CONTRACTOR
(Rank) Contractor Swierstok Enterprise Inc.,
dba Pro Builders B&M Builders Inc.
Bid $378,000 $948,340
As summarized above and based on the review and evaluation of all bids received along with required documentation, staff has determined to disqualify all bids since the bids received were higher than the construction estimate which was $279,000.
City staff will re-advertise the B Street Tower Parklet Project.
Environmental Considerations
The B Street Tower Parklet Project falls under a Class 1, and Class 2 Categorical exemption according to CEQA.
Class 1 consists of repair, maintenance or minor alteration of existing public or private structures, involving negligible or no expansion of existing or former use (Existing Facilities, Section 15301, CEQA Guidelines). Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. This project includes repairing and adjusting tower bracing, removing current art panels and signs, cleaning the existing structure, adding a small concrete slab underneath the tower and painting lower portion of the tower, which is consistent within the activities under the Class 1 and Class 2 exemption and is therefore determined to be categorically exempt under California Environmental Quality Act. A notice of exemption will be filed, if approved by Council, at the time of contract award once the project is bid again.
Commission Recommendation
The B Street Tower Parklet Project was presented as part of the North Riverwalk Trail Extension Project to multiple commissions, including the Planning, Economic Development and Housing and Parks, Recreation and Intergenerational Services (PRIS) Commissions in 2013 and 2014. It was proposed as both a circulation and park facility improvement within the Washington Realized Sustainable Community Strategy. District residents provided comments to the PRIS Commission, requesting that the Trail Extension and Parklet Projects be prioritized for completion. Each of the Commissions recommended Council approval of the improvements as part of the Washington Realized effort, which was subsequently followed through with presentations and actions.
Strategic Plan Integration
Not applicable.
Alternatives
The City Council may decide to:
1) Approve the recommended action as described above; or 2) Delay the recommended action and direct staff to return with alternative recommendations; or 3) Reject the recommended action or cancel the project.
Alternatives 2 and 3 are not recommended, as any changes or modifications to the scope of the project or the documents required to move the project forward will impact the funding and timing available. Additionally, portions of the project are already being fabricated, and additional delays may result in damage and/or additional work needed for public art installation.
Coordination and Review
This report was prepared in coordination with, and reviewed by, the Economic Development and Housing Department, Finance Department, and Community Development Department.
Budget/Cost Impact
There are no budget actions required. The B Street Tower Parklet Project (CIP 15056) was approved by Council on January 17, 2024, as part of the City’s CIP budget and sufficient funds are available to complete all recommended actions.
ATTACHMENT
None
854
CITY COUNCIL AGENDA REPORT
MEETING DATE: June 26, 2024 ITEM #7
SUBJECT:
CONSIDERATION OF AWARD OF CONTRACT TO ROYSTON, HANAMOTO, ALLEY, &
ABEY (RHAA) FOR DESIGN SERVICES FOR THE CITY HALL OUTDOOR PLAZA PROJECT (CIP 54015)
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [ X ] Staff
[ ] Other
Megan Gideon, Project Manager I
Capital Projects Department
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action
OBJECTIVE
The purpose of this report is to provide the City Council with sufficient information to award a professional services contract with Royston, Hanamoto, Alley, & Abey (RHAA) for the Design Services through the planning, design, bid, and construction phases of the City Hall Outdoor Plaza Project (CIP 54015).
RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Award a professional services contract with Royston, Hanamoto, Alley, & Abey (RHAA) in the amount not to exceed $246,739 for the City Hall Outdoor Plaza Project (54015); 2) Authorize the City Manager, or his designee, to execute a contract with Royston, Hanamoto, Alley, & Abey (RHAA) in the amount of $246,739;
3) Authorize the City Manager, or his designee, to make contract amendments up to 15% ($37,100) of the total contract value;
4) Authorize the City Manager, or his designee, to execute non-substantive changes or modifications to the contract, with approval from the City Attorney; and
5) Authorize the City Manager, or his designee, to execute amendments to extend the term of the contract, if necessary.
BACKGROUND
The City Hall Reconfiguration project was approved and funded in the FY 2019/20 budget. It was created to update and make crucial improvements to City Hall. Shortly thereafter, the COVID-19 pandemic began, prompting the City to shift from typical office-based work models to a hybrid work and flexible workspace approach. In response, the City Hall Reconfiguration project was restructured into phases. The first phase focuses on providing an outdoor plaza that would include outdoor amenities to enhance productivity by providing staff with alternative outdoor workspaces, meeting areas, and quiet spaces.
Outdoor workspaces have been found to enhance productivity, improve morale, and support overall well-being.
This provides staff with a safe and flexible environment to perform their work, as well as collaborate with other staff members. Outdoor workspaces offer additional benefits such as improved air quality, natural light, and mental health improvements. Obtaining a professional design service is essential to create a functional, yet aesthetically pleasing plaza that meets building codes, health guidelines, promotes collaboration, and supports a wide range of work styles. Ultimately, a professional design coupled with the completed outdoor space will foster a more productive and satisfied workforce.
ANALYSIS
A Request for Proposals (RFP) was advertised in the local newspaper, the news ledger, the City’s website through OpenGov, and the West Sacramento Chamber of Commerce on November 22, 2023, and proposals were due January 12, 2024. Five (5) firms submitted proposals, and RHAA was the highest ranked based on the staff evaluations and specified criteria. The proposals were evaluated and ranked by staff from the City Manager’s Office, Community Development, Finance, and the Capital Projects Department. Staff recommends awarding a professional services contract to RHAA, as this firm has extensive experience with designing commercial outdoor workspaces, plazas, and meeting areas. RHAA will lead a comprehensive team, including subconsultants for the technical disciplines required for this project. If approved by the City Council, staff will solicit bids for construction as soon as the proposed scope of work for the City Hall Outdoor Plaza Project is completed and finalized.
855
RHAA Contract Award
June 26, 2024
Environmental Considerations
This action is not subject to CEQA because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Resources Code, § 21065; CEQA Guidelines §§15060(c), 15378(a).)
Commission Recommendation
Not applicable.
Strategic Plan Integration
This project is consistent with the City of West Sacramento’s Strategic Plan Mission to provide Quality Municipal Services, Quality City Infrastructure and Facilities and to Inspire Community Improvements that add value to the lives of our residents.
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) Defer or cancel the project.
Alternative 2 and 3 are discouraged as they do not conform to the objectives of this project, which are in line with the City's commitment to enhancing diversity within its municipal workforce and management. The proposed City Hall Outdoor Plaza aims to offer supplementary benefits to staff beyond conventional compensation packages, thereby potentially enhancing staff morale, fostering greater retention rates, and increasing productivity.
Consequently, these improvements may also enhance staff capacity to deliver enhanced customer service to our residents.
Coordination and Review
This report was prepared by the Capital Projects Department in coordination with and review by the Finance Department.
Budget/Cost Impact
The design services for the City Hall Outdoor Plaza Project (CIP 54015) included in the City’s current Capital Improvement Program (CIP) has a total appropriation of $1,990,000 from the General Facilities Fund. Adequate funding currently exists within the CIP project budget for this contract award and no additional funds are being requested at this time.
ATTACHMENT
1. Royston, Hanamoto, Alley, & Abey (RHAA) Contract
856
Attachment 1
RHAA
CPC24-161 City Hall Outdoor Plaza
Expires on 12/31/25
1 5/2/24
CONTRACT FOR SERVICES
THIS CONTRACT is made on June 26th, 2024, by and between the CITY OF WEST SACRAMENTO (“City”), and Royston, Hanamoto, Alley & Abey (RHAA) (“Consultant”).
WITNESSETH:
WHEREAS, the City desires a firm to provide design services for the City Hall Outdoor Plaza project. To include but not limited to outdoor workspaces, outdoor meeting areas, landscaping, fencing or walls to provide secure access to area, and break / lunch areas.
WHEREAS, the Consultant has presented a proposal for such services to the City, dated January 12th 2024, (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 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. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, To the greatest extent permitted by law, Consultant and its employees, agents, and subcontractors shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
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Attachment 1
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CPC24-161 City Hall Outdoor Plaza
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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 “A” and terminate on December 31st, 2025.
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 (2) additional one-year extensions in the manner provided in Section 5, provided that the extension does not require the payment of compensation in excess of the Council approved budget.
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 the estimated project value $246,739.00, 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 "A".
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. 858
Attachment 1
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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:
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. The reuse of any of the materials or documents described in Paragraph 7.A by the City on any other project without the written permission of the Consultant, shall be at the City's sole risk and the City agrees to defend, indemnify and hold harmless the Consultant from all claims, damages and expenses, including attorney's fees, arising out of such unauthorized reuse by the City or by others acting through the City. The Consultant is not responsible and liability is waived by the City as against the Consultant for use by the City or any other person of any data, reports, plans or drawings not signed by the Consultant.
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. It shall be City’s responsibility to obtain all rights of way and easements to enable Consultant to perform its services hereunder.
Consultant shall assist City in providing the same.
859
Attachment 1
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CPC24-161 City Hall Outdoor Plaza
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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 "D".
9. WARRANTIES AND RESPONSIBILITIES - CONSULTANT:
A. Consultant agrees and represents that it is qualified to properly provide the services set forth in Exhibit “A” in a manner which is consistent with the generally accepted standards of Consultant’s profession.
B. Consultant agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law in accordance with Section 17A hereof.
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, 860
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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.
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 861
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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 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 $1,000,000.00 per occurrence and $2,000,000 general and products/completed operations aggregates. 862
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CPC24-161 City Hall Outdoor Plaza
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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 $1,000,000.00 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. 863
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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.
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
1110 West Capitol Avenue
West Sacramento, CA 95691
Consultant: Royston, Hanamoto, Alley, & Abey (RHAA)
Attention: Manuela King, Principal in Charge
225 Miller Avenue
Mill Valley, CA 94941
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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
Royston, Hanamoto, Alley, & Abey (RHAA)
By: ___________________________
Manuela King, Principal-in-Charge
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EXHIBIT A
Consultant’s Proposal
867
RFP 23-082
City Hall Outdoor Plaza Work Space
January 12, 2024
West Sacramento, California
Manuela King | RHAA Landscape Architecture + Planning |[email protected] | 415360.2845 225 Miller Avenue, Mill Valley, CA 94941 | www.rhaa.com Landscape
Architecture
& Planning
868
CONTENTS
META DUMBARTON CAMPUS | FREMONT
03 /Section 3.2 Proposal Transmittal Letter
04 / Proposer’s Contact Information
05 / Conflict of Interest Statement
05 / City Contract Terms
05 / Subconsultants
05 / Statement of Offer / Signature and Authority
08 /Section 3.3 Proposer’s Mandatory Qualifications and Experience 09 / Organization
09 / Experience
12 / Public Agency Experience
17 / Personnel
26 / References
31 / Local Benefit, History, Legal Challenges, & Fiscal Viability 32 / Business License
33 /Section 3.4 Technical Project Approach
34 / Project Approach
36 / Work Plan
39 /Schedule
40 /Section 3.5 Cost Proposal
41 / Team Fee Summary
42 / Team Rate Tables
NA /Section 3.6 Cost Proposal using Electronic Pricing Table - in portal only / RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 2
869
3.2 Proposal Transmittal Letter
ONE BEACH STREET | SAN FRANCISCO
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 3
870
January 12, 2024
Christopher Dority
Project Manager I
1100 West Capital Ave
West Sacramento, CA 95691
Re: RFP 23-082 City Hall Outdoor Plaza Work Space
Dear Selection Committee,
OPPORTUNITY, PROJECT UNDERSTANDING, AND APPROACH
The creation of a new outdoor work space adjacent to City Hall will provide workers with a safe and accessible outdoor space for everyday use and relaxation. The space will be protected from the elements and feature work stations and seating to support as many as 100 workers in addition to community gatherings and events. The space will also demonstrate habitat-supporting, and drought-tolerant landscaping that provides beauty and shade.
Through discussions with City staff, we will seek to build a strong understanding of the needs and values of the site’s users. After preparing a site survey and site analysis, we will develop 3 concept alternatives addressing design themes, site layout, program and uses, and options for planting and materials. We will meet together with project staff and users to share sketch illustrated concept plans; plant, material, and furnishings image boards, and material samples. Costing for each concept and material choice will be provided to help establish a project budget and identify priorities.
With this feedback and direction from the City’s project manager, we will further develop the plans through a Design Development drawing set. The Design Development set will provide the City with another opportunity to comment before drawings are finalized as 100% Construction Documents. 100% Construction Documents will be submitted for permitting, and revised, if necessary, based on permit comments, and re-issued for the City’s use in bidding-out the project to a construction contractor. We will support the City through the construction process by responding to contractor’s questions, reviewing submittals and change order requests, and providing construction observation reporting through site visits.
Our base scope assumption is that the pergola / shade structure would either be a modular, prefabricated structure or a custom designed structure. If a custom designed structure is desired, RHAA will work with the City to develop the design and structural engineering will be provided by MAR Structural Consultants. However, if the City desires an Architectural consultant to be part of this team, we have provided an Optional Additional Scope that includes our Architectural partner WRNS. We are happy to work with you to refine the scope to best meet your needs.
RHAA TEAM
RHAA Landscape Architects and Planners brings more than 60 years of experience in creating and revitalizing a wide variety of outdoor spaces that serve the needs of their communities. Our workplace projects provide places for workers to rest, recreate, and recharge as well as to gather, dine, and celebrate. RHAA is particularly known for its contextual, collaborative, and client-responsive design. RHAA is particularly experienced in working with public agency clients through the design, construction, and construction support process to deliver high-quality publicly-bid projects that meet agency budgets and contracting requirements. Manuela King, will serve as Principal-in-Charge, responsible for the overall project leadership and will be your primary point of contact for contracting, overseeing stakeholder meetings, and providing QA/QC [[email protected] / 415.360.2845]. Kendra Manning, Senior Associate, will serve as the Project Manager, managing project schedule, deliverables, and team coordination. Kendra will be your day-today contact [[email protected] / 415.360.2869].
Transmittal Letter
Main Office
225 Miller Avenue,
Mill Valley, CA 94941
San Francisco Office
323 Geary Street, #602
San Francisco, CA 94102
rhaa.com
415.383.7900
Landscape
Architecture
& Planning
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 4
871
Manuela King, President, Landscape Architect CA #3271
[email protected] | 415.360.2845
SUBCONSULTANT TEAM
Assisting us is an exceptional team of specialist consultants to address all needs of the project:
• BKF Engineers – Civil Engineering and Surveying
- U.S. Bank Plaza, 980 9th St #2300, Sacramento, CA 95814 | 916.556.5855 | [email protected] • MAR Structural – Structural Engineering
- 2332 5th Street, Suite D, Berkeley, CA 94719 | 510.990.0601 | [email protected] • O’Mahony & Myer - Electrical Engineering
- 4340 Redwood Highway, #245, San Rafael, CA 94903 | 415.717.6120 | [email protected] • Blackburn Consulting - Geotechnical Engineering
- 2491 Boatman Avenue, West Sacramento, CA 95691 | 916.375.8706 | [email protected] • JR Conkey – Cost Estimating
- 735 Sunrise Ave., Suite 200, Roseville, CA 95661 | 408.489.8853 | [email protected] • WRNS Architects - Architectural Design
- 501 2nd Street, Suite 402, San Francisco, CA 94107 | 415.489.2238 | [email protected] Our team has long-working relationships together in developing similar projects and we will function as an integrated whole to provide efficient services.
CONFLICT OF INTEREST STATEMENT
RHAA and our subconsultant team does not have any conflict of interest that would affect our work on the West Sacramento City Hall Outdoor Work Space.
CITY CONTRACT TERMS
We have reviewed the Master Services Agreement, and take no exception. We also confirm that we meet the insurance requirements listed in the RFP. RHAA’s DIR number is PW-LR-1000799839.
STATEMENT OF OFFER & SIGNATURE AND AUTHORITY
We have reviewed our project schedules and workload and confirm that we are available to commit to your project and schedule. We will work with you to refine a project scope, fee, schedule, and process as needed to best suit your needs.
We look forward to discussing your project and developing and implementing the vision for the City Hall Outdoor Work Space that serves the needs of your staff. As President of the firm (see Letter on page 6), I am authorized to sign this letter and bind our offer to complete the Scope of Work, including the Cost Proposal rates and budget, which remains valid for at least ninety (90) business days after the submission.
Sincerely,
ROYSTON, HANAMOTO, ALLEY and ABEY
Transmittal Letter
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872
January 11, 2024
To Whom It May Concern:
The following is a list of Shareholders, Owners and Officers of Royston, Hanamoto, Alley and Abey as of the above date. Any and all of them can sign contracts or other legal documents on behalf of the Corporation.
Manuela King, President and CEO
Barbara Lundburg, Vice President, CFO and Corporate Treasurer Jimmy Chan, Vice President and Corporate Secretary
Nathan Lozier, Vice President
Please contact me at the telephone number listed below or by e-mail at [email protected] should you need additional information.
Parabar Weber, Controller
Transmittal Letter
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 6
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EXISTING CONDITIONS
Transmittal Letter
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 7
874
3.3 Proposer’s Mandatory
Qualifications and Experience
META DUMBARTON CAMPUS | FREMONT
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 8
875
Organization & Experience
Organization & Experience
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 9
RHAA is a Bay Area-based landscape architecture and planning practice with experience in a broad range of project types, scales, and delivery methods. Throughout our 60+ year history, RHAA has held a commitment to creating places that enrich the fabric of their communities. Our 28-person landscape architecture and planning firm, with offices in San Francisco and Mill Valley, has the capability to assist in multiple large projects with tight deadlines.
RHAA has developed particular expertise in working with local, state and federal agencies and their staff, in conducting public meetings and community workshops, in managing multidisciplinary teams, in meeting construction budgets and management requirements, and in preparing construction documents. We specialize in a collaborative design and visioning process that engages clients and stakeholder groups with the design team – creating a dialogue where the needs and opportunities of the project are explored. We use sketches, drawings, and 3D computer models to help clients envision design ideas, and we prepare detailed design and construction documents that bring these visions to reality.
Sustainable Practices
RHAA has a long history of environmental stewardship and a holistic design vision. Our goal is to let the context – the site and its user community – speak for itself. This often means reusing existing materials, focusing on native or drought tolerant plants materials, minimizing use of impervious paving, utilizing materials from sustainable sources, use of recycled building products, bioswale drainage systems as well as understanding and realizing the full potential of the site. We have the ability to participate in developing strategies to cut operating costs, and incorporate energy efficiency into sustainable design criteria. We understand sustainability also includes the effort involved in maintaining a landscape. These sustainable elements in themselves help to reduce operational costs of our projects. Our goal is to create elegant, functional and low maintenance landscapes that make a statement with a small “footprint”. Maintenance issues are addressed early in our design process and are incorporated throughout the design.
Range of Services / In-house
Capabilities:
• Site Assessments
• Park Planning, Programming & Design
• Community Facilitation
• Conceptual Design and Renderings
• Construction Design Documents
• Construction Support
• LEED & SITES AP, CPSI, ReScape
Qualified and CPTED-trained Staff
Staffing:
• 12 Licensed Landscape Architects
• 10 Landscape Designers/Technicians
• 6 Administrative Support Staff
Contact:
Principal-In-Charge: Manuela King
[email protected] | 415.360.2845
Office Performing the Work:
225 Miller Avenue
Mill Valley, CA 94941
Legal Status:
RHAA is a California corporation in
business since 1958. Incorporated
in1967.
Legal Name:
Royston Hanamoto Alley & Abey
Tax Id Number:
94-1649892
60 +
YEARS IN BUSINESS
HP TECHNOLOGY CAMPUS | PALO ALTO
876
Quinn Uesugi
Scotty Shoemaker
Ming Chi
Michael Yu
Harriet Zhu
Carmela Sambo
Jose-Miguel Ubilla
Momo Chen
Olivia Hansberg
Rio Vargas
Tanvi Shah
Alyssa Gill
Manuela King
President
Barbara Lundburg
Vice President
Treasurer
Jimmy Chan
Vice President
Operations/Secretary
Nathan Lozier
Vice President
Douglas Nelson Principal Emeritas
James Ingels Principal
Megan Dale Senior Associate
John Martin, LEED AP Senior Associate
Urmila Venkat Senior Associate
Kendra Manning, LEED Green Associate Senior Associate
Kossen Miller Senior Associate
RHAA BOARD OF DIRECTORS
ASSOCIATES
RHAA PROJECT DESIGNERS
Jules Schaafsma Marketing Director / Senior Associate
Parabar Weber Controller
Ana Adams Project Accountant
Nels Berg IT Administrator
Jennifer England Accounting Assistant
Kathy Lundburg Bourdet Office Manager
RHAA Firm Organization
GOOGLE “NOOGLER” BUILDING OUTDOOR WORKER SPACE | MOUNTAIN VIEW Organization & Experience
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 10 877
Organization & Experience
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 11 Civic Administration Building Projects:
• San Pablo City Hall | San Pablo
• Novato City Administration Building | Novato
• South San Francisco City Hall Improvements | South
San Francisco
• Sunnyvale Civic Center | Sunnyvale
• Marin Civic Center | San Rafael
Libraries:
• Hayward Library and Heritage Plaza | Hayward
• Half Moon Bay Library | Half Moon Bay
• Library and Community Center Study | San Rafael
• Belvedere Tiburon Library | Belvedere
• San Mateo Library | San Mateo
• Rohnert Park Library | Rohnert Park
• Corte Madera Library Garden | Corte Madera
• Walnut Creek Library | Walnut Creek
• Atherton Library | Atherton
• Maidu Park Library | Roseville
• Watsonville Freedom Branch Library | Watsonville
• Morgan Hill Library & Civic Center | Morgan Hill
• Carmichael Library | Carmichael
• Fairfield Suisun Library | Fairfield
• Santa Clara County Library | Santa Clara
• American Canyon Branch Library | American
Canyon
• Manteca Library | Manteca
• Marina Library | Marina
• Seaside Library Master Plan | Seaside
• Woodland Branch Library | Woodland
• Cañada College Library | Redwood City
• Cal State University, Stanislaus Library
• UC Berkeley Moffitt Library | Berkeley
• Stanley Mosk State Library & Courts Building |
Sacramento
Fire Stations and Public Safety Centers:
• Coastside Fire Station #41| Half Moon Bay
• Pleasanton Fire Station #2 | Pleasanton
• Pleasanton Fire Station #3 | Pleasanton
• Fresno Fire Station | Fresno
• Vacaville Fire Station | Vacaville
• Skylonda Fire Station | Woodside
• San Ramon Fire Station #34| San Ramon
• San Ramon Public Safety Center | San Ramon
• San Ramon Fire Training Facility | San Ramon
• Butterfield Fire Station | Morgan Hill
• Sac Metro Fire Station, Bradshaw Rd | Sacramento
• Los Altos Police Station | Los Altos
• Palo Alto Fire Station | Palo Alto
Community Centers:
• Community Complex Master Plan | Patterson
• Community Center & Washington Park | Burlingame
• Prewett Park Community Center | Antioch
• Helms Community Center | San Pablo
• Delano Aquatic Center & Park | Delano
• Center for Community Life | Marin City
• Millbrae Community Center Rebuild | Millbrae
• Roseville Community Center | Roseville
• Barbara Lee Senior Center | Milpitas
Corporate Workplace Projects:
• Meta Dumbarton Campus | Fremont
• Google Ellis Campus | Mountain View
• Goole “Noogler” Building | Mountain View
• Google Java Campus | Sunnyvale
• Tesla Green Roof Patio | Palo Alto
• HP Campus | Palo Alto
• Rosewood Commons | Pleasanton
• One Beach Street | San Francisco
• Applied Materials Campus | Sunnyvale
• Cadence Systems Campus | San Jose
• Intel RNB Experience | Santa Clara
• Yahoo Campus | Santa Clara
• Commonwealth | Sunnyvale
• Intuitive Surgical | Sunnyvale
• Genentech Campus Phase 1 & 2 | Vacaville
• Bishop Ranch Park | San Ramon
• LBNL Seismic Phase 2 | Berkeley
• LBNL Solar Energy Research Center | Berkeley
• LLNL S300 Building | Livermore
• LLNL Emergency Operations Center | Livermore
• LLNL NIF Front Entry | Livermore
• LLNL NIF Campus Master Plan | Livermore
• LLNL Terrascale Computing Facility | Livermore
• Sandia National Laboratory | Livermore
• SLAC Building & Site Design Guidelines | Menlo Park
• SLAC RSB and IM Building 52 | Menlo Park
• Concord Re-Use Project | Concord
• Visa Patio | Foster City
• Mens Warehouse | Fremont
Public Utility Company Projects:
• PG&E Davis Facility Project | Davis
• PG&E Livermore Service Center | Livermore
• PG&E Ukiah Facility | Ukiah
• PG&E Richmond Perimeter Planting | Richmond
• PG&E Beale Street | San Francisco
• Sonoma County Fleet Building | Santa Rosa
• Contra Costa Water District Admin Bldg | Concord
• North Coast Water District Admin Bldg | Pacifica
• Union Sanitary District Admin Bldg | Union City
RHAA Select Project Experience
878
Public Agency Experience
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 12 RHAA Public Agency Experience
RHAA has extensive experience working with public agencies at the Federal, State, County and City level. We understand the goals and mandates of agencies to see projects through completion. We also work within the limitations of budget, time, staffing and other potential issues that affect the design and process for public projects. We respect and understand the issues involving balancing the different needs of various agencies to achieve the best project for everyone.
