y:,:N,.''.
5,..,: r,,.x:zs. j; t; j, v;
lir` a"
r,. akM;
F;u
d;
m
56 P IA- 9 i Enl I a °
2019 HOUSING ELEMENT BACKGROUND REPORT
TABLE 29: RENTAL RATES BY NUMBER OF BEDROOMS
20 19 tentaLSurvey-;° x FCensusData Bedroom Type w Uni4s Median Rent' Median Rent w ang`e s AVailabie 2, 7: r_ , a . , . o- .. , . _ a _ o .. . . z . .. , .. . ,.. . ,. , 4..( 2U00), Studio 0 N/ A 500
1 bed 0 N/ A 745 625
2 bed 2 1, 395 979 750
3 bed 7 1, 400-$ 2, 500 1, 518 800 1, 846( 4)/ 4 bed or more 11 2, 095-$ 3, 650 N/ A 2, 380( 5+) SOURCE: US CENS[ IS, 2000; US CENSUSACS, 2013- 2017,' ZILLOW. COM, 2019, CR. 9IGSLIST. COM, 2019
I-Iousing Affordability Income Groups The California Department of Housing and Community Development( HCD) publishes household income data annually for areas in California. Table 30 showsthe maximum annual income level foreach income group adjusted for household size for San Joaquin County. The maximum annual income data is then utilized to calculate the maximum affordable housing payments for different households ( varying by income level) and their eligibility for housing assistance programs.
ExtremelyLowlncomeHouseholdshaveacombinedincomeatorlowerthan30% ofareamedianincome( AMI), as established by the state Department of Housing and Community Development( HCD). Very Low Income Households have a combined income between 30 and 50% of AMI, as established by HCD.
Lowlncome Households have a combined income between 50 and 80% ofAMl, as established by HCD.
Moderate Income Households have a combined income between 80 and 120% ofAMl, as established by HCD.
Above Moderate Income Households have a combined income greater than 120% of AMI, as established by HCD.
TABLE30: $ TATEINCOMELIMITS- SAN OAQUINCOUNTY( ZO' I9
F Perso; n ' , 2;-Perso` Person , 4 Person 5'°: 6 Person ; 7 Pe` j`8 R.erson:.; Income Gro',up ' 1 n 3, Person k rson ` Extremely Low 14, 700 ; $ 16, 910 $ 21, 330 ; $ 25, 750 $ 30, 170 $ 34, 590 $ 39, 010 i $ 43, 430 Very Low 24, 500 $ 28, 000 ; $ 31, 500 ; $ 35, 000 $ 37, 800 ; $ 40, 600 ; $ 43, 400 1 $ 46, 200 Low 39, 200 : $ 44, 800 ! $ 50, 400 : $ 56, 000 ! $ 60, 500 ! $ 65, 000 $ 69, 450 ! $ 74, 950
Moderate 60, 000 i $ 68, 550 ; $ 77, 150 i $ 85, 700 ? $ 92, 550 i $ 99, 400 ! $ 106, 250 ! $ 113, 100
Above Moderate $ 60, 000+ ; $ 68, 550+ ; $ 77, 150+ ! $ 85, 700+ ' $ 92, 550+ ; $ 99, 400+ ' $ 106, 250+ $ 113, 100+ SOURCE: HOUSlNGAND COMMUN( TYDEVELOPMENT DEPARTMENT, 20I9
Housing AffordabilitX Table 31 shows the maximum rents and sales prices, respectively, that are affordable to very low, low, moderate, and above moderate- income households. Affordability is based on a household spending 30% or less of their total household income for shelter. Affordability is based on the maximum household income levels established by HCD Tabie 30). The annual income limits established by HCD are similar to those used by the US Department of Housing and Urban Development( HUD) for administering various affordable housing programs. In order to provide an idea of affordable housing costs by income group, affordable home sales prices are estimated for one, two, four, and six person households ( see Table 29). Maximum affordable sales price is based generally on the following assumptions: 5% interest rate, 30- year fixed loan, and downpayments that vary with income level, as described in Table 31.
Comparing the maximum affordable housing costs in Table 31 to the rental rates in Tables 28 and 29, rental rates in Lathrop are generally affordable to moderate income households oftwo or more persons and to above moderate income
35
57 2019 HOUSING ELEMENT BACKGROUND REPORT households. While there are some units affordable to extremely low, very low, and low income households, there is a very limited number of the more affordable units. The median rental rates reported by 2013- 2017 ACS( Table 29) are in the affordability range of low, moderate, and above moderate income households. The 2019 rental survey indicated thatthere are currently is a limited number of smaller rental units( studio, 1 bedroom, and 2 bedroom units) in Lathrop that are affordable to very low and low income households, butthatthere are units affordable to low income households with 4 or more persons as well as to moderate and above moderate income households of all sizes. The majority of available rentals were larger units; there were no studio or 1 bedroom units listed for rent and onlytwo 2- bedroom units. Moderate and above moderate income households can afford a broad range of available housing.
Similarly, homes for sale in Lathrop are affordable to moderate and above moderate income households, based on a comparison of Tables 27 and 31. There is a small number of units, all mobile homes, affordable to very low and low income households. Current home sales prices are not affordable to extremely low income households.
TABLE 3' I: HOUSING AFFORDABILITY BY INCOME GROUP
s ti ' iwo on e SaxsPerson ; z One Person , Per v Four`.Persan• . r 4 Mo"nthay v' ` ± i Home Home llonthly` ` Home. ; Monthly , `_'.r Nom, er Month l'y;"; Intome Gr: nt or Rent R nt i ent or=' oup ; Re: ox , or 9 :, s , - ; Sale k Sal e 7 Sa le Sale Ho;usNng Ho4usin` g Hoyusing ; Housmgb`; Pri e" ; i Price* ' Price* Price* Cost } Cost , Cost r Cost,_
Extre mely Low $ 51, 100 $ 367 $ 58, 100 $ 422 i $ 86, 000 $ 643 $ 114, 900 $ 864 Very Low 89, 000 $ 612 $ 100, 400 $ 700 ; $ 123, 100 $ 875 $ 141, 200 $ 1, 015 Low 138, 000 $ 980 $ 155, 600 $ 1, 120 ; $ 190, 900 $ 1, 400 $ 219, 200 $ 1, 625 Moderate 226, 600 $ 1, 500 ! $ 255, 500 $ 1, 713 '. $ 313, 400 $ 2, 142 ' $ 359, 600 $ 2, 485
Above Moderate $ 226, 600+ $ 1, 500+ $ 255, 500+ $ 1, 713+ ; $ 313, 400+ $ 2, 142+ $ 359, 600+ $ 2, 485+ MAXIMUMAFFORDABLE SALES PRICE lS BASED ON THE FOLLOWING ASSUMPTIONS: S% INTEREST RATE, 3O- YEAR FIXED LOAN, DOWNPAYMENT: S,000- EXTREMELY LOW,.$10,000- VERY LOW,'$ 1$, 000- LOW,$ 2S,000- MODER.4TE, PROPERTYTAX, UTILITIES, AND HOMEOWNERS
INSUR. 4NCE AS 3O% OF MONTHLY HOUSING COST EXTREMELY LOW, 28% OF MONTHLY HOUSING COST LOW, AND 2$% OF MONTHLY HOUSI NG COST MODER. 4TE ABOVE MODERATE. HOMES SALES PRICESARE ROUNDED TO NEAREST.$ IOO. SOURCE: DE NOVO PLANNING GROUP, ZO19
Affordable I ousing Inventory There are no subsidized or otherwise rent- restricted affordable multifamily complexes in Lathrop.
Mobile Iorne Parks Lathrop has four mobilehome parks with a total of 259 spaces, as listed below. None of the mobilehome parks are restricted to lower income households, however, mobilehomes typically present a lower cost housing option.
Lathrop Sands, 15550 S. Harlan Road- 36 spaces Walnut Grove Mobile Home Park, 365 E. Louise Avenue- 54 spaces
e Camino Real Mobile Estates, 15820 S. Harland Road- 167 spaces
Harlan Park, 11424 S. Harlan Road- 2 spaces
FUTURE HOUSIIVG NEEDS A Regional Housing Needs Plan( RHNP) is mandated bythe State of California( Government Code[ GC], Section 65584) for regions to address housing issues and needs based on future growth projections for the area. The RHNP for San Joaquin County is developed by the San Joaquin Council of Governments ( SJCOG), and allocates a " fair share" of regional housing needs to individual cities and unincorporated county. The intent of the RHNP is to ensure that local jurisdictions address not only the needs of their immediate areas but also that needs for the entire region are fairly distributed to all communities. A major goal ofthe RHNP is to assure that every community provides an opportunity for a mix of affordable housing to all economic segments of its population.
36
58 ATTACHMENT " u
CITY OF LATHROP PLANNING COMMI5SION RESOLUTION NO. 20-4
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LATHROP RECOMMENDING CITY COUNCIL RECEIVE AND ACCEPT THE HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR CALENDAR YEAR 2019 AND AUTHORIZE STAFF TO SUBMIT THE REPORT TO THE GOVERNOR' S OFFICE OF PLANNING AND RESEARCH AND THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMiJNITY DEVELOPMENT
WHEREAS, California Government Code Section 65400( 2) requires the planning agency to provide an annual report to the City Council, the Governor' s Office of Planning and Research OPR), and the State Department of Housing and Community Development ( HCD) regarding progress toward implementation of the housing element of the general plan; and
WHEREAS, planning staff has prepared an annual progress report for the calendar year 2018, utilizing the prescribed forms and instructions provided by HCD; and
WHEREAS, the Planning Commission has reviewed all written evidence and oral testimony presented to date.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Lathrop based on substantial evidence in the administrative record of proceedings and pursuant to its independent review and consideration, does hereby recommend the City Council receive and accept the annual progress report on the Housing Element, attached and incorporated by reference herein, and authorize staff to forward the report to the, Governor' s Office of Planning and Research and the State Department of Housing and Community Development pursuant to Government Code Section 65400( 2).
Planning Commission Resolution No. 20- 4 Page 1 of 2
59 PASSED A1VD t I)OPTED by the Planning Commission of the City of Lathrop at a 19th regular meeting on the day of February, 2020 by the following vote:
AYES: Gatto, Ralmilay, Rhodes, Ishihara
NOES: None
ABSTAIN: None
ABSENT: Dresser
ennie Gatto, Chair
ATTEST: APPROVED AS TO FORM:
M k iss er, Sec etary Salvador Navarrete, City Attorney
Plannin Commission Resolution No. 20- 4 Page 2 of 2
60 f
I ITEM 4. 6 i
CITY MANAGER' S REPORT MARCH 9, 2020 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE AMENDMENT NO. 6 TO THE WASTEWATER TREATMENT PLANT OPERATION AND MAINTENANCE AGREEMENT WITH VEOLIA WATER WEST OPERATING SERVICES, INC.
RECOMMENDATION: Adopt Resolution Approving Amendment - No. 6 to the Wastewater Plant Operation and Maintenance Agreement with Veolia Water West Operating Services, Inc. and Associated Budget Amendment
SUMMARY:
The Lathrop Consolidated Treatment Facility ( LCTF) provides sewer treatment capacity for the Crossroads, Mossdale, River Islands; South Lathrop Specific Plan and Central Lathrop Specific Plan development areas. Veolia Water West Operating Services, Inc., ( Veolia) provides Operations and Maintenance ( O& M) services based
on a 2003 O& M Agreement. The annual budget in the 2003 O& M Agreement for
repair, maintenance and replacement costs is $ 50, 000. Due to the recent Capital Improvement Project ( CIP) WW 14- 14 LCTF 2 Expansion Project, the annual cost
needs to be increased to $ 100, 000 for Fiscal Year 2019/ 2020 ( FY 19/ 20) and 100, 000 for Fiscal Year 2020/ 2021 ( FY 20/ 21) to adequately maintain the LCTF.
Staff is requesting City Council approve Amendment No. 6 to the O& M Agreement with Veolia and associated budget amendment to increase the repair, maintenance, and replacement budget from $ 50, 000 to $ 100, 000 for FY 19/ 20 and $ 100, 000 for
FY 20/ 21 to reflect actual costs for the maintenance of the LCTF. The increase in cost for Amendment No. 6 will be paid from Fund 6080 using revenue generated by ratepayers and standby charges collected from developers that participated in the LCTF 2 Expansion Project CIP WW 14- 14.
BACKGROUND:
The LCTF provides sewer treatment capacity for the Crossroads, Mossdale, River Islands, South Lathrop Specific Plan and Central Lathrop Specific Plan development areas. Veolia provides operation and maintenance services for the LCTF under the O& M Agreement that was originally between the City and US Filter Operating Services in 2003. This agreement has been amended numerous times, and most recently in May 2018, Contract Amendment No. 5 was approved for a contract fee adjustment associated with the LCTF Phase 2 plant expansion.
61 CITY MANAGER' S REPORT PAGE 2 MARCH 9, 2020 CITY COUNCIL REGULAR MEETING APPROVE AMENDMENT NO. 6 TO THE WASTEWATER TREATMENT PLANT OPERATION AND MAINTENANCE AGREEMENT WITH VEOLIA WATER WEST OPERATING SERVICES, INC.
Contract Amendment No. 6 to the O& M Agreement with Veolia and an associated budget amendment are needed to increase the repair, maintenance and replacement budget from $ 50, 000 to $ 100, 000 for FY 19/ 20 and $ 100, 000 for FY 20/ 21 to reflect the actual costs for maintenance of the LCTF.
REASON FOR RECOMMENDATION:
Staff requests City Council to approve Amendment No. 6 for the Veolia Operations and Maintenance Agreement for the LCTF and an associated budget amendment in order to increase the annual repair, maintenance and replacement budget to fully capture the annual maintenance costs for the LCTF.
FISCAL IMPACT:
A budget amendment is required in FY 19/ 20 for an additional amount of $ 50, 000 and in FY 20/ 21 for an additional amount of $ 50, 000 in order to cover the additional cost for the repair, maintenance, and replacement budget, and will be paid from the Membrane Bio Reactor ( MBR) Wastewater Fund 6080 using revenue generated by rate payers and standby charges collected from developers that participated in the LCTF 2 Expansion Project CIP WW 14- 14.
Staff is requesting Council approve a budget amendment as follows:
Increase A propriation in FY 19/ 20 6080- 50- 34- 420- 01- 00 50, 000
Increase A propriation in FY 20/ 21 6080- 50- 34- 420- 01- 00 50, 000
ATTACH M ENTS:
A. Resolution of the City Council of the City of Lathrop Approving Amendment No. 6 to the Wastewater Plant Operation and Maintenance Agreement with Veolia Water West Operating Services, Inc., and Associated Budget Amendment
B. Amendment No. 6 to the Agreement for Wastewater Plant Operation and Maintenance Services Between the City of Lathrop and Veolia Water West Operating Services, Inc.
62 CITY MANAGER' S REPORT PAGE 3 MARCH 9, 2020 CITY COUNCIL REGULAR MEETING APPROVE AMENDMENT NO. 6 TO THE WASTEWATER TREATMENT PLANT OPERATION AND MAINTENANCE AGREEMENT WITH VEOLIA WATER WEST OPERATING SERVICES, INC.:
APPROV LS:
1^- 2$ 2. 2..a Greg Gib n Date Senior Civil Engineer
3 2- 2oLO Michael King Date Direc or of Public Works
Cari J s Date Finan & Administrative Services Director
Z- Z? ' Z-
Salvador Navarrete Date City Attorney
3• a e2o
Ste n J. Salvatore Date City Manager
63 RESOLUTION NO. 20-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING AMENDMENT NO. 6 TO THE WASTEWATER PLANT OPERATION AND MAINTENANCE AGREEMENT WITH VEOLIA WATER WEST OPERATING SERVICES, INC. AND ASSOCIATED BUDGET AMENDMENT
WHEREAS, the Lathrop Consolidated Treatment Facility ( LCTF) provides sewer treatment capacity for the Crossroads, Mossdale, River Islands, South Lathrop Specific Plan and Central Lathrop Specific Plan development areas; and
WHEREAS, Veolia Water West Operating Services ( Veolia) provides operation and maintenance services for the LCTF under the Operations and Maintenance ( O& M) Agreement that was originally entered by the City with US Filter Operating Services in 2003; and
WHEREAS, the O& M agreement has been amended numerous times, and most recently in May 2018, Contract Amendment No. 5 was approved for a contract fee adjustment associated with the LCTF Phase 2 plant expansion; and
WHEREAS, Contract Amendment No. 6 to the O& M Agreement with Veolia
and the associated budget amendment are needed to increase the repair,
maintenance, and replacement budget from $ 50, 000 to $ 100, 000 for Fiscal Year
2019/ 2020 ( FY 19/ 20) and $ 100, 000 for Fiscal Year 2020/ 2021 ( FY 20/ 21) to reflect the actual costs for maintenance of the LCTF; and
WHEREAS, the increase in cost due to Amendment No. 6 will be paid from Fund 6080 using revenue generated by rate payers and standby charges collected from developers that participated in the LCTF 2 Expansion Project CIP WW 14- 14.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves Amendment No. 6 to the Veolia Operations and Maintenance Agreement to increase the repair, maintenance and replacement budget from $ 50, 000 to $ 100, 000 for FY 19/ 20 and $ 100, 000 for FY 20/ 21 to reflect actual costs for the maintenance of the Lathrop Consolidated Treatment Facility; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a budget amendment increasing appropriations in the Membrane Bio Reactor ( MBR) Wastewater Fund 6080 for the additional amount of $ 50, 000 for
FY 19/ 20 and an additional amount of $ 50, 000 for FY 20/ 21 as follows:
Increase A propriation in FY 19/ 20 6080- 5034- 420- 01- 00 50, 000
Increase A propriation in FY 20/ 21 6080- 5034- 420- 01- 00 50, 000
64 9t" The foregoing resolution was passed and adopted this day of March, 2020, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
APPROVED AS TO FORM: ATTEST:
Salvador Navarrete, City Attorney Teresa Vargas, City Clerk
65 i
Attachment B I----—------— ------
AMENDMENT NO. 6
TO THE AGREEMENT FOR WASTEWATER PLANT OPERATION AND MAINTENANCE SERVICES BETWEEN THE CITY OF LATHROP AND VEOLIA WATER WEST OPERATING SERVICES, INC.
This Amendment ( hereinafter " AMENDMENT NO. 6") to the agreement between US Filter Operating Services, Inc. (" USFOS") and the City of Lathrop dated April 29, 2003, Amendment No. 1 dated January 20, 2009, Amendment No. 2 dated April 19, 2010, Amendment No. 3 dated July 1, 2014, Amendment No. 4 dated September 21, 2015, and Amendment No. 5 dated May 17, 2018 ( hereinafter " AGREEMENT") made and entered into as of this day of is by and between Veolia Water West Operating Services (" VWWOS"), successor to USFOS, and the CITY OF LATHROP, a California municipal corporation (" CITY"). Unless otherwise defined herein, capitalized terms used in this AMENDMENT NO. 6 shall have the meeting set forth in the AGREEMENT.
RECITALS
WHEREAS, US Filter Operating Services, Inc. and CITY entered into the AGREEMENT; and
WHEREAS, USFOS assigned the AGREEMENT to Veolia Water North America Operating Services, a Delaware corporation ( VWNA); and
WHEREAS, VWNA later assigned the AGREEMENT to Veolia Water North America Operating Services, LLC; and ,
WHEREAS, Veolia Water North America operating Services, LLC assigned to Veolia Water West Operating Services ( VWWOS) its right, title and interest in and to the AGREEMENT; and
WHEREAS, in January 2009, Amendment No. 1 to the AGREEMENT was approved to reduce fees for services and extend the term of the AGREEMENT by five years; and
WHEREAS, in April 2010, Amendment No. 2 was approved to provide cost reduction measures for the Crossroads facility which also extended the contract term by one year; and
WHEREAS, in April 2014, Amendment No. 3 was approved which reduced the
fees and amended the scope of services for the maintenance of Pond E- 1 ( aka Pond S- 5) and the undeveloped parcel north of the pond; and
1
66 WHEREAS, in September 2015, Amendment No. 4 was approved to reflect the consolidation of the two existing wastewater treatment facilities into a single Consolidated Treatment Facility ( herein referred to as " CTF" or" FACILITY"); and
WHEREAS, in May 2018, Amendment No. 5 was approved due to a contract fee adjustment and changes in scope associated with Phase 2 expansion of the CTF.
WHEREAS, Amendment No. 6 is now needed to modify Section 4. 8 regarding the Replacement Cap, Replacement Budget and Services Fee contained in the AGREEMENT as amended, to accurately reflect work to be performed by VWWOS for annual maintenance costs;
NOW, THEREFORE, VWWOS and CITY agree as follows:
AMENDMENT NO. 6 to AGREEMENT
1.) The AGREEMENT is hereby amended at title of section 4.8 and at paragraphs 4.8( b)( 1) and 4.8( b)( 2) only as follows:
Section 4. 8 Q M,^ e», eM+ QANI/JAA IIAM - 7M Replacement Cap/ Repair, Maintenance and Replacement Budqet
b) ( 1). City shall maintain a funded Repair, Maintenance and Replacement budget of$ A 9A 100 000 per fiscal year to be made available to USFOS under the terms of this paragraph for repair, maintenance and replacement expenses which exceed the Replacement Cap. USFOS may invoice the City for up to $ 25, 000 for any individual repair, maintenance. or replacement item. USFOS shall notify City in writing when USFOS has invoiced or expects to invoice the City a total of $40, 000 or more in any fiscal year.
2). If USFOS proposes a single repair, maintenance and replacement item costing more than $ 25, 000 or there are insufficient funds remaining in the annual $ 9; AA9 100 000 budget to cover the repair, maintenance or replacement item, USFOS shall notify the City in writing as soon as possible and, where reasonably possible, sufficiently in advance of the need for any repair, maintenance or replacement that the City may evaluate and determine whether to provide additional funding for repair, maintenance or replacement in that fiscal year.
2
67 2.) Applicability to Oriqinal AGREEMENT
Except as expressly and specifically amended by this AMENDMENT NO. 6, the language, terms, and conditions of the AGREEMENT and AMENDMENTS 1- 5 remain unchanged and in full force and effect and are incorporated by reference between the provisions of the AGREEMENT and this AMENDMENT NO. 6, the
provisions of this AMENDMENT NO. 6 shall govern and control. The AGREEMENT, including Amendments 1- 6, sets forth the entire agreement between the parties with respect to the matters set forth herein. There have been no additional oral or written representations or agreements. This instrument may be executed in multiple counterparts each of which is deemed an original but together constitute one and the same instrument.
