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Home My WebLink About _ 4.11(e)--Award RFP No. 5518 CM Services OOT Shoulder Widening � � �' � � � � � � ' � �' � � ' � ` CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: May 20,2025 FROM: Michael Webb, Public Works ITEIVI NO. 4.11(e) Director ***APPROVED BY*** � �c a� � �bEi� 'c�r�Cs I7�reetcsr 5;t�r'2t}`?� r5�' �p�i��,C�i �r� �, ^��'1�,{'2{�?. mwebb@cityofredding.org btippin@cityofredding.org SUBJECT: 4.11(e)--Award Request for Proposals (Schedule No. 5518) Construction Nlana ement and Ins ection Services for the 01d Ore on Trail Shoulder Widenin Pro'ect. Recommendation Authorize and approve the following actians relative to Request for Proposals (RFP) - Schedule No. 5518, Construction Management and Inspection Services for the Old Oregon Trail Shoulder Widening Project(Project): (1) Award RFP to TRC Companies; (2) Authorize the Mayor to execute a Consulting and Professional Services Contrac� for a not-to-exceed fee of $346,440.93 with TRC Companies to provide Construction Management and Inspection Services for the Old Oregon Trail Shoulder Widening Project; and (3) Authorize the City Manager to approve Contract amendments not-to-exceed$50,000. Fiscal Impact Funding for the Old Oregon Trail Shoulder Widening Project is by a combination of 51 percent Federal Safety Program funds (HSIP) and 49 percent City of Redding's (City) Street Department funds. Alternatzve Action The City Council (Council) may choose not to award this contract, in which case, staff would be required to manage construction management and inspection. This would require either consultant services to be solicited for other capital work or a reduction in the City's Capital Program delivery. Report to Redding City Council May 13,2025 Re: 4.12(e)--Award RFP No. 5518 CM Services OOT Shoulder Widening Page 2 Background/flnalysis The project is approximately 1.1 miles in length and includes adding 6-foot paved shoulders/bike lanes from Paso Robles Avenue to Bear Mountain Road. Portions of the project will include full reconstruction, new construction, partial reconstruction, cold milling and paving. Construction activities are anticipated to commence in mid-May, and given the current volume of capital projects currently and anticipated to be active this construction season, consultant services for cont�act administration of this project are needed. CONSULTANT SELECTION PROCESS In August 2024, a formal Request for Proposals (No. 5518), outlining the specific scope of work, was advertised. Proposals were required to include a scope of work and proposed fee. Proposals and fee schedules were received on September 20, 2024, from two firms. A review and selection panel were formed with members from the Public Works Department. Based upon proposal review and experience, the panel ranked the firms as follows: FIRM RANK TRC Companies 1 Ghirardelli Associates 2 Proposals were evaluated based on their understanding of the scope of work, ability to meet the proposed schedule and maintain the project budget, experience and quali�cations of the proposed staff, ability to work with City staff,project approach, familiarity with state and City of Redding procedures, and geographic location of the team. Applying the criteria to the proposals, the selection panel determined that TRC Companies was the best qualified firm to provide the required services for this project. Following the evaluation and ranking, TRC Companies proposed fees were opened, evaluated, and negotiated to include reasonable costs based on the scope of services as well as previous similar projects cost comparisons. The consultant fee is estimated and the contract will be for actual work performed. However, staff recommends the approval of an additional $50,000 in contingency reserve. Contingency funds may be necessary due to unforeseen project issues. If this reserve needs to be utilized, a contract amendment would be negotiated with the consultant and the contract would be modified with approval of the City Manager. A professional services agreement with TRC Companies has been approved as to form by the City Attorney's office and is attached. Environmental Review This action is not a project as defined by the California Environmental Quality Act (CEQA). On February 15, 2022, the Council adopted the Mitigated Negative Declaration and Mitigation Monitoring Program, and approved the Old Oregon Trail Safety Improvement Project thereby satisfying the requirements of the CEQA Guidelines §15074. No further action is required. Report to Redding City Council May 13,2025 Re: 4.12(e)--Award RFP No. 5518 CM Services OOT Shoulder Widening Page 3 On January 21, 2022, Caltrans determined that the project is categorically excluded from review under tl�e National Environmental Policy Act, pursuant to 23 CFR 771.117(c): activity (c)(26) — Modernization of a Highway. Council Prio�ity/City NfanageN Goals This agenda item is a routine operational item. 