Redding City Council
November 7, 2023

4.20.180 Local business preference.

A. Local Business Defined. For purposes of this section, a "local business" means a business enterprise including but not limited to, a sole proprietor, partnership, or corporation which has the following:

1. A valid business license issued from the City of Redding; and

2. Has a place of business with a physical address located within the jurisdictional limits of the City of Redding and retains at least one full time equivalent employee at that location.

B. Where competitive bidding is utilized for the purchase of taxable goods pursuant to Sections 4.20.120A. and

4.20.130A., and the lowest responsible bidder is not a local business, the Purchasing Officer shall provide the lowest responsible local business bidder, should one exist and its bid is within five percent of the lowest responsible bidder, with notice and an opportunity to reduce its bid to match that of the lowest responsible bidder.

C. Upon notice being provided pursuant to Section 4.20.180 B., the local business shall have two full business days to provide written notice to the purchasing officer of its desire to match the lowest bid. In the event the local business elects to match, the contract will be awarded to the local business. In the event, the local business provided the opportunity to match does not opt to match the lowest responsible bid, the award of the contract shall be given to the lowest responsible bidder.

D. In instances where a local business and a non-local business submit equivalent lowest, responsible bids, the Purchasing Officer shall give preference to the local business.

E. All notices required under this section may be made orally, in writing or electronically.

F. Local preference shall not apply to any procurement of public work or where prohibited by grant funding or other specific directive.
(Ord. No. 2452, § 1, 3-2-2010; Ord. No. 2487, § 3, 10-16-2012; Ord. No. 2625 , § 8, 7-21-2020) Packet Pg. 282 Attachment: Redding Municipal Code_4.20.180 (4.6(a)--Award Bid Schedule 5410)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Authorize the following relative to the Outdoor Equity Grants Program administered by the California Department of Parks and Recreation:
(1) Adopt Resolution approving the City of Redding as an applicant; 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 or augmentations necessary to implement the project.

Fiscal Impact
The grant application will request up to $700,000 for the Martin Luther King, Jr. Center’s (MLK Center) Sacramento to Sea program, an eight-week educational camp for under-resourced youth.

If awarded the grant, it will provide funding for all direct programming costs, such as staffing, transportation, materials, and supplies. No matching funds are required for the program, and there will be no impact to the General Fund.

Alternative Action
The City Council could decline to apply for the funds and not take advantage of this grant opportunity, or provide staff with alternate direction.

Background/Analysis
Following the passage of Assembly Bill 209 (AB 209) on July 1, 2020, the California Legislature funded the Outdoor Equity Grants Program (OEP). The OEP allotted $31 million to support the health of Californians by creating outdoor program access for underserved communities. The grant application deadline is December 14, 2023.

MEETING DATE: November 7, 2023
ITEM NO. 4.6(b)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.6(b)--Adopt Resolution Approving the Application for an Outdoor Equity Grant through the State Department of Parks and Recreation
Travis Menne, Director of
Community Services
Packet Pg. 283
Report to Redding City Council October 30, 2023
Re: 4.6(b)--Resolution to Approve Outdoor Equity Grant Application Page 2 Staff identified the Martin Luther King, Jr. Center and its mission as well-suited to meet the priorities of the grant guidelines. If awarded, the grant would fund the Sacramento to Sea program, an eight-week summer program through Redding Recreation addressing the needs of disadvantaged and severely disadvantaged neighborhoods by building social equity through recreation opportunities. Strong neighborhoods are vital to creating more thriving, healthy, resilient, and equitable places. This project will serve up to 30 local youth, ages 11-16, who are currently in foster care, involved in the juvenile justice system, or are residents of the Martin Luther King, Jr. neighborhood.

The program will allow youth to understand the Sacramento River Valley and its relation to and impact on the region and the Pacific Ocean. Participants will gain knowledge and experiences that will cultivate a lifelong spirit of stewardship and encourage active conservation. Youth participants have weekly excursions to visit local natural or cultural resource areas. All participants will receive essential equipment for day hiking. Once participants have completed the core program, they will be eligible to participate in a six-day field trip, taking them from Redding to the San Francisco Bay. There, participants will tour the San Francisco State Marine Biology Department to learn about conservation and marine sciences career opportunities.

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
• 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
^Resolution
Packet Pg. 284
RESOLUTION NO. 2023-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING

APPROVING THE APPLICATION FOR THE OUTDOOR EQUITY

GRANTS PROGRAM GRANT FUNDS
WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Outdoor Equity Grants Program, setting up necessary procedures governing the application; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the Applicant to certify by resolution the approval of the application before submission of said application to the State; and
WHEREAS, successful Applicants will enter into a contract with the State of California to complete the Grant Scope program;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Redding hereby approves the filing of an application for the Martin Luther King, Jr., Outdoor Leadership Initiative Program; and

1. Certifies that said Applicant has or will have available, prior to commencement of any work on the program(s) included in this application, sufficient funds to complete the program(s);

2. Certifies that if the grant is awarded, the Applicant has or will have sufficient funds to operate the program(s) as described in the Grant Selection Criterion response;

3. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide;

4. Delegates the authority to the City Manager, or designee, to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope;

5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines; and

6. Will consider promoting inclusion per Public Resources Code §80001(b)(8 A-G).

Packet Pg. 285 Attachment: ^Resolution (4.6(b)--Resolution to Approve Outdoor Equity Grant Application) I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Redding on the 7th day of November, 2023, by the following vote:

AYES: COUNCIL MEMBER:

NOES: COUNCIL MEMBER:

ABSENT: COUNCIL MEMBER:

ABSTAIN: COUNCIL MEMBER:
___________________________________
MICHAEL DACQUISTO, Mayor
ATTEST: APPROVED AS TO FORM:

SHARLENE TIPTON, City Clerk BARRY E. DeWALT, City Attorney Packet Pg. 286 Attachment: ^Resolution (4.6(b)--Resolution to Approve Outdoor Equity Grant Application)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Approve and authorize the following:
(1) Approve and ratify the City of Redding Community Services Department’s submittal of a Boating Access Program grant application in an amount not to exceed $600,000 to provide continued funding assistance for boat ramp and fishing facility operations and maintenance at multiple river access locations; 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 project.

Fiscal Impact
If awarded, the Boating Access Program grant will continue funding four Parks Division staff positions specifically for river access facility maintenance. The application will request up to $600,000 to fund three Public Works Maintenance Workers, and one Gardener position. A match of 25 percent ($200,000) of the total project cost ($800,000) is required and will be covered through in-kind labor services already budgeted. If the grant is not renewed, the employees will be re-assigned to vacant positions or separated during the probationary period.

There is no new fiscal impact to the General Fund.

Alternative Action
Due to timing constraints between the announcement and the grant program deadline, staff submitted the application on November 3, 2023. The City Council (Council) could decline to ratify staff’s submission of the Boating Access Program grant application and direct staff to withdraw the grant application. This action will result in a missed opportunity to continue to fund maintenance costs associated with multiple river access locations. Or, Council could provide staff with alternate direction.

MEETING DATE: November 7, 2023
ITEM NO. 4.6(c)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.6(c)--Ratification of Boating Access Program Grant Application for Sport Fish Restoration Grant Program
Travis Menne, Director of
Community Services
Packet Pg. 287
Report to Redding City Council October 30, 2023
Re: 4.6(c)--Authorize Grant Application for Sport Fish Restoration Grant Program Page 2 Background/Analysis
Grants within the Boating Access Program, a sub-program of the Sport Fish Restoration Grant Program, can fund a broad range of river access facilities and associated amenities that benefit recreational boaters. These grants are available to State Fish and Wildlife Agencies that sometimes partner with local governments, other state agencies, or non-governmental organizations to ensure public access to State-controlled waters. Though many development grants are available for parks, trails, and facilities, those that fund maintenance are rarely available.

In January 2023, the Redding office of the California Department of Fish and Wildlife (CDFW) partnered with the City of Redding (City) to apply for the funds, thereby recognizing the value of the facilities to the sport fishing community, as well as the State’s previous investment in the development of these facilities, and the associated burden of maintenance costs. Staff recently executed a round one Boating Access Program grant contract with CDFW for $451,281 to fund three new Public Works Maintenance Worker positions and one new Gardener position for additional maintenance efforts. This grant funds these positions for one year.

To continue the enhanced maintenance efforts, staff applied for round two of the program. If awarded, the Parks Division’s additional funding will support further vegetation management, repairs, cleaning, and other routine tasks. Accepting the grant award will not fund capital improvement projects at any of the facilities, and the recommended actions have no impact on the City’s lease with the Redding Rodeo Association, Advance Redding, or Turtle Bay Exploration Park.

The application seeks funding for operations and maintenance at the following six facilities:
• Lake Redding Boat Ramp;
• John Reginato River Access;
• Turtle Bay Boat Ramp;
• Nur Pon Open Space and River Access;
• Turtle Bay East Open Space and River Access; and
• Kum Bay Xerel Open Space and River Access.

Environmental Review
These are routine maintenance items and are not considered a project as defined under the California Environmental Quality Act. 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.”
• 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.” • 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.”
Packet Pg. 288
Report to Redding City Council October 30, 2023
Re: 4.6(c)--Authorize Grant Application for Sport Fish Restoration Grant Program Page 3 Attachments
^Location Map - River Access Facilities
Packet Pg. 289
Packet Pg. 290 Attachment: ^Location Map - River Access Facilities (4.6(c)--Authorize Grant Application for Sport Fish Restoration Grant Program)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Adopt Resolution authorizing the investment of monies in the Local Agency Investment Fund and rescinding Resolution No. 84-262.

Fiscal Impact
There is no fiscal impact to the action.

Alternative Action
The City Council (Council) may choose not to adopt the attached resolution. The City of Redding (City) would not be authorized to make changes to the current Local Agency Investment Fund (LAIF) approved officials.

Background/Analysis
The LAIF, is a voluntary program created by statute in 1977 as an investment alternative for California’s local governments and special districts. The LAIF program offers local agencies the opportunity to participate in a major portfolio, which invests hundreds of millions of dollars, using the investment expertise of the State Treasurer’s Office professional investment staff.

On November 19, 1984, Resolution No. 84-262 was adopted by the Council. This resolution authorized the investment of City monies in LAIF by the City Treasurer and the Deputy City Treasurer. Since that time organizational changes have occurred and currently the Deputy City Treasurer position is vacant. Therefore, it is required to rescind Resolution No. 84-262 and approve a new resolution naming the Director of Finance/City Treasurer, Finance Officer and the Deputy City Treasurer as the authorized officials to order the deposit or withdrawal of LAIF monies.

MEETING DATE: November 7, 2023
ITEM NO. 4.7(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.7(a)--Resolution Authorizing Investment of Monies in LAIF Greg Robinett, Director of
Finance/City Treasurer
Packet Pg. 291
Report to Redding City Council November 1, 2023
Re: 4.7(a)--Resolution Authorizing Investment of Monies in LAIF Page 2 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 agenda item is a routine operational item.

Attachments
^Resolution
Resolution No. 84-262
Packet Pg. 292
RESOLUTION NO. 2023-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING

AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY

INVESTMENT FUND
WHEREAS, The Local Agency Investment Fund is established in the State Treasury under Government Code section 16429.1 et. seq. for the deposit of money of a local agency for purposes of investment by the State Treasurer; and
WHEREAS, the City Council of the City of Redding does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein is in the best interests of the City of Redding;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the deposit and withdrawal of City of Redding monies in the Local Agency Investment Fund in the State Treasury in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein.

BE IT FURTHER RESOLVED as follows:

Section 1. The following City of Redding officers holding the title(s) specified hereinbelow, or their successors in office, are each hereby authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund and may execute and deliver any and all documents necessary or advisable in order to effectuate the purposes of this resolution and the transactions contemplated hereby:

Greg Robinett - Director of Finance/City Treasurer
Bailey Worley - Finance Officer
Tammy Mann – Finance Officer
Vacant – Deputy City Treasurer
Section 2. This Resolution shall remain in full force and effect until rescinded by City Council/Board of Directors by resolution and a copy of the resolution rescinding this Resolution is filed with the State Treasurer’s Office.

BE IT FURTHER RESOLVED that Resolution No. 84-262, adopted by the City Council of the City of Redding on the 19th day of November, 1984, is hereby rescinded.

Packet Pg. 293 Attachment: ^Resolution (4.7(a)--Resolution Authorizing Investment of Monies in LAIF) I HEREBY CERTIFY, that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Redding on the 7th day of November, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

______________________________
MICHAEL DAQUISTO, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ _______________________________ SHARLENE TIPTON, City Clerk BARRY E. DeWALT, City Attorney Packet Pg. 294 Attachment: ^Resolution (4.7(a)--Resolution Authorizing Investment of Monies in LAIF) Packet Pg. 295
Attachment: Resolution No. 84-262 (4.7(a)--Resolution Authorizing Investment of Monies in LAIF) Packet Pg. 296
Attachment: Resolution No. 84-262 (4.7(a)--Resolution Authorizing Investment of Monies in LAIF)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Approve and authorize the Mayor to execute the First Amendment to the Integrated Public Safety Memorandum of Understanding (MOU) (C-2756) between the City of Redding, the City of Anderson, the County of Shasta, and Shasta Area Safety Communications Agency (SHASCOM), to define: (a) which specific agencies are considered IPS principal parties to the MOU and their roles; (b) subscribing agencies and how subscribing agency user fees are determined; and (c) adds Section 22, Counterparts/Electronic, Facsimile, and PDF Signatures, which allows for electronic signatures for the MOU.

Fiscal Impact
This First Amendment to the Memorandum of Understanding (MOU) adds no additional costs to the City of Redding’s expenses and there will be no new impact to the General Fund.

The funding arrangement in this MOU is the same as in prior agreements - City of Redding Police Department and Shasta County Sheriff’s Office contribute 45 percent each and the City of Anderson Police Department contributes 10 percent. SHASCOM contributes a share of the maintenance cost for the Computer Aided Dispatch (CAD) system.

Alternative Action
The City Council (Council) could choose not to approve the First Amendment to the MOU and provide staff with alternative direction.

MEETING DATE: November 7, 2023
ITEM NO. 4.9(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.9(a)--Approve First Amendment to the Integrated Public Safety MOU Brian Barner, Chief of Police
Packet Pg. 297
Report to Redding City Council November 2, 2023
Re: 4.9(a)--First Amendment IPS MOU Page 2
Background/Analysis
On September 20, 2022, Council approved a new Integrated Public Safety (IPS) MOU between the County of Shasta, the cities of Redding and Anderson and SHASCOM. Subsequently, it came to staff’s attention that some of the language in the MOU needed to be clarified. This amendment defines which specific agencies are considered IPS principal parties to the MOU and their roles. It defines subscribing agencies and how subscribing agency user fees are determined.

The amendment also adds Section 22, Counterparts/Electronic, Facsimile, and PDF Signatures, which allows for electronic signatures for the MOU. All other sections remain the same. These changes will provide a clearer understanding of everyone’s responsibilities for operation of the IPS moving forward.

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
• 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
FINAL_IPS AMENDMENT
C-2756 - MOU - 2022 - County of Shasta, City of Anderson & SHASCOM Packet Pg. 298

FIRST AMENDMENT TO THE MOU FOR OPERATION OF IPS
C-2756

FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING

FOR OPERATION OF INTEGRATED PUBLIC SAFETY
This First Amendment is entered into between the County of Shasta (“County”), a political subdivision of the State of California, the City of Redding, a municipal corporation (REDDING), the City of Anderson, a municipal corporation (ANDERSON), and the Shasta Area Safety Communications Agency, a joint-powers agency (SHASCOM) hereinafter referred to as the Parties.

R E C I T A L S
WHEREAS, the Parties have previously entered into a Memorandum of Understanding on October 5, 2022 to provide shared computerized law enforcement information and data to each of their agencies (“Original Agreement”); and
WHEREAS, the Parties desire to amend the Agreement to define and clarify Parties, responsibilities, apportionment of costs, and add electronic signature provisions; and WHEREAS, the Original Agreement and the First Amendment are collectively referred to as the “Agreement.”
NOW, THEREFORE, the Agreement is amended as follows:

I. Section 3. DEFINITION of the Agreement is amended as of the effective date of the Agreement in its entirety to read as follows:

Section 3. DEFINITION:

3.1 IPS is the Integrated Public Safety System which shall operate as a multi-agency information technology task force, governed by the IPS Principal Participants, whose primary mission shall be to provide the Shasta County area law enforcement community with a centralized system for consolidated records management, mobile data delivery systems and a dedicated, secure technology infrastructure and to ensure the System is providing timely access to tactical and administrative investigative information relevant to the needs of law enforcement.

3.2 IPS Principal Participants:

3.2.1 The Shasta County Sheriff’s Office, an entity of Shasta County (COUNTY).

3.2.2 The Redding Police Department, an entity of the City of Redding, a municipal corporation (REDDING).

3.2.3 The Anderson Police Department, an entity of the City of Anderson, a municipal corporation (ANDERSON).

3.3 IPS Subscribing Agencies are any agency or city or county department not defined as an IPS Principal Participant, excluding the Shasta Area Safety Communications Packet Pg. 299 Attachment: FINAL_IPS AMENDMENT (4.9(a)--First Amendment IPS MOU)

FIRST AMENDMENT TO THE MOU FOR OPERATION OF IPS
C-2756
Agency (SHASCOM), requiring access to the IPS and, if applicable, access the California Law Enforcement Telecommunications System (CLETS) and the National Crime Information Center (NCIC). All IPS Subscribing Agencies shall execute a Memorandum of Understanding, Subscribing Agency Agreement, the subscriber agreements will be substantively in the form as Exhibit A attached hereto and remit annual Subscriber Agency fees to IPS.

II. Section 5. GOVERNING of the Agreement is amended as of the effective date of the Agreement in its entirety to read as follows:

Section 5. GOVERNING

5.1. The Parties agree IPS shall be governed by a three-member board consisting of the Redding Chief of Police, the Anderson Chief of Police, and the Sheriff of Shasta County, (IPS Directors) herein after referred to collectively as the IPS Board and individually as Law Enforcement Agency (LEA). SHASCOM is not a voting member of the IPS Board.

5.2. Each IPS Director may appoint an alternate who shall have the right to exercise the authority of said Director in their absence.

5.3. The IPS Directors, or their designees, shall meet at least twice per calendar year.

5.4. At the first meeting of every fiscal year, the IPS Directors may appoint a chairperson.

The chairmanship shall rotate annually among the members of the IPS Directors.

5.5. The IPS Directors shall be responsible for reporting back to their respective agencies.

5.6. Each Party to this agreement shall identify its management representatives who shall be responsible to coordinate the tasks and responsibilities outlined in this MOU on a daily basis with all other Parties. Each Party shall also provide the names and contact information of those management representatives to the IPS Project Supervisor.

5.7. IPS staff assigned to IPS functions shall meet as requested with the management representatives to share reports and information with each other and report directly to the IPS Directors on all matters.

5.8. The IPS Directors are authorized on behalf of their respective governing authority to execute Memorandum of Understandings with Subscribing Agencies in the format consist of Exhibit A. The Memorandum of Understanding with Subscribing Agencies may be updated by the IPS Directors as needed to reflect current operational needs.

5.9. The IPS Directors are authorized on behalf of their respective governing authority to amend the IPS organizational structure as it pertains to IPS Personnel (Exhibit B) to meet the needs of the IPS task force within the limits afforded by their respective governing authority.

5.10. The IPS Directors are authorized on behalf of their respective governing authority to Packet Pg. 300 Attachment: FINAL_IPS AMENDMENT (4.9(a)--First Amendment IPS MOU)

FIRST AMENDMENT TO THE MOU FOR OPERATION OF IPS
C-2756
approve any contract or agreement that directly relates to the operation of the system and falls within the scope of the approved IPS budget and its related amendments.

Any approval of said contracts or agreements must comply with REDDING’s purchasing procedures.

5.11. All decisions to be made by the IPS Directors shall require a vote of the majority.

III. Subsection 6.10 of Section 6. OPERATIONAL ROLES AND RESPONSIBILITES of the Agreement is added as of the effective date of the Agreement in its entirety to read as follows:

6.10 The City of Redding Chief Information Officer, the Chief Information Officer for the County of Shasta, and the SHASCOM Director shall assist the IPS Principal Participants in a consulting capacity, as needed.

IV. Section 9. SUBSCRIBING AGENCIES of the Agreement is amended as of the effective date of the Agreement, in its entirety to read as follows:

Section 9. SUBSCRIBING AGENCIES
Representatives from Subscribing Agencies as defined in Subsection 3.3 of Section 3.

DEFINITIONS may be invited to attend the IPS Directors meetings. Subscribing Agencies shall not be voting members.

V. Section 11. APPORTIONMENT OF COSTS of the Agreement is amended as of the effective date of the Agreement, in its entirety to read as follows:

Section 11. APPORTIONMENT OF COSTS

11.1 SHASCOM shall be billed a portion of the maintenance and hardware costs as part of the annual IPS budget. SHASCOM shall contribute no less than $175,000 per year for the system maintenance costs. The annual contribution by SHASCOM is subject to adjustment and increase approved by the IPS Board. Any such increase shall be in accordance with cost increases incurred for the System and it's ancillary components and shall not exceed 10% of the current SHASCOM contribution to the IPS IT budget, the specifics of this contribution is defined in the annual fiscal IPS budget agreement.

11.2 The Parties Principal Participant, in the following proportions, shall share the annual fiscal year payment of IPS operating costs jointly offset by SHASCOM portion as defined in Section 11.1

11.2.1 COUNTY’s share of the annual on-going costs for its Principal Participant, the Shasta County Sheriff’s Office, shall be equal to forty-five percent (45%).

11.2.2 REDDING’s share of the annual on-going costs for its Principal Participant, the Redding Police Department, shall be equal to forty- five percent (45%).

11.2.3 ANDERSON’sshare of the annual on-going costs for its Principal Participant, shall be equal to ten percent (10%).

Packet Pg. 301 Attachment: FINAL_IPS AMENDMENT (4.9(a)--First Amendment IPS MOU)

FIRST AMENDMENT TO THE MOU FOR OPERATION OF IPS
C-2756

11.3 The Parties apportioned shares shall be adjusted to compensate each Party according to their annual and actual budgeted personnel costs.

11.4 The individual agencies shall be responsible for budgeting their portion of the IPS expense in their respective agencies’ budgets as approved by their governing boards.

VI. Section 13. USER FEES of the Agreement is amended as of the effective date of the Agreement in its entirety to read as follows:

Section 13. USER FEES
In addition to the Apportionment of Costs described in Section 11 of this MOU, Subscribing Agencies/Departments shall pay annual User Fees.