3.) Siqnatures
The individuals executing this AMENDMENT NO. 6 represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this AMENDMENT NO. 6 on behalf of the respective legal entities of the VWWOS and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
3
68 Approved as to Form: City of Lathrop City Attorney
Salvador Navarrete Date
Recommended for Approval: City of Lathrop Public Works Director
Michael King Date
Accepted By: City Manager City of Lathrop 390 Towne Centre Drive Lathrop, CA 95330
Stephen J. Salvatore Date
CONSULTANT: Veolia Water West Operating Services, Inc. 18800 Christopher Way Lathrop, CA 95330
Fed I D #
Lathrop Bus License #
Signature Date
Print Name and Title)
4
69 70 L", s I I
CITY MANAGER' S REPORT MARCH 9, 2020 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH CAROLLO ENGINEERS, INC. FOR WELL 21 IMPROVEMENTS CIP PW 08- 09
RECOMMENDATION: Adopt Resolution Approving a Professional Services Agreement with Carollo Engineers, Inc. for Phase 1 Engineering Design Services for Well 21 Improvements CIP PW 08- 09
SUMMARY:
The City' s Well 21 facility was constructed in 2003 in order to serve development in the Mossdale and River Islands areas, but it has yet to function as a regular and reliable water source for the City due to nurrierous water quality and well construction issues. Relocation of Well 21 and improvements to the groundwater treatment facility are needed to address the water quality and well construction issues to meet drinking water standards and bring it into production. Professional engineering services are needed to support Well 21 Improvements Capital Improvement Project ( CIP) PW 08- 09. Staff requested and received proposals from qualified engineering consultants. After reviewing, evaluating, scoring, and ranking the proposals, Carollo Engineers, Inc. ( Carollo) was selected as the best qualified firm based on their previous work history, qualifications, positive references, and overall understanding of the project requirements.
StafF requests that City Council approve a Professional Services Agreement with Carollo in the amount of $ 805, 684 for Phase 1 engineering design services through bidding assistance. An amendment for Phase 2 ( engineering services during construction) will be prepared following completion of the Phase 1 tasks.
Funds approved in the FY 2019/ 21 budget for Well 21 Improvements CIP PW 08- 09 are sufficient to authorize the agreement.
BACKGROUND:
The City' s Well 21 facility was constructed in 2003 in an area located south of Yosemite Avenue and west of McKinley Avenue in order to serve development in the Mossdale and River Islands areas. However, Well 21 has yet to function as a regular and reliable water source for the City due to numerous water quality and well construction issues. Relocation of Well 21 and improvements to the groundwater treatment facility are needed to address the water quality and well construction issues to meet drinking water standards and bring it into production. The well is anticipated to be relocated to a site at the Well 21 facility itself, or at a nearby parcel of land that was purchased by the City for a future well site. In addition, a future one- million- gallon storage tank and booster pump station is proposed to be located at the Well 21 site.
71 CITI( IWANAGER' S IZEPORT P 1GE 2 1 I 4RCH 9, 2020, CITY COUIVCIL REGULAIt MEETING APPR09/ PROFESSIONAL SERVICES AGREEMEIOIT WITH Ci4ROLL0 FOR WELL 21 IMPF Oi/ EMERlTS CYP PW 08- 09
Staff requested and received proposals from qualified engineering consultants for professional engineering services needed for the Well 21 Relocation, Groundwater Treatment Facility, 1 MG Storage Tank, and Booster Pump Station Improvements Well 21 Improvements). After reviewing, evaluating, scoring, and ranking the proposals, Carollo was selected as the best qualified firm based on their previous work history, qualifications, positive references, and overall understanding of the project requirements.
Staff has negotiated a scope and fee proposal with Carollo for Phase 1 engineering design services through bidding assistance for a cost of $ 805, 684. An amendment for Phase 2 ( engineering services during construction) will be prepared following completion of the Phase 1 tasks.
REASON FOR RECOMMENDATION:
The Well 21 Improvements project is needed to address water quality issues to bring the well back into production. Carollo was selected as the best qualified firm to provide professional engineering services to support the project based on their previous work history, qualifications, positive references, and overall understanding of the project requirements.
FISC/ L IMPACT:
Staff requests that City Council approve a Professional Services Agreement with Carollo in the amount of $ 805, 684 for Phase 1 engineering design services through bidding assistance. Funds approved in the FY 2019/ 21 budget for CIP PW 08- 09 Well 21 Improvements are sufficient to authorize the agreement. do1TTAC H M E NTS:
A. Resolution Approving a Professional Services Agreement with Carollo Engineers, Inc. for Phase 1 Engineering Design Services for Well 21 Improvements CIP PW 08- 09
B. Professional Services Agreement with Carollo Engineers, Inc. for Phase 1 Engineering Design Services for CIP PW 08- 09 Well 21 Improvements
72 CITY MANAGER' S REPORT PAGE 3 MARCH 9, 2020, CITY COUNCIL_ REGULAR MEETING APPROVE PROFESSIONAL SERVICES_ AGREEMENT WITH CAROLLO FOR WELL I 21 IMPROVEMENTS CIP I pW 08- 0
APPROVALS
2 2`f ZU 2a Greg bson Date Seni r Civil Engineer
2. Z` f ZOZb Michael King Date Director of Public Works
d
Cari e Date Finance & Ad inistrative Services ir tor
Z_ z.. y - z.o- z.
Salvador Navarrete Date City Attorney
zozo
St en J. Salvatore Date City Manager
73 RESOWTION NO. 20 -
A RESOWTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH CAROLLO ENGINEERS, INC. FOR PHASE 1 ENGINEERING DESIGN SERVICES FOR WELL 21 IMPROVEMENTS CIP PW 08- 0.9
WHEREAS, City' s Well 21 facility was constructed in 2003 in an area located south of Yosemite Avenue and west of McKinley Avenue in order to ser e . development in the Mossdale and River Islands areas; and
WHEREAS, Well 21 has yet to function as a regular and reliable water source for the City due to numerous water quality and well construction issues; and
WHEREAS, Well 21 Improvements Capital Improvements Project ( CIP) PW 08- 09 is needed to address water quality issues to bring the well back into production; and
WHEREAS, staff requested and received proposals from qualified engineering consultants for professional engineering services needed for the Well 21 Relocation, Groundwater Treatment Facility, 1 MG Storage Tank, and Booster Pump Station Improvements ( Well 21 Improvements); and
WHEREAS, after reviewing, evaluating, scoring, and ranking the proposals, Carollo Engineers, Inc., ( Carollo) was selected as the best qualified firm based on their previous work history, qualifications, positive references, and overall understanding of the project requirements; and
WHEREAS, staff has negotiated a scope and fee proposal with Carollo for Phase 1 engineering design services through bidding assistance for a cost of 805, 684; and
WHEREAS, staff requests that City Council approve a Professional Services Agreement with Carollo in the amount of$ 805, 684 for the Phase 1 engineering design services for Well 21 Improvements CIP PW 08- 09; and
WHEREAS, funds approved in the FY 2019/ 21 budget for Well 21 Improvements CIP PW 08- 09 are sufficient to authorize _the agreement.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby approve an agreement with Carollo for professional engineering consulting services in the amount of $ 805, 684 for the Phase 1 services associated with Well 21 Improvements CIP PW 08- 09.
74 9th The foregoing resolution was passed and adopted this day of March, 2020, by the following vote of the City Council, to wit:
AYES: fVOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPItOVED AS TO FOR :
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
75 Attachment B
CITI OF L THROP
Af REEiVIENT FOI PROFE SIONAL EIVGIN ERIIVG COIVSULI' ING SER/ ICES VUITH C ROLLO ENGINEERS, IfVC.
TO PROi/ IDE PH SE 1 EfVGIIVEERIIVG DESIGN SER OICES FOR VUELL 21 RELOCATION, GROUNDOIVATER TF EQ TMEPIT FACILITI(, 1 MG STORAC E TANK, AIVD BOOSTER PUNIP STATION IMPROVEI IENTS ( V!lELL 21 IMPROVEMENTS) - CIP PW 0- 09
THIS AGREEMENT, dated for convenience this 9th day of/ larch, 2020, is by and between Carollo Engineers, Inc., (" CONSULTANT") and the City of Lathrop, a California municipal corporation (" CITY");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Engineering Design Services, which are required by this agreement; and
1NHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and
VVHEREi4S, CONSULTANT is willing to render such Engineering Design Services, as hereinafter defined, on the following terms and conditions;
NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGFtEEMEIVT
1) Sco e of Senrice
CONSULTANT agrees to perform Engineering Design Services in accordance with the scope of work and fee proposal provided by CONSULTAIVT, attached hereto as Exhibit " A" and incorporated herein by reference. CONSULTANT represents it is prepared to and can diligently perform these services in accordance with the standards of its profession by exercising the skill and ability ordinarily required of engineers perForming the same or similar services, under the same or similar circumstances, in the State of California, and to CITY' S satisfaction. The fee proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved of in advance and in writing, by the CITY.
Page 1 of 14
76 CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH CAROLLO FOR WELL 21 IMPROVEMENTS — CIP PW 08- 09
2) Compensation
CITY hereby agrees to pay CONSULTANT a sum not to exceed 805 684, for the Engineering Design Services set forth in Exhibit " A". CONSULTANT shall be paid any uncontested sum due and payable within thirty ( 30) days of receipt of billings containing all information pursuant to Paragraph 5 below. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibit A", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' s authorized representative prior to the commencement of the work. Payment is made based on a time and materials basis.
3) Effective Date and Term
The effective date of this Agreement is March 9, 2020, and it shall terminate no later than June 30, 2022.
4) Independent Contractor Status
It is expressly understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the CITY. As an independent contractor, CONSULTANT is responsible for controlling the means and methods to complete the scope of work described in Exhibit " A" to City' s satisfaction. CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY.
5) Billinqs
CONSULTANT shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONSULTANT' S bills shall include a list of all tasks, a total amount due, the amounts previously billed, and the net amount due on the invoice. Except as specifically authorized by CITY, CONSULTANT shall not bill CITY for duplicate services performed by more than one person. In no event shall CONSULTANT submit any billing for an amount in excess of the rates or the maximum amount of compensation provided in section (2) for either task or for the entire Agreement, unless modified by a properly executed change order.
Page 2 of 14
77 CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH CAROLLO FOR WELL 21 IMPROVEMENTS — CIP PW 08- 09
6) Advice and Status Reportinq
CONSULTANT shall provide the CITY with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder, and shall furnish to CITY such information as is necessaryto enable CITYto monitorthe performance of this Agreement.
CONSULTANT shall submit to CITY such reports, diagrams, drawings and other work products developed pursuant to the Scope of Services.
7) Auditinq
CITY reserves the right to periodically audit all charges made by CONSULTANT to CITY for services under this Agreement. Upon request, CONSULTANT agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit.
CONSULTANT agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONSULTANT agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with the requirement. CONSULTANT further agrees to maintain such records for a period of three (3) years after final payment under this agreement.
8) Assiqnment of Personnel
CONSULTANT acknowledges that the CITY has relied on CONSULTANT' s capabilities and on the qualifications of CONSULTANT' s principals and staff as identified in its proposal to CITY. The services shall be performed by, or under the direct supervision, of CONSULTANT' s Authorized Representative: Christopher T. Cleveland, P. E., Principal- in- Charge. CITY shall be notified by CONSULTANT of any change of its Authorized Representative, and CITY is granted the right of approval of all original, additional, and replacement personnel at CITY' s sole discretion, and shall be notified by CONSULTANT of any changes of CONSULTANT's project staff prior to any change.
CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. If CITY asks CONSULTANT to remove a person assigned to the work called for under this Agreement, CONSULTANT agrees to do so immediately, without requiring the City to process a reason or explanation for its request.
Page 3 of 14
78 CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH CAROLLO FOR WELL 21 IMPROVEMENTS — CIP PW 08- 09
9) Assiqnment and Subcontractinq
It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT. Neither this Agreement nor any interest therein may be assigned by CONSULTANT without the prior written approval of CITY' s authorized representative. CONSULTANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY' S authorized
representative.
10) Insurance
On or before beginning any of the services or work called for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections (a) through ( c) below with insurers and
under forms of insurance satisfactory in all respects to the CITY. CONSULTANT shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONSULTANT has also been obtained for the
subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers' Compensation. CONSULTANT shall, at CONSULTANT' s sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons emp.loyed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars 1, 000, 000). In the alternative, COfVSULTANT may rely on a self- insurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONSULTAIVT, if a program of self- insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
Page 4 of 14
79 CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH CAROLLO FOR WELL 21 IMPROVEMENTS — CIP PW 08- 09
b) Commercial General and Automobile Liability Insurance. CONSULTANT, at CONSULTANT' s own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than two million dollars ($ 2, 000, 000) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If Commercial General Liability Insurance or an Automobile Liability 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. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liabilityform CA 0001 ( ed. 12/ 90) Code 1 ( any auto).
Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, agents, and volunteers are to be v covered as insured with respect to each of the following: liability arising out of activities performed by or on behalf of CONSULTANT, including the insider' s general supervision of , CONSULTANT; products and completed operations of CONSULTANT; premises owned, occupied or used by CONSULTAIVT. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its
officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage.
iv) Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers.
Page 5 of 14
80 CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH CAROLLO FOR WELL 21 IMPROVEMENTS — CIP PW 08- 09
v) Insurance is to be placed with California- admitted insurers with a Best' s rating of no less than A: VII.
vi) Notice of cancellation or non- renewal must be received by CITY at least thirty days prior to such change.
c) Professional Liabilitv. CONSULTANT, at CONSULTANT' s own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than two million dollars ($ 2, 000, 000) per claim made and per policy aggregate covering the licensed professionals' errors and omissions, as follows:
i) Any deductible or self- insured retention shall not exceed 150, 000 per claim.
ii) Notice of cancellation, reduction in coverage, or non- renewal must be received by the CITY at least thirty days prior to such change shall be included in the coverage or added as an endorsement to the policy.
iii) The policy must contain a cross liability or severability of interest clause.
iv) The following provisions shall apply if the professional liability coverages are written on a claims made form:
1. The retroactive date of the policy must be shown and must be before the date of the Agreement.
2. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
3. If coverage is canceled or not renewed and it is not replaced with another claims made policy form with a retroactive date that precedes the date of this Agreement, CONSULTANT must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The CITY shall have the right to exercise at the CONSULTANT' s cost, any extended reporting provisions of the policy should the CONSULTANT cancel or not renew the
coverage.
Page 6 of 14
81 CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH CAROLLO FOR WELL 21 IMPROVEMENTS — CIP PW 08- 09
4. A copy of the claim reporting requirements must be submitted to the CITY prior to the commencement of any work under this Agreement.
d) Deductibles and Self- Insured Retentions. CONSULTANT shall disclose the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, upon express written authorization of the CITY' s authorized representative, CONSULTANT may increase such deductibles or self- insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY' s authorized representative may condition approval of an increase in deductible or self- insured retention levels upon a requirement that CONSULTANT procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e) Notice of Reduction in Coverape. In the event that any coverage required under subsections ( a), ( b), or ( c) of this section of the Agreement is reduced or limited, CONSULTANT shall provide written notice to CITY at CONSULTANT' S earliest possible opportunity and in no case later than five days after CONSULTANT is notified of the change in coverage.
f) In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONSULTANT to stop work under this Agreement or withhold any payment which becomes due to CONSULTANT hereunder, or both stop work and withhold any payment, until CONSULTANT demonstrates compliance with the requirements hereof;
iii) Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT' S breach.
Page 7 of 14
82 CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH CAROLLO FOR WELL 21 IMPROVEMENTS — CIP PW 08- 09
11) Indemnification - CONSULTANT' S Responsibilitv
As to the CONSULTANT' s work hereunder, it is understood and agreed that ( a)
CONSULTANT has the professional skills necessary to perform the work, ( b) CITY relies upon the professional skills of CONSULTANT to perform the work in a skillful and professional manner, and ( c) CONSULTANT thus agrees to so perform.
Acceptance by CITY of the work performed under this Agreement does not operate as a release of said CONSULTANT from such professional responsibility for the work performed. It is further understood and agreed that CONSULTANT is apprised of the scope of the work to be performed under this Agreement and CONSULTANT agrees that said work can and shall be performed in a fully competent manner in accordance with the standard of care applicable to CONSULTANT' S profession.
CONSULTANT shall indemnify, defend, and hold CITY, its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused by the willful misconduct or negligent acts or omissions of CONSULTANT, its employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising out of the negligence or willful misconduct of the CITY, its officers, employees, agents, or volunteers. It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT' s proportionate percentage of fault.
CONSULTANT shall not be responsible for warranties, guarantees, fitness for a particular purpose, breach of fiduciary duty, loss of anticipated profits for economic, incidental, liquidated, or consequential damages to CITY or any third party arising out of breach of contract, delay, termination, or for professional negligence. Additionally, CONSULTANT shall not be responsible for acts and decisions of third parties, including governmental agencies, other than CONSULTANT' s sub- consultants, that impact project completion and/ or success.
Page 8 of 14
83 CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH CAROLLO FOR WELL 21 IMPROVEMENTS — CIP PW 08- 09
12) Licenses
If a license of any kind, which term is intended to include evidence of registration, is required of CONSULTANT, its employees, agents, or subcontractors by federal or state law, CONSULTANT warrants that such license has been obtained, is valid and in good standing, and CONSULTANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable I.aws and regulations.
13) Business Licenses
CONSULTANT shall obtain and maintain a CITY of Lathrop Business License until all Agreement services are rendered and accepted by the CITY.
14) Termination
Either CITY or CONSULTANT may cancel this Agreement upon 30 days written notification to the other party. Upon termination, or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONSULTANT to CITY within ten ( 10) calendar days.
15) Fundinq
CONSULTANT agrees and understands that renewal of this agreement in subsequent years is contingent upon action by the City Council consistent with the appropriations limits of Article XIII ( B) of the California Constitution and that the Council may determine not to fund this agreement in subsequent years.
16) Notices
All contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if ( 1) personally served, ( 2) sent by the United States mail, postage prepaid, ( 3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two ( 2) Days by delivery of a hard copy of the material sent by facsimile transmission. Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
To City: City of Lathrop City Clerk 390 Towne Centre Lathrop, CA 95330
Page 9 of 14
84 CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH CAROLLO FOR WELL 21 IMPROVEMENTS — CIP PW 08- 09
Copy to: City of Lathrop Department of Public Works 390 Towne Centre Lathrop, CA 95330
Main: ( 209) 941- 7430 Fax: ( 209) 941- 7449
To Consultant: Carollo Engineers, Inc. 2880 Gateway Oaks Drive, Suite 300 Sacramento, CA 95833 Phone: ( 916) 565- 4888 Fax: 916) 565- 4880
17) CITY- Provided Information and Services
CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT' s services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required; furnish to CONSULTANT services of others
required for the performance of CONSULTANT' s services hereunder, and CONSULTANT shall be entitled to use and reasonably rely upon such information and services provided by CITY and others in performing CONSULTANT' s services under this Agreement.
18) Estimates and Proiections
CONSULTANT has no control over the cost of labor, materials, equipment or services furnished by others, the schedule of Ithers, over the incoming water quality and/ or quantity, or over the way CITY' s plant( s) and/ or associated processes are operated and/ or maintained. Data projections and estimates are based on
CONSULTANT' s opinion based on experience and judgement. CONSULTANT cannot and does not guarantee that actual schedules, costs and/ or quantities realized will not vary from the data projections and estimates prepared by CONSULTANT and CONSULTANT will not be liable to and/ or indemnify CITY and/ or any third party in the future, except to the extent such inconsistencies are caused by CONSULTANT' s negligent performance hereunder.
19) Access
CITY shall arrange for access to and make all provisions for CONSULTANT to enter upon public and private property as required for CONSULTANT to perform services hereunder.
Page 10 of 14
85 CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH CAROLLO FOR WELL 21 IIVIPROVEMENTS — CIP PW 08-09
20) Miscellaneous
a) Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.
b) Contract Terms Prevail. All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and attached exhibits, the terms of this Agreement shall prevail.
c) Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State of California.
d) Definitions. The definitions and terms are as defined in these specifications.
e) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.
f) Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement.
g) Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement.
h) Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.
i) Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.
Page 11 of 14
86 CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH CAROLLO FOR WELL 21 IMPROVEMENTS — CIP PW 08- 09
j) Ownership of Documents. All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of the CITY. Upon CITY' s request, CONSULTANT shall allow CITY to inspect all such documents during the CONSULTANT' s regular business hours. Documents, including drawings and specifications, prepared by CONSULTANT pursuant to this Agreement are not intended or represented to be suitable for reuse by CITY or others for this Project or on any other project. Any reuse of completed documents or use of partially completed documents without written verification or concurrence by CONSULTANT for the specific purpose intended will be at CITY's sole risk and without liability or legal exposure to CONSULTANT.
k) Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and
conditions.
I) Severability. The invalidity in whole or part of any provision of this Agreement shall not void or affect the validity of any other provision of this agreement. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
m) Status of CONSULTANT. In the exercise of rights and obligations underthis Agreement, CONSULTANT acts as an independent contractor and not as an agent or employee of CITY. CONSULTANT shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and CONSULTANT expressly waives any and all claims to such right and benefits.
n) Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
o) Time of the Essence. Time is of the essence of this Agreement and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday or any Day observed as a legal holiday by CITY, the time for performance shall be extended to the following Business Day.
Page 12 of 14
87 CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH CAROLLO FOR WELL 21 IMPROVEMENTS — CIP PW 08- 09
p) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
q) Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non- prevailing party.
r) The services to be performed by CONSULTANT are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT' s performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of CONSULTANT' s services hereunder.
21) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed.
22) Siqnatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
Page 13 of 14
88 CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH CAROLLO FOR WELL 21 IMPROVEMENTS — CIP PW 08- 09
Approved as to Form: City of Lathrop City Attorney
G L U Z -._
Salvador Navarrete Date
Recommended for Approval: City of Lathrop Public Works Director
Michael King Date
Approved by: City of Lathrop 390 Towne Centre Drive Lathrop, CA 95330
Stephen J. Salvatore Date City Manager
Consultant: Carollo Engineers, Inc. 2880 Gateway Oaks Drive, Suite 300 Sacramento, CA 95833
Fed I D # Business License # *" "''
Signature Date
Print Name and Title
Page 14 of 14
89 Exhibit A
EXHIBIT A. SCOPE OF SERVICES
CITY OF LATHROP CITY)
AND
CAROLLO ENGINEERS, INC. CONSULTANT)
WELL 21 RELOCATION PROJECT PROJECT)
PURPOSE OF PROJECT This Scope of Services is to define CONSULTANT' s scope, schedule, and budget for furnishing design services for the Well 21 Relocation Project. The project scope generally includes design of a new production well ( Well 21), groundwater treatment facility, one million gallon MG) potable water storage tank, booster pump station, and ancillary facilities. This scope of services comprises Phase 1 of the project( design services through bidding assistance). An amendment for Phase 2 ( engineering services during construction [ ESDC]) will be prepared following completion of Phase 1 tasks.
CONSULTANT' S SERVICES CONSULTANT will perform the following services under Phase 1:
Task 1: Project Coordination and Administration Task 2: Data Collection and Preliminary Design Task 3: Drinking Water Source Assessment and Protection ( DWSAP) Report Task 4: Detailed Design Task 5: Permitting and Funding Assistance Task 6: Bidding Assistance
TASK 1 — PROJECT COORDINATION AND ADMINISTRATION This task provides for the following:
Task 1. 1 Project Monitoring and Administration Maintain project coordination between CITY and CONSULTANT team members, including SUBCONSULTANTS. This task includes development of the QA/ QC plan and Project Guide, preparation of monthly status reports, internal team meetings, regular correspondence with team members, and review of work progress for quality and completion. Monthly status reports will include the following: Description of work completed in reporting period Percentage complete to date by task and subtask Schedule and budget status Deliverable status Key decisions and action items Potential project issues
pw:// Carollo/ Documents/ClientlCAlLathroplWell 211Contracts PBge 1 Of 8 February 24, 2020
90 Task 1. 2 Kickoff and Project Progress Meetings Monitor project schedule and budget on a continuous basis and prepare monthly invoices and progress reports for submittal to CITY.