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A =- . ___._..._� / � ��'� P �� '�,.� r � 3 : � t �._ „ � �. 1 ,,= z - L N8E \� . U. M�� ,a+� � _ � �l -�s � � -_a , -�' � . � 7 r' `�� -' 1 �y,� ��, , �� - � , � _�� r � , ; (� 1 �� •o�` __-'�� 1 ,r' 1 ' � , _� t, �`� ' ---- � _..� � - r g�s� +�`� � ,-' - -- .E , OP .§*� .� ,., �., i ; � .r � i� ..__. } �" f,.� `..... �- �.�.; �.: �r-� ,.,� � r '( ^"`�-� '`.„„�,,r^_ � � t ��__.�'" ( l „,,. i ` � ,..._t � ' ...,�� F 1 '``:--..._t _,�.�-__."'� t '^..�...' _ N GIS DIVISION �OCATION MAP MTG.DATE: INFORMATION TECHNOLOGY DEPARTMENT W E DATE PRODUCED: ITEM: DECEMBER15,2021 OLD OREGON TRAIL SAFETY IMPROVEMENT S o zoo 400Feet CITY OF REDDING ATTACHMENT: � P:\Environmental Management\ProProjects\OldOregonTrailSafetyProject.aprx CE EXE PTit�N /NEPA CATE�tSRICAL EX�Lt►Stt)N DETE�t�Ili��►TI�P! Ft�R �r�v. 04/20�1) Proi�ct tr�formation P'raject Nam+�: City of Redding's 41d Qreg�n Traii Saf�ty �h�ulder Widening Pr�ject [�NST-CtJ-R1"E: l7�-SHA-FtDNG Qld Oregon Trail Rc�ad P�'17P : E�: Fecleral-Aid Pr�je�t hlumber: HSIPL �06� {C152) Pro4�ct �e�cription The C`ity of Redding, in cc�njunction with fihe Calif�rnia Dep�rtment af Transpc�rtati�n, prc�pr��es a safe#y impr�v�ment project (�roject) r�r� a 1.�-miie segment of C?id C7regc�n T'raif r�adw�y, b�ginning abc�ut 1(��feet south c�f Paso Rables Avenue ar�d ext�nding c�enerally ndrt� tc� Bear PVlc�urttain Rc�ad ir� r�ortt�e�st R��dinc�. The pr�je�t is rteec��d b�cause the existing ra�d ha� many small cunres and is n�rrc►w with r�o shoulders, which limits safe firavef �nd refuge for pedestrian�, bicycles and vehicles, The purpo�e c�f the prc�je�t is tt� irnprc�ve safety fc�r pedestri�ns, cyclists, and mc�torists. Caltrans CE i��erminaticrn {�heck one) � �tc�t�pplicabE�— Caltr�ns is nc�t the CEQA i�ead Agency ❑ Not A,pplic�ble— Caltrar�s Yt�� prepared an !� or EIR ur�d�r CEQA B�s�d an �n �xamination c�f this prop�sal and suppc�rting infcarmafion, tf�e prc�j�ct is: ❑ Exempt �y sta�ute. ��c 2�o�oC��; �� cc�a ��zsc� et se�:} ❑ Ca��gorically Exempf. Class Enter cl�ss. {PRG �108�4; 14 �CR �5300 et seq:} Ci Nc� �xceptic�n� appiy that wauld b�r the use c�f a categor�ca(exerr�ptic�n �PR� 2'1 t?84 and 14 CCR 1530t7.�), See#he �� for exceptions. ❑ Cc�v�red by the Cc�mman Sen�� E�emptit�n. This projr�ct does nat fall within �n ' exempt class, but it can be seen with certainty that ther� i� na possibility that the �ctivit�r may have � significant effect�n the enviranment {�4 CGI� 15�f�1[b}[3].} S�nic�r Environmental Planner or Environmental Branch Chi�f Lc�cal Agency€2e�pnnsible fc�r CEQA Print �lam� Sign�tur� Da�e Praject �flanager Lc+cal Agency Respc�nsible for C�QA Print Name �ignatare D�te i'age 1 af 3 , CE EXE PTIfJAI ! PIEP�► CATEGt��ICAL EXCL.USIQ CIETER I�ATI�?Pl FC3R Caitrar�s NEPA aeterrnir��tic�n (Che�k c�ne) ❑ Not�pplic�ble Caltrans has de#�rmin�d th�t this prc�ject has no signifieant impacts t�n th� envirc�nment as defined by NEPA, ar�d that th�r� �re n� unusual circumstance� �s descrik�ed in 2� �FR 771.117{b}. See ��€� �� 3 fc�r unusual circumstances, As �uch, th� prcaj�ct is c�tegc�rically excluded from th� requir�ments �o pr�p�r� �n E,� or E1� under RlEP,4 and i� included under the fic�llowing: � 23 lJSC �26. �alfirans has be�n assign�d, and hereby c�rfiifies fiha� ifi h�s c�rried aut the r�spc�t�sibility tc� rr��fi�e this defermir�atian purs�aant to 23 IJSC 326 and the Memt�randum of Understanding d�ted Apri1 1�, 2019, executed be�+veen �NWA and Caltrans. Caltrans has d�termin�d that th� project is a Categorical Exclusic�n under: � 23 C�R. 771.1�7�c): actNv�iy' (c){�6) ❑ 2� �FR 771.117(d): activifiyl (d}(Enter activifiy number) L Activity �nt�r�ctivrfiy r�umber If�t�d wn Ap�►endix A c�f the +C�tJ be een �H �i and Caltrans ❑ 23 U�C �2T: Based on ar� examination of this prc�p�sa[ and suppc�rtin� infc�rm�tian, CaCtr�ns ha� determined that the pr�ject is a �ategc�ri�al Exclusic�n under 23 U�� 327. The envirc�nmental review, c�nsultation, and any sather actions r�quired by applicable Fe�eral �nvir�nment�l laws for this prc�j�ct ar� being, �r h�ve been, carried c�ut by Caitrans pursuant tc�23 USC 3�7 �nd th� i�em�randum of Und�r�tanding dated De�ember�3, 2Ct76 and executed by F'HWA�nd Caltrans. �+eni�r Environmental Planner Qr Envic�nmerttal BrancY► Chief �'� -----~� < Chris �'�zzari, �EP ,'"��., � �~�� ,��; t�1121l2022 f . f Print Name Si�ii�atur� ` � �� ate Pr4ject anager! C3L.A Engir�eer Ian Howat, Dl.