WEST SACRAMENTO CITY COUNCIL AND WEST SACRAMENTO REDEVELOPMENT SUCCESSOR
AGENCY & WEST SACRAMENTO FINANCING AUTHORITY
City Council Regular Meeting
AUGUST 16, 2023 AGENDA
Martha Guerrero, Mayor
Quirina Orozco, Mayor Pro Tem
Norma Alcala, Council Member
Dawnté Early, Council Member
Verna Sulpizio Hull, Council Member
Aaron Laurel, City Manager
Jeffrey Mitchell, City Attorney
5:30 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
NONE
CONSENT AGENDA
2. Capital Projects
CONSIDERATION OF APPROVAL OF AMENDMENT AND ASSUMPTION OF A CONTRACT FOR PROFESSIONAL SERVICES FROM DOMENICHELLI & ASSOCIATES, INC. TO DUGAN MANAGEMENT & ENGINEERING, INC. AND APPROVAL OF A PROFESSIONAL SERVICES
CONTRACT WITH WOOD RODGERS FOR ENGINEERING 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 approve the professional services contract transfer from Domenichelli & Associates, Inc. (D&A) to 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 Dugan Management and Engineering, Inc. (DM&E) and the professional engineering services contract with Wood Rodgers for the Riverwalk Trail South Extension Project. (CIP15131) Recommendation: Staff respectfully recommends that the City Council: (1) Approve the Amendment and Assumption of Contract for Professional Services from Domenichelli & Associates, Inc. to Dugan Management and Engineering, Inc; (2) Authorize the City Manager or his designee to execute the transfer of the professional services contract from D&A to DM&E for the remaining contract amount of $373.522.50; (3) Authorize the City Manager to execute non-substantive changes or modifications to the DM&E Contract for Professional Services, with approval from the City Attorney; (4) Authorize the City Manager or his designee to make contract amendments up to 15% ($60,840) of the original contract value; (5) Award a professional services contract with Wood Rodgers for professional engineering services for the Riverwalk Trail South Extension Project; (6) Authorize the City Manager or his designee to execute a professional services contract Wood Rodgers for an amount not to exceed $617,283.00; (7) Authorize the City Manager to execute nonsubstantive changes or modifications to the Wood Rodgers Contract for Professional Services, with approval from the City Attorney; and (8) Authorize the City Manager or his designee to make contract amendments up to 15% ($92,593) of the value of the contract.
3. Capital Projects
CONSIDERATION OF AMENDMENT NO. 1 TO THE CONTRACT FOR SERVICES WITH HITOUCH BUSINESS SERVICES; AMENDMENT NO. 2 TO THE CONTRACT FOR SERVICES WITH HAMMEL, GREEN & ABRAHAMSON (HGA); AND AMENDMENT NO. 1 TO THE CONSTRUCTION CONTRACT WITH JPB DESIGNS, INC. FOR THE CITY HALL ANNEX PROJECT (CIP 54019)
Objective: The objective of this report is to provide the City Council with sufficient information for the approval of Amendment No. 1 to the Contract for Services with HiTouch Business Services, Amendment No. 2 to the Contract for Services with HGA, and Amendment No.1 to the Construction Contract with JPB Designs, Inc. for the City Hall Annex Project (CIP 54019).
Recommendation: Staff respectfully recommends that the City Council: (1) Approve Amendment No. 1 to the Contract for Services with HiTouch Business Services in the amount of $10,000 for the West Gateway Place Contract (CIP 54019); (2) Approve Amendment No. 2 to the Contract for Services with HGA in the amount of $44,720 for the 820 Delta Lane Tenant Improvement Contract (CIP 54019); (3) Approve Amendment No. 1 to the Construction Contract with JPB Designs, Inc. in the amount of $46,788.02 for the West Gateway Place Contract (CIP 54019); (4) Delegate authority to the City Manager, or his designee, to execute Amendment No. 1 to the Contract for Services with HiTouch Business Services for the West Gateway Place Contract (CIP 54019); (5) Delegate authority to the City Manager, or his designee, to execute Amendment No. 2 to the Contract for Services with HGA for the 820 Delta Lane Tenant Improvement Contract (CIP 54019); and (6) Delegate authority to the City Manager, or his designee, to execute Amendment No. 1 to the Construction Contract with JPB Designs, Inc. for the West Gateway Place Contract (CIP 54019) and execute any amendments or change orders up to an additional 15% ($7,018.20).
4. Capital Projects
2 CONSIDERATION OF RESOLUTION 23-62 AMENDING THE CAPITAL IMPROVEMENT PROGRAM (CIP) AND APPROVING AMENDMENT 2 TO THE PROFESSIONAL SERVICES CONTRACT WITH ZANJERO, INC. FOR THE WATER MASTER PLAN UPDATE (CIP 21037) Objective: The objective of this report is to provide the City Council with sufficient information to adopt Resolution 23-62 amending the Capital Improvement Program (CIP) and to approve Amendment 2 to the professional services contract with Zanjero, Inc. for the Water Master Plan Update. (CIP 21037)
Recommendation: Staff respectfully recommends that the City Council: (1) Adopt Resolution 23- 62 amending the Capital Improvement Program budget for CIP 21037; and (2) Approve and authorize the City Manager, or his designee, to execute Amendment 2 to the professional services contract with Zanjero, Inc. in the amount of $126,513.
5. Community Development
CONSIDERATION OF THE FIRST AMENDMENT TO THE “DEFERRED FIRE ACCESS AGREEMENT” BETWEEN THE CITY OF WEST SACRAMENTO AND 801 RIVERFRONT
PROPERTY OWNER, LLC
Objective: This item considers an amendment to the “Deferred Fire Access Agreement” (see Attachment 1) between the City of West Sacramento (City) and 801 Riverfront Property Owner, LLC (Developer) which modifies the stated prerequisites to obtaining a Temporary Certificate of Occupancy.
Recommendation: Staff respectfully recommends that the City Council approve the First Amendment to the Deferred Fire Access Agreement (Amendment) between the City of West Sacramento and 801 Riverfront Property Owner, LLC for the WEST project.
6. Community Development
CONSIDERATION OF RESOLUTION 23-65 APPROVING THE FINAL MAP OF SUBDIVISION NO. 5211 AND SUBDIVISION NO. 4936, “FOUR40 WEST” ALONG WITH THE ASSOCIATED
SUBDIVISION IMPROVEMENT AGREEMENT AND PRIVATE ROAD AGREEMENT Objective: This item seeks City Council approval of Resolution 23-65 approving the Final Map of Subdivisions 5211 and 4936, “Four40 West”, and the associated Subdivision Improvement Agreement and Private Road Agreement.
Recommendation: Staff respectfully recommends that the City Council adopt Resolution 23-65 approving the Final Map of Subdivisions 5211 and 4936, “Four40 West”, and the associated Subdivision Improvement Agreement and Private Road Agreement.
7. City Manager's Office
REQUEST FOR CONSIDERATION OF RESOLUTION 23-64 AUTHORIZING AN APPROPRIATION OF $661,470 FOR STRATEGIC AND CRISIS COMMUNICATIONS
CONSULTING AND OTHER COMMUNICATIONS AND PUBLIC OUTREACH IMPROVEMENTS 3 Objective: This report requests City Council consideration of Resolution 23-64, authorizing a budget appropriation of $661,470 for strategic and crisis communications consulting and public outreach improvements for the next two fiscal years.
Recommendation: Staff respectfully recommends that the City Council approve Resolution 23-64, approving an appropriation of $661,470 over the next two fiscal years for strategic and crisis communications consulting and public outreach improvements.
8. City Manager's Office
CONSIDERATION OF APPROVING A SUPPORT POSITION ON ASSEMBLY CONSTITUTIONAL AMENDMENT 1 (AGUIAR-CURRY) RELATING TO LOCAL GOVERNMENT FINANCING Objective: The objective of this item is to provide the Council with sufficient information to approve a support position on Assembly Constitutional Amendment (ACA) 1 (Aguiar-Curry) relating to local government financing.
Recommendation: Staff respectfully recommends that the City Council approve a support position on ACA 1 (Aguiar-Curry) relating to local government financing, authorize the Mayor to sign and transmit the attached letter of support, and authorize the City Manager, or his designee, to take all actions necessary to support the legislation.
9. City Manager's Office
CONSIDERATION OF APPROVAL OF THE MINUTES OF THE AUGUST 2, 2023 REGULAR
MEETING 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 August 2, 2023 Regular Meeting of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority.
Recommendation: Staff respectfully recommends that the City Council approve the minutes of the August 2, 2023 Regular Meeting of the West Sacramento City Council, Redevelopment Successor Agency, and West Sacramento Financing Authority.
PUBLIC HEARINGS
NONE
REGULAR AGENDA
10. City Manager's Office
CONSIDERATION OF RESOLUTION 23-67, PROPOSED CHANGES TO FISCAL YEARS 2023/24 AND 2024/25 BENEFIT SUMMARIES FOR UNREPRESENTED EMPLOYEE GROUPS, UPDATES TO THE PUBLICLY AVAILABLE PAY SCHEDULE FOR FISCAL YEAR 2023/24, AND UPDATES TO THE AUTHORIZED POSITION LIST FOR FISCAL YEAR 2023/24 4 Objective: The purpose of this report is to provide sufficient information for the City Council to consider proposed changes to the FY 2023/24 and 2024/25 Benefit Summaries for the City’s unrepresented employee groups (Specialists and Professionals, Confidential, Management, Safety Management and Executive Management) and City Council, approval of Resolution 22-67 allocating budget for the proposed changes, updates to the publicly available pay schedule (Classification Plan) for FY 2023/24, and the revised Authorized Position List for FY 2023/24.
Recommendation: Staff respectfully recommends that the City Council: (1) Approve the amended and updated Authorized Position List (APL) for Fiscal Year 2023/24; (2) Approve the amended and updated publicly available pay schedule (Classification Plan) for Fiscal Year 2023/24; (3) Approve the updated benefit summaries for the City Council, Specialists and Professionals, Confidential, Management, Safety Management and Executive Management groups for Fiscal Years 2023/24 and 2024/25; (4) Authorize the City manager to place employees newly hired into the Specialists and Professionals, Confidential, Management, Safety Management and Executive Management groups at an advanced vacation accrual tier within specified guidelines; (5) Approve amendments to Administrative Policy II-D-3 expanding the application of Exceptional Performance Awards to employees in the Management, Safety Management, Confidential, and Specialists & Professionals groups; and (6) Approve Resolution 23-67 authorizing budget appropriations to fund the changes proposed in the Benefit Summaries, revised APL, and revised Classification Plan.
GENERAL ADMINISTRATION FUNCTION – PART II
11. COUNCIL COMMUNICATIONS / ASSIGNMENTS
Bikeshare Policy Steering Committee --------------------------------------------Guerrero, Alternate - Early City/County 2x2 ----------------------------------------------------Guerrero/Orozco, Alternate – Sulpizio Hull City/School 2x2 ------------------------------------------------------Guerrero/Sulpizio Hull, Alternate - Alcala Executive Commission to Address Homelessness --------------------Sulpizio Hull, Alternate - Orozco EIFD Public Financing Authority----------------------------------------------------Vacant, Alternate - Vacant League of California Cities --------------------------------------------------- Alcala, Alternate – Sulpizio Hull Local Agency Formation Commission ---------------------------------------------------------------------- Alcala Port District Commission ---------------------------------------------------------Guerrero, Early, Sulpizio Hull Remote Access Network ------------------------------------------------------------------------------------Guerrero River City Regional Stadium Financing Authority------------------------------------------Guerrero, Orozco Sacramento Area Council of Governments (SACOG) ------------------------Guerrero; Alternate - Early Sacramento Regional County Sanitation District Board --------------Orozco; Alternate - Sulpizio Hull West Sacramento Area Flood Control Agency JPA ----------------------------Alcala; Alternate - Orozco Yolo County Housing Authority-------------------------------------------------Early, Alternate - Sulpizio Hull Yolo Transportation District -----------------------------------------------------Early, Alternate - Sulpizio Hull Yolo Habitat Conservancy ------------------------------------------------------------------------------Sulpizio Hull Yolo-Solano Air Quality Management District ----------------------------Alcala; Alternate – Sulpizio Hull Yolo Subbasin Sustainable Groundwater Agency-------------------------Sulpizio Hull; Alternate - Early
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--------Sulpizio Hull
12. COUNCIL APPOINTMENTS, REAPPOINTMENTS, REMOVALS TO/FROM CITY AND NONCITY BOARDS AND COMMISSIONS NONE
5 13. 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
F. Adjourn
I, Jennifer Cusmir, City Clerk, declare under penalty of perjury that the foregoing agenda for the August 16, 2023 regular and closed session meetings of the West Sacramento City Council, Redevelopment Successor Agency and Financing Authority was posted August 11, 2023 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: August 16, 2023 ITEM #
SUBJECT:
CONSIDERATION OF APPROVAL OF AMENDMENT AND ASSUMPTION OF A
CONTRACT FOR PROFESSIONAL SERVICES FROM DOMENICHELLI & ASSOCIATES, INC. TO DUGAN MANAGEMENT & ENGINEERING, INC. AND APPROVAL OF A
PROFESSIONAL SERVICES CONTRACT WITH WOOD ROGERS FOR ENGINEERING SERVICES FOR THE RIVERWALK TRAIL SOUTH EXTENSION PROJECT (CIP 15131) INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Amber Wallace, Senior Civil Engineer
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 approve the professional services contract transfer from Domenichelli & Associates, Inc. (D&A) to Dugan Manaemen and Engineering, Inc. (DM&E) for project management services and approve the professional engineering services contract with Wood Rodgers for the Riverwalk Trail South Extension Project.
RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Approve the Amendment and Assumption of Contract for Professional Services from Domenichelli & Associates, Inc. (D&A) to Dugan Management and Engineering, Inc (DM&E); 2) Authorize the City Manager or his designee to execute the transfer of the professional services contract from D&A to DM&E for the remaining contract amount of $373.522.50; 3) Authorize the City Manager to execute non-substantive changes or modifications to the DME&E Contract for Professional Services, with approval from the City Attorney; 4) Authorize the City Manager or his designee to make contract amendments up to 15% ($60,840) of the original contract value;
5) Award a professional services contract with Wood Rodgers for professional engineering services for the Riverwalk Trail South Extension Project;
6) Authorize the City Manager or his designee to execute a professional services contract Wood Rodgers for an amount not to exceed $617,283.00;
7) Authorize the City Manager to execute non-substantive changes or modifications to the Wood Rodgers Contract for Professional Services, with approval from the City Attorney; and 8) Authorize the City Manager or his designee to make contract amendments up to 15% ($92,593) of the value of the contract.
BACKGROUND
The Riverwalk Trail South Extension Project (Project) is a critical element of the Bridge District Specific Plan (BDSP). The Project begins at Mill Street and extends the Riverwalk Trail 2,000 linear feet (0.37 miles) south, under the Pioneer Bridge and to the south end of the Bridge District. The Riverwalk Trail South Extension provides access to Riverfront Street and to the proposed Riverfront Parking Lot Project currently under design.
Planning and design efforts achieved during this contract will set the groundwork for further Riverwalk Trail expansion south along the River to the McGowan Bridge.
On October 19, 2022, the City Council approved the Riverwalk Trail South Extension Project contract to Domenichelli & Associates, Inc to perform “extra help” project management services as an independent consultant. Under this Contract, the Project work was assigned solely to Thomas Dugan within D&A’s organization. The original contract value was $405,600.00.
Mr. Dugan has been collaborating with multiple City Departments (Economic Development & Housing, Capital Projects, Parks & Recreation, Community Development), outside agencies (West Sacramento Area Flood Control Agency, Central Valley Flood Protection Board (CVFPB)), and projects (Riverfront Street Extension and Parking lot projects). Under Mr. Dugan’s oversight, the Riverwalk Trail South Extension project has progressed through project scoping, data gathering, and through the RFP process of selecting the design engineers - Wood Rodgers.
7 Riverwalk Trail South Extension Project
August 16, 2023
ANALYSIS
DM&E Contract
On June 16, 2023, Mr. Dugan terminated his employment with D&A and established Dugan Management & Engineering, Inc. Mr. Joseph Domenichelli (D&A’s President) and Mr. Dugan reached an amicable decision to transfer D&A’s contract from D&A, Inc. to DM&E, Inc. The City was notified of Mr. Dugan’s change in employment status and worked with legal and finance to work through the contract assignment process for transferring contracts between parties. D&A formalized this contract transfer request in an Assignment Letter dated June 16, 2023.
On July 17, 2023, the City issued the “Amendment and Assumption of Contract for Services” language for D&A and DM&E review and approval. Both D&A and DM&E took no exceptions to the contract language and gave the City consent to move forward regarding approval of the Contract on July 17, 2023.
Wood Rodgers Contract
On May 22, 2023, staff solicited a request for proposals (RFP) for professional engineering services using the City’s online procurement system, OpenGov Procurement. On June 15, 2023, City staff responded to bidder questions; no questions precipitated the need to extend the bid period. On June 22, 2023, the City received one proposal from the following firm:
1. Wood Rodgers
A three (3) person evaluation panel ranked the sole proposal. City staff evaluated the firm and their proposal based on the following criteria: Proposal Transmittal Letter (10%), Qualifications and Experience (32%), Proven Ability (33%), Technical Approach (15%), and Acceptance of the City’s Contract for Services (10%). After reviewing Wood Rodgers qualifications, experience, and proposed work plan, the staff selection panel determined that Wood Rodgers had a strong understanding of the project scope of work and that their team was qualified to provide the required design services. The attached contract includes the negotiated scope and fees (Attachment 2).
Environmental Considerations
The City prepared an Environmental Impact Report (EIR) dated June 1993 for the Bridge District Specific Plan (BDSP, formerly the Triangle Specific Plan). The City amended the EIR by means of a Supplemental Environmental Impact Report (SEIR) dated March 2009 and was finalized June 2009. The draft and final SEIR were prepared in accordance with the State of California Environmental Quality Act (CEQA) guidelines. The Riverwalk Trail South project is identified and analyzed in the BDSP.
Further environmental documentation may be needed before construction of the Riverwalk Trail South project; therefore Wood Rodgers is tasked with examining all available documentation for general project familiarization and to identify additional environmental documentation that is needed to advance the Riverwalk Trail South design and construction.
Commission Recommendation
Not Applicable.
Strategic Plan Integration
Not Applicable.
Alternatives
Following are the City Council’s primary action alternatives:
1) Approve the recommended actions as stated above.
2) Modify or defer the recommended actions.
3) Elect not to proceed with recommended actions or cancel the project.
Alternative 1 is recommended to seamlessly facilitate the advancement of the Bridge District’s Riverwalk Trail South Extension Project to meet the overall project objectives and schedule.
Coordination and Review
This report was prepared by the Capital Projects Department in coordination with and review by the Economic Development and Housing Department and the Finance Department. 8 Riverwalk Trail South Extension Project
August 16, 2023
Budget/Cost Impact
The City’s Economic Development and Housing (EDH) Department currently has allocated $3 million in funding for permitting, design, and construction of the Riverwalk Trail South Extension Project. The Riverwalk Trail South Extension Project is included in the City’s current Capital Improvement Program (CIP) as CIP 15131. Adequate funding exists within the CIP project budget for the recommended actions and no additional funds are requested at this time.
ATTACHMENTS
1) Amendment and Assumption of Contract for Services
2) Professional Services Contract with Wood Rodgers, Inc 3) Riverwalk Trail South Extension Project Map
9 AMENDMENT AND ASSUMPTION OF CONTRACT FOR SERVICES
THIS AMENDMENT AND ASSUMPTION OF CONTRACT FOR SERVICES (this “Assumption”) is made and entered into effective as of August 16, 2023 ("Effective Date") by and between Domenichelli and Associates, Inc., a California corporation (“Assignor”) and Dugan Management & Engineering, Inc., a California corporation (“Assignee”), and City of West Sacramento, a California general law city ("City").
Recitals
This Assumption is made with respect to the following facts:
A. Assignor and City entered into a Contract for Services, dated October 19, 2022 ("Agreement") to provide services related to the Riverwalk Trail South Extension Project as described therein Attachment A.
B. On June 16, 2023 Assignor requested that the City consent to the assignment of the Agreement to Assignee, as set forth in Attachment B.
C. Assignee has agreed to assume and perform all of liabilities and obligations previously performed by Assignor and arising under the Agreement from and after the date hereof.
Assumption
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Amendment. All references to "Domenichelli & Associates" in the Agreement are hereby amened to reference "Dugan Management & Engineering."
2. Assumption. Assignee hereby assumes all liabilities and obligations of Assignor under the Agreement which relate to the periods from and after the Effective Date and agrees (a) to perform all obligations of Assignor under the Agreement which are to be performed or which become due on or after the date hereof, including but not limited to any indemnification obligations; and (b) to provide confirmation of all insurance requirements to City. Payments for services performed after the Effective Date shall be made to Assignee.
3. Successors and Assigns. This Assumption shall be binding upon and inure to the benefit of the parties’ respective successors and assigns.
4. Counterparts. This Assumption may be executed in counterparts, each of which shall be deemed a duplicate original, and may be signed electronically. By signing this document in electronic form, the parties agree that this Assignment may be transmitted and signed electronically by all Parties, and that such signatures shall have the same force and effect as original signatures, in accordance with California law and regulations, including but not limited to Civil Code section 1633.7.
IN WITNESS WHEREOF, the parties have executed this Assumption as of the date set forth above.
Attachment 1
10 ASSIGNOR:
Domenichelli & Associates, Inc.
a California corporation
By: ____________________
Name: Joseph Domenichelli
Title: President
ASSIGNEE:
Dugan Management & Engineering, Inc.
a California corporation
By: ____________________
Name: Thomas Dugan
Title: President
CITY:
City of West Sacramento
a California general law city
By: ____________________
Aaron Laurel, City Manager
ATTEST:
By: _________________________________
Jennifer Cusmir, City Clerk
APPROVED AS TO FORM:
By: __________________________________
Jeffrey Mitchell, City Attorney
11 ATTACHMENT A
12 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.
Domenichelli and Associates, Inc.
CPE22-295 Engineering Consulting Services Riverwalk South Extension Expires 11/1/2024
DocuSign Envelope ID: F88E666E-70B3-4B50-B5E4-5F1BA3BACA39 13 2
Domenichelli and Associates, Inc.
CPE22-295 Engineering Consulting Services Riverwalk South Extension Expires 11/1/2024
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:
DocuSign Envelope ID: F88E666E-70B3-4B50-B5E4-5F1BA3BACA39 14 3
Domenichelli and Associates, Inc.
CPE22-295 Engineering Consulting Services Riverwalk South Extension Expires 11/1/2024
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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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.
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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. 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.
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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]
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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: _________________________
Joseph Domenichelli, President
Date Executed: _________________
DocuSign Envelope ID: F88E666E-70B3-4B50-B5E4-5F1BA3BACA39 11/8/2022 | 4:36:03 PM PST
11/14/2022 | 2:56:36 PM PST
21 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 DocuSign Envelope ID: F88E666E-70B3-4B50-B5E4-5F1BA3BACA39 22 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.
DocuSign Envelope ID: F88E666E-70B3-4B50-B5E4-5F1BA3BACA39 23 CITY OF WEST SACRAMENTO
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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
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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
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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.
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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
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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
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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
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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.
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Scope of Work for Engineering Consulting Services RFP NO 22-037 August 2022 DOMENICHELLI & ASSOCIATES P a g e | 1
SCOPE OF PROJECT MANAGEMENT SERVICES
TASK 1 - PROJECT MANAGEMENT OF THE RIVER WALK EXTENSION PROJECT Background
The Riverwalk Trail South Extension Project (CIP 15131) is included in the Bridge District Specific Plan.
The Bridge District is a planned 188-acre urban community located along the Sacramento River between the Tower Bridge to the north and the CEMEX property and Pioneer Bridge to the south. The River Walk Extension will be a vital component to reestablishing the City’s historic connection to the Riverfront and providing public access to the River which has been one of the City’s preeminent objectives since Bridge District Plan conception. The River Walk Extension Project is estimated to cost 3 million dollars.
