines with renewable natural gas, and battery assist devices like power takeoffs (PTOs) and auxiliary power units (APUs) and, if needed, provide justifications that ACF may require.

The replacement plan will clearly address a strategy for compliance with Advanced Clean Fleet and other current and proposed clean vehicle regulations that the City may need to comply with.

The Frontier Team uses the replacement schedule to calculate energy demand for charging and alternative fuels, and then identifies the fueling/charging infrastructure required to transition the fleet in a costeffective manner, maintains fleet readiness and responsiveness, and support additional vehicles as the City add services for its constituents.

The plan includesrecommendationsfor system design, installation, and operation that include:
• A procurement and build-outschedule that includesthe long lead timesforfunding, ZEVs, infrastructure, and utility upgrades
• Futureproofing to reduce costs and take advantage of emerging vehicles and fueling/charging technologies, as well as a growing city and increase in city services • Compliance with all California Building Codes, City reach codes, and City zoning codes, including ADA compliance.
• Compliance with California’s Clean Vehicle Regulations • Charging strategies that can decrease capital and operating costs while maintaining service levels, which may include charging take-home fleet vehicles, shared charging stations, and opportunity charging that is shared with the public. • Leveraging regional hydrogen plans when feasible.

Packet Pg. 104 Attachment: Frontier ZEV Contract (4.5(b)--Authorize Grant Application Seeking EECBG Program Funds) Frontier Energy – City of Redding ZEV Fleet Replacement and Infrastructure Plan Page 2 of 6 Task 1: Vehicle Analysis and Replacement
• Gather and validate vehicle data
• Identify market-ready ZEVs that consider the City’s daily drivers, use cases, duty cycles, age of existing fleets, emergency operations, mutual aid provisions, and unique challenges
• Identify pathwaysfor Advanced Clean Fleet compliance from available draft language o Update pathwaysif the draft regulation changes
• Estimate electrical demand for replacement EVs at each facility o Estimate hydrogen demand as applicable
• Create a vehicle replacement plan based on the City’s selected strategy and make available on an interactive digital dashboard
Task 2: Infrastructure Requirements
• Review fleet domicile facility electrical drawings to determine potential constraints and data gaps
• Review inventory of existing charging stations used forfleet, employees, and visitors • Interview facility staff for information about needs and plans for facility changes • Review utility bills(12 months) to determine actual electrical consumption at each facility • Calculate available electrical capacity for each facility and estimate coststo upgrade Task 3: Charging Strategies
• Evaluate charging strategies that include dedicated, shared, and mobile charging stations; load management and balancing to reduce demand and peak charges; and opportunity charging that may be shared with employees and/or the public • Identify the numbers and types of EV chargers needed at each facility • Determine optimal locationsfor installing charging stations at each facility • Conduct field visits to inspect existing conditions and infrastructure needs at each location for fleet charging to identify electrical system upgrades needed for each location and/or system upgrades needed to support other identified fuel supply equipment.
• Coordinate with Redding’s Electric Department about new, upgraded, or planned electrical infrastructure for EV chargers.
• Identify opportunities for hydrogen stations and hydrogen production that coordinates with other hydrogen station plans in Shasta County and with the Megaregion project
• Identify optionsfor back-up power
• Add information to an interactive digital dashboard
Packet Pg. 105 Attachment: Frontier ZEV Contract (4.5(b)--Authorize Grant Application Seeking EECBG Program Funds) Frontier Energy – City of Redding ZEV Fleet Replacement and Infrastructure Plan Page 3 of 6 Task 4: Projected Costs and Sources of Revenue
• Estimate capital costs for vehicles, multiple EV charging project components, and hydrogen production and dispensing (overall costs and cost breakdown by department)
• Estimate operating costsof vehicles, EVcharging stations, and hydrogen fuel (overall costs and cost breakdown by department)
• Identify barriersto electrification, including hydrogen • Summarize available and anticipated grants and incentives, and project funding strategies that include chargeback methods
• Summarize owner/operator modelsfor EV charging stations and hydrogen stations • Develop a financial strategy for implementation
• Add coststo an interactive digital dashboard
Task 5: Policies, Training, and Technology
• Review existing procurement and vehicle use policies and recommend updates that can include:
o Trip length for EVs
o Cost allocations(chargeback to departments)
o Reimbursement for home or public charging of fleet EVs o When to plug in
o Processes for reporting technical problems and lodging and resolving driver complaints
o Policiesfor chargers that are shared with employees and/or the fleet o Processfor onboarding new ZEV drivers
• Identify training needs and optionsfor training
o Maintenance training provided by vendors
o Data collection training provided by vendors
o Driver onboarding training provided by vendors
o Gaps in vendor-training that the City may need to source • Identify data needs and technology options
o Identify software that the City already uses that can be used with ZEVs o Identify data and technology gaps and best practices from similar fleets Task 6: Phased Master Plan
The Master Plan will address:
• A fleet replacement plan and procurement schedule for light- medium- and heavy-duty on road vehicles that considers Redding’s unique use cases and compliance with pending regulations for ZEV adoption.
• Siting and preliminary assessment that include the number, type, and location of EV charging stations needed to support full fleet electrification and, if applicable, recommend alternatives that may include other fuels, like hydrogen or carbon-negative renewable natural gas.

Packet Pg. 106 Attachment: Frontier ZEV Contract (4.5(b)--Authorize Grant Application Seeking EECBG Program Funds) Frontier Energy – City of Redding ZEV Fleet Replacement and Infrastructure Plan Page 4 of 6 • A recommended roll-out schedule, by department, for charging station deployment that pairs charging with vehicle arrival and minimizes construction costs. • Strategies to reduce operating costs that may include third-party software, different vehicle domiciles, shared charging stations, building retrofits to improve site efficiency, and others.
• Capital costs for vehicles, charging stations, and infrastructure by location and by department and by phase, and potential incentives and grants. This can include staffing costs.
• Operating costs for vehicles, charging stations, and staff by location and by department; potential charge-back and revenue opportunities; and a charging plan with cost assessments of electric bills.
• Backup systems that can provide resiliency for EV charging and mission-critical operations. • Data and information that the City wants to collect and analyze to improve operations and data collection and reporting that grants and incentives require, including utility data sharing agreements. Software systems and training needed to support data collection, reporting, and management.
• Best practices for charging station use, which may include sharing EVSEs with employees and public,training for drivers and maintenance staff, and communications with staff and residents about the EV transition.

Task 0: Project Management
• Pre-kick-off and kick-off meetings
• Stakeholder engagement
• Project meetings
• Reporting and invoicing
Deliverables
• Policies and Procedures and Operation Models
• Draft and Final Phased Master Plan in PDF format
• Summary PowerPoint Presentation and presentation to City leadership or other interested party
• Interactive Digital Dashboard: Using the outputs from all tasks, the Frontier team will provide a roadmap for project implementation by phase—blocks of years that we will define with City staff. The roadmap will be specific in the early years and more general in later years to allow for flexibility for technology innovation, and will be based on projected EV industry trends, Redding’s fleet vehicle replacement schedules, available incentives, the lead time for infrastructure, and City budget constraints.

The digital dashboard is on a password-protected website that the City has access to after the project. Users can filter recommendations by department, location, and year and can change the implementation timeline to see the cost and GHG effects of speeding up and Packet Pg. 107 Attachment: Frontier ZEV Contract (4.5(b)--Authorize Grant Application Seeking EECBG Program Funds) Frontier Energy – City of Redding ZEV Fleet Replacement and Infrastructure Plan Page 5 of 6 slowing down implementation.

Optional tasks for additional on-call fees
• System design documentsthat the City can use for RFPs or quotes from certified installers • Support for applying for funding from local, state, and federal grant and rebate programs • Survey design and administration for employees and/or the public • Master planning for public charging stations
• Technicalsupport for procuring ZEVs and charging stations Lead Staff
Name Title Expertis
e
Hourly
Rate
Thomas
Paddon
Project Manager Fleet transition planning, project management $153 Gurbir Antaal Senior Engineer Engineering support and technical expertise $170 Mary Cvetan Sr. Program
Coordinator Project coordination $112
Chris White Director ACF Compliance $281
Keith Malone Program Manager Hydrogen stations, Shasta County regional ZEV plans
$165
Frontier Energy and DKS Associates each have more than 150 expert staff that will support this project with specific knowledge and skills.

Packet Pg. 108 Attachment: Frontier ZEV Contract (4.5(b)--Authorize Grant Application Seeking EECBG Program Funds) Frontier Energy – City of Redding ZEV Fleet Replacement and Infrastructure Plan Page 6 of 6 Cost Proposal
The team of Frontier Energy and DKS Associates propose a not-to-exceed amount based on five months of work. The budget is the same terms and rates as our existing municipal contracts and includes expenses to be charged to perform the services proposed to accomplish the objectives of the RFP.

Subtotals are presented by task. Frontier requests the flexibility to invoice on a project basis and not a task basis.

Task Task Total
Labor
Project Management $ 10,961
Task 1 Vehicle Analysis and Replacement $ 28,084
Task 2 Infrastructure Requirements $ 11,636
Task 3 Charging Strategies $ 13,139
Task 4 Projected Costs and Revenue $ 25,666
Task 5 Policies, Training, and Technology $ 6,647
Task 6 Phased Master Plan $ 28,457
Subtotal $ 124,590
Expenses
Mileage (two 370-mile round trips at $0.56/mile) $ 429
Total $ 125,019
Estimated Project Schedule
During the kick-off meeting, Frontier’s Project Manager will coordinate a task and deliverable schedule that is based upon availability of City staff and City deadlines.

Task April May June July Aug Sept
Project Management
Task 1 Vehicle Analysis and
Replacement
Task 2 Infrastructure Requirements
Task 3 Charging Strategies
Task 4 Projected Costs and Revenue
Task 5 Policies, Training, and Technology
Task 6 Phased Master Plan
Packet Pg. 109 Attachment: Frontier ZEV Contract (4.5(b)--Authorize Grant Application Seeking EECBG Program Funds)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Adopt Resolution proclaiming Friday, April 28, 2023, as Community Tree Planting Day, otherwise known as Arbor Day, in the City of Redding; and recognizing the Community Services Department Parks Division for receiving the Tree City U.S.A. Award, and the Redding Electric Utility for receiving the Tree Line U.S.A. Utility Award.

Fiscal Impact
There is no fiscal impact to the General Fund.

Alternative Action
The City Council could decline to adopt the resolution proclaiming Friday, April 28, 2023, as Community Tree Planting Day and not recognize the Tree City U.S.A. Award or the Tree Line U.S.A. Utility Award and provide staff with an alternate direction.

Background/Analysis
The National Arbor Day Foundation recently notified the State of California Department of Forestry and Fire Protection (Cal Fire) that the City of Redding is the recipient of the Tree City U.S.A. Award for the 42nd consecutive year. The Community Services Department’s Parks Division, is proud to receive this award, and it will strive to continue the tree planting program in the community for various program benefits, including aesthetics, energy conservation, and economics.

Redding Electric Utility (REU) is the recipient of the Tree Line U.S.A. Utility Award for the 29th consecutive year. REU plans to continue promoting the coexistence of trees and utility lines through communication, education, and training.

Historically, Arbor Week occurs the last week in April in commemoration of the birthday of Luther Burbank (1849-1926), an American horticulturist and pioneer of plant breeding.

MEETING DATE: April 18, 2023
ITEM NO. 4.6(b)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.6(b)--Adopt Resolution for Arbor Day and Arbor Day Foundation Designations Kim Niemer, Community
Services Director
Packet Pg. 110
Report to Redding City Council April 13, 2023
Re: 4.6(b)--Resolution for Arbor Day and Designations Page 2 Ongoing efforts in the upcoming year include Re-Grow Redding and the Northeast Crossing Trail (NEXT). The NEXT is a new half-mile-long paved trail connecting Highway 299 to Highland Park. The trail, funded by an Urban Greening grant through the California Natural Resources Agency, features 70 new native shade trees and irrigation to keep the trail rideable in the warm summer months. The Re-Grow Redding project is funded through a grant from Cal Fire and The McConnell Foundation to plant approximately 380 new street and shade trees in Downtown, City parks, and other public places. To date, approximately 260 of these new trees were planted in Downtown and throughout the City in neighborhood and regional parks. This year, 90 trees will be planted at Salt Creek Heights Park. Other efforts include the ongoing maintenance of 110 trees along the Buenaventura Trail to replace the tree canopy lost in the Carr Fire.

Environmental Review
This is not a project defined under the California Environmental Quality Act (CEQA), and no further action is required.

Council Priority/City Manager Goals
• Budget and Financial Management – “Achieve balanced and stable 10-year Financial Plans for all funds.”
• Government of the 21
st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
• Economic Development – “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.”
Attachments
^Resolution
Packet Pg. 111
RESOLUTION NO. 2023-___

A RESOLUTION OF THE REDDING CITY COUNCIL DECLARING
APRIL 2 8 , 2023, AS COMMUNITY TREE PLANTING DAY,

OTHERWISE KNOWN AS ARBOR DAY, AND RECOGNIZING THE
TREE CITY U.S.A. AND TREE LINE U.S.A. UTILITY AWARDS
WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen, and provide habitat for wildlife; and
WHEREAS, Arbor Day was first observed with the planting of more than one million trees in Nebraska; and
WHEREAS, trees are a renewable resource, giving us paper, wood to build our homes, fuel for our fires, and countless other wood products and by-products; and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and
WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal; and WHEREAS, the City of Redding has been recognized as a Tree City U.S.A. by the National Arbor Day Foundation for the forty-second consecutive year, and desires to continue its treeplanting activities; and WHEREAS, the City of Redding has also been recognized as a Tree Line U.S.A. Utility by the National Arbor Day Foundation for the twenty-ninth consecutive year, and desires to continue its educational program about the energy conservation benefits derived from trees; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Redding hereby:

1. Proclaims April 28, 2023, as Community Tree Planting Day, otherwise known as Arbor Day.

2. Recognizes the Tree City U.S.A. and Tree Line U.S.A. Utility Awards.

BE IT FURTHER RESOLVED that the City Council encourages all citizens residing within the city limits of the City of Redding to support efforts to protect our trees and woodlands, support our City’s Urban Forestry Program, and plant trees to gladden the hearts and promote the w\ell-being of present and future generations.

Packet Pg. 112 Attachment: ^Resolution (4.6(b)--Resolution for Arbor Day and Designations) I HEREBY CERTIFY that the foregoing resolution was introduced at a regular meeting of the City Council of the City of Redding on the 18th day of April, 2023, and was duly adopted at said meeting by the following vote:

AYES: COUNCIL MEMBER:

NOES: COUNCIL MEMBER:

ABSENT: COUNCIL MEMBER:

ABSTAIN: COUNCIL MEMBER:

___________________________________
MICHAEL DACQUISTO, Mayor
ATTEST: APPROVED AS TO FORM:

PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney
Packet Pg. 113 Attachment: ^Resolution (4.6(b)--Resolution for Arbor Day and Designations)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Authorize the following relative to the Boating Safety and Enforcement Equipment Grant:
(1) Authorize staff to submit an application for the Boating Safety and Enforcement Equipment Grant administered by the California Department of Parks and Recreation, Division of Boating and Waterways for an amount up to $130,000, with a potential match up to 25 percent or $35,500, to purchase a new boat for the Redding Police Department to use for enforcement and patrol; and
(2) Authorize the City Manager, or designee, to execute all documents necessary to apply for the grant, appropriate funds should the grant be awarded, and execute any agreements necessary to implement the grant if awarded.

Fiscal Impact
The grant application will request up to $130,000 to purchase a boat for use by the Redding Police Department’s (RPD) Special Services Unit, including the Park Ranger program. The grant application requests the applicant to indicate how much it would contribute in the event the grant is not awarded the full amount. Staff is proposing 25 percent or $35,500 of other funding, primarily through community donations or additional grants, as contribution to the purchase of the boat. There is no additional impact to the General Fund.

Alternative Action
The City Council (Council) could decline to apply for the funds under this grant opportunity or provide staff with alternative direction.

MEETING DATE: April 18, 2023
ITEM NO. 4.9(b)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.9(b)--Authorize Grant Application with the California Department of Parks, Boating and Waterways Division
Bill Schueller, Chief of Police
Packet Pg. 114
Report to Redding City Council April 12, 2023
Re: 4.9(b)--Authorize Grant Application Page 2
Background/Analysis
On March 15, 2023, the Division of Boating and Waterways announced the availability of $1.5 million in grant funds for the Boating Safety and Enforcement Equipment (BSEE) grants. The grant is available to local government agencies that demonstrate a need for patrol boats, engines, personal watercraft, search and rescue equipment, and patrol and diving equipment. The U.S.

Coast Guard’s Recreational Boating Safety Program provides BSEE grant funding.

RPD currently owns a 1997 Jet Craft boat that was previously used by the Redding Fire Department (RFD) and Shasta County Fire Department (SCFD). The boat is 26 years old and in need of replacement. This grant would provide a funding source for a new patrol/rescue boat.

With the addition of the four (4) Park Rangers, a new boat would primarily be used by the Park Rangers to patrol the parks and open spaces along the Sacramento River within the City’s limits.

It would also be used for emergency river rescue. This grant provides an opportunity to purchase a new boat which would enhance the abilities of the Park Ranger Unit to patrol one of the most used recreational areas of the City. Grant application are due April 28, 2023.

Environmental Review
Applying for the grant is not a project as defined by the California Environmental Quality Act, therefore, no further action is required at this time.

Council Priority/City Manager Goals
• Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.” Packet Pg. 115

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Authorize and approve the following:
(1) Authorize the Mayor to execute an Agreement for Untreated Water Service to Lake Redding Golf Course (Agreement) with The McConnell Foundation. The agreement will require The McConnell Foundation to pay for all expenses associated with the operation and maintenance of the Union Pacific Railroad Pump House, including waterlines to the Lake Redding Golf Course; and
(2) Find that the action is exempt from review under the California Environmental Quality Act Guidelines (CEQA), per Section 15061(b)(3) – Common Sense Exemption.

Fiscal Impact
There is no net fiscal impact. The agreement will require The McConnell Foundation (McConnell) to furnish all necessary funding, adjusted annually, to operate and maintain the Union Pacific Railroad Pump House (Pump House), associated infrastructure, and the lease agreement between the City of Redding (City) and the Union Pacific Railroad (Railroad).

Alternative Action
The City Council (Council) may choose not to authorize the Mayor to execute the agreement and provide alternative direction to staff.

MEETING DATE: April 18, 2023
ITEM NO. 4.11(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.11(a)--Authorize the Mayor to Execute a Cooperative Agreement Between The McConnell Foundation and the City of Redding for Untreated Water Service to Lake Redding Golf Course
Chuck Aukland, Public
Works Director
Packet Pg. 116
Report to Redding City Council April 11, 2023
Re: 4.11(a)--Agreement Between McConnell and COR for Untreated Water Service to Lake Rdg Golf Page 2
Background/Analysis
On September 4, 1990, the City and Leah F. McConnell entered into an agreement to provide untreated water service for irrigation-only purposes to the Lake Redding Golf Course (Golf Course). On May 6, 2003, and again on October 28, 2013, the City and McConnell updated the agreement. The source of water is an infiltration well (Pump House) owned by the Railroad, which the City has leased for many years. The Pump House is located on Railroad right-of-way generally below the trestle adjacent to Caldwell Park, as depicted on the attached map.

Under the lease agreement, the City is responsible for the continued maintenance of the 8-inch water main from the Pump House to the Golf Course, the two pumps and motors, and the Pump House structure. The City is obligated to return ownership of the Pump House to the Railroad in as good or better condition than it was at the time of the original leasing.

The City entered into the lease agreement because the Railroad was unwilling to lease the Pump House to any private party for private use, such as the Golf Course. At the time, and again in 2003 and 2013, the Council deemed it to be in the best interest of the City, its citizens, and the public in general to make this water available to the Golf Course for irrigation purposes.