This task includes one project kickoff meeting and three project progress meetings to convene with CITY staff and discuss review comments and key decision items. The kickoff meeting will be held shortly after Notice to Proceed. Project progress meetings are scheduled to occur after City review of the draft Preliminary Design Report, 60% design, and 90% design deliverable
milestones.
Task 1 Deliverables QA/ QC Plan and Project Guide Monthly invoices, project status reports, and schedule updates Meeting agendas and minutes Decision item, action item, and comment log updates
TASK 2 — DATA COLLECTION AND PRLIMINARY DESIGN This task provides for the following:
Task 2. 1 Data Collection and Review Available project data will be-collected and reviewed by CONSULTANT. This includes well construction details, hydrogeologic data, groundwater quality information, water distribution system data, San Joaquin County Environmental Health Department data, well drillers completion reports, and findings of previous work completed by SUBCONSULTANT. Available data will be used to inform the other work items under this task. This task also provides for delivery of a full topographic and boundary survey of both well sites.
Task 2. 2 Geotechnical Investigation SUBCONSULTANT will perform up to five soil borings as required to provide geotechnical recommendations for design of the new 1- MG storage tank. SUBCONSULTANT' s findings will be presented in a Geotechnical Report and supplemented with existing geotechnical data that SUBCONSULTANT has previously obtained in the immediate vicinity of the Well 21 site.
The Geotechnical Report will include an assessment of geologic and seismic hazards, site seismicity, analysis of total and differential settlement due to liquefaction and consolidation, site grading recommendations, and foundation design recommendations. Engineering characteristics of the additional soil samples will be evaluated by laboratory testing, including dry density, moisture content, gradation, unconfined compression, plasticity index, and consolidation testing as appropriate.
Task 2. 3 Comprehensive Site Investigation — Test Well SUBCONSULTANT will subcontract directly with a licensed C- 57 well driller to drill a test hole and construct a monitoring well at the selected site. SUBCONSULTANT will coordinate, oversee, and document all on- site activities. All work will be conducted under the supenrision of a California Professional Geologist. SUBCONSULTANT will develop a project specific health and safety plan that will address general safety procedures and potential hazards associated the drilling, construction, and testing of the test hole/ monitoring well.
pw:/ ICarollo/ Documents/Client\ CA1LathroplWell 211Contracts Page 2 of 8 February 24, 2020
91 SUBCONSULTANT will collect and describe lithologic samples at a minimum of every 10 feet of test hole drilled. The test hole will be converted into a monitoring well with multiple piezometers completed in zones likely to be targeted for production based on analysis of drill cuttings and geophysical sunreys. Each piezometer will be used to measure zone- specific water levels and to collect zone-specific water samples.. For scoping purposes, it is assumed that a 12. 25- inch- diameter test hole will be drilled to a depth of approximately 300 feet and a monitoring well with three piezometers will be constructed within the reamed test hole. :
The final monitoring well design will be prepared by SUBCONSULTANT based on site conditions, consultation with CITY representatives and staff, and compliance with San Joaquin County and California Department of Water Resources regulations. Drilling and construction activities will be conducted iVlonday through Friday during daylight hours only. The equipment used to drill the test hole and construct the monitoring well will include a direct rotary drill rig, shaker( drill fluid and cutting separator) and support vehicles. All fluids and cuttings generated during the drilling process will be fully contained by the well drilling subcontractor and removed at the conclusion of drilling and construction operations.
After the well is constructed and developed by the contractor, SUBCONSULTANT will collect water samples from each monitoring well for analysis. SUBCONSULTANT will submit water samples to a state-certified laboratory for analysis of general physical, general mineral, inorganics, metals, uranium, volatile organic compounds, and semi- volatile organic compounds.
SUBCONSULTANT will prepare and deliver to the CITY an Investigation Summary and Preliminary Well Design Report summarizing the findings of the site assessment and site characterization work. The report will include a summary of all field activities associated with test hole drilling,, monitoring well construction and development, and water quality testing; lithologic log based on interpretation of collected lithologic samples and geophysical logs; geophysical logs; grain size distribution charts of selected formation samples; monitoring well as- built diagram; daily inspection sheets; summary of water quality results and analytical reports; copies of all project permits; and the well completion report.
The report will also include a drafted preliminary well design profile and conceptual site layout with specifications for principal elements to achieve a hydraulically- efficient and sand- free well. Elements of the well design and yield estimation will be discussed in the report. An engineer' s estimate for construction and testing of the well will be included in the report.
The project team will meet with the City to discuss the results and findings of the test hole/ monitoring well investigation and new well design recommendations. SUBCONSULTANT will incorporate the City' s design comments into the final well design.
Task 2. 4 Comprehensive Site Investigation— Groundwater Modeling SUBCONSULTANT will use an existing groundwater model (e.g., Source Group) to assess potential pumping impacts from the new well site on the current groundwater flow regime, associated pumping effects on currently delineated contaminant plumes, and potential effects on other wells in the area. SUBCONSULTANT will work directly with the CITY( or a designated representative) to develop a proposed model approach and project scenario analysis. These will be used to estimate the impact of pumping from the potential new well site.
The methodologies, analyses, and results of the preceding tasks will be compiled into a Project Reconnaissance Assessment Report. Supporting documentation will be included as report
pw:// CarollolDocumentslClientlCAlLathroplWe11211Conhacts P8g@ 3 Of 8 February 24, 2020
92 appendices. The reconnaissance assessment report will be designed to support decisions by involved parties regarding whether a project feasibility analysis is warranted.
Task 2. 5 Well Siting Report SUBCONSULTANT will evaluate the existing Well 21 site and proposed alternate well site for constructability, operation, and maintenance of the new well. An initial hydrogeologic inuestigation will be prepared from the background data obtained in Task 2. 1. Key items to be assessed include site size, ingress/ egress routes, minimum setback distances per California Division of Drinking Water( DDW) regulations, seasonal ground conditions, distance to distribution system turnouts, water supply availability for well drilling operations, fluids disposal options, cuttings storage and disposal, sound attenuation requirements ( proximity to residences and businesses), operator safety and security, and real or potential surface contamination. Our present understanding of the key project elements and constraints suggests that locating the new Well 21 on the existing site is feasible.
SUBCONSULTANT will also evaluate which permits and notifications will be required for the site - exploratory work and well construction and testing. A destruction plan to abandon the existing Well 21 will be developed under this task and incorporated into the Well Drilling, Development, and Testing design package ( see Task 4).
The project team will prepare a.Well Siting Report summarizing the evaluation and discussing the potential well yield and water quality concerns based on the initial hydrogeologic investigation. The report will also discuss findings regarding constructability of a fully permitted municipal water supply well at the preferred location. The project team will meet with CITY staff to discuss the report and review findings and recommendations. A conceptual site plan, including the new storage tank, pump station; and related infrastructure. will also be developed for this meeting.
Task 2. 6 Preliminary Treatment Memorandum CONSULTANT will prepare a Preliminary Treatment Memorandum ( PTM) based on the findings of the Well Siting Report ( Task 2. 5) and the comprehensive site investigations ( Tasks 2. 3 and 2. 4). The PTM will provide recommendations for wellhead treatment based on the anticipated flows and contaminant loads from the conceptual hydrogeologic model or site- specific test well results as appropriate. For scoping purposes, CONSULTANT assumes that the treatment system will be designed for removal and. treatment of arsenic, nitrate, manganese, radionuclides, and PFAS. If the findings of Task 2. 5 indicate that treatment of one or more of the anticipated contaminants is not required due to zone screening or well depth, CONSULTANT will discuss options at a Treatment Workshop with CITY staff to determine the most cost- effective project solution.
Task 2. 7 Preliminary Design Report The PDR will serve as the foundation for final construction documents. The PDR will include findings and recommendations from the Well Siting Report and PTM. Storage tank and booster pump station design recommendations will be based on distribution system data determined from the hydraulic model furnished by the CITY. A draft PDR will be submitted for CITY review and then refined and resubmitted in final version following the PDR review meeting. All key decisions, action items, and responses to City comments will be tracked and submitted with the final PDR.
pw: pCarolloloocumentslClientlCAlLathroplWell 211Contracts P8g@ 4 Of 8 February 24, 2020
93 Task 2 Assumptions CITY will furnish all available reports and studies, including hydrogeologic data, groundwater quality information, water distribution system data, hydraulic model, and well reports. Distribution system data will be determined from previously developed hydraulic model scenarios only: Modeling of new improvement scenarios are excluded from this scope of work. All project improvements will occur within the existing V1/ ell 21 site or the planned Well 22 site. Design of off-site improvements or pipelines and treatment of other wells is excluded from this project.
CITY will provide booster pump station design criteria ( e. g., minimum distribution system pressure at booster. pump discharge connection) All deliverables will be provided in electronic format( PDF).
Task 2 Deliverables Draft and final Geotechnical Report' Investigation Summary and Preliminary Well Design Report ( Test Well) Project Reconnaissance Assessment- Report( Groundwater Modeling) Preliminary Treatment Memorandum Draft and final Preliminary Design Report ,
TASK 3 — DWSAP REPORT This task provides for the following:
Task 3. 1 Preliminary DWSAP Report SUBCONSULTANT will investigate potential sources of groundwater contamination at and in the vicinity of the proposed well site. SUBCONSULTANT will evaluate available information on possible sources of contamination and use this information and other references to address source water protection as required by the DWSAP program. A preliminary DWSAP Report will be submitted to the regulating agency for initial review and comment following completion of the Well Siting Report.
Task 3. 2 Final DWSAP Report Following receipt of comments on the preliminary DWSAP Report, a final DWSAP Report will be submitted to the regulating agency. Submittal of the final DWSAP Report is anticipated to be concurrent with submittal of the final PDR.
Task 3 Deliverables Preliminary and final DWSAP Report
TASK 4— DETAILED DESIGN This task provides for the following:
Task 4. 1 60% Plans, Specifications, and Estimate
CONSULTANT will develop 60% plans, specifications, and construction cost estimates for the Well 21 Relocation Project: The project is assumed to consist of the following basic elements: New production well ( Well 21). Groundwater treatment facility. One million gallon ( MG) potable water storage tank.
pw:/ ICarollolDocumentslClientlCAlLathrop1We11211Contracts P8g8 5 Of 8 February 24, 2020
94 Booster pump station. Abandonment of the existing Well 21 production facility. Ancillary site, civil, piping, and electrical improvements within the existing Well 21 site.
Two separate design packages a e assumed underthis task: Package 1: Well 21 Drilling, Development; and Testing. Package 2: Well Equipping, Treatment System,. Tank, and Pump Station.
This scope of work assumes that Package 1 will be completed first and advertised for bid such that the well drilling, development, and testing operations will be completed prior to completion of Package 2 design.
For Package 1, SUBCONSULTANT will prepare project specifications with detailed construction requirements that must be followed by the well drilling contractor during every phase of the project, including minimum acceptable methods for drilling fluid control, conditioning of the borehole for casing and gravel envelope installation, well development and testing, and perFormance standards. Other site- specific items will include requirements for containment and disposal of drill cuttings and handling of discharge water during development and test pumping in accordance with applicable local, state, and federal regulations.
For Package 2, CONSULTANT will design water treatment facility improvements for removal and treatment of arsenic, nitrate, manganese, radionuclides, and PFAS based on the findings and recommendations of Task 2.
All cost estimates will be prepared in accordance with AACE International guidelines. Following CITY review of the 60% design submittal, CONSULTANT will meet with CITY to solicit feedback, review comments, and discuss next steps.
Task 4. 2 90% Plans, Specifications, and Estimate
Following receipt of all CITY comments on the 60% design submittal, CONSULTANT will develop the 90% design submittal. All comments, decisions, and action items will be logged for record. CONSULTANT will provide a comments response log with the 90% design submittal for City review. Following CITY review of the 90% design submittal, CONSULTANT will meet with CITY to solicit feedback, review comments, and discuss next steps.
Task 4. 3 Bid Documents
Following receipt of all CITY comments on the 90% design submittal, CONSULTANT will develop the Bid Documents submittal. All comments, decisions, and action items will be logged for record. CONSULTANT will provide a comments response log with the Bid Documents submittal for City review.
Task 4 Deliverables
60% design submittal ( Packages 1 and 2) 90% design submittal ( Packages 1 and 2) Bid set submittal ( Packages 1 and 2)
Task 4 Assumptions All deliverables will be provided in electronic format( PDF). CITY comments will be compiled into a single document for CONSULTANT review.
pw:// Carollo/ DocumentslClientlCAlLathroplWell 211ConVacts P8g@ 6 Of 8 February 24, 2020
95 CITY front- end documents will be provided for CONSULTANT review and use. Well drilling, development, and testing will be submitted as a separate design package. Soils are assumed to be adequate for traditionally founded structures; deep foundations will not be required. Treatment facility design assumes that a sewer, system is or will be available to receive discharge; treatment systems evaluated will be package systems typical for the contaminants of concern on this project. CITY will provide distribution system hydraulic design criteria for pump station improvements. Existing on- site detention basin is sufficient for storage tank overFlow. and drainage. Design of new standby power generator is excluded from this task. New electrical improvements will be installed within the existing building. Booster pumping facilities will be installed outdoors. Design of a new building is excluded from this task.
TASK 5 — PERMITTING AND FUNDING ASSISTANCE This task provides for the following:
Task 5. 1 Permitting Services This task includes agency coordination and completion of necessary permits to return Well 21 to active senrice. Coordination with the SWRCB, DDW, and San Joaquin County Environmental Health Department related to permitting for drilling, construction, and testing of the new well is anticipated. The contractor selected to drill the production well will be responsible for procurement and administration of the drilling permit. SUBCONSULTANT will submit plans and applications and administer other permits as needed. This task assumes the City will responsible for payment of all filing fees.
Task 5. 2 Prepare Initial Study/ Mitigated Negative Declaration SUBCONSULTANT will prepare an Initial Study/ Mitigated Negative Declaration ( IS/ MND) for CEQA compliance. For scoping purposes, the IS/ MND effort is assumed to include: 1) attendance at one IS/ MND initiation meeting; 2) draft Project Description submittal to City for review and comment; 3) draft IS/ MND submittal to City for review and comment; 4) " screen check" IS/ MND submittal, including Mitigation Monitoring and Reporting Plan, circulated for public review; 5) preparation of materials and attendance at one public meeting; 6) preparation of a Response to Comments memo as an appendix to the IS/ MND; and 7) submittal of the CEQA Notice of Completion for the County Clerk and State Clearinghouse at the OfFice of Planning and Research.
This task assumes that, upon adoption of the MND, the CITY will file a Notice of Determination with the State Clearinghouse. This task assumes that the Notice of Determination will be filed concurrently with circulation of the IS/ MND for public review. This task assumes the CITY will responsible for payment of all filing fees.
Task 5. 3 Funding Assistance CONSULTANT will work with the CITY to identify project funding options for the Project. This effort will include Funding Assistance Workshop to discuss current funding options available, funding program requirements, application processes and timelines, and CITY experiences. For scoping purposes, this task assumes fifty ( 50) staff hours for funding assistance review and coordination.
PBge 7 of 8 pw: llCarollo/ Documents/ClienflCAlLathrop\ well 211Contracts February 24, 2020
96 Task 5 Deliverables
Draft and final IS/ MND.
Task 5 Assumptions Eighty ( 80) staff hours, including two meetings with agency leads in the Sacramento or Lathrop areas, are assumed for Task 5. 1. Fifty ( 50) staff hours, including one meeting with City staff, are assumed for Task 5. 3.
TASK 6 — BIDDING ASSISTANCE This task provides for the following:
Task 6. 1 Attend Pre- Bid Conference CONSULTANT' s Project Manager or Project Engineer will attend the pre- bid conference as scheduled by the CITY and note any questions for later response by addendum.
Task 6. 2 Prepare Addenda CONSULTANT will prepare addenda in response to questions received by the CITY in writing. CONSULTANT will submit the addenda to the CITY directly for distribution to prospective bidders.
Task 6. 3 Bid Tab Analysis CONSULTANT will review the submitted contractor bids and prepare a bid tab evaluation for the CITY.
Task 6 Assumpti' ons Up to two addenda are assumed under this task. CITY will receive written questions from prospective bidders and provide to Carollo for
response. CITY will distribute addenda to prospective bidders.
TIME OF PERFORMANCE . CONSULTANT will perform the scope of services over an assumed 18- month Phase 1 duration. A preliminary milestone schedule is provided in EXHIBIT B.
PAYMENT. Payment to the CONSULTANT for services performed under this Agreement shall be based on the attached fee proposal ( EXHIBIT C) on a time and materials basis. The not-to- exceed cost limit to the CONSULTANT' s services shall be $ 805, 684:
pw:// CarollolDocuments/ ClientlCAlLathrop1We11211Contracts P8g@ 8 Of 8 February 24, 2020
97 EXHIBIT B
CITY OF LATHROP WELL 21 RELOCATION, TREATMENT, TANK, AND PUMP STATION PROJECT MILESTONE SCHEDULE
Task Description Start Date End( Milestone)
TASK 1- PROJECT COORDINATION AND ADMINISTRATION
Notice to Proceed 3/ 23/ 20
Kickoff Meeting 3/ 30/ 20
TASK 2- DATA COLLECTION AND PRELIMINARY DESIGN
Data Collection and Review 3/ 30/ 20 4/ 24/ 20
Comprehensive Site Investigation- Test Well 5/ 11/ 20 6/ 19/ 20
Comprehensive Site Investigation- GW Model 6/ 22/ 20 7/ 17/ 20
Geotechnicallnvestigation 4/ 6/ 20 5/ 29/ 20
Prepare Preliminary Treatment Memorandum( PTM) 7/ 6/ 20 7/ 31/ 20
Complete Well Siting Report 7/ 20/ 20 8/ 14/ 20
Prepare Draft PDR S/ 17/ 20 9/ 11/ 20
Prepare Final. PDR 10/ 5/ 20 10/ 30/ 20
TASK 3- DWSAP REPORT
Preliminary DWSAP Report 6/ 22/ 20 , ' , 7/ 17/ 20
Final DWSAP Report 11/ 2/ 20 11/ 20/ 20
TASK 4- DETAILED DESIGN
Prepare 60% Plans, Specs, and Estimate 11/ 2/ 20 1/ 22/ 21
Prepare 90% Plans, Specs, and Estimate 2/ 15/ 21 4/ 9/ 21
Prepare Bid Set Plans, Specs, and Estimate 5/ 3/ 21 5/ 28/ 21
TASK 5- PERMITTING AND FUNDING ASSISTANCE
PermittingServices 11/ 2/ 20 4/ 16/ 21
Prepare IS/ MND 11/ 2/ 20 2/ 19/ 21
Funding Assistance 9/ 14/ 20 11/ 6/ 20
TASK 6- BIDDING ASSISTANCE Z
Advertise Production Weil for Bid 10/ 5/ 20
Bid Date for P[ oduction Well Project 10/ 30/ 20
Advertise TanklTreatmenUPS Project for Bid 6/ 21/ 21
Bid Date for Tank/ TreatmenUPS Project 7/ 16/ 21
Bid Tab Analysis for Tank/ TreatmenUPS Project 7/ 19/ 21 7/ 29/ 21
Notes:
Schedule assumes City review of deliverables will be completed within 2 weeks of submittal; a review meeting will be held during the 3rd week after each submittal.
Z 4- week bid period assumed for both the Production Well and TanklTreatmenUPS Projects; dependent on City
procurement schedule.
98 EXHIBIT C r! CITY OF LATHROP Engineers... WorkingWanders wth wa e WELL 21 RELOCATION, GROUNDWATER TREATMENT FACILITY, 7- MG STORAGE TANK, AND PUMP STATION. FEE PROPOSAL neno: o
Ce II En9nee a. lnc. l IiM1EoM, d5. 1. in C IHn9Eng rs, p.__,_..____,_,?_
PROJECT
TOTRL
Task TaskOescrl Im
1 Pm eclCoorUlna[ IonenEpOmlNatrellon 5 - b - 5 - E ]. J) e 8 E 8. 118 S ] 3e S d " ' - - - " 4 5 eC0 5 - S - S 4 5 - 1. 1 Plojem MonXotlng entl AEminisbetion 3 14 S 3 1i3 C0 11098 Si2 20 30 S < 3 S S 500 5 4100 S S S • 12 I4tlioiladP jadProgre¢¢ Mealings ] 13 3 18 13 " " " " - H S S f Y_. 7U 11.] i f0 8W Z'"" _- ':' ' . 2t f 8010 i ., f_ 600 S_.< WO E._ t-.,. " 1. 3 -' : i+Z]# 8 TA KITOTIIL l 1P . 2 0 i2 - - ._.,. -._ - . -. S f ! f E. T.. Ap. • v .. a p 7 . > _.....____...... _...... _._.__>,._... _ ...... _ 3 paGCoOectlonaMPrtllMnaryOe l9 S. WO 4 .. 3, Boa B x< " " ' " < 0 E ]. deu E - S ] W S T. 68o 5 - 5 - S - S R.986 3. 1 DataCo ec9onentlReviaw 2 B - - B " - " 18 S 5 S S - S - 9i. 180 5 - - - • - - - - - 3 • E - S - 5 • S - E ae. 0o0 S' x3 OeotechniWlnvestgation 8 . _ _ 13 5 2p] a S 158 100 0 18 130 00 ._ _ - 100 E 31, TfiU S '/ 0, 500 5 8, 000 5 11], 380 E - E - f - S - S 1] 8.950 d. CompcSileimes gation- Tec1VJe1 8 - < 8 - - • - - • 20 5 5, 1M S f 12 - 3 - - . d4 E T, TlB S - S S 1. 9T8 S - E - S - f - E 12.680 . 2A Compr. SXetmestyalion- GWMotld " e " 3 " ' " 14 5 ].] 2< S 182 S 35$] d 11 38 34 < 0 - • - 11] 5 20, 640 $ - S 000 E 31, 000 5 - E - S - S • S ' 5 N§ IStlinORepo 1 8 . _ 10 5 1, 300 S 1 0 S S. •:.`+ 0 b.] 00 t.] 88 100 - ' - " - ' " - S " S " S "_ ' S " S " s "$ " t.e Pretirtd aryTmatmentMemorendum - 30 0 8 6U 3 - - 8 138 S S S E - S S 3590 S , S 559] fi ] 2 13 100 S 21, 24i 5 1. 300 S 2W - " ' - S - S - E, • 21 9nRepo B 8 10 3d 2 S " e " Pre4rmnarv W. _—_..._ __ _ _.__ t-..._...,.. . a. .v _._ .. _ . s _ ..__._. .... 47688 1<, 800 i WO i 1M. f88 L - f , i ], 690 S a% 8 80 '^ ., - . f0 ] 10 t 8!.] W f , f t00 ] T3, 18E 111 T6 f E f TqlK1TOTFL N tl 38 i1i 2 e ___. _ .._...,..__. . _ . . e._...,_ _.__.... ,...... -..__ ._...__ ,__ _.__ .... .' "" _. .._ u • n. ,. .__.___ ...._.. ._._ .. m_.. _ n._._. .. __,.. _.._, .__ .. ._.._,._ 1. OW3AP Reporl 3 2 ... 3 - 3C . ^ 20 S S. dtO S . 5 200 5 SY10 S . E - f - j - 5 ' ].% 1 PrelimireryDWSAPRepan 2 10 5 2. 090 E 130. 5 - ' 1513 1 1 18 _ 18 4 3, 210 S - 5_ 2W S . 110 E S - S - S_ - 5' 2 4 10 52 S - m Y. Z F elONSAPRepo 2 - - - - - S ] S 4._ ...___" _.-__ _..._.. _ " _ ...... -..._... __' i. f ' ,.. Y2.{ 5 1t' BOD 182 1.. . ,'_ ..+.• _ i 9 S3U f}-_.- - S _ MO f, 8 890 S S 8 .- TASK] TOTAL e . . -.. " - '' .... - . S ]. S f' '- " v r _." __.....>.__..._.....M...__..- n .__ _ ._. _ u_ _ __ , ,.-.. _ a..._...._. . .._ ,.. _.._ .. .__ ...... _-_ ,. Y ._ _... ; -. ,. ._ .. _-.« .-..-_,. :.._,-,-,..__ _ _ . e oe' aTxa oesiqn aao sau S 1T. 530 S _ se xts xa nz tn2ae s, zss z z iz tz xe s + aea s - S s <. S - s - s.. nVeo a. i eow s s w e aey e - na iz ao uo za eo z E s S e - - is z, e a 3 - s w S 3, tzo S - s - s o, stz s - s f v. soa iz zo ioo + e ae ss ae iaa xa ez S ae. z z s e, zss f + z e - s a. z so avm, sp« a, ameu a - u 00a s ss. aas aoo z a za - - sn s s, no S s too aaxo S S s , s - aa' auo« m za s u u s za az zo s iz za s aesis s . m s s u ^ Ta. ei . S t] s6a 3 f . I60 f ts, 000 S' - f f ] s.uU s rouL , .. - ae ao. ' n m - 62 15i: 1so tt2 tT! eo t,. t8 S' 85. ex f te. est f 40o a tf r__.r sK ..... u u _.._.. ._ _ '_ `_ __" ._ s...-:.....__..._...-..__.. _....,._. ._ .»..._._...____ ._ ... ' ". ".'_. ..._ ....,.- -...... _:_.. .