13.1 The IPS Directors shall collect a cost recovery user fee and/or project cost from the Subscribing Agencies.

13.2 User fees imposed on Subscribing Agencies shall include administrative costs as well as a negotiated percentage of operational costs and shall not exceed the actual expenses as approved in the budget.

13.3 User fees shall be presented to the IPS Directors at the annual budget meeting and require a majority vote for approval.

VII. Section 22. COUNTERPARTS/ELECTRONIC, FACSIMILE, AND PDF SIGNATURES of the Agreement is added as of the effective date of the Agreement in its entirety to read as follows:

SECTION 22. COUNTERPARTS/ELECTRONIC, FACSIMILE, AND PDF SIGNATURES This agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each Party of this agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this agreement. The Parties further agree that the electronic signatures of the Parties included in this agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time.

The CUETA authorizes use of an electronic signature for transactions and contracts among Parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (h) of Section 1633.2 of the Civil Code. Facsimile signatures or signatures transmitted via pdf document shall be treated as originals for all purposes.

VIII. REAFFIRMATION
Packet Pg. 302 Attachment: FINAL_IPS AMENDMENT (4.9(a)--First Amendment IPS MOU)

FIRST AMENDMENT TO THE MOU FOR OPERATION OF IPS
C-2756
In all other respects, the Agreement, as amended, and any attachments, remains in full force and effect.

IX. ENTIRE AGREEMENT
The Agreement, as amended, and any attachments, constitute the entire understanding between Parties .

X. EFFECTIVE DATE
Unless otherwise provided, this First Amendment shall be deemed effective as of the last date it is signed by both Parties.

IN WITNESS WHEREOF, the Parties to this MOU through their duly authorized representatives have executed this MOU on the days and dates set out below and certify that they have read, understood, and agreed to the terms and conditions of this MOU as set forth herein.

ATTEST: CITY OF REDDING
By: __________________________________ By: __________________________________ Sharlene Tipton, City Clerk Date: Michael Dacquisto, Mayor Date:

APPROVED AS TO FORM:

Barry DeWalt
City Attorney
By:

Barry E. DeWalt, City Attorney Date:

ATTEST: CITY OF ANDERSON
By: __________________________________ By: __________________________________ Christy White, Deputy City Clerk Date: Mike Gallagher, Mayor Date:

APPROVED AS TO FORM:

Collin Bogener
City Attorney
By:_______________________________
Collin Bogener, City Attorney Date:

CONTINUED ON NEXT PAGE
Packet Pg. 303 Attachment: FINAL_IPS AMENDMENT (4.9(a)--First Amendment IPS MOU)

FIRST AMENDMENT TO THE MOU FOR OPERATION OF IPS
C-2756
ATTEST: COUNTY OF SHASTA
DAVID J. RICKERT
Clerk of the Board of Supervisors Shasta County Board of Supervisors By: By: __________________________
Deputy Clerk of the Board Date: Patrick Jones, Chairman Date:

APPROVED AS TO FORM:

Gretchen Stuhr
Interim County Counsel Risk Management
By: __________________________________ By: ____________________________ Gretchen Stuhr Date: James Johnson Date:

Interim County Counsel Risk Management Analyst III

SHASTA AREA SAFETY COMMUNICATIONS AGENCY
By: __________________________________ Date:_____________________________ Chris Smyrnos, SHASCOM Director
Packet Pg. 304 Attachment: FINAL_IPS AMENDMENT (4.9(a)--First Amendment IPS MOU)

Exhibit A

MEMORANDUM OF UNDERSTANDING
Subscribing Agency Agreement
This Memorandum of Understanding (MOU) is made and entered into this day of , , by and between the Redding Police Department, the Anderson Police Department, and the Shasta County Sheriff's Office, collectively known as “IPS” (Integrated Public Safety) and , hereinafter referred to as Subscribing Agency. IPS and Subscribing Agency are herein after referred to as the Parties to this MOU. IPS maintains a centralized computer data system relevant to the needs of law and justice agencies in the Shasta County region hereinafter referred to as the IPSS (Integrated Public Safety Systems). The IPS Directors consist of the Redding and Anderson Police Chiefs and the Shasta County Sheriff. Subscribing Agency wishes to access the IPSS.

1. PURPOSE
The purpose of this MOU is to establish the terms, conditions, and responsibilities of IPS and Subscribing Agency, thereby authorizing Subscribing Agency to access the IPSS, and if applicable, access the California Law Enforcement Telecommunications System (CLETS), and the National Crime Information Center (NCIC). Additionally, this MOU shall define responsibility for control of information accessed through the IPSS.

2. SHARED INFORMATION
Not all information maintained within IPSS shall be available to all employees of the Parties.

Sensitive information contained within IPSS shall be restricted on a “need to know” basis as determined by the originating agency, to perform assigned duties.

Subscribing Agencies do not have the authority to disseminate shared data stored in IPSS. Data obtained from IPSS shall only be disseminated by the Agency of Record. All information requests, including but not limited to; total calls for service, case information, copies of records, jail activity, etc. shall be sent directly from the requesting party to the Agency of Record. The Agency of Record is the agency that created the relevant data through its normal business practices and procedures.

No Subscribing Agency shall give out information for another Subscribing Agency without the written consent from that Agency. This includes Public Records Requests or involved and/or associated cases unless otherwise required by law.

Abuse of access of information within the IPSS could result in termination of user access and/or subscribing agency access to IPSS and will be reviewed and decided by a majority vote of the IPS Directors.

3. MANAGEMENT CONTROLS
Subscribing Agency shall assume responsibility of its employees who are granted access to the IPSS. Each Subscribing Agency shall maintain physical and operational control of any equipment and/or software used to gain access to the IPSS.

Each Subscribing Agency shall ensure that all employees of Subscribing Agency who are granted access to the IPSS continue to meet the requirements of Penal Code sections 11105 and 13300, which identify persons allowed to access criminal history information and the purposes for said access.

Each Subscribing Agency shall maintain information and/or access security such that it is compliant with all security controls required by the most recent version of the Criminal Justice Packet Pg. 305 Attachment: FINAL_IPS AMENDMENT (4.9(a)--First Amendment IPS MOU)

Information Services (CJIS) Security Policy and the CLETS Policies, Practices, and Procedures (PP&P).

4. SECURITY CLEARANCE
Subscribing Agency agrees to maintain accurate records of those employees who have been granted access to the IPSS. Those records shall include a copy of the Security Clearance notice signed by each employee who is granted access to the IPSS.

Within six months of employment or assignment of any staff accessing the IPSS, the Subscribing Agency shall have staff pass a proficiency test for CLETS/NCIC policies and Regulations by completing the required training and the appropriate CLETS/NCIC Telecommunications Proficiency Examination published by the CA Department of Justice (DOJ). Proficiency retesting shall be required biannually thereafter as required by CLETS PP&P. Copies of Signed agreements and/or proficiency tests shall be made available for inspection and review by IPS within three business days of a written request to Subscribing Agency.

5. RESPONSIBILITIES
Subscribing Agency is responsible for their own computer hardware and related peripheral accessories and is responsible for ensuring their hardware meets IPS requirements for access to the IPSS. Subscribing Agency is responsible for maintaining their own network infrastructure and for ensuring their network can communicate with the IPSS network for system access.

IPS is responsible for providing customer and technical support for the IPSS software applications and databases that are being accessed by Subscribing Agency.

6. SYSTEM ADMINISTRATION
Subscribing Agency authorizing an employee to gain access to the IPSS shall submit a written and signed request from its respective Agency Head or designee. Submission of such a request shall not occur until the employee has executed the Security Clearance notice. Once an employee has been provided access to the IPSS, the Subscribing Agency shall be responsible for enforcing the rules and regulations governing the use of information obtained through the IPSS. Should an employee's status change, either through re-assignment or termination, it shall be the Subscribing Agency's responsibility to immediately notify IPSS in writing to prevent the employee from having further access to the IPSS.

7. COMPENSATION SCHEDULE
Each year IPS shall establish a fee schedule (User Fees) for the access, support, and security of the IPSS.

The User Fees will be divided into three tiers of access:

Tier 1 – CLETS/NCIC Only Access
Accessto CLETS/NCIC via the IPS provided interface. No accessto Computer Aided Dispatch (CAD), mobile CAD, Records Management System (RMS), or jail data.

Tier 2 - Read Only Access
Accessto CLETS/NCIC via the IPS provided interface. Read-only accessto CAD, mobile CAD, Packet Pg. 306 Attachment: FINAL_IPS AMENDMENT (4.9(a)--First Amendment IPS MOU)

RMS, and jail data for research and operational purposes as needed based on the job functions of the subscribing agency.

Tier 3 – Full Access
Access to CLETS/NCIC via the IPS provided interface. Full read and write access to the CAD, mobile CAD, RMS, and jail modules as needed based on the job functions of the subscribing agency.

IPS shall prepare and submit to each Subscribing Agency the Board approved User Fees prior to the start of the fiscal year. In accordance with the established fee schedule, invoicing shall be done bi-annually, based upon actual number of users the Subscribing Agency had accessing the IPSS each month. The total users for each Subscribing Agency will be audited monthly by IPS to be used for billing purposes. The Subscribing Agency can request a copy of that audit at any given time, by submitting a request in writing to IPS. No amendment to this MOU is necessary to update the annual fee schedule.

The Subscribing Agency shall remit to IPS, upon receipt of invoice, applicable fees according to the approved annual fee schedule. The establishment and implementation of a cost-recovery fee schedule does not imply all costs incurred by IPS, on the behalf of Subscribing Agency, are included in the current Fee Schedule calculation. All invoices are payable within 30 days of receipt.

The fee schedule shall establish a ‘per-user’ fee based on level of access requested and specific and identifiable costs incurred by IPS in order to provide and maintain access and security for the system. System Users are defined as individual employees of the Parties who have been granted access to the IPSS. Identified costs, which directly benefit all System Users shall be divided by the total number of System Users to determine the ‘per-user’ fee. The fee schedule may include a one-time network connection and setup fee for access to IPS and may include an annual fee to maintain ongoing connectivity to the system. The fee schedule may include hourly rate(s) for any non-standard support services contracted with IPS and performed for the sole benefit of the Subscribing Agency by IPS personnel.

Requests from a Subscribing Agency for programming and/or other non-standard support is subject to a review process and final approval by the IPS Directors.

IPS shall bill Subscribing Agency for network connection, programming and/or non-standard support services within 30 days of connection or service. Subscribing Agency shall remit payment upon receipt of the invoice, not to exceed 30 days.

Shasta Area Safety Communications Agency (SHASCOM), and Shasta Interagency Narcotics Task Force (SINTF) are exempt from the ‘per-user’ fee requirement.

8. VIOLATION OF MOU
In the event a Subscribing Agency fails to exercise Management Controls as outlined in Section 3 or Security Clearance as outlined in Section 4, IPS may deny the Subscribing Agency further access to the IPSS. In the event Subscribing Agency fails to remit the invoiced amount to IPS, IPS may deny the Subscribing Agency further access to the IPSS. This action shall occur only after a meeting of the IPS Directors, and the Subscribing Agency has been conducted and a majority vote by the IPS Directors affirming termination of the Subscribing Agency access.

9. TERM OF MOU
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This Memorandum of Understanding shall become effective as of the date of the last signatory and shall remain in full force and effect until it is terminated by written notice. In the event an individual Subscribing Agency no longer desires accessto the IPSS, that Subscribing Agency shall provide a written notice to IPS. Upon such notice, employees of the withdrawing agency will no longer be allowed access to the IPSS three (3) business days after written notice is received by the IPS Project Supervisor and the withdrawing agency shall cease to be a part of the IPSS.

In the event the Subscribing Agency signatory authority and/or the IPS Board of Directors signatory Authority changes during the term of this agreement, this MOU shall remain active, and all authority and agreement shall be inherited by the successor.

10. INDEMNIFICATION
It is agreed that each of the Parties shall, for its sole negligence, or sole willful conduct, mutually save and hold each of the other parties and each of the other parties' appointed and elected officials, its agents, representatives, volunteers, and employees harmless from all costs, expenses, losses, and damages, including death or damages to property caused by any act or neglect of such party, its agents, representatives, volunteers, officials, or employees in the performance of this agreement.
[SIGNATURE PAGE FOLLOWS]
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5 Subscribing Agency:

Tier1 Number of Users:

Tier2 Number of Users:

Tier3 Number of Users:

Effective Date:
(Signatory), (Title) Date
IPS BOARD OF DIRECTORS:

Chief of Police Date
Redding Police Department
Chief of Police Date
Anderson Police Department
Sheriff-Coroner Date
Shasta County Sheriff’s Office
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This Memorandum of Understanding ( MOU) is between the County of Shasta, a political subdivision ofthe State of California ( COUNTY); the City of Redding, a municipal corporation ( REDDING), the City of Anderson, a municipal corporation ( ANDERSON), and the Shasta Area Safety Communications Agency, a joint -powers agency SHASCOM) hereinafter referred to as the Parties.

WHEREAS The Parties agree that it is to the mutual advantage and benefit of the Parties that an Integrated Public Safety System ( System) be jointly operated to provide shared computerized law enforcement information and data to each of their agencies.

1. BACKGROUND

1. 1. The ` Integrated Public Safety' Project ( IPS) is presently governed by a memorandum of understanding between the COUNTY, REDDING, and ANDERSON, the `Agreement for the Operation of the Integrated Public Safety System' ( IPS Agreement). SHASCOM has not historically been a party to the IPS Agreement. The prior five- year term IPS Agreement was executed on June 4, 2013 and amended on June 3, 2018 for two ( 2) one- year terms. It establishes the ongoing mutual need and benefit of a shared Records Management System and the mechanism whereby the costs of that System are shared between the COUNTY, REDDING, AND ANDERSON. This updated IPS MOU supersedes and replaces any previous IPS agreements or MOU as of the date of the last Party to sign this MOU.

1. 2. The System was upgraded from a legacy IBM system to a Motorola Flex product on October 9, 2018. A Transitional MOU Agreement was entered into to govern the implementation of the Flex system by the Parties on May 8, 2017, thereby incorporating SHASCOM into IPS. The Transitional MOU (TMOU) Agreement will terminate as ofthe date ofthe last Party to sign this updated IPS MOU.

2. PURPOSE
The purpose of this MOU is to identify the financial and personnel resources needed to provide necessary hardware, programming, and software to develop and maintain an integrated public safety system. The goal of such system is to increase efficiency using technology, to reduce redundancy, and to provide needed information, thus maximizing personnel resources.

3. DEFINITION
IPS shall operate as a multi -agency information technology task force whose primary mission shall be to provide the Shasta County area law enforcement community with a centralized system for consolidated records management, mobile data delivery systems and a dedicated, secure technology infrastructure and to ensure the System is providing timely access to tactical and administrative investigative information relevant to the needs of law enforcement.

4. SECURITY OF STORED INFORMATION
Security of stored information shall comply with existing Federal, State, and Agency statutes, regulations, and policies.

All information, although " shared information", shall be the responsibility ofthe Agency of Record. Except as required by the California Public Records Act, no Party may release information from another Agency without prior written approval. Approval must be obtained for any and all instances.

5. GOVERNING

5. 1. The Parties agree IPS shall be governed by a three- member board consisting of the Redding Chief of Police, v
Packet Pg. 310 Attachment: C-2756 - MOU - 2022 - County of Shasta, City of Anderson & SHASCOM (4.9(a)--First Amendment IPS MOU) the Anderson Chief of Police, and the Sheriff of Shasta County, herein after referred to collectively as the IPS Board and individually as Law Enforcement Agency ( LEA). SHASCOM is not a voting member of the IPS Board.

5. 2. Each IPS Board Director may appoint an alternate who shall have the right to exercise the authority of said Director in his/ her absence.

5. 3. The City of Redding ChiefInformation Officer, the Chief Information Officer for the County of Shasta, and the SHASCOM Director shall assist the IPS Directors in a consulting capacity, as needed.

5. 4. The IPS Directors, or their designee, shall meet at least twice per calendar year.

5. 5. At the first meeting of every fiscal year, the IPS Directors may appoint a chairperson. The chairmanship shall rotate annually among the members of the IPS Directors.

5. 6, The IPS Directors shall be responsible for reporting back to their respective agencies.

5. 7. Representatives from Subscribing Agencies ( Section 9) may be invited to attend the IPS Directors meetings.

Subscribing Agencies shall not be voting members.

5. 8. Each Party to this agreement shall identify its management representatives who shall be responsible to coordinate the tasks and responsibilities outlined in this MOU on a daily basis with all other Parties. Each Party shall also provide the names and contact information of those management representatives to the IPS Project Supervisor.

5. 9. IPS staff assigned to IPS functions shall meet as requested with the management representatives to share reports and information with each other and report directly to the IPS Directors on all matters.

5. 10. The IPS Directors are authorized on behalf of their respective governing authority to execute the Memorandum of Understanding with Subscribing Agencies ( Exhibit A). The Memorandum of Understanding with Subscribing Agencies may be updated by the IPS Directors as needed to reflect current operational needs.

5. 11. The IPS Directors are authorized on behalf of their respective governing authority to amend the IPS organizational structure as it pertains to IPS Personnel ( Exhibit B) to meet the needs of the IPS task force within the limits afforded by their respective governing authority.

5. 12. The IPS Directors are authorized on behalf of their respective governing authority to approve any contract or agreement that directly relates to the operation of the system and falls within the scope of the approved IPS budget and its related amendments. Any approval of said contracts or agreements must comply with REDDING' s purchasing procedures.

5. 13. All decisions to be made by the IPS Directors shall require a vote of the majority.

6. OPERATIONAL ROLES AND RESPONSIBILITIES

6. 1. The Parties agree that IPS will govern all aspects of the System, including but not limited to, Records Management ( RMS), Jail Management ( JMS), Mobile Data, In -field Reporting, Computer Aided Dispatch Systems ( CAD), County -Wide Message Switch, hardware, and vendor interfaces. Any and all persons authorized to access the System and any of the ancillary components shall do so through IPS approval and supervision.

6. 2. The Parties shall jointly be responsible for the payment of on- going systems costs as described in Section

11. Packet Pg. 311 Attachment: C-2756 - MOU - 2022 - County of Shasta, City of Anderson & SHASCOM (4.9(a)--First Amendment IPS MOU)

6. 3. The Parties agree that they will retain a Project Team with a representative from each Party, in addition to IPS team members, to fairly represent the interest of each Party, maintain communication and collaboration of the following: System process improvement, System data changes, and management of user and/ or System software issues. A Project Team Manager will be assigned by the IPS Directors.

6. 4. The Parties agree that their respective Agency will allocate, assign, and make available, personnel resources to participate as individual members of a Project Team which shall be for the purpose of informing each respective agency and other Project Team members in decisions related to the management of the System data and processes.

6. 5. IPS Project staff will maintain an inventory list of equipment, hardware, and software for which IPS is responsible.

6. 6. Responsibilities of all Parties include:

6. 6. 1. Parties shall provide user hardware required for its Agency' s use of the System and specialized installation for each Parties' personnel utilizing the System.

6. 6. 2. Parties shall be solely responsible for purchase of applications software and hardware unique to the Parties users and/ or any software outside of the System.

6. 7. Responsibilities of the COUNTY include:

6. 7. 1. COUNTY shall assign full-time and part-time staff dedicated to support IPS operations as needed during the regular business day. Such personnel, as assigned, may consist of Programmers/ Analysts, Support Technicians, Supervisors, or other position( s) identified as necessary to support ongoing IPS operations, agreed upon by decision of the Directors, and documented in Exhibit B

6. 8. Responsibilities of REDDING include:

6. 8. 1. REDDING shall act as the purchasing agent for shared items; computer hardware, software, maintenance agreements, licenses, and operating system software as directed by the IPS Directors see Section 8). All purchases will follow REDDING' s policies and procedures.

6. 8. 2. REDDING shall, along with SHASCOM, at its cost, house the shared equipment in a physically and electronically secure facility which meets the manufacturer' s specifications. Costs associated with equipment stored at other locations may be covered by the IPS fund ( see Section 12).

6. 8. 3. REDDING shall, at its cost, provide operations personnel, as necessary, to monitor the IPS system to assure reliability seven -days -per -week, 24 -hours -per -day, duringC, the entire period ofthe agreement.

6. 8. 4. REDING shall assign full-time and part-time staffing dedicated to support IPS operations, as needed during the regular business day. Such personnel as assigned may consist of Programmers/Analysts, Support Technicians, or other position( s) identified as necessary to support ongoing IPS operations, agreed upon by decision of the Directors, and documented in Exhibit B.

6. 8. 5. REDDING will administer the IPS fund pursuant to Section 12 and establish a separate interest bearing IPS fund and shall provide a fiscal IPS review and accounting to the IPS Directors at each IPS Board meeting.

6. 9. Responsibilities of SHASCOM:

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6. 9. 1. SHASCOM shall, along with BEDDING, at its cost, house the shared equipment in a physically and electronically secure facility which meets the manufacturer' s specifications. Costs associated with equipment stored at other locations may be covered by the IPS fund ( see Section 12).

6. 9. 2. SHASCOM shall be responsible for any software and/or hardware unique to dispatch functionality not outlined in the maintenance agreement for the System.

7. IPS PERSONNEL
In order to meet the needs of IPS the following personnel shall be funded by the IPS budget: ( Exhibit B)

7. 1. IPS Project Supervisor

7. 2. IPS Information Technology Supervisor

7. 3. IPS Support Staff

7. 4. The IPS Directors will appoint the IPS Project Supervisor and IPS information Technology Supervisor, with approval by the employing agency, and will be responsible for determining appropriate personnel to fill the IPS Support Staff positions.

7. 5. All personnel funded by the IPS project shall be subject to the control of and terms and conditions of employment with their respective employers including, but not limited to, coverage by the respective employers' policies of worker' s compensation and all other employee benefits inclusive of health insurance coverage and liability for retirement benefits.

7. 6. Exhibit B shall be reviewed, upon vacancy of a support staff position, for future IPS support and staffing needs. Exhibit B shall be amended as deemed necessary by the IPS Directors. Changes of support staff roles shall be in accordance with the employing agencies approved job classifications.

8. AUTHORIZATION

8. 1. REDDING' s Chief Information Officer shall provide general overall strategic direction and planning for IPS Projects and/ or Personnel resources to accomplish IPS goals and objectives under the direction of the IPS Directors.

8. 2. The Parties to this MOU designate spending authority to the City of Redding Chief Information Officer or designee for budgeted items. For any non -budgeted expenditures or revenues, a budget resolution must be completed and forwarded to the IPS Directors for approval by majority vote. Technical purchases shall be reviewed and approved by the IPS Information Technology Supervisor, IPS Project Supervisor, and City of Redding ChiefInformation Officer prior to sending them to the IPS Directors.