The main points of the agreement with McConnell are as follows:
• McConnell will continue to pay into a “Facility Maintenance Fund” which shall be used for the purpose of repairing and replacing the pumps, pump motors, and other equipment as well as repairing the 8-inch steel water main to the Golf Course. • McConnell will continue to pay monthly into a “Service Fund” to cover the cost of maintenance by personnel from the City’s Water Division for the Pump House facilities.
• McConnell will continue to pay monthly electric utility costs required to deliver water to the Golf Course.
• McConnell will continue to pay all monthly water charges for untreated Sacramento River water to irrigate the Golf Course, which includes the City’s Bureau of Reclamation contract raw-water costs comprised of Central Valley Project maintenance costs (blended rate of settlement and service contract costs), Central Valley Project Improvement Act restoration costs, and Trinity Public Utility District assessment.
• McConnell will continue to pay the annual rent to the Railroad which is charged to the City to have the Pump House facility maintained on Railroad property. • McConnell shall maintain the City’s insurance requirements throughout the term of the agreement.
• The term of the agreement will be ten years.

The agreement has been approved as to form by the City Attorney and the respective legal representative of The McConnell Foundation.

Packet Pg. 117
Report to Redding City Council April 11, 2023
Re: 4.11(a)--Agreement Between McConnell and COR for Untreated Water Service to Lake Rdg Golf Page 3
Environmental Review
Staff has reviewed the action and determined it is exempt from review under the CEQA Guidelines, per Section 15061(b)(3) – Common Sense Exemption. CEQA applies only to projects which have the potential for causing a significant effect on the environment. The agreement will provide continued funding for the operation and maintenance of the Pump House and the lease agreement with the Union Pacific Railroad. The agreement will not result in physical alteration of the environment. It can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment.

Council Priority/City Manager Goals
• Communication and Transparency – “Improve the quality of communication with the public and City employees to enhance knowledge and increase transparency to improve public trust.”
Attachments
Agreement
^UPRR Pump House Location Map
^Notice of Exemption
Packet Pg. 118
Packet Pg. 119
Attachment: Agreement (4.11(a)--Agreement Between McConnell and COR for Untreated Water Service to Lake Rdg Golf) Packet Pg. 120
Attachment: Agreement (4.11(a)--Agreement Between McConnell and COR for Untreated Water Service to Lake Rdg Golf) Packet Pg. 121
Attachment: Agreement (4.11(a)--Agreement Between McConnell and COR for Untreated Water Service to Lake Rdg Golf) Packet Pg. 122
Attachment: Agreement (4.11(a)--Agreement Between McConnell and COR for Untreated Water Service to Lake Rdg Golf) Packet Pg. 123
Attachment: Agreement (4.11(a)--Agreement Between McConnell and COR for Untreated Water Service to Lake Rdg Golf) Packet Pg. 124
Attachment: Agreement (4.11(a)--Agreement Between McConnell and COR for Untreated Water Service to Lake Rdg Golf) Packet Pg. 125
Attachment: Agreement (4.11(a)--Agreement Between McConnell and COR for Untreated Water Service to Lake Rdg Golf) Packet Pg. 126
Attachment: Agreement (4.11(a)--Agreement Between McConnell and COR for Untreated Water Service to Lake Rdg Golf) Packet Pg. 127 Attachment: ^UPRR Pump House Location Map (4.11(a)--Agreement Between McConnell and COR for Untreated Water Service to Lake Rdg Packet Pg. 128
Attachment: ^Notice of Exemption (4.11(a)--Agreement Between McConnell and COR for Untreated Water Service to Lake Rdg Golf)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Accept update regarding award of emergency construction contract for replacement of Storm Drain System on Eastside Road, and, in accordance with Public Contract Code Section 22050(c)(1), make a determination by a four-fifths vote that there is a need to continue the emergency work.

Fiscal Impact
Project costs will be funded by the Storm Drain Utility Division. The updated estimated total project cost of the repairs is less than $300,000.

Alternative Action
The City Council (Council) may choose not to accept the project status report and provide further direction to staff.

Background/Analysis
N&T Digmore, Inc., of Redding, California, began work to remove and replace the damaged storm drain and reconstruct the fill slope on March 27, 2023, and is expected to complete the field work by April 12, 2023. Staff anticipates presenting the Project Acceptance to the Council at the May 2, 2023, Council meeting.

The project requires replacement of the failed storm drain pipe and backfilling the roadway slope to ensure the integrity of the roadway. Staff estimates the work to total less than $300,000 including construction contract work, construction management, and inspection.

Environmental Review
MEETING DATE: April 18, 2023
ITEM NO. 4.11(b)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.11(b)--Update Regarding Emergency Construction Contract Awarded for Repair of Storm Drain System on Eastside Road.

Chuck Aukland, Public
Works Director
Packet Pg. 129
Report to Redding City Council April 10, 2023
Re: 4.11(b)--Update of Emergency Repair of Storm Drain Eastside Rd Page 2 This action is not a project as defined by the California Environmental Quality Act (CEQA) and no further action is required. On March 21, 2023, the Council determined that the Eastside Road Emergency Storm Drain Repair Project is categorically exempt from environmental review under the CEQA Guidelines, per Section 15301 (Existing Facilities) and Section 15302 (Replacement or Reconstruction).

Council Priority/City Manager Goals
• Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding” Attachments
Previous Staff Report From March 21, 2023
Packet Pg. 130

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Authorize the following actions relative to the Eastside Road Emergency Storm Drain Replacement Project (Project) (Job Order No. 2992-21):
(1) Adopt Resolution, by not less than four-fifths (4/5ths) affirmative vote, ratifying the City cy construction contract for emergency replacement of a storm drain system and roadway slope on Eastside Road;
(2) Authorize the City Manager to execute a public works contract for the Project in an amount not to exceed $200,000;
(3) Authorize the City Manager to approve construction contingency amounts up to a total of $50,000; and
(4) Find that the project is categorically exempt from review under the California Environmental Quality Act (CEQA) Guidelines, per Section 15301 (Existing Facilities) and Section 15302 (Replacement or Reconstruction).

Fiscal Impact
The estimated total Project cost is $300,000. These costs include construction and staff time for construction management and inspections. The Storm Drain Utility Division (Storm Drain Utility) has sufficient funds appropriated in the approved Fiscal Year 2022-23 budget for this project.

Alternative Action
The City Council (Council) may choose to not authorize the award of an emergency contract, and instead prepare an award to the low bidder in accordance with State and local contracting procedures. This will result in the closure of Eastside Road for an extended period impacting area businesses and residents. There will be an increased risk of roadway failure and potential rupture of the high-pressure gas main posing a significant threat to businesses, property, State Route (Highway) 273, and railroad operations.

MEETING DATE: March 21, 2023
ITEM NO. 2(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 2(a)--Emergency Repair of Storm Drain Facility on Eastside Road Chuck Aukland, Public
Works Director
Packet Pg. 131 Attachment: Previous Staff Report From March 21, 2023 (4.11(b)--Update of Emergency Repair of Storm Drain Eastside Rd) Report to Redding City Council March 20, 2023
Re: 2(a)­­Emergency Repair of Storm Drain Facility on Eastside Road Page 2 Or, the Council could also provide alterative direction to staff Background/Analysis
The Storm Drain Utility maintains storm drain facilities throughout the City of Redding (City) including inlets, outfalls, pipes, and channels. Located on Eastside Road just south of Haven Humane Society and 1.4 miles north of Latona Road is a 48-inch corrugated metal storm drain pipe. The pipe conveys water from Happy Valley Road, Highway 273, and the Union Pacific Railroad (UPRR) tracks, under Eastside Road and onto City-owned property to the east. The Storm Drain Utility made an expedient repair to the system in 2020 when the outlet to the creek had failed. Today, the connection to the outlet and the remainder of the piping underneath the roadway is failing causing soil erosion to the adjacent road slopes (both sides) and exposing a Pacific Gas and Electric (PG&E) two-inch gas line. There is also a PG&E 10-inch, high-pressure transmission gas main in the roadway above the failing storm drain pipe. Eastside Road is now temporarily closed due to the concerns of entire roadway failure and damage to the high-pressure gas main.

With forecasts of continued wet weather, and the roadway slope gradually deteriorating, the Storm Drain Utility and Engineering Divisions agreed that time is of the essence to avert the possible threat of a complete roadway failure, damage to the gas lines, and material being washed downstream, and potential flooding of the adjacent roadways. Simply closing the road and re-routing traffic will not mitigate the exigency because the storm water may continue to erode the road bank and undermine the gas line. The expedient need for repairs does not allow time for traditional engineering design and formal competitive bidding.

Staff proposes an emergency contract to replace the failed storm drain pipe and repair the overlying roadway and its adjacent support slope. Staff estimates the work to total less than $300,000 including construction contract work, construction management and inspection. It is further estimated that the work will be complete within two weeks.

It is noted that the Public Contract Code (Section 20168) provides that the legislative body may pass a resolution by a four-fifths vote of its members declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health and property. Further, the PCC
a public agency, pursuant to a four-fifths vote of its governing body, may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes without giving notice the City Manager to authorize necessary actions and for the Council to subsequently review and ratify such actions within seven days or at the next regularly scheduled meeting of the Council. to ensure no further damage to persons, public health or property occurs.

The Resolution has been approved as to form by the City Attorney.

Environmental Review
Staff has determined that the project qualifies as categorically exempt from environmental Packet Pg. 132 Attachment: Previous Staff Report From March 21, 2023 (4.11(b)--Update of Emergency Repair of Storm Drain Eastside Rd) Report to Redding City Council March 20, 2023
Re: 2(a)­­Emergency Repair of Storm Drain Facility on Eastside Road Page 3 review under the California Environmental Quality Act (CEQA) Guidelines, per Section 15301 and Section 15302. Class 1 exemptions include the operation, repair, maintenance, or minor alteration of existing facilities, structures, or equipment involving negligible or no expansion of use. Class 2 exemptions consist of replacement or reconstruction where the new structure will be located on the same site and will have substantially the same purpose and capacity. The existing storm drain pipe will be replaced to prevent additional erosion and potential roadway failure. The pipe will be located on the same site, will have substantially the same purpose and capacity, and the project will result in no expansion of use. The project has no potential to have a significant effect on the environment.

Council Priority/City Manager Goals
Public Safety
Attachments
^Resolution
^Location Map
^Notice of Exemption
Packet Pg. 133 Attachment: Previous Staff Report From March 21, 2023 (4.11(b)--Update of Emergency Repair of Storm Drain Eastside Rd) WHEREAS, Public Contract Code section 22050 and Redding Municipal Code

4.22.120(A) provide that, in the case of emergency, a public agency may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes without giving notice for bids to let contracts; and
WHEREAS, on or about March 17, 2023, staff was made aware that the storm water conveyance system under Eastside Road failed a n d i s causing significant erosion and undermining of the roadway; and
WHEREAS, the roadway carries significant truck traffic, is adjacent to the Union Pacific Railroad tracks, and contains two natural gas pipelines within the roadway section; and WHEREAS, a competitive solicitation for bids will delay the repairs needed to prevent further damage to the roadway, rupture of the natural gas pipelines, flooding of the adjacent roadways, and restore unimpeded traffic flow along Eastside Road; and WHEREAS, failure of the storm water conveyance system and/or the natural gas pipelines would threaten the safety and property of persons nearby; and WHEREAS, isolation of the impacted area so that the delay due to competitive bidding could be accommodated would not mitigate or eliminate the threat to persons and property;

1. The City Council of the City of Redding finds that the recitals set forth above are true and correct and are hereby adopted as findings of fact.

2. The public interest and necessity require the immediate expenditure of public money to restore the storm water conveyance system to full capacity, protect the public health, safety and welfare, and prevent further damage to the roadway and adjacent natural gas lines or flooding of the adjacent roadways.

3. The emergency conditions set forth herein will not permit a delay resulting from a competitive solicitation for bids and immediate action is necessary to respond to the emergency.

Packet Pg. 134 Attachment: Previous Staff Report From March 21, 2023 (4.11(b)--Update of Emergency Repair of Storm Drain Eastside Rd)

4. The City Council of the City of Redding therefore
of an emergency construction contract to repair the storm drain system and roadway along Eastside Road.

5. The action authorized herein shall be reviewed by the City Council at all regular meetings of the Council until such time as the City Council determines that the emergency is abated.

I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a special meeting of the City Council on the 21st day of March, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Packet Pg. 135 Attachment: Previous Staff Report From March 21, 2023 (4.11(b)--Update of Emergency Repair of Storm Drain Eastside Rd) Packet Pg. 136 Attachment: Previous Staff Report From March 21, 2023 (4.11(b)--Update of Emergency Repair of Storm Drain Eastside Rd)

NOTICE OF EXEMPTION
TO: Office of Planning and Research FROM: City of Redding 1400 Tenth Street, Room 121 Public Works Department
Sacramento, CA 95814 777 Cypress Avenue
Redding, CA 96001
Shasta County Clerk
County of Shasta
P.O. Box 990880, 1643 Market Street
Redding, CA 96099-0880
Project Title: Eastside Road Storm Drain Emergency Repair Project 2023 Project Location – Specific: Eastside Road just south of Haven Humane Society and 1.4 miles north of Latona Road Project Location – City: Redding Project Location – County: Shasta Description of Project: The City of Redding Public Works Department will conduct an emergency storm drain repair project on Eastside Road. Due to heavy rain, the connection to the outlet and the remainder of the piping underneath the roadway is failing causing soil erosion to the adjacent road slopes. The project includes replacing approximately 80-feet of deteriorated 48-inch corrugated metal pipe, repairing the eroded roadway embankments, paving, and striping. The open trench will either be restored to original condition or covered with steel plates at the end of each day. The project is located within the City right of way and the public will be notified.

Name of Public Agency Approving Project: City of Redding Name of Person or Agency Carrying Out Project: Ryan Bailey, Assistant Public Works Director Exempt Status: (check one)
Ministerial [Section 21080(b)(1); 15268]
Declared Emergency [Section 21080(b)(3); 15269(a)]
Emergency Project [Section 21080(b)(4); 15269(b)]
Statutory Exemptions. State code number:

Common Sense Exemption (This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment (14 CCR 15061[b][3]).

Categorical Exemption. State type and section number: Section 15301. Existing Facilities and Section 15302.

Replacement or Reconstruction
No exceptions apply that would bar the use of a categorical exemption (PRD 21084 and 14 CCR 15300.2).

Reasons why project is exempt: Class 1 exemptions include the operation and repair of existing public structures and facilities. Class 2 exemptions consists of replacement or reconstruction where the new structure will be located on the same site and will have substantially the same purpose and capacity. The existing storm drain pipe will be replaced to prevent additional erosion and potential roadway failure. The pipe will be located on the same site, will have substantially the same purpose and capacity, and the project will result in no expansion of use. The project has been reviewed for sensitive resources such as threatened or endangered species or their habitats, sensitive vegetation communities, tribal lands, or tribal cultural resources. The project has no potential to have a significant effect on the environment.

Lead Agency Contact Person: Amber Kelley Telephone: 530.225.4046 If Filed by Applicant:

1. Attach certified document of exemption finding.

2. Has a notice of exemption been filed by the p
Signature:__________________________ Date:_________________________ Title: Environmental Compliance Manager
Signed by Lead Agency Date received for filing at OPR:______________ Signed by Applicant
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Packet Pg. 137 Attachment: Previous Staff Report From March 21, 2023 (4.11(b)--Update of Emergency Repair of Storm Drain Eastside Rd)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Approve the Fifth Amendment to Consulting and Professional Services Contract (C-7354) with Morrison Structures, Inc., in the amount of $194,125.32 for a total not-to-exceed fee of $646,219.33, for engineering services for the Canyon Road Bridge at ACID Canal Rehabilitation Project; and authorize the Mayor to execute the amendment.

Fiscal Impact
The Canyon Road Bridge Rehabilitation Project (Project) is 88.53 percent funded by the Federal Highway Bridge Program (HBP), and the remaining 11.47 percent is funded by the City of Redding’s (City) Transportation Impact Fee (TIF) fund. In addition, the City will include roadway and pedestrian improvements to the bridge approaches that will be non-participating grant work and will be funded by the Streets Division fund. The total project cost is estimated to be approximately $3.5 million dollars.

Alternative Action
The City Council (Council) may choose not to authorize the amendment and provide staff with an alternate direction. Without the proposed amendment, staff and Morrison Structures, Inc., (Morrison) will not be able to complete the bridge design which would delay or eliminate the construction of the bridge rehabilitation as well as adjacent approach roadway and sidewalk improvements and jeopardize federal funding.

MEETING DATE: April 18, 2023
ITEM NO. 4.11(c)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.11(c)--Approve the Fifth Amendment to Consulting and Professional Services Contract (C-7354) and authorize the Mayor to Execute the Amendment Chuck Aukland, Public
Works Director
Packet Pg. 138
Report to Redding City Council April 11, 2023
Re: 4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute Page 2 Background Analysis
The Canyon Road bridge was constructed in 1970 and is currently designated as “functionally obsolete” per California Department of Transportation (Caltrans) Bridge Inspection Reports. The project will rehabilitate the existing 28-foot-wide bridge to a 40-foot-wide bridge with two 11- foot travel lanes, two 5-foot shoulders, a 5-foot sidewalk along one side of the bridge, and new concrete barrier rails on both sides. These improvements meet the requirements of both the American Association of State Highway and Transportation Officials (AASHTO) and the City.

In August 2017, an engineering services contract was executed with Morrison. Over the course of the Preliminary Studies Phase and the Preliminary Engineering Phase there has been a substantial increase in professional services required, mostly associated with the extended project duration leading to cost escalation. The additional funds requested in this fifth amendment will allow Morrison to continue to provide engineering services for the final design of the bridge and roadway improvements, and perform any necessary services during bidding and construction as described within the original contract.

The following are just a few of the items that require additional services and time beyond what Morrison initially anticipated and are considered to be outside of its control. • The project has extended beyond the originally estimated schedule by 4 years (see bullets below for impacts to schedule) which has negatively impacted labor and overhead costs, as well as labor efficiency for Morrison and its subconsultants. • More extensive construction impact analysis for the environmental documentation has been required due to the historical nature of the Anderson-Cottonwood Irrigation District (ACID) canal.
• Several geotechnical and structural requirements have been updated by code or Caltrans design guides since the original contract was executed in 2017. The final design documents and reports will need to reflect these code or design guide changes.
• Caltrans review and approval process for Federal Highway Bridge Program projects has recently changed. Due to these changes, additional documentation and coordination, as well as extensive seismic evaluation and analysis has been required.
• Caltrans Standard Specifications and Standard Plans have changed. The 2022 Standards will need to be incorporated into the project’s final plans and specifications.

The amendment has been approved as to form by the City Attorney.

Environmental Review
This action is not a project as defined by the California Environmental Quality Act, and no further action is required.

Council Priority/City Manager Goals
This is a routine operational item.

Packet Pg. 139
Report to Redding City Council April 11, 2023
Re: 4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute Page 3 Attachments
5th Amendment C-7354
4th Amendment -C-7354
3rd Amendment -C-7354
2nd Amendment -C-7354
1st Amendment -C-7354
Agreement - C-7354
Packet Pg. 140
Packet Pg. 141
Attachment: 5th Amendment C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) Packet Pg. 142
Attachment: 5th Amendment C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) Packet Pg. 143
Attachment: 5th Amendment C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) Packet Pg. 144
Attachment: 5th Amendment C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) Packet Pg. 145
Attachment: 5th Amendment C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) Packet Pg. 146
Attachment: 5th Amendment C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) Packet Pg. 147
Attachment: 5th Amendment C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) Packet Pg. 148
Attachment: 5th Amendment C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) Packet Pg. 149
Attachment: 5th Amendment C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) Packet Pg. 150
Attachment: 5th Amendment C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) Packet Pg. 151
Attachment: 5th Amendment C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute)

FOURTH AMENDMENT TO
CONSULTING AND PROFESSIONAL SERVICES CONTRACT ( C- 7354) With FHWA Funding/ Assistance
Canyon Road Bridge at ACID Canal Replacement Project
The Consulting and Professional Services Contract C- 7354 (" Contract") dated August 22, 2017, and amended February 9, 2018, May 28, 2019, and March 17, 2020, between the City of Redding, California, (" City") a municipal corporation, and Morrison Structures, Inc., (" Consultant") is hereby amended as follows:

SECTION 3.A is amended to read in its entirety as follows:

A. This contract shall go into effect on August 28, 2017, contingent upon approval by City, and Consultant shall commence work after notification to proceed by City' s Contract Administrator. The contract shall end on December 31, 2024, unless extended by contract amendment.