�,E `��``� �� (�l/2�./2022 Print Name Signature Dat� p�►te�f�ateg4�ica1 Exclus�ern �h+�ckli�t cc�mpletic�n {if ap�l�cabl�): 01/2�/�022 Cfate of Env�ronm�ntal;Cc�mm►tm�nt �ecard or equivalent: C}�/t�6/2�22 Briefly list envirc�nment�l commitmer�ts r�n cor�tinu�tit�n sheet if needetl (i,e., nc�t n�c��sary ifi included orr an aft�ched ECR). R�ferenc� �dditi�n�l infr�rmatic�n, �s �pprc�priate (e.g., �dditional studie� �nd d�sign cc�nditit�ns}, C?Id C7regon Trail Shoulder Widening Saf�ty Project Page 2 of� �eder�i-Aid F'resject Number: N�IP� 5068{�52} �. cE ExEn��-�ta�� EPA c,�T��o�'cAL E�cLus�c�� dETER INATIC?W Ft��M Cvntinc�ation sheet: The work car�sists �f: widenir�g the pavernent and restriping tQ include �ne standard '12 fi# lane in e�ch dir�ction with 6 ft p�ved shoulders to pr�avid� a�cess for pedestrians and bicycies; repl�cing deteriorat�� starm drain pipes und�rne�th fih� r�adway and ar�d extending them t� match the new width c�f tl�e road; re�rlacing and relocating utility pc�les; relocating �re hydrants and assc�ci�fe� water [ines th�t are in conflict with th� new roadway; and instaliing guardr�il where needed #� prevent ccalli�ic�ns with utiiity pales, tr�es, andlor fire hydrants , A number af live a�k, blue oak, and gray pine #ree��iil be r�mc�ved by the prc��ect. Exca�r�tic�n will c�ccur up t� a depth r�f�ppraximat�ly 5 feet in som�are�s to accammodate the utility adjustments {�re hydr�nts, stc�rm drains, etc.�, whi{e in most areas approximately 18-24 in�hes wilf be exc�uat�d to cc�nstruct the ne�v roadway sfructur�rl sectit�n. Utility pt�l�s will be in�talled to a depth of apprax. 15 ft. The widening will c�ccur c�n both sides of the roadway mc�stfy within the City right-af-way. Additit�nal Right of'Way {RflW}will be ne�;ded in two I�c�tic�ns tr� straighten cunres, and a temporaty ccanstructir�n easement may b� need�d to extend a culverti in c�ne focatic�n. Utility relc�cat'ron wEl1 also o�cur within the right-caf=wa}/. Three lc�ca#ic�ns wi11 be available ft�r contractor staging areas at e�isting graueled pull-outs�ithin the right-of way �I�ng C}fd C7reg�n Trail: twc� sauth �rf the project:site and one �t tF�e nc�rth end: Cvnsfructic�n will require crne-way traffic contrt�l, r�sulting in tr�vel delays of up tcr 20 minutes. 5ome por�ic�n� c�f the wc�rk may re�quire partiai ro�dway cic►sur�s and trafific detcrurs. It is �nticipated tha# constructic�n wc�uld take c�ne seasc�n �nd is planned for 2CI��. The �roject will ir��ro(ve Envirc�nmentally Sensitive Areas (ESA's) and �n E�A Actian Plan is on file fc�r the prc�jecf. An Enviranmental Cc�mmitrnenf Recc�rd (ECR}, which tracks cc�mmitm�nts f�rr the prc�je�t, is c�n file for�he �rc�ject and will be updated as new commitments are made: Any cornmitm�nts from reg��tt�ry ac�enc}� perrnits will be add�d to th� ECR as�he permits are obtained fc�r the proje�t. t71d bregon Tr�il Sh�aulder Widening Safety t�roje�t Page 3 of 3 Federal-Aid Praject Number: H51PL 5(l68 (052} C{}1�TSULTII'�TG AND PRt7lFESSIflNAL SERVICES CC}NTRACT WITH FHWA FUNDINGlASSISTANCE THrS CONTRACT ("Ct�ntract") is made at 12etiding, Califarnia, by and between the City af R.edding("City"}, a municipal carparation, and TRC Engineers, Inc, {"Consultant"), (collectively the "Parties" individually a "Party" far the purpc�se af con�truction management services for the {?Id C}reg�n Trail Shoulder Widening Project WHEREAS, a source of funding fcrr payrt�ent for professi�r�al s�rvices pravided under this Agreement is federal funds from the United 5tates D�partment af Transpc�rtation. WHEREA�,Consultant desires to perform and assume re5ponsibility for the provision of c�rtain professional services required by City on the terms and canditions set farth in this Contract. I�T(��, TI�ER��+'�I�E, the Parti�s covenant and agree, f�r goc�d cc�nsideration hereby acknc�wledged, as fc�llows: SECTItJN 1. CONSLTLTANT SERVrCES A. Subject to the terms an� conditions set forth in tihis Contract,Consultant shall provide tc� City the services described in Exhibit A, attached and incarporated herein. Co�sultant sha11 provide the services at th� time, place anc� in the mann�r specafied in Exhibit A. All C4nsultant persannel listed as members af the praj�et team in the attached exhibits shall remain on project unless prior approval for the change in personnel has been granted by City's Contract Adrninistrator, B. Consultant shall subrnit progress reparts at least once a rnonth. Each progress report should be sufficiently detailed for the Cantract Administrator, as noted in Section 10.A,to: I)determine if Cansultant is performing ta expectations and is c�n schedule, 2) provide communication af interim findings, and 3} sufficiently address any diffi�ulties or speciai problems encounter�d. C. Consultant's Praject Manager, as noted in Section 10.8., shall meet with Citiy's Cantract Administrator as needed to discuss pr�gress on the scope of work. D, Nc�thing contained in this Contr�ct�r otherwise shall create any contractual relation betwe�n City and