9 Pe mlNngoiMFumm gAsalAance E - E : 2 ifi - " - " 19 5 3p10 5 - S - S 3. d10 E - S - S - l'l, 828 5. 1 PemJtlln9Sarvces B - 8 12 " ' 3f - " 1 61 S 13. OB5 E l9] S 300 1 S. Z4; 182. 39 5 - S . E - E b']. 000 S - S - S - 51 Pmpareln' Na15Wdyrt. 1NO - '" " " t 18 0 . - 48 5 S. BN E ] S " " " " ' - ' ' _ " 113fU 3 S S S • S. 5 ' 2 0 50 5 10. fi60 E " ' " - S " S ' 3 53 FunE ng Ns ta w 9U " " - ' " S rt- - OJ, 9 21 . 3U0 3 16 19 S F10 f ' t i Jp10 f. 3], 000 S,.. - f ._." S^ § ".;: TASKBTOTAL B ...'. 1] .- .-• - C .. . . . -. ' B ` 1] 1 f , G 1. 981 f v 6{ BItlEi' p Asslstanc 1,] 00 S 100 S 1. 300 S - f - S - S - S .. `+ 2 4 ------d E 920 E 52 4 100 - 6 - - - - - YB S S - 41 Atlentl PrrBitl Canlennce 1250 S 1.] 20 5 - S " 1B, 63i . B fi6 $ 12, 512 8`+3 e - - - - - 8 S 1, 3U0 5 - 5 50 S 4 - S - 62 PrepareAddentle d - 6 18 - - 16 - 18 S S - 800 S - S - S - 5 5 . 1. T68 2 - " " ? S & t8 5 52 9 S S - S - e. l BdTabMalryn. ... Z - ' s..,.. _ . . . ._...... " ' . _... .. E v._ . _ 5 - - ... _ e...... _.
100 18 16 S . 100 f - S: 190 S ,' S • 3 - f , 3 - 5„'. TASKBTOTAI d 8 12 18 1B < B . ` Tt S t/, Z88 ! 62 S
1sz 50 tbe 298 11]. CEB 101 3, 06 S d H, 866 66B f t, 60a 61 105 ] 68, 11t; 20' • • 56]. f 101, 086 S: 10,600` S 8,300 f 183,Befi f 62,000 f 6,000 S ? 9, 360 f 5000 a 845b84 PHASE°1 PROJECTTOTAL > , a tsa as 69fi 228, A2M: Pw. Ik.11
i E, .. . e . s
Notas: Pro ect EQuipmeM antl Communlea[ bn Ecpenm. Fkltl aervices for test v.ep dnAing antl geotechnial borinps induda prevaiing vsgas entl oeRfifetl payml in ecwNance xith k W, state, enC fetleral Wvn.
Vmpossl l/ 1
99 1TeA -YR $ . € CAROLLO ENGINEERS, INC. FEE SCHEDULE.
As of January 1, 2020 California
Hourlv Rate .
Engineers/ Scientists
Assistant Professional 188. 00
Professional 230. 00
Project Professional 273. 00
Lead Project Professional 293. 00
Senior Professional 298. 00
Technicians
Technicians 142. 00
Senior Technicians 198. 00
Support Staff,
Document Processing / Clerical 125. 00
Project Equipment Communication Expense 13. 00 PECE) Per DL Hour
Other Direct Expenses
Travel and Subsistence at cost
Mileage at IRS Reimbursement Rate 58 per mile Effective January 1, 2019
Subconsultant cost+ 10%
Other Direct Cost cost+ 10%
This fee schedule is subject to annual revisions due to labor adjustments.
100 ITEM 4. 8 CITY MANAGER' S REPORT MARCH 9, 2020, CITY COUNCIL REGULAR MEETING
ITEM: APPROVE MASTER AND PROGRAM SUPPLEMENT AGREEMENTS WITH CALTRANS FOR CONSTRUCTION OF A TRAFFIC SIGNAL AT GOLDEN VALLEY PARKWAY AND SPARTAN WAY FOR CIP PS 18- 03
RECOMMENDATION: Adopt Resolution Approving Master and Program Supplement Agreements with Caltrans for the Construction of a Traffic Signal at Golden Valley Parkway and Lathrop Road/ Spartan Way for CIP PS 18- 03
SUMMARY:
The California Department of Transportation ( Caltrans) requires the execution of a
Master Agreement for Federal- Aid projects ( Master Agreement) to be eligible to receive federal funds. The City of Lathrop has signed a master agreement with Caltrans. Caltrans also requires the execution of a Program Supplement Agreement PSA) that is specific to each Federal- Aid project that must be executed prior to the City requesting reimburseme nt of federal funds.
In January 2020, Caltrans notified the City of revisions to the Master Agreement in placed due to various changes in regulations and policies. Caltrans has requested that the City execute a new Master Agreement No. 10- 5456F15 ( Attachment B) and PSA No. F010 ( Attachment C) for construction of a traffic signal at Golden Valley Parkway and Lathrop Road/ Spartan Way Capital Improvement Project ( CIP) PS 18- 03 ( Project).
Staff recommends that City Council approve Master Agreement No. 10- 5456F15 and Program Supplement Agreement No. F010 with Caltrans. •
BACKGROUND:
In 2016, the City applied for federal funding under the Congestion Mitigation and Air Quality Improvement ( CMAQ) Program and received authorization of funds in the amount of $ 400, 000 to construct a new traffic signal at the intersection of Golden Valley Parkway and Lathrop Road/ Spartan Way.
In June 2017, City Council adopted the budget for FY 2017/ 18 and 2018/ 19 approving the creation of Traffic Signal at Golden Valley Parkway and Lathrop Road/ Spartan Way Capital Improvement Project ( CIP) PS 18- 03. The Project will construct a traffic signal at the intersection of Golden Valley Parkway and Lathrop Road/ Spartan Way including curb ramps, slurry seal and traffic striping. The CMAQ funding will support construction of the improvements.
101 CITY MANAGER' S REPORT PAGE 2 MARCH 9, 2020, CITY COUNCIL REGULAR MEETING APPROVE MASTER AND PROGRAM SUPPLEMENT AGREEMENTS WITH CALTRANS FOR CIP PS 18- 03
In ] anuary 2020, Caltrans notified the City of revisions to the Master Agreement in placed due to various changes in regulations and policies and, hence, the need to execute a new Master Agreement No. 10- 5456F15 ( Attachment B). In addition, PSA No. FO10, in the amount of $ 400, 000, is required to be executed by the City in order to request reimbursement of federal funds for the project ( Attachment C).
REASON FOR RECOMMENDATION:
Caltrans requires all local agencies to maintain a valid Master Agreement and to execute a project- specific PSA to be eligible for reimbursement of project costs with federal funds.
FISCAL IMPACT:
Staff requests that City Council approve Master Agreement No. 10- 5456F15 and Program Supplement Agreement No. F010 with Caltrans. Staff cannot request reimbursement of funds for the Project until an authorized representative of the City has signed the Master Agreement and the PSA.
ATTACHMENTS:
A. Resolution Approving Master and Program Supplement Agreements with Caltrans for the Construction of a Traffic Signal at Golden Valley Parkway and Lathrop Road/ Spartan Way for CIP PS 18- 03
B. Master Agreement Administering Agency- State Agreement for Federal- Aid Projects - Agreement No. 10- 5456F15
C. Program Supplement Agreement No. F010 to Administering Agency- State Agreement for Federal- Aid Projects No. 10- 5456F15
102 CITY MANAGER' S REPORT PAGE 3 MARCH 9, 2020, CITY COUNCIL REGULAR MEETING APPROVE MASTER AND PROGRAM SUPPLEMENT AGREEMENTS WITH CALTRANS FOR CIP PS 18- 03
APPROVALS
3- 3' 2 Jay avi o Date Principal Engineer
3- 3- ZvZD Michael King Date Public Works Director
3 y a Cari Jam Date Finance Administrative Services irector
Z- z. z c
Salvador Navarrete Date City Attorney
3 1- Ze O
en J. Salvatore Date City Manager
103 ItESO LUTIOI` I IV O. 20-
l4 RESOLUTION OF THE CITY COIJNCIL OF THE CITY O L 1TI-IROP i4PPFtOiOYIVG MASTEI AND PROCRANI SUPPLEMEIVT A C; REEMEIlITS WITFI Ca4LTRa4NS FOR THIE CONSTRUCTION OF A TRAFFIC SIGIVAL AT GOLDEN 03 VALLEY PA{tIClNAY AND LATHIZOP ROAD/ SP 412TAM WAY FOR CIP PS 1-
WH REAS, in 2016, the City applied for federal funding under the Congestion Mitigation and Air Quality Improvement ( CMAQ) Program and received
authorization of funds in the amount of $ 400, 000 to construct a new traffic signal at the intersection of Golden Valley Parkway and Lathrop Road/ Spartan Way; and
WHERE/ S, in June 20'17, City Council adopted the budget for FY 2017/ 18 and 2018/ 19 approving the creation of Traffic Signal at Golden Valley Parkway and Lathrop Road/ Spartan Way Capital Improvement Project ( CIP) PS 18- 03; and
1A/ HERE S, the project will construct a traffic signal at the intersection of Golden Valley Parkway and Lathrop Road/ Spartan Way including curb ramps, slurry seal and traffic striping; and
WIiEREAS, the California Department of Transportation ( Caltrans) requires
the execution of a Master Agreement for Federal- Aid projects ( Master Agreement) to be eligible to receive federal funds, and the City of Lathrop is currently bound to Caltrans by such an agreement; and
WHERE 15, Caltrans also requires the execution of a Program Supplement Agreement ( PSA) that is specific to each Federal-, 4id project that must be executed prior to the City requesting reimbursement of federal funds; and
WMEREi iS, Caltrans has requested that the City execute a new Master Agreement No. 10- 5456F15 due to various changes in regulations and policies; and
WHEFtEAS, Caltrans has also requested that the City execute PSA No. F010 for Traffic Signal at Golden Valley Parkway and Lathrop Road/ Spartan Way CIP PS 18- 03 in order for the City to request reimbursement of federal funds; and
WHEREAS, staff requests that City Council approve the Master Agreement No. 10- 5456F15 and Program Supplement Agreement No. F010 with Caltrans.
IVOVU, THEItEFORE, E IT IZE OL/ ED, that the City Council of the City of Program Lathrop hereby approves Master Agreement No. 10- 5456F15 and Supplement Agreement No. F010 for Traffic Signal at Golden Valley Parkway and Lathrop Road/ Spartan Way for CIP PS 18- 03e
104 9t" The foregoing resolution was passed and adopted this day of March 2020, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny D.haliwal, Mayor
ATTEST: APPROVED / S TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
105 i
R, . . Attachment B MASTER AGREEMENT i ADMINISTERING AGENCY- STATE AGREEMENT FOR FEDERAL- AID PROJECTS
10 City of Lathrop
District Administering Agency
Agreement No. 10- 5456F15
This AGREEMENT, is entered into effective this day of 20 , by and between City of Lathrop, hereinafter referred to as " ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation ( Caltrans), hereinafter referred to as " STATE", and together referred to as " PARTIES" or. individually as a " PARTY."
RECITALS:
1. WHEREAS, the Congress of the United States , has enacted the Intermodal Surface Transportation Efficiency Act ( ISTEA) of 1991 and subsequent Transportation Authorization Bills to fund transportation programs; and
2. WHEREAS, the Legislature of the State of California has' enacted legislation by which certain federal- aid funds_may be made- available for use on. local transportation related projects of public entities qualified to act as recipients of these federal- aid funds in accordance with the intent of federal law; and
3. WHEREAS, before federal funds will be made available for a specific program project, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving federal funds for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility.
NOW, THEREFORE, the PARTIES agree as follows:
Page 1 of 26
106 s
ARTICLE I - PROJECT ADMINISTRATION
1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project- specific " Authorization/ Agreement Summary", herein referred to as " E- 76" document, is approved by STATE and the Federal Highway Administration ( FHWA).
2. The term " PROJECT", as used herein, means that authorized transportation related project and related activities financed in part with federal- aid funds as more fully- described in an Authorization/ Agreement Summary" or " Amendment/ Modification Summary", herein referred to as " E- 76" or " E- 76 ( AMOD)" document authorized by STATE and the Federal Highway Administration ( FHWA).
3. The E- 76/ E- 76 (AMOD) shall designate the party responsible for implementing PROJECT, type of work and location of PROJECT.
4. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive federal- aid funds from/ through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these federal funds that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/ or others. Execution of., PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all of the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by. STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the _ _ governing body of ADMINISTERING AGENCY.
5. ADMINISTERING AGENCY agrees to execute and return each project- specific PROGRAM SUPPLEMENT within ninety ( 90) days of receipt. The PARTIES agree that STATE may suspend future authorizations/ obligations and invoice payments for any on- going or future federal- aid project performed by ADMINISTERING AGENCY if any project- specific PROGRAM SUPPLEMENT is not returned within that ninety ( 90) day period unless otherwise agreed by STATE in writing. ,
6. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of federal funds encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all of the agreed- upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/ Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT.
7. Federal, state and matching funds will not participate in PROJECT work performed in advance of the approval of the E- 76 or E- 76 ( AMOD), unless otherwise stated in the executed project- specific PROGRAM SUPPLEMENT. ADMINISTERING AGENCY agrees that it will only proceed with the work authorized for that specific phase( s) on the project- specific E- 76 or E- 76 ( AMOD). ADMINISTERING AGENCY further agrees to not proceed with future phases of PROJECT prior to receiving an E- 76 ( AMOD) from STATE for that phase( s) unless no further federal funds are needed or for those future phase( s).
Page 2 of 26
107 t 8. That PROJECT or portions thereof, must be included in a federally approved Federal Statewide Transportation Improvement Program ( FSTIP) prior to ADMINISTERING AGENCY submitting the Request for Authorization".
9. ADMINISTERING AGENCY shall conform . to all state statutes, regulations and procedures including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as " LOCAL ASSISTANCE PROCEDURES") relating to the federal- aid program, all Title 23 Code of Federal Regulation ( CFR) and 2 CFR part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project- specific PROGRAM SUPPLEMENT.
10. If PROJECT is not on STATE- owned right of way, PROJECT shall be constructed in accordance with LOCAL ASSISTANCE PROCEDURES that describes minimum statewide design standards for local agency streets and roads. LOCAL ASSISTANCE PROCEDURES for projects . off the National Highway System ( NHS) allow STATE to accept either the STATE' s minimum statewide design standards or the approved geometric design standards of ADMINISTERING AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY- approved standard specifications, standard plans, materials sampling. and testing - quality assurance programs that meet the conditions described in the then current LOCAL ASSISTANCE PROCEDIJRES.
11. If PROJECT involves work within or partially within STATE- owned right- of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project. Development Procedures Manual and Highway Design Manual and, where appropriate, an executed Cooperative Agreement between STATE and ADMINISTERING AGENCY# hat outlines the PROJECT responsibilities and respective obligations of the' PARTIES. ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights of way or work which affects STATE facilities.
12. When PROJECT is not on the State Highway System but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract.
13. If PROJECT is using STATE funds, the Department of' General Services, Division of the State Architect, or its designee, shall review the contract PS& E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. ADMINISTERING AGENCY shall not award a PROJECT construction contract for these types of improvements until the State Architect has issued written approval stating that the PROJECT plans and specifications comply with the provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Code of Regulations.
14. ADMINISTERING AGENCY will advertise, award and administer PROJECT in accordance with the current LOCAL ASSISTANCE PROCEDURES unless otherwise stated in the executed project- specific PROGRAM SUPPLEMENT.
Page 3 of 26
108 15. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. While consultants may perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer, ADMINISTERING AGENCY shall provide a full-time employee to be in responsible charge of each PROJECT who is not a consultant.
16. ADMINISTERING AGENCY shall submit PROJECT- specific contract award documents to STATE' s District Local Assistance Engineer within sixty ( 60) days after contract award. A copy of the award documents shall also be included with the submittal of the first invoice for a construction contract by ADMINISTERING AGENCY.
17. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a " Report of Expenditures" within one hundred eighty ( 180) days of PROJECI" completion. Failure by ADMINISTERING AGENCY to submit a " Report of Expenditures" within one hundred eighty 180) days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LOCAL ASSISTANCE PROCEDURES.
18. ADMINISTERING AGENCY shall comply with: ( i) section 504 of the Rehabilitation Act of 1973 which prohibits discrirnination on the basis of disability in federally assisted programs; ( ii) the Americans with Disabilities Act ( ADA) of 1990 which prohibits discrimination on the basis of disability irrespective of funding; and ( iii) all applicable regulations and guidelines issued pursuant to both the Rehabilitation Act and the ADA.
19. The Congress of the United States, the Legislature of the State of California and the Governor of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with r.espect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM ( Exhibit A aftached hereto) and the NONDISCRIMINATION ASSURANCES ( Exhibit B attached hereto). ADMINISTERING AGENCY further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of PROJECT- related work shall incorporate Exhibits A and B ( with third party' s name replacing ADMINISTERING AGENCY) as essential parts of such agreerrient to be enforced by tfiat third party as verified by ADMINISTERING AGENCY.
Page 4 of 26
109 ARTICLE II - RIGHTS OF WAY
1. No contract for the construction of a federal- aid PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJEGT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights of way are available for construction purposes or will be available by the time of award of the construction contract.
2. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right of way for a PROJECT, including, but not limited to, being clear as certified or if said right of way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. The furnishing of right of way as provided for herein includes, in addition to all real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of relocation costs and damages to remainder real property not actually taken but injuriously affected by PROJECT. ADMINISTERING AGENCY shall pay, from its own non- matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights of way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work.
3. Subject to STATE approval and such supervision as is required by LOCAL ASSISTANCE PROCEDURES over ADMINISTERING AGENCY' s right of way acquisition procedures, ADMINISTERING AGENCY may claim reimbursement from federal funds for expenditures incurred in purchasing only the necessary rights of way needed for the PROJECT after crediting FROJECT with the fair market value of any excess property retained and .not disposed of by ADMINISTERING AGENCY.
4. When real property rights are to be acquired by ADMINISTERING AGENCY for a PROJECT, said ADMINISTERING AGENCY must carry out that acquisition in compliance with all applicable State and Federal laws and regulations, in accordance with State procedures as published in State' s current LOCAL ASSISTANCE PROCEDURES and STATE' s Right- of-Way Manual, subject to STATE oversight to ensure that the completed work is acceptable under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
5. Whether or not federal- aid is to be requested for right of way, should ADMINISTERING AGENCY, in acquiring right of way for PROJECT, displace an individual, family, business, farm operation, or non- profit organization, relocation payments and services will be provided as set forth in 49 CFR, Part 24. The public will be adequately informed of the relocation payments and services which will be available, and, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from his/ her dwelling or to move his/ her business or farm operation without at least ninety ( 90) days written notice from ADMINISTERING AGENCY. ADMINISTERING AGENCY will provide STATE with specific assurances, on each portion of the PROJECT, that no person will be displaced until comparable decent, safe and sanitary replacement housing is available within a reasonable period of time prior to displacement, and that ADMINISTERING AGENCY' s relocation program is realistic and adequate to provide orderly, timely and efficient relocation of PROJECT-displaced persons as provided in 49 CFR, Part 24.
Page 5 of 26
110 6. ADMINISTERIfVG AGENCY shall, along with recording the deed or instrument evidencing title in the name of the ADMINISTERING AGENCY or their assignee, also record an Agreement Declaring Restrictive Covenants ( ADRC) as a separate document incorporating the assurances included within Exhibits A and B and Appendices A, B, C and D of this AGREEMENT, as appropriate.
Page 6 of 26
111 ARTICLE III - MAINTENANCE AND MANAGEMENT
1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer. this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity.
2. Upon ADMINISTERING AGENCY' s acceptance of the completed federal- aid construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and FFiWA and if P.ROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement( s) befinieen itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements : are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE and FHWA. If, within ninety ( 90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily: remedied. the conditions complained of, fihe . approval of future federal- aid. projects of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE and FHWA. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE' s concurrence.
3. PROJECT and its facilities shall be rnaintainetl by an adequate antl well- trained staff of engineers and/ or such other professionals and technicians as PROJECT reasonably requires. Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements.
Page 7 of 26
112 ARTICLE IV- FISCAL PROVISIONS
1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission ( CTC).
2. STATE' S financial commitment of federal funds will occur only upon the execution of this AGREEMENT, the authorization of the project-specific E- 76 or E- 76 ( AMOD), the execution of each project- specific PROGRAM SUPPLEMENT, and STATE' s approved finance letter.
3. ADMINISTERING AGENCY may submit signed invoices in arrears for reimbursement of participating PROJECT costs on a regular basis once the project- specific PROGRAM SUPPLEMENT has been executed by STATE.
4. ADMINISTERING AGENCY agrees, at a minimum, to submit invoices at least once every six 6) months commencing after the funds are encumbered on either the project- specific PROGRAM SUPPLEMENT or through a project- specific finance letter approved by STATE. STATE reserves the right to suspend future authorizations/ obligations, and invoice payments for any on- going or future federal- aid project by ADMINISTERING AGENCY if PROJECT' costs have not been invoiced by ADMINISTERING AGENCY for a six ( 6) month period.
5. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.
6. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by AD.MINISTERING ' AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency' s progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractorS, andlor a computerized summary of PROJECT costs.
7. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursement of actual allowable PROJECT costs already incurred and paid for by ADMINISTERING AGENCY.
8. Indirect Cost Allocation Plans/ Indirect Cost Rate Proposals ( ICAP/ ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE ( Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ ICRP approval procedures established by STATE.
9. Once PROJECT has been awarded, STATE reserves the right to de- obligate any excess federal funds from the. construction phase of PROJECT if the contract award amount is less than the obligated amount; as shown on the PROJECT E- 76 or E- 76 ( AMOD).
10. STATE will withhold the greater of either two ( 2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $ 40, 000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.
Page 8 of 26
113 11. The estimated total cost of PROJECT, the amount of federal funds obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES hereto with a finance letter, a detailed estimate, if required, and approved E- 76 ( AMOD). Federal- aid funding may be increased to cover PROJECT cost increases only if such funds are available and FHWA concurs with that increase.
12. When additional federal- aid funds are not available, ADMINISTERING AGENCY agrees that the payment of federal funds will be limited to the amounts authorized on the PROJECT specific E- 76 / E- 76 ( AMOD) and agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY' s own funds.
13. ADMINISTERING AGENCY shall use its own non- federal funds to finance the local share of eligible costs and all expenditures or contract items ruled ineligible for financing with federal funds. STATE shall make the determination of ADMINISTERING AGENCY' s cost eligibility for federal fund financing of PROJECT costs.
14. ADMINISTERING AGENGY will reimburse STATE for. Sl"ATE' s share of costs for work performed by STATE at the request of ADMINISTERING AGENCY: STATE' s costs shall include overhead assessments in accordance with section 8755. 1 of the State Administrative Manual..
15. Federal and state funds allocated from the State Transportation Improvement Program ( STIP) are subject to the timely use of funds provisions enacted by Senate Bill 45, approved in 1997, and subsequent STIP Guidelines and State procedures approved by the CTC antl STAT'E.
16. Federal funds encumbered for PROJECT are available for liquidation for a period of six ( 6) years from the beginning of the State fiscal year the funds were appropriated in the State Budget. State funds encumbered for PROJECT are available for liquidation only for six ( 6) years from the beginning of the State fiscal year the funds were appropriated in the State Budget. Federal or state funds not liquidated within- these periods will be reverted' unless a Cooperative 1NorK Agreement ( CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance ( per Government Code section 16304). The exact date of fund reversion will be reflected in the STATE signed finance letter for PROJECT.
17. Payments to ADMINISTERING AGENCY for PROJECT- related travel and subsistence ( per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid. rank and file STATE employees under current State Department of Personnel Administration DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice.
18. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.
19. ADMINISTERING AGENCY agrees, and will ensure that its contractors and subcontractors will be obligated to agree, that Contract Cost . Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items.
Page 9 of 26
114 r
20. Every sub- recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public
Contract Code ( PCC) 10300- 10334 ( procurement of goods), PCC 10335- 10381 ( non- A& E services), and other applicable STATE and FEDERAL regulations.
21. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.
22. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided hereunder or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty 30 days of demand, or within such other period as may be agreed to in writing between the PARTIES, STATE, acting through the State Controller, the State Treasurer, or any other public entity or agency, may withhold or demand a transfer of an amount equal to the amount paid by or owed to STATE from future apportionments, or any other funds due ADMINISTERING AGENCY fr.om the Highway Users Tax Fund or any other sources of funds, and/ or may withhold approval of future ADMINISTERING AGENCY federal- aid projects.
23. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted. as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding ' are available, including the withholding or transfer of funds, pursuant fo Article IV - 22, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE liereunder.
24. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE' s ability to recover State funds improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT.
Page 10 of 26
115 ARTICLE V AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS
1. STATE reserves the right to conduct technical and financial audits of PROJECT work and
records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to . cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three ( 3) of ARTICLE V.
2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE.
3: ADMINISTERING AGENGY; ADMINISTERING AGENCY' s contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor; or any duly authorized representative of STATE or the United States all books, . documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above referenced parties. shall make such AGREEMENT, PROGRAM SIJPPLEMENT and contract materials available at their respective offices at all reasonable times; during the, entire PROJECT period and for three (3) years from the date-of submission of the final ezpenditure report by the STATE to the FHWA.
4. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 GFR 200 if it expends $ 750,000 or more in Federal Funds in a sing"le fiscal year. The Federal ' Funds received under a PROGRAM SUPPLEMENT are a part of the Catalogue of Federal Domestic Assistance ( CFDA) 20. 205.
5. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY' s annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200.
6. ADMINISTERING AGENCY shall not award a non- A& E contract over $ 5, 000, construction contract over$ 10, 000, or other contracts over$ 25, 000 ( excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 d), ( e) and ( fl) on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.
Page 11 of 26
116 7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions 5, 6, 17, 19 and 20 of ARTICLE IV, FISCAL PROVISIONS, and provisions
1, 2, and 3 of this ARTICLE V, AUDITS, THIRD- PARTY CONTRACTING RECORDS RETENTION AND REPORTS.
8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner as required of all other PROJECT expenditures.
9. In addition to the above, the pre- award requirements of third- party contractor/ consultants with ADMINISTERING AGENCY should be consistent with the LOCAL ASSISTANCE PROCEDURES.
Page 12 of 26
117 ARTICLE VI - FEDERAL LOBBYING ACTIVITIES CERTIFICATION
1. By execution of this AGREEMENT, ADMINISTERING AGENCY certifies, to the best of the signatory officer's knowledge and belief, that:
A. No federal or state appropriated funds have been paid or will be paid, by or on behalf of ADMINISTERING AGENCY, to any person for influencing or attempting to influence an officer or employee of any STATE or federal agency, a member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding of any STATE or federal contract, including this AGREEMENT, the making of any STATE or federal loan, the entering into of any cooperative contract, and the extension, continuation, renewal, amendment, or modification of any STATE or federal contract, grant, loan, or cooperative contract.
B. If any funds other than federal appropriated funds have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this AGREEMENT, grant, local, or cooperative contract, ADMINISTERING AGENCY shall complete and submit Standard Form- LLL, " Disclosure Form to Rep Lobbying," in accordance witfi the form instructions.
C. This certification is a material representation of fact upon which reliance was placed when this AGREEMENT and each PROGRAM SUPPLEMENT was or will be made or entered into. Submission of this certification is a prerequisite for making or entering into this AGREEMENT imposed by Section 1352; Tifle 31, United States- Code. Any party who fails to file the required certification shall be subject to a civil. penalty of not less than $ 10, 000 and not more than $ 100, 000 for each such failure.
2. ADMINISTERING AGENCY also agrees by signing this AGREEMENT that the language of this certification will be included in all lower tier sub- agreements which exceed $ 100, 000 and that all such sub- recipients shall certify and disclose accordingly.
Page 13 of 26
118 ARTICLE VII - MISCELLANEOUS PROVISIONS
1. ADMINISTERING AGENCY agrees to use all state funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and the relevant Federal Regulations.
2. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner.
3: ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as. officers, employees or agents of STATE or the federal government.
4. Each project- specific E- 76 or E- 76 ( AMOD), PROGRAM SUPPLEMENT and Finance Letter shall separately establish the terms and funding limits for each described PROJECT funded under the AGREEMENT. No federal or state funds are obligated against this AGREEMENT.
5: ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY rior its principals are suspended or debarred at the time of the execution of this AGREEMENT. ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT.
6. ADMINISTERING AGENCY warrants, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an_ agreement or . understanding for a commission; percentage, brokerage; or contingeht fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the work actually performed, or in_STATE's discretion, to deduct from the price of .consideration, or otherwise recover; the full amount of such cornmission; percentage, brokerage, or contingent fee.
7. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two ( 2) year period because of ADMINISTERING AGENCY' s failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board.
8. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE, FHWA or Federal Transit Administration ( FTA) that may have an impact upon the outcome of this AGREEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of this AGREEMENT.
9. ADMINISTERING AGENCY hereby certifies that it does not have nor shall it acquire any financial or business interest that would conflict with the performance of PROJECT under this AGREEMENT.
Page 14 of 26
119 10. ADMINISTERING AGENCY warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the work actually performed, or to deduct from the PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration..
11. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE' s Contract Officer who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Officer, issued in writing, shall be conclusive and binding on the . PARTIES on all questions of fact considered and determined by the Contract Officer.
12. Neither fhe pending of a dispute nor its consideration by the Contract Officer will excuse ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT.
13. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE . shall fully defend; indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE u.nder this AGREEMENT.
14. Neither- STATE nor any officer or employee thereof shall be responsible for any injury, damage or liability occurring by . reason of anything done or omitted to be done by ADMINISTERING AGENCY under, or in connection with, any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and. save Harmless STATE and all of its office s and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to; tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT.
15. STATE reserves the right to terminate funding for any PROJECT upon written notice to ADMINISTERING AGENCY in the event that ADMINISTERING AGENCY fails to proceed with PROJECT work in accordance with the project- specific PROGRAM SUPPLEMENT, the bonding requirements if applicable, or otherwise violates the conditions of this AGREEMENT and/ or PROGRAM SUPPLEMENT, or the funding allocation such that substantial _ perFormance is significantly endangered.
Page 15 of 26
120 16. No termination shall become effective if, within thirty ( 30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if not reasonably susceptible of cure within said thirty ( 30) day period, ADMINISTERING AGENCY proceeds thereafter to complete the cure in a manner and time line acceptable to STATE. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty ( 30) days after receipt, specifying . the reason for the termination, the extent to which funding of work under this AGREEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty ( 30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates. funding for PROJECT with ADMINISTERING AGENCY, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/ or STATE approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project- specific PROGRAM SUPPLEMENT and that the cost of PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY.
17. In case of inconsisteney or conflicts witfi the terms of this AGREEMENT and that of a project- specific PROGRAM SUPPLEMENT, the terms stated in that PROGRAM SUPPLEMENT shall prevail over those in this AGREEMENT.
18. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part.
19. No alteration or variatio,n , of the terms of this AGREEMENT shall be valid unless made in. writing and signed by fhe PARTIES, and no oral understanding or agreement not iricorporated herein shall be binding on any of the PARTIES.
IN WITNESS WHEREOF, , the PARTIES have executed this AGREEMENT by their duly autfiorized officers.:
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION City of Lathrop
By By
Chief, Office of Project lmplementation Division of Local Assistance City of Lathrop Representative Name & Title Authorized Governing Body Representative)
Date Date
Page 16 of 26
121 f
EXHIBIT A
FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment because of race, color, sex, sexual orientation, religion, ancestry or national origin, physical disability, medical condition, marital status, political affiliation; family and medical care leave, pregnancy leave, or disability leave. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in. conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section.
2. ADMINISTERING AGENCY, its contractor( s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act ( Government Code Section 1290- 0 et seq.), and the applicable regulations promulgated thereunder ( California Code of Regulations, Title 2, Section 7285. 0 et seq.): The applicable regulations of the Fair Employment and Housing Commission implemenfing Government Code, Section. 12900( a- fl, set forth in Chap#er 5 of Division 4 of Title 2 of the California Gode of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY' S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.
3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT.
4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement.
5. Remedies for Willful Violation:
a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act and had issued an order under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code Section 1429.
Page 17 of 26
122 b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY' s breach of this Agreement.
Page 18 of 26
123 EXHIBIT B
NONDISCRIMINATION ASSURANCES
ADMINISTERING AGENCY HEREBY AGREES THAT, as a condition to receiving any federal financial assistance from the STATE, acting for the U. S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U. S. C. 2000d- 42 U. S. C. 2000d- 4 ( hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, " Nondiscrimination in Federally- Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964" ( hereinafter referred to as the REGULATIONS), the Federal- aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation. in, be de.nied the benefits of, or be otherwise subjected to discrimination under any program or activity for which ADMINISTERING AGENCY receives federal financial assistance from the Federal Department of Transportation. ADMINISTERING AGENCY HEREBY GIVES ASSURANCE THAT ADMINISTERING AGENCY will promptly take any measures necessary to effectuate this` agreement. This assurance is required by subsection 21. 7( a) ( 1) of the REGULATIONS.
More specifically,. and without limiting the above general assurance, ADMINISTERING AGENCY hereby gives the following specific assurances with respect to its federal- aid Program:
1. That ADMINISTERING AGENCY agrees that each " program" and each " facility" as defined in subsections 21. 23 ( e) and 21. 23 ( b) of the REGULATIONS, will be ( with regard to a " program") conducted, or will be ( with regard to a " facility") operated in compliance with all requirements imposed by, or pursuant to, the REGULATIONS.
2. That ADMINISTERING AGENCY shall insert the following notification in all solicitations for bids for work or material subject to the REGULATIONS made in connection with the federal- aid Program and, in adapted form, in all proposals for negotiated agreements:
ADMINISTERING AGENCY hereby notifies all bidders that it will affirmatively ensure that in any agreement entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportu iity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, religion, age, or disability in consideration for an award.
3. That ADMINISTERING AGENCY shall insert the clauses of Appendix A of this assurance in every agreement subject to the ACT and the REGULATIONS.
4. That the clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed effecting a transfer of real property, structures, or improvements thereon, or interest therein.
Page 19 of 26
124 5. That where ADMINISTERING AGENCY receives federal financial assistance to construct a facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in connection therewith.
6. That where ADMIfVISTERING AGENCY receives federal financial assistance in the form, or for the acquisition, of real property or an interest in real property, the Assurance shall extend to rights to space on, over, or under such property.
7. That ADMINISTERING AGENCY shall include the appropriate clauses set forth in Appendix C and D of this Assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the ADMINISTERING AGENCY with other parties:
Appendix C;
a) for the subsequent transfer of real property acquired or improved under the federal- aid Program; and
Appendix D;
b) for the construction or use of or access fo space on, over, or under real property acquired, or improved under the federal- aid Program.
8: That this assurance obligates ADMINISTERING AGENCY for the period during which federal financial assistance is extended to the program, except where the federal financial assistance is to provide, or is in the form of, personal property or real property or interest therein, or structures, or improvements thereon, in which case the assurance obligates ADMINISTERING AGENCY or any transferee for the longer of the following periods:
a) the period during which the property is used for a purpose for which the federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
b) the period during which ADMINISTERING AGENCY retains ownership or possession of the property.
9. That ADMINISTERING AGENCY shall provide for such methods of administration for the program as are found by the U. S. Secretary of Transportation, or the official to whom he delegates specific authority, to give reasonable guarantee that ADMINISTERING AGENCY, other recipients, sub- grantees, applicants, sub- applicants, transferees, successors in interest, and other participants of federal financial assistance under such program will comply with all requirements imposed by, or pursuant to, the ACT, the REGULATIONS, this Assurance and the Agreement.
10. That ADMINISTERING AGENCY agrees that the United States and the State of California have a right to seek judicial enforcement with regard to any matter arising under the ACT, the REGULATIONS, and this Assurance.
Page 20 of 26
125 11. ADMINISTERING AGENCY shall not discriminate on the basis of race, religion, age, disability, color, national origin or sex in the award and performance of any STATE assisted contract or in the administration on its DBE Program or the requirements of 49 CFR Part 26. ADMINISTERING AGENCY shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non- discrimination in the award and administration of STATE assisted contracts. ADMINISTERING AGENCY' S DBE Implementation Agreement is incorporated by reference in this AGREEMENT. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved DBE Implementation Agreement, STATE may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and/ or the Program Fraud Civil Remedies Act of 1985 ( 31 USC 3801 et seq.)
THESE ASSURANCES are given in consideration of and for the purpose of obtaining any and all federal grants, loans, agreements, property, discounts or other federal financial assistance extended after the date hereof to ADMINISTERING AGENCY by STATE, acting for the U. S. Department of Transportation, and is binding on ADMINISTERING AGENCY, other recipients, subgrantees, applicants, sub- applicants, transferees, successors in interest and other participants in the federal- aid Highway Program.
Page 21 of 26
126 APPENDIX A TO EXHIBIT B
During the pertormance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees and successors in interest ( hereinafter collectively referred to as ADMINISTERING AGENCY) agrees as follows:
1) Compliance with Regulations: ADMINISTERING AGENCY shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation; Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, hereinafter referred to as the REGUCATIONS), which are herein incorporated by reference and made a part of this agreement.
2) Nondiscrimination: ADMINISTERING AGENCY, with regard. to the work perFormed by it during the AGREEMENT, shall : not discriminate on the. grounds of race, color, sex, national origin, , religion, age, or disability in, the`selection and retention of sub- applicants, including p:rocurements of materials and leases of equipment. ADMINISTERING AGENCY shall not participate either directly or indirectly in the discrimination prohibited by Se,ction' 21. 5 of the REGULATIONS, including employ iient practices when. the agreerrient covers a program set forth in Appendix B of the REGULATIONS.
3) Solicitations for Sub=agreements, Including Procurements of Materials and Equipment: In all solicitations either by competifive bidding or negotiation made by ADMINISTERING AGENCY for work to be. performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub- applicanf or supplier shall be notified by ADMINISTERING AGENCY of the ADMIIVISTERING AGENCY' s obligations under this Agreement and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin.
4) Information and Reports: ADMINISTERING AGENCY shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to ADMINISTERING AGENCY' s books, records, accounts, other sources of information, and its facilities as may be determined by STATE or FHWA to be pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required of ADMINISTERING AGENCY is in the exclusive possession of another who fails or refuses to furnish this information, ADMINISTERING AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts ADMINISTERING AGENCY has made to obtain the information.
5) Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY' s noncompliance with the nondiscrimination provisions of this agreement, STATE shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
a) withholding of payments to ADMINISTERING AGENCY under the Agreement within a reasonable period of time, not to exceed 90 days; and/ or
b) cancellation, termination or suspension of the Agreement, in whole or in part.
Page 22 of 26
127 6) Incorporation of Provisions: ADMINISTERING AGENCY shall include the provisions of paragraphs ( 1) through ( 6) in every sub- agreement, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. ADMINISTERIIVG AGENCY shall take such action with respect to any sub- agreement or procurement as STATE or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event ADMINISTERING AGENCY becomes involved in, or is threatened with, litigation with a sub- applicant or supplier as a result of such direction, ADMINISTERING AGENCY may request STATE enter into such litigation to protect the interests of STATE, and, in addition, ADMINISTERING AGENCY may request the United States to enter into such litigation to protect. the interests of the United States.
APPENDIX B TO EXHIBIT B
Page 23 of 26
128 The following clauses shall be included in any and all deeds effecting or recording the transfer of PROJECT real property, structures or improvements thereon, or interest therein from the United States.
GRANTING CLAUSE)
NOW, THEREFORE, the U. S: Department of Transportation, as authorized by law, and upon the condition that ADMINISTERING AGENCY will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration. of federal- aid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the CiV'il Rights Act of 1964 ( 78 Stat. 252; 42 U. S. C. 2000d to 2000d- 4), does hereby remise, release, quitclaim and convey unto the ADMINISTERIIVG AGENCY all the right, title, and interest of the U. S. Department of Transportation in, and to, said lands described in Exhibit " A" attached hereto and made a part hereof.
HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto ADMINISTERING AGENCY. and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations here'in contained as follows, which uvill remain in effect for the period during which the' real property or structures are used for a purpose for which federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on ADMINISTERING AGENGY; its successors and assigns:
ADMINISTERING AGENCY, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns,
1) that . no person . shall on the grounds of race color, sex, nafional origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otheruvise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (;) ( and) *
2) that ADMINISTERING AGENCY shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non- discrimination in federally- assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (;) and
3) that in the event of breach of any of the above- mentioned nondiscrimination conditions, the U. S. Department of Transportation shall have a right to re- enter said lands and facilities on said land, and the above- described land and facilities shall thereon revert to and vest in and become the absolute property of the U. S: Department of Transportation and its assigns as such interest existed prior to this deed.*
Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964:
Page 24 of 26
129 APPENDIX C TO EXHIBIT B
The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar instruments entered into by ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7( a) of Exhibit B.
The grantee ( licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree ( in the case of deeds and leases add " as covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this ( deed, license, lease, permit, etc.) for a purpose for which a U. S. Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the ( grantee, licensee, lessee, permittee, etc.), shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, U. S. Department of Transportation, Subtitle A, Office of Secretary; Part 21, Nondiscrimination in federally-assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the ( license, lease, permit etc.) and to re- enter and repossess said land and the facilities thereon, and hold the same as if said ( license, lease, permit, etc.) had never been made or issued.
Include in deeds)*
That in the event of breach of any of the above nondisc'rimination covenants; ADMINISTERING AGENCY shall have the right to re- enter said land and facilities thereon, and the above- described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY and its assigns.
Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
Page 25 of 26
130 s
APPENDIX D TO EXHIBIT B
The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7 ( b) of Exhibit B.
The grantee ( licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree ( in the case of deeds, and leases add " as a covenant running with the land") that:
1) no person on the ground of race, color, sex, national origin, religion, age or disability, shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of said facilities;
2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon; no person on the ground of race, color, sex, national origin, religion, age or disability shall be excluded from paiticipation in; denied the benefits of, or otherwise be subjected to discrimination; and
3) that the ( grantee, licensee, lessee, permittee, etc.,) shall use the premises in compliance with the Regulations.
Include in licenses, leases, permits; etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the ( license, lease, permit, etc.) and to re- enter and repossess said land and the facilities thereon, and hold the same as if said ( license, lease, permit,
etc.) had never been made or issued:
Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re- enter said land and facilities thereon, and the above- described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY, and its assigns.
Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
Page 26 of 26
131 i Attachment C
PROGRAM SUPPLE. MENT NO. F010 Adv Project ID Date: January 27,• 2020 to 1019aQ0041 Location: 10- SJ- 0- LTRP ADMINISTERING AGEIVCY- STATE AGREEMENT Project Num6er CML- 5456( 019) FOR FEDERAL- AID PROJECTS NO 10- 5456F15 E: l1. Number: Locode: 5456
This Prog am Supplement hereby' adopts and incorporates the Administering Agency- St'ate Agreement for Fede al Aid which was entered into between the Administering Agency and tEie State on and' is subject fo_all the terrris, and conditions theredf. This Program` Supplem.ent is:executed in' accordance. with ArEicle I of the aforementioned Master Agreement under authority of Resolution No. approved 6y"the Administering: Agency on See copy attached).
The Administering Agency further stipula,#es that as a condition to the payment by the State of any funds derived from sources notec! below obligated to this PROJECT, the Admini"sEering Agency accepts and will comply.witli the special covenants or remarks set forth on the`following' pages.
PROJECT LOCATION: . Intersection of Golden Valley Parkway& Lathrop Road=Spartan Way
TYPE OF 1NORK; lnstall New Traffic Signal to Replace All- Way Stop Intersection LENGTH: O. d( MILES)
Estimated Cosf Federal Funds Ma4ching Funds Z003 400, 000; 00 LOCAL 07HER
537, 843. 00 137, 843: 0,. 0. 00
CITY OF L/aTFiROP STATE OF C. LIFORiV1A epartment of 1' ransportation
y gy
Title Ghief, Office of I' roject I nplementation Division of Local Assistance Uate
Attest , Date
l. hereEiy certify upon my personal knowiedge that budgeted funds are available for this encumbrance:
g- Z`' Z L $ Accountireg Officer. f' Date , 400.00d. 00
Prot ram Supplement 10- 5456F' 15- F010- ISTE. A Page 1 of 6
O
132 10- SJ- 0- LTRP
CML- 5456( 019) SPECIAL COVENANTS OR REMARKS
A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual.