All other terms and conditions ofthe Contract dated August 22, 2017, and amended February 9, 2018, May 28, 2019, and March 17, 2020, shall remain in full force and effect.

The date of this Amendment shall be the date that it is signed by the City.

IN WITNESS WHEREOF, City and Consultant have executed this Amendment on the days and year set forth below:

CITY OF REDDING
A Municipal Corporation
Dated: / Z— (% , 2022 \
By: BARB IP , City Manager
Form Approved:

BARRYE. De WALT
Attest: City Attorney
r ,
rZeZoo
PAMELA MIZE, City erk By:

MORRISON STRUCTURES, INC.

Dated: er c3E,2 2 , 2022
By: ; 2oatW- r" 2— s4rZR 15-,,/ T2. )* rs1, 0rov
Taxpayer I. D. No.:
n
Packet Pg. 152sAttachment: 4th Amendment -C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute)

THIRD AMENDMENT TO
CONSULTING AND PROFESSIONAL SERVICES CONTRACT ( C- 7354) With FHWA Funding/ Assistance
Canyon Road Bridge at ACID Canal Replacement Project
The Consulting and Professional Services Contract C- 7354(" Contract") dated August 22, 2017, and amended February 9, 2018, and May 28, 2019, between the City of Redding, California, (" City") a municipal corporation, and Morrison Structures, Inc.,(" Consultant") is hereby amended as follows:

SECTION 2. J is amended to read as follows:

J. Salary increases of 3% will be reimbursable if approved by City' s Contract Administrator.

All other terms and conditions of the Contract dated August 22, 2017, and amended February 9, 2018, and May 28, 2019, shall remain in full force and effect.

The date of this Amendment shall be the date that it is signed by the City.

IN WITNESS WHEREOF, City and Consultant have executed this Amendment on the days and year set forth below:

CITY OF REDDING
A Municipal Corporation
Dated: 25 — 2020
By: BARR PP , City Manager
Form Approved:

BARRYE. De WALT
Attest: City Attorney
PAMELA MIZE, City q-lerk By:

MORRISON STRUCTURES, INC.

Dated: Ma12cN / v 2020
By.-
Taxpayer
y.

Taxpayer I.D. No.: &, 5- o ssos8
J
0i
Packet Pg. 153 Attachment: 3rd Amendment -C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute)

SECOND AMENDMENT TO
CONSULTING AND PROFESSIONAL SERVICES CONTRACT ( C- 7354) Canyon Road Bridge at ACID Canal Replacement Project
The Consulting and Professional Services Contract C- 7354(" Contract") dated August 22, 2017, and amended February 9, 2018, between the City of Redding, California, (" City") a municipal corporation, and Morrison Structures, Inc., (" Consultant") is hereby amended as follows:

SECTION 1. A is amended to read as follows:

A. Subject to the terms and conditions set forth in this Contract, Consultant shall provide to City the services described in Exhibit A and A- 1, attached and incorporated herein. Consultant shall provide the services at the time, place and in the manner specified in Exhibit A and A1. All Consultant personnel listed as members of the project team in the attached exhibits shall remain on project unless prior approval for the change in personnel has been granted by City' s Contract Administrator.

The Exhibit A- 1 attached to this Second Amendment is incorporated into the Contract dated August 22, 2017 and amended February 9, 2018, as Exhibit A- 1.

SECTION 2. B is amended to read as follows:

B. In addition to the allowable incurred costs City will pay the Consultant a fixed fee of $ 21, 200. 93. The fixed fee is nonadjustable for the term of the contract, except in the event of a significant change in the scope of work and such adjustment is made by contract amendment.

SECTION 2. I is amended to read as follows:

I. The total amount payable by City including the fixed fee shall not exceed $452,094.01 J SECTION 3. E. is amended to read as follows:

E. The maximum amount for which the City shall be liable if this contract is terminated is $ 452, 094. 01 dollars.

All other terms and conditions of the Contract dated August 22, 2017, and amended February 9, 2018, shall remain in full force and effect.

The date of this Amendment shall be the date that it is signed by the City.

Packet Pg. 154 Attachment: 2nd Amendment -C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) IN WITNESS WHEREOF, City and Consultant have executed this Amendment on the days and year set forth below:

CITY OF REDDING
A Municipal Corporation
Dated: 2019 i4
By: BARR 13PI11 Zrt1' Manager
Form Approved:

BARRY E. DeWALT

40. t: City Attorney
Li 1.A\ A- -.),
1".\ A( 1 2-eZ;e1/
Y`
PAMELA MIZE, City Cl rk By:

MORRISON STRUCTURES, INC.

Dated: 2019 f-.2t Af - -
By: Rooe2 r L. iftwria/ soNe,. T4. 92Esioe.vr
Taxpayer I. D. No.: log- o 4-5 5o58
Packet Pg. 155 Attachment: 2nd Amendment -C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) EXHIBIT A- 1
Morrison Structures, Inc.

AMENDMENT # 2

SCOPE OF SERVICES
CANYON ROAD over ACID CANAL BRIDGE REPLACEMENT PROJECT

CITY OF REDDING, CALIFORNIA
May 7, 2019
RATIONALE FOR AMENDMENT 2
1 . Additional project management time associated with cultural resources findings and increased complexity of new technical studies to support Section 106 compliance.

2. Identification of a potential historical resources, the ACID Canal, within the project area of potential effects ( APE) has resulted in the need for additional Section 106 compliance documentation associated with evaluation of the canal.

3. Additions to the California Environmental Quality Act ( CEQA) Initial Study/ Mitigated Negative Declaration checklist since 2014 that will now need to be addressed.

AMENDED SCOPE OF SERVICES
The following additional professional services will be provided under Tasks 1 and 2 of Exhibit A Scope of Services of the contract C- 7354:

Task 1 - Project Management Review and Scheduling
Morrison Structure' s will provide contract management and quality control for cultural resources Section 106 added technical studies regarding Canal evaluation.

Task 2 - Environmental Documentation Coordination
Given the changes made to the CEQA guidelines checklist since 2014, the complexity of the CEQA Initial Study/ Mitigated Negative Declaration ( IS/ MND) has increased from what was originally anticipated in the initial scope of work and cost estimate. Morrison Structure' s subconsultant Stantec will complete the Section 106 canal evaluation in accordance with current CEQA guidelines.

Stantec will subcontract with JRP Historical Consulting, LLC ( JRP) to assist with project compliance under Section 106 of the National Historic Preservation Act, in conformance with the " First Amended Programmatic Agreement Among the Federal Packet Pg. 156 Attachment: 2nd Amendment -C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) Highway Administration, the Advisory Council on Historic Preservation, the California State Historic Preservation Officer, and the California Department of Transportation Regarding Compliance with Section 106 of the National Historic Preservation Act as it Pertains to the Administration of the Federal- Aid Highway Program in California," ( 2014) Caltrans Section 106 PA).

For this scope of work, JRP was provided a set of reports completed in 2018 for another City of Redding bridge project at Sharon Avenue over ACID canal ( Bridge No. 06C0344), for which Caltrans also assumed the ACID canal eligible for the NRHP. The reports included a Historic Property Survey Report ( HPSR), Environmentally Sensitive Area ESA) Action Plan, and Secretary of Interior' s ( SOIS) Action Plan. Caltrans directed that this scope for the Canyon Road Bridge match the reporting prepared for the Sharon Avenue Bridge. Upon review of this documentation and review of other recent similar documentation that JRP has prepared, JRP notes that Caltrans may alternatively request that a Finding of No Adverse Effect with Standard Conditions, SOIS Action Plan FNAE-SC- SOIS) be prepared instead of the ESA Action Plan, which is usually prepared to present measures to avoid effects to archaeological resources. In this scenario the SOIS Action Plan would be an attachment to the FNAE- SC- SOIS, which would be an attachment to the HPSR. JRP will prepare either the ESA Action Plan / SOIS Action Plan or FNAE- SC- SOTS / SOIS Action Plan, following confirmation and direction from Caltrans, and will assist Stantec with preparation of the HPSR. The City can also use this documentation for project compliance with the California Environmental Quality Act CEQA), as it pertains to historical resources.

JRP' s tasks include conducting public participation for Section 106 compliance by sending letters to interested parties ( for built environment), conducting follow- up communication, and collecting responses, as well as conducting a single site visit to photograph the ACID Canal and assess its historic integrity. JRP will prepare documents for this project following the Caltrans guidelines set forth in the Standard Environmental Reference ( SER), Volume 2, Cultural Resources Procedures and will follow the procedures set forth in Caltrans Section 106 PA. The HPSR and ESA Action Plan / SOIS Action Plan ( or FNAE- SC- SOIS / SOIS Action Plan) will be submitted as a single deliverable. The document will be subject to three rounds of review, initial review by Stantec and Morrison Structures, one review by the City and one review by Caltrans.

Packet Pg. 157 Attachment: 2nd Amendment -C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) Contract No. C- 7354 Canyon Road Bridge over ACID Canal Project Date: 7- May- 19 Consultant: Morrison Structures, Inc.

DIRECT LABOR
Initial
Hourly
Classification Name Hours Rate Total
Amendment 2- Add Technical Studies, Canal Section 106 Evaluation Structural Engineer( E6) Morrison, Jr. Bob 11 $ 69. 95 769. 45 Senior Civil Engineer( E5) Morrison, Sr. Bob 0 $ 64. 18 00 Associate Engineer( E3) Roesner Dean 0 $ 46. 12 00
Technician( T2) Gallino Janet 7 $ 31. 92 223. 44
18 992. 89
Subtotal Direct Labor 18 992. 89
Anticipated Salary Increases 00
assumes MSI labor completed in 2019)
Total Direct Labor Cost 992. 89
Indirect Overhead Rate( Fringe Benefits+ Overhead+ G& A) @ 189. 30% 1, 879. 54 Subtotal Direct Labor and Indirect Overhead Rate 2, 872. 43 FIXED FEE 13. 00% 373. 42
OTHER COSTS( refer to attached detail)
Expenses( mileage, binders, supplies, etc.) 00
Subconsultants
Stantec Consulting Services( Addition Technical Studies Amendment 2) 15, 709. 00 Subtotal Other Costs 15, 709. 00
Markup Other Costs 0.00% 00
GRAND TOTAL 18, 954. 85
Packet Pg. 158 Attachment: 2nd Amendment -C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) Local Assistance Procedures Manual EXHIBIT 10- H1
City of Redding- Canyon Road at ACID Canal Bridge Replacement( Mod 2) Cost Proposal Note: Mark- ups are Not Allowed Prime Consultant x Subconsultant 2nd Tier Subconsultant Consultant. Stantec Consulting Services Inc.

Project No. BHLS- 5068( 037) Contract No. C- 7354 Date 4/29/ 2019

DIRECT LABOR
Classification/ Title Name Hours Actual Hourly Rate Total Principal. Level 15 W. Lanning 8. 00 69. 33 $ 554. 64
Sr. Project Manager Level 14 H. Waldrop 24. 00 60. 00 $ 1 440. 00 Senior Biologist. Level 15 D. Plumpton/ TBD 0. 00 70. 00 $ Project Env. Analyst. Level 11 C. MacGregor/ TBD 0. 00 41. 83 $ Staff Env. Analyst. Level 7 B. Cohen/ TBD 24. 00 27. 26 $ 654. 24 Project Biologist, Level 10 K. Bainbridge/TBD 0. 00 34. 82 $ Project Biologist. Level 9 T. Hanson/ TBD 0. 00 32. 80 $ Project Biologist, Level 8 D. Pluth/ M. Mercer 0. 00 28. 39 $ Staff Biologist. Level 7 G. Youngblood TBD 0. 00 25. 94 5 Senior Biologist Level 13 TBD 0. 00 57. 50 $
Admin. IV, Level 11 B. Wiechman 2. 00 39. 30 $ 78. 60
Admin. III. Level 9 S. Langford 0. 00 32. 45 $
Admin. II. Level 8 R. Barnard 8. 00 27. 74 $ 221. 92
Project GIS Analyst, Level 9 T. Mooney 2. 00 33. 19 $ 66. 38

0. 00

0. 00
LABOR COSTS 68. 00
a) Subtotal Direct Labor Costs 3, 015. 78
b) Anticipated Salary Increases( see page 2 for calculation) 27. 14 c) TOTAL DIRECT LABOR COSTS[( a)+( b)] $ 3. 042. 92

INDIRECT COSTS
d) Fringe Benefits ( Rate: 55. 09% ) e) Total Fringe Benefits[( c) x( d)] 1676. 35 f) Overhead& G& A ( Rate: 28. 95% ) g) Overhead[( c) x( f)] 880. 93 h) General& Admin ( Rate: 76. 36% ) i) Gen& Admin[( c) x( h)] 2323. 58 j) TOTAL INDIRECT COSTS[( e)+( g)+( i)] $ 4 880. 85
FIXED FEE 10. 00% k) TOTAL FIXED FEE[( c)+( j)] x fixed fee: 792. 38 I) CONSULTANTS OTHER DIRECT COSTS( ODC)- ITEMIZE( Add additional pages if necessary) Description of Item Quantity Unit Unit Cost Total
Mileage Cost 0. 00 Miles 0. 545 $
Submeter GPS 0. 00 Days 100. 00 $
Bat Recording Device 0. 00 Days 50. 00 $
Conference Call/ Mailing 5. 00 Cost 10. 00 $ 50. 00
B& W Copies 0. 00 Page 0. 06 $
Color Copies 0. 00 Page 0. 75 $
Lodging/ Per Diem 0. 00 Days 150. 00 $
Rental Vehicles 0. 00 Days 150. 00 $
I) TOTAL OTHER DIRECT COSTS $ 50. 00
m) SUBCONSULTANTS' COSTS( Add additional pages if necessary) Subconsultant 1: JRP Historical Consulting. LLC 6 942. 15 Subconsultant 2:

Subconsultant 3:

Subconsultant 4:
m) TOTAL SUBCONSULTANTS' COSTS $ 6, 942. 15
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS[( I)+( m)] $ 6. 992. 15 TOTAL COST[( c)+( j)+( k)+( n)] $ 15,708. 30
NOTES:

1. Key personnel must be marked with an asterisk(') and employees that are subject to prevailing wage requirements must be marked with two asterisks(- 1. All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

Packet Pg. 159 Attachment: 2nd Amendment -C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute)

2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant' s annual accounting period and established by a cognizant agency or accepted by Caltrans.

3. Anticipated salary increases calculation( page 2) must accompany.

CALCUATIONS FOR ANTICIPATED SALARY INCREASES
Consultant Stantec Consulting Services Inc.

Project No. BHLS- 5068( 037) Contract No. C- 7354 Date 4/ 30/ 2019

1. Calculate Average Hourly Rate for 1st year of the contract( Direct Labor Subtotal divided by total hours) Direct Labor Subtotal Total Hours Avg Hourly 5 Year Contract per Cost Proposal per Cost Proposal Rate Duration
3,015. 78 68 44. 35 Year 1 Avg Hourly Rate

2. Calculate hourly rate for all years( Increase the Average Hourly Rate for a year by proposed escalation%) Avg Hourly Rate Proposed Escalation
Year 1 $ 44. 35 3% 45. 68 Year 2 Avg Hourly Rate
Year 2 S 45.68 • 3% 47. 05 Year 3 Avg Hourly Rate
Year 3 S 47. 05 + 3% 48. 46 Year 4 Avg Hourly Rate
Year 4 $ 48. 46 + 3% 49. 92 Year 5 Avg Hourly Rate

3. Calculate estimated hours per year( Multiply estimate% each year by total hours) Estimated% Total Hours Total Hours
Completed Each Year per Cost Proposal per Year
Year 1 70.00% 68. 0 47. 6 Estimated Hours Year 1
Year 2 30.00% 68. 0 20.4 Estimated Hours Year 2
Year 3 0. 00% 68. 0 0.0 Estimated Hours Year 3
Year 4 0. 00% 68. 0 0. 0 Estimated Hours Year 4
Year 5 0. 00% 68. 0 0.0 Estimated Hours Year 5
Total 100% Total 68. 0

4. Calculate Total Costs including Escalation( Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours
Cost per Year
calculated above) calculated above)
Year 1 $ 44. 35 48 2, 111. 05 Estimated Hours Year 1
Year 2 $ 45. 68 • 20 931. 88 Estimated Hours Year 2
Year 3 $ 47. 05 " 0 Estimated Hours Year 3
Year 4 $ 48.46 " 0 Estimated Hours Year 4
Year 5 $ 54. 12 " 0 Estimated Hours Year 5
Total Direct Labor Cost with Escalation 3, 042. 92
Direct Labor Subtotal before Escalation 3, 015. 78
Estimated total of Direct Labor Salary Increase 27. 14 Transfer to Page 1 NOTES:

1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the% increase, the# of years of the contract. and a breakdown of the labor to be performed each year.

2. An estimation that is based on direct labor multiplied by salary increase% multiplied by the# of years is not acceptable.( Le.$ 250,000 x 2% x 5 yrs=$ 25.000 is not an acceptable methodology).

3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

4. Calculations for anticipated salary escalation must be provided.

Packet Pg. 160 Attachment: 2nd Amendment -C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) Local Assistance Procedures Manual EXHIBIT 10- HI
Cost Proposal
EXHIBIT 10-HI COST PROPOSAL Page I of 3
ACTUAL COST- PLUS- FLXED FEt OR LUMP SUM( FIRM FIXED PRICE) CONTRACTS

DESIGN, ENGINEERING, AND ENVIRONMENTAL STUDIES)
Note: Mark- ups are Not Allowed
Consultant: JRP Historical Consulting, LLC Prime Consultant X Subconsultant 2nd Tier Subconsultant Project No. Federal Aid Project No. BHLS- 5068( 037) Contract No. C- 7354- City of Redding Date: 4/ 25/ 2019 Direct Labor
Classification/ Title( Note I) Name Hours kctual Hourly Rate Total Principal Christopher McMorris 12. 0 68. 97 827. 64
Historian/ Architectural historian To Be Determined 32. 0 40. 03 1, 280. 96 Research Assistant To Be Determined 16. 0 22. 66 362. 56 GIS/ Graphics Technician Rebecca Flores 4. 0 27. 07 108.28 Contracts Manager Kia Larson 2. 0 28. 55 57. 10
Assistant Contracts Manager Erica Koontz 3. 0 21 50 64. 50 Total 69. 0 2, 701. 04

LABOR COSTS
a) Subtotal Direct Labor Costs 2, 701. 04
b) Anticipated Salary Increases( Note 3) 40. 52
c) TOTAL DIRECT LABOR COSTS[( a)+( b)] 2, 741. 56

INDIRECT COSTS
d) Fringe Benefits( Rate): 61. 850% e) Total Fringe Benefits[( c) x( d)] 1, 695. 65 f) Overhead( Rate): 33. 430% g) Overhead [( c) x( f)) 916. 50 h) General and Administrative( Rate): 28. 420% i) Gen& Admin [( c) x( h)] 779. 15 j) TOTAL INDIRECT COSTS (( e)+( g)+( i)] 3, 391. 30
FIXED FEE k)

TOTAL FIXED PROFIT
10% 613. 29
c)+( j)] x Fixed Fee
I) CONSULTANT' S OTHER DIRECT COSTS( ODC)- ITEMIZE( Add additional pages if necessary) Description Quantity 1 nit Unit Cost Total
Vehicle Mileage 325 Mile 0. 580 188. 50
Photocopies 50 Each 0. 15 7. 50
1) TOTAL OTHER DIRECT COSTS 196. 00
m) SUBCONSULTANT'S COSTS( add additional pages if necessary) Subconsultant 1:

Subconsultant 2:

Subconsultant 3:

Tier Subconsultant 4:
in) TOTAL 2nd TIER SUBCONSULTANT' S COSTS 0. 00
n) TOTAL OTHER DIRECT COSTS INCLUDING 2nd TIER SUBCONSULTANTS[( I)+( m)] 196.00 TOTAL COST[( c)+( j)+( k)+( n)] $ 6, 942. 15
NOTES:

1. Key Personnel IUYst be marked with an asterisk(•) and employees that are subject to prevailing wage requirements must be marked with two asterisks(• e).