This project provides for City acquisition of this planned River Walk segment (approximately 1,300 linear feet of riverfront) and installation of Phase 1 River Walk improvements (i.e. hardscape path, lighting, landscaping, etc.). The scope and timing of the portion that is located south of Pioneer Bridge is dependent on CVFPB regulatory processes (e.g., determination of flood protection setback line). This project may also consider design and construction of recreation and/or civic amenities underneath the Highway 50 elevated structure (Parcel EE) as the City has a long-term lease with Caltrans 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 design process for this project in consultation with Caltrans. The Riverfront Street Extension/ 5th Street Cycle Track 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.
Project Management Scope
The following outlines Tom Dugan, Domenichelli & Associates (D&A) Senior Engineer, general scope of services as they pertain to the planning, permitting, design, and construction of the City of West Sacramento’s Riverwalk Trail South Extension Project. Mr. Dugan recognizes that additional scope of services may be asked of Mr. Dugan provided the request is within the scope of the Project. Mr. Dugan understands that he may coordinate with and utilize other City Staff and resources as considered necessary to perform the services outlines below; all other outside resources unless under City contract will require additional authorization by City. Mr. Dugan recognizes that each task below may involve conducting special studies relative to assigned area(s) of responsibility and preparing appropriate analyses and reports. These analysis and reports will be reviewed and/or presented to the City’s upper management.
Regulatory Agency Permit and Stakeholder Coordination
• Coordinate with Cal Trans, Central Valley Flood Protection Board (CVFPB), Fish and Wildlife, CA Water Resources Department and U.S. Army Corps of Engineers to secure necessary permits for construction in levee prism on the crown of a levee on the Sacramento River. • Coordinate activities with City Departments and Divisions and other Project stakeholders as appropriate as necessary to obtain project related permits • Conduct coordination and conduct meetings (assumed monthly unless required otherwise)
EXHIBIT B
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Design Management and Oversite
• Prepare requests for Proposals for consultant design contracts, environmental compliance and right of way documentation.
• Assist evaluate consultant services proposals and prepare recommendation of award. • Assist in the design and management of public works, capital improvements, street, utility, and storm drain maintenance.
• Perform engineering planning and plan checking of hired consultant plans, specification, and cost estimates for completeness. As needed, the hired consultants’ contract documents will be signed and stamped by Mr. Dugan on the City’s behalf.
• Prepare specifications and estimates for various types of construction projects, including streets, storm drains, sewer and water systems, if such documents are not prepared by the hired design consultant.
Project Messaging and Public Outreach
• Make project presentations to the City Council, commissions, boards, and city employees. • Coordinating with the City public outreach officer regarding timely Project messaging via City website, mailing, and social media.
• Represent the City to outside agencies and organizations. This is not limited to conducting and/or participating in public outreach meetings.
• Make project presentations to the City Council, commissions, boards, city employees and public groups.
Project Bid and Award
• Prepare and/or assist in the development of construction related bid packages that will be publicly bid using the City’s OpenGov platform.
• Prepare and/or assist in developing City Council agenda item providing recommendation of award to specifically bid construction projects.
Construction Management and Inspection
• Assuming an RFP for 3
rd party construction management services is not required, Mr. Dugan would serve as the City’s construction manager and would provide high level general inspection services.
Document management would utilize the City’s Virtual Project Management (VPM) platform currently being utilized.
• It is assumed that a project specific inspector would be hired or a City inspector would be assigned to the Project.
• This scope assumes an RFP for specialty inspection (e.g., material testing, structural and foundations, electrical, mechanical facility testing) would be issued for each specific project bid.
Mr. Dugan would facilitate the development of the RFP and evaluation of the proposals. • Coordination with the design engineer who would be tasked with providing engineering services during construction (e.g., Submittal reviews, response to RFI and design clarifications, change order negotiations, punch list, preparing record drawings).
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Scope of Work for Engineering Consulting Services RFP NO 22-037 August 2022 DOMENICHELLI & ASSOCIATES P a g e | 3
TASK 2 - ON-CALL PROJECT MANAGEMENT FOR CAPITAL IMPROVEMENTS PROJECTS ASNEEDED Background
The City of West Sacramento will utilize D&A Engineering for on-call Project Management services onCapital Improvement Projects as they relate to engineering design, environmental documentation, permitting and public engagement activities to complete project as-needed. These on-call Project Management services will be performed by Tom Dugan, Senior Engineer.
Project Management Scope
The following outlines Mr. Dugan on-call Project Management services. Additional scope and services may be requested provided they are within Mr. Dugan’s professional capabilities. These services include, but are not limited to:
On-Call Project Management Services
• Assist in the design and management of public works, capital improvements, street, utility, and storm drain maintenance.
• Perform engineering planning, plan checking and inspection activities. • Prepare specifications and estimates for various types of construction projects, including streets, storm drains, sewer and water systems.
• Coordinate with Cal Trans, Central Valley Flood Protection Board (CVFPB), Fish and Wildlife, CA Water Resources Department and U.S. Army Corps of Engineers. • Coordinate activities with other departments and divisions as appropriate. • Conduct special studies relative to assigned area(s) of responsibility and prepares appropriate analyses and reports.
• Represent the department to outside agencies and organizations. • Stamp and sign civil design plans.
• Prepare requests for Proposals for consultant design contracts, environmental compliance and right of way documentation.
• Evaluate consultant services proposals.
• Conduct public outreach.
• Make project presentations to the City Council, commissions, boards, city employees and public groups.
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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. .
DocuSign Envelope ID: F88E666E-70B3-4B50-B5E4-5F1BA3BACA39 34 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
Domenichelli and Associates, Inc.
CPE22-295 Engineering Consulting Services Riverwalk South Extension Expires 11/1/2024
DocuSign Envelope ID: F88E666E-70B3-4B50-B5E4-5F1BA3BACA39 35 ATTACHMENT B
36 DOMENICHELLI AND ASSOCIATES, INC.
CIVIL ENGINEERING
5180 Golden Foothill Parkway, Suite 220 El Dorado Hills, CA 95762 [916] 933-1997 [916] 933-4778 Fax Amber Wallace, PE 6-16-2023
Senior Civil Engineer
City of West Sacramento
Capital Projects Department
1110 West Capitol Avenue, 1st Floor
West Sacramento, CA 95691
Subject: Reassignment of Riverfront Trail South Extension Contract Dear Amber,
This letter represents my request on behalf of Domenichelli and Associates, Inc. (D&A) to reassign our current contract with the City of West Sacramento for the “Riverwalk Trail South Extension Project (CIP 15131), and other projects as needed” to Dugan Management Engineering, Inc. (DME). Tom Dugan is the President of the Company. D&A will retain Tom Dugan on a part-time employee basis until the reassignment agreement is complete and fully executed.
This reassignment will only pertain to the above referenced project. The Linden Acres Project will remain under the current contract with D&A and the recent selection of D&A for On-Call Professional Engineering Services will not be impacted by this reassignment request.
All outstanding invoices and subsequent invoices prior to execution of the requested reassignment agreement, shall be paid in full to D&A under our current contract for the subject project as a condition of the new agreement.
Let me know if you have any questions regarding this request.
Thank you,
Joseph Domenichelli, PE
President
37 Wood Rodgers, Inc ATTACHMENT 2
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CONTRACT FOR SERVICES
THIS CONTRACT is made on August 16, 2023, by and between the CITY OF WEST SACRAMENTO (“City”), and Wood Rodgers, Inc. (“Consultant”).
WITNESSETH:
WHEREAS, the City desires to retain Wood Rodgers, Inc. for engineering services for the Riverwalk Trails South Extension Project; and
WHEREAS, the Consultant has presented a proposal for such services to the City, dated June 22, 2023, (attached hereto as Exhibit “A” Scope of Work) 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 Exhibit “A” Scope of Work.
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 Wednesday August 16, 2026.
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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 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 Six Hundred Seventeen Thousand Two Hundred Eighty Three Dollars ($617,283.00), 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 "C” Fee Schedule.
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 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. 39 Wood Rodgers, Inc
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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.
C. The work contemplated under this Contract is a public work for the purposes of Labor Code section 1720, and is subject to the payment of prevailing wages. Accordingly, Consultant shall comply with the provisions of Exhibit "E" Labor Compliance.
9. WARRANTIES AND RESPONSIBILITIES - CONSULTANT:
A. Consultant agrees and represents that it is qualified to properly provide the services set forth in Exhibit “A” Scope of Work in a manner which is consistent with the generally accepted standards of Consultant’s profession. 40 Wood Rodgers, Inc
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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.
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 41 Wood Rodgers, Inc
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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.
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 protect, hold free and harmless, defend and indemnify the City, its consultants, and each of their officers, employees and agents, from any and all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees and expenses of litigation arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Consultant, its employees or anyone else employed by the Consultant in the performance of professional design services under this agreement, to the extent of the Consultant’s proportionate percentage of fault.
To the extent permitted by Civil Code section 2782.8, for all other claims unrelated to the provision of professional design services, the Consultant shall protect, hold free and harmless, defend and indemnify the City, its consultants, and each of their officers, employees and agents, from any and all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees and expenses of litigation, which arise out of or are in any way connected with the Consultant’s, or its subcontractors’ or suppliers’, performance under this agreement or failure to comply with any of the obligations contained in the agreement. This indemnity shall imply no reciprocal right of the Consultant in any action on the agreement pursuant to California Civil Code section 1717 or section 1717.5. To the fullest extent legally permissible, this indemnity, defense and hold harmless agreement by the Consultant shall apply to any and all acts or omissions unrelated to the provision of professional design services, whether active or passive, on the part of the Consultant or its agents, employees, representatives, or subcontractor’s agents, employees and representatives, resulting in claim or liability, irrespective of whether or not any acts or omissions of the parties to be indemnified hereunder may also have been a contributing factor to the liability, except such loss or damage which was caused by the active negligence, the sole negligence, or the willful misconduct of the City.
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 42 Wood Rodgers, Inc
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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.
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.
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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).
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 44 Wood Rodgers, Inc
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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.
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: ATTN: Director of Capital Projects
City of West Sacramento
1110 West Capitol Avenue
West Sacramento, CA 95691
Email:
Consultant: Wood Rodgers, Inc
Attn: Matthew Salveson
3301 C Street, Bldg 100-B
Sacramento, CA 95816
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]
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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: __________________________
Matthew Salveson, Principal
Date Executed: _________________
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EXHIBIT A
Consultant Proposal/Scope of Work
47 City of West Sacramento | South Riverwalk Extension Project (#23-008-RFP) Page | 1
SCOPE OF WORK
The following scope of work is intended to provide all services required to develop a fully permitted and constructible set of contract documents pertaining to the South Riverwalk Extension Project (Project).
Task 1 – Project Management
Task 1.1 - Project Administration
Wood Rodgers’ (WR) Project Manager (PM) will lead and oversee all aspects of the Project design, permitting, property acquisition and easement needs, schedule, and budget. The Project Manager will be the City’s regular and primary point of contact and shall regularly meet with the City’s Project Manager. The WR PM responsibilities include, but are not limited to, managing all Consultant’s staff, preparing monthly progress reports, providing design schedule updates, conducting progress meeting including preparing meeting agenda and minutes; and preparing monthly invoices.
The WR PM will identify and present to the City’s PM any design constraints that may influence the design schedule; identify informational needs and decisions needed from the, propose solutions to Project related constraints to ensure the Project schedule, deliverables, and budget are met. These items will be brought to the City PM’s attention as they are identified and reflected in the monthly progress report.
The monthly progress report will include, but not be limited to, describing that month’s work progress; work schedule status and issues/conflicts; listing informational/decisions need to maintain the project schedule and deliverables; action items; and listing anticipated upcoming work and constraints. Progress reports will be submitted with monthly invoices.
Invoices will be listed by task, expenditures for the invoice period, total expenditures to date, percent of work complete and remaining budget.
Task 1.2 - Project Schedule
Wood Rodgers will develop and maintain a comprehensive Critical Path Method (CPM) schedule for the Project. This schedule will be updated as necessary to show the actual progress schedule. The project schedule will be developed using Microsoft Project and will show the major milestone timeline and will identify all major tasks associated with completion of Plans, Specifications, and Estimate (PS&E). Wood Rodgers’ Project Manager will review the schedule with the City’s Project Manager and will modify the schedule as necessary to obtain the City’s concurrence. The schedule will be in Gantt Chart format.
Task 1.3 - Coordination Meetings
Wood Rodgers PM or their staff shall assist City staff and if requested provide presentations before the City Council or Commissions as requested by the City. This may include, but is not limited to, giving oral presentations and preparing written materials and documents (e.g., brief statements, reports, and exhibits).
A project kick-off meeting will be scheduled as soon as practical after Notice to Proceed. This meeting will be used to establish the Project Development Team (PDT) and lines of communication, review the project scope of work, refine the project schedule, and will also be used for the identification of key project goals and issues. 48 City of West Sacramento | South Riverwalk Extension Project (#23-008-RFP) Page | 2
Additional PDT meetings will be held as necessary to discuss pertinent project issues, at major milestones, and as needed to obtain direction from the PDT. For each PDT meeting, Wood Rodgers will prepare the meeting agendas, in consultation with City’s Project Manager, and will distribute the agenda prior to the meeting, will arrange for appropriate participants to attend; and will prepare and distribute meeting minutes to the participants.
Wood Rodgers’ PM and their assigned staff shall maintain continuous communication with the City and other interested utilities, public/state agencies, and key Project stakeholders throughout the entire Project. Wood Rodgers will be available upon request to attend and participate in meetings with regulatory agencies and property owners regarding permits and land acquisition and/or easement negotiations. Wood Rodgers will document key discussions and decisions obtained from their interaction with these interested parties and will incorporate such information into the Project design documents.
In conjunction with City staff, Wood Rodgers will identify all agencies with permitting authority over any aspect of the Project and will establish and maintain communications and coordination efforts with each agency throughout the Project. These agencies may include, but are not limited to, State Lands, Caltrans, CVFPB, USACE, U.S.
Department of Fish and Wildlife (USDFW), Reclamation District 900, National American Heritage Association.
Task 1.3 Assumptions:
1. Wood Rodgers will attend/participate in two (2) Council Meetings and two (2) public workshop meetings.
2. Wood Rodgers will attend two (2) meetings with each regulatory agency identified through the design process, and two (2) meetings with each private property owner (assume three (3) property owners).
Task 1.4 - Quality Control
Quality Control (QC) consists of task specific activities that apply the QA policies at each level to maintain an acceptable level of quality through the application of sound project management, guidance and review.
Every team member is responsible for ensuring quality as an integral part of his/her project responsibility. In addition, prior to the submittal of any draft or final document, a senior staff engineer on our team will also complete a QA/QC review. The reviewer will verify that the documents are prepared in conformance with the contract requirements and generally accepted professional standards of engineering. Wood Rodgers’ Project Manager will have the general responsibility for ensuring that all elements of the QA/QC are complied with, including ensuring that adequate resources are available to perform quality work.
Task 1 Deliverables:
• Meeting agendas, minutes, action items
• Monthly Progress Reports
• Project Schedule
Task 2 - Land Acquisition and Right-of-Way Negotiations Task 2.1 - Right of Way and Easement Appraisals
Wood Rodgers subconsultant Monument will prepare one (1) USPAP compliant appraisal report and review appraisal for each parcel requiring right of way acquisition. This work will include:
• A pre-appraisal meeting with the client.
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• A notice of intent to appraise letter (NODA) is sent, inviting the owner to accompany the appraiser on the real property inspection, per California Eminent Domain Law. • Property inspections are undertaken, as well as inspections of the neighborhoods in which the properties are located. During the inspection, an inventory of the property attributes is collected based on visual observation. The inspection will take into account issues such as availability of utilities, topography, drainage, external site influences i.e. traffic patterns and surrounding uses, access, frontage, visibility, and quantity, quality and condition of improvements.
• Identification/analysis of market conditions relevant to the subject property type under appraisal. • An investigation of public records for the property’s zoning, entitlement status, general plan and flood hazard area classification, as well as investigation of the property tax assessor’s records for attributes of the property and project details and mapping, if applicable. The appraiser will also research the reasonable probability of a zone change.
• Consideration of the highest and best use, both as if vacant and as improved (if applicable). • Application of all relevant valuation methodologies, including analysis of severance damages and cost to cure measures, as necessary.
• Reconciliation of the applicable approaches used into a single fair market value opinion. • Preparation of a written report to comply with USPAP, and the Code of Ethics of the Appraisal Institute.
Task 2.2 - Right of Way Negotiations and Acquisitions
Wood Rodgers’ subconsultant Monument will contact the property owner(s) and, if possible, meet with the owner in person at a convenient location to present the City’s offer after receipt of the approved appraisal and determination of just compensation by the City.
Owners will be given reasonable opportunity to consider offers, present materials they believe are relevant to determining property values and suggest modifications in the proposed terms and conditions of the purchase. Every reasonable effort will be made to acquire the necessary real property rights expeditiously through negotiations. The Acquisition Agent will proactively communicate with the property owner on a regular basis, meet in person when necessary, and respond to any questions, concerns or clarifications requested by the property owner. If an amicable agreement is reached with the property owner, the Acquisition Agent will prepare a memorandum transmitting the owner’s signed agreement and executed deeds to sell the property, for review and approval by the City. Monument will negotiate with the owner for up to 60 days from the initial offer.
After an offer is accepted and the purchase agreement is approved by the City, Wood Rodgers’ Escrow Coordinator will transmit the original documents to the escrow company. The Escrow Coordinator will review the updated title report and prepare a memorandum of disapproved title exceptions. The escrow company will prepare escrow instructions, transmit a copy of the purchase contract to the title company and begin the process of satisfying all monetary liens, prorating taxes and clearing adverse title exceptions and encumbrances. Upon escrow’s request for funds from the City, the estimated closing amount will be deposited in escrow, and upon close, the escrow holder will record a deed and issue a title insurance policy. The Escrow Coordinator will provide ongoing support to the escrow officer to ensure the timely execution of escrow instructions, coordination of title clearance documents and processing of wire transfers.
Task 2 Assumptions:
1. Right of way and easement acquisition on up to three (3) parcels.
2. City will pay all document and recording fees.
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Task 2 Deliverables:
• Appraisal Report
• Title Documents
Task 3 - Environmental Documentation and Permitting
Wood Rodgers will review all existing environmental documents currently obtained by the City. We will identify any issues/concerns with the current documents, additional documentation or clarification needs, and/or time constraints associated with the current or needed environmental documentation.
Wood Rodgers’ design and planning efforts will be developed to allow the Project to meet Federal permitting requirements should Federal funding opportunities becomes available. Wood Rodgers will identify permitting requirements and timelines, and in conjunction with City staff, secure the necessary permits and authorizations.
Wood Rodgers will identify any additional supporting documentation needs and preparing and submitting the documents to the respective agencies. We will lead efforts in investigating, preparing documentation, and permits associated tribal, cultural, and historic preservation matters. We will prepare required permit applications unless otherwise prepared by the City. All permitting fees will be paid by the City. Additionally, WR will coordinate with ECORP and ensure all necessary cultural resource and tribal consultation documents are included in any permitting applications.
Task 3.1 – Biological Resources Report
Wood Rodgers will conduct fieldwork in order to assess the presence/absence of sensitive biological resources (e.g., species or habitats), or to determine the potential for occurrence of such resources that may not be detectable when the fieldwork is conducted. In addition, literature research will be conducted to determine the potential for sensitive plant and animal species in the Project area. The location of any sensitive biological resources present on site, including plants and plant communities, will be mapped. Based on experience with the North Riverwalk Extension Project, the key concern will be identifying elderberry shrubs that may provide suitable habitat for the for the federally threatened Valley Elderberry Longhorn Beetle. If any elderberry shrubs are present, Wood Rodgers will avoid where feasible; however, the biological resources report will be prepared to support Section 7 Consultation between the U.S. Army Corps of Engineers and U.S. Fish and Wildlife Service should impacts to elderberry shrubs and/or beetles be unavoidable.
Wood Rodgers will prepare a Biological Resources Report which will include a description of the field methods used and the assessment of the Project area. The Biological Resources Report will list the plant and animal species present, as well as a general description of the plant communities occurring within the Project area. If any sensitive resources are found on the site, a graphic will be included with the Report displaying the location of the sensitive plant communities on site and any sensitive biological resources observed. Mitigation measures for potential impacts to sensitive species will be included as necessary. This document will be prepared primarily to support the Army Corps 408 permit review and ensuring the project is consistent with all Endangered Species Act requirements.
Task 3.1 Deliverables:
• Biological Resources Report
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Task 3.2 – Cultural Resources Inventory Report
Wood Rodgers’ Subconsultant ECORP will prepare a Cultural Resources Inventory Report to identify archaeological or historic cultural resources in the area and to evaluate the potential impact that the Project might have on these resources. This report will be prepared in compliance with Public Resources Code 15064.5, determining the significance of impacts to archeological and historical resources. Where feasible, this effort will build off of prior analysis provided in the Bridge District Master Plan EIR and Supplemental EIR. If any resources are identified, they will be evaluated to determine if they meet any qualified criteria for eligibility on the National Register of Historic Places or the California Register of Historical Resources.
A cultural records search will be conducted through the Northwest Information Center in Sacramento, which serves the Yolo County area under the California Historical Resources Information System. As part of this effort, a list of Native American groups in the area will be requested from the Native American Heritage Commission. With City approval, ECORP will contact each tribe via certified mail. After 30 days, a follow–up will be made via telephone with those groups that have not responded to the initial letter. All Native American consultation efforts will be documented pursuant to Assembly Bill 52 (AB 52) under CEQA. The Cultural Resources Inventory Report will be prepared to satisfy CEQA requirements and will also include the federal requirements under Section 106 so it can be easily used by the US Army Corps of Engineers (USACE) during the 408 Permit coordination.
Based on a review of maps and aerial photographs, there are two known resources within the Project Area: the Rice Mill Growers Association Mill Complex and an unrecorded segment of the western levee for the Sacramento River (P57-632). The Mill Complex was determined to not be eligible for the NRHP or CRHR due to lack of integrity; the levee segment within the Project Area has not been evaluated. Additionally, there are other structural remains related to the rice mill south of the Pioneer Bridge that would require documentation and evaluation. ECORP will update the record for the Mill Complex to include the elements of the rice mill, document and evaluate the levee segment within the Project Area, and document and evaluate as many as two additional built environment features. ECORP will also document two archaeological resources; however, evaluation of these resources may require a sub-surface testing plan that would be completed under a separate agreement.
Task 3.2 Assumptions:
1. The City will be responsible for tribal consultation and preparation of tribal documents.
Task 3.2 Deliverables:
• Cultural Resources Report
Task 3.3 - Phase 1 Environmental Site Assessment
Wood Rodgers subconsultant Blackburn Consulting (Blackburn) will prepare a Phase 1 Environmental Site Assessment (ESA) for the project. The ESA will follow ASTM E1527-21 Standard Practice for Environmental Site Assessment: Phase I Environmental Site Assessment Process to assess whether potential sources or indications of hazardous materials conditions are present within or adjacent to the project corridor.
Blackburn will conduct a records and published literature review, and site reconnaissance which will cover the following tasks:
• Review published literature for geology and groundwater conditions within the Project limits. • Review title information, as available (e.g., title report or chain of title provided by others). 52 City of West Sacramento | South Riverwalk Extension Project (#23-008-RFP) Page | 6
• Review on-line regulatory databases GeoTracker (State Water Resources Control Board) and EnviroStor (Department of Toxic Substances Control (DTSC)) for known impacts and/or previous environmental data that exists for the Project area.
• Review prior environmental reports prepared for the Project. • Conduct a site reconnaissance to observe current land use and indications of potential hazardous material contamination on or adjacent to the Project limits. This includes documentation of areas showing evidence of surface staining, storage, dumping, handling, and mixing areas for hazardous materials (such as pesticides and fuel products), and apparent locations of fuel tanks and wells. • Review historical aerial photography, topographic maps, and Sanborn Maps covering the Project limits and surrounding areas for indications of sources for potential contamination. • Review a commercial database including federal, state, and county records for indications of the use, misuse, or storage of hazardous and/or potentially hazardous materials on or near the Project limits. • Based on the historical research, attempt to identify past and present operations conducted on or adjacent to the Project limits to assess the potential for hazardous material impacts.
Blackburn will prepare an ESA Report that includes:
• General site description.
• General geology, groundwater, and surface/subsurface conditions. • Findings of our document reviews, owner interviews, site reconnaissance, historical evaluations, and regulatory records reviews.