The participation of potential users and stakeholders is the foundation and lifeblood of any public project. Our approach to public participation is to create an integrated process where all stakeholders come to the table and find consensus around thoughtfully developed alternative scenarios. We will work with the City of West Sacramento staff and stakeholders to generate the ideas and priorities for the project’s preferred plan. Through this process we will first establish a common set of goals from which final policies, plans, and programs are developed.
RHAA has been working with the City of West Sacramento since November 2018 on the West Sacramento Riverwalk Trail Project. We have enjoyed collaborating with the City and look forward to continuing this partnership.
SELECT PUBLIC AGENCY PROJECT REFERENCES
West Sacramento Riverwalk WEST SACRAMENTO, CA
RHAA was commissioned by the City of West
Sacramento to develop designs for the portion of
the Sacramento River waterfront in the 10-acre
River Walk linear park in the Bridge District. The site features a pedestrian and bicycle path on the crown
of the levee. The City was looking for innovative
public space designs to activate the waterfront as it
transitions to mixed use urban scale development.
RHAA developed multiple alternatives that included a
river ‘swing’ garden, an outdoor bocce center, a plaza
focused on a Burning Man sculpture, a dog agility
course, hammock groves, café kiosks, restored habitat
planting, nature play areas and a river terrace theater.
Project Timeline:
2018 — 2020
Project Team:
RHAA: Manuela King (Principal-In-Charge) + Kendra
Manning (Project Manager)
WRNS Architects
BKF Engineers
Client Reference:
Katie Yancey
Community Investment Manager
City of West Sacramento
[email protected]
916.617.4535
879
Public Agency Experience
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 13 RHAA developed a master plan and implemented construction documents for the central park in Hayward. The park was the part of the historic home of Don Guillermo Castro. The City’s library was located in the center of the park. A new library was constructed across the street from the park and the park was redesigned once the existing library was removed. An extensive community outreach process was part of the scope including three community meetings, one of which was held at a local farmer’s market. Park features include a large central event lawn with a stage, special paving for food trucks and event tents, a historic commemorative area, a children’s garden, a street plaza, gateways and multiple gathering areas. The site contained 40 species of rare and mature trees. The master plan proposed developing the site as an arboretum, supplementing the existing forest. The basement of the demolished library is used to hold a number of large cisterns that capture rainwater from the adjacent library and parking structure for use as irrigation.
The park became fully accessible to everyone in the community, with all spaces being ADA accessible, welcoming to everyone and creating a sense of safety for all. The project is targeting LEED Platinum /Zero Net Energy certification.
Awards: 2023 ASLA NCC Chapter Merit Award + 2023 AIA California Award for “Design for Integration” Project Timeline: Jan 2014 — July 2021
Project Team: RHAA: Manuela King (Principal-In-Charge) + Kendra Manning (Project Designer) Client Reference: Kevin Briggs, Project Manager, City of Hayward | [email protected] | 510.583.4760 Hayward Library and Heritage Plaza HAYWARD, CA
880
Public Agency Experience
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 14 The Central Subway Project extends San Francisco
Municipal Transportation Agency’s (SFMTA) Third
Street Light Rail project. The project provides a direct north-south transit link between the Bayview and
Mission Bay areas north to SoMa, Union Square, and
Chinatown. RHAA worked with Kwan Hemni architects
on the design of the public outdoor open spaces and
plaza at the Chinatown Station. The design process
included input from Chinatown’s community and
active collaboration with the design, engineering and
construction teams. The station provides a valuable
open space for both residents and visitors in the most
densely populated urban area west of Manhattan.
The design elements include internally lit terraced
seating, a custom metal trellis, public art elements and sculptural seating elements.
Project Timeline: August 2014 — November 2022
Project Team: RHAA: Manuela King (Principal-In-Charge)
Client Reference: Wyman Lee, Resident Engineer, San
Francisco Municipal Transportation Authority (SFMTA)
415.638.3762 | [email protected]
RHAA worked closely with the City of Belvedere to
create a new vision for their existing community
playground. The new design utilizes existing play
structures, that were beloved by the community, as
anchors for a new nature and nautical themed play
space. The design seeks to acknowledge Belvedere’s
bay-edge location by drawing on nautical themes
such as sea creatures, waves, and boats.
RHAA designed a custom shade structure to mimic sails
on a boat, creating a shady respite for younger children and caregivers.
Project Timeline: October 2020 — August 2022
Project Team: RHAA: Manuela King (Principal-In-Charge) + Kendra Manning (Project Manager)
BKF Engineers
Client Reference: Robert Zadnik, Public Works Director, City of Belvedere | 415.606.1596 | [email protected] Chinatown Central Subway Station Plaza SAN FRANCISCO, CA Belvedere Playground BELVEDERE, CA
881
Public Agency Experience
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 15 Working alongside the San Francisco playground
initiative Let’sPlaySF!, RHAA redesigned the children’s playground in the iconic Panhandle. RHAA’s work on
the Panhandle playground contributed to a larger
initiative by the City to renovate 13 of the current
playgrounds most in need of safety and design
improvements. RHAA oversaw the project from design
and public outreach through construction. Working
with the City Recreation and Parks Department, RHAA
developed an outreach plan that included multiple
focus groups, workshops and social media outreach
to get as much input as possible. The resulting
playground is listed on some websites as one of the 10
best playgrounds in the United States. It is very actively used and has become the pride of the neighborhood
and the park department.
Project Timeline: July 2017 — November 2019
Project Team: Manuela King (Principal-In-Charge) +
Kendra Manning (Project Manager)
Client Reference: Cara Ruppert, Project Manager
San Francisco Recreation and Park Department
415.581.2547 | [email protected]
RHAA, along with COAR design Group, worked closely
with the City of Delano to create a vision for a new
community park that is intended to complement an
existing community center and new aquatic park. The
park provides an extension of the existing community
center with the addition of a new public plaza for
events, a large outdoor nature play area for the children and a flexible lawn with a flush stage to host a range
of events and community functions. An exterior walking
path connects into the community center, and aquatic
park, eventually connecting into a neighborhood
walking trail. The project is currently in construction.
Project Timeline: May 2018 - Ongoing
Project Team: RHAA: Manuela King (Principal-In-Charge) + Kendra Manning (Project Designer)
Client Reference: Roman Dowling, PE, Public Works Director/ City Engineer, City of Delano
661.721.3380 | [email protected]
Panhandle Playground SAN FRANCISCO, CA
Delano Aquatic Center & Park DELANO, CA
882
Public Agency Experience
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 16 RHAA is working with XL Construction and
Gensler Architects on a new campus entry and
Student Success Center at City College of San
Francisco’s main campus. The project approach
is focused on providing universal access to all,
improving campus connections and wayfinding,
and providing spaces for students, faculty and
visitors that supports the College’s mission.
RHAA is providing design support services from
Schematic Design through Construction and is
working in close collaboration with the DesignBuild team to develop a site design within the parameters of the project budget and timeline.
Project Timeline: July 2020 — Ongoing
Project Team: Manuela King (Principal-In-Charge)
Client Reference: Alberto Vasquez, Office of Facilities and Capital Planning | City College of San Francisco
[email protected] | 415.239.3055
The Bateson Building project is the 1st state-run progressive design-build project. As the landscape architectural consultant, RHAA has been actively part of this first of its kind, state project and contributed to delivering an on budget GMP. The Bateson building site is being rehabilitated to maintain and enhance existing functionality and overall appearance, with an emphasis on cohesion. The landscape improvements focus on accommodating pedestrian traffic and allowing space for use and enjoyment by building occupants.
Re-establishing cohesion at the building exterior is the basis of the landscape design approach. Paving in the north/ east and south/west plazas will be replaced to enhance the original design intent. Brick banding at these plazas that align with the building columns will be repaired and installed, where missing, to enhance the plazas cohesion with the building.
Project Timeline: July 2021 - Ongoing
Project Team: RHAA: Manuela King (Principal-In-Charge) + Kendra Manning (Project Manager) Client Reference: Jenny Li, California Department of General Services (DGS) | [email protected] | 916.206.3264 CCSF Student Success Center SAN FRANCISCO, CA
Gregory Bateson Building SACRAMENTO, CA
883
Personnel
Project Team Organization
RHAA LANDSCAPE ARCHITECTURE + PLANNING
Manuela King, PLA, LEED AP
Principal-In-Charge
Kendra Manning, PLA, LEED Green Associate
Senior Associate, Project Manager
Design Support Staff
STAKEHOLDER
ENGAGEMENT
City of West Sacramento
BKF ENGINERS - CIVIL ENGINEERING/SURVEYING
James McCurdy, PE - Principal-In-Charge
MAR STRUCTURAL - STRUCTURAL ENGINEERING
Gordon Yagisawa, SE, Principal / Partner
O’MAHONY & MYER - ELECTRICAL ENGINEERING
Pieter Colenbrander, PE, LEED AP, Principal-In-Charge
BLACKBURN CONSULTING - GEOTECHNICAL ENGINEER
David J. Morrell, PE,GE, Senior Geotechnical Engineer
JR CONKEY - COST ESTIMATING
Jeff Threet, LEED AP, Senior Cost Estimator
WRNS ARCHITECTS - ARCHITECTURAL DESIGN
Pauline Souza, FAIA, LEED Fellow, WELL AP, LFA
Partner, Director of Sustainability
MECHANICAL ENGINEER - Consultant TBD
Consultant Team
As-Needed
Consultants
RHAA Landscape Architects will coordinate all work of the team, keep the project on schedule, and monitor the project budget. RHAA will also be responsible for the overall design of the outdoor work space. We place a high degree of importance on our existing working relationships in selecting our team members needed to provide all required disciplines for the project. We have many years of collaboration with most of our design team members and that will result in a smooth process for the project. From RHAA, Manuela King will serve as Principal-In-Charge overseeing the design process, as well as supervising quality control. Kendra Manning, Senior Associate (415.360.2869; kendra. [email protected]), will be the Project Manager and your primary contact, managing project schedule, deliverables, and team coordination. Our 28-person landscape architecture design and planning firm additionally has the capability to support the team as needed.
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 17 884
Personnel
Education:
• University of Oregon, M.L.A.
• University of Oregon, B.L.A.
• Pennsylvania State University, B.S.
Registration:
• Landscape Architect,
State of California #3271
• LEED Accredited Professional
US Green Building Council
Association:
• American Society of
Landscape Architects
• Board Member, AIA
• Trustee, Marin Horizon School, 2001–2006
• Chair, Beautification and Streetscapes
Advisory Committee, Union Square
Alliance, San Francisco
• Board Member, Union Square
Foundation, San Francisco
• Member, Lamda Alpha International
Years of Experience:
• 38 years at RHAA
• 38 years in the industry
Contact Information:
• [email protected]
• 415.360.2845
Landscape Architect, LEED AP
Principal-In-Charge
As a Principal in the firm, Manuela King has been instrumental in the design of a wide variety of high-profile projects.
These include corporate campus design, urban design and planning, park and recreation planning, residential design, and commercial and professional facilities. Her interests include the relationship between art, architecture, landscape architecture and contemporary urban design. She is a strong advocate of sustainable design in all her projects. Over her time with the firm, her work has expanded to include many international projects, including work in Chile, Taiwan, Malaysia, Israel, Korea, the Philippines, China, Australia and Japan.
Manuela A.
King
Qualifications Selected Project Experience
WEST SACRAMENTO, CALIFORNIA
West Sacramento Riverwalk & Trail
SACRAMENTO, CALIFORNIA
Gregory Bateson Building
SACRAMENTO, CALIFORNIA
Sacramento Railyards Lot 12
HAYWARD, CALIFORNIA
Hayward Library and Heritage Plaza
SAN FRANCISCO, CALIFORNIA
Chinatown Central Subway Station
SAN FRANCISCO, CALIFORNIA
Panhandle Playground
BELVEDERE, CALIFORNIA
Belvedere Playground
DELANO, CALIFORNIA
Delano Aquatic Center and Park
SUNNYVALE, CALIFORNIA
Google Java Campus
SUNNYVALE, CALIFORNIA
Applied Materials Arques Campus
Master Plan, R&D Bldg and Garage
SAN FRANCISCO, CALIFORNIA
One Beach Street
SUNNYVALE, CALIFORNIA
Intuitive Surgical New Campus
SANTA CLARA, CALIFORNIA
Santa Clara Valley Medical Center
Behavioral Health Center
SAN FRANCISCO, CALIFORNIA
CCSF Student Success Center
SAN JOSE, CALIFORNIA
Cadence Design Systems Campus
SUNNYVALE, CALIFORNIA
Verizon Oath
SUNNYVALE, CALIFORNIA
1389 Moffett Park Drive
SAN JOSE, CALIFORNIA
250 Stockton Office Tower
PALO ALTO, CALIFORNIA
762 San Antonio Road
LIVERMORE, CALIFORNIA
LLNL Emergency Operations Center
LIVERMORE, CALIFORNIA
LLNL Exascale Facility
MOUNTAINVIEW, CALIFORNIA
Google Ellis
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 18 885
Education:
• Victoria University of Wellington,
Wellington, New Zealand
Masters in Landscape Architecture
• Victoria University of Wellington,
Wellington, New Zealand
Bachelor of Architectural Studies
Registration:
• Landscape Architect
State of California #6675
• Certified Playground Safety Inspector
(CPSI)
• ReScape Qualified Professional
• LEED Green Associate
Years of Experience:
• 7 years at RHAA
• 10 years in the industry
Contact Information:
• [email protected]
• 415.360.2869
Kendra
Manning
Landscape Architect, CPSI, LEED Green Associate
Senior Associate, Project Manager
Kendra’s passion lies in working with communities to create meaningful, beautiful spaces responsive to their needs and to the needs of the environment. She has experience managing a wide range of projects across scales including technology campuses, education, public spaces and playgrounds. Kendra’s rapport with clients, communities, consultants, and construction teams makes space for positive, collaborative, and creative engagement throughout the design and construction process.
Her understanding of environmental and social influences complements her sound construction knowledge, resulting in highly successful projects. Kendra believes that each project offers a unique opportunity to positively enhance our world and this concept drives every aspect of her work.
Qualifications Selected Project Experience
WEST SACRAMENTO, CALIFORNIA
West Sacramento Riverwalk & Trail
SACRAMENTO, CALIFORNIA
Gregory Bateson Building
SACRAMENTO, CALIFORNIA
Sacramento Railyards Lot 12
SAN FRANCISCO, CALIFORNIA
Panhandle Playground
BELVEDERE, CALIFORNIA
Belvedere Playground
DELANO, CALIFORNIA
Delano Aquatic Center and Park
SUNNYVALE, CALIFORNIA
Google Java Campus
SUNNYVALE, CALIFORNIA
Applied Materials Arques Campus
Master Plan, R&D Bldg and Garage
SAN FRANCISCO, CALIFORNIA
One Beach Street
SUNNYVALE, CALIFORNIA
Intuitive Surgical New Campus
SANTA CLARA, CALIFORNIA
Santa Clara Valley Medical Center
Behavioral Health Center
SUNNYVALE, CALIFORNIA
Verizon Oath
SUNNYVALE, CALIFORNIA
1389 Moffett Park Drive
SAN JOSE, CALIFORNIA
250 Stockton Office Tower
PALO ALTO, CALIFORNIA
762 San Antonio Road
LIVERMORE, CALIFORNIA
LLNL Emergency Operations Center
LIVERMORE, CALIFORNIA
LLNL Exascale Facility
CLOVERDALE, CALIFORNIA
2nd Street City Park
FRESNO, CALIFORNIA
State Center Community College
Facilities Master Plan
Personnel
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 19 886
Personnel
Education:
• Bachelor of Science, Civil Engineering,
Pennsylvania State University
Registration:
• Professional Civil Engineer, CA No.
64850
• Professional Civil Engineer, NV No.
028192
Affiliations:
• American Society of Civil Engineers
Years of Experience:
• 22 years at BKF
• 25 years in the industry
James
McCurdy
P.E., Principal-In-Charge
James has over 25 years of civil engineering experience, has worked on numerous projects throughout northern California. He has provided project management for various types of projects including healthcare, educational campuses, residential and commercial development, correction and rehabilitation facilities, roadways and public utilities. Involvement in diverse projects has allowed him to acquire extensive knowledge of accessibility, utility design, grading and drainage and storm water quality implementation, as well as an understanding of various local and state municipalities and agencies.
Qualifications Selected Project Experience
Projects Teamed with RHAA
- West Sacramento Riverwalk, West Sacramento
- Sacramento Historic City Cemetery Master Plan, West Sacramento - Yosemite Indian Cultural Center, Yosemite National Park - Maintenance Facility and Visitor Stations, Pinnacles National Park City of West Sacramento
- Garden Neighborhood Park, West Sacramento
- Municipal Corporate Yard, West Sacramento
- Heritage Oaks Park, West Sacramento
County of Sacramento
- Rio Cosumnes Correctional Center, Sacramento
- Office of Education - Admin Building & Site Improvements, Sacramento - Youth Detention Facility Sports Field and Racing Track, Sacramento City of Sacramento
- Oak Park Gymnasium & Multi-Purpose Building, Sacramento - Fire Station 14, Sacramento
- Airfield Park Phase 1, Sacramento
- Sacramento Citywide Pool Assessment, Sacramento
- Sacramento Historic City Cemetery, Sacramento
- Sutters Landing, Sacramento
- Olympians Park, Sacramento
Civil Engineering / Surveying
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 20 887
Personnel
Structural Engineering
Education:
• Bachelor of Science, Civil Engineering,
University of California at Berkeley
License:
• S.E. California: S6219
Years of Experience:
• 6 years at MAR
• 22 years in the industry
Contact Information:
• Gordon.Yagisawa@
marstructuraldesign.com
• (510) 991-1101
Gordon
Yagisawa, SE
Prinicipal-in-Charge, Partner
Role: As Principal-in-Charge, Gordon will attend all design meetings and oversee the quality of the structural design. He will also oversee all coordination, analysis, and the production of structural deliverables.
Gordon strives to deliver thoughtful and cost-effective structural designs while employing sustainable, environmentally friendly solutions.
His experience encompasses a variety of projects, ranging from custom single-family homes to large multistory buildings, and from vintage building renovations to new construction. His specialty is designed multi-unit housing in concrete, wood, and metal stud. His work with modular and prefab construction is ideally suited to his versatility, keen eye for detail, and systematic design approach.
Gordon deftly navigates between the overall vision and detailed execution of every project he manages. This perspective allows him to detect key challenges early in the design, and then work collaboratively to troubleshoot and deliver practical and cost-effective solutions. This ability is crucial for public-facing facilities where limited construction access, timeline, and sequencing are commonly encountered.
Qualifications Selected Project Experience
GROVELAND, CA
Berkeley Tuolumne Camp Redesign
and Reconstruction*
MILL VALLEY, CA
Marin Horizon School Playground
Renovation*
SAN ANSELMO, CA
San Anselmo Creek Park*
BERKELEY, CA
City of Berkeley Fire Department
Warehouse Renovations
BERKELEY, CA
UC Berkeley Greek Theatre Facility
Buildings Expansion
SAN FRANCISCO, CA
600 7th Street Affordable Housing
SAN FRANCISCO, CA
Hunters Point Shipyard Blocks 52 & 54
SAN FRANCISCO, CA
Sunnydale Block 3 Affordable
Housing Buildings
SAN FRANCISCO, CA
Balboa Park Upper Yard Family
Housing
SAN FRANCISCO, CA
Casa Adelante Affordable Senior
Housing
BERKELEY, CA
1717 University Co-Living
Development
SAN FRANCISCO, CA
333 Valencia Voluntary Seismic
Retrofit
PALO ALTO, CA
Congregation Kol Emeth Synagogue
* Projects teamed with RHAA
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 21 888
Personnel
Education:
• Bachelor of Science in Electrical
Engineering, California Polytechnic
State University, San Luis Obispo, CA
Registration:
• Registered Professional Engineer in
States of California, # E14738 (1995)
• LEED Accredited Professional
• Member, National Fire Protection
Association (NFPA)
Years of Experience:
• 32 years at O’Mahony & Myer
• 38 years in the industry
Pieter
Colenbrander
P.E., LEED AP
Principal, Electrical Engineering
Pieter Colenbrander is a licensed professional engineer with over 35 years of experience in the field. Pieter has served as electrical principal-in-charge and project manager for hundreds of construction projects. His experience includes many Municipal and Park projects. On the proposed project, Pieter would serve as electrical principal-in-charge and project manager and would be responsible for the electrical engineering and specification of the lighting and electrical power systems. Pieter is well versed in sustainable design practices and is a LEED Accredited Professional.
Qualifications Selected Project Experience
SOUTH SAN FRANCISCO, CALIFORNIA
Oyster Point Shoreline Park *
MOUNTAIN VIEW, CALIFORNIA
Schaefer Park /McKelvey Playfields*
BURLINGAME, CALIFORNIA
Burlingame Community Center &
Washington Park Playground *
MARIN CITY, CALIFORNIA
George “Rocky” Graham Park *
DUBLIN, CALIFORNIA
Dublin Historic Park *
DAVIS, CALIFORNIA
Davis 3rd Street Streetscape *
BURLINGAME, CALIFORNIA
Burlingame Streetscape *
SANTA ROSA, CALIFORNIA
Andy’s Unity Park *
SAN RAFAEL, CALIFORNIA
Victor Jones Park *
SAN RAFAEL, CALIFORNIA
McInnis Park *
ANTIOCH, CALIFORNIA
Prewett Community Center and Park
Improvements *
ANTIOCH, CALIFORNIA
Antioch Sports Complex
SAN MATEO, CALIFORNIA
Bayside Park
DUBLIN, CALIFORNIA
Dublin City Park
DUBLIN, CALIFORNIA
Jordan Ranch Park
SUISUN CITY, CALIFORNIA
Lawler Ranch Park
MANTECA, CALIFORNIA
Manteca Library Park
SONOMA, CALIFORNIA
Sonoma Plaza (Phases I & II),
FREMONT, CALIFORNIA
Warm Springs Park
* projects teamed on with RHAA
Electrical Engineering
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 22 889
Selected Project Experience
Sycamore Park Project, West Sacramento, CA
Mr. Morrell managed and prepared a geotechnical report for this City park project that included a cantilever farmers market shade structure supported on drilled, cast-inplace concrete piers, asphalt concrete paved vehicle parking areas, concrete flatwork, a community garden, light standards, play structures and a basketball court. Existing utilities within the narrow site could potentially be damaged by lateral loads from the shade structure drilled pier foundations. Mr. Morrell prepared the geotechnical report and evaluated the potential lateral load influence from the piers to provide a minimum setback distance to mitigate potential utility damage. A cantilever shade structure was designed to fit within the narrow site to maintain the foundation setback distance, avoiding potential underground utility damage.
Bryte Park Improvements, West Sacramento, CA
Managed/ prepared a geotechnical report for park Improvements that included a new parking lot, canopy shade structure, restroom building and bioswale stormwater infiltration system. The shade structure and restroom building were added to the project during design and required Division of State Architect (DSA) review/approval since this part of the park was leased from the adjacent school. Mr. Morrell quickly developed an amended scope of services and performed additional subsurface exploration and laboratory testing to provide a geotechnical report for DSA review.
Riverfront Street Extension, West Sacramento, CA
Managed and prepared a geotechnical report for the extension of Riverfront Street from Mill Street to about 0.15 miles to the south. The geotechnical report included recommendations for pavement design, stormwater infiltration system beneath the sidewalks, site grading and mitigation of existing fill containing organic ash generated from past use of the corridor as a rice processing facility.
Twelve Bridges Highschool and Joint Use Park, Lincoln, CA Managed/ prepared geotechnical report for the new school project that included a joint-use park with construction of athletic fields, sport field lighting, paved parking and walkways.
Education:
• University of Nevada, Reno
BS Geological Engineering, 1989
Registration:
• Professional Engineer, Civil, CA #60578
• Professional Geotechnical Engineer, CA
#2843
Affiliations:
• ASCE - American Society of
Civil Engineers
Years of Experience:
• 22 years at Blackburn
David J.
Morrell, PE, GE
Senior Geotechnical Engineer
David Morrell has over 32-years of geotechnical engineering experience on park, school, public infrastructure, bridge, water/ wastewater, tank, residential, and commercial, projects in the Sacramento Valley area. Mr. Morrell’s work on the Sacramento Railyards Redevelopment Infrastructure Improvements earned Blackburn Consulting a project of the year award from the California Geotechnical Engineering Association (CalGeo). His work includes geotechnical analysis and recommendations for shallow and deep foundation design, excavation stability and dewatering, embankment settlement, retaining walls, slope stability and landslide repair, pavement design, and expansive soil mitigation.
Qualifications
Personnel
Geotechnical Engineering
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 23 890
Personnel
Cost Estimating
Selected Project Experience
City of Woodside
Provided cost estimating support throughout the design process for the demolition and reconstruction of a new fire station. Assisted with value engineering and cost saving strategies at various stages of project development.
City of Roseville
Provided cost estimating support throughout the design process for the construction of a new Native American museum. Assisted with value engineering and cost saving strategies at various stages of project development.
City of Stockton
Provided cost estimating support for the repairs and reconstruction of a public library with severe water damage. Worked with the design and construction team to develop solutions to disassemble sections of the building while preserving adjacent spaces to limit demolition and allow the facility to remain partially open during construction.
California Department of Corrections and Rehabilitation, CA Provided cost estimating for all new construction, renovations, and major repairs to the 34 prisons across the state. Responsibilities included feasibility reports to the legislature, budget development for new projects, estimate reconciliations with parallel estimates, and change order review.