All costs must comply with the Federal Cost Principles. Subconsultants will provide their own cost proposals.

2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant' s annual accounting period and established by a cognized agency or accepted by Caltrans.

3. Anticipated salary increases calculation( page 2) must accompany.

4. Pre-approved travel and per-diem costs will be reimbursed in conformance with the current Department of Transportation Travel and Expense Guide for Consultants.

5. Pre- approved actual costs are competitive prices from appropriate vendors in their respective industnes. and supported by receipts.

January 2018
Packet Pg. 161 Attachment: 2nd Amendment -C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) Local Assistance Procedures Manual EXHIBIT 10-HI
Cost Proposal
EXHIBIT 10- H COST PROPOSAL Page 2 of 3

ACTUAL COST- PLUS- FIXED FEE OR LUMP SUM( FIRM FIXED PRICE) CONTRACTS

CALCULATIONS FOR ANTICIPATED SALARY INCREASES)

1. Calculate Average Hourly Rate for 1st year of the contract( Direct Labor Subtotal divided by total hours) Direct Labor Subtotal Total Hours Avg Hourly 5 Year Contract per Cost Proposal per Cost Proposal Rate Duration
2,701. 04 69 39. 15 Year 1 Avg Hourly Rate

2. Calculate hourly rate for all years( Increase the Average Hourly Rate for a year by proposed escalation•/ e) Avg Hourly Rate Proposed Escalation
Year 1 39. 15 3. 00% 40. 32 Year 2 Avg Hourly Rate
Year 2 40.32 3. 00% 41. 53 Year 3 Avg Hourly Rate
Year 3 41. 53 3. 00% 42. 78 Year 4 Avg Hourly Rate
Year 4 42. 78 3. 00% 44.06 Year 5 Avg Hourly Rate

3. Calculate estimated hours per year( Multiply estimate% each year by total hours) Estimated% Total Hours Total Hours
Completed Each Year per Cost Proposal per Year
Year I 50. 00% 69.0 34.5 Estimated Hours Year 1
Year 2 50. 00% 69. 0 34. 5 Estimated Hours Year 2
Year 3 0. 00% 69.0 0.0 Estimated Hours Year 3
Year 4 0. 00% 69.0 0.0 Estimated Hours Year 4
Year S 0. 00% 69. 0 0.0 Estimated Hours Year 5
Total 100% Total 69.0

4. Calculate Total Costs including Escalation( Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours
calculated above) calculated above)
Cost per Year
Year I 39. 15 34. 5 1, 350. 52 Estimated llours Year 1
Year 2 40.32 34. 5 1, 391. 04 Estimated Hours Year 2
Year 3 41. 53 0. 0 0.00 Estimated Hours Year 3
Year 4 42. 78 0. 0 0.00 Estimated Hours Year 4
Year 5 44. 06 0. 0 0.00 Estimated Hours Year 5
Total Direct Labor Cost with Escalation 2, 741. 56
Direct Labor Subtotal before Escalation 2, 701. 04
Estimated total of Direct Labor Salary Increase 54032 Transfer to Page 1 NOTES:

This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the% increase, the# of years of the contract, and a breakdown of the labor to be performed each year.

An estimation that is based on direct labor multiplied by salary increase% multiplied by the# of years is not acceptable. i. e.$ 250, 000 x 2% x 5 yrs=$ 25, 000 is not an acceptable methodology) This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

January 2018
Packet Pg. 162 Attachment: 2nd Amendment -C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute)

FIRST AMENDMENT TO
CONSULTING AND PROFESSIONAL SERVICES CONTRACT ( C- 7354) Canyon Road Bridge at ACID Canal Replacement Project
The Consulting and Professional Services Contract C- 7354 (" Contract") dated August 22, 2017. between the City of Redding, California,(" City") a municipal corporation, and Morrison Structures, Inc., (" Consultant") is hereby amended as follows:

Exhibit A is amended as follows:

Exhibit A is amended to replace in its entirety the Exhibit 10- H applicable to North State Resources ( now Stantec) with the Exhibit 10- H attached to this Amendment.

All other terms and conditions ofthe Contract dated August 22, 2017, shall remain in full force and effect.

The date ofthis Amendment shall be the date that it is signed by the City.

IN WITNESS WHEREOF, City and Consultant have executed this Amendment on the days and year set forth below:

CITY OF REDDING
A Municipal Corporation
Dated: 2018
ice. ., . ..

By: BARRY Q'PI , ity Manager
Form Approved:

BARRY E. DeWALT
At st: City Attorney
Ct/ Dae
PAMELA MIZE, 04' Clerk By:

MORRISON STRUCTURES, INC.

Dated: Ff2,0,, 4r S 2018 24„1-
By: ,& oaFQr 410,-*/ ev, i,Trc.. Me310e u 7-
Taxpayer I. D. No.: /
e,_o4ss o SP,
Hir
Packet Pg. 163 Attachment: 1st Amendment -C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) AMENDMENT 1
Exhibit 10- H Cost Proposal
City of Redding Public Works Department
Environmental Services for Canyon Road Bridge over A.C. I.D Replacement Project Contract No. RFP# 4864 Date 1/ 4/ 2018 Consultant Stantec( formerly NSR)

DIRECT LABOR
Classification Name Hours Kate 1 otal Senior Principal T. Reilly 79. 33 $ Principal- Level 15 W. 79. 33 2U 67. 31 $ Principal- 1, 346. 20 Level 15( Fisheries) K. Marine 0 69. 74 $ Level 10( Cultural Resources) TBD Level 5( Cultural)
24 36. 01 $ 864. 24 G. McMaster
Senior Assoc.

I00 20. 74 $ 2, 074. 00 Level 13 ( Biologist) L. Lindstrand 8 50. 60 $ Level 10( Biologist) 404. 80 S. Tonah Level 142 33. 16 $ 4, 708. 72 8( Biologist) D. Pluth/ M. Mercer 0 27. 70 $ Level 10( Env. Scientist) C. Carpenter 165 36. 37 $ 6, 001 05 Level ( GIS) T. Mooney 36 31. 31 $ Level 12( Tech. Writer) 1, 127. 16 K. McDonald Level
8 41. 67 $ 333. 36 9( Admin) S. Langford 44 31. 50 $ Level 11 ( Admin Manager) 1, 386. 00 Level 8(
B. Weichman/ G. Smith 12 37. 79 $ 453. 48 Admin) R. Barnard Level 11 (
8 26. 93 $ 215. 44 Biologist) TBD 40. 24 Level 6( Biologist) TBD

23. 49 Level 7( Env. Scientist) TBD 25. 52 Level 11 ( GIS) C. Shoemaker 39. 59 U
1 ota! Hours 568
Subtotal Direct Labor Costs $ 18, 993. 78
Anticipated Salary Increases( [email protected] 5%) 5%) $ 353. 87 Total- Direct Labor Costs $ 19, 347. 65 INDIRECT COSTS
Rate Total Overhead

28. 95%
Fringe 5, 601. 14 Benefit

55. 09%
General 10, 658. 62 and Administrative 76. 36% 14, 773. 87 160. 40%
Total Indirect Costs 31, 033. 63
FEE( 2% Profit)
Total Fee 1, 007. 63
OTHER COSTS Unit Cost Total
Travel 40 $ 0. 57
Pier Diem/ Hotel 22. 60
0 $ 129. 00
Graphics( Poster Boards) 3 $ 45. 00
Conference Call 135. 00 and Mailing Costs 28 $ 10. 00
GIS Work Station 280. 00
36 $ 12. 85
Submeter GPS 462. 60 Usage( per day) 3 $ 60. 00
Other Direct 180. 00 Cost, Info Center 1 $ 250. 00
8- 1/ 250. 00 2X11 reproduction( B& W) 7500 $ 0. 06
11X17 450. 00 reproduction( B& W) 100 $ 0. 11
8- 1/ 2X11 11. 00 reproduction( Color) 375 $ 0. 75
11X17 281. 25 reproduction( Color) 250 $ 1. 50 375. 00
Other Costs total Subcontractor Costs 2, 447. 45
Bollard Acoustical Consulting, Inc. 1 4, 500 4, 500. 00 1 0
0 Total Subcontractors 4, 500. 00

TOTAL COST
58, 336. 36
Packet Pg. 164 Attachment: 1st Amendment -C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute)

CONSULTING AND PROFESSIONAL SERVICES CONTRACT

WITH FHWA FUNDING/ ASSISTANCE
THIS CONTRACT is made at Redding, California, by and between the City of Redding(" City"), a municipal corporation, and Morrison Structures, Inc. (" Consultant") for the purpose of Engineering Services for the Canyon Road Bridge at ACID Canal Replacement Project.

WHEREAS, a source of funding for payment for professional services provided under this Agreement is federal funds from the United States Department of Transportation.

WHEREAS, Consultant desires to perform and assume responsibility for the provisioncertain professional services required by City on the terms and conditions set forth in this Contract.

NOW, THEREFORE, the Parties covenant and agree, for good consideration hereby acknowledged, as follows:

SECTION 1. CONSULTANT SERVICES
A. Subject to the terms and conditions set forth in this Contract, Consultant shall provide to City the services described in Exhibit A, attached and incorporated herein.

Consultant shall provide the services at the time, place and in the manner specified in Exhibit A. All Consultant personnel listed as members ofthe project team in the attached exhibits shall remain on project unless prior approval for the change in personnel has been granted by City' s Contract Administrator.

B. Consultant shall submit progress reports at least once a month. Each progress report should be sufficiently detailed for the Contract Administrator, as noted in Section 10.A, to: 1) determine if Consultant is performing to expectations and is on schedule; 2) provide communication ofinterim findings, and 3) sufficiently address any difficulties or special problems encountered.

C. Consultant' s Project Manager, as noted in Section 10.B., shall meet with City' s Contract Administrator as needed to discuss progress on the scope of work.

D. Nothing contained in this Contract or otherwise shall create any contractual relation between City and any subconsultant, and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City 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. Consultant' s obligation to pay its subconsultants is an independent obligation from the City' s obligation to make payments to l Consultant.

E. Consultant shall perform the work contemplated with resources available within its ( A) own organization and no portion of the work pertinent to this contract shall be 4 Consulting and Professional Services Contract/ FHWA Page 1 ppbz e
o[ Packet Pg. 165 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) subcontracted without written authorization by City' s Contract Administrator, except that, which is expressly identified in the approved Cost Proposal.

F. Consultant shall pay its subconsultants within ten( 10) calendar days from receipt of each payment made to Consultant by City.

G. Any subcontract in excess of$ 25, 000 entered into as a result of this contract shall contain all the provisions stipulated in this contract to be applicable to subconsultants.

H. Any substitution of subconsultants must be approved in writing by City' s Contract Administrator prior to the start of work by the subconsultant.

I. Consultant and any subconsultant shall permit City, the State of California, and the Federal Highway Administration(" FHWA"), iffederal participating funds are used in this Contract, to review and inspect the project activities and files at all reasonable times during the performance period ofthis Contract including review and inspection on a daily basis.

SECTION 2. COMPENSATION AND REIMBURSEMENT OF COSTS
A. The method of payment for this contract will be based on actual cost plus a fixed fee.

City 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 contract amendment. In no event, will Consultant be reimbursed for overhead costs at a rate that exceeds City' s approved overhead rate set forth in the Cost Proposal. In the event, that City determines that a change to the work from that specified in the Cost Proposal and contract is required, the contract time or actual costs reimbursable by City shall be adjusted by contract amendment to accommodate the changed work. The maximum total cost as specified in Paragraph " I" shall not be exceeded, unless authorized by contract amendment.

B. In addition to the allowable incurred costs City will pay the Consultant a fixed fee of 20,827. 51. The fixed fee is nonadjustable for the term of the contract, except in the event of a significant change in the scope of work and such adjustment is made by contract amendment.

C. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.

D. 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.

Consulting and Professional Services Contract/ FHWA Page 2 Packet Pg. 166 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) E. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rate portion of Consultant' s fixed fee will be included in the monthly progress payments. IfConsultant fails to submit the required deliverable items according to the schedule set for in the Statement of Work, City shall have the right to delay payment or terminate this Contract in accordance with the provisions of Section 3 " Term and Termination".

F. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this contract.

G. No retainage will be held by City from progress payments due Consultant. Any retainage held by Consultant or subconsultants from progress payments due subconsultants shall be promptly paid in full to subconsultants within thirty ( 30) calendar days after the subconsultant' s work is satisfactorily completed. Federal law 49 CFR26. 29) requires that any delay or postponement ofpayment over the thirty( 30) days may take place only for good cause and with City' s prior written approval. Any violation ofthis provision shall subject the violating Consultant or subconsultant to the penalties, sanctions and other remedies specified in Section 7108. 5 ofthe Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, orjudicial remedies, otherwise available to the Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by Consultant, deficient subconsultant performance, ornoncompliance by a subconsultant.

H. Consultant will be reimbursed as promptly as fiscal procedures will permit upon receipt by City' s Contract Administrator of itemized invoices in triplicate. Invoices shall be submitted no later than 45 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 contract number and project title. Final invoice must contain the final cost and all credits due City including any equipment purchased under the provisions of Section 4 " Equipment Purchase" of this contract. The final invoice should be submitted within 60 calendar days after completion of consultant' s work. Invoices shall be mailed to City' s Contract Administrator at the following address:

City of Redding
Corri Vandiver
777 Cypress Avenue
Redding, CA 96001
I. The total amount payable by City including the fixed fee shall not exceed$ 433, 139. 16 J. Salary increases will be reimbursable if the new salary is within the salary range identified in the approved Cost Proposal and is approved by City' s Contract Administrator.

Consulting and Professional Services Contract fHWA Page 3 Packet Pg. 167 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) 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.

K. Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31. 000 et seq., shall be used to determine the cost allowability of individual items.

L. Consultant also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

M. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 49 CFR Part 18 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31. 000 et seq., are subject to repayment by Consultant to City.

N. All subcontracts in excess of$ 25, 000 shall contain the above provisions.

SECTION 3. TERM AND TERMINATION
A. This contract shall go into effect on August 28, 2017, contingent upon approval by City, and Consultant shall commence work after notification to proceed by City' s Contract Administrator. The contract shall end on December 31, 2022, unless extended by contract amendment.

B. Consultant is advised that any recommendation for contract award is not binding on City until the contract is fully executed and approved by City.

C. City reserves the right to terminate this contract upon thirty( 30) calendar days written notice to Consultant with the reasons for termination stated in the notice.

D. City may terminate this contract with Consultant should Consultant fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, City may proceed with the work in any manner deemed proper by City. IfCity terminates this contract with Consultant, City shall pay Consultant the sum due to consultant under this contract prior to termination, unless the cost of completion to City exceeds the funds remaining in the contract. In which case the overage shall be deducted from any sum due consultant under this contract and the balance, if any, shall be paid to Consultant upon demand.

E. The maximum amount for which the City shall be liable ifthis contract is terminated is $ 433, 139. 16 dollars.

Consulting and Professional Services Contract/ FHWA Page 4 Packet Pg. 168 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) F. It is mutually understood between the Parties that this Contract may have been written before ascertaining the availability offunds or appropriation of funds, or for the mutual benefit of both Parties, or in order to avoid program and fiscal delays that would occur ifthe Contract were executed after that determination was made. This Contract is valid and enforceable only if sufficient funds are made available to the City for the purpose of this Contract. In addition, this Contract is subject to any additional restrictions, limitations, conditions, or any statute, ordinance or regulation enacted by the Congress, State Legislatures, or City Council that may affect the provisions, terms, or funding of this Contract in any manner. Consistent with Article 16, Section 18, ofthe California Constitution, it is mutually agreed that if sufficient funds are not appropriated, this Contract shall be amended to reflect any reduction in funds. City may likewise void the Contract under Section 3. C.

G. In the event that City gives notice of termination, Consultant shall promptly provide to City any and all finished and unfinished reports, data, studies, photographs, charts or other work product prepared by Consultant pursuant to this Contract.

H. In the event that City terminates the Contract, City shall pay Consultant the reasonable value of services rendered by Consultant pursuant to this Contract; provided, however, that City shall not in any manner be liable for lost profits which might have been made by Consultant had Consultant completed the services required by this Contract.

Consultant shall, not later than ten( 10) calendar days after termination ofthis Contract by City, furnish to City such financial information as in the judgment of the City' s Contract Administrator is necessary to determine the reasonable value ofthe services rendered by Consultant.

I. In no event shall the termination or expiration of this Contract be construed as a waiver of any right to seek remedies in law, equity or otherwise for a Party' s failure to perform each obligation required by this Contract.

SECTION 4. EQUIPMENT PURCHASE
A. Prior authorization in writing by City' s Contract Administrator shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding$ 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 Cost Proposal and exceeding$ 5, 000, prior authorization by City' s Contract Administrator is required. Three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified and accepted by City' s Contract Administrator.

C. Pursuant to 49 CFR, Part 18 and for any equipment purchased as a result of this Contract, Consultant shall maintain an inventory ofall non-expendable property. Nonexpendable property is defined as having a useful life of at least two years and an Consulting and Professional Services Contract/ Ff1WA Page 5 Packet Pg. 169 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) acquisition cost of$ 5, 000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion ofthe Contract, or ifthe Contract is terminated, Consultant may either keep the equipment and credit City 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 City' s established purchasing procedures and credit City 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 City and Consultant. The terms and conditions of such sale must be approved in advance by City.

D. All subcontracts in excess $ 25, 000 shall contain the above provisions.

SECTION 5. INSURANCE
A. Unless modified in writing by City' s Risk Manager, Consultant shall maintain the following noted insurance during the duration of the Contract:

Coverage Required Not Required
Commercial General Liability x
Comprehensive Vehicle Liability x
Workers' Compensation and Employers' Liability x
Professional Liability( Errors and Omissions) x
Place an " x" in the appropriate box)
B. Coverage shall be at least as broad as:

1. Insurance Services Office form number CG- 0001, Commercial General Liability Insurance, in an amount not less than$ 1, 000, 000 per occurrence and 2,000,000 general aggregate for bodily injury, personal injury and property damage;

2. Insurance Services Office form number CA- 0001 ( Ed. 1/ 87), Comprehensive Automobile Liability Insurance, which provides for total limits of not less than 1, 000, 000 combined single limits per accident applicable to all owned, nonowned and hired vehicles;

3. Statutory Workers' Compensation required by the Labor Code ofthe State of California and Employers' Liability Insurance in an amount not less than 1, 000, 000 per occurrence. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents and volunteers; Consulting and Professional Services Contract/ FHWA Page 6 Packet Pg. 170 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute)

4. Professional Liability ( Errors and Omissions) Insurance, appropriate to Consultant' s profession, against loss due to error or omission or malpractice in an amount not less than $ 1, 000, 000.

5. The City does not accept insurance certificates or endorsements with the wording " but only in the event of a named insured' s sole negligence" or any other verbiage limiting the insured' s insurance responsibility.

C. Any deductibles or self-insured retentions must be declared to and approved by City.

At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected officials, officers, employees, agents and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claims administration and defense expenses.

D. The General Liability shall contain or be endorsed to contain the following provisions:

1. City, its elected officials, officers, employees, and agents are to be covered as additional insured as respects liability arising out of work or operations performed by or on behalf of Consultant; premises owned, leased or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant.