• Location and general extent of known or suspected contamination on or adjacent to the Project limits, as applicable.
• Recommendations for further investigation and analysis, if necessary. • Limitations of the report.
• Vicinity and site maps.
Before starting the ESA, Blackburn needs any required rights-of-entry to private parcels if public access is not available.
Task 3.3 Deliverables:
• One (1) Phase 1 Environmental Site Assessment Report (PDF Format) Task 3.4 - Central Valley Flood Protection Board (CVFPB) Encroachment Permit and the 408 USACE Levee Permit
Wood Rodgers will provide all environmental studies, documentation, and resources needed in support of the CVFPB Encroachment Permit application. Wood Rodgers will also provide early coordination with the USACE 408 Division to ensure that the National Environmental Policy Act (NEPA) review will adequately support the 408 permit requirements. Wood Rodgers will provide as-needed environmental support throughout the CVFPB and 408 permit reviews.
Acquisition of a CVFPB Encroachment Permit can be a very lengthy task (between one and two years from the time of application submittal). Wood Rodgers will complete pre-application coordination with CVFPB and USACE early during the 30% design in order to introduce the project to the two key agencies with permitting authority over the project and to address any concerns they may have for the project design early in the project development process, in order to streamline the agencies’ issuance of permits.
As a federal agency, USACE is required to complete an evaluation of their permitting action in compliance with NEPA.
Wood Rodgers will use our understanding of the federal process and the way federal agencies coordinate to save the 53 City of West Sacramento | South Riverwalk Extension Project (#23-008-RFP) Page | 7
City substantial project development costs as well as eliminate the potential for expensive delays in the permit approval process.
Task 3.4 Deliverables:
• CVFPB Permit
• USACE 408 Permit
Task 3.5 - West Sacramento Area Flood Control Agency Coordination and Permit Wood Rodgers will coordinate with the West Sacramento Area Flood Control Agency (WSAFCA) with regards to WSAFCA's obligations to oversee and protect the levees within Reclamation District (RD ) 900 and RD537. Wood Rodgers will prepare any permit applications required and will provide as-needed support throughout the permit review and authorization process.
Task 3.5 Deliverables:
• WSAFCA Permit
Task 3.6 - Caltrans Coordination and Permit
Wood Rodgers will assist the City with coordinating with Caltrans on any changes necessary to the existing maintenance agreement, airspace lease, etc. within State right of way under the US 50/Pioneer Bridge. Wood Rodgers will prepare an encroachment permit application, if needed, and can submit on the City’s behalf. Wood Rodgers will coordinate with Caltrans during design to ensure the trail and parking lot do not conflict with the bridge columns or other features within the Caltrans right of way. This effort is expected to be minimal as most of this effort will be completed as part of Phase 1 of the Riverfront Parking Lot project.
Task 3.6 Deliverables:
• Caltrans Encroachment Permit
• Caltrans Airspace Lease/Maintenance Agreement (if applicable) Task 4 - Design
Task 4.1 - Topographic Surveying and Base Map
Wood Rodgers will provide all topographic surveying to support the Project efforts. Survey information will utilize previously obtained survey information in the Bridge District as a base and will conform to match the existing improvements on public and private project that border the Project area. Survey information will be provided at scales of 1”=20’ or 1”= 40’ and with minimum 1-foot contours. Adequate survey and utility information will be collected to design the South Riverwalk Extension, drainage, above and belowground utility and infrastructure, facilities, Universal Road, connection to the proposed Riverfront Parking Lot, the existing Riverwalk (north of the Project), and Riverfront Road.
Wood Rodgers will establish the levee offsets and facilitating the City’s land acquisition and easement efforts. Our effort will include, but is not limited to, interpolating title reports and plat and legal descriptions pertaining to the properties associated with the Project area.
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Wood Rodgers will work with the City to coordinate with WSAFCA’s Sacramento River West North Levee Project.
WSAFCA efforts in collaboration with this Project and other City projects will set the stage for the levee easement and land acquisition needed for this Project.
Wood Rodgers will review other data provided by the City and will verify the accuracy of the provided information prior to use in the development of any Project related documents.
Wood Rodgers will create a topographic base map from the topographic survey and other provided/available data that will be used as the base for design. In addition, adjacent affected properties will be shown from record information by Title Reports. Assessor Parcel Numbers (APN) for each parcel will be shown. The APN will be a text entity in the base map with no linked attribute information. The source of the APNs will be the County Assessor’s Office.
Task 4.1 Assumptions:
1. City will pay or wave all encroachment permit fees necessary to complete survey.
2. City will assist with obtaining owner permission to survey on private property.
Task 4.1 Deliverables:
• Topographic Survey and Base Map
Task 4.2 – Plats and Legal Descriptions
Wood Rodgers will prepare preliminary (draft) plat and legal documents for right of way and easement acquisition.
Wood Rodgers will research available Caltrans survey monumentation and/or other right-of-way boundary recorded data and will perform a boundary survey to establish right of way parcel lines.
Upon review by City staff, final plat and legal documents will be prepared to be used for right of way and easement appraisal and acquisition.
Task 4.2 Assumptions:
1. Up to six (6) plat and legal documents will be prepared.
2. Wood Rodgers will obtain up to four (4) title reports.
3. Right of way acquisition will commence in a timely manner such that title reports will only have to be purchased once.
Task 4.2 Deliverables:
• Up to six (6) plat and legal documents
Task 4.3 – Utility Coordination
Wood Rodgers will perform utility coordination consistent with Chapter 13 of the Caltrans Right-of-Way Manual and Chapter 14 of the Caltrans Local Assistance Procedures Manual (LAPM). The work will include:
• Obtain current utility maps and incorporate utility locations into Base Map. • Request Conflict Resolution and Liability Determination from the affected utilities, as needed. • Prepare Report of investigation, Notices to Owner, and Utility Agreements, as needed. 55 City of West Sacramento | South Riverwalk Extension Project (#23-008-RFP) Page | 9
• Submit Report of investigation, Notices to Owner, and Utility Agreements to Caltrans District Utility Coordinator for review and approval.
Wood Rodgers will also perform utility research of the local agencies and utility providers to identify existing utility locations based on records drawings. This information will be incorporated into the base map. As part of this task, Wood Rodgers will pothole underground utilities within the Project site that may be in conflict with proposed improvements.
In conjunction with City staff, Wood Rodgers will prepare and submit all required LAPM forms for utility certification, if applicable.
Task 4.3 Assumptions:
1. Potholing effort can be completed in one (1) day.
2. City will provide a letter authorizing Wood Rodgers to work on the City’s behalf for utility coordination.
Task 4.3 Deliverables:
• Utility Maps
• Report of Investigation, Notices to Owner, and Utility Agreements • Utility Certification (if applicable)
Task 4.4 - Conceptual 30% Design and Report
Wood Rodgers will develop two conceptual design alternatives, considered 30% designs, that portray:
1) A basic Project buildout reflecting a 12-foot wide paved trail/access road with 4-foot wide compacted decomposed gravel shoulders and essentials safety feature (e.g., lights), and 2) A full Project buildout including the basic trail elements and reflecting a paved trail/access road, the proposed path lights, safety features to be determined), artistic features, public seating venue facilities, and landscaping.
Both conceptual design alternatives will be ADA compliant, meet the regulatory agency requirements, and will include design for Phase 2 of the Riverfront Parking Lot. Additionally, both alternatives will include pedestrian/bicycle connection(s) between the trail and parking lot, protect and stabilize the levee, maintain public safety, and accommodate O&M and safety vehicles.
Each conceptual design will consist of: 3D graphical views/visual simulations, plan and elevation views (Geometric Approval Drawing), preliminary cost estimate, and preliminary design and construction schedule. Wood Rodgers will prepare a brief design report describing each design’s critical components and list the informational and/or decisions needed to advance each conceptual design; the necessary permits and respective timelines to obtain each permit; right-of-way and land acquisition needs and timelines; preliminary construction costs. The report will include reference to the Pioneer Bluff Conceptual Design.
Wood Rodgers will assist the City with a presentation of the conceptual design and report to the City’s Council to make long-term planning and budgeting decisions for this Project and future Riverwalk improvements.
Task 4.4 Assumptions:
1. Up to two (2) conceptual design alternatives will be prepared. 56 City of West Sacramento | South Riverwalk Extension Project (#23-008-RFP) Page | 10
2. Up to three (3) 3D graphical views/visual simulations will be prepared per alternative.
3. Plan and elevation views (Geometric Approval Drawing) will be shown on a single sheet strip map.
Task 4.4 Deliverables:
• Two (2) Geometric Approval Drawings, preliminary cost estimates, preliminary schedules (PDF Format) • Up to six (6) 3D graphical views/visual simulations
• One (1) Design Report (PDF Format)
Task 4.5 - Drainage Analysis and Report
Wood Rodgers will prepare a drainage report for the project that will document and confirm that the design of proposed drainage features are in conformance to the City’s drainage standards as outlined in Section 4 of the City’s Design Standards as well as to the standards outlined in the Caltrans Highway Design Manual (HDM). Existing XPSWMM modeling developed for the Riverfront Street Extension Project and/or the City of West Sacramento Storm Drainage Storm Water Master Plan will be utilized to the fullest extent possible. These model(s) will be updated as needed to reflect site drainage conditions after completion of the project. A draft will be submitted to the City and to Caltrans District 3 Hydraulics for the portion of trail within State right of way. Once comments are addressed, a final signed and stamped version of the drainage report will be submitted to the City and Caltrans District 3 Hydraulics.
Task 4.5 Assumptions:
1. Design of flow mitigation features (i.e. detention basins) will not be required.
2. Two (2) reviews of minor comments from Caltrans Hydraulics staff.
Task 4.5 Deliverables:
• Two (2) Draft Drainage Reports (PDF Format)
• One (1) Final Drainage Report (PDF Format)
Task 4.6 - Storm Water Data Report
Wood Rodgers will prepare a plans, specifications, and estimate level Short Form Storm Water Data Report (SWDR) for the project. The SWDR will be prepared to fulfill the requirements outlined in Caltrans’ Project Planning and Design Guide.
Task 4.6 Assumptions:
1. Less than 1 acre of impervious area will be created and treatment BMPs will not be required to meet Caltrans requirements.
2. Two reviews with minor comments from Caltrans Stormwater staff.
Task 4.6 Deliverables:
• Two (2) Draft SWDR (PDF Format)
• One (1) Final SWDR (PDF Format)
Task 4.7 - 75% Design and Plans, Specifications, and Estimate Wood Rodgers will prepare 75% design and plans for the 30% alternative selected by the City, incorporating any comments or design changes, and will prepare preliminary technical specifications. Quantities and cost estimate will 57 City of West Sacramento | South Riverwalk Extension Project (#23-008-RFP) Page | 11
be updated. All plans will be prepared in accordance with the City of West Sacramento Standards, Title 23 and Section 408 requirements. The deliverables may include, but are not limited to, the following:
• Workshop Exhibits
• General Sheets (e.g., General Notes, Regulatory Agency Notes, and Project Specific Notes, etc.) • Improvement Plans including Plan, Profile, Signing, Striping, and Typical Sections • Existing Utilities and Demolition Plans
• Grading Plans
• Proposed Utility Plans (e.g., water, storm drain, etc.) • Proposed Electrical and Communication (e.g., fiber optics) Plans • Proposed Lighting with Photometric Analysis and Safety Features • Irrigation and Landscape Plans
• Standard and Project Specific Details
Wood Rodgers will prepare a list of all anticipated specifications need for the project, including but not limited to, supplemental front-end specifications, special provisions, or other relevant specifications pending changes to the funding source or regulatory agency requirements. The Contract Documents will be prepared in accordance with the City of West Sacramento Standards and comply with Project affiliated land acquisition, right-of-way, and easement agreements terms and conditions.
Task 4.7 Assumptions:
1. The City will prepare front-end “boilerplate” specifications.
2. Cost estimate unit prices will be based on bid results provided by the City and/or Caltrans cost data.
3. All PS&E documents will be submitted electronically.
Task 4.7 Deliverables:
• One (1) 75% Plans, Draft Technical Specifications, Cost Estimate (PDF Format) • Workshop Exhibits [up to five (5)]
Task 4.8 - 100% Design and Plans, Specifications, and Estimate Wood Rodgers will incorporate any City comments on the 75% plans, technical specifications, and cost estimate. The 100% submittal will include complete draft plans, technical specifications, and a detailed engineer’s construction estimate.
Task 4.8 Deliverables:
• One (1) 100% Plans, Technical Specifications, Cost Estimate (PDF Format) Task 4.9 - Final Plans, Specifications, and Estimate
Wood Rodgers will revise the 100% PS&E based on City comments and will finalize the PS&E package for construction bidding. It is anticipated that there will not be another round of review or comments after this submittal. 58 City of West Sacramento | South Riverwalk Extension Project (#23-008-RFP) Page | 12
Task 4.9 Deliverables:
• One (1) Final Plan Set (PDF Format)
• One (1) Final Technical Specifications (Word and PDF Format) • One (1) Cost Estimate (Excel and PDF Format)
• Trail Cross Sections (PDF Format)
Task 5 - Geotechnical Analysis and Report
Wood Rodgers’ subconsultant Blackburn Consulting (Blackburn) will perform the following tasks to perform geotechnical analysis and prepare a geotechnical report.
Task 5.1 - Background Research
Blackburn will:
• Review preliminary project plans and discuss the project constraints, expectations and schedule with Wood Rodgers and the City of West Sacramento.
• Review Blackburn’s August 2018 Geotechnical Report for Riverfront Street Extension that includes subsurface exploration and laboratory test data for borings located near the proposed Universal Road trail connector alignment.
• Review readily available relevant geotechnical data for the existing levee. • Coordinate site access and mark hand auger boring locations for notification of Underground Service Alert (USA).
Task 5.1 Assumptions:
1. The City will assist in obtaining any right-of-entry agreements or permits necessary to access the site for USA and to complete our subsurface exploration.
2. Wood Rodgers will coordinate with private property owners to determine if any private utilities are known.
3. USACE will not require a Drilling Program Plan (DPP) based on our preliminary discussions with them regarding our proposed subsurface exploration program below.
Task 5.2 - Subsurface Exploration and Laboratory Testing Blackburn will rely on existing geotechnical information from the previous Geotechnical Repot for the Riverfront Street Extension project for geotechnical design of the Universal Road improvements.
For geotechnical design of the proposed trail improvements, Blackburn will use a hand auger to drill three borings to depths of 4-5 feet along the proposed trail alignment. At selected intervals, we will obtain relatively undisturbed soil samples using a hand-driven sampler. We will also obtain bulk soil samples from the auger cuttings. Blackburn will backfill the borings with soil cuttings and/or granular soil upon completion. Blackburn’s engineer or geologist will log the borings and deliver the samples to our laboratory for testing.
Blackburn will perform two R-value tests, one expansion index test and up to three moisture content/unit weight tests on samples retrieved from the borings.
59 City of West Sacramento | South Riverwalk Extension Project (#23-008-RFP) Page | 13
Task 5.3 - Draft and Final Geotechnical Report
Blackburn will perform engineering analysis as necessary and prepare a Draft and Final Geotechnical Report for the project containing:
• Project and site description.
• Subsurface soil and groundwater Conditions.
• Laboratory testing.
• Expansive soil considerations.
• Discussion of potential project impacts to the existing levee performance (if any). • Grading recommendations for site clearing and overexcavation (if necessary), subgrade preparation, fill quality and compaction and over-optimum soil moisture considerations/mitigation. • Hot Mix Asphalt (HMA) pavement design recommendations for the trail and connector roadway improvements for traffic indexes provided by others.
• Risk management and limitations.
• Vicinity map.
• Site plan.
• Appendices containing the boring logs and laboratory test data.
Task 5.3 Assumptions:
1. Scope of services does not include liquefaction or seismic lateral spreading evaluation, or slope stability/seepage evaluation for the existing levee (river bank). We can provide these services if requested for an additional scope/fee.
Task 5.3 Deliverables:
• One (1) Draft Geotechnical Report (PDF Format)
• One (1) Final Geotechnical Report (PDF Format)
Task 6 - Grant Support
Wood Rodgers will assist the City in identifying possible grant opportunities. This will involve preparing a list of possible federal grants that the City could consider pursuing. Wood Rodgers can assist the City in preparing grant applications as well for an additional scope/fee.
Task 6 Deliverables:
• Grant Opportunities Support
• Grant Application Support (if requested)
Task 7 - Bid and Award Support
Wood Rodgers will assist the City during the bidding and award of the Project. Wood Rodgers will attend the pre-bid meeting, if requested, and assist the City of West Sacramento in answering questions from Contractors during the bidding process as well as assisting the City with bid evaluation as required. Consult with and assist City engineering and construction management staff regarding Contractor proposals, construction issues, and plan revisions. 60 City of West Sacramento | South Riverwalk Extension Project (#23-008-RFP) Page | 14
Task 7 Assumptions:
1. Up to three (3) PS&E addenda during bidding with responses to Contractor questions in written format to the City’s Project Manager.
Task 7 Deliverables:
• Attend one (1) Bid Meeting
• Prepare up to three (3) Addenda
• One (1) Electronic CAD File Submittal (DWG Format)
Task 8 - Pioneer Bluff District Technical Memorandum
Wood Rodgers will prepare a brief technical memorandum specific to the future planning and development of the Pioneer Bluff District spanning between the South Riverwalk Extension Project and the McGowen Bridge/Locks. The technical memorandum will include, but is not limited to, discussion on:
• Summary of existing and new documentation and agreements obtained as part of the South Riverwalk Extension Project, and existing documentation and agreements that may benefit and/or advance further planning and development of the Pioneer Bluff District. • Identify all current stakeholders and landowners and summarize any existing documents and/or agreements that may exist.
• Provide a summary of any lessons learned from the South Riverwalk Extension Project that may benefit and/or assist the planning and development of the Pioneer Bluff District.
Task 8 Deliverables:
• One (1) Pioneer Bluff District Technical Memorandum
61 Wood Rodgers, Inc ATTACHMENT 1
15131 – Riverwalk Trail South Extension Project
Expires March 19, 2025
EXHIBIT B
Schedule of Performance
62 ID Task Name Duration Start Finish
1 Notice to Proceed 0 days Mon 7/17/23 Mon 7/17/23
2 Task 1 Project Management 438 days Mon 7/17/23 Wed 3/19/253 Kick‐Off Meeting 1 day Wed 7/19/23 Wed 7/19/234 Project Management 438 days Mon 7/17/23 Wed 3/19/255 Task 2 Land Acquisition and Right‐of‐Way Negotiations 220 days Thu 12/14/23 Wed 10/16/246 Task 2.1 ‐ Right‐of‐Way and Easement Appraisals 3 mons Thu 2/8/24 Wed 5/1/247 Task 2.2 ‐ Right‐of‐Way Negotiations and Acquisitions 6 mons Thu 5/2/24 Wed 10/16/248 Task 2.3 ‐ West Sacramento Area Flood Control Agency Coordination
6 mons Thu 12/14/23 Wed 5/29/24
9 Task 3 Environmental Studies and Documents 405 days Thu 7/20/23 Wed 2/5/25 10 Task 3.1 ‐ Biological Resources Report 3 mons Thu 7/20/23 Wed 10/11/2311 Task 3.2 ‐ Cultural Resources Report 3 mons Thu 7/20/23 Wed 10/11/2312 Task 3.3 ‐ CVFPB/USACE 408 Support 15 mons Thu 12/14/23 Wed 2/5/2513 Task 4 Design 180 days Thu 7/20/23 Wed 3/27/2414 Task 4.1 ‐ Topographic Survey 3 wks Thu 7/20/23 Wed 8/9/2315 Task 4.2 ‐ Prepare Base Map 1 wk Thu 8/10/23 Wed 8/16/2316 Task 4.3 ‐ Utility Coordination 170 days Thu 7/20/23 Wed 3/13/2417 "A" Letters 3 wks Thu 7/20/23 Wed 8/9/2318 "B" Letters 3 wks Thu 10/19/23 Wed 11/8/2319 "C" Letters 2 mons Thu 1/18/24 Wed 3/13/2420 Task 4.4 ‐ Prepare Plat and Legal Descriptions 3 wks Thu 1/18/24 Wed 2/7/2421 Task 4.5 ‐ 30% Design Concepts 45 days Thu 7/20/23 Wed 9/20/2322 Geotechnical Evaluation and Report 6 wks Thu 7/20/23 Wed 8/30/2323 Develop 30% Design Alternatives and Simulations 2 mons Thu 7/20/23 Wed 9/13/2324 Public Outreach 1 wk Thu 9/14/23 Wed 9/20/2325 Task 4.6 ‐ 30% Design Report 20 days Thu 9/21/23 Wed 10/18/2326 Prepare Design Report 2 wks Thu 9/21/23 Wed 10/4/2327 Alternative Selection 2 wks Thu 10/5/23 Wed 10/18/2328 Task 4.7 ‐ Prepare 75% Plans 65 days Thu 10/19/23 Wed 1/17/2429 75% Design and Plans 2 mons Thu 10/19/23 Wed 12/13/2330 City Reivew 3 wks Thu 12/28/23 Wed 1/17/2431 Task 4.8 ‐ Prepare 100% Plans 50 days Thu 1/18/24 Wed 3/27/2432 Addresss 75% Comments and Prepare 100% Plans 1 mon Thu 1/18/24 Wed 2/14/2433 City Review 3 wks Thu 2/22/24 Wed 3/13/2434 Address 100% Comments and Prepare Final Plans 2 wks Thu 3/14/24 Wed 3/27/2435 Task 5 Technical Specifications and Cost Estimate 50 days Thu 12/14/23 Wed 2/21/2436 Task 5.1 ‐ 75% Technical Specifications and Cost Estimate 2 wks Thu 12/14/23 Wed 12/27/2337 Task 5.2 ‐ 100% Technical Specifications and Cost Estimate 1 wk Thu 2/15/24 Wed 2/21/2438 Task 6 Bidding and Award Support 6 wks Thu 2/6/25 Wed 3/19/2539 Task 7 Pioneer Bluff District Technical Memo 4 wks Thu 2/22/24 Wed 3/20/24 7/17
438 days
220 days
405 days
180 days
170 days
45 days
20 days
65 days
50 days
50 days
Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr Qtr 3, 2023 Qtr 4, 2023 Qtr 1, 2024 Qtr 2, 2024 Qtr 3, 2024 Qtr 4, 2024 Qtr 1, 2025 Qtr 2, 2025
CITY OF WEST SACRAMENTO
SOUTH RIVERWALK EXTENSION PROJECT
23‐008‐RFP
PRELIMINARY PROJECT SCHEDULE
63 Wood Rodgers, Inc ATTACHMENT 1
15131 – Riverwalk Trail South Extension Project
Expires March 19, 2025
EXHIBIT C
Schedule of Fees
64 Staffing Worksheet
COMPANY: Wood Rodgers, Inc. DATE: 7/21/23PROJECT: City of West Sacramento - South Riverwalk Extension Project (23-008-RFP) Principal
Engineer II
Principal
Engineer I
Senior
Engineer II
Senior
Engineer I
Project
Engineer II
Project
Engineer I Engineer II Engineer I Assistant Engineer Designer Senior CAD Tech II Principal Landscape Architect I Senior Landscape Architect I Project Landscape Architect I Project Planner I Principal Surveyor I Project Surveyor II Project Surveyor I Surveyor II Surveyor I 2 Person Survey Crew 3 Person Survey Crew Project Coordinator Billing Rate: $ 265.00$ 300.00 240.00$ 230.00$ 215.00$ 205.00$ 195.00$ 180.00$ 150.00$ 95.00$ 180.00$ $ 265.00 $ 230.00 $ 205.00 $ 205.00 265.00$ 215.00$ 205.00$ 195.00$ 180.00$ 340.00$ 435.00$ $ 155.00 T&M T&M T&M T&M 30 36 60 12 32 0 0 0 0 0 0 36 12 8 0 0 0 0 0 0 0 0 12 238 $0 $0 $0 $0 $ 58,380.0016 10 8 12 46 $ 11,230.00 2 28 12 $ 3,050.00
10 20 40 8 12 4 8 102 $ 25,480.00
2 4 4 432 24 8 78 $ 18,620.00
0 0 12 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12 $0 $40,000 $0 $0 $ 42,880.00 8 8 $20,000 $ 21,920.00
4 4 $20,000 $ 20,960.00
8 64 80 35 56 16 32 0 0 0 0 0 0 0 110 0 0 0 0 0 0 0 0 401 $8,730 $0 $23,500 $0 $ 122,950.00 52 60 67 $ 13,880.00
22 8 12 $23,500 $ 26,030.00
Task 3.3 - Phase 1 Environmental Site Assessment 2 2 4 $8,730 $ 9,600.00 4 32 24 18 12 8 8 40 146 $ 33,560.00
428 168 8 8 8 80 $ 19,220.00
440 32 16 92 $ 20,660.00
0 0 102 18 56 32 248 368 146 72 68 14 50 164 16 20 30 10 34 18 8 16 0 1490 $0 $0 $0 $24,000 $ 312,260.00 4 410 8 4 10 10 14 18 8 16 106 $ 26,320.00
22 16 20 20 60 $ 13,350.00
42 4 8 16 8 42 $ 7,850.00
28 8 66 104 40 24 16 4 18 86 394 $12,000 $ 86,020.00
10 12 36 20 78 $ 15,380.00
Task 4.6 - Storm Water Data Report 4 8 12 18 24 66 $ 13,210.00 30 16 8 60 120 70 28 32 6 18 42 4 434 $12,000 $ 91,660.00 20 8 6 32 52 20 12 12 2 10 32 4 210 $ 39,860.00
Task 4.9 - Final PS&E 10 4 2 18 32 8 8 8 2 4 4 100 $ 18,610.00 0 0 12 0 8 0 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 24 $20,153 $0 $0 $0 $ 25,533.00 884 20 $3,900 $ 8,320.00
0 $4,585 $ 4,585.00
Task 5.3 - Draft and Final Geotechnical Report 4 4 $11,668 $ 12,628.00 0 8 8 0 0 0 8 000 0 0 0 0 0 0 0 0 0 0 00 0 24 $0 $0 $0 $0 5 $ ,600.00 88 8 24 $ 5,600.00
0 0 8 0 4 8 16 16 0 0 0 0 0 4 0 0 0 0 0 0 0 0 0 56 $0 $0 $0 $0 $ 11,240.00 84 8 16 16 4 56 $ 11,240.00
0 12 4 0 4 0 24 16 0 0 0 4 0 4 0 0 0 0 0 0 0 0 0 68 $0 $0 $0 $0 $ 14,440.00 12 4 4 24 16 4 4 68 $ 14,440.00
TOTAL HOURS 38 120 286 65 160 56 332 400 146 72 68 54 62 180 126 20 30 10 34 18 8 16 12 2313 TOTAL LABOR FEE $11,400 $31,800 $68,640 $14,950 $34,400 $11,480 $64,740 $72,000 $21,900 $6,840 $12,240.00 $14,310.00 $14,260.00 $36,900.00 $25,830.00 $5,300.00 $6,450.00 $2,050.00 $6,630.00 $3,240.00 $2,720.00 $6,960.00 $1,860.00 $28,883.00 $40,000.00 $23,500.00 $24,000.00 $593,283.00 AMOUNT
$ 4,000.00$ 10,000.00$ 10,000.00
$ 24,000.00
PROJECT TOTAL COST (LABOR + ODC) $617,283.00
TOTAL ODC EXPENSE
OTHER DIRECT COSTS (ODC)
Title ReportsPothollingEvent Hosting Costs
TASK 6 - GRANT SUPPORT
Task 6 - Grant Support
SUBCONSULTANTS
Blackburn
Consulting
Monument
ROW
ECORP
Consulting,
Inc.
