Yuba City City Council
January 16, 2024

73  That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or  That have yielded, or may be likely to yield, information important to prehistory or history.

Sites listed or eligible for listing on the NRHP are considered to be historic properties. Sites younger than 50 years, unless of exceptional importance, are not eligible for listing in the NRHP.

3.18.3 State Regulatory Setting
Assembly Bill 52: Effective July 1, 2015, Assembly Bill 52 (AB 52) amended CEQA to require that: 1) a lead agency provide notice to any California Native American tribes that have requested notice of projects proposed by the lead agency; and 2) for any tribe that responded to the notice within 30 days of receipt with a request for consultation, the lead agency must consult with the tribe. Topics that may be addressed during consultation include TCRs, the potential significance of project impacts, type of environmental document that should be prepared, and possible mitigation measures and project alternatives.

Pursuant to AB 52, Section 21073 of the Public Resources Code defines California Native American tribes as “a Native American tribe located in California that is on the contact list maintained by the NAHC for the purposes of Chapter 905 of the Statutes of 2004.” This includes both federally and non-federally recognized tribes.

Section 21074(a) of the Public Resource Code defines TCRs for the purpose of CEQA as:
1) Sites, features, places, cultural landscapes (geographically defined in terms of the size and scope), sacred places, and objects with cultural value to a California Native American tribe that are either of the following:
a. included or determined to be eligible for inclusion in the California Register of Historical Resources; and/or
b. included in a local register of historical resources as defined in subdivision (k) of Section 5020.1; and/or
c. a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Section 5024.1. In applying the criteria set forth in subdivision (c) of Section 5024.1 for the purposes of this paragraph, the lead agency shall consider the significance of the resource to a California Native American tribe.

Because criteria a and b also meet the definition of a Historical Resource under CEQA, a TCR may also require additional consideration as a Historical Resource. TCRs may or may not exhibit archaeological, cultural, or physical indicators.

Recognizing that California tribes are experts in their TCRs and heritage, AB 52 requires that CEQA lead agencies initiate consultation with tribes at the commencement of the CEQA process to identify TCRs.

Furthermore, because a significant effect on a TCR is considered a significant impact on the environment under CEQA, consultation is required to develop appropriate avoidance, impact minimization, and mitigation measures.

Senate Bill 18: Effective March 2005, it requires city and county governments to consult with California Native American tribes early in the planning process with the intent of protecting traditional tribal cultural places. The purpose of involving the tribes at the early stage of planning efforts is to allow consideration

74 of tribal cultural places in context of broad local land use policy before project-level land use decisions are made by a local government. As such, SB 18 applies to the adoption or substantial amendment of general or specific plans. As the later adopted AB 52 provides for a similar review process for all discretionary reviews including general plan amendments and specific plan amendments, the provisions of SB 18 fall within the SB 52 review process for purposes of this document.

3.18.4 Cultural Setting
The Nisenan (also referred to as Southern Maidu) inhabited the General Plan area prior to large-scale European and Euroamerican settlement of the surrounding area. Nisenan territory comprised the drainages of the Yuba, Bear, and American Rivers, and the lower drainages of the Feather River. The Nisenan, together with the Maidu and Konkow, their northern neighbors, form the Maiduan language family of the Penutian linguistic stock (Shipley 1978:89). Kroeber (1976:392) noted three dialects:

Northern Hill Nisenan, Southern Hill Nisenan, and Valley Nisenan. Although cultural descriptions of this group in the English language are known from as early as 1849, most of our current cultural knowledge comes from various anthropologists in the early part of the 20th century (Levy 1978:413; Wilson and Towne 1978:397).

The basic subsistence strategy of the Nisenan was seasonally mobile hunting and gathering. Acorns, the primary staple of the Nisenan diet, were gathered in the valley along with seeds, buckeye, salmon, insects, and a wide variety of other plants and animals. During the warmer months, people moved to mountainous areas to hunt and collect food resources, such as pine nuts. Bedrock and portable mortars and pestles were used to process acorns. Nisenan settlement patterns were oriented to major river drainages and tributaries. In the foothills and lower Sierra Nevada, Nisenan located their villages in large flats or ridges near major streams. These villages tended to be smaller than the villages in the valley. (Wilson and Towne 1978:389–390.)
Trade provided other valuable resources that were not normally available in the Nisenan environment.

The Valley Nisenan received black acorns, pine nuts, manzanita berries, skins, bows, and bow wood from the Hill Nisenan to their east, in exchange for fish, roots, grasses, shells, beads, salt, and feathers (Wilson and Towne 1978). To obtain, process, and utilize these material resources, the Nisenan had an array of tools to assist them. Wooden digging sticks, poles for shaking acorns loose, and baskets of primarily willow and redbud were used to gather vegetal resources. Stone mortars and pestles were used to process many of the vegetal foods; baskets, heated stones, and wooden stirring sticks were used for cooking. Basalt and obsidian were primary stone materials used for making knives, arrow and spear points, clubs, arrow straighteners, and scrapers (Wilson and Towne 1978).

Nisenan settlement locations depended primarily on elevation, exposure, and proximity to water and other resources. Permanent villages were usually located on low rises along major watercourses. Village size ranged from three houses to 40 or 50 houses. Larger villages often had semi-subterranean dance houses that were covered in earth and tule or brush and had a central smoke hole at the top and an entrance that faced east (Wilson and Towne 1978:388). Early Nisenan contact with Europeans appears to have been limited to the southern reaches of their territory. Spanish expeditions intruded into Nisenan territory in the early 1800s. In the two or three years following the gold discovery, Nisenan territory was overrun by immigrants from all over the world. Gold seekers and the settlements that sprang up to support them were nearly fatal to the native inhabitants. Survivors worked as wage laborers and domestic help and lived on the edges of foothill towns. Despite severe depredations, descendants of the Nisenan still live in their original land area and maintain and pass on their cultural identity.

75 3.18.5 Summary of Native American Consultation
In response to AB 52 and SB 18 the City supplied the following Native American tribes with a Project description and map of the proposed project area and a request for comments:
 United Auburn Indian Community of the Auburn Rancheria  Yocha Dehe Wintun Nation
 Estom Yomeka Maidu Tribe of the Enterprise Rancheria
 Mechoopda Indian Tribe
 Pakan’yani Maidu of Strawberry Valley
 Mooretown Rancheria of Maidu Indians
 Ione Band of Miwok Indians

3.18.6 Thresholds of Significance
AB 52 established that a substantial adverse change to a TCR has a significant effect on the environment.

The thresholds of significance for impacts to TCRs are as follows:

Would the Project cause a substantial adverse change to a TCR, defined in Section 21074 as sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a Native American tribe that are:
 Included or determined to be eligible for inclusion in the California Register of Historical Resources;
 Included in a local register of historical resources as defined in subdivision k of Section 5010.1; and/or
 Determined by the City to be significant, as supported by substantial evidence, including:
o A cultural landscape with a geographically defined boundary; o A historical resource as described in Section 21084.1 (either eligible for or listed on the California Register of Historical Resources or listed on a local registry); o A unique archaeological resource as defined in Section 21083.2; and/or o A non-unique archaeological resource as defined in Section 21083.2.

In assessing substantial adverse change, the City must determine whether or not the project will adversely affect the qualities of the resource that convey its significance. The qualities are expressed through integrity. Integrity of a resource is evaluated with regard to the retention of location, design, setting, materials, workmanship, feeling, and association [CCR Title 14, Section 4852(c)]. Impacts are significant if the resource is demolished or destroyed or if the characteristics that made the resource eligible are materially impaired [CCR Title 14, Section 15064.5(a)]. Accordingly, impacts to a TCR would likely be significant if the project negatively affects the qualities of integrity that made it significant in the first place. In making this determination, the City need only address the aspects of integrity that are important to the TCR’s significance.

76 3.18.7 Impact Assessment/Environmental Consequences:
a) Would the project cause a substantial adverse change in the significance of a tribal resource, defined in Public Resources Code 21074 as either a site, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place or object with cultural value to a California Native Ameurican tribe, and that is:
i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or There is one residence on the property. The City solicited consultation with culturally affiliated California Native American tribes regarding the proposed Project in accordance with AB 52 and AB 18. No response was received. As it is very unlikely that the house that is of recent vintage has cultural significance to Native American tribes, the impact to the cultural value of a Native American tribe is less than significant.
ii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.

The City solicited consultation with culturally affiliated California Native American tribes (regarding the proposed Project) in accordance with AB 52 and AB 18. No response was received, but there remains a potential for an unknown site to exist. As such the “Unanticipated Discoveries” mitigation is utilized since there still remains the potential for previously unknown sub-surface resources to be present. In order to avoid potential impacts to unknown remains, the mitigation measure is provided below to ensure impacts on tribal cultural resources are less than significant.

3.18.8 Tribal Cultural Mitigation Measures
Tribal Cultural Resources Mitigation 1: Post Ground Disturbance A minimum of seven days prior to beginning earthwork, clearing, and grubbing, or other soil disturbing activities, the applicant shall notify lead agency of the proposed earthwork start-date. The lead agency shall contact the United Auburn Indian Community (UAIC) with the proposed earthwork start-date and a UAIC Tribal Representative or Tribal Monitor shall be invited to inspect the project site, including any soil piles, trenches, or other disturbed areas, within the first five days of groundbreaking activity, or as appropriate for the type and size of the project. During this inspection, a UAIC Tribal Representative or Tribal Monitor may provide an on-site meeting for construction personnel information on TCRs and workers awareness brochure.

If any TCRs are encountered during this initial inspection, or during any subsequent construction activities, work shall be suspended within 100 feet of the find and measures included in the Unanticipated Discoveries Mitigation Measure 2 shall be implemented. Preservation in place is the preferred alternative under CEQA and UAIC protocols, and every effort must be made to preserve the resources in place, including through project redesign.

77 The contractor shall implement any measures deemed by CEQA lead agency to be necessary and feasible to preserve in place, avoid, or minimize significant effects to the resources, including the use of paid Native American Monitor during ground disturbing activities.

Tribal Cultural Resources Mitigation 2: Unanticipated Discoveries: If any suspected TCRs are discovered during ground disturbing construction activities, all work shall cease within 100 feet of the find, or an agreed upon distance based on the project area and nature of the find. A Tribal Representative from a California Native American Tribe that is traditionally and culturally affiliated with a geographic area shall be immediately notified and shall determine if the find is a TCR (PRC 21074). The Tribal Representative will make recommendations for further evaluation and treatment as necessary.

Preservation in place is the preferred alternative under CEQA and UAIC protocols, and every effort must be made to preserve the resources in place, including through project redesign. Culturally appropriate treatment may be, but is not limited to, processing materials for reburial, minimizing handling of cultural objects, leaving objects in place within the landscape, returning objects to a location within the project area where they will not be subject to future impacts. The Tribe does not consider curation of TCR’s to be appropriate or respectful and request that materials not be permanently curated, unless approved by the Tribe.

The contractor shall implement any measures deemed by the CEQA lead agency to be necessary and feasible to preserve in place, avoid, or minimize impacts to the resource, including but limited to, facilitating the appropriate tribal treatment of the find, as necessary. Treatment that preserves or restores the cultural character and integrity of a Tribal Cultural Resource may include Tribal monitoring, culturally appropriate recovery of cultural objects, and reburial of cultural objects or cultural soil.

Work at the discovery location cannot resume until all necessary investigation and evaluation of the discovery under the requirements of CEQA, including AB 523 has been satisfied.

78 3.19. Utilities and Service Systems
Table 3.19: Utilities and Service Systems
Would the project: Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Require or result in the relocation or construction
of new or expanded water or wastewater
treatment or storm drainage, electric power,
natural gas, or telecommunications facilities, the
construction or relocation of which could cause
significant environmental effects?
X
b) Have sufficient water supplies available to serve
the project and reasonably foreseeable future
development during normal, dry, and multiple dry
years?
X
c) Result in a determination by the wastewater
treatment provider, which serves or may serve the
project that it has adequate capacity to serve the
projected demand in addition to the existing
commitments?
X
d) Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment
of solid waste reduction goals?
X
e) Comply with federal, state, and local management
and reduction statutes and regulations related to
solid waste?
X

3.19.1 Environmental Setting/Affected Environment
Wastewater: Yuba City owns, operates, and maintains the wastewater collection, treatment, and disposal system that provides sewer service to approximately 60,000 residents and numerous businesses. The remainder of the residents and businesses in the Yuba City Sphere of Influence (SOI) are currently serviced by private septic systems. In the early 1970s, the City’s original sewage treatment plant was abandoned, and the current Wastewater Treatment Facility (WWTF) was constructed.

Water: The water supply source for the City is surface water from the Feather River with use of a backup groundwater well. The City of Yuba City is a public water agency with approximately 18,045 connections.

City policy only allows areas within the City limits to be served by the surface water system.

Reuse and Recycling: Solid waste generated in Yuba City is collected by Recology Yuba-Sutter. Recology offers residential, commercial, industrial, electronic, and hazardous waste collection, processing, recycling, and disposal, as well as construction and demolition waste processing, diversion, and transfer to a disposal facility. The City’s municipal solid waste is delivered to the Ostrom Road Landfill; a Statepermitted solid waste facility that provides a full range of transfer and diversion services. As of June 2021,

79 the Recology Ostrom Road Landfill Remaining Site Net Airspace is 33,764,000 cy; and has a remaining capacity of 21,297,000 tons; and remaining landfill service life is 53 years.

3.19.2 Federal Regulatory Setting
National Pollutant Discharge Elimination System: Discharge of treated wastewater to surface water(s) of the U.S., including wetlands, requires an NPDES permit. In California, the RWQCB administers the issuance of these federal permits. Obtaining a NPDES permit requires preparation of detailed information, including characterization of wastewater sources, treatment processes, and effluent quality. Any future development that exceeds one acre in size would be required to comply with NPDES criteria, including preparation of a Stormwater Pollution Prevention Plan (SWPPP) and the inclusion of BMPs to control erosion and offsite transport of soils.

3.19.3 State Regulatory Setting
State Water Resources Control Board (SWRCB): Waste Discharge Requirements Program. State regulations pertaining to the treatment, storage, processing, or disposal of solid waste are found in Title 27, CCR, Section 20005 et seq. (hereafter Title 27). In general, the Waste Discharge Requirements (WDRs) Program (sometimes also referred to as the “Non-Chapter 15 (Non 15) Program”) regulates point discharges that are exempt pursuant to Subsection 20090 of Title 27 and not subject to the Federal Water Pollution Control Act. Exemptions from Title 27 may be granted for nine categories of discharges (e.g., sewage, wastewater, etc.) that meet, and continue to meet, the preconditions listed for each specific exemption. The scope of the WDRs Program also includes the discharge of wastes classified as inert, pursuant to Section 20230 of Title 27. Several programs are administered under the WDR Program, including the Sanitary Sewer Order and recycled water programs.

Department of Resources Recycling and Recovery (CalRecycle): The Department of Resources Recycling and Recovery (CalRecycle) is the State agency designated to oversee, manage, and track the 76 million tons of waste generated each year in California. CalRecycle develops laws and regulations to control and manage waste, for which enforcement authority is typically delegated to the local government. The board works jointly with local government to implement regulations and fund programs.

The Integrated Waste Management Act of 1989 (PRC 40050 et seq. or Assembly Bill (AB 939, codified in PRC 40000), administered by CalRecycle, requires all local and county governments to adopt a Source Reduction and Recycling Element to identify means of reducing the amount of solid waste sent to landfills.

This law set reduction targets at 25 percent by the year 1995 and 50 percent by the year 2000. To assist local jurisdictions in achieving these targets, the California Solid Waste Reuse and Recycling Access Act of 1991 requires all new developments to include adequate, accessible, and convenient areas for collecting and loading recyclable and green waste materials.

Regional Water Quality Control Boards: The primary responsibility for the protection of water quality in California rests with the State Water Resources Control Board (State Board) and nine Regional Water Quality Control Boards. The State Board sets statewide policy for the implementation of state and federal laws and regulations. The Regional Boards adopt and implement Water Quality Control Plans (Basin Plans), which recognize regional differences in natural water quality, actual and potential beneficial uses, and water quality problems associated with human activities.

National Pollutant Discharge Elimination System (NPDES) Permit: As authorized by the Clean Water Act (CWA), the National Pollutant Discharge Elimination System (NPDES) Permit Program controls water pollution by regulating point sources that discharge pollutants into water of the United States. In

80 California, it is the responsibility of Regional Water Quality Control Boards (RWQCB) to preserve and enhance the quality of the state’s waters through the development of water quality control plans and the issuance of waste discharge requirements (WDRs). WDRs for discharges to surface waters also serve as NPDES permits.

California Department of Water Resources: The California Department of Water Resources (DWR) is a department within the California Resources Agency. The DWR is responsible for the State of California's management and regulation of water usage.

3.19.4 Impact Assessment/Environmental Consequences:
a) Require or result in the relocation or construction of new or expanded water or wastewater treatment or storm drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? See b) below.
b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry, and multiple dry years? Development that could result from this Project will connect to both the City’s water and wastewater treatment systems. The Yuba City Wastewater Treatment Facility (WWTF) has available capacity to accommodate new growth. The WWTF current permitted capacity is 10.5 mgd (annual average dry weather flow). The existing average influent flow to the WWTF is approximately 6 mgd. The remaining treatment capacity at the WWTF can be used to accommodate additional flow from the future developments.

The City’s Water Treatment plant (WTP), for which its primary source of water is from the Feather River, also has adequate capacity to accommodate this project. The WTP uses two types of treatment systems, conventional and membrane treatment. The permitted capacity of the conventional WTP is 24 million gallons per day (mgd). The membrane treatment system has a permitted capacity of 12 mgd. Water produced from the conventional and the membrane treatment plants are blended for chlorine disinfection. Operating the conventional and membrane treatment facilities provides a total WTP capacity of 36 mgd. The City is permitted to draw 30 mgd from the Feather River. The current maximum day use is 26 mgd. The City also has an on-site water well at the water plant that supplements the surface water when needed.

For both facilities there are City adopted master plans to expand those plants to the extent that they will accommodate the overall growth of the City.

The ongoing expansions of those plants to accommodate growth beyond this project are funded by the connection fees paid by each new connection. Therefore, the impact on the water and wastewater treatment facilities will be less than significant.

Stormwater drainage in this area is provided by a combination of Yuba City drainage lines and the Sutter County Water Agency. As the Sutter County Water Agency did not comment on the Project, the impacts from development that may be due to this GPA/RZ on the stormwater drainage system will be less than significant.

81 The extension of electric power facilities, natural gas facilities and telecommunication facilities are provided by private companies, none of which have voiced concerns over the extensions of their services to this Project site. With these considerations the impacts on these types of facilities are expected to be less than significant.
c) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the projected demand in addition to the existing commitments?
See Parts a) and b), above.
d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals.

See e) below.
e) Comply with federal, state, and local statutes and regulations related to solid waste? Recology Yuba-Sutter provides solid waste disposal for the area as well as for all of Sutter and Yuba Counties. There is adequate collection and landfill capacity to accommodate the proposed development.

82 3.20. Wildfire
Table 3.20: Wildfire
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Substantially impair an adopted emergency
response plan or emergency evacuation plan? X
b) Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose
project occupants to pollutant concentrations from
a wildfire or the uncontrolled spread of a wildfire?
X
c) Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power lines or
other utilities) that may exacerbate fire risk or that
may result in temporary or ongoing impacts to the
environment?
X
d) Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability, or drainage changes?
X

3.20.1 Environmental Setting/Affected Environment
Wildland fires are an annual hazard in Sutter County, particularly in the vicinity of the Sutter Buttes, and, to a lesser degree due to urbanized development, Yuba City. Wildland fires burn natural vegetation on undeveloped lands and include rangeland, brush, and grass fires. Long, hot, and dry summers with temperatures often exceeding 100°F add to the County’s fire hazard. Human activities are the major causes of wildland fires, while lightning causes the remaining wildland fires. Irrigated agricultural areas, which tend to surround Yuba City, are considered a low hazard for wildland fires.

The California Department of Forestry and Fire Protection’s Fire and Resource Assessment Program identifies fire threat based on a combination of two factors: 1) fire frequency, or the likelihood of a given area burning, and 2) potential fire behavior (hazard). These two factors are combined in determining the following Fire Hazard Severity Zones: Moderate, High, Very High, Extreme. These zones apply to areas designated as State Responsibility Areas – areas in which the State has primary firefighting responsibility.

The Project site is not within a State Responsibility Area and therefore has not been placed in a Fire Hazard Severity Zone.