8. 3. The IPS Project Supervisor or IPS Information Technology Supervisor shall pre -approve, in writing, any training for Project Personnel assigned to IPS. Any unusual circumstance such as out of state travel, training for any extended length of time ( defined as one workweek or longer), or for extraordinary costs over per training incident must be pre -approved by the IPS Directors. If applicable, IPS staff must also seek pre -approval in writing from their respective direct supervisors for time off.

8. 4. The IPS Information Technology Supervisor and IPS Project Supervisor, collaboratively, are authorized to plan, delegate, implement, and/ or conduct project activities and apply IPS organizational resources as 0 Packet Pg. 313 Attachment: C-2756 - MOU - 2022 - County of Shasta, City of Anderson & SHASCOM (4.9(a)--First Amendment IPS MOU) needed to accomplish IPS goals and objectives. Supervision of County personnel assigned to IPS shall be the responsibility of the IPS Project Supervisor, who shall be a COUNTY employee. Supervision of REDDING personnel assigned to IPS shall be the responsibility of the IPS Information Technology Supervisor, who shall be a REDDING employee.

9. SUBSCRIBING AGENCIES

9. 1. Subscribing Agency is any agency or city or county department, not a Party to this MOU, requiring access to the shared System information ( in any form) that is recognized by the IPS Directors and which has executed the Memorandum of Understanding, Exhibit A, attached hereto and incorporated herein.

9. 2. Subscribing Agencies, who desire access to the System must accept and abide by each of the conditions as set forth in the Memorandum of Understanding ( see Exhibit A).

10. BUDGET

10. 1. No later than the first quarter of each year, the operating budget for the upcoming fiscal year shall be presented to the IPS Directors for review. It must be approved by a majority vote ofthe IPS Directors.

10. 2. Notwithstanding the foregoing, the Parties shall not be obligated for any payments hereunder for any future fiscal year unless or until respective governing boards appropriate funds for this MOU in respective budgets for that fiscal year. In the event that funds are not appropriated for this MOU, then this MOU shall terminate as of June 30, the last day of the fiscal year during which funding was appropriated. Each Party shall notify the Parties in writing of such non -appropriation within two ( 2) business days ofthe governing board' s decision.

10. 3. The Redding Chief of Police is authorized to make line -item adjustments to the approved budget if necessary due to changes in personnel expenses as dictated by the governing authorities negotiated MOU' s with labor unions. Said action shall be disclosed to each agency' s IPS Director in writing no later than 30 business days after a line -item change is made.

11. APPORTIONMENT OF COSTS

11. 1. The Parties in the following proportions shall share the annual fiscal year payment of IPS operating costs jointly:

11. 1. 1. COUNTY' S share ofthe annual on-going costs shall be equal to forty-five percent ( 45%).

11. 1. 2. REDDING' s share of the annual on- going costs shall be equal to forty- five percent ( 45%).

11. 1. 3. ANDERSON' S share ofthe annual on-going costs shall be equal to ten percent ( 10%).

11. 1. 4. SHASCOM shall be billed a portion of the maintenance and hardware costs as approved in the annual budget. SHASCOM will contribute funds, no less than $ 175, 000 per year to the System maintenance costs, subject to adjustment and increase approved by the IPS Board according to cost increases incurred for the System and ancillary components, not to exceed 10% of the current SHASCOM contributions.

11. 2. The Parties apportioned shares shall be adjusted to compensate each Party according to their annual and actual budgeted personnel costs.

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11. 3. The individual agencies shall be responsible for budgeting their portion of the IPS expense in their respective agencies' budgets as approved by their governing boards.

12. IPS FUND

12. 1. A separate IPS interest- bearing fund shall be maintained by REDDING to manage approved funding, revenues, and expenditures. Interest generated by the IPS Fund shall remain in the IPS Fund.

12. 2. Monies to be placed in the IPS Fund shall be collected from the Parties to this agreement once a year beginning with the start of the fiscal year.

13. USER FEES

13. 1. The IPS Directors may collect a cost recovery user fee and/ or project cost from the Subscribing Agencies.

13. 2. User fees imposed on Subscribing Agencies shall include administrative costs as well as a negotiated percentage of operational costs and shall not exceed the actual expenses as approved in the budget.

13. 3. User fees shall be presented to the IPS Directors at the annual budget meeting and require a majority vote for approval.

13. 4. Shasta Area Safety Communications Agency ( SHASCOM) and Shasta Interagency Narcotics Task Force SINTF) are exempt from the per -user fee requirement depicted in Section 13.

14. IPS FUND EXPENDITURES
In order to facilitate the performance of this MOU, the Parties delegate to their respective IPS Director, the authority to approve necessary expenditures to carry out the purpose ofthis MOU, including, but not limited to, the purchase, lease or other acquisition of hardware, software, services, and/ or materials. The IPS Fund shall be used exclusively for the following:

14. 1. Maintenance of shared computer hardware or operating system software as listed on the IPS inventory list.

14.2. Major upgrades to maintain computer hardware or operating system software as listed on the IPS inventory list.

14. 3. Maintenance and/ or upgrades of shared applications software.

14. 4. IPS personnel and administrative costs.

14. 5. Shared computer operations costs.

14. 6. Enhancements or additions to IPS projects as approved by the Parties to this MOU.

14. 7. Purchases as agreed upon by the Parties to this Agreement.

14. 8. IPS training costs.

15. OPT- OUT PROVISIONS

15. 1. If a Party chooses to opt -out of IPS, including any and all future expenses, such as software upgrades, hardware upgrades, maintenance, and licensing costs, for any reason or iffunding for an LEA' s IPS annual contribution ceases, or is materially decreased requiring opt -out, they shall, without delay, provide 0 Packet Pg. 315 Attachment: C-2756 - MOU - 2022 - County of Shasta, City of Anderson & SHASCOM (4.9(a)--First Amendment IPS MOU) notification to the IPS Board. Future use of the System will be subject to the provisions of Section 15. 3.

15. 2. All costs associated with a Party opting out, such as data extraction, shall be the responsibility of the leaving Party. The ownership of all hardware, software, and services as identified by IPS are governed by all remaining Parties to the IPS MOU, and as such, shall remain with IPS, to be utilized by all continuing members. The license for the RMS operating system to be utilized by the remaining IPS members, with the written consent of Motorola Solutions, Inc., shall be held in the name of the largest of the IPS entities, unless otherwise agreed by all IPS members in writing.

15. 3. A Party may opt -out of all future maintenance expense utilizing provisions contained in Section 15. 1, however, it will require the Party exercising the opt -out to cease utilization of the System as a primary user. Future use of the System would be subject to Section 9 and Section 13 for Subscribing Users and require a separate subscriber agreement for any necessary access to System functions such as California Law Enforcement Telecommunications System ( CLETS).

15. 4. If a Party opts out under Section 15. 1, and acquires separate software from Motorola Solutions, Inc. similar to the SYSTEM implemented for IPS, the Party choosing to opt -out shall be responsible for all costs associated with the opt -out, such as new license fees, data conversion, data separation, and interface charges necessary to configure software to emulate the System as configured for IPS. To the extent necessary, that Party will also be required to supply separate hardware at their expense to support the System, including a DOJ line to run CLETS transactions.

15. 5. If a Party opts -out, upon notification, the remaining Parties to the IPS MOU shall confer and draft a new IPS MOU for the remaining Parties to be executed within thirty ( 30) days.

15. 6. The Parties waive any and all legal recourse for recovery of contributions beyond those provided herein.

16. DISPOSITION OF IPS FUNDS AND PROPERTY
If all Parties terminate this MOU, the participants will begin discussion on the value and distribution of all IPS assets. Upon termination of the agreement, REDDfNG will be responsible for the disbursement of the IPS Fund, and all project related assets as directed by a majority vote ofthe IPS Directors. The following are approved activities to be funded by IPS. Should the agreement be terminated, the IPS Fund will be disposed of as follows:

16. 1. To pay any outstanding costs incurred by IPS as approved by representatives of the governing bodies of each Party. To pay any costs of returning hardware and software to original contributing agencies.

16. 2. To pay any administrative costs incurred in addition to costs agreed to, and incurred prior to termination, as delineated in Section 15 and approved by representatives of each governing body.

16. 3. To divide all remaining assets and monies between the Parties, on a pro rata basis based on the apportionment of costs as delineated in Section 11,

17. TERM, TERMINATION

17. 1. The TERM of this MOU will be for a period of five ( 5) years from the date of the final signature. It may be terminated at an earlier date upon written agreement signed by all Parties.

17. 2. Except as provided in Sections 10. 2 and 16, if a Party chooses to terminate its participation in the MOU, that Party must give one year advance written notice of termination of withdrawal to the remaining Parties, 7 Packet Pg. 316 Attachment: C-2756 - MOU - 2022 - County of Shasta, City of Anderson & SHASCOM (4.9(a)--First Amendment IPS MOU) subject to the requirement that the Party electing to withdraw shall not be allowed to remove its prior contributions to the IPS made pursuant to Section 11. Any such termination shall also be subject to the Opt -Out provisions in Section 15.

18. DISPUTE RESOLUTION

18. 1. Should any dispute or disagreement arise during the term ofthis MOU, the Parties authorize the IPS Board to negotiate in good faith and compromise to resolve the issue. The IPS Board shall seek relevant input regarding the disputed matter from supporting staff and agencies such as IPS line -staff, Parties' Information Technology staff, Parties' administrative staff, and Parties' legal staff.

18. 2. Legal action through the courts shall be the final recourse of the Parties having exhausted all other means to resolve disputes or disagreements arising from or relating to this MOU. Any party may file its complaint/ legal action without first engaging in the dispute resolution procedures set forth in Section 18, 1, when done to prevent a lapse in the relevant limitations period( s). Any such litigation shall be brought and completed through settlement, dismissal, or judgment in the Superior Court for the County of Shasta.

19. INDEMNIFICATION
The parties shall defend, indemnify, and hold each other, their respective officials, officers, employees, agents, and volunteers harmless from and against any and all liability, loss, injuries, expense ( including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of this agreement but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the respective party, its officials, officers, employees, agents, or volunteers.

20. NO THIRD -PARTY BENEFICIARIES
This Agreement shall not be construed as or deemed to be an agreement for the benefit of any third party, Parties not named in this Agreement, or Subscribing Agencies to this Agreement, and no third party, Subscribing Agency, or other Party shall have any right of action hereunder for any cause whatsoever. Any services performed or expenditures made in connection with furnishing mutual aid under this agreement by any of the Parties hereto shall be deemed conclusively to be for the direct protection and benefit of the public.

21. AMENDMENTS/ AGREEMENT
This Agreement may only be modified by a written amendment signed by all of the Parties hereto. This Agreement supersedes all prior Agreements between the Parties on the subject matter herein.

Packet Pg. 317 Attachment: C-2756 - MOU - 2022 - County of Shasta, City of Anderson & SHASCOM (4.9(a)--First Amendment IPS MOU) Any notices required by this MOU should be in writing, signed by a duly authorized official, employee, or representative of that party, and mailed to each of the other Parties' certified mail, postage prepaid as follows:

If to BEDDING:

Police Chief
Redding Police Department
777 Cypress Avenue
Redding, CA 96001
And to: City Manager
City of Redding
City Hall
777 Cypress Avenue
Redding, CA 96001
If to COUNTY:

Sheriff
Shasta County Sheriffs Office
300 Park Marina Circle
Redding, CA 96001
And to: County Executive Officer
County of Shasta
1450 Court Street, Suite 308A
Redding, CA 96001- 1673
If to ANDERSON:

Police Chief
Anderson Police Department
1040 Main Street
Anderson, CA 96007
And to: City Manager
City of Anderson
City Hall
1887 Howard Street
Anderson, CA 96007
If to SHASCOM:

SHASCOM Director
SHASCOM- 911
3 101 South Street
Redding, CA 96001
SIGNATURE PAGES FOLLOW]
Packet Pg. 318 Attachment: C-2756 - MOU - 2022 - County of Shasta, City of Anderson & SHASCOM (4.9(a)--First Amendment IPS MOU) IN WITNESS WHEREOF, the Parties to this MOU through their duly authorized representatives have executed this MOU on the days and dates set out below and certify that they have read, understood, and agreed to the terms and conditions of this MOU as set forth herein.

ATTEST: CITY OF REDDING
By: AO -' u
I® O 1 By: rt .A1‘..11; 47. 1
Pam` Mize, City Clerk t
Kristen Schreder, Mayo'r—
Date: ° e1 ` 90.D?/ Date: 7-74-2—
APPROVED AS TO FORM:

Barry DeWalt
City Attorney
By: j Date: 9—;
Barry E. DeWalt, CityAttorney
ATTEST- 1 CITY OF ANDERSON
i r.

Christy White, Ddputy City jrk Baron Browning, Mayor
Date: l lJ f
L Date: Ol l
Dc')_
APPROVED AS TO FORM:

Collin Bogener
City Attorney
By: l Date: %/ r I z-3 2 °Z.

Collin Bogener, City Attorney
CONTINUED ON NEXT PAGE]
10 Packet Pg. 319 Attachment: C-2756 - MOU - 2022 - County of Shasta, City of Anderson & SHASCOM (4.9(a)--First Amendment IPS MOU) ATTEST: COUNTY OF SHASTA
Clerk ofthe Beard of Supervisors Shasta County Board of Supervisors By: /,. By: (_ -;_.

Pat Minturn, Act'- ounty Executive Officer Les Baugh, Chair Date:
9':>`
Date: CI ( 3 2Z
APPROVED AS TO FORM:

County Coun 1 Risk Management
5- / By: By: //) K144; 1-, #7/ P/ 712- 7--
Rubin
7/ P/ 71v7--
Rubin E. Cruse, Jr. County Counsel James John on, Risk anagemeth Analyst III Date: 77b'"/'.:- Date: 07/ 7-4/33-d 7- y
fr Oro 44/ l0/ r,%vv es Y-.,) 1:-1),-,....' 7/,4V2.)._

SHASTA AREA SAFETY COMMUNICATIONS AGENCY
By: Date: 43,002
Chris Smyrnos, SHASCOM Director
S"®" Form pproved
L
Barry E. a- .'da.
11 1
City Attorney
Packet Pg. 320 Attachment: C-2756 - MOU - 2022 - County of Shasta, City of Anderson & SHASCOM (4.9(a)--First Amendment IPS MOU) Exhibit A

MEMORANDUM OF UNDERSTANDING
Subscribing Agency Agreement
This Memorandum of Understanding ( MOU) is made and entered into this day of _, by and between the Redding Police Department, the Anderson Police Department, and the Shasta County Sheriffs Office, collectively known as " IPS" ( Integrated Public Safety) and hereinafter referred to as Subscribing Agency. IPS and Subscribing Agency are herein after referred to as the Parties to this MOU. IPS maintains a centralized computer data system relevant to the needs of law and justice agencies in the Shasta County region hereinafter referred to as the IPSS ( Integrated Public Safety Systems). The IPS Directors consist of the Redding and Anderson Police Chiefs and the Shasta County Sheriff. Subscribing Agency wishes to access the IPSS.

PURPOSE
The purpose of this MOU is to establish the terms, conditions, and responsibilities of IPS and Subscribing Agency, thereby authorizing Subscribing Agency to access the IPSS, and if applicable, access the California Law Enforcement Telecommunications System ( CLETS), and the National Crime Information Center ( NCIC). Additionally, this MOU shall define responsibility for control of information accessed through the IPSS.

2. SHARED INFORMATION
Not all information maintained within IPSS shall be available to all employees of the Parties.

Sensitive information contained within IPSS shall be restricted on a " need to know" basis as determined by the originating agency, C) to perform assigned duties.

Subscribing Agencies do not have the authority to disseminate shared data stored in IPSS. Data obtained from IPSS shall only be disseminated by the Agency of Record. All information requests, including but not limited to; total calls for service, case information, copies of records, jail activity, etc. shall be sent directly from the requesting party to the Agency ofRecord. The Agency ofRecord is the agency that created the relevant data through its normal business practices and procedures.

No Subscribing Agency shall give out information for another Subscribing Agency without the written consent from that Agency. This includes Public Records Requests or involved and/or associated cases unless otherwise required by law.

Abuse of access of information within the IPSS could result in termination of user access and/or subscribing agency access to IPSS and will be reviewed and decided by a majority vote of the IPS Directors.

MANAGEMENT CONTROLS
Subscribing Agency shall assume responsibility of its employees who are granted access to the IPSS. Each Subscribing Agency shall maintain physical and operational control of any equipment and/ or software used to gain access to the IPSS.

Each Subscribing Agency shall ensure that all employees of Subscribing Agency who are granted access to the IPSS continue to meet the requirements of Penal Code sections 11105 and 13300, which identify persons allowed to access criminal history information and the purposes for said access.

Each Subscribing Agency shall maintain information and/or access security such that it is compliant with all security controls required by the most recent version of the Criminal Justice

Packet Pg. 321 Attachment: C-2756 - MOU - 2022 - County of Shasta, City of Anderson & SHASCOM (4.9(a)--First Amendment IPS MOU) Information Services ( CJIS) Security Policy and the CLETS Policies, Practices, and Procedures PP& P).

4. SECURITY CLEARANCE
Subscribing Agency agrees to maintain accurate records of those employees who have been granted access to the IPSS. Those records shall include a copy of the Security Clearance notice signed by each employee who is granted access to the IPSS.

Within six months of employment or assignment of any staff accessing the IPSS, the Subscribing Agency shall have staff pass a proficiency test for CLETS/ NCIC policies and Regulations by completing the required training and the appropriate CLETS/ NCIC Telecommunications Proficiency Examination published by the CA Department of Justice (DOJ). Proficiency retesting shall be required biannually thereafter as required by CLETS PP& P. Copies of Signed agreements and/ or proficiency tests shall be made available for inspection and review by IPS within three business days of a written request to Subscribing Agency,

RESPONSIBILITIES
Subscribing Agency is responsible for their own computer hardware and related peripheral accessories and is responsible for ensuring their hardware meets IPS requirements for access to the IPSS. Subscribing Agency is responsible for maintaining their own network infrastructure and for ensuring their network can communicate with the IPSS network for system access.

IPS is responsible for providing customer and technical support for the IPSS software applications and databases that are being accessed by SubscribingC Agency.

6. SYSTEM ADMINISTRATION
Subscribing Agency authorizing an employee to gain access to the IPSS shall submit a written and signed request from its respective Agency Head or designee. Submission of such a request shall not occur until the employee has executed the Security Clearance notice. Once an employee has been provided access to the IPSS, the Subscribing Agency shall be responsible for enforcing the rules and regulations governing the use of information obtained through the IPSS. Should an employee' s status change, either through re -assignment or termination, it shall be the Subscribing Agency' s responsibility to immediately notify IPSS in writing to prevent the employee from having further access to the IPSS.

7. COMPENSATION SCHEDULE
Each year IPS shall establish a fee schedule (User Fees) for the access, support, and security ofthe IPSS.

The User Fees will be divided into three tiers of access:

Tier I — CLETS/ NCIC Only Access
Access to CLETS/ NCIC via the IPS provided interface. No access to Computer Aided Dispatch CAD), mobile CAD, Records Management System ( RMS), or jail data.

Tier 2 - Read Only Access
Access to CLETS/NCIC via the IPS provided interface. Read-only access to CAD, mobile CAD,

Packet Pg. 322 Attachment: C-2756 - MOU - 2022 - County of Shasta, City of Anderson & SHASCOM (4.9(a)--First Amendment IPS MOU) RMS, and jail data for research and operational purposes as needed based on the job functions of the subscribing agency.

Tier 3 — Full Access
Access to CLETS/ NCIC via the IPS provided interface. Full read and write access to the CAD, mobile CAD, RMS, and jail modules as needed based on the job functions of the subscribing agency.

IPS shall prepare and submit to each Subscribing Agency the Board approved User Fees prior to the start of the fiscal year. In accordance with the established fee schedule, invoicing shall be done bi- annually, based upon actual number of users the Subscribing Agency had accessing the IPSS each month. The total users for each Subscribing Agency will be audited monthly by IPS to be used for billing purposes. The Subscribing Agency can request a copy of that audit at any given time, by submitting a request in writing to IPS. No amendment to this MOU is necessary to update the annual fee schedule,
The Subscribing Agency shall remit to IPS, upon receipt of invoice, applicable fees according to the approved annual fee schedule. The establishment and implementation of a cost -recovery fee schedule does not imply all costs incurred by IPS, on the behalf of Subscribing Agency, are included in the current Fee Schedule calculation, All invoices are payable within 30 days ofreceipt.

The fee schedule shall establish a ' per -user' fee based on level of access requested and specific and identifiable costs incurred by IPS in order to provide and maintain access and security for the system. System Users are defined as individual employees of the Parties who have been granted access to the IPSS. Identified costs, which directly benefit all System Users shall be divided by the total number of System Users to determine the ' per -user' fee. The fee schedule may include a one- time network connection and setup fee for access to IPS and may include an annual fee to maintain ongoing connectivity to the system. The fee schedule may include hourly rate( s) for any non- standard support services contracted with IPS and performed for the sole benefit of the Subscribing Agency by IPS personnel.

Requests from a Subscribing Agency for programming and/or other non- standard support is subject to a review process and final approval by the IPS Directors.

IPS shall bill Subscribing Agency for network connection, programming and/ or non- standard support services within 30 days of connection or service. Subscribing Agency shall remit payment upon receipt of the invoice, not to exceed 30 days.

Shasta Area Safety Communications Agency ( SHASCOM), and Shasta Interagency Narcotics Task Force ( SINTF) are exempt from the ' per -user' fee requirement.

VIOLATION OF MOU
In the event a Subscribing Agency fails to exercise Management Controls as outlined in Section 3 or Security Clearance as outlined in Section 4, IPS may deny the Subscribing Agency further access to the IPSS. In the event Subscribing Agency C, fails to remit the invoiced amount to IPS, IPS may deny the Subscribing Agency further access to the IPSS. This action shall occur only after a meeting of the IPS Directors, and the Subscribing Agency has been conducted and a majority vote by the IPS Directors affirming termination of the Subscribing Agency access.

9. TERM OF MOU

Packet Pg. 323 Attachment: C-2756 - MOU - 2022 - County of Shasta, City of Anderson & SHASCOM (4.9(a)--First Amendment IPS MOU) This Memorandum of Understanding shall become effective as of the date of the last signatory and shall remain in full force and effect until it is terminated by written notice. In the event an individual Subscribing Agency no longer desires access to the IPSS, that Subscribing Agency shall provide a written notice to IPS. Upon such notice, employees of the withdrawing agency will no longer be allowed access to the IPSS three ( 3) business days after written notice is received by the IPS Project Supervisor and the withdrawing agency shall cease to be a part ofthe IPSS.