KMP
Strategies,
LLC
Task 5.1 - Background ResearchTask 4.5 - Conceptual 30% Design and Report
TOTAL TASK
HOURS
TASK 5 - GEOTECHNICAL ANALYSIS AND REPORTTASK 3 - ENVIRONMENTAL DOCUMENTATION AND PERMITTING Task 3.1 - Biological Resources ReportTask 4.2 - Prepare Plat and Legal DescriptionsTask 2.1 - Right-of-Way and Easement AppraisalsTask 1.2 - Project ScheduleTask 1.4 - Quality Control TASK 2 - LAND ACQUISITION AND RIGHT-OF-WAY NEGOTIATIONS Task 3.2 - Cultural Resources ReportTask 3.4 - CVFPB / USACE 408 Support and PermitsTask 2.2 - Right-of-Way Negotiations and AcquisitionsTask 3.5 - West Sacramento Area Flood Control Agency CoordinationTask 3.6 - Caltrans Coordination and Permit
TOTAL TASK FEE
AMOUNT
TASK 1 - PROJECT MANAGEMENT
Task 1.1 - Project AdministrationTask 1.3 - Coordination Meetings
DESCRIPTION
Personnel:
Wood Rodgers, Inc.
TASK 8 - PIONEER BLUFF DISTRICT TECHNICAL MEMO
Task 7 - Pioneer Bluff District Technical Memo
TASK 7 - BID AND AWARD SUPPORT
Task 6 - Bid and Award SupportTask 5.2 - Subsurface Exploration and Laboratory Testing TASK 4 - DESIGN
Task 4.1 - Topographic SurveyingTask 4.8 - 100% Design and PS&ETask 4.5 - Drainage Analysis and ReportTask 4.7 - 75% Design and PS&ETask 4.3 - Utility Coordination 1 65
Wood Rodgers, Inc ATTACHMENT 1
15131 – Riverwalk Trail South Extension Project
Expires March 19, 2025
EXHIBIT D
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:
Matthew Salveson, Principal
66 Wood Rodgers, Inc ATTACHMENT 1
15131 – Riverwalk Trail South Extension Project
Expires March 19, 2025
EXHIBIT E
LABOR COMPLIANCE
1. PREVAILING WAGE
A. The Work contemplated herein constitutes a public work within the meaning of Labor Code sections 1720 and 1771. It shall be mandatory upon the Consultant and upon any Subcontractor, to pay not less than the said specified prevailing rates of wages to all workers employed by them under the Contract in accordance with Labor Code section 1774. The Director of the Department of Industrial Relations ("DIR") of the State of California has determined the general prevailing rate of wages of per diem wages in the locality in which the work is to be performed for each craft or type of worker needed to execute the Contract. The Consultant acknowledges that it has examined the prevailing rate of per diem wages as established by the DIR. Copies of the current schedules for prevailing wages are on file at City Hall, and the contents of those schedules are incorporated herein as if set forth in full. The Consultant shall post a copy of the applicable prevailing wage determinations at each job site, along with any other work place posters required by law.
B. The City will not recognize any claims for additional compensation because of the payment of prevailing wages. The possibility of wage increases is one of the elements to be considered by the Consultant in determining its proposal, and will not under any circumstances be considered as the basis of a claim against the City.
C. By executing this Contract Consultant warrants that it has registered with the Department of Industrial Relations in accordance with Labor Code section 1725.5.
2. PREVAILING WAGE RECORDS
A. The Consultant and each subcontractor shall keep an accurate payroll record which shows the name, address, social security number, correct work classification (in accordance with the wage decision), both straight and overtime worked each day and week, and hourly rate of pay, gross wages earned, deductions made and net wages paid to each journeyman, apprentice, worker or other employee paid by the Consultant /subcontractor in connection with the Work. These payroll records shall be certified and shall be made available at Consultant's principal office. These records shall be maintained during the course of the Work. The Consultant and all subcontractors shall make the certified payroll records available for inspection by City representatives upon request and shall permit such representatives to interview employees during the work hours on the job site.
B. The City shall notify the Consultant in writing of any discrepancies or violations that are discovered during such inspections. Written notification pursuant to this Section shall include the actions that will be necessary to resolve the discrepancies and/or violations. The Consultant shall be held entirely responsible for the prompt resolution of all non-compliances with the prevailing wage laws, including those pertaining to all subcontractors and any lower-tier subcontractors. The Consultant shall forfeit as penalty to the City the amount specified by law for each calendar day or portion thereof for each worker (whether employed by the Consultant or any subcontractor) paid less than the stipulated prevailing rates for any work done under the Contract in violation of the provisions of the Labor Code and in particular, Section 1775.
C. To the extent applicable, Consultant and subcontractors shall maintain and furnish to the Department of Industrial Relations ("DIR"), a certified copy of each weekly payroll (but no less often than monthly), with a statement of compliance signed under penalty of perjury. Such certified payroll reports shall be transmitted electronically to the DIR.
67 Wood Rodgers, Inc ATTACHMENT 1
15131 – Riverwalk Trail South Extension Project
Expires March 19, 2025
D. The City will not recognize any claims for additional compensation because of the payment of the prevailing wages. The possibility of wage increases is one of the elements to be considered by the Consultant in entering into the Contract, and will not under any circumstances, other than delays caused by the City, or the City’s agents, be considered as the basis of a claim against the City.
3. 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.”
4 Eight-Hour Day Limitation
(a) In accordance with the provisions of the Labor Code, and in particular, Sections 1810 to 1815 thereof, inclusive, incorporated herein by reference, eight hours labor shall constitute a day's work, and no worker in the employ of Consultant, or any Subcontractor, doing or contracting to do any part of the work contemplated by the Contract, shall be required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of those provisions; provided that subject to Labor Code Section 1815, a worker may perform work in excess of either eight (8) hours per day or forty (40) hours during any one week upon compensation for all hours worked in excess of eight (8) hours per day or forty (40) hours during any one week at not less than one and one-half times the basic rate of pay. (b) The Consultant and each Subcontractor shall also keep an accurate record showing the names and actual hours worked of all workers employed by them in connection with the Contract. This record shall be open at all reasonable hours to the inspection of the City. It is hereby further agreed that, except as provided in (a) above, the Consultant shall forfeit as a penalty to the City the sum of twenty-five dollars ($25) for each worker employed in the performance of the Contract by the Consultant or by any of its Subcontractors for each calendar day during which such worker is required or permitted to labor more than eight (8) hours in and one calendar day and forty (40) hours in any one calendar week in violation of Sections 1810 through 1815.
5. Compliance with State Requirements for Employment of Apprentices (a) The Consultant's attention is directed to Section 1777.5 of the Labor Code. Provisions of said Section pertaining to employment of registered apprentices are hereby incorporated by reference into this Contract. As applicable, the Consultant or any Subcontractor employed by the Consultant in the performance of this Contract shall take such actions as necessary to comply with the provisions of Section 1777.5. 68 PIONEER MEMORIAL BRIDGE
INTERSTATE 80 SOUTH RIVER ROAD
RIVERFRONT STREET
MILL STREET CENTRAL STREET STREET 15TH
N Sacramento River Sacramento River THE RIVERFRONT PARKING LOT AREA (NOT IN CONTRACT) BRIDGE DISTRICT UNIVERSAL ROAD THE RIVERFRONT PARKING LOT AREA (NOT IN CONTRACT) f:\cd engineering & inspections\cip\15131 river walk south extension\phasing_exhibit.dwg 5/1/2023 1:27 PM Ramirez, Manuel HORIZ: VERT: OF DWG. NO. NO. REVISION BY DATE DRAWN: CHECKED: DESIGNED: RECORD DRAWING DATE: SCALE PROJECT NO. CAD FILE: DATE: CAPITAL PROJECTS DEPARTMENT 1110 WEST CAPITOL AVENUE WEST SACRAMENTO, CA 95691 A. WALLACE M. RAMIREZ T. DUGAN 1"=60' N/A15131 phasing_exhibit.dwg 1 SOUTH RIVERWALK 1 EXTENSION PROJECT FRONT STREET RIVERWALK (COMPLETED) BRIDGE DISTRICT BUILDING OFFSET LINE PIONEER BLUFF DISTRICT BRIDGE DISTRICT SOUTH RIVERWALK (SOUTHERN LIMITS) BRIDGE DISTRICT SOUTH RIVERWALK (NOTHERN LIMITS) ATTACHMENT 3
69 CITY COUNCIL AGENDA REPORT
MEETING DATE: August 16, 2023 ITEM # 3
SUBJECT:
CONSIDERATION OF AMENDMENT NO. 1 TO THE CONTRACT FOR SERVICES WITH HITOUCH BUSINESS SERVICES; AMENDMENT NO. 2 TO THE CONTRACT FOR SERVICES WITH HAMMEL, GREEN & ABRAHAMSON (HGA); AND AMENDMENT NO. 1 TO THE CONSTRUCTION CONTRACT WITH JPB DESIGNS, INC. FOR THE CITY HALL ANNEX PROJECT (CIP 54019)
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Christopher Dority, Project Manager I
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 for the approval of Amendment No. 1 to the Contract for Services with HiTouch Business Services, Amendment No. 2 to the Contract for Services with HGA, and Amendment No.1 to the Construction Contract with JPB Designs, Inc. for the City Hall Annex Project (CIP 54019).
RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Approve Amendment No. 1 to the Contract for Services with HiTouch Business Services for the amount of $14,904.82 for the West Gateway Place Contract (CIP 54019) and; 2) Approve Amendment No. 2 to the Contract for Services with HGA for the amount of $44,720 for the 820 Delta Lane Tenant Improvement Contract (CIP 54019) and; 3) Approve Amendment No. 1 to the Construction Contract with JPB Designs, Inc. for the amount of $46,788.02 for the West Gateway Place Contract (CIP 54019) and; 4) Delegate authority to the City Manager, or his designee, to execute Amendment No. 1 to the Contract for Services with HiTouch Business Services for the West Gateway Place Contract (CIP 54019) and; 5) Delegate authority to the City Manager, or his designee, to execute Amendment No. 2 to the Contract for Services with HGA for the 820 Delta Lane Tenant Improvement Contract (CIP 54019) and; 6) Delegate authority to the City Manager, or his designee, to execute Amendment No. 1 to the Construction Contract with JPB Designs, Inc. for the West Gateway Place Contract (CIP 54019) and execute any amendments or change orders up to an additional 15% ($7,018.20).
BACKGROUND
The City Hall construction was originally planned in two phases, with the second phase expansion located to the east of the existing facility and timed according to capacity needs as the City grew. Since then, the City has pursued the option of creating more office space as an interim phase prior to the City Hall Second Phase build.
The City developed a transaction with Los Rios Community College District (Los Rios) to use one floor of the College facility when it was being planned. However, it was determined not to move forward with the Los Rios transaction at the time. Due to staff reductions during the recession, the existing facility was adequate to house City programs. Following the COVID pandemic, it became apparent that the City Hall had reached its capacity and staff began searching for options to create office space that was economically feasible and could be accomplished within the next two years. Staff began evaluating the City’s Option to lease the retail space at the West Gateway housing development, given its proximity to City Hall, as an option to house City employees.
On September 2017, the City had entered into an Option to Lease Agreement (Option) with Delta Lane Housing Partners, LP. (Delta Lane Housing) in connection with the construction of West Gateway Place, a mixed-use 77- unit affordable multifamily rental project with 4,294 square feet of ground floor retail space. West Gateway Place fulfilled a portion of the City’s affordable housing obligations under the $23 million Proposition 1C grant from the State of California for the Bridge District Infrastructure project.
The Option allows the City to lease all or a portion of any vacant retail space if it is not occupied for more than one hundred eighty (180) days. All 4,294 square feet of retail space has been vacant since the completion of the project in 2017. The City has exercised its option term and is now able to lease the retail space for up to 20 years in five-year lease terms. Additionally, the City’s monthly rent for the lease is one dollar ($1), plus its share of common area maintenance charges. The City will also be responsible for any development fees or impact fees associated with construction of the retail space improvements.
The West Gateway Place retail space was not improved, and the City needed to build it out completely, 70 City Hall Annex Project (CIP 54019)
August 16, 2023
including underfloor plumbing and the interior concrete slab. The proposed improvements also included office space and an 842 sq. ft. multi-use space that could be utilized as an innovation center and additional conference room for internal and public meetings.
On October 4, 2019, a Request for Proposals (RFP) was advertised by the City for design firms to provide a set of designs for the project. Proposals were due November 1, 2019. Three firms submitted proposals and Hammel, Green and Abrahamson, Inc. (HGA) was the highest ranked firm based on the specified criteria. The proposals were evaluated and ranked by staff from the City Manager’s Office, Economic Development and Capital Projects and Transportation departments. Staff recommended awarding the Contract for Professional Services to HGA, and on December 19, 2019, City Council approved the contract and the requested funding appropriation of $100,000. Following the completion of the design/project plans and specifications, staff advertised for the construction project.
On May 19, 2019 a Construction contract between the City of West Sacramento (“City) and JPB Designs (“Contractor”) with a 15% contingency was executed. Shortly after executed contract the project was kicked off and construction started.
On August 9, 2022 and services contract between the City of West Sacramento (“City”) and HiTouch Services (“Consultant”) was executed for the design and installation of the new cubicles and office furniture for the new work stations at the City hall Annex.
ANALYSIS
During the construction of this project, scope was added to improve the effectiveness of this areas. The new scope included a new “store front” at the reception area to separate it from the innovation rooms, application of opaque 3m film to new store front and office windows to improve privacy, and the acquisition of additional furniture to improve the effectiveness of the work areas. Due to these changes, additional design work was added to the HGA scope and the duration of the project was extended. Also, the project duration was extended past the original estimate which incurred additional compensation for construction support.
During the course of the project there was additional scope added by City staff to improve the quality and usefulness of the area. This included, but was not limited to, a new store front at reception area, additional doors added at hallway entrance for added security, additional card readers at added entry doors. Also, during the initial conception and design of the project the IT requirements were not addressed. The City’s IT Department was contacted, and requirements were discussed. After getting clear direction of the IT requirements, the scope of work was added to JPB’s scope and was installed.
HiTouch completed the install of all cubicles, workstations, and office furniture and shortly after Economic Development and Housing (EDH) was cleared to begin the transition into the space. During and after the transition EDH and City staff identified changes to workstations and usable areas that would increase the efficiently and usability of the area. This included changing meeting room areas into offices, additional storage, and additional office furniture.
Environmental Considerations
Not applicable.
Commission Recommendation
Not applicable.
Strategic Plan Integration
Not applicable.
Alternatives
The Council’s primary alternatives are summarized below:
1) Approve the recommended actions as described above in this report. 2) Reject the recommended actions or direct staff to alter the project. 3) Not approve the recommended action or delete the project.
Alternative 1 is the staff’s recommended action as this will assist with the completion of the City Hall Annex Project.
Coordination and Review
This report was prepared by the Capital Projects Department in coordination with and review by the Finance Department. 71
City Hall Annex Project (CIP 54019)
August 16, 2023
Budget/Cost Impact
The City Hall Annex Project is included in the City’s current Capital Improvement Program (CIP) as CIP project 54019. Adequate funding currently exists within the project budget for the recommended actions and no additional funds are required and being requested at this time.
ATTACHMENTS
1) Amendment No. 1 to the Contract for Services with HiTouch Services 2) Amendment No. 2 to the Contract for Services with HGA 3) Amendment No. 1 to the Construction Contract with JPB Designs 72 HiTouch Services
CPC22-199 West Gateway Place TI Improvements
AMENDMENT NO. 1
to the
PARTICIPATION AGREEMENT
between the
CITY OF WEST SACRAMENTO
And
HiTouch Business Services, LLC
Dated August 09,2022
This Amendment No. 1 to the Participation Agreement between the City of West Sacramento (“City”) and HiTouch Business Services (“Vendor”) August 09, 2022 is made and entered into this 19th day of July 2023. Except as expressly amended herein, the August 09, 2022 Contract is in full force and effect.
RECITALS
WHEREAS, the City executed a participation agreement with HiTouch Services for the West Gateway Place City Hall Annex project; and
WHEREAS, staff identified additional materials and installation needed to complete the project; and
WHEREAS, Change order 1 in the amount of $8,958.98 was processed using Council approved contingency; and
WHEREAS, additional materials and installation are needed to complete the project; and WHEREAS, The City and the Contractor desire to amend said contract.
NOW, THEREFORE, IT IS MUTUALLY AGREED by parties hereto to amend said agreement as follows:
I. SCOPE OF WORK:
The scope of work as set forth in the Participation Agreement dated August 09, 2022 shall be revised to include Change Order 2 and Change Order 3 as outlined in Exhibit A.
II. COMPENSATION:
The compensation as set forth in the initial participation agreement dated August 09, 2022, shall be increased by $14,904.82.
III. TERM
The term of the contract shall be extended and shall terminate on December 31, 2023.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as the date herein set forth.
CITY OF WEST SACRAMENTO
By:
Aaron Laurel, City Manager
HiTouch Services
73 HiTouch Services
CPC22-199 West Gateway Place TI Improvements
By:
APPROVED AS TO FORM
By:
Jeffrey Mitchell, City Attorney
ATTEST:
By: ________________________________________________________ Jennifer Cusmir, City Clerk
74 693732 HT Page 1 of 2
Printed on 04/07/2023
HTBSCredit
PO BOX 930257
ATLANTA, GA 31193-0257
Tiffany Wilkinson
City Of West Sacramento
1110 W Capitol Ave
West Sacramento, CA 95691
Credit Account #
693732
HiTouch Business Services Account #
27086494ATL
Invoice #
206238675-0-3
Purchase Details
Invoice Date 03/20/2023
Reference CHRIS DORITY
Type Sale
Authorization # 597583187
Terms Standard
Due Date 05/08/2023
Amount Due $7,851.20
Purchase Location
Name HiTouch Business Services
Address 500 Staples Dr
Framingham, MA 01702
Phone (866) 448-6824
Ship To
ID WEST SACRAMENTO
Name CITY OF WEST SACRAMENTO
Address 820 DELTA LN
WEST SACRAMENTO, CA 95691
SKU Description $/Unit Units Total
421102 Motivate NestStack Chair-Flex $389.50 2.00 $779.00 421102 Brigade 800 Series Lateral Fil $988.50 1.00 $988.50 421102 Brigade Bookcase 3-Shelf 12-58 $210.00 1.00 $210.00 421102 10500 Series StrgFile Cab 18"W $998.50 1.00 $998.50 421102 10500 Series72Wx14-58Dx37-18H $979.50 1.00 $979.50 421102 10500 Series Bridge 42W x 24D $207.00 1.00 $207.00 Pay Online at https://www.hitouchbusinessservices.com
For questions, or to report an unauthorized use claim, contact HTBSCredit at (888) 431-2088 or [email protected].
For online or phone payments, your account will be credited as of the business day we receive it, as long as it is made by 5 PM ET. Mail payments will be credited the same business day, as long as it is received by 3 PM ET at the correct address, noted below, with remit coupon. Payments received by us at any other location or in any other form may not be credited as of the day we receive them. Allow at least 7 business days for mail delivery.