3.20.2 Impact Assessment/ Environmental Consequences
a) Substantially impair an adopted emergency response plan or emergency evacuation plan? As discussed in Section 3.17 of this Initial Study, redevelopment of this parcel that could result from this GPA/RZ is not expected to substantially obstruct emergency vehicles or any evacuations that may occur in the area. Therefore, the impacts of the Project related to emergency response or evacuations would be less than significant.

83 b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? The Project site is in a level urban area with no native vegetation remaining, and the urban area is surrounded by irrigated farmland. This type of environment is generally not subject to wildfires. In light of this, the exposure of potential new residences that may be constructed as a result of this GPA/RZ to wildfire is less than significant.
c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
As discussed above, the site is not near any wildland areas and the Project itself does not propose any development. As such the Project will not be constructing or maintaining wildfire related infrastructure such as fire breaks, emergency water sources, etc. Thus, the Project will not generate any impacts. d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? The Project site is in a topographically flat area. There are no streams or other channels that cross the site. As such, it is not expected that people or structures would be exposed to significant risks from changes resulting from fires in steeper areas, including downslope or downstream flooding or landslides.

Impacts of the Project related to these issues would be less than significant.

84 3.21. Mandatory Findings of Significance
Table 3.21: Mandatory Findings of Significance
Would the Project: Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
a) Does the project have the potential to degrade the
quality of the environment, substantially reduce
the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, substantially reduce the number, or
restrict the range of a rare or endangered plant or
animal or eliminate important example of the
major periods of California history or prehistory?
X
b) Have impacts that are individually limited, but
cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects
of a project are considerable when viewed in
connection with the effects of past projects, the
effects of other current projects, and the effects of
probable future projects)
X
c) Have environmental effects, which will cause
substantial adverse effects on human beings,
either directly or indirectly?
X

3.21.1 Impact Assessment/Environmental Consequences:
a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number, or restrict the range of a rare or endangered plant or animal or eliminate important example of the major periods of California history or prehistory?
The Project site was stripped many years ago of native vegetation, likely for agricultural uses and more recently for urban uses. Therefore any development that could occur as a result of this Project will not significantly degrade the quality of the natural environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate an important example of the major periods of California history or prehistory.

The analysis conducted in this Initial Study/Mitigated Negative Declaration results in a determination that the proposed Project, with its mitigation measures, will have a less than significant effect on the local environment.
b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when

85 viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)
CEQA Guidelines Section 15064(i) states that a Lead Agency shall consider whether the cumulative impact of a project is significant and whether the effects of the project are cumulatively considerable. The assessment of the significance of the cumulative effects of a project must, therefore, be conducted in connection with the effects of past projects, other current projects, and probable future projects.

This amendment to the Land Use Element of the General Plan was compared to policies in other elements of the General Plan. As such the potential traffic generated by development that may result from this GPA/RZ is within what was anticipated in the General Plan which considered anticipated future growth of the area. The City has adequate water and wastewater capacity, and the potential development will utilize those services. Stormwater drainage will also meet all City standards. There will be no loss of agricultural land. The Yuba City Unified School District has not indicated that they lack capacity to provide proper educational facilities to the new students. The FRAQMD also did not comment that the Project would create any significant cumulative impacts on air quality. Therefore, there are no impacts that will be individually limited but that will create significant cumulative impacts. c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly?
The development that may result from this proposed Project in and of itself would not create a significant hazard that has not been mitigated to the public or the environment. Construction-related air quality, noise, and hazardous materials exposure impacts would occur for a very short period and only be a minor impact during that time period. Therefore, the proposed PGPA/RZ would not have any direct or indirect significant adverse impacts on humans.

86 4. Section References and/or Incorporated by Reference According to Section 15150 of the CEQA Guidelines, an ND may incorporate by reference all or portions of another document that is a matter of public record. The incorporated language will be considered to be set forth in full as part of the text of the ND. All documents incorporated by reference are available for review at, or can be obtained through, the City of Yuba City Development Services Department located at the address provided above. The following documents are incorporated by reference:

Fehr & Peers, Inc. September 2020. SB 743 Implementation Guidelines for City of Yuba City.

Governor’s Office of Planning and Research, November 2017. Technical Advisory on Evaluating Transportation Impacts in CEQA.

Sacramento Area Council of Governments. Hex Maps. Work VMT-2020 MTP/SCS (Adopted).

California Department of Conservation, Division of Land Resource Protection (CDC DLRP). 2014. Farmland Mapping and Monitoring Program – Sutter County Important Farmland 2012. August 2014.

California Department of Conservation, Division of Land Resource Protection (CDC DLRP). 2013. Sutter County Williamson Act FY 2013/2014.

Carollo. 2011. City of Yuba City 2010 Urban Water Management Plan. June 2011.

Yuba City, City of. 2016. City of Yuba City Municipal Code. https://www.municode.com/library/ca/yuba_city/codes/code_of_ordinances Dyett & Bhatia. 2004. City of Yuba City General Plan. Adopted April 8, 2004.

Yuba City General Plan, 2004 Environmental Impact Report. (SCH #2001072105).

Fehr & Peers Associates, Inc. 1995. Yuba-Sutter Bikeway Master Plan. December 1995. “Determination of 1-in-200 Year Floodplain for Yuba City Urban Level of Flood Protection Determination,” prepared for Yuba City by MBK Engineers, November 2015.

Sutter County General Plan.

Feather River Air Quality Management District (FRAQMD) CEQA Significance Thresholds.

Yuba Sutter Transit Route Map.

California Department of Conservation, California Geological Survey. “Fault Zone Activity Map.” AlquistPriolo Earthquake Fault Zones.

California Department of Toxic Substances Control (DTSC). 2016. EnviroStor. Available at http://www.envirostor.dtsc.ca.gov/public/

87 California Department of Conservation, Division of Land Resource Protection Farmland Mapping and Monitoring Program – Sutter County Important Farmland Map.

Federal Emergency Management Agency (FEMA), Flood Insurance Rate Maps.

Carollo. 2011. City of Yuba City 2010 Urban Water Management Plan. June 2011.

City of Yuba City Wastewater Master Plan.

Sutter County Airport Comprehensive Land Use Plan, April 1994.

Yuba County Airport Land Use Compatibility Plan, Sept. 2010.

California Department of Transportation (Caltrans). 2011. California Scenic Highway Mapping System website. Updated September 7, 2011. Available at
http://dot.ca.gov/hq/LandArch/16_livability/scenic_highways/index.htm

88 Appendix A

MITIGATION MEASURES AND MONITORING PLAN
Bains-Butte House General Plan Amendment and
Rezone
Initial Study and Mitigated Negative Declaration EA 23-06 For General Plan Amendment 23-03 and Rezone 23-03

89 City of Yuba City

MITIGATION MEASURES AND MONITORING PLAN
For Jaswant Bains General Plan Amendment & Rezoning
Initial Study and Mitigated Negative Declaration EA 23-06 For General Plan Amendment 23-03 and Rezoning 23-03
Impact Mitigation Measure Responsible
Party
Monitoring
Party Timing

3.7 Geology
and Soils
Paleontological Mitigation Measure 1:

This Mitigation Measure shall be placed
as a note on the Demolition and Grading
Plans. If paleontological resources are
found, the construction manager shall
halt all activity and immediately contact
the Development Services Department
at 530-822-4700.

Mitigation shall be conducted as follows:

1. Identify and evaluate
paleontological resources by
intense field survey where
impacts are considered high;

2. Assess effects on identified sites;

3. Consult with the
institutional/academic
paleontologists conducting
research investigations within the
geological formations that are
slated to be impacted;

4. Obtain comments from the
researchers;

5. Comply with researchers’
recommendations to address any
significant adverse effects were
determined by the City to be
feasible.

In considering any suggested mitigation
proposed by the consulting
paleontologist, the City’s Community
Development Department Staff shall
determine whether avoidance is
necessary and feasible in light of factors
such as the nature of the find, project
design, costs, Specific or General Plan
policies and land use assumptions, and
Developer Developer,
Public Works
Dept.,
Development
Services Dept.

During grading
phase

90 other considerations. If avoidance is
unnecessary or infeasible, other
appropriate measures (e.g., data
recovery) shall be instituted. Work may
proceed on other parts of the project site
while mitigation for paleontological
resources is carried out.

3.8. Greenhouse
Gases
Greenhouse Gas Mitigation 1: The site
grading and construction of the selfstorage facility shall comply with the GHG Reduction Measures provided in
the adopted Yuba City Resource
Efficiency Plan.

Developer Development
Services Dept.

Prior to
issuance of
building
permits.

3.18. Tribal
Cultural
Resources
Tribal Cultural Resources Mitigation 1:

Unanticipated Discoveries: If any
suspected TCRs are discovered during
ground disturbing construction
activities, all work shall cease within
100 feet of the find, or an agreed upon
distance based on the project area and
nature of the find. A Tribal
Representative from a California Native
American Tribe that is traditionally and
culturally affiliated with a geographic
area shall be immediately notified and
shall determine if the find is a TCR (PRC
21074). The Tribal Representative will
make recommendations for further
evaluation and treatment as necessary.

Preservation in place is the preferred
alternative under CEQA and UAIC
protocols, and every effort must be
made to preserve the resources in
place, including through project
redesign. Culturally appropriate
treatment may be, but is not limited to,
processing materials for reburial,
minimizing handling of cultural objects,
leaving objects in place within the
landscape, returning objects to a
location within the project area where
they will not be subject to future
impacts. The Tribe does not consider
curation of TCR’s to be appropriate or
respectful and request that materials
Developer Developer,
Public Works
Dept.,
Development
Services Dept.

During
construction
phase

91 not be permanently curated, unless
approved by the Tribe.

The contractor shall implement any
measures deemed by the CEQA lead
agency to be necessary and feasible to
preserve in place, avoid, or minimize
impacts to the resource, including but
limited to, facilitating the appropriate
tribal treatment of the find, as
necessary. Treatment that preserves or
restores the cultural character and
integrity of a Tribal Cultural Resource
may include Tribal monitoring,
culturally appropriate recovery of
cultural objects, and reburial of cultural
objects or cultural soil.

Work at the discovery location cannot
resume until all necessary investigation
and evaluation of the discovery under
the requirements of CEQA, including AB
523 has been satisfied.

Agenda Item 6

CITY OF YUBA CITY

STAFF REPORT
Date: January 16, 2024
To: Honorable Mayor & Members of the City Council;
From: Finance/IT Department
Presentation By: Spencer Morrison, Finance Director
Summary
Subject: Annual Community Facilities District Report Pursuant to Government Code Section 53411
Recommendation: Note and file
Fiscal Impact: Information item only
Purpose:

Annual report on the background and status of the Community Facilities District as required by state law.

Council's Strategic Goal:

This item fulfills the City Council strategic goal of fiscal responsibility.

Background:

In accordance with Government Code Sections 50075.3 (regarding special taxes) and 53411 (report on bonded proceeds), a report concerning the Sunsweet Boulevard and Valencia Estates Community Facilities Districts is required to be filed annually with the City Council. This staff report serves to fulfill the requirements.

Analysis:

The report must address the following items:

Sunsweet Boulevard, established 2004

1. The amount of funds collected and expended – On May 12, 2005, the City issued $3,250,000 in Community Facilities District Bonds. Of this amount, $2,705,904 was placed into the project fund and the remainder was used for cost of issuance and to establish a reserve fund. The entire $2,705,904 has been expended on the project. On July 19, 2016, the outstanding bonds, $2,437,327, were refunded and are referred to as special tax refunding bonds, series 2016.

Special tax assessments were placed on the properties within the district and the amount

collected for fiscal year 2022-23, as of December 31, is $225,333 in assessments. These funds will be used to pay debt service.

2. The status of the project required or authorized to be funded – The project as defined by the “List of Authorized Facilities” (that was adopted as part of the resolution forming the district) is complete, including related improvements (traffic signal at Highway 99 and connector road to Walton Avenue on the south side of Sunsweet), with a Notice of Completion dated July 2007.

CFDs 2017-1 and 2021-1

1. The amount of funds collected and expended – during fiscal year 2022-23, the City collected $48,242 in special assessments from the district property owners.

2. The status of the project required or authorized to be funded – the City expended $6,406.79 for district administration on behalf of the district with the remainder to fund Police protection services; Fire protection and suppression services; maintenance of parks, parkways, streets and roads, and open space; flood and storm protection services, among other less common services.

Fiscal Impact:

Information item only.

Alternatives:

Not applicable.

Recommendation:

Note and file the annual Community Facilities District report pursuant to Government Code Section 53411.

Attachments:

None
Prepared By: Submitted By:

Spencer Morrison
Finance Director
Spencer Morrison
Finance Director

Agenda Item 7

CITY OF YUBA CITY

STAFF REPORT
Date: January 16, 2024
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Shon Harris, , Mayor
Summary
Subject: 2024 Council Assignments - Amended
Recommendation: Approve the Mayor’s Amended Assignments to Regional Boards and Committees for Calendar Year 2024
Fiscal Impact: None
The amended assignment list below reflects the most up-to-date appointments:

The updates are as follows:

Gilsizer Drainage District
Shon Harris (Mayor)
Wade Kirchner
Marc Boomgaarden (Alt)
[Remove Michael Pasquale]
North Sacramento Valley Integrated Regional Water Management Group Michael Pasquale
[Remove Wade Kirchner]
Attachments:

1. 2024 - Council Assignments 01.16.24 v2
Prepared By: Submitted By:

Ciara Wakefield
City Clerk Administrator
Diana Langley
City Manager

ATTACHMENT 1

Page | 1
City Council
2024 Boards and Commission Assignments
Commission Members Date/Time/Location Contact 700
Form Stipend
Advisory Board Screening
Committee
Shon Harris (Mayor)
Dave Shaw (Vice-Mayor)
As needed – to fill term
ending dates June & Dec
1201 Civic Center Blvd YC
Ciara Wakefield
City Clerk Administrator
(530) 822-4817
[email protected]
NO None
Beale Military Liaison Marc Boomgaarden
Michael Pasquale (Alt)
Volunteer/Advocacy
As needed
Janice Nall – Beale AFB
(530) 218-2121
[email protected]
N/A None
Blue Zones Shon Harris TBD / As needed
Marni Sanders
Executive Director
[email protected]
NO None
Countywide Redevelopment
Oversight Board*
(Mayoral appointment)
Dave Shaw
Michael Pasquale (Alt)
As needed - Sutter County
1160 Civic Center Blvd
Yuba City, CA 95993
Steve Smith, Assistant CAO
(530) 822-7100
[email protected]
YES None
Feather River Air Quality
Management District
(FRAQMD)
Michael Pasquale
Wade Kirchner (Alt)
4:00 p.m. First Monday
Every other Month
541 Washington Ave, YC
Shelley Channel and
Maria Ramos - FRAQMD
(530) 634-7659 Ext 204
[email protected]
[email protected]
YES $100/meeting
Gilsizer Drainage District
Shon Harris (Mayor)
Wade Kirchner
Marc Boomgaarden (Alt)
4:00 p.m. Monthly
Every 2nd Wednesday
1201 Civic Center Blvd YC
Tammi Gaschke – Sutter Co
(530) 822-7450
[email protected]
YES None
Gov’t Affairs Committee for
Sutter Yuba Homeless
Consortium
Michael Pasquale
Shon Harris (Alt)
When called
Via Zoom
Johnny Burke
(530) 632-5761
[email protected]
YES None
Greater Sacramento Economic
Development Council
(Recommendation)
Dave Shaw
Diana Langley
9:00 a.m. Quarterly
400 Capitol Mall #2520
Brittany Jones
(916) 287-9082
[email protected]
NO None
Intergovernmental Relations
Committee (IRC)
Shon Harris (Mayor)
Dave Shaw (Vice-Mayor) TBD / As needed
Judy Sanchez
(530) 822-4602
[email protected]
NO None
Local Agency Formation
Commission (LAFCO)
Marc Boomgaarden
Shon Harris (Alt)
2:00 p.m., 2nd Thursdays
Jan, Mar, May, July, Sep, Nov
1201 Civic Center Blvd YC
Doug Libby, Executive Director
(530) 822-3231
[email protected]
YES None

Page | 2
City Council
2024 Boards and Commission Assignments
Commission Members Date/Time/Location Contact 700
Form Stipend
North Sacramento Valley
Integrated Regional Water
Management Group
Michael Pasquale
9:00 a.m. Mondays TBD
210 N. Lassen St
City Hall - Willows
Guadalupe Rivera
(530) 822-7400
[email protected]
YES None
Regional Housing Authority Marc Boomgaarden
12:15 p.m. Twice /Month
1st & 3rd Wednesdays
1455 Butte House Rd, YC
Jennifer Ruiz – Housing Authority
(530) 671-0220 Ext 122
[email protected]
YES $50/meeting
Regional Waste Management Dave Shaw
Wade Kirchner (Alt)
4:30 p.m. Monthly
Every 3rd Thursday
915 8th Street, Msvl
Scott Scholz & Lisa O’Leary
(530) 634-6890
[email protected]
[email protected]
YES $100/meeting
Regional Water Authority Wade Kirchner
Ben Moody
9:00 am 2nd Thursday
every other month in
various locations
Ashley Flores, Executive
Assistant & Board Secretary
(916) 967-7692 x2000
[email protected]
YES None
Sacramento Area Council of
Governments (SACOG)
Shon Harris
Marc Boomgaarden (Alt)
9:00 a.m. Monthly
Every 3rd Thursday
1415 L St #300, Sacto
Lanette Espinoza - SACOG
(916) 340-6232
[email protected]
YES $100/meeting
School District Liaison Dave Shaw
Shon Harris (Alt)
Quarterly
Thursdays @ 3:00
750 Palora Ave, YC
Lora Broad – YCUSD
(530) 822-7601
[email protected]
NO None
Sutter Animal Services
Authority (SASA)
Shon Harris
Michael Pasquale
Marc Boomgaarden (Alt)
4:00 p.m. Monday
Jan-Apr-Jun-Sep-Nov.
1201 Civic Center Blvd, YC
Ann Gillen – Yuba City
(530) 822-4652
[email protected]
YES None
Sutter Butte Flood Control
Agency (SBFCA)
Marc Boomgaarden
Wade Kirchner
Michael Pasquale (Alt)
Dave Shaw (Alt)
1:00 p.m. Monthly
Every 2nd Wednesday
1201 Civic Center Blvd, YC
Terra Yaney – SBFCA
(530) 755-9859
[email protected]
YES None
Sutter County Children &
Families Commission Marc Boomgaarden Quarterly
Location TBD
Julie Price
(530) 822-7505
[email protected]
YES None

Page | 3
City Council
2024 Boards and Commission Assignments
Commission Members Date/Time/Location Contact 700
Form Stipend
Sutter Yuba Mosquito Vector
District Wade Kirchner
4:00 p.m. Monthly
Every 2nd Thursday
701 Bogue Road, YC
Stephen Abshier & Jessica
Farrell
(530) 674-5456
[email protected]
[email protected]
YES $100/meeting
Yuba Sutter Arts Shon Harris
6:00 p.m. Monthly
Every 4th Wednesday
624 E Street, Msvl
David Read, Executive Director
(530) 742-2787
[email protected]
YES None
Yuba Sutter Economic
Development Corporation
(Recommendation)
Michael Pasquale
Diana Langley
Dave Shaw (Alt)
Meets Quarterly
950 Tharp Road, #1303,
YC
Brynda Stranix, CEO
(530) 751-8555
[email protected]
NO None
Yuba-Sutter Transit Authority
(YSTA)
Dave Shaw
Wade Kirchner
Michael Pasquale (Alt)
Shon Harris (Alt)
4:00 p.m. Monthly
Every 3rd Thursday
915 8th Street, Msvl
Matthew Mauk & Lisa O’Leary
(530) 634-6880
[email protected]
[email protected]
YES $100/meeting
Ad Hoc Committees Members
Pension Policy Shon Harris
Dave Shaw
Development Impact Fee Dave Shaw
Marc Boomgaarden
Budget Oversight Shon Harris
Michael Pasquale
Sikh Parade Shon Harris
Dave Shaw
Habitat for Humanity Marc Boomgaarden
Michael Pasquale
Revenue Dissolved

Page | 4
City Council
2024 Boards and Commission Assignments
* = Mayoral Appointment ** = Recommendation Grey = Ad Hoc Committee Shon Harris Dave Shaw Marc Boomgaarden Wade Kirchner Michael Pasquale Advisory Board Screening
Committee
Advisory Board Screening
Committee Beale Military Liaison Feather River Air Quality Management District (Alt) Beale Military Liaison (Alt)
Gilsizer Drainage District* County-Wide RDA
Oversight Board* Gilsizer Drainage District* (Alt) Gilsizer Drainage District* County-Wide RDA Oversight Board* (Alt) Gov’t Affairs Committee for
Sutter Yuba Homeless
Consortium (Alt)
Greater Sacramento
Economic Council (GSEC)
Local Agency Formation
District (LAFCO)
Regional Waste
Management Authority
(RWMA) (Alt)
Feather River Air Quality
Management District
Intergovernmental Relations
Committee
Intergovernmental
Relations Committee Regional Housing Authority Regional Water Authority (RWA)
Gov’t Affairs Committee
for Sutter Yuba Homeless
Consortium
Local Agency Formation
District (LAFCO) (Alt) School District Liaison Sacramento Area Council of Government (SACOG) (Alt)**
Sutter Butte Flood Control
Agency (SBFCA)
North Sac Valley
Integrated Regional Water
Mgmt Group
Sacramento Area Council of
Governments (SACOG)**
Regional Waste
Management Authority
(RWMA)
Sutter Animal Services
Authority (SASA) (Alt)
Sutter Yuba Mosquito
Vector District
Sutter Animal Services
Authority (SASA)
School District Liaison (Alt)
Sutter Butte Flood
Control Agency (SBFCA)
(Alt)
Sutter Butte Flood Control
Agency (SBFCA)
Yuba-Sutter Transit
Authority (YSTA)
Sutter Butte Flood Control
Agency (SBFCA) (Alt)
Sutter Animal Services
Authority (SASA)
Yuba-Sutter Economic
Development Corp
(YSEDC) (Alt)**
Sutter County Children &
Families Commission
Yuba-Sutter Economic
Development Corp
(YSEDC)**
Yuba Sutter Arts Council Yuba-Sutter Transit
Authority (YSTA)
Development Impact Fee
Ad Hoc
Yuba-Sutter Transit
Authority (YSTA) (Alt)
Yuba-Sutter Transit
Authority (YSTA) (Alt) Pension Policy Ad Hoc Habitat for Humanity Ad Hoc Budget Oversight Ad Hoc Pension Policy Ad Hoc Development Impact Fee
Ad Hoc
Habitat for Humanity Ad
Hoc
Budget Oversight Ad Hoc Sikh Parade Ad Hoc
Sikh Parade Ad Hoc

Agenda Item 8

CITY OF YUBA CITY

STAFF REPORT
Date: January 16, 2024
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Waste Water Treatment Facility Lift Station 2 Rehabilitation Project - Contingency Increase
Recommendation: Adopt a Resolution which takes the following actions:

A. Authorize an increase in the construction contingency of $60,213.37, with a finding that it is in the best interest of the City
B. Authorize Amendment No. 1 to the Professional Services Agreement with Inferrera Construction Management Group, Inc. of Shingle Springs, CA for Construction Management and Inspection Services in the amount of $22,500.00, subject to material terms, with a finding that it is in the best interest of the City Fiscal Impact: $82,713.37 – Account No. 1105 (Lift Station Improvements) Purpose:

To maintain the City’s Wastewater Treatment Facility (WWTF) operational effectiveness through proactive rehabilitation and major maintenance.