any subcansultant, and nc� sui�contract sh�ll relieve �onsultant af its respansibilities and obligatians hereunder. Consultant agrees ta be as fully responsible to City for the acts and t�missic�ns of its subconsultants and of persons either directly or indirectly employed by any Qf thern as it is far the acts and omissions of persons directly employed by the Consultant. Consultant's c�bligatian to pay its sabcansultants is an independent c,bligation from the City's obligation to make paymertts to Cansultant. E. Consultant sh�11 perform the work contemplated with resaurces available within its ovvn organization and no portion of the work pertinent to this contract shalt be �Gonsuleing and ProCessiortnl Serrices ConlracVFHWA:ikFederntFundingAssrs�� .Pa.g� 1 � �� subcontracted without written authorizatian by City's Contract Administrator,except that, which is expressly identified in the approved Cost I'ropos�l. F. Gonsultant shall pay its subconsultants within se�en (7) calendar days fram receipt gf eac� payment made to Cc�nsultant by City, in accardance with the pr�vision in Sectian"7108:5 of the Califarnia Business and Prafessions Code. Cc�ncerning prompt payment to contractt�rs. The 7-day rule is�pplicable unless a tonger peri4d is agreed to in writing. Any delay csr postponemet�t af payment over 3'4-day5 may take place only for good cause and with the agency's prior writt�n approval. Any vic�lation of Section 710$.5 s�iall sui�ject the violating consultant t�r subconsultant to the penalties, sanctions,and oth�r remedies of that Sectian.This requirement shall not be cc�nstrued to limit or impair any contractual, administrative, or judicial remedies; otherwise available to the consultant ar subconsultants in the event of a daspute involving late paym�nt or nonpayment by the consultant, deficient subconsultant perfarmance, and/c�r non�ompliance by a subconsuttant: This clause appties to bc�th DBE and non- I}BE subconsultant. G. Any subcantract in excess of$Z5,000 entered inta �s a result of this contract shall cantain all thepravisions stipulated in this contract to be applicabie ta subconsultants. H. Any substitutian of subconsultants must be apprc,ved in writing by City''s Cc�nitract Administrator prior to the start of work by the subconsultant. I. Consultant and any subconsultant�hall permit City, the Stat� of Califc�rnia, and the Federal Highway Administration ("FHWA"), if federal participating funds are used in fihis Contract,to review and inspect the project activities and files at a11 reasonable times during the performance period of this Contract including review and inspection on a daily basis. SECTTON 2, +Cf)MPENSATIC?N ANlD REiMBURSEMENT t}F COSTS A. The m�thc�d of payment for this contract wil�be based on actual cost plu�a fixed fee, City will reimburse Consultant far actual costs (including labar costs, employee benefits, travel, equipment rental costs;overhead and other direct cost�) incurred by Consultant in perform�nce of the wt�rk. Consultant vuili not be re'rmbursed for actival casts that exceed the estirnated wage rates, employee b�nefits, travel, equipment rental,overhead,and other estimated casts set farth in the approved Consultant's Cast Prc�posal,unless additional reimburse�nent is prc�vided for by contract am�ndment.In np event, will Consultant be reimbursed far overhead casts at a rate that exceeds City's approved overhead rate set fc�rth in the Cost Prc�posal. In the euent, that City determines that a change t� the work from that specified in the C�rst Praposal and contract is required; the contract'time or actual costs reimbursable by City shall be adjusted by contract arnendment to accommodate the changed work. The maximum total cost as specifi�d in Paragraph "P' shall not be exceeded, untess authorized by contract amendment. B. In additir�n tQ the allowabie incurred costs City wi11 pay the Consultant a fixed fee of $25,209.13. The fixed fee is no�nadjustable far the term of the cantract, except in the Gonsattmg and Protesstanal�Services ContractlFHWA titiFederalFundingAs�sis� C c'l�� event Qf a signifieant change in the scape af work and such ad�ustment is rnade by cantract amendment. C. Reimbursement for tran�partation and subsistence costs shall nat exceed th� rates specified in the approved Cost Proposal. I�. When mil�stone cost estimates are included in the approved Cost Fraposal, Consultant shalt abtain prior written approval far a revised rnilestone cc�st estimate from th�Contract Administrator 6efore exceeding such cost estitnate. E. Progress payments will be made monthly in arrears based c�n services provided and allovvable incurred costs.A pro rate portion of Consultant's fixed fee will be included in the rnonthly progress payments. If Cansultant fails to submit the required delrverable items according to