City Of West Sacramento
1110 W Capitol Ave
West Sacramento, CA 95691
Please indicate address changes below:
Credit Account # 693732
Invoice # 206238675-0-3
Authorization # 597583187
Due Date 05/08/2023
Amount Due $7,851.20
Amount Enclosed:
HTBSCredit
PO BOX 930257
ATLANTA, GA 31193-0257
059758318700000000000067371200000000000006879134000078512010 75 693732 HT Page 2 of 2
Credit Account #: 693732
HiTouch Business Services Account #
27086494ATL
Invoice #: 206238675-0-3
Printed on 04/07/2023
SKU Description $/Unit Units Total
421102 10500 Series 72Wx36Dx29-12H Sg $803.50 1.00 $803.50 421102 10500 Series 72Wx24Dx29-12H Si $714.50 1.00 $714.50 421102 Tasklight 60W $166.50 1.00 $166.50
421091 ENHANCED FURNITURE SERVICES $1,521.82 1.00 $1,521.82 Sub Total: $7,368.82
Sales Tax: $482.38
Invoice Total: $7,851.20
Pay Online at https://www.hitouchbusinessservices.com
For questions, or to report an unauthorized use claim, contact HTBSCredit at (888) 431-2088 or [email protected]. 76 City of West Sacramento CA Anex
Christopher Dority
City of West Sacramento
1110 West Capitol Avenue, 2nd Floor
West Sacramento CA 95691
Christopher Dority
City of West Sacramento
1110 West Capitol Avenue, 2nd Floor
West Sacramento CA 95691
Halenda Crocker
CA
559.696.9092
[email protected]
SOLD TO: SHIP TO:
QUOTATION
Phone: Quote #:
Project:
8/7/2023 Christopher Dority Halenda Crocker
Qty Part Number Part Description Sell $ Ext Sell $
BI / QUOTE # DATE CUSTOMER PO NO CUSTOMER NO SALESPERSON Line #
Hallway Printer Cabinet
HON HTLCRED42S Preside 20x42 36H Hospitality Credenza w/Shelf Hallway Printer Cabinet
2 $1,303.50 $2,607.00
Tag For:
1 $(L1STD) Gr L1 Standard Laminates Laminate Top Selection .PINC Pinnacle Select Grade 1 Laminate Finish
.PINC Pinnacle Select Edge Color
$(L1STD) Gr L1 Standard Laminates Laminate Chassis Selection .PINC Pinnacle Select Grade 1 Laminate Finish
.J Loop Satin Nickel Select Pull
.N No Cutout Back Cutout Selection
$(L1STD) Gr L1 Standard Laminates Laminate Shelf Selection .PINC Pinnacle Select Grade 1 Laminate Finish
Tag Subtotal : $2,607.00
Office 106 Add
HON H105680 10500 Series Return Shell 29-1/2H x 36W x 24D Office 106 Add
1 $304.50 $304.50
Tag For:
2 $(L1STD) Grd L1 Standard Laminates Select Top Laminate Color .PINC Pinnacle Select Top Laminate Color
PINC Pinnacle Select Chassis Laminate Color
Tag Subtotal : $304.50
Reception Desk
3 1 HON H105380 10500 Series Wall Mounted Storage Cab 30"W x 14-5/8"D $431.00 $431.00 Halenda Crocker Page 1 of 3
C:\Users\zheqi001\OneDrive - Corporate\PROJECTS\C City of West Sacramento\2023-08-01 000000 West Sacramento Anex Add\zips\2023-08-04 West Sacramento Anex 316784 SPEC.sp4 8/7/2023 1:55:15PM Prepared By:
77 8/7/2023 Christopher Dority Halenda Crocker
Qty Part Number Part Description Sell $ Ext Sell $
BI / QUOTE # DATE CUSTOMER PO NO CUSTOMER NO SALESPERSON Line #
Tag For: Reception Desk
$(L1STD) Grd L1 Standard Laminates Select Top Laminate Color .LOFT Loft Select Top Laminate Color
LOFT Loft Select Chassis Laminate Color
HON H105383 10500 SeriesWall Mounted Storage Cab 48"W x 14-5/8"D Reception Desk
1 $542.00 $542.00
Tag For:
4 $(L1STD) Grd L1 Standard Laminates Select Top Laminate Color .LOFT Loft Select Top Laminate Color
LOFT Loft Select Chassis Laminate Color
HON HLINEARC2 Field Install Dwr/Dr Kit-Linear Mat Chrome 2pack Reception Desk
1 $39.50 $39.50
Tag For:
5 HON HLINEARC3 Field Install Dwr/Dr Kit-Linear Mat Chrome 3pack Reception Desk
1 $44.00 $44.00
Tag For:
6 HON HLED17AUO 17"LED Lt w/8"JmprCordDaisyChain(FOLLOWR) Reception Desk
1 $242.00 $242.00
Tag For:
7 HON HLED31A 31" LED Light W/PwrSupplyForDaisyChain(STARTER) Reception Desk
1 $396.50 $396.50
Tag For:
8 HON HLSL2060LL2 Low credenza (LH drws): 20x60x21.5
Reception Desk
1 $855.50 $855.50
Tag For:
9 $(L1STD) Grd L1 Standard Laminates Select Chassis Laminate Finish .LOFT Loft Select Grade 1 Laminate Finish
$(L2STD) Grd L2 Standard Laminates Select Drwr Front Lam Finish .LNR1 Natural Recon Select Grade 2 Laminate Finish
Halenda Crocker Page 2 of 3
C:\Users\zheqi001\OneDrive - Corporate\PROJECTS\C City of West Sacramento\2023-08-01 000000 West Sacramento Anex Add\zips\2023-08-04 West Sacramento Anex 316784 SPEC.sp4 8/7/2023 1:55:16PM Prepared By:
78 8/7/2023 Christopher Dority Halenda Crocker
Qty Part Number Part Description Sell $ Ext Sell $
BI / QUOTE # DATE CUSTOMER PO NO CUSTOMER NO SALESPERSON Line #
.PR6 Silver Select Pull Color
Tag Subtotal : $2,550.50
Wall Shelf-Printing Area
HON H105360 30Wx9-7/8Dx4-3/4H Wall Mount Open Shelf
Wall Shelf-Printing Area
1 $149.50 $149.50
Tag For:
10 $(L1STD) Grd L1 Standard Laminates Select Laminate
.PINC Pinnacle Select Grade 1 Laminate Finish
Tag Subtotal : $149.50
x Labor
Labor cost for delivery and install
x Labor
1 $978.87 $978.87
Tag For:
11 Tag Subtotal : $978.87
x Tax
Estimate Tax based on CA Tax rate (based on 8.25%)
x Tax
1 $462.95 $462.95
Tag For:
12 Tag Subtotal : $462.95
Grand Total Sell : $7,053.32
Return Policy: Furniture is sourced specifically for the customer and is non-returnable. Damaged or Defective items will be repaired or replaced in keeping with the manufacturer warranties in place at time of order.
Applicable Sales Tax will be added at time of invoicing. ------------------------------------------------------ Additional Instructions ------------------------------------------------------- ------------------------------------------------------- Special Instructions --------------------------------------------------------- Grand Total Sell : $7,053.32
Halenda Crocker Page 3 of 3
C:\Users\zheqi001\OneDrive - Corporate\PROJECTS\C City of West Sacramento\2023-08-01 000000 West Sacramento Anex Add\zips\2023-08-04 West Sacramento Anex 316784 SPEC.sp4 8/7/2023 1:55:16PM Prepared By:
79 Attachment #2
Hammel, Green & Abrahamson, Inc.
PW20-065 820 Delta Lane Tenant Improvement Project
AMENDMENT NO. 2
to the
CONTRACT FOR SERVICES
between the
CITY OF WEST SACRAMENTO
And
Hammel, Green & Abrahamson
Dated December 11, 2019
This Amendment No. 2 to the Contract for Services between the City of West Sacramento (City) and Hammel, Green & Abrahamson (Consultant) dated December 11, 2019, for the 820 Delta Lane Tenant Improvement Project, is made and entered into this 16th day of August 2023.
Except as expressly amended herein, on December 11, 2019, Contract for Services is in full force and effect.
RECITALS
WHEREAS, the City and Consultant executed a Contract for Services dated December 11, 2019, for Consultant to provide Architect/Designer Services for the City of West Sacramento Tenant Improvement Project for 820 Delta Lane; and
WHEREAS, additional modifications not included in the initial estimates were needed to close out the project; and
WHEREAS, the City and Consultant desire to amend said contract to incorporate these changes.
NOW, THEREFORE, IT IS MUTUALLY AGREED by parties hereto to amend said agreement as follows:
I. SCOPE OF WORK:
The scope of work as set forth in the Service Contract dated December 11,2019, shall be revised to include the additional tasks identified in Exhibit A.
II. COMPENSATION:
The compensation as set forth in the Service Contract dated December 11,2019, shall be increased by $44,720 to include the additional scope and tasks as outlined in Exhibit A.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as the date herein set forth.
CITY OF WEST SACRAMENTO
By:
Aaron Laurel, City Manager
Hammel, Green & Abrahamson
By:
Tiffany Coyne, Project Manager
80 Attachment #2
Hammel, Green & Abrahamson, Inc.
PW20-065 820 Delta Lane Tenant Improvement Project
APPROVED AS TO FORM
By:
Jeffrey Mitchell, City Attorney
ATTEST:
By: ________________________________________________________ Jennifer Cusmir, City Clerk
81 Amendment No. 2 A HGA Commission Number 4585-001-00
In accordance with the PRIME AGREEMENT dated: December 11, 2019 BETWEEN: CITY OF WEST SACRAMENTO (CITY)
(OWNER)
1110 West Capitol Avenue
West Sacramento, California 95691
and: HAMMEL, GREEN AND ABRAHAMSON, INC.
(ARCHITECT)
1200 R Street, Suite 100
Sacramento, California 95811
for the Project: CITY OF WEST SACRAMENTO TENANT
IMPROVEMENT PROJECT AT 820 Delta Lane, West
Sacramento, CA 95691
[ X ] authorization is given [ X ] to proceed with AdditionalServices [ ] to proceed with revised scope of Basic Services
[ ] to incur ReimbursableExpenses
This additional service includes the following:
1. Increased schedule to the Construction Administration Phase (REVISED 2/10/2023) A. Under item 6.g Construction Administration Phase of the Prime Agreement, it states that the phase was planned for twelve (12) weeks. Construction Administration of the Work commenced on November 1, 2021.
The Construction Administration Phase and Project Close-out is currently expected to be completed by May 1, 2023.
The schedule for this phase has been revised approximately seventy-eight (78) total weeks.
If the Construction Administration Phase and Project Close-out extend past May 1, 2023, it will be considered a separate additional service for the extended schedule.
B. Under item 6.a Construction Administration Phase of the Prime Agreement, it states the Architect will perform up to eight (8) site visits and attend up to eight (8) meetings.
1. Due to the increase schedule noted above, the Architect shall attend up to a total of thirty-four (34) meetings for this Phase of the Work.
As of February 10, 2023, the Architect has attended thirty (30) meetings.
2. The Architect shall attend up to a total of fifteen (15) site visits for this Phase of the Work.
As of February 10, 2023, the Architect has attended ten (10) site visits.
The additional service fee for the increased schedule and additional meetings and site visits noted above is forty thousand one hundred and twenty dollars ($40,120.00). 82 2. New Door at Restroom Corridor
At the Owner’s request, a new door was added to the hallway between the restrooms and Lobby space for added security when the conference rooms are utilized by the public. Architect shall provide revised plans to the Owner for submittal to the Authority Having Jurisdiction for review and approval.
The additional service fee for the documentation of the added door is fourteen hundred dollars ($1,400.00).
3. Large Conference Room 114 glass folding partition revised to storefront glass system At the Owner’s request, the glass folding partition in the current contract documents for Large Conference Room 114 shall be revised to a storefront system with opaque glass and a door to be located on the north end of the wall. The storefront system shall match the system that is installed at the offices, as part of this Project.
a. Architect shall revise the contract documents to include this requested change and prepare the Construction Change Directive (CCD) for Agency review and approval. b. The additional service fee for the documentation of the revised storefront glass system is three thousand two hundred dollars ($3,200.00).
The following adjustments shall be made to compensation and time.
Compensation:
(Insert provisions in accordance with the Agreement, or as otherwise agreed by the parties.) Compensation for the Additional Services described above shall be in the Lump Sum Basis in the amount of $44,720.00, broken down as follows:
Extended Construction Administration $40,120.00
New Door at Restroom Corridor $ 1,400.00
Large Conference Room $ 3,200.00
Time:
(Insert provisions covering time of commencement and completion of authorized services as applicable.) Time has been extended to May 1, 2023 for these services.
This Amendment 2A fully incorporates, restates and replaces the previously signed Amendments #2 and Amendment #3 executed on February 16, 2023, and January 17, 2023. - 1 -
83 Prompt written notice is required if the services indicated are not needed.
SUBMITTED BY: AUTHORIZATION IS GIVEN BY:
HAMMEL, GREEN AND ABRAHAMSON, INC. CITY OF WEST SACRAMENTO (Signature) (Signature)
Beth Young, Vice President Christopher Dority, Project Manager 1 (Printed name and title) (Printed name and title)
(Date) (Date)
- 2 -
84 85
Attachment 3
JPB Designs, Inc.
CPC21-102 West Gateway Place
AMENDMENT NO. 1
to the
CONSTRUCTION CONTRACT
between the
CITY OF WEST SACRAMENTO
And
JPB Designs, LLC.
Dated May 19th, 2021
This Amendment No. 1 to the Construction Contract between the City of West Sacramento (“City”) and JPB Designs Inc. (Contractor) dated May 19th, 2021 is made and entered into this 16th day of August 2023. Except as expressly amended herein, the May 19th, 2021 Construction Contract is in full force and effect.
RECITALS
WHEREAS, in May 19th, 2021 the City awarded a Construction Contract to JPB Designs for the West Gateway Place Tenant Improvements; and
WHEREAS, staff identified additional scope of work needed; and WHEREAS, Change Orders 1-11 were executed using authorized contingency; and WHEREAS, additional modifications to install a new storefront are needed; and WHEREAS, The City and the Contractor desire to amend said contract.
NOW, THEREFORE, IT IS MUTUALLY AGREED by parties hereto to amend said agreement as follows:
I. SCOPE OF WORK:
The scope of work as set forth in the Construction Contract dated May 19th, 2021 shall be revised to include the additional tasks for the storefront as identified in Change Order 12 attached as Exhibit A.
II. COMPENSATION:
The compensation as set forth in the Construction Contract dated May 19th, 2021, shall be revised to include the tasks as outlined in Exhibit A and shall not exceed $46,788.02 without the City’s prior approval.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as the date herein set forth.
CITY OF WEST SACRAMENTO
By:
Aaron Laurel, City Manager
JPB Designs, Inc.
By:
Artyom Ponomarenko, President
86 Attachment 3
JPB Designs, Inc.
CPC21-102 West Gateway Place
APPROVED AS TO FORM
By:
Jeffrey Mitchell, City Attorney
ATTEST:
By: ________________________________________________________ Jennifer Cusmir, City Clerk 87 JPB Designs Inc.
BID PROPOSAL
$
Total Proposed Cost:
$46,788.02
Time Extension in days =
Contractor: Date:
Signature
Contractor: JPB Designs Inc.
Address: 5650 Main Ave. Suite 2,
Orangevale, CA 95662 Date: 283
Phone :
Email:
916-549-6259
[email protected] PCO NUMBER.: 1
Project: License #: 997483 B/
Owner: &,W\RI:HVW6DFUDPHQWR
West Gateway Remodel
New storefront as per owners request and drawings, lead time is 6 to 8 weeks after approval of drawings
88 1 of 1
Equip. Hourly Extended P.R. Hourly
No. Rate Amounts No. Rate
1 REG. $35.00 $0.00 REG. $126.80
OT. $0.00 OT.
2 REG. $55.00 $0.00 REG. $96.80
OT. $0.00 OT.
3 REG. $25.00 $0.00 REG. $88.90
OT. $0.00 OT.
4 REG. $25.00 $0.00 REG. $88.90
OT. $0.00 OT.
REG. $0.00 REG. $88.90
OT. $0.00 OT.
REG. $0.00 REG.
OT. $0.00 OT.
REG. $0.00 REG.
OT. $0.00 OT.
REG. $0.00 REG.
OT. $0.00 OT.
$0.00
Unit Cost Extended 21.00%
$0.00 No.:
$0.00 No.:$0.00 No.:$0.00 A$0.00 B
$17,945.00 C
$0.00 15% ( A )$0.00 15% ( B )
$17,945.00 5% ( C )
Oasis Pre School
Change order breakdown Report #:
Work Performed By: Date Work Preformed:
Description of Work:
Project Name:
Project #: Date of Report:
Truck Shop drawings/engineering 32
Equipment
Hours
Labor
Hours
Worked Worked
Trailer Laborer 48
Mini Excavator Carpenter 48
drywall/mud 48
Compactor painting 32
( B ) Total Cost for Equipment ( A ) Sub-Total:
Description No. Units Labor Burden/Taxes:
$0.00
Total Cost of Labor:
Travel Expense: $0.00
Subsistence: $0.00
Contractor Representative City Representative
* Note: Per 2006 Cal-Trans Specifications the general contractor is allowed a 5% mark-up on subcontractor's work and 15% Mark up on specialty contract work.
Page
2/8/2023
Extended
$4,057.60
$0.00
( C )Total Cost for Work Done by Sub-Contractors or Specialists Total:
( B ) Total Cost for Material Total Cost of Equipment, Materials & Work:
R and S Glazing Total Cost of Sub or Specialty Contractor Work:
Other:
$0.00$0.00$0.00
$4,646.40
$0.00
$4,267.20
$0.00
$2,844.80
$0.00
$897.25
$46,788.02
West GatewayJPB Designs incAdditional Glazing per owner request % Markup on Labor (See Contract)
% Markup on Equipment, Material and Work Cost
% Markup on Sub-Contractor or Specialty Contractor*
$0.00
$24,300.67
$0.00
$17,945.00
$3,645.10
$0.00$0.00$0.00
$20,083.20
$4,217.47
$0.00$0.00
$4,267.20
$0.00$0.00
89 90
Added Storefront per CCD 02
C/O Date: 1/27/2023
1 0
5353 Napa Vallejo Hwy
American Canyon, CA 94503
Fax: (707) 647-7111
R&S Glazing Specialties, Inc.
Phone: (707) 257-7111
6021 Keats Cir.
Orangevale, CA 95662
Artyom Ponomarenko
[email protected]
JPB Designs Inc.
820 Delta Lane West
West Sacramento, CA 95691
West Gateway Place TI
Description U/M Unit Price Amount
Change Order
Quoted to: Regarding Job:
C/O No: Comments
Sequence:
Owner C/O No:
Qty
Cost to furnish and install new storefront per CCD02.
Storefront to be 1-3/4" x 4" metal in clear anodized finish.
Door to be medium stile door with 10" bottom rail.
Glazing to be 1/4" clear tempered.
Hardware to include overhead closure, 36" ladder pull handle, interior panic device with exterior keyed lock & offset pivot hinges.
Storefront assembly to be installed into plumb, level and square opening that is to be prepared by others. Includes perimeter interior and exterior sealant bead.
1.00 17,945.00 17,945.00
Current Change Order $ 17,945.00
Revised Contract $ 31,878.00
R&S Glazing Specialties, Inc.
JPB Designs Inc.
Original Contract $ 31,878.00
Previous Change Orders $ 0.00
New Contract Total $ 49,823.00
Authorized by: Date:
Representative: Date:
1-27-23
91 CITY COUNCIL AGENDA REPORT
MEETING DATE: August 16, 2023 ITEM # 4
SUBJECT:
CONSIDERATION OF RESOLUTION 23-62 AMENDING THE CAPITAL IMPROVEMENT PROGRAM (CIP) AND APPROVING AMENDMENT 2 TO THE PROFESSIONAL SERVICES CONTRACT WITH ZANJERO, INC. FOR THE WATER MASTER PLAN UPDATE (CIP 21037)
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Amber Wallace, Senior Civil Engineer
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 adopt Resolution 23-62 amending the Capital Improvement Program (CIP) and to approve Amendment 2 to the professional services contract with Zanjero, Inc. for the City of West Sacramento Water Master Plan Update. (CIP 21037)
RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Adopt Resolution 23-62 amending the Capital Improvement Program (CIP) budget for CIP 21037; and 2) Approve and authorize the City Manager, or his designee, to execute Amendment 2 to the professional services contract with Zanjero, Inc. in the amount of $126,513.
BACKGROUND
The City of West Sacramento is one of the fastest growing areas in the Central Valley with its proximity to the California State Capitol – the hub of the 5th largest economy in the world, its business development opportunities – including manufacturing and service industries, and its abundant social and recreational alternatives available locally and within short driving distance. A fundamental component of the City of West Sacramento’s growth is the City’s water supply. The City has recently renegotiated its water asset contracts and is improving its water system redundancy to support its economic development and population growth. The City of West Sacramento’s Water Master Plan Update (Water Master Plan) is the keystone project to ensure that the City’s water supplies meet upcoming business and residential developments while meeting the current fire suppression and other water security needs.
The Water Master Plan links the land-uses identified in the City’s General Plan with the City’s long-term water management strategy. The Water Master Plan examines the current and projected business and residential growth within the City and utilizes the City’s Geographic Information Systems (GIS) capabilities to assess the availability of water utilities to support that growth. The Water Master Plan identifies exactly where the City’s growth will occur and determines how water will be delivered to each development location of sufficient quantity and quality to meet State, Federal, and local regulations. Delivering adequate water of sufficient quality requires investments in infrastructure that necessitate identification and allocation of funds derived from various sources, including City’s water ratepayers, business and residential developers, and federal and state grant funding sources.
On August 17, 2022, City Council approved the professional services contract with Zanjero, Inc. for the Water Master Plan Update.
On May 26, 2023, the City Manager approved Amendment 1 which increased Zanjero’s contract by $49,000 to identify grant opportunities for some of the larger water projects identified by the Water Master Plan CIP effort.
ANALYSIS
While assessing the City’s development needs assumptions for the Water Master Plan Update, the Zanjero team determined that the standard model was not flexible enough to quickly determine all the potential development scenarios. The consultant suggested creating a dynamic model that will accommodate any change in development plans with minimal work, which would therefore save the City time and money in the future. The dynamic model will enable the City to better understand its immediate and future needs for implementing Capital Improvement Program Projects, identify which projects should be prioritized, and allocate costs to those projects from available funding sources.
92 Professional Services Contract with Zanjero, Inc.
August 16, 2023
The work proposed under the contract amendment for preparation of the Water Master Plan Update will also improve the City’s ability to forecast specific development activities, align needed water infrastructure to meet those development activities (including major conveyance improvements), and optimally identify and allocate funds to meet the City’s long-term water management objectives. Performance of creating and implementing the dynamic model requires an amendment to the City’s professional services contract with Zanjero, Inc. The amendment scope of work also includes the additional efforts and time required by Zanjero to obtain, clean, validate, and revise the City’s GIS, customer use, infrastructure, and operations data for use in the master planning process. Additional detail on the revised scope of work is included in Attachment 2.
Environmental Considerations
Not applicable
Commission Recommendation
Not applicable
Strategic Plan Integration
The proposed Amendment 2 to the current Water Master Plan contract with Zanjero, Inc. will continue to support the City’s strategic principle of Core Services & Infrastructure.
Alternatives
Following are the City Council’s primary action alternatives:
1) Approve the recommended actions as stated above; or
2) Modify or defer the recommended actions; or
3) Not approve the recommended action or delete the project.
Alternative 1 is recommended to keep the Water Master Plan on schedule and to allow for the most flexibility in the future in making wise decisions regarding the identification, prioritization, funding and implementation of water-based Capital Improvement Program projects.
Coordination and Review
This report was prepared by the Capital Projects Department in coordination with and review by the Public Works Operations and Maintenance Department and the Finance Department.
Budget/Cost Impact
This project is included in the City’s current Capital Improvement Program (CIP) as the Water Master Plan Update #21037. An additional $126,513 will be needed from the Water Fund (507) to implement this project amendment.
CIP 21037 Water Master Plan Costs
Zanjero Inc. Contract $499,768.00
Contingency $74,965.00
Staff Time $100,000.00
Amendment 1 (within contingency 5/26/23) $49,000.00
Amendment 2 $126,513.00
Total Project Costs $801,246.00
CIP 21037 Water Master Plan Appropriations $674,733.00
Total Needed Appropriation $126,513.00
ATTACHMENTS
1) Resolution 23-62
2) Contract Amendment 2 with Zanjero, Inc.
93 Attachment 1
RESOLUTION 23-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO
APPROVING AN AMENDMENT TO THE CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET FOR THE WATER MASTER PLAN UPDATE PROJECT (CIP 21037) FOR FISCAL YEAR 2023-24
WHEREAS, the City Council adopted the biennial Capital Improvement Program (CIP) budget for Fiscal Years 2023-24 and 2024-25 on June 28, 2023; and WHEREAS, the adopted Capital Improvement Program (CIP) includes the Water Master Plan Update project (CIP 21037); and
WHEREAS, based upon information received subsequent to the adoption of the CIP budget, additional scope was identified in the Water Master Plan Update project to account for the unique development needs of the City; and
WHEREAS, this additional scope includes a revision from the standard model to a dynamic model to provide flexibility in assessing the needs of potential development scenarios and therefore reducing future costs and effort when assessing such development scenarios; and WHEREAS, the City has contracted with the Zanjero, Inc. to update the City’s Water Master Plan including the development of a dynamic model; and WHEREAS, the additional funds necessary for this amendment to the CIP have been calculated to be $126,513, and there are sufficient funds available in the Water Fund (507) for this amendment to the CIP; and
WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City staff, and any other information provided during public meetings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Sacramento as follows:
1. The City Council hereby approves amendments to the Capital Improvement Program (CIP) for the 2023-24 fiscal year as listed below.