Education:
• Stanford University, Master of Science,
Civil Engineering, Construction
Management & Structural Engineering
• San Jose State University, Bachelor of
Science, Civil Engineering
Certifications:
• Registered Professional Engineer:
California – Civil #C66114
• LEED Accredited Professional
US Green Building Council
• ASPE – Professional Cost Estimator
Years of Experience:
• 20 + years
Jeff
Threet
Senior Cost Estimator
Mr. Threet has over 20 years of experience in the construction and construction management industries combining hands-on jobsite common sense, with an innate understanding of the core principles of project design and construction. His prime areas of concentration include cost estimating, budgeting, and market research.
Qualifications
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 24 891
Personnel
Architectural Design
Selected Project Experience
• Atherton Civic Center and Library, Atherton, CA (LEED Gold, NZE-Ready) - New Public Library with three outdoor spaces
- Historic Town Hall Renovation
- Cafe
- New City Hall and Council Chambers
- Police Department
- Public Works Department
• Rancho Cordova Civic & Community Center, Rancho Cordova, CA • Hillsborough Town Hall & Multifamily Housing Master Plan, Hillsborough, CA • Watsonville Water Resources and Visitor Center, Watsonville, CA (Net Zero Energy, LEED Platinum)
• Turlock Public Library Expansion and Renovation , Turlock, CA • Stanislaus County Library Makerspace, Modesto, CA
• San Carlos Library Makerspace, San Carlos, CA
• Disability Community Cultural Center, San Francisco, CA • Center for Employment Training Historic Renovation, San Jose, CA • Skypark Community Center Master Plan, Scotts Valley, CA • Park Day School, Master Plan and Design, Oakland, CA* • Sacred Heart High School, William V. Campbell Academic Arts Center, Atherton, CA*
• Sacred Heart High School, Arts Science & Health Master Plan, Atherton, CA* • Sonoma Academy, Janet Durgin Guild and Commons, Santa Rosa, CA* * Projects Teamed with RHAA
Education:
• University of California, Berkeley,
Bachelor of Architecture,
Registration:
• Licensed Architect, California (C24532)
Affiliations:
• Fellow of the American Institute of
Architects (FAIA)
• International Living Futures Institute (ILFI
• International WELL Being Institute, U.S.
Green Building Council (USGBC)
• California’s Coalition for Adequate
School Housing (CASH)
Years of Experience:
• 30 + years
Pauline
Souza
FAIA, LEED Fellow, WELL AP, LFA / Partner,
Director of Sustainability
With over three decades of experience, Pauline has dedicated her career to the building and advocacy of high-quality, sustainable environments that serve the public, students, and educators. A recognized leader within the green building movement, Pauline’s work has advanced sustainable thinking by stewarding thoughtful principles into firm-wide practices.
Committed to sharing what she has learned with the larger community, she speaks regularly at conferences and is a recurring contributor to publications focused on sustainable building design and practices.
Qualifications
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 25 892
References
References
1. Santa Clara Valley Medical Center Behavioral Health Building — Santa Clara, CA The landscape design for SCVMC Behavior Health building is based on an approach with comfort, safety, and therapeutic benefits in mind. The design response is integrated into the building design philosophy of creating a welcoming facility that addresses the needs of all age groups. It develops site outdoor areas with a home-like character.
Art can be utilized throughout the site areas to enhance the user experience. All courtyards and gardens are designed to provide as much of a biophilic sensory experience as possible for users, enhancing the healing aspects through contact with nature.
Timeline: April 2020 - Ongoing
Reference: Kevin Day, Principal | HGA Architects
415.814.6932 | [email protected]
1200 R St #100, Sacramento, CA 95811
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 26 893
References
2. Google Java Campus — Sunnyvale, CA
The landscape design for the 399 West Java campus prioritizes ecological principals as key values alongside creating a space for wellness, collaboration, and connectivity for the future occupants. The landscape design thrives to connect the proposed office building and separate parking structure to the two existing buildings which the client acquired and will retrofit. Pockets of activity occur along the journey in the form of a food truck plaza, outdoor seating areas, work pods, recreation zones and outdoor cafes. Given the variety of building types, access, and likelihood of future program changes in within the buildings, RHAA’s site design promoted flexibility and adaptability. The planting is designed to meet the client’s objectives including providing habitat, re-oaking the south bay, creating a performative landscape, enhancing biodiversity and connecting to the regional and district context. As the primary site planning and design consultant for this campus, RHAA was responsible for in-depth client engagement during the design phases. The project is in construction.
Timeline: October 2019 - Ongoing
Reference: Bob Fuselier, Project Executive, XL Construction | 408.240.7628 | [email protected] 1030 R St, Sacramento, CA 95811
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 27 894
3. One Beach Street — San Francisco, CA
RHAA, along with RMW worked together to transform an existing building near Pier 39 into a new office space, including the addition of a new rooftop work, meeting, and event space. The rooftop space consists of a large outdoor meeting area with a trellis, small work nooks with heated furniture, a fire pit lounge and a large flexible artificial turf area to host a range of office events. The design embraces the industrial vibe of the original building structure by using large I-beams to construct the trellis and faded white timber across the site. The space was designed to capture views of the Golden Gate Bridge, Coit Tower and The Bay Bridge.
Timeline: July 2019 - October 2022
Reference: Terri Kwik, Principal | RMW Architects | 415.490.1707 | [email protected] 1718 3rd Street, Suite 101, Sacramento, CA 95811
References
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 28 895
4. Applied Materials Campus — Sunnyvale, CA
A variety of outdoor “rooms” along the span of the Esplanade will create space for outdoor meetings, gatherings, and quiet / focused work depending on users needs. Breakout spaces, located in areas of concentration, will be programmed with furnishings and amenities that promote gathering, activity, connection, and liveliness. The Central Park will be orgaznized around existing, mature trees which will be protected and utilized to complement the park programming. The plant palette will be formed from drought tolerant, and site adapted plants that will be complementary to the project’s built and natural elements. Planting combinations will be designed to create habitat for bird and insect species native to the area where possible.
Timeline: June 2017 - Ongoing
Reference: Steve Worthington, Principal | RMW Architects | 415.490.1677 | [email protected] 1718 3rd Street, Suite 101, Sacramento, CA 95811
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 29 896
5. Intuitive Surgical Campus — Sunnyvale, CA
RHAA was commissioned to design a corporate campus expansion for Intuitive Surgical in Sunnyvale. The goals for this 2 phase project were to provide a workplace that fosters innovation and productivity, and create spaces that reflect the ISI culture and values. The design team was able to achieve these goals by working closely with ISI executives to create flexible spaces for meeting, learning, socializing, and working. There is a sense of indoor/outdoor “living” achieved by roof decks, outdoor sport courts, an outdoor cafe kitchen, flexible seating, and multiple quiet garden areas.
Timeline: March 2015 - July 2021
Reference: Stan Lew, President | RMW Architects | 415.490.1696 | [email protected] 1718 3rd Street, Suite 101, Sacramento, CA 95811
References
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 30 897
Local Benefit
RHAA brings a working knowledge of the City of West Sacramento to the project team. We have been working directly with the City on the West Sacramento Riverwalk project since 2018. We completed the first phase of the Riverwalk project in 2020, and are currently working with the City on the next phase of the project. Both Manuela King and Kendra Manning are working on this project and thus have first-hand experience working in and with the City of West Sacramento. In addition, we have brought on several local Sacramento-area sub-consultants, including one subconsultant with an office within the City of West Sacramento city limits.
History
Effective March 31, 2022, shareholder Douglas Nelson retired from RHAA. In accordance with our by-laws, he sold his outstanding shares back to the company. At the time, Mr. Nelson owned 600 shares of company stock, representing
21.43% of the total outstanding shares. Those shares have since been retired.
There have been no mergers, acquisitions, or other stock transactions in the past three years.
Legal Challenges
RHAA does not have any pending litigation against the us.
Fiscal Viability
RHAA has not filed (or had filed against it) any bankruptcy or insolvency proceeding, whether voluntary or involuntary, or undergone the appointment of a receiver, trustee, or assignee for the benefit of creditors in the last ten (10) years.
Local Benefit, History, Legal Challenges, and Fiscal Viability CONFIDENTIAL TECH CAMPUS | PALO ALTO
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 31 898
Secretary of State
Certificate of Status
I, SHIRLEY N. WEBER, PH.D., California Secretary of State, hereby certify:
Entity Name: ROYSTON, HANAMOTO, ALLEY & ABEY
Entity No.: 0529170
Registration Date: 07/03/1967
Entity Type: Stock Corporation - CA - General
Formed In: CALIFORNIA
Status: Active
The above referenced entity is active on the Secretary of State's records and is authorized to exercise all its powers, rights and privileges in California.
This certificate relates to the status of the entity on the Secretary of State’s records as of the date of this certificate and does not reflect documents that are pending review or other events that may impact status.
No information is available from this office regarding the financial condition, status of licenses, if any, business activities or practices of the entity.
IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of August 14, 2023.
SHIRLEY N. WEBER, PH.D.
Secretary of State
Certificate No.:
To verify the issuance of this Certificate, use the Certificate No. above with the Secretary of State Certification Verification Search available at bizfileOnline.sos.ca.gov. 137546830
Business License
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 32 899
3.4 Technical Project Approach
ROSEWOOD COMMONS | PLEASANTON
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 33 900
Quality open space is essential to a healthy, collaborative, and productive workplace. As with many other organizations in this post-pandemic era, the City of West Sacramento seeks to increase and improve the quality of their outdoor work and recreation space to provide outdoor work experiences for their staff. As Landscape Architects that specialize in the user experience, we understand the value of well-designed outdoor amenity spaces.
To achieve this goal, we understand that the City wishes to redesign their outdoor plaza to include outdoor work spaces, outdoor meeting areas, break/lunch areas and attractive landscaping. The design should be warm, inviting and functional by allowing the ability to hold 100+ people at one time.
RHAA understands that the City is seeking professional Landscape Architectural services for design and construction administration for their new outdoor plaza/work space. The professional services shall include:
- Schematic Design
- Design Development
- Construction Documentation
- Permitting
- Bid support
- Construction Administration
In addition to the Landscape Architecture services listed above the City seeks sub-consultant services as necessary to ensure successful delivery of the project.
Project Approach
As landscape Architects with a long history working with public agencies, RHAA brings a client-centric lens to the design process. Our approach is collaborative and comprehensive. In the following sections we will discuss:
- Operational and organizational approach to fulfilling the scope of work - Communication approach
- Approach to advancing the project objectives
- Approach to providing continuity
1. Operational and Organizational approach to fulfilling the scope of work For this project, RHAA will provide a team, comprised of landscape architects and designers that will work collaboratively with highly skilled Civil Engineers, Electrical Engineers, Geotechnical Engineers, Architects, and cost estimating consultants to uncover the possibilities of the City Hall Outdoor Plaza site.
Manuela King will be the Principal-in-charge supervising the Landscape Architectural team and the delivery of the project. Manuela has 38 years of experience in leading public design projects and multidisciplinary teams. Kendra Manning with be the project manager for this project. Her experience working with public agencies throughout Northern California including West Sacramento (Riverwalk Project), Sacramento (Bateson Building Renovation), and San Francisco (Panhandle Playground), makes her well positioned to offer exceptional design and management support for this project.
Joining RHAA in this project will be BKF Civil Engineers, MAR Structural Engineers, O’Mahony & Myer Electrical Engineers, Blackburn Geotechnical Engineers, and JR Conkey Cost Estimators. In addition we have added WRNS Architects to our team in an as-needed capacity. This experienced, muti-discipline team of consultants will draw upon their extensive expertise to provide the necessary support and guidance to make this project successful.
Technical Project Approach
Technical Project Approach
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 34 901
RHAA will be the prime consultant and client contact throughout this project and will be strategic in deploying our consultant partners at moments when their knowledge and expertise will be most valuable. Considering the project budget (outlined in the RFP and mentioned at the pre-proposal meeting), RHAA will ensure the expertise of their team is utilized efficiently to bring the highest value to the project.
2. How the proposer will communicate with the city throughout the work.
As professional designers, we understand that listening to the needs of our clients is key to the success of our projects.
Our team is committed to building trust with our clients, stakeholders, and the communities we serve from the project outset. We always start our design process with an openness to collaboration and like to involve stakeholders and clients in every step of the process.
RHAA utilizes a wide range of tools to ensure easy and effective communication with our clients and the communities we serve. We value in-person collaboration, and we maintain an open and inclusive approach when facilitating in-person meetings, design charettes and workshops. We also recognize the role technology can play in improving efficiency of communication and managing project budgets. We deploy on-line conferencing technology when needed to communicate freely and openly with our clients and stakeholders.
Over our 60+ years in business we have developed innovative, flexible, and inclusive collaboration strategies to move projects forward. We use sketches, drawings, and three-dimensional computer models to help clients envision design ideas, and we prepare detailed design and construction documents that bring these visions to reality.
We value meaningful client relationships that start with a conversation, not a lecture. We come to the table with our experience and ideas, but also with open minds and a desire to explore and listen. Our goal is to provide our clients with meaningful spaces that meet and exceed their expectations.
3. How the proposer will advance the project objectives At the beginning of each project, we work with our clients and consultant team to develop a comprehensive project schedule and a plan of critical objectives that must be met for the project to be considered a success. We understand that the City would like to set the goal of submitting the project for permit in summer 2024. To meet this goal, we have developed a draft outline schedule for consideration (see page 39).
Regular and open communication with the City will be maintained throughout the project to ensure expectations are aligned and important milestones are met.
We will provide strong design leadership and maintain a proactive approach to ensure all members of the design team have the appropriate support for each task. We will ensure the team develops a deep understanding of the project and the site conditions quickly and efficiently to help inform the appropriate design solutions.
Our team is experienced with working within defined budgetary constraints to create well thought-out, economic, design solutions. Almost all of our work is with government agencies or publicly–funded, non–profit organizations; so we understand the processes and procedures. We are adept at meeting tight schedules and budgets; and we excel at translating client needs into flexible, functional, and enduring solutions.
4. How will the proposer provide continuity on work efforts RHAA carefully selects their project teams to ensure that not only are we providing the professional experience needed to meet the project objectives, but also that we are providing a team that will remain consistent from project kickoff through to construction. All of the RHAA personnel and consultants proposed on our project team have extensive experience with managing projects from inception, through design, and through to completion. We are a firm that prides itself on having a large portfolio of built work, which demonstrates our commitment to our clients and following through with delivering on their objectives.
Technical Project Approach
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 35 902
Detailed Work Plan
This scope of services includes all items outlined in the RFP and is organized to provide additional details, steps, and subtasks to describe the process and deliverables. The project schedule / workplan further illustrates the process. We will work with you to refine and confirm the scope, work plan / schedule, and budget to best meet your needs.
TASK 1 – SCHEMATIC DESIGN (2 months)
1.1 Site Visit and Kick-off meeting: (in-person): Introduce and orient the team, establish roles and preferred communication practices, affirm project expectations, confirm project scope, and schedule and clarify project understanding, planning process, and design needs.
1.2 Review existing documents. Research and review relevant information provided by the City, including existing City plans, policies, programs, and background information relevant to the site and project.
1.3 Topographic Survey. Prepare topographic survey, including all site features, utilities, and ownership and easements.
1.4 Geotechnical assessment and report. Prepare geotechnical report to inform conditions for foundations/footings, pavement, and stormwater management.
1.5 Prepare Base Map: Prepare base CAD and 3D model files to develop design off.
1.6 Site Analysis / Opportunities and Constraints. Review any additional existing on-site qualitative conditions and prepare mapping/diagrams to inform project opportunities.
1.7 Develop Schematic Design Concepts for client review. Develop landscape sketch designs (3 approx.) for outdoor workspace. Use 3D modeling tools to verify design decisions. Prepare material and furnishing options.
1.8 Stakeholder meetings. Attend 3 stakeholder meetings to share sketch concepts and gather feedback.
1.9 Refine design and prepare Schematic Design Package. Refine the design based on client/stakeholder feedback. Produce a schematic design package including a refined rendered plan, 3D concept view (1approx) and landscape materials and furnishing board.
1.10 Submit Schematic Design Package to client and Cost estimator.
1.11 Cost estimating. Produce a preliminary cost estimate based on Schematic Design Package.
1.12 Project management and coordination. Coordinate with City PM and project team to manage budget, schedule, deliverables.
Deliverables
(hardcopy, pdf, and original file formats as required)
• Topographic Survey
• Geotech Report
• Base Map
• Schematic design presentation for stakeholder meetings • Schematic Design Package
• SD cost estimate
TASK 2 – DESIGN DEVELOPMENT (1 month)
2.1 Review SD cost estimate Review cost estimate and make adjustments to the design to align with project budget goals.
2.2 Develop DD level drawing package. (100% Design Development) Set up construction documents set, including cover sheet, initial demo and grading plans, site layout, major features and systems, materials, plant palette, products, and specifications.
2.3 Develop DD level specifications. Develop comprehensive specifications for project.
2.4 QA/QC. Quality Assurance / Quality Control Review.
Detailed Work Plan
Detailed Work Plan
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 36 903
2.5 Submit Design Development Package to client and Cost estimator.
2.6 Project management and coordination. Coordinate with City PM and project team to manage budget, schedule, and deliverables.
Deliverables
(hardcopy, pdf, and original file formats as required)
• Design development drawing package
• Design development specifications
• DD cost estimate
TASK 3 – CONSTRUCTION DOCUMENTS (3 months)
3.1 Review DD cost estimate Review cost estimate and adjust the design to align with project budget goals.
3.2 Develop CD level drawing package. (50%, 75%, 90% and Permit drawing package) Develop construction documents set, including cover sheet, demo and grading plans, site layout, major features and systems, materials, plant palette, products, and specifications.
3.3 Develop CD specifications. Develop comprehensive specifications for project.
3.4 QA/QC. Quality Assurance / Quality Control Review of each milestone deliverable
3.5 Submit Construction Document Package to client at each milestone.
3.6 Submit 75% Construction Document package to the Cost estimator. This final cost estimate with be shared with the client and reviewed by the design team to make any final VE adjustments prior to Bid and Permitting.
3.7 Project management and coordination. Coordinate with City PM and project team to manage budget, schedule and deliverables. 3 meetings with city PM included and 3 consultant coordination meetings assumed.
Deliverables:
(hardcopy, pdf, and original file formats as required)
• CD milestone drawing packages at 50%, 75%, 90%.
• Permit/Bid set deliverable
• Specifications
• CD cost estimate
TASK 4 – PERMITTING PHASE (1 month)
4.1 Respond to city comments. Coordination of city comment responses including management of sub consultant scope related responses. Resubmittal of drawings and specifications as required. Assumes 1 round of comments and subsequent revisions.
Deliverables:
(hardcopy, pdf, and original file formats as required)
• Revised drawings and specifications as required.
TASK 5 – BID PHASE (1 month)
5.1 Bid Management. Managing RFI responses and preparing addenda as required.
Deliverables:
(hardcopy, pdf, and original file formats as required)
• Addenda as required.
Detailed Work Plan
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 37 904
TASK 6 – CONSTRUCATION SUPPORT SERVICES (6 months)
6.1 Pre-construction meeting. Meeting with contractor and client at job site in West Sacramento with the goal to discuss approach, scheduling, and to build relationship and clear expectations for construction.
6.2 Respond to RFI’s, review shop drawings, review submittals.
6.3 Visit site to review site staking and fine grading
6.4 Visit site to review paving mockups
6.5 Visit site to review tree and plant delivery + placement (no nursery visit included)
6.6 Visit site to review shade structure and fence
6.7 Visit site to prepare final punch list
6.8 Provide record drawings
6.9 Project management and coordination
Deliverables:
(hardcopy, pdf, and original file formats as required)
• Field Reports after each site visit
• LSK’s as required to respond to RFI’s and submittals
• Record drawings
Detailed Work Plan
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 38 905
2024
Sept
Tasks
West Sacramento City Hall Plaza Work Space
Site Analysis and Needs Assessment
Develop Schematic Design Concepts
Stakeholder Meetings
Delivery of Schematic Design Package
2024
June
TASK 1. Schematic Design
2024
July
2024
Aug
2024
Oct
2024
Nov
2024
Dec
2025
Jan
2025
Feb
2025
March
2025
April
2025
May
DD Client Design Development Meeting
Develop Design Development Package
Submittal of Design Development 100%
TASK 2. Design Development
CD Kick-off Meeting
Client Construction Documents Meeting
Develop Construction Documents Package
Submittal of CD’s 50%, 75% 90%, Permit
TASK 3. Construction Documents
Respond to City Comments (assumed 2 rounds)
TASK 4. Permitting
Managing Bid Process
TASK 5. Bid Phase
Pre-Construction Meeting
Construction Observation
Project Closeout
TASK 6. Construction Administration
2025
June
2025
July
Meeting with District
Submittal
Work Period
Client Review Period
SD DD/
50%CD
75%
CD
90%
CD
PERMIT
Deliverables
906
3.5 Cost Proposal
META DUMBARTON CAMPUS | FREMONT
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 40 907
OVERALL FEE SUMMARY RHAA + TEAM
rhaa BKF Blackburn JR Conkey MAR OMM Alter
Engineers
Pacific
Water Art
WRNS Subtotal
Landscape
Architecture
Civil
Engineering,
Survey
Geotech Cost Estimator Structural
Engineering
Lighting +
Electrical
Termal
Comfort
/Performance
Water Feature
Engineer
Architect for
Trellis
TASK 1 - SCHEMATIC DESIGN $ 23,905 $ 4,373 $ 11,225 $ 3,840 N/A N/A 2,000 $ N/A 3,500 $ $ 48,843 TASK 2 - DESIGN DEVELOPMENT $ 12,290 $ 4,877 $ 735 $ 4,800 $ 5,850 $ 4,220 $ 1,500 N/A 5,000 $ $ 39,272 TASK 3 - CONSTRUCTION DOCUMENTS $ 34,780 $ 12,139 $ 643 $ 5,760 $ 10,950 $ 10,090 N/A 15,000 $ $ 14,000 $ 103,362 TASK 4 - PERMITTING PHASE $ 1,660 $ 2,306 N/A N/A 1,700 $ $ 1,020 N/A N/A 1,000 $ $ 7,686 TASK 5 - BID PHASE $ 1,660 $ 444 N/A N/A 1,100 $ $ 680 N/A N/A $ 500 $ 4,384 TASK 6 - CONSTRUCTION SUPPORT SERVICES $ 19,440 $ 2,664 N/A N/A 3,500 $ $ 5,340 N/A N/A 2,200 $ $ 33,144 Labor Subtotals Base Scope 93,735 $ 26,803 $ 12,603 $ 14,400 $ 23,100 $ 21,350 $ 3,500 $ 15,000 $ 26,200 $ 236,691 $ Estimated Reimbursable Expenses (2% of labor) $ 536 1,875 $ 252 $ 288 $ 462 $ 427 $ 70 $ 300 $ 524 $ 4,734 $ Total Labor 236,691 $
Sub-Consultant Markup (5% of labor) $ 5,838
Total Reimbursable Expenses $ 4,210
Total Proposed Fee 246,739 $
Assumptions
1234567891
West Sacramento City Hall Outdoor Plaza Work Space
Waterproofing.The scope of work is limited to the tasks and consultants listed.Additional meetings not listed will be billed as time and materials.Submittals consist of two full size set and one electronic set.Fees are based on project schedule provided. Project delays will be considered extra services. Additional submittals will be billed as time and materials.Technical Specifications only (in CSI format), no General Provisions, Bidding and Contracting Requirements.Significant changes to the approved Concept Design will be considered extra services.Assume slected Concept Design for the park will be implemented as a single construction package and the project will not be packaged for phasing.This is only an estimate and does not necessarily consitute the work we will be required to perform.
Exclusions
1 of 1
908
FEE SUMMARY
Task 1 Schematic design $23,905
Task 2 Design Development $12,290
Task 3 Construction Documents $34,780
Task 4 Permitting Phase $1,660
Task 5 Bid Phase $1,660
Task 6 Construction Administration $19,440
$93,735
$1,875
$95,610
Principal Associate Staff
$300 $240 $175
1.1 1 2
1.2 1 2
1.3 2
1.4 3 3
1 2 8
1 1 1
1.5 1 1
1.6 2 6
1 2 8
1 2 2
1.7 6
1.8 1
8 22 31
a. 5 5
b. 15 15
20 20 0
28 42 31
$8,400 $10,080 $5,425
$23,905
Subtotal Labor
Estimated reimbursable expenses at 2% of labor
Total Proposed Fee
Task 1 Schematic Design (2 months)
Site Analysis and needs Assessment studies development
West Sacramento City Hall Outdoor Plaza Work Space
City of West Sacramento
Revise preferred landscape plan per client/stakeholder feedback.
Development of Schematic design package inc.
- Preferred landscape rendered plan
- 3D concept view - rendered (1 total)
- Landscape materials boards
Project management and coordination with consultants
Review existing plans, studies, maintenance and performance records.