In the event the Subscribing Agency signatory authority and/ or the IPS Board of Directors signatory Authority changes during the term ofthis agreement, this MOU shall remain active, and all authority and agreement shall be inherited by the successor.

10. INDEMNIFICATION
It is agreed that each of the Parties shall, for its sole negligence, or sole willful conduct, mutually save and hold each of the other parties and each of the other parties' appointed and elected officials, its agents, representatives, volunteers, and employees harmless from all costs, expenses, losses, and damages, including death or damages to property caused by any act or neglect of such party, its agents, representatives, volunteers, officials, or employees in the performance of this agreement.

SIGNATURE PAGE FOLLOWS]

Packet Pg. 324 Attachment: C-2756 - MOU - 2022 - County of Shasta, City of Anderson & SHASCOM (4.9(a)--First Amendment IPS MOU) Subscribing Agency:

TierI Number of Users:

Tier2 Number of Users:

Tier3 Number of Users:

Effective Date:

Signatory), ( Title)
IPS BOARD OF DIRECTORS:

Chief of Police
Redding Police Department
Chief of Police
Anderson Police Department
Sheriff -Coroner
Shasta County Sheriffs Office
Date
Date
Date
Date
Page5
Packet Pg. 325 Attachment: C-2756 - MOU - 2022 - County of Shasta, City of Anderson & SHASCOM (4.9(a)--First Amendment IPS MOU) r-4 N0
Packet Pg. 326 Attachment: C-2756 - MOU - 2022 - County of Shasta, City of Anderson & SHASCOM (4.9(a)--First Amendment IPS MOU)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Authorize and approve the following actions relative to Request for Proposals Schedule No. 5387, Construction Management and Inspection Services for the City of Redding Old Alturas Road Over Churn Creek Bridge Project:
(1) Award to GHD, Inc.;
(2) Authorize the Mayor to execute a Consulting and Professional Services Contract for a not-to-exceed fee of $899,838.27 with GHD, Inc., to provide Construction Management and Inspection Services; and
(3) Authorize the City Manager to approve contract amendments not to exceed $50,000.

Fiscal Impact
The Consulting and Professional Services Contract will be funded by a combination of 88.53 percent Federal Highway Bridge Program and 11.47 percent City of Redding Citywide Transportation Impact Fee Funds budgeted for FY 2023-24.

Alternative Action
The City Council (Council) may choose not to award this contract; in which case, City of Redding (City) staff would be required to perform the construction management and inspection services. This would require either consultant services to be solicited for other capital work or a reduction in the City’s capital program delivery.

MEETING DATE: November 7, 2023
ITEM NO. 4.11(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.11(a)--Award Request for Proposal No. 5387 and Authorize Execution of Consulting and Professional Services Contract for Construction Management and Inspection Services for the Old Alturas Road Over Churn Creek Bridge Project Chuck Aukland, Public
Works Director
Packet Pg. 327
Report to Redding City Council October 30, 2023
Re: 4.11(a)--Award RFP No. 5387 Construction Management Services Page 2 Background/Analysis
The proposed Old Alturas Road Over Churn Creek Bridge Widening Project (Project) will include the following work (quantities are approximate): Widening the existing bridge on both sides to an ultimate width of 67 feet, 600 feet of 30-inch cast-in-drilled-hole piles, 700 cubic yards (cy) of structural concrete, 150,000 pounds of bar reinforcing steel, 700 cy of structure excavation, 500 cy of structure backfill, 125 feet of Type 1A retaining walls, 800 cy of roadway excavation, 700 tons of asphalt concrete, 500 cy of aggregate base, 1700 tons of rock slope protection, 600 feet of concrete barrier and tubular railing, relocation of a 4-inch gas main and a 12-inch water main, 7,700 square feet of deck seal, 400 feet of storm drains, temporary K-Rail, driveways, sidewalks, curbs, gutters, signs and striping. There will be four primary stages of construction including the bridge widening and roadway approach work.

Due to the City’s engineering staff’s oversight of a significant number of projects this construction season and the upcoming construction season, there is insufficient staff to manage a project of this magnitude and complexity without affecting the delivery of other projects. As such, consultant support is required.

Consultant Selection Process
In June 2023, a formal Request for Proposals (No. 5387), outlining the specific scope of work, was advertised. Proposals were required to include a scope of work and proposed fee. On July 14, 2023, proposals and fee schedules were received and reviewed from three firms. A review and selection panel were formed consisting of members from the Public Works Department. The proposals were evaluated based on the understanding of the scope of work, ability to meet the proposed schedule and maintain the project budget, experience and qualifications of the proposed staff, ability to work with City staff, project approach, familiarity with City procedures, and geographic location of the team.

Applying the criteria to the proposals, the selection panel determined that GHD, Inc., has the necessary experience and expertise to provide the required services for this project.

Following the evaluation and ranking, GHD, Inc., proposed fees were opened, evaluated, and negotiated to include reasonable costs based on the scope of services as well as previous similar project cost comparisons.

The consultant fee is estimated and payments will be for actual work performed on a time and materials basis within the not-to-exceed contract limits. However, staff recommends the approval of an additional $50,000 in contingency reserve. Contingency funds may be necessary due to unforeseen project issues. If the contingency reserve needs to be utilized, an amendment would be negotiated with the consultant and the contract would be modified with approval of the City Manager. The attached professional services agreement with GHD, Inc., is approved as to form by the City Attorney.

Environmental Review
This action is not a project as defined by the California Environmental Quality Act. On December 6, 2016, Council adopted Resolution 2016-126 approving the Mitigated Negative Declaration and Mitigation Monitoring Program, and approving the Old Alturas Road and Churn Creek Bridge Rehabilitation Project. No further action is required.

Packet Pg. 328
Report to Redding City Council October 30, 2023
Re: 4.11(a)--Award RFP No. 5387 Construction Management Services Page 3 Council Priority/City Manager Goals
This agenda item is a routine operational item.
c: Nick Visconti, Construction Manager
Michelle Kempley, Purchasing Officer
Attachments
Consulting and Professional Services Contract
Request for Proposals
Previous Staff Report 12-6-2016
Packet Pg. 329
Packet Pg. 330
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Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services) Packet Pg. 370
Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services)

CITY OF REDDING

REQUEST FOR PROPOSALS

FOR CONSTRUCTION MANAGEMENT SERVICES FOR

OLD ALTURAS ROAD OVER CHURN CREEK BRIDGE WIDENING AND ROAD

IMPROVEMENTS PROJECT
SCHEDULE NO. 5387
I. INTRODUCTION
The City of Redding (City) is soliciting proposals for construction management services including inspection, materials testing, and resident engineering duties for the Old Alturas Road Over Churn Creek Bridge Widening and Road Improvements Project (Project). The included location map shows the general location of the project in the City of Redding. Funding for the Project is by a combination of

88.53% Federal Highway Bridge Program (HBP) and 11.47% City of Redding Transportation Impact Fee (TIF) funds. The federal project number is BRLS5068(045).

The plans, specifications, and estimate for the Project are being prepared by Morrison Structures, Inc. and city staff. The existing Old Alturas Drive Bridge over Churn Creek was constructed in 1964 and is a 28 foot by 143 foot continuous 4- span cast-in-place reinforced concrete slab on reinforced concrete pier walls, abutments and wing-walls founded on driven steel H piles located about 500 feet east of Victor Avenue. The Project includes (quantities are approximate):

Widening the existing bridge on both sides to an ultimate width of 67 feet, 600 feet of 30 inch CIDH piles, 700 cubic yards(cy) of structural concrete, 150,000 lbs of Bar Reinforcing Steel, 700 cy of Structure Excavation, 500 cy of Structure Backfill, 125 feet of Type 1A retaining walls, 800 cy of roadway excavation, 700 tons of asphalt concrete, 500 cy of aggregate base, 1700 tons of RSP, 600 feet of concrete barrier and tubular railing, relocation of a 4-inch gas main and a 12-inch water main, 7,700 square feet of deck seal, 400 feet of storm drains, temporary K-Rail, driveways, sidewalks, curbs, gutters, signs and striping. There will be four primary stages of construction including the bridge widening and road approach work. The current construction cost estimate, not including contingencies or construction management, is about $5.96 million. The will be 250 working days for construction of the Project.

The scope of work includes Services Prior to Construction, Services During Construction and Services After Construction. A Consultant Services Agreement will be executed for the combined services. It is the intent of the City to hire a consultant who will provide complete construction management, resident engineering, perform materials testing and inspect the construction of the project with minimal support from City personnel.

Packet Pg. 371 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services)

REQUEST FOR PROPOSALS

FOR CONSTRUCTION MANAGEMENT SERVICES FOR

OLD ALTURAS ROAD OVER CHURN CREEK BRIDGE WIDENING AND ROAD IMPROVEMENTS PROJECT II. REVIEW OF BACKGROUND INFORMATION
The following items will be available with links at the time of advertising this RFP on the City’s Purchasing web page shown below.
www.CityofRedding.org/PurchasingBids
• Plans
• Project Specifications
• Caltrans Office Bulletin 22-06
• City of Redding Construction Standards
(https://www.cityofredding.org/departments/public-works/engineering) III. GENERAL
The Consultant shall play an active role in the management of the project to maintain the project schedule and budget and to protect the City against defects and deficiencies on the part of the Contractor. Services provided during construction will, in general, consist of project management, construction contract administration, construction inspection, and materials testing including source inspection as needed. In doing so, the Consultant will serve as the focal point for coordination between the Contractor, the City, the Design Consultant, regulatory agencies, and utility companies. These services shall be in accordance with the City’s Quality Assurance Plan (QAP).

The Consultant’s work plan and expected level of effort should consider the schedule imposed on the Contractor, including what can be reasonably expected for overtime inspection.

The Consultant will be responsible for their own office and administrative space including telephone, restroom and computer facilities. The City will not provide these facilities.

The consultant shall assure the City that it will comply with the Americans with Disabilities Act (ADA), as well as all applicable regulations and guidelines issued pursuant to the ADA (42 U.S.C. 12101 et seq.).

The Consultant must comply with Government Code Section 8355 in matters relating to providing a drug-free work place.

The Consultant shall reference the attached links and Caltrans Office Bulletin 22- 06 for Certification of Indirect Costs and Financial Management System that replaces the previous Exhibit 10-K form and also provides a replacement for Packet Pg. 372 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services)

REQUEST FOR PROPOSALS

FOR CONSTRUCTION MANAGEMENT SERVICES FOR

OLD ALTURAS ROAD OVER CHURN CREEK BRIDGE WIDENING AND ROAD IMPROVEMENTS PROJECT Exhibit 10-A, A&E Consultant Financial Document Review Request. https://ig.dot.ca.gov/-/media/igmedia/documents/fdr/ig_certification_indirect_costs_financial_ management_system_v2.pdf
https://ig.dot.ca.gov/-/media/igmedia/documents/fdr/ig_fdr_request_form.pdf DBE Requirements
It is the policy of the City of Redding to provide full opportunity for all interested parties, including Disadvantaged Business Enterprise (DBE) firms to respond to or participate in work outlined in this RFP. The City of Redding DBE goal for this project is 1%. The consultant shall ensure that DBE’s and other small businesses have the opportunity to participate in the performance of the specific task requirements that is the subject of this RFP and should take all necessary and reasonable steps for this assurance. (Exhibit 10-I and guidance for Consultants completing the good faith effort submittal can be located at:
https://dot.ca.gov/-/media/dot-media/programs/localassistance/documents/lapm/c10/10i.pdf The Consultant shall verify and meet all LAPM requirements for:
• Notice to Proposers Disadvantaged Business Enterprise Information (Exhibit 10-I)
The following documents are available in the Caltrans Local Assistance Procedures Manual and must be completed and included in the Consultants RFP submittal:
• Consultant Proposal DBE Commitment (Exhibit 10-O1)
• Consultant Contract DBE Commitment (Exhibit 10-O2)
• Proposer Good Faith Effort (Exhibit 15-H) If unable to meet the goal • Disclosure of Lobbying Activities (Exhibit 10-Q)
The Consultant shall verify and meet all requirements of the Federal Lobbying Restrictions, Title 31, U.S.C. Section 1352.

IV. SCOPE OF SERVICES
Packet Pg. 373 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services)

REQUEST FOR PROPOSALS

FOR CONSTRUCTION MANAGEMENT SERVICES FOR

OLD ALTURAS ROAD OVER CHURN CREEK BRIDGE WIDENING AND ROAD IMPROVEMENTS PROJECT Prior to Construction

1. File Review – Review project files and plans including quantity calculations; memorandums to Resident Engineer; geotechnical reports; hydraulic studies; discovery plans; etc.

2. Schedule Review – Prepare a tentative schedule that identifies construction stages, utility relocations, notification time lines for permits and agreements, and all items that will be submitted by the Contractor for review and approval.

3. Pre-construction Conference – Organize a preconstruction conference with the Contractor, Subcontractors, City, to discuss the work involved, administrative matters, labor compliance, safety and accident prevention, answer questions from the contractors, and address issues that need to be resolved before work commences.

During Construction

4. Construction Meetings – Conduct regularly scheduled construction status meetings to review project schedule, potential change orders, progress payments, and future material testing needs; facilitate decision making and discuss issues that have the potential of adversely affecting the project budget, schedule, or product. Consultant shall prepare meeting agenda in consultation with City Construction Manager.

5. Coordination – Coordinate all administrative, inspection, and testing activities of the construction contract.

6. Contract Documents – Interpret the intent of the plans and specifications to protect the City against defects and deficiencies on the part of the Contractor, and maintain the project budget and schedule.

7. Labor Compliance – Perform labor compliance tasks, including verifying certified payrolls, subcontractor and apprentice utilization, and labor interviews.

8. Progress Reports – Prepare monthly progress reports and submit to the City.

The reports will address the progress of the work, the project schedule, information/decisions required to maintain the schedule and complete deliverables, problems encountered that may affect schedule, budget, work products, anticipated work for the following week and month, and should contain photographs documenting the progress of the work.

9. Contractor Inquiries – Prepare responses to RFI’s in compliance with the plans, specifications and City procedures for City’s approval.

Packet Pg. 374 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services)

REQUEST FOR PROPOSALS

FOR CONSTRUCTION MANAGEMENT SERVICES FOR

OLD ALTURAS ROAD OVER CHURN CREEK BRIDGE WIDENING AND ROAD IMPROVEMENTS PROJECT

10.Contract Change Orders – Prepare change orders in compliance with the specifications and City procedures for City’s approval.

11.Progress Payments – Analyze Contractor’s initial schedule of values for reasonableness. Reconcile and document items of work in compliance with the specifications and prepare monthly progress payments in compliance with City procedures for City’s approval.

12.Project Schedule – Monitor and analyze Contractor’s schedule for compliance with the specifications and permit requirements.

13.Project Budget – Monitor and analyze project expenditures, track earned value, forecast project costs, and develop strategies to keep project within budget.

14.Contractor Proposals – Evaluate Contractor’s cost-reduction proposals and provide recommendations to the City.

15.Utility Coordination – Coordinate with the appropriate utility companies for work that affects its specific utility.

16.Shop Drawings – Coordinate, document, and make engineering recommendations regarding shop drawings and their compliance with the plans and specifications for the City’s and design engineer’s approval.

17.Project Submittals – Coordinate, document, and make engineering recommendations regarding submittals and their compliance with the plans and specifications for the City’s and design engineer’s approval.

18.Materials Testing – Coordinate, conduct, interpret, and supervise all required soils and material tests in accordance with the City’s QAP.

19.Surveying – Provide review and approval of Contractor’s construction staking requests (if applicable) to ensure adequacy and accuracy. Construction surveying and staking will be the responsibility of the Contractor. The design consultant will provide survey control and electronic project files as needed.

20.Construction Inspection – Provide complete daily inspection of the construction and the Contractor’s operations, and prepare daily and weekly inspection documentation.

21.Test Data – Review and make recommendations on manufacturers shop or mill tests (or reports from independent testing laboratories) relative to materials, equipment, performance ratings, and concrete data as necessary to ensure conformance with the project specifications.

Packet Pg. 375 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services)

REQUEST FOR PROPOSALS

FOR CONSTRUCTION MANAGEMENT SERVICES FOR

OLD ALTURAS ROAD OVER CHURN CREEK BRIDGE WIDENING AND ROAD IMPROVEMENTS PROJECT

22.Traffic Control – Review and make recommendations regarding all traffic control proposals, and inspect Contractor’s traffic control to ensure compliance with specifications, and the Manual on Uniform Traffic Control Devices (MUTCD).

23.Safety – Conduct and document project safety meetings in accordance with the project requirements. Report all accidents, including property damage, and notify proper authorities. Document all incidents with photographs and written reports.

Enforce Federal and State regulations for occupational safety and health standards for all construction activities.

24.Environmental and Permits – Ensure that Contractor’s operations are in conformance with the environmental documents listed below. • Project Categorical exemption/Categorical exclusion

25.Claims Management – A separate task and an allowance of $10,000 should be included in the fee proposal to analyze, coordinate, administer, and make recommendations regarding potential claims submitted by the Contractor.

26.Final Inspection – Make final inspection of all construction, and provide written documentation indicating conformance with the plans and specifications and approved change orders. Coordinate with Caltrans and City staff for final inspection.

27.Quality Control-The Consultant has total responsibility for the accuracy, completeness, and timeliness of all meeting notes, contract change orders, progress payments, labor compliance documentation, reports, and all other work performed under this contract.

After Construction

28.Claim Management- A separate task and an allowance of $10,000 should be included in the fee proposal to analyze, coordinate, administer, and make recommendations regarding potential claims submitted by the Contractor.

29.As Built Plans – The consultant shall keep a full set of plans with “redline” changes updated during construction, then upon construction complete, shall be submitted to the City and Design Consultants for incorporation into final Record Drawings.

30.Contract Records – Provide the City with the original set of construction documents cataloged in accordance with the Caltrans filing system, including all documentation, correspondence, diaries, contract documents, labor compliance, Packet Pg. 376 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services)

REQUEST FOR PROPOSALS

FOR CONSTRUCTION MANAGEMENT SERVICES FOR

OLD ALTURAS ROAD OVER CHURN CREEK BRIDGE WIDENING AND ROAD IMPROVEMENTS PROJECT etc. Hard copy documents are to be boxed and indexed in storage boxes. All files shall be submitted electronically via a flash drive.

V. Prevailing Wage and DIR Registration Requirements
Portions of the work contemplated for this contract may be subject to the payment of prevailing wages (e.g., certain inspection and testing services). The prevailing wage of each job classification may be found by inquiry with the state’s Department of Industrial Relations. Consultant and any sub consultant effected shall comply with all laws related to the performance of Public Work including, but not limited to, payment of prevailing wages, the employment of apprentices pursuant to §1777.5 of the California Labor Code and the obligation set forth in §1726 of the California Labor Code to provide the City of Redding and/or Department of Industrial Relations certified payroll documentation when required.

Copies of all certified payroll records related to this project are to accompany the relevant invoice submitted to the City of Redding. This includes the Employer Statement of Payments that addresses financial consideration of employee benefits.

No Contractor/Consultant or sub consultant may be listed in a bid proposal for a Public Work project unless registered with the Department of Industrial Relations pursuant to Labor Code §1725.5 (with limited exceptions from this requirement for bid purposes only under Labor Code §1771.1(a)).

No Contractor/Consultant or sub consultant may be awarded a contract for a Public Works project unless registered with the Department of Industrial Relations pursuant to Labor Code §1725.5.

The effected Consultant and sub consultants must upload electronic payroll records directly to the Department of Industrial Relations division of Labor Commissioner.

VI. PROPOSAL FORMAT
The proposal shall include, as a minimum, the following information in the order shown below:

1. Cover/Transmittal Letter–Letter is to be signed, in ink, by a member of the organization having the authority to negotiate and execute contracts on behalf of the firm. Cover letter must acknowledge receipt of any and all addenda by number, if any were issued (if in doubt, check the web at http://www.cityofredding.org/PurchasingBids or contact Amber Edenburn at [email protected].

Packet Pg. 377 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services)

REQUEST FOR PROPOSALS

FOR CONSTRUCTION MANAGEMENT SERVICES FOR

OLD ALTURAS ROAD OVER CHURN CREEK BRIDGE WIDENING AND ROAD IMPROVEMENTS PROJECT

2. Project Understanding–This section should outline the consultant’s basic understanding of the project. It should identify key issues to be addressed during the project and any insights or innovative ideas the consultant can provide in addressing those issues.

3. Scope of Work–Describe the work plan that you intend to use to complete the tasks listed in the Scope of Services. Note any changes/deviations or additions to the work descriptions that may have been overlooked or that help clarify the work tasks. Deviations which demonstrate a clear benefit or advantage to the City may receive special consideration.

4. Related Experience– Include all projects in progress or completed over the last five (5) years by your firm that are comparable to this project. Highlight designated personnel and their roles on these projects. Indicate the specific relationship to the project if other than the principal firm. Include agency references with names, addresses, and current phone numbers.

5. Responsible Personnel– List the Principal-in-Charge, Project Manager, Resident Engineer, and key project staff who will be directly involved in this project. Professional qualifications, registration numbers, and applicable experience of each person is required, together with the hours that each is committed to the project. Indicate the role this person had on the projects listed in the Related Experience section above, if any. Include all anticipated sub-consultants, listing names, addresses, telephone numbers, key staff personnel, and the expected hours to be committed to the project. A project organizational chart of key personnel shall be included. Every person whose resume is provided shall be shown on the organization chart. Resumes of people who are not shown on the organization chart will not be considered.

Personnel in responsible charge of the construction engineering and administration shall be registered engineers in the State of California.

6. Project Management Plan – Describe how the project will be controlled and executed through to completion. Include a communications and coordination plan that applies to both the City and Contractor, in addition to members of the consultant’s team. Demonstrate retention efforts to maintain the key team members and should there be changes, the City must pre-approve changes to key personnel working on the project.