The coverage shall contain no special limitations on the scope of protection afforded to City, its elected officials, officers, employees, agents and volunteers.

2. The insurance coverage of Consultant shall be primary insurance as respects City, its elected officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by City, its elected officials, officers, employees, agents and volunteers, shall be in excess of Consultant' s insurance and shall not contribute with it.

3. Coverage shall state that the insurance of Consultant shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer' s liability.

4. Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be canceled except after thirty ( 30) calendar days' prior written notice has been given to City. In addition, Consultant agrees that it shall not reduce its coverage or limits on any such policy except after thirty( 3 0) calendar days' prior written notice has been given to City.

E. Insurance is to be placed with insurers with a current A.M.Best' s rating of no less than A-VII.

F. Consultant shall designate the City ofRedding as a Certificate Holder ofthe insurance.

Consultant shall furnish City with certificates of insurance and original endorsements effecting the coverages required by this clause. Certificates and endorsements shall be Consulting and Professional Services Contract/ PHWA Page 7 Packet Pg. 171 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) furnished to: Risk Management Department, City of Redding, 777 Cypress Avenue, Redding, CA 96001. The certificates and endorsements for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City' s Risk Manager prior to the commencement of contracted services. City may withhold payments to Consultant if adequate certificates ofinsurance and endorsements required have not been provided, or not been provided in a timely manner.

G. The requirements as to the types and limits ofinsurance coverage to be maintained by Consultant as required by Section 5 ofthis Contract, and any approval ofsaid insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Consultant pursuant to this Contract, including, without limitation, provisions concerning indemnification.

H. If any policy of insurance required by this Section is a" claims made" policy, pursuant to Code ofCivil Procedure§ 342 and Government Code§ 945. 6, Consultant shall keep said insurance in effect for a period of eighteen ( 18) months after the termination of this Contract.

I. If any damage, including death, personal injury or property damage, occurs in connection with the performance ofthis Contract, Consultant shall immediately notify City' s Risk Manager by telephone at( 530) 225- 4068. No later than three( 3) calendar days after the event, Consultant shall submit a written report to City' s Risk Manager containing the following information, as applicable: 1) name and address ofinjured or deceased person( s); 2) name and address of witnesses; 3) name and address of Consultant' s insurance company; and 4) a detailed description of the damage and whether any City property was involved.

SECTION 6. INDEMNIFICATION AND HOLD HARMLESS
A. Consistent with California Civil Code§ 2782. 8, when the services to be provided under this Contract are design professional services to be performed by a design professional, as that term is defined under Section 2782. 8, Consultant shall, to the fullest extent permitted by law, indemnify protect, defend and hold harmless, City, its elected officials, officers, employees, and agents, and each and every one ofthem, from and against all actions, damages, costs, liability, claims, losses, penalties and expenses including, but not limited to, reasonable attorney' s fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs, and investigation costs) of every type and description to which any or all of them may be subjected by reason of, or resulting from, directly or indirectly, the negligence, recklessness, or willful misconduct of Consultant, its officers, employees or agents in the performance of professional services under this Contract, except when liability arises due to the sole negligence, active negligence or misconduct ofthe City.

B. Other than in the performance ofprofessional services by a design professional, which is addressed solely by subdivision ( A) of this Section, and to the fullest extent Consulting and Professional Services Contract/ FHWA Page 8 Packet Pg. 172 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) permitted by law, Consultant shall indemnify protect, defend and hold harmless, City, its elected officials, officers, employees, and agents, and each and every one ofthem, from and against all actions, damages, costs, liability, claims, losses, penalties and expenses( including, but not limited to, reasonable attorney' s fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs, and investigation costs) of every type and description to which any or all of them may be subjected by reason of the performance of the services required under this Contract by Consultant its officers, employees or agents in the performance of professional services under this Contract, except when liability arises due to the sole negligence, active negligence or misconduct of the City.

C. The Consultant' s obligation to defend, indemnify and hold harmless shall not be excused because ofthe Consultant' s inability to evaluate liability. The Consultant shall respond within thirty ( 30) calendar days to the tender of any claim for defense and indemnity by the City, unless this time has been extended in writing by the City. Ifthe Consultant fails to accept or reject a tender of defense and indemnity in writing delivered to City within thirty ( 30) calendar days, in addition to any other remedy authorized by law, the City may withhold such funds the City reasonably considers necessary for its defense and indemnity until disposition has been made of the claim or until the Consultant accepts or rejects the tender of defense in writing delivered to the City, whichever occurs first. This subdivision shall not be construed to excuse the prompt and continued performance of the duties required of Consultant herein.

D. The obligation to indemnify, protect, defend, and hold harmless set forth in this Section applies to all claims and liability regardless of whether any insurance policies are applicable. The policy limits of said insurance policies do not act as a limitation upon the amount of indemnification to be provided by Contractor.

E. City shall have the right to approve or disapprove the legal counsel retained by Consultant pursuant to this Section to represent City' s interests. City shall be reimbursed for all costs and attorney's fees incurred by City in enforcing the obligations set forth in this Section.

SECTION 7. MISCELLANEOUS TERMS AND CONDITIONS
A. This Contract shall be deemed to have been entered into in Redding, California. All questions regarding the validity, interpretation or performance of any of its terms or of any rights or obligations of the parties to this Contract shall be governed by California law. If any claim, at law or otherwise, is made by either party to this Contract, the prevailing party shall be entitled to its costs and reasonable attorneys' fees.

B. This document, including all exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding each may have had prior to the execution of this Contract. This Contract shall not be altered, amended or modified except by a writing signed by City and Consultant. No verbal agreement or Consulting and Professional Services Contract/ FHWA Page 9 Packet Pg. 173 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) conversation with any official, officer, agent or employee of City, either before, during or after the execution of this Contract, shall affect or modify any of the terms or conditions contained in this Contract, nor shall any such verbal agreement or conversation entitle Consultant to any additional payment whatsoever under the terms of this Contract.

C. No covenant or condition to be performed by Consultant under this Contract can be waived except by the written consent ofCity. Forbearance or indulgence by City in any regard whatsoever shall not constitute a waiver of the covenant or condition in question. Until performance by Consultant of said covenant or condition is complete, City shall be entitled to invoke any remedy available to City under this Contract or by law or in equity despite said forbearance or indulgence.

D. If any portion of this Contract or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder ofthis Contract shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

E. The headings in this Contract are inserted for convenience only and shall not constitute a part hereof A waiver of any party of any provision or a breach of this Contract must be provided in writing, and shall not be construed as a waiver of any other provision or any succeeding breach of the same or any other provisions herein.

F. Each Party hereto declares and represents that in entering into this Contract, it has relied and is relying solely upon its own judgment, belief and knowledge ofthe nature, extent, effect and consequence relating thereto. Each Party further declares and represents that this Contract is made without reliance upon any statement or representation not contained herein of any other Party or any representative, agent or attorney of the other Party. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this Contract and that the decision of whether or not to seek the advice of counsel with respect to this Contract is a decision which is the sole responsibility of each ofthe Parties. Accordingly, no party shall be deemed to have been the drafter hereof, and the principle of law set forth in Civil Code § 1654 that contracts are construed against the drafter shall not apply.

G. Each of the Parties hereto hereby irrevocably waives any and all right to trial by jury in any action, proceeding, claim or counterclaim, whether in contract or tort, at law or in equity, arising out of or in any way related to this Agreement or the transactions contemplated hereby. Each Party further waives any right to consolidate any action in which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived.

H. In the event of a conflict between the term and conditions ofthe body ofthis Contract and those of any exhibit or attachment hereto, the terms and conditions set forth in the body of this Contract shall prevail. In the event of a conflict between the terms and Consulting and Professional Services Contract/ FHWA Page 10 Packet Pg. 174 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) conditions of any two or more exhibits or attachments hereto, those prepared by City shall prevail over those prepared by Consultant.

I. Pursuant to the City' s business license ordinance, Consultant shall obtain a City business license prior to commencing work.

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

K. Consultant shall, during the entire term of this Contract, be construed to be an independent contractor and nothing in this Contract is intended, nor shall it be construed, to create an employer/ employee relationship, association, joint venture relationship, trust or partnership or to allow City to exercise discretion or control over the professional manner in which Consultant performs under this Contract. Any and all taxes imposed on Consultant' s income, imposed or assessed by reason of this Contract or its performance, including but not limited to sales or use taxes, shall be paid by Consultant. Consultant shall be responsible for any taxes or penalties assessed by reason of any claims that Consultant is an employee of City. Consultant shall not be eligible for coverage under City' s workers' compensation insurance plan, benefits under the Public Employee Retirement System or be eligible for any other City benefit.

L. No provision of this Contract is intended to, or shall be for the benefit of, or construed to create rights in, or grant remedies to, any person or entity not a party hereto.

M. No portion of the work or services to be performed under this Contract shall be assigned, transferred, conveyed or subcontracted without the prior written approval of City. Consultant may use the services of independent contractors and subcontractors to perform a portion of its obligations under this Contract with the prior written approval of City. Independent contractors and subcontractors shall be provided with a copy ofthis Contract and Consultant shall have an affirmative duty to assure that said independent contractors and subcontractors comply with the same and agree to be bound by its terms. Consultant shall be the responsible party with respect to all actions ofits independent contractors and subcontractors, and shall obtain such insurance and indemnity provisions from its contractors and subcontractors as City' s Risk Manager shall determine to be necessary.

N. Consultant shall perform all services required pursuant to this Contract in the manner and according to the standards observed by a competent practitioner of Consultant' s profession. All products of whatsoever nature which Consultant delivers to City pursuant to this Contract shall be prepared in a professional manner and conform to the standards of quality normally observed by a person practicing the profession of Consulting and Professional Services Contract/ FHWA Page 11 Packet Pg. 175 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) Consultant and its agents, employees and subcontractors assigned to perform the services contemplated by this Contract.

SECTION 8. SURVIVAL
The provisions set forth in Sections 4, 5, 6, 7. A, 7. D, 7. G, 7. L, 15, 18, 19, and 20 of this Contract shall survive termination of the Contract.

SECTION 9. COMPLIANCE WITH LAWS - NONDISCRIMINATION
A. Consultant shall comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments.

B. Consultant' s signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws ofthe State of California that Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103.

C. During the performance of this Contract, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability ( including HIV and AIDS), mental disability, medical condition e. g., cancer), age( over 40), marital status, and denial offamily care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act ( Gov. Code § 12990 ( a- f) et seq.) and the applicable regulations promulgated thereunder( California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990( a- f),set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. 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.

D. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally-assisted programs ofthe Department ofTransportation- Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act).

Title VI provides that the recipients offederal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California 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.

Consulting and Professional Services Contract/ FHWA Page 12 Packet Pg. 176 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) E. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis or race, color, national origin, religion, sex, age, or disability in the selection and retention of Subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21. 5 of the U. S. DOT' s Regulations, including employment practices when the Agreement covers a program whose goal is employment.

SECTION 10. REPRESENTATIVES
A. City' s Contract Administrator for this Contract is Corti L. Vandiver, email cvandiver@ci. redding. ca. us , telephone number ( 530) 245- 7120, fax number 530)_ 245- 7024. All of Consultant' s questions pertaining to this Contract shall be referred to the above- named person, or to the representative' s designee.

B. Consultant' s Project Manager for this Contract is Robert Morrison, email bmorrison@morrisonstructures. com , telephone number( 530) 246- 8628, fax number 530) 246- 8625. All of City' s questions pertaining to this Contract shall be referred to the above- named person.

C. The representatives set forth herein shall have authority to give all notices required herein.

SECTION 11. NOTICES
A. All notices, requests, demands and other communications hereunder shall be deemed given only if in writing signed by an authorized representative of the sender( may be other than the representatives referred to in Section 10) and delivered by facsimile, with a hard copy mailed first class, postage prepaid; or when sent by a courier or an express service guaranteeing overnight delivery to the receiving party, addressed to the respective parties as follows:

To City: To Consultant:

Ms. Corti Vandiver Mr. Bob Morrison
City of Redding, Engineering Division Morrison Structures, Inc. 777 Cypress Avenue 1890 Park Marina Drive, Suite 104
Redding, CA 96001 Redding, CA 96001
B. Either party may change its address for the purposes ofthis paragraph by giving written notice of such change to the other party in the manner provided in this Section.

C. Notice shall be deemed effective upon: 1) personal service; 2) two calendar days after mailing or transmission by facsimile, whichever is earlier.

Consulting and Professional Services Contract/ FHWA Page 13 Packet Pg. 177 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) SECTION 12. AUTHORITY TO CONTRACT
A. Each of the undersigned signatories hereby represents and warrants that they are authorized to execute this Contract on behalf ofthe respective parties to this Contract; that they have full right, power and lawful authority to undertake all obligations as provided in this Contract; and that the execution, performance and delivery of this Contract by said signatories has been fully authorized by all requisite actions on the part of the respective parties to this Contract.

B. When the Mayor is signatory to this Contract, the City Manager and/ or the Department Director having direct responsibility for managing the services provided herein shall have authority to execute any amendment to this Contract which does not increase the amount ofcompensation allowable to Consultant or otherwise substantially change the scope of the services provided herein.

SECTION 13. DISADVANTAGED BUSINESS ENTERPRISES PARTICIPATION A. This Contract is subject to 49 CFR, Part 26 entitled " Participation by Disadvantaged Business Enterprises in Department ofTransportation Financial Assistance Programs".

Consultant shall be guided by, and comply with, Exhibit 10- I ofthe Local Assistance Procedures Manual (" LAPM"), attached and incorporated herein.

B. Consultant must give consideration to DBE firms as specified in 23 CFR 172. 5( b), 49 CFR, Part 26. Ifthe contract has a DBE goal, Consultant must meet the goal by using DBE' s as subconsultants or document a good faith effort to have met the goal. If a DBE subconsultant is unable to perform, Consultant must make a good faith effort to replace him/ her with another DBE subconsultant ifthe goal is not otherwise met.

C. A DBE may be terminated only with written approval of City and only for the reasons specified in 49 CFR 26. 53( f). Prior to requesting City' s consent for the proposed termination, Consultant must meet the procedural requirements specified in 29 CFR

26. 53( f).

D. Consultant shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBE' s. 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 prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

E. Upon completion of the Contract, a summary of these records shall be prepared and submitted on the form entitled, " Final Report- Utilization of Disadvantaged Business Enterprise( DBE), First-Tier Subconsultants," CEM- 2402F( Exhibit 17- F, Chapter 17, ofthe LAPM), certified correct by Consultant or Consultant' s authorized representative and shall be furnished to City' s Contract Administrator with the final invoice. Failure Consulting and Professional Services Contract/ FHWA Page 14 Packet Pg. 178 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) to provide the summary of DBE payments with the final invoice will result in 25 percent of the dollar value ofthe invoice being withheld from payment until the form is submitted. The amount will be returned to the Consultant when a satisfactory" Final Report- Utilization of Disadvantaged Business Enterprises ( DBE), First-Tier Subconsultants" is submitted to City' s Contract Administrator.

F. If a DBE subconsultant is decertified during the life of this Contract, 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 Contract, the subconsultant shall notify Consultant in writing with the date of certification. Any changes should be reported to the Agency' s Contract Administrator within 30 days.

G. Any subcontract entered into as a result of this Contract shall contain all of the provisions of this Section.

SECTION 14. CONFLICTS OF INTEREST/ UNLAWFUL CONSIDERATION A. Consultant, including its employees, agents, and subconsultants, shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Contract. Consultant shall comply with all requirements ofthe Political Reform Act Government Code § 8100 et seq.) and other laws relating to conflicts of interest, including the following: 1) Consultant shall not make or participate in a decision made by City if it is reasonably foreseeable that the decision may have a material effect on Consultant' s economic interest, and 2) if required by the City Attorney, Consultant shall file financial disclosure forms with the City Clerk.

B. Consultant warrants, by execution ofthis contract that no person or selling agency has been employed, or retained, to solicit or secure this contract 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, City has the right: 1) to terminate this Contract without liability; 2) pay only for the value of the work actually performed; and 3) to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

C. Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Contract, or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome ofthis contract, or any ensuing City construction project, which will follow.

D. 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 Contract.

Consulting and Professional Services Contract/ FHWA Page 15 Packet Pg. 179 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) E. Any subcontract in excess of$ 25, 000 entered into as a result of this contract, shall contain all of the provisions of this Section A through E.

F. Consultant hereby certifies that neither Consultant, nor any firm affiliated with Consultant will bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. An affiliated firm is one, which is subject to the control ofthe same persons through jointownership, or otherwise.

G. Except for subconsultants whose services are limited to providing surveying or materials testing information, no subconsultant who has provided design services in connection with this contract shall be eligible to bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract.

H. Consultant warrants that this contract was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its sole discretion: 1) to terminate the contract without liability; 2) to pay only for the value of the work actually performed; 3) to deduct from the contract price; or 4) to otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

SECTION 15. RETENTION OF RECORDS/ AUDIT
A. For the purpose of determining compliance with Public Contract Code§ 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code§ 8546. 7; Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date offinal payment under the contract. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and its certified public accountants ( CPA) work papers that are pertinent to the contract and indirect cost rates ( ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. Subcontracts in excess of$ 25, 000 shall contain this provision.

B. Any dispute concerning a question of fact arising under an interim or post audit ofthis Contract that is not disposed of by agreement, shall be reviewed by City' s Director of Finance or her designee. Not later than thirty( 30) days after issuance ofthe final audit report, Consultant may request a review by City' s Director of Finance or her designee of unresolved audit issues. All requests for review shall be submitted in writing.

Consulting and Professional Services Contract/ FHWA Page 16 Packet Pg. 180 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) C. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance, in accordance with the terms of this contract.

D. In cases where the maximum compensation under this Contract exceeds $ 150, 000, Consultant and subconsultant contracts, including cost proposals and indirect cost rates ICR), are subject to audits or reviews such as, but not limited to, a Contract Audit, an Incurred Cost Audit, an ICR Audit, or a certified public accountant( CPA) ICR Audit Workpaper Review. If selected for audit or review, the contract, cost proposal and ICR and related workpapers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the instance of a CPA ICR Audit Workpaper Review, it is Consultant' s responsibility to ensure federal, state, or local government officials are allowed full access to the CPA' s workpapers including making copies as necessary. The contract, cost proposal, and ICR shall be adjusted by Consultant and approved by City' s 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 contract by this reference if directed by City at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal, state, or local governments have access to CPA workpapers, will be considered a breach of Contract terms and cause for termination of the contract and disallowance of prior reimbursed costs.

SECTION 16. DISPUTES
A. Any dispute, other than audit, concerning a question offact arising under this Contract that is not disposed ofby agreement shall be submitted in writing and decided by City' s Director ofPublic Works, who may consider written or verbal information submitted by Consultant.

B. Neither the pendency of a dispute, nor its consideration pursuant to this Section will excuse Consultant from full and timely performance in accordance with the terms of this Contract.

SECTION 17. 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 City. Consultant' s personnel shall wear hard hats and safety vests at all times while working on a construction project site.

B. Pursuant to the authority contained in Section 591 of the Vehicle Code, and when applicable, Consultant shall comply with all ofthe 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.

Consulting and Professional Services Contract/ FHWA Page 17 Packet Pg. 181 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.

SECTION 18. OWNERSHIP OF DATA
A. Upon completion of all work under this Contract or termination of this Contract, ownership and title to all reports, documents, plans, specifications, and estimates produce as part of this Contract will automatically be vested in City, and no further agreement will be necessary to transfer ownership to City. Consultant shall furnish City all necessary copies of data needed to complete the review and approval process.

B. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine- readable form, are intended for one- time use in the construction of the project for which this Contract has been entered into.

C. Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by City of the machine- readable information and data provided by Consultant under this contract. Further, Consultant is not liable for claims, liabilities, or losses arising out of, or connected with any use by City of the project documentation on other projects for additions to this project, or for the completion of this project by others, except only such use as may be authorized in writing by Consultant.