Prepare Base Sheet
Develop schematic design concepts for client review Inc.:
- Landscape concept sketches (3 total - hand sketched)
- 3D concept views (3 total SketchUp - unrendered to show massing and layout) - Landscape materials boards
Total Hours
Fees
Total Task 1
Coordination of cost estimating
Hours
Task 1 Meetings
Site Visit (1 - in person - West Sacramento)
Stakeholder meetings (3 - in person - West Sacramento)
Meetings
1 of 4
909
2.1 3 6
2.2 3 6
2.3 1 2
2.4 4
2.5 4 6
2.6 2 6
2.7 2
2.8 1
2.9 4
2.10 1
2.11 4
2.12 1
0 30 26
a. 1 1
1 1 0
1 31 26
$300 $7,440 $4,550
$12,290
Task 3 Construction Documents (3months)
3.1 8 16
3.2 8 16
3.3 4 8
3.4 8 4
3.5 8 16
3.6 8 16
3.7 2 8
3.8 2 8
3.9 2 8
3.10 4
3.11 8
3.12 4
0 66 100
b. 3
c. 3
0 6 0
0 72 100
$0 $17,280 $17,500
$34,780
Task 2 Design Development (1 Month)
Develop DD level Construction Plan
Develop DD level layout Plan
Design specifications
Review of SD cost estimating. Coordination of DD cost estimate Quality Control and coordination check
Submit100% DD drawings packages
Hours
Develop DD level soil placement Plan
Develop DD level irrigation Plan
Develop DD level planting Plan
Develop DD level design details
Develop DD level irrigation details
Develop DD level planting details
Develop CD level Construction Plan
Develop CD level layout Plan
Develop CD level soil placement Plan
Develop CD level irrigation Plan
Develop CD level planting Plan
Develop CD level design details
Task 2 Meetings
Consultant coordination meeting (1 online)
Meetings
Total Hours
Fees
Total Task 2
Hours
Task 3 Meetings
CD Client Construction Documents meeting (3 online)
Consultant coordination meetings (3 online)
Meetings
Develop CD level irrigation details
Develop CD level planting details
Design specifications
Review of DD cost estimating. Coordination of CD cost estimate Quality Control and 1-round of VE based on DD cost estimate Submit 50% CD, 75%, 90% and CD/Permit drawings packages Total Hours
Fees
Total Task 3
2 of 4
910
Task 4 Permitting Phase (1month)
4.1 4 4
0 4 4
a.
0 0 0
0 4 4
$0 $960 $700
$1,660
Task 5 Bid Phase (1 month)
5.1 4 4
0 4 4
a.
0 0 0
0 4 4
$0 $960 $700
$1,660
Task 6 Construction Support Services - ( 6 Months)
6.1 Pre Construction meeting (at job site in West Sacramento) 5
6.2 Respond to RFI's, review shop drawings, review submittals 20
6.3 6
6.4 6
6.5 6
6.6 6
6.7 6
6.8 Provide record drawings 18
6.9 8
0 81 0
$0 $19,440 $0
$19,440
Assumptions:
1 2
3 4
5 6
7 8
9 10
11 12
13 14
No meetings included
Meetings
Total Hours
Fees
Total Task 4
Respond to RFI's, prepare addenda.
Respond to city comments including revision of drawings and written response to comments - 1 rounds of comments included
Hours
Task 4 Meetings
Total Task 4
Visit site to review site staking and fine grading
Visit site to review paving mockups
Visit site to review tree and plant delivery + placement (no nursery visit included) Visit site to review shade structure and fence
Visit site to prepare final punch list
Hours
Task 5 Meetings
No meetings included
Meetings
Total Hours
Fees
Fees include submittals as shown. Additional submittals will be considered extra services. Fees assume a single phase of project documentation and construction. Division of project into multiple phases will be considered extra services.
Submittals will consist of one electronic set. Wet stamped and signed sets provided if required.
Grading and drainage not included (by others).
Waterproofing, structural penetrations, plumbing, and drainage not included (by others).
Significant changes to the approved SD design will be considered extra services.
Civil engineering of vehicular zones not included (by others).
Project management and coordination
Hours
Fees
Total Task 6
The scope of work is limited to the tasks listed above.
Fees include meetings and presentations as shown. Additional meetings will be considered extra services.
Structural engineering of any trellises, walls over 30", and other site elements not included.
Art feature selection and coordination not included.
Environmental studies or reports not included.
Entitlements processing, meetings, and applications other than those listed above not included.
Grant applications not included
Design models, videos, or other 3D presentation tools not included, except as listed above. 3 of 4
911
15 16
17 18
19 20
21 22
23 24
The following additional services are available if needed but not included in the above proposal:
1 2
3 4
5 6
Site lighting and photometrics not included (by others). RHAA will assist with fixture selection. Layout, electrical circuitry, lamping, code review and detailing by others.
Signage not included (by others).
AutoCAD base drawing with topographic survey shall be provided to RHAA.
Civil engineering drawings for utility coordination not included (by others).
Demolition plan & specs not included (by others).
Pool and water feature design and engineering excluded.
Additional rendered 3-d perspectives
Additional meetings or submittals beyond those listed above 3D Fly-over / video
Assistance with permitting and entitlements beyond what is indicated above Additional design tasks as requested by owner
Reimbursable expenses to be billed monthly as accrued at cost plus 10%.
Landscape services will be billed on a percent complete basis.
Site limit of work is as shown on diagram submitted with proposal.
Assumes contract is to be billed at T&M not to exceed basis.
Additional rendered presentation plans
4 of 4
912
Landscape
Architecture
& Planning
Main Office
225 Miller Avenue
Mill Valley, CA 94941
San Francisco Office
323 Geary Street, #602
San Francisco, CA 94102
rhaa.com
415.383.7900
Terms of Agreement
CHARGES FOR SERVICES
Charges for Basic and Extra Services will be based on hourly rates shown in the following table:
2024 Hourly Billing Rates
Principal 1 ........................................................................$300 Principal 2 ........................................................................$295 Principal 3 ........................................................................$290 Senior Associate 1 .........................................................$285 Senior Associate 2 .........................................................$240 Associate 1 ......................................................................$220 Associate 2 ......................................................................$200 Associate 3 ......................................................................$190 Designer 1 ........................................................................$180 Designer 2 ........................................................................$175 Designer 3 ........................................................................$170 Designer 4 ........................................................................$160 Project Accountant .......................................................$190 Controller .........................................................................$220 These rates include all applicable fringe, overhead and profit calculations. No additional percentages for overhead, profit, or any other costs related to labor will be charged.
Billing rates are current for six months from the date of Agreement for Professional Services or until the next calendar year, whichever comes first, but may be increased periodically. An escalation factor of 5 percent per year may be added to our billing rates for contracts lasting more than one year.
EXPENSES
The following expenses will be billed at cost plus a 10 percent markup:
• Automobile Travel (IRS allowable rate per mile), tolls and parking • Airfare, car rental, lodging, meals and expenses associated with out-of-town travel • Plotting, reproductions and copies (including CADD, renderings and planning documents) • Photographic charges
• Presentation materials, including charrette/meeting supplies, foam core and mounting costs • Courier and shipping charges
• Professional Consultants
Reimbursable expenses are in addition to Compensation for Basic Services and include actual expenditures made by the Landscape Architect, their employees, and their professional consultants in the interest of the project.
PAYMENTS
Invoices for services will be billed monthly in proportion to the amount of work completed. Invoices unpaid after one month will be subject to a 1.5% per month charge or an annual rate of 18%.
Rate Tables
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 42 913
BKF ENGINEERS PROFESSIONAL SERVICES RATE SCHEDULE
EFFECTIVE JANUARY 1, 2024
CLASSIFICATION HOURLY RATE
PROJECT MANAGEMENT
Principal $302.00
Senior Associate Principal $280.00
Associate Principal $273.00
Senior Project Manager | Senior Technical Manager $265.00 Project Manager | Technical Manager $260.00
Engineering Manager | Surveying Manager | Planning Manager $239.00
TECHNICAL STAFF
Senior Project Engineer | Senior Project Surveyor | Senior Project Planner $222.00 Project Engineer | Project Surveyor | Project Planner $195.00 Design Engineer | Staff Surveyor | Staff Planner $170.00 BIM Specialist I, II, III $170.00 - $195.00 - $222.00
Technician I, II, III, IV $162.00 - $172.00 - $189.00 - $203.00 Drafter I, II, III, IV $127.00 - $139.00 - $150.00 - $167.00 Engineering Assistant | Surveying Assistant | Planning Assistant $106.00
FIELD SURVEYING
Survey Party Chief $222.00
Instrument Person $190.00
Survey Chainperson $143.00
Utility Locator I, II, III, IV $116.00 - $164.00 - $197.00 - $224.00 Apprentice I, II, III, IV $88.00 - $118.00 - $130.00 - $138.00
CONSTRUCTION ADMINISTRATION
Senior Consultant $290.00
Senior Construction Administrator $253.00
Resident Engineer $188.00
Field Engineer I, II, III $170.00 - $195.00 - $222.00
FUNDING & GRANT MANAGEMENT
Director of Funding Strategies $208.00
Funding Strategies Manager $190.00
Funding/Research Analyst I, II, III, IV $130.00 - $150.00 - $160.00 - $176.00
PROJECT ADMINISTRATION
Project Coordinator $142.00
Senior Project Assistant $122.00
Project Assistant $108.00
Clerical | Administrative Assistant $90.00
Expert witness rates are available upon request.
Subject to the terms of a services agreement:
• Charges for outside services, equipment, materials, and facilities not furnished directly by BKF Engineers will be billed as reimbursable expenses at cost plus 10%. Such charges may include, but shall not be limited to: printing and reproduction services; shipping, delivery, and courier charges; subconsultant fees and expenses; agency fees; insurance; transportation on public carriers; meals and lodging; and consumable materials. • Allowable mileage will be charged at the prevailing IRS rate per mile. • Monthly invoices are due within 30 days from invoice date. Interest will be charged at 1.5% per month on past due accounts.
• The rates shown are subject to periodic increases, including January 1st of each year. BKF ENGINEERS BKF Civil Engineering / Surveying
Rate Tables
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 43 914
Fee Rate Schedule
Position/Title Rate
Partners $250-300/hr
Associates $200/hr
Project Engineers $175/hr
Structural Designers $150/hr
Clerical $105/hr
2332 Fifth Street, Suite D | Berkeley, CA 94710 | Tel (510) 991-1101 | marstructuraldesign.com MAR Structural Engineering
Rate Tables
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 44 915
HOURLY BILLING RATE SCHEDULE
2024
Principal $240/hour
Project Manager $170/hour
Project Electrical Engineer $170/hour
Project Lighting Designer $170/hour
Electrical/Lighting Designer $145/hour
CAD Supervisor $125/hour
CAD Technician $115/hour
Administrative $110/hour
OMM Electrical Engineering
Rate Tables
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 45 916
Auburn Main Office: Fresno Office:
11521 Blocker Drive, Suite 110 4186 W. Swift Avenue, Suite 107 Auburn, CA 95603 Fresno, CA 93722
(530) 887-1494, Fax (530) 887-1495 (559) 438-8411, Alt. (559) 276-4246 West Sacramento Office:
2491 Boatman Avenue
West Sacramento, CA 95691
(916) 375-8706, Fax (916) 375-8709
PROFESSIONAL HOURLY RATES:
Project Engineer / Geologist I $195 CAD/GIS $190
Project Engineer / Geologist II $210 Lab Aide $130
Senior Engineer / Geologist $230 Lab Manager $195
Project Manager $255 Field Services Manager $220
Construction Manager $260 Clerical $115
Senior Project Manager $285 Project Assistant $145
Principal / Senior Consultant $330 Administrative $175
Senior Principal $375 Senior Administrative $195
SPECIAL INSPECTION PERSONNEL HOURLY RATES:
Group 1 $170 $225
ASNT Level II-III, DSA Shotcrete, Lead Inspector, NICET Level IV Group 2 $170 $220
AWS-CWI, ICC Certified Structural Inspector, NICET Level III, Building/Construction Inspector, Shear Wall/Floor System Inspector Group 3 $150 $205
Soils/Asphalt, Earthwork Grading, Excavation and Backfill, NICET Level II MINIMUM BASIC CHARGES:
Per Diem
Overtime
EQUIPMENT: (personnel not included)
Hand Sampling Equipment $348 / Day
Nuclear Moisture/Density Testing $23 / Test
$60 / Test
$242 / Test
Coring Bit Charge $60 / Core
Coring Machine $336 / Day
Dynamic Cone Penetrometer $348 / Day Torque Wrench
Electrical Resistivity Equipment $318 / Day Seismic Refraction: 12 / 24 Channel Generator $94 / Day MASW Survey Equipment
$88 / Day Traffic Control/Safety $386 / Day
Inclinometer Survey Equipment $809 / Day Concrete Vapor Emission Test Kit $50 / Ea pH Test Strip Package $74 / Ea Pull Testing Equipment
PID (MiniRAE) $100 / Day or $300 / Week
$212 / Day
12/7/2023
$597 / Day
Groundwater Level Indicator
$94 / Day
$597 / Day
$168 / Day
Location specific, minimum $185 per night
Before 7:00am or after 4:00pm: 1.5 x Hourly Rate
Double Ring Infiltrometer Equipment
Pachometer
Level Survey Equipment
Rock Point Load Test Equipment
Roto Hammer
Schmidt Hammer
$163 / Day
$386 / Day
$330 / Day
$168 / Day
$138 / Day
Cost plus 20%
$8.00 per hour or $1.00 per mile
2024 SCHEDULE OF FEES & SERVICES
www.blackburnconsulting.com
Geotechnical Geo-Environmental Construction Services Forensics ▪ Laboratory 12" Sand Cone Testing
6" Sand Cone Testing
Prevailing Wage
Saturday: 1.5 x Hourly Rate (minimum: 4 hr. increments) Sunday & Holiday: 2.0 x Hourly Rate (minimum: 4 hr increments) Outside Equipment & Services
Technician Services
Vehicle Charge
Charge includes time from office and return to office,
minimum charge - 4 hours
Over 8 hours: 1.5 x Hourly Rate
Non-Prevailing Wage
Rush Charge (less than 24 hours notice): 1.5 x Hourly Rate Blackburn Geotechnical Engineering
Rate Tables
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 46 917
J.R. CONKEY & ASSOCIATES, INC.
Standard Hourly Proposed Rates
Position 2023 2024 2025 2026
Principal $210.00 220.00 $230.00 $240.00
Project Manager $185.00 $195.00 $205.00 $215.00
Senior Cost Estimator $160.00 $170.00 $180.00 $190.00
Project Engineer $120.00 $130.00 $140.00 $150.00
Field Engineer $105.00 $115.00 $125.00 $135.00
Clerical Support II $85.00 $95.00 $100.00 $105.00
Clerical Support I $65.00 $72.50 $80.00 $87.50
735 Sunrise Ave. Suite 200 Roseville, California 95661 • (916) 783-3277 • FAX: (916) 783-8820 Website: www.jrconkey.com
JR Conkey Cost Estimating
Rate Tables
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 47 918
Reimbursable Expenses
Reimbursable expenses represent out-of-pocket expenses advanced by WRNS Studio and its sub-consultants that are made on behalf of the Owner. They will be billed in addition to the fees for Basic and Additional Services and include, but are not limited to, printing/reproduction, plotting, postage and delivery charges, model supplies for models produced in-house,presentation boards and mounting, project related photography, video conference charges, and travel outside of a 100-mile radius of WRNS Studio offices. Flatwork-related reimbursable expenses will be billed at the rates noted below:
Reimbursable expenses, Services of sub-consultants retained as part of an Additional Service or as specifically requested by the Owner, and sub-consultants’ reimbursable expenses will be billed at 1.1 times WRNS Studio’s direct cost to cover administrative expenses. *These rates are subject to change in conjunction with WRNS Studio annual salary evaluations.
Other charges may include:
Team Member Hourly Rate
Partner $280
Senior Architect/Planner $220
Project Director $215
Project Manager $210
REVIT Manager $200
Project Architect $185
Project Designer $180
Project Coordinator $180
Intermediate Architect $165
Intermediate Designer $145
Junior Designer $100
Senior Interior Designer $200
Interior Designer $170
Senior Graphic Designer $190
Sustainability Coordinator $110
Project Administrator $110
WRNS Studio Billing Rates
Concept Cost
Small Format Laser Printing /
Copies $ .10 per sheet
Large Format (11x17) Laser
Printing / Copies $ .20 per sheet
Small Format Color Laser Printing
/ Copies $ 1.00 per sheet
Large Format (11x17) Laser Color
Printing / Copies $ 1.50 per sheet
Plotting $ 2.00 per SF
Color Plotting $ 3.00 per SF
Half Size Printing/Reproduction
(15x21) $ 1.00 per sheet
Large Format Printing/
Reproduction (30x42) $ 2.00 per sheet
Concept Cost
Video Conference Charges: $ 100 per hour
Auto Travel at current IRS
approved rate $ .535 per mile
Auto Rental At actual cost
Large Format (11x17) Laser
Color Printing / Copies $ 1.50 per sheet
Hotels, Meals and Misc.
travel expenditures
At actual cost with $350 per
day maximum, domestic; At
actual cost with $550 per day
maximum, international
Airfare Based on ‘Economy Plus’ class
fares for flights less than 6 hours,
Business Class for international
travel. Auto rentals based on
‘Economy’ or ‘Compact’ rates.
RATE SHEET
WRNS Architecture
Rate Tables
/ RFP 23-082 CITY HALL OUTDOOR PLAZA WORK SPACE PAGE 48 919
We are landscape architects who
design for the human experience.
Landscape
Architecture
& Planning
920
Attachment 1
RHAA
CPC24-161 City Hall Outdoor Plaza
Expires on 12/31/25
EXHIBIT B
Scope of Work
921
Request for Proposals #23-082-RFP
Title: City Hall Outdoor Plaza Work Space
5 2. Scope of Work
2.1. Scope of Work
The following is a list of tasks that are intended to be the responsibility of the Contractor pursuant to this Request for Proposals ("Scope of Work ").
This project is located on the City of West Sacramento City Hall Grounds. It will include design services for the outdoor plaza workspace project. To include but not limited to outdoor workspaces, outdoor meeting areas, landscaping, fencing or walls to provide secure access to area, and break / lunch areas.
This RFP seeks proposals that include, but not limited to, the following: all aspects of design planning, preparing construction documents, detailed plans, specifications, and cost estimate (PS&E) for the Project. The design must conform to all laws, ordinances, and codes, including the latest ADA and City of West Sacramento Design Standards, Caltrans 2018 Standard Specifications and Standard Plans, and the current Building Code.
The following is a list of tasks that are intended to be the responsibility of the consultant pursuant to this Request for Proposals ("Scope of Work "). The tasks should include, but not be limited to what is outlined below. Consultants preparing a proposal should elaborate on these tasks within their proposal.
• Architect to obtain all existing building plans, studies, maintenance, and performance records • Perform a full on-site assessment of the existing area, structures and Geotech analysis • Coordinate, attend and develop a needs assessment meeting with City Staff • Coordinate and attend up to 3 stakeholder meetings for design concepts • Schematic Design and Design Development. To include detailed architectural drawings, civil drawing, plumbing, data and electrical drawings, floor plans, proposed materials, recommendation, at least three (3) renderings or 3D model depicting overall look of the interior, and all design documents including specifications, details, submittals, and installation • Prepare all necessary contract documents for a full set of construction documents. Contract documents shall be suitable for the solicitation of competitive construction bids • Develop project cost estimates for all aspects of the proposed work to include a schedule of values
• Assist in answering RFI questions regarding the design that may arise during solicitation / construction
• Provide engineering support services during construction, which may include, but not limited to, review of submittals related to design, materials, engineering support for design changes, change order review, review of drawings and plans
• Attend project meetings and provide construction administrative support 922
Request for Proposals #23-082-RFP
Title: City Hall Outdoor Plaza Work Space
6 • Post construction services to include: preparing/providing drawings/as-builts upon the completion of construction in formal AutoCAD and PDF set and delivered electronically to the City of West Sacramento.
General Requirements
• Consulting firm is licensed to practice architecture in the State of California, and is able to effectively provide the required professional services. • The individual or individuals or sub-consultants who will be assigned the responsibility to projects shall have significant experience in design and construction consulting within the last five years in the State of California.
• Consultant and staff shall be knowledgeable of all applicable building codes, municipal codes for public buildings, American with Disabilities Act, etc.
The selected firm shall serve as the City’s representative when designated. Christopher Dority, Project Manager, shall oversee and facilitate the activities of the firm with other government agencies or city departments as needed, in compliance with the governing codes and applicable regulations.
2.2. Equipment and Supplies
The Contractor shall furnish all tools, materials, supplies, and equipment to perform the tasks outlined in the Scope of Work.
2.3. Term of Contract
The initial term of the Contract is at the City's discretion and may be up to 3 years. The City also reserves the right to extend the Contract for up to 2 additional 1-year terms (individually, “Extension”) upon the same terms and conditions as parties agreed to in the Contract. Thus, parties agree the Contract may be for a total of 5 years upon the same terms and conditions as parties agreed in the Contract.
Notwithstanding the foregoing, the City is not obligated to extend the Contract for any amount of time.
If there is outstanding work within the Scope of Work at the end of the term of the Contract and the City requires time to solicit for and secure an alternative contractor, Contractor shall continue to provide the services within the Scope of Work on a month-to-month basis, not to exceed six (6) months, at the same cost, terms, and conditions in effect at the termination of the Contract. The City shall give Contractor at least thirty (30) days written notice of such a need and the anticipated timeline to secure an alternative contractor.
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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:
Manuela King, Principal-in-Charge
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EXHIBIT D
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. 925
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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.
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 926
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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. 927
CITY COUNCIL AGENDA REPORT
MEETING DATE: June 26, 2024 ITEM #8
SUBJECT:
CONSIDERATION OF EXCLUSIVE NEGOTIATING AGREEMENT WITH SKK
DEVELOPMENTS AND URBANCORE, LLC FOR THE
GRAND GATEWAY MASTER PLAN IMPLEMENTATION
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Mark Polhemus, Senior Program Manager
Economic Development and Housing Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action
OBJECTIVE
The purpose of this report is to provide the City Council with sufficient information to consider approval of an Exclusive Negotiating Agreement ("ENA") with SKK Developments and UrbanCore, LLC for the implementation of the Grand Gateway Master Plan.
RECOMMENDED ACTION
Staff respectfully recommends that the City Council authorize the City Manager, or his designee, to execute an ENA with SKK Developments and UrbanCore, LLC for implementation of the Grand Gateway Master Plan, in substantially the form included as Attachment 1, with such changes, insertions, revisions, corrections, or amendments as shall be approved by the City Attorney.
BACKGROUND
The Grand Gateway Master Plan Property includes four development blocks totaling approximately 8.6 acres of City-owned land located at the intersection of Grand Street and Tower Bridge Gateway (Exhibit A of Attachment 1). The City has worked over the past decade to complete planning studies and assemble the property to transform what was once a nuisance area and former State Route 275 right-of-way into a mixed-income, mixeduse community.
The City has also successfully pursued grants to fund site redevelopment. Since 2013, the City has secured State and local grants to facilitate design, planning and entitlement activities, including completing the Grand Gateway Master Plan, which guides future Property disposition and development; construct pedestrian, cycling, transit and parking improvements; support the development of 137 affordable housing units (West Gateway Place Phase 1 and 2); and more recently, acquire the Rodeway Inn to provide supportive emergency housing services for persons experiencing homelessness.
Pursuant to the California Surplus Land Act (“SLA”), prior to disposing of the Property for implementation of the Master Plan, the City Council must adopt a resolution to declare the property surplus or exempt surplus land. On June 28, 2023, the Council adopted Resolution 23-52 (Exhibit B of Attachment 1) declaring the Property as Exempt Surplus Land under the stipulation that Property buildout will result in a mixed-use, mixed-income development with at least 300 residential units, including a minimum of twenty-five percent (25%) of the units being restricted to lower income households.
In August 2023, the Economic Development and Housing (“EDH”) Department released a Request for Proposals (“RFP”) to affordable housing and other developers for Property acquisition and development of a mixed-use, mixed-income project subject to the provisions of Exempt Surplus Land under the SLA. During the two-month submission period, the EDH Department hosted a virtual pre-submission meeting to provide information and a virtual walk-through of the Property and to clarify various site conditions and development factors. The EDH Department closed the submission period on October 6, 2023.
On June 5, 2024, City Council approved a planning and environmental services contract with AECOM Technical Services, Inc. (“AECOM”) to support City staff’s efforts to create a new Grand Gateway Zoning District to expedite the approval processes of future Property development opportunities. In addition, AECOM will provide environmental technical and documentation support so City staff can streamline the CEQA review process for future development, given the development proposal’s apparent consistency with the City’s General Plan and long-envisioned goals for the Grand Gateway project area. 928
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ANALYSIS
Staff recommends that the City Council enter into an Exclusive Negotiating Agreement with a development team comprising of Sacramento-based SKK Developments and Oakland-based UrbanCore, LLC (together, “Developers”) for the acquisition and development of the Property. SKK has a strong track record of completing successful, award-winning, mixed-use projects throughout the region since 1987, including the L Street Lofts, 1801 L, the Mansion, Eleanor Apartments and The Press in downtown and midtown Sacramento, among others.
Similarly, UrbanCore, LLC is well known in the affordable and workforce housing industry and has completed the Cannery Place (affordable) and Eviva Midtown (market rate) in Sacramento and is currently developing Poppy Grove (affordable) in Elk Grove.