7. Federally Required Documents/Forms - The Consultant shall complete the following forms and include them in the submittal packet:
• Consultant Proposal DBE Commitment (Exhibit 10-O1)
• Consultant Contract DBE Commitment (Exhibit 10-02)
• Disclosure of Lobbying Activities (Exhibit 10-Q
• Proposer Good Faith Effort (Exhibit 15-H) If unable to meet the goal • Consultant Certification of Costs and Financial Management Packet Pg. 378 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services)

REQUEST FOR PROPOSALS

FOR CONSTRUCTION MANAGEMENT SERVICES FOR

OLD ALTURAS ROAD OVER CHURN CREEK BRIDGE WIDENING AND ROAD IMPROVEMENTS PROJECT System(link found on page 3 of this RFP)
• Example Cost Template 10H1 (attached)
Some of these documents are available on Caltrans website at the following link:
https://dot.ca.gov/programs/local-assistance/forms/local-assistanceprocedures-manual-forms

8. Consultant/Sub-consultant Form-Fill out attachment 2 and submit with your proposal.

9. Consultant Fee– In a separate sealed envelope, present one (1) set of documentation for the estimated fee for construction management services as described in the Scope of Work. Please provide a breakdown for the project listed in the proposal as the successful consultant will be asked to breakdown and submit billing invoices each month. The consultant shall prepare an estimated fee for the contract work as shown on the example cost template 10H1. The cost estimate shall be broken down for the Project by task, man-hours per task, different personnel classifications per man-hour (i.e., Principal, Senior Engineer, Staff Engineer, Clerical, etc.), provide a total cost per task, sub-consultant fees, expenses, and a total notto-exceed amount for the entire project. Fees shall include all markups, overhead, and profit. The estimated fee shall be submitted in a sealed envelope along with copies of the proposal and shall not be opened until the interview process has been completed. The fee shall not be a scoring factor in the evaluation of the consulting firms. Do not state cost for services anywhere in the proposal.

VII. PROPOSAL SUBMITTAL
Pages in the proposal shall be typed and double-sided with the maximum number of pages of the proposal information (excepting cover sheet, cover letter, resumes, blank pages, and table of contents) to be limited to twenty (20) pieces of paper (40 pages). Only the specifically requested information shall be submitted.

Promotional or other unsolicited material shall not be submitted. If a consultant recognizes a superior method of accomplishing a specific task or item, the consultant’s fee shall reflect the City’s requested work, and the cost increase/savings for the more-efficient method shall be noted separately.

The consultant shall submit an original (unbound), four (4) bound copies, and one (1) USB drive with a PDF copy of the proposal in a sealed box or envelope clearly marked with the consultant’s name and the description "Proposal for

CONSTRUCTION MANAGEMENT SERVICES FOR OLD ALTURAS ROAD

OVER CHURN CREEK BRIDGE WIDENING AND ROAD IMPROVEMENTS
Packet Pg. 379 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services)

REQUEST FOR PROPOSALS

FOR CONSTRUCTION MANAGEMENT SERVICES FOR

OLD ALTURAS ROAD OVER CHURN CREEK BRIDGE WIDENING AND ROAD IMPROVEMENTS PROJECT PROJECT, BID SCHEDULE NO. 5387." The proposals shall be delivered to the City Clerk’s Office by the time and date noted on the cover sheet of this RFP. A single set of the consultant’s fee schedule for the services required in this proposal shall be submitted, along with the copies of the proposal in a separate sealed envelope with the same notation as the proposals. The sealed envelope will not be opened until after the Consultants have been ranked.

Late submittals, submittals to the wrong location, or submittals with inadequate copies are considered non-responsive and shall be rejected. The City reserves the right, at its sole discretion, to waive any minor irregularities found in the proposals.

IIX. EVALUATION CRITERIA
City of Redding City Manager Policy 22-03 establishes the method of selecting a Consultant to perform the work of this project. A Review/Selection Committee made up of Engineering personnel will evaluate the Consultants based on the proposals and the following items:
• Understanding of the project/scope (20 points)
• Team experience: similar projects; working with the City (25 points) • Qualifications and experience of the Resident Engineer (15 points) • Qualifications and experience of project team members (15 points) • Project schedule; financial responsibility (10 points) • Project management plan (10 points)
• Geographical location of project team (5 points)
If necessary, an oral interview to determine which Consultant is best qualified to perform the work for this project. The Committee will then determine a ranking of the Consultants at which time the Consultant fee envelopes will be opened and tabulated. The Consultant fees will be evaluated to determine if the amount of the fee is considered a reasonable cost for the work. If the top ranked Consultant’s fee is reasonable, the Committee will make a recommendation to the City Engineer.

In the event that the top ranked Consultant submits a fee that is not considered a reasonable cost for the work and the Consultant is unable to lower the fee to an acceptable level, the City Engineer reserves the right to bypass the top ranked Consultant and negotiate with the second ranked Consultant. The City Engineer may require additional information prior to making the recommendation to the City Council to award and enter into a contract with the selected Consultant.

Packet Pg. 380 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services)

REQUEST FOR PROPOSALS

FOR CONSTRUCTION MANAGEMENT SERVICES FOR

OLD ALTURAS ROAD OVER CHURN CREEK BRIDGE WIDENING AND ROAD IMPROVEMENTS PROJECT IX. STANDARD CONSULTANT CONTRACT
The Consultant selected to provide the scope of services shall use the City of Redding’s standard Consulting and Professional Services Contract. A copy of the standard City of Redding agreement is attached. By submitting a proposal for the work, the consultant agrees to utilize the City’s contract. Pay close attention to the insurance requirements indicated in Section 5 of the contract.

X. TENTATIVE SCHEDULE
Begin Circulation of RFP to Consultants ............................................. June 16, 2023 Deadline for Receipt of Questions (by 5:00 p.m.).............................June 30, 2023 Addendum issued (if necessary) ........................................................ July 7, 2023 Deadline to Submit Proposals .......................................................... July 14, 2023 Evaluate Proposal ............................................................Week of July 17th, 2023 Interviews consultants (if necessary) ............................................... July 25, 2023 Obtain City Council Approval........................................................ August 15, 2023 Construction Prof. Ser. Contract Notice to Proceed ..................... August 16, 2023 Begin Construction ............................................................................October 2023 End Construction .........................................................................December 2024 XI. CONTACTS
Any questions regarding this RFP must be submitted in writing to both contact names shown below. Responses deemed material to the understanding of this project will be shared with all known interested parties by way of formal addendum.

Nick Visconti, Construction Manager, [email protected] Amber Edenburn, Purchasing Officer, [email protected]

Questions must be received on later than 5:00 p.m. on Friday, June 30, 2023.

Addenda will be emailed to all known interested parties as well as be posted to http://www.cityofredding.org/PurchasingBids (scroll down to the schedule number). It is ultimately the responsibility of the consultant to be in receipt of all addenda, should any be issued.

Packet Pg. 381 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services)

REQUEST FOR PROPOSALS

FOR CONSTRUCTION MANAGEMENT SERVICES FOR

OLD ALTURAS ROAD OVER CHURN CREEK BRIDGE WIDENING AND ROAD IMPROVEMENTS PROJECT

ATTACHMENTS

1. Project Location Map

2. Consultant/Sub-consultant Forms-Required Submittal

3. City of Redding Request for Proposals General Conditions

4. Consultant Professional Services Contract Template

5. Example Cost Template 10H1

6. City Quality Assurance Plan (QAP)

7. Debarment and Lobbying Forms
Packet Pg. 382 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services) Packet Pg. 383 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services) Rev. 03/08/22

CONSULTANT / SUBCONTRACTORS INFORMATION
Each consultant shall submit with his Proposal a list of subcontractors in conformance with Section 2-3 of the 2021 Greenbook. If there are no subcontractors, Consultant shall so stipulate on this form.

Consultant
CSLB License Number, Expiration Date & Classification / DIR Registration Number and Expiration Date / E-Mail Address CSLB #: Exp.: Class:

DIR #: Exp.:

E-Mail Address:

Type of Work and
Percentage of Project
Subcontractor’s Name / Business Address /
CSLB License Number, Expiration Date & Classification / DIR Registration Number and Expiration Date / E-Mail Address

CSLB #: Exp.: Class:

DIR #: Exp.:

E-Mail Address:

CSLB #: Exp.: Class:

DIR #: Exp.:

E-Mail Address:

CSLB #: Exp.: Class:

DIR #: Exp.:

E-Mail Address:

NOTE: DIR Registration expires annually on June 30th. You must renew your registration by July 1st of each year to be eligible to bid and or work on Public Work contracts.

Packet Pg. 384 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services)

CITY OF REDDING, CALIFORNIA

REQUEST FOR PROPOSALS

GENERAL CONDITIONS

1. PUBLIC INFORMATION
All submitted proposals and information included therein or attached thereto shall become public record upon their delivery to the City. Proposals may be reviewed by outside interested parties after all proposals received for a particular project have been reviewed and the intended awardee has been selected.

By submission of a proposal, Consultant understands and agrees that the City of Redding is subject to the California Public Records Act (Cal. Gov. Code section 62500 et seq.), and that all or part of the proposal submitted by Consultant may be subject to disclosure therein regardless of whether the proposal or part thereof is marked as proprietary. The City reserves sole discretion to determine whether disclosure is necessary under State law, and Consultant hereby releases City from all liability relating to such disclosure. City shall have no obligation to litigate the issue of disclosure under the Act on behalf of Consultant.

2. RFP ADDENDA
The City of Redding reserves the right to amend, alter, or revoke this RFP in any manner at any time. At the City’s sole discretion, modifications, clarifications, or additions will be distributed as an addendum to all known proposers. It is the responsibility of all interested parties to verify the existence of addenda (check Purchasing’s website at www.cityofredding.org/PurchasingBids or call/ email the stated City contact).

3. PROPOSAL PREPARATION COSTS
All costs incurred in the preparation and presentation of this proposal shall be wholly absorbed by the vendor.

4. PROPOSALS
All proposals will be firm for a period of ninety (90) calendar days following the required date of submission unless an alternate time frame is stated in the Request for Proposal.

5. DEVIATIONS
If there are any deviations from the specifications set forth herein, the bidder shall note the deviations in his proposal. Failure to note a deviation from the specifications may be grounds for rejection by the City of that particular proposal. Where deviations are noted, the City reserves the right to accept a proposal containing such deviations provided that, in the sole opinion of the City, the deviation or deviations so noted do not affect the overall capability of the alternative item or process proposed to perform the function for which it is to be acquired and such deviations result in lesser total cost to the City for the subject item or service.

Packet Pg. 385 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services)

6. WITHDRAWAL OF PROPOSAL
Any proposer may withdraw their proposal, either personally or by written request at any time prior to the scheduled closing time for the receipt of proposals. Such requests are to be directed to the City Clerk.

7. SELECTION PROCEDURES
Proposals submitted will be subject to the City’s selection procedures for technical and/or professional consultants. Accordingly, final selection will be based upon overall capability to perform services and not exclusively upon cost of services.

The City may make any investigation it deems necessary to determine the ability of a Proposer to carry out the obligations indicated in the Request for Proposal and the submitted Proposal. At the City’s sole discretion, the Proposer shall furnish to the City all information and data for this purpose if materials submitted by, or investigation of, any Proposer fails to satisfy the City that the Proposer is properly qualified to carry out the stated obligations.

The City of Redding reserves the right to accept the proposal that is in the best interest of the City. The City’s decision shall be final.

8. RIGHT TO REJECT PROPOSALS
The City reserves the right to reject any and all proposals, to waive any non-material irregularities or information in any proposal, and to accept or reject any combination of items.

9. AWARD OF CONTRACT
The award of the contract, if it is awarded, shall be made on the basis of availability of budgeted funds and to a responsible Contractor who presents the best value to the City per Redding Municipal Code 4.20.040(C).

4.20.040(C) Procure for the city the needed quality in supplies, services and equipment that prove to be the best value to the city. Determination of best value may take into consideration additional elements beyond cost such as warranty, life cycle related costs, lead time, desired aesthetics, work experience as verified through references or work examples, vendor location, prior work with the city or other factors deemed relevant by the purchasing officer in the procurement of the needed supplies, equipment or work to be performed.

10. CITY OF REDDING BUSINESS LICENSE
The awarded Vendor/Consultant may be required to obtain a City of Redding Business License per Municipal Code 6.02 – Business Licenses.

Packet Pg. 386 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services)

6.02.020 It is unlawful for any person to be engaged in business in the city without having a valid license from the city to do so, in compliance with any and all regulations contained in this chapter pertaining to the business, unless the person is exempt under the provisions of this chapter. No person who is an employee, or the direct representative of a licensee, shall be required to pay a license fee for doing any part of the work of the licensee.

The selected firm shall execute an agreement with the City within ten (10) working days after notification of selection, unless the time for execution has been extended for good cause at the sole discretion of the City. Failure of the selected firm to meet contract submission requirements (e.g. insurance) or failure to timely execute an agreement with the City may result, in the sole discretion of the City, a decision to select from the remaining proposers or to call for new proposals.

Rev. 07/17/20
Packet Pg. 387 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services)

CONSULTING AND PROFESSIONAL SERVICES CONTRACT

WITH FHWA / FEMA FUNDING/ASSISTANCE
THIS CONTRACT is made at Redding, California, by and between the City of Redding (“City”), a municipal corporation, and _______________ (“Consultant”) for the purpose of _______________.

WHEREAS, a source of funding for payment for professional services provided under this Agreement is federal funds from the Federal Emergency Management Agency (FEMA) or United States Department of Transportation.

WHEREAS, Consultant desires to perform and assume responsibility for the provision of certain 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, Description and General Consulting, Design and Environmental Services. These services will be specifically authorized by the Citywhen needed through the issuance of individual Task Orders. Each Task Order will contain a scope of services, schedule, and compensation terms and be authorized in writing by the City and agreed to by Consultant. Unless exceptions are specifically noted in the Task Order, all work will be governed by these contract terms and conditions set forth in this Contract. Each Task Order executed by the parties will be incorporated herein and made part of this Contract. Proposed Task Orders and their corresponding proposed fee are to be in accordance with the specific rates of compensation in Exhibit B. These Task Orders will be scoped and negotiated following execution of the Contract.

B. Consultant shall submit progress reports at least once a month. Each progress report should be sufficientlydetailed 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 of interim 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 Consulting and Professional Services Contract/FHWA Page 1 Packet Pg. 388 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services) 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 Consultant.

E. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be 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”), if federal participating funds are used in this Contract, to review and inspect the project activities and files at all reasonable times during the performance period of this Contract including review and inspection on a daily basis.

J. Consultant shall comply with the Federal Provisions set forth in Exhibit C, attached and incorporated herein, and shall further execute and deliver the certifications set forth therein to the City.

SECTION 2. COMPENSATION AND REIMBURSEMENT OF COSTS
A. Consultant will be reimbursed for hours worked at the hourly rates specified in the consultant’s approved Cost Proposal, Exhibit B. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this Contract.

B. In addition, Consultant will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Cost Proposal and identified in the approved Cost Proposal and in the executed Task Order.

C. Specific projects will be assigned to consultant through issuance of Task Orders.

D. After a project to be performed under this Contract is identified by City, City will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project Consulting and Professional Services Contract/FHWA Page 2 Packet Pg. 389 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services) schedule and will designate a City Project coordinator. The draft Task Order will be delivered to Consultant for review. Consultant shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, and any direct costs authorized pursuant to Section 2.B, and total dollar amount. After agreement has been reached on the negotiable items and total cost; and finalized Task Order shall be signed by both City and Consultant.

E. Task Orders may be negotiated for a lump sum, actual cost plus fixed fee or for specific rates of compensation, all of which must be based on labor and other rates set forth in consultant’s approved Cost Proposal.

Consultant shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations or the Secretary of Labor, as applicable.

Consultant is responsible for paying the appropriate rate, including escalations that take place during the terms of the Agreement.

Reimbursement for transportation and subsistence costs shall not exceed State rates.

F. When milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval in the form of an Agreement amendment for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.

G. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.

H. Consultant shall not commence performance of work or services until this Agreement has been approved byCity. No payment will be made prior to approval or for any work performed prior to approval of this Agreement.

I. A Task Order is of no force or effect until returned to City and signed by an authorized representative of City. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by City.

J. Consultant shall be reimbursed within thirty (30) days upon receipt byCity’s Contract Administrator of itemized invoice. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which consultant is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved cost Proposal and shall reference this Agreement number, project title and Task Order number. Credits due City that include any equipment purchased under the provisions of Section 4, must be reimbursed by consultant prior Consulting and Professional Services Contract/FHWA Page 3 Packet Pg. 390 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services) to the expiration or termination of this Contract. Invoices shall be mailed to City’s Contract Administrator at the following address:

K. The period of performance for Task Orders shall be in accordance with dates specific in the Task Order. No Task Order will be written which extends beyond the expiration date of this contract.

L. The total amount payable by City for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment.

M. If Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.

N. Task Orders may not be used to amend the language (or terms) of this Contract nor to exceed the scope of work under this Contract.

O. The total amount payable byCity for all Task Orders resulting from this Contract shall not exceed $________. It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this Agreement through Task Orders.

SECTION 3. TERM AND TERMINATION
A. This contract shall go into effect on the date it is signed by the City, and Consultant shall commence work after notification to proceed by City’s Contract Administrator.

The contract shall end on (DATE), 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 anymanner deemed proper by City. If Cityterminatesthis contract with Consultant, City shall payConsultant 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. It is mutually understood between the Parties that this Contract may have been written before ascertaining the availability of funds or appropriation of funds, or for the mutual Consulting and Professional Services Contract/FHWA Page 4 Packet Pg. 391 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services) benefit of both Parties, or in order to avoid program and fiscal delays that would occur if the 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 anystatute, 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, of the California Constitution, it is mutually agreed that if sufficient funds are not appropriated, this Contract shall be amended to reflect any reduction in funds. Citymay likewise void the Contract under Section 3.C.

F. 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.

G. In the event that City terminates the Contract, City shall payConsultant the reasonable value of services rendered byConsultant 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 Contract Administrator is necessary to determine the reasonable value of the services rendered by Consultant.

H. 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 byCity’s Contract Administrator shall be required before Consultant enters into anyunbudgeted purchase order, orsubcontract 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 of all non-expendable property. Nonexpendable property is defined as having a useful life of at least two years and an 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 of the Consulting and Professional Services Contract/FHWA Page 5 Packet Pg. 392 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services) Contract, or if the 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
Comprehensive Vehicle Liability
Workers’ Compensation and Employers’ Liability
Professional Liability (Errors and Omissions)
(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 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; Consulting and Professional Services Contract/FHWA Page 6 X
X
X
X
Packet Pg. 393 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services)

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 (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 Consulting and Professional Services Contract/FHWA Page 7 Packet Pg. 394 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services) 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.

G. The requirements as to the types and limits of insurance coverage to be maintained by Consultant as required bySection 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 byConsultant 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 CivilCode § 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 Consulting and Professional Services Contract/FHWA Page 8 Packet Pg. 395 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services) 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 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 byCity 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 conversation with any official, officer, agent or employee of City, either before, during Consulting and Professional Services Contract/FHWA Page 9 Packet Pg. 396 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services) 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 of City. Forbearance or indulgence byCity 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 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 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 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.

Consulting and Professional Services Contract/FHWA Page 10 Packet Pg. 397 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services) 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 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.

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 Consultant and its agents, employees and subcontractors assigned to perform the services contemplated by this Contract.

Consulting and Professional Services Contract/FHWA Page 11 Packet Pg. 398 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services) 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 of the 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 unlawfullydiscriminate, harass, or allow harassment against anyemployee 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 of family 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 of the Department of Transportation - Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act).

Title VI provides that the recipients of federal 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.

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 Consulting and Professional Services Contract/FHWA Page 12 Packet Pg. 399 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services) 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 _______________, email __________, telephone number (530) _______________, fax number (530) _______________. 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 _______________, email __________, telephone number (___) _________________, fax number (___) _______________. 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 byfacsimile, 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:

B. Either partymay 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; Consulting and Professional Services Contract/FHWA Page 13 Packet Pg. 400 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services) 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. 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 of the 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. If the 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 if the 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, of the LAPM), certified correct byConsultant or Consultant’s authorized representative and shall be furnished to City’s Contract Administrator with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in 25 percent of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to the Consultant when a satisfactory “Final Consulting and Professional Services Contract/FHWA Page 14 Packet Pg. 401 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services) 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 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.

B. Consultant warrants, by execution of this 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 byConsultant 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 of this contract, or any ensuingCity 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.

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.

Consulting and Professional Services Contract/FHWA Page 15 Packet Pg. 402 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services) 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 of the 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 anycontract to provide construction inspection for anyconstruction 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 Cityshall 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 of final 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 of this 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 of the 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.

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.

Consulting and Professional Services Contract/FHWA Page 16 Packet Pg. 403 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services) 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 of fact arising under this Contract that is not disposed of by agreement shall be submitted in writing and decided byCity’s Director of Public 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 byCity. Consultant’s personnel shall wear hard hats and safetyvests 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 of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.

Consulting and Professional Services Contract/FHWA Page 17 Packet Pg. 404 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services) 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 necessaryto 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 byConsultant 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, if necessary, 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.

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.

Consulting and Professional Services Contract/FHWA Page 18 Packet Pg. 405 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services) 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 of the 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 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 byanyfederal agencywithin the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or Consulting and Professional Services Contract/FHWA Page 19 Packet Pg. 406 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services) 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 OFEXPENDINGCITY, STATE,ORFEDERAL 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 of the 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 of anycooperative 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 of Congress; an officer or employee of Congress, or an employee of a 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 bySection 1352, Title 31, US. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Consulting and Professional Services Contract/FHWA Page 20 Packet Pg. 407 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services) 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. EFFECTIVE DATE OF CONTRACT
The effective date of this Contract shall be the date it is signed by City.

OPTIONAL LANGUAGE
If there are any questions about the applicability of the Prevailing Wage Law, please consult with the City Attorney. In the event that the Prevailing Wage Law applies, insert the following as Section 24 and renumber 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.

Consulting and Professional Services Contract/FHWA Page 21 Packet Pg. 408 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services) 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:

ATTEST: APPROVED AS TO FORM:

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

CONSULTANT
Dated: ___________, 20____ ___________________________________ By:

Department of Industrial Relations No.:_____________
Tax ID No.:_________________________
Attachments:

Exhibit A (Scope of Work)
Exhibit B (Cost Proposal)
Exhibit C (Federal Provisions)
Exhibit 10-I (Notice to Proposers DBE Information)
Consulting and Professional Services Contract/FHWA Page 22 Packet Pg. 409 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services)

Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Note: Mark-ups are Not Allowed ☐ Prime Consultant ☐ Subconsultant ☐ 2nd Tier Subconsultant Consultant __________________________________________________________ Project No. _______________________ Contract No. ____________________ Date ____________________

DIRECT LABOR
Classification/Title Name Hours Actual Hourly Rate Total ____________________________
____________________________
____________________________
____________________________
________
________
________
________

LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) _______________
_______________
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] _______________

INDIRECT COSTS
d) Fringe Benefits (Rate: _____ )
f) Overhead (Rate: _____ )
e) Total Fringe Benefits [(c) x (d)] _______________
g) Overhead [(c) x (f)] _______________
h) General and Administrative (Rate: ___ __ ) i) Gen & Admin [(c) x (h)] _______________

FIXED FEE
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] _______________ k) TOTAL FIXED FEE [(c) + (j)] x fixed fee ______ ] ______________ l) CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) Description of Item Quantity Unit Unit Cost Total
l) TOTAL OTHER DIRECT COSTS
m) SUBCONSULTANTS’ COSTS (Add additional pages if necessary) Subconsultant 1:

Subconsultant 2:

Subconsultant 3:

Subconsultant 4:
m) TOTAL SUBCONSULTANTS’ COSTS
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l)+(m)] ___________________ TOTAL COST [(c) + (j) + (k) + (n)] _____________________ 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 (**). 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 cognizant agency or accepted by Caltrans.