D. Except as noted above, City may permit Consultant to copyright reports or other contract- related product. If copyrights are permitted, the City and the FHWA shall have a royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work and to authorize others to use the work for government purposes.

E. Any subcontract in excess of$ 25, 000 entered into as a result of this Contract shall contain all of the provisions of this Section.

SECTION 19. CLAIMS FILED BY CITY' S CONSTRUCTION CONTRACTOR A. If claims are filed by City' 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 City' s construction contract administration and legal staff and for testimony, ifnecessary, at depositions and at trial or arbitration proceedings.

B. Consultant' s personnel that City considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from City.

Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for Consultant' s personnel services under this contract.

Consulting and Professional Services Contract/ FHWA Page 18 Packet Pg. 182 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) C. Services of Consultant' s personnel in connection with City' s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this contract in order to resolve the construction claims.

D. Any subcontract in excess of$ 25, 000 entered into as a result of this contract shall contain all of the provisions of this Section.

SECTION 20. CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to City' s operations, which are designated confidential by City and made available to Consultant in order to carry out this Contract, shall be protected by Consultant from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by City relating to the Contract, 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 contract or City' s actions on the same, except to City' s staff, Consultant' s own personnel involved in the performance of this contract, 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 contract without prior review of the contents thereof by City and receipt of City' s written permission.

E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Section.

SECTION 21. NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code § 10296, and by signature on this Contract, 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 ofthe National Labor Relations Board.

SECTION 22. DEBARMENT AND SUSPENSION CERTIFICATION
A. Consultant' s signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR Part 180," OMB Guidelines to Agencies on Government-wide Debarment and Suspension ( nonprocurement)", which certifies that he/ she or any person Consulting and Professional Services Contract/ FHWA Page 19 Packet Pg. 183 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three( 3) years; does not have a proposed debarment pending; and 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. Any exceptions to this certification must be disclosed to City prior to execution of this Contract.

B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Consultant responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action.

C. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the FHWA.

SECTION 23. PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS

FOR LOBBYING
A. In cases where federal funding exceeds$ 150,000, Consultant certifies by signature on this Contract that, to the best of his or her knowledge and belief:

1. No state, federal or local agency appropriated funds have been paid, or will be paid by- or-on behalf of Consultant to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member ofthe Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into ofany cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative 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 federal agency; a Member ofCongress; an officer or employee ofCongress, or an employee ofa Member of Congress; in connection with this federal contract, grant, loan, or cooperative agreement; 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 Section 1352, Title 31, US. Code. Any person who fails to file the required certification shall be subject Consulting and Professional Services Contract/ FHWA Page 20 Packet Pg. 184 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) to a civil penalty of not less than $ 10, 000 and not more than $ 100, 000 for each such failure.

C. 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 subcontracts, which exceed 100, 000, and that all such sub recipients shall certify and disclose accordingly.

SECTION 24. STATE PREVAILING WAGE RATES
A. Consultant shall comply with the State of California' s General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work.

B. Any subcontract entered into as a result of this contract if for more than $ 25, 000 for public works construction or more than$ 15, 000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Section.

C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations ( DIR) as outlined in the applicable Prevailing Wage Determination. See http:// www.dir.ca.gov.

SECTION 25. EFFECTIVE DATE OF CONTRACT
The effective date ofthis Contract shall be the date it is signed by City.

Consulting and Professional Services Contract/ FHWA Page 21 Packet Pg. 185 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) IN WITNESS WHEREOF, City and Consultant have executed this Contract on the days and year set forth below:

CITY OF REDDING,
A Municipal Corporation
rd
Dated: AT. . 2017
B : Y BRENT WEAVER, Mayoror
ATTEST: APPROVED AS TO FORM:

BARRY E. DeWALT
City Attorney
PAMELA MIZE, City Clerk U
By:

CONSULTANT
Morrison Structures
Dated: AUt,. / , 2017 egi 7
By:

Tax ID No.: ( 0$- 045.5OSf3
Attachments:

Exhibit A (Scope of Work)
Exhibit B ( Cost Proposal)
Exhibit 10- I (Notice to Proposers DBE Information)
Consulting and Professional Services Contract/ FHWA Page 22 Packet Pg. 186 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) Exhibit A

CITY OF REDDING
Scope of Services for Professional Engineering Services for the Canyon Road Bridge over ACID Canal Replacement Project.

MORRISON STRUCTURES, INC. shall provide all equipment and labor resources necessary to perform the scope of engineering services described herein for the Canyon Road Bridge over ACID Canal Replacement Project..

Task 1: Project Management Review and Scheduling:

Morrison Structures will provide all Contract Management and Quality Control Services throughout the duration of the project including:

All meetings, agendas, and summaries,
Coordination and consultation with City staff in support of environmental documentation and permitting for project construction,
Coordination and consultation with utilities for possible relocations and or conflicts Schedules and schedule updates,
Prepare and submit monthly progress report with monthly progress payment. The monthly progress report shall include:
a) An overview of work accomplished during the previous month; b) A description of current key activities and an updated schedule for each task and subtask.

The schedule shall be done in Microsoft Project;
c) A list of problem areas, and proposed corrective actions; d) A list of tasks for the following month;
e) A bar graph showing total contract budget, monthly invoiced amounts, cumulative amount invoiced and project billings to end of project; f) An earned- value statement that shall clearly describe the relationship between fee to date, percent work complete, and percent time remaining; and g) A Schedule Summary indicating whether the project is on schedule and any schedule concerns or critical path items ( a Recovery Plan/ Schedule for any activities that fall more than 2 weeks behind schedule).

Develop a Quality Assurance/ Quality Control Program including a formal project specific Quality Plan ( see Task 9).

Correspondence and project file maintenance in accordance with Caltrans files or City of Redding file management.

Morrison Structures' Project Manager will play an active role in the management and coordination of the project to include monthly meetings with City staff to discuss project status, problems, budgeting, and other areas that have an adverse effect on the work. This task should be broken out into the level of effort needed for each phase of work noted above ( i. e. pre- design, final design, construction services).

Task 2: Environmental Documentation, Permitting, and Coordination with Caltrans Morrison Structures with subconsultant North State Resources will be responsible for coordinating with and submitting all documentation and forms required by Caltrans Local Assistance for these Federal Aid projects. These services shall be provided during all phases of the projects - environmental and preliminary engineering, final design, and construction services.

For the Canyon Road Bridge these services include:

Conduct biological surveys and prepare biological technical memorandum ofresults; Packet Pg. 187 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) Conduct cultural surveys and prepare required reports per Caltrans requirements, including but not limited to Native American Consultation, ASR, HPSR, and HRER if required ( in close consultation with Caltrans);
Conduct construction noise impact analysis and prepare report; In close consultation with the City, prepare all required CEQA documentation including Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Plan, public notices, Notice of Completion, Notice of Determination, and other supporting documents per the City requirements optional subtask);
Prepare for and attend two open house public meetings ( optional subtask); Coordinate closely with Caltrans and City staff as needed to ensure provisions of the Caltrans Local Assistance Procedures Manual are followed, including templates, forms, processes, reviews, and other pertinent elements;
Task 3: Preliminary Design
Morrison Structures will confirm the approved alternative in the final HBP Applications and prepare preliminary plans, equivalent to 30% submittal, addressing at a minimum:

Bridge Type Selection
Prepare Bridge General Plan
Access to existing businesses and residences adjacent to the project Construction Staging
Hydraulic Study
Geotechnical Studies
Utility Coordination
PG& E Gas Wastewater
PG& E Electric Storm Drain
Redding Electric Utility( REU) Cable
Water Telephone
Right- of-way requirements ( as needed)
Environmental Issues
Task 4: Data Collection and Field Survey
Morrison Structures' with subconsultant Omni Means will conduct all data collection, field surveys and all other information necessary to establish horizontal and vertical control, utility locations and property boundaries. This will include, but not be limited to the following:

Topographic and control surveys to establish elements required for plan preparation and construction
Utility information
Building and structure location data for tie in control Record/ as- built drawings
Environmental, Geotechnical or any other pertinent document review The basis for bearings will be the City of Redding monumentation and coordination with the State Plane Coordinate System NAD 83 and NAVD 88 datums.

Task 5: Geotechnical Investigation
Morrison Structures' subconsultant CGI Technical Services will perform a geotechnical investigation of the subsurface conditions in the area of the bridge replacement, and roadway. The geotechnical investigations will be consistent with typical Caltrans requirements and the data from the investigation will be used in the design of all underground structures, bridge foundation design, and roadways.

Packet Pg. 188 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) A log of all test borings will be made available to the City Project Manager and included in the bridge plans per Caltrans standards. This work will include, but is not limited to, the following:

Site investigation
In-situ soil sampling, pavement boring and laboratory tests. The tests shall include, but not be limited to, determination of soil " R" value in new pavement areas and determination of existing pavement structural section in areas abutting new paving work. The City will provide design traffic index values
Determination of ground and slope stability
Log of test borings
Notification to City and Underground Service Alert ( USA) of all sampling work. Morrison Structures Inc. and CGI will be responsible for obtaining all City and/ or Caltrans encroachment permits necessary for the geotechnical work and will coordinate with the City Project Manager at least 48 hours prior to any work on the site
Provide the City with five ( 5) copies of draft and ( 1) electronic copy and final geotechnical report including recommendations for foundations and new pavement structural section design for roadways.

Task 6: Hydrologic Analysis Technical Memorandum
Morrison Structures' subconsultant Pacific Hydrologic will perform the following:

Site Visit and Initial Meeting:

Attend a site visit and initial meeting to discuss project design considerations, identify recent high water marks if possible, and document existing stream and floodplain conditions. Photographs will be taken at the bridge site and data available from the ACID and City of Redding not already in our files ( previous related reports, historic photographs, etc.) will be collected during the initial meeting. Any applicable local ordinances, codes, and regulations that may affect bridge design will need to be declared by ACID and the City of Redding during the site visit and initial meeting.

Hydrologic Analysis:

The ACID canal receives natural drainage from several upslope areas between the diversion and Canyon Road. Waste ways located between the diversion and Canyon Road release much but not all of the intercepted runoff during storm events. A rainfall- runoff model will be prepared to estimate the peak flow in the ACID canal at Canyon Road during the most probable 100- year storm event.

Technical Memorandum:

Prepare a technical memorandum describing the data, hydrologic analysis results, and recommendations.

Five ( 5) copies of draft and ( 1) electronic copy and a final copy of the technical memorandum will be provide to the City. Photos and figures will be included where appropriate. If the peak flow in the ACID canal during the most probable 100- year flood is found to be less than the design capacity of the canal, appropriate sections of the Caltrans LHS and SFER forms will be completed. If peak flow is if found to be greater than design capacity, then a complete bridge design hydraulic study (not included in this scope of services) may be necessary.

Task 7: Utility Coordination
Morrison Structures' subconsultant Omni Means will perform subsurface utility engineering in conformance with ASCE 38- 02 and Caltrans Policy on high and low risk underground facilities to identify possible conflicts. The utilities include but are not limited to: PG& E, REU, Redding Municipal Utilities RMU), AT& T, and Charter. Morrison Structures shall have responsibility for the coordination with each utility, including the relocation of utilities as needed to eliminate a delay in the design project and will plan for all associated utilities in the design of the project.

Packet Pg. 189 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) The following activities will be provided by Omni- Means. The existence of overhead power and telecommunications lines, domestic water, sewer, gas, and underground electrical lines make active management of the utility coordination a critical task.

Prepare and Submit" Utility A" Letters. Omni- Means will prepare and send " Utility A" letters and base plans to the various utility purveyors in the project area after the City has approved the" Utility A" mailing package. The base plans will be marked as " A Plans" and the transmittal letter will identify this as a City project.

Prepare Utility Conflict Maps and Relocation Letters. Omni- Means shall prepare utility conflict maps for use by the City and the utility companies in determining liability ( cost share) of the utility relocations.

The maps will be sent to each utility with the required Relocation Letter. The Relocation letter will follow Caltrans format, but will be modified to request different times for the draft relocation plan, costs and liability claims to allow the right of way acquisitions to proceed concurrently with the utility relocation liability determination.

Preliminary Utility Relocation Plan Coordination. This task addresses coordination of the preliminary utility relocation plans with the proposed project's plans. The affected utility company will complete their relocation plans with input from Omni- Means. Utility relocations are assumed to be completed prior to construction, or by the utility purveyors' own forces. As such, relocation plans for electrical, CATV, and communication facilities will not be included as work items in the project's contract documents; instead, the relocated utilities will be shown as in-place on the plans. If it is necessary to perform some of the utility relocations simultaneously with project construction, coordination of the phasing of utility relocations will be addressed in the Special Provisions and on the Stage Construction Plans.

Utility Agreement Support and Notice to Owner Letters. Omni- Means shall be available to support the City in the drafting of utility agreements for the relocation of utilities. It is assumed that the City will prepare and execute the Utility Agreements. Omni- Means shall prepare the Notice to Owner letters and provide them to the City for signature and subsequent delivery to the utility companies.

Utility Certification. This task addresses completion ofthe signed Utility Certification Forms as required.

Work Products: Prepare " Utility A" Letters, " A Plans", Conflict Maps and Relocation Letters, Preliminary Utility Relocation Plans and Coordination, Utility Agreement Support and Notice to Owner Letters, and Utility Certification.

Task 8: Right- of-Way
Morrison Structures will coordinate with City staff to identify any right-of-way required for the project. If it is determined that right- of-way will be required, this includes any temporary construction easements, Morrison Structures will follow all required steps and procedures as outlined in Chapter 13 - Right of Way, in the LAPM. We have anticipated only those easements or temporary construction easements shown in the HBP Application will be necessary. Morrison Structures will provide the following services:

Right- of-way research
Right- of-way mapping
Acquisition Status Maps
Plat Maps and Legal Descriptions
Appraisals
Property Acquisition
Packet Pg. 190 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) Task 9: Preparation of Contract Documents
Morrison Structures will prepare all contract documents ( roadway and bridge construction plans, specifications, and cost estimates) in accordance with City of Redding and Caltrans standards as detailed in the Capital Improvement and Maintenance Project Submittal Requirements, and as directed. Design services shall include, but not be limited, to the following:

Design calculations, plan preparation, technical specification preparation, special provision preparation, engineers cost estimates and all other appropriate engineering necessary to provide complete contract documents, ready for bidding. Morrison Structures will prepare geometric approval drawings ( base plans) for the entire work site. The base plans will show the existing roadway and drainage facilities, the right of way lines, all existing nearby structures, fences, driveways, poles, signs and any trees and shrubs in the general facility of the work site. The base plans will also show utility facilities such as fire hydrants, valves, manholes, and electrical equipment. The location of all utilities shown on the base plans will be verified with the appropriate utilities.

Morrison Structures will submit for approval a sample plan sheet and legend showing the proposed symbols, line work and lettering for all existing and proposed improvements.

All designs shall comply with any and all appropriate federal, state and local design standards and guidelines including:

City of Redding Construction Standards
AASHTO guidelines
Caltrans Highway Design Manual
Caltrans Bridge Design Specifications
Caltrans Bridge Design Details
Caltrans Bridge Design Aids Manual
Caltrans Bridge Memos to Designers
Caltrans Bridge Design Practice
Caltrans Drafting and Plans Manual
Bridge and other design services shall at a minimum include, but not be limited, to the following:

Prepare Bridge General Plan Estimate
Bridge Design and Plan Preparation
Bridge Design Independent Check
Prepare Bridge Specification Special Provisions
Prepare Bridge Quantities
Other Design Services
Roadway
Drainage
Redding Municipal Utilities ( Water and Wastewater)
Utilities ( Telephone, Gas, Electrical, Cable)- Coordination with all utilities to ensure horizontal and vertical conflicts are identified and resolved through design or relocations.

An independent constructability review for the project will be accomplished at the appropriate design stages.

Packet Pg. 191 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) Final drawings will be prepared on 22" x 34" mylars for original signatures. Submittals for review will be at the appropriate design stages with drawings reduced by 50% and specifications on 81/2" x 11" reproducible paper. Ten ( 10) sets will be included at the review stages to allow the City and all other appropriate agencies consulted to provide a thorough review of the project documents. A complete and final set of contract documents, including plans, specifications, and estimates will be submitted on reproducible compact disk that meet all City requirements.

Complete bid packages shall be prepared incorporating all City standard general provisions, instructions and notice to bidders, technical specifications, special provisions, federal provisions, if required and approved plans reduced by 50%
Formal submittals ( plans, specifications and estimates) will occur at the 30 percent, 60 percent, 90 percent, and 100 percent Final Package completion points for City and outside agency review.

Submittal formats shall follow the City guidelines. Morrison Structures will respond to, and incorporate, if appropriate, any and all comments received from the City or any other regulatory or utility agency.

QUALITY CONTROL PLAN
Morrison Structures will have a Quality Control Plan in effect to assist quality assurance during the entire time work is in effect. Morrison Structures has total responsibility for the accuracy and completeness of the plans, calculations, related documents, and all other work furnished and shall meet that responsibility through the implementation of a Quality Control Plan. Morrison Structures Quality Control Plan shall be in effect throughout the entire Contract and, at a minimum, shall establish the process necessary to ensure the following and all design is done in accordance with good engineering practice and all work meets the standards set forth herein. a) All work is independently checked, corrected and re- checked, in accordance with accepted practice, by a qualified engineer, registered in the State of California. All job related correspondence and memoranda are routed and received by affected persons and then bound in appropriate job files. All original drawings and calculations shall be maintained for the duration of the design contract and submitted to the City at the completion of the work. b) Coordination and checks are provided on those drawings that show different work in the same area ( i.e. plans coordinated with specifications), to see that conflicts and misalignment do not occur between plan sheets, and between the plans and specifications. c) Morrison Structures will verify the constructability of the plans in relation to City' s Construction Standards, the " Greenbook" 2015 edition ( if utilized), modified CSI format ( if utilized), Caltrans Standards, independent technical specifications and the project special provisions.
d) Delivery of plans and computations must be accompanied by supporting documentation that demonstrates Morrison Structures is following its Quality Control Plan. The documentation may include copies of appropriate lists of deliverables, tables, plan sheet punch lists, etc., which show columns for checking, revising, back- checking, and quality control reviews. Design review submittals not accompanied by sufficient verification of quality control procedures will be returned to us. Documentation of quality assurance procedures is considered to be a requisite element of each review submittal. e) Prior to the above indicated submittals, Morrison Structures will perform an internal quality control and constructability review with engineers experienced in the appropriate discipline( s), and identify personnel responsible for this review, prior to the review.

Morrison Structures will then provide the review results to City. 30% Design ( General Plan Estimate)
Packet Pg. 192 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) Design criteria, preliminary layouts, and alternative alignments for the bridge will be developed in close cooperation with the City. The height and length of the bridge will be determined on the basis of the hydraulic study results and the site topography of the selected alignment. The bridge design will then be developed by considering the required bridge length and height, foundation requirements, and other engineering, environmental, and economic considerations.

A General Plan of the selected bridge alternative for the site will be prepared along with a General Plan Estimate and submitted to the City for approval.
60% Bridge Design( 60% PS& E)
Upon approval of the General Plan, a 60% preliminary design, plans, special provisions, and a construction cost marginal estimate for the bridge and roadway approaches will be prepared. The 60% plans, special provisions, and marginal estimate will be submitted to the City for review.

The bridge design will be in accordance with the current AASHTO guidelines, Caltrans Highway Design Manual, current AASHTO LRFD Bridge Design Specifications and Caltrans Amendments, Bridge Design Details Manual, Bridge Design Aids Manual, Bridge Memos to Designers, and City standards. Design live loading will be HL 93 with ' Low-Boy' and P- 15. Seismic design will be in accordance with current Caltrans Seismic Design Criteria ( SDC).

For budgeting purposes we assume the new structure will be on existing alignment and will be a multi- span superstructure on supporting bent/ abutments.

The road and structure details and specifications will be prepared in accordance with the 2015 edition of Caltrans Standard Plans, Standard Specifications, and Standard Special Provisions.