Council’s Strategic Goal:

This project addresses the City Council’s Strategic Goal of improving the City’s infrastructure.

Background:

The City’s wastewater collections system includes 17 lift stations, which were evaluated by the City’s consultant in the 2020 Wastewater Master Plan. Major rehabilitation of Lift Station 2 was recommended as a priority for completion within the first one to five years under the 2020 plan.

Identified concerns include exposed aggregate and reinforcing bars in the wet well and the lack of a bypass discharge option for emergencies and shutdowns.

This project proposes the rehabilitation of the Lift Station 2 wet well, installation of new pumps, and construction of a new bypass connection. To rehabilitate Lift Station 2, a large bypass system will be utilized to divert all sewage flow during the construction process.

On June 6, 2023, Council awarded a construction contract to W.M. Lyles, Inc. (Lyles) of Fresno, CA to perform this work, as well as a professional services agreement with Inferrera Construction Management Group, Inc. (ICM) to perform construction management and inspection services during construction.

Analysis:

The project specifications call for the following Lift Station Wet Well improvements:
• Wet well to be detergent steam cleaned
• Voids and cracks within the wet well to be repaired
• Exposed corroded reinforcement bars to be cleaned and patched to original concrete surface • Wet well to be coated with SewperCoat Cementitious Coating (SewperCoat) • New pumps installed
Construction Contingency:

This work must be completed while a large and complex sewage bypass system is operating concurrently with the wet well rehabilitation to prevent a lapse in wastewater services. Construction on the wet well started in September 5th, 2023. Two significant unforeseen conditions that were uncovered upon cleaning the wet well (Damaged Reinforcement Bars) and (Damaged Discharge Piping) were presented to Council on October 3, 2023 and additional funding for repairs was approved.

As work to coat the wet well with SewperCoat began, ICM identified, and staff confirmed, an approximately 3/16” unknown existing cementitious surface coating (unknown coating) was present within various sections of the wet well. Testing of the unknown coating by ICM yielded a noncompliant surface incompatible with Sewpercoat. To obtain satisfactory performance of SewperCoat and remain in compliance with SewperCoat warranty, the unknown coating had to be removed to the original wet well concrete subsurface. Performing this extra work extended the bypass operation and schedule by approximately two (2) weeks. Due to the massive effort to bypass the sewage flow into the lift station, the additional work needed to be completed expeditiously to facilitate completion of the Project. Costs incurred by the Contractor to operate the bypass system is approximately $2,000/day. Staff authorized Lyles to proceed with removing the unknown coating prior to Council authorization, in order to avoid contract delays, additional costs, and keep the project moving forward.

Even with the considerable added work, the project progressed expeditiously and was completed on October 25th, 2023. On December 8, 2023, Lyles submitted an invoice totaling $73,175.32 for the unknown coating removal work, including costs to extend the bypass operation. ICM and staff have reviewed the invoice and determined it is compliant with the City’s extra work provisions of the project contract specifications and reflects actual costs required to perform work.

Construction Management & Inspection:

ICM has actively managed its budget throughout the construction process and has a balance of $9,403.75 remaining through October 2023. However, to provide the necessary construction management and inspection staffing required to oversee the final construction completion and assure that the Lyles performed extra work per Contract Specifications, staff is requesting an additional $25,000 in budget authority. This represents the amount required to complete all construction management and inspection services through project completion, including additional work performed during the damaged reinforcement bars, damaged discharge piping, and unknown

coating delays, and change order invoice review.

Fiscal Impact:

With the construction contract award on June 6, 2023, Council authorized a total construction contract amount of $347,600.00 with a 20% contingency of $69,520.00. Council also authorized a construction management and inspection contract amount of $39,500.00.

Previously approved (October 3, 3023 Council meeting) additional construction funding:
$35,000.00 – Damaged Rebar Replacement
$25,000.00 – Discharge Piping Replacement
$60,000.00 – Bypass Operation
$120,000.00 – Total Additional Construction Funding Required $44,520.00 – Less Construction Contingency Remaining on Project $75,480.00 – Total Additional Authorization Requested
With the unforeseen discovery of the unknown coating, staff is requesting the following additional construction funding authorization:
$145,000.00 – Total Additional Construction Contingency Authorized $132,038.05 – Less Construction Contingency Expended on Project $12,961.95 – Construction Contingency remaining on project $73,175.32 – Amount Needed for Unknown Coating Removal & Bypass Operation $60,213.37 – Total Additional Construction Authorization Requested $62,000.00 – Total CM & Inspection Required
$39,500.00 – CM & Inspection Contract Amount
$22,500.00 – Total Additional CM & Inspection Requested $82,713.37 - Total Additional Funding Requested
Capital Improvement Program (CIP) Account No. 981105 (Lift Station Improvements) has a current available balance of approximately $608,000.00.

Alternatives:

There is no reasonable alternative to performing the additional work described in this staff report.

Foregoing this work would void the SewperCoat warranty and compromise the structural integrity of the wet well.

Recommendation:

Adopt a Resolution which takes the following actions:

1. Authorize an increase in the construction contingency of $60,213.37, with a finding that it is in the best interest of the City.

2. Authorize Amendment No. 1 to the Professional Services Agreement with Inferrera Construction Management Group, Inc. of Shingle Springs, CA for Construction Management and Inspection Services in the amount of $22,500.00, subject to material terms, with a finding that it is in the best interest of the City.

Attachments:

1. Resolution - Contingency Increase

2. Amendment No. 1 to the Professional Service Agreement

3. Prime Professional Service Agreement
Prepared By: Submitted By:

Nick Menezes
Associate Civil Engineer
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ICM FOR

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES AND

AUTHORIZING AN INCREASE IN CONSTRUCTION CONTINGENCY FUNDING FOR THE WWTF LIFT STATION 2 REHABILITATION PROJECT (21-24)
WHEREAS, on June 6, 2023, the City of Yuba City (City) awarded a construction contract to W.

M. Lyles, Inc., in the total amount of $347,600.00 for the WWTF Lift Station 2 Rehabilitation Project (Project), with the finding that it is in the best interest of the City; and WHEREAS, on June 6, 2023, the City awarded a Professional Services Agreement to Inferrera Construction Management Group, Inc. of Shingle Springs, CA to provide construction management and inspection services necessary for the Project; and WHEREAS, with the award of said construction contract the City authorized a construction contingency amount of $69,520.00; and
WHEREAS, on October 3, 2023, City Council authorized an increase in the construction contingency of $75,480.00 in response to unforeseen conditions related to reinforcement bars (rebar) repair and pump discharge piping repair; and
WHEREAS, upon wet well detergent steam cleaning and subsequent field inspection activities it was discovered that the existing wet well contained sections of a non-compliant unknown cementitious coating (unknown coating) requiring additional work and bypass operations to remove in order to satisfy SewperCoat application and warranty requirements; and WHEREAS, ICM and staff have determined that costs for removal of the unknown coating and additional bypass system operation are accurate and compliant with the extra work provisions of the project contract specifications; and
WHEREAS, ICM has actively managed its budget throughout the extended construction process, yet requires an additional $22,500.00 in ICM labor charges and expenses to closeout Project; and WHEREAS, the City Council desires to amend the Professional Services Agreement with ICM for construction management and inspection services associated with the Project.

NOW, THEREFORE, be it resolved by the City Council of the City of Yuba City as follows:

1. The City Council finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.

2. The City Council hereby authorizes an increase in the construction contingency of $60,213.37, with a finding that it is in the best interest of the City.

3. The City Council hereby authorizes the City Manager to enter into Amendment No. 1 to the Professional Services Agreement with ICM of Shingle Springs, CA for construction management and inspection services in the amount of $22,500.00, for a total contract amount of $62,000.00, subject to material terms and approval as to legal form by the City

Attorney. The City Council finds that approval of such amendment in the best interest of the City.

4. This Resolution shall become effective immediately.

The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 16th day of January, 2024.

AYES:

NOES:

ABSENT:

Shon Harris, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit “A” – Amendment No. 1 to the Professional Service Agreement

01248.0006/607565.1
AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL SERVICES INFERRERA CONSTRUCTION MANAGEMENT GROUP, INC.

Inferrera Construction Management Group, Inc.
7040 Settlers Trail
Shingle Springs, CA 95682
SUBJECT: Amendment No. 1 to Scope of Services for Lift Station No. 2 Rehabilitation Project This Amendment to the Agreement for Professional Services dated July 12, 2023 (“First Amendment”) is made and entered into as of the day of 2024 by and between the City of Yuba City (“City”) and Inferrera Construction Management Group, Inc. (“Consultant”).

Recitals
Whereas, by Professional Services Agreement dated July 12, 2023 (“Prime Agreement”), City entered into an agreement with Consultant for professional engineering and project development services for the City’s Lift Station No. 2 Rehabilitation Project in the amount of $39,500.

Whereas, construction on the Project commenced on August 15, 2023 and was subsequently extended by approximately 2-weeks due to several unforeseen construction conditions, both Parties desire to amend the Prime Agreement to provide for revised compensation related to the Consultant providing construction management and inspection services for the extended construction duration of the Lift Station No. 2 Rehabilitation Project.

Agreement
In consideration of the foregoing Recitals and for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and Consultant agree as set forth herein. (Additions to the original text of the Prime Agreement are noted with a double underline, and deletions are noted with a strike through.)

1. The following paragraph 3 of the Prime Agreement is amended to read in its entirety as follows:

Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit A, which is attached hereto and incorporated herein by reference.

In no event shall Consultant’s total compensation exceed thirty nine thousand five hundred dollars ($39,500) Sixty-two thousand dollars ($62,000) without additional written authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even it such defects were know to the City at the time of payment.

2. A copy of the Prime Agreement is attached hereto as Exhibit “A” and, except as otherwise amended by this First Amendment, is incorporated as though set forth in full herein.

3. Except as amended in this First Amendment, the terms and conditions of the Prime Agreement shall remain the same and shall be in full force and effect. This First Amendment is not effective until approved and executed by the authorized City representative.

01248.0006/607565.1
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first written above.

CITY:

CITY OF YUBA CITY, a municipal corporation
Diana Langley, City Manager
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Shannon Chaffin, City Attorney
CONSULTANT:

INFERRERA CONSTRUCTION MANAGEMENT
GROUP, INC.

Jeffrey Inferrera, PE
Kindly execute the original and two (2) copies and return to City Hall at 1201 Civic Center Boulevard, Yuba City, CA 95993; the City will return a fully-executed copy to you via mail for your files.

Attachments:

Exhibit A: Prime Agreement.

01248.0006/607565.1
Exhibit A – Prime Agreement

Agenda Item 9

CITY OF YUBA CITY

STAFF REPORT
Date: January 16, 2024
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Diana Langley, City Manager
Summary
Subject: THIS ITEM IS TIME CERTAIN AT 6:50PM, FOR VERBAL COMMENT DIAL 1- 866-730-7514 PIN# 663320
Public Hearing No. 3 for Updating of City Councilmember District Boundaries for Annexed Property
Recommendation: Conduct a Public Hearing to receive public input on district boundaries to account for property annexed to the City
Fiscal Impact: None
Purpose:

To receive a report on the districting process for annexed property and permissible criteria to be considered to modify district boundaries; and conduct a Public Hearing to receive public input on district boundaries.

Council's Strategic Goal:

Including recently annexed areas into the City Council District Boundaries addresses the City Council's overarching goal of quality of life.

Background:

Prior to the November 2022 election, City Councilmembers were elected at-large in which every voter in the City voted for each member of Council, regardless of where the voter or the candidate is registered to vote in the City. Under a district-based system of elections, the City is divided into districts, candidates may only run for the seat representing the district in which they are registered to vote, and voters may only vote for a candidate from their district. One of the reasons for the transition is that district elections are consistent with the California Voting Rights Act (CVRA), which encourages district elections for communities with a significant population of minority groups.

Between September 21, 2021, and February 1, 2022, the City Council held five public hearings to establish a District-Based System of Elections for members of the City Council. On February 1, 2022, City Council adopted an Ordinance adding Sections 2-9.04, 2-9.05, and 2-9.06 to Chapter 2, Title 9 of the Yuba City Municipal Code to establish a District-Based System of Elections for members of the City

Council. The Ordinance is based on the National Demographics Corporation (NDC) Green Map (NDC Green Map),which is based on data from the 2020 census, and includes election sequencing to transition to a District-Based System of Elections.

Since the adoption of the current boundary maps, there have been significant annexations in the southwest and southern portions of Yuba City, adjacent to Council Districts 4 and 5. The annexed areas are currently primarily vacant agricultural land. The Council District Boundary Maps need to be modified to incorporate the annexed areas and be adopted prior to April 2024.

On November 7, 2023, a Public Hearing was held to receive input from the community regarding updating the District Boundaries to include annexed properties. One member of the public spoke and recommended that the boundaries for Districts 4 and 5 be split at Highway 99. No public comment spoke at the Public Hearing on December 19, 2023.

Analysis:

Process
The City Council typically chooses where the district lines will be drawn every 10 years based on the latest U.S. Census. Between these regular 10-year updates changes to district boundaries are typically not allowed under the Elections Code. However, there is an exception for circumstance here, as new territory has been annexed into the City and the total annexed territory contains less than 25% of the City's population. In such cases the City Council may update the district boundaries to allow for the new members of the community to vote in City elections, etc.

State laws set strict criteria for the updates of the district boundaries in such circumstances.

Specifically the City Council is required to add the new territory "to the nearest existing Council district without changing the boundaries of other Council district boundaries." Even though the criteria for setting the boundaries for annexed property is constrained by State law, the default procedures for redistricting boundaries still apply. Under these procedures the public will have the opportunity to draw and submit district maps for Council's consideration, and the City may develop its own maps for consideration. By law, the City must hold at least four public hearings that enable community members to provide input on the drawing of district maps:
• One Public Hearing was held on November 7, 2023, to invite public input regarding the composition of the City's voting districts before any draft maps are drawn. • One Public Hearing was held on December 19, 2023, to invite public input regarding the composition of the City's proposed modifications to the voting districts based on the attached draft map.
• Two additional Public Hearings will be held to invite public input regarding the composition of the City's proposed modifications to the voting districts based on the attached draft map. These hearings are currently scheduled for January 16 and February 6, 2024. • After the Public Hearings, the City Council will introduce an ordinance establishing a map with the modified voting division boundaries scheduled for February 20, 2024, and the ordinance will then be presented for final adoption on March 5, 2024.

Mandatory Criteria for Creating Districts
While public input concerning the composition of the City's voting divisions will be considered, as noted above there are several mandatory criteria that the City must comply with when the actual divisions are created:

1. Any annexed property must be added to the nearest existing Council district; and

2. No other changes to existing Council districts can occur.

Fiscal Impact:

There is no fiscal impact to modifying the boundaries other than staff time to prepare the necessary staff reports and modify the district boundary maps.

Alternatives:

Decline to hold a Public Hearing at this time.

Recommendation:

Conduct a Public Hearing to receive public input on district boundaries.

Attachments:

1. Attachment 1 - Council Districts Map with Annexations

2. Attachment 2 - Council Districts Map with Proposed Boundary Modifications Prepared By: Submitted By:

Diana Langley
City Manager
Diana Langley
City Manager

ATTACHMENT 1

ATTACHMENT 2

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District 3
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District 1
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Council Districts

Agenda Item 10

CITY OF YUBA CITY

STAFF REPORT
Date: January 16, 2024
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Diana Langley, City Manager
Summary
Subject: Levy of the 2024 Annual Assessment of the Downtown Yuba City Business Improvement District
Recommendation: A. Conduct a Public Hearing, and after consideration, B. Adopt a Resolution confirming the Annual Report for the Yuba City Downtown Business Association and levying the assessment for the Downtown Business Improvement District for calendar year 2024
Fiscal Impact: None related to levy and collection of annual assessments.

Purpose:

To continue the Downtown Yuba City Business Improvement District.

Council's Strategic Goal:

This item addresses Council's Strategic Goals of Business Friendly and Fiscal Responsibility.

Background:

At the meeting of December 19, 2023, the City Council received the 2023-2024 Annual Report from the Yuba City Downtown Business Association and adopted Resolution No. 23-175 declaring its intention to levy and collect an annual assessment for calendar year 2024 in the Downtown Yuba City Business Improvement District (BID). A Public Hearing was set for January 16, 2024. The notice of Public Hearing was published in the Appeal Democrat on January 2, 2024.

The purpose of the Public Hearing is for the City Council to hear and consider all protests against the levying of the proposed assessments. The City Council should note that the Annual Report proposes no changes to the BID boundaries or the assessment formula as originally established.

Analysis:

After the Public Hearing, the City Council may take one of the following actions:

1. Terminate proceedings if protests are received from business owners in the proposed district who collectively pay 50% or more of the proposed assessment (a "majority protest"). If the majority protest is only against the furnishing of a specified type of improvement or activity within the district, those types of improvements or activities shall be eliminated.

2. Order changes in any of the matters provided in the Annual Report including: 1) Changes in the proposed assessments, 2) The proposed improvements and activities to be funded with the revenues derived from the levy of the assessments, and 3) The proposed boundaries of the area and any benefit zones with the area. The City Council cannot change the boundaries to include any territory that will not, in its judgment, benefit by the improvement of activity.

3. Continue the Public Hearing with the understanding that the Public Hearing must be completed within 30 days.

4. Adopt a Resolution confirming the Annual Report as originally filed or as amended. The adoption of the Resolution constitutes the levy of the assessment for calendar year 2024.

Fiscal Impact:

While there is no direct fiscal impact to the City related to the levy and collection of annual assessments, the funds generated through the BID are used to promote the downtown merchants, which provide sales tax revenue to the City.