the schedule set for in the Stat�ment af Wark; City shall have the ri�ht to delay payment or terminate this Contract in accordance �vith the prc�visions of Section 3 "Term and Termination". F. No payment will be made prior ta approval of any work,nor for�ny work perfotmed prior'to appraval ofthis contract. G: Na retainage will be held by City frorn progress payments due Cansultant. Any retainage held by Consultant ar subconsultants fr�m progress payments due subcpnsultants shall be pr�mptly paid in full to subconsultants within thirty (34} calendar days after the subconsultant's work is satisfactorily completed. Federal law {49 C�'R26.29) requires that any delay or pc�stpanement of payment a�ver the thirty (30}da�s may take p�ace vnly for goad cause and with City''s prior written aPproval. Any vi�lation ofthis provisaon shal�subject the vic�Iating Corzsultant or s�abconsultant to the penalties, sanctic�ns and otk�er rernedies specified in �ectian 7108.5 of the Business and Prafessions Code.These requirements shall nc�t be cc�nstrued to litnit ar impair any contractual, administrative, or judicial re�nedies; t�therwise availabie t� the Consultant or subconsultant in the event of a dispute involving late payrnent or nonpayment by Consultant, defi�ient subconsu�t�nt performance, or nc�nc�mpliance by a subconsultant. H. Consultant wi1l be reimbursed as promptly as fiscal prt�cedures will permit upon receipt �y City's Contract Administrator of itemized invoices in triplicate. �nvoices sha11 be subtnitted na later than 45 cal�ndar days after the performance af wor�for whi�h CQnsultant is billing. Invoices shall detail the work perfarmed �n each rnilestone and each project as applicable: Invoices sha11 folla�the formati'stipulated for the approved Cast Prt�posal and shall reference this contract number and project tit1�. Final invoice must contain the final cost and all credits due City including any equipment purchased under the pr�visions of Section 4"EquipmentPurchase"ofthis cantract, The final invoice should be submitted within 60 calendar days after �ompletion af consultant's wc�rk.Invoices shall be emailed to City's acccaunts payable at the follawing address: ��c�a��t��c�� c��`��:r��°� ConsaltingandProCessronaf.Serv�ces�ControcVFHWA.wFederalFu�dmgAssis. Pa�� 3�� I. In accordance with Exhibit B, attached and incorporated herein, the total amount payable by G�ty including the fixed fee sha11 not exceed Three Hundred Forty-Six fihcrusand Four Hundred Forty Dollars and 93C100 {$34b,440:93}. J. Salary increases will be reimbursable if the new salary is with'rn the salary range identified in 'the approved Cast Propo�al and is approv'ed by City's Cantr�ct Administratt�r: For persc�nnel subject to prevailing ruage rates, as described in the California Labor Cade, a11 salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable. K. Consultant agrees that the Cr�ntract Cost I'rinciples and Procedures;48 CFR, Federal Acquisitian Regulations ��stern, Chapter 1, I'art 31.000 et seq., sha11 be used ta determine the cc�st allowability of individual items. L. Cansultant also agrees to cornply with federal procedures in acc�rdance with 49 CFR, Part I8, Uniform Administrative Reqltirements far Grants and �aaperative Agreements to State and Lacal Gaverntnents. M. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowabl� under 49 C�'R Part 18 and 48 CFR, Federal Acquisition Regulatians System, Chapter 1, Part 31.0{�0 et seq., ar� subject ta repayment by Consultant to City. N. All subcantracts in excess af$�5,000 shall contain the above prc�visians. SECTIOT�TT 3. TERM AND►TERMINATION A. This contr�ct shall go inta effect on May21,2fl25,contingent upon appraval by City; and Consultant shall carnmence work after natification to proceed by City's Cot�tract Administratar. The cantract shall end on Septernber 30, 2025, unless extended by contract�mendm�nt. B. Consultant is advised that any recommendation for contract aWard is not binding on City until the contract is fully executed and approved by City. C. City reserves the right ta terminate this contract upon thirty{30}calendar days written notice ta Consultant with the reasons for terrni�aation stated in the notice. D. City may terminate this contract with Consultant should Consultant fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, City may proceed with the work in any manner deemed prc�per by Gity. If City terminates this cantract wikh Consultant; City shall pay Cansultant the sum due to cansultant under this contract priar to termination, unless the cost of campletion ta City ex�eeds the funds remaining in the contract. In which case the overage shall be deducted from any surn due consultant under this cantra�t and the batance, if any, sha11 be paid to C�nsultant upan demand; E. The maximum amount for which