CITY OF WEST SACRAMENTO CITY COUNCIL AND
WEST SACRAMENTO REDEVELOPMENT AGENCY AND
WEST SACRAMENTO FINANCING AUTHORITY
City Council Regular Meeting
OCTOBER 19, 2022 AGENDA
Martha Guerrero, Mayor
Quirina Orozco, Mayor Pro Tem
Norma Alcala, Council Member
Christopher T. Ledesma, Council Member
Dawnté Early, Council Member
Aaron Laurel, City Manager
Jeffrey Mitchell, City Attorney
6:00 PM Closed Session Call to Order
7:00 PM Regular Meeting Call to Order
Pledge of Allegiance
Land Acknowledgment
The meeting will be held at City Hall, City Council Chambers, 1110 West Capitol Avenue, West Sacramento
GENERAL ADMINISTRATION FUNCTION – PART I
1. PRESENTATIONS BY THE PUBLIC ON MATTERS NOT ON THE AGENDA WITHIN THE
JURISDICTION OF THE COUNCIL
The Council is prohibited from discussing issues not on the agenda brought to them at this time.
According to State Law (the Brown Act), items must first be noticed on the agenda before any discussion or action.
PRESENTATIONS
2. City Manager's Office
CONSIDERATION OF PROCLAMATION RECOGNIZING SENATOR RICHARD PAN FOR HIS
SERVICE TO THE CITIZENS OF WEST SACRAMENTO
Objective: The purpose of this report and proclamation is to recognize Senator Richard Pan for his term in the California State Senate and for his dedicated representation of the people of West Sacramento.
3. City Manager's Office
CONSIDERATION OF PROCLAMATION RECOGNIZING JEFF SAVAGE FOR HIS YEARS IN
MANAGEMENT OF THE SACRAMENTO RIVER CATS
Objective: The purpose of this report and proclamation is to recognize Jeff Savage for his tenure in executive management of the Sacramento River Cats and his committed partnership with the City of West Sacramento.
Anyone wishing to address the Council, or any agenda item, may fill out the Request to Speak card and present it to the City Clerk prior to the completion of staff presentation. Items on the Consent Agenda will be considered in one motion and the Request to Speak card should be turned in prior to the first item on Consent.
1 4. Police
PRESENTATION OF PROCLAMATION RECOGNIZING OCTOBER 2022 AS DOMESTIC
VIOLENCE AWARENESS MONTH
Objective: The purpose of this proclamation is to recognize October 2022 as Domestic Violence Awareness Month to provide awareness about the need to support victims of all types of domestic violence as well as the programs that serve them locally in our community.
CONSENT AGENDA
5. Capital Projects
CONSIDERATION OF CONTRACT AMENDMENT 6 FOR PROFESSIONAL SERVICES WITH WOOD RODGERS, INC. FOR THE RIVERFRONT STREET EXTENSION AND 5TH STREET WIDENING PROJECT (CIP 15032)
Objective: The objective of this report is to provide the City Council with sufficient information to approve Amendment 6 of the professional services contract with Wood Rodgers, Inc. for design and engineering support services through the construction phase of the Riverfront Street Extension and 5th Street Widening Project (CIP 15032).
6. Capital Projects
CONSIDERATION OF CONTRACT AWARD TO DOMENICHELLI AND ASSOCIATES, INC FOR
PROFESSIONAL SERVICES FOR THE RIVERWALK TRAIL SOUTH EXTENSION PROJECT (CIP 15131)
Objective: The objective of this report is to provide the City Council with sufficient information to award a professional services contract to Domenichelli and Associates, Inc. for project management services for the Riverwalk Trail South Extension Project (CIP 15131).
7. Community Development
CONSIDERATION OF RESOLUTION 22-126 REQUESTING AUTHORIZATION TO EXECUTE AND SUBMIT FISCAL YEAR 2022/23 TRANSPORTATION DEVELOPMENT ACT (TDA) CLAIM
TO THE SACRAMENTO AREA COUNCIL OF GOVERNMENTS
Objective: This report's purpose is to request City Council authorization to execute and submit the 2022/2023 Transportation Development Act (TDA) Claim to the Sacramento Area Council of Governments.
8. Community Development
CONSIDERATION OF FIRST READING OF ORDINANCE 22-20 AMENDING CHAPTER 15.12 AND REPEALING AND RE-ENACTING CHAPTER 15.14 OF THE CITY OF WEST SACRAMENTO MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2022 CALIFORNIA
BUILDING STANDARDS CODE WITH LOCAL AMENDMENTS
Objective: The objective of this report is for City Council to conduct the first reading of Ordinance 22-20 which would amend Chapter 15.12 and repeal and enact Chapter 15.14 of the City of West Sacramento Municipal Code, to incorporate the 2022 California Building Standards and local amendments.
9. Community Development
CONSIDERATION OF AWARD OF A PROFESSIONAL SERVICES CONTRACT TO GHD, INC.
FOR DEVELOPMENT OF THE SACRAMENTO AVENUE COMPLETE STREETS CORRIDOR 2 IMPROVEMENT PLAN (CIP 10048) AND ADOPTION OF RESOLUTION 22-129 APPROVING
RELATED BUDGET ADJUSTMENTS
Objective: The purpose of this report is to provide the City Council with sufficient information for it to approve the award of a professional services contract for the detailed planning, design, outreach, and administrative support of the Sacramento Avenue Complete Streets Corridor Improvement Plan (CIP 10048).
10. Community Development
CONSIDERATION OF A REAPPOINTMENT TO THE YOLO HABITAT IMPLEMENTATION
ADVISORY COMMISSION
Objective: This item concerns consideration of an approval by the City Council for a reappointment to fill a position on the Yolo Habitat Implementation Advisory Commission.
11. Community Development
CONSIDERATION OF APPROVAL FOR PRE-QUALIFIED ON-CALL LIST OF CONSULTANTS
FOR ENVIRONMENTAL AND CONTRACT PLANNING SERVICES
Objective: The purpose of this report is to obtain City Council approval of a pre-qualified on-call list of consultants to provide as-needed environmental and contract planning services.
12. Community Development
CONSIDERATION OF A CONTRACT WITH NOMAD TRANSIT LLC AND RESOLUTION 22-119
FOR THE BRODERICK AND BRYTE VIA TRANSPORTATION PILOT
Objective: The purpose of this report is to request City Council approval of a contract with NoMad Transit LCC to subsidize the fares on the On-Demand Rideshare Service for the Broderick & Bryte Via Transportation Pilot Program. Staff is requesting approval of Resolution 22-119 allocating the remaining funding from the Summer Transportation Pilot and $10,000 from a Clean Air Fund grant awarded by the Yolo Solano Air Quality Management District to support the subsidize fares and staff time for project management of the Broderick & Bryte Via Transportation Pilot Program.
13. Economic Development & Housing
CONSIDERATION OF RESOLUTION 22-95 APPROVING A PURCHASE AND SALE
AGREEMENT FOR THE SALE OF CITY-OWNED PROPERTY, A HOME LOAN AGREEMENT,
AND A CITY LOAN AGREEMENT FOR CONSTRUCTION AND LAND ACQUISITION COSTS FOR THE PROPOSED WEST GATEWAY PLACE PHASE II PROJECT; AND RESOLUTION 22- 96 AUTHORIZING AN APPROPRIATION OF HOME INVESTMENT PARTNERSHIP PROGRAM
FUNDS, AN APPROPRIATION OF HOUSING TRUST FUNDS AND AN INTERFUND LOAN
FROM THE GENERAL FUND TO FUND THE DEVELOPMENT OF THE WEST GATEWAY
PLACE PHASE II PROJECT
Objective: The objective of this report is to facilitate the City Council’s consideration of Resolution 22-95 and Resolution 22-96 related to the development of the 60-unit West Gateway Place Phase II affordable housing development on city-owned property at 802 Delta Lane.
14. Finance
CONSIDERATION OF RESOLUTION 22-130 CORRECTING THE TRAFFIC AND PARKS
IMPACT FEES RELATED TO RECENTLY APPROVED TARGETED FEE REFORM IN
WASHINGTON AND CENTRAL BUSINESS DISTRICTS
3 Objective: This report requests City Council’s approval of Resolution 22-130 updating the Book of Fees to correct the Traffic Impact Fee and Park Impact Fee reductions approved by City Council in August as part of the targeted impact fee reform for infill development Washington District and Central Business District.
15. Finance
CONSIDERATION OF A PRE-QUALIFED LIST FOR ON-CALL FINANCIAL SERVICES AND
DELEGATION OF AUTHORITY TO THE CITY MANAGER TO EXECUTE ON CALL
CONTRACTS WITH THE FIRMS ON THE ON-CALL LIST
Objective: The purpose of this report is to consider approval of a list of pre-qualified vendors to provide a variety of financial services.
16. City Manager's Office
CONSIDERATION OF AGREEMENT WITH COUNTY OF YOLO FOR ANIMAL CONTROL SERVICES FOR FISCAL YEAR 2022-23
Objective: The purpose of this report is to seek City Council approval of an agreement with the County of Yolo for animal control services for fiscal year 2022-23.
17. City Manager's Office
CONSIDERATION OF PROCLAMATION RECOGNIZING SEPTEMBER 15 TO OCTOBER 15, 2022 AS HISPANIC HERITAGE MONTH
Objective: The objective of this report is to formally recognize the culture and contributions of Hispanic community members to the City of West Sacramento.
18. City Manager's Office
CONSIDERATION OF APPROVAL OF THE MINUTES OF THE JULY 20, 2022, AUGUST 3, 2022, AUGUST 17, 2022, AND SEPTEMBER 21 REGULAR MEETINGS OF THE WEST
SACRAMENTO CITY COUNCIL, REDEVELOPMENT SUCCESSOR AGENCY, AND WEST
SACRAMENTO FINANCING AUTHORITY
Objective: The objective of this report is to provide the City Council with the draft minutes of the July 20, 2022, August 3, 2022, August 17, 2022, and September 21, 2022 Regular Meetings of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority.
PUBLIC HEARINGS
19. Economic Development & Housing
PUBLIC HEARING AND CONSIDERATION OF FIRST READING OF ORDINANCE 22-19 REGARDING FIRST AMENDMENT TO THE ALURA AT WASHINGTON SQUARE (FOUR 40 WEST) DEVELOPMENT AGREEMENT WITH BLACKPINE 440 WEST, LLC Objective: The purpose of this item is to facilitate the Council’s consideration of an amendment to an existing Development Agreement (DA) between Blackpine 440 West, LLC and the City of West Sacramento (City) for a future project located at 412-420 & 425 6th Street in the Washington District (see Attachment 1, Location Map) and provide the Council with information necessary to consider and approve Ordinance 22-19.
Recommendation: Staff respectfully recommends: (1) Conduct the public hearing; (2) Find that the First Amendment to the Development Agreement with Blackpine 440 West LLC is exempt from 4 California Environmental Quality Act (CEQA) analysis under the Class 32 (Infill Development Projects) Categorical Exemption, under California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15332 and finds that the Exemption reflects the independent judgment of the City as lead agency under CEQA; (3) Waive first reading and read by title and number only, Ordinance 22-19 (Attachment 2) approving the proposed First Amendment to the Development Agreement with Blackpine 440 West LLC (Attachment 3) at 412-420 & 425 6th Street; and (4) Inform the Audience that the second reading and adoption of Ordinance 22-19 is tentatively scheduled for November 2, 2022.
20. Police
PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 22-122 ADDING A CARRY
CONCEALED WEAPON APPLICATION FEE TO THE CITY BOOK OF FEES Objective: The objective of this report is to provide information for the purpose of conducting a public hearing for Council consideration of Resolution 22-122 adding a Concealed Carry Weapon permit application fee to the Book of Fees.
Recommendation: Staff respectfully recommends that Council: (1) Open and conduct a public hearing; and (2) Adopt Resolution 22-122 adding a Concealed Carry Weapon permit fee structure to the Book of Fees.
REGULAR AGENDA
NONE
GENERAL ADMINISTRATION FUNCTION – PART II
21. COUNCIL COMMUNICATIONS / ASSIGNMENTS
Bikeshare Policy Steering Committee--------------------------------------------------------------------Guerrero City/County 2x2 --------------------------------------------------------------------------------------Guerrero, Alcala City/School 2x2---------------------------------------------------------------------------------------Guerrero, Alcala Executive Commission for the Homeless 10-Year Plan----------------------Orozco, Alternate - Vacant EIFD Public Financing Authority ----------------------------------------------------Ledesma, Vacant, Vacant League of California Cities ------------------------------------------------------------------------------------ Alcala Local Agency Formation Commission ---------------------------------------------------------------------- Alcala Port District Commission ---------------------------------------------------------Ledesma; Alternate - Orozco Remote Access Network ------------------------------------------------------------------------------------Guerrero River City Regional Stadium Financing Authority ---------------------------------------Guerrero, Ledesma Sacramento Area Council of Governments (SACOG)------------------Guerrero; Alternate – Ledesma Sacramento Regional County Sanitation District Board ------------------Orozco; Alternate - Ledesma Water Resources Association ------------------------------------------------------Early; Alternate - Ledesma West Sacramento Area Flood Control Agency JPA ----------------------------Alcala; Alternate - Orozco Yolo County Housing Authority ---------------------------------------------------------------------------------Early Yolo County Transportation District ------------------------------------------Ledesma; Alternate - Guerrero Yolo Habitat Conservancy -----------------------------------------------------------Early; Alternate - Ledesma Yolo-Solano Air Quality Management District ---------------------------------Alcala; Alternate - Ledesma Yolo Subbasin Sustainable Groundwater Agency-----------------------------Early; Alternate - Ledesma
COUNCIL INTERMEDIARY REPRESENTATIVES
Delta Protection Commission -------------------------------------------------------Vacant; Alternate - Vacant New Hope Community Development Corporation---------------------------------Early; Alternate - Alcala Yolo County Consolidated Redevelopment Successor Agency Oversight Board ------------Ledesma 5 22. COUNCIL APPOINTMENTS, REAPPOINTMENTS, REMOVALS TO/FROM CITY AND NONCITY BOARDS AND COMMISSIONS
23. PART II
A. Council Calendar
B. City Manager Report
C. City Attorney Report
D. Staff Direction from City Council Members
E. Future Agenda Item Requests by Council
Recognition of Former Mayor and Port Commissioner Christopher Cabaldon F. Adjourn
I, Jennifer Cusmir, City Clerk, declare under penalty of perjury that the foregoing agenda for the October 19, 2022 regular and closed session meetings of the West Sacramento City Council, Redevelopment Successor Agency and Financing Authority was posted October 14, 2022 at the rear entrance at City Hall, 1110 West Capitol Avenue, West Sacramento, CA and was available for public review.
NOTE: If you challenge the nature of a proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.
The agenda and agenda reports are also available on the City’s website at www.cityofwestsacramento.org City Council meetings are broadcast live on Wave Cable Channel 20 and rerun the next day at 12:00 PM and the following Saturday at 6:00 PM.
All public materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are also made available for public inspection on the City’s website at:
www.cityofwestsacramento.org. Any document provided at the meeting by staff or by the public will be provided by the City Clerk upon request by phone at (916) 617-4500, or by email at: [email protected].
If you need assistance to participate in this meeting, please contact the City Clerk’s Office at 916-617- 4500 or [email protected]. Notify the City Clerk’s Office at least 48 hours prior to the meeting will assist staff in assuring reasonable arrangements can be made to provide accessibility to the meeting. Assisted listening devices are available at this meeting. 6 CITY COUNCIL AGENDA REPORT
MEETING DATE: October 19, 2022 ITEM # 2
SUBJECT:
CONSIDERATION OF PROCLAMATION RECOGNIZING SENATOR RICHARD PAN FOR
HIS SERVICE TO THE CITIZENS OF WEST SACRAMENTO
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ X ] Council [ ] Staff
[ ] Other
Doug Drozd, Government Affairs Manager
City Manager’s Office
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action
OBJECTIVE
The purpose of this report and proclamation is to recognize Senator Richard Pan for his term in the California State Senate and for his dedicated representation of the people of West Sacramento.
RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt a proclamation recognizing Senator Richard Pan.
BACKGROUND
Dr. Richard Pan is a pediatrician, former UC Davis educator, and community leader who was first elected to the State Assembly in 2010. Subsequently elected to the 6th State Senate District in 2014, Dr. Pan has represented the people of West Sacramento for the last eight years. During that time, Dr. Pan emerged as a leader in public health and healthcare policy and has received accolades for his work as Chair of the Senate Committee on Health. He also serves as Chair of the Senate Select Committee on Asian Pacific Islander Affairs and the Asian Pacific Islander Legislative Caucus.
Throughout his years in the Legislature, Dr. Pan has been a staunch ally of local governments, providing resources during the COVID-19 pandemic and partnering with police and fire departments throughout the region to support public safety. His commitment to the community does not stop with his official duties, as Dr. Pan has contributed a great deal of his personal volunteer time to important causes such as founding Healthy Kids Healthy Future, which provides health, dental, and vision coverage for over 65,000 children in the greater Sacramento area.
Dr. Pan’s representation of West Sacramento has benefitted the City greatly. For instance, in 2021 he partnered with Assemblymember Kevin McCarty to secure $1.5 million in funding through the state budget to make improvements as part of the Master Plan for Bryte Park.
Most recently, Dr. Pan secured passage and enactment of the City/WSAFCA-sponsored Senate Bill (SB) 901.
This bill will provide planning certainty for the citywide flood protection project by updating its state authorization and confirming the state’s participation in construction. The legislation also allows the state to consider dissolving Maintenance Area 4 in the northern part of the City and consolidating its services with Reclamation District 900.
Finally, the bill extends the deadline to achieve the required 200-year level of flood protection from 2025 to 2030.
Dr. Pan will reach his term limit in the State Senate at the end of this calendar year and will leave the Legislature with a long list of accomplishments.
ANALYSIS
Adoption of this proclamation will recognize and celebrate Senator Richard Pan for his dedicated service to the residents of West Sacramento, his strong advocacy on behalf of the community, and his commitment to bettering the lives of those he served.
Environmental Considerations
N/A
Commission Recommendation
N/A
Strategic Plan Integration
N/A
7 Proclamation Recognizing Senator Richard Pan
October 19, 2022
Alternatives
N/A
Coordination and Review
N/A
Budget/Cost Impact
N/A
ATTACHMENT
Proclamation Recognizing Senator Richard Pan for his Service to the People of West Sacramento 8 Attachment 1
PROCLAMATION
OF THE WEST SACRAMENTO CITY COUNCIL
RECOGNIZING SENATOR RICHARD PAN FOR HIS SERVICE TO THE CITIZENS OF
WEST SACRAMENTO
WHEREAS, Dr. Richard Pan is a pediatrician, former UC Davis educator, and community leader who was first elected to the State Assembly in 2010 representing the 9th District; and WHEREAS, Dr. Pan was elected to the 6th State Senate District in 2014 and has represented the people of West Sacramento for the last eight years; and WHEREAS, Dr. Pan emerged as a leader in public health and healthcare policy and has received accolades for his work as Chair of the Senate Committee on Health.; and WHEREAS, throughout his years in the Legislature, Dr. Pan has been a staunch ally of local governments, providing resources during the COVID-19 pandemic and partnering with police and fire departments throughout the region to support public safety; and WHEREAS, in addition to his work as an elected official, Dr. Pan has served the community as a volunteer, including founding Healthy Kids Healthy Future, which provides health, dental, and vision coverage for over 65,000 children in the greater Sacramento area.; and WHEREAS, Dr. Pan’s dedicated representation has greatly benefitted the City of West Sacramento and its citizens; and
WHEREAS, in 2021, Dr. Pan partnered with Assemblymember Kevin McCarty to secure $1.5 million in funding through the state budget to make improvements as part of the Master Plan for Bryte Park; and
WHEREAS, in 2022, Dr. Pan secured passage and enactment of the City/WSAFCAsponsored Senate Bill (SB) 901; and WHEREAS, this legislation is critical to advancing the citywide flood protection project, providing safety for all of the City’s residents; and
WHEREAS, Dr. Pan’s time in the State Senate will come to an end this year due to term limits and he will be greatly missed as he pursues other endeavors.
NOW THEREFORE, BE IT RESOLVED, that the City of West Sacramento recognizes and thanks Dr. Richard Pan for his dedicated representation, his commitment to the community, and the positive impact he has had on the lives of our City’s residents.
PROCLAIMED this 19th day of October 2022.
ATTEST:
Martha Guerrero, Mayor Jennifer Cusmir, City Clerk
9 CITY COUNCIL AGENDA REPORT
MEETING DATE: October 19, 2022 ITEM # 3
SUBJECT:
CONSIDERATION OF PROCLAMATION RECOGNIZING JEFF SAVAGE FOR HIS YEARS
IN MANAGEMENT OF THE SACRAMENTO RIVER CATS
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ X ] Council [ ] Staff
[ ] Other
Doug Drozd, Government Affairs Manager
City Manager’s Office
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action
OBJECTIVE
The purpose of this report and proclamation is to recognize Jeff Savage for his tenure in executive management of the Sacramento River Cats and his committed partnership with the City of West Sacramento.
RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt the proclamation recognizing Jeff Savage.
BACKGROUND
In 1998, the Savage family purchased a minor league baseball franchise with a vision to move the team from Vancouver to West Sacramento. In 2000, that vision became a reality as the Savages successfully partnered with the City, as well as, Yolo and Sacramento Counties to finance and construct Sutter Health Park (then Raley Field) in the City’s Bridge District. On this site, the Sacramento River Cats have taken the field for the past two decades. Sutter Health Park served as a catalyst for further development in the Bridge District and has helped the City realize its vision of an active and vibrant riverfront. Over the years, thousands of fans have enjoyed great baseball, a family-friendly atmosphere, and fantastic views of the West Sacramento-Sacramento skyline from the park’s friendly confines.
Mr. Savage served the River Cats in a management capacity for many years as President and Chief Operating Officer, most recently taking over as Chief Executive Officer. In addition to success on the field, the River Cats have been a strong community partner and, through the River Cats Foundation, distributed millions of dollars in donations to worthy charitable groups. Mr. Savage has been an invaluable partner to the City throughout his tenure, working with staff across departments on issues ranging from baseball games to concerts, charity events, and more. With the recent purchase of the River Cats by the Sacramento Kings, Mr. Savage announced his intent to step away from the organization and pursue new ventures. This proclamation is to recognize his service and wish him well in his future endeavors.
ANALYSIS
Adoption of this proclamation will recognize and celebrate Jeff Savage for his tenure with the River Cats, his partnership with the City, and his positive impact on the community.
Environmental Considerations
N/A
Commission Recommendation
N/A
Strategic Plan Integration
N/A
Alternatives
N/A
Coordination and Review
N/A
Budget/Cost Impact
N/A
ATTACHMENT
Proclamation Recognizing Jeff Savage for His Years in Management of the Sacramento River Cats 10 Attachment 1
PROCLAMATION
OF THE WEST SACRAMENTO CITY COUNCIL
RECOGNIZING JEFF SAVAGE FOR HIS YEARS IN MANAGEMENT OF THE
SACRAMENTO RIVER CATS
WHEREAS, in 1998 the Savage family purchased a minor league baseball team with the intent to move the franchise from Vancouver to West Sacramento; and WHEREAS, in 2000 the Savages partnered with the City of West Sacramento, Yolo County, and Sacramento County to finance the construction of Sutter Health Park (then Raley Field) in the City’s Bridge District as the home of the Sacramento River Cats; and WHEREAS, the vision and leadership to locate Sutter Health Park in the burgeoning Bridge District served as a further catalyst for deindustrialization and development, helping further the City’s vision of a vibrant and active riverfront; and
WHEREAS, for the past 22 years, Sutter Health Park has been a jewel of the West Sacramento community, hosting countless residents and their families for baseball games, concerts, and a wide array of other events; and
WHEREAS, Jeff Savage has served in a variety of management positions in the River Cats Organization, most recently culminating with his tenure as Chief Executive Officer; and, WHEREAS, throughout his years in management, Mr. Savage has been a valuable partner to the City, working with staff from across departments to coordinate activities, host community events, and provide services to the residents of West Sacramento; and WHEREAS, under Mr. Savage’s leadership the River Cats have not just had success on the field but have been stalwarts in the community, contributing millions to local charitable causes through the River Cats Foundation; and
WHEREAS, with the recently announced sale of the River Cats to a group led by the Sacramento Kings, Mr. Savage has announced his intent to step away from his role with the franchise and pursue other endeavors.
NOW THEREFORE, BE IT RESOLVED, that the City of West Sacramento recognizes and thanks Jeff Savage for his tenure in management of the Sacramento River Cats, his commitment to the community, and his lasting partnership.
PROCLAIMED this 19th day of October 2022.
ATTEST:
Martha Guerrero, Mayor Jennifer Cusmir, City Clerk
11 CITY COUNCIL AGENDA REPORT
MEETING DATE: October 19, 2022 ITEM # 4
SUBJECT:
PRESENTATION OF PROCLAMATION RECOGNIZING OCTOBER 2022
AS DOMESTIC VIOLENCE AWARENESS MONTH
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Taylor Nelson, Business Manager
Police Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action
OBJECTIVE
The purpose of this proclamation is to recognize October 2022 as Domestic Violence Awareness Month to provide awareness about the need to support victims of all types of domestic violence as well as the programs that serve them locally in our community.
RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt a proclamation declaring October 2022 as Domestic Violence Awareness Month.
BACKGROUND
In 2021 there were 164,608 domestic violence related calls for assistance in California. Domestic violence is the third leading cause of homelessness among families in the United States and one in four women and one in seven men have been victims of severe physical violence (e.g., beating, burning, strangling) by an intimate partner in their lifetime.
Domestic violence affects people of all genders, sexual orientations, ages, and racial, ethnic, cultural, social, religious, and economic groups in the United States. The marginalization of certain groups in society, including undocumented individuals, transgender individuals, and people living with disabilities, increases their vulnerability to domestic violence. Children exposed to domestic violence can experience long-term consequences, including difficulty at school, substance abuse, behavioral problems in adolescence and serious adult health problems.
Recognizing the need is imperative to understanding the complexity of violence perpetuated within communities and against communities and the fear of many survivors to report domestic violence to law enforcement. Locally, Empower Yolo has a mission to promote safe, healthy and resilient communities by providing twenty-four-hour crisis intervention, emergency shelter, confidential counseling, training, legal assistance, and other services for individuals and families affected by domestic violence, sexual assault, stalking, human trafficking and child abuse.
Empower Yolo has a 24-hour emergency shelter for adults and children escaping domestic violence, which offers safe refuge, a comprehensive empowerment program, therapeutic services and case management to the residents as well as provides transitional housing to help qualified individuals with short term assistance to escape violence in their lives.
ANALYSIS
October is annually recognized as National Domestic Violence Awareness Month and although progress has been made toward preventing and ending domestic violence and providing support to survivors and their families, important work remains to be done. Domestic violence programs provide essential, lifesaving services for survivors, their children, and communities. There is a need to provide education, awareness, and understanding of domestic violence and its causes and a necessity to focus on the individualized needs of domestic violence survivors. All survivors deserve access to culturally responsive programs and services to increase their safety and self-sufficiency and all communities deserve access to prevention programs to improve overall community health and safety. Support of Domestic Violence Awareness Month by the City of West Sacramento helps increase awareness of services for domestic violence victims, including those provided by Empower Yolo.
Environmental Considerations 12
Domestic Violence Awareness Month
October 19, 2022
This action is not a project that is subject to CEQA because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Resources Code, § 21065; CEQA Guidelines § 15060(c), 15378(a).)
Commission Recommendation
N/A
Strategic Plan Integration
N/A
Alternatives
N/A
Coordination and Review
City staff coordinated this effort with Empower Yolo.
Budget/Cost Impact
N/A
ATTACHMENT(S)
1. Proclamation
13 Proclamation of the City Council of the City of West Sacramento Recognizing October 2022 as Domestic Violence Awareness Month
WHEREAS, in 2021 there were 164,608 domestic violence related calls for assistance in California; and WHEREAS, domestic violence is the third leading cause of homelessness among families in the United States; and
WHEREAS, although progress has been made toward preventing and ending domestic violence and providing support to survivors and their families, important work remains to be done; and WHEREAS, domestic violence programs provide essential, lifesaving services for survivors, their children, and communities; and
WHEREAS, there is a need to provide education, awareness, and understanding of domestic violence and its causes; and
WHEREAS, 1 in 4 women and 1 in 7 men have been victims of severe physical violence (e.g., beating, burning, strangling) by an intimate partner in their lifetime.
WHEREAS, domestic violence affects people of all genders, sexual orientations, ages, and racial, ethnic, cultural, social, religious, and economic groups in the United States; and WHEREAS, the marginalization of certain groups in society, including undocumented individuals, transgender individuals, and people living with disabilities, increases their vulnerability to domestic violence; and WHEREAS, children exposed to domestic violence can experience long-term consequences, including difficulty at school, substance abuse, behavioral problems in adolescence, and serious adult health problems; and WHEREAS, recognizing the need to understand the complexity of violence perpetuated within communities and against communities and the fear of many survivors to report domestic violence to law enforcement is imperative; and WHEREAS, locally, Empower Yolo has a mission to promote safe, healthy and resilient communities, by providing twenty-four-hour crisis intervention, emergency shelter, confidential counseling, training, legal assistance, and other services for individuals and families affected by domestic violence, sexual assault, stalking, human trafficking, and child abuse; and
WHEREAS, Empower Yolo has a 24-hour emergency shelter for adults and children escaping domestic violence, which offers safe refuge, a comprehensive empowerment program, therapeutic services and case management to the residents as well as provides transitional housing to help qualified individuals with short term assistance to escape violence in their lives.
NOW, THEREFORE BE IT PROCLAIMED that the City Council of the City of West Sacramento does hereby recognize the month of October 2022 to be “Domestic Violence Awareness Month”.
Proclaimed this 19th day of October 2022
ATTEST:
______________________________________ ___________________________________ Martha Guerrero, Mayor Jennifer Cusmir, City Clerk
14 CITY COUNCIL AGENDA REPORT
MEETING DATE: October 19, 2022 ITEM # 5
SUBJECT:
CONSIDERATION OF CONTRACT AMENDMENT 6 FOR PROFESSIONAL SERVICES WITH WOOD RODGERS, INC. FOR THE RIVERFRONT STREET EXTENSION AND 5TH STREET WIDENING PROJECT (CIP 15032)
INITIATED OR REQUESTED BY: REPORT PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Christian Asuncion, Associate Civil Engineer
Capital Projects Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action
OBJECTIVE
The objective of this report is to provide the City Council with sufficient information to approve Amendment 6 of the professional services contract with Wood Rodgers, Inc. for design and engineering support services through the construction phase of the Riverfront Street Extension and 5th Street Widening Project (CIP 15032).
RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Approve Amendment 6 of the contract for professional services with Wood Rodgers, Inc. for design and engineering support services through the construction phase of the Riverfront Street Extension and 5th Street Widening Project (CIP 15032) in the amount of $295,000.00; and 2) Authorize the City Manager or his designee to execute Amendment 6 with Wood Rodgers, Inc.; and 3) Authorize the City Manager to execute non-substantive changes or modifications, with approval from the City Attorney; and
4) Authorize the City Manager or his designee to execute amendments or change orders up to 15% of the amendment ($44,250.00).
BACKGROUND
In February 2017, the City awarded a professional services contract to Wood Rodgers, Inc. to prepare environmental documentation, engineering plans, specifications, estimates and provide right-of-way services for the Riverfront Street Extension in the amount of $849,747.34. In November 2017, the City Council authorized modification of the Riverfront Extension project footprint due to budget concerns with the original scope after further structures demolition on CEMEX properties, uncertainty with Broadway Bridge Landing, and addition of 5th Street widening to the scope of work; thus, relocating the bicycle pedestrian improvements to 5th Street. The original scope extended Riverfront Street to the intersection of 15th and 5th Street but was reduced due to the cost and timing constraints. Subsequently, staff worked with SACOG to revise the project limits and secured additional Tier 2 funding of $1,746,500 resulting in a total grant award of $3,681,000.