SOURCES
$126,513 507-0000-3210
$126,513 TOTAL SOURCES
USES
$126,513 507-9621-5530/507-21037-5800
$126,513 TOTAL USES
2. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.
3. This Resolution shall take effect immediately upon its adoption. 94 Resolution 23-62
PASSED AND ADOPTED by the West Sacramento City Council this 16th day of August 2023, by the following vote:
AYES:
NOES:
ABSENT:
Martha Guerrero, Mayor
ATTEST:
Jennifer Cusmir, City Clerk
95 ATTACHMENT 2
Zanjero
CPE22-235 Water Master Plan Update
Expires 8/17/25
AMENDMENT NO. 2
to the
CONTRACT FOR SERVICES
between the
CITY OF WEST SACRAMENTO
And
ZANJERO, INC.
Dated August 17, 2022
This Amendment No. 2 to the Contract for Services between the City of West Sacramento and Zanjero, Inc. dated August 17, 2022, is made and entered into this 16th day of August 2023. Except as expressly amended herein, the August 17, 2022 Contract for Services is in full force and effect.
RECITALS
WHEREAS, The consultant is preparing the City’s Water Master Plan Update which includes analyzing data from both future and current demands and determining if the system can accommodate future growth.
WHEREAS, demand projections needed extra time for data validation and the possibility of various future scenarios to deliver a product that would meet the City’s needs: and WHEREAS, the model needs to be updated dynamically so that staff can look at multiple development scenarios easily and at reduced future costs; and WHEREAS, the City and Consultant desire to amend said contract.
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 August 17, 2022, shall be revised to reflect the changes in Exhibit “A”.
II. COMPENSATION:
The compensation as set forth in the Contract for Services dated August 17, 2022, shall be revised to include the additional services identified in Exhibit “A”.
Compensation shall be increased by $126,513. In no event shall total compensation exceed $675,281 without written approval from the City.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as the date herein set forth.
CITY OF WEST SACRAMENTO
By:
Aaron Laurel, City Manager
ZANJERO, INC.
By:
Gwyn-Mohr Tully, J.D. Principal
96 ATTACHMENT 2
Zanjero
CPE22-235 Water Master Plan Update
Expires 8/17/25
APPROVED AS TO FORM
By:
Jeffrey Mitchell, City Attorney
ATTEST:
By: ________________________________________________________ Jennifer Cusmir, City Clerk 97 Zanjero - City West Sac WMP Amendmenrt 2 June 2023.docx June 14, 2023
Amber Wallace
Senior Civil Engineer
1110 W. Capitol Ave, 1st Floor
West Sacramento, CA. 95691
Subject: Water Master Plan Amendment 2
Dear Ms. Wallace,
Zanjero, Inc. is currently developing the City’s Water Master Plan under contract dated August 17, 2022. The contract scope of work (listed in Contract Exhibit A) provides the tasks and efforts to complete the master plan. The scope of work was developed and proposed in Zanjero’s proposal based on the scope of work that was requested in the City’s Request for Proposals.
The project approach proposed and included in the contract scope of work presents a standard master planning approach – projecting water demands in five-year increments and identifying infrastructure improvements necessary to meet those demands. However, once we began discussion with City staff regarding development projections, it became clear that although most of these developments are known in some form, the actual timing of each development depends on economic and other factors outside of the City’s control and hampers projection efforts. The increase in the City’s future water demands is mostly dependent on these largescale developments or redevelopment throughout the City. Therefore, accurately projecting water demands in five-year increments, as in standard master plans, is not possible at this time.
Throughout the efforts of the project to date, as Zanjero and the City investigated and discussed land use status, projections, and issues, we developed an approach for the master planning process that will allow the City to identify infrastructure requirements based on triggering events, and not on pre-described time increments. The advantages to this approach are three-fold:
1. Infrastructure can be identified and scheduled for construction when it is actually needed.
2. The infrastructure scheduling process need not depend on guessing individual developer schedules
3. The triggering tool and methodology allows the City to efficiently update its CIP in a dynamic fashion without needing a comprehensive master plan update.
Exhibit A
98 City of West Sacramento
Water Master Plan Amendment 2
Zanjero - City West Sac WMP Amendmenrt 2 June 2023.docx Based on our efforts to date investigating land use status and projected development, City data and processes, and water demand analysis, Zanjero recommends modifying the master plan scope of work to develop and apply a triggering event methodology to the master plan process in place of the traditional static demand projections and infrastructure scheduling. In addition to the recommended change in approach, we are also recommending a revised schedule to incorporate additional coordination with the City Departments and staff to allow participation and input from each respective Department during development of the triggering methodology. The proposed scope of work modifications, budget, and schedule are included in Attachment A to this letter.
The amendment scope of work includes additions and modifications to the original scope of work to incorporate the proposed triggering methodology. As we have discussed, the amendment scope also includes the additional efforts and time required by Zanjero to obtain, clean, validate, and revise the City’s GIS, customer use, infrastructure, and operations data for use in the master planning process.
Amendment 2 is requesting an additional $126, 513, for a total new project budget of $675,281.
We look forward to our continued work with the City’s team on this Water Master Plan project and would gladly entertain any questions or other considerations you may have regarding this proposed amendment.
Sincerely,
Jim Crowley
Jim Crowley, P.E.
Principal, Zanjero Inc.
701 University Ave, Ste 205
Sacramento, CA 95825
[email protected]
(916) 204-6011
99 Zanjero - City West Sac WMP Amendmenrt 2 June 2023.docx A-1 Attachment A
Amendment 2 Scope of Work, Budget, and Schedule
Scope of Work
Task 1 – Project Management
Task 1.1 – Project Management Activities. Added to existing scope: This scope assumes three project management meetings per month that could include City staff or other consultants for an additional six months.
Task 1.2 – Data Collection, Validation, and Analysis. Added to existing scope: Budget includes a nine-month time frame to coordinate data collection and validation.
Task 1.3 – Planning and Operational Criteria. No change to existing contract scope.
Task 2 – Demand Projections
Added to existing scope: This task will utilize the results from the Land Use Technical Memorandum authored by Zanjero. Using the projected full build out of the City’s current General Plan land use, Zanjero will project build-out water demands. Zanjero will utilize the General Plan 2035 projected land use to estimate water demands for this interim growth period as a waypoint to identify triggering events for required infrastructure enhancements. Water demands will be assigned at the parcel level based on land use type, water customer type, development status, and unit water demand factors.
Task 2.1 Demand Analysis.
The following paragraph is deleted and modified as follows:
Annual demand projections will be presented in five-year increments, 2025-2050. The demand for each annual demand planning year will converted to the operational demands using the selected criteria in Task 1.3. These demands will then be utilized in the hydraulic modeling efforts to identify operational performance and develop infrastructure alternatives and operational strategies.
And replaced by:
Demand projections will be presented for General Plan ultimate buildout and General Plan 2035. Near-term demand projections will be developed from the demand 100
City of West Sacramento
Water Master Plan
Amendment 2
Zanjero - City West Sac WMP Amendmenrt 2 June 2023.docx A-2 projection tool based on the Triggering Scenarios developed with the City (in Task 3).
The demand for each planning timeframe will be converted to the operational demands using the selected criteria in Task 1.3. These demands will then be utilized in the hydraulic modeling efforts to identify operational performance and develop infrastructure alternatives and operational strategies.
Added to existing scope: Zanjero will work with City staff to identify the necessary data updates and modifications to consolidate the various versions of GIS into one main City-controlled GIS dataset that includes parcel modification updates, parcel land use and water customer type attributes, and development status. Any errors identified in the City’s GIS data will be corrected, such as incorrect Assessor Parcel Numbers (APNs). Existing development status will include evaluation of each parcel’s current actual land use (if different from the General Plan use) and an estimate of the number of existing dwelling units. Budget includes a four-month time frame for this effort to clean and convert customer data and usage into valid formats and attributes needed to conduct the unit demand analysis and demand projections.
Task 2.2 Hydraulic Model Update. Combine Task 2.3 Hydraulic Model Update with this Task 2.2 to be consistent with budget table. No change in scope other than combining Task 2.2 and 2.3 from original contract into Task 2.2.
Task 2.4 Demand Projection GIS Tool. Zanjero will develop and deliver to the City GIS files that will be used in the future to identify development changes and calculate corresponding changes in water demand. Zanjero will create a demand projection tool that utilizes the GIS parcel data, development status, and water customer code identification to calculate annual water demands. These demands in turn will be converted to modeling parameters based on the operational criteria created in Task 1.3. Zanjero envisions this to be an Excel-based tool that post-processes the data generated by GIS queries.
Zanjero will work in conjunction with City staff to develop this task and create the deliverables including the GIS dataset and the demand projection tool. It is assumed Zanjero and City staff will coordinate frequently to ensure GIS and data attribute continuity the final GIS datasets delivered to the City. Once developed, a draft of both electronic files with a memorandum describing the GIS data, tool methodology, and future use will be submitted to the City for review. Zanjero will meet with the City to review comments to the draft submittal. Zanjero will update the files and memorandum per the draft review comments and discussion, and will submit the final memorandum and electronic files.
Task 3 – Future System Capacity Evaluation
The entire Task 3 scope description is replaced by the following:
101
City of West Sacramento
Water Master Plan
Amendment 2
Zanjero - City West Sac WMP Amendmenrt 2 June 2023.docx A-3 This task will utilize the existing City model to analyze future infrastructure requirements. The system will be modeled at ultimate build out of the City’s General Plan to identify ultimate infrastructure requirements, and at GP 2035 to identify phasing issues. The model will then be used to create interim infrastructure timings and needs based on triggering event demands.
Demand projections from large scale developments identified in the Land Use Technical Memorandum will be utilized as way points to identify the required infrastructure when each respective development is actually started. The triggering event model will be delivered to the City for future use in conjunction with the triggering demand projection GIS/tool so that the infrastructure requirements can be efficiently updated and customized to each specific development and respective demands.
General Plan Land Use Build Out Model. Zanjero will use the validated existing system model to develop the infrastructure requirements for build out of the current General Plan land use. A first draft of infrastructure requirements will be developed and presented to the City for discussion in a workshop. Comments and alternative infrastructure strategies will be discussed and selected for modeling. A draft-final build out infrastructure model will be developed and run that will then be used in the triggering event analysis below. The ultimate infrastructure requirements will be identified and presented in the master plan.
Triggering Event Analysis. The General Plan land use build out model will serve as the end point for infrastructure needs, and the triggering analysis will identify the phasing for constructing infrastructure to support the build out needs. The General Plan 2035 development projections will serve as the approximate midpoint from existing land use development to full build out. A modeling run will be conducted at the General Plan 2035 development projections to identify infrastructure requirements that support the full General Plan build out infrastructure requirements. Additional triggering model runs using Cityidentified near-term development projections will be conducted to identify the near-term infrastructure requirements necessary to support the General Plan buildout infrastructure needs. Zanjero will meet with City staff to discuss and develop run scenarios to identify neatterm developments and group specific developments together in the triggering event runs. In addition to the existing system update, General Plan build out, and 2035 model runs, this scope of work assumes an additional two triggering model runs, for a total of five modeling runs.
Additional runs requested by the City can be conducted at an additional cost to be determined.
Each triggering run will identify the necessary infrastructure requirements as well as any other corresponding requirements, such as operational needs.
Modeling Technical Memorandum. Zanjero will summarize Task 3 analysis and findings into a draft Hydraulic Model Calibration and Capital Improvements Recommendations Technical Memorandum. The Technical Memorandum shall contain a discussion of the General Plan build out and General Plan 2035 Projection infrastructure needs as well as a list of the triggering events and respective infrastructure requirements. The TM shall serve as the foundation for the 102
City of West Sacramento
Water Master Plan
Amendment 2
Zanjero - City West Sac WMP Amendmenrt 2 June 2023.docx A-4 respective Master Plan sections that present the analysis, land use build out, and triggering infrastructure requirements. Zanjero will meet with City to discuss comments and edits to the draft memorandum. Zanjero will revise the memorandum as agreed to and will submit a final memorandum to the City. Zanjero will provide the City with all updated model files, as well as GIS shapefiles containing all model scenario results.
Task 4 – Asset Condition Assessment. No change to existing contract scope.
Task 5 – Capital Improvement Program. No change to existing contract scope.
Task 6 – Master Plan. No change to existing contract scope.
Task 7 – Financial Plan. No change to existing contract scope.
Task 8 – CEQA. No change to existing contract scope.
Task 9 – Underserved Areas Plan. No change to existing contract scope.
Task 10 – Incorporate Supply Strategy. No change to existing contract scope.
Task 11 – Additional Needs Contingency. No change to existing contract scope.
Task 12 – Grant Support. No change to Amendment 1 contract scope. 103
City of West Sacramento
Water Master Plan
Amendment 2
Zanjero - City West Sac WMP Amendmenrt 2 June 2023.docx A-5 Schedule
The project assumes completion of the project in December, 2023. This schedule assumes timely response and scheduling availability by the City for draft document reviews, meetings, and public hearings/meetings for the project and its deliverables. The updated project schedule is presented below and represents the general timing for each main task. Actual timing may differ based on specific issues for each task.
Budget
The revised project budget is presented in Attachment B. The budget table includes Amendment 1, as well as the existing $25,000 contingency. Individual task values are presented for information only, the project will be managed to the total budget amount. The project will be billed on a time and materials basis according to the initial contract terms.
Water Master Plan
Task 1 Project Management
Project Management Activities
Data Collection/Validation
Operational Parameters
Task 2 Demand Projections
Demand Analysis
Hydraulic Model Update
Demand Projection GIS Tool
Task 3 Future System Evaluation
Task 4 Condition Assessment
Task 5 CIP Development
Task 6 Master Plan
Task 7 Financial Plan Support
Tasks 8 CEQA - TBD
Tasks 9 Underserved Areas
Tasks 10 Incorporate Supply Strategy
Tasks 11 Contingency - No Schedule
Task 12 Grant Support
Title
Water Master Plan
Task 1 Project Management
Project Management Activities
Data Collection/Validation
Operational Parameters
Task 2 Demand Projections
Demand Analysis
Hydraulic Model Update
Demand Projection GIS Tool
Task 3 Future System Evaluation
Task 4 Condition Assessment
Task 5 CIP Development
Task 6 Master Plan
Task 7 Financial Plan Support
Tasks 8 CEQA - TBD
Tasks 9 Underserved Areas
Tasks 10 Incorporate Supply Strategy
Tasks 11 Contingency - No Schedule
Task 12 Grant Support
2022 2023 2024
May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb City of West Sacramento Water Master Plan
Amendment 2 Schedule - June 2023
104
Attachment B
City of West Sacramento Water Master Plan Update
Amendment 2
June, 2023
Original Budget,
$
Amendment 1
Budget,
$
Amendment 2
Budget,
$
Total Budget,
$
Amendment 2 Notes
Task
Task 1 - Project Management
Task 1.1 - PM Activities 44,220 - 22,040 66,260 budget increased for increased PM activities for additional projected 6 months Task 1.2 - Data Request 22,960 - 20,440 43,400 budget increased based on actual effort spanning over 9 months Task 1.3 - Planning Criteria 21,580 - (1,740) 19,840 budget decreased based on current understanding of City's design standards Task 1 Subtotal: 88,760 - 40,740 129,500
Task 2 - Demand Projections
Task 2.1 - Demand Analysis 30,680 - 37,320 68,000 Increase due to actual effort to clean up GIS/parcel/attributes and City demand/customer data validation Task 2.2 - Hydraulic Model 96,087 - - 96,087
Task 2.4 - Projection GIS Tool (Amendment 2) - - 23,700 23,700 Develop tool to allow demand scenario planning to minimize futrue modeling efforts.
Task 2 Subtotal: 126,767 - 61,020 187,787
Task 3 48,766 - 24,753 73,519 new efforts for triggering analysis and two new model runs - costs assume Projection GIS tool selected Task 4 - Asset Condition Assessment 53,295 - - 53,295
Task 5 - Capital Improvement Plan
Task 5.1 - Project List 34,760 - - 34,760
Task 5.2 - Prioritization and CIP 35,240 - - 35,240
Task 3 Subtotal: 70,000 - - 70,000
Task 6 - Master Plan
Task 6.1 Draft 34,670 - - 34,670
Task 6.2 Final Master Plan 29,710 - - 29,710
Task 4 Subtotal: 64,380 - - 64,380
Task 7 - Financial Plan 19,800 - - 19,800
Task 8 - CEQA - - - -
Task 9 - Underserved Areas Plan - - - -
Task 10 - Incorporate Supply Strategy - - - -
Task 11 - Additional Needs Contingency 25,000 - - 25,000 Task 12 - Grant Assistance - 49,000 - 49,000
Subtotal: 496,768 49,000 126,513 672,281
ODC: 3,000 - - 3,000
Total: 499,768 49,000 126,513 675,281
Notes:
Water Works Budget includes a ten percent markup for contract risk management Other Direct Costs include travel, copying, and other direct expenses Task and subtask values are shown for information only. Project will be managed to total cost. 105
CITY COUNCIL AGENDA REPORT
MEETING DATE: August 16, 2023 ITEM # 5
SUBJECT:
CONSIDERATION OF THE FIRST AMENDMENT TO THE “DEFERRED FIRE ACCESS AGREEMENT” BETWEEN THE CITY OF WEST SACRAMENTO AND 801 RIVERFRONT
PROPERTY OWNER, LLC
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Mark Collier, Principal Engineer
Community Development Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action
OBJECTIVE
This item considers an amendment to the “Deferred Fire Access Agreement” (see Attachment 1) between the City of West Sacramento (City) and 801 Riverfront Property Owner, LLC (Developer) which modifies the stated prerequisites to obtaining a Temporary Certificate of Occupancy.
RECOMMENDED ACTION
Staff respectfully recommends that the City Council approve the First Amendment to the Deferred Fire Access Agreement (Amendment) between the City of West Sacramento and 801 Riverfront Property Owner, LLC for the WEST project.
BACKGROUND
On January 20, 2021, the City Council approved a Deferred Fire Access Agreement with 801 Riverfront Property Owner, LLC. The Agreement was fully executed on October 1, 2022, following receipt of required documentation and bonding from the Developer.
Said Agreement allowed for issuance of building permits to begin construction of the WEST project (Project) prior to obtaining all permits needed to construct required fire access improvements for the Project. Section 7 of the Agreement also prohibited the issuance of either a Temporary Certificate of Occupancy (TCO), or a Certificate of Occupancy (C of O) for the project prior to completion of the required fire access improvements.
Some of the required fire access improvements are located within the Sacramento River setback area and are subject to review and permitting by the Central Valley Flood Protection Board (CVFPB) and possibly the United States Army Corps of Engineers (USACE). It is not unusual for the permitting process of the CVFPB and the USACE to take longer than City’s permitting process and project construction. The Agreement was entered into with the intent of keeping the Project moving forward while the external review and permitting was taking place.
ANALYSIS
Permits from the CVFPB and the USACE have not been obtained to date. The permit application was significantly delayed by the Developer and it may be several more months before issuance. Minus the permits, the required fire access improvements have not been constructed. The Project is otherwise very close to being ready for occupancy.
The City’s Fire Department has visited the Project site and made a determination that given the current state of completed improvements, adequate fire access is available and that they are comfortable with allowing occupancy under a Temporary Certificate of Occupancy (TCO) prior to completion of the required fire access improvements covered by the Agreement.
The First Amendment to the Agreement being hereby considered would allow for a TCO to be issued prior to completion of the required fire access improvements. Approval of the Amendment would not relieve the Developer’s obligation to obtain the necessary permitting or construct the required improvements. A C of O will not be issued until all of the Developer obligations per the Agreement have been satisfied.
Environmental Considerations
Approval of the proposed agreements can be found to be statutorily exempt from further California Environmental Quality Act (CEQA) review pursuant to California Government Code Section 65457. Section 65457 creates a statutory exemption from CEQA for residential projects that are consistent with a specific plan for which an environmental impact report (EIR) was previously certified. The Project is located within the Bridge District Specific Plan (BDSP) and is consistent with the specific plan. The agreements, which are primarily financial in 106 Consideration of First Amendment to Deferred Fire Access Agreement between the City and 801 Riverfront Properly Owner, LLC August 16, 2023
nature, would not cause any new or more severe impacts on the physical environment, therefore Section 21166 of the Public Resources Code is not triggered. The Project was approved ministerially pursuant to the BDSP and the BDSP certified EIR with all applicable mitigation measures applied.
Commission Recommendation
N/A
Strategic Plan Integration
N/A
Alternatives
The Council’s primary alternatives are summarized below:
1. Authorize the Mayor or her designee to execute the First Amendment to the Deferred Fire Access Agreement (see Attachment 1) in substantially the form shown in the attachment to this staff report.
2. Decline to authorize the Mayor or her designee to execute the First Amendment to the Deferred Fire Access Agreement in substantially the form shown in the attachment to this staff report.
Alternative 1 is staff’s recommendation. This would allow for occupancy of the Project to occur prior to completion of the required fire access improvements, having adequate fire accessibility as determined by the City Fire Department. Alternative 2 would require that all required permitting, improvements, and restrictions on occupancy which are currently specified within the Agreement be strictly adhered to. This would render the Project unoccupiable for an undetermined period of time.
Coordination and Review
The Amendment has been reviewed by the Community Development Department and the City Attorney.
Budget/Cost Impact
There is no fiscal impact.
ATTACHMENTS
1. First Amendment to the Deferred Fire Access Agreement
2. Deferred Fire Access Agreement
107
AMENDMENT NUMBER ONE TO THE DEFERRED FIRE ACCESS
AGREEMENT BETWEEN THE CITY OF WEST SACRAMENTO AND 801
RIVERFRONT PROPERTY OWNER, LLC
THIS AMENDMENT is made on _______________ between the City of West Sacramento, a municipal corporation (“City”) and 801 Riverfront Property Owner, LLC ( “Developer”)
WITNESSETH:
WHEREAS, a Deferred Fire Access Agreement between the City and Developer was entered into on October 1, 2022 (“Agreement”), and:
WHEREAS, both the City and Landowner desire to amend the Agreement to allow for modified requirements for issuance of a temporary certificate of occupancy, and;
NOW, THEREFORE, the parties do hereto mutually agree to the following revisions to said Agreement:
7.1 Completion of Required Improvements. Work on the Required Improvements shall commence within 60 (sixty) days of receipt of all required permits and shall be completed prior to issuance of a certificate of occupancy from the City for the Project in accordance with the Final Plans and Specifications; provided, however, the Required Improvements shall not be deemed completed until determined to be so in writing by the City pursuant to Section 7.1.
A temporary certificate of occupancy may be issued by the City prior to completion of the Required Improvements, at the sole discretion of the City, following receipt of written approval by the City Fire Department confirming sufficient fire access has been provided prior to completion of the Required Improvements and upon receipt of a cash security deposit in the amount of $100,000 (One Hundred Thousand Dollars), being the value of the Performance Security specified in Section 10.1.
Except as expressly amended herein, the Agreement remains unchanged and in full force and effect.
108
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by City and Developer as follows:
City of West Sacramento Riverfront Property Owner, LLC
By: By:
Name: _______________________ Name: ____________________ Title: Title:
Date: ____________ Date: ____________
ATTEST:
Jennifer Cusmir, City Clerk
APPROVED AS TO FORM:
Jeff Mitchell, City Attorney
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CITY COUNCIL AGENDA REPORT
MEETING DATE: August 16, 2023 ITEM # 6
SUBJECT:
CONSIDERATION OF RESOLUTION 23-65 APPROVING THE FINAL MAP OF SUBDIVISION NO. 5211 AND SUBDIVISION NO. 4936, “FOUR40 WEST” ALONG WITH
THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT AND PRIVATE ROAD
AGREEMENT
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Mark Collier, Principal Engineer
Community Development Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action
OBJECTIVE
This item seeks City Council approval of Resolution 23-65 approving the Final Map of Subdivisions 5211 and 4936, “Four40 West”, and the associated Subdivision Improvement Agreement and Private Road Agreement.
RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt Resolution 23-65 approving the Final Map of Subdivisions 5211 and 4936, “Four40 West”, and the associated Subdivision Improvement Agreement and Private Road Agreement.