the City shall 6e liable ifthis cc�ntract is terminated is Three Hundred Forty-�Six Thausand Four Hundred Forky Llollars. .Gbnsultingand.ProCessionalSerwcesGoniracUFHWAgrFederalEundingAssis �p�.g4' 't�� F. It is m�tually understood between the Parties that this Contract may ha�e been written before ascertaining the availability s�f funds trr appropriativn of funds, ar for the mutual benefit of both Parties� or in carder ta avoid program an�i fiscal delays that would occur if the Cantract were executed after that determinatian was m�de. This Cantract is valid and enforceable only if sufficient funds are made available ta the City for the purpose of this Contract. In addition, this Contr�ct is subject to any additional restrictians, li�nitations; conditions, or any statutea ordinance or regulation enacted by tne Congress, State Legislatures, or City CQuncil that may affect the provisic�ns, terins, or funding of this Contract in any manner:Consistent with Article 16, Section 18, of the Califarnia Constitution, it is mutually agreed that if'sufficient funds are not appropriated,this C4ntract shall be amended to refl�ct any reductian in funds, City may likewi�e vc�id the Contract under Section 3.C. G. In the event that City gives nc�tice of termination, Consultant sha�l promptiy provide to City any and all finished and unfinished reports, d�ta, studies, photographs, charts or c�ther warlc;product prepared by Consultant pursuant ta thi� Canfiract. H. In the event thaY City terminates the Contract, City shall pay Consultant 'the reasanable value of services rendered by Consultant pursuant tc� this Cantract; pravided, however,that City shall nat in any manner be liable for last prc�fits which might have been made by Consultant had Cr�nsultant completed the services required by this Ccsntract. Consultant shall, not l�ter than ten (10) calendar days after termination of this Contract by City, furnish to City such financial inforrnatifln as in the judgment of the City's Contract Administrator is necessary ta determine the reasonable value of the services rendered by Consultant. I. In no �vent shall the termination or expiratian �f this Contract be construed as a waiver of any right ta seek remedies in law, equity or dtherwise for a Party's failure to perform each obligation required by this Ccrntract, SECTICIN 4. EQUIPMENT PURCHASE A. Priar authorizatian in writing by City's Contract Administratar shall be required befare Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5;040 far supplies, equipment, or Consultaz�t services: Consu�tant shall pravide an evaluation of the necessity ot desir�bility of incurring such costs. B. �or purchase of any itern, service or cansulting work not covered in Consultant's Cost Prapc�sal and exce�dii�g $5,000, prior authorization by �ity's Cantract Administrator is required. Three sompetitive quotations must be submit�ed with the request,or the�bsence of bidding must be ad�quately ju$tified and accepted by City"s Contract Administrator. C. Pursuant to 49 CFR, Part 18 and far any equipment purchased as a result of this Ccrntract, Consultant shall maintain an inventory of all non-expendable property. Non-expendable praperty �s defined as having a useful life af at Ieast two years and: an acquisition cost of$5,400 or rnore.If the purchased equipment needs repla�ement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Contract, or if th� Contract is terminated, Consultant may either keep the equiprnent and credit City in an amount equal to its fair market value, or sell such �Gonsulting:�and ProCessional.Ser�aces ContractlFHWA wFederniFundingAss•is .p�.g@:.� equipment at the best price obtainable at a public or private sale; in accordance with City's established purchasing procedures and cxedit City in an amount equal ta the sales price. If Consultant elects to keep the equiprnent, fair market value sha11 be determined at �onsultant"s expense, an the basis of a campetent independent appraisal c�f such equipment.Appraisals shall be�btained from an ap�raiser mutually agreeable to City and Consultant. The terms and c�nditians af such sale rnust be approved in advance by City. D. All subcontra�ts in excess$25,000 shall cantain the above prc�vision�. SECTI{�N 5. IN�URAN+CE A. Unless modified in writing'by City's Risk Manager; Consultant shall maintain the foliowing nc�ted insurance during the duration af the Contracti Covera�e Rec�uired Not Reauirecl Commercial General Llability X ' Comprehensive Vehicle Liability X �Vc�rkers' Cr�mpensation and Employers' Liability X Professional Liability(Errors and C3missions) � {Place an "x" in the apprc�priate box} B. Coverage shall be at least as broad as: l. Insurance Services Office form number CG-00(?1, Commercial General Liability Insurance,in an am+aunt nbt less than$1,000,(�00 per