As a result, the Project will extend Riverfront Street approximately 0.15 miles as a two-lane roadway with sidewalks, lighting, and landscaping, from its terminus just south of Mill Street, underneath the highway, and terminate at a cul-de-sac. The Project will also widen 5th Street between Mill Street and 15th Street, construct a Class IV bikeway and sidewalk, underground overhead utilities on the east side of 5th Street, and install new wet utilities, lighting, and landscaping. 5th Street will be restriped between Bridge Street and Mill Street to include a Class IV bikeway. Traffic signals at the 5th Street/Bridge Street intersection and at the 5th Street/South River Road/15th Street intersection will be modified to accommodate new pedestrian crossings and the Class IV bikeway. Mill Street will be signed and striped to be a Class III bikeway.
On November 27, 2019, the contract was revised by Amendment 1 to extend the term of the contract until December 30, 2020. Amendment 2 to the contract for the professional engineering services was made on January 27, 2020 to include additional environmental and geotechnical services as well as the supplemental drainage analysis. The compensation for these additional services was approved by the City Manager and paid out of the project contingency in the amount of $84,975 as previously approved by the City Council.
Amendment 3 to the contract was made on January 20, 2021, to complete the project Plans, Specifications, & Estimates (PS&E) and provide a proper level of support during bidding and construction. The compensation for these additional services was approved by the City Council in the amount of $156,015.37. Amendment 4 to the contract was made on February 22, 2022, to reallocate $63,746.57 from Construction Staking to other tasks to complete PS&E, further provide bidding and construction support, and for Monument Right of Way to update the Temporary Construction Easement (TCE) and Permit to Enter & Construct (PTE&C). The contract term was also 15 Riverfront Street Extension and 5th Street Widening Project, Contract Amendment 6 with Wood Rodgers, Inc.
October 19, 2022
extended to December 31, 2023. Amendment 5 to the contract was made on June 15, 2022 to continue construction support, design and coordination with Fulcrum Properties for wet utilities connection, and curb cuts design for future parking lots. The compensation was approved by the City Council in the amount of $108,850.56.
Pursuant to the Public Contract Code, the project was publicly advertised for construction on December 8, 2021.
The bids were opened on January 6, 2022, in which staff determined Teichert Construction to be the lowest, responsive responsible bidder. On February 2, 2022, Council awarded the construction contract to Teichert Construction in the amount of $7,488,888.
ANALYSIS
On August 11, 2022, construction was halted due to unexpected field conditions encountered on the project site.
In accordance with the Mitigation Monitoring Plan from the SEIR and coordination with the Yocha Dehe Wintun Nation, archaeological and tribal monitoring will be required for the project. Under the direction of the City, Wood Rodger has subcontracted ECORP Consulting, Inc. and the Yocha Dehe Wintun Nation to provide archeological support and on-site monitoring. For Wood Rodgers, Inc. to complete these tasks, the original contract compensation needs to be revised to include the additional services identified in the proposal dated September 28, 2022, attached hereto as Attachment 1, Exhibit A. The total compensation of the additional services is $295,000.00, and the total compensation under the contract, as amended, will be $1,494,588.27 per Attachment
1. Environmental Considerations
The City examined potential environmental impacts associated with the Project. Pursuant to both the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA), all the required environmental research and analyses have been performed including environmental surveys, resource agency coordination, and public outreach. The City Council certified the CEQA environmental documents on November 6, 2019 with Resolution 19-97. Caltrans approved the NEPA Categorical Exclusion on January 16, 2020.
Commission Recommendations
Staff previously presented design elements to the Transportation, Mobility, & Infrastructure Commission and received positive input supportive of the Project. This item does not require further policy guidance from the Commission.
Strategic Plan Integration
The Project is consistent with the City of West Sacramento's Vision: “A Vibrant City where you can Live, Work, Learn and Play” by making infrastructure improvements for local and commercial uses as intended in the Bridge District Specific Plan. The project also has bicycle and pedestrian elements and is consistent with the Mission to maintain Quality City Infrastructure and Facilities.
Alternatives
The following alternatives are available to the City Council:
1) Approve the recommended actions as stated above.
2) The City Council could choose to make adjustments to the recommended actions. 3) The City Council could choose to decline the recommended actions or cancel the project Alternatives 2 and 3 are not recommended as this is a grant-funded project with a tight delivery schedule. Any changes or modifications to the scope of the Project or the documents required to move the Project forward will impact the funding and overall project schedule.
Coordination and Review
This report was prepared by the Capital Projects Department with coordination and review from the City Attorney and the Department of Finance.
Budget/Cost Impact
This project is included in the City’s Capital Improvement Program (CIP) as approved by Council. There is sufficient project funding available, therefore, no additional funds are required or being requested for this contract amendment.
ATTACHMENT
Attachment 1 - Contract Amendment No. 6 for Professional Services with Wood Rodgers Inc. 16 Attachment 1
AMENDMENT NO. 6
to the
CONTRACT FOR SERVICES
between the
CITY OF WEST SACRAMENTO
And
Wood Rodgers, Inc.
Dated February 15, 2017
This Amendment No. 6 to the Contract for Services between the City of West Sacramento (City) and Wood Rodgers, Inc. (Consultant) dated February 15, 2017 for the Riverfront Street Extension and 5th Street Widening Project, is made and entered into this 19th day of October 2022. Except as expressly amended herein, the February 15, 2017 Contract for Services is in full force and effect.
RECITALS
WHEREAS, in February 2017, the City awarded a professional services contract to Wood Rodgers, Inc. to prepare environmental documentation, engineering plans, specifications, estimates and provide right-of-way services for the Riverfront Street Extension in the amount of $849,747.34; and
WHEREAS, in November 2017, the City Council authorized staff to modify the footprint of the Riverfront Extension project and add 5th Street widening to the scope in order to defer the intersection improvements associated with the Broadway Bridge Alternatives analysis; and WHEREAS, per the revised scope of work the Riverfront Street Extension and 5th Street Widening Project (“Project”) will widen 5th Street from 15th Street to Bridge Street, extend Riverfront Street 900 feet south from Mill Street, and include sewer, water and storm drainage improvements; and underground overhead utilities on the east side of 5th Street between 15th Street and Business 80; and
WHEREAS, Amendment No. 1 was executed November 27, 2019 to extend the term of the contract until December 30, 2020; and
WHEREAS, Amendment No. 2 was made on January 27, 2020 to include additional environmental and geotechnical services as well as the supplemental drainage analysis. The compensation for these additional services was approved by the City Manager and paid out of the project contingency in the amount of $84,975 as previously approved by the City Council; and WHEREAS, Amendment No. 3 was made on January 20, 2021 to include finalizing the project Plans, Specifications, & Estimates (PS&E) and providing construction support. The compensation for these additional services was approved by the City Council in the amount of $156,015.37; and
WHEREAS, Amendment No. 4 was made on February 22, 2022 to reallocate $63,746.57 from Construction Staking to other tasks to complete the PS&E, provide bidding and construction support, and for Monument Right of Way to update the Temporary Construction Easements (TCE) and Permit to Enter and Construct (PTEC). The contract term was also extended to December 31, 2023; and
WHEREAS, Amendment No. 5 was made on June 15, 2022 to continue construction support, include design and coordination with Fulcrum Properties for wet utilities connection, and curb cuts design for future parking lots. The compensation for these additional services was approved by the City Council in the amount of $108,850.56; and WHEREAS, the City and Consultant desire to amend said contract; 17 Contract for Services Wood Rodgers, Inc. Attachment 1 Riverfront Street Extension, Amendment No. 6
October 19, 2022
NOW, THEREFORE, IT IS MUTUALLY AGREED by parties hereto to amend said agreement as follows:
I. SCOPE OF SERVICES:
The scope of services as set forth in the Contract for Services dated February 15, 2017, shall be revised to include the scope modifications reallocation identified in the proposal dated September 28, 2022, attached hereto as Exhibit A.
II. COMPENSATION:
The compensation as set forth in the Contract for Services dated September 6, 2017, shall be revised to include the additional services identified in the proposal dated September 28, 2022, attached hereto as Exhibit A, but in no event shall total compensation for said additional services exceed $295,000.00, nor shall the total compensation under the original contract dated September 6, 2017, exceed $1,494,588.27 without the City’s prior written approval.
III. REMAINING TERMS AFFECTED:
Except as expressly set forth herein, all terms and conditions of the Contract remain in full force and effect. In the event of a conflict between the Amendment No. 6 and the Contract, the terms of Amendment No. 6 shall control.
IN WITNESS WHEREOF the parties hereto have executed this Amendment No. 6 as the date herein set forth.
CITY OF WEST SACRAMENTO
By:
Aaron Laurel, City Manager
WOOD RODGERS, INC.
By:
Mark Rayback, President
APPROVED AS TO FORM
By:
Jeffrey Mitchell, City Attorney
ATTEST:
By: ________________________________________________________ Jennifer Cusmir, City Clerk
18 Corporate Office: 3301 C Street, Bldg. 100-B • Sacramento, CA 95816 • 916.341.7760 • Fax 916.341.7767 Offices located in California and Nevada
www.woodrodgers.com
September 28, 2022
Mr. Vin Cay
City of West Sacramento
1110 West Capital Avenue, 1st Floor
West Sacramento, CA 95691
Re: Riverfront Street Extension Project Amendment 6 – Request for Budget Augmentation
Mr. Cay,
Wood Rodgers, Inc. (Wood Rodgers) is requesting additional budget to continue providing construction support for the Riverfront Street Extension Project (Project). At the direction of the City of West Sacramento (City), Wood Rodgers has subcontracted with ECORP Consulting, Inc. (ECORP) and the Yocha Dehe Wintun Nation (YDWN) for the purpose of providing archeological support and on-site monitoring during construction. Due to time sensitive archeological issues discovered during construction, it was critical to quickly establish contracts with these firms in order to maintain the Project schedule. In order to authorize funding, the City would have to get approval from the City Council to directly contract with these firms, which would delay construction, but Wood Rodgers had the ability to subcontract with them immediately. Because of this, the City directed Wood Rodgers to establish these subcontracts, using our previously authorized construction support budget to fund their subcontracts. Wood Rodgers had sufficient construction support budget remaining to fund these subcontracts through the month of September, but additional budget is required to fund the archeological support and on-site monitoring beyond September. Based on discussion with City staff, it is estimated that there will be an additional 65 days of excavation that require on-site monitoring. Additional budget amounts for ECORP and YDWN are based 65 days of additional monitoring.
To date, Wood Rodgers has authorized a total budget of $48,200 to ECORP. ECORP has requested an additional $125,000 to cover projected archeological support and site monitoring expenses, bringing their total contract amount to $173,200. ECORP’s scope of work and budget are included in Exhibit A.
To date, Wood Rodgers has authorized a total budget of $30,000 to the YDWN. An additional $70,000 is requested to complete on-site monitoring, bringing their total contract amount to $100,000. The YDWN scope of work is provided in Exhibit B.
In addition to the budget augmentation needed for the subconsultants, Wood Rodgers is requesting an additional $100,000 to replace the budget allocated to ECORP and YDWN for work in September and for addition construction support effort, including modifications to the joint trench design that was not anticipated. This budget is needed to continue providing construction support and to manage the ECORP and YDWN contracts for the remainder of construction.
Please consider this letter as our request to augment our contract’s Task 9 – Support During Bidding and Construction, by an additional $295,000.00. This will increase the Task 9 budget total to $445,313.49.
The total Project contract budget total will increase to $1,494,588.27. A summary of the authorized and requested budgets are as follows:
19 Mr. Vin Cay
Riverfront Street Extension Project Amendment 6 - Request for Budget Augmentation September 28, 2022
Amendment 6 (Requested)
ECORP Consulting, Inc. (see below) $125,000.00
Yocha Dehe Wintun Nation (see below) $70,000.00
Wood Rodgers, Inc.
Construction Support Budget Authorized to ECORP Consulting, Inc. $48,200.00 Construction Support Budget Authorized to Yocha Dehe Wintun Nation $30,000.00 Subconsultant Contract Administrative Cost (5% Subconsultant Total) $13,660.00 Additional Construction Support Budget $8,140.00
Total Amendment 6 Budget Request $295,000.00
SUBCONSULTANT BUDGET SUMMARY
ECORP Consulting, Inc.
Original Scope of Work and Budget (Authorized) $28,200.00 Amendment 1 (Authorized) $20,000.00
Amendment 2 (Requested) $125,000.00
ECORP Consulting, Inc. Total Budget $173,200.00
Yocha Dehe Wintun Nation
Original Scope of Work and Budget (Authorized) $30,000.00 Amendment 1 (Requested) $70,000.00
Yocha Dehe Wintun Nation Total Budget $100,000.00
In addition to the budget augmentation outlined above, as directed by the City, Wood Rodgers is requesting an additional budget of $44,250.00 (15% of $295,000.00) to be held in a new Task 13 – Construction Support Contingency. This budget shall only be used if and when directed by the City and will require approval in writing by the City prior to use. This additional budget will not be included in the total Project contract budget until it is authorized to be used.
We look forward to continuing our involvement with the City and reaching a successful completion of this Project. If you require additional information regarding this request, please do not hesitate to contact me at (916) 440-8131.
Sincerely,
WOOD RODGERS, INC.
Mark Rayback, PE, QSD/QSP
President
Enclosure
20 2525 Warren Drive ● Rocklin, CA 95677 ● Tel: (916) 782-9100 ● Fax: (916) 782-9134 ● www.ecorpconsulting.com August 12, 2022
(P22-482)
Steven Robinson
Wood Rodgers, Inc.
3301 C Street, Building 100-B
Sacramento, CA 95816
Email: [email protected]
Subject: Proposal to Provide Cultural Resources Technical Support Services for Unanticipated Riverfront Street Extension and 5th Street Widening Project Construction – Cultural Resources Services, and Human Remains Recovery, Sacramento County, California Greetings,
ECORP Consulting, Inc. is pleased to provide this proposal for cultural resources technical support services for the Riverfront Street Extension and 5th Street Widening Project Construction, Sacramento County, California. The Scope of Work and Cost Estimate below provide the technical approach and costs proposed by ECORP for this study.
SCOPE OF WORK
Task 001 – Unanticipated Discovery Support
ECORP will provide technical assistance to the City of West Sacramento and conduct recovery of human remains encountered on August 11, 2022. In the event that the discovery requires additional consultation, treatment, or action that cannot be accommodated by this budget due to the size, complexity, or nature of the discovery, a contract change order would be required to add budget to allow for the completion of tasks.
Task 002 – Cultural Monitoring (Daily Rate)
ECORP will provide an archaeological monitor for ground disturbing activities at the Riverfront Street Extension and 5th Street Widening Project Construction as necessary for the remainder of the month of August 2022. The actual cost of the archaeological monitoring will be based the time and materials to complete the monitoring as required. The following rate is an estimate based on an 8- hour day, and the remaining 13 days of August, but the number of days and hours of monitoring is determined solely by the contractors and may not be sufficient to cover all remaining work that requires monitoring. Therefore, this task will be billed on a time and materials basis.
Task 002 Assumptions:
• This scope does not include responding to any unanticipated discoveries. • This task will be billed on a time and materials basis.
EXHIBIT A
21 Steven Robinson
August 12, 2022
2525 Warren Drive ● Rocklin, CA 95677 ● Tel: (916) 782-9100 ● Fax: (916) 782-9134 ● www.ecorpconsulting.com Task 002 (Daily Rate – Full Day): $1,400/day
Total Budget for Task 002 (Assumes 13 Full Days): $18,200
COST ESTIMATE
The cost will be billed on a TIME AND MATERIALS basis. The cost estimates to complete the work are presented in the following table.
Table 1 – Cost Estimate
Activity/Task(s) Cost ($)
Task 001 – Unanticipated Discovery Support $10,000
Task 002 – Cultural Monitoring (Daily Rate) $18,200
TOTAL COST ESTIMATE $28,200
Costing Assumptions
♦ The cost proposal is presented on a Time-and-Materials basis. ♦ Cost and schedule estimates are based on our best judgment of the requirements known at the time of the proposal and can be influenced favorably or adversely by Client needs and other circumstances, including agency or other delays due to the COVID-19 pandemic. ECORP will perform the services and accomplish the objectives within the presented costs and schedule. However, if the scope of work or schedule changes, ECORP will offer separate proposals for any out-of-scope work. ♦ ECORP Consulting, Inc. assumes that, by receipt of notice to proceed, full access to the property will be provided by the Client, including keys to locked gates and advance notice to existing property tenants of our right of entry.
♦ ECORP Consulting, Inc. shall not be held responsible for work delays or cancellations caused by strikes, accidents, acts of God, delays imposed by the Client, or other delays beyond the control of ECORP Consulting, Inc.
♦ The transfer and temporary possession of human remains to ECORP for temporary possession prior to reburial is considered an agreement under Section 5097.98 of the PRC and does not constitute a violation of PRC Section 5097.99.
♦ It is assumed that ECORP Consulting, Inc. can use and rely on the data and information contained in the project related documents provided by the Client. ECORP Consulting, Inc. will not perform a technical review of these documents, and will not be responsible for the content or accuracy of these studies. ♦ Change orders will be issued and signed by the Client and ECORP Consulting, Inc. before starting additional work not provided for in the original proposal. If the Client's authorized representative is not available for a signature, the additional out-of-scope work will not commence until the change order is signed.
EXHIBIT A
22 Steven Robinson
August 12, 2022
2525 Warren Drive ● Rocklin, CA 95677 ● Tel: (916) 782-9100 ● Fax: (916) 782-9134 ● www.ecorpconsulting.com ♦ This cost is valid for a period of 90 days from the date of this the proposal. Beyond 90 days, ECORP Consulting, Inc. reserves the right to reevaluate the cost. ♦ Color copies, equipment, and other direct expenses are reimbursed with a 14% administrative handling charge (excluding mileage). These charges are included in the cost estimate, above. ♦ Subcontractor expenses (if any) are reimbursed with a 12% administrative handling charge. These charges are included in the cost estimate, above.
♦ Mileage is reimbursed at the current IRS rate. These charges are included in the cost estimate, above.
Thank you for the opportunity to submit this proposal. If you have any questions regarding this proposal, please call me at (916) 782-9100.
Sincerely,
ECORP Consulting, Inc.
Brian S. Marks, Ph.D., RPA
Senior Archaeologist
EXHIBIT A
23 24
Steven Robinson
September 1, 2022
2525 Warren Drive ● Rocklin, CA 95677 ● Tel: (916) 782-9100 ● Fax: (916) 782-9134 ● www.ecorpconsulting.com Costing Assumptions
♦ The cost proposal is presented on a Time-and-Materials basis. ♦ Cost and schedule estimates are based on our best judgment of the requirements known at the time of the proposal and can be influenced favorably or adversely by Client needs and other circumstances, including agency or other delays due to the COVID-19 pandemic. ECORP will perform the services and accomplish the objectives within the presented costs and schedule. However, if the scope of work or schedule changes, ECORP will offer separate proposals for any out-of-scope work. ♦ ECORP Consulting, Inc. assumes that, by receipt of notice to proceed, full access to the property will be provided by the Client, including keys to locked gates and advance notice to existing property tenants of our right of entry.
♦ ECORP Consulting, Inc. shall not be held responsible for work delays or cancellations caused by strikes, accidents, acts of God, delays imposed by the Client, or other delays beyond the control of ECORP Consulting, Inc.
♦ The transfer and temporary possession of human remains to ECORP for temporary possession prior to reburial is considered an agreement under Section 5097.98 of the PRC and does not constitute a violation of PRC Section 5097.99.
♦ It is assumed that ECORP Consulting, Inc. can use and rely on the data and information contained in the project related documents provided by the Client. ECORP Consulting, Inc. will not perform a technical review of these documents, and will not be responsible for the content or accuracy of these studies. ♦ Change orders will be issued and signed by the Client and ECORP Consulting, Inc. before starting additional work not provided for in the original proposal. If the Client's authorized representative is not available for a signature, the additional out-of-scope work will not commence until the change order is signed. ♦ This cost is valid for a period of 90 days from the date of this the proposal. Beyond 90 days, ECORP Consulting, Inc. reserves the right to reevaluate the cost. ♦ Color copies, equipment, and other direct expenses are reimbursed with a 14% administrative handling charge (excluding mileage). These charges are included in the cost estimate, above. ♦ Subcontractor expenses (if any) are reimbursed with a 12% administrative handling charge. These charges are included in the cost estimate, above.
♦ Mileage is reimbursed at the current IRS rate. These charges are included in the cost estimate, above.
Thank you for the opportunity to submit this proposal. If you have any questions regarding this proposal, please call me at (916) 782-9100.
Sincerely,
ECORP Consulting, Inc.
Brian S. Marks, Ph.D., RPA
Senior Archaeologist
EXHIBIT A
25 2525 Warren Drive ● Rocklin, CA 95677 ● Tel: (916) 782-9100 ● Fax: (916) 782-9134 ● www.ecorpconsulting.com September 16, 2022
(P22-482.02/2022-208)
Steven Robinson
Wood Rodgers, Inc.
3301 C Street, Building 100-B
Sacramento, CA 95816
Email: [email protected]
Subject: Amendment Two for Unanticipated Finds Recovery for the Riverfront Street Extension and 5th Street Widening Project Construction – Cultural Resources Services, Sacramento County, California
Greetings:
ECORP Consulting, Inc. is pleased to provide this amendment for additional cultural services for the Riverfront Street Extension and 5th Street Widening Project Construction, Sacramento County, California.
The Scope of Work and Cost Estimate below provide the technical approach and costs proposed by ECORP for this effort.
SCOPE OF WORK
Task 003 – Cultural Monitoring (Daily Rate) – Augment
ECORP will provide an archaeological monitor for ground disturbing activities at the Riverfront Street Extension and 5th Street Widening Project Construction as necessary for the remainder of the ground disturbing activity along 5th Street. The actual cost of the archaeological monitoring will be based the time and materials to complete the monitoring as required. The following rate is an estimate based on an 10-hour day, and the remaining 65 days of planned excavation for the project. However, the number of days and hours of monitoring is determined solely by the contractors and may not be sufficient to cover all remaining work that requires monitoring. Therefore, this task will be billed on a time and materials basis.
Task 003 Assumptions:
• This scope does not include responding to any unanticipated discoveries. • This task will be billed on a time and materials basis.
Task 003 (Daily Rate/Full day – 10hr Day): $1,800/day
Total Budget for Task 003 (Assumes 65 days): $117,000
EXHIBIT A
26 Steven Robinson
September 16, 2022
2525 Warren Drive ● Rocklin, CA 95677 ● Tel: (916) 782-9100 ● Fax: (916) 782-9134 ● www.ecorpconsulting.com Task 004 – Monitoring Letter Report
At the time of this scope of work being submitted to Caltrans, ECORP is planning to prepare a letter report discussing the results of the monitoring. Pending the outcome of monitoring, if discoveries are made, and the will of the Tribe, the Tribe may require a more extensive letter report. ECORP will make a good faith effort to complete the letter report within 60 days of the completion of all ground-disturbing activities that require monitoring.
Task 004 Assumptions:
♦ This task assumes that the ECORP letter report will be acceptable for the Tribes and an extensive letter report is not warranted.
♦ If an extensive letter report is required by the Tribes, change order will be submitted to the client.
COST ESTIMATE
The cost will be billed on a TIME AND MATERIALS basis. The cost estimates to complete the work are presented in the following table.
Table 1 – Cost Estimate
Activity/Task(s) Cost ($)
Task 003 – Cultural Monitoring (Daily Rate – Assumes 65 days) – Augment $117,000 Task 004 – Monitoring Letter Report $8,000
TOTAL COST ESTIMATE $125,000
Costing Assumptions
♦ The cost proposal is presented on a Time-and-Materials basis. ♦ Cost and schedule estimates are based on our best judgment of the requirements known at the time of the proposal and can be influenced favorably or adversely by Client needs and other circumstances, including agency or other delays due to the COVID-19 pandemic. ECORP will perform the services and accomplish the objectives within the presented costs and schedule. However, if the scope of work or schedule changes, ECORP will offer separate proposals for any out-of-scope work. ♦ ECORP Consulting, Inc. assumes that, by receipt of notice to proceed, full access to the property will be provided by the Client, including keys to locked gates and advance notice to existing property tenants of our right of entry.
♦ ECORP Consulting, Inc. shall not be held responsible for work delays or cancellations caused by strikes, accidents, acts of God, delays imposed by the Client, or other delays beyond the control of ECORP Consulting, Inc.
EXHIBIT A
27 Steven Robinson
September 16, 2022
2525 Warren Drive ● Rocklin, CA 95677 ● Tel: (916) 782-9100 ● Fax: (916) 782-9134 ● www.ecorpconsulting.com ♦ The transfer and temporary possession of human remains to ECORP for temporary possession prior to reburial is considered an agreement under Section 5097.98 of the PRC and does not constitute a violation of PRC Section 5097.99.
♦ It is assumed that ECORP Consulting, Inc. can use and rely on the data and information contained in the project related documents provided by the Client. ECORP Consulting, Inc. will not perform a technical review of these documents, and will not be responsible for the content or accuracy of these studies. ♦ Change orders will be issued and signed by the Client and ECORP Consulting, Inc. before starting additional work not provided for in the original proposal. If the Client's authorized representative is not available for a signature, the additional out-of-scope work will not commence until the change order is signed.
♦ This cost is valid for a period of 90 days from the date of this the proposal. Beyond 90 days, ECORP Consulting, Inc. reserves the right to reevaluate the cost. ♦ Color copies, equipment, and other direct expenses are reimbursed with a 14% administrative handling charge (excluding mileage). These charges are included in the cost estimate, above. ♦ Subcontractor expenses (if any) are reimbursed with a 12% administrative handling charge. These charges are included in the cost estimate, above.
♦ Mileage is reimbursed at the current IRS rate. These charges are included in the cost estimate, above.
Thank you for the opportunity to submit this proposal. If you have any questions regarding this proposal, please call me at (916) 782-9100.
Sincerely,
ECORP Consulting, Inc.
Brian S. Marks, Ph.D., RPA
Senior Archaeologist
EXHIBIT A
28 81203142\V-4
Standard Monitoring Agreement
Between
Yocha Dehe Wintun Nation
And
Wood Rodgers, Inc.
This MONITORING AGREEMENT (“Agreement”) is made and entered into as of August 31, 2022, by and between the Yocha Dehe Wintun Nation, a federally recognized Indian tribe (“Yocha Dehe” or "Tribe") on the one hand, and Wood Rodgers, Inc. (hereinafter "Contractor") on the other hand. Yocha Dehe and Contractor are collectively referenced hereinafter as the “Parties".
I. RECITALS
A. Subject Matter: This Agreement concerns the use and/or development of real property located within the area of Riverfront Street and US 50, and which is the subject of development by Contractor. The development is commonly known as Riverfront Street Extension, hereinafter referenced as the "Project" and is described in Attachment I of this Agreement. As used herein, the Area of Potential Effect (or APE) includes area in City of West Sacramento between 5th Street on the west, the Sacramento River on the east, Mill Street on the north, and 15th Street on the south.
B. Purpose: The purpose of this Agreement is to establish fee schedules and terms for the use of Yocha Dehe tribal monitors for the Project; establish protocols for the relationship between Yocha Dehe and the Contractor; formalize procedures for the treatment of Native American human remains, grave goods, ceremonial items and any cultural artifacts, in the event that any are found in conjunction with the Project's development, including archaeological studies, excavation, geotechnical investigations, grading and any ground disturbing activity. This Agreement is entered into as mitigation under the California Environmental Quality Act (“CEQA”) and/or the National Environmental Policy Act (“NEPA”) and Section 106 of the National Historic Preservation Act (“Section 106”), and any such mitigation may be a condition of approval for said Project.
C. Cultural Affiliation: The Tribe traditionally occupied, and can trace its historical ties to, land in the Project’s Area of Potential Effect (“APE” or “Project Area”). The Project is within the boundaries of the Yocha Dehe Linguistic Territory. Thus, cultural resources identified in the APE are related to the history and tradition of the Yocha Dehe Wintun Nation and Patwin speaking peoples. Yocha Dehe has designated its Cultural Resources Department to act on its behalf with respect to the provisions of this Agreement. Any Native American human remains, grave goods, ceremonial items, and cultural items or artifacts that are found in conjunction with the development of this Project shall be treated in accordance with the Provisions of this Agreement.
II. TERMS
A. Incorporation of Recitals: All of the foregoing recitals are accurate and are incorporated in this Agreement by reference.
EXHIBIT B
29 81203142\V-4
B. Term: This Agreement shall be effective as of the date of execution and it shall remain in effect until the Project's completion.
C. Scope of Services and Specifications: Given the nature and sensitivity of archaeological sites and cultural resources that are or may be within the Project area (a map of which is shown and attached hereto as Attachment I). Yocha Dehe shall provide tribal monitoring and consultation for the Project during the archaeological investigations and all ground disturbing activities required for the Project. Yocha Dehe monitors will work in collaboration with the archaeologists, inspectors, project managers and other consultants hired/employed by the Contractor.
D. Fee Schedule:
The fee schedule for the use of Yocha Dehe Wintun Nation monitors and staff is as follows; Native American Monitoring $82.50 hourly rate (per monitor) Overtime (over 8 hrs in a day) $123.75 hourly rate (per monitor) Weekend and Holiday Hours $123.75 hourly rate Saturday; and $165.00 hourly rate Sunday and Holiday
Cultural Resources Manager $192.50 (per hour)
(4 hour minimum)
Tribal Historic Preservation Officer/
Cultural Resources Director $220.00 (per hour)
(4 hour minimum)
Tribal Executives $220.00 (per hour)
(4 hour minimum)
Cultural Sensitivity Training $300.00
Tribal Records Search $150.00
Ground Penetrating Radar $1,000 (per day)
Administrative Fee 15% of Invoice
Yocha Dehe's monitors will bill for time spent traveling to and from any Project site. In addition, Yocha Dehe shall be reimbursed for all costs associated with travel to and from the Project. Eligible items for cost reimbursement shall include, but not be limited to, mileage (or fuel purchases, at the submitter's election), hotel, and per diem (GSA rate).
E. Coordination with County Coroner’s Office. In the event human remains are discovered on or near the Project site during its development, Contractor shall immediately contact the Coroner, the Yocha Dehe Director of Cultural Resources, Cultural Resources Manager, the Cultural
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Resources Committee Chairperson, and the Tribal Chairman. In order to facilitate this Agreement’s implementation, the appropriate County Coroner’s Office shall be provided a copy of this Agreement either before any earth disturbing activities or upon request of the Tribe. Yocha Dehe agrees to provide Contractor the needed contact information in order to comply with this provision. The Coroner shall be asked by the Contractor to determine if the remains are (1) human, (2) prehistoric, and further, the Contractor shall request the Coroner notify the State of California’s Native American Heritage Commission in the event the remains are determined to be Native American. The Contractor will compensate the Coroner for reasonable fees and costs, if applicable and required by the County Coroner’s office.
F. Most Likely Descendant (MLD): The Yocha Dehe Wintun Nation as the MLD for any Human Remains, Associated Funerary Objects and Artifacts found within the exterior boundaries of the Yocha Dehe Wintun Nation Linguistic Territory. Human Remains have been discovered within the Yocha Dehe Wintun Nation Linguistic Territory on occasion and in all of those cases, the Native American Heritage Commission ("NAHC") designated the Yocha Dehe Wintun Nation as the Most Likely Descendent (“MLD”) under California Public Resources Code section 5097.98.
G. Treatment and Disposition of Remains. Where Native American human remains are discovered during the Project's development, and where Yocha Dehe has been designated the Most Likely Descendant (MLD), the following provisions shall apply to the Parties:
I. The Tribe shall be allowed, under California Public Resources Code sections 5097.98 (a) and 21083.2 and State CEQA Guidelines section 15064.5 (e), to: (1) inspect the site of the discovery; and (2) make recommendations as to how the human remains and grave goods shall be treated and disposed of with appropriate dignity.