Alternatives:

1. Do not levy assessments.

2. Identify alternate funding source for Downtown improvements and activities.

Recommendation:

A.Conduct a Public Hearing, and after consideration,
B. Adopt a Resolution confirming the Annual Report for the Yuba City Downtown Business Association and levying the assessment for the Downtown Business Improvement District for calendar year 2024 Attachments:

1. Attachment 1 - Resolution - Confirming the Annual Report and Levying the Assessment

2. DBA Map and Formula Attachment
Prepared By: Submitted By:

Diana Langley
City Manager
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

CONFIRMING THE ANNUAL REPORT FOR THE YUBA CITY DOWNTOWN BUSINESS

ASSOCIATION AND LEVYING THE ASSESSMENT FOR THE DOWNTOWN YUBA CITY BUSINESS IMPROVEMENT DISTRICT FOR CALENDAR YEAR 2024
WHEREAS, on December 19, 2023, the Yuba City Council adopted Resolution No. 23-175 (the “Resolution”) declaring its intention to levy and collect an annual assessment for calendar year 2024 in the Downtown Yuba City Business Improvement District (the “District”) pursuant to the Parking and Business Improvement Area Law of 1989, Part 6, (commencing with Section 36500) of Division 18 of the California Streets and Highways Code (the “Act”); and WHEREAS, pursuant to the Act and the Resolution, the City of Yuba City published a Notice of Public Hearing on January 2, 2024, regarding the proposed levy of the 2024 Annual Assessment for the Downtown Business Improvement District; and
WHEREAS, the Public Hearing has been held and the City Council has heard and considered all oral and written protests and other comments regarding the levying of the proposed assessments; and
WHEREAS, protests from businesses in the District paying fifty percent (50%) or more of the proposed assessments have not been received.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUBA CITY DOES HEREBY RESOLVE, DETERMINE, AND FIND AS FOLLOWS:

1. The recitals set forth herein are true and correct.

2. The City Council does confirm the Annual Report as originally filed by the Yuba City Downtown Business Association.

3. This Resolution is effective on its adoption and constitutes the levy of the assessment for calendar year 2024 for the Downtown Yuba City Business Improvement District as referred to in the Annual Report, for those properties depicted in Exhibit “A” and per the levy rate formula as set forth in Exhibit “B”.

I HEREBY CERTIFY that the foregoing resolution was introduced and read at a Regular Meeting of the City Council of the City of Yuba City on the 16th day of January 2024, and was duly adopted at said meeting by the following vote:

AYES:

NOES:

ABSENT:

Shon Harris, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
________________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibits:

A. Map of District
B. District Assessment Formula

EXHIBIT A

EXHIBIT B

District Assessment Formula
The Business Improvement District (BID) is a self-initiated business district funded by an annual assessment based on a formula developed by the Downtown Yuba City Business Improvement District Formation Committee. The assessments will be used to fund improvements and activities in the BID designed for economic stimulation and business enhancement for the businesses in the BID. The assessment formula is based on type, size and location of businesses in order to offer a fair and equitable charge for each business in the BID.

Retail, Restaurant and Service Businesses: Includes businesses that buy and resell goods such as clothing stores, shoe stores, office supplies, businesses that sell prepared foods and drinks, general office, news and advertising media, printers, photographers, personal care facilities and outlets, contractors, builders, service stations, repairing and servicing businesses, renting and leasing businesses, utilities, vending machine businesses, household finance companies, theaters and entertainmentoriented businesses, and other similar businesses not otherwise defined in the other categories.

Professional Business: Includes attorneys, architects, accountants, engineers, surveyors, physicians, dentists, optometrists, chiropractors and others in a medical/health service field, consultants, real estate brokers, financial advisors, laboratories (including dental and optical), hearing aid services, artists and designers, and similar businesses.

Lodging Businesses: Includes inns, hotels, motels, RV parks, and other similar businesses.

Financial Institutions: Includes banks, savings & loans, credit unions, and similar businesses.

Associate Members: Businesses outside the BID boundaries that would like to participate will be charged.

Note: Retail and restaurant businesses will be assessed on size which will be determined by number of employees, either full-time or the equivalent made up of multiples of part-time employees.

Business Type Business Size Annual Assessment Zone
(Number of Employees) A B
Retail, Restaurant
and Service
Small (1-4) $385 $180
Medium (5-9) $560 $285
Large (10+) $735 $380
Professional Business $350 $180
Lodging Business $560 $285
Financial Business $875 $725

Agenda Item 11

CITY OF YUBA CITY

STAFF REPORT
Date: January 16, 2024
To: Honorable Mayor & Members of the City Council;
From: Community Services Department
Presentation By: Joshua Wolffe, Associate Engineer
Summary
Subject: Montna Bocce Ball Courts (Contract Award)
Recommendation: Adopt a Resolution which takes the following actions:

A. Awards a construction contract to Figueroa Landscape Company, Inc. of Woodland, CA in the amount of their total base bid $309,419.66, plus Bid Alternate Schedule 2, Item No. 17 in the amount of $20,874.00, for a total amount of $330,293.66
B. Authorizes the City Manager to execute the contract on behalf of the City, subject to review and approval as to legal form by the City Attorney C. Authorizes the Finance Director to make necessary supplemental appropriations to fund the Montna Bocce Ball Courts Project Fiscal Impact: $379,837.71 – Account No. 1305 (Bocce Ball Courts Sam Brannan Park) $330,293.66 - Contract Award Amount
$ 33,029.37 - Construction Contingency (10%)
$ 16,514.68 - Construction Management and Inspection (5%) Purpose:

To provide additional recreational opportunities for our community, including individuals with special needs.

Council Strategic Goal:

This project addresses the City Council's Strategic Goal of improving the City’s infrastructure, as it will allow the City to expand recreational infrastructure at Sam Brannan Park, ultimately improving the quality of life for the community.

Background:

The Yuba/Sutter Special Olympics is an active member of the Special Olympics Northern California Inc.

The Yuba/Sutter Special Olympics was created in 1968 by four families which had children with disabilities. One of the four founding families was the Montna family, which included father Larry, mother Norma, and their son, Butchie. Larry and Norma donated funds to build Butchie’s Pool back in 1980, which was in service from 1980 to 2016. Larry passed away in 2020 and Norma passed away in 2017. Their estate plan included a $300,000 donation to the Yuba/Sutter Special Olympics.

In the Fall of 2021, Mr. T.J. Fetters, the Area Director for Yuba/Sutter Special Olympics, approached City staff requesting the City construct new bocce ball courts at Sam Brannan Park. For the past seven years, the Yuba/Sutter Special Olympic teams have utilized the two bocce courts at Kingwood Park.

Due to the high usage of the courts at Kingwood Park and the desire to facilitate tournaments and increase participation, it was determined that Sam Brannan Park was the best location for new courts.

At the September 6, 2022 City Council meeting, Council adopted a Resolution which Authorized the City Manager to execute a Donation and Facility Use Agreement between the City of Yuba City and Special Olympics Northern California Inc. This would allow the City to accept a $300,000 donation for the construction of a new bocce court facility at Sam Brannan Park. The proposed facility includes the construction of four bocce courts with a concrete structure and artificial turf, an ADA-compliant concrete path to the courts, perimeter court walkways, six-foot-long steel benches, decomposed granite hardscaping, a gateway arch, and various amenities for the bocce courts.

Analysis:

The Project was advertised for bids beginning December 15, 2023. On January 9, 2024, twelve (12) bids were received and opened by the City Clerk Administrator. Since the project had multiple bid schedules, the lowest responsible and responsive bidder for the Base Bid Schedule would be recommended for award. A list of the Base Bids received, and the Engineer's Estimate are shown below:

Company Base Bid Amount
Figueroa Landscape Company, Inc. $309,419.66
PBM Construction, Inc. $322,417.00
Hyatt Contracting, Inc. $332,914.75
ABS Builders, Inc. $342,771.62
Lamon Construction Co., Inc. $363,790.75
Baldoni Construction Service, Inc. $381,565.00
The Design Build, Inc. $404,294.00
North Star Construction and Engineering, Inc. $434,255.00 B&M Builders, Inc. $441,750.00
Santos Excavating, Inc. $448,593.00
JPB Designs, Inc. $456,755.00
Abide Builders $673,350.00
Engineer's Estimate: $362,932.50
Figueroa Landscape Company, Inc. is the low, responsible, and responsive bidder.

In addition to the items in the Base Bid Schedule, there were also two alternative bid schedules: "Bid Alternate Schedule 1 - Cost Deduction for Oyster Shell Courts," and "Bid Alternate Schedule 2 - Site Furnishings."
Staff researched oyster shell bocce courts with regard to play quality, cost, ongoing repair, and maintenance. Staff found that oyster shell courts provide good play quality, which mimics traditional bocce play, but high levels of maintenance are required to ensure the quality of play and usability of the courts. In order to ensure quality play, the oyster shell courts should be raked between each match, and additional shells, and rolling of the courts would need to occur on a regular basis. Staff does not believe that it has capacity to maintain the courts as required, and staff believes that the bocce rakes may be subject to vandalism and/or theft. The synthetic turf has a higher initial cost, though it is relatively maintenance-free, and has a useful life of approximately twenty years. Synthetic turf courts are a frequently used industry standard, and these type of courts are used regularly at Kingwood Park.

Based on these reasons, staff recommends the installation of the synthetic turf courts.

The site furnishing add alternate items consist of seven 6-foot-wide steel benches, seven 6-foot-wide steel benches with shade canopies, and four 40-foot by 40-foot shade structures. The total bid prices for the items are as follows:

Bid Item Total Item Cost
6-Foot-Wide Steel Benches: 7 Total $20,874.00
6-Foot-Wide Steel Benches with Shade Canopies:
7 Total
$70,441.00
40-Foot × 40-Foot Shade Structure: 4 Total $222,184.00
Based upon the above add-alternate item prices, staff recommends only including Bid Item No. 17, "6' Steel Bench" in Figueroa Landscape Company's contract.

Contract administration, construction management, and quality assurance inspection will be performed by Public Works Department and Community Services Department staff. Project construction is expected to begin in late February 2024, weather permitting, and continue through late April 2024.

Fiscal Impact:

The estimated total construction cost for the project is approximately $379,837.71, which consists of the following components:

Construction Contract: $330,293.66
Construction Contingency (10% of Construction
Cost)
$ 33,029.37
Construction Management and Inspection (5% of
Construction Cost)
$ 16,514.68
Total Project Cost: $379,837.71
Currently, Account No. 1305 (Bocce Ball Courts Sam Brannan Park) has a balance of $292,460, which is $87,377.71 less than what is necessary to fund the project. To fund a portion of the shortfall, staff reviewed the City's list of General Fund CIP projects to determine if any projects are substantially complete, and/or have available appropriations which can be reduced to offset the increase in appropriations to 901305-65501 and not have an impact on unallocated General Fund. Staff's findings are as follows:

CIP Number Project Name Available Appropriations to
reallocate
901286 Feather River Parkway Parking
Lot Improvements (Project
Complete)
$48,704.76
901298 Town Center Fountain $100,000.00
901307 Collins Corner, Maple Park
(Project Complete)
$11,006.59
Total Amount Available for
Transfer:
$159,711.35
After staff conferred on the projects' statuses and needs, they determined that the following reallocation of appropriations would be preferable to fund the Montna Bocce Ball Court Project:

Account Available Appropriations to reallocate
901286: Feather River Parkway Parking Lot
Improvements
$48,704.76
901298: Town Center Fountain $27,666.36
901307: Collins Corner, Maple Park $11,006.59
New Balance: 1305: Bocce Ball Courts Sam
Brannan Park:
$379,837.71
Staff recommends authorizing the Finance Director to increase appropriations of $87,377.71 to 901305- 65501 and reduce appropriations as follows: 901286-65501 $48,704.76, 901298-65501 $27,666.36 and 901307-65501 $11,006.59.

Environmental:

Staff has performed a preliminary environmental assessment of this project and determined that it falls within a Class 1 Categorical Exemption set forth in CEQA Guidelines Section 15301, as the installation of new bocce courts within existing City facilities is a minor alteration of an existing public facility involving negligible or no expansion. Further, none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines 15300.2 apply to this project. A CEQA Notice of Exemption was approved by Council at the meeting for Approval of Plans Specification, and Estimate. Staff will coordinate filing the Notice of Exemption prior to commencement of the project.

Alternatives:

1. Instruct staff to include or exclude items from the alternate bid schedules. This may increase or decrease the total project cost, depending on the items included or excluded.

2. Instruct the staff to utilize different funding sources to fund the project.

Reccomendation:

Adopt a Resolution which takes the following actions:

A. Awards a construction contract to Figueroa Landscape Company, Inc. of Woodland, CA in the amount of their total base bid $309,419.66, plus Bid Alternate Schedule 2, Item No. 17 in the amount of $20,874.00, for a total amount of $330,293.66
B. Authorizes the City Manager to execute the contract on behalf of the City, subject to review and approval as to legal form by the City Attorney
C. Authorizes the Finance Director to make necessary supplemental appropriations to fund the Montna Bocce Ball Courts Project
Attachments:

1. Resolution

2. Exhibit A - Contract Agreement

3. Attachment 2 - Project Exhibit
Prepared By: Submitted By:

Josh Wolffe
Associate Civil Engineer
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AWARDING A CONSTRUCTION CONTRACT TO FIGUEROA LANDSCAPE COMPANY, INC.

THE AMOUNT OF THEIR TOTAL BASE BID, PLUS BID ALTERNATE ITEM 17, FOR A TOTAL BID OF $330,293.66, AUTHORIZING THE CITY MANAGER TO EXECUTE THE

CONTRACT ON BEHALF OF THE CITY, SUBJECT TO REVIEW AND APPROVAL AS TO

LEGAL FORM BY THE CITY ATTORNEY, AND AUTHORIZING THE FINANCE DIRECTOR

TO MAKE NECESSARY SUPPLEMENTAL APPROPRIATIONS TO FUND THE MONTNA

BOCCE BALL COURT PROJECT
WHEREAS, the City of Yuba City advertised for bids for the City of Yuba City’s Montna Bocce Ball Courts Project; and
WHEREAS, in response to the advertisement, the City received twelve (12) bids for the Montna Bocce Ball Courts Project in the following bid amounts:

Figueroa Landscape Company, Inc. $309,419.66
PBM Construction, Inc. $322,417.00
Hyatt Contracting, Inc. $332,914.75
ABS Builders, Inc. $342,771.62
Lamon Construction Co., Inc. $363,790.75
Baldoni Construction Services, Inc. $381,565.00
The Design Build, Inc. $404,294.00
North Star Construction and Engineering, Inc. $434,255.00 B&M Builders, Inc. $441,750.00
Santos Excavating, Inc. $448,593.00
JPB Designs, Inc. $456,755.00
Abide Builders $673,350.00; and
WHEREAS, the City Public Works Department has reviewed the twelve (12) bids, and examined Figueroa Landscape Company, Inc. and its bid response, found it to be both the lowest qualified responsive and responsible bidder, and has recommended it for award of this project; and
WHEREAS, Staff has performed a preliminary environmental assessment of this project and has determined that it falls within Class 1 Categorical Exemption set forth in CEQA Guidelines Section 15301, as the installation of new bocce courts within existing City facilities is a minor alteration of an existing public facility involving negligible or no expansion. Further, none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines 15300.2 apply to this project.

A CEQA Notice of Exemption was approved by Council at the meeting for Approval of Plans Specification, and Estimate. Staff will coordinate filing the Notice of Exemption prior to commencement of the project.; and
WHEREAS, the City desires to award the bid to Figueroa Landscape Company, Inc. of Woodland, CA and enter into an agreement with Figueroa Landscape Company, Inc. to construct Montna Bocce Ball Courts Project.

NOW, THEREFORE, be it resolved by the City Council of Yuba City as follows:

Section 1. The City Council of the City of Yuba City does hereby accept the twelve (12) bids received as noted above, finds that Figueroa Landscape Company, Inc. is the lowest responsive and responsible bidder, and awards the construction contract to Figueroa Landscape Company, Inc. in the amount of their total base bid, plus Bid Alternate Item 17, for a Total bid of $330,293.66 for the Montna Bocce Ball Courts Project. Said contract agreement shall substantially comply with the terms and conditions presented in the draft agreement attached to this Resolution, shall be subjected to review and approval as to legal form by the City Attorney, and the City Manager shall be authorized to execute the same on behalf of the City of Yuba City.

Section 2. The City Council of the City of Yuba City authorizes the Finance Director to make necessary supplemental appropriations to fund the Montna Bocce Ball Courts Project.

Section 3. This Resolution shall take effect immediately.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 16th day of January, 2024.

AYES:

NOES:

ABSENT:

Shon Harris, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Attachment(s):

A. Exhibit A – Agreement – Contract No. 1305-CON-23

EXHIBIT A

CONTRACT AGREEMENT

CONTRACT

FOR THE CONSTRUCTION OF

MONTNA BOCCE BALL COURTS
CONTRACT NO:1305-CON-23
THIS AGREEMENT, made and concluded this ____ day of _____________________ 2024, between the City of Yuba City, party of the first part, and _____________________________________, Contractor, part of the second part.

ARTICLE I. – WITNESSETH, That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the said party of the first part, and under the conditions expressed in the two bonds, bearing even date with these presents, and hereunto annexed, the said party of the second part agrees with the said party of the first part, at his own proper cost and expense, to do all the work and furnish all the materials, except such as are mentioned in the specifications to be furnished by said party of the first part, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the City of Yuba City Public Works Department, the work described in the Special Provisions, Standard Specifications of the State of California Department of Transportation dated 2023, the Standard Plans dated 2023, including any addenda thereto and also in conformance with current Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished, which said special provisions, project plans, Standard Plans, Standard Specifications, and Labor Surcharge and Equipment Rental Rates are hereby specially referred to and by such reference made a part hereof.

The special provisions for the work to be done are dated 12/15/2023 and are entitled:

BID BOOK

NOTICE TO CONTRACTORS

SPECIAL PROVISIONS

PROPOSAL

AND CONTRACT
FOR

MONTNA BOCCE BALL COURTS
CONTRACT NO: 1305-CON-23
The project plans for the work to be done were approved May 16, 2023 and are entitled:

PROJECT PLANS FOR

MONTNA BOCCE BALL COURTS
CONTRACT NO: 1305-CON-23

ARTICLE II. – The said party of the first part hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices hereinafter set forth, and hereby contracts to pay the same at the time, in the manner and upon the conditions herein set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.

ARTICLE III. – The State general prevailing wage rates determined by the Director of Industrial Relations are hereby made a part of this contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. When the project is subject to both State and Federal hourly minimum rates for wages and fringe benefits and when the two rates differ for similar kinds of labor, the Contractor shall not pay less than the higher rate.

ARTICLE IV. – By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in conformance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

ARTICLE V. – And the said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City of Yuba City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Engineer under them, to wit.

Approved as to legal form:

City Attorney
City of Yuba City

CITY OF YUBA CITY
Diana Langley
City Manager
Date

CONTRACTOR
Company Name
Company Address
Phone Number
Signature
Name (Printed)
Title
Date

BID ITEM LIST
Base Bid Schedule
Bid
Item
Item Description Unit Quantity Unit Price Total Price
1 Mobilization/Demobilization LS 1 $63,170.00 $63,170.00 2 Temporary Construction Fence LF 450 $6.50 $2,925.00
3 Clearing and Grubbing SF 9,900 $1.37 $13,563.00
4 Remove Existing Concrete SY 155 $45.60 $7,068.00
5 Finish Grading (Court, Sidewalk, Concrete Pads) SF 10,950 $1.09 $11,935.50 6 Class 2 Aggregate Base CY 110 $90.43 $9,947.30
7 Minor Concrete - Bocce Courts (Includes Wire Mesh
Reinforcement and 6" Curbs with Weep Holes) SF 7,335 $11.54 $84,645.90 8 Minor Concrete - Sidewalk, Concrete Pads SF 940 $20.85 $19,599.00 9 Stabilized Decomposed Granite SF 2,900 $7.84 $22,736.00 10 Bocce Court Surfacing - Includes Court Turf and
Perimeter Rubber Strip
LS 1
$54,790.00 $54,790.00
11 Provide and Install Custom Gateway Arch LS 1 $3,857.00 $3,857.00 12 Bocce Rules Sign with Post EA 1 $1,184.00 $1,184.00
13 Bocce Scoreboard with Post EA 4 $1,782.00 $7,128.00
14 3"x20"x3/16" Aluminum Bocce Ball Rack EA 28 $114.82 $3,214.96 15 Steel Entrance Gates EA 4 $914.00 $3,656.00
Bid Alternate Schedule 1 – Cost Deduction for Oyster Shell Courts 16 Cost Deduction: Install Oyster Shells instead of artificial turf and concrete. (Unit price provided for this item will be deducted from base bid schedule City chooses to
install Oyster Shell Courts instead of Turf Courts)
LS 1 - -
Bid Alternate Schedule 2 – Site Furnishings
17 6' Steel Bench EA 7 2,982.00 $20,874.00
18 6' Bench with Shade Canopy EA 7 - -
19 40’ × 40’ shade Structure EA 4 - -
Total Base Bid + Bid Alternate Item No. 17: $330,293.66

ATTACHMENT 2

Agenda Item 12

CITY OF YUBA CITY

STAFF REPORT
Date: January 16, 2024
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Public Works - Development Services Supervisor Classification Adjustments Recommendation: A. Adopt a Resolution:

1. Approving a side letter with the Mid-Managers bargaining unit to add the Planner – Senior classification, retitle the Engineer – Senior classification to Engineer – Senior Civil, and add the Public Works Maintenance Superintendent classification

2. Authorizing the Finance Director to amend the salary schedule to reestablish the Planner – Senior classification salary range, change the title of Engineer – Senior to Engineer – Senior Civil, and reestablish the Public Works Maintenance Superintendent classification salary range

3. Reclassifying the vacant Project Manager position to a Senior Civil Engineer position
B. Authorize the Finance Director to make budget adjustments as necessary Fiscal Impact: None anticipated for Fiscal Year 23/24
Purpose:

To adjust three (3) mid-management classifications in the Public Works and Development Services Departments in order to better fit the organizational needs of the Departments.