As proposed, SKK Developments will lead the development of market-rate residential and commercial uses, while UrbanCore, LLC will lead the affordable housing development portion required under SLA. In total, the Developers’ proposal contemplates the development of 455 residential units, of which 114 units would be affordable to households earning from thirty (30) to sixty (60) percent of the area median income and approximately 30,000 square feet of retail uses. Additionally, the proposal includes a potential hospitality component and shared parking facilities (Exhibit C of Attachment 1). A summary of the proposal follows:
Project Component Developers Proposal
Market-Rate Residential Units 341
Affordable Residential Units 114
Total Residential Units 455
Retail Square Feet 30,000
Hotel Rooms (Estimated) 110-140
Parking Spaces TBD
The proposed ENA will allow the City and Developers twelve (12) months to facilitate the negotiation and preparation of a Disposition and Development Agreement (“DDA”) to further define the purchase terms, development plans and schedule, completion of entitlements and environmental analyses, and preparation of infrastructure or facility reimbursement agreements, as necessary.
The Property is a generational opportunity to influence the riverfront’s transformation westward to the City’s Central Business District (“CBD”) while creating significant value and revenue-generating uses on underutilized or vacant land. During the proposed twelve-month ENA period, the City will be responsible for completing land use and environmental planning and subdivision mapping activities to ensure the Developers have a fully entitled, shovel-ready project site. Staff has initiated these activities through the preparation of technical analyses with AECOM and will execute additional work to support surveying and subdivision mapping activities.
Approval of the ENA will allow the City and Developers to conduct the necessary analysis to define the Property purchase terms, public funding requirements, if needed, and other conditions to be included in the DDA and related agreements to implement the Grand Gateway Master Plan.
Environmental Considerations
This action is not a project subject to CEQA because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Resources Code, § 21065; CEQA Guidelines §§ 15060(c), 15378(a).)
Commission Recommendation
The Grand Gateway Master Plan was completed in 2013 after multiple community, Economic Development and Housing (EDH) Commission and Council workshops. On July 26, 2023, the Director’s Report to the EDH Commission included an update on the Grand Gateway Master Plan RFP. The Commission expressed support for advancing the Grand Gateway Master Plan.
Strategic Plan Integration
Grand Gateway Development is included as part of multiple City Council Strategic Plan Management Agenda items, including recently in 2023 and 2024. The recommended actions will further the City Council’s goal by initiating negotiations to define the disposition and development terms for future Property development.
Alternatives
In addition to the recommended actions, the primary alternatives include:
1. Modify the terms of the ENA with the Developers; 929 Grand Gateway ENA
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2. Postpone consideration of an ENA with the Developers until a later date; or
3. Elect to not execute an ENA with the Developers.
These alternatives are not recommended as the Developers’ project programming fully meets the development objectives of the Grand Gateway Master Plan, which includes a high-density, mixed-use and mixed-income development that the City has long envisioned for the Property. The proposed development meets SLA requirements while adding significant community value through diverse uses and tax generation sources and the Developers have a proven track record of completing similar projects.
Coordination and Review
This report and ENA were developed in coordination with the Community Development Department and with the City Attorney.
Budget/Cost Impact
There are no budget impacts associated with the recommended action. As the ENA and related due diligence process commences, additional data will be obtained to inform pricing and terms of disposing of the property, which will be shared with Council at a later date.
ATTACHMENT
1. Draft Exclusive Negotiating Agreement
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EXCLUSIVE NEGOTIATING AGREEMENT
This Exclusive Negotiating Agreement (“Agreement”) is entered into as of ______________, 2024, by and between the City of West Sacramento, a California general law city (“City”), SKK Developments, LLC, a California limited liability company (“SKK”) and UrbanCore Development, LLC, a California limited liability company (“UrbanCore”) (SKK and UrbanCore may be individually referred to herein as a “Developer” and together referred to herein as “Developers”).
RECITALS
A. Developers have submitted to City a proposal to purchase up to approximately 8.6 acres of property owned by the City for development of the Grand Gateway Village, a mixed-income, mixed-use development in the area shown in Exhibit A (the "Property"), consisting of 7 parcels and various development blocks (“Property Development Blocks”). The development team for the Property includes each Developer and its principals and employees and those entities approved by the City as set forth in Section 4.3 herein (collectively, the “Development Team”).
Developers shall have the ability to phase the purchase and development of the Property, by Property Development Block, as indicated in Exhibit A.
B. City is the current owner of the Property and is interested in the successful development of a mixed-income, mixed-use project on the Property, consistent with its land use designation as defined in the City’s 2035 General Plan and the goals, objectives, design standards, and shared use parking strategies documented in the current Grand Gateway Master Plan (“GGMP”) and pending Grand Gateway zoning designation.
C. Development of the Property shall comply with its designation as Exempt Surplus Land under the California Surplus Land Act (Cal. Gov. Code §§ 54220 et seq.) and include at least 300 residential units with at least twenty-five percent of those units being restricted to lower income households (“Affordable Units”), as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing, as referenced in City Resolution 23-52, attached hereto as Exhibit B.
D. City intends to negotiate and enter into separate Disposition and Development Agreements (each, a “DDA” and together, the “DDAs”) with each of SKK and UrbanCore for the acquisition and development of various parcels of the Property for the “Grand Gateway Village”, a mixed-income, mixed-use development project on the Property (“Improvements”) (the Property and Improvements shall be collectively referred to as the “Project”), and potentially Reimbursement Agreements, and/or other agreements negotiated between the parties. The City and UrbanCore intend to negotiate and enter into a DDA for the acquisition and development of one or more Property Development Blocks for the Affordable Units. The City and SKK Development intend to negotiate and enter into a DDA for the acquisition and development of one or more Property Development Blocks for market-rate residential units and commercial uses. The exact Property Development Blocks associated with each DDA will be defined during the term of this Agreement.
E. The DDAs and other agreements between each Developer (“Project Documents”) shall set forth the terms and conditions for the development of the Project, construction of Improvements on the Property, the phasing of the development of the Project, the Project Attachment 1
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entitlements, and a Project schedule, among other things, and shall provide for the transfer of applicable portions of the Property to each of UrbanCore or SKK, as applicable.
F. The parties intend to enter into this Agreement to provide for a period of exclusive negotiations relating to the Project Documents, pursuant to the terms and conditions set forth below.
Now therefore, City and Developers hereby agree as follows:
AGREEMENT
1. Negotiations.
1.1 Good Faith Negotiations. Each of City and UrbanCore, and City and SKK, agree to negotiate diligently and in good faith regarding the preparation and terms of the Project Documents, to be considered for execution between the City and UrbanCore and the City and SKK, in the manner set forth herein.
1.2 Negotiation Period. This Agreement shall be effective upon the full execution by the parties (“Effective Date”) for a period of twelve (12) months after the Effective Date (“Exclusive Negotiating Period”), subject to automatic extension pursuant to Section 4.4 below. During the Exclusive Negotiating Period, City agrees not to negotiate with any other person or entity regarding development of the Property or any portion thereof. If upon expiration of the Exclusive Negotiating Period, City staff and each Developer have not separately agreed upon all of the terms and conditions, and have not completed a final draft of the Project Documents, for presentation to the City Council, this Agreement shall automatically terminate with respect to only the Developer who has not come to Agreement with City in which case the portion of the Initial Deposit (as defined below) attributable to such Developer shall be refunded to such terminated Developer, unless extended in writing by City and the applicable Developer. For the avoidance of doubt and notwithstanding any other provision of this Agreement, it is the intention of the parties that the rights and obligations of each Developer relating to City, this Agreement and the Project Documents, shall be separate and distinct, and to the extent that that such obligations are fulfilled by one Developer but not the other, the performing Developer shall not be in default and there shall be no remedies available against such performing Developer.
1.3 Deposits. A refundable initial deposit of $50,000 (“Initial Deposit”) shall be paid by Developers to the City within fifteen (15) business days from the Effective Date of this Agreement.
Following the mutual execution of each DDA, the Initial Deposit will become non-refundable to Developers in accordance with and subject to the terms and conditions of each DDA. Each DDA will also provide for an additional deposit to be made by the Developers in the amount of $150,000 (“Additional Deposit”) (to be allocated between the two DDAs in proportion to each Developer’s share described in the following sentence), for a total deposit amount of $200,000. The Initial Deposit and the Additional Deposit shall be funded twenty five percent (25%) by UrbanCore and seventy five percent (75%) by SKK. Pursuant to each DDA, each Developer’s share of the Initial Deposit and the Additional Deposit shall be applicable to the purchase of the applicable portions of the Property purchased by each Developer, respectively.
1.4 Lack of Diligent Good Faith Negotiations.
1.4.1 Developers Lack of Diligent Good Faith Negotiations. In the event that either Developer does not continue to negotiate diligently and in good faith, City shall give 932
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written notice thereof to the applicable Developer who is in default of such obligation (“Defaulting Developer”), which Defaulting Developer shall then have ten (10) working days to commence negotiating in good faith during the Exclusive Negotiation Period. Following the receipt of such notice and the failure of the Defaulting Developer to thereafter commence negotiating in good faith within such ten (10) working days, City may, at its option, terminate this Agreement as to Defaulting Developer only, and the Defaulting Developer’s share of the Initial Deposit shall be returned to the Defaulting Developer, and neither the Defaulting Developer nor the City shall have any further rights against or liability to the other under this Agreement.
1.4.2 City Lack of Good Faith Negotiations. In the event City has not continued to negotiate diligently and in good faith, either Developer may give written notice thereof to City, after which City shall then have ten (10) working days to commence negotiating in good faith during the Exclusive Negotiation Period. Following the receipt of such notice and the failure of City to thereafter commence negotiating in good faith within such ten (10) working days, either Developer may, at its option, terminate this Agreement (without any termination of this Agreement as to the Developer that is not the terminating Developer) and City shall reimburse to the terminating Developer such terminating Developer’s share of the Initial Deposit, without interest.
Neither the failure alone of City to approve or execute the Project Documents signed and submitted by a Developer, nor the failure alone of either Developer and City to reach agreement on the Project Documents by the end of the Exclusive Negotiation Period, shall be considered a failure by City to negotiate diligently and in good faith.
1.4.3 Developer Step-In Rights. Notwithstanding any other provision of this Agreement, in the event that (x) either Developer terminates this Agreement with respect to such Developer’s portion of the Property, (y) City terminates this Agreement as to either Developer, or (z) this Agreement otherwise terminates for any reason as to a Developer (but not the other Developer), then the Developer as to which no such termination has occurred may stepin to and assume the rights and obligations of the Developer as to which such a termination occurred subject to the terms of this Section 1.4.3. Within thirty days (30) days after receipt of written notice from City that this Agreement has terminated with respect to a Developer, the remaining Developer may step-in to and assume the rights and obligations of the Developer as to which such termination occurred, by delivering (i) written notice to the City indicating that the remaining Developer intends to step-in to and assume such rights and obligations, and (ii) delivery to City of the remaining share of the Initial Deposit (such that the total amount of the Initial Deposit being held be City will be restored to $50,000). Within ten (10) working days after the City’s receipt of the balance of the Initial Deposit from the remaining Developer that stepped in (the “Remaining Developer”) to restore the amount of the Initial Deposit to the $50,000 amount required herein, City shall deliver to the Remaining Developer, complete copies of all Project Documents, reports, studies, applications, and other work product in City’s position in relation to the portion of the Project that was previously the responsibility of the terminated Developer. If the Remaining Developer desires to bring in any other developer to complete the development of the terminated Developer’s project, the new developer and the new project will require approval by the City. The Remaining Developer shall provide the City with the proposed identity of the new developer along with any reasonable information requested by the City to complete the City’s review and approval process. Approval of the new developer shall not be unreasonably withheld, conditioned or delayed provided that the project is in substantial conformance with the original development proposal and the development requirements set forth in Recital C of this Agreement.
In the event of any step-in and assumption by a Developer pursuant to this Section 1.4.3, the Developer as to which the termination did not occur shall hold harmless the terminated Developer from and against any and all costs, claims, or damages incurred by such terminated Developer 933
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first arising from after the date of the termination of this Agreement as to such terminated Developer.
2. Feasibility and Right of Early Entry on Property.
2.1 Documents. Promptly after the Effective Date, City will provide to each Developer, any investigations and studies in its possession applicable to the Property.
2.2 Feasibility and Investigations. During the Exclusive Negotiating Period, Development Team may enter the Property for the purposes of conducting its feasibility and investigations, including any surveys and appraisals, collecting soil samples and performing other studies which either Developer feels are necessary for determining the suitability of the Property for development of the Project. Each Developer shall provide City with information regarding the purpose of the entry by or on behalf of the applicable Developer, the location of any sampling to be performed, the time such entry will occur, and written copies of any reports and results. Each Developer agrees to separately (not jointly) indemnify, defend and hold City harmless against claims for damages to persons or property which arise from its Development Team’s entry onto the Property and from on-site activities or omissions of its Development Team, its employees, officers, agents, representatives, contractors, subcontractors or consultants. If either Developer determines that the Property is unsuitable for such Developer’s intended use, this Agreement will terminate as to the terminating Developer only, upon written notice from the terminating Developer to City in which case the terminating Developer’s share of the Initial Deposit shall be returned to the terminating Developer.
2.3 Title. During the Exclusive Negotiating Period, each of Developer may identify any title issues and City shall promptly respond thereto with any proposed corrective action that City is willing to undertake.
3. Development Concept. The negotiations hereunder shall be based on the development concept proposed by the Developers as shown in Exhibit C. In addition, development of the Property shall be required to comply with the City’s General Plan and all other applicable federal, state and local laws, plans, regulations and ordinances.
4. Developers and Obligations.
4.1 Principals. The principal of SKK is Sotiris K. Kolokotronis and the principal of UrbanCore is Michael E. Johnson (each a “Principal”, and together, the “Principals”). Each Principal shall be the parties responsible on behalf the respective Developer for the negotiation of the terms and conditions of the Project Documents on behalf of each of such Developers.
During the Exclusive Negotiating Period, no change may be made to the Principals of the Developers without consent of City, in its sole discretion. Any modifications of the Principals prior to the expiration of the Exclusive Negotiating Period without the prior written consent of City shall constitute a material breach by the applicable Developer under this Agreement and City may, at its option, terminate this Agreement as to such Defaulting Developer by written notice to the Defaulting Developer in which case the Defaulting Developer’s share of the Initial Deposit shall be returned to the Defaulting Developer, and neither the Defaulting Developer nor the City shall have any further rights against or liability to the other under this Agreement.
4.2 Full Disclosure. Developers have made full disclosure to City of its Principals, officers, key managerial employees and other associates, and other material information concerning the Developers and its associates. Any significant change in the Principals, 934
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development managers, and directly involved managerial employees of the Developers shall be promptly disclosed to City by the applicable Developer and shall be subject to the written approval of City.
4.3 Development Team. Each Developer shall submit to City for review and comment executed and proposed agreements for any of the identified service entities of the proposed Development Team, i.e., architect, engineer, environmental consultant, contract, etc., within thirty (30) days from the date of this Agreement. City shall have the right to review and approve the identity of the proposed consultants and the related agreements, which approval shall not be unreasonably withheld, conditioned or delayed.
4.4 Development Proposal. Each Developer shall prepare, at its sole cost and expense, and submit to City for review and approval, a draft development proposal for its respective Project(s) (the “Development Proposal”) within ninety (90) days after the date upon which City delivers to each Developer those items required of City in accordance with the provisions of Section 4.8(a), (b), and (c) below. Notwithstanding any other provision of this Agreement, the Exclusive Negotiating Period set forth in Section 1.2 above shall automatically extend for such period of time as is necessary to afford each Developer the requisite one ninety (90)-day period to deliver its Development Proposal as contemplated by the foregoing sentence.
The Development Proposal shall include the following:
Preliminary Design Concept, including plaza component Estimated Development Costs and Budget
Development and Operating Proforma
Preliminary Design Plans
Preliminary Financing Plan
Preliminary Development Schedule
The Development Proposal shall include, but not be limited to, the planned number of residential units, including a determination of the number of market-rate and Affordable Units, including level of affordability and location, approximate square footage of retail space, number of hotel rooms (if applicable), and number of structured and surface parking spaces. The Development Team shall coordinate with the City on the plaza design and shall incorporate such plaza design into the Development Proposal.
In the event that either Developer fails to submit or resubmit the complete Development Proposal to City within the time set forth in this Section, City may, at its option, terminate this Agreement with respect to the Defaulting Developer by written notice to the Defaulting Developer in which case the Defaulting Developer’s share of the Initial Deposit shall be returned to the Defaulting Developer, unless the time to submit has been extended by the City in writing. After such termination by City with respect to the Defaulting Developer and the refund of the applicable amount of the Initial Deposit, neither City nor such Defaulting Developer shall have any further rights against or liability to the other under this Agreement.
4.5 Grants. Developers recognize that the City may seek grant funding to support design and construction of off-site and/or on-site improvements and other public amenities within or adjacent to the Development Blocks. The City shall give each Developer not less than thirty (30) days’ advance written notice of City’s intention to accept any grant funding that will require participation and assistance of either Developer. Subject to the City’s satisfaction of the notice 935
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obligation set forth in the foregoing sentence, each Developer agrees to cooperate with the City, at no material cost to either of the Developers, in pursuit of such grant funding.
4.6 Development Team Agreements. Each Developer shall submit to City for review and approval executed agreements between such Developer and the members of its Development Team within thirty (30) days from the date the Development Proposal is approved by the City in writing, or two hundred seventy (270) days after the Effective Date of this Agreement, whichever occurs first.
4.7 General Business Terms and Conditions. Each Developer and City shall work diligently and in good faith to complete negotiations and preparation of the general business terms and conditions of its respective draft Project Documents for acquisition and development of the applicable portion of Property within sixty (60) days from the date of the Development Proposal is approved by the City in writing.
4.8 Other Completion Items. Each Developer and City shall complete the following items prior to the expiration of the Exclusive Negotiation Period:
(a) The City shall conduct the following studies: environmental site assessment (including a Phase I Environmental Site Assessment, and if required based on the findings of the Phase I Environmental Site Assessment, a Phase II Environmental Site Assessment), biological, noise, topographic survey, and utility.
Each Developer shall, at its own expense, conduct any market, geotechnical, site, or other studies as it deems necessary with respect to its portion of the Project; (b) The City shall complete the environmental review and documentation in accordance with the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA), if applicable;
(c) The City shall prepare a tentative subdivision and final map, and complete, and record on title, a Grand Gateway Master Plan Zoning District for the Property; and
(d) The City and each Developer shall complete final drafts of the Project Documents, reimbursement agreement(s), plaza design, shared parking solution and/or other agreements as necessary in connection with infrastructure development, off-site and on-site improvements, and reimbursement of costs within an agreed upon schedule to coordinate with each Developer’s overall project schedule.
4.9 Each Developer’s Findings, Determinations, Studies and Reports.
Notwithstanding any other time provisions in this Agreement, each Developer agrees to make oral and written progress reports from time-to-time (as requested by City) advising City on all matters and all studies being made by such Developer’s Development Team. In the event City and either Developer does not enter into Project Documents prior to termination of this Agreement, such Developer shall submit to City, without representation or warranty of any nature, copies of all studies and reports prepared for such Developer’s proposed development of its portion of the Project and copies of all third party service provider contracts applicable thereto.
Without representation or warranty by either Developer and subject to the limitations and rights of such service providers, City may use and benefit from all such studies and reports to the 936
2516182.9 7203.546 7
greatest extent permitted. The City shall hold each Developer harmless from and against any and all costs, claims or damages incurred by such use.
5. City Obligations.
5.1 Development Team. City shall review and approve or disapprove the identified service entities and related agreements submitted by each Developer in accordance with Section
4.3 of this Agreement, which approvals shall not be unreasonably withheld, within seven (7) days of the date such information is received by City. In the event City disapproves of any matter requiring its approval, City shall give the applicable Developer written notice of the basis for such disapproval and shall specify what is required in order to obtain such City approval. Each Developer may thereafter resubmit any such previously disapproved item(s).
5.2 Development Proposal. City shall review and either approve or disapprove the Development Proposal submitted by the Developers in accordance with Section 4.4 of this Agreement within thirty (30) days of the date the Development Proposal is received by City. In the event City disapproves the Development Proposal, City shall give the Developers written notice of the basis for such disapproval and shall specify what is required in order to obtain City approval of the Development Proposal. Each Developer shall then have sixty (60) days from the date of the disapproval notice from the City to resubmit a modified Development Proposal in accordance with Section 4.4.
5.3 Development Entity. City shall review and either approve or disapprove the executed Development Entity formation documents submitted by the Developers in accordance with Section 4.6 of this Agreement within fourteen (14) days of the date such information is received by City. In the event City disapproves the Development Entity formation documents, City shall give the Developers written notice of such disapproval. The Developers shall then have ten (10) working days from the date of the notice to resubmit new documentation in accordance with Section 4.6.
6. CEQA and NEPA Responsibilities. The City shall be the lead agency for purposes of preparing any environmental review documentation required for approval of the Project pursuant to the California Environmental Quality Act ("CEQA") and National Environmental Policy Act (“NEPA”), as applicable. Developers hereby acknowledge and agree that City shall, in its sole discretion, determine the appropriate level of environmental review required pursuant to CEQA and NEPA and shall coordinate with an environmental consultant in this determination, if necessary. Each Developer and City shall cooperate in preparing the environmental review documents and shall supply necessary technical data and other related information and/or development plans concerning its respective proposed development of the Property. The City agrees to facilitate a streamlined CEQA process with the City.
6.1 CEQA Challenge. In the event of a CEQA challenge, City shall, in its sole discretion, determine the appropriate defense, if any, to such challenge.
7. Third Parties.
7.1 Third Party Costs. Each party shall be solely responsible for its own third-party expenses and costs contemplated by this Agreement.
7.2 Each Developer’s Third-Party Contracts. Each Developer shall make a good faith effort to ensure that all third party service provider contracts entered into by each respective 937
2516182.9 7203.546 8
Developer for plans, specifications, studies, reports, surveys, and other documents relating to the development of the Project provide for the assignment to City and use by the City of the subject matter associated with the materials prepared pursuant to the contract. Developers’ obligations shall be without any representations or warranties on the part of the Developers or third parties as to the accuracy, completeness, contents or ownership of such studies and reports.
8. Purchase Price. The purchase price and/or other consideration to be paid by each Developer for its respective portion of the Property under the Project Documents will be established as mutually agreed to by each of the parties during the Exclusive Negotiating Period.
9. Final DDA.
9.1 DDA Entered Into. This Agreement shall automatically terminate upon execution of each DDA.
9.2 DDA Not Entered Into – No-Fault of Any Party. If, despite diligent efforts, City and either Developer are unable to agree upon the terms and conditions of its respective DDA, then either City or the applicable Developer may terminate this Agreement with respect to such Developer only in which case the applicable Developer’s share of the Initial Deposit shall be returned to such Developer, and neither City nor the applicable Developer shall have any further rights against or liabilities to the other under this Agreement.
10. Real Estate Commissions. City and Developers each warrant to the other that no person or entity can properly claim a right to a commission, finder's fee, or other compensation with respect to the transaction contemplated by this Agreement. If any broker or finder makes any claim for a commission or finder’s fee, the party through which the broker or finder makes such claim shall indemnify, defend and hold the other party harmless from all liabilities, expenses, losses, damages or claims (including the indemnified party’s reasonable attorneys’ fees) arising out of such broker’s or finder’s claims.
11. California Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California.
12. Limitations of this Agreement.
12.1 The sole purpose of this Agreement is to facilitate the timely preparation of Project Documents and associated documents for the development of the Property. This Agreement is not a purchase agreement nor a “Development Agreement” (as that term is defined and used in Government Code Sections 65864 et seq.).
12.2 This Agreement does not commit City to entering into any further agreement with the Developers, nor does it commit City in any way to expending any funds in connection with the development of the Property, approving any request by Developers in connection with the development of the Property, or approving any proposed project, in whole or in part, on the Property. Except for the rights expressly granted herein, nothing contained in this Agreement shall be construed to grant Developers any vested rights.
12.3 This Agreement does not constitute a disposition of property or exercise of control over property by City and does not require a public hearing. Execution of this Agreement does not constitute “approval” of a “project,” as those terms are defined in the California Environmental Quality Act. Execution of this Agreement by City is merely an agreement to enter into a period of 938
2516182.9 7203.546 9
exclusive negotiations according to the terms hereof, reserving final discretion and approval, which is not guaranteed, by City as to any DDA and all proceedings in connection therewith.
13. Non-Assignability. This Agreement shall not be transferred or assigned by either of the Developers.
14. Authorization. City and Developers represent and warrant that this Agreement has been duly executed by City and Developers and that this Agreement is a legal, valid, and binding obligation of City and Developers and is enforceable in accordance with its respective terms.
Concurrent with the Developers’ execution of this Agreement, Developers shall deliver to City conclusive evidence that the members executing this Agreement on behalf of the Developers is fully authorized to bind the Developers.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set opposite their signatures. The Agreement shall become effective as of the Effective Date.