II. The Tribe shall complete its inspection within twenty-four (24) hours of receiving notification from either the Contractor or the NAHC, as required by California Public Resources Code section 5097.98 (a). The Parties agree to discuss, in good faith, what constitutes "appropriate dignity" as that term is used in the applicable statutes.
III. Reburial of human remains shall be accomplished in compliance with the California Public Resources Code sections 5097.98 (a) and (b) and 21083.2 and State CEQA Guidelines section 15064.5 (e).
IV. The Parties are aware that Yocha Dehe may wish to rebury the human remains and associated ceremonial and cultural items (artifacts) on or near the site of their discovery, in an area that shall not be subject to future subsurface disturbances. Should Yocha Dehe recommend reburial of the human remains and associated ceremonial and cultural items (artifacts) on or near the site of their discovery, the Contractor shall make good faith efforts to accommodate the Tribe's request.
V. The term "human remains" encompasses more than human bones because Yocha Dehe's traditions periodically necessitated the ceremonial burning of human remains, and monitors shall make recommendations for removal of cremations. Grave goods are those artifacts associated with any human remains. These items and the soil, in an area encompassing up to two (2) feet in diameter around the burial, and other funerary
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remnants and their ashes, are to be treated in the same manner as human bone fragments or bones that remain intact
H. Treatment and Disposition of Cultural Items (Artifacts). Ceremonial items and items of cultural patrimony reflect traditional religious beliefs and practices of the Tribe. Contractor agrees to return all Native American ceremonial items and items of cultural patrimony that may be found on the Project site to the MLD for appropriate treatment, unless Contractor is ordered to do otherwise by a court or agency of competent jurisdiction. In addition, the Tribe requests the return of all other cultural items (artifacts) that are recovered during the course of archaeological investigations on or adjacent to the Project site. Where appropriate (from the perspective of Yocha Dehe), and agreed upon in advance by Yocha Dehe, certain analyses of certain artifact types will be permitted, which may include, but which may not necessarily be limited to, shell, bone, ceramic, stone and/or other artifacts.
I. Ownership Relinquishment. Contractor waives any and all claims to ownership of Native American ceremonial and cultural artifacts that may be found on the Project site. If examination of cultural artifacts by an entity or individual other than the MLD is necessary, that entity or individual shall return said artifacts to the MLD within thirty (30) days, or any other agreed upon time frame from the initial recovery of the items.
J. The Description of Work. Description of work for Yocha Dehe monitors for the grading and ground disturbing operations at the Project site is provided in Attachment II to this Agreement and incorporated herein by this reference. Section I of Attachment II specifies the duties and responsibilities of the identified tribal monitoring crew and other specified parties.
Section II of Attachment II identifies the geographical area over which the tribal monitoring crew shall oversee cultural resource mitigation and monitoring in accordance with California Public Resources Code section 21083.2 (c) and (k). Sections III and IV of Attachment II mandate compensation of the tribal monitoring crew by the Contractor.
K. Confidentiality. Unless otherwise required by law, the site of any reburial of Native American human remains shall not be disclosed and will not be governed by public disclosure requirements of the California Public Records Act, Cal. Govt. Code § 6250 et seq. The County Coroner shall withhold public disclosure of information related to such reburial pursuant to the specific exemption set forth in California Government Code Section 6254(r). Moreover, all records relative to consultation between the Parties shall be confidential and not subject to public disclosure as required by the California Public Records Act, Cal. Govt. Code § 6250 et seq.
Executed by:
Yocha Dehe Wintun Nation Wood Rodgers, Inc.
Signature: ________________________________ Signature: ________________________________ Print Name: ______________________________ Print Name: ______________________________ Title: ____________________________________ Title: ____________________________________
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Date: ____________________________________ Date: ____________________________________ Tribal Historic Preservation Officer
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ATTACHMENT I
[Insert Tract Map for Project Name]
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Attachment II
NATIVE AMERICAN MONITORING OF GRADING AND GROUND DISTURBING ACTIVITIES I. Specifications: Given the nature and sensitivity of the archaeological sites and cultural resources that are in or may be within the Project area, the Yocha Dehe Wintun Nation, a federally recognized Indian tribe and the Most Likely Descendant as identified by the Native American Heritage Commission, shall provide the tribal monitoring, consultation and facilitation for this Project during the archeological investigations, and all ground disturbing activities for the Project. Yocha Dehe's monitors will work in concert with the archaeologists and Project engineers hired/employed by Contractor.
The tribal monitors or Project archaeologists will be empowered to halt all earthmoving equipment in the immediate area of discovery when cultural items or features are identified until further evaluation can be made in determining their significance. It is understood that all surface and subsurface artifacts of significance shall be collected and mapped during this operation following standard archaeological practices.
After discovery of cultural items or features’ discussions between the tribal monitors and project archaeologist will occur to determine the significance of the situation and best course of action for avoidance, protection of resources, and/or data recovery, as applicable.
II. Project to be Monitored: Monitoring shall encompass the area known as Riverfront Street Extension and shall be known as the Project area. It is agreed that monitoring shall be allowed for all archaeological studies, excavations, and groundbreaking activities occurring in conjunction with the development of the Project.
III. Project Crew Size: The Parties to this Agreement project the need for a tribal monitoring crew size to be determined by the Cultural Resource Manager, in accordance with Yocha Dehe Wintun Nation Cultural Law. If the scope of the work changes (e.g., inadvertent discoveries of cultural resources or simultaneous grading of area that requires multiple tribal monitors), additional tribal monitors may be required. Developer agrees to directly compensate Yocha Dehe for all of the work performed by the tribal monitors. The compensation rate shall be made directly from Contractor to the Tribe in accordance with Section IV. If human remains are found, the coordination of the reburial of those remains and any associated cultural and ceremonial items shall be conducted in accordance with Sections III and IV of this Agreement.
IV. Insurance and Indemnity: Yocha Dehe shall provide the tribal monitoring crew for the Project and shall be responsible for coordinating the tribal monitors’ activities on the Project. The Tribe recognizes that dangerous conditions may exist on the work site, particularly during grading operations, and agrees to assume responsibility for the safety of the tribal monitoring crew while the crew remains on the Project site. The Tribe possesses the necessary insurance to cover any bodily injury or property damage that
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may be suffered by the tribal monitors and proof of such insurance shall be made available to Contractor upon request.
V. Compensation: Contractor shall directly compensate the Tribe in accordance with the following compensation rates and procedures. Invoices will be submitted on a monthly basis and shall be paid within 30 days of submittal to assure timely tribal monitor compensation and to further assure that tribal monitoring will not be terminated for the Project.
A minimum half-day charge (“show up” time) shall be charged to Contractor for unannounced work stoppages of the tribal monitors that are not due to actions by Yocha Dehe.
VI. Rights of Access/Stoppage/Consultation Upon Discovery: Contractor shall provide Yocha Dehe tribal monitors with unencumbered access to the Project site as reasonably necessary for the monitors to effectively perform the services required by this Agreement. The tribal monitors and/or project archaeologist will be empowered to halt all earthmoving equipment in the immediate area of discovery when cultural items or features are identified until further evaluation can be made in determining their significance. It is understood that all surface and subsurface artifacts, Native American human remains, funerary objects, items of cultural patrimony, and any other cultural items shall be treated in accordance with an agreed upon artifact treatment and disposition plan.
After discovery of cultural items or features, discussions between the tribal monitors and project archaeologist will occur to determine its significance and the best course of action for avoidance, protection of resources, and/or data recovery, as applicable.
While determinations will be mostly in the field, Yocha Dehe's tribal monitors may need to seek further guidance from the Most Likely Descendent, Yocha Dehe Tribal Council and/or the Cultural Resources Committee. If this rare occurrence should arise, Yocha Dehe reserves the right to request a 30-day stoppage of work.
Where circumstances warrant, the Contractor may be required, at its sole expense, to provide security personnel or remove unnecessary persons from the Project site. For example, where the safety of tribal monitors is at risk due to controversy or other circumstances surrounding a particular Project’s development, security personnel would be provided at the Contractor’s expense and members of the public excluded from the site. Likewise, where the protocol for the treatment of Native American human remains, funerary objects, artifacts, or items of cultural patrimony deems culturally required or appropriate, Contractor agrees unnecessary personnel will leave the site during the relevant time period.
EXHIBIT B
36 CITY COUNCIL AGENDA REPORT
MEETING DATE: October 19, 2022 ITEM # 6
SUBJECT:
CONSIDERATION OF CONTRACT AWARD TO DOMENICHELLI AND ASSOCIATES, INC
FOR PROFESSIONAL SERVICES FOR THE RIVERWALK TRAIL SOUTH EXTENSION PROJECT (CIP 15131)
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [ x ] Staff
[ ] Other
Victoria Soares, Administrative Analyst
Capital Projects Department
ATTACHMENT [ x ] Yes [ ] No [ ] Information [ ] Direction [ ] Action
OBJECTIVE
The objective of this report is to provide the City Council with sufficient information to award a professional services contract to Domenichelli and Associates, Inc. for project management services for the Riverwalk Trail South Extension Project (CIP 15131).
RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Approve and authorize the City Manager, or his designee, to execute a Professional Services Contract with Domenichelli and Associates, Inc. in the amount of $405,600; and 2) Authorize the City Manager, or his designee, to execute contract amendments or change orders up to 15% ($60,840) of the contract value.
BACKGROUND
Public access to an urbanized riverfront has been one of the City’s preeminent objectives since it was incorporated in 1987. The Bridge District Specific Plan (BDSP) is an implementation element of the City’s General Plan that specifically defines how the City’s urban riverfront development objectives for the Bridge District will be realized. As detailed in the BDSP, realizing these objectives requires substantial public-private investments in land, backbone infrastructure, and development processes (i.e., planning, engineering, regulatory approvals, etc.). The Bridge District 2024 Plan is centered on these objectives and aligns with the “Riverfront Alive” theme defined in the City’s Strategic Plans. Since the early 2000’s, riverfront development planning and projects have been management priorities articulated in the City’s Strategic Plans. These objectives emphasize high quality public access to the riverfront and the creation of inter-connected riverfront parks, open space, and amenities.
On December 8, 2021, the City Council adopted Resolution 21-83 appropriating $10,150,116 in the Bridge District Fund 405 for the capital improvement projects in the 2024 Bridge District Plan, funded by $8,798,185 of CFD 27 bond proceeds and $1,351,931 in IFD 1 revenue. $3,000,000 was appropriated to the Riverwalk South Extension Project (CIP 15131).
The BDSP categorizes Phase 1 of the Riverwalk Trail South Extension Project (CIP 15131) as backbone infrastructure. Phase 1 includes the design and construction of approximately 1,300 feet of hardscape path, the acquisition of necessary right of way, lighting, and initial landscaping and associated appurtenances. The scope and timing of the portion that is located south of Pioneer Bridge is dependent on the Central Valley Flood Protection Board (CVFPB) regulatory processes. Future phases will consider the design and construction of recreation and or civic amenities along the path as well as underneath the Highway 50 elevated structure (Parcel EE) as the City has a long-term lease with Caltrans for this property. Over the past decades many concepts have been discussed for development for this property. Given the lack of permanent site control, amenities such as parking, a skate park, basketball court, farmer’s market facility, dog park, and other active recreation uses will be considered during the future design process for this amenities project in consultation with Caltrans. The Riverfront Street Extension/ 5th Street Cycle Track, currently under construction, includes a bicycle/pedestrian connection between 5th Street and River Walk via a new access corridor. A critical part of these efforts will involve the design, development, acquisition and operation of remote security and safety technology to augment police operations and provide for safe and secure public spaces.
ANALYSIS
The work identified above for the Riverwalk Trail South Extension Project (CIP 15131) has been assigned to the Capital Projects Department staff for completion. However, the workload that the Capital Projects Department staff is currently experiencing has exceeded its capacity. The Department has attempted to fill currently vacant 37 Riverwalk South Extension Project (CIP 15131)
October 19, 2022
engineering positions, however, has been unsuccessful in finding qualified applicants. This is an industry-wide problem not just in the greater Sacramento region, but nationwide. To be able to complete the projects in the Capital Improvement Program, the Capital Projects Department has decided to retain a small number of outside consultants to provide project management services for a limited number of projects. The Riverwalk Trail South Extension Project (CIP 15131) is the first of this limited number of projects for which the Department intends to utilize an outside consulting firm to provide project management services necessary to complete the project.
On June 22, 2022, staff issued a Request for Proposals (RFP) through the City’s online procurement system, OpenGov (formerly ProcureNow), to obtain proposals from the engineering firms on the City’s on-call list for engineering services. Two (2) proposals were received and evaluated by a panel of City staff, consistent with the City’s purchasing policy. Proposals were evaluated based on qualifications, proven ability, experience and technical approach. After careful consideration, evaluators identified Domenichelli and Associates, Inc. (D&A) as the most qualified firm. D&A will provide project management services to complete the Riverwalk Trail South Extension Project (CIP 15131). A separate engineering consultant will be retained to complete the engineering design, environmental documentation, permitting, Bridge District Specific Plan updates and public engagement activities to complete the River Walk South Extension Project. It is anticipated that the project will take at least three years to complete. This timeline is estimated based on the length of time required to complete the design, environmental documentation, and secure permits and coordinate with Caltrans, the Central Valley Flood Protection Board (CVFPB), Army Corps of Engineers and Fish and Wildlife.
Environmental Considerations
Executing a contract with Domenichelli and Associates for professional project management services is not subject to CEQA. Environmental documentation required for the project will be conducted during the project development.
Commission Recommendation
Not Applicable at this time.
Strategic Plan Integration
The Riverwalk Trail South Extension Project (CIP 15131) is categorized as backbone infrastructure in the Bridge District Specific Plan (BDSP) which aligns with the “Riverfront Alive” theme defined in the City’s Strategic Plans.
Alternatives
The City Council may choose among the following alternatives:
1) Approve the recommended actions as stated above.
2) Make adjustments to the recommended actions.
3) Decline to approve the recommended actions.
Alternatives 2 and 3 are not recommended because delaying the project would not be consistent with the Council’s adopted Bridge District 2024 Plan.
Coordination and Review
This report was prepared by the Capital Projects Department in coordination with the Finance Department, the Community Development Department and the Economic Development and Housing Department.
Budget/Cost Impact
The Riverwalk Trail South Extension Project is included in the City’s current Capital Improvement Program (CIP) as CIP 15131. Adequate funding currently exists within the CIP project budget for this contract award and no additional funds are required or being requested at this time.
ATTACHMENT(S)
1) Domenichelli and Associates, Inc. Contract
38 Attachment 1
CONTRACT FOR SERVICES
THIS CONTRACT is made on October 19, 2022, by and between the CITY OF WEST SACRAMENTO (“City”), and Domenichelli & Associates, Inc. (“Consultant”).
WITNESSETH:
WHEREAS, the City desires Domenichelli & Associates, Inc. to provide engineering consulting and project management services for the Riverwalk Trail South Extension Project (CIP 15131), and other projects as needed;
WHEREAS, the Consultant has presented a proposal for such services to the City, dated July 21, 2022, attached hereto as Exhibit “A” and is duly licensed, qualified and experienced to perform those services;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF SERVICES:
A. Consultant shall do all work, attend all meetings, produce all reports and carry out all activities necessary to completion of the services described in the Scope of Work, attached hereto and incorporated herein by this reference as Exhibit “B”. This Contract and its exhibits shall be known as the “Contract Documents.” Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. In the event of conflict between terms contained in these Contract Documents, the more specific term shall control. If any portion of the Contract Documents shall be in conflict with any other portion, provisions contained in the Contract shall govern over conflicting provisions contained in the exhibits to the Contract.
B. Consultant enters into this Contract as an independent contractor and not as an employee of the City. The Consultant shall have no power or authority by this Contract to bind the City in any respect. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Consultant are employees, agents, contractors or subcontractors of the Consultant and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Consultant by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this Contract.
C. The Consultant agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.
2. TERM OF CONTRACT
A. The services of Consultant are to commence upon execution of this Contract by the City, and shall be undertaken and completed in accordance with the Scope of work attached hereto and incorporated herein by this reference as Exhibit “B” and shall terminate on November 30, 2024.
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2 B. Consultant’s failure to complete work in accordance with the Schedule of Performance may result in delayed compensation as described in Section 3.
C. The City Manager or his or her designee may, by written instrument signed by the Parties, extend the duration of this Contract for two additional 1-year terms, for a maximum term of four years, in the manner provided in Section 5, provided that the extension does not require the payment of compensation in excess of the maximum compensation set forth in Section 3, Compensation.
3. COMPENSATION:
A. The Consultant shall be paid monthly for the actual fees, costs and expenses, but in no event shall total compensation exceed four hundred five thousand six hundred dollars ($405,600.00), without City’s prior written approval. Consultant's fees shall be as specified in the Schedule of Fees, which is attached hereto an incorporated herein as Exhibit "B".
B. Said amount shall be paid upon submittal of a monthly billing showing completion of the tasks that month. If Consultant’s performance is not in conformity with the Schedule of Performance, payments may be delayed or denied, unless the Consultant’s failure to perform in conformity with the Schedule of Performance is a documented result of the City’s failure to conform with the Schedule of Performance, or if the Schedule of Performance is extended pursuant to Section 5.
C. If the work is halted at the request of the City, compensation shall be based upon the proportion that the work performed bears to the total work required by this Contract, subject to Section 4.
4. TERMINATION:
A. This Contract may be terminated by either party, provided that the other party is given not less than 30 calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate.
B. The City may temporarily suspend this Contract, at no additional cost to City, provided that the Consultant is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Contract.
C. Notwithstanding any provisions of this Contract, Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Consultant, and the City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due the City from Consultant is determined.
D. In the event of termination, the Consultant shall be compensated as provided for in this Contract, except as provided in Section 4C. Upon termination, the City shall be entitled to all work, including but not limited to, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date in accordance with Section 7 hereof.
5. AMENDMENTS, CHANGES OR MODIFICATIONS:
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3 Amendments, changes or modifications in the terms of this Contract may be made at any time by mutual written agreement between the parties hereto and shall be signed by the persons authorized to bind the parties hereto.
6. EXTENSIONS OF TIME:
Consultant may, for good cause, request extensions of time to perform the services required hereunder. Such extensions shall be authorized in advance by the City in writing and shall be incorporated in written amendments to this Contract or the attached Work Program in the manner provided in Section 5.
7. PROPERTY OF CITY:
A. It is mutually agreed that all materials prepared by the Consultant under this Contract shall become the property of the City, and the Consultant shall have no property right therein whatsoever. Immediately upon termination, the City shall be entitled to, and the Consultant shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials as may have been prepared or accumulated to date by the Consultant in performing this Contract which is not Consultant’s privileged information, as defined by law, or Consultant’s personnel information, along with all other property belonging exclusively to the City which is in the Consultant’s possession.
B. Additionally, it is agreed that the parties intend this to be a contract for services and each considers the products and results of the services to be rendered by Consultant hereunder (the “Work”) to be a work made for hire. Consultant acknowledges and agrees that the Work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of the City.
8. COMPLIANCE WITH ALL LAWS:
A. Consultant shall comply with all applicable laws, ordinances, and codes of federal, State and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract.
B. Consultant warrants to the City that it is licensed by all applicable governmental bodies to perform this Contract and will remain so licensed throughout the progress of the Work, and that it has, and will have, throughout the progress of the Work, the necessary experience, skill and financial resources to enable it to perform this Contract.
9. WARRANTIES AND RESPONSIBILITIES - CONSULTANT:
A. Consultant agrees and represents that it is qualified to properly provide the services set forth in Exhibit “B” in a manner which is consistent with the generally accepted standards of Consultant’s profession.
B. Consultant agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law in accordance with Section 17A hereof.
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4 C. Consultant shall designate a project manager who shall be approved by the City and at all times shall represent the Consultant before the City on all matters relating to this Contract. The project manager shall continue in such capacity unless and until he or she is removed at the request of the City, is no longer employed by Consultant, or is replaced with the written approval of the City, which approval shall not be unreasonably withheld.
D. Consultant shall provide corrective services without charge to the City for services which fail to meet the above professional and legal standards and which are reported to Consultant in writing within sixty (60) days of discovery. Should Consultant fail or refuse to perform promptly its obligations, the City may render or undertake performance thereof and the Consultant shall be liable for any expenses thereby incurred.
10. SUBCONTRACTING:
None of the services covered by this Contract shall be subcontracted without the prior written consent of the City, which will not be unreasonably withheld. Consultant shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Consultant.
11. ASSIGNABILITY:
Consultant shall not assign or transfer any interest in this Contract whether by assignment or novation, without the prior written consent of the City which will not be unreasonably withheld.
However, claims for money due or to become due Consultant from the City under this Contract may be assigned to a financial institution, or to a trustee in bankruptcy, without such approval.
Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.
12. INTEREST IN CONTRACT:
Consultant covenants that neither it, nor any of its employees, agents, contractors, subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. Consultant shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Consultant’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply. Consultant also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Consultant in writing that Consultant’s duties under this Contract warrant greater disclosure by Consultant than was originally contemplated. Consultant shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.
13. MATERIALS CONFIDENTIAL:
All of the materials prepared or assembled by Consultant pursuant to performance of this Contract are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order. 42 Contract for Services
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5 14. LIABILITY OF CONSULTANT-NEGLIGENCE:
Consultant shall be responsible for performing the work under this Contract in a manner which is consistent with the generally-accepted standards of the Consultant’s profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Consultant or its employees, agents, contractors or subcontractors.
15. INDEMNITY AND LITIGATION COSTS:
Consultant shall indemnify, defend, and hold harmless the City, its officers, officials, agents, and employees against all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorneys’ fees, arising from Consultant's negligent acts or negligent failure to act, errors, omissions or willful misconduct incident to the performance of this Contract except such loss or damage caused by the active negligence, sole negligence, or willful misconduct of the City. The provisions of this paragraph shall survive termination or suspension of this Contract.
16. CONSULTANT TO PROVIDE INSURANCE:
A. Consultant shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this Contract, the policies of insurance specified in this Section. Such insurance must have the approval of the City as to limit, form, and amount, and shall be placed with insurers with a current A.M. Best’s rating of no less than A VII (an NR rating is acceptable for Worker’s Compensation insurance written with the State Compensation Insurance Fund of California).
B. Prior to execution of this Contract and prior to commencement of any work, the Consultant shall furnish the City with certificates of insurance and copies of endorsements providing evidence of coverage for all policies required by the Contract. The Consultant and its contractors and subcontractors shall, at their expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance by Consultant and its contractors and subcontractors of the following coverage and limits of insurance is a material element of this Contract. The failure of Consultant or of any of its contractors or subcontractors to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this Contract. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant.
1. Worker’s Compensation and Employer’s Liability Insurance
a. Worker’s Compensation - Insurance to protect the Consultant, its contractors and subcontractors from all claims under Worker’s Compensation and Employer’s Liability Acts, including Longshoremen’s and Harbor Worker’s Act (“Acts”), if applicable. Such coverage shall be maintained, in type and amount, in strict compliance with all applicable state and Federal statutes and regulations.
The Consultant shall execute a certificate in compliance with Labor Code Section 1861, on the form provided in the Contract Documents.
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6 b. Consultant shall provide a Waiver of Subrogation endorsement in favor of the City, its officers, officials, employees, agents and volunteers for losses arising from work performed by the Consultant.
2. Commercial General Liability Insurance
a. The insurance shall be provided on form CG0001, or its equivalent, and shall include coverage for claims for bodily injury or property damage arising out of premises/operations, products/completed operations, contractual liability, and subconsultant’s work and personal and advertising injury resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000 per occurrence and $2,000,000 general and products/completed operations aggregates. b. The commercial general liability insurance shall also include the following:
i. Endorsement equivalent to CG 2010 0714 naming the City, its officers, officials, employees, agents, and volunteers as additional insureds. The endorsement shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
ii. Endorsement stating insurance provided to the City shall be primary as respects the City, its officers, officials, employees and any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it, to the payment or satisfaction of any defense expenses, loss, or judgment.
iii. Provision or endorsement stating that the Consultant’s insurance 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.
3. Commercial Automobile Insurance
a. The insurance shall include, but shall not be limited to, coverage for claims for bodily injury or property damage for owned, non-owned, and hired automobiles resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000 per accident.
b. The commercial automobile insurance shall include the same endorsements required for the commercial general liability policy (see Section
16.B.2.b).
44 Contract for Services
Domenichelli & Associates, Inc.
October 2022
7 4. Professional Liability. The Consultant and its contractors and subcontractors shall secure and maintain in full force, during the term of this Contract and for five years thereafter, professional liability insurance policies appropriate to the respective professions and the work to be performed as specified in this Contract. The limits of such professional liability insurance coverage shall not be less than $1,000,000 per claim.
C. In addition to any other remedy the City may have, if Consultant fails to maintain the insurance coverage as required in this Section, the City may obtain such insurance coverage as is not being maintained, in form and amount substantially the same as is required herein, and the City may deduct the cost of such insurance from any amounts due or which may become due Consultant under this Contract.
D. No policy required by this Contract shall be suspended, cancelled, terminated by either party, or reduced in coverage or in limits unless Consultant has provided thirty (30) days prior written notice by certified mail, return receipt requested, to the City.
E. Any deductibles or self-insured retentions in excess of $10,000 must be declared to, and approved by, the City.
F. The requirement as to types, limits, and the City’s approval of insurance coverage to be maintained by Consultant are not intended to, and shall not in any manner, limit or qualify the liabilities and obligations assumed by Consultant under the Contract.
17. MISCELLANEOUS PROVISIONS:
A. Consultant shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work.
B. Consultant shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship, or sexual orientation.
C. Consultant shall maintain and make available for inspection by the City and its auditors accurate records of all of its costs, disbursements and receipts with respect to any work under this Contract. Such inspections may be made during regular office hours at any time until six (6) months after the final payments under this Contract are made to the Consultant.
D. This Contract constitutes the entire agreement between the parties relative to the services specified herein and no modification hereof shall be effective unless and until such modification is evidenced by a writing signed by both parties to this Contract. There are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing. 45 Contract for Services
Domenichelli & Associates, Inc.
October 2022
8 E. All notices that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses:
City:
City of West Sacramento
Capital Projects Department
Ariana Adame, Director of Capital Projects
1110 West Capitol Avenue, 1st Floor
West Sacramento, CA 95691
(916) 617-4980
Consultant:
Domenichelli & Associates, Inc.
Joseph Domenichelli, President
5180 Golden Foothill Parkway, Suite 220
El Dorado Hills, CA 95762
(916) 933-1997
[email protected]
F. This Contract shall be interpreted and governed by the laws of the State of California.
G. Any action arising out of this Contract shall be brought and maintained in Yolo County California, regardless of where else venue may lie.
H. In any action brought by either party to enforce the terms of this Contract, each party shall be bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.
[Signatures on following page]
46 Contract for Services
Domenichelli & Associates, Inc.
October 2022
9 CITY OF WEST SACRAMENTO
By: __________________________
Aaron Laurel, City Manager
ATTEST:
By: _________________________________
Jennifer Cusmir, City Clerk
APPROVED AS TO FORM:
By: __________________________________
Jeffrey Mitchell, City Attorney
CONSULTANT
By: _________________________
Joseph Domenichelli, President
Date Executed: _________________
47 DOMENICHELLI AND ASSOCIATES, INC.
CIVIL ENGINEERING
5180 Golden Foothill Parkway, Suite 220 El Dorado Hills, CA 95762 [916] 933-1997 [916] 933-4778 Fax 2110 K Street, Suite 1000 Sacramento, CA 95816
3.2 Transmittal Letter
Victoria Soares July 21, 2022
Administrative Analyst
Capital Projects- Engineering
City of West Sacramento
1110 West Capitol Avenue
West Sacramento, CA 95691
RE: PROPOSAL FOR ENGINEERING CONSULTING SERVICES, RFP NO 22-037 Dear Selection Committee,
Domenichelli and Associates, Inc. (D&A) is pleased to submit the attached proposal to provide engineering consulting services for Project Management of the City’s River Walk South Extension Project and On-Call Project Management for Capital Improvement Projects as needed. We understand that this solicitation is specific towards providing Project Management Services and that D&A will be excluded from responding to any requests for proposals or bids for other work related to the above projects.
For this effort we are proposing Tom Dugan to provide the project management services. We are confident that Mr.
Dugan can provide the necessary project management services, including but not limited to : 1) technical assistance in project designs, 2) review of work by other consultant and City staff, 3) project coordination with regulatory agencies, other consultants and City staff, 4) preparation of requests for proposal for all aspects of work related to the above projects, 5) preparation of front end specifications for specific projects, 6) project planning and cost estimating to help establish priorities and funding for projects, 6) construction inspection services and 7) directing public outreach activities. D&A has extensive experience in all of the above services and with providing such service for the City of West Sacramento on several recent City projects. Our team is excited for the opportunity to continue building our working relationship with the City.
3.2.A – This proposal is prepared and submitted by Domenichelli and Associates, Inc. Our point of contact will be Tom Dugan, our Senior Project Manager at [email protected]. Secondary contacts will be myself, Joe Domenichelli at [email protected] and Sara Rogers, Vice President at [email protected]. Our address and phone numbers are.
Headquarters: Sacramento Office:
5180 Golden Foothill Parkway, Suite 220 2110 K Street, Suite 1000 El Dorado Hills, CA 95762 Sacramento, CA 95816
PHONE: (916) 933-1997, CELL: (916) 837-7978 (Tom), (916) 803-0012 (Sara), (916) 716-4207 (Joe)
3.2.B – The included proposal is our offer to complete the scope of services. This Proposal will remain valid for at least ninety (90) working days from the July 21, 2022, submittal date and therefore in accordance with any resulting contract between the City and D&A.
3.2.C – D&A does not have any conflict of interest with the City of West Sacramento.
EXHIBIT A
48 DOMENICHELLI AND ASSOCIATES, INC.
CIVIL ENGINEERING
5180 Golden Foothill Parkway, Suite 220 El Dorado Hills, CA 95762 [916] 933-1997 [916] 933-4778 Fax 2110 K Street, Suite 1000 Sacramento, CA 95816
3.2.D – D&A has reviewed the City’s Standard Contract and we accept the Contract without any qualifications. We can meet all requirements for the contract and insurance.
3.2.E –. Subcontractors- D&A does not intend to use sub-contractors to complete the scope of work for this contract.
3.2.F – As President of Domenichelli & Associates Inc., Joseph Domenichelli is empowered to bind D&A to the provisions RFP and any contract awarded pursuant to it.
Senior Staff Involvement/Principal Oversight/Quality Control – Our philosophy is to provide each project with a significant level of involvement from a principal of the firm. This allows for personal commitment to quality control/quality assurance by the principal owners. We have not wavered from this policy since the company was formed. Tom Dugan is a senior level engineer with D&A and has recent experience working with the City in a project management role. Our proposal provides information on our other senior level staff if additional assistance is needed.
Client and Project Commitment – Our company workload is very manageable. As a smaller firm, we can easily plan when and what type of work to pursue in order to best utilize our staff. We have carefully reviewed our workload and are confident that we can provide Tom Dugan or other senior staff as needed for the City’s projects.
Competitive Rates – As a smaller firm we are able to keep our rates competitive. These competitive rates allow our team to provide key senior staff members devoted to the project.
Thank you for the opportunity to provide a proposal for the City’s Engineering Services Consulting Services Project.
If you have any questions or require additional information, please do not hesitate to contact myself or Tom Dugan.
Sincerely,
Joe Domenichelli, President
Domenichelli and Associates, Inc.
49 CITY OF WEST SACRAMENTO
Proposal for Engineering Consulting Services RFP NO 22-037 July 2022 DOMENICHELLI & ASSOCIATES Page 2
3.3 Qualifications and Experience
A. Organization
D&A is a California Corporation and local water
resources engineering firm with extensive experience
working for public agencies owning and operating
water, storm drain and wastewater systems. D&A
was established in 2002 by President Joseph
Domenichelli. Vice President, Sara Rogers, has been
with the company since 2003. They have put in place
a vision of growth and innovation and have
assembled a team of highly specialized individuals
that are the foundation of the firm’s success. Our
diverse team gives us the flexibility to provide
superior client services at competitive rates. The
majority of our work is derived from repeat clients, a
direct result of how we cultivate relationships and
maintain customer satisfaction.