Council’s Strategic Goal:

This item addresses the City Council’s Strategic Goals of Public Safety and Business Friendly by providing the classification and compensation options necessary to effectively recruit and retain quality supervisory employees responsible for the growth and maintenance of the City’s public and private infrastructure.

Background:

The Public Works and Development Services Departments face a transitional period within their supervisory roles. While the Departments have a plethora of talented employees, the Departments

also anticipate some transitions in key positions. This has offered Department administration the opportunity to evaluate the structure and responsibilities of the supervisory classifications. The Departments are recommending amendments to the advanced professional levels in the Engineer and Planner series, and reclassification of the recently vacated Project Manager position to a Senior Civil Engineer position.

Additionally, Public Works would like to reestablish the Public Works Maintenance Superintendent midmanagement classification for a potential future temporary or permanent management option for the Public Works – Maintenance Branch. The current Deputy Public Works Director - Maintenance has been on extended leave, and the Department would like to use this classification to provide an opportunity to temporarily transfer existing staff for interim management of the six (6) Maintenance Branch operating divisions.

Analysis:

Public Works and Development Services administration have evaluated the needs of their public services and staff development. The Department recommends the following changes to the supervisory classifications and salary schedule, effective January 27, 2024:

The change in name for the Senior Engineer and Project Manager classifications to "Senior Civil Engineer" does not involve any wage changes or other budgetary impact. The change is recommended in order to more effectively meet organization needs and facilitate anticipated future recruitment efforts.

In order to reestablish the Planner – Senior classification, Development Services requests that the following salary range be added to the salary schedule, set 15% above the Planner – Associate:

In order to reestablish the Public Works Maintenance Superintendent classification, Public Works requests that the following salary range be added to the salary schedule, derived from the City’s 2022 survey :

Staff has communicated with the affected bargaining unit, the Mid-Managers. Representatives from the unit have approved these changes by executing a side letter to their Memorandum of Understanding (MOU) amending the represented positions as described above (Exhibit 1A).

Fiscal Impact:

The reclassification of the Project Manager to a Senior Civil Engineer is not anticipated to have any negative fiscal impact on Fiscal Year 23/24. The Department will likely underfill this position at the Assistant/Associate Civil Engineer level or at the entry level for a Senior Civil Engineer, which will result in cost savings from the prior position for a number of years. Public Works is currently recruiting for the Engineer series to fill one (1) current vacancy and the one (1) recommended reclassified vacancy. The particular positions within the series to be filled with those recruitments will depend on the education and experience of the successful candidates. There may be some cost savings in the Fiscal Year 23/24 budget associated with these new hires, should they be filled at the Assistant or Associate Civil Engineer levels.

There are no incumbent engineers or planners at the Senior level at this time.

The Department does not intend to allocate a permanent Public Works Maintenance Superintendent at this time.

Alternatives:

1. Do not approve the classification adjustments.

2. Direct staff to request the reclassification of the Project Manager to a Senior Civil Engineer in

the Fiscal Year 24/25 budget cycle, which will delay recruitment for the vacancy.

Recommendation:

A. Adopt a Resolution:

1. Approving a side letter with the Mid-Managers bargaining unit to add the Planner – Senior classification, retitle the Engineer – Senior classification to Engineer – Senior Civil, and add the Public Works Maintenance Superintendent classification.

2. Authorizing the Finance Director to amend the salary schedule to reestablish the Planner – Senior classification salary range, change the title of Engineer – Senior to Engineer – Senior Civil, and reestablish the Public Works Maintenance Superintendent classification salary range.

3. Reclassifying the vacant Project Manager position to a Senior Civil Engineer position.

B. Authorize the Finance Director to make budget adjustments as necessary.

Attachments:

1. Resolution - PW-DS Supervisor Classification Adjustments

2. 1-16-24 MM Classifications Side Letter
Prepared By: Submitted By:

Scarlett O. Harris
Administrative Analyst II
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. 24-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY APPROVING A SIDE

LETTER WITH THE MID-MANAGERS UNIT TO AMEND THEIR REPRESENTED

CLASSIFICATIONS, AUTHORIZING THE FINANCE DIRECTOR TO AMEND THE SALARY

SCHEDULE, AND RECLASSIFYING THE VACANT PROJECT MANAGER POSITION TO

REFLECT PUBLIC WORKS AND DEVELOPMENT SERVICES DEPARTMENT

SUPERVISORY ORGANIZATIONAL CHANGES
WHEREAS, the Public Works and Development Services Departments have identified the need to modify the organizational roles and responsibilities of a number of supervisory classifications; and
WHEREAS, the Development Services Department has identified the need to reestablish the Planner- Senior mid-management classification; and
WHEREAS, the Public Works Department has identified the need to reclassify the vacant Project Manager position to a Senior Civil Engineer position; and WHEREAS, the Public Works Department has identified the need to reestablish the Public Works Maintenance Superintendent mid-management classification; and WHEREAS, the City has evaluated staff’s requests, as outlined below, and has determined them to be appropriate; and
WHEREAS, the Mid-Managers bargaining unit has agreed to modify the represented classifications in its Memorandum of Understanding in accordance with these requests.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF YUBA CITY AS FOLLOWS:

SECTION I. Unit Modifications.

A. The classification of Planner – Senior will be reestablished and added to the MidManagers bargaining unit.

B. The classification of Engineer – Senior will be retitled the Engineer – Senior Civil.

C. The classification of Public Works Maintenance Superintendent will be reestablished and added to the Mid-Managers bargaining unit.

D. The classifications added or altered will be governed by the terms of the Memorandum of Understanding applicable to the Mid-Managers bargaining unit.

SECTION II. Salary Schedule Amendments.

The following modifications of the City’s salary schedule are approved to reflect the organizational changes and new or updated job classifications.

TITLE CHANGE
FROM:

ENGINEER – SENIOR
TO:

ENGINEER – SENIOR CIVIL
PLANNER – SENIOR
ADD:

JCN TITLE 1 2 3 4 5
$7,611 $7,992 $8,392 $8,812 $9,253
7065 Planner
– Senior
$43.91 $46.11 $48.42 $50.84 $53.38
JCN TITLE 1 2 3 4 5 6 7 8 9
$7,611 $7,802 $7,992 $8,192 $8,392 $8,602 $8,812 $9,032 $9,253 7465 Planner
– Senior
$43.91 $45.01 $46.11 $47.26 $48.42 $49.63 $50.84 $52.11 $53.38

PUBLIC WORKS MAINTENANCE SUPERINTENDENT
ADD:

JCN TITLE 1 2 3 4 5
$9,071 $9,525 $10,001 $10,501 $11,026
7090
Public Works
Maintenance
Superintendent $52.33 $54.95 $57.70 $60.58 $63.61
JCN TITLE 1 2 3 4 5 6 7 8 9
$9,071 $9,298 $9,525 $9,763 $10,001 $10,251 $10,501 $10,764 $11,026 7490
Public Works
Maintenance
Superintendent $52.33 $53.64 $54.95 $56.33 $57.70 $59.14 $60.58 $62.10 $63.61 SECTION III. Reclassification.

The vacant Project Manager position in the Engineering Division is reclassified to a Senior Civil Engineer position.

SECTION IV. Authorization.

The above modifications shall become effective with the payroll period beginning January 27, 2024.

The Finance Director is hereby authorized to amend the salary schedule and budget to reflect the adjustments, establish the salary steps, and make any necessary supplemental appropriations required.

SECTION V. Bargaining Unit Side Letter.

The attached side letter amending the Memorandum of Understanding between the City and the Mid-Managers (Exhibit 1A) is hereby approved and is incorporated herein by reference.

The foregoing Resolution of the City Council of the City of Yuba City was duly introduced, passed and adopted at a regular meeting thereof held on the 16th day of January, 2024.

AYES:

NOES:

ABSENT:

Shon Harris, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Stacey Sheston
BB&K, Special Counsel
Exhibits:

A. Side Letter with Mid-Managers

ATTACHMENT 1A

1/10/20241:24 PM
Mid Managers - EMPLOYEES HIRED PRIOR TO APRIL 28, 2018
CLASSIFICATION Group 1 2 3 4 5
7165* ACCOUNTING MANAGER MM 10,041 10,543 11,070 11,624 12,205 Monthly

57.93 60.83 63.87 67.06 70.42 Hourly
7070* ADMINISTRATIVE ANALYST III MM 7,761 8,149 8,556 8,984 9,433 Monthly

44.78 47.01 49.36 51.83 54.42 Hourly
7125* ANIMAL SERVICES MANAGER MM 8,600 9,030 9,481 9,955 10,452 Monthly

49.62 52.10 54.70 57.43 60.30 Hourly
7112* CHIEF BUILDING OFFICIAL MM 9,857 10,350 10,868 11,411 11,981 Monthly

56.87 59.71 62.70 65.83 69.12 Hourly
7418* CITY CLERK ADMINISTRATOR MM 9,434 9,906 10,401 10,921 11,467 Monthly

54.43 57.15 60.01 63.01 66.16 Hourly
7185 DEPUTY DIRECTOR OF DEVELOPMENT SERVICES MM 11,468 12,041 12,643 13,275 13,939 Monthly

66.16 69.47 72.94 76.59 80.42 Hourly
7175* DEPUTY P.W. DIRECTOR - ENGINEERING MM 11,298 11,863 12,456 13,079 13,733 Monthly

65.18 68.44 71.86 75.46 79.23 Hourly
7195* DEPUTY P.W. DIRECTOR - MAINTENANCE MM 9,388 9,857 10,350 10,867 11,411 Monthly

54.16 56.87 59.71 62.69 65.83 Hourly
7160* DEPUTY P.W. DIRECTOR - UTILITIES MM 9,989 10,488 11,012 11,563 12,141 Monthly

57.63 60.51 63.53 66.71 70.05 Hourly
7110* DIVISION FIRE CHIEF MM 11,720 12,306 12,921 13,567 14,245 Monthly

67.62 71.00 74.54 78.27 82.18 Hourly
7120* ENGINEER - SENIOR MM 9,350 9,818 10,309 10,824 11,366 Monthly

53.94 56.64 59.48 62.45 65.57 Hourly
7200* ENVIRONMENTAL COMPLIANCE MANAGER MM 9,080 9,534 10,011 10,512 11,037 Monthly

52.38 55.00 57.76 60.65 63.68 Hourly

CITY OF YUBA CITY

SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JANUARY 27, 2024

SALARY STEPS

8. 1-16-24 Salary Schedule PW an DS

1/10/20241:24 PM
7205* INFORMATION SECURITY ADMINISTRATOR MM 9,043 9,495 9,970 10,469 10,992 Monthly

52.17 54.78 57.52 60.40 63.42 Hourly
7105* INFORMATION TECHNOLOGY MANAGER MM 10,018 10,519 11,045 11,597 12,177 Monthly

57.80 60.69 63.72 66.91 70.25 Hourly
7043* PARK MAINTENANCE MANAGER MM 6,928 7,274 7,638 8,020 8,421 Monthly

39.97 41.97 44.07 46.27 48.58 Hourly
7044* PARKS AND GROUNDS SUPERINTENDENT MM 8,600 9,030 9,481 9,955 10,452 Monthly

49.62 52.10 54.70 57.43 60.30 Hourly
7065* PLANNER-SENIOR MM 7,611 7,992 8,392 8,812 9,253 Monthly

43.91 46.11 48.42 50.84 53.38 Hourly
7060* PLANNING MANAGER MM 9,556 10,034 10,536 11,063 11,616 Monthly

55.13 57.89 60.78 63.83 67.01 Hourly
7085* PROJECT MANAGER MM 7,879 8,273 8,687 9,121 9,578 Monthly

45.46 47.73 50.12 52.62 55.26 Hourly
7090* PUBLIC WORKS MAINTENANCE SUPERINTENDENT MM 9,071 9,525 10,001 10,501 11,026 Monthly

52.33 54.95 57.70 60.58 63.61 Hourly
7046* RECREATION MANAGER MM 8,062 8,465 8,888 9,332 9,799 Monthly

46.51 48.84 51.28 53.84 56.53 Hourly
MOU Article 1.5 - Bilingual Pay - effective November 18, 2023Employees who are proficient in speaking a foreign language, as determined by the City - --receive bilingual pay in the amount of 1.4% of the base rate of pay * Indicates classifications which are not eligible for overtime compensation and are exempt from the Fair Labor Standards Act (FLSA).

EMPLOYEE BARGAINING GROUPS CON - Confidential FLM - 1st Level Manager PUE, Local #1 - General Employees PD - Police Department DH - Department Head FIRE - Fire Department MM - Middle Manager PSMM - Police Sworn Mid Manager FM - Fire Management PS - Police Sergeant

8. 1-16-24 Salary Schedule PW an DS

1/10/20241:25 PM
Mid Managers - EMPLOYEES HIRED ON OR AFTER APRIL 28, 2018 CLASSIFICATION Group 1 2 3456789
7565* ACCOUNTING MANAGER MM 10,041 10,292 10,543 10,807 11,070 11,347 11,624 11,915 12,205 Monthly

57.93 59.38 60.83 62.35 63.87 65.46 67.06 68.74 70.42 Hourly 7470* ADMINISTRATIVE ANALYST III MM 7,761 7,955 8,149 8,353 8,556 8,770 8,984 9,209 9,433 Monthly

44.78 45.89 47.01 48.19 49.36 50.60 51.83 53.13 54.42 Hourly 7525* ANIMAL SERVICES MANAGER MM 8,600 8,815 9,030 9,256 9,481 9,718 9,955 10,204 10,452 Monthly

49.62 50.86 52.10 53.40 54.70 56.07 57.43 58.87 60.30 Hourly 7512* CHIEF BUILDING OFFICIAL MM 9,857 10,104 10,350 10,609 10,868 11,140 11,411 11,696 11,981 Monthly

56.87 58.29 59.71 61.21 62.70 64.27 65.83 67.48 69.12 Hourly 7419* CITY CLERK ADMINISTRATOR MM 9,434 9,670 9,906 10,154 10,401 10,661 10,921 11,194 11,467 Monthly

54.43 55.79 57.15 58.58 60.01 61.51 63.01 64.58 66.16 Hourly 7585 DEPUTY DIRECTOR OF DEVELOPMENT SERVICES MM 11,468 11,755 12,041 12,342 12,643 12,959 13,275 13,607 13,939 Monthly

66.16 67.82 69.47 71.20 72.94 74.76 76.59 78.50 80.42 Hourly 7575* DEPUTY P.W. DIRECTOR - ENGINEERING MM 11,298 11,581 11,863 12,160 12,456 12,768 13,079 13,406 13,733 Monthly

65.18 66.81 68.44 70.15 71.86 73.66 75.46 77.34 79.23 Hourly 7595* DEPUTY P.W. DIRECTOR - MAINTENANCE MM 9,388 9,623 9,857 10,104 10,350 10,609 10,867 11,139 11,411 Monthly

54.16 55.52 56.87 58.29 59.71 61.21 62.69 64.26 65.83 Hourly 7560* DEPUTY P.W. DIRECTOR - UTILITIES MM 9,989 10,239 10,488 10,750 11,012 11,288 11,563 11,852 12,141 Monthly

57.63 59.07 60.51 62.02 63.53 65.12 66.71 68.38 70.05 Hourly 7510* DIVISION FIRE CHIEF MM 11,720 12,013 12,306 12,614 12,921 13,244 13,567 13,906 14,245 Monthly

67.62 69.31 71.00 72.77 74.54 76.41 78.27 80.23 82.18 Hourly 7520* ENGINEER - SENIOR MM 9,350 9,584 9,818 10,064 10,309 10,567 10,824 11,095 11,366 Monthly

53.94 55.29 56.64 58.06 59.48 60.96 62.45 64.01 65.57 Hourly 7600* ENVIRONMENTAL COMPLIANCE MANAGER MM 9,080 9,307 9,534 9,773 10,011 10,262 10,512 10,775 11,037 Monthly

52.38 53.69 55.00 56.38 57.76 59.20 60.65 62.16 63.68 Hourly

CITY OF YUBA CITY

SALARY SCHEDULE AND GENERAL COMPENSATION PLAN
EFFECTIVE JANUARY 27, 2024

SALARY STEPS

8. 1-16-24 Salary Schedule PW an DS

1/10/20241:25 PM
7605* INFORMATION SECURITY ADMINISTRATOR MM 9,043 9,269 9,495 9,733 9,970 10,220 10,469 10,731 10,992 Monthly

52.17 53.48 54.78 56.15 57.52 58.96 60.40 61.91 63.42 Hourly 7505* INFORMATION TECHNOLOGY MANAGER MM 10,018 10,269 10,519 10,782 11,045 11,321 11,597 11,887 12,177 Monthly

57.80 59.24 60.69 62.20 63.72 65.31 66.91 68.58 70.25 Hourly 7443* PARK MAINTENANCE MANAGER MM 6,928 7,101 7,274 7,456 7,638 7,829 8,020 8,220 8,421 Monthly

39.97 40.97 41.97 43.02 44.07 45.17 46.27 47.42 48.58 Hourly 7444* PARKS AND GROUNDS SUPERINTENDENT MM 8,600 8,815 9,030 9,256 9,481 9,718 9,955 10,204 10,452 Monthly

49.62 50.86 52.10 53.40 54.70 56.07 57.43 58.87 60.30 Hourly 7465* PLANNER-SENIOR MM 7,611 7,802 7,992 8,192 8,392 8,602 8,812 9,032 9,253 Monthly

43.91 45.01 46.11 47.26 48.42 49.63 50.84 52.11 53.38 Hourly 7460* PLANNING MANAGER MM 9,556 9,795 10,034 10,285 10,536 10,800 11,063 11,339 11,616 Monthly

55.13 56.51 57.89 59.34 60.78 62.31 63.83 65.42 67.01 Hourly 7485* PROJECT MANAGER MM 7,879 8,076 8,273 8,480 8,687 8,904 9,121 9,349 9,578 Monthly

45.46 46.59 47.73 48.92 50.12 51.37 52.62 53.94 55.26 Hourly 7490* PUBLIC WORKS MAINTENANCE SUPERINTENT MM 9,071 9,298 9,525 9,763 10,001 10,251 10,501 10,764 11,026 Monthly

52.33 53.64 54.95 56.33 57.70 59.14 60.58 62.10 63.61 Hourly 7446* RECREATION MANAGER MM 8,062 8,264 8,465 8,677 8,888 9,110 9,332 9,565 9,799 Monthly

46.51 47.68 48.84 50.06 51.28 52.56 53.84 55.18 56.53 Hourly MOU Article 1.5 - Bilingual Pay - effective November 18, 2023 -Employees who are proficient in speaking a foreign language, as determined by the Cityreceive bilingual pay in the amount of 1.4% of the base rate of pay * Indicates classifications which are not eligible for overtime compensation and are exempt from the Fair Labor Standards Act (FLSA).EMPLOYEE BARGAINING GROUPS CON - Confidential FLM - 1st Level Manager PUE, Local #1 - General Employees PD - Police Department DH - Department Head FIRE - Fire Department MM - Middle Manager PSMM - Police Sworn Mid Manager FM - Fire Management PS - Police Sergeant

8. 1-16-24 Salary Schedule PW an DS

Agenda Item 13

CITY OF YUBA CITY

STAFF REPORT
Date: January 16, 2024
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Bogue Road Improvements – SR-99 to Railroad Avenue (Design Award) Recommendation: A. Adopt a Resolution awarding a Professional Services Agreement to MHM, Inc. of Marysville, CA for design services for the Bogue Road Improvements Project, including associated SR-99 and sewer extension work, in the amount of $363,199 plus a 5% contingency of $18,160 for a total contract amount of $381,359, with the finding that it is in the best interest of the City B. Authorize an additional $150,000 in annual professional services to MHM, Inc. of Marysville, CA, for a total expenditure of up to $450,000 for Fiscal Year 23/24 for oncall engineering, surveying, and design services C. Authorize the Finance Director to make budget adjustments and related transfers in the amount of $270,000 in Development Impact Fee funds from the designated Third Bridge Right-of-Way Development Impact Fee fund balance to Account No. 931295-65501 (Bogue Road Sewer Extension Project) and $30,000 in Streets and Roads funds from Bridge Street Widening Account No. 921187-65501 to Account No. 921295-65501
Fiscal Impact: $422,961 – Total Design Cost
$381,359 – Contract Award Amount
$228,398 – Account No. 931295-65501 (DIF funds)
$122,961 – Account No. 941295-65501 (ARPA funds)
$30,000 – Account No. 921295-65501 (Road funds)
$41,602 – Design Management
Purpose:

To develop improvement plans for the future construction of Bogue Road transportation and wastewater collection improvements from State Route 99 (SR-99) to Railroad Avenue, in association with adjacent Newkom Ranch development.