B. ADMINISTERING AGENCY_agrees that it will only proceed with work authorized for specific phase( s) with an " Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an " Authorization to Proceed" from the STATE for that phase( s) unless no furfher State or Federal funds are needed for those future
phase( s).
C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE- approved " Authorization to Proceed" and Finance Letter. ADMINISTERiNG AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration.
D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to . the submittal of the . ADMINISTER.)NG AGENCY' S first . invoice fo,r the construction contract.
Failure to do so will cause a delay in the State processing invoices for the construction pfiase. Attention is directetl to° Section 15. 7 " Award Package"` of the ' Local Assistance Procedures Manual.
E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE' s approval of an applicable Finance Letter. STATE reserves" the right fo suspend future authorizations/ obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on- going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six- month period.
If no costs have been invoiced for a six- month period, ADMINISTERING AGENCY agrees to submit for each phase a written, explanation of the absence of PROJECT activity along with target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a " Report of Expenditures" within one hundred eighty ( 180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a " Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local. Assistance Procedures IVlanual.
F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal-
Program Supplement 10- 5456F15- F010- ISTEA Page 2 of 6
133 10- SJ- 0- LTRP
CML- 5456( 019) SPECIAL COVENANTS OR REMARKS
assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps` under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal- assisted contracts. The Administering Agency' s DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U. S. C. 1001 and/ or the Program Fraud Civil Remedies Act of 1986 ( 31 U. S. C. 3801 et
seq.).
G. Any State and Federal funds that may have been encumbered for this project are available for disbursement_ for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Goyernment Code Section 16304;: all project funds not liquidated within these periods will revert unless an executed Cooperative" Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance.
ADMINISTERING AGENCY should ensure that invoices are submitted to the Distriet Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller' s Office and the Department of Finance; in order for payment to be made, the last date the
District Local Assistance Engineer , can forward an invoice # or payment to the Departm' ent' s Local Programs Accounting Office for reimbursable work for funds that are' ` - going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for .reimbursement involving applicable funds that is not received. by the Department' s Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department' s Division of Accounting on the applicable fund Reversion Date.
H. As a condition for receiving federal- aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www. sam. gov.
2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures ( including those set forth in the Local Assistance Procedures Manual and the Local Assistance , Program Guidelines, hereafter collectively referred to as " LOCAL ASSISTANCE PROCEDURES") relating to the federal- aid program; all Title 23 Code of
Program Supplement 10- 5456F15- F010- ISTEA Page 3 of 6
134 10- SJ- 0- LTRP
CML- 5456( 019) SPECIAL COVENANTS OR REMARKS
Federal Regulation ( CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project- specific PROGRAM SUPPLEMENT.
B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.
C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency' s progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/ or a computerized summary of PROJECT costs.
D: Indirect Cost Allocation Plan/ Indirect Cost Rate Proposals ( ICAP/ ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE ( Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ ICRP approval procedures established by STATE.
E. STATE will withhold the greater of either two ( 2) percent of the total of all federal funds
encumbered for each PROGRAM SUPPLEMENT or $ 40, 000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.
F. Payments to ADMINISTERING AGENCY for PROJECT- related travel and
subsistence ( per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration ( DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty 30) days of such invoice.
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.
H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be
Program Supplement 10- 5456F15- F010- ISTEA Page 4 of 6
135 10- SJ- 0- LTRP
CML- 5456( 019) SPECIAL COVENANTS OR REMARKS
used to determine the allowability of individual PROJECT cost items.
I. Every sub- recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 GFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures,
Public Contract Code ( PCC) 10300- 10334 ( procurement of goods), PCC 10335- 10381
non- A& E services), and other applicable STATE and FEDERAL regulations.
J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.
K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph::
ADMINISTERING AGENCY, ADMINISTERING AGENCY' S contractors and' subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the' United States all books, :documents; papers; accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY` shall - furnish copies thereof if requested. All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for,three 3) years from the date' of submission of th'e final expenditure report by the STATE to the` - FHWA.
L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim poinfs of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE.
M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $ 750, 000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance.
N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY' s annual audit and in the schedule of projects to be
Program Supplement 10- 5456F15- F010- ISTEA Page 5 of 6
136 10- SJ- 0- LTRP
CML- 5456( 019) SPECIAL COVENANTS OR REMARKS
examined under its single audit prepared in accordance with 2 CFR, Part 200.
O. ADMINISTERING AGENCY shall not award a non- A& E contract over $ 5, 000, construction contracts over $ 10, 000, or other contracts over $ 25, 000 [ excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 ( d), ( e) and ( fl] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.
P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this
agreement.
Program Supplement 10- 5456F15- F010- ISTEA Page 6 of 6
137 138 ITEM 4. 9
CITY MANAGER' S REPORT MARCH 9, 2020 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH PEI FOR THE LOUISE AVENUE REHABILITATION, PURSUANT TO CITYWIDE ROAD MAINTENANCE AND REPAIR PROGRAM CIP PS 18- 01
RECOMMENDATION: Adopt Resolution Approving a Professional Services Agreement with Pavement Engineering Inc. for the Louise Avenue Pavement Rehabilitation, Pursuant to Citywide Road Maintenance and Repair Program CIP PS 18- 01
SUMMARY:
The Citywide Road Maintenance and Repair Program Capital Improvement Project CIP) PS 18- 01 was created to maintain and repair the City' s roads throughout the City. Pavement evaluation studies have determined that the existing pavement section in Louise Avenue is structurally deficient, and the current deteriorating pavement conditions of the segment between Harlan Road and the railroad crossing east of 5th Street warrant this to be a high priority project for City' s road maintenance and repair program.
Professional engineering services are needed to support Citywide Road Maintenance and Repair Program CIP PS 18- 01 for pavement rehabilitation on Louise Avenue. StafF requested and received proposals from qualified engineering consultants. Pavement Engineering Inc. ( PEI) was selected as the best qualified firm based on their previous work history, qualifications, positive references, and overall understanding of the project requirements.
Staff requests that City Council approve a Professional Services Agreement with PEI in the amount of $ 159, 305 ( plus a 10% contingency in the amount of $ 15, 931 for a total authorization of $ 175, 236) for engineering consulting services to prepare a bid package for the Louise Avenue pavement rehabilitation. This project is anticipated to include full depth reclamation for pavement rehabilitation on Louise Avenue
5th between Harlan Road and the railroad crossing east of Street, curb ramp improvements, and raising the median in the center of the road.
Funds approved in the FY 2019/ 21 budget for Citywide Road Maintenance and Repair
Program CIP PS 18- 01 are sufFicient to authorize the agreement.
139 CITY MANAGER' S REPORT PAGE 2 MARCH 9, 2020, CITY COUNCIL REGULAR MEETING APPROVE PROFESSIONAL SERVICES AGREEMENT WITH PEI FOR CITYWIDE ROAD MAINTENANCE AND REPAIR PROGRAM CIP PS 18- 01
BACKGROUND:
The Citywide Road Maintenance and Repair Program CIP PS 18- 01 was created to maintain and repair the City' s roads throughout the City. Locations are prioritized based upon the condition of existing pavement/ striping conditions as related to public safety and proximity to high pedestrian facilities ( e. g. schools). Pavement evaluation studies have determined that the existing pavement section in Louise Avenue is structurally deficient, and the current deteriorating pavement conditions of the segment between Harlan Road and the railroad crossing east of 5th Street warrant this to be a high priority project for City' s road maintenance and repair program.
StafF requested and received proposals from qualified engineering consultants for engineering consulting services needed to support the Louise Avenue pavement rehabilitation. PEI was selected as the best qualified firm based on their previous work history, qualifications, positive references, and overall understanding of the project requirements.
Staff has negotiated a scope and fee proposal with PEI for engineering consulting services to prepare a bid package for the Louise Avenue pavement rehabilitation.
This project is anticipated to include full depth reclamation for pavement rehabilitation on Louise Avenue between Harlan Road to the railroad crossing east of Howland Road, curb ramp improvements, and raising the median in the center of the road.
REASON FOR RECOMMENDATION:
Louise Avenue is a major east- west corridor connecting the City of Lathrop to the City of Manteca. The current deteriorating pavement conditions of the segment between Harlan Road and the railroad crossing east of 5th Street warrant this to be a high priority project for City' s road maintenance and repair program. After reviewing the proposals, PEI was selected as the best qualified firm to provide professional engineering services to support this project based on their previous work history, qualifications, positive references, and overall understanding of the project requirements.
FISCAL IMPACT:
Staff requests that City Council approve a Professional Services Agreement with PEI in the amount of $ 159, 305 ( plus a 10% contingency in the amount of $ 15, 931 for a total authorization of $ 175, 236) for engineering consulting services to prepare a bid package for the Louise Avenue pavement rehabilitation. Funds approved in the FY 2019/ 21 budget for Citywide Road Maintenance and Repair Program CIP PS 18- 01 are sufficient to authorize the agreement.
140 CITI( MANAGER' S REPORT P 4GE 3 MARCH 9, 2020, CITV COUNCIL REGULAR MEETIIVG APPROVE PROFESSIONAL. SERVICES / GIaEEMENT WITH PEI FOR CITYWIDE ROAD MAINTENANCE AfiID REPAIR PItOGIZAM CIP PS 18- 01
ATTi4C H M E fVTS:
A. Resolution Approving a Professional Services Agreement with Pavement Engineering Inc. for Louise Avenue Pavement Rehabilitation, Pursuant to Citywide Road Maintenance and Repair Program CIP PS 18- 01
B. Professional Services Agreement with Pavement Engineering Inc. for Professional Engineering Consulting Services for Citywide Road Maintenance and Repair Program CIP PS 18- 01
141 CITY MANAGER' S REPORT PAGE 4 MARCH 9, 2020, CITY COUNCIL REGULAR MEETING APPROVE PROFESSIONAL SERVICES AGREEMENT WITH PEI FOR CITYWIDE ROAD MAINTENANCE AND REPAIR PROGRAM CIP PS 18- 01
APPROVALS
3 2_ Z Jay ' s Date Principal Engineer
3- Z- ZoZd Michael King Date Director of Public Works
Cari Ja Date Finance Administrative Service irector
2. r Z-° - Salvador Navarrete Date City Attorney
3'•
Ste en J. Salvatore Date City Manager
142 RESOLUTION NO. 20 -
A RESO: LUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH PAVEMENT ENGINEERING INC. FOR THE LOUISE AVENUE PAVEMENT REHABILITATION, PURSUANT TO CITYWIDE ROAD MAINTENANCE AND REPAIR PROGRAM CIP PS 18- 01
WHEREAS, the Citywide Road Maintenance and Repair Program Capital Improvement Project ( CIP) PS 18- 01 was created to maintain and repair the City' s roads throughout the City; and
WHEREAS, pavement evaluation studies have determined that the existing pavement section in Louise Avenue is structurally deficient, and the current deteriorating pavement conditions of the segment between Harlan Road and the railroad crossing east of 5th Street warrant this to be a high priority project for City' s road maintenance and repair program; and
WHEREAS, staff requested and received proposals from qualified engineering consultants for engineering consulting services needed to support the Louise Avenue pavement rehabilitation, and Pavement Engineering Inc. ( PEI) was selected as the best qualified firm based on their previous work history, qualifications, positive references, and overall understanding of the project requirements; and
WHEREAS, staff has negotiated a scope and fee proposal with Pavement Engineering Inc. for engineering consulting services to prepare a bid package for the Louise Avenue pavement rehabilitation for a cost of $ 159, 305; and
WHEREAS, staff requests that City Council approve a Professional Services Agreement with PEI in the amount of $ 159, 305 ( plus a 10% contingency in the amount of $ 15, 931 for a total authorization of $ 175, 236) for engineering consulting services to prepare a bid package for the Louise Avenue pavement rehabilitation; and
WHEREAS, funds approved in the FY 2019/ 21 budget for Citywide Road Maintenance and Repair Program CIP PS 18- 01 are sufficient to authorize the
agreement.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby approve a Professional Services Agreement with Pavement Engineering Inc: in the amount of $ 159, 305 ( plus a 10% contingency in the amount of $ 15, 931 for a total authorization of $ 175, 236) for engineering consulting services to prepare a bid package for the Louise Avenue pavement rehabilitation for the Citywide Road
Maintenance and Repair Program CIP PS 18- 01.
143 9t" The foregoing resolution was passed and adopted this day of March, 2020, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: 4PPROVED AS TO FOR :
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
144 f
Attachment B
CITY OF LATHROP
AGREEMENT FOR PROFESSIONAL ENGINEERING CONSULTING SERVICES WITH PAVEMENT ENGINEERING INC.
FOR CITYWIDE ROAD MAINTENANCE AND REPAIR PROGRAM CIP PS 18- 01 - LOUISE AVENUE PAVEMENT REHABILITATION
THIS AGREEMENT, dated for convenience this 9th day of March, 2020, is by and between Pavement Engineering Inc., (" CONSULTANT") and the City of Lathrop, a California municipal corporation (" CITY");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Professional Engineering Consulting Services, which are required by this agreement; and
WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and
WHEREAS, CONSULTANT is willing to render such Professional Engineering Consulting Services, as hereinafter defined, on the following terms and conditions;
N011V, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Scope of Service.
CONSULTANT agrees to perform Professional Engineering Consulting Services in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit " A" and incorporated herein by reference. CONSULTANT represents it is prepared to and can diligently perform these services in accordance with the upmost standards of its profession and to CITY' S satisfaction. The fee proposal shall include all reimbursable costs required for the
performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved of in advance and in writing, by the CITY.
Page 1 of 13
145 CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH PEI FOR CIP PS 18- 01 CITYWIDE ROAD MAINTENANCE AND REPAIR PROGRAM— LOUISE AVENUE PAVEMENT REHABILITATION
2) Compensation.
CITY hereby agrees to pay CONSULTANT a sum not to exceed $ 159, 305 for the Professional Engineering Consulting Services set forth in Exhibit " A". CONSULTANT shall be paid any uncontested sum due and payable within thirty 30) days of receipt of billings containing all information pursuant to Paragraph 5 below. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for
work not included in Exhibit " A", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY's authorized representative . prior to the commencement of the work. Payment is made based on a time and materials basis.
3) Effective Date and Term.
The effective date of this Agreement is March 9, 2020, and it shall terminate no later than June 30, 2021. .
4) Independent Contractor Status
It is expressly understood and agreed by both parties that COfVSULTANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the CITY. As an independent contractor, CONSULTANT is responsible for controlling the means and methods to complete the scope of work described in Exhibit " A" to City's satisfaction. CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY.
5) Billinqs
CONSULTANT shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. COfVSULTANT' S bills shall include a list of all tasks, a total amount due, the amounts previously billed, and the net amount due on the invoice. Except as specifically authorized by CITY, CONSULTANT shall not bill CITY for duplicate services performed by more than one person. In no event shall CONSULTANT submit any billing for an amount in excess of the rates or the maximum amount of compensation provided in section ( 2) for either task or for the entire Agreement, unless modified by a properly executed change order.
Page 2 of 13
146 CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH PEI FOR CIP PS 18- 01 CITYWIDE ROAD MAINTENANCE AND REPAIR PROGRAM— LOUISE AVENUE PAVEMENT REHABILITATION
6) Advice and Status Reportinq
CONSULTANT shall provide the CITY with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder, and shall furnish to CITY such information as is necessaryto enable CITYto monitorthe performance of this Agreement.
CONSULTANT shall submit to CITY such reports, diagrams, drawings and other work products developed pursuant to the Scope of Services.
7) Auditinq
CITY reserves the right to periodically audit all charges made by CONSULTANT to CITY for services under this Agreement. Upon request, CONSULTANT agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit.
CONSULTANT agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONSULTANT agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation ' for the purpose of determining compliance with the requirement. CONSULTANT further agrees to maintain such records for a period of three (3) years after final payment under this agreement.
8) Assiqnment of Personnel
CONSULTANT acknowledges that the CITY has relied on CONSULTANT' s capabilities and on the qualifications of CONSULTANT' s principals and staff as identified in its proposal to CITY. The services shall be performed by, or under the direct supervision, of CONSULTANT' s Authorized Representative: Joseph L. Ririe, P. E., Senior Principal Engineer. CITY shall be notified by CONSULTANT of any change of its Authorized Representative , and CITY is granted the right of approval of all original, additional, and replacement personnel at CITY' s sole discretion, and shall be notified by CONSULTANT of any changes of CONSULTANT' s project staff prior to any change.
CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. If CITY asks CONSULTANT to remove a person assigned to the work called for under this Agreement, CONSULTANT agrees to do so immediately, without requiring the City to process a reason or explanation for its request.
Page 3 of 13
147 CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH PEI FOR CIP PS 18- 01 CITYWIDE ROAD MAINTENANCE AND REPAIR PROGRAM— LOUISE AVENUE PAVEMENT REHABILITATION
9) Assiqnment and Subcontractinq
It is recognized by the parties hereto that a substantial inducement to. CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT. Neither this Agreement nor any interest therein may be assigned by CONSULTANT without the prior written approval of CITY' S authorized representative. CONSULTANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY' S authorized
representative.
10) Insurance
On or before beginning any of the services or work called for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY. CONSULTANT shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONSULTANT has also been obtained for the
subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers' Compensation. CONSULTANT shall, at CONSULTANT' S sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars. In the alternative, CONSULTANT may rely on a self- insurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, orthe CONSULTANT, if a program of self- insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
Page 4 of 13
148 CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH PEI FOR CIP PS 18- 01 CITYWIDE ROAD MAINTENANCE AND REPAIR PROGRAM— LOUISE AVENUE PAVEMENT REHABILITATION
b) Commercial General and Automobile Liability Insurance. CONSULTANT, at CONSULTANT' S own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than two million dollars per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If Commercial General Liability Insurance or an Automobile Liability 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. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA 0001 ( ed. 12/ 90) Code 1 ( any auto).
Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, agents, and volunteers are to be covered as insured with respect to each of the following: liability arising out of activities performed by or on behalf of COIVSULTANT, including the insider's general supervision of CONSULTANT; products and completed operations of CONSULTANT; premises owned, occupied or used by CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its
officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage.
iv) Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers.
Page 5 of 13
149 CITY OF LATHROP— CONSULTING SERVICES AGREEMENT WITH PEI FOR CIP PS 18- 01 CITYWIDE ROAD MAINTENANCE AND REPAIR PROGRAM— LOUISE AVENUE PAVEMENT REHABILITATION
v) Insurance is to be placed with California- admitted insurers with a Best's rating of no less than A: VII.
vi) Notice of cancellation or non- renewal must be received by CITY at least thirty days prior to such change.
c) Professional Liabilitv. CONSULTANT, at CONSULTANT' S own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than Two Million Dollars ($ 2, 000, 000) per claim made and per policy aggregate covering the licensed professionals' errors and omissions, as follows:
i) Any deductible or self- insured retention shall not exceed 150, 000 per claim.
ii) Notice of cancellation, material change, or non- renewal must be received by the CITY at least thirty days prior to such change shall be included in the coverage or added as an endorsement to the policy.
iii) The policy must contain a cross liability or severability of interest clause.
iv) The following provisions shall apply if the professional liability coverages are written on a claims made form:
1. The retroactive date of the policy must be shown and must be before the date of the Agreement.
2. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
3. If coverage is canceled or not renewed and it is not replaced with another claims made policy form with a retroactive date that precedes the date of this Agreement, CONSULTANT must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The CITY shall have the right to exercise at the CONSULTANT' S cost, any extended reporting provisions of the policy should the CONSULTANT cancel or not renew the
coverage.
Page 6 of 13
150 CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH PEI FOR CIP PS 18- 01 CITYWIDE ROAD MAINTENANCE AND REPAIR PROGRAM— LOUISE AVENUE PAVEMENT REHABILITATION
4. A copy of the claim reporting requirements must be submitted to the CITY prior to the commencement of any work under this Agreement.
d) Deductibles and Self- Insured Retentions. CONSULTANT shall disclose the self- insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, upon express written authorization of the CITY' s authorized representative, CONSULTANT may increase such deductibles or self- insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY' s authorized representative may condition approval of an increase in deductible or self- insured retention levels upon a requirement that CONSULTANT procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e) Notice of Reduction in Coveraqe. In the event that any coverage required under subsections ( a), ( b), or ( c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONSULTANT shall provide written notice to CITY at CONSULTANT' S earliest possible opportunity and in no case later than five days after CONSULTANT is notified of the change in coverage.
f) In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due underthe Agreement;
ii) Order CONSULTANT to stop work under this Agreement or withhold any payment which becomes due to CONSULTANT hereunder, or both stop work and withhold any payment, until CONSULTANT demonstrates compliance with the requirements hereof;
iii) Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for COfVSULTANT' S breach.
Page 7 of 13
151 CITY OF LATHROP— CONSULTING SERVICES AGREEMENT WITH PEI FOR CIP PS 18- 01 CITYWIDE ROAD MAINTENANCE AND REPAIR PROGRAM— LOUISE AVENUE PAVEMENT REHABILITATION
11) Indemnification - CONSULTANT' S Responsibilitv
As to the CONSULTANT' S work hereunder, it is understood and agreed that ( a) CONSULTANT has the professional skills necessary to perform the work, (b) CITY relies upon the professional skills of CONSULTANT to perform the work in a skillful and professional manner, and ( c) CONSULTANT thus agrees to so perform.
Acceptance by CITY of the work performed underthis Agreement does not operate as a release of said CONSULTANT from such professional responsibility for the work performed. It is further understood and agreed that CONSULTANT is apprised of the scope of the work to be performed under this Agreement and CONSULTANT agrees that said work can and shall be performed in a fully competent manner in accordance with the standard of care applicable to CONSULTANT' S profession.
CONSULTANT shall indemnify, defend, and hold CITY, its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused by the willful misconduct or negligent acts or omissions of CONSULTANT, its employees, subcontractors, o,r agents, or on account of the performance or character of this work, except for any such claim arising out of the negligence or willful misconduct of the CITY, its officers, employees, agents, or volunteers. It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
12) Licenses
If a license of any kind, which term is intended to include evidence of registration, is required of CONSULTANT, its employees, agents, or subcontractors by federal or state law, CONSULTANT warrants that such license has been obtained, is valid and in good standing, and CONSULTANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
13) Business Licenses
CONSULTANT shall obtain and maintain a CITY of Lathrop Business License until all Agreement services are rendered and accepted by the CITY.
Page 8 of 13
152 CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH PEI FOR CIP PS 18- 01 CITYWIDE ROAD MAINTENANCE AND REPAIR PROGRAM— LOUISE AVENUE PAVEMENT REHABILITATION
14) Termination
Either CITY or CONSULTANT may cancel this Agreement upon 30 days written notification to the other party. Upon termination, or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONSULTANT to CITY within ten ( 10) calendar days.
15) Fundinq
CONSULTANT agrees and understands that renewal of this agreement in subsequent years is contingent upon action by the City Council consistent with the appropriations limits of Article XIII ( B) of the California Constitution and that the Council may determine not to fund this agreement in subsequent years.