DEVELOPERS:
SKK Developments, LLC
a California limited liability company
By: Date: ___________________
Name: Sotiris K. Kolokotronis
Title: Manager
UrbanCore Development, LLC,
a California limited liability company
By: Date: ___________________
Name: Michael E. Johnson
Title: President & CEO
CITY:
City of West Sacramento,
a California municipal corporation
By: Date: ___________________
Name: ___________________________________
Title: ___________________________________
APPROVED AS TO FORM BY:
By: ____________________________________
City Attorney
939
Exhibit A
EXHIBIT A
Property Depiction
940
Grand Gateway Site Map
EXHIBIT A
941
Exhibit B
EXHIBIT B
City Resolution 23-52
942
RESOLUTION 23-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO, CALIFORNIA, DECLARING CERTAIN REAL PROPERTIES IDENTIFIED AS 811-826 WEST CAPITOL AVENUE (APNS 067-320-007, 067-330-002, 067-330-017, 008-150-033, 008-150-066, AND 008-150-067) AS EXEMPT SURPLUS LAND
WHEREAS, the City of West Sacramento ("City") is the owner in fee simple of certain real properties situated in the City identified as 811-826 West Capitol Avenue (APNs 067-320- 007, 067-330-002, 067-330-017, 008-150-033, 008-150-066, and 008-150-067) and containing approximately 8.21 acres as described in Exhibit "A", attached hereto and made a part of hereof ("Property"); and
WHEREAS, the California Surplus Lands Act (Cal. Gov. Code§§ 54220 rt seq.) ("Act") as modified by California Assembly Bill 1486, effective October 9, 2019, provides the framework and state law requirements for disposal of a local agency's surplus real property; and WHEREAS, under the Act, surplus land is land owned in fee simple by the City for which the City takes formal action in a regular public meeting declaring the land is surplus or exempt surplus land and not necessary for the City's use currently or in the near future; and WHEREAS, the City desires to declare that the properties located at 811-826 West Capitol Avenue are exempt surplus land; and
WHEREAS, the City desires improvement of the properties located at 811-826 West Capitol Avenue to facilitate mixed-income, mixed-use compact urban infill development of at least 300 residential units with at least twenty-five percent of the units being restricted to lower income households, as defined in Section 50079.5 of the Health and Safety Code, with an affordable sales price or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental housing and 45 years for ownership housing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Sacramento as follows:
SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution.
SECTION 2. The City Council hereby declares that the properties located at 811-826 West Capitol Avenue are exempt surplus land and not necessary for the City's use.
SECTION 3. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA "). City staff has determined that the designation of this Property as surplus land does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. Adoption of the Resolution and declaring this Property surplus land does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. If and when the Property is sold to a purchaser and that purchaser proposes a use for the Property that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA.
SECTION 4. The City Manager, or designee, is further directed to do all things which they may deem necessary or proper to effectuate the purposes of this resolution including negotiating in good faith in accordance with the requirements of the Act with any of the designated entities that submit a written notice of interest to purchase or lease the Property in compliance with the Act.
DocuSign Envelope ID: 9F421831-52A2-43FB-8EFA-DFC021848289
EXHIBIT B
943
SECTION 5. The City Clerk shall attest to the passage of this resolution, and it shall thereupon be in full force and effect.
PASSED AND ADOPTED this 28th day of June, 2023 by the following vote:
AYES: Early, Orozco, Sulpizio Hull, Guerrero.
NOES: None.
ABSENT: Alcala
Martha Guerrero, Mayor
ATTEST:
Jennifer Cusmir, City Clerk
DocuSign Envelope ID: 9F421831-52A2-43FB-8EFA-DFC021848289 944
Exhibit A
(See Attached Legal Descriptions for Real Property)
DocuSign Envelope ID: 9F421831-52A2-43FB-8EFA-DFC021848289 945
Legal Description for APN 067-320-007-000
The land described herein is situated in the State of California, County of Yolo, City of West Sacramento, described as follows:
Parcel One:
Beginning at a point in the South line of the California State Highway right of way designated as Yolo County Route 6, Section C, that is situate South 21° 33' 30" West along the line common to Swamp Land Surveys numbered 770 and 511, 104.98 feet from the corner common to Swamp Land Surveys numbered 770 and 979; thence from said point of beginning South 21° 33' 30" West, along said line common to Swamp Land Surveys numbered 770 and 511, a distance of 379.68 feet; thence North 73° 45' 30 East, along a line parallel with the South line of said State Highway right of way, a distance of 382.71 feet to the Westerly line of the California State Highway right of way; thence North 16° 14' 30" West along the Westerly line of the State Highway right of way, a distance of 277.31 feet; thence continuing along said right of way line and along a curve to the left having a radius of 94.00 feet and a chord bearing North 76° 47' 17" West 45.85 feet, a distance along the curve of 46.32 feet; thence along the South line of the State Highway right of way, South 73° 45' 30" West 110.25 feet to the point of beginning.
Excepting therefrom, that portion thereof described in the Final Order of Condemnation rendered October 10, 2007, in Superior Court, County of Yolo, Case No. ED06-727, entitled City of West Sacramento v. Shirish B. Patel, et al., a certified copy of which was recorded October 17, 2007, as Instrument No. 2007-0035703, Official Records.
Parcel Two:
A portion of Swamp Land Survey No. 770 in projected Section 34, Township 9 North, Range 4 East, M.D.M., described as follows;
Commencing at the Northwest corner of said Swamp Land Survey No. 770; thence South 21° 13' 52" West, 104.98 feet to a point on the Southeasterly right of way of West Capitol Avenue (formerly California State Highway, Yolo County Route 6, Section C); thence North 73° 29' 18" East, 110.61 feet to a point on the Westerly right of way line of the California State Highway right of way, thence along said State right of way and the arc of a non-tangent curve, concave to the South, having a radius of 94.00 feet, the chord of which bears South 78° 00' 04" East,45.85 feet; thence continuing along said State right of way, South 16° 34' 08" East, 90.26 feet, to the Point Of Beginning; thence leaving said Westerly right of way line along the arc of a non-tangent curve, concave to the Southwest, having a radius of 268.00 feet, the chord of which bears South 51° 13' 38" East, 10.46 feet; thence South 40° 51' 11" West, 3.00 feet; thence along the arc of a non-tangent curve , concave to the Southwest, having a radius of 265.00 feet, the chord of which bears South 37° 31' 36" East, 115.55 feet to a point of compound curvature; thence along the arc of a curve to the right, having a radius of 141.50 feet, the chord of which bears South 18° 15' 24" East, 32.91 feet; thence South 11° 34' 46" East, 36.59 feet; thence South 73° 25' 07" West, 42.54 feet to a point on the West line of said State right of way; thence along said State right of way, North 16° 34' 08: West, 187.48 feet, to the Point Of Beginning.
APN: 067-320-007-000
946
Legal Description for APN 067-330-002-000
The land described herein is situated in the State of California, County of Yolo, City of West Sacramento, described as follows:
Commencing at a point on the Southwesterly line of that certain parcel of land conveyed to the State of California by deed dated January 31, 1950 and recorded March 30, 1950 in Book 315 of Official Records at Page 419, Yolo County Records, that bears North 73° 33' 00" East 50.86 feet and thence along the arc of a curve to the right having a radius of 492.96 feet, through a central angle of 00° 27' 52" an arc distance of 4.00 feet from the point of intersection of the Southerly line of West Capitol Avenue with the Westerly line of that certain parcel of land described in the deed to James R. Mason et ux., dated January 30, 1950 and recorded March 30, 1950 in Book 315 of Official Records at Page 417, Yolo County Records to the point of beginning; thence from said point of beginning along the said Southwesterly line of the said parcel so conveyed to the State of Cailfornia, in the first mentioned deed on a curve to the right having a radius of 492.96 feet; through a central angle of 21° 09' 47" an arc distance of 182.08 feet; thence North 42° 53' 47" East 25.00 feet; thence along a curve to the left having a radius of 517.96 feet; through a central angle of 17° 46' 20" an arc distance of 160.66 feet; thence South 73° 33' 00" West 38.97 feet to the point of beginning.
APN: 067-330-002-000
947
Legal Description for APN 067-330-017-000
The land described herein is situated in the State of California, County of Yolo, City of West Sacramento, described as follows:
Parcel One:
Beginning at a point on the Southwesterly line of that certain parcel of land conveyed to the State of California by deed dated January 31, 1950 and recorded March 30, 1950 in Book 315 of Official Records at Page 419, Yolo County Records, that bears North 73° 33' 00" East 50.86 feet and thence along the arc of a curve to the right having a radius of 492.96 feet, through a central angle of 00° 27' 52" an arc distance of 4.00 feet from the point of intersection of the Southerly line of West Capitol Avenue with the Westerly line of that certain parcel of land described in the deed to James R. Mason, et ux., dated January 30, 1950 and recorded March 30, 1950 in Book 315 of Official Records, at Page 417, Yolo County Records; running thence along the said Southwesterly line of the said parcel so conveyed to the State of California, in the first mentioned deed on a curve to the right having a radius of 492.96 feet; through a central angle of 21° 09' 47", an arc distance of 182.08 feet; thence North 42° 53' 47" East 25.00 feet; thence along a curve to the right having a radius of 517.96 feet, through a central angle of 10° 10' 26", an arc distance of 91.97 feet; thence South 36° 55' 47" East 52.57 feet; thence South 66° 22' 49" West 58.77 feet to a point on the center line of a 60 foot road known as Tower Court; thence North 81° 29' 00" West along the last named line, 237.00 feet; thence leaving the said center line and running thence North 08° 31' 00" East 178.34 feet to the point of beginning.
Parcel Two:
A portion of Swamp Land Survey No. 979, described as follows:
Beginning at the Southwestern corner of the parcel of land described in the deed to James Mason, et ux., recorded March 30, 1950 in Book 315 of Official Records at Page 417; running thence along the Western line thereof North 8° 31' East 157.77 feet to the Southeastern line of West Capitol Avenue; thence along said line North 73° 33' East 50.86 feet to the most Western corner of the parcel of land described in the deed to the State of California, recorded March 30, 1950 in Book 315 of Official Records at Page 419; thence along the Southwestern line thereof along a curve to the right having a radius of 492.96 feet, through a central angle of 0° 27' 52", an arc distance of 4.00 feet to the Western line of the parcel of land described in the deed to Shmariahu Abilouitz, et al., recorded August 16, 1966 in Book 834 of Official Records at Page 497; thence along said line South 8° 31' West 178.34 feet to the Southern line of said Mason parcel, in deed recorded in Book 315 of Official Records at Page 417; thence along said line North 81° 29' West 50.00 Feet to the point of beginning.
Parcel Three:
That portion of Swamp Land Survey No. 979, shown on the Map of the Reed Orchard Co., filed in Book 5 of Maps and Surveys, at Page 44, Yolo County Records, described as follows:
Beginning at a point on the center line of the California State Highway alignment South of the Town of Broderick designated as station 746+31.1 from which the Southwest corner of S.L.S. 979 bears South 84° 25' 50" West 121.63 feet; and extending thence North 73° 33' East 530.6 feet along said center Line; thence South 8° 31' West 223.95 feet to the center line of interacting State Highway alignment; thence North 81° 29' West 481.00 feet along said latter centerline to the point of beginning. 948
Parcel Four:
Beginning at a point marked by an old angle-iron monument on the line common to Swamp Land Surveys Nos. 770 and 979, Yolo County Surveys, said line also being the South line of County Road 138-A, at a point distant South 81° 17' East, 391.55 feet from the Northwest corner of said Swamp Land Survey No. 770; thence from said point of beginning South 8° 43' West, 162.35 feet to the Northerly line of the state freeway property as conveyed to the State of California, by deed dated April 4, 1950 and recorded May 25, 1950 in Book 321 of Official Records at Page 225; thence along said freeway property along a steel fence line and along a curve to the right with a radius of 214 feet, through a central angle of 18° 06' 50" an arc distance of 67.65 feet (the chord of which curve bears North 46° 00' 18" West 67.37) to a point in the Easterly line of that certain parcel of land conveyed to Arthur A. Nyberg, by deed recorded in Book 297 of Official Records at Page 460; thence North 8° 43' east along said Easterly line of said Nyberg property, a distance of 123.44 feet to a point on the South line of County Road No. 138-A; thence along the said South line, South 81° 17' East 55.00 feet to the point of beginning.
Parcel Five:
A portion of Swamp Land Survey No. 770, Yolo County Records, acquired by the State of California by Final Order of Condemnation recorded January 4, 1951 in Book 333 of Official Records at Page 438, Yolo County Records.
Said portion is all that part thereof lying within the following described boundaries:
Beginning at a point that bears 50 feet Northeasterly, measured radially from the "H2" line at Engineer's Station "H2 17+04.50 of the Department of Public Works, 1946 Survey between Yolo Causeway and Tower Bridge, Road III-YOL-6-C, said point of beginning is also shown in that certain Highway Map Book No. 1 at Page 262, filed September 19, 1958, Yolo County Records; thence (1) from said point of beginning North 08° 29' 10" East 124.36 feet; thence (2) North 81° 30' 50" West 79.24 feet; thence (3) South 22° 55' 22" West 17.11 feet; thence (4) South 27° 41' 30" East 96.26 feet; thence (5) along a curve to the left with a radius of 214.00 feet, through an angle of 10° 47' 02" an arc length of 40.28 feet (the chord of which curve bears South 33° 05' 01" East 40.22 feet) to the point of beginning.
Parcel Six:
Beginning at a point on the line common to Swamp Land Survey No. 979 and 770, Yolo County Surveys, that is distant South 81° 17' East 391.55 feet from the Northwesterly corner of said SLS 770; thence continuing along said Northerly line of said SLS 770, South 81° 17' East 55.00 feet; thence at right angles thereto, South 8° 43' West 178.88 feet to the Northerly line of the State of California freeway as described in that certain deed from Carl Ricci, et al., to the State of California by deed recorded in Book 319 of Official Records at Page 256, Yolo County Records; thence along said Northerly line of said freeway and along a curve to the right having a radius of 214.00 feet, a central angle of 15° 28' 56", a distance along the arc of 57.83 feet, the chord of which bears North 63° 50' 32" West 57.65 feet to the West line of the Ricci property; thence North 8° 43' East along said line 161.60 feet to the point of beginning.
Parcel Seven:
Beginning at a point on the line common to Swamp Land Survey No. 979 and No. 770, Yolo County Surveys, that is distant South 81° 17' East, 446.55 feet from the Northwesterly corner of said SLS 770; thence continuing along said Northerly line of said SLS 770; South 81° 17' East, 55.00 feet to the Northeast corner of the Ricci property; thence at right angles thereto, South 8° 43' West, 181.10 feet to the Northerly line of the State of California freeways as described in that certain deed from Carl Ricci, et al., to the State of California recorded in Book 319 of Official Records at Page 256, Yolo County Records; thence along said Northerly line of said freeway and along a curve having a radius of 214.00 feet, a central angle of 14° 46' 47" a distance along the arc of 55.20 feet, the 949
chord of which bears North 78° 58' 23" West, 55.05 feet; thence North 8° 43' East, parallel with the East line of said Ricci property, 178.88 feet to the point of beginning.
Parcel Eight:
Beginning at a point on the line common to Swamp Land Surveys Nos. 979 and 770 in the County of Yolo, State of California that is situated South 81° 17' East 501.55 feet from the Northwesterly corner of said Swamp Land Survey No. 770 and extending thence South 81° 17' East along the line common to first mentioned Swamp Land Survey Nos. 979 and 770 a distance of 377.36 feet to a property corner; thence at right angles along property line having a bearing of South 8° 43' West a distance of 381.82 feet to a property corner, which point is also located in the Northerly line of the State Box Company property; thence at right angles along the Northerly line of the State Box Company property North 81° 17' West a distance of 377.36 feet to a property corner; thence at right angles along a property line having a bearing of North 8° 43' East a distance of 381.82 feet to the point of beginning.
Excepting therefrom that portion thereof, acquired by the State of California by Final Order of Condemnation dated January 14, 1953 in Book 383 of Official Records at Page 437, Yolo County Records.
Parcel Nine:
All that portion of Swamp Land Surveys Nos. 770 and 979, Yolo County Surveys, described as follows:
Beginning at the point of intersection of the Southerly line of Tower Court, a public street 60.00 feet in width, with the Easterly line of the California State Highway right of way described in deed recorded in Book 333 of Official Records at Page 438, Yolo County Records; thence from said point of beginning along the right of way line of said state highway as described in deeds recorded in Book 91 of Deeds, Page 102 and in Book 111 of Deeds, Page 26 and in Book 28 of Official Records, at Page 68, Yolo County Records, the following three courses:
(1) North 22° 55' 22" East 32.43 feet; (2) North 73° 33' 00" East 122.80 feet; and (3) South 08° 31' 00" West 23.24 feet to the Northerly line of said Tower Court; thence, along the Northerly line of said Tower Court South 81° 29' 00" East 558.57 feet to a point on the Easterly line of that certain parcel of land described in Book 834 of Official Records at Page 497, said point also being a point on the California State Highway as described in deed recorded in Book 383 of Official Records at Page 437; thence along said right of way line South 66° 59' 00" West 112.80 feet to a point on the Southerly line of said Tower Court; thence along said Southerly line North 81° 29' 00" West 582.44 feet to the point of beginning.
Excepting therefrom any portion thereof lying within Parcels One, Two and Three described above.
APN: 067-330-017-000
950
Legal Description for APN 008-150-033-000
The land described herein is situated in the State of California, County of Yolo, City of West Sacramento, described as follows:
Beginning at a point on the centerline of the California State Highway Right of Way, also known as West Capitol Avenue, South of the Town of Broderick, Yolo County, California, that is situate South 21°33'30" West, 29.05 feet and North 73°45'30" East 28.67 feet from the Southwest corner of S.L.S. NO. 979 of Yolo County Surveys, and extending thence from said point of beginnig North 16°14'30" West 452.67 feet to the South right of way line of the Sacramento Northern Railroad; thence South 71°15'50" East along said Southerly right of way line of Sacramento Northern Railroad, 122.04 feet; thence South 16°14'30" East 382.71 feet to the centerline of said California State Highway; thence South 73°45'30" West, along said centerline of said State Highway, 100.00 feet to the point of beginning.
APN: 008-150-033-000
951
Legal Description for APN 008-150-066-000
The land described herein is situated in the State of California, County of Yolo, City of West Sacramento, described as follows:
Parcel A, as shown on Parcel Map entitled Parcel Map No. 2968, filed for record September 29, 1981, in Book 6 of Parcel Maps, Page 30.
APN: 008-150-066-000
952
Legal Description for APN 008-150-067-000
The land described herein is situated in the State of California, County of Yolo, City of West Sacramento, described as follows:
Parcel B, as shown on Parcel Map entitled Parcel Map No. 2968, filed for record September 29, 1981, in Book 6 of Parcel Maps, Page 30.
APN: 008-150-067-000
953
Exhibit C
EXHIBIT C
Development Concept
954
EXHIBIT C
Development Concept
955
CITY COUNCIL AGENDA REPORT
MEETING DATE: June 26, 2024 ITEM # 9
CONSIDERATION OF APPROVAL OF A DEFERRED IMPROVEMENT AGREEMENT FOR THE BRIDGE DISTRICT PHASE 6 APARTMENTS PROJECT (999 RIVERFRONT STREET, APN 058-320-086)
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Traci Michel, Director
Economic Development and Housing Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action
OBJECTIVE
The purpose of this item is to facilitate the Council’s consideration of a Deferred Improvement Agreement with TBD Phase VI LP, a California limited partnership (Developer) for the Phase 6 Apartments Project located in the Bridge District.
RECOMMENDED ACTION
Staff respectfully recommends that the Council:
1. Find that the proposed Deferred Improvement Agreement is exempt from the California Environmental Quality Act (CEQA) pursuant to §15182 (Projects Pursuant to a Specific Plan) and §15183 (Projects Consistent with a Community Plan or Zoning) of the CEQA Guidelines;
2. Authorize the City Manager or his designee to execute the Deferred Improvement Agreement for the Bridge District Phase 6 Apartments Project in substantially the form attached; and
3. Authorize the City Manager or his designee to take any actions necessary to effectuate the Agreement, including but not limited to making non-substantive modifications, and executing additional agreements that effectuate the purpose of this document, all as approved by the City Attorney.
BACKGROUND
The Phase 6 Apartments Project is a mixed-use development located in the Bridge District just south of The Barn and north of Mill Street. This seven-story project will consist of 21 ground floor townhome units fronting on Riverfront and Mill streets and 239 apartment units located above podium parking. The townhome units on Riverfront Street are envisioned to be live-work units. A mixed-use amenity building located north of the residential building will include retail space on the ground level, a fitness area and pool on the second level and office space on the remaining levels. This project will provide the City with multiple benefits, including new housing opportunities, office space, including relocation of Fulcrum Properties and Brown Construction offices to the property and live-work units that enhance the pedestrian experience for Bridge District residents and visitors.
The City Council entered into a Development Agreement with the Developer in 2010 to develop multiple properties in the Bridge District, including the property located at 999 Riverfront Street. The Developer submitted plans for the Phase 6 Apartments Project in 2022 and received design review approval on January 12, 2023, and a condominium map approval on August 17, 2023. Financing for the Project is in place and the Developer is now ready to commence construction of the project.
ANALYSIS
As part of the Project development, the Developer is required to construct an emergency access road along the east side of the property, adjacent to the Riverfront Trail. A portion of these improvements are located within the Central Valley Flood Protection Board (CVFPB) setback area and cannot be constructed until permits are obtained from CVFPB and potentially another from the U.S. Army Corps of Engineers (USACE), which are in process. Applications for these permits were submitted in 2023 and expected to be approved within six to nine months.
Typically, the City requires these permits to be in hand prior to receiving a Building Permit. However, doing so would delay the project moving forward, impact project financing and likely compromise the entire development.
Considering the City’s and Developer’s mutual interest in moving the project forward, staff recommends allowing the Developer to commence project construction, subject to the terms of the Deferred Improvement Agreement.
The primary purpose of the Deferred Improvement Agreement is to create an accountable framework within 956
Phase 6 Apartments Deferred Improvement Agreement
June 26, 2024
which the Developer can move forward with the Project while concurrently pursuing the CVFPB and USACE permits necessary to construct the required frontage improvements.
As part of its normal plan check process, the West Sacramento Fire Department reviews large projects to assure that they have sufficient emergency access during both construction and operation of the project. The Fire Department has determined that the Phase 6 Project will require an emergency access road for this purpose.
However, portions of this road are located in the CVFPB setback area and cannot be constructed until CVFPB and potentially USACE permits are received.
Standard practice for the City is to have public improvements required to constructed and dedicated as part of a private project, completed in advance of private improvements. However, due to the City’s shared interest in moving the Phase 6 Project forward, and given that permit applications are already in process with CVFPB, staff recommends approval of the Deferred Improvement Agreement at this time. The Agreement provides a set of terms under which the Developer can commence construction of the Project safely, while deferring construction of the emergency access road until such time the necessary permits are obtained. The Agreement also requires that construction of the emergency access road be completed before the Project becomes operational.
Therefore, the Developer will not be able to obtain a Certificate of Occupancy or Temporary Certificate of Occupancy until the emergency access road is completed to the satisfaction of the Fire Chief or designee.
By allowing construction of the Project to commence while state and/or federal permits are in process, the Developer is accepting the risk of having a partially or fully constructed building that cannot be occupied safely until such time the CVFPB and/or USACE permits have been received and the required improvements completed.
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 §15182 (Projects Pursuant to a Specific Plan) and §15183 (Projects Consistent with a Community Plan or Zoning) of the CEQA Guidelines. The Phase 6 Apartment Project is located within the Bridge District Specific Plan and is consistent with the specific plan, as well as the EIR for the Fulcrum Project which was certified by City Council on February 11, 2009. The Deferred Improvement Agreement would not cause any new or more severe impacts on the physical environment.
Commission Recommendation
N/A
Strategic Plan Integration
N/A
Alternatives
In addition to the recommended action, the Council’s primary alternatives are summarized below:
1. Authorize the City Manager or designee to execute the Deferred Improvement Agreement subject to specific changes directed by the Council; or
2. Decline to authorize the City Manager or designee to execute the Agreement and direct staff to return to the Council at a future date.
Alternatives 1 and 2 are not recommended as they would result in project delays. The Developer is prepared to commence construction in July, but without the Deferred Improvement Agreement, they cannot pull Building permits.
Coordination and Review
This report was prepared by the Economic Development and Housing Department with the assistance of the Community Development Department, Fire Department and the City Attorney’s Office.
Budget/Cost Impact
There are no budget impacts to the recommended action. All staff costs associated with administering the Agreement will be billed to the Project.
ATTACHMENTS
1. Location Map
2. Deferred Improvement Agreement
957
Attachment 1
The Bridge District Phase 6 Apartments Project Location Map 958
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Attachment 2
DEFERRED IMPROVEMENT AGREEMENT
This Deferred Improvement Agreement ("Agreement") is made and entered into June 26, 2024 ("Effective Date"), by and between the City of West Sacramento, a California municipal corporation ("City") and TBD Phase VI LP Limited Partnership, a California limited partnership ("Developer").
RECITALS
A. Developer is the owner of certain real property located at 999 Riverfront Street, City of West Sacramento, County of Yolo, State of California, APN 058-350-072, legally described in Exhibit A, attached hereto and incorporated herein ("Property").
B. In connection with the development of the Phase 6 Apartments mixed-use development project on the Property ("Project"), Developer is required to construct public safety fire access road improvements and frontage improvements in accordance with the Design Review Plans approved on January 12, 2023, and a condominium map approved on August 17, 2023.
C. A permit is needed from the Central Valley Flood Protection Board ("CVFPB") for construction of the fire access road improvements and frontage improvements that are located in the CVFPB easement area of the Property, and while Developer has applied for the CVFPB permit, Developer has not yet received it.
D. Developer has requested Building Permit approval prior to Developer’s receipt of the CVFPB permit and construction of the fire access and frontage improvements, and the City agrees to allow Developer to defer construction of those improvements under the terms set forth herein as allowed by the City Municipal Code.