Tom Dugan is proposed to provide the project
management services requested. Tom started working
with D&A in 2013 as a senior level project engineer.
He has experience in project management,
construction management, and project engineering
services.
D&A has provided a wide range of services from
design, project management (PM), construction
management (CM), and general and specialty
inspection of municipal improvement facilities such
as waterfront improvements and bike trails; pipelines,
pump stations and sewer lift stations; water storage
and hydraulic structure designs, to the master
planning of water, wastewater, and drainage systems
for entire communities.
D&A has strong client relations and a proven track
record of providing quality projects on time and on
budget. Our staff takes exceptional pride in working
closely with our clients, local agencies, and the local communities to ensure that both design and
construction meet the project’s intent and constraints.
Our firm is comprised of twelve (12) full time
employees: Six (6) registered civil engineers, four (4) engineers in training, one (1) associate engineer, and
one (1) drafter
There are multiple factors that differentiate the
Domenichelli and Associates (D&A) team from
others including:
1. Response and timeliness – Due to D&A’s
proximity to City’s service area, our staff has
the ability to respond to the City’s requests
and needs promptly, keeping the project ontime and within budget.
2. Similar Project Experience – As discussed in
the experience section of this proposal, D&A
team members have extensive experience
providing design, construction management,
and inspection services for similar projects.
3. Principal Involvement – Our philosophy is to
have significant principal involvement on
every project. No deliverable leaves the
office without an extensive review by a
principal member of our staff.
4. Competitive Rates – As you will see in our
cost proposal, by remaining a smaller firm,
D&A has been able to keep our rates
extremely competitive.
B. Years performing services
Since starting in May 2002 (over 20-years) D&A has
provided project management, construction
management and engineering services similar to
those River Walk South Extension Project and CIP
Projects. Additionally, many of our staff members
have been performing these services for much longer.
The enclosed project descriptions and brief staff
biographies provide additional detail on the types of
services provided by our staff.
Tom Dugan is a senior engineer with over 20-years of
experience. He has worked for D&A for over 9-years.
C. Public Agency Experience
D&A has developed strong and lasting client relations
over the firm’s 20-years. The majority of D&A work
comes from repeat work from those clients. The
following list a number of clients that D&A has
performed project management and engineering
consulting services. Tom Dugan has worked with all
of the public agencies listed in the table below
providing project management and engineering
services.
2 3
1 4
50 CITY OF WEST SACRAMENTO
Proposal for Engineering Consulting Services RFP NO 22-037 July 2022 DOMENICHELLI & ASSOCIATES Page 2
Client Location and Size Type of Operational
Activities
Types of Services Provided by
D&A
City of West
Sacramento
Located in Yolo County,
CA
Water supply, wastewater
system rehabilitation
Pipeline design and
construction management
services
Sacramento
County Water
Agency
Located in Sacramento
County serving a large
portion of the County
Water supply and
distribution
Pipeline and meter
installation design,
construction management and
construction inspection
services
City of Folsom
Located in Folsom, CA
and serving within the
City's sphere of
influence.
Water supply and
distribution, wastewater
collection, storm drain
pipelines and outfalls
Pipeline, pump stations and
PRV station, bike trail
designs, construction
management and inspection
services
City of Roseville
Located in Roseville, CA Water supply, treatment, and
distribution, wastewater
collection and treatment
Pipeline design and
construction services
Sacramento
Suburban Water
District
Located in Sacramento
County serving a large
portion of the County
Water supply and
distribution
Pipeline and pump station
designs, construction
management, construction
inspection services
El Dorado
Irrigation
District
Located in El Dorado
County serving a large
portion of the County
Water supply, treatment, and
distribution, wastewater
collection and treatment
Pipeline, pump station and
recreational facilities design,
construction management and
inspection
Placer County
Water Agency
Located in Auburn, CA
serving an area similar to
EID
Water supply and
distribution
Pump stations, pipeline
replacement, water treatment
plant upgrades, construction
management and inspection
Citrus Heights
Water District
Located in Citrus
Heights, CA
Water supply, treatment and
distribution
Corporation Yard design and
construction
management/inspection
Services
San Juan Water
District
Located in Folsom,
providing water to
multiple water purveyors
including City of Folsom
and Citrus Heights
Water supply and
distribution
Pipeline, pump station,
treatment plant and corp. yard
improvement design,
construction management and
inspection
Carmichael
Water District
Located in Carmichael,
CA in Sacramento
County
Water supply, treatment and
distribution
Pipeline designs, construction
management and inspection
services
51 CITY OF WEST SACRAMENTO
Proposal for Engineering Consulting Services RFP NO 22-037 July 2022 DOMENICHELLI & ASSOCIATES Page 11
E. References
The following references are provided for our proposed project manager, Tom Dugan. Mr. Dugan has provided project management services for each of these clients on the projects listed.
Name Agency Contact Information Related Project
Amber Wallace, P.E. City of West
Sacramento
1110 West Capitol Avenue, 1st Floor
West Sacramento, CA 95691
[email protected]
(916) 617-5327 (o); (916) 505-0348
(c)
Linden Acres Water
Main and Meter
Replacement Project
Helen Rocha, M.S.,
P.E.
Sacramento
County Water
Agency
827 Seventh Street, Rm 301
Sacramento, CA 95814
[email protected]
(916)876-7191 (o)
Arden Service Area
Pipe and Meter
Installation Project
Melissa Pieri, P.E. Citrus Heights
Water District [email protected]
(916) 735-7724
6230 Sylvan Road
Citrus Heights, CA 95611-0286
Corporation Yard
Improvements
Project
Kelly Shively, P.E. Placer County
Water Agency [email protected]
(530) 823-4883
144 Ferguson Road
Auburn, CA 95603
Lower Banvard
Canal Pipeline
Project
Rocklin Main
Replacement Project
Barton Road Main
Installation Project
Janice Gainey, P.E. City of Roseville [email protected] (916) 774-5535
2005 Hilltop Circle
Roseville, CA 95747
Hillcrest Main
Replacement Project
Water Distribution
Improvements
Project
F. Local Benefit
D&A will use local vendors whenever practical.
Although our proposal does not include subconsultants to carry out our project management services, there may be the need to include outside
companies for other services. We will consider the
use of local vendors if applicable.
52 CITY OF WEST SACRAMENTO
Proposal for Engineering Consulting Services RFP NO 22-037 July 2022 DOMENICHELLI & ASSOCIATES Page 12
G. Company History (Mergers,
Acquisitions, or Sales)
D&A has not been involved with any mergers,
acquisitions, or sales of the company since it was
established in 2002.
H. Legal Challenges
D&A has not been involved with any litigation since
the company was founded.
I. Bankruptcy Filings or Insolvency
Proceedings
Since D&A was founded, the company has not filed
bankruptcy nor had any insolvency proceedings filed
against the company either voluntarily or
involuntarily.
J. Business License
53 CITY OF WEST SACRAMENTO
Proposal for Engineering Consulting Services RFP NO 22-037 July 2022 DOMENICHELLI & ASSOCIATES Page 13
3.4 Technical Approach
Our staff has a diversified skill set that allows us to manage various project types. All of our professional
staff have construction experience including
significant field experience. Our project manager
will assemble a team based on individuals experience
and qualifications relative to the particular project
scope.
Our specialty inspectors have extensive construction
experience. On past projects their experience has
allowed them the ability to avoid costly change order
and/or delays by early identification and notification
to the PM and designer or working directly with the
contractor in the field.
Team Interaction – It is D&A’s belief that
developing a good working relationship and frequent
communication between the City and operations staff,
regulatory agency staff, design engineer(s),
contractor(s), and the general public are essential for a successful project.
While communication protocols will be maintained
throughout the project, D&A also believe in open
communication to facilitate the dissemination of
information. Team members are encouraged to
communicate with each other to discuss potential
issues and solutions. All final decisions will be
documented following standard protocol and
appropriate team members will be informed of critical
communications.
Quality Assurance and Control
At D&A we believe that quality control is the
responsibility of all involved in the project. There are several ways that QA/QC is incorporated during
project management, construction management and
inspection approach.
Conformance to Standards – D&A’s project
managers, engineers and inspectors familiarize and
keep current with City Standards and preferences
based on our involvement on current City projects.
Furthermore, they keep up to date on other regulatory
agency requirements based on other local projects.
Our team is committed to ensuring that the City’s
Standards and other regulatory agency standards are
incorporated into all aspects of the Project.
Project Management – Our project manager, Tom
Dugan, is empowered to make decisions necessary to
advance the planning, design and construction
process is an efficient and effective manner. He will
work closely with City project management to keep
them informed of the Projects progression, key
decisions requiring City input, and schedule and
budget. This will require, and is encouraged, open
communication among team members and staff, and
asking informative and inquisitive questions of the
City, Regulatory Agency, design team, contractor and
local residents/business owners with the intent of
understanding their objective and approach,
advancing the project, and minimizing potential
conflicts.
Principal Involvement – As mentioned previously,
our philosophy is to provide each project with a
significant level of effort from a principal of the
firm. This allows for personal commitment to quality
control/quality assurance by the principal
owners. We will assign a principal to each project to
provide oversight, and quality control.
Given the complexity and sensitive issues involved
on this Project, D&A’s principal staff will offer
suggestion and/or provide critical guidance towards
achieving quality outcomes during Project planning,
design, and construction phases.
Data Management and Record Keeping
Management Tools – Our project manager(s) and
their team are committed to the City’s project(s) at
every step. While focused on navigating a successful
planning effort to the development and
implementation of the plans and specifications,
D&A’s project manager(s) recognize that planning
efforts are constantly changing and being refined.
Our PM and support team aims to manage these
uncertainties and challenges utilizing the following
tools and approaches:
Planning and Progress Meetings – D&A’s PM will
schedule, attend and conduct planning, design, and
54 CITY OF WEST SACRAMENTO
Proposal for Engineering Consulting Services RFP NO 22-037 July 2022 DOMENICHELLI & ASSOCIATES Page 14
construction meetings on a regular basis. These
meetings include pre-design meetings; permitting and
regulatory meetings; weekly/bi-weekly progress
meetings, special meetings, and eventually preconstruction meetings. Each specific meetings will serve to advance the planning effort and/or design of
the Project. Meetings will be conducted in a manner
to assure good communication between all involved
with the project, verify project schedule, and to
address and resolved any planning and/or design
conflicts in a timely manner. D&A will prepare
meeting agendas and meeting minutes that will be
logged; critical items and decisions from meetings
will be referenced, share with key project
stakeholders, a properly incorporated into the Project
documents. As the Project design progresses,
workshop meetings will be held to review and discuss
comments and/or edits made to the plans and
specification. These will be critical to advancing the
design while effectively communicating to resolve
issues or concerns. The PM will utilize a cumulative
action item log to track items and hold individuals
accountable for specific tasks.
Data Management - D&A anticipates the City will
continue utilizing the Virtual Project Management
(VPM) documentation software that is currently
being used on other City projects. D&A’s PM is
familiar with the software and continues to become
more comfortable with its capabilities. Should
alternate data management software be used, the PM
will quickly familiar themselves on that platform.
D&A’s PM will consult with the City’s key Project
personnel to developing a document filing structure
that will be implement throughout the project. All
Project related documents will be logged and
archived on the City’s data management platform.
Schedule Review – D&A will prepare Project
schedules that will be used as a road map for
efficiently planning the Project and ultimately getting the Project under construction. The PM will also
review schedules from others to confirm their
reasonableness and compatibility with the overall
Project schedule. The PM will provide comments and
suggestions on any schedule with the intent of
prompting discussion, avoid schedule conflicts, and
meeting Project milestones. As schedule get updated
the PM will distribute them to others to aid in Project coordination.
Cost Management – D&A’s PM will closely monitor
the Project’s progression in relation to the Project’s
overall budget. On a monthly basis, the PM will
prepare a Project progress to budget summary and
review that with the City’s Project management. It is
anticipated that this summary report, along with
supporting documentation, will be shared and
presented to the City’s Council. The PM will
document all concerns and bring those concerns to the
City’s and other key Project members attention to
identify a feasible way of address any concerns.
Regulatory Compliance
The City’s River Walk South Extension Project, as
with other projects, will involve navigating a number
of regulatory compliance requirements by multiple
regulatory Agencies. This Project will include such
Agencies as: Caltrans, U.S. Army Corp of Engineers
(USACE), U.S. Fish and Wildlife Services (FWS),
Central Valley Flood Protection Board (CVFPB),
City Parks and Recreation; City’s Capital Projects
and Public Works departments; and other local
interest groups. Our PM recognizes the logistics and
close coordination with all involved to meet specific
requirements, document and respond to issues and
concerns promptly, and set realistic timelines for
achieving the Project milestones. It is understood that even the best of plans may can go sideways, our PM
and support staff have work with these regulatory
Agencies and will look for ways to avoid potential
setbacks and have alternate paths to reaching the
Project objectives.
If necessary, D&A will seek out additional support
from the City’s designer or third party consultants to
investigate specific needs to keep the project
compliant with regulatory requirements.
Public Outreach
In the era of social media, our team recognizes how
essential a well thought out and consistent public
relations (PR) campaign is on each project.
Establishing how the public will be kept informed of
the project’s schedule, progress, and its impact on
their daily lives will be a top priority. Our project
management team will work closely with the City,
other consulting firms, regulatory agencies, and
construction contractors to avoid negative publicity.
This can be achieved through multiple platforms
including: City’s project website, a Project specific
55 CITY OF WEST SACRAMENTO
Proposal for Engineering Consulting Services RFP NO 22-037 July 2022 DOMENICHELLI & ASSOCIATES Page 15
social media page, project fliers and door hangers;
special in-person meetings, and direct
communication with the public. Project messaging
will be critical. The PM will continually seek the
City’s input on the Project’s messaging to avoid
conflicting or confusing messaging.
Specialty and Field Inspection
Though D&A does not foresee needing specialty or
general inspectors during the early phase of this
Project, those services will likely become needed in
the later part of the design phase (by others) and
construction phase (by others). At such time, the PM
seek to utilize inspector(s) that meet the specific need.
These inspectors will provide daily reports back to the PM who will utilize this information to address
Project related issues and concerns and make
decisions that will further advance the Project.
Inspector will be required to prepare and submit a
thorough and detailed daily inspection report
(including digitally labeled pictures), and attend
project meetings to convey their findings and
observations. The daily inspection reports provide
documentation regarding specific decision and log
the Project’s progress. Depending on how the
specifications are written, the field inspector may be
tasked with recording (if not verifying) all
compliance with various regulatory Agency
requirements (supported by photos and
documentation).
Technical and Permitting Support
Assisting our lead Project Manager, Tom Dugan for
the River Walk South Extension Project and OnCall Project Management for Capital Improvement Projects will be principal and Senior level staff from
D&A. Tom will provide the day-to-day overall
management for City projects. However, we
anticipate the need for specific and specialized help
in the management and review of these projects. For
permitting process management and review Tom will
look for help from Sara Rogers, Joe Domenichelli and
Brian Hammer, all with extensive experience with
flood control agencies, State and Federal regulatory
agencies and environmental documentation reviews
and permitting processes.
Relative to design reviews, Mr. Dugan and all of our
principal and senior engineers listed in the proposal,
have been involved with a multitude of small- and
large-scale CIP projects for municipalities. We have
several on-call services contracts throughout the
region to assist agencies with projects similar to West Sacramento.
Our cost proposal will reflect an appropriate amount
of D&A staff support to assist Mr. Dugan with his
primary role as lead Project Manager for the tasks
describe in the RFP.
56 CITY OF WEST SACRAMENTO
Proposal for Engineering Consulting Services RFP NO 22-037 June 2021 DOMENICHELLI & ASSOCIATES
3.5 Cost Proposal
The D&A cost proposal reflects costs for a Senior Level PE assuming 20-hours per week for two-years. D&A is amenable to increasing hours based on Project needs. This rate as well as all D&A rates include all overhead and profit, anticipated vehicle/equipment usage, copying, etc. Furthermore, any charges to meet the City’s insurance requirements have been incorporated into these rates. If the City identifies additional projects that require project management, additional D&A staff are available to assist the City at the hourly rates listed below.
D&A acknowledges the City reserves the right to extend the Contract up to 2 additional 1-year terms, upon the same terms and conditions as parties agree to in the Contract. At least 60 calendar days prior to the commencement of each Extension, parties may agree to an adjustment in rates for the Scope of Work. Rate adjustments shall not exceed the aggregate change in the Consumer Price Index, Pacific Cities, West – Size Class B/C, published by the U.S. Department of Labor, ending each year, or Extension, of the Contract.
If there is outstanding work within the Scope of Work at the end of the term of the Contract, D&A agrees to continue to provide the services on a month-to-month basis, not to exceed 6 months, at the same cost, terms and conditions in effect at the termination of the Contract. .
57 Attachment 1
EXHIBIT C
CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
[Labor Code § 1861]
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
CONSULTANTS
By:
Joseph Domenichelli, President
58 CITY COUNCIL AGENDA REPORT
MEETING DATE: October 19, 2022 ITEM # 7
SUBJECT:
CONSIDERATION OF RESOLUTION 22-126 REQUESTING AUTHORIZATION TO EXECUTE AND SUBMIT AN FISCAL YEAR 2022/23 TRANSPORTATION DEVELOPMENT
ACT CLAIM TO THE SACRAMENTO AREA COUNCIL OF GOVERNMENTS INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Stephanie Chhan, Senior Transportation Planner
Community Development Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action
OBJECTIVE
This report's purpose is to request City Council authorization to execute and submit the 2022/2023 Transportation Development Act (TDA) Claim to the Sacramento Area Council of Governments.
RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt Resolution 22-126 requesting authorization to execute and submit the FY 2022/23 Transportation Development Act claim to the Sacramento Area Council of Governments.
BACKGROUND
The Transportation Development Act (TDA) is administered by the California Department of Transportation (Caltrans) and provides two sources of public transportation funding for local governments: Local Transportation Funds (LTF) and State Transit Assistance (STA) funds. The funds are intended for the development and support of public transportation needs that exist in California and are allocated to counties based on population, taxable sales and transit performance. LTF funds are primarily intended to support public transit services, but can support a wide variety of transportation programs including planning activities, pedestrian and bicycle facilities, road rehabilitation or other community transit, bus and rail projects. However, STA funds have more restrictive criteria and regulations that must be met in order to fund eligible expenses. Unlike LTF, STA funds may not be allocated for fund administration, streets, roads, or pedestrian/bicycle facility purposes.
The City must annually submit a claim for review and approval by the SACOG Board of Directors to claim its allocation of TDA funds. Upon SACOG approval of the TDA Claim, Yolo County disburses the allocation request to the City. West Sacramento anticipates $4,617,345 in FY 2022/23 TDA fund revenues, per the Yolo County Estimated Findings of Apportionment updated in September 2022, in addition to a $3,911,262.13 fund balance carried over from prior years.
ANALYSIS
The attached FY 2022/23 SACOG TDA Claim Packet (Attachment 2) reflects the FY 2022/23 projected expenses summarized in the table below.
FY 2022/23 Projected TDA Expenses Amount Source
YCTD Fixed Route Services $2,720,000 LTF
YCTD ADA Paratransit Services $285,000 STA
Bus Shelter & Yard Maintenance $30,000 LTF
Via On-Demand Transit Services $2,484,601 LTF
Transit Planning & Coordination $192,272 STA
SACOG Annual Planning Fees $118,767 LTF
TOTAL $5,830,640.00
Given reconciliation of the FY21-22 Via On-Demand Transit Services budget, in addition to the $2,049,205 of TDA funds allocated by the City Council on June 15, 2022, staff is requesting $345,986.25 to support the FY22- 23 Via On-Demand Transit Services contract with NoMad Transit. Staff is also requesting $34,409.75 to cover prior year TDA rollover deficit, $5,000 to support miscellaneous Via operations, and $50,000 in LTF funds to support the Via services for the Broderick/Bryte Transportation Pilot. In total, staff is requesting $2,484,601 in LTF funds to support the operations of the Via On-Demand Transit Services. 59 Resolution 22-126 FY 22/23 TDA Claim
October 19, 2022
Reconciliation of prior year budgets of staff time for Transit Planning & Coordination indicated that the City had overspent by a total of $77,272.00 in staff costs to administer the program since the beginning of the Via service.
Therefore, in addition to the $115,000 funds allocated by the City Council on June 15, 2022 for city staff time & materials for the On-Demand Rideshare Service, staff is requesting $77,272.00 in STA funds to cover prior year expenses that exceeded the prior year TDA claims totaling a $192,272.00 in STA funds.
Fund balances from previous years are requested to pay for the FY 2022/23 TDA claim expenses. The table below summarizes current allocations, claims, and remaining reserve fund balances for FY 2022/23.
Carry Over from
Previous Years
FY 2022/2023
TDA Allocation
FY 2022/2023
Total Available
FY 2022/2023
TDA Claim Expenses
FY 2022/2023
Remaining Balance
LTF $2,204,881.13 $3,958,904 $6,163,785.13 ($5,353,367.99) $810,417.14 STA $1,706,381.00 $658,441 $2,364,822.00 ($477,272.01) $1,887,549.99 TDA
Totals $3,911,262.13 $4,454,808 $8,528,607.13 ($5,830,640) $2,697,967.13 Environmental Considerations
Not applicable.
Commission Recommendation
Not applicable.
Strategic Plan Integration
Approving the submission of the annual TDA Claim supports the City’s mission to provide quality municipal services and inspire community improvements that add value to the lives of our residents, and directly implements the City’s Strategic Plan goals of fostering Sustainable Mobility Systems through the provision of convenient and sustainable transportation choices, supports climate goals by encouraging shared trips to help reduce greenhouse gas emissions, and preserve inclusive economic development strategies by connecting residents and workers to opportunities through affordable transportation services.
Alternatives
1) Authorize staff to submit the TDA Claim to SACOG as presented herein. 2) Direct staff to modify the TDA Claim and return to City Council for further consideration. 3) Reject staff’s request to submit the TDA Claim to SACOG and provide staff with direction on next steps.
Staff recommends Alternative 1 as to not delay funding for city services.
Coordination and Review
This report and the FY 2022/23 TDA Claim was coordinated by the Transportation & Mobility Division of the Community Development Department, in conjunction with the YCTD budget process and City Council approved West Sacramento On-Demand Rideshare program budget. Review was conducted by the City’s Finance and Technology Department and SACOG staff.
Budget/Cost Impact
As of FY 2022/23, the current TDA fund balance was accrued as a receivable with SACOG for $8,528,607.13.
The approval of this report will authorize the City to submit a claim to draw $5,830,640 for FY 2022/23 budgeted expenses, leaving an unearned remaining balance of $2,697,967.13 for future public transportation and other eligible costs. The City Council previously approved an allocation of up to $2,049,205 toward the Via On-Demand Rideshare program and $115,000 for the transit planning and coordination in FY 2022/23 operating costs on June 15, 2022, which is reflected in this claim and is not duplicative. Staff has reconciled budgets and made changes to the Via On Demand Rideshare Program and the transit planning and coordination costs, as reflected in the agenda report.
ATTACHMENT(S)
Attachment 1 – Resolution 22-126 Requesting Authorization to Execute and Submit FY 2022/23 TDA Claim to the Sacramento Area Council of Governments (SACOG) for Approval Attachment 2 – Amended FY 2022/23 TDA Claim Packet
60 Resolution 22-126 FY 22/23 TDA Claim
October 19, 2022
Attachment 3 – SACOG FY 2022/23 LTF Findings of Apportionment and STA Allocation 61 ATTACHMENT 1
RESOLUTION 22-126
A RESOLUTION OF THE CITY COUNCIL OF WEST SACRAMENTO PROVIDING AUTHORIZATION TO EXECUTE AND SUBMIT THE FY 2022/23 TRANSPORTATION
DEVELOPMENT ACT (TDA) CLAIM TO THE SACRAMENTO AREA COUNCIL OF
GOVERNMENTS (SACOG)
WHEREAS, the State of California enacted the Transportation Development Act (TDA) in 1972 to provide funds for transportation needs each fiscal year; and WHEREAS, Section 99260 of the Public Utilities Code requires local agencies to file an estimated claim of transportation needs for each fiscal year with the Regional Transportation Planning Agency; and
WHEREAS, the Sacramento Area Council of Governments (SACOG) is the designated Regional Transportation Planning Agency to receive such claims for approval pursuant to the rules and regulations adopted by the Secretary of the Business and Transportation Agency; and
WHEREAS, SACOG has adopted a finding of apportionment for Local Transportation Funds and an allocation of State Assistance Funds for Fiscal Year 2020/21; and
WHEREAS, the City of West Sacramento has identified $5,830,640 in transportation funding needs for Fiscal Year 2022/23.
NOW, THEREFORE, BE IT RESOLVED, that the attached Fiscal Year 2022/23 TDA Claim be hereby approved by the City Council for execution and submittal to SACOG by the City Manager, or his designee, for approval of the TDA Claim and appropriation of the associated funding.
PASSED AND ADOPTED by the City Council of the City of West Sacramento this 19th day of October 2022 by the following vote:
AYES:
NOES:
ABSENT:
___________________________________
Martha Guerrero, Mayor
ATTEST:
____________________________________
Jennifer Cusmir, City Clerk
62 ATTACHMENT 2
TRANSPORTATION
DEVELOPMENT ACT
CLAIM PACKET
Sacramento Area Council of Governments
1415 L Street. Suite 300
Sacramento, CA 95814
63 TRANSPORTATION DEVELOPMENT ACT
CLAIM CHECKLIST
Please check the following, items as being either included with the attached TDA claim package or are on file at SACOG.
Item Claimant Attached On file
TDA-1 Annual Transportation Development Claim All claimants ☒ N/A TDA-2 Project and Expenditure Plan (for the fiscal year of this claim and the prior fiscal year) All claimants ☒ N/A TDA-3 Status of Previously Approved Projects All claimants ☒ N/A TDA-4 Statement of Conformance All claimants ☒ N/A
TDA-5 TDA Claim Certification All claimants ☒ N/A
Resolution by governing body that authorized the claim All claimants ☒ N/A If Claimant is a Transit Agency or Jurisdiction is Contracting for Transit Service CHP Safety Compliance Report
(Completed within the past 13 months)
Claimants for
transit service ☐ ☐N/A
Adopted or proposed budget for the fiscal year of the claim
Claimants for
transit service ☐ ☒
Signed copy of transit service contract Claimants for transit service ☐ ☒
Area wide transfer agreement, resolution
Claimants that
allow intersystem transfers
☐ ☒
Information establishing eligibility under efficiency criteria – STA Operator Qualifying Criteria calculation based on Section 99314.6
Claimants for
revenue-based
STA funds
☐ ☒
Certification that claim is consistent with Capital
Improvement Program
Claimants for
bike/ped facilities ☐ ☐N/A
Compliance with PUC Sec. 99155 & 99155.5 Claimants for transit service ☐ ☒
Copy of Ten Year Capital & Operations Program Claimants for transit service ☐ ☐N/A
64 TDA-1
TRANSPORTATION DEVELOPMENT ACT CLAIM
TO: Sacramento Area Council of Governments
1415 L Street, Suite 300
Sacramento, CA 95814
FROM: Claimant City of West Sacramento__________________ Address 1110 West Capitol Avenue__________________
City West Sacramento_______ Zip Code 95691______
Contact Person Stephanie Chhan/Holly Lyon__________
Phone (916) 617-5306___ Email [email protected] [email protected]
The above claimant hereby requests, in accordance with authority granted under the Transportation Development Act and applicable rules and regulations adopted by the Sacramento Area Council of Governments (SACOG), that its request for funding be approved as follows:
LTF $2,204,881.13____________________________ (FY 2021/2022) $3,148,486.86 (FY 2022/2023)
(FY / )
STA $38,316.00 (FY 2017/2018)
$438,956.01 (FY 2018/2019)
STA-SGR (FY / )
(FY / )
(Specify STA and/or STA-SGR)
Submitted By Stephanie Chhan
Title Senior Transportation Planner
Date
65 TDA-2
ANNUAL PROJECT AND EXPENDITURE PLAN
Claimant: City of West Sacramento Fiscal Year: 2022/23
SOURCES OF FUNDING
Project Title and TDA
Article Number TDA
LTF
TDA
STA
TDA
STASGR
Transit
Fares
Measure
A
Road
Fund
Developer
Fees/Const.
Tax
Federal/
State
Other TOTAL
YCTD Fixed Route
Service. Article 8 Section
99400 (c) / Article 4
Section 6731 (b)
$2,720,000 $2,720,000
YCTD ASA Paratransit
Planning & Operations.
Article 4 Section 6731 (b)
$285,000 $285,000
Bus Shelter Maintenance.
Article 8 Section 99260 (a) $30,000 $285,000
Via On-Demand Transit
Planning & Operations.
Article 8 Section 99400 (c)
$2,484,600.99 $69,013.75 $2,553,614.74
Local Transit Planning &
Coordination.
Article 4 Section 6721 (b)
$192,272.01 $192,272.01
SACOG Planning $118,767 $118,767
TOTAL REQUEST $5,353,367.99 $477,272.01 $ $69,013.75 $ $ $ $ $ $5,899,653.75 66 TDA-3
STATUS OF PREVIOUSLY APPROVED PROJECTS
Instructions: Describe the status of all prior fiscal year TDA claim projects and any projects from previous years, which are still active.
Include both operating and capital projects
Approved amounts should be as specified in TDA claims approved by SACOG Expenditures should be to date
Project status should be either "Complete" or "Active" Fiscal
Year Project Title Amount Approved Expenditures Project Status 16/17 STA FY 21/22 Local Transit
Planning &
Coordination
$115,000 $115,000 Complete
16/17 STA FY 21/22 ADA
Paratransit
Operations & Planning
$12,252 $12,252 Complete
17/18 STA FY 21/22 ADA
Paratransit
Operations & Planning
$272,977 $272,977 Complete
20/21 LTF FY 21/22 Yolobus
Operations
$2,201,567 $2,201,567 Complete
20/21 LTF FY 21/22 Via OnDemand
Transit Planning &
Operations
$681,219 $681,219 Complete
21/22 LTF FY 21/22 Via OnDemand
Transit Planning &
Operations
$996,186.87 $996,186.87 Complete
21/22 LTF FY 21/22 Bus Shelter
Maintenance
$33,000 $33,000 Complete
21/22 LTF FY 21/22 SACOG
Planning
$100,023 $100,023 Complete
TOTAL $4,412,224.87 $4,412,224.87
67 TDA-4
STATEMENT OF CONFORMANCE
Form TDA-4 must be completed and signed by the Administrative Office of the submitting claimant.
The City of West Sacramento hereby certifies that the Transportation Development Act claim for fiscal year(s) 2022/23 in the amount of $ $5,353,367.99 (LTF), $ $477,272.01 (STA) and $_0 (STA-SGR) for a total of $ $5,830,640 conforms to the requirements of the Transportation Development Act and applicable rules and regulations. (See Attachment A for listing of conformance requirements)
Certified by Chief Financial Officer
Title Director of Finance and Technology
Date
68 TDA-5
TDA Claim Certification Form
I, Roberta Raper, Chief Finance Officer for the City of West Sacramento, do hereby attest, as required under the California Code of Regulations, Title 21, Division 3, Chapter 2, Section 6632, to the reasonableness and accuracy of the following:
(a) The attached budget or proposed budget for FY 2022/2023. (b) The attached certification by the Department of the California Highway Patrol verifying that YCTD is in compliance with Section 1808.1 of the Vehicle Code, as required in Public Utilities Code Section 99251. (c) The estimated amount of $5,830,640 maximum eligibility for moneys from the local transportation fund and the state assistance fund, as defined in Section 6634, is $5,830,640_. (Signature) Chief Financial Officer
City of West Sacramento
(Agency Name)
(Date)
69 ATTACHMENT A
CONFORMANCE - TDA CLAIMANTS
Standard Assurances
1) 180-Day Certified Fiscal Audit (Applies to all claims; SACOG administers fiscal audits for all operators in the region, with the exception of the Sacramento Regional Transit District) -Assurance that the claimant has submitted a satisfactory independent fiscal audit, with required certification, to SACOG and to the State Controller not more than 180 days after the end of the prior fiscal year (Sections 99245 and 6664). 2) 90-Day Annual State Controller Report (Applies to all transit claims) – Assurance that claimant has submitted this report to the State Controller in conformance with the uniform system of accounts and record not more than 90 days after the end of the prior fiscal year (110 days for electronically submissions) (Section 99243). Claimant should also supply a copy of the State Controller report (SCR) to SACOG no more than 120 days after the end of the prior fiscal year.