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

January 2020 Packet Pg. 410 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services) Local Assistance Procedures Manual EXHIBIT 1 0-H1
Cost Proposal
EXHIBIT 10-H 1 COST PROPOSAL Page 2 of 3

COST-PLUS-FIXED FEE OR LUMP SUM OR 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 Total Hours per Avg 5Year
Subtotal per Cost Cost Proposal Hourly Contract
Proposal Rate Duration
$250,000.00 500 = $50.00 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 $50.00 + 2% = $51.00 Year 2 Avg Hourly Rate
Year 2 $51.00 + 2% = $52.02 Year 3 Avg Hourly Rate
Year 3 $52.02 + 2% = $53.06 Year 4 Avg Hourly Rate
Year 4 $53.06 + 2% = $54.12 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 20.0% 5000 = 1000 Estimated Hours Year 1
Year 2 400% 5000 = 2000 Estimated Hours Year 2
Year 3 15.0% 5000 = 750 Estimated Hours Year 3
Year 4 15.0% 5000 = 750 Estimated Hours Year 4
Years 100% 5000 = 500 Estimated Hours Year 5
Total 100% Total = 5000

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 $50.00 1000 = $50,000.00 Estimated Hours Year 1
Year 2 $51.00 2000 = $102,000.00 Estimated Hours Year 2 Year 3 $52.02 750 = $39,015.00 Estimated Hours Year 3
Year 4 $53.06 750 = $39,795.30 Estimated Hours Year 4
Years $54.12 500 = $27,060.80 Estimated Hours Year 5
Total Direct Labor Cost with Escalation = $257,871.10
Direct Labor Subtotal before Escalation = $250,000.00
Estimated total of Direct Labor Salary = Transfer to Page 1 Increase $7,871.10
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.
(i e. $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.

January 2020
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
EXHIBIT 10-H 1 COST PROPOSAL Page 3 of 3
Certification of Direct Costs:

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal{s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles {GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board {when applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements.

Costs that are noncom pliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate{s).

Prime Consultant or Subconsultant Certifying:

Name: ______________ _ Title*:

Signature: ______ _____ _ _ Date of Certification {mm/dd/yyyy): ____ _ Email: _____ _______ _ Phone Number:

Address: ________________________________ _
*An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

List services the consultant is providinq under the proposed contract:

January 2020
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Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services)

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND

VOLUNTARY EXCLUSION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.

4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definition and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals.

Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs.

Packet Pg. 419 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services)

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction originated may pursue available remedies, including suspension and/or debarment.

NOW, THEREFORE, Contractor certifies as follows:

That, by submission of its proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

CONTRACTOR
Dated: ______________________ _____________________________ By:

Packet Pg. 420 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services)

CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any 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 agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loan, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

4. 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, U.S. Code.

Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

CONTRACTOR
Dated: _______________________ ______________________________ By:

Packet Pg. 421 Attachment: Request for Proposals (4.11(a)--Award RFP No. 5387 Construction Management Services) z

CITY OF REDDING

REPORT TO REDDING CITY COUNCIL
MEETING DATE: December 6, 2016
ITEM NO. 4. 11( i)
W- 020- 575]
FROM: Brian Crane, Public Works
Director
SUBJECT: 4. 1 l (i) --Adoption of Old Alturas Road Bridge over Churn Creek Mitigated Negative Declaration
APPROVED BY***
01 Frian rave, Public
V
orks Dire or 11/ 23/ 2016 Carman 11/ 281201
Recommendation
Adopt Resolution approving the Mitigated Negative Declaration and Mitigation Monitoring Program, and approving the Old Alturas Road and Churn Creek Bridge Rehabilitation Project as described, thereby satisfying the requirements of the California Environmental Quality Act CEQA Guidelines § 15074).

Background
The City of Redding Department of Public Works proposes to rehabilitate the existing four -span, 143 -foot -long by 28 -foot -wide reinforced concrete bridge over Churn Creek on Old Alturas Road. Rehabilitation would include widening the bridge deck, pier walls, and abutments, and widening the roadway on either side of the bridge. Approximately 88 percent of the project is funded by the federal Highway Bridge Program.

The first order of work will be completion of two temporary access roads across the channel for equipment and vehicles. The contractor may also create a temporary access pad beneath the bridge to be used as a road/work platform. The pad and access roads would be made up of clean, uncrushed, rounded river rock with no sharp edges; temporary culverts would divert any stream flows through the site. All temporary work pads and stream crossings would be removed during the winter months as approved by the various resource agencies.

Following completion of the access roads, the existing abutments would be extended to 67 feet.

The existing 1 - foot -wide pier walls would be extended to 66 feet, and ten 50 -foot -long, 30 -inch -diameter piles would be installed to provide support for the pier extensions. Rock slope protection would be placed 21 feet upstream and downstream of the new pier walls and be placed in a 15 -foot -wide zone around the abutments. Upon completion of work around the pier walls and abutments, the bridge deck would be widened. The new concrete bridge deck would measure 67 feet wide and would include a 14 -foot -wide center turn lane and two 12 -foot -wide lanes, each with an 8 -foot -wide shoulder and a 6 -foot -wide sidewalk with a barrier. Pile driving may be required for the placement of falsework piles and for the installation of sheet piles around the pier walls and abutments for dewatering purposes and as temporary retaining walls. The Packet Pg. 422 Attachment: Previous Staff Report 12-6-2016 (4.11(a)--Award RFP No. 5387 Construction Management Services) Report to Redding City Council November 29, 2016
Re: 4.11( 1) -- Adoption of Old Alturas Road at Churn Creek Bridge Mitigated Negative Declaration Page 2
western and eastern approaches to the bridge would require ± 600 and ± 1, 000 feet of road work, respectively; this would include minor widening of the roadway near the bridge to match the width of the new bridge deck. New storm drains and catch basins would be constructed to adequately drain the improved roadway along the north side of both the east and west approach roadways and along the south side of the east approach roadway. In addition, affected driveways would be modified to conform with the new roadway.

Staged construction would be used to build the bridge while maintaining one lane of traffic in each direction; periodic traffic control may be required during critical construction events. An existing 12 -inch -diameter water line and a 4 -inch -diameter gas line would be relocated to the new edge of deck, and electric utilities would be relocated to the edge of the right- of-way. The project will require additional right-of-way to accommodate the new bridge and sewer line.

Temporary construction easements would also be required for construction access and staging.

Construction is planned for summer of 2018, with the goal of completing the project in one construction season. Two construction seasons may be required, however, depending on how early in the season construction begins, construction efficiency, coordination with utilities, and other factors.

An Initial Study ( IS) was prepared to satisfy the requirements of the California Environmental Quality Act (CEQA). It describes why the Project is being proposed and the potential impacts to the existing environment. The IS shows that the proposed Project could have a significant effect on biological and cultural resources, but with implementation of mitigation measures, those impacts will be reduced to a level considered less than significant. Mitigation measures to be implemented are common practices and include, but are not limited to biological preconstruction surveys, impact minimization, construction monitoring, exclusionary fencing, erosion control, on- site restoration, and off-site compensation.

Based on the conclusions made in the IS, a Mitigated Negative Declaration ( MND) was prepared. The MND describes the project, including mitigation measures, and makes the determination that there will be no significant effect on the environment provided that the defined mitigation measures are implemented as part of the project.

In addition, a Mitigation and Monitoring Program ( MMP) has been written and incorporated into the MND (CEQA Section 21081. 6). The MMP will be used by City staff, contractors, agencies, and monitoring personnel during and after the project to ensure effective implementation of the adopted mitigation measures outlined in the MND.

The IS/ MND/MMP documents were sent to the State Clearinghouse for a 30 day public review period and distribution to pertinent state agencies. They were sent to local resource agencies and the Shasta County Clerk, and posted on the Public Works Department website. A public notice was also sent to landowners in the vicinity of the project and posted in the local newspaper. One comment letter was received from the Department of Fish and Wildlife. A response to the comment letter has been prepared and is attached to the final MND.

The City of Redding is the lead agency for the Project pursuant to CEQA. As the lead CEQA agency, the City Council is authorized to adopt the MND per Redding Municipal Code Section I8.24.070.E and state law. Upon adoption of the MND and approval of the project by the City Council, a Notice of Determination will be filed with the Shasta County Clerk' s Office and the Packet Pg. 423 Attachment: Previous Staff Report 12-6-2016 (4.11(a)--Award RFP No. 5387 Construction Management Services) Report to Redding City Council November 29, 2016
Re: 4.11( 1) -- Adoption of Old Alturas Road at Churn Creek Bridge Mitigated Negative Declaration Page 3
State Clearinghouse, completing the environmental review process. The IS/ MND is available in the City Clerk' s office for review.

Issue
Should the City Council adopt the attached resolution relative to the Old Alturas Road and Churn Creek Bridge Rehabilitation Project?
Alternatives; Implication ofAlternatives
The City Council has the option of selecting one of the following alternatives:

1. Adopt the attached resolution, thereby adopting the Mitigated Negative Declaration and Mitigation Monitoring Program and approving the Project as described. With this action, the Council will be in compliance with the requirements of the California Environmental Quality Act (CEQA Guidelines § 15074). ( Staff Recommendation)

2. Do not adopt the resolution and Mitigated Negative Declaration. Without approval of the environmental document, the project would not proceed forward as a City project.

Fiscal Impact
Adoption of the resolution allows the project to move forward towards the construction phase.

There is no fiscal impact as a direct result of adopting the MND and MMP.

Conclusion
Adoption of the MND and approval of the Project are necessary for the project to proceed. The environmental phase must be completed prior to the project moving forward towards construction.

Attachments:

Mitigated Negative Declaration
Resolution
Packet Pg. 424 Attachment: Previous Staff Report 12-6-2016 (4.11(a)--Award RFP No. 5387 Construction Management Services)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Adopt Resolution authorizing the submittal of a grant application by the City of Redding (City) to the State Water Resources Control Board Drinking Water State Revolving Fund; and, should the grant be awarded, authorize the Mayor to execute a Consolidation and Water Service Agreement with the Cascade Racquet Club Mutual Water Company for connection to the City’s water system.

Fiscal Impact
There is no fiscal impact. The City will apply for a Drinking Water State Revolving Fund (DWSRF) grant to finance the construction of the project, including City connection impact charges. There are no funds allocated to the construction of the project at the time of this staff report. In the event the grant is not awarded, the project will not proceed. The estimated value of the DWSRF grant, if awarded, will be approximately $900,000.

Alternative Action
The City Council (Council) could choose to not approve staff’s recommendation and provide alternative direction to staff.

Background/Analysis
The Cascade Racquet Club Mutual Water Company (CRCMWC), Public Water System Identification No. CA4500012, was formed in the 1960s to provide water service to 28 residential parcels along Forest Hills Drive and Wimbledon Drive near the current Sun Oaks Tennis and Fitness Club. Due to the aging water system and lack of resources to operate a small water company, the CRCMWC has been in contact with the City to consolidate into the City’s water system.

MEETING DATE: November 7, 2023
ITEM NO. 4.11(b)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.11(b)-- Consolidation and Water Service Agreement with the Cascade Racquet Club Mutual Water Company; and Resolution authorizing the submittal of a grant application by the City of Redding to the State Water Resources Control Board Drinking Water State Revolving Fund
Chuck Aukland, Public
Works Director
Packet Pg. 425
Report to Redding City Council November 1, 2023
Re: 4.11(b)--Consolidation & Water Service Agreement Between CRCMWC and COR Page 2 The CRCMWC is located within the City limit and is surrounded by the City’s water service area. Many of the existing customers of the CRCMWC already have a City water main in the street in front of their homes. The DWSRF grant will finance the consolidation of the CRCMWC into the City’s Water Utility. The construction of 1,200 linear feet of new water main and 27 new service connections will allow the remaining parcels in the CRCMWC to be connected to the City’s water distribution system. Three (3) new fire hydrants will be installed to replace the existing under-sized ‘wharf’ style hydrants.

University Enterprises, Inc. (UEI), a California nonprofit public benefit corporation, was awarded a Proposition 1 Technical Assistance grant from the California State Water Resources Control Board (SWRCB) to provide funding to assist small disadvantaged communities to improve drinking water and wastewater systems. In September 2021, the CRCMWC obtained a Technical Assistance Work Plan from UEI and SWRCB to prepare a Construction Application for the preparation of the general, technical, environmental, and financial packages, as well as the plans and specifications documents necessary, per State guidelines, to connect CRCMWC to the City’s water system. PACE Engineering, also contracted with UEI, is preparing the general, technical, environmental, and financial packages for the construction application.

Since the new water mains, services, and meters will be part of the City’s water system and should be constructed to City standards and requirements, the City prepared the 90 percent plans and specifications documents for this construction project. The City has a subcontract with UEI and will be reimbursed for the cost of producing the plans and specifications.

If awarded, the City will be the recipient of the consolidation project financing and will bid the construction per our standard Public Works Bid process. Water Service Connection Impact Charges ($5,346 per parcel) will also be paid thru project financing. The estimated value of the DWSRF grant is $900,000. Construction is anticipated to begin in Summer 2024 with completion in 2025.

The agreement and resolution have 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. The agreement and resolution will allow the City, on behalf of the CRCMWC, to apply for financing for the construction of the consolidation project.

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.”
• 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
^Resolution
^Location Map
Agreement
Previous Staff Report
Packet Pg. 426
RESOLUTION NO. 2023-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING

AUTHORIZING DESIGNATED CITY OFFICIALS TO FILE A GRANT

APPLICATION, ACCEPTANCE, AND EXECUTION FOR FINANCIAL

ASSISTANCE FROM THE STATE WATER RESOURCES CONTROL

BOARD DRINKING WATER STATE REVOLVING FUND
WHEREAS, the City of Redding (“City”) proposes to apply for grant funding on behalf of the Cascade Racquet Club Mutual Water Company (CRCMWC) for the City of Redding & Cascade Racquet Club Mutual Water Company Consolidation Project (Project) from the State Water Resources Control Board Drinking Water State Revolving Fund; and
WHEREAS, the Cascade Racquet Club Mutual Water Company operates a water system which serves 27 parcels within the Cascade Racquet Club Estates Subdivision; and WHEREAS, the Cascade Racquet Club Estates Subdivision is located entirely within the jurisdictional limits of the City of Redding but is not served by its water utility; and WHEREAS, the State Water Resources Control Board has identified several problematic issues relating to water delivery by the Cascade Racquet Club Mutual Water Company to include: water production and consumption are unknown do to a lack of water meters; the water system does not have redundant or auxiliary water if the existing well fails; the existing water system infrastructure is at the end of its useful life; and there is no storage, emergency generator or well pump to adequately meet fire flow needs; and
WHEREAS, the City of Redding has the legal authority and is authorized to seek funding from the State of California to address the aforementioned deficiencies and enter into a funding agreement with the State of California for that purpose; and
WHEREAS, the City intends to finance the planning, design, construction, and associated fees of the Project with monies (the “Project Funds”) provided by the State of California, acting by and through the State Water Resources Control Board; and
WHEREAS, prior to the approval by the State Water Resources Control Board of the Project Funds, the City will not incur certain capital expenditures with respect to the Project from available monies of the City;
THEREFORE, BE IT RESOLVED by the City Council of the City of Redding as follows:

1. The Public Works Director (the “Authorized Representative”), or designee, is hereby authorized and directed to sign and file, for and on behalf of, the City of Redding, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the planning, design, construction, and associated fees of the Project;

2. The Authorized Representative, or designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto;
Packet Pg. 427 Attachment: ^Resolution (4.11(b)--Consolidation & Water Service Agreement Between CRCMWC and COR)

3. The Authorized Representative, or designee, is designated to represent the City of Redding in carrying out the City’s responsibilities under the financing agreement, including certifying disbursement requests on behalf of the City of Redding and compliance with applicable state and federal laws.

I HEREBY CERTIFY that the foregoing resolution was introduced at a regular meeting of the City Council of the City of Redding on the 7
th day of November, 2023, and was duly adopted at said meeting by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
_______________________________
MICHAEL DACQUISTO, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ _______________________________ SHARLENE TIPTON, City Clerk BARRY E. DeWALT, City Attorney Packet Pg. 428 Attachment: ^Resolution (4.11(b)--Consolidation & Water Service Agreement Between CRCMWC and COR)

CITY OF REDDING

LOCATION MAP

CASCADE RACQUET CLUB

PUBLIC WORKS MWC WATER MAIN PROJECT

DEPARTMENT
NEW
WATER
MAIN
CRCMWC

SERVICE AREA
Packet Pg. 429 Attachment: ^Location Map (4.11(b)--Consolidation & Water Service Agreement Between CRCMWC and COR) 1 CONSOLIDATION AND WATER SERVICE AGREEMENT BETWEEN THE

CASCADE RAQUET CLUB MUTUAL WATER COMPANY AND CITY OF REDDING This Agreement is made by and between the CITY OF REDDING (“City”) and CASCADE RAQUET CLUB MUTUAL WATER COMPANY (“Company”). City and Company are hereinafter sometimes collectively referred to as “Parties.”

RECITALS
A. Company holds title the property commonly referred to as CASCADE RAQUET CLUB MUTUAL WATER COMPANY, with the address of 3375 Forest Hills Drive, Redding, California, which is located inside the corporate limits of the City and within the limits of the County of Shasta, Assessor’s Parcel Number 110-310-006, and is shown on Exhibit “A” attached hereto and incorporated by reference (the “Property”). The Property is operated by the Company as a Mutual Water System (PWSID No. CA4500012) and provides water service to 27 parcels within the Cascade Racquet Club Estates Subdivision. The source of potable water for the Company is ground water from a well on the Property; and B. The State Water Resources Control Board (“State Board”) has determined that the water provided by the Company to its water system does comply with the drinking water standards; however water production and consumption are unknown due to the lack of meters; the water system does not have a redundant or auxiliary water should the existing well fail; the existing water system infrastructure is at the end of its useful life; there is no storage, emergency generator or a well pump to meet fire flow; and
C. In order to promote and protect the health and safety of the residents of the Company, the City is submitting an application for project funding with the State Board; and Packet Pg. 430 Attachment: Agreement (4.11(b)--Consolidation & Water Service Agreement Between CRCMWC and COR) 2 D. The City, on behalf of the Company, is eligible to apply for financing (“Financing”) with the State Board, which may include grants for small disadvantaged community drinking water system administration, planning and infrastructure improvements; and E. The Financing requires an agreement between the City and the Company that identifies the responsibilities and obligations of the Parties regarding the use of the Financing for the construction of the consolidation project and transfer to the City’s water system; and F. The Parties desire to enter into such an agreement.

AGREEMENT
Now, therefore the Parties hereby agree as follows:

1. Incorporation of Recitals. All of the above recitals are incorporated herein and the Parties acknowledge that the recitals are correct. All of the exhibits are incorporated herein by this reference as if fully set forth.

2. Financing. The City is authorized to act regarding any Financing received and to use the Financing for the planning, design, construction, and associated fees of the Project. City shall use all reasonable efforts to obtain the Financing and any associated grant; however, the decision to approve the Financing and any associated grant is made by the State Board and not the Company or City.

3. Project Construction. Provided that Financing is approved in the amount in the financing application and provided that sufficient funds as determined by the City and Company are received to construct the Project, City shall construct the Project and connect to a new City water service and provide potable water to the 27 remaining parcels within the Company’s Packet Pg. 431 Attachment: Agreement (4.11(b)--Consolidation & Water Service Agreement Between CRCMWC and COR) 3 water system. The Project will include approximately 1,200 linear feet of 8-inch waterline in Forest Hills Drive which will be transferred to City ownership when the project is completed and accepted by City.

4. Property Owner Costs. Property owners shall be subject to the City’s standard water rates and rules as other City water customers for the use of City water. City, using project Financing, shall pay City connection fee and all associated impact, encroachment, and administrative fees.

5. Consolidation. Upon completion of the Project and connection of the 27 remaining parcels within the Company’s water system to the City’s water service, Company agrees to surrender its water supply permit to the State Board, at which time the Company will cease operation of the existing Cascade Racquet Club Mutual Water Company water facilities as a public water system.

6. New Waterline. The City agrees to accept the waterline to be installed in the public right of way and to operate and maintain it for the useful life of the pipeline.

7. Onsite Improvements. In connecting City’s water service to each of the 27 remaining parcels within the Company’s water system, a meter acceptable to the City will be installed, and connected to the piping on each parcel (“Onsite Improvements”). These Onsite Improvements and metered connection will be paid for with the Financing. Once the Onsite Improvements have been constructed and installed and the City’s water service has been connected to each parcel, the property owner shall own and be responsible for the operation and maintenance of the Onsite Improvements. Notwithstanding the above, the meter will be owned and maintained by the City.

Packet Pg. 432 Attachment: Agreement (4.11(b)--Consolidation & Water Service Agreement Between CRCMWC and COR) 4 8. Existing Well. Upon completion of the Project and connection of City water to Company, Company shall not be allowed to use the existing well water for potable water purposes. As part of the project, the existing well on the property will be isolated and separated from the City’s water service providing potable water. Company shall have the option to continue to use the existing well for non-potable purposes, such as irrigation and fire protection purposes, in accordance with all applicable laws and regulations.

9. Binding on Successors. This Agreement shall be recorded with the Shasta County Recorder’s Office and shall be binding upon Company, its grantees, successors, assigns and lessees.

10. Attorney Fees. In the event that any litigation is commenced between the Parties to enforce the terms of this Agreement, the prevailing party in said litigation shall be entitled to litigation costs and reasonable attorney fees.

11. Termination Due to Failure to Gain Approvals. The Planning Phase will provide scope and funds to complete the CEQA process to the satisfaction of all parties. If any approvals or permits are not obtained, the project will not move into the construction phase and this Agreement will terminate with neither Party having liability to the other.