BACKGROUND
Tentative Subdivision Map No. 5211, “Four40 West”, and Modifications to the previously approved “Alura at Washington Square” Vesting Tentative Subdivision Map No. 4935 were conditionally approved and by the City Planning Commission on July 15, 2021. Subdivision Map No. 5211 located at 426-430 6th Street and 640-702 E Street creates 65 single family lots, and a 0.44-acre park site. Subdivision Map No. 4936 located at 412-420 & 425 6th Street creates 41 single family lots (see Attachment 5, Vicinity Map).
These two tentative maps lie contiguous to one another and are held under the same ownership. They are hereby being mapped together as one Final Map.
ANALYSIS
All applicable conditions of approval of the tentative maps have been satisfied. As a condition of approval of said maps, a Subdivision Improvement Agreement (SIA) has been prepared which obligates the developer to complete all required improvements necessary to serve the property. The required improvements include public and private roadways, water, sanitary sewer, and storm drainage improvements located within the boundary of the Map. Securities have been provided per City Ordinance and State Law to secure the obligations set forth in the SIA’s.
The Private Road Agreement is required because of the private roadways within the subdivision, which contain public water and sewer improvements. This Agreement indemnifies the City against claims which may arise out of the City maintenance of those public utilities.
Environmental Considerations
The Planning Commission found the tentative map to be compliant with CEQA at the time of its approval. No additional findings are required with approval of this map.
Commission Recommendation
The Planning Commission conditionally approved Tentative Subdivision Map No. 5211, “Four40 West”, and Modifications to the previously approved “Alura at Washington Square” Vesting Tentative Subdivision Map No. 4935, on July 15, 2021.
Strategic Plan Integration
Approval of the Final Map of Subdivisions 5211 and 4936 promotes the City’s Strategic Plan goals of creating a “Range of Quality Housing Choices” and “Comfortable Lifestyle and Living”.
Alternatives
In accordance with Section 66458 of the Government Code, if the map conforms to all requirements of the Subdivision Map Act and local subdivision ordinance applicable at the time of tentative map approval or 146
Consideration of Resolution 23-65 Approving the Final Map for Subdivisions 5211 and 4936 August 16, 2023
conditional approval and any rulings made thereunder, the map shall be approved at the meeting at which the map is received or at the next meeting.
Coordination and Review
The Final Map was reviewed by the Community Development Department.
Budget/Cost Impact
The map proponent pays for costs associated with the review and approval of this map per the approved fee schedule.
ATTACHMENT(S)
1. Resolution 23-65
2. Final Map of Subdivision No. 5211 and Subdivision No. 4936
3. Subdivision Improvement Agreement
4. Private Road Agreement
5. Vicinity Map
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Attachment 1
RESOLUTION 23-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO APPROVING THE FINAL MAP OF SUBDIVISIONS 5211 AND 4936, “FOUR40 WEST”, AND
THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT AND PRIVATE ROAD
AGREEMENT
WHEREAS, said Final Map for Subdivisions 5211 and 4936 has been prepared and presented to the City Council of the City of West Sacramento for approval; and WHEREAS, the subject final map is consistent with the approved tentative maps and modifications, thereto; and
WHEREAS, the map includes the creation of private road easements; and WHEREAS, as a condition of approval of said tentative map, the developer is required to enter into a Private Road Agreement with the City; and WHEREAS, developer has submitted an executed Private Road Agreement; and WHEREAS, as a condition of approval of said tentative maps, the developer is required to enter into a Subdivision Improvement Agreement with the City; and WHEREAS, developer has submitted an executed Subdivision Improvement Agreement; and
WHEREAS, as a condition of approval of said tentative map, the developer is required to secure the completion of required public improvements per City Municipal Code and State Map Act requirements; and
WHEREAS, the developer has submitted all required securities; and WHEREAS, all other conditions of approval of the Tentative Maps have been satisfied and said Final Map conforms to the requirements of the Subdivision Map Act and local ordinances.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of West Sacramento hereby approves the Final Map for Subdivisions 5211 and 4936, “Four40 West”, and the associated Subdivision Improvement Agreement and Private Road Agreement and authorizes the mayor to execute said Agreements on behalf of the City Council.
PASSED AND ADOPTED by the City Council of the City of West Sacramento this 16th day of August 2023 by the following vote:
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Attachment 1
AYES:
NOES:
ABSENT:
________________________________
Martha Guerrero, Mayor
ATTEST:
Jennifer Cusmir, City Clerk
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1 No recording fee pursuant to
Government Code Section 27383
RECORDING REQUESTED BY AND
WHEN RECORDED, MAIL TO:
City of West Sacramento
1110 West Capitol Avenue
West Sacramento, California 95691
Attn: City Clerk
(SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE)
AGREEMENT CONCERNING PRIVATE ROADS
THIS AGREEMENT is made this ______ day of ________________, 20____, by and between BlackPine 440 West, LLC, a California limited liability company and IM Fine Property Investments, LLC, a California limited liability company (hereinafter referred to as “Owners”), and the CITY OF WEST SACRAMENTO, a municipal corporation organized and existing under the laws of the State of California (“City”), with respect to the following facts:
R E C I T A L S:
A. Owners are the owner of certain real property located within the corporate limits of the City (the “Property”), a legal description of which is attached hereto as Exhibit “A” and incorporated herein by reference.
B. Owner has presented to the City a parcel map or final map (the “Map”) of a proposed subdivision of the Property that has been prepared in accordance with the Subdivision Map Act of the State of California, the subdivision ordinances of the City, and the tentative map of the subdivision previously approved by the City of West Sacramento. The proposed subdivision of land is commonly known and described as Four40 West, and is hereinafter referred to as “the Subdivision.”
C. Owners propose that the streets within the Subdivision be private streets. As private streets, maintenance and repair will be the responsibility of Owners rather than the City.
D. Although the streets within the Subdivision will be privately owned and maintained, the Map contains an offer of dedication of an easement (the “Easement”) for: i) the installation, maintenance and repair of public utilities; and ii) access to the streets for the purpose of receiving public services such as solid waste, recycling, fire and police, and other municipal services. City will provide such services and maintain its public utilities, on the same terms as generally available to the public, provided City is held harmless and indemnified pursuant to the terms of this Agreement.
A G R E E M E N T:
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein, Owners and the City hereby agree as follows:
1. Definitions. As used herein, the following terms have the meaning set forth below:
Attachment 4
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2 1.1 City. “City” means the City and its officers, employees, agents, contractors, volunteers, franchisees or any other person acting on behalf of City.
1.2 Owners. “Owners” means the Owners and their heirs, successors and assigns, including without limitation any natural or corporate person(s) having a legal or equitable interest in the private streets or the legal obligation to maintain or repair said streets, other than the City.
2. Defense, Indemnification and Hold Harmless. Owners shall defend (with counsel selected by Owners and approved by the City in its sole discretion), indemnify, and hold harmless the City from any and all claims, losses, damages, including property damage, personal injury (including death), costs (including attorney fees), and liability of any kind or nature (collectively, "Claims") directly or indirectly arising out of or in any way connected with the City's use of or work on or under the private streets within the Subdivision, save and except to the extent such Claims arise from the negligence or willful misconduct of the City. The parties intend that this provision shall be broadly construed to effectuate its purpose.
3. Waiver. In addition to its obligations under Section 2 of this Agreement, Owners hereby waive and release City from any future Claim by Owners against the City for losses or damages to the private roads within the Subdivision resulting from the City's use of or work on or under the private streets within the Subdivision, save and except to the extent such Claims arise from the sole negligence or willful misconduct of the City.
4. Insurance.
4.1 Commercial General Liability Insurance. Owners shall take out and maintain during the term of this Agreement commercial general liability insurance to insure against the Claims in an amount not less than one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000) in the aggregate.
4.2 Endorsements. Promptly upon execution of this Agreement and prior to the City's provision of any of the public services described in this Agreement, the Owners shall provide the City with certificates of insurance and original endorsements effecting coverage for the insurance policy required by this Agreement. The endorsements and policies shall provide that thirty (30) days' written notice of any change or cancellation of the insurance policies will be provided to the City. Such insurance and endorsements shall name the City and its officers, employees, agents, contractors, franchisees or any other person acting on behalf of City, as insureds with respect to liability arising out of the Claims, and shall provide that such insurance is primary insurance with respect to the interest of the City and that of any other insurance maintained by the City. The endorsements and policies shall include a severability of interests (cross-liability) clause, and shall provide that no failure by the Owners to comply with any reporting requirements in the policy will injure the rights of the City. The endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf, and shall be in a form approved by the City, such approval not to be unreasonably withheld, conditioned or delayed. Approval of the insurance by the City shall not relieve or decrease any liability of Owners.
5. Recordation. Owners shall record this Agreement in the office of the Recorder of Yolo County, State of California, against the Property prior to approval of the Map for the Subdivision, and receipt of proof of such recordation, to the reasonable satisfaction of City, shall be a condition precedent to City’s approval of the Map for the Subdivision. Costs for recording, if any, shall be borne by Owners.
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3 6. Agreement as Running Covenant and Equitable Servitude. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the respective parties. This Agreement shall constitute a covenant running with the land and shall, in any event, and without regard to technical classification or designation, be to the fullest extent permitted by law and equity binding for the benefit of the City and enforceable by the City against the Owners, its successors and assigns as a covenant running with the land and an equitable servitude upon the parcels burdened by the Easement.
7. Integration. This Agreement is an integrated agreement. It supersedes all prior negotiations, representations, or agreements, either written or oral.
8. Modification or Termination. This Agreement may be amended or terminated only by a written instrument signed by the parties. Owners shall bear all costs of amendments to this Agreement that are requested by the Owners.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate by their respective officers hereunto duly authorized as of the day and year first herein written.
OWNERS:
BLACKPINE 440 WEST LLC,
a California limited liability company
BY: _______________________ __________
Michael E. Paris Date
Its: Operating Manager
IM FINE PROPERTY INVESTMENT LLC
a California limited liability company
BY: ________________________ ___________
Matthew N. Fine Date
Its: Operating Manager
CITY:
CITY OF WEST SACRAMENTO,
a municipal corporation
By: ___________________________
Name:
Title:
163
4 ATTEST:
_________________________________
Kryss Rankin, City Clerk
APPROVED AS TO FORM:
KRONICK, MOSKOVITZ, TIEDEMANN
& GIRARD, a Professional Corporation
___________________________________
Jeff Mitchell, City Attorney
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Exhibit “A”
Legal Description
The land described herein is situated in the State of California, County of Yolo, City of West Sacramento, described as follows:
Parcel One:
Lots 19 and 20, Block 28, Town of Washington, filed June 26, 1869 in Book I of Deeds, at Pages 264 and 265, Yolo County Records, together with that portion of Westerly one-half of Sixth Street vacated by Resolution No. 00-38, recorded June 3, 2003, Instrument No. 2003-0032007, Yolo County Records.
Excepting therefrom the following:
Beginning at the Northeast corner of said Lot 19; thence along the Easterly line of said Lot 19, South 8°33'30" West, 9.50 feet; thence leaving said Easterly line, North 88°56'15" West, 53.66 feet to a point on the Westerly line of said Lot 20; thence along said Westerly line North 8°33'30" East, 16.50 feet to the Northwesterly corner of said Lot 20; thence along the Northerly line of said Lots 20 and 19, South 81°26'30" East, 53.20 feet to the point of beginning.
Also excepting therefrom, any portion of the herein described land that may lie within the lands of the Southern Pacific Railroad or its successors, that are within that portion of Sixth Street as vacated by Resolution No. 00-38, recorded June 3, 2003, as Instrument No. 2003-0032007, Yolo County Records.
APN: 010-191-011-000
Parcel Two:
A portion of Lot 21, Block 28, Town of Washington, filed June 26, 1869 in Book I of Deeds, Pages 264 and 265, Yolo County Records, more particularly described as follows:
Beginning at a point in the Easterly line of said Lot 21 that is distant South 8°33'30" West, thereon 16.50 feet from the Northeasterly corner of said Lot 21; thence along said Easterly line, South 8°33'30" West, 63.50 feet to a point on the Southerly line of said Lot 21; thence along said Southerly line North 81°26'30" West, 26.60 feet to a point on the Westerly line of said Lot 21; thence along said Westerly line North 8°33'30" East, 60.00 feet; thence leaving said Westerly line, South 88°56'15" East, 56.83 feet to the point of beginning.
Excepting therefrom all of the minerals and mineral ores of every kind and character now known to exist or hereafter discovered upon, within or underlying limiting the generality of the foregoing, all petroleum, oil, natural gas or other hydrocarbon substances and products derived therefrom, together with the exclusive and perpetual right of said grantor, its successors and assigns, or ingress and egress beneath the surface of said property to explore for, extract, mine and remove the same, and to make such use of the said property beneath the surface as is necessary or useful in connection therewith, which use may include lateral or slant drilling, boring, drilling, boring, digging or sinking of wells, shafts or tunnels; provided, however, that said grantor, its successors and assigns, shall not use the surface of said property in the exercise of any of said rights, and shall not disturb the surface of said property, or any improvements thereon, as reserved by Southern Pacific Company in deed recorded April 16, 1958 in Book 539 of Official Records, at Page 433, Yolo County Records. 165
APN: 010-191-017-000 (portion)
Parcel Three:
Lots 22, 23, 24 and 25, Block 28, Town of Washington, filed June 26, 1869 in Book I of Deeds, Page 264 and 265, Yolo County Records.
Excepting therefrom the following:
Beginning at the Northeasterly corner of said Lot 22; thence along the Easterly line of said Lot 22, South 8°33'30" West, 20.00 feet; thence leaving said Easterly line, North 88°56'15" West, 108.12 feet to a point on the Westerly line of said Lot 25; thence along said Westerly line North 8°33'30" East, 34.10 feet to the Northwesterly corner of said Lot 25; thence along the Northerly line of said Lots 25, 24, 23 and 22, South 81°26'30" East, 107.20 feet to the point of beginning.
APN: 010-191-017-000 (portion)
Parcel Four:
Lots 17 and 18, Block 28, Town of Washington, filed June 26, 1869 in Book I of Deeds, Pages 264 and 265, Yolo County Records, together with that portion of the Westerly one-half of Sixth Street vacated by Resolution No. 00-38, recorded June 3, 2003, as Instrument No. 2003-0032007, Yolo County Records.
APN: 010-191-012-000, 010-191-013-000
Parcel Five:
Lots 7, 8, 9, 10, 11, 12, 13, 14, 15, 25, 26, 27, 28, 29 and 30, Block 23, Town of Washington, filed June 26, 1869 in Book I of Deeds, Page 264, Yolo County Records.
Together with that portion of Sixth Street vacated in the Resolution recorded June 3, 2003 as Instrument No. 2003-0032007, Official Records.
APN: 010-192-003-000
Parcel Six:
All that portion of Blocks 28 and 33, as said blocks are shown on the Plat of the Town of Washington, in the City of West Sacramento, County of Yolo, State of California, filed June 26, 1869 in book I of Deeds, Pages 264 and 265, Yolo County Records (together with that portion of abandoned Seventh Street which would attach by due process of law), described as follows:
Beginning at the most Southerly corner of Lot 3 of Block 28; thence from said point of beginning, along the Southwesterly boundaries of Lots 3 through 12, Block 28, inclusive, said abandoned portion of Seventh Street and Lots 1 through 12, Block 33, inclusive, respectively, said boundaries also being the Northeasterly right-ofway line of E Street, North 81°20’00” West 666.67 feet to the most Westerly corner of Block 33; thence along the Northwesterly boundaries of Lots 12, 13 and 14, Block 33, respectively, North 08°40’00” East 171.44 feet; thence leaving said Northwesterly boundaries, curving to the right on an arc of 360.60 feet radius, said arc being subtended by a chord bearing North 67°13’12” East 256.08 feet; thence North 88°01’05” East 195.19 feet; thence South 86°22’19” East 123.51 feet to a point on the Southeasterly boundary of Lot 26, Block 28; thence along said boundary, South 08°40’00” West 31.96 feet to a point on the Northeasterly boundary of Lot 15, Block 28; thence along said boundary, South 81°20’00” East 26.67 feet to the most Easterly corner of Lot 15; thence 166
along the Southeasterly boundaries of Lots 15, 14 and 13, Block 28, respectively, South 08°40’00” West 240 feet to the most Southerly corner of Lot 13; thence along the Northeasterly boundaries of Lots 6, 5, 4 and 3, Block 28, respectively, South 81°20’00” East 106.67 feet to the most Easterly corner of said Lot 3; thence along the Southeasterly boundary thereof, South 08°40’00” West 80.00 feet to the point of beginning.
APN: 010-191-018-000
Parcel Seven:
The North one-half of Lot 16, Block 28, Town of Washington, according to the official plat thereof, filed in the Office of the Recorder of Yolo County, California on June 26, 1869, in Book I of Deeds, Page 264.
Together with a portion of the following described real property lying between the Northerly and Southerly boundary lines of the said North one-half of Lot 16 projected Easterly:
Beginning at the Southeasterly corner of Lot 1, Block 28, of the Town of Washington, State of California, as known and designated upon the map or plan of the Town of Washington, filed in the Office of the Recorder of Yolo County, California on June 26, 1869, in Book I of Deeds, Pages 164 and 165, Yolo County Records, said point also being the intersection of the Westerly line of Sixth Street and the Northerly line of E Street (formerly Harriet Street); thence Northerly along the Easterly lines of Lots 1 and 16 a distance of 160 feet to the Northeasterly corner of said Lot 16; thence leaving said Easterly line along the projection of the Northerly line of said Lot 16 a distance of 12 feet; thence Southerly and parallel to said Easterly lot lines a distance of 160 feet to a point on the projection of the Northerly line of E Street (formerly Harriet Street); thence Westerly along said projection a distance of 12.00 feet to the point of beginning.
APN: 010-191-004-000
Parcel Eight:
The South 1/2 of Lot 16, Block 28, Official Map of the Town of Washington, filed June 26, 1869, in Book "I" of Deeds, Pages 264 and 265, Yolo County Records, and that portion of the West 12 feet of Sixth Street, as shown on said map,lying between the direct extension Easterly of the North and South lines of said South 1/2 of said Lot 16, Block 28, of said map.
APN: 010-191-005-000
Parcel Nine:
Lots 1 and 2, Block 28, of the Town of Washington, State of California, as known and designated upon the map or plan of the Town of Washington, filed in the Office of the Recorder of Yolo County, California on June 26, 1869, in Book I of Deeds, Pages 264 and 265, Yolo County Records.
Together with a portion of the following described real property lying between the Northerly and Southerly boundary lines of said Lot 1 projected Easterly:
Beginning at the Southeasterly corner of Lot 1, Block 28, of the Town of Washington, State of California, as known and designated upon the map or plan of the Town of Washington, filed in the Office of the Recorder of Yolo County, California on June 26, 1869, in Book I of Deeds, Pages 164 and 165, Yolo County Records, said point also being the intersection of the Westerly line of Sixth Street and the Northerly line of E Street (formerly Harriet Street); thence Northerly along the Easterly lines of Lots 1 and 16 a distance of 160 feet to the Northeasterly corner of said Lot 16; thence leaving said Easterly line along the projection of the Northerly line of said Lot 16 a distance of 12 feet; thence Southerly and parallel to said Easterly lot lines a distance of 160 feet to a point on the 167
projection of the Northerly line of E Street (formerly Harriet Street); thence Westerly along said projection a distance of 12.00 feet to the point of beginning.
APN: 010-191-006-000
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Attachment 5
Vicinity Map
E STREET
5TH
STREET
F STREET
6TH
STREET
7TH
STREET
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SUBDIVISION IMPROVEMENT AGREEMENT
This Agreement is made and entered into this ______ day of ______________________, ____, by and between the City of West Sacramento, hereinafter referred to as “City,” and BlackPine 440 West LLC, a California limited liability company, hereinafter referred to as “Subdivider.”
RECITALS
A. Subdivider has presented to the City a final map of a proposed subdivision of land located within the corporate limits of the City that has been prepared in accordance with the Subdivision Map Act of the State of California, the subdivision ordinances of the City, and the tentative maps of the subdivisions previously approved by the Planning Commission of the City of West Sacramento.
B. The proposed subdivision of land is commonly known and described as Four40 West (Subdivision No’s 5211 and 4936), and is hereinafter referred to as “the Subdivision.” C. Subdivider has requested approval of the final map prior to the construction and completion of the public improvements, including, but not limited to streets, highways, public ways, sidewalks, curbs, gutters, storm drainage facilities, public utility facilities, design standards which are part of the provisions for lot grading and drainage in or appurtenant to the Subdivision, and other public improvements that are required by the Subdivision Map Act, the subdivision ordinances of the City, the tentative maps (and approvals given in connection therewith), and final grading plan, if any, approved by the City. The foregoing improvements are hereinafter referred to as “the Required Improvements.” NOW, THEREFORE, the parties agree as follows:
1. Performance of Work. Subdivider agrees to furnish, construct and install at Subdivider’s own expense the Required Improvements as shown on the plans and specifications of the Subdivision, a copy of which is on file in the Community Development Department, and is incorporated herein by reference, along with any changes or modifications as may be required by the Community Development Director or designee (“the Director”) due to errors, omissions, or changes in conditions. The plans and specifications of the Required Improvements may be modified by the Subdivider as the development progresses, subject to the prior written approval of the Director. The total estimated cost of the Required Improvements, as determined by the Director, is as follows:
1.1 Required Improvements – Phase 1, Lots 1-28: Six Hundred Thirty-Three Thousand Four Hundred Forty-One dollars ($633,441.00).
1.2 Required Improvements – Phase 2, Lots 29-106: One Million Three Hundred Ninety-Four Thousand Nine Hundred Sixty-One dollars ($1,394,961.00).
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1.3 Subdivider may construct Required Improvements in accordance with the attached Exhibit A Improvement Phasing Exhibit, however, Phase 2 Required Improvements shall not be accepted by the City prior to acceptance of Phase 1 Required Improvements.
2. Work; Satisfaction of Director. All of the work on the Required Improvements is to be done at the places, of the materials, and in the manner and at the grades, all as shown upon the approved plans and specifications and the City’s Improvement Standards and Specifications, to the satisfaction of the Director.
3. Injury to Public Improvements, Public Property or Public Utilities Facilities.
Subdivider shall replace or repair, or have replaced or repaired, all public improvements, public utility facilities, and surveying or subdivision monuments which are destroyed or damaged in the performance of any work under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or private utility property damaged or destroyed in the performance of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction of the Director.
4. Inspection by City. Subdivider shall at all times provide safe access for inspection by the City to all parts of the Required Improvements and to all places where the Required Improvements are in preparation.
5. Subdivider’s Obligation to Warn Public During Construction. Until final acceptance of the Required Improvements, Subdivider shall give good and adequate warning to the public of each and every dangerous condition existing in said improvements, and will take reasonable actions to protect the public from such dangerous condition.
6. Superintendence by Subdivider. Subdivider shall require each contractor and subcontractor to have a competent foreman on the job at all times when that contractor or subcontractor, or any employee or agent thereof, is performing work on the Required Improvements. In addition, Subdivider shall maintain an office with a telephone and Subdivider or a person authorized to make decisions and to act for Subdivider in Subdivider’s absence shall be available on the job site within three (3) hours of being called at such office by the City during the hours of 9:00 A.M. through 5:00 P.M., Monday through Friday, or any other day or time when work is being performed on the Required Improvements.
7. Work; Time for Commencement and Performance. Work on the Required Improvements has been commenced by the Subdivider and shall be completed on or before the 31st day of December, 2024; provided, however, that the Required Improvements shall not be deemed to be completed until accepted in writing by the City.
8. Time of Essence; Extension.
a. Time is of the essence of this Agreement. The dates for commencement and completion of the Required Improvements may not be extended, except as provided in this 171
paragraph. The Director may extend the dates for a maximum of one hundred and eighty (180) days due to delays in the work actually caused by inclement weather, riots, strikes, lockouts, fires, earthquakes, floods and conditions resulting therefrom, or for other reason beyond the control of the Subdivider. Extension of the dates for any other cause or beyond one hundred and eighty (180) days shall be made only by the City Council. Extensions shall be granted only upon a showing of good cause by the Subdivider. The City Council or Director, as appropriate, shall be the sole and final judge as to whether good cause has been shown to entitle the Subdivider to an extension.
b. Requests for extension of the commencement and/or completion date shall be in writing and delivered to the City in the manner hereinafter specified for service of notices.