3) Use of Federal Funds (Applies to all Article 4 claims) – Claimant filing a claim for TDA funds for capital intensive projects pursuant to Section 99268.7 certifies that is has made every effort to obtain federal funding for any project which is funded pursuant to Section 99268.7. Claimant qualifying for funds pursuant to Section 99268.1 and tiling a claim for TDA funds in excess of the amount allowed by Section 99268 certifies that such funds are required in order to obtain maximum federal operating funds in the year such funds are claimed pursuant to Section 6633.1. 4) Elderly/Disabled (Applies to all transit claims) – That the transit operator is question is in compliance with Section 99155 pertaining to reduced transit fares for elderly and disabled persons and Section 99155.5 pertaining to dial-aride and paratransit services. 5) Farebox Recovery Ratio Requirements (Applies to all transit claims) – Claimant filing a claim for LTF or STA funds certifies that it will maintain for the project that ratio of fare revenues and local support to operating cost required under Sections 99268 (including all subparts), 99270.1, 99270.2, 99270.6, and under the “Farebox Requirements for Urbanized and Non-Urbanized Service’ adopted by the SACOG Board of Directors on March 18, 1982, whichever is appropriate.
Exceptions:
6) 50% Expenditure Limitation (Applies only to claims for LTF) – Claimant certifies that it was in compliance with Section 99268 certifying that it (the claim) will not exceed 50% of the amount required to meet operating, maintenance, capital and debt service costs of the transit system after deduction of approved federal grants and STA funds estimated to be received for the system. (A claimant can received up to 100% of capital costs for gradeseparated mass transit projects under Section 99268 and 99281, for capital intensive transit-related projects under Section 99268.7. and for extension of services under Section 6619.1 and 6633.8) 7) Extension of Services (Applies only to LTF claims) - Claimant who received an allocation of LTF funds for extension of service pursuant to Section 99268.8 certifies that it will file a report of these services pursuant to Section 6633.8(b) within 90 days after close of the fiscal year in which that allocation was granted. 70 8) Retirement System (Applies only to LTF claims) - Claimant certifies that (1) the current cost of its retirement system is fully funded with respect to the officers and employees of its public transportation system; or (2) the operator is implementing a plan approved by SACOG which will fully find the retirement system for such officers and employees within 40 years; or (3) the operator has a private pension plan which sets aside and invests, on a current bases, funds sufficient to provide for the payment of future pension benefits and which is fully compliant with the requirements stated in Section 99272 and 99273.
9) Maximum Use of Local Transportation Funds (Applies only to Sacramento Regional Transit District STA claim) - That the operator is receiving the maximum allowable amount from the Local Transportation Fund. 10) Part-Time Employees (Applies only to claims for STA) - Claimant certifies that it is not precluded by any contract entered into on or after June 28, 1979 from employing part-time drivers or contracting with common carriers of persons operating under a franchise or license. Claimant further certifies that no person who was a full-time employee on June 28, 1979 shall have his/her employment terminated or his/her regular hours of employment, excluding overtime, reduced as a result of it employing part-time drivers or contracting with such common carriers. 11) Conformance with the Metropolitan (Regional) Transportation Plan (Applies only to claims for STA) - Claimant certifies that all of the purposes for claim expenditures are in conformance with the current Short Range Transit Plan, which is an appendix to the Metropolitan (Regional) Transportation Plan. 12) Full Use of Federal Funds (Applies only to STA claims) - Claimant certifies that it is making full use of federal funds available under the Urban Mass Transportation Act of 1964, as amended. 13) Implementation of Productivity Improvements (Applies only to STA claims) - Claimant certifies that the operator has made a reasonable effort to implement the productivity improvements recommended pursuant to Section 99244. 71 Attachment A
County's Estimated June 30, 2022 Balance $0
Local Transportation Fund Income 2022-2023 $90,000,000
Less: County Administrative Costs -$22,000
Less: SACOG Administrative Costs -$1,005,054
Balance for Allocation $88,972,946
Jurisdication Population 1/
% of Total
Population
County
Finding of
Apportionment
SACOG
Planning
Available to
Jurisdiction
Pedestrians
& Bicycles 2/
Available to
Jurisdiction for
Article 4 and
Article 8
Sacramento County
(Unincorporated) 610,442 38.51% $34,265,576 $53,454 $34,212,122 $685,312 $1,692,719 Citrus Heights 87,583 5.53% $4,916,244 $0 $4,916,244 $98,325 $0 Elk Grove 176,124 11.11% $9,886,263 $0 $9,886,263 $197,725 $0 Folsom 80,454 5.08% $4,516,076 $0 $4,516,076 $90,322 $0 Galt 25,383 1.60% $1,424,809 $42,744 $1,382,065 $28,496 $1,353,568 Isleton 794 0.05% $44,569 $1,337 $43,232 $891 $42,341
Rancho Cordova 79,332 5.00% $4,453,096 $0 $4,453,096 $89,062 $0 City of Sacramento 524,943 33.12% $29,466,312 $0 $29,466,312 $589,326 $0 TOTALS 1,585,055 100.00% $88,972,946 $97,536 $88,875,410 $1,779,459 $3,088,628 Jurisdication
Finding of
Apportionment
Finding of
Apportionment
Less Ped &
Bicycle
% of Population
Within
SRTD District
Allocation of
Finding of
Apportionment
SACOG
Planning
Amount
Available for To
Paratransit, Inc.
Amount
Available To
SRTD
Sacramento County
(Unincorporated) $34,265,576 $33,580,265 94.8% $31,834,091 $974,513 $1,591,705 $29,267,873 Rancho Cordova $4,453,096 $4,364,034 100% $4,364,034 $133,593 $218,202 $4,012,239 City of Sacramento $29,466,312 $28,876,986 100% $28,876,986 $883,989 $1,443,849 $26,549,147 City of Citrus Heights $4,916,244 $4,817,919 100% $4,817,919 $147,487 $240,896 $4,429,536 City of Folsom $4,516,076 $4,425,755 100% $4,425,755 $135,482 $221,288 $4,068,985 City of Elk Grove $9,886,263 $9,688,538 100% $9,688,538 $296,588 $484,427 $8,907,523 TOTALS $87,503,568 $85,753,496 $84,007,323 $2,571,653 $4,200,366 $77,235,304 PI-30% $1,260,110
SacRT=70% $2,940,256 $80,175,560
Regional Transit $80,175,560
Paratransit $1,260,110
SACOG $2,669,188
Ped/Bike $1,779,459
Other Jurisdictions $3,088,628
Total $88,972,946
1. Sources: Report E-5, Department of Finance, Demographic Research Unit, 8-1-2020
2. Amount available to jurisdictions for pedestrian and bicycle purposes (Article 3,Section 99233.3)
COUNTY OF SACRAMENTO
March 2022
FINDINGS OF APPORTIONMENT
LOCAL TRANSPORTATION FUNDS (LTF)
Fiscal Year 2022-2023
SACRAMENTO REGIONAL TRANSIT DISTRICT and PARATRANSIT
Sac County; 1:19 PM2/22/2022 FY 22-23 LTF-FOA-4-County.xlsx ATTACHMENT 3
72 Attachment A
County's Estimated June 30, 2022 Balance $2,189,297
Local Transportation Fund Income 2022-2023 5,807,305
Less: County Administrative Costs -2,500
Less: SACOG Administrative Costs -89,294
Balance for Allocation $7,904,808
Jurisdication Population 1/
% of Total
Population
County
Finding of
Apportionment
SACOG
Planning
Available to
Jurisdiction for
Article 4 and
Article 8 2/
Sutter County
(Unincorporated) 20,410 20.49% $1,619,314 $48,579 $1,570,735 Live Oak 9,106 9.14% $722,463 $21,674 $700,789
Yuba City 70,117 70.38% $5,563,030 $166,891 $5,396,140
TOTALS 99,633 100.00% $7,904,808 $237,144 $7,667,664
1. Sources: Report E-5, Department of Finance, Demographic Research Unit, 8-1-2020
COUNTY OF SUTTER
FINDINGS OF APPORTIONMENT
LOCAL TRANSPORTATION FUNDS (LTF)
2. Funds available for projects and programs under Article 4 and Article 8.
All or a portion may be available to the Sutter County depending on outcome of unmet needs finding.
March 2022
Fiscal Year 2022-2023
Sutter; 1:19 PM2/22/2022 FY 22-23 LTF-FOA-4-County.xlsx 73 Attachment A
County's Estimated June 30, 2022 Balance $3,637,004
Local Transportation Fund Income 2022-2023 12,442,668
Less: County Administrative Costs -10,000
Less: SACOG Administrative Costs -179,498
Balance for Allocation $15,890,174
Jurisdication Population 1/
% of Total
Population
County
Finding of
Apportionment
SACOG
Planning
Available to
Jurisdiction for
Article 4 and
Article 8 2/
Yolo County
(Unincorporated) 27,491 12.70% $2,018,626 $60,559 $1,958,067 Davis 66,850 30.89% $4,908,703 $147,261 $4,761,442
West Sacramento 53,915 24.91% $3,958,904 $118,767 $3,840,137 Winters 7,115 3.29% $522,445 $15,673 $506,771
Woodland 61,032 28.20% $4,481,496 $134,445 $4,347,051
TOTALS 216,403 100.00% $15,890,174 $476,705 $15,413,469
COUNTY OF YOLO
FINDINGS OF APPORTIONMENT
LOCAL TRANSPORTATION FUNDS (LTF)
2. Funds available for projects and programs under Article 4 and Article 8.
All or a portion may be available to the Yolo County depending on outcome of unmet needs finding.
1. Sources: Report E-5, Department of Finance, Demographic Research Unit, 8-1-2020 Fiscal Year 2022-2023
March 2022
Yolo; 1:19 PM2/22/2022 FY 22-23 LTF-FOA-4-County.xlsx 74 Attachment A
County's Estimated June 30, 2022 Balance $239,839
Local Transportation Fund Income 2022-2023 2,760,161
Less: County Administrative Costs -750
Less: SACOG Administrative Costs -33,502
Balance for Allocation $2,965,748
Jurisdication Population 1/
% of Total
Population
County
Finding of
Apportionment
SACOG
Planning
Available to
Jurisdiction for
Article 4 and
Article 8 2/
Yuba County
(Unincorporated) 65,019 79.70% $2,363,837 $70,915 $2,292,922 Marysville 12,844 15.75% $466,958 $14,009 $452,949
Wheatland 3,712 4.55% $134,954 $4,049 $130,905
TOTALS 81,575 100.00% $2,965,748 $88,972 $2,876,776
1. Sources: Report E-5, Department of Finance, Demographic Research Unit, 8-1-2020
FINDINGS OF APPORTIONMENT
LOCAL TRANSPORTATION FUNDS (LTF)
COUNTY OF YUBA
2. Funds available for projects and programs under Article 4 and Article 8.
All or a portion may be available to the Yuba County depending on outcome of unmet needs finding.
March 2022
Fiscal Year 2022-2023
Yuba; 1:19 PM2/22/2022 FY 22-23 LTF-FOA-4-County.xlsx 75 County Administration
Fees Planning Fees Total Fees
Sacramento $1,005,054 $2,669,189 $3,674,243
Sutter $89,294 $237,144 $326,438
Yolo $179,498 $476,705 $656,203
Yuba $33,502 $88,972 $122,474
Total $1,307,348 $3,472,010 $4,779,358
Fiscal Year 2022-2023-March
76 Attachment A
POPULATION
AS A ALLOCATION 2/ ALLOCATION 2/ STA
JURISDICTION POPULATION 1/ % OF TOTAL PUC 99313 PUC 99314 Total
SACRAMENTO COUNTY
Unincorporated 610,442 30.79% $5,614,773 3/ $76,682 $5,691,455 Citrus Heights-SacRT 87,583 4.42% $805,578 4/ $805,578
Elk Grove-SacRT 176,124 8.88% $1,619,968 4/ $137,331 $1,757,299 Folsom-SacRT 80,454 4.06% $740,006 4/ $0 $740,006
Galt 25,383 1.28% $233,470 $233,470
Isleton 794 0.04% $7,303 $7,303
Rancho Cordova-SacRT 79,332 4.00% $729,686 4/ $729,686
Sacramento-SacRT 524,943 26.48% $4,828,364 4/ $4,828,364 Sacramento Regional Transit District NA NA NA $5,572,728 $5,572,728
YOLO COUNTY
Unincorporated 27,491 1.39% $252,859 $252,859
Davis 66,850 3.37% $614,878 $190,734 $805,612
West Sacramento 53,915 2.72% $495,904 $495,904
Winters 7,115 0.36% $65,443 $65,443
Woodland 61,032 3.08% $561,365 $561,365
Yolo County Transportation District NA NA NA $302,446 $302,446
SUTTER COUNTY
Unincorporated 20,410 1.03% $187,729 5/ $187,729
Live Oak 9,106 0.46% $83,756 5/ $83,756
Yuba City 70,117 3.54% $644,928 5/ $644,928
YUBA COUNTY
Unincorporated 65,019 3.28% $598,037 5/ $598,037
Marysville 12,844 0.65% $118,138 5/ $118,138
Wheatland 3,712 0.19% $34,143 5/ $34,143
Yuba-Sutter Transit Authority NA NA NA $86,638 $86,638
TOTAL 1,982,666 100.00% $18,236,327 6/ $6,366,559 $24,602,886 % in RT District Transfer to SRTD Sacramento County
County of Sacramento Total $5,614,773 94.8% $5,322,805 $291,968 Rancho Cordova City Total $729,686 100.0% $729,686
Sacramento City Total $4,828,364 100.0% $4,828,364
Citrus Heights City Total $805,578 100.0% $805,578
Folsom City Total $740,006 100.0% $740,006
Elk Grove City total $1,619,968 100.0% $1,619,968
Available to SRTD $14,046,407 Total $14,046,407 $137,331 Elk Grove Available to County of Sacramento $291,968 99314 $5,710,059 $5,572,728 SacRT Available to Yuba-Sutter Transit Authority $1,753,369 Total Allocation 19,756,466
1. Sources: Report E-5, Department of Finance, Demographic Research Unit,8-1-2021
2. Entire amount must be used for transportation planning and mass transportation purposes.
3. 94.8% is reserved for Sacramento Regional Transit District. 4. 100% is reserved for Sacramento Regional Transit District.
5. 100% is reserved for Yuba-Sutter Transit Authority. 6. This is the total PUC Section 99313 Allocation to SACOG for the fiscal year 99314
March 2022
SACRAMENTO AREA COUNCIL OF GOVERNMENTS
Regional Share of Statewide PUC Allocation: $24,602,886
ALLOCATION OF STATE TRANSIT ASSISTANCE FUNDS (STA)
FY 2022-2023
PUBLIC UTILITY CODE SECTION 99313 & 99314
993135:16 PM:2/20/2022 FY 22-23 STA Allocation-2022.xls 77 CITY COUNCIL AGENDA REPORT
MEETING DATE: October 19, 2022 ITEM # 8
SUBJECT:
CONSIDERATION OF FIRST READING OF ORDINANCE 22-20 AMENDING CHAPTER 15.12 AND REPEALING AND RE-ENACTING CHAPTER 15.14 OF THE CITY OF WEST SACRAMENTO MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2022
CALIFORNIA BUILDING STANDARDS CODE WITH LOCAL AMENDMENTS INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Roxanna Recinos-Serna, Chief Building Official
Community Development Department
Bryan Jonson, Fire Marshal
Fire Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action
OBJECTIVE
The objective of this report is for City Council to conduct the first reading of Ordinance 22-20 which would amend Chapter 15.12 and repeal and enact Chapter 15.14 of the City of West Sacramento Municipal Code, to incorporate the 2022 California Building Standards and local amendments.
RECOMMENDED ACTION
Staff respectfully recommends that the City Council waive the first reading, and read by title and number only, Ordinance 22-20 amending Chapter 15.12 and repealing and enacting Chapter 15.14 of the City of West Sacramento Municipal Code to adopt by reference the 2022 California Building Standards Code with local amendments.
BACKGROUND
As part of its periodic review of fire, property and building codes, the California Building Standards Commission published the 2022 California Building Standards Code (California Code of Regulations Title 24) on July 1, 2022.
The 2022 California Building Standards Code (CBC) is based on the 2021 International Building Code (IBC), published by the International Code Council (ICC). The 2022 California Building Standards Code will automatically become effective in California on January 1, 2023, as published, unless local amendments are adopted by Council prior to January 1, 2023.
In 2019, the Council adopted the 2019 California Building Standards Code with local amendments to make the code more responsive to the unique topographical, geological, and climatic features of West Sacramento. It is respectfully recommended that the Council consider similar amendments to the 2022 California Building Standards Code. The local amendments in this triennial code cycle are not new and reiterate the amendments adopted in 2019. The Building Code amendments clarify application of fees per the City’s book of fees and the Fire Code amendments have been carried forward from the 2019 Fire Code amendments with minor changes in the numbering structure. Fire and Building Code amendments that are no longer applicable and/or duplicative have been removed. In 2019, the Council adopted the building and fire codes under Ordinance 19-11. The 2022 California Building Standards Code is being presented tonight for consideration under Ordinance 22-20.
ANALYSIS
2022 California Building Code
Every three years the Title 24 California Building Standards Codes are revised, updated, and published by the California Building Standards Commission to include new construction practices, promote better building performance, and provide improved fire and life safety in buildings. This code shall be the exclusive source of regulations for any owner or authorized agent who intends to construct, enlarge, alter, repair, move, replace, demolish, or change the equipment, change the use and occupancy, change the location, maintain. or remove any building, structure or any appurtenances connected or attached to such buildings or structures throughout the City of West Sacramento.
The 2021 International Property Maintenance Code is being considered to strengthen and support the City of West Sacramento Municipal Code, Title 19, Nuisance Abatement Code. This code complements the provisions for substandard and dangerous buildings specified in Part 10, Existing Buildings, of the 2022 California Building Code.
78 First Reading of Ordinance 22-20
October 19, 2022
In brief, the Ordinance 22-20 includes the following codes:
A. The 2022 California Administrative Code, Title 24, Part 1, Chapters 4 (Article 1 Essential Services Buildings & Article 3 Local Buildings), and 10 only.
B. The 2022 California Building Code, Title 24, Part 2, Volumes 1 and 2 of the California Code of Regulations, including the entire following Chapter: Volume 1 of 2, Chapter 1, Scope and Administration, Division I and Division II, as further amended herein, Volume 2 of 2, Chapter 31 (Special Construction), including the following Appendices: Appendix F (Rodent proofing), Appendix H (Signs), Appendix I (Patio Covers), Appendix J (Grading) and Appendix P (Emergency Housing). The following sections are hereby revised:
a. Volume 1 of 2, Section 101.1 Title. Insert The City of West Sacramento.
C. The 2022 California Residential Code, Title 24, Part 2.5 of the California Code of Regulations, including the following Appendices: Appendix AH (Patio Covers), Appendix AI (Private Sewage Disposal), Appendix AJ (Existing Buildings and Structures), Appendix AO (Automatic Vehicular Gates), Appendix AQ (Tiny Houses), Appendix AX (Swimming Pool Safety Act) and Appendix AZ (Emergency Housing).
D. The 2022 California Electrical Code, Title 24, Part 3 of the California Code of Regulations.
E. The 2022 California Mechanical Code, Title 24, Part 4 of the California Code of Regulations.
F. The 2022 California Plumbing Code, Title 24, Part 5 of the California Code of Regulations, including Table 4-1 (Chapter 4).
G. The 2022 California Energy Code, Title 24, Part 6 of the California Code of Regulations.
H. The 2022 California Historical Code, Title 24, Part 8 of the California Code of Regulations.
I. The 2022 California Fire Code, Title 24, Part 9 of the California Code of Regulations as further amended herein.
J. The 2022 California Existing Building Code, Title 24, Part 10 of the California Code of Regulations, including the following Sections: Sections 107, 111, 113, 114, 115, 116 and 117.
K. The 2022 California Green Building Standards Code, Title 24, Part 11 (CALGreen) of the California Code of Regulations.
L. The 2022 California Referenced Standards Code, Title 24, Part 12 of the California Code of Regulations.
M. The International Property Maintenance Code, 2021 edition, as published by the International Code Council including Appendix A Boarding Standard and as further amended herein. The following sections are hereby revised:
a. Section 101.1. Insert City of West Sacramento
b. Section 102.3 Application of other codes is hereby amended to read as follows:
i. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of NFPA 70 and the 2022 California Building Code, Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 9, 10 11 and 12 as amended herein. c. Section 103.1. Insert City of West Sacramento
d. Section 302.4. Insert twelve inches (12”)
e. Section 304.14. Insert October 1st to May 1st
f. Section 602.3. Insert October 1st to May 1st
g. Section 602.4. Insert October 1st to May 1st
The findings that will allow the Council to make the amendments to the 2022 California Building Standards Codes are included in Ordinance 22-20.
79 First Reading of Ordinance 22-20
October 19, 2022
The codes, as proposed, will be amended to establish the minimum requirements to safeguard the public health, safety, and general welfare through structural strength, means of egress, facility stability, access to persons with disabilities, sanitation, adequate lighting and ventilation and energy conservation; safety to life and property from fire and other hazards attributed to the built environment; and to provide safety to fire fighters and emergency responders during emergency operations.
Therefore, it is respectively recommended that the council take actions outlined in the "Recommendations" section of this report.
2021 International Property Maintenance Code
The 2018 International Property Maintenance Code was adopted in the previous code adoption cycle (2019).
The Title 19 Nuisance Abatement Code of the City of West Sacramento Municipal Ordinance is amended to include the 2021 International Property Maintenance Code as included in this code update. 2022 California Fire Code
The 2022 California Fire Code, as is typical in previous cycles, provides three years’ worth of code updates that are generally prompted by improvements in fire prevention technology as well as fire loss experience. There are however some notable updates that include fire sprinkler requirements in future multi-story buildings, fire alarm system retrofits in existing R-1 (hotel/motel) occupancies, as well as new energy storage systems.
With regard to local amendments to the code, the Fire Department is not proposing any new requirements. We did alternatively remove a historical amendment that provided additional requirements to fire alarm system monitoring. After reviewing the historical amendment, we have determined that the model code and standards that regulate the subject are more than sufficient.
Environmental Considerations
Ordinance 22-20 is exempt from review of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15308 (Class 8). Class 8 involves actions and procedures taken by regulatory agencies for the maintenance, restoration, or protection of the environment.
Commission Recommendation
The 2022 Fire and Building Code adoption is a triennial update statewide. This update is not under the purview of City commissions and has not been presented to commissions in past updates.
Strategic Plan Integration
Ordinance 22-20 supports the City's 2022 Strategic Plan Strategies of providing Quality Municipal Services, Quality City Infrastructure and facilities, and helps our residents Feel Safe and Secure, Enjoy Comfortable Living, and Take Pride in Our Community.
Alternatives
If no action is taken the 2022 California Building Standards Code will become automatically effective on January 1, 2023 without the adoption of the 2021 International Property Maintenance Code and without local amendments that consider the unique topographical, geological and climatic features of West Sacramento.
Coordination and Review
The Fire, Public Works and Community Development Departments (Building and Code Divisions) have worked together preparing the proposed ordinance. The City Attorney's office has reviewed and commented on the proposed ordinance.
Budget/Cost Impact
The impact of using the code should remain minimal. The overall fiscal impact to the City as a result of adoption of the new codes is approximately $5,000.00 to cover the cost of new published code materials.
ATTACHMENT
1. Ordinance 22-20
80 955074.1 7203.16
Attachment 1
ORDINANCE 22-20
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO AMENDING CHAPTER 15.12 AND REPEALING AND RE-ENACTING CHAPTER 15.14 OF
THE CITY OF WEST SACRAMENTO MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2022 CALIFORNIA BUILDING STANDARDS CODE WITH LOCAL AMENDMENTS The City Council of the city of West Sacramento does ordain as follows:
Section 1 Purpose
The purpose of this ordinance is to prescribe regulations governing building standards and conditions hazardous to life and property by adopting portions of Title 24 of the California Code of Regulations, as amended herein.
Section 2 Amendment of Chapter 15.12
Chapter 15.12 of the City of West Sacramento Municipal Code is hereby amended to read as follows:
15.12.010 Title.
This chapter shall be known as the West Sacramento Building Code, and may be cited as such, and will be referred to herein as “this code.”
15.12.020 Application.
This code shall be the exclusive source of regulations for any owner or authorized agent who intends to construct, enlarge, alter, repair, move, replace, demolish, or change the equipment, change the use and occupancy, change the location, maintain or remove any building, structure or any appurtenances connected or attached to such buildings or structures throughout the City of West Sacramento.
15.12.030 Conflicts with Other Laws, Rules, Etc.
In the event of any conflict between this code and any state or federal law, rule or regulation, that requirement which establishes the higher standard of safety or accessibility shall govern. Failure to comply with such standard of safety or accessibility shall be a violation of this code.
15.12.040 Adoption of California Building Standards Codes.
The following is hereby adopted by reference and incorporated in this code, except as expressly amended or superseded by the provisions of this chapter:
A. The 2022 California Administrative Code, Title 24, Part 1, Chapters 4 (Article 1 Essential Service Buildings & Article 3 Local Buildings), and 10 only.
B. The 2022 California Building Code, Title 24, Part 2, Volumes 1 and 2 of the California Code of Regulations, including the entire following Chapter: Volume 1 of 2, Chapter 1, Scope and Administration, Division I and Division II, as further amended herein, Volume 2 of 2, Chapter 31 (Special Construction), including the following Appendices: Appendix F (Rodent proofing), Appendix H (Signs), Appendix I (Patio Covers), Appendix J (Grading) and Appendix P (Emergency Housing). The following sections are hereby revised:
81 Ordinance
a. Volume 1 of 2, Section 101.1 Title. Insert The City of West Sacramento.
C. The 2022 California Residential Code, Title 24, Part 2.5 of the California Code of Regulations, including the following Appendices: Appendix AH (Patio Covers), Appendix AI (Private Sewage Disposal), Appendix AJ (Existing Buildings and Structures), Appendix AO (Automatic Vehicular Gates), Appendix AQ (Tiny Houses), Appendix AX (Swimming Pool Safety Act) and Appendix AZ (Emergency Housing).
D. The 2022 California Electrical Code, Title 24, Part 3 of the California Code of Regulations.
E. The 2022 California Mechanical Code, Title 24, Part 4 of the California Code of Regulations.
F. The 2022 California Plumbing Code, Title 24, Part 5 of the California Code of Regulations, including Table 4-1 (Chapter 4).
G. The 2022 California Energy Code, Title 24, Part 6 of the California Code of Regulations.
H. The 2022 California Historical Code, Title 24, Part 8 of the California Code of Regulations.
I. The 2022 California Fire Code, Title 24, Part 9 of the California Code of Regulations as further amended herein.
J. The 2022 California Existing Building Code, Title 24, Part 10 of the California Code of Regulations, including the following Sections: Sections 107, 111, 113, 114, 115, 116 and 117.
K. The 2022 California Green Building Standards Code, Title 24, Part 11 (CAL Green) of the California Code of Regulations.
L. The 2022 California Referenced Standards Code, Title 24, Part 12 of the California Code of Regulations.
M. The International Property Maintenance Code, 2021 edition, as published by the International Code Council including Appendix A Boarding Standard and as further amended herein. The following sections are hereby revised:
a. Section 101.1. Insert City of West Sacramento
b. Section 102.3 Application of other codes is hereby amended to read as follows:
i. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of NFPA 70 and the 2022 California Building Code, Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11, and 12 as amended herein. c. Section 103.1. Insert City of West Sacramento
d. Section 302.4. Insert twelve inches (12”)
e. Section 304.14. Insert October 1st to May 1st
f. Section 602.3. Insert October 1st to May 1st
g. Section 602.4. Insert October 1st to May 1st
15.12.050 Interpretation.
The purpose of this code is to establish the minimum requirements to safeguard the public health, safety, and general welfare through structural strength, means of egress, 82 Ordinance
facility stability, access to persons with disabilities, sanitation, adequate lighting and ventilation and energy conservation; safety to life and property from fire and other hazards attributed to the built environment; and to provide safety to fire fighters and emergency responders during emergency operations.
15.12.060 Liability.
The provisions of this code shall not be construed as imposing upon the City of West Sacramento any liability or responsibility for damage to persons or property resulting from defective work, nor shall the City of West Sacramento, or any official, employee or agent thereof, be held as assuming any such liability or responsibility by reason of the review or inspection authorized by the provisions of this code of any permits or certificates issued under this code.
Section 3 Repeal and Re-Enactment of Chapter 15.14
Chapter 15.14 of the City of West Sacramento Municipal Code is hereby repealed in its entirety and is hereby re-enacted as follows:
15.14.010 Adoption of California Fire Code.
The 2019 California Fire Code, Title 24, Part 9 of the California Code of Regulations, and appendices Chapter 4, B, BB, C, CC, and D are hereby adopted by the City of West Sacramento and incorporated by this reference into the City of West Sacramento Municipal Code, as amended by this Chapter.
15.14.020 Enforcement.
The Fire Code shall be enforced by the Community Risk Reduction Division of the City of West Sacramento Fire Department under the supervision of the Fire Marshal.
15.14.030 Definitions.
The following definitions are exclusively applicable to Chapter 15.14:
A. Whenever the words "city," "jurisdiction" or "city or jurisdiction" are used in the California Fire Code, it shall mean the City of West Sacramento.
B. Whenever the term "chief appointing authority of the jurisdiction" is used in the California Fire Code, it shall mean the City Manager of the City of West Sacramento.
C. Whenever the term "legal representation of the jurisdiction" is used in the California Fire Code, it shall mean the City Attorney of the City of West Sacramento.
D. Whenever the term "fire department" is used in the California Fire Code, it shall mean the West Sacramento Fire Department.
E. Whenever the term "jurisdiction’s keeper of records" is used in the California Fire Code, it shall mean the City Clerk of the City of West Sacramento.
F. Whenever the term "fire code official" is used in the California Fire Code, it shall mean the Fire Marshal of the City of West Sacramento.
G. Whenever the term "governing body" is used in the California Fire Code, it shall mean the City Council of the City of West Sacramento.
15.14.040 Amendments to the California Fire Code.
A. Section 112.4 of Chapter 1 of the California Fire Code is hereby amended to read as follows:
83 Ordinance
Section 112.4 Violation penalties. Violations of a provision of this code or the failure to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be a misdemeanor. Each day that prohibited conditions are maintained shall constitute a separate offense, except as waived by the fire code official. The imposition of any penalty shall not prevent the enforced removal of prohibited conditions or excuse the violation.
B. Section 202 of Chapter 2 of the California Fire Code is hereby amended to add and amend the following definitions:
AREA, RURAL. Are areas within the City of West Sacramento in which adequate and reliable water supply systems for firefighting purposes do not exist or any area beyond a five-minute emergency response time.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy, including manufactured homes, mobile homes, and modulars.
C. Section 503.2.3 of Chapter 5 of the California Fire Code is hereby amended to read as follows:
Section 503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus, shall meet the minimum road specifications as set forth in the latest published edition of the City of West Sacramento Community Development Department Engineering Division Standard Specifications, and shall provide all weather driving capabilities.