Morrison Structures' team will coordinate with the City in laying out the roadway and structure drawings, developing details, and providing consultation to the City during the environmental permit application process.

A set of quantity calculations will be prepared in accordance with the Caltrans Bridge Design Aids manual. These quantities will be used as the basis for the Engineer' s Estimate of construction cost for the road and bridge items. A list of SSP' s, and a specification issues log for the bridge items will also be developed.
60% PS& E - Unchecked details, consisting of 100 percent designed and detailed plans ready for the independent check, will be submitted to the City for review and comment. Plan review submittals will be half- size sheets ( 11" x17").

Deliverables:
10 sets of 11x17 plans, 10 sets of Outline Specifications, 10 set of Engineer' s Estimate. 90% Design ( 90% PS& E)
Morrison Structures shall perform an independent plan check of the 60% unchecked structure plans. The check shall include calculations to verify structure layout, geometry and conformance with the bridge design criteria. Discrepancies raised by the checker shall be discussed with the structural designer and shall be resolved. The 90% PS& E shall reflect agreement among the structural designer and independent checker.

Deliverables:
10 sets of 11x17 checked and signed plans, 10 sets of Engineer' s Estimate, 10 sets of edited SSP' s
Packet Pg. 193 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) Final Design ( PS& E)
Following the 90% PS& E review by City, agreed upon revisions shall be made to the PS& E.

Morrison Structures team shall prepare final road and structure item quantities and Engineer' s Estimate to use in preparing the contract bid documents. The revised and final PS& E shall be submitted to the City for final approval.

Upon the City's final approval of the PS& E package, an original set of stamped and signed plans, special provisions and engineers' estimate will be provided to the City in hard copy and on compact disk for its use in soliciting bids.

Deliverables:
1 set of 11x17 plans and special provisions signed and sealed. 1 Mylar set of 22 x 34 plans signed and sealed.
1 copy of Engineer' s Estimate.
1 copy of bid item quantity calculations.
1 set of final structural design calculations.
1 set of final independent check calculations.

Compact disk copy of signed plans, special provisions, and engineers' estimate.

RE Pending File, including related information as found in Section 4- 9 of the Caltrans OSFP Information and Procedures Guide.

Task 10: Assistance During Bidding& Construction
Morrison Structures will provide assistance to the City during the bidding and construction phases of the project of ensure the contractor understands all technical aspects of the design and any design changes. This work will include the following:

Participate in pre- bid meetings for prospective bidders to answer contractor and supplier technical questions,
Review of technical contractor and supplier submittals, Coordinate through the City responses to contractor and supplier technical questions during bidding and prepare any addenda required,
Provide any drawings, modifications and clarifications during the bidding period, Attend all pre- construction conferences,
Provide ongoing consultation and interpretation of contract documents as required, Assist the City with submittal reviews, preparation of change orders, and response to requests for information related to technical design issues encountered, Prepare design clarifications to clarify the design intent, Attend all final inspections,
Prepare as- built drawings following construction from markups by the contractor and resident engineer. As-built markups will be made by hand, on the original mylars in permanent ink. The original designers stamp and signature will be maintained on the asbuilt drawings. An "As- Built" or" Record Drawing" stamp shall be added to the drawings.

Packet Pg. 194 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) Contract No. Canyon Road Bridge over ACID Canal Project Date: I5- Feb- 17 Consultant: Morrison Structures, Inc.

DIRECT LABOR
Initial
Hourly
Classification Name Hours Rate Total
Preliminary Studies/ 30% PS& E/Environmental Services
Structural Engineer( E6) Morrison, Jr. Bob 100 $ 65. 93 6, 593. 00 Senior Civil Engineer( E5) Morrison, Sr. Bob 4 $ 60. 05 240. 20 Associate Engineer( E3) Roesner Dean 130 $ 43. 47 5, 651. 10 Technician( 12) Gallino Janet 64 $ 30. 09 1, 925. 76
298 14, 410. 06
Preliminary Design Development/ Environmental Services
Structural Engineer( E6) Morrison, Jr. Bob 90 $ 6593 5, 933. 70 Associate Engineer( E3) Morrison, Sr. Bob 4 $ 60. 05 240. 20 Engineer( E2) Roesner Dean 80 $ 43. 47 3, 477. 60
Technician( T2) Gallino Janet 80 $ 30. 09 2,407. 20
254 12, 058. 70
Final Design
Structural Engineer( E6) Morrison, Jr. Bob 140 $ 65. 93 9, 230. 20 Senior Civil Engineer( E5) Morrison, Sr. Bob 10 $ 60. 05 600. 50 Associate Engineer( E3) Roesner Dean 140 $ 43.47 6,085. 80 Technician( 12) Gallino Janet 175 $ 30. 09 5, 265. 75
465 21, I82.25
Services During Bidding and Construction
Structural Engineer( E6) Morrison, Jr. Bob 42 $ 65. 93 2, 769. 06 Associate Engineer( E3) Roesner Dean 70 $ 40. 10 2, 807. 00 Technician( T2) Gallino Janet 40 $ 27.90 1, 116. 00
152 6, 692. 06
Subtotal Direct Labor 1169 54, 343. 07
Anticipated Salary Increases 1, 036. 00
assumes 3% rate increase in 2018& 2019)-
Applied to Final Design and Services During
Construction respectively
Total Direct Labor Cost 55, 379. 07
Indirect Overhead Rate( Fringe Benefits+ Overhead+ G& A) Q 189. 30% 104, 832. 58 Subtotal Direct Labor and Indirect Overhead Rate 160, 211. 65 FIXED FEE 13. 00% 20, 827. 51
OTHER COSTS( refer to attached detail)
Expenses( mileage, binders, supplies, etc.) 1, 500. 00
Subconsultants
Omni Means( Surveys, Mapping, R/ W Easement, Util Coord, Potholing, Road PS& E) 122, 100. 00 Pacific Hydrologic( Hydraulic Study) 5, 000. 00
Advanced Engineering Graphics( Technician Services) 10, 000. 00 Curalium Consulting( DBE, Technical editing and writing) 4, 500. 00 CGI Technical Services( Geotechnical Engineering Services) 22, 200. 00 North State Resources, Inc.( Envir. Studies, Documentation, Permitting) 58, 400. 00 Bender Rosenthal, Inc.( R/ W Appraisals& Acquisitions) 16,400. 00 R Valentine, Inc.( Independent Check) 12, 000. 00
Subtotal Other Costs 252, 100. 00
Markup Other Costs 0. 00% 00
GRAND TOTAL 433, 139. 16
Packet Pg. 195 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) N
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0 Packet Pg. 196 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) omni • means

ENGINEERING SOLUTIONS
Project Budget Estimate Exhibit 10- H
City of Redding Cost Proposal
Canyon Road Bridge Over ACID Canal Replacement Project
Date: 2/ 17/ 17
PRO No. 7527
Contract No. Date February 17, 2017
Consultant OMNI- MEANS, Ltd. A GHD Company

DIRECT LABOR
Initial Hourly
Classification Name Range($) Hours Rate($) Total

66. 71
Proj Mngr 4 Wenham 75. 81 55 @ 69. 71 3, 834. 05

50. 88
Engineer 4 Blais 81. 73 163 @ 46. 00 7, 498. 00

38. 20
Engineer 3 Tenney 47. 51 224 @ 38. 21 8, 559. 04

30. 12
Engineer 2 Sigler 38. 15 292 @ 33. 00 9, 636. 00

21. 92
Surveyor 2 Bohannan 30. 25 68 @ 24. 51 1, 666. 68

28. 75
Surveyor 3 Cooke 40. 05 34 @ 38. 00 1, 292. 00

51. 27
Surveyor4 Howard 68. 73 30 @ 52. 08 1, 562. 40

12. 00
Clerical 21. 70 34 @ 15. 00 510. 00
Subtotal Hours 900
Subtotal Direct Labor Costs 34, 558. 17
Anticipated Salary Increases ( see attached calculation) 1, 599. 32 Total Direct Labor Costs 36, 157. 49
Indirect Rate Rate Total
Fringe Benefits+ Overhead+ G& A) 192. 99% 69, 780. 34
Total Indirect Costs 69, 780. 34
FEE Rate Total

10. 00% 10, 593. 78
Total Fee 10, 593. 78

OTHER COSTS
Potholing 5, 000. 00
Photocopies/ Reproduction/ Postage 400. 00
Other Costs 107. 00
Total Other Costs 5, 507. 00
Total OMNI- MEANS Costs 122, 038. 61
OMNI- MEANS Page 1 of 2 P7527BUD002 Packet Pg. 197 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) omni • means

ENGINEERING SOLUTIONS
Project Budget Estimate Exhibit 10- H
City of Redding Salary Increases
Canyon Road Bridge Over ACID Canal Replacement Project Calculation Date: 2/ 17/ 17
PRO No. 7527
Consultant Name: Omni- Means, Ltd. A GHD Company

1. Calculate average hourly rate for 1st year of the contract( Direct Labor Subtotal divided by total hours) DL Subtotal per Total Hours per Cost
Cost Proposal Proposal Avg Hourly Rate
34, 558. 17 / 900 38. 40 Year 1 Avg Hourly Rate

2. Calculate hourly rate for all years( Increase the Average hourly rate for a year by proposed escalation%) Avg hourly Rates Proposed Escalation
Year 1 $ 38. 40 3% 39. 55 Year 2- Avg Hrly Rate
Year 2 $ 39. 55 3% 40. 74 Year 3- Avg Hrly Rate
Year 3 $ 40. 74 3% 41. 96 Year 4- Avg Hrly Rate
Year 4 $ 41. 96 3% 43. 22 Year 5- Avg Hrly Rate

3. Calculate estimated hours per year( Multiply estimate% each year by total hours) Estimated % of DL Total Hours per Cost
Completed Each Year Proposal
Year 1 35. 0% 900 315 Estimated Hours Year 1
Year 2 20. 0% 900 180 Estimated Hours Year 2
Year 3 20. 0% 900 180 Estimated Hours Year 3
Year 4 10. 0% 900 90 Estimated Hours Year 4
Year 5 15. 0% 900 135 Estimated Hours Year 5
Total 100. 0% Total 900 hrs

4. Calculate Total Costs including Escalation ( multiply average hourly rate by the number of hours) Avg Hourly Rate Estimated hours
calculated above) calculated above)
Year 1 $ 38. 40 315 12, 095. 36
Year 2 $ 39. 55 180 7, 118. 98
Year 3 $ 40. 74 180 7, 332. 55
Year 4 $ 41. 96 90 3, 776. 26
Year 5 $ 43. 22 135 5, 834. 33
Estimated Direct Labor Costs With Escalation 36, 157. 49 Direct Labor Subtotal before escalation 34, 558. 17
Recalculated Escalation w/ o Overhead Rate & Fees 1, 599. 32 Estimated total Salary Increases OMNI- MEANS Page 2 of 2 P7527BUD002 Packet Pg. 198 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) Form 10- H

SUBCONSULTANT COST PROPOSAL

COST PROPOSAL
CONTRACT No. Bridge 6C0- 0307, Canyon Road over ACID Canal, City of Redding Date 20- Apr- 17 CONSULTANT Pacific Hydrologic Incorporated
DIRECT LABOR Initial
Hourly
Classification Name Range Hours Rate Total
Principal Engineer Norman S. Braithwaite 22. 5 @ $ 49. 00 $ 1, 102. 50 Subtotal Direct Labor Costs $ 1, 102. 50
Total Direct Labor Costs 1, 102. 50
FRINGE BENEFITS and INDIRECT COSTS Rate Total
Fringe Benefits, Overhead/ G& A 233. 00% $ 2, 568. 83
Total Fringe Benefits 2, 568. 83
FEE @ 10% 367. 13

OTHER COSTS
Travel& Per Diem
Office Misc.& Reproductions
Total Other Costs
TOTAL COSTS 4, 038. 46
Packet Pg. 199 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) Advanced Engineering Graphics, Inc.

Cost Proposal for Caynon Road Bridge Bridge Replacement Contract No. Canyon Road Bridge Date: 5-Apr-17
Subconsultant: Advanced Engineering Graphics, Inc.

DIRECT LABOR
Initial
Hourly
Classification Name Hours Rate Total
Task 1- Layout and draft design
I echnician rticnara unlmann bu $ 46. lb y 2, 805. 00
20% Contgenency 12 $ 46. 75 561. 00
00 00
Task Total $ 3, 366. 00
Task 2- Revisions/ 100%
I echnician Richard Uhlmann 30 $ 46. 75 1, 402. 50
20% Contgenency 6 $ 46.75 280. 50
00 00
Task Total $ 1, 683.00
Subtotal Direct Labor $ 5, 049. 00
Anticipated Salary Increases 00
Total Direct Labor Cost $ 5, 049. 00
Indirect Overhead Rate @ 81. 00% 4, 089. 69
Subtotal Direct Labor and Indirect Overhead Rate $ 9, 138. 69 FIXED FEE 822. 48
OTHER COSTS( refer to attached detail)
Expenses( mileage, supplies, etc.)
Subconsultants
Sub consult A
Sub consult B
Subtotal Other Costs 00
GRAND TOTAL 9, 961. 17
Packet Pg. 200 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) Contract No. City ofRedding Canyon Road Bridge Replacen Date: 4/ 6/ 2017 Subconsultant: Curalium Consulting

DIRECT LABOR
Initial
Hourly
Classification Name Hours Rate Total
Advanced Planning Study
Coral Cavanagh 16 $ 65. 00 1, 040. 00
Task Subtotal 16 1, 040. 00
Environ Documentation NES
Coral Cavanagh 16 $ 65. 00 1, 040. 00
Task Subtotal 16 1, 040. 00
Other Project Documents
Coral Cavanagh 2. 5 $ 65. 00 162. 50
Task Subtotal 2. 5 162. 50
Subtotal Direct Labor 34. 5 2, 242. 50
Anticipated Salary Increases 00
Total Direct Labor Cost S 2, 242. 50
Indirect Overhead Rate @ 81. 00% 1, 816. 43
Subtotal Direct Labor and Indirect Overhead Rate 4, 058. 93 FIXED FEE 10. 00% 405. 89
OTHER COSTS( refer to attached detail)
Expenses( mileage, supplies, etc.)
Subconsultants
Sub consult A
Sub consult B
Subtotal Other Costs 00
GRAND TOTAL 4, 464.82
Packet Pg. 201 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) Contract No. Canyon Road over A.C. I.D. Canal Date: 15- Feb- 17 Subconsultant: CGI Technical Services, Inc.

DIRECT LABOR
Initial
Hourly
Classification Name Hours Rate Total
Task 1- Pre-Exploration
Geologist Josh Smith 3 $ 52.00 156. 00
Senior Engineer Azeddine Bahloul 1 $ 52.00 52. 00
Task 2- Field Exploration
Geologist Josh Smith 16 $ 52. 00 832. 00
Task 3- Laboratory Testing
Geologist Josh Smith 1 $ 52. 00 52. 00
Task 4- Geotechnical Analyses
Senior Engineer Azeddine Bahloul 16 $ 52. 00 832. 00
Geologist Josh Smith 2 $ 52. 00 104. 00
Task 5- Reporting
Senior Engineer Azeddine Bahloul 7 $ 52. 00 364. 00
Geologist Josh Smith 16 $ 52. 00 832. 00
Mapping/ Designer Josh Smith 4 $ 52. 00 208. 00
Subtotal Direct Labor 66 3, 432. 00
Anticipated Salary Increases
Total Direct Labor Cost 3, 432. 00
Indirect Overhead Rate @ 154. 89% 5, 315. 82
Subtotal Direct Labor and Indirect Overhead Rate 8, 747. 82 FIXED FEE 10. 00% 874. 78
OTHER COSTS( refer to attached detail)
Expenses( mileage, supplies, etc.) 277. 00
Subconsultants
Diamond Core Drilling 7, 925. 00
Cooper Testing Laboratory 750. 00
HDR/ Schiff Laboratory 250. 00
Highway Specialties 1, 550.00
Lab Testing 1, 780. 00
Subtotal Other Costs 12, 532. 00
GRAND TOTAL 22, 154. 61
Packet Pg. 202 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) Exhibit 10- H Cost Proposal
City of Redding Public Works Department
Environmental Services for Canyon Road Bridge over A. C. I.D. Replacement Project Contract No. RFP# 4864 Date 2/ 16/ 2017
Consultant North State Resources, Inc.

DIRECT LABOR
Classification Name Hours Rate Total
Principal T. Reilly 1 63. 06 $ 63. 06
Program Manager 4 W. Lanning 20 57. 68 $ 1, 153. 60
Program Manager 4 K. Marine 0 60. 93 $
Cultural Resources Specialist 3 A. Starkey 24 31. 36 $ 752. 64 Cultural Resources Specialist 2 TBD 100 23. 00 $ 2, 300. 00 Biologst 4 L. Lindstrand 8 43. 87 $ 350. 96
Biologist 2 S. Tonah 142 24. 93 $ 3, 540. 06
Biologist 2 D. Pluth/ M. Mercer 0 24. 72 $
Environmental Analyst 4 C. Carpenter 165 34. 65 $ 5, 717. 25 GIS& Mapping Analyst 2 T. Mooney 36 26. 90 $ 968. 40
Technical Writer 4 K. McDonald 8 39. 52 $ 316. 16
Admin. Assistant 3 S. Langford 44 28. 09 $ 1, 235. 96
Admin. Manager 3 B. Weichman/ G. Smith 12 35. 38 $ 424. 56 Admin. Assistant 2 R. Barnard 8 24. 15 $ 193. 20
Biologist 1 TBD 21. 53
Cultural Resource Specialist 1 TBD 18. 00
Environmental Analyst 3 TBD 30. 75
GIS& Mapping Analyst 4 C. Shoemaker 37. 43
U
Total Hours 568
Subtotal Direct Labor Costs $ 17, 015. 85
Anticipated Salary Increases( 2yr@2. 5%) $ 193. 13
Total- Direct Labor Costs $ 17, 208. 98

INDIRECT COSTS
Rate Total
Overhead 91. 30% 15, 711. 80
Fringe Benefit 50. 40% 8, 673. 32
General and Administrative 30. 80% 5, 300. 37
172. 50%
Total Indirect Costs 29, 685. 49
FEE( 10. 0% Profit) Total Fee 4, 689. 45
OTHER COSTS Unit Cost Total
Travel 40 $ 0. 57 22. 60
Pier Diem/ Hotel 0 $ 129. 00
Graphics( Poster Boards) 0 $ 45. 00
Conference Call and Mailing Costs 22 $ 10. 00 220. 00
GIS Work Station 36 $ 12. 85 462. 60
Submeter GPS Usage( per day) 3 $ 60. 00 180. 00
Other Direct Cost, Info Center 1 $ 250. 00 250. 00
8- 1/ 2X11 reproduction( B& W) 7500 $ 0. 06 450. 00
11X17 reproduction( B& W) 100 $ 0. 11 11. 00
8- 1/ 2X11 reproduction( Color) 375 $ 0. 75 281. 25
11X17 reproduction( Color) 250 $ 1. 50 375. 00
Other Costs total 2, 252. 45
Subcontractor Costs
Bollard Acoustical Consulting, Inc. 1 4, 500 4, 500. 00 1 0
0 Total Subcontractors 4, 500. 00
Packet Pg. 203 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) TOTAL COST 58, 336. 36
Packet Pg. 204 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) Local Assistance Procedures Manual EXHIBIT 10- H
Sample Cost Proposal
EXHIBIT 10- H SAMPLE COST PROPOSAL( EXAMPLE# 1) Page 2 of 2

ACTUAL COST- PLUS- FIXED FEE OR LUMP SUM( FIRM FIXED PRICE) CONTRACTS

SAMPLE CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Consultant North State Resources, Inc. Contract No. RFP# 4864 Date 2/ 16/ 17

1. Calculate Average Hourly Rate for 1st year of the contract( Direct Labor Subtotal divided by total hours) Direct Labor Total Hours per Avg 5 Year
Subtotal per Cost Cost Proposal Hourly Contract
Proposal Rate Duration
17, 015. 85 568 29. 96 Year 1 Avg
Hourly Rate

2. Calculate hourly rate for all years( Increase the Average Hourly Rate for a year by proposed escalation%) Avg Hourly Rate Proposed Escalation
Year 1 29. 96 2. 50% 30. 71 Year 2 Avg Hourly Rate
Year 2 30. 71 2. 50% 31. 48 Year 3 Avg Hourly Rate
Year 3 31. 48 2. 50% 32. 27 Year 4 Avg Hourly Rate
Year 4 32. 27 2. 50% 33. 08 Year 5 Avg Hourly Rate

3. Calculate estimated hours per year( Multiply estimate% each year by total hours) Estimated% Completed Total Hours per Cost Total Hours per Each Year Proposal Year
Year 1 55. 0% 568 312 Estimated Hours Year 1
Year 2 45. 0% 568 256 Estimated Hours Year 2
Year 3 0. 0% 568 0 Estimated Hours Year 3
Year 4 0. 0% 568 0 Estimated Hours Year 4
Year 5 0. 0% 568 0 Estimated Hours Year 5
Total 100% Total 568

4. Calculate Total Costs including Escalation( Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours Cost per
calculated above) calculated above) Year
Year 1 29. 96 312 9, 359. 50 Estimated Hours Year 1
Year 2 30. 71 256 7, 849. 48 Estimated Hours Year 2
Year 3 31. 48 0 0. 00 Estimated Hours Year 3
Year 4 32.27 0 0. 00 Estimated Hours Year 4
Year 5 33. 08 0 0. 00 Estimated Hours Year 5
Total Direct Labor Cost with Escalation 17, 208. 98
Direct Labor Subtotal before Escalation 17, 015. 85
Estimated total of Direct Labor Salary Transfer to Page 1 Increase 193. 13
NOTES:

This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the% increase, the# of years ofthe contract, and a breakdown ofthe labor to be performed each year.