16) Notices
All contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if ( 1) personally served, ( 2) sent by the United States mail, postage prepaid, ( 3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two 2) Days by delivery of a hard copy of the material sent by facsimile transmission. Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
To City: City of Lathrop City Clerk 390 Towne Centre Lathrop, CA 95330
Copy to: City of Lathrop Department of Public Works 390 Towne Centre Lathrop, CA 95330 MAIN: ( 209) 941- 7430 FAX: ( 209) 941- 7449
To Consultant: Pavement Engineering Inc. 3485 Sacramento Drive, Suite A San Luis Obispo, CA 93401- 7156 PHONE: ( 805) 781- 2265
Page-9 of 13
153 CITY OF LATHROP— CONSULTING SERVICES AGREEMENT WITH PEI FOR CIP PS 18- 01 CITYWIDE ROAD MAINTENANCE AND REPAIR PROGRAM— LOUISE AVENUE PAVEMENT REHABILITATION
17) Miscellaneous
a) Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.
b) Contract Terms Prevail. All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and attached exhibits, the terms of this Agreement shall prevail.
c) Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State of California.
d) Definitions. The definitions and terms are as defined in these
specifications.
e) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.
f) Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement.
g) Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement.
h) Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, and there are no other prior oral or w'ritten agreements between the parties that are not incorporated in this Agreement.
i) Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.
Page 10 of 13
154 CITY OF LATHROP— CONSULTING SERVICES AGREEMENT WITH PEI FOR CIP PS 18- 01 CITYWIDE ROAD MAINTENANCE AND REPAIR PROGRAM— LOUISE AVENUE PAVEMENT REHABILITATION
j) Ownership of Documents. All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of the CITY. Upon CITY' s request, CONSULTANT shall allow CITY to inspect all such documents during the CONSULTANT' s regular business hours.
k) Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants
and conditions.
I) Severability. The invalidity in whole or part of any provision of#his Agreement shall not void or affect the validity of any other provision of this agreement. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
m) Status of CONSULTANT. In the exercise of rights and obligations under this Agreement, CONSULTANT acts as an independent contractor and
not as an agent or employee of CITY. CONSULTANT shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and CONSULTANT expressly waives any and all claims to such right and benefits.
n) Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
o) Time of the Essence. Time is of the essence of this Agreement and each
of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be per#ormed falls on a Saturday, Sunday or any Day observed as a legal holiday by CITY, the time for performance shall be extended to the following Business Day.
p) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
Page 11 of 13
155 CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH PEI FOR CIP PS 18- 01 CITYWIDE ROAD MAINTENAIVCE AND REPAIR PROGRAM— LOUISE AVENUE PAVEMENT REHABILITATION
q) Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non- prevailing party.
18) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written " Notice to Proceed" from CITY. A IVotice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed.
19) Siqnatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTAfVT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
Page 12 of 13
156 CITY OF LATHROP— CONSULTING SERVICES AGREEMENT WITH PEI FOR CIP PS 18- 01 CITYWIDE ROAD MAIfVTENANCE AND REPAIR PROGRAM— LOUISE AVENUE PAVEMENT REHABILITATION
Approved as to Form: City of Lathrop City Attorney
z 2.o z o
Salvador fVavarrete Date
Recommended for Approval: City of Lathrop Public Works Director
Michael King Date
Approved by: City of Lathrop 390 Towne Centre Drive Lathrop, CA 95330
Stephen J. Salvatore Date City Manager
Consultant: Pavement Engineering Inc. 3485 Sacramento Drive, Suite A San Luis Obispo, CA 93401- 7156
Fed I D # Business License #
Signature Date
Print Name and Title
Page 13 of 13
157 Exhibit A I P er ent En ineering Inco
You can ride on our rept tation
February 11, 2020 MP20- 063
Jay M. Davidson, P. E. City of Lathrop 390 Towne Centre Drive Lathrop, CA 95330
Subject: City of Lathrop= Louise Avenue Pavement Rehabilitation Project Louise Avenue— Harlan Road to RXR E/ O Howland Road
Dear Jay:
Per your request, we are submitting our proposal to prepare a PS& E package for the subject project. The project includes rehabilitating the pavement on Louise Avenue from Harlan Road to the RXR E/ O Howland Road. The work will also consist of performing curb ramp improvements along the segment and designing a raised median in the center of the road.
BACKGF20UD
The City of Lathrop has identified Louise Avenue from Harlan Road to the RXR E/ O Howland Road as a high priority project for pavement rehabilitation. A pavement evaluation study, completed by PEI in March, 2011, revealed that the pavement was 6 inches structurally de cient for a design traffic index of 11. 0. Since then, the pavement has continued to deteriorate. In July, 2019, the City had EiVGEO prepare a pavement exploration report. The current pavement conditions warrant rehabilitation. Because of severe structural deficiency identified in 2011, we anticipate that the pavement rehabilitation will consist of an FDR ( Full Depth Reclamation).
SCOPE OF WORK
T SK 1 — P OJECT e4DNlIfVISTRA' T90N
This work includes a kick-off meeting with City of Lathrop staff to confirm the project's scope of work, schedule, budget and availability of project documents; review project goals; discuss format of deliverables; and clarify the responsibilities of each party.
Progress meetings will be arranged to review the work at critical stages. For this project we are recommending that we meet at the 60% stage after the pavement evaluation is completed to review and confirm the final treatments and conceptual level budget. At the
Serving California since 1987
www. pa vementengineering. com
158 Jay M. Davidson, P. E. February 11, 2020 M P20- 063 Page 2
95% stage we can review and confirm the final documents and collect comments. We anticipate three (3) meetings with City of Lathrop staff.
Constant communication between the project manager and City of Lathrop staff is parf of our approach and will help ensure a successful project:
1'sA C— ITE I E Ts T9 1
The purpose of this task is to gather and confirm all necessary information, either from field measurements or existing archives, to facilitate the design and development of the project' s contract documenfs.
We have separated the anticipated investigation and survey items below and provided a detailed explanation of the expected work.
Task ZA —1V9easue- e Field 3uantetees and AD. Ra np 4 se sment
PEI will physically walk the project street to measure and record all pertinent field quantities, including the location of existing striping, pavement markers and paint markings; location of underground utility covers; limits of paving transitions, digouts, and other pavement repairs; and the total area of pavement to be
rehabilitated. This information will be compiled into the bid schedule.
If we identify any concrete repairs during our field review, we will note it and bring if to your attention to determine if the repairs should be added to the contract.
PEI has identified all seventeen ( 17) curb ramps within the project limits as non-
compliant. Non- compliant ramps will be tallied and included in our concept level budget.
Task 2 — Topographic Survey and Monument Perpetuation Research
PEI will contract with Geo- West to provide land survey including but not limited to topography, spot elevations, cross- sections, and longitudinal profiles at 50 feet stations. The vertical datum shall conform to the local vertical datum.
PEI will assist the City of Lathrop with the monument identification and preservation process ( State Business and Professions Code Section 8771) by performing a records search to locate any potential recorded survey monuments within # he street limits. Our surveyor will prepare a written report that PEI will review with the City to determine which monuments might potentially be disturbed during construction and how to perpetuate them.
Z:\ SharedtR DrivelAdmin\ TextlMarketing\ ProposalslProposals2020\ MP20- 0631MP20- 063. docx . j%
159 Jay M. Davidson, P. E. February 11, 2020 MP20- 063 Page 3
At the City' s request, PEI can also provide a service to tie- off the existing monuments prior to construction and establish new monumentation after construction. PEI will provide an additional proposal for these services at the City' s request, if needed.
Task 2C— Pavement' valuation na/ ysis
In March of 2011, PEI perFormed a pavement evaluation of Louise AVenue from Harlan Road to Howiand Road. Additionally, the City contracted with ENGEO in July of 2019 to perForm a pavement exploration of the same pavement. PEI will use these two reports to develop rehabilitation options.
Rehabilitation options to be investigated will include pulverization and resurfacing, milling and filling, conventional asphalt concrete overlay and RHMA overlays. The deflection testing and coring data for the street will be included in the project development binders; however, no formal deflection testing report will be prepared. , Going straight from the raw analysis and data to design saves considerable design funds.
In addition to the tasks listed above, PEI will coordinate with City staff to obtain th following information:
FaciBity maps from utility agencies Other available design data such as drainage facility maps, frafFic data, City standards, front- end specifications, etc.
This proposal excludes any, electronic locating or potholing of underground utilities. Depending on the rehabilitation treatment selected for each road segment, this work may not be required.
TASK 3 — PLANS, SPECI 9 CA7' 1 95 / AND ESTIIVIATES
Task 3 4 — Concepf level budget analysis
After the site investigations and analysis outlined in Task 2 are complete, PEI will rneet with the City to review the gathered information. As part of the meeting, we will review preliminary cost information for each viable option for each street segment and a life cycle cost analysis ( LCCA) to assist the City in selecting the most cost effective and constructible options for the project street.
As part of our meeting, PEI will also discuss any drainage issues that are observed to determine if/ how to implement the needed improvements.
Z:1SharedlR DrivelAdmin\ TextlMarketinglProposals\ Proposals20201MP20- 0631MP20- 063. docx l
160 Jay M. Davidson, P. E. February 11, 2020 NI P20- 063 Page 4
T sl 3— 60%, 95% and Firra! PS E Su er it als
PEI will compile all field quantities collected from Task 2 into individual engineer' s estimates by street segmen# and will provide a summary spreadsheet of the entire project. Using these quantities, along with the pavement evaluation data ( Task 2C), PEI will meet with City staff to determine the most cost- effective rehabilitation approach for the project street. This meeting will be considered the 60% submittal. The 60% submittal will also include a review of the plans PEI has prepared for the base sheets.
W will draft technical specific ti n ar d d tails for typica! sections, tr nsitions, canforms, digouts, and additional pavement work will be prepared. PEI will submit any portion of the maintenance nrork that requires furfher clarification in the forrn of drafted plan views, details, levations, or cross s ctions, as is necessary. Wher it facilitates the design, PEI wil! use aerial photographs to develop base sheets: This information will be submitted to the City at the 95% design review. It is assumed that the existing striping will remain the same. Changes in the striping pattern will constitute a change in scope.
After reviewing the 95% submittal, we will meet with City staff to r solve any outstanding issues and will adjust the contract documents accordingly. A final 100% submittal will follow.
Task 3C— u Rarr p L) signs
PEI will develop ramps designs for non- compliant rarnps identified during the investigation phase of the project. Our work will include field measuring the needed ramp locations to determine the estimated construction quantities and preparing estimates for inclusion in the project' s bid schedule.
If the ramps are complicated by s#eep slopes, existing utility boxes, poles or other obstructions, PEI will provide a more detailed design that will be inciuded in the project plans. Detailed ramp designs will include localized topographic surveying.
or this work, PEI has estimated that 17 ramps that will require designs. PEI will ir voice for thA rar p nrork on a time and rt a#erial basis.
7'as 3— D liv rables
a The 60% vvill include a budget breakdown and LCCA for the project street. The 95% submitfals will include two sets of 11" x 17" plan sets as well as electronic format.
Z:\ Shared\ R DrivelAdmin\ Text\ Marketing\ ProposalslProposals2020\ MP20- 0631PAP20- 063. docx
161 Jay M. Davidson, P. E. February 11, 2020 MP20- 063 Page 5
Final approved drawing submittals will include two complete sets of full- sized hard copy paper plans and an electronic copy of the plans including a complete e- transmit of AutoCAD files with all x-ref and pen settings, and a PDF copy of all the drawing sheets submitted. Final specification submittals shall include one hard copy paper document bound and electronic copies in Word and PDF format.
SF 4— 9 PE o() D F 11
During the bid period, we will be available to answer any specific questions from the City concerning the design. Should the need arise, we will prepare an addendum as required. In addition, we will also be available to attend a pre- bid meeting and for help with questions from the contractors during the bidding process. All fees for this task will be on a time and materials basis.
1' ASK 5 — CONSTRl1CTION PHI aSE
Task 5A — General uppo f Senrices
During construction, PEI will be available to the City' s construction staff to attend construction meetings and respond to contractor questions concerning the plans
and specifications. If needed, we will be available to make site visits and respond to RFIs during the construction process. In addition, we can review design questions, submittals, and construction problems. We can assist the City in processing change orders by providing written recommendations. PEI will provide these services on an as- needed basis. All fees for this task will be on a time and materials basis.
Task 5 — Prepare As- uilt dra vings
PEI will prepare as- built drawings from the red- line construction set prepared by the City' s selected CM firm for the project. The as- built drawings will be prepared in AutoCAD format. PEI will coordinate with the CM firm for any red- line
clarifications.
Excluded 19ork
Our work excludes developing traffic control plans, locating underground utilities and providing testing or inspection services during construction. These services can be added to our scope at any time for additional fees. PEI will provide a proposal for any these services at the City' s request.
Z:\ SharedlR DrivelAdmin\ TextlMarketinglProposals\ Proposals20201MP20- 0631MP20- 063. docx
162 Jay M. Davidson, P. E. February 11, 2020 MP20- 063 Page 6
We understand that time is of the essence and that the City of Lathrop wants to bid the project as quickly as possible. Our estimated scope of work will require 8 to 12 weeks to complefe Tasks 1 through 3 to final PS& E submittals.
We will begin work as soon as we receive a notice to proceed. Our total estimated fee for
estimated breakdown schedule. All performing this work is outlined on the attached fee work is subject to final negotiation with the City of Lathrop. The attached proposal conditions will apply.
Please feel free to contact me at ( 805) 781- 2265 with any questions.
Very truly yours PAVEM NT N INEERIIVG INC.
Jo . Ririe, P. E. Senior Principal Engineer
Attachments: Estimated Fee Breakdown Schedule; Proposal Conditions
pc: C File M File MP Files
Z:\ SharedlR Drive AdminlText\ Marketing\ Proposals\ Proposals20201MP20- 063\ MP20- 063. docx
163 Jay M. Davidson, P. E. February 11, 2020 MP20- 063 Page 7
ESTIMATED FEE BREAKDOWN SCHEDULE
CITY OF LATHROP ADAMS STREET PAVEMEIVT REHABILTIATION PROJECT
Position Rate Hours Totai
Senior Principal Engineer 240 24 5, 760
Assistant Engineer 160 24 3, 840
s; imated Task 1 Fee: 9, 6013
Task 2A Measurement of Field Quantities and ADA Ramp As essment for Compliance
Assistant Engineer 5160 8 1, 280
Senior Engineering Technician 145 16 2, 320 Engineering Technician 135 16 2, 160
Estomated Task 2A Fee: 5, 76U
Task 2B Topographic Sur ey nd Monumeri# Perpe uation
Assistant Enyineer 160 8 51, 280
Geo- West 15, 785
Estimated Task 28 F e: 1?, 065
T ask 2C Pa emerst Evaluation and l nalysis
Senior Prir ipal r ineer w24J 2- S5, 760
Assistant Engineer 160 8 1, 280
Senior Engineering Technician 145 8 1, 160
EstimatEd Task 2C Fe: 200
Task 3A Conce st l. evel Budget Analysis
Serior r rin;, ipal Eng neer S240 4 5960
Assistant Engineer 160 8 1, 280
Senior Engineering Technician 145 8 1, 160
Esi, a7atLd Task 3 Fe: 3, 4D?
Task 3B 6Q%, 5% and Final P5& E Submittal
Senior Principal Erg; r e r 0 9, 6JJ
Assistant Engineer 160 112 17, 920
Senior Engineering Technician 145 96 13, 920 Engineering Technician 135 96 12, 960
Estimated Task 36 Fee: 54, 400
Z:\ Shared\ R DrivelAdmin\ Text\ MarketinglProposalslProposals2020\ MP20- 063\ MP20- 063. docx
164 Jay M. Davidson, P. E. February 11, 2020 M P20- 063 Page 8
e. a,
Senior Principal Engineer 240 32 7, 680
Assistant Engineer 160 112 17, 920
Senior Engineering Technician 145 112 16, 240
Estimated Task 3C Fee: 41, 840
Senior Principal Engineer 240 16 3, 840
Assistant Engineer 160 16 2, 560
t; r: ' s 4 Fee: f,40 D
s
C sk 5A Generai up ort ervic
c+ C 2 i S 7',
Assistant Engineer 160 24 3, 840
Fszir i s F: 9, 600
asic 5B Prepare As- Bui4t D awing i_ j I__-- fV\ l I vi" ki1 L S i i)1 i- 1111`' L. 1 :' i
Assistant Engineer 160 16 2, 560
Estimated 7' 4; 5 e: 3, 040
ii
Z:\ Shared\ R Drive Admin\ Text\ Marketing\ ProposalslProposais2020\ MP20- 063\ MP20- 063. docx t„ Gl
165 Jay NI. Davidson, P. E. February 11, 2020 MP20- 063 Page 9
PROPOSAL CONDITB iVS
i 1. Proposal is valid fior thirty days from the date of the proposal.
2. All work shall be perforrned utilizing common methods and practices of the civil engineering profession. Reports and construction documents will be signed by a registered civil engineer.
3. Fees for Lump- Sum or lJnit Price Proposals will be charged at the quoted price. The quoted prices include all laboratory testing costs. Fees for Engineering and Technical Services on a Time and Materials Basis will be charged at the applicable hourly rates of the current PEI Fee Schedule.
4. The praposa! is based. upon providing liability insurance with limits up to 2, 000, 000.
5. Payment: Invoices will be submitted at the completion of the work for Engineering Reports. Inspection fees will be invoiced on a monthly basis. All invoices are due upon receipt. Interest of 1- 1/ 2% per month ( but not exceeding the maximum rate allowable by law) will be payabl on any amounts not paid within 30 days, payment thereaftar to be applied first to accrued interest and then to the principal unpaid amaunt. A#torneys' fees or other costs incurred in collecting any delinquent amount shall be paid by the client.
Z:\ Shared\ R DrivelAdmin\ TextlMarketing\ Proposals\ Proposals2020\ MP20- 0631MP20- 063. docx
166 ITEM 4. io C
T CITY MANAGER' S REPORT MARCH 9, 2020, CITY COUNCIL REGULAR MEETING
ITEM: APPROVE FEE CREDIT AGREEMENT WITH LATHROP LAND ACQUISITIONS, LLC AND S7AFCA FOR ULOP FLOOD PROTECTION DEVELOPMENT IMPACT FEES
RECOMMENDATION: Adopt Resolution Approving a Fee Credit Agreement with Lathrop Land Acquisitions, LLC (" Saybrook") and San Joaquin Area Flood Control Agency ( S7AFCA) for Urban Level of Flood Protection ( ULOP) Development Impact Fees
SUMMARY:
In January 2017, the City Council approved an Interim 200- year Urban Level of Flood Protection ( ULOP) Levee Impact Fee. On November 8, 2018, the San Joaquin Area Flood Control Agency ( SJAFCA) adopted the Regional ULOP Development Impact Fee ( DIF) with Resolution 18- 21. On December 10, 2018, Lathrop approved an Agreement to collect the SJAFCA' s Regional DIF and terminated Lathrop' s Interim Levee Impact Fee.
Lathrop Land Acquisitions, LLC ( often referred to as " Saybrook"), the developer of the Stanford Crossing Project ( Attachment C") in Central Lathrop Specific Plan area CLSP), is required under various entitlements to pay Capital Facility Fees to fund the construction of certain public facilities and infrastructure that will be of benefit to their property. In connection with the development of Stanford Crossing, Saybrook advanced funding toward the effort to allow Lathrop to make findings of adequate progress toward establishing a 200- year Urban Level of Flood Protection, accruing Prior Advance Funding Credits toward the DIF in the . amount of 712, 480. 46.
The purpose of the Fee Credit Agreement is to provide clarity as to how to credit advanced funds to the eventual obligation of a developer to pay the DIF prior to building permits being issued. The Fee Credit Agreement allows Lathrop to collect the full DIF from homebuilders, and give Saybrook a portion of their Prior Advance Funding Credit with each building permit. Staff recommends City Council approve the Fee Credit Agreement with Saybrook and with SJAFCA ( Attachment B) regarding SJAFCA flood protection related Development Impact Fees.
167 CITY MANAGER' S REPORT PAGE 2 MARCH 9, 2020, CITY COUNCIL REGULAR MEETING APPROVE FEE CREDIT AGREEMENT WITH SAYBROOK AND SJAFCA FOR ULOP FLOOD PROTECTION DEVELOPMENT IMPACT FEES
BACKGROUND:
In January of 2018, the County of San ] oaquin ( County), the San Joaquin County Flood Control and Water Conservation District, and the cities of Stockton, Lathrop, and Manteca executed an Amended and Restated Joint Exercise of Powers Agreement ( JEPA") to reform the San Joaquin Area Flood Control Agency Agency") with a common goal of expanding the Agency to allow a coordinated effort to reduce flood risk in the Mossdale Tract Area ( the ' Program").
SJAFCA then prepared the Mossdale Tract Area Regional Urban Level of Flood Protection Development Impact Fee Nexus Study (' Nexus Study") that describes and determines the applicable Mossdale Tract Area Regional Urban Level of Flood Protection Development Impact Fee ( DIF") and sets forth the required findings pursuant to Government Code Section 66000 et. seq. and approved the Nexus Study and adopted the DIF. SJAFCA and the Land Use Agencies have executed an Agreement for Collection of San Joaquin Area Flood Control Agency Mossdale Tract Area Regional Urban Level of Flood Protection Development Impact Fee (' Collection Agreement") that provides that the Land Use Agencies, as a condition of issuance of a building permit for new development in the Program Area, collect and transmit to SJAFCA the applicable DIF for the development project for which such building permit is to be issued.
Prior to the development of SJAFCA' s DIF, Saybrook advanced funding toward the Program to allow Lathrop to make Findings of Adequate Progress toward establishing ULOP flood protection, accruing Prior Advance Funding Credits toward the DIF in the amount of $ 712, 480. 46. The Fee Credit Agreement is to provide clarity as to how to credit advanced funds to the eventual obligation of a developer to pay the DIF prior to building permits being issued.
The Fee Credit Agreement allows Lathrop to collect the full DIF from homebuilders, and give Saybrook a portion of their Prior Advance Funding Credit with each building permit which equals to 4. 2 65% as shown on Table 1 of Exhibit B to attachment B. In accordance with the Advance Funding Credit and Reimbursement Policies and Procedures Study, which is an attachment to the Advanced Funding Agreement, the total advance funding of $ 712, 480. 46 will be returned to Saybrook incrementally over the first 418 building permits.
REASON FOR RECOMMENDATION:
Staff recommends City Council approve the Fee Credit Agreement with Lathrop Land Acquisitions, LLC ( Saybrook) and with SJAFCA regarding SJAFCA flood protection related Development Impact Fees.
168 CITY MANAGER' S REPORT PAGE 3 MARCH 9, 2020, CITY COUNCIL REGULAR MEETING APPROVE FEE CREDIT AGREEMENT WITH SAYBROOK AND S7AFCA FOR ULOP FLOOD PROTECTION DEVELOPMENT IMPACT FEES
FISCAL IMPACT:
In accordance with the Agreement, the City shall reimburse Saybrook a portion of the DIF collected from the first 418 residential building permits in the Stanford Station Project in CLSP, until the full amount of $ 712, 480. 46 is reimbursed. The balance of the DIF will be forwarded to SJAFCA. After Saybrook is fully reimbursed, all future DIF from the Stanford Crossing Project will be forwarded to SJAFCA. Reimbursement to Saybrook will only come from DIF collected in the Stanford Crossing Project.