Council’s Strategic Goals:

This project addresses City Council’s Strategic Goals of improving the City’s Infrastructure while being Business Friendly through development partnership in the Bogue-Stewart Master Plan area.

Background:

On October 17, 2023, City Council authorized staff to initiate an Amendment to the Development Agreement with Newkom Ranch regarding the proposed infrastructure improvements needed along Bogue Road in the project area, in order to modify City and developer cost obligations and timelines to effectively facilitate the transportation and utility improvements. This amendment is in progress for consideration at the January 24, 2024 Planning Commission meeting, and is anticipated to be brought to Council in February.

Staff has coordinated the proposed scope with MHM, Inc. of Marysville CA (MHM) to provide design services for the future construction of the Bogue Road Improvements Project – SR-99 to Railroad Avenue, including road improvements, road maintenance, and sewer line extension work. In order to continue to move the project forward, staff recommends the initiation of MHM’s design work in advance of the formal Amendment approval.

Analysis:

Staff recommends MHM for the project design due to their long-term experience on associated design and project management work. MHM has been the Engineer of Record associated with the BogueStewart Master Plan over the past 10 years, including work specific to the Newkom Ranch development. MHM is currently producing the design documents for the Newkom Ranch on-site improvements and has also provided professional services across the City on various infrastructure improvement projects of similar scope. Therefore, staff believes MHM is uniquely qualified to provide the professional design services for the Bogue Road Improvements Project – SR-99 to Railroad Avenue which minimize cost, expedite delivery timelines, and provide consistent, quality design with other recent public and private developments.

MHM’s proposal for the work is $363,199, billed hourly at the included rates (Exhibit 1A). A summary of the scope of work is as follows:
• Project management and coordination for the Bogue Road Improvements Project – SR-99 to Railroad Avenue, including the extension of the sewer main and associated pump station • Geotechnical Evaluations
• Design Engineering for Bogue Road Improvements
• Design Engineering for SR-99 Improvements
• Design Engineering for Sewer Pump Station Improvements It is anticipated that it will take MHM approximately six to seven months to complete the plans, specifications, and estimates.

Fiscal Impact:

The recommended contract total is $381,359, consisting of the $363,199 proposal plus 5% contingency; the contract is to be funded by $228,398 in Development Impact Fee (DIF) funds, $122,961 in American Rescue Plan Act (ARPA) funds, and $30,000 in Road funds. Funding is also required for necessary staff labor, fees, and other engineering costs.

On June 20, 2023, Council authorized staff to utilize MHM for professional services in the amount of $300,000 as part of the FY 23/24 Citywide Sole Source and Professional Services item. The City has thus far encumbered approximately $11,000 of this authorized amount, leaving a balance of $289,000. In order to accommodate both the proposed agreement and projected additional needs for the remainder of the fiscal year, staff is recommending increasing the authorized amount by $150,000 for a total of

$450,000.

Staff recommends expanding the current Bogue Road Sewer Extension Project (Capital Improvement Program Account No. 1295) to include the adjacent road improvements required from SR-99 to Railroad Avenue for consistent budgeting and accounting. This account is currently funded with ARPA and wastewater enterprise funds for the wastewater improvements portion of the project.

In order to fund the design, staff labor, and fees required at this time for the DIF-eligible road improvements and the existing road maintenance portions of the project, staff requests reallocation of $270,000 from the Third Bridge Right-of-Way DIF and $30,000 in Streets and Roads funds remaining from the Bridge Street Widening Project (Account No. 921187-65501). The DIF balance for the Third Bridge is an estimated $787,000.

Construction of the road portions of the project is preliminary estimated to be $10 million, which will require future funding consideration through the annual budget process. The $3.5 million estimated cost for the sewer extension is currently programmed in the project account.

Alternatives:

1. Direct staff to modify the design scope and associated costs.

2. Direct staff to issue a request for proposals to obtain additional design proposals

3. Reconsider design services after the amendment to the Development Agreement with Newkom Ranch is completed.

These alternatives are not anticipated to result in cost savings and will likely result in delaying the development of the project plans and specifications, which could potentially prevent the project from starting during the 2024 construction season.

Recommendation:

A. Adopt a Resolution awarding a Professional Services Agreement to MHM, Inc. of Marysville, CA for design services for the Bogue Road Improvements Project, including associated SR-99 and sewer extension work, in the amount of $363,199 plus a 5% contingency of $18,160 for a total contract amount of $381,359, with the finding that it is in the best interest of the City.

B. Authorize an additional $150,000 in annual professional services to MHM, Inc. of Marysville, CA, for a total expenditure of up to $450,000 for Fiscal Year 23/24 for on-call engineering, surveying, and design services.

C. Authorize the Finance Director to make budget adjustments and related transfers in the amount of $270,000 in Development Impact Fee funds from the designated Third Bridge Right-of-Way Development Impact Fee fund balance to Account No. 931295-65501 (Bogue Road Sewer Extension Project) and $30,000 in Streets and Roads funds from Bridge Street Widening Account No. 921187-65501 to Account No. 921295-65501.

Attachments:

1. Resolution - Bogue Rd Imp Design

2. Bogue Road Improvements - Design PSA - MHM
Prepared By: Submitted By:

Benjamin K. Moody
Public Works and Development Services Director
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AWARDING A PROFESSIONAL SERVICES AGREEMENT TO MHM, INC. FOR DESIGN SERVICES RELATED TO THE BOGUE ROAD IMPROVEMENTS – STATE ROUTE 99 to

RAILROAD AVENUE PROJECT AND AUTHORIZING THE FINANCE DIRECTOR TO

NECESSARY TRANSFERS AND RELATED BUDGET ADJUSTMENTS
WHEREAS, on October 17, 2023, Council authorized staff to initiate modifications to the Development Agreement with Newkom Ranch, LLC regarding Bogue Road infrastructure to help upfront City obligations related to the associated Bogue Road infrastructure improvements; and WHEREAS, staff has coordinated with MHM, Inc. of Marysville, CA to provide a proposal for design services for the future construction of the Bogue Road transportation and utilities improvements, from State Route 99 to Railroad Avenue; and WHEREAS, an Amendment to the Development Agreement with Newkom Ranch, LCC is being created with anticipation that it will be considered for recommendation at the City Planning Commission meeting on January 24, 2024, and then by the Council in February; and WHEREAS, in lieu of waiting for the finalization of the Development Agreement Amendment, before coordinating design services, staff is proposing Council award the design services in advance in order to avoid project delays; and
WHEREAS, MHM, Inc. has been the Engineer of Record associated with the Bogue Stewart Master Plan development, with work beginning over 10 years ago with ongoing complimentary work in the area; and
WHEREAS, MHM, Inc. has extensive experience working with the City on various infrastructure improvement projects, and is in a unique position to provide professional design services to the City that is in the best interest of the City for minimizing costs, expediting delivery timelines, and providing consistent coordinated designs across public and private developments; and WHEREAS, on June 20, 2023, Council authorized expenditures of up to $300,000 with MHM, Inc. for on-call engineering, surveying, and design services for Fiscal Year 23/24.

NOW, THEREFORE, the City Council of the City of Yuba City resolves as follows:

1. The City Council finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.

2. The City Council does hereby award a Professional Services Agreement to MHM, Inc. of Marysville, CA for design services related to the Bogue Road Improvements Project, including associated SR-99 and sewer extension work, in the amount of $363,199 plus $18,160 (5% contingency), total amount of $381,359, with the finding that it is in the best interest of the City.

3. The City Council does hereby authorize an additional $150,000 in annual professional services to MHM, Inc. of Marysville, CA, for a total expenditure of up to $450,000 for Fiscal Year 23/24 for on-call engineering, surveying, and design services.

4. The City Council does hereby authorize the Finance Director to make budget adjustments and related transfers in the amount of $270,000 in Development Impact Fee funds from the designated Third Bridge Right-of-Way Development Impact fee fund balance to Account No. 931295-65501 (Bogue Road Sewer Extension Project) and $30,000 in Streets and Roads funds from Account No. 921187-65501 (Bridge Street Widening Project) to Account No. 921295-65501.

The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 16th day of January, 2024.

AYES:

NOES:

ABSENT:
_____________________________
Shon Harris, Mayor
ATTEST:

Ciara Wakefield, Deputy City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit 1A – Agreement for Professional Services

EXHIBIT 1A

1 PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of ________, 2024, by and between the City of Yuba City, a municipal corporation (“City”) and MHM, Inc. (“Consultant”).

RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein; and
C. City desires to retain Consultant to render professional services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. The Consultant shall furnish the following engineering design services in a professional manner.

See Attached Scope of Services
(Exhibit A)

2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue until all authorized work is completed and approved by the City. Finalization shall be completed at the direction of the City of Yuba City.

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit A, which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed Three Hundred Eighty-One Thousand, Three Hundred Fifty-Nine Dollars ($381,359) without additional written authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s invoices shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenses. City shall pay Consultant not later than 30 days after

2 approval of the monthly invoice by City staff. When payments made by the City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City.

5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City.

6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon fifteen days written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination. Such compensation is subject to the conditions of Section 4 of this agreement.

7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees, agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon request. * Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regards to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to

3 Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant, which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

8. Consultant’s Books and Records:

a. Consultant shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrated performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Administrator, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successorin-interest.

9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an

4 independent contractor and shall not act as an agent or employee of the City.

Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to any such rights.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and
b. Possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(B)(2).)

10. Interest of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder.

Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.

12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.

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

5 Consultant to practice its profession. Consultant shall maintain a City of Yuba City business license.

14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs, including attorney fees and expenses in connection therein), arising out of the performance of this Agreement in whole or in part by any negligent act or omission of the Consultant, or anyone directly or indirectly employed by the Consultant or anyone for whose acts the Consultant may be liable, or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers.

15. Insurance Requirements. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, necessary insurance policies as described in Exhibit B.

16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below.

Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City Ben Moody, Public Works Director
Public Works Department
City of Yuba City
1201 Civic Center Blvd
Yuba City, CA 95993
(530) 822-4626
If to Consultant: Sean Minard, PE
Principal Civil Engineer
MHM, Inc.
1204 E Street
Marysville, CA 95901
(530) 742-6485

17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.

6 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under the Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Sutter.

23. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE (“JAMS”) or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

7 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

26. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.

Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

27. Prohibited Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising there from.

28. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

Consultant shall also comply with all relevant provisions of City’s Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

8 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF YUBA CITY: CONSULTANT:

By: _____________________________ By: _________________________ Diana Langley Sean Minard
City Manager Principal Civil Engineer
City of Yuba City MHM, Inc.

Attachments: Exhibit A – Scope of Services/Schedule of Charges Attachment 1 – Combined Fee Summaries
Attachment 2 – Detailed Fee Estimates
Attachment 3 – Estimated Number of Drawings
Attachment 4 – Subconsultant Detail Fee Estimates
Attachment 5 – Labor Rate Schedules
Exhibit B – Insurance Requirements
Exhibit C – Vendor Payment Options

9 Exhibit A
Scope of Services

Attachment No. 1
MHM - Engineering and Surveying Services
SR 99 and Bogue Road Improvement

COMBINED FEE SUMMARY
ENGINEERING AND SURVEYING SERVICES - SR 99 AND BOGUE ROAD IMPROVEMENTS 1 Project Management and Coordination

1.1 Project Management (January 2, 2024 through June 30, 2024) 4,489 $ 2,174 $ - $ $ 6,662

1.2 Invoicing and Progress Reports 2,945 $ 1,733 $ - $ $ 4,678

1.3 Progress Meetings 3,990 $ 2,594 $ - $ $ 6,584
Subtotal Project Management and Coordination 11,424 $ 6,500 $ - $ $ 17,924 2 Environmental and Permitting

2.1 Wetland Determination $ - $ - $ - $ -

2.2 Biological Resource Evaluation $ - $ - $ - $ -

2.3 Environmental Permit Facilitation $ - $ - $ - $ -

2.4 Archeological Study $ - $ - $ - $ -

2.5 Tribal Cultural Resources $ - $ - $ - $ -

2.6 CEQA Initial Study/Mitigated Negative Declaration $ - $ - $ - $ - Subtotal Environmental and Permitting $ - $ - $ - $ -
3 Geotechnical Evaluations

3.1 Coordination, Document Review, Site Visit, Permit Acquisitions, USA - $ $ - 2,793 $ $ 2,793

3.2 Subsurface Exploration $ - $ - $ - $ -

3.3 Laboratory Testing - $ $ - 7,319 $ $ 7,319

3.4 Perform Engineering Analysis and Calculations - $ $ - 4,095 $ $ 4,095

3.5 Prepare Geotechnical Report $ - $ - $ - $ -
Subtotal Geotechnical Evaluations - $ $ - 14,207 $ $ 14,207 4 Design Engineering for State Route 99 Improvements

4.1 Topographic Surveying and Mapping - SR 99 Improvements 8,841 $ - $ $ - $ 8,841

4.2 90% PS&E and DDR - State Route 99 Improvements 38,464 $ - $ $ - $ 38,464

4.3 100% PS&E and DDR - State Route 99 Improvements 27,686 $ - $ $ - $ 27,686

4.4 Final PS&E and DDR - State Route 99 Improvements 17,338 $ - $ $ - $ 17,338

4.5 Storm Water Pollution Prevention Plan (does not include implementation) 3,389 $ - $ $ - $ 3,389

4.6 Bidding Support - State Route 99 Improvements 5,384 $ - $ $ - $ 5,384 Subtotal Design Engineering for State Route 99 Improvements 101,102 $ - $ $ - $ 101,102 5 Design Engineering for Bogue Road Improvements

5.1 Topographic Surveying and Mapping - Bogue Road Improvements 18,302 $ - $ $ - $ 18,302

5.2 90% PS&E and DDR - Bogue Road Improvements 38,312 $ - $ $ - $ 38,312

5.3 100% PS&E and DDR - Bogue Road Improvements 25,675 $ - $ $ - $ 25,675

5.4 Final PS&E and DDR - Bogue Road Improvements 18,610 $ - $ $ - $ 18,610

5.5 Storm Water Pollution Prevention Plan (does not include implementation) 3,389 $ - $ $ - $ 3,389

5.6 Bidding Support - Bogue Road Improvements 6,502 $ - $ $ - $ 6,502 Subtotal Design Engineering for Bogue Road Improvements 110,790 $ - $ $ - $ 110,790 Subconsultants Markup (10%) $2,071 $2,071
TOTAL EFFORT $225,387 $20,706 $0 $246,093
No. Task Description
MHM
Total Costs
Marcus Bole
Blackburn

Attachment No. 1
MHM - Engineering and Surveying Services
Phillips Area Sewer Pump Station Improvements

COMBINED FEE SUMMARY

ENGINEERING AND SURVEYING SERVICES - PHILLIPS ROAD AREA - REGIONAL SEWER PUMP STATION 1 Project Management and Coordination

1.1 Project Management (January 2, 2024 through July 31, 2024) 4,447 $ - $ $ 7,046 2,599 $

1.2 Invoicing and Progress Reports 3,497 $ - $ $ 5,807 2,310 $

1.3 Progress Meetings 4,526 $ - $ $ 7,119 2,594 $
Subtotal Project Management and Coordination 12,469 $ - $ $ 19,971 7,502 $ 2 Environmental and Permitting

2.1 CVFPB Permit $ - $ - $ - $ -

2.2 Biological Resource Evaluation $ - $ - $ - $ -

2.3 Environmental Permit Facilitation $ - $ - $ - $ -

2.4 Archeological Study $ - $ - $ - $ -

2.5 Tribal Cultural Resources $ - $ - $ - $ -

2.6 CEQA Initial Study/Mitigated Negative Declaration $ - $ - $ - $ - Subtotal Environmental and Permitting $ - $ - $ - $ -
3 Geotechnical Evaluations

3.1 Coordination, Document Review, Site Visit, Permit Acquisitions, USA $ - $ - $ - $ -

3.2 Subsurface Exploration $ - $ - $ - $ -

3.3 Laboratory Testing $ - $ - $ - $ -

3.4 Perform Engineering Analysis and Calculations $ - $ - $ - $ -

3.5 Prepare Geotechnical Report $ - $ - $ - $ -
Subtotal Geotechnical Evaluations $ - $ - $ - $ -
4 Design Engineering for Sewer PS Improvements

4.1 Topographic Surveying and Mapping - Sewer PS Improvements 3,977 $ - $ $ - $ 3,977

4.2 90% PS&E and DDR - Sewer PS Improvements 17,707 $ - $ $ 34,616 16,909 $

4.3 100% PS&E and DDR - Sewer PS Improvements 12,323 $ - $ $ 23,596 11,273 $

4.4 Final PS&E and DDR - Sewer PS Improvements 8,854 $ - $ $ 17,308 8,455 $

4.5 Storm Water Pollution Prevention Plan (does not include implementation) 3,127 $ - $ $ - $ 3,127

4.6 Bidding Support - Sewer PS Improvements 5,384 $ - $ $ 9,668 4,284 $ Subtotal Design Engineering for Sewer PS Improvements 51,372 $ - $ $ 92,293 40,921 $ Subconsultants Markup (10%) $4,842 $4,842
TOTAL EFFORT $68,683 $0 $48,423 $117,106
No. Task Description
MHM
Total Costs
Frisch
Blackburn

Attachment No. 2
MHM - Engineering and Surveying Services
SR 99 and Bogue Road Improvement

DETAILED FEE ESTIMATE
Labor
E7 E6 E5 E4 E3 E2 T4 Soils Survey
Rates 270.00 240.00 195.00 185.00 175.00 162.00 162.00 200.00 320.00 140.00 115.00 5.00% ENGINEERING AND SURVEYING SERVICES - SR 99 AND BOGUE ROAD IMPROVEMENTS 1 Project Management and Coordination1.1 Project Management (January 2, 2024 through June 30, 2024) 12 9 21 4,275 $ 214 $ 4,489 $

1.2 Invoicing and Progress Reports 6 6 3 15 2,805 $ 140 $ 2,945 $

1.3 Progress Meetings 6 6 4 16 3,800 $ 190 $ 3,990 $
Subtotal Project Management and Coordination 24 6 0 4 0 0 0 0 0 6 12 52 10,880 $ 544 $ 11,424 $ 2 Environmental and Permitting 2.1 Wetland Determination 0 $ - $ - $ -

2.2 Biological Resource Evaluation 0 $ - $ - $ -2.3 Environmental Permit Facilitation 0 $ - $ - $ -2.4 Archeological Study 0 $ - $ - $ -2.5 Tribal Cultural Resources 0 $ - $ - $ -2.6 CEQA Initial Study/Mitigated Negative Declaration 0 $ - $ - $ - Subtotal Environmental and Permitting 0 0 0 0 0 0 0 0 0 0 0 0 $ - $ - $ - 3 Geotechnical Evaluations3.1 Coordination, Document Review, Site Visit, Permit Acquisitions, USA 0 $ - $ - $ -3.2 Subsurface Exploration 0 $ - $ - $ -3.3 Laboratory Testing 0 $ - $ - $ -3.4 Perform Engineering Analysis and Calculations 0 $ - $ - $ -3.5 Prepare Geotechnical Report 0 $ - $ - $ - Subtotal Geotechnical Evaluations 0 0 0 0 0 0 0 0 0 0 0 0 $ - $ - $ - 4 Design Engineering for State Route 99 Improvements4.1 Topographic Surveying and Mapping - SR 99 Improvements 2 8 4 18 32 8,420 $ 421 $ 8,841 $