D. Section 503.2.4 of Chapter 5 of the California Fire Code is hereby amended to read as follows:
Section 503.2.4 Turning radius. For all turns on public and private roads the minimum inside turning radius shall be 26 feet and the minimum outside turning radius shall be 46 feet.
E. Section 503.2.7 of Chapter 5 of the California Fire Code is hereby amended to read as follows:
Section 503.2.7 Grade. The grade of a fire apparatus access road shall be a maximum of 12 percent.
F. Section 503.2.8 of Chapter 5 of the California Fire Code is hereby amended to read as follows:
Section 503.2.8 Angles of approach and departure. The first ten feet of approach and departure for fire apparatus access roads shall have a maximum grade of 8.5 percent.
G. Section 505.1.1 is hereby added to Chapter 5 of the California Fire Code to read as follows:
Section 505.1.1 Multiple tenant building identification. Required features:
1. Multiple tenant spaces serviced by vehicular access to the rear through any driveway, alleyway, or parking lot shall have approved address numbers, building numbers or approved building identification placed prior to occupancy on all new and existing buildings as to be plainly visible and legible from the rear access way when deemed necessary by the fire code official.
84 Ordinance
2. Multiple tenant spaces serviced by rear access through a corridor, exit court, or exit yard shall have approved address numbers, building numbers or approved building identification displayed on the rear of the tenant space, when deemed necessary by the fire code official.
3. Multiple tenant spaces that front on interior walkways or pedestrian malls shall have approved address numbers, building numbers or approved building identification placed over the entrance door in all new and existing buildings.
4. An illuminated directory board shall be required at every entrance when deemed necessary by the fire code official.
H. Section 505.1.2 is hereby added to Chapter 5 of the California Fire Code to read as follows:
Section 505.1.2 Illumination. Addressing shall be illuminated at night in all new buildings. Signs shall be internally or externally illuminated. When the luminance or the face of a sign is from an external source, it shall have an intensity of not less than 5.0 foot-candles. Internally illuminated signs shall provide equivalent luminance.
I. Section 901.6.3 is hereby added to Chapter 9 of the California Fire Code to read as follows:
Section 901.6.4 Residential sprinkler system certification for home resale. All residential occupancies up for resale and equipped with a NFPA 13D sprinkler system or sprinkler system meeting the requirements of the California Residential Code are required to be inspected by qualified personnel; and all necessary repairs shall be completed prior to the closing of escrow.
J. Section 903.2.20 is hereby added to Chapter 9 of the California Fire Code to read as follows:
Section 903.2.22 Additional automatic fire-extinguishing system requirements. An approved automatic fire-extinguishing system shall be installed in every new building in which the total combined floor area of all floors, including mezzanine levels, exceeds 4,000 square feet (372 m2). Required features:
1. Notwithstanding other provisions of this Code, this rule shall be applied to alterations, additions, and changes of occupancy to all new buildings and buildings in existence as of the effective date of this ordinance.
2. An alteration involving no change in occupancy, use or character of a building in existence as of the effective date of this ordinance, and which does not require an increase in the floor area, total height or number of stories of such existing building, may be made without bringing the entire building into compliance with this section.
3. No change shall be made in the character or occupancy or use of any building or structure in existence as of the effective date of this ordinance unless the entire building or structure is made to comply with this section.
Section 903.2.22.1 Conditions requiring automatic fire-extinguishing systems. The following conditions will require an automatic sprinkler system to be installed in all occupancies:
85 Ordinance
1. Any structure or building that is more than two stories above grade plane or where access to the average height of the roof is more than 25 feet above grade for the purpose of fire department access.
2. A structure or building that is located on any property in which any portion of the structure or building is more than 400 feet from a fire hydrant or more than 350 feet from a fire hydrant because of a dead-end condition.
3. Any structure or building that is located on any property which any portion of the structure or building is located more than 150 feet from the nearest fire department access road.
Exceptions:
1. In rural single-family dwellings without fire sprinklers in existence as of the effective date of this ordinance, wherein additions that increase total floor area up to 2,500 square feet, no sprinkler system will be required.
1.1 Patio covers connected to single-family dwellings shall not be counted when determining total floor area for purposes of Section 903.2.22.1.
2. In rural Group U occupancies that do not exceed 1,000 square feet in total floor area, no sprinkler system will be required.
3. In rural Group U occupancies in existence as of the effective date of this ordinance wherein additions that increase the total floor area up to 1,000 square feet and is provided with exterior wall and opening protection as per Tables 601, 602 and 705.8 of the California Building code, no sprinkler system shall be required.
4. Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries and standby engines, provided those spaces or areas are equipped throughout with an automatic fire alarm system and are separated from the remainder of the building by fire barriers consisting of not less than 1-hour fire-resistance-rated walls and 2-hour fire-resistance-rated floor/ceiling assemblies, no sprinkler shall be required.
The use of the building in existence as of the effective date of this ordinance may be changed subject to the approval of the fire code official, and the building may be occupied for use in other groups of occupancies without conforming to all the requirements of this subsection for those groups, provided the new or proposed use is not more hazardous, based on life and fire risk, than the existing use.
K. Section 5001.5.3 is hereby added to Chapter 50 of the California Fire Code to read as follows:
Section 5001.5.3 Hazardous materials inventory fee. Permitted facilities in which hazardous materials are stored, used or handled are subject to the annual Hazardous Materials Inventory Fee, as prescribed by resolution of the City Council.
ML. Section 5003.1.5 is hereby added to Chapter 50 of the California Fire Code to read as follows:
Section 5003.1.5 Parking and garaging. Vehicles containing hazardous materials in amounts that require placards under state or federal law and possessing the physical hazards listed in Section 5001.2.2 et seq. shall not be left unattended at any time on any residential street or within 500 feet of any residential area, apartment or hotel complex, 86 Ordinance
educational, hospital or care facility; or at any place that would, in the opinion of the fire code official, present a life or safety hazard.
M. Section 5614 is hereby added to Chapter 56 of the California Fire Code to read as follows:
Section 5614 Prohibited and limited acts. The storage of explosives and blasting agents is prohibited within the City of West Sacramento. This prohibition shall not apply to the temporary storage of explosives and blasting agents for use in connection with approved blasting operations, wholesale and retail stocks of small arms ammunition, explosive bolts, explosive rivets or cartridges for explosive actuated power tools in quantities involving less than 500 pounds of explosive material. For purposes of Health & Safety Code Section 12007, the fire code official shall be the "issuing authority" and shall be responsible for enforcement.
N. Section 5615 is hereby added to Chapter 56 of the California Fire Code to read as follows:
Section 5615 Explosives and blasting agents at terminals. Shipments of explosives or blasting agents through or within the City West Sacramento shall be transported as expeditiously as possible. Explosives and blasting agents may not be maintained in terminals for more than twenty-four hours (24), including Sundays and holidays. Explosive and blasting agents may not be stored in terminals adjacent to areas zoned RRA, R-1-A, R-1-B, R-2, R-3, and R-4 for not more than two (2) hours.
O. Section 5704.2.9.6.1 of Chapter 57 of the California Fire Code is hereby amended to read as follows:
Section 5704.2.9.6.1 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited within the limits established by law as the limits of districts in which such storage is prohibited in the following zoned areas: RRA, R-1-A, R 1 B, R-2, R 3, R-4, C-1, C-2, C-H, C-W, C-3, P-O, CBD, and WF.
P. Section 5806.2 of Chapter 61 of the California Fire Code is hereby amended to read as follows:
Section 5806.2 Limitations. Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited within the limits established by law as the limits of districts in which such storage is prohibited in the following zoned areas: RRA, R-1-A, R 1 B, R-2, R 3, R-4, C-1, C-2, C-H, C-W, C-3, P-O, CBD, and WF.
Q. Section 6104.2 of Chapter 61 of the California Fire Code is hereby amended to read as follows:
Section 6104.2 Maximum capacity within established limits. Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the aggregate capacity of any one installation shall not exceed a water capacity of 500 gallons (1,893 L) in the following zoned areas in the City of West Sacramento: RE, RRA, R-l-A, R-1-B, R 2, R-3, R-4, C-1, C-2, C-H, CW, C-3, P-0, CBD, and WF, and those areas that are heavily populated or congested and as required by provisions of the City's zoning ordinances.
Exception: In particular installations, this capacity limit shall be determined by the fire code official, after consideration of special features such as topographical conditions, nature of occupancy, and proximity to buildings, capacity of proposed containers, degree of fire protection to be provided and capabilities of the local fire department.
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R. Section C102.2 is hereby added to Appendix C of the California Fire Code to read as follows:
Section C102.2 Hydrants on both sides of street. Hydrants shall be required on both sides of the street as set forth in the latest published edition of the City of West Sacramento Community Development Department Engineering Division Standard Specifications whenever one or more of the following conditions exist:
1. Streets that have median center dividers that make access to hydrants difficult, cause a time delay in fire response, or creates an undue hazard.
2. There are four (4) or more lanes of traffic.
3. Street width greater than 88 feet from the back of sidewalk.
S. Section C104.2 of Appendix C of the California Fire Code is hereby amended to read as follows:
Section C104.2 Existing fire hydrants. Required Features:
1. Existing single outlet 2.5 inch hydrants shall be changed to an approved City standard hydrant, as set forth in the latest published edition of the City of West Sacramento Community Development Department Engineering Division Standard Specifications when a tentative subdivision or parcel map, merge of lots, change of use of an existing building, expansion of an existing structure or new construction increases the required fire flow.
2. Existing single outlet 2.5 inch hydrants located adjacent to project frontage on any city right of way shall be changed to an approved city standard hydrant, as set forth in the latest published edition of the City of West Sacramento Community Development Department Engineering Division Standard Specifications.
3. Existing single outlet 2.5 inch hydrants serving new development or construction shall be changed to an approved city standard hydrant, as set forth in the latest published edition of the City of West Sacramento Community Development Department Engineering Division Standard Specifications.
4. Where water main improvements are required to meet fire flow and the existing water main has a single 2.5 inch outlet fire hydrant, an upgrade of hydrants will be required.
5. Existing hydrants in conflict with new right of way improvements shall be moved to an approved location at no cost to the City of West Sacramento.
Section 4 Amendments of Title 19 Nuisance Abatement Code A. Chapter 19.00 Purpose and Administration, Article III Definitions.19.00.010 Definitions. Delete in its entirety the following:
“Combustible materials” means materials which are readily ignitable, free burning, or which will ignite through contact with flames of ordinary temperatures and includes combustible decorative materials, combustible fibers, combustible liquids and combustible waste material as those terms are defined in the International Fire Code as adopted by the city.
88 Ordinance
“Dwelling” means any building or portion thereof which contains more than two dwelling units, sleeping and eating areas, and sanitation as required by the International Building Code. Dwellings do not include vehicles, travel trailers, recreational vehicles, watercraft or similar conveyances. “Dwelling Unit” means any building or portion thereof which contains living facilities, including provisions for sleeping eating, cooking and sanitation as required by the International Building Code, for not more than one family, or a congregate residence for ten or fewer persons.
B. 19.00.005 Continuity of Title 19 Nuisance Abatement Code is hereby amended to read as follows:
“Combustible materials” means materials which are readily ignitable, free burning, or which will ignite through contact with flames of ordinary temperatures and includes combustible decorative materials, combustible dust, combustible fibers, and combustible liquids as those terms are defined in the California Fire Code as adopted by the city.
“Dwelling” means abuilding which contains more than two dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes as defined by the California Fire Code. Dwellings do not include vehicles, travel trailers, recreational vehicles, watercraft or similar conveyances. “Dwelling Unit” means a single unit providing complete, independent living facilities for one or more person, including permanent provisions for living, sleeping eating, cooking and sanitation as defined by the California Fire Code.
C. 19.05.001 Unlawful public nuisances declared. Title 19 Nuisance Abatement Code is hereby amended to read as follows:
T. Any condition constituting an unsafe structure and equipment under Section 116 of the California Building Code for the abatement of unsafe structures and equipment as adopted by the city.
Section 5 Findings
The City Council of the City of West Sacramento finds and declares that the additions, modifications, and changes made to these codes are either expressly left to the authority having jurisdiction or necessary for the protection of the public health, safety, and welfare due to climatic, geological, or topographical conditions. These amendments are authorized under Health & Safety Code Section 17958 and are identified as follows:
California Building Code Title 24, Part 2, Volumes 1 of the California Code of Regulations, Section 101.1 amendment is necessary for administrative clarification, and does not modify a Building Standard pursuant to California Health and Safety Code Sections 17958, 17958.5, and 17958.7. These amendments establish administrative standards for the effective enforcement of building standards throughout the City of West Sacramento.
1. Climatic
California Fire Code Sections 503.2.3, 503.2.4, 503.2.7, 503.2.8, 901.6.4, 903.2.22, 903.2.22.1, 913.7, 5003.1.5, 5614, 5615, 5704.2.9.6.1, 5806.2, 6104.2.
Average yearly rainfall for the city is approximately 18 inches. This rainfall normally occurs from October to April. Low-level fog (tulle-fog) is present throughout the winter months reducing roadway visibility. This reduced visibility increases emergency response times.
The city is surrounded by levees and multiple water sources. During large storm events the 89 Ordinance
capacity of the city’s underground storm water drainage system is exceeded in some areas.
The resulting localized flooding and road closures increase emergency response times.
During the summer months, there is generally no measurable precipitation. Temperatures for this dry period range from 70 to 112 degrees Fahrenheit and are frequently accompanied by light to gusty south winds. The relative humidity during summer months ranges from 2- 30 millimeters Hg, which is considered arid. The arid condition dries vegetation to a point at which it is exceedingly combustible and easily ignited.
Sections 503.2.3, 503.2.4, 503.2.7, and 503.2.8 determine road characteristics that ensure emergency response vehicles have access in all weather conditions. These features are critical when large storm events produce localized flooding or otherwise impact road conditions.
Buildings located in portions of the city where combustible vegetation is present, are at an increased risk of fire. The need for reduced fire area due to climatic conditions within Yolo County warrants a lower sprinkler threshold. Sections 901.6.4, 903.2.22, 903.2.22.1, and 913.7 are amended to address these specific issues by requiring sprinkler and associated systems in buildings that are greater than 4,000 sq. ft. in total floor area. A lower threshold for sprinklers and associated systems will provide more buildings with protection reducing property loss and personal injury.
Section 5003.1.5 has been amended to require vehicles containing hazardous materials in amounts that require placarding to not be left unattended in certain zoned areas.
Summertime temperatures from 70 to 112 degrees Fahrenheit are frequently accompanied by light to gusty south winds leading to potentially dangerous fire conditions. The limited amount of hazardous materials stored in residentially zoned areas reduces risk.
Sections 5614 and 5615 limit the storage and transportation of explosives within the city.
Summertime temperatures from 70 to 112 degrees Fahrenheit are frequently accompanied by light to gusty south winds leading to potentially dangerous fire conditions. The limited amount of explosive material stored within the city reduces risk.
Section 5704.2.9.6.1 limits the storage of flammable and combustible liquids in residentially zoned areas. Summertime temperatures from 70 to 112 degrees Fahrenheit are frequently accompanied by light to gusty south winds leading to potentially dangerous fire conditions.
The limited amount of flammable and combustible liquids stored in residentially zoned areas reduces risk.
Section 5806.2 limits the storage of flammable cryogenic fluids in stationary containers outside of buildings in certain zoned areas. Summertime temperatures from 70 to 112 degrees Fahrenheit are frequently accompanied by light to gusty south winds leading to potentially dangerous fire conditions. The limited amount of flammable cryogenic liquids stored in residentially zoned areas reduces risk.
Section 6104.2 limits the maximum size of liquefied petroleum gas containers to 500 gallons in certain zoned areas. Summertime temperatures from 70 to 112 degrees Fahrenheit are frequently accompanied by light to gusty south winds leading to potentially dangerous fire conditions. The limited amount of liquefied petroleum gas stored in residentially zoned areas reduces risk.
2. Topographical
California Fire Code Sections 505.1.1, 505.1.2, C102.2, C104.2.
Topographical features within and surrounding the city increase emergency response time.
These features include open space, agriculture, bridges, drainage canals, freeways, railroad tracks, and large industrial facilities. Other topographical features include the Sacramento 90 Ordinance
River, the Yolo Flood By-Pass, and the deep water ship channel. These features require traffic to be either routed around or delayed depending on the topographical feature. Traffic delays caused by railway crossings can be several minutes in length increasing emergency response times. Heavy traffic congestion on city streets acts as a barrier to timely response for fire and emergency vehicles.
Sections 505.1.1 and 505.1.2 have been amended to address the location and visibility of addressing on new and existing buildings. Visible addressing reduces emergency response times for fire and rescue personnel. The ability to quickly locate the proper address is critical when topographical features such as agriculture, bridges, drainage canals, freeways, railroad tracks, and large industrial facilities may delay emergency response personnel.
Sections C102.2 and C104.2 have been amended to ensure an adequate water supply is available when topographical features such as agriculture, bridges, drainage canals, freeways, railroad tracks, and large industrial facilities may delay emergency response personnel.
Section 6 Repeal of Ordinance No. 19-11
City of West Sacramento Ordinance Number 19-11 which adopted and amended the 2019 California Building Code and 2019 California Fire Code is hereby repealed in its entirety.
Section 7 Conflict
In the event of a conflict between any administrative provision of the California Fire Code and any provision of the Municipal Code, the latter shall govern.
Section 8 Filing of Ordinance
The City Clerk is hereby directed to file a copy of this ordinance with the California Building Standards Commission.
Section 9 Severability Clause
If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance for any reason shall be held to be invalid or unconstitutional, the decision shall not affect the remaining portions of the Ordinance. The Council of the city of West Sacramento hereby declares that it would have passed this Ordinance and each article, section, subsection, paragraph, sentence, clause or phrase which is a part thereof, irrespective of the fact that any one or more articles, sections, subsections, paragraphs, sentences, clauses or phrases are declared to be invalid or unconstitutional.
Section 10 Effective Date and Publication
This ordinance shall take effect upon the latter of (1) 30 days after adoption or (2) January 1, 2023, and pursuant to Resolution 99-46, this ordinance shall be published in summary format prior to adoption and within fifteen (15) days after its adoption in a newspaper of general circulation published and circulated in the City of West Sacramento.
PASSED AND ADOPTED by the City Council of the city of West Sacramento this nth day of ______, 2022, by the following vote:
AYES:
NOES:
ABSENT:
_________________________
Martha Guerrero, Mayor
91 Ordinance
ATTEST: Approved as to form:
___________________________ __________________________
Jennifer Cusmir Jeffrey Mitchell
City Clerk City Attorney
X
Codify Uncodify
92 93
CITY COUNCIL AGENDA REPORT
MEETING DATE: October 19, 2022 ITEM # 9
SUBJECT:
CONSIDERATION OF AWARD OF A PROFESSIONAL SERVICES CONTRACT TO GHD, INC. FOR DEVELOPMENT OF THE SACRAMENTO AVENUE COMPLETE STREETS CORRIDOR IMPROVEMENT PLAN (CIP 10048) AND ADOPTION OF RESOLUTION 22-129 APPROVING RELATED BUDGET ADJUSTMENTS
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Stephanie Chhan, Senior Transportation Planner
Community Development Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action
OBJECTIVE
The purpose of this report is to provide the City Council with sufficient information for it to approve the award of a professional services contract for the detailed planning, design, outreach, and administrative support of the Sacramento Avenue Complete Streets Corridor Improvement Plan (CIP 10048).
RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1. Award a contract for professional services with GHD, Inc. for the development of the Sacramento Avenue Complete Streets Corridor Improvement Plan;
2. Authorize the City Manager, or their designee, to execute a professional services contract with GHD, Inc. in the amount of $275,000 for the Sacramento Avenue Complete Streets Corridor Improvement Plan;
3. Authorize the City Manager, or his designee, to execute non-substantive changes or modifications to the contract with Melton Design Group, Inc. with approval from the City Attorney;
4. Authorize the City Manager, or their designee, to make contract amendments up to 10% ($27,500) of the contract value;
5. Approve Resolution 22-129 authorizing the appropriation and transfer of $24,129 from the Measure N (Fund 111) to support the contract contingency and staff time and related resources being utilized toward the Sacramento Avenue Complete Streets Corridor Improvement Plan; and,
6. Authorize the City Manager, or their designee, to submit a grant application with GHD, Inc. for the Sacramento Area Council of Government's Green Means Go Category B: Planning.
BACKGROUND
Through the 2021 SACOG Funding Round - Community Design Funding Program – Non-Competitive Funding Category, the City was awarded $273,000 in Regional Surface Transportation Program funds, with a commitment of $35,371 of local matching funds, to develop the Sacramento Avenue Complete Streets Corridor Improvement Plan. The project area is located between Harbor Boulevard near the I-80 Corridor and the approach to the planned I Street Bridge Replacement (C Street/Railyards Bridge) across the Sacramento River.
The purpose of the Sacramento Avenue Complete Streets Corridor Improvement Plan is to articulate the current challenges on the corridor and recommend achievable solutions to implement a cohesive, comprehensive vision.
The Sacramento Avenue Complete Streets Corridor Improvement Plan will present an overview of the project purpose and corridor area, summarize related planning efforts, prescribe a robust community engagement process to inform this plan and future projects, and provide a vision statement and supporting goals that guide the development, evaluation, and implementation of recommended corridor improvements.
A request for proposals (RFP) was issued to seek qualified consultants to complete the Sacramento Avenue Complete Streets Corridor Improvement Plan.
94 Professional Services Contract for Sacramento Avenue Complete Streets Corridor Improvement Plan October 19, 2022
ANALYSIS
A competitive procurement for the Sacramento Avenue Complete Streets Corridor Improvement Plan was completed in accordance with the City’s procurement procedures for professional services.
An RFP was released and advertised to potential vendors on July 6, 2022 through OpenGov (formally ProcureNow) and the City’s webpage. The RFP received two (2) responsive proposals by the proposal submission deadline of August 12th. The city evaluation committee reviewed the proposals based on the evaluation criteria and determined the two firms responsive and responsible, listed below in alphabetical order:
Alta Planning + Design, Inc.
(Sacramento, CA)
GHD, Inc.
(Sacramento, CA)
On September 1, the evaluation panel held interviews, which consisted of a presentation to demonstrate the firms’ understanding of City’s requirements. The firms’ project managers and key team members had an opportunity to present each team’s qualifications and respond to the evaluation committee’s questions.
Questions were asked relative to building consensus, ensuring coordination and timely completion of the project, and compliance with the grant requirements. In addition, each team was asked specific clarification questions related to their proposal. Award is recommended to the firm offering the most comprehensive overall proposal considering such factors as, qualifications and experience, staffing and project organization, technical approach, proposed schedule, as well as cost and price.
After considering the responses to the questions asked during the interviews, the evaluation committee reviewed the preliminary ranking and adjusted individual scores. The evaluation panel unanimously identified GHD, Inc. as the most qualified firm recommended for consideration of award.
The City and GHD negotiated the scope of work and cost proposal, as detailed in Attachment 1. Additionally, GHD, Inc. proposed to coordinate with the City to submit a grant application to the Sacramento Area Council of Governments (SACOG) for the Green Means Go Category B: Planning grant. The grant application is due to SACOG by October 27th, and the City plans to apply for the Sacramento Avenue Corridor Infill & Infrastructure Capacity, Needs, and Financing Plan. If awarded, the City will be able to identify non-transportation utility improvements needed to accommodate and encourage infill housing production along the corridor, increase climate resilience, and improve housing affordability by identifying improvement financing mechanisms. City staff is seeking City Council authorization to submit a grant application for the Green Means Go funding program.
Staff will return to Council with an amendment to the GHD, Inc. contract for services for the Sacramento Avenue Complete Streets Corridor Improvement Plan should SACOG award the City funding for the Sacramento Avenue Corridor Infill & Infrastructure Capacity, Needs, and Financing Plan.
The City will incorporate a collaborative planning process involving residents, community-based organizations, and partner agencies. The Sacramento Avenue Complete Streets Corridor Improvement Plan will provide the framework and recommendations for the transformation of a crucial east/west transportation corridor from a vehicle-centric arterial to a Complete Streets multimodal corridor which serves low-income Assembly Bill 1550 communities, schools, employment centers and retail.
Environmental Considerations
This action is not a "project" for the purposes of the California Environmental Quality Act, Public Resources Code section 21000 et seq. ("CEQA"), because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment and, therefore, pursuant to Public Resources Code section 21065 and CEQA Guidelines sections 15060(c) and 15378(a), it is not subject to environmental review.
Commission Recommendation
This is an administrative item and does not have new policy implications that would require Transportation, Mobility, and Infrastructure Commission input. As such, this item was not presented to the TMI Commission however an update on its status of the project was included on the Update on the West Sacramento Mobility Action Plan staff report to TMI Commission on May 2, 2022. Staff will return to the Commission and Council with updates throughout the development of the Sacramento Avenue Complete Streets Corridor Improvement Plan, such as confirmation of the project prioritization criteria and feedback on the draft and final plan prior to adoption by the City Council.
95 Professional Services Contract for Sacramento Avenue Complete Streets Corridor Improvement Plan October 19, 2022
Strategic Plan Integration
This project advances the 2022 Strategic Plan Management Agenda item, “Mobility Action Plan Implementation”, in support of the Mobility Action Plan Strategy 2: Prioritize projects that enhance safety for non-vehicular road users and create more space for walking and rolling in the public right-of-way.
Alternatives
The Council’s primary alternatives are:
1. Staff respectfully recommends that the City Council the recommended action as stated above.
2. City Council may elect to set forth proposed conditions or modifications to the scope of work proposed by staff.
3. City Council may elect not to approve the contract at this time.
Staff recommends Alternative 1. Staff does not recommend Alternatives 2 and 3, as the current scope of work has been approved by the California Department of Transportation, coordinated across departments, and negotiated to establish the rates set forth by the Consultant. Revisions or additional conditions could cause delays to the start of work and risk exceeding the grant deadline. As this work is critical to implementing multiple City plans and goals to address mobility, safety, equity, and equality by developing vision for Sacramento Avenue, Alternatives 2 and 3 are not recommended.
Coordination and Review
This report was prepared by the Transportation & Mobility Division of the Community Development Department and the project received review or support from the CDD Planning Division, Finance Department, Capital Projects Department, and City Manager’s Office.
Budget/Cost Impact
The City was awarded $273,000 in Regional Surface Transportation Program funds, with a commitment of $35,371 of local matching funds through the 2021 SACOG Funding Round - Community Design Funding Program. The funds were appropriated to the FY 2021-22 Capital Improvement Project budget as approved by Council via Resolution 21-49 for a total appropriation of $35,330 of Measure N – Community Improvements Funds (Attachment 2).
The breakdown of costs to provide the professional consultant services for the Sacramento Avenue Complete Streets Corridor Improvement Plan are as follows:
PROJECT REVENUES
2021 SACOG Funding Round - Community Design Funding Program $273,000 Local Match (11.47%) Measure N – Community Improvements $35,371 Total Revenues $308,371
PROJECT COSTS
Negotiated Professional Services Contact with GHD, Inc. $275,000 10% Contingency $27,500
Estimated Staff and Resources Cost $30,000
Total Project Cost $332,500
PROJECT SURPLUS/(DEFICIT) ($24,129)
Based on the information in the above table, there is a shortfall of $24,129, related to estimated staff and resources cost and 10% contingency, to complete the project. As such, staff is recommending City Council adoption of Resolution 22-129 appropriating $24,129 from Measure N – Community Investment to the Sacramento Avenue Complete Street Corridor Improvement Plan (CIP 10048). 96 Professional Services Contract for Sacramento Avenue Complete Streets Corridor Improvement Plan October 19, 2022
ATTACHMENTS
1. GHD, Inc. Proposal for Professional Services for the Sacramento Avenue Complete Streets Corridor Improvement Plan
2. Resolution 22-129 Resolution Requesting Authorization of the Transfer of $24,129 from the Measure N Fund for the Sacramento Avenue Complete Streets Corridor Improvement Plan (CIP 10048) 97 CONTRACT FOR SERVICES
THIS CONTRACT is made on November 1, 2022, by and between the CITY OF WEST SACRAMENTO (“City”), and GHD, Inc. (“Consultant”).
WITNESSETH:
WHEREAS, the City desires to develop a Sacramento Avenue Complete Streets Corridor Improvement Plan to identify the current challenges on the corridor and recommend innovative, achievable solutions to implement a cohesive, comprehensive vision.
WHEREAS, the Consultant has presented a proposal for such services to the City, dated August 12 ,2022, (attached hereto as Exhibit “A”) and is duly licensed, qualified and experienced to perform those services;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF SERVICES:
A. Consultant shall do all work, attend all meetings, produce all reports and carry out all activities necessary to completion of the services described in the Scope of Work, attached hereto and incorporated herein by this reference as Exhibit “A”. This Contract and its exhibits shall be known as the “Contract Documents.” Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. In the event of conflict between terms contained in these Contract Documents, the more specific term shall control. If any portion of the Contract Documents shall be in conflict with any other portion, provisions contained in the Contract shall govern over conflicting provisions contained in the exhibits to the Contract.
B. Consultant enters into this Contract as an independent contractor and not as an employee of the City. The Consultant shall have no power or authority by this Contract to bind the City in any respect. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Consultant are employees, agents, contractors or subcontractors of the Consultant and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Consultant by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this Contract.
C. The Consultant agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.
2. TERM OF CONTRACT
A. The services of Consultant are to commence upon execution of this Contract by the City, and shall be undertaken and completed in accordance with the Schedule of Performance attached hereto and incorporated herein by this reference as Exhibit “B” and terminate on June 30, 2024.
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2 B. Consultant’s failure to complete work in accordance with the Schedule of Performance may result in delayed compensation as described in Section 3.
C. The City Manager or his or her designee may, by written instrument signed by the Parties, extend the duration of this Contract for a period of one-year (1-year) in the manner provided in Section 5, provided that the extension does not require the payment of compensation in excess of the maximum compensation set forth in Section 3, Compensation.
3. COMPENSATION:
A. The Consultant shall be paid monthly for the actual fees, costs and expenses for all time and materials required and expended, but in no event shall total compensation exceed Two Hundred Seventy-Five Thousand dollars ($275,000), without City’s prior written approval.
Consultant's fees shall be as specified in the Schedule of Fees, which is attached hereto an incorporated herein as Exhibit "C".
B. Said amount shall be paid upon submittal of a monthly billing showing completion of the tasks that month. Consultant shall furnish City with invoices for all expenses as well as for all materials authorized by this Contract. The invoices shall be submitted with the monthly billings.
If Consultant’s performance is not in conformity with the Schedule of Performance, payments may be delayed or denied, unless the Consultant’s failure to perform in conformity with the Schedule of Performance is a documented result of the City’s failure to conform with the Schedule of Performance, or if the Schedule of Performance is extended pursuant to Section 5.
C. If the work is halted at the request of the City, compensation shall be based upon the proportion that the work performed bears to the total work required by this Contract, subject to Section 4.
4. TERMINATION:
A. This Contract may be terminated by either party, provided that the other party is given not less than 60 calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate.
B. The City may temporarily suspend this Contract, at no additional cost to City, provided that the Consultant is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Contract.
C. Notwithstanding any provisions of this Contract, Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Consultant, and the City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due the City from Consultant is determined.
D. In the event of termination, the Consultant shall be compensated as provided for in this Contract, except as provided in Section 4C. Upon termination, the City shall be entitled to all work, including but not limited to, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date in accordance with Section 7 hereof. 99 Contract for Services
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3 5. AMENDMENTS, CHANGES OR MODIFICATIONS:
Amendments, changes or modifications in the terms of this Contract may be made at any time by mutual written agreement between the parties hereto and shall be signed by the persons authorized to bind the parties hereto.
6. EXTENSIONS OF TIME:
Consultant may, for good cause, request extensions of time to perform the services required hereunder. Such extensions shall be authorized in advance by the City in writing and shall be incorporated in written amendments to this Contract or the attached Work Program in the manner provided in Section 5.