ATTAC H M E NTS:
A. Resolution Approving a Fee Credit Agreement with Lathrop Land Acquisitions, LLC ( Saybrook") and San Joaquin Area Flood Control Agency ( SJAFCA) for Urban Level of Flood Protection ( ULOP) Development Impact Fees
B. Fee Credit Agreement for Developer Contribution Toward the San Joaquin Area Flood Control Agency Mossdale Tract Regional Urban Level of Flood Protection Development Impact Fee
C. Site Plan for Stanford Crossing Project in CLSP
169 CITY MANAGER' S REPORT PAGE 4 MARCH 9, 2020, CITY COUNCIL REGULAR MEETING APPROVE FEE CREDIT AGREEMENT WITH SAYBROOK AND S7AFCA FOR ULOP FLOOD PROTECTION DEVELOPMENT IMPACT FEES
APPROVALS:
I--+ _ 3—Z- Zo2o Michael King Date Public Works Director
Glenn Gebhardt Date City Engineer
Cari Ja e Date Finance a d Administrative Service irector
Z.. 2. 7 - 2. 0 20 Salvador Navarrete Date City Attorney
3•cf 2oZ
S en J. Salvatore Date City Manager
170 RESOLUTION NO. 20-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING A FEE CREDIT AGREEMENT WITH LATHROP LAND ACQUISITIONS, LLC ( SAYBROOK") AND SAN JOAQUIN AREA FLOOD CONTROL AGENCY ( S AFCA) FOR URBAN LEVEL OF FLOOD PROTECTION ULOP) DEVELOPMENT IMPACT FEES
WHEREAS, Lathrop Land Acquisitions, LLC, ( often referred to as " Saybrook") the developer for the Central Lathrop Specific Plan Area ( CLSP) is required under various entitlements to pay Capital Facility Fees ( CFF) to fund the construction of certain public facilities and infrastructure that will be of benefit to their property, including the Urban Level of Flood Protection_( ULOP) Development Impact Fees; and
WHEREAS, in January, 2017, the City Council approved an Interim ULOP Levee Impact Fee; and
WHEREAS, by approving Resolution 18- 21, the San ] oaquin Area Flood Control Agency ( SJAFCA) established on November 8, 2018, the San Joaquin Area Flood Control Agency Mossdale Tract Area Regional Urban Level of Flood Protection Development Impact Fee (" DIF"), for the purpose of assisting in the financing of levee improvements and related flood risk reduction measures necessary to provide at least a 200- year level of flood protection to lands within the 200- year floodplain along the San Joaquin River in the Mossdale Tract Area and to thereby offset the increase in damageable property that is placed in the levee protected floodplain as new development occurs in this area, and that regional DIF was intended to replace the Interim Impact Fee approved by the City of Lathrop; and
WHEREAS, SJAFCA and the Land Use Agencies ( Lathrop, Manteca, Stockton and San Joaquin County) have executed an Agreement for Collection of San Joaquin Area Flood Control Agency Mossdale Tract Area Regional Urban Level of Flood Protection Development Impact Fee ( Collection Agreement") that provides that the Land Use Agencies, as a condition of issuance of a building permit for new development in the Program Area collect and transmit to SJAFCA the applicable DIF for the development project for which such building permit is to be issued; and
WHEREAS, prior to the development of SJAFCA' s DIF, some developers advanced funds to the Land Use Agencies in furtherance of the Program, and in the future other developers may advance moneys in furtherance of the Program, and in both of these cases clarity is needed as to how to credit these funds to the eventual obligations of the developers to pay the DIF prior to building permits being issued; and WHEREAS, over the past several years, Saybrook advanced funding toward the effort to allow Lathrop to make Findings of Adequate Progress toward establishing ULOP flood protection, accruing Prior Advance Funding Credits toward the DIF in the amount of $ 712, 480. 46; and
171 WHEREAS, the purpose of this Fee Credit Agreement is to provide clarity as to how to credit advanced funds to the eventual obligation of a developer to pay the DIF prior to building permits being issued, and will allow Lathrop to collect the entire DIF and reimburse a portion to Saybrook and remit the balance to SJAFCA, until Saybrook if fully paid back.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Lathrop does hereby approve a Fee Credit Agreement with Lathrop Land Acquisitions, LLC and with SJAFCA for ULOP flood protection related Development Impact Fees.
172 9t" The foregoing resolution was passed and adopted this day of March, 2020, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
173 ATTACHMENT B
FEE CREDIT AGREEMENT FOR DEVELOPER CONTRIBUTION TOWARD THE
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA REGIONAL URBAN LEVEL OF
FLOOD PROTECTION DEVELOPMENT IMPACT FEE
This Fee Credit Agreement (" Agreement") is made and entered into on by and among the San Joaquin Area Flood Control Agency (" SJAFCA"), the Lathrop Land
Acquisitions, LLC (" Developer"), and the City of Lathrop (" Land Use Agency"). A signatory to this Agreement is referred to herein as a Party, and collectively each Party is referred to as the
Parties.
RECITALS
WHEREAS, in January of 2018, the County of San Joaquin ( County), the San Joaquin
County Flood Control and Water Conservation District (" SJCFCWCD"), and the cities of Stockton, Lathrop, and Manteca executed an Amended and Restated Joint Exercise of Powers
Agreement (" JEPA") to reform the San Joaquin Area Flood Control Agency (" Agency") with a common goal of expanding the Agency to allow a coordinated effort to reduce flood risk in the
Mossdale Tract Area( the" Program").
WI3EREAS, SJAFCA, through certain state legislation and through the execution of the
Amended and Restated Joint Exercise of Powers Agreement, has legal authority to prescribe, revise and collect fees as a condition of development of land ( JEPA Section 7.m) for the purpose of assisting in the financing of flood control facilities, including the authority to make such fees applicable to development of land within the County, Stockton, Lathrop, and Manteca
collectively, " the Land Use Agencies").
WI3EREAS, SJAFCA has exercised this. authority by approving Resolution 18- 21
Establishing the San Joaquin Area Flood Control Agency Mossdale Tract Area Regional Urban
Level of Flood Protection Development Impact Fee (" DIF Resolution"), for the purpose of assisting in the financing of levee improvements and related flood risk reduction measures necessary to provide at least a 200- year level of flood protection to lands within the 200- year floodplain along the San Joaquin River in the Mossdale Tract Area(" Program Area")
Page 1 of 9 Mossdale Tract Fee Credit Agreement
1549678. 1
174 and to thereby offset the increase in damageable property that is placed in the levee protected floodplain as new development occurs in this area.
WHEREAS, SJAFCA has prepared the Mossdale Tract Area Regional Urban Level of
Flood Protection Development Impact Fee Nexus Study (" Nexus Study") that describes and determines the applicable Mossdale Tract Area Regional Urban Level of Flood Protection
Development Impact Fee (" DIF") and sets forth the required findings pursuant to Government
Code Section 66000 et. seq. and approved the Nexus Study and adopted the DIF.
WHEREAS, SJAFCA and the Land Use Agencies have executed an Agreement for
Collection of San Joaquin Area Flood Control Agency Mossdale Tract Area Regional Urban Level of Flood Protection Development Impact Fee (" Collection Agreement") that provides that the
Land Use Agencies, as a condition of issuance of a building permit for new development in the Program Area collect and transmit to SJAFCA the applicable DIF for the development project for which such building permit is to be issued.
WHEREAS, prior to the development of SJAFCA' s DIF, some developers advanced funds to the Land Use Agencies in furtherance of the Program, and in the future other developers may advance moneys in furtherance ofthe Program, and in both ofthese cases clarity is needed as to how to credit these funds to the eventual obligations of the developers to pay the DIF prior to building permits being issued.
WI3EREAS, certain developers may be willing to perform work in kind in support of the Program (such as planning, design, construction, or dedication of lands) in lieu of paying some or all of the DIF, and in some cases SJAFCA may determine that such work in kind is advantageous to the Program and may consent to the developer performing such work, but clarity is needed as to how to credit the work in kind toward the eventual obligation of the developer to pay the DIF prior to building permits being issued.
WHEREAS, the purpose of this Agreement is to provide clarity as to how to credit advanced funds or work in kind to the eventual obligation of a developer to pay the DIF prior to building permits being issued.
Page 2 of 9 Mossdale Tract Fee Credit Agreement
1549678. 1
175 COVENANTS
In consideration of the mutual promises and covenants herein contained, the Parties hereto agree as follows:
1. Incorporation of Recitals. The above recitals are incorporated in this Agreement by reference.
2. Credit & Reimbursement Studv. In cooperation with the Land Use Agencies that have received advanced funds, SJAFCA has prepared a Credit and Reimbursement Study
included as Exhibit A) that documents the total amount of payments received by the Land Use
Agencies as advances on future DIF obligations (" Prior Advance Funding Credit"). SJAFCA has committed to supplementing the Study when and if further advanced payments are made to document those payrnents. For any advance payments made, the Study also identifies the project or projects to which the advance payments should be applied. In preparing the Study ( or any supplement) SJAFCA also consulted with the developer to ensure that information in the Study was correct. Developer hereby agrees that the Study is correct as to the amount of the Developer' s Prior Advance Funding Credit and the project or projects to which the advance payment should be
applied.
3. Use of Prior Advance Fundin Cgredit.
a. As a result of the Developer accruing Prior Advance Funding Credits,
Developer has accrued credits toward the DIF in the amount of $ 712,480. 46. 1
Developer shall be permitted to apply this accrued credit to the DIF on a
proportionate basis as the Developer' s project or projects are/ is developed. The
basis for the proportionality will be the ratio of Remaining Credit to Total
Remaining Acres to be developed as provided in this Section 4.
1 This should be the total amount from the two categories. If the developer used any of the credits already, that will need to be addressed here. If so, we need to subtract that amount. Page 3 of 9 Mossdale Tract Fee Credit Agreement
1549678. 1
176 b. Definitions:
i. " Remaining Credit" is defined as the credit identified in Section 4.a above.
ii. "Total Remaining Acres" is defined as the acres to be developed which are
tlie difference between the Developer' s total developable GDAs as
identified in the Credit and Reimbursement Study and the amount of acres absorbed before January 9, 2019, or as subsequently revised by the Land
Use Agency and the Landowner.
c. As the Developer applies for building permits and the DIF becomes due, the Developer may fund a portion of the DIF based on the relative proportionality between the Total Remaining. Acres and the Remaining Credit, as calculated by the Land Use Agency. Nothing in this Agreement is intended to preclude the deferral of the DIF by the Land Use Agency consistent with any adopted fee deferral program by the Land Use agency. The DIF rate is based upon Initial Fee Rates in
November 8, 2018 Mossdale Tract Area Regional Urban Level of Flood Protection
Levee Impact Fee Nexus Study as adopted by SJAFCA Resolution 18- 21 on
November 8, 2018.
d. Notwithstanding any other provision of this Agreement to the contrary, in
the event that the Developer sells all or a portion of the land over which the Prior
Advance Funding Credit is intended to apply, the Developer shall have the option, with each building perxnit issued for the land subject to the Prior Advance Funding Credit, to request that the Land Use Agency ( i) collect the total DIF due for each building permit from the building permit applicant; (ii) transfer to the Developer an amount from the DIF equal to the portion of the Prior Advance Funding Credit applicable to the building permit, and ( iii) transfer the remaining DIF collected to
SJAFCA consistent with the Collection Agreement. The Developer shall notify the Land Use Agency of its intention to utilize this subsection prior to the Land Use Agency' s issuance of building permits.
Page 4 of 9 Mossdale Tract Fee Credit Agreement
1549678. 1
177 SJAFCA shall have no liability for failure by the Land Use Agency to utilize this
subsection. Upon request to SJAFCA from the Land Use Agency, SJAFCA will
evaluate the request and confirm if the request is consistent with this Fee Credit
Agreement. If the request is consistent with the Fee Credit Agreement, SJAFCA
shall notify Land Use Agency and Land Use Agency shall reimburse the Developer for the Prior Advance Funding Credit due upon receipt of the DIF from the permit
applicant. In the event that the request is inconsistent with the Fee Credit
Agreement, SJAFCA shall advise Land Use Agency, and the Land Use Agency shall advise Developer of any additional information needed from building permit
applicant and/ or other parties in order to reimburse Developer for the Prior Advance
Funding Credit.
4. Excess Credit. If the Remaining Credit accrued by the Developer is greater than the DIF applicable to the Total Remaining Acres in Developer' s project or projects, the Developer may elect from the following: ( i) Developer may elect to pursue an additional project or project within the Program Area to increase the Total Remaining Acres across which the Remaining Credit may be applied, or ( ii) Developer may apply for a refund from SJAFCA. SJAFCA shall not be required to provide such a refund until such time as SJAFCA, in its sole and absolute discretion, determines that SJAFCA has excess funds collected from the DIF to complete the Program.
5. Notices. Notice to be provided to any Party to this Agreement arising out of matters pertaining to this Agreement shall be addressed as follows:
For Land Use Agency
City Manager 390 Towne Centerbrive Lathrop, CA 95330
City Clerk 390 Towne Center Drive Lathrop, CA 95330
Page 5 of 9 Mossdale Tract Fee Credit Agreement
1549678. 1
178 For Developer
Jeffrey M Wilson c/ o Saybrook Fund Advisors, LLC 303 Twin Dolphin Drive, Suite 600 Redwood City, CA 94065
For SJAFCA
Chris C. Elias Executive Director San Joaquin Area Flood Control Agency 22 East Weber Avenue, Suite 301 Stockton, CA 95202- 2317
Any party may change the address to which subsequent notice and/ or other communications can be sent by giving written notice designating a change of address to the other Parties, which shall be effective upon receipt.
6. Term. This Agreement shall be effective once executed by all Parties and shall remain in effect until all accrued credits have been applied or reimbursements have been received.
7. Modifications. This Agreement contains the entire understanding of the Parties and no alteration, amendment, variation, or waiver of the terms of this Agreement shall be valid unless made in writing and signed by all Parties. Waiver by any Party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent, or any other right hereunder.
8. Governing Laws And Jurisdiction. This Agreement shall be deemed to have been executed and to be performed within the State of California and shall be construed and governed by the internal laws of the State of California. Any legal proceedings arising out of or relating to this Agreement shalt be brought in the Superior Court of San Joaquin County, California.
9. Assignment; Binding on Successors. The rights and duties of the Parties may not be assigned or delegated without the written consent of all other Parties. Any attempt to assign or delegate such rights or duties in contravention of this Agreement shall be null and void.
Page 6 of 9
Mossdale Tract Fee Credit Agreement
1549678. 1
179 This Agreement shall be binding upon and shall inure to the benefit ofthe successors ofthe Parties hereto, respectively. Any approved assignment or delegation shall be consistent with the terms of any contracts, resolutions, indemnities and other obligations of the Agency then in effect.
10. Interpretation. This Agreement shall be deemed to have been prepared equally by all of the Parties, and the Agreement and its individual provisions shall not be construed or interpreted more favorably for one Party on the basis that another Party prepared it.
11. Entire A reement. This Agreement constitutes the entire contract between the
Parties regarding the application of credit to the DIF.' Any prior agreements, regarding the subject matter of this Agreement are hereby terminated effective immediately upon full execution of this
Agreement.
12. Severabilitv. Should any part, term or provision of this Agreement be decided by any court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining
portions or provisions shall not be affected thereby.
13. Duplicate Counterparts. This Agreement may be executed in duplicate
counterparts.
14. Interpretation. For purposes of this Agreement, references to " he" shall mean and
include" she," references to" him" shall mean and include" her," and references to" his" shall mean
and include" hers."
IN WITNESS WHEREOF, the Parties hereto liave caused this Agreement to be executed
on the day and year first above-written.
Page 7 of 9 Mossdale Tract Fee Credit Agreement
1549678. 1
180 LA1oTD USE AGENCY
By: APPROVED AS TO ' ORM Stephen J. Salvatore City Manager 390 Towne Center Drive By: Lathrop, CA 95330 Salvador Navarrete City Attorney
DEVELOPER
By: Jeffrey M Wilson c/ o Saybrook Fund Advisors, LLC 303 Twin Dolphin Drive, Suite 600 Redwood City, CA 94065
SJAFCA
By: APPROVEI) AS 'I'O FOIBM Chris C. Elias Executive Director San Joaquin Area Flood Control Agency By: 22 East Weber Avenue, Suite 301 SCOTT L. SHAPIRO Stockton, CA 95202- 2317 SJAFCA Attorney
Page 8 of 9 Mossdale Tract Fee Credit Agreement
1549678. 1
181 ADVANCE FUNDING CREDIT
EXHIBI'I' A
MOSSDALE TRACT ACRE REGIONAL URBAN LEVEL OF FLOOD PROTECTION
ADVANCE FUNDING CREDIT AND REIMBURSEMENT STUDY
Page 9 of 9 Mossdale Tract Fee Credit Agreement
1549678. 1
182 m F
4
v ,
E , : F
a r . _ . c c c s t Area E .
e
o = g;i o n=a1- l rbanF LeveEi of rc o=d ra te tiar
x F . 6
kp v ' ' e :
n e iE E e:
g Ni 6v 1 sV l C I C pI} Ef l AN`D C a e rt E/ V( J;R/ I: I J = IC IE AND
R E= R CJD3Y ;_ . 9 . - = a .
m . . s =. =
9 . s a : o ¢ -
a . 4.
3
c . . - .= a g . . . .
P re c red for: Th a J aqui Ar a Ic c 1 Cs r r f l ger cy (SJAFCA)
C7 tc er 1 i, d' 7
e
o a .
www. larsenwurzel. com
183 SJAFCA Mossdale Tract Regional ULOP Advance Funding Credit& Reimbursement Study October 15, 2019
TABLE OF CONTENTS
Tableof Contents...... i
Listof Tables...... ii
Listof Appendices...... ii
Listof Abbreviatons...... iii
1. Overview...... 1
Pufposeof Study...... 1
Background...... :...... 1
Regional Levee Impact Fee and Landowner Advance Funding...... 1
Cities of Lathrop and Manteca Joint Financing...... 2 Interim Seed Money Funding ...... :...... 2
2. Landowner Credit And Reimbursement Amounts ...... 3
Landowner Advance Funding Amounts...... 3
ProjectAcreage...... 3
Calculation of Credit and Reimbursement Amounts...... 3
3. Credit Policy...... 5 Crediting for Prior Advanced Funding...... 5
Use of Prior Advance Funding Credit...... 5
Construction of Facilities Funding Credit...... 5
CreditImplementation...... :...... 6
4. Reimbursement Policy...... 7
Reimbursement of Prior Advanced Funding in Excess of the Fee Obligation Due...... 7 Landowners Due Reimbursement for Funding in Excess of the Regional Levee Fee
Obligation...... 7
Local Agencies Due Reimbursement for Advance Funding...... 7 Local Agencies Due Reimbursement for Interim Seed Money Funding...... 8
Reimbursement Implementation ...... 8
LAP,SEf I VVURZEI 1015 3 lssociates. Inc. I 1 SO1011 SIAFCA Mossdale DIF Credit& Reimbursement Study 2019 184 SJAFCA Mossdale Tract Regional ULOP Advance Funding Credit& Reimbursement Study October 15, 2019
LIST OF TABLES
Table 1— Landowner Credit Calculations ...... 9
Table 2— Local Use Agency Advance Funding Reimbursements...... 10
Table 3— Local Agency Interim Seed Money Funding Reimbursements ...... 11
LIST OF APPENDICES
Appendix A— Landowner Advance Funding Details
Appendix B— Landowner Project Details
Appendix C— Fee Credit Agreement Template
Appendix D— Local Agency Advance Funding Details
Appendix E— Interim Seed Money Funding Agreement
A LAP.SEN IURZEI 1801011 SJAFCA Mossdole DIF Credlt& Re mbursement Study 2019 1015 a ASscticY6' s, InG. jj
185 SJAFCA Mossdale Tract Regional ULOP Advance Funding Credit& Reimbursement Study October 15, 2019
LIST OF ABBREVIATONS
Adequate Progress Report 2019 Adequate Progress Update prepared by LWA
BOD Board of Directors
Constructed Facilities Funding Credit Total Credit for the Construction of Project facilities
Fee or Regional Levee Fee SJAFCA Regional Levee Impact Fee
GDA Gross Developable Acreage
Local Agencies Cities of Lathrop, Manteca, and Stockton, and San Joaquin County
LFMA Local Flood Management Agency
LWA Larsen Wurzel& Associates, Inc.
Mossdale Tract Area Project Phase 4 Levee Improvements
Study Advance Funding Credit and Reimbursement Policies and ProceduresStudy
SJAFCA San Joaquin Area Flood Control Agency
ULOP Urban Level of Flood Protection
L, P.SEN VURZEI 180101 1 SJAFCA Mossdale DIF Credit& Reimbursement Study 2019 1015 u AssGC:< rt s. nC. III
186 SJAFCA Mossdale Tract Regional ULOP Advance Funding Credit& Reimbursement Study October 15, 2019
1. OVERVIEW
Purpose of Study
Larsen Wurzel & Associates, Inc. ( LWA) has prepared this Mossdale Tract Area Regional Urban Level of Flood Protection ( ULOP) Advance Funding Credit and Reimbursement Policies and Procedures Study ( Study) at the
request of the San Joaquin Area Flood Control Agency( SJAFCA). The purposes of the study are as follows.
Account for and establish the amounts of prior advance funding creditable towards the SJAFCA Regional Levee Impact Fee( Fee or Regional Levee Fee) by landowners through payment ofthe interim development fees or participating in other advance funding agreements. Establish the corresponding amounts of acreage credit toward the Fee by those landowners as a result of their prior advance funding. Establish the corresponding amounts of reimbursements due to landowners as a result of advance funding amounts in excess of the Fee due on their project ( if any). Establish the policies and demonstrate the methodology by which acreage credit toward the Fee will be used by those landowners with development left to construct in their project(s). Establish the policies and procedures and demonstrate the methodology by which reimbursements for funding in excess of the Fee due on a project is paid ( if any). Establish the amounts of reimbursements due to certain loeal agencies as a result of providing advance funding and Interim Seed Money Funding. Reiteratethe policiesand establishthe procedures bywhich reimbursementsforadvancefundingand Interim Seed Money Funding is paid.
This study is divided into four sections including this Overview as Section 1.
Section 2 provides the landowner credit and reimbursement amount calculations based on the Fee. Section 3 outlines the credit policies and how the credit for advance funding is to be used by landowners as they build
out the remainder of their project( s). Section 4 provides the reimbursement amounts for local agencies. Section 5 provides the reimbursement policies and describes how and when the reimbursements for advance funding in will be paid to landowners and local agencies.
Background
Regional Levee Impact Fee and Landowner Advance Funding
As described within the 2019 Adequate Progress Updatel prepared by LWA( Adequate Progress Report), the Cities of Lathrop, Manteca, and Stockton, and San Joaquin County ( collectively, the Local Agencies) entered
1 The 2019 Annual Adequate Progress Report can be found on SJAFCA' s website at the following location: http:// www. sjafca. com/ pdf/ mossdale/ Report0419. pdf.
a; sEr wuRZEt 1 SO101 1 SJAFCA Mossdole DIF Cred t 8 Re mbursement Study 2019 1015 2 lsscci