4.2 90% PS&E and DDR - State Route 99 Improvements 12 48 64 24 36 184 36,632 $ 1,832 $ 38,464 $ 4.3 100% PS&E and DDR - State Route 99 Improvements 8 36 48 16 24 132 26,368 $ 1,318 $ 27,686 $

4.4 Final PS&E and DDR - State Route 99 Improvements 6 24 24 12 16 82 16,512 $ 826 $ 17,338 $

4.5 Storm Water Pollution Prevention Plan (does not include implementation) 2 12 4 18 3,228 $ 161 $ 3,389 $

4.6 Bidding Support - State Route 99 Improvements 4 8 8 4 24 5,128 $ 256 $ 5,384 $ Subtotal Design Engineering for State Route 99 Improvements 30 120 0 152 68 84 0 0 18 0 0 472 96,288 $ 4,814 $ 101,102 $ 5 Design Engineering for Bogue Road Improvements5.1 Topographic Surveying and Mapping - Bogue Road Improvements 2 10 4 20 36 9,430 $ 8,872 $ 18,302 $

5.2 90% PS&E and DDR - Bogue Road Improvements 8 36 80 40 24 188 36,488 $ 1,824 $ 38,312 $ 5.3 100% PS&E and DDR - Bogue Road Improvements 6 24 48 32 16 126 24,452 $ 1,223 $ 25,675 $

5.4 Final PS&E and DDR - Bogue Road Improvements 4 16 36 24 12 92 17,724 $ 886 $ 18,610 $

5.5 Storm Water Pollution Prevention Plan (does not include implementation) 2 12 4 18 3,228 $ 161 $ 3,389 $

5.6 Bidding Support - Bogue Road Improvements 4 8 12 6 30 6,192 $ 310 $ 6,502 $ Subtotal Design Engineering for Bogue Road Improvements 22 88 0 186 112 62 0 0 20 0 0 490 97,514 $ 13,276 $ 110,790 $ TOTAL EFFORT 76 214 0 342 180 146 0 0 38 6 12 1,014 204,682 $ 18,634 $ 223,316 $ No. Task Description Expenses Total
Acct Clerical Total
Hours
Total Labor
($)

Attachment No. 2
MHM - Engineering and Surveying Services
SR 99 and Bogue Road Improvement

DETAILED FEE ESTIMATE
Labor
E7 E6 E5 E4 E3 E2 T4 Soils Survey
Rates 270.00 240.00 195.00 185.00 175.00 162.00 162.00 200.00 320.00 140.00 115.00 5.00% ENGINEERING AND SURVEYING SERVICES - SR 99 AND BOGUE ROAD IMPROVEMENTS No. Task Description Expenses Total
Acct Clerical Total
Hours
Total Labor
($)
Assumptions:

1.1 Project Management (January 2, 2024 through June 30, 2024) 6 months x 2.0 hours (Sean) + 6 months x 1.5 hours office staff

1.2 Invoicing and Progress Reports 6 months x 1.0 hours (Sean) + 6 months x 1.0 hours (bookkeeper) + 6 months x 0.5 hours (clerical)

1.3 Progress Meetings 6 meetings x 1.0 hours (Sean) + 6 meetings x 1.0 hours (Project Manager) + 4 meetings x 1.0 hours (Senior Engineer)2.1 Wetland Determination no MHM scope of work

2.2 Biological Resource Evaluation no MHM scope of work2.3 Environmental Permit Facilitation no MHM scope of work2.4 Archeological Study no MHM scope of work2.5 Tribal Cultural Resources no MHM scope of work2.6 CEQA Initial Study/Mitigated Negative Declaration no MHM scope of work3.1 Coordination, Document Review, Site Visit, Permit Acquisitions, USA no MHM scope of work3.2 Subsurface Exploration no MHM scope of work3.3 Laboratory Testing no MHM scope of work3.4 Perform Engineering Analysis and Calculations no MHM scope of work3.5 Prepare Geotechnical Report no MHM scope of work4.1 Topographic Surveying and Mapping - SR 99 Improvements assume 18 Hours of 2 Man Survey Crew + Drone Aerial + 10 manhours for Mapping (DTM)

4.2 90% PS&E and DDR - State Route 99 Improvements MHM has estimated the total number of drawings to be 30 (actual number to be determined during design)

4.3 100% PS&E and DDR - State Route 99 Improvements MHM has estimated the total number of drawings to be 30 (actual number to be determined during design)

4.4 Final PS&E and DDR - State Route 99 Improvements MHM has estimated the total number of drawings to be 30 (actual number to be determined during design) 4.6 Bidding Support - State Route 99 Improvements assume 16 manhours + 4 hours per addenda. Total 2 addenda5.1 Topographic Surveying and Mapping - Bogue Road Improvements assume 20 Hours of 2 Man Survey Crew + Drone Aerial + 12 manhours for Mapping (DTM) + Road Safe Potholing 2 days at $4,200 per day

5.2 90% PS&E and DDR - Bogue Road Improvements MHM has estimated the total number of drawings to be 27 (actual number to be determined during design)

5.3 100% PS&E and DDR - Bogue Road Improvements MHM has estimated the total number of drawings to be 27 (actual number to be determined during design)

5.4 Final PS&E and DDR - Bogue Road Improvements MHM has estimated the total number of drawings to be 27 (actual number to be determined during design)

5.6 Bidding Support - Bogue Road Improvements assume 18 manhours + 4 hours per addenda. Total 3 addenda6.1 Conformed Plans and Specifications for SR 99 no MHM scope of work

6.2 Conformed Plans and Specifications for Bogue Road Improvements no MHM scope of work

Attachment No. 2
MHM - Engineering and Surveying Services
Phillips Area Sewer Pump Station Improvements

DETAILED FEE ESTIMATE
Labor
E7 E6 E5 E4 E3 E2 T4 Soils Survey
Rates 270.00 240.00 195.00 185.00 175.00 162.00 162.00 200.00 320.00 140.00 115.00 5.00%

ENGINEERING AND SURVEYING SERVICES - PHILLIPS ROAD AREA - REGIONAL SEWER PUMP STATION 1 Project Management and Coordination1.1 Project Management (January 2, 2024 through July 31, 2024) 11 11 22 4,235 $ 212 $ 4,447 $

1.2 Invoicing and Progress Reports 7 7 4 18 3,330 $ 167 $ 3,497 $

1.3 Progress Meetings 7 7 4 18 4,310 $ 216 $ 4,526 $
Subtotal Project Management and Coordination 25 7 0 4 0 0 0 0 0 7 15 58 11,875 $ 594 $ 12,469 $ 2 Environmental and Permitting 2.1 CVFPB Permit 0 $ - $ - $ -

2.2 Biological Resource Evaluation 0 $ - $ - $ -2.3 Environmental Permit Facilitation 0 $ - $ - $ -2.4 Archeological Study 0 $ - $ - $ -2.5 Tribal Cultural Resources 0 $ - $ - $ -2.6 CEQA Initial Study/Mitigated Negative Declaration 0 $ - $ - $ - Subtotal Environmental and Permitting 0 0 0 0 0 0 0 0 0 0 0 0 $ - $ - $ - 3 Geotechnical Evaluations3.1 Coordination, Document Review, Site Visit, Permit Acquisitions, USA 0 $ - $ - $ -3.2 Subsurface Exploration 0 $ - $ - $ -3.3 Laboratory Testing 0 $ - $ - $ -3.4 Perform Engineering Analysis and Calculations 0 $ - $ - $ -3.5 Prepare Geotechnical Report 0 $ - $ - $ - Subtotal Geotechnical Evaluations 0 0 0 0 0 0 0 0 0 0 0 0 $ - $ - $ - 4 Design Engineering for Sewer PS Improvements4.1 Topographic Surveying and Mapping - Sewer PS Improvements 2 4 4 6 16 3,788 $ 189 $ 3,977 $

4.2 90% PS&E and DDR - Sewer PS Improvements 12 24 32 12 80 16,864 $ 843 $ 17,707 $ 4.3 100% PS&E and DDR - Sewer PS Improvements 8 16 24 8 56 11,736 $ 587 $ 12,323 $

4.4 Final PS&E and DDR - Sewer PS Improvements 6 12 16 6 40 8,432 $ 422 $ 8,854 $

4.5 Storm Water Pollution Prevention Plan (does not include implementation) 2 10 4 16 2,978 $ 149 $ 3,127 $

4.6 Bidding Support - Sewer PS Improvements 4 8 8 4 24 5,128 $ 256 $ 5,384 $ Subtotal Design Engineering for Sewer PS Improvements 30 64 0 94 0 38 0 0 6 0 0 232 48,926 $ 2,446 $ 51,372 $ TOTAL EFFORT 55 71 0 98 0 38 0 0 6 7 15 290 60,801 $ 3,040 $ 63,841 $ No. Task Description Expenses Total
Acct Clerical Total
Hours
Total Labor
($)

Attachment No. 2
MHM - Engineering and Surveying Services
Phillips Area Sewer Pump Station Improvements

DETAILED FEE ESTIMATE
Labor
E7 E6 E5 E4 E3 E2 T4 Soils Survey
Rates 270.00 240.00 195.00 185.00 175.00 162.00 162.00 200.00 320.00 140.00 115.00 5.00%

ENGINEERING AND SURVEYING SERVICES - PHILLIPS ROAD AREA - REGIONAL SEWER PUMP STATION No. Task Description Expenses Total
Acct Clerical Total
Hours
Total Labor
($)
Assumptions:

1.1 Project Management (January 2, 2024 through July 31, 2024) 7 months x 1.5 hours (Sean) + 7 months x 1.5 hours office staff1.2 Invoicing and Progress Reports 7 months x 1.0 hours (Sean) + 7 months x 1.0 hours (bookkeeper) + 7 months x 0.5 hours (clerical)

1.3 Progress Meetings 7 meetings x 1.0 hours (Sean) + 7 meetings x 1.0 hours (Project Manager) + 4 meetings x 1.0 hours (Senior Engineer)2.1 CVFPB Permit no MHM scope of work

2.2 Biological Resource Evaluation no MHM scope of work2.3 Environmental Permit Facilitation no MHM scope of work2.4 Archeological Study no MHM scope of work2.5 Tribal Cultural Resources no MHM scope of work2.6 CEQA Initial Study/Mitigated Negative Declaration no MHM scope of work3.1 Coordination, Document Review, Site Visit, Permit Acquisitions, USA no MHM scope of work3.2 Subsurface Exploration no MHM scope of work3.3 Laboratory Testing no MHM scope of work3.4 Perform Engineering Analysis and Calculations no MHM scope of work3.5 Prepare Geotechnical Report no MHM scope of work4.1 Topographic Surveying and Mapping - Sewer PS Improvements assume 6 Hours of 2 Man Survey Crew + Drone Aerial + 4 manhours for Mapping (DTM)4.2 90% PS&E and DDR - Sewer PS Improvements MHM has estimated 25 civil drawings and 14 electrical drawings for a total of 39 drawings (actual amount will be determined during design)

4.3 100% PS&E and DDR - Sewer PS Improvements MHM has estimated 25 civil drawings and 14 electrical drawings for a total of 39 drawings (actual amount will be determined during design)

4.4 Final PS&E and DDR - Sewer PS Improvements MHM has estimated 25 civil drawings and 14 electrical drawings for a total of 39 drawings (actual amount will be determined during design)

4.6 Bidding Support - Sewer PS Improvements assume 16 manhours + 4 hours per addenda. Total 2 addenda

Attachment No. 3
MHM - Engineering and Surveying Services
SR 99 and Bogue Road Improvement
STATE ROUTE 99 IMPROVEMENTS

ESTIMATED NUMBER OF DRAWINGS
Sh No. Drawings
1 Cover Sheet and Vicinity Map
2 Drawing Index
3 General Abbreviations
4 Civil Legend and Notes
5 Key Map and Line Index
6 Project Control
7 Layout Sheet (1"=40') - State Route 99
8 Layout Sheet (1"=40') - State Route 99
9 Layout Sheet (1"=40') - State Route 99
10 Signal Plans - Bogue Road
11 Signal Plans - Bogue Road
12 Signal Plans - Bogue Road
13 Signal Plans - Bogue Road
14 Utility Plan
15 Utility Plan
16 Pavement Delineation and Sign Plan
17 Pavement Delineation Details
18 Standard Civil Details
19 Standard Civil Details
20 Standard Civil Details
21 Construction Area Signs
22 Construction Area Signs
23 Stage Construction and Traffic Handling Sheet
24 Stage Construction and Traffic Handling Sheet
25 Stage Construction and Traffic Handling Sheet
26 Typical Cross Sections
27 Typical Cross Sections
28 Erosion Control Legend Basic Information Sheet
29 Erosion Control Plan Sheet
30 Erosion Control Plan Sheet

Attachment No. 4
MHM - Engineering and Surveying Services
SR 99 and Bogue Road Improvement

BOGUE ROAD IMPROVEMENTS

ESTIMATED NUMBER OF DRAWINGS
Sh No. Drawings
1 Cover Sheet and Vicinity Map
2 Drawing Index
3 General Abbreviations
4 Civil Legend and Notes
5 Structural Notes 1
6 Mechnical Legend and Notes
7 Plan and Profile Sheets (1"=40') - Bogue Road
8 Plan and Profile Sheets (1"=40') - Bogue Road
9 Plan and Profile Sheets (1"=40') - Bogue Road
10 Signal Plans - Phillips Road
11 Signal Plans - Phillips Road
12 Signal Plans - Phillips Road
13 Signal Plans - Railroad Avenue
14 Signal Plans - Railroad Avenue
15 Signal Plans - Railroad Avenue
16 Pavement Delineation and Sign Plan
17 Pavement Delineation Details
18 Standard Civil Details
19 Standard Civil Details
20 Standard Civil Details
21 Traffic Control Details
22 Traffic Control Details
23 Traffic Control Details
24 Typical Cross Sections
25 Typical Cross Sections
26 Water Pollution Control Drawings
27 Water Pollution Control Drawings
Attachment No. 3 Page 254 of 266
Attachment No. 2
MHM - Engineering and Surveying Services
Phillips Area Sewer Pump Station Improvements

ESTIMATED NUMBER OF DRAWINGS
Sh No. Drawings
1 Cover Sheet and Vicinity Map
2 Drawing Index
3 General Abbreviations
4 Civil Legend and Notes
5 Structural Notes 1
6 Mechanical Legend and Notes
7 Pump Station - Overall Site Plan
8 Pump Station - Grading Plan
9 Pump Station - Detailed Plans
10 Pump Station - Piping Sections
11 Pump Station - Piping Sections
12 Pump Station - Wet Well Section 1
13 Pump Station - Wet Well Section 2
14 Pump Station - Pump Curve and Service Area
15 Site Details 1
16 Site Details 2
17 Civil Details - Solid Wall
18 Civil Details - Rolling Gate Detail
19 Civil Details - Miscellaneous Metals Details
20 Civil Details - Pipe Details
21 Civil Details - Concrete Appurtenances Details
22 Civil Details - Bio Bed Details
23 Civil Details - Wet Well Details
24 Civil Details - Concrete Details 1
25 Civil Details - Concrete Details 2
26 Electrical - Symbols and Abbreviations
27 Electrical - One-Line and Pedestal Elevation
28 Electrical - Load Calculation and Panel Board Schedule 29 Electrical - Pump Elementary Diagram
30 Electrical - Backup Controls and Mission Diagrams
31 Electrical - PLC Power Distribution and Backpan Elevation 32 Electrical - Example PLC I/O Wiring Diagram
33 Electrical - Electrical Equipment and Wet wall Plans 34 Electrical - Electrical Site Plan
35 Electrical - Electrical Details #1
36 Electrical - Electrical Details #2
37 Electrical - Electrical Conduit Schedule
38 Electrical - Instrumentation Symbols and Abbreviations 39 Electrical - Lift Station P&ID
Attachment No. 3 Page 255 of 266
Attachment No. 5
BCI - Engineering Services
SR 99 and Bogue Road Improvement

DETAILED FEE ESTIMATE
Labor
E7 E6 E5 E4 E3 E2 Soils
Rates 285.00 245.00 200.00 190.00 180.00 167.00 200.00 145.00 120.00 5.00% ENGINEERING AND SURVEYING SERVICES - SR 99 AND BOGUE ROAD IMPROVEMENTS 1 Project Management and Coordination1.1 Project Management (January 2, 2024 through June 30, 2024) 6 3 9 2,070 $ 104 $ 2,174 $

1.2 Invoicing and Progress Reports 3 3 3 9 1,650 $ 83 $ 1,733 $ 1.3 Progress Meetings 6 4 10 2,470 $ 124 $ 2,594 $ Subtotal Project Management and Coordination 15 0 0 4 0 0 0 3 6 28 6,190 $ 310 $ 6,500 $ 2 Environmental and Permitting 2.1 Wetland Determination 0 $ - $ - $ -

2.2 Biological Resource Evaluation 0 $ - $ - $ -2.3 Environmental Permit Facilitation 0 $ - $ - $ -2.4 Archeological Study 0 $ - $ - $ -2.5 Tribal Cultural Resources 0 $ - $ - $ -2.6 CEQA Initial Study/Mitigated Negative Declaration 0 $ - $ - $ - Subtotal Environmental and Permitting 00000000 0 0 - $ - $ - $ 3 Geotechnical Evaluations3.1 Coordination, Document Review, Site Visit, Permit Acquisitions, USA 4 8 12 2,660 $ 133 $ 2,793 $ 3.2 Subsurface Exploration 0 $ - $ - $ -

3.3 Laboratory Testing 2 8 24 34 6,970 $ 349 $ 7,319 $

3.4 Perform Engineering Analysis and Calculations 4 6 4 4 18 3,900 $ 195 $ 4,095 $ 3.5 Prepare Geotechnical Report 0 $ - $ - $ - Subtotal Geotechnical Evaluations 10 0 14 12 0 0 28 0 0 64 13,530 $ 677 $ 14,207 $ 4 Design Engineering for State Route 99 Improvements

4.1 Topographic Surveying and Mapping - SR 99 Improvements 0 $ - $ - $ -4.2 90% PS&E and DDR - State Route 99 Improvements 0 $ - $ - $ -4.3 100% PS&E and DDR - State Route 99 Improvements 0 $ - $ - $ -4.4 Final PS&E and DDR - State Route 99 Improvements 0 $ - $ - $ -4.5 Storm Water Pollution Prevention Plan (does not include implementation) 0 $ - $ - $ -4.6 Bidding Support - State Route 99 Improvements 0 $ - $ - $ - Subtotal Design Engineering for State Route 99 Improvements 0 0 0 0 0 0 0 0 0 0 $ - $ - $ - 5 Design Engineering for Bogue Road Improvements5.1 Topographic Surveying and Mapping - Bogue Road Improvements 0 $ - $ - $ -5.2 90% PS&E and DDR - Bogue Road Improvements 0 $ - $ - $ -5.3 100% PS&E and DDR - Bogue Road Improvements 0 $ - $ - $ -5.4 Final PS&E and DDR - Bogue Road Improvements 0 $ - $ - $ -5.5 Storm Water Pollution Prevention Plan (does not include implementation) 0 $ - $ - $ -5.6 Bidding Support - Bogue Road Improvements 0 $ - $ - $ - Subtotal Design Engineering for Bogue Road Improvements 0 0 0 0 0 0 0 0 0 0 $ - $ - $ - TOTAL EFFORT 25 0 14 16 0 0 28 3 6 92 19,720 $ 986 $ 20,706 $ Assumptions:

1.1 Project Management (January 2, 2024 through June 30, 2024) 6 months x 1.0 hours (Bob) + 6 months x 0.5 hours office staff

1.2 Invoicing and Progress Reports 6 months x 0.5 hours (Bob) + 6 months x 0.5 hours (bookkeeper) + 6 months x 0.5 hours (clerical) Total
Clerical Total
Hours
Total Labor
($)
No. Task Description Expenses
Acct
Attachment No. 4

Attachment No. 5
BCI - Engineering Services
SR 99 and Bogue Road Improvement

DETAILED FEE ESTIMATE

1.3 Progress Meetings 6 meetings x 1.0 hours (Bob) + 4 meetings x 1.0 hours (Senior Engineer)3.1 Coordination, Document Review, Site Visit, Permit Acquisitions, USA Assume 12 Manhours (no encroachment permits included in scope)3.2 Subsurface Exploration no BCI scope of work3.3 Laboratory Testing Assume 34 Manhours to perform R-value and other laboratory testing of soil3.4 Perform Engineering Analysis and Calculations Assume 18 Manhours Attachment No. 4