occurrence and $2,000,(lOt}general aggregate for bodily injury, perst�nal injury and praperty damage, 2. Insurance Services�ffice form number CA-00(�1 (Ed. 1/87}, Co�nprehensive Automobile Liability Insurance; which provides for total limits af nc�t l�ss than$5,000,{�00 cc�rnbined single lirnits per accident applic�bl�to all awned, non-awned and hired vehicles; 3. Statutory Warkers=Ct��mpensation required by the L�bor Code afthe State af Califarnia and Employers' Liability Insurance in an amount not less than $1,{}00,000 per occurrence:Both the Workers'Compensatic�n and Employers' Liability policies shall contain the insurer's waiver of subragation in favar c�f City, its elected afficials, of�cers, emplayees, agents and volunteers; 4. Prof�ssional Liability (Errors and C}missions} Insurance, appropriate ta Consnitant's profession, against loss due ta error or omission ar malpractice in an amaunt not less than$1,000,00(3. 5; The City does not accept insurance certificates or endc�rsements with the wording"but only in the event of a narned insured's sole negligence"or any other verbiage limiting the insured's insurance responsibility. �Consulung�antlProfess�anal�3erv�cesContracUFHWArvFederalEuddingAssis� Cc�.g� 6 � C. Any deductibles or self-insured retentions must be declared to and approved by City. At the c�ption t�f the City,either:the insurer shall reduce or eliminate such deductibles ar self-insured retentions as respects the City, its elected officials, af�cers, employees, agents and �olunteers; �r the Consultant shail pracure a bond guaranteeing payment of lasses and related inriestigations, claims adtninistratic�n and defense expenses. D: The Cieneral Liability sha11 contain or be endorsed to contain the following provisions: 1. City, its elected officials,of�cers, emplayees,and agents are to be covered as additional insured as respects liability arising out of work or operations performed by ar an behalf of Consultant� premises oc�ned, leased or used by Consultant, t�r automobiles owned, leased, hired o�-bc�rrowed by Cr�nsultant. The cflverage shall ec�ntain no special limitatic7ns on the scope of pr�t�ction afforded to City, it� elected officials, otficers, employees, agents and vc�lunteers. 2, The insurance caverage of Cc�nsultant shall be primary insurance as respects �ity, its elected officials, officers, er�playees, agents and volunteers. Any insurance or self-insurance maintained by City„its elected officials; c�fficers, employees, agents and volunteers, shall be in excess af Consultant's insurance and shali not contribute with it. 3: Cov�rage sha11 state that the insurance crf Consultant shall apply separately to eaeh insured agarnst whom claim is made c�r suit 'rs brought, e�:cept with respect ta the li�nits af the insnrer's liabilaty. 4> Each insurance palicy required bythis Cr�ntract sha11 be enctorsed to stat�that coverage shall no� be canceled except after thirty (30} calendar days' prior written notice has been given tc� City: In add'ition, Consultant agrees that it sha�l nc�t reduce its covera�e or limits on an�such policy except after thirty {30} calendar days' prior written natice has been given ta City. E. Insurance is tcr be placed with �n�urers with a cut�rent A.M:Best's rating of na less than A-VII, F, Consultant shall designate the �ity of Itedding; 777 Cypress Avenue, Redding, CA - 9b041 as a Certi�cate Holder of the insurance: Consultant shall furnish City with certificates of insurar�ce and ariginal endorsements effectir�g tl�e cc�verages required by this clause.Certificates and endorsements shall be submitted electronically�via the I'INS Advantage system; A link wi�l be praVided for the Ccansultant, or their insurance agent, tc� enter and uplaad dacuments directly to PINS Adu�ntage. The certifieates and endarsernents ft�r each insurance policy are ta be signed by a person authorized by the insurer to bind coverage an its behaif. All endorsements are to be received and approved in PINS Advanta�e by the City's Risk Man�ger prior t4 the commencement of cbntracted services. City may withhc�ld payments to Consultant if adequate certificates af insurance and endc�rsements required have nat been submitted as described abave or provided in a timely manner. Gonsulting and Pro(ess�onal�3ervices-ContracUFH�VA�YFederalFundmgrlssis � .F age�� / G. The requirements as to the types and lirnits of insurance coverage ta be maintained by CQnsultant as re�uired by S�ctian S of this Contr�ct, and any approval of said insurance by City, are nat intended ta anc�wi11 not in any manner Iimit or qualifythe liabitities and obligations otherw�se assumed by�ons�altant pursuant to this Contract; including,without limitati�n, provisions concerning indemnificatian. H, If an�pc�licy t�f insurance required by this Section is a"claims