12. Waiver and Hold Harmless. Company hereby agrees, on behalf of itself and its shareholders, to waive all liability as against the City, its elected officials, officers and employees for any action brought due to the planning, construction and operation of the Project. Further, Company on behalf of its shareholders, hereby agrees as follows:

A. To the fullest extent permitted by law, Company 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 Packet Pg. 433 Attachment: Agreement (4.11(b)--Consolidation & Water Service Agreement Between CRCMWC and COR) 5 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 planning, construction, or operation of the Project, except when liability arises due to the sole negligence, active negligence or misconduct of the City. This obligation shall cover claims of all types including, but not limited to, actions in tort filed by third parties, actions in breach of contract, actions by shareholders of Company, and any other action in law or equity.

B. The Company’s obligation to defend, indemnify and hold harmless shall not be excused because of the Company’s inability to evaluate liability. Company 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 Company 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 Company 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 Company herein.

13. Notices. Any and all notices or other matters required or permitted by this Agreement or by law to be served on, given to, or delivered to either party by the other party to this Agreement shall be in writing and shall be deemed duly served, given, or delivered when personally delivered to the party to whom it is directed, or, in lieu of personal service, when deposited in the United States mail, first-class postage prepaid, addressed to:

Packet Pg. 434 Attachment: Agreement (4.11(b)--Consolidation & Water Service Agreement Between CRCMWC and COR) Packet Pg. 435
Attachment: Agreement (4.11(b)--Consolidation & Water Service Agreement Between CRCMWC and COR)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Authorize the City Manager to execute a subcontract between University Enterprises, Inc. and the City of Redding for Professional Engineering Services related to the Cascade Racquet Club Mutual Water Company’s consolidation into the City of Redding’s Water Utility.

Fiscal Impact
There is no fiscal impact. University Enterprises, Inc. (UEI) will provide compensation to the City of Redding (City) Public Works Department in an amount not to exceed $43,719 to perform professional engineering services and prepare 90% plans and specifications for the necessary water infrastructure to consolidate the Cascade Racquet Club Mutual Water Company into the City’s Water Utility.

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

Background/Analysis
The Cascade Racquet Club Mutual Water Company (CRCMWC), Public Water System Identification (PWSID) No. CA4500012, was formed in the 1960s to provide water service to 28 residential parcels along Forest Hills Drive and Wimbledon Drive near the current Sun Oaks Tennis and Fitness Club. Due to the aging water system and lack of resources to operate a small water company, the CRCMWC has been in contact with the City to consolidate into the City’s water system.

MEETING DATE: April 4, 2023
ITEM NO. 4.11(e)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.11(e)--Authorize the City Manager to Execute a Subcontract Between University Enterprises, Inc. and the City of Redding for Professional Engineering Services related to the Cascade Racquet Club Mutual Water Company Consolidation Chuck Aukland, Public
Works Director

APPROVED
Packet Pg. 436 Attachment: Previous Staff Report (4.11(b)--Consolidation & Water Service Agreement Between CRCMWC and COR) Report to Redding City Council March 28, 2023
Re: 4.11(e)--Subcontract Between University Enterprises, Inc.and COR Page 2 The CRCMWC is located within the City limit and is surrounded by the City’s water service area. Many of the existing customers of the CRCMWC already have a City water main in the street in front of their homes. Only 1,200 LF of new water main is needed to connect to the City’s system.

UEI, a California nonprofit public benefit corporation, was awarded a Proposition 1 Technical Assistance grant from the California State Water Resources Control Board (SWRCB) to provide funding to assist small disadvantaged communities to improve drinking water and wastewater systems. In September 2021, the CRCMWC obtained a Technical Assistance Work Plan from UEI and SWRCB to prepare a Drinking Water State Revolving Fund (DWSRF) Construction Application for the preparation of the general, technical, environmental, and financial packages, as well as the plans and specifications documents necessary, per State guidelines, to connect CRCMWC to the City’s water system. PACE Engineering, also contracted with UEI, is preparing the general, technical, environmental, and financial packages for the construction application. Since the new water mains, services, and meters will be part of the City’s water system and should be constructed to City standards and requirements, the City will prepare the 90% Plans and Specifications documents which is the subject of the attached subcontract.

If the construction application is approved by the SWRCB, the City will apply for a DWSRF grant to finance the construction of the project, including City connection impact fees. There are no funds allocated to the construction of the project at the time of this staff report; in the event the grant is not awarded, the project will not proceed. Staff will return to the Council at a future date to request authorization to apply for the grant funds.

The subcontract 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. The subcontract will allow the City to provide design and technical study information necessary to ensure environmental clearance as the project progresses.

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
^Cascade Racquet Club MWC Water Main- Location Map
Subcontract - UEI and COR

APPROVED
Packet Pg. 437 Attachment: Previous Staff Report (4.11(b)--Consolidation & Water Service Agreement Between CRCMWC and COR)

CITY OF REDDING LOCATION MAP CASCADE RACQUET CLUB PUBLIC WORKS MWC WATER MAIN PROJECT DEPARTMENT LOCATION PROJECT APPROVED Packet Pg. 438
Attachment: Previous Staff Report (4.11(b)--Consolidation & Water Service Agreement Between CRCMWC and COR) Subcontract #: 537811B

SUBCONTRACT BETWEEN
UNIVERSITY ENTERPRISES, INC.

AND

CITY OF REDDING, CALIFORNIA
Parties
This subcontract (“Subcontract”), dated for convenience this ___ day of March, 2023, is entered into by and between University Enterprises, Inc., a California nonprofit public benefit corporation organized and operating as an auxiliary organization serving California State University, Sacramento in accordance with California Education Code sections 89900, et seq. and Title 5 of the California of Regulations sections 42400, et seq. (“UEI”) and the City of Redding, California (“Contractor”). UEI and Contractor are hereinafter collectively referred to as the “Parties.”
Recitals
WHEREAS, UEI was awarded a Proposition 1 Technical Assistance grant from the California State Water Resources Control Board (the “Funding Agency”) under Agreement No. D1612806 originally executed on or about September 1, 2016, and thereafter amended (the “Funding Agreement”) to provide funding to be used by UEI to assist small, disadvantaged communities to improve their drinking water and wastewater systems (the “Project”); and WHEREAS, UEI administers grants and contracts benefiting California State University, Sacramento, and is authorized pursuant to Title 5 of the California Code of Regulations, section 42500(a)(7) to enter into subcontracts relating to the performance of responsibilities under the Funding Agreement; and
WHEREAS, all work required of UEI under the Funding Agreement shall be performed and/or overseen by the Office of Water Programs at California State University, Sacramento (“OWP”), though UEI remains solely responsible under the above-referenced funding agreements to ensure the proper performance of UEI’s obligations thereunder; and WHEREAS, UEI and Contractor wish to enter into this Subcontract for Contractor to perform certain professional services hereunder pursuant to Project Work Plan #6601-A in accordance with the terms and conditions of this Subcontract;
NOW THEREFORE, in consideration of the mutual agreements set forth herein and of the terms and conditions below, the Parties agree as follows:

Terms and Conditions

1. SERVICES.

In pursuit of the Project, Contractor will perform those professional services identified for Contractor to perform in, and generally described in, TA Work Plan 6571-B attached hereto 8 th

APPROVED
Packet Pg. 439 Attachment: Previous Staff Report (4.11(b)--Consolidation & Water Service Agreement Between CRCMWC and COR)

as Exhibit A and incorporated herein by this reference, and which professional services are more specifically described in the following: Contractor’s proposal dated December 13, 2021, attached hereto as Exhibit B and incorporated herein by this reference (the “Services”).

Contractor represents that: (i) it is qualified to undertake the Services, (ii) it possesses the means and resources required in order to perform the Services in compliance with the terms and conditions of this Subcontract, (iii) the Services will be performed in a manner consistent with that level of skill and care ordinarily exercised by other qualified professional consultants performing work of the type contemplated herein, and (iv) in the performance of the work and preparation of any report, findings, recommendations, or other work product developed by the Contractor pursuant hereto, Contractor will not violate the intellectual property rights of others.

2. TERM.

Subject to the provisions of section 15, the term of this Subcontract shall be from September 24, 2021, to November 30, 2023, except that UEI may unilaterally extend the expiration date (and final invoice date) of this Subcontract by providing written notice to Contractor of a new expiration date. Upon such notice, the new expiration date will be deemed to have been automatically incorporated herein as an amendment to this Subcontract.

3. FUNDING AGREEMENT.

This Subcontract is subject to, and Contractor shall comply with, all applicable terms and conditions of the Funding Agreement, which is attached hereto as Exhibit C and incorporated herein by this reference. Without limiting the foregoing, Contractor agrees to be bound to UEI with respect to the obligations contained in Funding Agreement to the same degree and in the same manner that UEI is so bound to the Funding Agency under the Funding Agreement. In the case of a direct conflict between any of the terms and conditions contained in the Funding Agreement and any of the terms and conditions contained in this Subcontract, the latter shall govern.

4. COMPENSATION.

This is a cost reimbursement agreement. In exchange for Contractor performing the Services in accordance with the terms and conditions of this Subcontract, UEI’s total obligation to Contractor under this Subcontract shall not exceed the sum of Forty-Three Thousand Seven Hundred Nineteen Dollars ($43,719). Contractor shall perform the Services in accordance with, and subject to the line-item limitations contained in Exhibit B (the “Budget”). Contractor shall invoice UEI no more frequently than monthly for the proportion of those Services actually performed. At no time shall the cumulative amount of all invoices issued by Contractor reflect a proportion of the above-referenced not-to-exceed amount that exceeds the proportion of the Services properly completed. All such invoices shall (a) reference this Subcontract number, (b) include an invoice number and date of the request, (c) contain the period covered by the invoice, (d) be itemized based on line items specified in the Budget, (e) contain supporting or back-up documentation for all amounts shown on the request, including all staff time shown by number of hours worked and hourly rate, and identify the proportion of the Services covered by the invoice as well as the total proportion of all of the Services cumulatively invoiced to date, and (f) be signed by Contractor’s

APPROVED
Packet Pg. 440 Attachment: Previous Staff Report (4.11(b)--Consolidation & Water Service Agreement Between CRCMWC and COR)

authorized financial representative or designee. The above-referenced not-to-exceed amount of Forty-Three Thousand Seven Hundred Nineteen Dollars ($43,719) is inclusive of all costs and expenses, including but not limited to travel and transportation costs and expenses, materials, equipment, overhead, taxes, and profit. Accordingly, Contractor shall not be entitled to reimbursement for travel and transportation time, or costs and/or expenses in addition to this not to exceed amount stated in this section 4. No work or travel outside the State of California is permitted under this Subcontract without prior UEI written authorization.

Except as otherwise provided herein, Contractor’s final invoice must be delivered to UEI within thirty (30) days after the completion of the Services but in no case later than December 29, 2023. Failure on the part of Contractor to comply with this deadline shall result in Contractor permanently waiving its right to any amounts included on such final invoice. The Parties agree that Services performed during the term of this Subcontract shall be performed under the provisions of this Subcontract and shall not entitle Contractor to any additional compensation. If, during the term of this Subcontract, UEI desires to retain Contractor to perform work or services determined by UEI to be new work or services not covered by this Subcontract, then a separate written agreement for new work or services must be executed by the Parties prior to performance of the new work or services.

Acceptance by Contractor of final payment under this Subcontract shall constitute a release of UEI from all claims and liability to the Contractor for payment hereunder, and for any additional compensation or payment relating to any and all things done or furnished in connection with this Subcontract. However, final payment shall in no way relieve Contractor of liability for its obligations, or for faulty, incomplete, or defective work, discovered after final payment.

5. INDEPENDENT CONTRACTOR.

Contractor and any and all agents and/or employees of Contractor shall perform the Services as an independent contractor using its own tools and equipment, and not as an officer, employee, or agent of UEI. Contractor shall set its own hours and shall control the manner and means of performing the Services, though UEI retains the right to oversee that Contractor’s performance of the Services complies with the requirements of this Subcontract.

Contractor warrants and represents that neither it nor any of its employees or agents is an employee of the CSU system, or any of its auxiliary organizations. Payments to Contractor hereunder will be reported to state and federal tax authorities as required by law and UEI will not pay or withhold federal, state, or local income tax (except as may be required by applicable law) or other payroll taxes of any kind in connection with such payments.

Contractor is independently responsible for payment of all applicable taxes.

6. DISCLAIMER OF RIGHTS.

As an independent contractor, Contractor expressly disclaims each and all of the following and promises not to make a claim against or sue UEI for any such matters at any future date.

The matters so disclaimed and waived are:

APPROVED
Packet Pg. 441 Attachment: Previous Staff Report (4.11(b)--Consolidation & Water Service Agreement Between CRCMWC and COR)

a. Any claim that Contractor (or any of its employees or agents) is or may become a probationary employee or an employee of any nature whatsoever of UEI, except when affirmatively so employed under a subsequent written contract; b. Any claim or assertion of a right to participate in UEI employee health and welfare benefit programs under the terms of this Subcontract;
c. Any claim or assertion of a right to paid sick leave, paid vacation leave, or an entitlement to a leave of absence under the terms of this Subcontract; and d. Any claim or assertion that Contractor is or may be entitled to a statement of or a hearing on the issue of the reason for termination of this Subcontract.

7. CONFLICT OF INTEREST.

Contractor, by execution of this Subcontract, warrants and covenants that no official or employee of UEI, nor any business entity in which an official of UEI has an interest, has been employed or retained or solicited or aided in the procurement of this Subcontract, nor will any such person be employed in the performance of this Subcontract without immediate divulgence of such fact to UEI and consent by UEI, which consent may be granted or withheld in UEI’s sole discretion.

8. SUBCONTRACTING; ASSIGNMENT.

Except as otherwise stated in this Subcontract, Contractor shall perform all services required on its part to be performed hereunder using only resources available within its own organization. No portion of the work shall be subcontracted nor right to payment assigned without the advance written approval of UEI, which may be granted or denied in UEI’s sole discretion.

Because this Subcontract is an agreement for the performance of professional services and because Contractor was chosen based on its expertise in performing such professional services, assignment of this Subcontract or attempted assignment of this Subcontract by Contractor without the advance written consent of UEI (which consent may be granted or withheld in UEI’s sole discretion) shall constitute a material breach of this Subcontract and entitle UEI to exercise any and all rights provided for by this Subcontract and/or by law for such material breach.

9. INDEMNIFICATION.

To the extent of Contractor’s fault, Contractor agrees to indemnify, defend and hold harmless UEI; OWP; the Funding Agency; the State of California; the Trustees of the California State University; California State University, Sacramento; and all of said entities’ officers, directors, agents and employees from and against any and all liabilities, losses, claims, suits, allegations, demands, damages, penalties, and/or costs, including without limitation litigation costs and attorneys’ fees, resulting from or arising out of the Contractor’s performance of this Subcontract. The provisions of this section 9 shall survive any expiration or termination of this Subcontract. In the case of any conflict between the provisions of this section 9 and indemnification obligations contained in the Funding Agreement, the provisions of this section 9 shall govern.

APPROVED
Packet Pg. 442 Attachment: Previous Staff Report (4.11(b)--Consolidation & Water Service Agreement Between CRCMWC and COR)

10. INSURANCE.

Contractor shall at its own cost and expense carry and maintain commercial general liability insurance protecting against bodily injury and property damage in a coverage amount of no less than Two Million Dollars ($2,000,000) combined single limit per occurrence. Such insurance policy shall be written on an “occurrence” basis, and not on a “claims made” basis, and shall be endorsed to name the following as additional insureds: UEI; OWP; the Funding Agency; the State of California; the Trustees of the California State University; California State University, Sacramento; and all of said entities’ employees, agents, directors, officers, and affiliates. Additionally, Contractor shall at its own cost and expense carry and maintain professional liability insurance covering claims including acts, errors, and omissions, arising out of the rendering of, or failure to render, professional services related to this Subcontract.

Such professional liability insurance shall have policy limits of no less than One Million Dollars ($1,000,000) per claim. Such professional liability insurance must be maintained, and evidence of such insurance must be provided, for at least three (3) years after completion or cessation of the Services. This requirement shall survive any expiration or termination of this Subcontract. All insurance policies referenced in this paragraph shall be provided by insurance carriers that are reasonably acceptable to UEI. Upon execution of this Subcontract, and thereafter upon renewal of each of the above-referenced insurance policies, Contractor shall provide UEI certificates of insurance and applicable policy endorsements demonstrating Contractor’s compliance with the provisions of this section 10. If Contractor is self-insured, upon execution of this Agreement, and thereafter upon any change in Contractor’s selfinsurance program or upon request of UEI, Contractor shall provide proof to UEI that Contractor’s self-insurance program provides coverage that meets or exceeds the types of insurance coverages and insurance coverage limits specified in this section 10.

11. COMPLIANCE WITH LAWS.

Contractor shall at its own cost and at all times during the term of this Subcontract comply with all applicable federal, state, and local laws.

12. RECORDS; RIGHT TO AUDIT.

Contractor shall retain all financial records, including but not limited to documents, reports, books, and accounting reports that pertain to any work or transaction performed pursuant to this Subcontract for a period of three (3) years after final payment under this Subcontract, unless a longer retention period is required in the Funding Agreement. As to Subcontractor’s books and records, UEI, Funding Agency, and any other governmental agencies mentioned in the Funding Agreement, shall have those audit rights specified in the Funding Agreement.

The provisions of this section 12 shall survive any termination or expiration of this Subcontract.

13. AMENDMENT.

Except as otherwise provided herein, this Subcontract may not be amended except in writing signed by both Parties. No amendment or change to any of the terms or conditions of this Subcontract shall be effective until executed by UEI’s Director of Sponsored Programs Administration. Any variance from any of the terms or conditions of this Subcontract by Contractor prior to the approval and execution of an amendment by UEI’s Director of

APPROVED
Packet Pg. 443 Attachment: Previous Staff Report (4.11(b)--Consolidation & Water Service Agreement Between CRCMWC and COR)

Sponsored Programs Administration shall be at Contractor’s own risk.

14. CONFLICTS.

In the case of conflicts between any of the terms and conditions contained in Exhibit B on the one hand, and any of the terms and conditions contained in this Subcontract (excluding Exhibit B) on the other hand, the latter shall govern.

15. TERMINATION.

This Subcontract may be terminated by UEI without cause and at no penalty, cost, or expense to UEI, upon thirty (30) days’ advance written notice to Contractor. If this Subcontract is terminated at any time during its term, Contractor shall, subject to the limitations of this Subcontract, be reimbursed for (i) all completed services rendered up to and including the day it received noticed of such termination, to the extent such services comply with the terms and conditions of this Subcontract, and (ii) all non-cancellable obligations in existence at the time that Contractor received notification of the termination of this Subcontract.

16. NOTIFICATION.

Any notice required or permitted hereunder shall be sent by a party hereto to the other via U.S. mail, postage prepaid and certified (with return receipt requested), by reliable overnight carrier, or by personal service, at the following addresses:

Contractor UEI
Josh Watkins, Water Utility Manager Monica Kauppinen, Director, Sponsored Prog.

City of Redding, Public Works Department University Enterprises, Inc.

P.O. Box 496071
Redding, CA 96049-6071
6000 J Street, MS 6111
Sacramento, CA 95819
If delivered via personal service, the notice shall be deemed effective upon such delivery. If delivered by reliable overnight carrier, such notice shall be deemed effective one (1) day after deposit with such carrier, properly addressed and postage prepaid. If delivered via certified mail, such notice shall be deemed effective as of the earlier of (i) three (3) days after deposit in the U.S. mail, properly addressed, postage prepaid, certified with return receipt requested, or (ii) the date of acceptance of delivery as evidenced by the date of the signature on the return receipt. Either party may change its address by giving written notice to the other pursuant to the provisions of this section 16.

17. ENTIRE AGREEMENT.

This Subcontract and all attachments hereto constitute the entire understanding between the Parties on the subject matter specified herein. There are no other understandings, agreements, representations, or warranties, express or implied, that are not specified in this Subcontract.

Contractor, by execution of this Subcontract, acknowledges that Contractor has read this Subcontract, understands the Subcontract, and agrees to be bound by its terms and conditions.

18. APPLICABLE LAW, JURISDICTION AND VENUE.

This Subcontract shall be construed pursuant to California law, excluding its choice of

APPROVED
Packet Pg. 444 Attachment: Previous Staff Report (4.11(b)--Consolidation & Water Service Agreement Between CRCMWC and COR)

law provisions. The Parties to this Subcontract agree that any dispute which may arise between them in connection with this Subcontract shall be adjudicated before a federal or state court located in Sacramento County, California, and they hereby irrevocably and exclusively submit to the personal jurisdiction of such federal and state courts located in Sacramento County, California with respect to any action or legal proceeding commenced by any party. The Parties irrevocably waive any objection they now or hereafter may have respecting the venue of any such action or proceeding brought in such a court or respecting the fact that such court is an inconvenient forum.

19. ATTORNEYS’ FEES.

If any legal action, arbitration, or other proceeding, is brought for the enforcement of this Subcontract, or because of an alleged dispute, breach, or default in connection with any of the provisions of this Subcontract, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party may be entitled.

20. AUTHORIZATION.

Each person executing this Subcontract represents that the execution of this Subcontract has been duly authorized by the party on whose behalf the person is signing and that such person is authorized to execute the Subcontract on behalf of such party.

21. ELECTRONIC SIGNATURES.

Each party agrees that this Subcontract and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Subcontract or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

The Parties agree to the foregoing terms and conditions.

CONTRACTOR

CITY OF REDDING
UEI
UNIVERSITY ENTERPRISES, INC.

By: ______________________________ By: ____________________________ Barry Tippin, City Manager Monica F. Kauppinen, Director Sponsored Programs Administration
Tax ID #: __94-6000401__________
Date: Date:

APPROVED
Packet Pg. 445 Attachment: Previous Staff Report (4.11(b)--Consolidation & Water Service Agreement Between CRCMWC and COR)

TECHNICAL ASSISTANCE (TA) WORK PLAN
UNIVERSITY ENTERPRISES, INC. (UEI)
AND

CALIFORNIA STATE WATER RESOURCES CONTROL BOARD

SAFE AND AFFORDABLE FUNDING FOR EQUITY AND RESILIENCE (SAFER)

DRINKING WATER PROGRAM TECHNICAL ASSISTANCE (PROJECT)
AGREEMENT NUMBER (NO.) D19-17008
AMENDED TA WORK PLAN NO. 6571-AB
TA START DATE: SEPTEMBER 24, 2021
AMOUNT: $ 112,374
Whereas through the passage of various bond acts, including Proposition 1 in November 2014 and Senate Bill 200 in July 2019, the State Water Resources Control Board (State Water Board) is authorized to make available certain general obligation bond proceeds (GO Bond Proceeds) and Safe and Affordable Drinking Water Funds (SADW Funds) for projects meeting certain criteria; and Whereas the State Water Board has determined that this Project is eligible for certain GO Bond Proceeds and/or SADW Funds;
Therefore, the parties hereby amend the Agreement, originally executed on April 14, 2021, and incorporated herein, to add:

AMENDED TA WORK PLAN NO. 6571-AB (65 pages attached) ** ** Entire Exhibit added to replace TA work plan No. 6571-A (executed April 27, 2022)
All other terms and conditions shall remain the same.