7. PROPERTY OF CITY:
A. It is mutually agreed that all materials prepared by the Consultant under this Contract shall become the property of the City, and the Consultant shall have no property right therein whatsoever. Immediately upon termination, the City shall be entitled to, and the Consultant shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials as may have been prepared or accumulated to date by the Consultant in performing this Contract which is not Consultant’s privileged information, as defined by law, or Consultant’s personnel information, along with all other property belonging exclusively to the City which is in the Consultant’s possession.
B. Additionally, it is agreed that the parties intend this to be a contract for services and each considers the products and results of the services to be rendered by Consultant hereunder (the “Work”) to be a work made for hire. Consultant acknowledges and agrees that the Work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of the City.
8. COMPLIANCE WITH ALL LAWS:
A. Consultant shall comply with all applicable laws, ordinances, and codes of federal, State and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract.
B. Consultant warrants to the City that it is licensed by all applicable governmental bodies to perform this Contract and will remain so licensed throughout the progress of the Work, and that it has, and will have, throughout the progress of the Work, the necessary experience, skill and financial resources to enable it to perform this Contract.
9. WARRANTIES AND RESPONSIBILITIES - CONSULTANT:
A. Consultant agrees and represents that it is qualified to properly provide the services set forth in Exhibit “A” in a manner which is consistent with the generally accepted standards of Consultant’s profession.
B. Consultant agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law in accordance with Section 17A hereof.
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4 C. Consultant shall designate a project manager who at all times shall represent the Consultant before the City on all matters relating to this Contract. The project manager shall continue in such capacity unless and until he or she is removed at the request of the City, is no longer employed by Consultant, or is replaced with the written approval of the City, which approval shall not be unreasonably withheld.
D. Consultant shall provide corrective services without charge to the City for services which fail to meet the above professional and legal standards and which are reported to Consultant in writing within sixty (60) days of discovery. Should Consultant fail or refuse to perform promptly its obligations, the City may render or undertake performance thereof and the Consultant shall be liable for any expenses thereby incurred.
10. SUBCONTRACTING:
None of the services covered by this Contract shall be subcontracted without the prior written consent of the City, which will not be unreasonably withheld. Consultant shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Consultant.
11. ASSIGNABILITY:
Consultant shall not assign or transfer any interest in this Contract whether by assignment or novation, without the prior written consent of the City which will not be unreasonably withheld.
However, claims for money due or to become due Consultant from the City under this Contract may be assigned to a financial institution, or to a trustee in bankruptcy, without such approval.
Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.
12. INTEREST IN CONTRACT:
Consultant covenants that neither it, nor any of its employees, agents, contractors, subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. Consultant shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Consultant’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply. Consultant also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Consultant in writing that Consultant’s duties under this Contract warrant greater disclosure by Consultant than was originally contemplated. Consultant shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.
13. MATERIALS CONFIDENTIAL:
All of the materials prepared or assembled by Consultant pursuant to performance of this Contract are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order. 101
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5 14. LIABILITY OF CONSULTANT-NEGLIGENCE:
Consultant shall be responsible for performing the work under this Contract in a manner which is consistent with the generally-accepted standards of the Consultant’s profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Consultant or its employees, agents, contractors or subcontractors.
15. INDEMNITY AND LITIGATION COSTS:
Consultant shall indemnify, defend, and hold harmless the City, its officers, officials, agents, and employees against all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorneys’ fees, arising from Consultant's negligent acts or negligent failure to act, errors, omissions or willful misconduct incident to the performance of this Contract except such loss or damage caused by the active negligence, sole negligence, or willful misconduct of the City. The provisions of this paragraph shall survive termination or suspension of this Contract.
16. CONSULTANT TO PROVIDE INSURANCE:
A. Consultant shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this Contract, the policies of insurance specified in this Section. Such insurance must have the approval of the City as to limit, form, and amount, and shall be placed with insurers with a current A.M. Best’s rating of no less than A VII (an NR rating is acceptable for Worker’s Compensation insurance written with the State Compensation Insurance Fund of California).
B. Prior to execution of this Contract and prior to commencement of any work, the Consultant shall furnish the City with certificates of insurance and copies of endorsements providing evidence of coverage for all policies required by the Contract. The Consultant and its contractors and subcontractors shall, at their expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance by Consultant and its contractors and subcontractors of the following coverage and limits of insurance is a material element of this Contract. The failure of Consultant or of any of its contractors or subcontractors to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this Contract. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant.
1. Worker’s Compensation and Employer’s Liability Insurance
a. Worker’s Compensation - Insurance to protect the Consultant, its contractors and subcontractors from all claims under Worker’s Compensation and Employer’s Liability Acts, including Longshoremen’s and Harbor Worker’s Act (“Acts”), if applicable. Such coverage shall be maintained, in type and amount, in strict compliance with all applicable state and Federal statutes and regulations.
The Consultant shall execute a certificate in compliance with Labor Code Section 1861, on the form provided in the Contract Documents.
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6 b. Consultant shall provide a Waiver of Subrogation endorsement in favor of the City, its officers, officials, employees, agents and volunteers for losses arising from work performed by the Consultant.
2. Commercial General Liability Insurance
a. The insurance shall be provided on form CG0001, or its equivalent, and shall include coverage for claims for bodily injury or property damage arising out of premises/operations, products/completed operations, contractual liability, and subconsultant’s work and personal and advertising injury resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000 per occurrence and $2,000,000 general and products/completed operations aggregates. b. The commercial general liability insurance shall also include the following:
i. Endorsement equivalent to CG 2010 0714 naming the City, its officers, officials, employees, agents, and volunteers as additional insureds. The endorsement shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
ii. Endorsement stating insurance provided to the City shall be primary as respects the City, its officers, officials, employees and any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it, to the payment or satisfaction of any defense expenses, loss, or judgment.
iii. Provision or endorsement stating that the Consultant’s insurance 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.
3. Commercial Automobile Insurance
a. The insurance shall include, but shall not be limited to, coverage for claims for bodily injury or property damage for owned, non-owned, and hired automobiles resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000 per accident.
b. The commercial automobile insurance shall include the same endorsements required for the commercial general liability policy (see Section
16.B.2.b).
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7 4. Professional Liability. The Consultant and its contractors and subcontractors shall secure and maintain in full force, during the term of this Contract and for five years thereafter, professional liability insurance policies appropriate to the respective professions and the work to be performed as specified in this Contract. The limits of such professional liability insurance coverage shall not be less than $1,000,000 per claim.
C. In addition to any other remedy the City may have, if Consultant fails to maintain the insurance coverage as required in this Section, the City may obtain such insurance coverage as is not being maintained, in form and amount substantially the same as is required herein, and the City may deduct the cost of such insurance from any amounts due or which may become due Consultant under this Contract.
D. No policy required by this Contract shall be suspended, cancelled, terminated by either party, or reduced in coverage or in limits unless Consultant has provided thirty (30) days prior written notice by certified mail, return receipt requested, to the City.
E. Any deductibles or self-insured retentions in excess of $10,000 must be declared to, and approved by, the City.
F. The requirement as to types, limits, and the City’s approval of insurance coverage to be maintained by Consultant are not intended to, and shall not in any manner, limit or qualify the liabilities and obligations assumed by Consultant under the Contract.
17. MISCELLANEOUS PROVISIONS:
A. Consultant shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work.
B. Consultant shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship, or sexual orientation.
C. Consultant shall maintain and make available for inspection by the City and its auditors accurate records of all of its costs, disbursements and receipts with respect to any work under this Contract. Such inspections may be made during regular office hours at any time until six (6) months after the final payments under this Contract are made to the Consultant.
D. The Program Supplement Agreement entered into by the City with the California Department of Transportation requires provisions with the Consultant, as included in Exhibit “D”.
E. This Contract constitutes the entire agreement between the parties relative to the services specified herein and no modification hereof shall be effective unless and until such modification is evidenced by a writing signed by both parties to this Contract. There are no 104
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8 understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing.
F. All notices that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses:
City: City of West Sacramento
Andrea Ouse, Community Development Director
1110 West Capitol Avenue, 2nd Floor
West Sacramento, CA 95691
Email: [email protected]
Consultant: GHD, Inc.
Kamesh Vedula, GHD Principal
2200 21st Street
Sacramento, California 95818
Email: [email protected]
G. This Contract shall be interpreted and governed by the laws of the State of California.
H. Any action arising out of this Contract shall be brought and maintained in Yolo County California, regardless of where else venue may lie.
I. In any action brought by either party to enforce the terms of this Contract, each party shall be bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.
[Signatures on following page]
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9 CITY OF WEST SACRAMENTO
By: __________________________
Aaron Laurel, City Manager
ATTEST:
By: _________________________________
Jennifer Cusmir, City Clerk
APPROVED AS TO FORM:
By: _______________________
Jeffrey Mitchell, City Attorney
CONSULTANT
By: _________________________
Kamesh Vedula, GHD Principal
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EXHIBIT A
Consultant Proposal/Scope of Work
107
Request for Proposals #22-049-RFP
Title: Sacramento Avenue Complete Streets Corridor Improvement Plan 1 Scope of Work for the Sacramento Avenue Complete Street Corridor Improvement Plan
The Scope of Work represents completion of the Sacramento Avenue Complete Streets Corridor Improvement Plan. This phase of the project focuses on the transportation corridor, improvements to streets, intersections, streetscape, and landscape. The GHD Team includes GHD, WRT, and AIM.
1.1. Task 1: Project Management
Project Management Plan: GHD shall communicate and coordinate in a timely manner all work and progress on the project with the City. GHD shall prepare a project management plan that includes a detailed project schedule and budget, including all tasks described in the scope of work. The project schedule shall include all activities (by work task, whether performed by consultant or others), start dates, activity durations, product submittal dates, relationship amongst work tasks (including critical path items, as well as float time. The schedule shall account for interface with, and review by City of West Sacramento, and other stakeholders, as appropriate, such as California Department of Transportation. The schedule shall account for at least one (1) week of review by the City at least two (2) weeks of review by other key study participants/stakeholders of all key deliverables. Should adjustments to the schedule be needed as the project progress, GHD shall be responsible for updating the schedule accordingly. All work shall be completed within eighteen (18) months of executing the consultant contract.
Project Management Meetings: GHD shall coordinate regular bi-weekly project updates in the form of a revised Short Term Action List and monthly project management meetings, unless otherwise agreed upon, with the City to ensure delivery of the project is on time and within budget.
Project Development Team (PDT) Meetings: GHD shall plan to lead and facilitate discussion at up to five (5) PDT meetings at key decision points in development of the Plan. The Project Team Meetings should consist of an Interdepartmental Technical Working Group (Economic Development and Housing, Community Development, Transportation, Engineering, and Parks and Recreation) and key stakeholders such as Yolo County Transit District (YCTD), Washington Unified School District (WUSD), the California Department of Transportation (Caltrans), and/or the Sacramento Area Council of Governments (SACOG). GHD will prepare meeting materials and distribute documents within one (1) week of each scheduled meeting. Any materials distributed should be shared and approved by the City prior to distribution. Minutes and action item list shall be provided to City within three (3) days of PDT Meetings.
Invoices: Monthly invoices submitted to the City for approval and payment, shall be prepared to provide a summary of project budget activity-to-date and show costs against each major task and/or subtask as appropriate. Specific billing requirements will be provided by City staff upon award of the contract.
Progress Reports: Monthly progress reports shall be included with each monthly invoice. Progress reports shall include: the status of work and remaining budget by task; significant accomplishments; problems encountered and potential solutions; decisions to be made by the City and/or other agencies/team members; project schedule updates as needed; and work planned for the next month (by task and responsible parties).
Kick-off Meeting: The GHD Team will meet with key staff to discuss the goals of the project, agree on communications protocols and recurring meeting schedules, and project management, quality 108
Request for Proposals #22-049-RFP
Title: Sacramento Avenue Complete Streets Corridor Improvement Plan 2 control/quality assurance, and deliverable review expectations, as well as other relevant topics.
Task 1 Deliverables
A. Project Management Plan (Project Schedule and Budget) B. Monthly Project Management Meetings
C. Bi-Weekly Updated Short Term Action List
D. PDT Meetings and Minutes/Action List
E. Monthly invoices and progressreports
F. Kick-off Meeting
1.2. Task 2: Stakeholder & Community Engagement
The GHD Team shall work with the City to assist with developing a community engagement strategy that will consider the COVID-19 environment (if applicable), cost-conscious but effective public participation and outreach tools and existing public information platforms established by the City. All engagement activities proposed in this Scope of Work may be completed virtually if needed, or in a hybrid fashion that to the best of the GHD Team’s ability, makes in person and virtual activities equivalent in accessibility and engagement opportunity. Should pandemic recovery allow for it, public engagement activities may be conducted in-person with appropriate social-distancing and safety precautions.
Project Website: GHD will develop a Project Website to be hosted on the Social Pinpoint platform. The Social Pinpoint platform include an interactive online map that allows public input using a familiar webmap interface. The Social Pinpoint site will also include draft project deliverables for review and links to additional project resources, engagement opportunities, and links back to the City’s website and reference materials. The Social Pinpoint site will be used to host or link to external surveys designed to complement virtual and in-person engagement.
Outreach Management including Public Engagement Plan: AIM will provide strategic advice and counsel, review project materials and reports, coordinate with the City of West Sacramento and the GHD Team, and monitor team communications throughout the project. AIM will attend the kick-off meeting and up to six project team meetings virtually. AIM will also develop both a Public Engagement Plan and a Summary Memo at the completion of the project. AIM will also plan attendance for up to 4 commission and 2 city council meetings as needed.
Stakeholder Database: AIM will work with the City, and the GHD team to develop and maintain a stakeholder database throughout the project’s duration. This database will include stakeholder names, contact information as well as the preferred method of contact, and potential key concerns and/or areas of project interest. Stakeholders will include commercial centers, single-family and multifamily residences, and other key destinations such as schools, community centers, etc., within the project area as well as Active Transportation advocacy groups.
AIM will coordinate and facilitate up to five Key Stakeholder Focus Group meetings. Our team of professional facilitators will work with the prime consultant and City staff to develop meeting agendas and presentation content that are on point and easy to understand, then facilitate discussions in a way that engages all parties and generates a thoughtful discussion that leads to agreements and direction 109
Request for Proposals #22-049-RFP
Title: Sacramento Avenue Complete Streets Corridor Improvement Plan 3 that moves the project forward.
The Key Stakeholder Focus Group membership is recommended to include, but is not limited to, business and industry groups, adjacent property owners, community-based organizations, environmental advocates, and local residents as identified by the City and the project team. The meetings will be facilitated to discuss project goals, constraints and opportunities, evaluation criteria, design alternatives, and other important project elements. The purpose of the key stakeholder focus group meetings will be to assess project elements with a diverse group of perspectives early in the process to ensure that all diverse aspects are considered, and the draft concepts meet current and future community needs. These can be done in one on one, small group or meeting settings. AIM will write a summary at the end of each meeting.
Walking Tour: The GHD Team will plan a corridor walking tour, if possible, to immediately follow the Project Kick-Off meeting. GHD will work with the City to identify any internal or external stakeholders outside the City’s project team for inclusion. The walking tour will allow the GHD Team and City project team to experience the corridor’s transportation conditions first hand, take pictures of issues not readily apparent from online aerial or street-level imagery, and identify preliminary solutions.
Community Workshops (2): AIM will hold two community workshops throughout the process to provide a forum for community members to learn about the project, and the schedule and to ask questions and provide their informed input. The first workshop will be held at the beginning of the project and provide community members with an opportunity to learn about the project and discuss and provide input on project elements. The second community workshop is proposed to occur during the draft conceptual design and will allow the team to share early design concepts to the community. Equivalent activities to those presented at the workshops will be made available through the project’s website and online engagement platforms.
If the meeting takes place virtually, AIM will set up and coordinate the meeting to take place via Zoom.
If the meeting takes place in person, AIM will coordinate and secure the meeting venue. AIM will provide all meeting supplies including sign-in sheets, project team name tags, comment cards, board displays, and other printed materials. AIM will coordinate with the City and the project team to develop informational materials about the project. The City and the project team will be responsible for providing all technical information to be included in the meeting materials. AIM will record all feedback gathered at each public meeting and develop a summary of all feedback.
Pop Up Workshops (2): AIM will conduct two pop-up workshops for the Complete Street Improvement Plan. Pop-up workshops can engage community members where they are already congregating. The pop-up workshops will be held at a community destination, local event, or key activity center will provide an opportunity for the community-at-large to learn about the project and provide their informed input. Equivalent activities to those presented at the pop-up workshops will be made available through the project’s website and online engagement platforms.
AIM will develop informational materials about the project for each pop-up workshop, which can include board displays, interactive community engagement activities, informational fact sheets and brochures, and comment cards. AIM will facilitate, plan, provide all supplies, and coordinate all logistics for the pop-up workshops. AIM will write a summary of feedback from the pop-up workshops Public Information & Notification: AIM will develop and implement a comprehensive notification plan 110
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Title: Sacramento Avenue Complete Streets Corridor Improvement Plan 4 for each public meeting. The plans will include notification strategies such as personal stakeholder outreach, stakeholder emails, media relations and coordination, social media advertisements, and partnering with community-based organizations to help build awareness about the project and encourage community members to attend. The project’s website will also be used to disseminate information and serve as a destination for links provided in digital and hard copy distributed materials.
Communication Collateral: AIM will develop outreach materials to inform the community about the project’s design. These materials may include informational brochures, fact sheets, and FAQ’s. A template for each collateral item will be developed consistently that is easily updated and sent or distributed through electronic means.
Multilingual Services: Recognizing the multicultural and multilingual demographics of the corridor, the GHD Team will use professional translation services to assist during in-person engagement activities.
GHD professional staff who are proficient in Spanish, Russian, and/or Ukrainian, will be available to ensure translation of technical material is communicated effectively. Online materials will leverage Google Translate integration through Social Pinpoint to facilitate multilingual access.
Engagement and Outreach Summary Memo: AIM shall develop an Engagement and Outreach Summary Memo which includes an agreed-upon engagement & outreach strategy, as well as notes, summaries, and photos of stakeholder and public events/meetings. The Engagement and Outreach Summary Memo must be in a presentable format that can be shared with the TMI Commission and City Council.
Governing City Meetings: The GHD Team will provide technical assistance in the development of the City Council staff report and will be available to attend up to four (4) City Commission meetings and up to two (2) City Council meetings to provide technical support where needed.
Task 2 Deliverables
A. Stakeholder Engagement and Outreach Activities
B. Engagement & Outreach Summary Memo
C. Commission and City Council Meetings as needed
1.3. Task 3: Vision Statement and Goal Setting
The GHD Team shall assist in the development vision statement for the Sacramento Avenue corridor that is informed through discussions with City staff, local stakeholders, and public workshop participants. A set of guiding principles will be identified to guide the Sacramento Avenue Complete Streets Corridor Improvement Plan. These may include topics such as: safety, capacity, comfort, interconnectivity of multi-modal transportation infrastructure, equity, improved access to recreational activities and local businesses, vibrancy, etc. A description of how each goal could be applied to the corridor would be followed by a brief list of potential solutions to consider and used as a “toolbox” of ideas as the GHD Team works to identify and refine improvement concepts. Vision and goals shall be consistent with local, regional, state and federal planning goals and initiatives. Development of guiding principles and vision statement will be an activity at the first public workshop, with the aim of achieving relative consensus among the public at large, stakeholders, and the project team.
Together, these goals will provide a framework for the evaluation of existing conditions along Sacramento Avenue and for the development of recommended strategies, improvements, and programs 111
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Title: Sacramento Avenue Complete Streets Corridor Improvement Plan 5 to make the vision statement a reality. The project vision statement and goals shall be incorporated into a one-page Project Fact Sheet. The Project Fact Sheet should include visuals and should be written in layperson terms such that it can be shared with City Council members, community groups, and the public.
Task 3 Deliverables
A. Project Fact Sheet
1.4. Task 4: Existing Conditions Analysis
The GHD Team will review existing conditions based on efforts such as corridor walk-throughs, site inventory, local neighborhood surveys, workshop input, and technical site analyses. The GHD Team shall also request, review, and synthesize existing local and regional planning documents pertaining to the study area. This includes the City’s General Plan, Specific Plans, Sub-Area Plans, regional plans such as SACOG’s Green Means Go program, and any proposed and foreseeable land use changes. These findings will inform recommendations in this plan and establish a baseline against which progress can be measured.
GHD will also review data made available through the Remix platform, including demographic intersection of census areas along the corridor, and through Replica, including travel trends by mode, purpose, origin, and destination, filtered geographically and demographically. If available through SACOG, GHD will also review NPMRDS data to assess any freight or passenger travel time reliability concerns that could be used to later inform and support competitive funds for corridor operational improvements.
The GHD Team shall provide corridor conditions in two formats: 1) A summary of existing conditions in each of the three (3) Sacramento Avenue corridor segments based on the project goals; 2) Corridor-wide summaries of individual analysis topic areas which will include, but not be limited to: Safety, Traffic Operations, Pedestrian Conditions, Transit Service, Bicycle Level of Traffic Stress, Infrastructure Needs, Landscaping and Open Space/Trail Access, Economics, and Land Use/Housing Opportunity. These efforts will include compiling available multimodal data including vehicle counts, active transportation counts, and transit performance metrics; compiling demographics; identifying geometric layout and design of the roadway and intersections; performing multi-modal operations analysis; and evaluating crash history among various modes (car, transit, bicycle, and pedestrian) along the corridor. New multimodal counts will be collected at up to 10 intersections. The GHD Team will also evaluate the seasonality of the corridor and provide a general overview of seasonal impacts, if present. If available, the consultant should also identify future vehicular traffic demand within the corridor based on forecast data from the SACOG or from information based on upcoming development projects or plans along the corridor. Base mapping will be used in both community participation workshops and plan development.
GHD will compile this information into a technical memorandum that clearly identifies the existing conditions, gaps, and opportunities of the corridor. This analysis, including corridor-wide survey results, will be helpful in preparing applications for future competitive grant programs and plan implementation prioritization. The technical memorandum will use a combination of info-graphics, photos and text to present quantitative and qualitative data, will present existing opportunities and constraints, inform readers on what was learned through evaluation of each of the three corridor segments, and provide a summary of needs. Data will be summarized in tables, graphs and maps to the greatest extent practicable rather than including lengthy data tables in the memorandum. All data obtained will be 112
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Title: Sacramento Avenue Complete Streets Corridor Improvement Plan 6 organized electronically and provided to the City upon request at any time during the project. Rather than simply repeating data to the reader, the consultant will prepare this memorandum to summarize existing conditions and trends, and to display spatial data on maps.
Task 4 Deliverables
A. Existing Sacramento Avenue Corridor Conditions Technical Memorandum B. Existing Conditions Geospatial Data Package
1.5. Task 5: Corridor Strategy Development and Proposed Concepts Building on the vision statement and existing corridor conditions identified, together with existing city policy documents such as the Mobility Action Plan (2021), Bicycle, Pedestrian and Trails Master Plan (2018), and Washington Specific Plan, the project team will turn toward developing targeted strategies to improve the Sacramento Avenue corridor as a whole and within individual segments. These strategies are intended to address the summary of needs identified in the Existing Conditions Analysis and present actionable ideas that support the stated goals for the Sacramento Avenue Corridor. The GHD Team will develop a Design Basis memorandum that establishes precedents and standards that support concept development along the Sacramento Avenue corridor.
Detailed planning-level improvement concepts and illustrations for the corridor informed by these highlevel strategies would be generated at this stage of the plan, as well as alternatives, interim treatments, and phased implementation approaches. GHD will utilize the Remix Streets platform in this task, which allows sharing and collaboration in concept development between team members. This cloud-based concept development platform will allow the GHD Team to collaborate internally, with the City’s team, and with key stakeholders, and allow discussion of concepts on an interactive illustration of the corridor.
This flexible approach will empower staff at City to take advantage of multiple funding sources and concurrent overlapping projects to bring the vision for Sacramento Avenue into reality. Strategies may include, but is not limited to, traffic control devices, bus stop improvements, bicycle facility improvements, pedestrian crossing improvements, parking zones, micromobility facilities, traffic calming measures, intersection improvements, and streetscape improvements.
The proposed improvement concepts for Sacramento Avenue will be further refined based on community participation and public workshop input, in-depth analysis of existing conditions, identified needs, and the developed vision, objectives, and strategies. These improvements are intended to create a vibrant, inviting corridor that is safer and more comfortable for people walking, bicycling, using shared mobility, public transit, and driving. Each of these concepts will reflect an iterative public engagement process with the community as well as staff from key partner agencies (SACOG, Caltrans, etc.), pertinent local organizations (Civic Thread, SABA, etc.), and using documented best practices, guidelines and regulations (NACTO, California MUTCD, etc.). Concepts will include callouts to provide an assessment of challenges the improvements are intended to resolve and highlight the alignment with the goals identified for this project.
In some locations, more than one alternative will be presented. Some of these locations represent alternative treatments or alignments that will require additional study or discussion with relevant partners to determine the preferred concept to implement. Others represent short-term concepts that are lower- cost and will be easier to implement paired with a longer-term concept for a more complex or expensive improvement. Following selection of a preferred alternative, GHD will transfer concept 113
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Title: Sacramento Avenue Complete Streets Corridor Improvement Plan 7 linework from Remix to AutoCAD, as needed, to refine components not readily presentable in Remix.
This may include any proposed roundabouts, as an example, and will aid in the development of cost estimates and more visually rich renderings.
The GHD Team shall develop a technical memorandum detailing the improvement strategies and selected proposed concepts. Bikeway design classifications, vehicle lane widths, crosswalk enhancements, landscape strategies, and other types of improvements for people experiencing the corridor will be summarized in a visual glossary. Planning-level cost estimates will be included at this stage. Following that, a virtual walkthrough of the corridor improvement concepts will provide a closer look at the bikeways, pedestrian amenities, intersection improvements, transit stop enhancements, public art, and other recommendations along Sacramento Avenue.
Task 5 Deliverables
A. Corridor Strategy Development and Proposed Concepts Technical Memorandum B. Remix Streets Corridor Improvement Concept
C. Design Concepts, Illustrations, and Exhibits
1.6. Task 6: Evaluation and Scoring
This task of the Sacramento Avenue Corridor Complete Streets Improvement Plan presents an evaluation of the proposed improvement concepts. GHD proposes to apply concepts from the Caltrans Corridor Planning Process Guide (February 2020), including the Smart Mobility Framework, to ensure a holistic improvement assessment that maximizes future implementation and funding opportunities through competitive grant programs. GHD will incorporate Green Means Go program criteria, in order to leverage the corridor’s inclusion in West Sacramento’s Green Zone. Other non-transportation grant funding sources, such as those for urban greening, will be reviewed for applicability and, as appropriate, be included in the list of assessment criteria.
Analyses conducted to document current conditions along the corridor should be repeated to gauge the effect the recommended improvements would be expected to have on various metrics. Evaluations included in this task should include, but not be limited to:
• Improvement in Bicycle/Pedestrian Level of Service and Level of Traffic Stress (LTS) • Safety Improvement, Collision Reduction, and Gap Closure • Reduction of Vehicle Miles Traveled (VMT) and Greenhouse Gas (GHG) Emissions • Intersection Level of Service
• Connections to Neighborhoods, Disadvantaged Community Benefit and Improvement in Mobility Access, Equity, and Options
• Community Support for the Corridor Concepts
• Benefit-Cost of the Corridor Concepts
Improvements proposed for Sacramento Avenue will be broken into sub-segments and evaluated by improvement type to develop an implementation and priority matrix intended to support funding and 114
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Title: Sacramento Avenue Complete Streets Corridor Improvement Plan 8 construction. The GHD Team shall work with the City to establish evaluation criteria, based on the vision and goals, to be used to analyze and prioritize a range of investment options to address deficiencies and goals for the corridor. The GHD Team should consider criteria used by funding entities and state/federal grant programs. Another group of criteria would consider deliverability of projects, assessing construction readiness, meeting short-term vs long-term needs, and opportunities for funding or partnerships. Depending on the availability of data, some of the criteria may be more specific and quantitative while others will be more qualitative. For each criterium, a score of 0, 1, or 2 will be awarded:
• A score of 0 indicates the segment is unlikely to influence the criteria • A score of 1 indicates the segment is anticipated to have a moderate effect on the criteria • A score of 2 indicates the segment is anticipated to have a significant effect on the criteria The GHD Team shall develop evaluation and scoring methodology documented in a technical memorandum for approval by the City. The GHD Team shall develop a matrix to provide scores for these metrics by segment and sub-segment and will be used to develop an implementation and priority matrix. The matrix shall be shared with the City in a format that allows the City to adjust weighting criteria and scoring.
Task 6 Deliverables
A. Evaluation Criteria and Concept Scoring Methodology Memorandum B. Concept Scoring Matrix
1.7. Task 7: Implementation and Prioritization
The GHD Team shall develop a prioritization strategy to implement the improvement concepts and recommended projects outlined in Task 5: Corridor Strategy Development and Proposed Concepts. This task shall include a funding schedule and strategy while considering other related and overlapping municipal projects, private development projects, deliverability/readiness, potential for collaboration, necessary approvals including California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) requirements, available matching funds, and applicable federal, state, and regional programs that may fund implementation efforts. City staff will assist in informing the consultant of the funding sources they have knowledge of.
The intent of evaluating projects in the previous section is to create a flexible matrix to guide implementation of improvements as compatible opportunities arise. Over time as development occurs or funding sources issue calls for projects, this matrix can be used to evaluate remaining segments or improvements and continue to pursue implementation of the complete corridor as envisioned by the local community.
While this is not an exhaustive list, some of the next steps toward implementation that will be included in this Scope of Work may include:
• Provide CEQA and NEPA recommendations for the Plan and proposed concepts. For the Plan, the City's intent is to seek a CEQA statutory exemption per Senate Bill 922. The City has submitted a Preliminary Environmental Screening for Non-Infrastructure Projects, and received 115
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Title: Sacramento Avenue Complete Streets Corridor Improvement Plan 9 Caltrans concurrence of a Categorical Exclusion as the recommended NEPA action. • Include the recommended improvements from the Sacramento Avenue corridor plan in policy documents and plans, including:
o West Sacramento Bicycle, Pedestrian and Trails Master Plan o General Plan Update
o Mobility Action Plan
o Washington Specific Plan
o SACOG Metropolitan Transportation Plan/Sustainable Community Strategy (MTP/SCS) o West Sacramento Housing Element
o West Sacramento Zoning Code Update
While this is not an exhaustive list, some of the next steps toward implementation that will not be included in this Scope of Work, but may be recommended as next steps in the Final Report may include:
• Conduct Intersection Control Evaluation (ICE) analyses at necessary locations • Coordinate with Caltrans and Union Pacific Railroad to incorporate improvements within their Right- of-Way, where applicable
• Coordinate with YCTD on any changes to bus stop locations/improvements • Coordinate on related/overlapping projects and expand scope of work where possible to include plan implementation where feasible
Task 7 Deliverables
A. Implementation and Prioritization Technical Memorandum
1.8. Task 8: Draft and Final Plan
The consultant shall develop a Plan that is comprehensive, cohesive, and easy to read. The Plan shall summarize the findings and recommendations in a brief written report that includes a prioritized project list with estimated costs, maps and graphics. The draft Plan will be shared with the Transportation, Mobility, and Infrastructure (TMI) Commission, the Planning Commission and City Council for public comment. The consultant shall incorporate feedback into the final Plan. The City expects this Plan will serve as a living document as the City moves forward with implementation, and will be an innovative, illustrative, and comprehensive guide for developing the Sacramento Avenue corridor.
Task 8 Deliverables
A. Sacramento Avenue Corridor Complete StreetsImprovement Plan 116
Contract for Services
GHD, Inc.