NOW, THEREFORE, the parties agree as follows:
AGREEMENT
1. Performance of Work. Developer agrees to furnish, construct, and install at the Developer’s own expense public safety fire access road improvements and frontage improvements pursuant to the plans submitted to the City for Building Permit (“Plans”) (the "Required Improvements"). The total estimated cost of the Required Improvements is One Hundred and Fifty Thousand Dollars ($150,000.00) and will be determined by the City Engineer and incorporated into the Project’s Encroachment Permit. Upon the City's receipt of its contractor's estimate for the Required Improvements, the City may require an increase in the amount of security to reflect those updated costs, which shall be paid in accordance with Section 10.1 below. If such contractor’s estimate for the Required Improvements is less than the estimated cost set forth in this section, the City shall release the amount of security accordingly.
The Developer will only be required to build the Required Improvements if the Project is constructed.
(a) [Intentionally Omitted.]
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(b) CVFPB Permit.
(i) Receipt of Permit. If the Developer’s application for a CVFPB permit is approved, then Developer shall complete the Required Improvements pursuant to the Plans.
City approval of the Plans for the Required Improvements shall be deemed approval of the “Final Plans and Specifications.” Developer shall not make any modifications to the Final Plans and Specifications without the City's written consent. The City Engineer, or his/her designee, may require additional changes or modifications due to errors, omissions, or changes in conditions, if and when the Project proceeds to construction. Upon such approval by the City, Developer shall construct the Required Improvements at its sole cost. Developer shall not be issued a temporary certificate of occupancy or a certificate of occupancy from the City for the Project until the Required Improvements are determined to be completed in accordance with Section 7 below.
(ii) Denial of Permit. If CVFPB denies a permit application, Developer shall submit an alternative plan to the City for review and approval. Within thirty (30) days of the City's approval of the alternate plan, the Developer shall submit a set of the final design plans for written approval by the City.
(c) Dedication of Emergency Access Easement. Prior to issuance of Certificate of Occupancy and upon Completion of the Required Improvements, at no cost to the City, Developer shall dedicate a public service easement to the City for emergency access, in the form attached hereto and incorporated herein as Exhibit B (the "Easement").
2. Work. All of the work on the Required Improvements shall be done at the places, of the materials, and in the manner and at the grades, all as shown upon the Final Plans and Specifications approved by the City pursuant to Section 1.
3. Injury to Public Improvements, Public Property or Public Utilities Facilities. Developer 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. Developer 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 Community Development Director (“Director”).
4. Inspection by City. Developer 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. Developer’s Obligation to Warn Public During Construction. Developer shall give good and adequate warning to the public of each and every dangerous condition existing in connection with the Required Improvements, and will take reasonable actions to protect the public from any such dangerous condition.
6. Superintendence by Developer. Developer 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 960
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Improvements. In addition, Developer shall maintain an office with a telephone and Developer or a person authorized to make decisions and to act for Developer in Developer’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 Performance. Work on the Required Improvements, whether in the original or an alternate location, shall commence within thirty-six (36) months of the date of this Agreement and shall be completed on or prior to the issuance of a temporary certificate of occupancy or a certificate of occupancy from the City for the Project; provided, however, that the Required Improvements shall not be deemed to be completed until determined to be so in writing by the City pursuant to Section 7.1.
7.1 Completion of Required Improvements. Within thirty (30) days of the date that Developer has completed construction of the Required Improvements, the City shall inspect the Required Improvements and provide written notice that the Required Improvements have been constructed in conformance with the Final Plans and Specifications. Written notice that the Required Improvements have been constructed in conformance with the Final Plans and Specifications shall constitute “Completion of the Required Improvements.” If the City determines that the Required Improvements were not constructed in conformance with the Final Plans and Specifications, it shall provide written notice of the deficiencies to Developer and Developer shall have sixty (60) days to cure said deficiencies. If Developer does not cure deficiencies identified by the City within the sixty (60) day period following written notice, then Developer shall be in Breach under Section 21(b).
7.2 Ownership and Maintenance of Required Improvements. Following Completion of the Required Improvements, the improvements are to be privately owned and maintained by the Developer.
8. Time of Essence; Extension.
8.1 Time is of the Essence of this Agreement. The dates for completion of the Required Improvements may not be extended, except as provided in this Section. The Director may extend the date for Completion of the Required Improvements for a maximum of one (1) year 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 Developer, including but not limited to delays in obtaining necessary permits from the CVFPD or USACE. Extension of the date for any other cause or beyond one (1) year shall be made only by the City Council. Extensions shall be granted only upon a showing of good cause by the Developer. 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 Developer to an extension.
8.2 Requests for Extension. 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.
8.3 Notice to Sureties of Extension Not Required. In the event the City extends the time of Completion of the Required Improvements, such extension may be granted without notice by the City to the Developer’s surety and shall in no way release any guarantee or security given by the Developer pursuant to this Agreement, or relieve or release those 961
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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.
8.4 Changes in Improvement Security. 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. Developer 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. For all Required Improvements listed in Section 1 of this Agreement, the Developer shall furnish the City the following Securities concurrently with the execution of this Agreement:
10.1 Faithful Performance and Payment Security. Two (2) improvement securities as set forth in City of West Sacramento Municipal Code ("Municipal Code") section 16.44.080(B).
Each security shall be in the amount of one hundred percent (100%) of the total estimated value of the Required Improvements set forth in Section 1 of this Agreement. The City may increase or decrease the amount of security to reflect updated costs of constructing the Required Improvements. Any increase shall be paid within thirty (30) days of notice to Developer. One improvement security shall secure faithful performance of this Agreement (the “faithful performance” security). The second improvement security 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”). The two improvement securities shall be in the form of one or both of the following: (i) a deposit, either with the City or responsible escrow agent or trust company, at the option of the City, of money or negotiable bonds of the kind approved for securing deposits of public monies, or (ii) an irrevocable letter of credit from one or more financial institutions regulated by the state or federal government pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment and will only be released upon receipt of written instruction from the City, both in accordance with Municipal Code section 16.44.080(C)1(b) and (c). The form of a letter of credit must be approved by the City attorney.
10.2 [Intentionally Omitted.]
10.3 Surety Requirements.
10.3.1 If applicable, 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.
10.3.2 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. 962
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10.3.3 The securities shall be irrevocable, shall not be limited as to time and shall provide that they may be released, in whole or part, only upon the written approval of the Director and as provided in Section 13. All securities provided pursuant to this Agreement shall expressly obligate the surety for any extension of time authorized by the City for Developer’s Completion of the Required Improvements, whether or not the surety is given notice of such an extension by the City.
11. Required Improvements. The Required Improvements are to be privately owned and maintained by Developer.
12. Reimbursement. Developer is not entitled to any payment, fee credit or reimbursement for any direct or indirect cost associated with the design, development or construction of the Required Improvements. Developer is solely responsible for all costs associated therewith.
13. Release of Security.
13.1 [Intentionally Omitted.]
13.2 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 Completion 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 may expressly 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.
13.3 Faithful Performance Security. The faithful performance security may be released upon Completion of the Required Improvements by the City Council.
14. Inspection and Other Fees. The Developer shall pay to the City all fees imposed in connection with the construction and inspection of the Required Improvements. These fees must be paid in full prior to the completion of the Required Improvements. 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 Project and its development, and this Agreement shall in no way exonerate or relieve the Developer from paying such other applicable fees, charges, and/or costs.
15. Defense, Indemnification and Hold Harmless.
15.1 The Developer 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, any permits, and/or the construction of the Required Improvements by the Developer, contractor or any subcontractor, or of any person directly or indirectly employed by, or acting as agent for the Developer, contractor or any subcontractor, save and except those matters arising from the sole, active negligence of the City.
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15.2 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 Developer from liability under this defense, indemnification and hold harmless provision.
15.3 [Intentionally Omitted.]
16. [Intentionally Omitted.]
17. Developer’s Insurance. Before signing this Agreement, Developer shall have obtained all insurance required under this Section and such insurance shall have been approved by the City Attorney as to form and sufficiency. Developer 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, Developer shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
17.1 Worker’s Compensation Insurance. Developer shall maintain, during the term of this Agreement, workers’ compensation insurance for all of Developer’s employees employed at the site of improvement, and in case any work is sublet, Developer 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 Developer. Developer shall indemnify and hold harmless the City for any damage resulting to it, including attorney fees, from failure of either Developer or any contractor or subcontractor to take out or maintain such insurance.
17.2 Commercial General Liability Insurance. Developer 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, Developer 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 Developer’s or any contractor’s or subcontractor’s operations hereunder, whether such operations are by Developer or any contractor or subcontractor or by anyone directly or indirectly employed by either Developer or any contractor or subcontractor. The insurance shall be in an amount not less than one million dollars ($1,000,000) per occurrence.
17.3 Endorsements. Promptly upon execution of this Agreement and prior to commencement of any work, the Developer 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 964
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the City. The endorsements and policies shall include a severability of interests (cross-liability) clause, and shall provide that no failure by the Developer 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, Developer 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 Developer.
18. Prevailing Wage. In the event the City exercises its rights in this Agreement to complete construction of the Required Improvements, prevailing wages shall apply to the work for the Required Improvements.
19. [Intentionally Deleted.]
20. Developer Not Agent of City. Unless specifically set forth herein, neither Developer nor any of Developer’s agents, contractors, or subcontractors are or shall be considered to be agents of the City in connection with the performance of Developer’s obligations under this Agreement.
21. Notice of Breach and Default. The following shall constitute a default under this Agreement: If Developer fails to meet any timelines set forth herein, or 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 Developer should be adjudged bankrupt, or Developer should make a general assignment for the benefit of Developer’s creditors, or if a receiver should be appointed in the event of Developer’s insolvency; if Developer or any of Developer’s contractors, subcontractors, agents or employees should violate any of the provisions of this Agreement. In the event of Developer’s default, Developer shall be deemed to be in breach of this Agreement and the City may serve written notice upon Developer and Developer’s surety, if any, of the breach of this Agreement. For failure by Developer to submit any required plans or obtain any required approvals by the deadlines set forth in Section 1 herein, Developer shall have seven (7) days from receipt of written notice by City to cure the default. Developer shall have thirty (30) days from receipt of written notice by City to cure any other default.
22. Breach of Agreement; Performance By Surety or City. (a) [Intentionally Omitted.]
(b) Failure to Complete Improvements after Receipt of Approvals. In the event Developer is in default under this Agreement for failure to timely complete the Required Improvements under the time frames set forth in this Agreement, and the applicable cure period set forth in Section 21 has expired without such default having been cured by Developer, the City may thereafter deliver a notice of breach to Developer’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 965
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and at the expense of the Developer, and the Developer’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 Developer as may be on the site of the work and necessary therefor, and accept dedication of the Easement. The remedy provided by this Section 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 Developer’s obligations under this Agreement. In addition to any other remedy the City may have, a breach of this Agreement by the Developer shall constitute consent to the filing by the City of a notice of violation against the Property. Developer agrees that the choice of remedy or remedies for Developer’s breach shall be in the discretion of the City. (c) Other Forms of Security. 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. The City may then accept the Easement and use the improvement security to 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 Developer, and Developer shall be liable to the City for any excess cost or damages incurred by the City. In such an event, Developer shall not be issued a temporary certificate of occupancy or a certificate of occupancy from the City for the Project until all costs and damages are paid to the City.
23. 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 Avenue
West Sacramento, CA 95691
Notices required to be given to Developer shall be addressed as follows:
TBD Phase VI LP
c/o Fulcrum Properties
1530 J Street, Suite 200
Sacramento, CA 95814
Attn: Randolph S. Koss
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.
24. 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.
25. 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. 966
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26. Assignment. Developer shall not assign any of its obligations under this Agreement without the prior written consent of the City, which may be denied in its sole discretion.
27. [Intentionally Deleted.]
28. Compliance with Laws. Developer, 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.
29. No Vesting of Rights. Entering into this Agreement shall not be construed to vest Developer’s rights with respect to any change in any zoning or building law or ordinance.
30. 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.
31. Construction and Interpretation. It is agreed and acknowledged by Developer that the provisions of this Agreement have been arrived at through negotiation, and that Developer 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.
32. 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, in the form attached as Exhibit C, attached hereto. This Agreement shall constitute a covenant running with the land and an equitable servitude upon the real property of the Project.
33. 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.
34. 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.
35. Integration. This Agreement is an integrated agreement. It supersedes all prior negotiations, representations, or agreements, either written or oral.
36. Modification. This Agreement may be amended only by a written instrument signed by the parties. Developer shall bear all costs of amendments to this Agreement that are requested by the Developer.
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37. Counterparts. This Agreement may be signed in one (1) or more counterparts, and will be effective when the parties have affixed their signatures to counterparts, at which time the counterparts together shall be deemed one (1) original document; provided, however, that all executed counterparts are provided to the City Clerk.
(Signatures on Next Page)
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IN WITNESS WHEREOF, the parties hereto are executing this Agreement on the dates set forth below.
“CITY” “DEVELOPER”
CITY OF WEST SACRAMENTO, TBD Phase VI LP
a municipal corporation a California limited partnership By: ________________________________ By: _______________________ Name: Martha Guerrero Name: Randolph S. Koss
Title: Mayor Title: President
Dated: June 26, 2024 Dated: June 26, 2024
ATTEST:
____________________________
Jennifer Cusmir, City Clerk
APPROVED AS TO FORM:
_____________________________
Jeffrey Mitchell, City Attorney
969
2534125.13 Exhibit A
EXHIBIT A
(Legal Description of Property)
970
2534125.13 Exhibit A
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972
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Exhibit B
(See Attached Form of Emergency Access Easement)
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NO FEE DOCUMENT
GOVERNMENT CODE SECTION 27383
Recording Requested By and
When Recorded Mail To:
City of West Sacramento
1110 West Capitol Ave., 3rd Floor
West Sacramento, CA 95691
Attn: City Clerk The Above Space For Recorder’s Use Only
THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE.
THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO SECTION 27383 OF THE CALIFORNIA GOVERNMENT CODE.
EMERGENCY ACCESS EASEMENT
FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged,
TBD Phase VI LP, a California limited partnership (“Grantor”), as owner of that certain real property located in the City of West Sacramento, County of Yolo, State of California, hereby grants to the City of West Sacramento, a municipal corporation (“Grantee”), a non-exclusive easement and right-of-way for emergency vehicle access way in, upon, over, under and across that certain real property legally described on Exhibit A and depicted in Exhibit B (the “Easement Area”), attached hereto and incorporated herein.
Grantor shall maintain the Easement Area and Grantor retains the right to use the Easement Area in any lawful manner that does not unreasonably interfere with Grantee’s use of the Easement Area for emergency access purposes.
To the extent required by law, Grantee shall indemnify, defend, and hold Grantor harmless from and against any and all costs, claims, damages, losses, or liabilities (including, without limitation, court costs and reasonable attorney’s fees) arising out of or connected in any manner with Grantee's use of the easement area, except to the extent such loss or damage caused by the gross negligence or willful misconduct of Grantor. Grantor shall indemnify, defend, and hold Grantor harmless from and against any and all costs, claims, damages, losses, or liabilities (including, without limitation, court costs and reasonable attorney’s fees) arising out of or connected in any manner with Grantor's use of the Easement Area, except to the extent such loss or damage caused by the negligence or willful misconduct of Grantee. (Signatures on Next Page)
974
2534125.13
Executed this ____ day of ___________, 2024.
GRANTOR:
TBD Phase VI LP
a California limited partnership
By: Fulcrum Property Corp.,
a California corporation
Its Manager
_________________________
By: Randolph S. Koss, President
GRANTEE:
City of West Sacramento,
a California municipal corporation
By: ________________________________
Aaron Laurel, City Manager
975
2534125.13
Exhibit A to Emergency Access Easement
(Legal Description of Easement Area)
976
2534125.13
(Legal Description Cont.)
977
2534125.13
Exhibit B to Emergency Access Easement
(See attached Depiction of Easement Area)
978
2534125.13
979
2534125.13
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
)
County of _______________ )
On ________________________ before me, ________________________, Notary Public, personally appeared _________________________________________, who 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 authorized capacity(ies), and that by 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
)
County of _______________ )
On ________________________ before me, ________________________, Notary Public, personally appeared _________________________________________, who 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 authorized capacity(ies), and that by 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______________________________ (Seal)
980
2534125.13
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Public Access Easement dated _______________, 2024 from TBD Phase VI LP, a California limited partnership , to the City of West Sacramento, a municipal corporation, is hereby accepted by the undersigned officer or agent on behalf of the West Sacramento City Council pursuant to authority conferred by Resolution ____ adopted ________________ by the City Council of the City of West Sacramento, and the Grantee consents to recordation thereof by its duly authorized officer.
Dated: , 2024 By:
Jennifer Cusmir, City Clerk
981
2534125.13
Exhibit C
(See attached Memorandum of Agreement)
982
2534125.13
No recording fee required pursuant to
Government Code Section 27383
Recording Requested by and
When Recorded Return to:
City of West Sacramento
1110 West Capitol Avenue
West Sacramento, California 95691 SPACE ABOVE THIS LINE FOR RECORDER’S USE
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement is made this ___ day of _________ 2024, by and between the City of West Sacramento, a California municipal corporation (“City”) and TBD Phase VI LP, a California limited partnership (“Developer”), collectively referred to as the “Parties.”
City and Developer are Parties to that certain “Fire Access and Frontage Improvement Agreement” dated June ___, 2024, the terms and conditions of which are made a part hereof as though fully set forth herein, and which Agreement controls the development of that certain real property, including any improvements and personal property, situated in the County of Yolo, State of California, APN ___________, legally described as follows:
[See Exhibit A]
“CITY”
City of West Sacramento,
a municipal corporation,
By: ________________________
Name: Aaron Laurel
Title: City Manager
“DEVELOPER”
TBD Phase VI LP,
a California limited partnership
By: _____________________________
Name: _____________________________
Title: _____________________________
983
2534125.13
Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
)
County of _______________ )
On _______________________ before me, ______________________________, a notary public, personally appeared __________________________________, who 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 authorized capacity(ies), and that by 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _____________________________________ (Seal)
984
2534125.13 Exhibit A to Memorandum of Agreement
Exhibit A to Memorandum of Agreement
(Legal Description of Property)
985
2534125.13
986
2534125.13
987
CITY COUNCIL AGENDA REPORT
MEETING DATE: June 26, 2024 ITEM #10
SUBJECT:
CONSIDERATION OF RESOLUTION AUTHORIZING THE COLLECTION OF SPECIAL
TAX ON THE SECURED ROLL IN THE SAME MANNER AS THE ORDINARY AD
VALOREM PROPERTY TAXES FOR EXISTING COMMUNITY FACILITY DISTRICTS FOR
AUTHORIZED CAPITAL FACILITY CONSTRUCTION PURPOSES
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Marc Rotteveel, Senior Finance Analyst
Finance Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action
OBJECTIVE
The purpose of this action is to collect a special tax associated with Community Facility Districts (CFDs) previously established by the City to fund capital improvements and make debt service payments on outstanding bond debt, and to have these taxes placed on the Yolo County secured property tax bill.
RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt Resolution 24-68 authorizing the collection of a special tax and to place these taxes on the secured tax roll to be collected in the same manner as the ordinary ad valorem property taxes. Furthermore, the actions recognize that the collection of taxes will be used to pay outstanding bond debt and other purposes previously authorized by the City.
BACKGROUND
Since the City’s incorporation in 1987, the City has formed a number of special financing districts to fund capital improvements which are secured by land-based special taxes. This report deals with 17 “facility” financing districts managed by the City. Under the 1982 “Mello-Roos Act,” cities may issue municipal bonds to finance development projects with high capital costs and pay these costs over time by taxing property owners within the established district. If voters in the area have elected to become a Mello-Roos district, they are responsible for the repayment of these bonds through a special tax, imposed annually based on the Rate and Method of Apportionment of Special Tax approved by owners within the CFDs.
Accordingly, the following CFDs were established for the financing of certain capital improvements in and for the District:
Community Facilities District 8
Community Facilities District 9
Community Facilities District 10
Community Facilities District 11
Community Facilities District 12
Community Facilities District 14
Community Facilities District 15
Community Facilities District 16
Community Facilities District 17
Community Facilities District 18
Community Facilities District 19
Community Facilities District 20
Community Facilities District 21
Community Facilities District 23
Community Facilities District 24
Community Facilities District 27
Community Facilities District 29
988
Resolution 24-68
June 26, 2024
ANALYSIS
The Treasurer-Tax Collector’s Office at the County of Yolo requires that all special tax levies placed on the property tax rolls include an authorization approved by the City Council, and specifically identifies that the taxes collected will be used to make payments on outstanding bonded indebtedness and other authorized purposes.
The authorization described in Resolution 24-68 outlines the terms of the agreement between the County and the City for collecting the CFDs’ levies used to make debt service payments.
The City also manages the placement of special taxes on the property tax rolls associated with “service” CFDs (service CFDs pay for maintenance of improvements once they are constructed), which is being addressed in a separate agenda report also scheduled for June 26, 2024.
Environmental Considerations
Not applicable
Commission Recommendation
Not applicable
Strategic Plan Integration
Adoption of special taxes to finance public facilities helps establish the strong financial base for the City.
Alternatives
While the Council may alternatively delay an action approving the levy of a special tax, the City is bound to levy the special tax on an annual basis pursuant to each bond issuance. The placement of special taxes on the tax roll is necessary to collect these taxes which secure outstanding bonded indebtedness. The respective bond documents for each district commit the City to collect these revenues to make required debt payments.
Coordination and Review
Yolo County has provided a draft resolution and reserved space on the fiscal year 2024-2025 tax roll.
Budget/Cost Impact
Fees for services such as these support a higher level of service than can be supported by general taxes alone.
The taxes include a city administrative fee to offset the staff costs of managing the districts.
ATTACHMENTS
1. Resolution 24-68
2. Facility CFD Map (Numeric)
989
Attachment 1
RESOLUTION 24-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO
AUTHORIZING THE COLLECTION OF SPECIAL TAX ON THE SECURED TAX ROLL
IN THE SAME MANNER AS THE ORDINARY AD VALOREM PROPERTY TAXES FOR
EXISTING ASSESSMENT DISTRICTS AND COMMUNITY FACILITY DISTRICTS FOR
AUTHORIZED CAPITAL FACILITY CONSTRUCTION PURPOSES
WHEREAS, the City of West Sacramento (hereinafter “City) requests the County of Yolo collect on the County tax rolls certain charges which have been imposed pursuant to section 53340 of Government Code of the State of California by the City for the following Districts:
Community Facilities District 8
Community Facilities District 9
Community Facilities District 10
Community Facilities District 11
Community Facilities District 12
Community Facilities District 14
Community Facilities District 15
Community Facilities District 16
Community Facilities District 17
Community Facilities District 18
Community Facilities District 19
Community Facilities District 20
Community Facilities District 21
Community Facilities District 23
Community Facilities District 24
Community Facilities District 27
Community Facilities District 29
and;
WHEREAS, the County has required as a condition of the collection of said charges that the City warrant the legality of said charges and defend and indemnify the County from any challenge to the legality thereof.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby authorize, as follows:
1. The Auditor-Controller of Yolo County is requested to attach for collection on the County tax rolls those taxes, assessments, fees and/or charges, described in the recitals above.
2. The City warrants and represents that the taxes, assessments, fees and/or charges imposed by the City and being requested to be collected by Yolo County comply with all requirements of State law, including but not limited to Articles XIIIC and XIIID of the California Constitution (Proposition 218).
3. The City agrees to and shall defend, indemnify and hold harmless the County, its officers, agents and employees (the "Indemnified Parties") from any and all claims, demands, liabilities, costs and expenses, damages, causes of action, and judgments, in any manner arising out of the collection by County of any of City's said taxes, assessments, fees and/or charges requested to be collected by County for City, or in any manner arising out of City's establishment and imposition of said taxes, assessments, fees and/or charges. City agrees that, in the event a judgment is entered in a court of law against any of the Indemnified Parties as a result of the collection of one of City's taxes, assessments, fees and/or charges, the County may offset the amount of the judgment from any other monies collected by County on behalf of City, including property taxes.
990
Resolution 24-68
4. The City agrees that its officers, agents and employees will cooperate with the County in answering questions referred to City by County from any person concerning the City's taxes, assessments, fees and/or charges, and that City will not refer such persons to County officers and employees for response.
5. The City agrees to pay such reasonable and ordinary charges as the County may prescribe to recoup its costs in placing on the tax rolls and collecting the taxes, assessments, fees and/or charges, as provided by Government Code sections 29304 and 51800.