Attachment No. 4
Frich - Engineering Services
Phillips Area Sewer Pump Station Improvements

DETAILED FEE ESTIMATE
Labor
E7 E6 E5 E4 E3 E2 T4
Rates 285.00 245.00 200.00 190.00 180.00 167.00 162.00 145.00 120.00 5.00%

ENGINEERING AND SURVEYING SERVICES - PHILLIPS ROAD AREA - REGIONAL SEWER PUMP STATION 1 Project Management and Coordination1.1 Project Management (January 2, 2024 through July 31, 2024) 7 4 11 2,475 $ 124 $ 2,599 $

1.2 Invoicing and Progress Reports 4 4 4 12 2,200 $ 110 $ 2,310 $ 1.3 Progress Meetings 6 4 10 2,470 $ 124 $ 2,594 $ Subtotal Project Management and Coordination 17 0 0 4 0 0 0 4 8 33 7,145 $ 357 $ 7,502 $ 2 Environmental and Permitting

2.1 CVFPB Permit 0 $ - $ - $ -2.2 Biological Resource Evaluation 0 $ - $ - $ -2.3 Environmental Permit Facilitation 0 $ - $ - $ -2.4 Archeological Study 0 $ - $ - $ -2.5 Tribal Cultural Resources 0 $ - $ - $ -2.6 CEQA Initial Study/Mitigated Negative Declaration 0 $ - $ - $ - Subtotal Environmental and Permitting 0 0 0 0 0 0 0 0 0 0 $ - $ - $ - 3 Geotechnical Evaluations3.1 Coordination, Document Review, Site Visit, Permit Acquisitions, USA 0 $ - $ - $ -3.2 Subsurface Exploration 0 $ - $ - $ -3.3 Laboratory Testing 0 $ - $ - $ -3.4 Perform Engineering Analysis and Calculations 0 $ - $ - $ -3.5 Prepare Geotechnical Report 0 $ - $ - $ - Subtotal Geotechnical Evaluations 0 0 0 0 0 0 0 0 0 0 $ - $ - $ - 4 Design Engineering for Sewer PS Improvements4.1 Topographic Surveying and Mapping - Sewer PS Improvements 0 $ - $ - $ -4.2 90% PS&E and DDR - Sewer PS Improvements 12 24 24 12 72 16,104 $ 805 $ 16,909 $

4.3 100% PS&E and DDR - Sewer PS Improvements 8 16 16 8 48 10,736 $ 537 $ 11,273 $ 4.4 Final PS&E and DDR - Sewer PS Improvements 6 12 12 6 36 8,052 $ 403 $ 8,455 $

4.5 Storm Water Pollution Prevention Plan (does not include implementation) 0 $ - $ - $ -

4.6 Bidding Support - Sewer PS Improvements 4 12 16 4,080 $ 204 $ 4,284 $ Subtotal Design Engineering for Sewer PS Improvements 30 64 52 0 0 26 0 0 0 172 38,972 $ 1,949 $ 40,921 $ TOTAL EFFORT 47 64 52 4 0 26 0 4 8 205 46,117 $ 2,306 $ 48,423 $ Assumptions:

1.1 Project Management (January 2, 2024 through July 31, 2024) 7 months x 1.0 hours (Tom) + 7 months x 0.5 hours office staff1.2 Invoicing and Progress Reports 7 months x 0.5 hours (Tom) + 7 months x 0.5 hours (bookkeeper) + 7 months x 0.5 hours (clerical)

1.3 Progress Meetings 6 meetings x 1.0 hours (Tom) + 4 meetings x 1.0 hours (Senior Engineer)4.1 Topographic Surveying and Mapping - Sewer PS Improvements no Frisch scope of work

4.2 90% PS&E and DDR - Sewer PS Improvements Frisch has estimated 14 electrical drawings (actual amount will be determined during design)4.3 100% PS&E and DDR - Sewer PS Improvements Frisch has estimated 14 electrical drawings (actual amount will be determined during design)

4.4 Final PS&E and DDR - Sewer PS Improvements Frisch has estimated 14 electrical drawings (actual amount will be determined during design)4.6 Bidding Support - Sewer PS Improvements assume 12 manhours + 2 hours per addenda. Total 2 addenda Total
Clerical Total
Hours
Total Labor
($)
No. Task Description Expenses
Acct

Attachment No. 6
MHM - Engineering and Surveying Services
SR 99 and Bogue Road Improvement

LABOR RATE SCHEDULE
Fully Burdened Labor Rates 4.00% 4.00% 4.00% 4.00% 4.00% 4.00% Labor Classification 2024 Labor Rates 2025 Labor Rates 2026 Labor Rates 2027 Labor Rates 2028 Labor Rates 2029 Labor Rates Weighted E7 - Principal-in-Charge Senior Professional - Grade 8 $ 281.00 270.00 $ 292.00 $ 304.00 $ 316.00 $ 329.00 $ 270.00 $ E6 - Project Manager Senior Professional - Grade 7 $ 250.00 240.00 $ 260.00 $ 270.00 $ 281.00 $ 292.00 $ 240.00 $ E5 - Project Engineer / Project Surveyor Senior Professional - Grade 6 $ 203.00 195.00 $ 211.00 $ 219.00 $ 228.00 $ 237.00 $ 195.00 $ E4 - Senior Engineer / Senior Surveyor Senior Professional - Grade 5 $ 192.00 185.00 $ 200.00 $ 208.00 $ 216.00 $ 225.00 $ 185.00 $ E3 - Associate Engineer/ Associate Surveyor Senior Professional - Grade 4 $ 182.00 175.00 $ 189.00 $ 197.00 $ 205.00 $ 213.00 $ 175.00 $ E2 - Assistant Engineer/ Assistant Surveyor Senior Professional - Grade 3 $ 168.00 162.00 $ 175.00 $ 182.00 $ 189.00 $ 197.00 $ 162.00 $ E1 - Junior Engineer/ Surveyor Staff Professional - Grade 2 $ 152.00 146.00 $ 158.00 $ 164.00 $ 171.00 $ 178.00 $ 146.00 $ T4 - Senior CADD Technician / Senior Technician Senior CADD Drafter and Designer $ 168.00 162.00 $ 175.00 $ 182.00 $ 189.00 $ 197.00 $ 162.00 $ T3 - Staff CADD Technician/ Associate Technician CADD Drafter/Designer and Senior Technician $ 152.00 146.00 $ 158.00 $ 164.00 $ 171.00 $ 178.00 $ 146.00 $ T2 - Assistant CADD Technician/ Asst. Technician Staff Professional - Grade 1 $ 135.00 130.00 $ 140.00 $ 146.00 $ 152.00 $ 158.00 $ 130.00 $ T1 - Junior Techncian Technican, Word Processor, Administrative Staff $ 125.00 120.00 $ 130.00 $ 135.00 $ 140.00 $ 146.00 $ 120.00 $ E4 - Resident Engineer/Lead Inspector Senior Professional - Grade 4 $ 234.00 225.00 $ 243.00 $ 253.00 $ 263.00 $ 274.00 $ 225.00 $ T4 - Building/Construction Inspector Building/Construction Inspector $ 208.00 200.00 $ 216.00 $ 225.00 $ 234.00 $ 243.00 $ 200.00 $ E4 - Resident Engineer/Lead Inspector - OT Senior Professional - Grade 4 - Overtime $ 260.00 250.00 $ 270.00 $ 281.00 $ 292.00 $ 304.00 $ 250.00 $ T4 - Building/Construction Inspector - OT Building/Construction Inspector - Overtime $ 234.00 225.00 $ 243.00 $ 253.00 $ 263.00 $ 274.00 $ 225.00 $ Survey Crew - 1 Man (prevailing) Survey Crew - 1 Man (prevailing) $ 239.00 230.00 $ 249.00 $ 259.00 $ 269.00 $ 280.00 $ 230.00 $ Survey Crew - 2 Man (prevailing) Survey Crew - 2 Man (prevailing) $ 333.00 320.00 $ 346.00 $ 360.00 $ 374.00 $ 389.00 $ 320.00 $ Survey Crew - 3 Man (prevailing) Survey Crew - 3 Man (prevailing) $ 484.00 465.00 $ 503.00 $ 523.00 $ 544.00 $ 566.00 $ 465.00 $ Survey Crew - 1 Man (prevailing) - OT Survey Crew - 1 Man (prevailing) - Overtime $ 265.00 255.00 $ 276.00 $ 287.00 $ 298.00 $ 310.00 $ 255.00 $ Survey Crew - 2 Man (prevailing) - OT Survey Crew - 2 Man (prevailing) - Overtime $ 374.00 360.00 $ 389.00 $ 405.00 $ 421.00 $ 438.00 $ 360.00 $ Survey Crew - 1 Man (non-prevailing) Survey Crew - 1 Man (non-prevailing) $ 225.00 216.00 $ 234.00 $ 243.00 $ 253.00 $ 263.00 $ 216.00 $ Survey Crew - 2 Man (non-prevailing) Survey Crew - 2 Man (non-prevailing) $ 308.00 296.00 $ 320.00 $ 333.00 $ 346.00 $ 360.00 $ 296.00 $ Survey Crew - 3 Man (non-prevailing) Survey Crew - 3 Man (non-prevailing) $ 385.00 370.00 $ 400.00 $ 416.00 $ 433.00 $ 450.00 $ 370.00 $ Accounting Technican, Word Processor, Administrative Staff $ 146.00 140.00 $ 152.00 $ 158.00 $ 164.00 $ 171.00 $ 140.00 $ Clerical Office Aide $ 120.00 115.00 $ 125.00 $ 130.00 $ 135.00 $ 140.00 $ 115.00 $ Other Direct Costs (ODCs)
Item rate unit
(Some EXAMPLES below; add others if needed:)Vehicle - Light Truck and Car $9.50/hr or $75/day or $1,800/month hr/day/monthVehicle - 2 Wheel Drive $10.50/hr or $85/day or $1,950/month hr/day/monthVehicle - 4 Wheel Drive $11.50/hr or $95/day or $2,100/month hr/day/monthATV - All Terrian Vehicle $8.50/hr or $70/day or $1,750/month hr/day/monthStandard Survey Equipment $16.50/hr hourGPS Survey Equipment $80.00/hr hourNuclear Gage Equipment $9.50/hr hourGPS Bathymetric Survey Equipment $50.00/hr hourDrone Survey Equipment $14.00/hr hourComputer & Peripherals $6.50/hr hourTravel Expenses/Per Diem T&M T&MVehicle Mileage IRS Rate mileReproduction (8.5x11 sizes) - Black and White $0.50/ea eachReproduction (8.5x11 sizes) - Color $0.75/ea eachReproduction (11x17 sizes) – Black and White $0.75/ea each Reproduction (11x17 sizes) - Color $1.00/ea eachLarge Format Drawing Copies – 20lb Bond – Black and W $0.65/sq ft sq ft Large Format Drawing Copies – 20Ib Bond – Color $1.00/sq ft sq ftPlotting - Mylar $8.00/sq ft sq ftMailings and Communication T&M T&MMiscellaneous Supplies T&M T&MOutside Equipment and Services 15% Markup %Profit on Labor 10.00% %Profit on ODCs 5.00% % 100% 2022 and 0%
2023
Attachment No. 5

Attachment No. 5
MHM - Engineering and Surveying Services
Phillips Area Sewer Pump Station Improvements

LABOR RATE SCHEDULE
Fully Burdened Labor Rates 4.00% 4.00% 4.00% 4.00% 4.00% 4.00% Labor Classification 2024 Labor Rates 2025 Labor Rates 2026 Labor Rates 2027 Labor Rates 2028 Labor Rates 2029 Labor Rates Weighted E7 - Principal-in-Charge Senior Professional - Grade 8 $ 281.00 270.00 $ 292.00 $ 304.00 $ 316.00 $ 329.00 $ 270.00 $ E6 - Project Manager Senior Professional - Grade 7 $ 250.00 240.00 $ 260.00 $ 270.00 $ 281.00 $ 292.00 $ 240.00 $ E5 - Project Engineer / Project Surveyor Senior Professional - Grade 6 $ 203.00 195.00 $ 211.00 $ 219.00 $ 228.00 $ 237.00 $ 195.00 $ E4 - Senior Engineer / Senior Surveyor Senior Professional - Grade 5 $ 192.00 185.00 $ 200.00 $ 208.00 $ 216.00 $ 225.00 $ 185.00 $ E3 - Associate Engineer/ Associate Surveyor Senior Professional - Grade 4 $ 182.00 175.00 $ 189.00 $ 197.00 $ 205.00 $ 213.00 $ 175.00 $ E2 - Assistant Engineer/ Assistant Surveyor Senior Professional - Grade 3 $ 168.00 162.00 $ 175.00 $ 182.00 $ 189.00 $ 197.00 $ 162.00 $ E1 - Junior Engineer/ Surveyor Staff Professional - Grade 2 $ 152.00 146.00 $ 158.00 $ 164.00 $ 171.00 $ 178.00 $ 146.00 $ T4 - Senior CADD Technician / Senior Technician Senior CADD Drafter and Designer $ 168.00 162.00 $ 175.00 $ 182.00 $ 189.00 $ 197.00 $ 162.00 $ T3 - Staff CADD Technician/ Associate Technician CADD Drafter/Designer and Senior Technician $ 152.00 146.00 $ 158.00 $ 164.00 $ 171.00 $ 178.00 $ 146.00 $ T2 - Assistant CADD Technician/ Asst. Technician Staff Professional - Grade 1 $ 135.00 130.00 $ 140.00 $ 146.00 $ 152.00 $ 158.00 $ 130.00 $ T1 - Junior Techncian Technican, Word Processor, Administrative Staff $ 125.00 120.00 $ 130.00 $ 135.00 $ 140.00 $ 146.00 $ 120.00 $ E4 - Resident Engineer/Lead Inspector Senior Professional - Grade 4 $ 234.00 225.00 $ 243.00 $ 253.00 $ 263.00 $ 274.00 $ 225.00 $ T4 - Building/Construction Inspector Building/Construction Inspector $ 208.00 200.00 $ 216.00 $ 225.00 $ 234.00 $ 243.00 $ 200.00 $ E4 - Resident Engineer/Lead Inspector - OT Senior Professional - Grade 4 - Overtime $ 260.00 250.00 $ 270.00 $ 281.00 $ 292.00 $ 304.00 $ 250.00 $ T4 - Building/Construction Inspector - OT Building/Construction Inspector - Overtime $ 234.00 225.00 $ 243.00 $ 253.00 $ 263.00 $ 274.00 $ 225.00 $ Survey Crew - 1 Man (prevailing) Survey Crew - 1 Man (prevailing) $ 239.00 230.00 $ 249.00 $ 259.00 $ 269.00 $ 280.00 $ 230.00 $ Survey Crew - 2 Man (prevailing) Survey Crew - 2 Man (prevailing) $ 333.00 320.00 $ 346.00 $ 360.00 $ 374.00 $ 389.00 $ 320.00 $ Survey Crew - 3 Man (prevailing) Survey Crew - 3 Man (prevailing) $ 484.00 465.00 $ 503.00 $ 523.00 $ 544.00 $ 566.00 $ 465.00 $ Survey Crew - 1 Man (prevailing) - OT Survey Crew - 1 Man (prevailing) - Overtime $ 265.00 255.00 $ 276.00 $ 287.00 $ 298.00 $ 310.00 $ 255.00 $ Survey Crew - 2 Man (prevailing) - OT Survey Crew - 2 Man (prevailing) - Overtime $ 374.00 360.00 $ 389.00 $ 405.00 $ 421.00 $ 438.00 $ 360.00 $ Survey Crew - 1 Man (non-prevailing) Survey Crew - 1 Man (non-prevailing) $ 225.00 216.00 $ 234.00 $ 243.00 $ 253.00 $ 263.00 $ 216.00 $ Survey Crew - 2 Man (non-prevailing) Survey Crew - 2 Man (non-prevailing) $ 308.00 296.00 $ 320.00 $ 333.00 $ 346.00 $ 360.00 $ 296.00 $ Survey Crew - 3 Man (non-prevailing) Survey Crew - 3 Man (non-prevailing) $ 385.00 370.00 $ 400.00 $ 416.00 $ 433.00 $ 450.00 $ 370.00 $ Accounting Technican, Word Processor, Administrative Staff $ 146.00 140.00 $ 152.00 $ 158.00 $ 164.00 $ 171.00 $ 140.00 $ Clerical Office Aide $ 120.00 115.00 $ 125.00 $ 130.00 $ 135.00 $ 140.00 $ 115.00 $ Other Direct Costs (ODCs)
Item rate unit
(Some EXAMPLES below; add others if needed:)Vehicle - Light Truck and Car $9.50/hr or $75/day or $1,800/month hr/day/monthVehicle - 2 Wheel Drive $10.50/hr or $85/day or $1,950/month hr/day/monthVehicle - 4 Wheel Drive $11.50/hr or $95/day or $2,100/month hr/day/monthATV - All Terrian Vehicle $8.50/hr or $70/day or $1,750/month hr/day/monthStandard Survey Equipment $16.50/hr hourGPS Survey Equipment $80.00/hr hourNuclear Gage Equipment $9.50/hr hourGPS Bathymetric Survey Equipment $50.00/hr hourDrone Survey Equipment $14.00/hr hourComputer & Peripherals $6.50/hr hourTravel Expenses/Per Diem T&M T&MVehicle Mileage IRS Rate mileReproduction (8.5x11 sizes) - Black and White $0.50/ea eachReproduction (8.5x11 sizes) - Color $0.75/ea eachReproduction (11x17 sizes) – Black and White $0.75/ea each Reproduction (11x17 sizes) - Color $1.00/ea eachLarge Format Drawing Copies – 20lb Bond – Black and W $0.65/sq ft sq ft Large Format Drawing Copies – 20Ib Bond – Color $1.00/sq ft sq ftPlotting - Mylar $8.00/sq ft sq ftMailings and Communication T&M T&MMiscellaneous Supplies T&M T&MOutside Equipment and Services 15% Markup %Profit on Labor 10.00% %Profit on ODCs 5.00% % 100% 2022 and 0%
2023

10 Exhibit B
Professional Services Agreement
Insurance Requirements
I. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance for his/her employees in accordance with the laws of the State of California and Employers Liability Insurance in an amount not less than one million dollars ($1,000,000) per accident for bodily injury and/or disease. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance in accordance with the laws of the State of California and Employers Liability Insurance in an amount not less than one million dollars ($1,000,000) per accident for bodily injury and/or disease for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. This provision shall not apply if Consultant has no employees performing work under this Agreement. If the Consultant has no employees for the purposes of this Agreement, Consultant shall sign the “Certificate of Exemption from Workers’ Compensation Insurance” which is attached hereto as Exhibit C.

II. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.

III. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.

IV. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s operations under this Agreement, whether such operations are by the Consultant or by its employees, subcontractors, or sub-consultants. The amount of this insurance shall not be less

11 than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.

V. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a current A.M. Best’s rating of no less than A:VII and shall be endorsed with the following specific language or equivalent:

A. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. Conforms to ISO CG 2009 and CG 2037 10 01. Both are required.

B. This policy shall be considered primary insurance as respects to the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any selfinsured retention the City may have, shall be considered excess insurance only and shall not contribute with it.

C. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.

D. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.

E. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.

F. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage except after thirty (30) days written notice has been received by the City.

VI. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retention’s.

VII. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City, as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

12 Exhibit C
Vendor Payment Options
The City of Yuba City currently participates in an electronic bill pay program.

The Control Pay Advanced program offered through Commerce Bank is an automated accounts payable solution. Commerce Bank enrolls City vendors in the program. Once enrolled, the Finance Department will send weekly electronic accounts payable files using the standard industry Automated Clearing House (ACH) technology, to Commerce Bank listing all information regarding the payment to the vendor. Commerce Bank will then process the accounts payable file and transmit electronic payments to those vendors in the program through Visa instead of the City processing individual checks and sending by mail. Vendors will receive the funds in their bank account within 24-48 hours.

Does your company accept Visa payment for invoices? _____ YES _____ NO AUTHORIZED SIGNER:

By:___________________________
Title:__________________________

CITY OF YUBA CITY
Future Agenda Items
- Councilmember Boomgaarden
- Councilmember Kirchner
- Councilmember Pasquale
- Vice Mayor Shaw
- Mayor Harris

CITY OF YUBA CITY
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda
City Manager’s Report

CITY OF YUBA CITY
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda
City Council Reports
- Councilmember Boomgaarden
- Councilmember Kirchner
- Councilmember Pasquale
- Vice Mayor Shaw
- Mayor Harris
Adjournment