An estimation that is based on direct labor multiplied by salary increase% multiplied by the# of years is not acceptable. i.e.$ 250, 000 x 2% x 5 yrs=$ 25, 000 is not an acceptable methodology) This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

LPP 15- 01 January 14, 2015
Packet Pg. 205 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) Form 10- H

SUBCONSULTANT COST PROPOSAL

COST PROPOSAL
CONTRACT No. Canyon Road Bridge BHLS- 5068( 037) Date 9- Feb- 17 CONSULTANT Bender Rosenthal, Inc.

DIRECT LABOR Initial
Hourly
Classification Name Task Hours Rate Total
ROW Project Manager Brenda Schimpf PM/ Acq 10. 0 @ $ 66. 95 $ 669. 50 ROW Specialist Mike Lahodny ROW Planning 20. 0 @ $ 62. 00 $ 1, 240. 00 Appraiser( s) TBD Appraisals 32. 0 @ $ 45. 00 $ 1, 440. 00 Acquisition Agent( s) TBD Acquisitions 44. 0 @ $ 42. 00 $ 1, 848. 00 Researcher( s) TBD Apprs/ Acq Support 24. 0 @ $ 30.00 $ 720. 00 Administrator/ Clerical TBD 12. 0 @ $ 20. 00 $ 240. 00
Subtotal Direct Labor Costs $ 6, 158
Total Direct Labor Costs 6, 158
FRINGE BENEFITS Rate Total
Fringe Benefits 64. 80% $ 3, 990
Total Fringe Benefits 3, 990

INDIRECT COSTS
Overhead/ General and Administrative 39. 27% $ 2, 418
Total Indirect Costs 2, 418
FEE 1, 257

OTHER COSTS
Travel/ Mileage 1812 0. 535 $ 969
Independent Appraisal Review Fee 1 at $ 1, 500 $ 1, 500 Shipping 6 at 18 $ 108
Total Other Costs 2, 577
TOTAL COSTS 16, 400
Packet Pg. 206 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) Contract No. Canyon Road Date: 6-Apr- 1 7
Subconsultant: Nutt, Redfield and Valentine

DIRECT LABOR
Initial
Hourly
Classification Name Hours Rate Total
Final Design
Valentine, Bob 57 $ 100. 00 5, 700. 00
5, 700. 00
57 5, 700. 00
Subtotal Direct Labor 57 5, 700. 00
Total Direct Labor Cost 5, 700. 00
Indirect Overhead Rate @ 90. 00% 5, 130. 00
Subtotal Direct Labor and Indirect Overhead Rate 10, 830. 00 FIXED FEE 10. 00% 1, 083. 00

OTHER COSTS
Expenses( mileage, supplies, etc.) 87. 00
Subtotal Other Costs 87. 00
GRAND TOTAL 12, 000. 00
Packet Pg. 207 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION Local Assistance Procedures Manual

NOTICE TO PROPOSERS DBE INFORMATION
EXHIBIT 10- I( NEW 01/ 2017) Page 1 of 2

NOTICE TO PROPOSERS DBE INFORMATION
The Agency has established a DBE goal for this Contract of 1. 0 OR
The Agency has not established a goal for this Contract. However, proposers are encouraged to obtain DBE participation for this contract.

1. TERMS AS USED IN THIS DOCUMENT
The term " Disadvantaged Business Enterprise" or" DBE" means a for-profit small business concern owned and controlled by a socially and economically disadvantaged person( s) as defined in Title 49, Code of Federal Regulations( CFR), Part 26. 5.

The term" Agreement" also means" Contract."
Agency also means the local entity entering into this contract with the Contractor or Consultant.

The term" Small Business" or" SB" is as defined in 49 CFR 26. 65.

2. AUTHORITY AND RESPONSIBILITY
A. DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts financed in whole or in part with federal funds ( See 49 CFR 26, " Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs"). The Consultant must ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance.

The proposer must not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts.

B. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs.

3. SUBMISSION OF DBE INFORMATION
If there is a DBE goal on the contract, Exhibit 10- 01 Consultant Proposal DBE Commitment must be included in the Request for Proposal.

In order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the proposer must document adequate good faith efforts. All DBE participation will be counted towards the contract goal; therefore, all DBE participation shall be collected and reported.

Exhibit 10- 02 Consultant Contract DBE Information must be included with the Request for Proposal. Even if no DBE participation will be reported, the successful proposer must execute and return the form.

4. DBE PARTICIPATION GENERAL INFORMATION
It is the proposer' s responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department' s DBE program developed pursuant to the regulations. Particular attention is directed to the following:

A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program ( CUCP).

B. A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendor of material or supplies, or as a trucking company.

C. A DBE proposer not proposing as a joint venture with a non- DBE, will be required to document one or a combination of the following:

1. The proposer is a DBE and will meet the goal by performing work with its own forces.

2. The proposer will meet the goal through work performed by DBE subconsultants, suppliers or trucking companies.

3. The proposer, prior to proposing, made adequate good faith efforts to meet the goal.

D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest.

ADA Notice
For individuals with sensory disabilities, this document is available in alternate formats. For information, call( 916) 445- 1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS- 89, Sacramento, CA 95814.

Packet Pg. 208 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute) STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION Local Assistance Procedures Manual

NOTICE TO PROPOSERS DBE INFORMATION
EXHIBIT 10- I( NEW 01/ 2017) Page 2 of 2
E. A DBE must perform a commercially useful function pursuant to 49 CFR 26. 55, that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work.

F. The proposer shall list only one subconsultant for each portion of work as defined in their proposal and all DBE subconsultants should be listed in the bid/ cost proposal list of subconsultants.

G. A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the DBE participation except that portion of the work to be performed by non- DBE subconsultants.

5. RESOURCES
A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1- 866- 810- 6346 for assistance.

B. Access the CUCP database from the Department of Transportation, Office of Business and Economic Opportunity Web site at:
http:// www. dot. ca. gov/ hq/ bep/.

1. Click on the link titled Disadvantaged Business Enterprise;

2. Click on Search for a DBE Firm link;

3. Click on Access to the DBE Query Form located on the first line in the center of the page.

Searches can be performed by one or more criteria. Follow instructions on the screen.

6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE DBE GOAL UNDER THE FOLLOWING CONDITIONS:

A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or establishment that produces on the premises the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications.

B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section.

C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers' own distribution equipment shall be, by a long- term lease agreement and not an ad hoc or Agreement- by- Agreement basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section.

D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services.

ADA Notice
For individuals with sensory disabilities, this document is available in alternate formats. For information, call( 916) 445- 1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS- 89, Sacramento, CA 95814.

Packet Pg. 209 Attachment: Agreement - C-7354 (4.11(c)--Approve the Fifth Amendment and authorize the Mayor to Execute)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Approve and authorize the Mayor to execute the Fourth Amendment to Consulting and Professional Services Contract (C-9021) with Stantec Consulting Services, Inc. (Stantec), in the amount of $32,735.40, for a total not-to-exceed fee of $224,464.40, for environmental services for the Stillwater Business Park Phase 2 Roadway Project; and authorize the City Manager to approve future contract amendments up to $30,000.

Fiscal Impact
The Stillwater Business Park Phase 2 Project is being funded by the General Fund. On November 16, 2021, the City Council (Council) approved Budget Resolution 2021-078 in the amount of $1,500,000 to fund ongoing project development costs. To date, Stillwater Business Park property sales are in excess of $2 million, which will sufficiently cover the projected cost of this amendment. The funding source for the construction of the necessary improvements has not yet been determined.

Alternative Action
The Council may choose to not to approve the amendment for Consulting and Professional Services Contract (C-9021) with Stantec and provide staff with alternative direction. Without these studies, the project would not comply with guidelines set forth in the California Environmental Quality Act (CEQA) or the National Environmental Policy Act (NEPA), and the project would not fulfill its obligation of providing a completed business park to its tenants.

Background/Analysis
The City is responsible for infrastructure improvements at Stillwater Business Park (Park), including street lights, paving, landscaping, and utility installation. At the mid-year budget review in February 2021, the Council approved an allocation of $500,000 out of the proceeds from land sales to fund the design of the infrastructure improvements at the Park.

MEETING DATE: April 18, 2023
ITEM NO. 4.11(d)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.11(d)--Approve the Fourth Amendment to Consulting and Professional Services Contract (C-9021) for the Stillwater Business Park Phase II Roadway Project Chuck Aukland, Public
Works Director
Packet Pg. 210
Report to Redding City Council April 12, 2023
Re: 4.11(d)--Approve the Fourth Amendment to Consulting and Professional Services Contract (C-9021) Page 2
In November 2021, the Council adopted a Resolution approving and adopting the 19th Amendment to City of Redding Budget Resolution No. 2021-078, appropriating $1,500,000 for consultant costs related to project development, including but not limited to surveys, design, environmental clearance, and right of way acquisitions with appraisals for the remainder of the improvements. To date, property sales are in excess of $2 million. A budget resolution to allocate funding from the proceeds of the property sales will be presented to the Council for approval at a future meeting.

An environmental service contract was executed with Stantec in 2021. Stantec was selected from the Engineering On-Call Consultant List, and the contract cost was anticipated to remain below the $200,000 limit; however, during the course of field studies, potential habitat for a federally listed species was found. This discovery requires the City to perform protocol level surveys and prepare a technical report addressing any potential impact. This documentation is required for compliance with NEPA and to satisfy the regulatory agency permit requirements. This documentation will also be needed to obtain any available federal grant funds for the project.

Staff recommends approval of the contract amendment so the environmental studies can continue forward to completion. Due to the complex nature of consultation and permitting, staff also recommends the Council authorize the City Manager to approve future contract amendments up to $30,000.

The amendment has been approved as to form by the City Attorney.

Environmental Review
This activity is not a project as defined by CEQA or NEPA, and no further action is required.

Approval of the contract amendment will allow the consultants to continue the technical environmental studies necessary for project compliance with CEQA and NEPA.

Council Priority/City Manager Goals
This is a routine operational item.

Attachments
4th Amendment C-9021
3rd Amendment C-9021
2nd Amendment C-9021
1st Amendment C-9021
Agreement C-9021
Previous Staff Report 8-3-2021
Previous Staff Report 11-16-2021
Packet Pg. 211
Packet Pg. 212
Attachment: 4th Amendment C-9021 (4.11(d)--Approve the Fourth Amendment to Consulting and Professional Services Contract (C-9021)) Packet Pg. 213
Attachment: 4th Amendment C-9021 (4.11(d)--Approve the Fourth Amendment to Consulting and Professional Services Contract (C-9021)) Packet Pg. 214
Attachment: 4th Amendment C-9021 (4.11(d)--Approve the Fourth Amendment to Consulting and Professional Services Contract (C-9021)) Packet Pg. 215
Attachment: 4th Amendment C-9021 (4.11(d)--Approve the Fourth Amendment to Consulting and Professional Services Contract (C-9021)) Packet Pg. 216
Attachment: 4th Amendment C-9021 (4.11(d)--Approve the Fourth Amendment to Consulting and Professional Services Contract (C-9021)) Packet Pg. 217
Attachment: 4th Amendment C-9021 (4.11(d)--Approve the Fourth Amendment to Consulting and Professional Services Contract (C-9021)) Packet Pg. 218
Attachment: 4th Amendment C-9021 (4.11(d)--Approve the Fourth Amendment to Consulting and Professional Services Contract (C-9021)) Packet Pg. 219
Attachment: 4th Amendment C-9021 (4.11(d)--Approve the Fourth Amendment to Consulting and Professional Services Contract (C-9021)) f
1'
Environmental
Business Park Phase
Services
11 Roadway
for th
Project
The Consulting and Professional Services Contract C- 9021 (" Contract") dated September 1, 2021, and amended February 8, 2022, and September 12, 2022, between the City of Redding, California City") a municipal corporation, and Stantec Consulting Services, Inc. (" Consultant") is hereby amended as follows:

SECTION 3. A is amended to read in its entirety as follows:

A. Consultant shall commence work on or about September 7, 2021, and complete said work no later than December 31, 2024. Time is of the essence.

All other terms and conditions of the Contract dated September 1, 2021, and amended February 8, 2022, and September 12, 2022, shall remain in full force and effect.

The date of this Amendment shall be the date that it is signed by the City.

IN WITNESS WHEREOF, City and Consultant have executed this Amendment on the days and year set forth below:

CITY OF REDDING
A Municipal Corporation
Dated: ' 2022
By: BA TIP City Manager
Attest.,
Form Approved:

BARRYE. DeWALT
City Attorney
t,-,;" PAMELA MIZE, City Clerk By.-

CONSULTANT
y:

CONSULTANT
Stantec Consulting Services, Inc.
f
Dated: °' , 2022
By:
4- 61
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Packet Pg. 220 Attachment: 3rd Amendment C-9021 (4.11(d)--Approve the Fourth Amendment to Consulting and Professional Services Contract (C-9021))

SECOND AMENDMENT TO
CONSULTING AND PROFESSIONAL SERVICES CONTRACT ( C- 9021) Environmental Services for the
Stillwater Business Park Phase 11 Roadway Project
The Consulting and Professional Services Contract C- 9021 (" Contract") dated September 1, 2021, and amended February 8. 2022, between the City of Redding, California (" City") a municipal corporation. and Staritec Consulting Services, Inc. (" Consultant") is hereby amended as follows:

SECTION I is amended to read in its entirety as follows:

Subject to the terms and conditions set forth in this contract, Consultant shall provide to City the services described In Exhibit A, Exhibit A- 1, and Exhibit A- 2, attached and incorporated herein.

Consultant shall provide the services at the time, place and in the manner specified in Exhibit A.

Exhibit A- 1, and Exhibit A-2.

The Exhibit A-2 attached to this Second Amendment is incorporated into the Contract dated September 1, 2021, and amended February 81. 2022, as Exhibit A- 2.

SECTION 2. A is ainended to read in its entirety as follows:

A. City shall pay Consultant for services rendered pursuant to this Contract, at the times and in the manner set forth in Exhibit A. A-]. A
and B and B- 1, attached and incorporated
herein, in a total amount not to exceed One Hundred Ninety -One Thousand Seven Hundred Twenty -Nine Dollars ($ 191, 729). This sum includes all out- of-pocket travel, lodging and incidental expenses incurred by Consultant that are reasonably associated with the provision of services under this Contract. The payments specified herein shall be the only to be made to Consultant for services rendered pursuant to this Contract. payments
All other terms and conditions of the Contract dated September 1, 2021. remain in full force
and effect.

The date of this Amendment shall be the date that it is signed by the City, E
Packet Pg. 221 Attachment: 2nd Amendment C-9021 (4.11(d)--Approve the Fourth Amendment to Consulting and Professional Services Contract (C-9021)) IN WITNESS WHEREOF, City and Consultant have executed this Amendment on the days and year set forth below:

CITYOF REDDING
AnA&M
Dated: 2022
By BAIRRYT I'V, - Ianqger
Attest:
z
PA11ELA JVIZE, Ci' v' C erk
Dated: 4-1- 2 -, 2022
Form Approved.-
B,4RRYE DeTVALT
0h; Attorney

R, ILVLD
WINT

CONSULTANT
Stantee COnsultino. Services, Inc.

Packet Pg. 222 Attachment: 2nd Amendment C-9021 (4.11(d)--Approve the Fourth Amendment to Consulting and Professional Services Contract (C-9021)) 4 Stantec 376 Hartnell Avenue, Suite 8
Redding, CA 96002
August 8, 2022
Attention: Ms. Amber Kelley, Environmental Compliance Manager City of Redding
777 Cypress Avenue
Redding, CA 96DO1
Proposal to Provide Environmental Services for the City of Redding' s Stillwater Business Park Phase 2B Roads Project (Contract [C- 9021]) Dear Ms. Amber Kelley, Thank you for your request to submit a proposal to provide environmental services in support of the City of Redding' s ( City) Stillwater Business Park Phase 2B Roads Project. The City' s Request for Proposals RFP) is requesting a scope of work, tentative completion schedule, and cost estimate to conduct a cultural resource investigation and prepare a Cultural Resources Inventory report; conduct biological/ botanical studies and prepare a Biological Resource Assessment report; prepare an Air Quality Technical Memorandum; prepare a Greenhouse Gas/ Energy report; California Environmental Quality Act ( CEQA) documentation including, an Initial Study and Mitigated Negative Declaration iS/ MND) and Mitigation Monitoring Plan ( MMP); and regulatory agency permitting assistance. We determined that a stand- alone wildland fire study is not necessary for this project; the issue can be addressed in response to the CEQA Appendix G Guidelines checklist, supported by the project Environmental Impact Study/Environmental Impact Report (EIS/ EIR) ( Diaz and Associates 2006). We will use the prior EIS/EIR document and technical studies to the fullest extent and will focus efforts on changes to the environmental setting, regulatory requirements, and refinements to the project as summarized in our previously submitted environmental constraints report ( January 5, 202211.

Project Understanding
construction of Road B will join Venture Parkway approximately 2, 300 of ea' o the intersection of Rancho Road and Old Oregon Trail. From Venture Parkway, Road B would head north with slight bends for approximately 1, 600 feet and will terminate with a cul- de-sac, The third location would construct the remainin ntLILQ-a" W t24Ag z&-- z
5, 000 feet connecting to the existing phase 2 bridge- Construction of Venture Parkway would continue South of the existi W
and reconstruct Fig Tree Lane to its intersection of Airport Road. A new joining road would be constructed in a vacant tot between Fig Tree Lane, Airport Road, and Skyway Street that would connect Airport Road to Fig Tree Lane. Airport Road would be reconstructed from approximately 400 feet northwest Fig Tree Lane to Lassen View Lane and reconstruction of Skyway Street.

The purpose of the project is to construct and reconstruct road access to the developing Stillwater Business Park and nearby residences. Under the existing conditions, existing roads would be reconstructed to meet current design standards and new roads would be constructed to connect to existing Phase 2 roads and • providing continuity to the area, The project will require earthwol Packet Pg. 223 Attachment: 2nd Amendment C-9021 (4.11(d)--Approve the Fourth Amendment to Consulting and Professional Services Contract (C-9021)) August 8, 2022