November 1, 2022
EXHIBIT B
Schedule of Performance
Contract Start Date
November 1, 2022
Contract End Date
June 30, 2024
117
Contract for Services
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November 1, 2022
EXHIBIT C
Schedule of Fees
118
Kamesh Vedula
Todd TregenzaLindsey Van ParysKendra RamseyMakinzie ClarkPaige ThorntonZach StingerDaniel KehrerChryss Meier Principal-in-ChargeProject ManagerQA / QC
Active Transportation Lead & OutreachTransportation Planning LeadSpatial Analysis & GIS LeadTraffic Operations LeadTransportation Design LeadEnvironmental Lead Total Cost Task # Task Description $ 314 $ 241 $ 282 $ 198 $ 149 $ 113 $ 127 $ 238 $ 153 Task 1 Project Management 2962 446 87$ $17,068 41 $7,269$ 128 $24,337
1.A Project Management Plan
4 4 $ 963
- $ -
- $ - 4 $ 963
1.B Monthly Project Management Meetings
94 124 29 $ 6,037 15 $ 2,535
- $
- 44 $ 8,572
1.C Project Development Team Meetings (5)
5 10 15 $ 2,698 10 $ 1,580
- $ - 25 $ 4,278
1.D Project Invoices & Progress Reports
9 18 27 $ 4,856 10 $ 1,910
- $ - 37 $ 6,766
1.E Project Kick-Off Meeting
222
42 12 $ 2,515
6 $ 1,244 - $
- 18 $ 3,759
Task 2 Stakeholder & Community Engagement 25 28 32 16
4 105 $1,200 $20,315 36 $6,402 339 $40,674 480 $67,391
2.A Development Engagement Plan / Strategy
2 2 $ 397 - $ - 37 $ 4,671 39 $ 5,068
2.B Stakeholder Surveys & Interviews
22 4 $ 878
- $
- 35 $ 3,537 39 $ 4,415
2.C Corridor Walking Tour
2244 12 $ 2,426
8 $ 1,414 8 $ 799 28 $ 4,639
2.D Pop-Up Workshops (2)
666 18 $ 3,530 - $ - 43 $ 5,356 61 $ 8,887
2.E Community Workshops (2)
668 20 $ 3,829 16 $ 2,828 176 $ 21,294 212 $ 27,951
2.F Social Pinpoint Website & Engagement Platform
224 16 24 $ 1,200 $ 4,489
- $ -
- $ - 24 $ 4,489
2.G Engagement & Outreach Summary Memorandum
124 7 $ 1,235 4 $ 632 40 $ 5,018 51 $ 6,885
2.H City Commission Meetings (4)
444 12 $ 2,354
- $
- - $ - 12 $ 2,354
2.I City Council Meetings (2)
222 6 $ 1,177
8 $ 1,528 - $
- 14 $ 2,705
Task 3 Vision Statement and Goal Setting4 24 28
$ $4,550 14 $2,054$ 42 $6,604
3.A Establish Goals & Toolbox for Vision
2 12 14 $ 2,275 11 $ 1,613
- $ - 25 $ 3,888
3.B Develop Project Fact Sheet
2 12 14 $ 2,275
3 $ 441 - $ - 17 $ 2,716
Task 4 Existing Conditions Analysis1 182 14 67 68 60 230 $3,850 $37,180 65 $8,519 $ 295 $45,699
4.A Review & Synthesize Planning Documents
1284 15 $ 2,286 20 $ 2,764
- $ - 35 $ 5,050
4.B Multimodal Intersection Counts (10)
14 5 $ 3,850 $ 4,599
- $ - - $ - 5 $ 4,599
4.C Replica Data Extraction (Travel Patterns, Demographics) 148 13 $ 1,745
- $ - - $
- 13 $ 1,745
4.D Auto LOS & Person Hours of Delay
14 20 25 $ 3,380 - $ - - $
- 25 $ 3,380
4.E Bike / Ped / Transit (LTS, MMLOS, & Network Connectivity) 328 20 20 53 $ 7,122
- $
-
- $ - 53 $ 7,122
4.F Traffic Safety Assessment (Crash History & Risk Factors) 322 168 31 $ 4,247 - $ - - $ - 31 $ 4,247
4.G Future Demand Assessment (Land Use & Travel)
448 16 $ 2,577
- $ - - $ - 16 $ 2,577
4.H Frontage Assessment (Land Use, Streetscape, Landscape) 1 12 13 $ 2,034
8 $ 1,000 - $
- 21 $ 3,034
4.I Visualize Opportunities, Constraints, & Performance Metrics 145 16 26 $ 3,594 37 $ 4,755
- $ - 63 $ 8,349
4.J Existing Conditions Technical Memorandum
1224 204 33 $ 5,595
- $ - - $ - 33 $ 5,595
Task 5 Corridor Strategy Development & Proposed Concepts1 206 18 58 14 189$ $37,753 324 $40,308$ 513 $78,061
5.A Establish Design Basis for Improvement Concepts
2148 15 $ 3,457 11 $ 1,613
- $ - 26 $ 5,070
5.B Remix Streets Alternative Concept Visualization (3 Iterations) 84 308 50 $ 8,109
- $ - - $ - 50 $ 8,109
5.C Streetscape and Landscape Design Concepts
414 9 $ 2,195 93 $ 11,395
- $ - 102 $ 13,590
5.D Mobility Hub Focused Design Study
- $
- 53 $ 6,635 - $ - 53 $ 6,635
5.E Proposed Improvement Concept CAD Layout
224 40 48 $ 11,344
- $ - - $ - 48 $ 11,344
Total Hours Total HoursTotal Project Cost
WRT AIM
Total CostTotal Project Hours
GHD TOTAL GHD Total Hours GHD Direct Expenses GHD Total Cost 119
Kamesh Vedula
Todd TregenzaLindsey Van ParysKendra RamseyMakinzie ClarkPaige ThorntonZach StingerDaniel KehrerChryss Meier Principal-in-ChargeProject ManagerQA / QCActive Transportation Lead & OutreachTransportation Planning LeadSpatial Analysis & GIS LeadTraffic Operations LeadTransportation Design LeadEnvironmental Lead Total Cost Task # Task Description $ 314 $ 241 $ 282 $ 198 $ 149 $ 113 $ 127 $ 238 $ 153 Total Hours Total HoursTotal Project Cost
WRT AIM
Total CostTotal Project Hours
GHD TOTAL GHD Total Hours GHD Direct Expenses GHD Total Cost
5.F Proposed Improvement Concept Renderings & Visualizations 4 4 $ 598 77 $ 9,395 - $ - 81 $ 9,993
5.G Improvement Concept Cost Estimate 2 1 8 20 31 $ 6,712 17 $ 1,991 - $ - 48 $ 8,703
5.H Corridor Strategy & Proposed Concepts Technical Memorandum 1 2 1 6 16 6 32 $ 5,338 73 $ 9,279 - $ - 105 $ 14,617 Task 6 Evaluation & Scoring 1 12 1 16 63 28 52 8 181 $ $27,075 7 $941 $ 188 $28,016
6.A Establish Concept Scoring Matrix 1 2 3 $ 540 - $ - - $ - 3 $ 540
6.B Bike / Ped / Transit (LTS, MMLOS, & Network Connectivity) 1 2 8 20 31 $ 4,099 - $ - - $ - 31 $ 4,099
6.C Monetize Safety Benefit 1 6 18 25 $ 3,425 - $ - - $ - 25 $ 3,425
6.D Monetize VMT & GHG Reduction 1 6 18 8 33 $ 4,646 - $ - - $ - 33 $ 4,646
6.E Monetize Person Hours of Delay Reduction 1 5 8 14 $ 2,005 - $ - - $ - 14 $ 2,005
6.F Environmental Justice & Disadvantaged Community Benefit 1 6 7 $ 1,430 - $ - - $ - 7 $ 1,430
6.G Community Support & Planning Framework Alignment 1 4 4 9 $ 1,632 7 $ 941 - $ - 16 $ 2,573
6.H Calculate BCR for Project Components 1 16 8 8 33 $ 4,555 - $ - - $ - 33 $ 4,555
6.I Evaluation Criteria & Concept Scoring Technical Memorandum 1 4 1 4 16 26 $ 4,743 - $ - - $ - 26 $ 4,743 Task 7 Implementation & Prioritization 1 6 1 11 20 4 4 12 59 $ $10,447 $ $ 59 $10,447
7.A Identify Viable Funding & Implementation Strategies 1 4 4 9 $ 1,632 - $ - - $ - 9 $ 1,632
7.B Develop Project Prioritization Program 2 2 8 2 4 4 22 $ 3,862 - $ - - $ - 22 $ 3,862
7.C CEQA & NEPA Screening Guidance 1 1 8 10 $ 1,661 - $ - - $ - 10 $ 1,661
7.D Implementation & Prioritization Technical Memorandum 1 2 1 4 8 2 18 $ 3,293 - $ - - $ - 18 $ 3,293 Task 8 Final Plan and Approval 2 6 2 4 40 12 66 $ $10,768 26 $3,678 $ 92 $14,446
8.A Draft Complete Streets Corridor Improvement Plan 1 4 1 2 24 8 40 $ 6,449 17 $ 2,375 - $ - 57 $ 8,824
8.B Final Complete Streets Corridor Improvement Plan 1 2 1 2 16 4 26 $ 4,319 9 $ 1,303 - $ - 35 $ 5,622 Total Hours 6 120 18 93 348 142 112 86 20 945 513 339 1,797 Total Budget (without Scope Enhancements)
$ 1,885 $ 28,876 $ 5,072 $ 18,441 $ 52,018 $ 16,092 $ 14,231 $ 20,438 $ 3,054 $ 5,050 $165,155 $ 69,171 $ 40,674 $275,000 120
John Gibbs
Poonam NarkarRohit TakTBD
Principal-in-chargeProject Manager
Project Urban DesignerLandscape Designer
Task # Task Description $ 231 $ 191 $ 125 $ 110
Task 1 Project Management 2 27 12 41 $150 $7,269
1.A Project Management Plan - $ -
1.B Monthly Project Management Meetings 10 5 15 $ 2,535
1.C Project Development Team Meetings (5) 5 5 10 $ 1,580
1.D Project Invoices & Progress Reports 10 10 $ 1,910
1.E Project Kick-Off Meeting 2 2 2 6 $ 150 $ 1,244
Task 2 Stakeholder & Community Engagement 22 14 36 $450 $6,402
2.A Development Engagement Plan / Strategy - $ -
2.B Stakeholder Surveys & Interviews - $ -
2.C Corridor Walking Tour 4 4 8 $ 150 $ 1,414
2.D Pop-Up Workshops (2) - $ -
2.E Community Workshops (2) 8 8 16 $ 300 $ 2,828
2.F Social Pinpoint Website & Engagement Platform - $ -
2.G Engagement & Outreach Summary Memorandum 2 2 4 $ 632
2.H City Commission Meetings (4) - $ -
2.I City Council Meetings (2) 8 8 $ 1,528
Task 3 Vision Statement and Goal Setting 1 3 10 14 $ $2,054
3.A Establish Goals & Toolbox for Vision 1 2 8 11 $ 1,613
3.B Develop Project Fact Sheet 1 2 3 $ 441
Task 4 Existing Conditions Analysis 1 8 40 16 65 $ $8,519
4.A Review & Synthesize Planning Documents 4 16 20 $ 2,764
4.B Multimodal Intersection Counts (10) - $ -
4.C Replica Data Extraction (Travel Patterns, Demographics) - $ -
4.D Auto LOS & Person Hours of Delay - $ -
4.E Bike / Ped / Transit (LTS, MMLOS, & Network Connectivity) - $ -
4.F Traffic Safety Assessment (Crash History & Risk Factors) - $ -
4.G Future Demand Assessment (Land Use & Travel) - $ -
4.H Frontage Assessment (Land Use, Streetscape, Landscape) 8 8 $ 1,000
4.I Visualize Opportunities, Constraints, & Performance Metrics 1 4 16 16 37 $ 4,755
4.J Existing Conditions Technical Memorandum - $ -
Task 5 Corridor Strategy Development & Proposed Concepts 6 22 144 152 324 $ $40,308
5.A Establish Design Basis for Improvement Concepts 1 2 8 11 $ 1,613
5.B Remix Streets Alternative Concept Visualization (3 Iterations) - $ -
5.C Streetscape and Landscape Design Concepts 1 4 48 40 93 11,395$
5.D Mobility Hub Focused Design Study 1 4 24 24 53 $ 6,635
5.E Proposed Improvement Concept CAD Layout - $ -
5.F Proposed Improvement Concept Renderings & Visualizations 1 4 32 40 77 $ 9,395
5.G Improvement Concept Cost Estimate 1 16 17 $ 1,991
5.H Corridor Strategy & Proposed Concepts Technical Memorandum 1 8 32 32 73 $ 9,279 Task 6 Evaluation & Scoring 1 6 7 $ $941
6.A Establish Concept Scoring Matrix - $ -
6.B Bike / Ped / Transit (LTS, MMLOS, & Network Connectivity) - $ -
6.C Monetize Safety Benefit - $ -
6.D Monetize VMT & GHG Reduction - $ -
6.E Monetize Person Hours of Delay Reduction - $ -
6.F Environmental Justice & Disadvantaged Community Benefit - $ -
6.G Community Support & Planning Framework Alignment 1 6 7 $ 941
6.H Calculate BCR for Project Components - $ -
6.I Evaluation Criteria & Concept Scoring Technical Memorandum - $ - Task 7 Implementation & Prioritization $ $
7.A Identify Viable Funding & Implementation Strategies - $ -
7.B Develop Project Prioritization Program - $ -
7.C CEQA & NEPA Screening Guidance - $ -
7.D Implementation & Prioritization Technical Memorandum - $ - Task 8 Final Plan and Approval 2 6 6 12 26 $ $3,678
8.A Draft Complete Streets Corridor Improvement Plan 1 4 4 8 17 $ 2,375
8.B Final Complete Streets Corridor Improvement Plan 1 2 2 4 9 $ 1,303 Total Hours 12 89 232 180 513
Total Budget (without Scope Enhancements)
$ 2,772 $ 16,999 $ 29,000 $ 19,800 $ 600 $ 69,171 WRT Total Cost WRT
WRT Total HoursWRT Direct Expenses
121
Task # Task Description $ 145 $ 181 $ 123 $ 77
Task 1 Project Management $ $
1.A Project Management Plan - $ -
1.B Monthly Project Management Meetings - $ -
1.C Project Development Team Meetings (5) - $ -
1.D Project Invoices & Progress Reports - $ -
1.E Project Kick-Off Meeting - $ -
Task 2 Stakeholder & Community Engagement 75 18 125 121 339 $1,900 $40,674
2.A Development Engagement Plan / Strategy 14 19 4 37 $ 4,671
2.B Stakeholder Surveys & Interviews 3 14 18 35 $ 3,537
2.C Corridor Walking Tour 4 4 8 $ 799
2.D Pop-Up Workshops (2) 12 16 15 43 $ 500 $ 5,356
2.E Community Workshops (2) 38 10 64 64 176 $ 1,200 $ 21,294
2.F Social Pinpoint Website & Engagement Platform $ -
2.G Engagement & Outreach Summary Memorandum 8 8 8 16 40 $ 200 $ 5,018
2.H City Commission Meetings (4) - $ -
2.I City Council Meetings (2) - $ -
Task 3 Vision Statement and Goal Setting $ $
3.A Establish Goals & Toolbox for Vision - $ -
3.B Develop Project Fact Sheet - $ -
Task 4 Existing Conditions Analysis $ $
4.A Review & Synthesize Planning Documents - $ -
4.B Multimodal Intersection Counts (10) - $ -
4.C Replica Data Extraction (Travel Patterns, Demographics) - $ -
4.D Auto LOS & Person Hours of Delay - $ -
4.E Bike / Ped / Transit (LTS, MMLOS, & Network Connectivity) - $ -
4.F Traffic Safety Assessment (Crash History & Risk Factors) - $ -
4.G Future Demand Assessment (Land Use & Travel) - $ -
4.H Frontage Assessment (Land Use, Streetscape, Landscape) - $ -
4.I Visualize Opportunities, Constraints, & Performance Metrics - $ -
4.J Existing Conditions Technical Memorandum - $ -
Task 5 Corridor Strategy Development & Proposed Concepts $ $
5.A Establish Design Basis for Improvement Concepts - $ -
5.B Remix Streets Alternative Concept Visualization (3 Iterations) - $ -
5.C Streetscape and Landscape Design Concepts - $ -
5.D Mobility Hub Focused Design Study - $ -
5.E Proposed Improvement Concept CAD Layout - $ -
5.F Proposed Improvement Concept Renderings & Visualizations - $ -
5.G Improvement Concept Cost Estimate - $ -
5.H Corridor Strategy & Proposed Concepts Technical Memorandum - $ - Task 6 Evaluation & Scoring $ $
6.A Establish Concept Scoring Matrix - $ -
6.B Bike / Ped / Transit (LTS, MMLOS, & Network Connectivity) - $ -
6.C Monetize Safety Benefit - $ -
6.D Monetize VMT & GHG Reduction - $ -
6.E Monetize Person Hours of Delay Reduction - $ -
6.F Environmental Justice & Disadvantaged Community Benefit - $ -
6.G Community Support & Planning Framework Alignment - $ -
6.H Calculate BCR for Project Components - $ -
6.I Evaluation Criteria & Concept Scoring Technical Memorandum - $ - Task 7 Implementation & Prioritization $ $
7.A Identify Viable Funding & Implementation Strategies - $ -
7.B Develop Project Prioritization Program - $ -
7.C CEQA & NEPA Screening Guidance - $ -
7.D Implementation & Prioritization Technical Memorandum - $ - Task 8 Final Plan and Approval $ $
8.A Draft Complete Streets Corridor Improvement Plan - $ -
8.B Final Complete Streets Corridor Improvement Plan - $ - Total Hours 75 18 125 121 339
Total Budget (without Scope Enhancements)
$ 10,862 $ 3,259 $ 15,375 $ 9,278 $ 1,900 $ 40,674 AIM
AIM Total HoursAIM Direct ExpensesAIM Total Cost
Outreach LeadGraphics DesignerOutreach ManagerOutreach Coordinator 122
Contract for Services
GHD, Inc.
November 1, 2022
EXHIBIT D
Sacramento Avenue Complete Streets Corridor Improvement Plan Program Supplement Agreement
123
F032
FOR FEDERAL-AID PROJECTS NO 03-5447F15
0322000130
March 02, 2022
03-YOL-0-WSAC
STPLNI-5447(052)
5447
This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 07/11/2016 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. 07-04 approved by the Administering Agency on 1/10/2007 (See copy attached).
The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages.
In West Sacramento, Sacramento Avenue Complete Streets Corridor Improvement Plan.
Outline a vision of transportation and land enhancements 0.0(MILES) Estimated Cost Federal Funds Matching Funds
Z23E $273,000.00
CITY OF WEST SACRAMENTO
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to
ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:
Location:
Project Number:
E.A. Number:
Locode:
PROJECT LOCATION:
TYPE OF WORK: LENGTH:
LOCAL OTHER
$308,371.00 $35,371.00 $0.00
Chief, Office of Project Implementation
STATE OF CALIFORNIA
Department of Transportation
$273,000.00
Program Supplement 03-5447F15-F032- ISTEA Page 1 of 7
03/03/2022
DocuSign Envelope ID: CF1014B1-07D8-4609-8048-2683AA751BFE Community Development Director
3/15/2022 | 10:33:07 AM PDT
3/15/2022
124
SPECIAL COVENANTS OR REMARKS
03-YOL-0-WSAC
STPLNI-5447(052)
1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual.
B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s).
C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE-approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration.
D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract.
Failure to do so will cause a delay in the State processing invoices for the construction phase.
Attention is directed to Section 15.7 "Award Package" of the Local Assistance Procedures Manual.
E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period.
If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual.
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SPECIAL COVENANTS OR REMARKS
03-YOL-0-WSAC
STPLNI-5447(052)
F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal-assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance.
ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date.
H. As a condition for receiving federal-aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov.
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SPECIAL COVENANTS OR REMARKS
03-YOL-0-WSAC
STPLNI-5447(052)
2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project-specific PROGRAM SUPPLEMENT.
B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.
C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.
D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE.
E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.
F. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice.
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03-YOL-0-WSAC
STPLNI-5447(052)
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.
H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items.
I. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations.
J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.
K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph:
ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested.
All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA.
L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system
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STPLNI-5447(052)
of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE.
M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance.
N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200.
O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.
P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement.
3. Appendix E of the Title VI Assurances (US DOT Order 1050.2A) During the performance of this agreement, the ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractor, (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:
Pertinent Nondiscrimination Authorities:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); C. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on the basis of sex);
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as Program Supplement 03-5447F15-F032- ISTEA Page 6 of 7
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STPLNI-5447(052)
amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
H. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
L. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Program Supplement 03-5447F15-F032- ISTEA Page 7 of 7
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CITY OF WEST SACRAMENTO
MEMORANDUM
TO: Finance & Technology Department
FROM: Aaron Laurel, City Manager
DATE: 3/7/2022
SUBJECT: Delegation of Authority to Sign
Per City Resolution #07-04 (attached) dated January 10, 2007, the City Manager or his designee has the authority to execute all Master Agreements, Program Supplement Agreement, Fund Exchange Agreements and/or any amendments hereto with the California Department of Transportation on behalf of the City.
This memorandum is to confirm that the Community Development Director is a designee for the City Manager to sign such documents.
Aaron Laurel
City Manager
Encl: Resolution #07-04
DocuSign Envelope ID: 0350ECC8-7B17-4E12-96BC-B69AB6C4C926 3/10/2022 | 9:31:52 PM PST
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EXHIBIT E
CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
[Labor Code § 1861]
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
CONSULTANTS
By:
[Name, Title]
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EXHIBIT F
LABOR COMPLIANCE
1. Labor Discrimination
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
“No discrimination shall be made in the employment of persons upon public works because of their race, color, national origin or ancestry, physical handicap, mental condition, marital status, or sex of such person, except as provided in Section 12940 of the Government Code, and every General Contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter.”
2. Program Supplement Agreement - Subcontracting Requirements Any subcontract entered into by the City as a result of the Program Supplement Agreement shall contain provisions B, C, F, H, I, K, and L under Section 2 the Program Supplement Agreement. These provisions are reiterated below:
1. The City agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the State for that phase(s) unless no further State or Federal funds are needed for those future phase(s).
2. The State and the City agree that any additional funds which might be made available by future Federal obligations will be encumbered on this project by use of a State-approved "Authorization to Proceed" and Finance Letter. The City agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration.
3. Payments to the City for project-related travel and subsistence (per diem) expenses of the City forces and its consultants and subconsultant claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file State employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by the City are in excess of DPA rates, the City is responsible for the cost difference, and any overpayments inadvertently paid by State shall be reimbursed to State by the City on demand within thirty (30) days of such invoice.
4. The City agrees, and will assure that its consultants and subconsultant will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual project cost items.
5. Every sub-recipient receiving project funds under this the Program Supplement Agreement shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable state and federal regulations.
6.The state reserves the right to conduct technical and financial audits of project work and records and the City agrees, and shall require its consultants and subconsultant to agree, to cooperate with State by making all appropriate and relevant project records available for audit and copying as required by the following paragraph:
the City, the City's consultants and subconsultant, and State shall each maintain and make available for inspection and audit by State, the California State Auditor, or any duly authorized representative of State or the United States all books, documents, papers, accounting records, and other evidence 135
pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and the City shall furnish copies thereof if requested. All of the above referenced parties shall make such Program Supplement Agreement, Program Supplement, and contract materials available at their respective offices at all reasonable times during the entire project period and for three (3) years from the date of submission of the final expenditure report by the State to the FHWA.
7. The City, its consultants and subconsultant shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred project costs and matching funds by line item for the project. The financial management system of the City, its consultants and all subconsultant shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by State.
3. Disadvantage Business Enterprise Contract Provisions for U.S. DOT-Assisted Contracts DBE Participation
It is the Consultant's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26 and the City's DBE program developed pursuant to these regulations.
If Consultant has committed to utilize a DBE in the performance of this U.S. DOT-assisted contract, Consultant's submitted “DBE Participation Commitment Form,” in combination with the executed subcontract and/or purchase order will be utilized to monitor Consultant's DBE commitment. Unless otherwise directed and/or approved by the City prior, Consultant must not effectuate any changes to its DBE participation commitment.
Consultant must complete and submit all required DBE documentation to effectively capture DBE utilization on the City's U.S. DOT-assisted contracts whether achieved race neutrally or race consciously. No changes to Consultant's DBE commitment shall be made until proper review and approval by the City is rendered in writing.
To ensure full compliance with the requirements of 49 CFR, Part 26 and the City's DBE Program, Consultant must:
1. Take appropriate actions to ensure that it will satisfy good faith efforts to meet the DBE agreement goal and continue to meet the DBE commitment made at award, when change orders or other modifications alter the dollar amount of the Agreement or the distribution of work. Consultant must apply and report its DBE goal commitment against the total Agreement value, including any change orders and/or amendments.
DBE Policy and Applicability
In accordance with federal financial assistance agreements with the U.S. Department of Transportation (“U.S. DOT”), the City has adopted a Disadvantaged Business Enterprise (“DBE”) Policy and Program in conformance with Title 49 CFR, Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”.
The project is subject to these stipulated regulations and AUTHORITY’s DBE Program. To ensure that the City achieves its overall DBE Program goals and objectives, the City encourages the participation of DBEs as defined in 49 CFR, Part 26, in the performance of agreements financed in whole or in part with U.S. DOT funds. Pursuant to the intent of these Regulations, it is also the policy of the City to:
Fulfill the spirit and intent of the DBE Program regulations published under U.S. DOT Title 49 CFR, Part 26, by ensuring that DBEs have an equitable opportunity to compete for and participate in the City's 136
U.S. DOT-assisted contracts and subcontracts. The City is firmly committed to the DBE Program objectives, which are designed to:
1. Ensure non-discrimination in the award and administration of the City's U.S. DOT-assisted contracts;
2. Create a level playing field by which DBE’s can fairly compete for the City's U.S. DOT-assisted contracts;
3. Ensure that the City's DBE Program and Overall Goals are narrowly tailored in accordance with applicable law;
4. Ensure that only firms that fully meet 49 CFR, Part 26 eligibility standards are permitted to participate as DBE’s in the the City's DBE Program;
5. Help remove barriers which impede the participation of DBE’s in the City's U.S. DOT-assisted contracts;
6. Promote the use of DBE’s in all types of U.S. DOT-assisted contracts and procurement activities conducted by the City;
7. Provide training and other assistance through our resource partners to address capital, bonding, and insurance needs;
8. Assist in the development of DBE firms that can compete successfully in the marketplace outside of the DBE Program; and
9. Establish and provide opportunities for DBEs by providing flexibility in the implementation of the City's DBE Program.
Nondiscrimination Statement
The Consultant, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin.
In administering the Local Agency components of the DBE Program Plan, the Consultant, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
Contract Assurance
Under 49 CFR 26.13(b):
The Consultant or subconsultant must not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Consultant must carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts. Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this contract, or such other remedy as recipient deems appropriate.
Prompt Progress Payment
The prime Consultant or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the consultant on account of the work performed by the subconsultant, to the extent of each subconsultant’s interest therein. Any delay or postponement of payment may take place only for good 137
cause and with the City's prior written approval. Any violations of these provisions shall subject the violating consultant to the penalties, sanctions and remedies specified in Section 3321 of the CCC. This requirement shall not be constructed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the consultant, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultant.
Prompt Payment of Withheld Funds to Subconsultants
No retainage will be held by the the City from progress payments due to the prime Consultant. Any retainage kept by the prime consultant or by a subconsultant must be paid in full to the earning subconsultant within fifteen (15) days after the subconsultant’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating consultant or subconsultant to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code and Section 3321 of the CCC. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the Consultant, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.
Any violations of these provisions shall subject the violating prime consultant or subconsultant to the penalties, sanctions, and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime consultant, deficient subconsultant performance, or noncompliance by a subconsultant.
Monitoring and Enforcement Mechanism for Prompt Payment Per 49 CFR 26.29(d), and LAPM Ch. 9, section 9.6, the City is required to stipulate the monitoring and enforcement mechanisms in the contract to ensure that all subconsultant, including DBEs, are promptly paid. These mechanisms may include:
• Appropriate penalties for failure to comply with the terms and conditions of the contract. • The mechanisms may also provide that any delay or postponement of payment among the parties may take place only for good cause with the Agency’s prior written approval.
DBE Substitution, Termination and On-Going Good Faith Efforts The City requires that Consultant not terminate a DBE without the City's prior written consent. This includes, but is not limited to, instances in which Consultant seeks to perform work originally designated for a DBE with its own work force or those of an affiliate, a non-DBE firm, or with another DBE firm. The City will provide such written consent only if it agrees, for reasons stated in the concurrence document, that Consultant has good cause to terminate the DBE firm. For purposes of this section, good cause includes the following circumstances:
1. The listed DBE subconsultant fails or refuses to execute a written contract;
2. The listed DBE subconsultant fails or refuses to perform the work of its subcontract in a way consistent with normal industry standards. Provided, however, that good cause does not exist if the failure or refusal of the DBE subconsultant to perform its work on the subcontract results from the bad faith or discriminatory action of consultant;
3. The listed DBE subconsultant fails or refuses to meet consultant's reasonable, nondiscriminatory bond requirements;
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4. The listed DBE subconsultant becomes bankrupt, insolvent, or exhibits credit unworthiness
5. The listed DBE subconsultant is ineligible to work on public works projects because of suspension and debarment proceedings pursuant 2 CFR Parts 108, 215 and 1,200 or applicable state law;
6. Consultant has determined that the listed DBE subconsultant is not a responsible consultant;
7. The listed DBE subconsultant voluntarily withdraws from the project and provides to you written notice of its withdrawal;
8. The listed DBE is ineligible to receive DBE credit for the type of work required;
9. A DBE owner dies or becomes disabled with the result that the listed DBE Consultant is unable to complete its work on the contract;
10. Other documented good cause that you determine compels the termination of the DBE.
Provided, that good cause does not exist if Consultant seeks to terminate a DBE it relied upon to obtain the Agreement so that Consultant can self-perform the work for which the DBE Consultant was engaged or so that Consultant can substitute another DBE or non-DBE Consultant after Agreement award.
Before transmitting to the City its request to terminate and/or substitute a DBE subconsultant, Consultant must give notice in writing to the DBE, with a copy to the City, of its intent to request to terminate and/or substitute, and the reason for the request.
The prime Consultant must give the DBE five (5) days to respond to Consultant's notice and advise the City and Consultant of the reasons, if any, why it objects to the proposed termination of its subcontract or purchase order and why the City should not approve. Consultant's action. If required in a particular case as a matter of public necessity (e.g. safety), Consultant may provide a response period shorter than five (5) days. In the event of an approved DBE substitution, termination, or failure of a DBE to complete its work on the contract for any reason, the DBE must be substituted with another DBE or adequate good faith efforts must be documented by Consultant within five (5) days, to the extent needed to meet the contract-specific DBE goal. Note: The five (5) day period may be extended for an additional five (5) days if necessary, at the request of the Consultant.
If the Agency authorizes the termination or substitution of a listed DBE, the prime consultant must makegood faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must (1) perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal, and (2) be certified as a DBE with the most specific available NAICS codes and work codes applicable to the type of work the DBE will perform on the contract at the time of the prime consultant’s request for substitution. The prime Consultant shall submit their documentation of good faith efforts within 7 days of their request for authorization of the substitution.
The Agency may authorize a 7-day extension of this submittal period at the prime consultant's request.
More guidance can be found at 49 CFR 26 app A regarding evaluation of good faith efforts to meet the DBE goal.
The substitute DBE cannot work on the Agreement until its work eligibility has been confirmed and required subcontracts, supplies, trucking commitments, or other services have been approved by the City.
Per 49 CFR 26.53(h), LAPM Ch. 9, section 9.8, the City shall include administrative remedies in case the prime consultant or subconsultant terminate or substitute a DBE firm without the City’s written approval. The remedies may include, but are not limited to:
• The consultant shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 15-G, or Exhibit 10-O2 139