RECIPIENT:

By:

Name:Monica F. Kauppinen
Title: Director, Sponsored Programs Administration
Date:

STATE WATER RESOURCES CONTROL BOARD:

By:

Name: Joe Karkoski
Title: Deputy Director, Division of Financial Assistance Date: 1/19/23

APPROVED

EXHIBIT A
Packet Pg. 446 Attachment: Previous Staff Report (4.11(b)--Consolidation & Water Service Agreement Between CRCMWC and COR) Amended Work Plan No. 6571-AB Page 1 of 6 Rev. 03/24/21 Technical Assistance (TA) Work Plan TA Type: Drinking Water Wastewater Storm Water Groundwater Grant Agreement No. D19-17008 TA Start Date: September 24, 2021 TA Recipient(s): Cascade Racquet Club Mutual Water, PWSID No. CA4500012 Community/System Information: Population Served: 89 (Drinking Water Watch Site 2021) Number of Connections: 27 (Drinking Water Watch Site 2021) Median Household Income (MHI): $74,432 (2015-19 American Community Survey) Community/System Contact(s): Mark Christ, Board President, Cascade Racquet Club Mutual Water, [email protected], 530-722-5738 Additional Community/ System Contact: Amended Work Plan No.: 6561-AB Work Plan Title: Drinking Water State Revolving Fund (DWSRF) Construction Financing Application Assistance Amended Work Plan Submittal Date: February 2, 2022 October 3, 2022 A. Technical Assistance Details Water System Description: The Cascade Racquet Club Mutual Water (CRC Mutual), PWSID No. CA4500012, is located within the City of Redding (COR) water system boundaries, at the corner of Forest Hills and Wimbledon streets. The CRC Mutual has 27 connections, all of which are residential. The source of water is a single groundwater well, and the water system includes a 1,500-gallon pressure tank and a distribution system. Current and Past Compliance Issues: The aging water system infrastructure is coming to the end of its useful life. Both the well and 1,500-gallon pressure tank are 60 years old and are degrading. The system also lacks adequate storage capacity and financial resources required for long-term sustainability. There are no current enforcement actions issued to CRC Mutual.

APPROVED
Packet Pg. 447
Attachment: Previous Staff Report (4.11(b)--Consolidation & Water Service Agreement Between CRCMWC Amended Work Plan No. 6571-AB Page 2 of 6 Rev. 03/24/21 Need for Technical Assistance: The CRC Mutual has been in contact with the COR and both are in agreement to consolidate the CRC Mutual into the COR. The COR has already prepared several documents that can assist in the construction application, including 30% Plans, a construction cost estimate and a CEQA Conditional Exemption form. The scope of the project includes the following task: Drinking Water State Revolving Fund (DWSRF) Construction Application – Preparation of the General, Technical, Environmental and Financial Packages, per the State Water Board Division of Financial Assistance (DFA) guidelines. The content of these four Packages are described on the DFA website and include various engineering, environmental compliance, and related tasks to complete the application. Other TA Providers: No other TA providers are currently involved in TA efforts for this system. Reason for Work Plan Amendment B: This Work Plan Amendment is for a time extension only. The time extension is needed as a result of the length of the negotiation time on an agreement between the City of Redding and UEI, to compensate the City for their time associated with developing the Plans and Specifications, is taking longer than anticipated. B. Summary of Proposed Deliverables and Activities No. Task Notes and Details Regarding Related Activities Lead TA Provider staff/consultant(s) Deliverable & Due Date Budget1 1 Needs Assessment and Work Plan Hold kickoff meeting and prepare meeting notes Identify scope, deliverables, schedule, and budget; solicit and review proposals from team members. Prepare work plan Sacramento State Office of Water Programs (OWP): Randy Marx Completed $ 6,439 2 DWSRF Construction Financing Application: General Package Prepare General Package. PACE: Tom Warnock General Package – 4/15/2022 11/4/2023 $ 4,572

APPROVED
Packet Pg. 448
Attachment: Previous Staff Report (4.11(b)--Consolidation & Water Service Agreement Between CRCMWC Amended Work Plan No. 6571-AB Page
3 of
6 Rev. 03/24/21 No. Task Notes and Details Regarding Related Activities Lead TA Provider staff/consultant(s) Deliverable & Due Date Budget1 3 DWSRF Construction Financing Application: Technical Package Technical Memorandum Prepare draft and final Technical Memorandum (TM), per DFA guidelines, and meeting COR requirements. Develop all above documents in accordance with the Water Board’s DWSRF construction financing application guidance. PACE: Tom Warnock Technical Memorandum Draft- 4/30/2022 Completed on 10/15/2022 Final- 5/15/2022 5/15/2023 $ 9,908 4 90% Plans and Specs Prepare 90% Plans and Specifications, per DFA guidelines, and meeting COR requirements. City of Redding: Josh Watkins 90% Plans and Specs -5/15/2022 3/15/2023 $ 43,719 5 Technical Package Compile the above documents and complete a Technical Package. PACE: Tom Warnock Technical Package4/15/23 6/15/2023 $ 11,120 6 DWSRF Construction Financing Application: Environmental Package 6a) Copy of CEQA documents filed with the State Clearinghouse and the County Clerk’s office 6b) Environmental Package Prepare CEQA documentation as appropriate (no Federal Cross Cutters required) File CEQA documents with the State Clearinghouse and County Clerk’s Office. Prepare and submit all final California Environmental Quality Act (CEQA) documents and notices for the Selected Construction Project to the Governor’s Office of Planning and Research, State Clearinghouse. A copy of all such CEQA documents and notices shall also be sent to Division of Financial Assistance. For further guidance contact the Drinking Water Environmental Review Unit Staff. Recipient shall prepare an analysis of environmental alternatives memo for construction projects that are not exempt from CEQA. The analysis of environmental alternatives memo shall discuss the following: PACE: Tom Warnock 6a) Copy of CEQA documents filed with the State Clearinghouse and the County Clerk’s office- 6/15/2022 6/15/2023 6b) Environmental Package – 6/15/2022 6/15/2023 $ 7,500

APPROVED
Packet Pg. 449
Attachment: Previous Staff Report (4.11(b)--Consolidation & Water Service Agreement Between CRCMWC Amended Work Plan No. 6571-AB Page 4 of 6 Rev. 03/24/21 No. Task Notes and Details Regarding Related Activities Lead TA Provider staff/consultant(s) Deliverable & Due Date Budget1 o A “no project/no action” alternative. o Comparative analysis among the alternatives that includes discussions of beneficial and adverse impacts on the existing environmental, future environmental, and individual sensitive environmental issues associated with the project. o Analysis of direct, indirect, and cumulative impacts on sensitive environmental resources, if applicable. o Appropriate mitigation measures to mitigate adverse impacts, if appropriate. o Thorough discussion of the rationale for selection of the chosen alternative for the project. For certain projects covered under a Negative Declaration or Mitigated Negative Declaration it may be appropriate to limit analysis of environmental alternatives to a “no project/no action” alternative and the selected project. For further guidance contact the Drinking Water Environmental Review Unit Staff. Complete Environmental Package. 7 DWSRF Construction Financing Application: Financial Security Package Financing Package Prepare DWSRF Construction Financing Application Financial Security Package. OWP: Dakota Keene Financial Package – 5/15/2022 12/31/2022 $ 2,898

APPROVED
Packet Pg. 450
Attachment: Previous Staff Report (4.11(b)--Consolidation & Water Service Agreement Between CRCMWC Amended Work Plan No. 6571-AB Page 5 of 6 Rev. 03/24/21 No. Task Notes and Details Regarding Related Activities Lead TA Provider staff/consultant(s) Deliverable & Due Date Budget1 8 Project Management Provide project management services o Oversight of TA team o Coordinate conference calls and meetings o Ensure quality of deliverables o Upload materials to FAAST as needed o Execute Work Plan o Serve as primary point of contact Monitor project scope, schedule, & budget OWP: Anne Kernkamp Randy Marx 7/15/2022 11/30/2023 $ 13,334 9 Provide Post- Application Support Assist with any follow up items on the application after submission, including assistance with the construction financing agreement. OWP: Anne Kernkamp Randy Marx Deliverable to be Determined- 9/30/2022 10/15/2023 $ 2,668 C. Total Budget (direct costs, including fringe) 1 Budget Category Total Amount Requested Personnel $ 25,339 Expenses and Supplies $ 0 Equipment (>$5,000) $ 0 Travel $ 0 Professional and Consultant Services $ 76,819 Contingency2 (10%) $ 10,216 Total Costs $ 112,374 1 Costs may be shifted between line items upon written approval from the State Water Board Project Manager. Any costs exceeding the total amount requested will require an amendment to this work plan. 2 Use of contingency budget will require written approval from the State Water Board Supervising Engineer. Budget Assumptions: None.

APPROVED
Packet Pg. 451
Attachment: Previous Staff Report (4.11(b)--Consolidation & Water Service Agreement Between CRCMWC Amended Work Plan No. 6571-AB Page 6 of 6 Rev. 03/24/21 D. California Environmental Quality Act (CEQA) Certification Please indicate if all the work you will implement in connection with this work plan is consistent with one of the following CEQA exemptions: Feasibility and planning studies with no ground disturbing activities (Cal. Code Regs., Tit. 14, § 15262) Includes information collection via pilot studies, test wells, boreholes, etc. (Cal. Code Regs., Tit. 14, § 15306) If proposed work includes ground disturbing activities in an area(s) with a potential for environmental impacts, including riparian habitat, wetland, endangered species habitat or sensitive cultural resources areas, you must notify your State Water Board Project Manager of the nature and scope of such work and receive approval prior to commencing ground disturbing activities.

APPROVED
Packet Pg. 452
Attachment: Previous Staff Report (4.11(b)--Consolidation & Water Service Agreement Between CRCMWC

CITY OF REDDING

PUBLIC WORKS ENGINEERING
Proposed Fee and Billing Rates for Engineering Services Cascade Racquet Club MWC Water improvements Project
Hours and Fee
City of Redding Staff 2022 hrs fee hrs fee hrs fee
Title Hourly Rate
Project Coordinator $293.71 2 $587 $0 6 $1,762
Associate Civil Engineer $195.71 10 $1,957 8 $1,566 84 $16,440 Assistant Engineer $218.76 $0 $0 12 $2,625
Engineer Tech II $165.42 $0 8 $1,323 84 $13,895
Env. Compliance Manager $169.84 $0 $0 $0
City Surveyor $200.81 $0 2 $402 1 $201
Survey Party Chief $118.24 $0 12 $1,419 $0
Assistant Surveyor $85.65 $0 16 $1,370 2 $171
Expenses:

Bid Advertise in Record Searchlight
Task Totals 12 $2,545 46 $6,080 189 $35,094
Note: Costs for final design, design services during bid & construction periods, and construction management not included. 247
Fee
$43,719
Project Total
Hours
Project
Management
Task 1 Task 2
Data Review and
Topographic Survey
Task 3
90% Design
Prepared By: Kurt Maire, PE
Date: 12/13/2021

EXHIBIT B

APPROVED
Packet Pg. 453 Attachment: Previous Staff Report (4.11(b)--Consolidation & Water Service Agreement Between CRCMWC PROPOSITION 1
TECHN[CAl ASSISTANCE

UNIVERSITY ENTERPRISES, INC,
AND

CALIFORNIA STATE WATER RESOURCES CONTROL BOARD
Water Boards ...... '"" "'-' ,--,.-,--""'"" ..... , .. ,,._ """' "'"" ""'

TECHNICAL ASSISTANCE GRANT

DRINKING WATER AND WASTEWATER TECHNICAL ASSISTANCE AND OUTREACH AGREEMENT No. D1612806
AMOUNT: $7,000,000
ELIGIBLE START DATE: September 1, 2016
WORK COMPLETION DATE: August 31, 2019
FINAL DISBURSEMENT REQUEST DATE: November 30, 2019
RECORDS RETENTION TERM END DATE: August 31, 2055

EXHIBIT C

FUNDING

AGREEMENT

APPROVED
Packet Pg. 454 Attachment: Previous Staff Report (4.11(b)--Consolidation & Water Service Agreement Between CRCMWC and COR)

WHEREAS,
University Enterprises, Inc.

Agreement No. D1612806

1. The State Water Board is authorized to provide funding under this Agreement pursuant to the following:
• Proposition 1 Small Community Grants and Drinking Water - Section 79720-79725 of the Water Code (Prop 1)

2. The State Water Board determines eligibility for financial assistance, determines a reasonab.le schedule for providing financial assistance; establishes compliance with the Prop 1, and establishes the terms and conditions of a funding agreement.

3. The Recipient has applied to the State Water Board for funding for the Project described in Exhibit A of this Agreement and the State Water Board has selected the application for funding through a competitive process.

4. The State Water Board proposes to assist in funding the costs of the Project, ,md the Recipient desires to participate as a recipient of financial assistance from the State Water Board, upon the terms and conditions set forth in this Agreement, all pursuant to Prop 1; NOW, THEREFORE, in consideration of the premises, mutual representations, covenants and agreements in this Agreement, the State Water Board and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows:

1. Definitions.

Unless otherwise specified, each capitalized term used in this Agreement has the following meaning:
"Agreement" means this Grant, including all exhibits and attachments hereto. "Authorized Representative" means the duly appointed representative· of the Recipient as set forth in the certified original of the Recipient's authorizing resolution that designates the authorized representative by title.
"Days" means calendar days unless otherwise expressly indicated. "Disbursement Period" means the period during which Project Funds may be disbursed. "Division" means the Division of Financial Assistance of the State Water Board or any other segment of the State Water Board authorized to administer the funding program(s) set forth in Section 1. "Eligible Start Date" means the date set forth in Exhibit B, establishing the date on or after which Project Costs may be incurred and eligible for reimbursement hereunder. "Final Disbursement Request Date" means the date established in Exhibit B, after which date, no further Project Funds disbursements may be requested.
"Fiscal Year" means the period of twelve (12) months terminating on June 30 of any year. "Force Account" means the use of the Recipient's own employees or resources for the Project. "GAAP" means generally accepted accounting principles, as issued by the Governmental Accounting Standards Board.

APPROVED
Packet Pg. 455 Attachment: Previous Staff Report (4.11(b)--Consolidation & Water Service Agreement Between CRCMWC and COR) University Enterprises, Inc.

Agreement No. 01612806

"Grant Manager" means the person designated by the State Water Board to manage performance of the Agreement. The Grant Manager is set forth in Section 2 of this agreement. "Indirect Costs" means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the Project (i.e., costs that are not directly related to the Project).
"Party Contact" means, for the Recipient, the Authorized Representative of the Recipient or any designee of the Authorized Representative, and, for the State Water Board, the Grant Manager, or the Program Analyst.
"Policy" means the Proposition 1 Technical Assistance Funding Plan, as amended from time to time. "Project" means the Project as described in Exhibit A and in the documents incorporated by reference. "Project Completion" means, as determined by the Division, that the Project is complete to the reasonable satisfaction of the Division and is the last date on which Project Costs may be incurred. Work occurring after Project Completion is not eligible for reimbursement under this Agreement. "Project Costs" means the incurred costs of the Recipient which are eligible under this Agreement, which are allowable costs as defined under the Policy, and which are reasonable, necessary and allocable by the Recipient to the Project under GAAP.
"Project Director" mean.s an employee of the Recipient designated by the Authorized Representative to be responsible for the overall management of the administrative and technical aspects of the executed Agreement. The Project Director is set forth in Section 2 of this Agreement. "Project Funds" means funds disbursed by the State Water Board to the Recipient for purposes of this Agreement.
"Recipient" means University Enterprises, Inc.
"Regional Water Quality Control Board" or "Regional Water Board" means the appropriate Regional Water Quality Control Board.
"State" means State of California.
"State Water Board" means the State Water Resources Control Board, an administrative and regulatory agency of the State of California.
"Technical Assistance Recipient" means the small disadvantaged community or communities identified in the Work Plan(s).
"Work Completion" means the Recipient's submittal of all work set forth under Exhibit A for review and approval by the Division. The Division may require corrective work to be performed prior to Project Completion.
"Work Completion Date" means the date set forth in Exhibit A that is the last date on which all work or submittals in Exhibit A must be achieved.
"Year" means calendar year unless otherwise expressly indicated.

APPROVED
Packet Pg. 456 Attachment: Previous Staff Report (4.11(b)--Consolidation & Water Service Agreement Between CRCMWC and COR)

2. Party Contacts.

University Enterprises, Inc.

Agreement No. D1612806

The Party Contacts during the term of this Agreement are:

State Water Board Recipient
Section: Office of Sustainable Water Solutions
Name: Diana Conkle, Grant Manaaer Name: Monica Kaunninen, Proiect Director Address: 1001 I street Address: 6000 J Street,
Bookstore Buildina, Suite 3400
City, State, Zip: Sacramento, CA, 95814 Citv, State, Zio: Sacramento, CA, 95819-6111 Phone: /916) 341-5660 Phone: /916) 278-7380
Fax: /916) 341-5707 Fax: /916) 278-4886
Email: [email protected] Email: [email protected] The Recipient may change its Project Director upon written notice to the Grant Manager, which notice shall be accompanied by authorization from the Recipient's Authorized Representative. The State Water Board will notify the Project Director of any changes to its Party Contacts.

3., Exhibits and Appendices Incorporated.

The following exhibits and appendices to this Agreement, including any amendments and supplements h·ereto, are hereby incorporated herein and made a part of this Agreement:

EXHIBIT A- SCOPE OF WORK

EXHIBIT B - FUNDING PROVISIONS

EXHIBIT C - STANDARD TERMS AND CONDITIONS

EXHIBIT D - SPECIAL CONDITIONS

4. Recipient Representations and Commitments.

The Recipient represents, warrants, and commits to the following as of the date signed by the Recipient and continuing thereafter for the tenn of the Agreement:
(a) General Commitments. The Recipient accepts and agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and commitments made by the Recipient in its application, accompanying documents, and communications filed in support of its request for financial assistance and throughout the term of this Agreement. (b) Authorization and Validity. The execution and delivery of this Agreement, including all incorporated documents, has been duly authorized. This Agreement constitutes a valid and binding obligation of the Recipient, enforceable in accordance with its terms, except as such enforcement may be limited by law.
(c) No Violations. The execution, delivery, and performance by Recipient of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date set forth on the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other instrument to which Recipient is a party or by wihich Recipient is bound as of the date set forth on the first page hereof. (d) No Litigation. There are no pending or, to Recipient's knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which affect the financial condition or operations of the Recipient and/or the Project.

APPROVED
Packet Pg. 457 Attachment: Previous Staff Report (4.11(b)--Consolidation & Water Service Agreement Between CRCMWC and COR) University Enterprises, Inc.

Agreement No. D1612806

(e) Solvency. None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of Recipient. As of the date set forth on the first page hereof, Recipient is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. Recipient is able to pay its debts as they become due.
(f) Legal Status and Eligibility. Recipient is duly organized and existing and in good standing under the laws of the State of California, and will remain so during the term of this Agreement.

Recipient shall at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority. Recipient shall maintain its eligibility for funding under this Agreement for the term of this Agreement.
(g) Good Standing. The Recipient is currently in compliance with the state requirements set forth in Exhibit C. Within the preceding ten years, the Recipient has not failed to demonstrate compliance with previous state audit disallowances.
(h) Insurance. Recipient maintains sufficient insurance coverage considering the scope of this Agreement, including, for example, but not necessarily limited to, General Liability, Automobile Liability, Worker's Compensation and Employer's Liability, Professional Liability.

5. Project Completion .
. The Recipient shall expeditiously proceed with and complete the Project in accordance with this Agreement.

6. Notice.
(a) The Recipient shall notify the Division in writing within five (5) working days of the occurrence of the following:
(1) Bankruptcy, insolvency, receivership or similar event of the Recipient; (2) Actions taken pursuant to state law in anticipation of filing for bankruptcy; (b) The Recipient shall notify the Division within 10 working days of the following:
(1) Any litigation pending or threatened against Recipient regarding its continued existence, consideration of dissolution, or disincorporation;
(c) The Recipient shall notify the Division promptly of the following:
(1) Any proposed change in scope of the Project. Most changes will require an amendment to this Agreement;
(2) Cessation of work on the Project where such cessation of work is expected to or does extend for a period of thirty (30) days or more;
(3) Any circumstance, combination of circumstances, or condition, which is expected to or does delay Work Completion for a period of ninety (90) days or more beyond the estimated date previously provided to the Division;
(4) Any monitoring activities such that the State Water Board and/or Regional Water Quality Control Board staff may observe and document such activities;

APPROVED
Packet Pg. 458 Attachment: Previous Staff Report (4.11(b)--Consolidation & Water Service Agreement Between CRCMWC and COR) University Enterprises, Inc.

Agreement No. 01612806

(5) Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by state representatives with at least ten (10) working days' notice to the Division; or (6) Work Completion, and Project Completion.

7. No Obligation of the State; State Budget Act Contingency.

Any obligation of the State Water Board herein contained shall not be an obligation, debt, or liability of the State and any such obligation shall be payable solely out of the moneys appropriated by the State Legislature to the State Water Board from the special fund associated with this Agreement.

If the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of the State Water Board to make any payments under this Agreement. In this event, the State shall have no liability to pay any funds whatsoever to Recipient or to furnish any other considerations under this Agreement and Recipient shall not be obligated to perform any provisions of this Agreement. Nothing in this Agreement shall be construed to provide the Recipient with a right of priority for payment over any other recipient.

If this Agreement's funding for any Fiscal Year is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an Agreement amendment to the Recipient to reflect the reduced amount.

APPROVED
Packet Pg. 459 Attachment: Previous Staff Report (4.11(b)--Consolidation & Water Service Agreement Between CRCMWC and COR) University Enterprises, Inc.

Agreement No. D1612806

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

UNIVERSITY ENTERPRISES, INC.:

Name: Monica Kalippinen
Title: Director
Sponsored Programs Administration
l O / 2--.0/2_.o I b
Date: ----+----+--------- ' I

STATE WATER RESOURCES CONTROL BO
Name: Darrin Polhemus
Title: Deputy Director
Division of Financial Assistance

APPROVED
Packet Pg. 460 Attachment: Previous Staff Report (4.11(b)--Consolidation & Water Service Agreement Between CRCMWC and COR)

EXHIBIT A- SCOPE OF WORK
A.1 Completion Dates.

University Enterprises, Inc.

Agreement No. 01612806