An extension of time, if any, shall be granted only in writing, and an oral extension shall not be valid or binding on the City.
c. In the event the City extends the time of commencement and/or completion of the Required Improvements, such extension may be granted without notice by the City to the Subdivider’s surety and shall in no way release any guarantee or security given by the Subdivider pursuant to this Agreement, or relieve or release those providing an improvement security pursuant to this Agreement. The surety or sureties, if any, in executing the securities shall be deemed to have expressly agreed to any such extension of time. d. In granting any extension of time, the City may require new or amended improvement security in amounts increased to reflect increases in the costs of constructing the Required Improvements or impose other conditions to protect its interests and ensure the timely completion of the Required Improvements.
9. Utility Undergrounding and Relocation Costs. Subdivider shall assume all costs for utility and cable television undergrounding and/or relocation which is not the responsibility of the cable television, gas, electric, telephone, or other utility company under the terms of the franchises with the City or otherwise imposed upon the utility companies by law.
10. Improvement Security. Concurrently with the execution of this Agreement, the Subdivider shall furnish the City:
a. Faithful Performance and Payment Security. For each Phase described in Section 1.1 and 1.2 two (2) improvement securities as set forth in City of West Sacramento Municipal Code section 16.44.080(B). Each security shall be in the amount of one hundred percent (100%) of the total estimated cost for each of the Required Improvements Sections 1.1 and 1.2., as determined by the Director. For each Section 1.1 and 1.2 of the Required Improvements, there shall be one improvement security that shall secure faithful performance of this Agreement (the “faithful performance” security)and the second improvement security that shall secure the obligations set forth in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California for payment to the contractor, subcontractors and to persons renting equipment or furnishing labor or materials to them for the work (the “payment security”).
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b. Guarantee and Warranty Security. Subdivider shall also file with this Agreement a “guarantee and warranty security” in the amount of ten percent (10%) of the total estimated cost for each of the Required Improvements Section 1.1 and 1.2, as determined by the Director, to guarantee and warrant the Required Improvements for a period of one year following their completion and acceptance against any defective work or labor done, or defective materials furnished, as required by City of West Sacramento Municipal Code section 16.44.080(D). c. Monument Security. Subdivider shall also file with this Agreement a “monument security” in the amount of one hundred percent (100%) of the total estimated cost of the installation of survey monuments in the Subdivision, as determined by the Director, which total cost is in the amount of Thirteen Thousand Three Hundred Dollars ($13,300.00), to guarantee and secure the placement of such monuments as required by City of West Sacramento Standard Specifications and Details.
d. Any bonds submitted as security pursuant to this section shall be executed by a surety company authorized to transact a surety business in the State of California. All required securities shall be in a form approved by the City Attorney. e. No change, alteration, or addition to the terms of this Agreement or the plans and specifications incorporated herein shall in any manner affect the obligation of the sureties, except as otherwise provided by the Subdivision Map Act. f. The securities shall be irrevocable, shall not be limited as to time (except as to the one-year guarantee and warranty period) and shall provide that they may be released, in whole or part, only upon the written approval of the Director and as provided in paragraph 11.
All securities provided pursuant to this Agreement shall expressly obligate the surety for any extension of time authorized by the City for Subdivider’s completion of the Required Improvements, whether or not the surety is given notice of such an extension by the City.
11. Release of Security.
a. Guarantee and Warranty Security. Any unused portion of the guarantee and warranty security may be released one year after acceptance of the Required Improvements by the City Council. The amount to be released shall first be reduced by the amount deemed necessary by the City to correct any defects in the Required Improvements that are known or believed by the City to exist at the end of the guarantee and warranty period. b. Payment Security. The payment security may be released thirty-five (35) days after passage of the time within which claims of lien are required to be recorded pursuant to Article 3 of Chapter 2 of Title 15 of Part 4 of Division 3 of the Civil Code (commencing with Section 3114), but in no event shall such security be released prior to one hundred and twenty (120) days after acceptance of the Required Improvements by the City Council. The amount to be released shall first be reduced by the total of all claims on which an action has been filed and notice thereof given in writing to the City. City expressly may require the surety not to release the amount of security deemed necessary by City to assure payment of reasonable expenses and fees, including reasonable attorney’s fees.
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c. Faithful Performance Security. The faithful performance security may be released upon acceptance of the Required Improvements by the City Council. d. Monument Security. The monument security may be released upon acceptance of the required monument installation by the Director.
12. Inspection and Other Fees. The Subdivider shall pay to the City all fees imposed in connection with the construction and inspection of the Phase 1 and Phase 2 Required Improvements. These fees per Phase must be paid in full prior to the City’s acceptance of the Required Improvements for each Phase. The fees referred to above are not necessarily the only City fees, charges or other costs that have been, or will be, imposed on the Subdivision and its development, and this Agreement shall in no way exonerate or relieve the Subdivider from paying such other applicable fees, charges, and/or costs.
13. Defense, Indemnification and Hold Harmless. The Subdivider shall defend, indemnify, and hold harmless the City, its officers, employees, agents, and elective and appointive boards from any and all claims, losses, damages, including property damage, personal injury, including death, costs, including attorney fees, and liability of any kind or nature directly or indirectly arising out of or in any way connected with performance under this Agreement and/or the construction of the Required Improvements by the Subdivider, contractor or any subcontractor, or of any person directly or indirectly employed by, or acting as agent for the Subdivider, contractor or any subcontractor, save and except those matters arising from the sole, active negligence of the City.
This defense, indemnification and hold harmless provision shall extend to claims, losses, damage, injury, costs, including attorney fees, and liability for injuries occurring after completion of the construction of the Required Improvements as well as during construction, and shall apply regardless of whether or not the City has prepared, supplied or approved the plans and/or specifications for the Required Improvements or has inspected or accepted the same.
Acceptance of insurance required under this Agreement shall not relieve Subdivider from liability under this defense, indemnification and hold harmless provision.
The parties intend that this provision shall be broadly construed to effectuate its purpose.
14. Environmental Warranty.
a. Prior to the acceptance of any dedications or improvements by City, Subdivider shall certify and warrant that: neither the property to be dedicated nor Subdivider are in violation of any environmental law and neither the property to be dedicated nor the Subdivider are subject to any existing, pending, or threatened investigation by any federal, state or local governmental authority under or in connection with any environmental law. Neither Subdivider nor any third party will use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any hazardous substance, except in compliance with all applicable environmental laws. Subdivider has not caused or permitted the release of, and has no knowledge of the release or presence of, any hazardous substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the 174
vicinity of, the property to be dedicated. Subdivider’s prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated. Subdivider shall give prompt written notice to City at the address set forth herein of:
(i) Any proceeding or investigation by any federal, state or local governmental authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated;
(ii) Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and
(iii) Subdivider’s discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability, or suit under any environmental law. b. As used in this Agreement, the term “hazardous substance” includes any hazardous or toxic substance or material or waste, including but not limited to all types of gasoline, oil, and other petroleum hydrocarbons, asbestos, radon, polychlorinated biphenols (PCBs), or any other chemical, material, controlled substance, object, condition, waste, living organism or any combination thereof which is or may be hazardous to human health or safety or to the environment due to its radioactivity, ignitability, corrosivity, reactivity, explosivity, toxicity, carcinogenicity, mutagenicity, phytotoxicity, infectiousness or other harmful properties of effects, which is now, or in the future becomes, listed, defined or regulated in any manner by any federal, state, or local City based directly or indirectly upon such properties.
15. Subdivider’s Insurance. Before signing this Agreement, Subdivider shall have obtained all insurance required under this paragraph and such insurance shall have been approved by the City Attorney as to form and sufficiency. Subdivider shall not allow any contractor or subcontractor to commence work until similar insurance first shall have been so obtained by such contractor or subcontractor and approved by the City Attorney. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. Any deductibles or self-insured retentions must be declared to and approved by the City. Upon request by the City, Subdivider shall demonstrate financial capability for payment of such deductibles or self-insured retentions. a. Worker’s Compensation Insurance. Subdivider shall maintain, during the term of this Agreement, workers’ compensation insurance for all of Subdivider’s employees employed at the site of improvement, and in case any work is sublet, Subdivider shall require any contractor or subcontractor similarly to provide workers’ compensation insurance for all contractor’s employees or subcontractor’s employees, unless such employees are covered by the protection afforded by Subdivider. Subdivider shall indemnify and hold harmless the City for any damage resulting to it, including attorney fees, from failure of either Subdivider or any contractor or subcontractor to take out or maintain such insurance. 175
b. Commercial General Liability Insurance. Subdivider shall take out and maintain during the term of this Agreement such commercial general liability insurance as shall insure the City, its elective and appointive boards and commissions, officers, agents and employees, Subdivider and any contractor or subcontractor performing work covered by this Agreement against claims for damages for personal injury, including death, as well as against claims for property or other damage which may arise from Subdivider’s or any contractor’s or subcontractor’s operations hereunder, whether such operations are by Subdivider or any contractor or subcontractor or by anyone directly or indirectly employed by either Subdivider or any contractor or subcontractor. The insurance shall be in an amount not less than one million dollars ($1,000,000) per occurrence.
16. Endorsements. Promptly upon execution of this Agreement and prior to commencement of any work, the Subdivider shall provide the City with certificates of insurance and original endorsements effecting coverage for all insurance policies required by this Agreement. The endorsements and policies shall provide that thirty (30) days’ written notice of any change or cancellation of the insurance policies will be provided to the City. Such insurance and endorsements shall name the City, its officers, employees, agents, boards, commissions, and volunteers as additional insureds with respect to liability arising out of the performance of any work under this Agreement, and shall provide that such insurance is primary insurance with respect to the interest of the City and that of any other insurance maintained by the City. The endorsements and policies shall include a severability of interests (cross-liability) clause, and shall provide that no failure by the Subdivider to comply with any reporting requirements in the policy will injure the rights of the City. The endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf, and shall be in a form approved by the City Attorney. If requested by the City, Subdivider agrees to furnish one copy of each required policy or endorsement to the City, and additional copies as requested in writing, certified by an authorized representative of the insurer. Approval of the insurance by the City shall not relieve or decrease any liability of Subdivider.
17. Prevailing Wage. In the event it is determined that the Subdivider is required to pay prevailing wages for the work performed under this Agreement, the Subdivider shall pay all penalties and wages as required by applicable law.
18. Title to Required Improvements. The City shall not accept any real property to be dedicated or the Required Improvements unless they are constructed in conformity with the approved plans and specifications, approved modifications, if any, the approved final map, and City Improvement Standards and Specifications, to the satisfaction of the Director. Until such time as the Required Improvements are accepted by the City, Subdivider shall retain title and shall be responsible for, and bear the risk of loss to, any of the improvements constructed or installed.
Title to and ownership of any real property to be dedicated and the Required Improvements constructed under this Agreement by Subdivider shall vest absolutely in the City upon completion and acceptance in writing of such Required Improvements by City. The City shall not accept the Required Improvements unless title to the Required Improvements is entirely free from lien. Prior to acceptance, Subdivider shall supply the City with appropriate lien releases, at no cost to and in a form acceptable to the City. 176
19. Repair or Reconstruction of Defective Work. If, within a period of one year after final acceptance by the City Council of the Required Improvements, any improvement or part of any improvement furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this Agreement materially fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, Subdivider shall without delay and without any cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the improvements. If the Subdivider fails to act promptly or in accordance with this requirement, or if the exigencies of the situation require repairs or replacements to be made before the Subdivider can be notified, then the City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to City the actual cost of such repairs plus fifteen percent (15%) within thirty (30) days of the date of billing for such work by City.
20. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider’s agents, contractors, or subcontractors are or shall be considered to be agents of the City in connection with the performance of Subdivider’s obligations under this Agreement.
21. Notice of Breach and Default. The following shall constitute a default under this Agreement: If Subdivider refuses or fails to prosecute the work on the Required Improvements, or any part thereof, with such diligence as will ensure its completion within the time specified, or any extension thereof, or fails to complete the Required Improvements within such time; if Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider’s creditors, or if a receiver should be appointed in the event of Subdivider’s insolvency; or if Subdivider or any of Subdivider’s contractors, subcontractors, agents or employees should violate any of the provisions of this Agreement. In the event of Subdivider’s default, Subdivider shall be deemed to be in breach of this Agreement and the City may serve written notice upon Subdivider and Subdivider’s surety, if any, of the breach of this Agreement. Subdivider shall have fifteen (15) days from receipt of written notice by City to cure any default.
22. Breach of Agreement; Performance By Surety or City. In the event Subdivider is in default under this Agreement, and the applicable cure period set forth in paragraph 21 has expired without such default having been cured by Subdivider, the City may thereafter deliver a notice of breach to Subdivider’s surety, if any, and such surety shall have the duty to take over and complete the work on the Required Improvements; provided, however, that if the surety within fifteen (15) days after the serving of such notice of breach upon it does not give the City written notice of the surety’s intent to take over the performance of the Agreement, or does not commence performance thereof within fifteen (15) days after notice to the City of such election, then the City may take over the work and prosecute the same to completion by contract, or by any other method the City may deem advisable, for the account and at the expense of the Subdivider, and the Subdivider’s surety shall be liable to the City for any excess cost or damages incurred by the City. In such event, the City, without liability for so doing, may take possession of and utilize in completing the work such materials, appliances, plants or other property belonging to Subdivider as may be on the site of the work and necessary therefor. The remedy provided by this paragraph is in addition to, and not in lieu of, other remedies available to the City. The City reserves to itself all remedies available to it at law or in equity for a breach of Subdivider’s obligations under this Agreement. In addition to any other remedy the City may 177
have, a breach of this Agreement by the Subdivider shall constitute consent to the filing by the City of a notice of violation against all the lots in the Subdivision. Subdivider agrees that the choice of remedy or remedies for Subdivider’s breach shall be in the discretion of the City.
If the form of improvement security is other than a bond, the City, after giving notice of breach of the Agreement, may proceed to collect against the improvement security in the manner provided by law and by the terms of the security instrument.
23. Building Permit Sign-Off or Issuance of Certificate of Occupancy. The City will not final or sign off as complete any building permit or issue any certificate of occupancy for any building constructed within Phase 1 or Phase 2 of the Subdivision as defined in Section 1 above until and after such time the City accepts the Required Improvements for the phase in which Subdivider requests Building Permit sign-off and Certificate of Occupancy.
24. Notices. All notices required under this Agreement shall be in writing, and delivered in person or sent by registered or certified mail, postage prepaid.
Notices required to be given to City shall be addressed as follows:
Community Development Director
City of West Sacramento
1110 West Capitol Ave., 2nd floor
West Sacramento, CA 95691
Notices required to be given to Subdivider shall be addressed as follows:
BlackPine 440 West, LLC
a California limited liability company
8880 Cal Center Drive, Suite 350
Sacramento, CA 95826
ATTN: Mike Paris
Any party may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address.
25. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement.
26. Attorney Fees. In the event any legal action is brought to enforce or interpret this Agreement, the prevailing party shall be entitled to an award of reasonable attorney fees, in addition to any other relief to which it may be entitled.
27. Personal Nature of Subdivider’s Obligations/Assignment. All of Subdivider’s obligations under this Agreement are and shall remain the personal obligations of Subdivider notwithstanding a transfer of all or any part of the property within the Subdivision subject to this 178
Agreement, and Subdivider shall not assign any of its obligations under this Agreement without the prior written consent of the City.
28. Acquisition and Dedication of Easements or Rights-of-Way. If any of the Required Improvements are to be constructed or installed on land not within the Subdivision or an already existing public right-of-way, no construction or installation shall be commenced before:
a. The irrevocable offer of dedication or conveyance to City of appropriate rights-of-way, easements or other interests in real property, and appropriate authorization from the property owner to allow construction or installation of the Required Improvements, or b. The issuance of an order of possession by a court of competent jurisdiction pursuant to the State Eminent Domain Law. Subdivider shall comply in all respects with any such order of possession.
Nothing in this paragraph shall be construed as authorizing or granting an extension of time to Subdivider for completion of the Required Improvements.
29. Compliance with Laws. Subdivider, its agents, employees, contractors, and subcontractors shall comply with all federal, state and local laws in the performance of the work required by this Agreement, including but not limited to obtaining all applicable permits and licenses.
30. No Vesting of Rights. Entering into this Agreement shall not be construed to vest Subdivider’s rights with respect to any change in any zoning or building law or ordinance.
31. Approvals by City. Any approval or consent that is to be given by the City under this Agreement shall be in writing, and any approval or consent that is not in writing shall not be binding on the City.
32. Construction and Interpretation. It is agreed and acknowledged by Subdivider that the provisions of this Agreement have been arrived at through negotiation, and that Subdivider has had a full and fair opportunity to revise the provisions of this Agreement and to have such provisions reviewed by legal counsel. Therefore, the normal rule of construction that any ambiguities are to be resolved against the drafting party shall not apply in construing or interpreting this Agreement.
33. Successors and Assigns -- Covenant Running With the Land. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the respective parties.
A memorandum of this Agreement shall be recorded in the Office of the Recorder of Yolo County concurrently with the final map or parcel map of the Subdivision. This Agreement shall constitute a covenant running with the land and an equitable servitude upon the real property within the Subdivision.
34. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
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35. Actions. Any action by any party to this Agreement, or any action concerning a security furnished pursuant thereto, shall be brought in the appropriate court of competent jurisdiction within the County of Yolo, State of California, notwithstanding any other provision of law which may provide that such action may be brought in some other location. The law governing this Agreement is the law of the State of California.
36. Integration. This Agreement is an integrated agreement. It supersedes all prior negotiations, representations, or agreements, either written or oral.
37. Modification. This Agreement may be amended only by a written instrument signed by the parties. Subdivider shall bear all costs of amendments to this Agreement that are requested by the Subdivider.
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IN WITNESS WHEREOF, the parties have executed this Agreement as follows:
CITY OF WEST SACRAMENTO
By:
Martha Guerrero, Mayor
ATTEST:
Jennifer Cusmir, City Clerk
APPROVED AS TO FORM:
Jeff Mitchell, City Attorney
SUBDIVIDER
BLACKPINE 440 WEST LLC,
a California limited liability company
By:_______________________________________
Michael E. Paris
Its: Operating Manager
BLACKPINE BUILDERS INC.
a California corporation
By: ____________________________________
Michael E. Paris
Its: President
NO FEE DOCUMENT per Government Code 6103
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF WEST SACRAMENTO
1110 West Capitol Ave., 3rd floor
West Sacramento, CA 95691
Attention: City Clerk
181
80 44
63 25
37 81 82 83 84 85 86 87 88 102 103 104
101 100 99
70 71
72 69
73 74 75 76 77 78
62 64 65 66 67 68
79 41
59 60
96 97 98
95 94
51 52 53 54 55 56 57 58
50 49 48 47 46 45
90 40
39 30
29 31
32 34
33 35
36 89
28 27 26
19 16 18
15 24
23 13
10 12
9 7
4 22
21 20
6 1 2
61 3
17 14
11 8
5 42
43 105
106
91 92 93
38 2
BB
BB
ATT
PMI-9
2 2
3 3
3 3
3 5
3 5
5 2
2 ATT T3
2 2
2 2
2 2
2 2
2 2
2 2
2 2
2 2
2 2 REET
"E" STREET REET
SANDHILL LANE
KESTREL LANE
RUDDY
DUCK PLACE
COWBIRD
PLACE
MUTE SWAN
PLACE NIGHT HERON LANE GREBE LANE
KINGFISHER LANE
SANDHILL LANE
KESTREL LANE KINGFISHER LANE GREBE LANE NUTHATCH PLACE 6TH STREET LOT N
LOT O LOT L
LOT F
LOT G
LOT D
LOT C
LOT M LOT J LOT E
BUFFLEHEAD
PLACE
LOT I PARK
LOT H
IMPROVEMENT PHASING EXHIBIT
EXHIBIT A
LEGEND
NEW WATER MAIN
NEW SEWER MAIN
WATER POINT OF CONNECTION
SEWER POINT OF CONNECTION
PHASE DIVISION LINE
SEWER STUB TO BE
PROVIDED WITH
PHASE 1
IMPROVEMENTS
WATER STUB TO BE
PROVIDED WITH
PHASE 1
IMPROVEMENTS
PHASE 1 PHASE 2 182
MEMORANDUM OF AGREEMENT
Four40 West
This Memorandum of Agreement is made and entered into by and between BlackPine 440 West LLC, a California limited liability company (“Developer”), and the CITY OF WEST SACRAMENTO (“City”), a municipal corporation organized and existing under the laws of the State of California, with respect to the following facts:
City and Developer hereby agree to be bound by all of the terms and conditions contained in the “Subdivision Improvement Agreement” dated _________________, the terms and conditions of which are made a part hereof as though fully set forth herein, and which Agreement controls the use and development of that certain real property, including any improvements and personal property, situated in the County of Yolo, State of California, described as follows:
Four40 West (Subdivision No.’s 5211 and 4936)
Executed on this ______ day of _________________, at West Sacramento, Yolo County, California. BLACKPINE 440 WEST LLC,
a California limited liability company
By:_______________________________________
Michael E. Paris
Its: Operating Manager
BLACKPINE BUILDERS INC.
a California corporation
By: ____________________________________
Michael E. Paris
Its: President
CITY OF WEST SACRAMENTO
Martha Guerrero, MAYOR
ATTEST:
183
Jennifer Cusmir, CITY CLERK
APPROVED AS TO FORM:
_____________________________________
Jeff Mitchell, CITY ATTORNEY
184
ACKNOWLEDGMENT
State of California )
) ss.
County of Yolo )
On ____________________ before me, ________________________, personally appeared ____________________________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY PUBLIC
185
CITY COUNCIL AGENDA REPORT
MEETING DATE: ITEM # 7
SUBJECT:
REQUEST FOR CONSIDERATION OF RESOLUTION 23-64 AUTHORIZING AN APPROPRIATION OF $661,470 FOR STRATEGIC AND CRISIS COMMUNICATIONS
CONSULTING AND OTHER COMMUNICATIONS AND PUBLIC OUTREACH
IMPROVEMENTS
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Jon Robinson, Deputy City Manager
City Manager’s Office
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action
OBJECTIVE
This report requests City Council consideration of Resolution 23-64, authorizing a budget appropriation of $661,470 for strategic and crisis communications consulting and public outreach improvements for the next two fiscal years.
RECOMMENDED ACTION
Staff respectfully recommends that the City Council approve Resolution 23-64, approving an appropriation of $661,470 over the next two fiscal years for strategic and crisis communications consulting and public outreach improvements.
BACKGROUND
At its strategic planning retreat in February 2023 the Council expressed a desire to improve the City’s transparency and community outreach, and directed staff to procure the services of professional consultants to augment the City’s crisis and strategic communications efforts.
As part of the Council’s biennial budget process, staff prepared a decision package that requested an appropriation for a set of communications-related items, including the above-referenced consultant engagement.
These requests were intended to respond to the Council’s expressed desire for a more robust communications program, and for improved transparency, outreach, and community engagement.
Unfortunately, while that decision package was presented to Council and included in the discussion at the budget workshop on May 17, 2023, and changes to the amount requested for that decision package were detailed in the final proposed budget report and presentation to Council on June 28, 2023, that decision package was inadvertently left out of the final expense budget that was approved by Council on June 28th. A full reconciliation was performed to ensure this was the only decision package inadvertently omitted from the adopted O&M budget. This report recommends Council approval of the appropriations for the strategic communications related items that were originally intended to be included in the most recent biennial budget. As staff has begun the request for qualifications (RFQ) and vendor evaluation process and has a much better idea of the potential cost for this work, the cost of the proposed actions has been updated based on staff’s initial discussions with the selected consultants.
ANALYSIS
Staff proposed a suite of measures designed to address the Council’s interest in improving the City’s communication with residents. Each of these is summarized in the table below, and discussed in more detail in the narrative that follows.
Item FY 2023-24 FY 2024-25 Total
Communications Consultants $280,000 $218,000 $498,000
Outreach Improvements 22,500 22,500 45,000
Community Engagement Software Pilot 9,000 9,470 18,470
One-Time Outreach 100,000 100,000
Total $411,500 $249,970 $661,470
Communications Consultants
Staff is proposing to engage consultants to develop strategic and crisis communications plans, and to provide on-call services to augment Community Relations staff. Due to the strong response to the City’s 186 Resolution 23-64, Communications and Outreach
August 16, 2023