PASSED AND ADOPTED by the West Sacramento City Council, this 26th day of June, 2024, by the following vote:
AYES:
NOES:
ABSENT:
Martha Guerrero, Mayor
ATTEST:
Jennifer Cusmir, City Clerk
991
!"#$80
(/50 )*+,-80
!"#$5
!"#$80 !"#$5
0 1.1 Mile
8 )*+,-80
!"#$5
!"#$80 !"#$5
!"#$80
City Of West Sacramento May 2022 I.T. Division (916) 617-4529 26 1:32054
6 Riverpoint
8 Southport Industrial Park
9 Staple Project
10 Bridgeway Island
11 Southport Gateway
12 Raley's Field
14 Newport Estates
15 Pheasant Hollow
16 Bridgeway Lakes
17 Marshall Crossing & Parella
18 Southport Gateway unit 4
19 River Ranch
20 Bridgeway Lakes II
21 Palin Ranch Construction
23 Triangle Area
24 Bridgeway Lake North
26 Yarbrough
27 Bridge District
29 Port Towne
8 10
16 20
24 17
11 17
14 18
19 21
15 City of West Sacramento
Community "Facility" Districts 2022
CFD Numeric Districts
\MAPPING\CITY_DATA\DEPARTMENTS\FINANCE\CURRENT\PROJECTS\COWS_CFD_MAPS\2022 1 in = 0.51 miles
12 23
23 27
9 6
27 0 0.275 0.55 1.1
Miles
29 Attachment 2
992
CITY COUNCIL AGENDA REPORT
MEETING DATE: June 26, 2024 ITEM #11
SUBJECT:
CONSIDERATION OF RESOLUTION 24-69 AUTHORIZING THE COLLECTION OF
SPECIAL TAX ON THE SECURED TAX ROLL IN THE SAME MANNER AS THE
ORDINARY AD VALOREM PROPERTY TAXES IN ORDER TO PAY FOR CERTAIN
MAINTENANCE SERVICES
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Marc Rotteveel, Senior Finance Analyst
Finance Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action
OBJECTIVE
The purpose of this action is to collect special tax to pay for certain existing Community Facility District (CFD) maintenance services and to have these taxes placed on the Yolo County secured property tax bill.
RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt Resolution 24-69 authorizing the collection of special tax to pay for certain Community Facility District services on the secured tax roll in the same manner as the ordinary ad valorem property taxes.
BACKGROUND
Since the City’s incorporation in 1987, all tentative subdivision maps in Southport and certain other areas of the City contain, as a condition of approval, mitigation measures for maintaining street landscaping and lighting. The following language in The Classics Vesting Tentative Subdivision Map # 4319, dated November 20, 1997, is typical:
Prior to or concurrent with the recording of a small lot final map, a Community Facilities District Special Tax shall be authorized for the purpose of and at an amount sufficient to maintain and operate street lighting and street landscaping. To the extent provided by law, this condition shall be binding on all successive property owners.
Accordingly, the following CFDs were established for the financing of certain maintenance services in and for the District:
Community Facilities District A (Gateway)
Community Facilities District B (Newport Estates)
Community Facilities District C (Bridgeway Island)
Community Facilities District D (Southport Industrial Park) Community Facilities District E (The Classics)
Community Facilities District F (Pheasant Hollow)
Community Facilities District G (Gateway Unit IV)
Community Facilities District H (Bridgeway Lakes)
Community Facilities District I (River Ranch)
Community Facilities District J (Parella)
Community Facilities District M (The Rivers)
Community Facilities District N (Parlin)
Community Facilities District O (Linden South)
Community Facilities District P (Ironworks)
Community Facilities District R (Bridge District)
Community Facilities District S (Port Towne)
The City determines the annual maintenance costs for each service district for the fiscal year. Next, the City prepares a list of the parcels subject to the special tax using the records of the County Assessor and other records of the City. The maximum annual special tax per unit has a 4-percent escalation factor each year starting with the base year (year in which the district was formed). Next, the City determines the special tax revenues available by taxing each final unit parcel up to 100 percent of the maximum annual special tax rate. The City requests the County of Yolo to collect on the County property tax rolls the special taxes levied on each parcel by the respective service district.
993
Resolution 24-69
June 26, 2024
ANALYSIS
Commencing in fiscal year 2009-2010, the Treasurer-Tax Collector’s Office at the County of Yolo has required that all special tax levies placed on the property tax rolls include an authorization approved by the City Council.
The authorization outlines the terms of the agreement between the County and the City for collecting the CFDs’ service charges.
The City also manages the placement of taxes on the property tax rolls associated with “facility” CFDs (facility CFDs pay for construction of capital facility improvements which are usually funded by the issuance of bonds), which is being addressed in a separate agenda report also scheduled for June 26, 2024.
Environmental Considerations
Not applicable
Commission Recommendation
Not applicable
Strategic Plan Integration
Adoption of special taxes and fees for service help establish the strong financial base necessary to provide quality services.
Alternatives
Not applicable
Coordination and Review
Yolo County has provided a draft resolution and reserved space on the fiscal year 2024-2025 tax roll.
Budget/Cost Impact
Fees for services such as these support a higher level of service than can be supported by general taxes alone.
All annual maintenance services are fully supported by the special tax.
ATTACHMENTS
1. Resolution 24-69
2. Maintenance Services CFD Map
994
Attachment 1
RESOLUTION 24-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO
AUTHORIZING THE COLLECTION OF SPECIAL TAX ON THE SECURED TAX ROLL
IN THE SAME MANNER AS THE ORDINARY AD VALOREM PROPERTY TAXES IN
ORDER TO PAY FOR CERTAIN MAINTENANCE SERVICES
WHEREAS, the City of West Sacramento (hereinafter “City) requests the County of Yolo collect on the County tax rolls certain charges which have been imposed pursuant to Section 53340 of Government Code of the State of California by the City for the following Districts:
Community Facilities District A (Gateway)
Community Facilities District B (Newport Estates)
Community Facilities District C (Bridgeway Island)
Community Facilities District D (Southport Industrial Park) Community Facilities District E (The Classics)
Community Facilities District F (Pheasant Hollow)
Community Facilities District G (Gateway Unit IV)
Community Facilities District H (Bridgeway Lakes)
Community Facilities District I (River Ranch)
Community Facilities District J (Parella)
Community Facilities District M (The Rivers)
Community Facilities District N (Parlin)
Community Facilities District O (Linden South)
Community Facilities District P (Ironworks)
Community Facilities District R (Bridge District)
Community Facilities District S (Port Towne)
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Sacramento that:
1. The special tax shall be collected on the secured real property tax roll in the same manner as ordinary ad valorem taxes are collected. The special tax shall have the same lien priority and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes. In addition, the provisions of Section 53356.1 of the Act shall apply to delinquent special tax payments. The Director of Administrative Services is authorized and directed to provide all necessary information to the Treasurer-Tax Collector of Yolo County and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax, so that the special tax is levied and collected in sufficient amounts and at times necessary to satisfy the financial obligations of the District in each fiscal year.
2. The City agrees, upon reasonable written notice by Yolo County of any claim or challenge, to defend with counsel of its choice, indemnify and hold harmless Yolo County, its Board of Supervisors, officers, officials, agents and employees (collectively “the County”) against the payment of any liabilities, losses, costs and expenses, including attorneys’ fees and court costs, not due to the County’s own negligence or willful misconduct, which the County may incur in the exercise and performance of its powers and duties in placing these assessments onto the County roll and tax bills for the City.
3. The City agrees to pay such reasonable and ordinary charges as the County may prescribe to recoup its costs in placing on the tax rolls and collecting the taxes, assessments, fees and/or charges, as provided by the Government Code sections 29304 and 51800.
4. The City warrants and represents that the taxes, assessments, fees and/or charges imposed by the City and being requested to be collected by Yolo County comply with all requirements of State law, including but not limited to Articles XIIIC and XIIID of the California Constitution (Proposition 218).
995
Resolution 24-69
PASSED AND ADOPTED by the West Sacramento City Council, this 26th day of June, 2024, by the following vote:
AYES:
NOES:
ABSENT:
Martha Guerrero, Mayor
ATTEST:
Jennifer Cusmir, City Clerk
996
CFD B
CFD R
CFD M-T2
CFD M-T1
CFD N-T2
CFD I
CFD G
CFD P
CFD O
CFD D
CFD C
CFD J
CFD H-T3
CFD E
CFD A
CFD H-T1
CFD F
CFD S
CFD H-T4
CFD R
CFD H-T2
CFD O
CFD N-T1
5 5
80 80
80 50
)*+,-80
!"#$5
!"#$ !"#$5 80
!"#$80
8 \MAPPING\CITY_DATA\DEPARTMENTS\FINANCE\CURRENT\PROJECTS\COWS_CFD_MAPS\2022 City Of West Sacramento May 2022 I.T. Division (916) 617-4529 0 1 Mile
1:28000 1 in = 0.44 miles
CFD A
CFD B
CFD C
CFD D
CFD E
CFD F
CFD G
CFD H-T1
CFD H-T2
CFD H-T3
CFD H-T4
CFD I
CFD J
CFD M-T1
CFD M-T2
CFD N-T1
CFD N-T2
CFD O
CFD P
CFD R
CFD S
City of City of
West West
Sacramento Sacramento
Community Community
"Facility" "Facility"
Districts Districts
Attachment 2
997
CITY COUNCIL AGENDA REPORT
MEETING DATE: June 26, 2024 ITEM #12
SUBJECT:
CONSIDERATION OF RESOLUTION 24-71 INITIATING ANNUAL PROCEEDINGS UNDER THE STORM DRAIN MAINTENANCE ACT OF 1937 FOR STORM DRAIN MAINTENANCE DISTRICT NO. 1 (RALEY’S LANDING)
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Marc Rotteveel, Senior Finance Analyst
Finance Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action
OBJECTIVE
The objective of this report is to provide sufficient information to Council to adopt Resolution 24-71 initiating annual proceedings under the Storm Drain Maintenance Act of 1937 for Storm Drain Maintenance District # 1, Raley’s Landing.
RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt Resolution 24-71 initiating annual proceedings and establishing the date for a public hearing to be conducted under the Storm Drain Maintenance District Act of 1937 (the “1937 Act”) for Storm Drain Maintenance District No. 1 (Raley’s Landing).
BACKGROUND
State law provides for an annual proceeding prior to levying an ongoing assessment; and the recommended action is the first step in this process. Because staff is not proposing an increase in assessment, this action does not trigger voter approval under Proposition 218.
All property inside the City is provided storm drainage services by one of three Reclamation Districts, including Reclamation District 900 and the Lighthouse Marina and Raley’s Landing storm drain maintenance districts. Only one of these districts was formed under the 1937 Act, which includes approximately 79.66 acres within the “Raley's Landing” subarea of the Washington Neighborhood. The Raley’s Landing Storm Drain Maintenance District No. 1 (the District), has provided this service for many years via a special assessment district.
Storm drain facilities were first constructed in Raley’s Landing in 1964 to collect storm water runoff, convey it to a point adjacent to the Sacramento River levee, and pump it into the river. In 1989, the pumping facility was rebuilt as part of the Raley's Landing Assessment District and financed by the Raley’s Landing Limited Obligation Improvement Bonds (these bonds were completely repaid in December 2013). In order to pay for ongoing maintenance of the facilities, the City formed the District pursuant to Resolution 89-62. These assessments are continued on an annual basis in order to continue required maintenance. The fees for this service are set each year by the City Council and are collected by Yolo County on the regular property tax bill.
ANALYSIS
The District was formed prior to the enactment of Proposition 218 (“Prop 218”), an initiative approved by voters in 1996 that imposed requirements on the manner in which local governments could raise taxes. For instance, any proposed increases in the rate for the District would be subject to approval by the voters pursuant to Prop 218, hence the City has chosen not to increase the rate for 2024-2025, as has been the case in previous years.
The City of West Sacramento Storm Drainage Maintenance District No. 1 Assessment Report for 2024-2025 is included as an attachment to this report and referenced in Resolution 24-71. The report describes the method of assessment and rate schedule for the District for 2024-2025.
The expected assessment revenue for 2024-2025 is $12,311.
Since this District has only one zone of benefit, total operating costs need only be allocated to each benefiting property owner on a fair and equitable basis. The nexus basis for the assessment is the benefit per acre within the District boundaries, a rate that is currently set at $144.11 per acre.
The Report for 2024-2025, showing the nexus between benefit and property assessment, consists of two parts:
(i) a narrative and (ii) a rate schedule.
998
Resolution 24-71
June 26, 2024
The 1937 Act requires that the City Council hold a public hearing prior to the imposition of the assessment.
Resolution 24-71 preliminarily accepts the Report for 2024-2025 and sets a public hearing for Wednesday, July 17, 2024.
Environmental Considerations
Not applicable
Commission Recommendation
Not applicable
Strategic Plan Integration
The City has a Strategic Plan goal to achieve a Financially Sound City Government. Ongoing management of existing financing districts is a critical tool available to the Administrative Services Department to achieve that goal. Proceeding with the recommended action is consistent with this goal.
Alternatives
As an alternative to the proposed action, the City Council may choose to continue this item and/or modify the date for the proposed public hearing. The deadline for submitting the levy to the County for inclusion on the 2024-25 tax roll is August 10, 2024, and holding a public hearing is a requirement for submitting the levy. If the Council chooses to continue the item or set a different date for the hearing, a special meeting would be necessary.
Coordination and Review
Not applicable
Budget/Cost Impact
The expected assessment revenue for 2024-2025 is $12,311.
ATTACHMENTS
1. Resolution 24-71
2. Report for 2024-2025
3. Map of Storm Drain Maintenance District
999
Attachment 1
RESOLUTION 24-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO
INITIATING ANNUAL PROCEEDINGS UNDER THE STORM DRAIN MAINTENANCE ACT OF 1937 FOR STORM DRAIN MAINTENANCE DISTRICT NO. 1 (RALEY’S LANDING) WHEREAS, the City Council has ordered the formation of the City of West Sacramento Storm Drain Maintenance District No. 1 under the Storm Drain Maintenance District Act of 1937 (West Water Code - Appendix §42-1 et seq.); and
WHEREAS, the City Council is required to annually confirm the diagram and assessment and file same with the County Auditor pursuant to the Act.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Sacramento as follows:
1. The City Council hereby appoints the Finance Director as Engineer of Record for purposes of proceedings under the Act and directs and orders the Engineer to prepare and file the Report for Fiscal Year 2024-2025 in accordance with the Act.
2. The City Council hereby approves the Report for Fiscal Year 2024-2025 as filed by the Finance Director.
3. A full and detailed description of the improvements, the boundaries of the assessment district and benefit zone, and the proposed assessments upon assessable lots and parcels of land within the district, is set forth in the Report. The Report recommends no change in assessments and is on file in the office of the Finance Department, 1110 West Capitol Avenue, West Sacramento, California 95691, and is available for review by any interested member of the public during normal business hours.
4. On Wednesday, July 17, 2024 at 7:00 p.m., in the City Council Chambers, 1110 West Capitol Avenue, West Sacramento, California 95691, the City Council shall hold a public hearing on the levy of the proposed assessment.
5. The City Clerk is directed to give notice of the public hearing by publishing notice of the public hearing in accordance with normal City practice.
PASSED AND ADOPTED by the West Sacramento City Council this 26th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
_________________________________
Martha Guerrero, Mayor
ATTEST:
_______________________________
Jennifer Cusmir, City Clerk
1000
Attachment 2
CITY OF WEST SACRAMENTO
STORM DRAINAGE MAINTENANCE
DISTRICT #1
REPORT FOR
FISCAL YEAR 2024-2025
By
MARC ROTTEVEEL
SENIOR FINANCE ANALYST
1001
2 INTRODUCTION
Most property within the City limits is provided storm drainage services by one of the three Reclamation Districts. One exception is the approximately 85 acres in size storm drain maintenance area in the vicinity of what was formerly referred to as Raley's Landing, now encompassed within the Washington Neighborhood Area Plan. Since 1990, this area has been provided maintenance services via a special assessment district, Storm Drain Maintenance District No. 1 (“the District”). While additional storm drain maintenance districts were anticipated, no others were formed beyond this single district.
Facilities within the District were first constructed in 1964 as part of Reclamation District 811 (no longer in existence) to collect storm water runoff, convey it to a point adjacent to the Sacramento River levee and pump it into the river. In 1989, the pumping facility was rebuilt as part of the Raley's Landing Assessment District (also no longer in existence). These facilities are operated and maintained by the City of West Sacramento, using revenues collected under the procedures outlined below.
On May 10, 1989, the City Council adopted Resolution 89-62 which formed the District pursuant to the Storm Drain Maintenance District Act of 1937, or “the 1937 Act”. Each year, the City Council conducts a public hearing to hear objections to the placement of assessments on the next year’s tax roll. Following the public hearing, staff submits the tax levy to Yolo County and, and the County collects the assessment on the regular property tax bill.
METHOD OF ASSESSMENT
Parcel acreage assessment is best suited for storm drainage improvements. The improvements themselves are centrally located, but the benefits of the storm drain improvements are spread to all parcels included within the District. This benefit is outlined in the “Diagram of Assessment for Storm Drain Maintenance Area No. 1, a copy of which is on file with the City Clerk. The parcels themselves differ greatly in size and the Parcel acreage method of assessment address the fact that larger parcels will benefit more.
This takes into consideration the fact that the benefit is directly related to parcel size. The greater the parcel size, the more runoff occurs, the greater the assessment.
The parcel acreage can include only the portion of the parcel which falls within the boundaries of the watershed. A parcel which falls in more than one watershed will only be assessed for the acreage in this district.
Thus, the parcel acreage unit of benefit is based on parcel size. The total combined acreage of the parcels within a zone is divided by the cost of the assessment to determine a per-acre cost for the service. This amount is then multiplied by the number of acres or percentage of acre of each individual parcel to determine the amount to be assessed to each parcel. The larger the parcel, the larger the assessment will be.
LIST OF ATTACHMENTS
Assessment Diagram: An assessment diagram referenced to the Yolo County Assessor Parcel Maps is on file with the City of West Sacramento, California, and is part of this report, whether or not attached.
1002
3 Improvement Plans: A set of plans showing storm drainage improvements of the City of West Sacramento Storm Drainage Maintenance District #1 is on file with the City of West Sacramento, California, and is part of this report, whether or not attached.
Assessment Roll: An assessment roll is on file with the City of West Sacramento and is part of this report. Parcels with twelve digits are Yolo County Assessor Parcels numbers, those with nine digits are State Board of Equalization numbers.
It should be noted that the District was formed without an annual Construction Cost Index (CCI) escalator, and therefore costs still reflect those included at the time of formation in 1989. 1003
5 F ST
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US 50 WB
KEGLE DR
JEFFERSON BLVD
B ST
FIFTH ST
FOUNTAIN DR
C ST
CUMMINS WAY
I ST
TOWER BRIDGE GTWY
LIGHTHOUSE DR
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D ST
WEST CAPITOL AVE
SACRAMENTO AVE
DOUGLAS ST
ANNA ST
COUNTY RD 136
HARDY DR
RIVERFRONT ST
RIVER CREST DR
11TH ST
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MERKLEY AVE
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REUTER DR
ANDREW ST
FREMONT BLVD
PARK BLVD
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WESTLAKE DR
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ELDER DR
WEBSTER ST
RISKE LN
JULIAN DR
MEADOW RD
BEARDSLEY DR
JOAN ST
CASSELMAN DR
RICH ST
FAIRWAY DR
TABER ST
JAMES ST
ARTHUR DR
PIERCE ST
CARRIE ST
STEEL LN
BALLPARK DR
MARKET ST
WILLIAM ST
ROGERS ST
INGLEWOOD DR
MILL ST
BRIDGE ST
SHARIAN ST
WOODHAVEN PL
CHROMIUM LN
MARSTON ST
8TH ST
GREENWOOD AVE
DELTA LN
ELLIOT ST
MILTON ST
MICHIGAN BLVD
WELLAND WAY REGATTA LN
TRIANGLE CT
CHARLES ST
ELIZABETH ST
VIRGINIA AVE
CALIFORNIA ST
WATERCOLOR LN
LAUREL LN
GARDEN ST
VILLAGE CLUB DR
TOWER ST
GRAPHITE LN
WEST ST
METRO LN
HARRIET LN
ROLLING GREEN DR
MARINA WAY
WATERFRONT PL
MIDSTREAM LN
SANDS CT
2ND ST
TOWER BRIDGE GTWY
6TH ST
8TH ST
8TH ST
Storm Drain
Maintenance
District No. 1
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\MAPPING\CITY_DATA\DEPARTMENTS\FINANCE\CURRENT\DATA\LIGHTING_LANDSCAPING\SHAPES_district_maps City of West Sacramento Mayl 2014 I.T. Division (916) 617-4529 1004
CITY COUNCIL AGENDA REPORT
MEETING DATE: June 26, 2024 ITEM #13
SUBJECT:
CONSIDERATION OF RESOLUTION 24-70 INITIATING THE LEVY OF ANNUAL ASSESSMENTS FOR LANDSCAPING AND LIGHTING DISTRICT NO. 1 INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Marc Rotteveel, Senior Finance Analyst
Finance Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action
OBJECTIVE
The objective of this report is to provide sufficient information to Council to adopt Resolution 24-70 initiating the levy of annual assessments for Landscaping and Lighting District #1.
RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt Resolution 24-70, a Resolution of Intention initiating the levy of annual assessments for the Landscaping and Lighting District No. 1 and establish the date of July 17, 2024 for a public hearing under the Landscaping and Lighting Act of 1972.
BACKGROUND
State law provides for an annual proceeding prior to levying an ongoing assessment. The recommended action is the first step in this process. Because staff is not proposing an increase in assessments, this action does not trigger voter approval under Proposition 218.
Each year, the City levies assessments to pay for maintenance services and is required to take specific actions prior to transmitting the assessment to the Yolo County Assessor for inclusion on property owner tax bills.
On June 17, 1987, the City Council adopted Resolution 87-102 approving the formation of West Sacramento Lighting and Landscaping District No. 1 (“the District”), pursuant to the Landscaping and Lighting Act of 1972 (“the 1972 Act”). On April 1989, the City Council approved an amendment to the District that included: 1) an annexation of additional parcels into the S2 (Street Lighting) benefit zone, and 2) an annexation of additional parcels into Zone L1 (Landscaping).
The District provides street lighting and street landscaping maintenance services for property within the City of West Sacramento. It is divided into six zones, which includes the original district and subsequent annexations noted above. Each zone is comprised of the group of parcels that enjoys similar degrees of benefit from the service covered by the zone. Each parcel within the various zones is assessed its proportionate share of the cost of providing the service. The proportionate benefit and assessment is calculated in a benefit unit appropriate to the zone, depending on the type of service provided. The services provided and the unit of benefit for each zone in the district are shown below:
Zone Service Unit of Benefit Land Use Type
S1 Street Lighting Per Parcel Residential
S2 Street Lighting Front Footage Industrial
LS1 Street Lighting & Maintenance Front Footage Commercial L1 Maintenance Parcel Acreage Industrial
L2 Maintenance Per Parcel Residential
LSP2 Street Lighting & Maintenance Parcel Acreage Residential/Commercial Because each zone represents a different level of service and/or a different unit of benefit, each has a different fee. Fees are set each year by the City Council and are collected by Yolo County on the regular property tax bill.
ANALYSIS
The 1972 Act District was formed prior to enactment of Proposition 218 (“Prop 218”); an initiative approved by the voters in 1996 that imposed requirements on the manner in which local governments could raise taxes. For instance, any proposed increase in the rate for this District would be subject to super-majority approval by the voters pursuant to Prop 218. Hence, the City has chosen not to increase the rate for 2024-2025, as has been 1005 Resolution 24-70
June 26, 2024
the case in previous years. The total assessment can change from year to year based on changes in parcelization within the District, an assessment factor that is described below, but the rate remains the same.
The 1972 Act requires that the City Council undertake annual proceedings for each fiscal year during which an assessment is to be levied and collected within the District. A report describing the manner in which the assessments are established is provided prior to a public hearing so that property owners may review and comment on the proposed assessment for the next fiscal year.
The City of West Sacramento Landscaping and Street Lighting District No. 1 Report for 2024-2025 is included as an attachment to this report and is referenced in Resolution 24-70. The report describes the method of assessment, budget, and rate schedule for the District for 2024-2025.
There are two steps in determining the appropriate fee:
1. Service costs must be allocated to each zone. Maintenance costs are allocated on a time and materials basis. Street lighting costs are allocated by the style of light and by the number of lights in each zone.
2. Zone costs are allocated to each property owner. On January 11, 1989, Council approved the following methods of allocation:
Residential Lighting & Maintenance - per parcel
Commercial Lighting & Maintenance - front footage
Industrial Maintenance - parcel area (acreage)
Industrial Lighting - front footage
Accordingly, the report for 2024-2025 incorporates these two steps in determining the diagram and assessments for 2024-2025. It consists of three parts: (i) a narrative, (ii) a proposed budget, and (iii) a rate schedule.
The proposed budget for the District in 2024-2025 is $1,424,933. Because of the limitation on the ability to increase rates, budget increases for the District must also be offset by some amount of the Measure K Fund subsidy. The assessment for 2024-2025 is projected to generate revenues of $393,777. Therefore, the subsidy from the Measure K Fund is projected to be $1,031,156.
Resolution 24-70 preliminarily accepts the Report for 2024-2025 and sets a public hearing for Wednesday, July 17, 2024.
Environmental Considerations
Not applicable
Commission Recommendation
Not applicable
Strategic Plan Integration
The City has a Strategic Plan goal to achieve a Financially Sound City Government. Ongoing management of existing financing districts is a critical tool available to the Administrative Services Department to achieve this goal.
Alternatives
As an alternative to the proposed action, the City Council may choose to continue this item and or modify the date for the proposed public hearing. The deadline for submitting the levy to the County for inclusion on the 2024-2025 tax roll is August 10, 2024, and holding a public hearing is a requirement for submitting the levy. If Council selects to continue this item or set a different date for public hearing, a special meeting would be required.
Coordination and Review
Not applicable.
Budget/Cost Impact
Fees for services such as these support a higher level of service than can be supported by general taxes alone.
In fiscal year 2024-2025, a projected contribution of $1,031,156 from the Measure K Fund is required to maintain this service.
1006
Resolution 24-70
June 26, 2024