made"`policy;pursuant tc�Code of Civil Procedure §342 and Government�ode�945.6,Consultant shall keep said insurance in effect for a period af eighteen (I8)months after the terminaticsn of €his Contract. I. If any damage, including d�ath, personal injury or property damage; occurs in connection with the perforrnance of this Cantract, Consultant shall immediately noti�y City's Risk Manager by telephone at {530} 225-40�8. No later than three (3) calendar days after the event, Cansultant shall subinit a writt�n report to City's 1Zisk Manager containing the following information,as applicable: 1}name and address of injured or deceased person(s),2)narne and addt-ess afwitnesses;3}name and address of C�rnsultant's insurance campany; and 4) a detailed description of the damage and whether any�ity praperty was invt�lved. SECTICIN 6. INIDENINIFICATrt7�N AND HC1LD HARMLESS A. Consistient with California Civil Code §2782,8, when the services �o be provided under this Canfiract are design professional services to be performed by a design prafessional; as that term is defined under Sectian 2782.8, Cc�nsultant shall, tia the fullest extent permitted by law, indernnify protect, de�end and hold harmless, City; its elected officials;afficers, emplc�yees,and agents,and each and every one ofthem, from and against all actions, dainages, costs, liability, claims, loss�s, penalties and expenses {ineluding, but not limited to, reasonable attorney's fees of the City Attorney or legal counsel retained by City, expert fees; litigatinn costs, and investigatian costs}'of ever�type and de�cription to which any or all of them may be subjected by reason of, or resulting frorn, directly or indirectly, the negligence, recklessness, c�r willful miscc�nduct of Consultant, its officers, emptoyees c�r agents in the p�rfarmance ofprofessional services under this Contract,except when liahility arises due tc�the sale negligence, active negligence or misconduct�f the Gity. B. C}ther than in the performance of prc�fessional services by a design prafessional, which is addressed solely by subdivision(A}ofthis Sectian, and t�the fultest extent permitted by law,Cansultant shall indemnify protect,defend and hold harmless,City; its elected officials,officer�,employees,and agents,and each and every c�ne afthem, fram and aga'rnst all actions, darnages, casts, liability, claims, 1Qsses, penalties �nd expenses (including, but not limited ta, reasonable attarney's fees of the City Attorney ar legal couns�l retained by City, expert fees; litigation costs, and investigation costs)of every type and descriptian to which�ny or�Il of them may be ;subjected by reascsn af the perfc�rmance of the services required under this Ct�ntract by Consultant its afficers� emplayees or agents in the performance of professi�nal services urtder this Contract; e�cept when liabil�ty ari�es due to the sole negligence; active neglige�c�or misconduct of the City. C. The Cansultant's obligation to defend; indemnify and hold harmiess shall nat be excused because of the Consultant's inabitity to evatuate liabiiity, The Consultant ��'onsultmg.andProEessional.Serviees�ontracdFFIWA��4FederaiFundmgAssis �$�(,' ��. �� shatl respand within thirty {30) calendar days ta the tenc�er of�ny claiin for defense and indemnity by the City,unless this time has been�xtended in writing by the City, �fthe Consultant fails to accept or reject a tender ofdefense and inde�nnity in writing delivered to City within thirty (30) calendar days, in addition ta any ather remedy authorized by law, the City ma� withhold such funds the City reascsnably considers necessary for its defense and inderr��ity until disposition has be�n made of th�claim or unt11 the Consultant accepts c�r rejects the tender ofdefense in writing delivered ta the City, whichever accurs first.This subdivisic�n sha11 nc�t be corzstrued ta excuse the prompt and continued perfarmance of the duties required of Consultant herein. I7. The obligatian to indemnify, pr�tect, defend; and hold harmle�s set forth in this �ectic�n applies to all claims and liabi�ity regardless of r�vhether any insurance policies are applicable. The�olicy lirnits of said insurance policies dt� not act as a lirnitatinn upon the amount of indemnification tcr be provided by Contractor, E. City shall have the right to approve or disappro�e the legal counsel retained by CansuItant �ursuant tc� this Sectit�n to represent City's interests. City shall be reimbursed for all costs and attarney's fees incurred by City in enfQrcing the obligations set forth in this Section. SECTI4N�. MISCELLANE�DLTS TERMS AND +CCJ►NDITI+DNS A. This Contract sha11 be deemed to have been entered into in Redding, California.All yuestic�ns regarding the validity, interpretation or performance af any af its terms c�r of any rights or obligations af the parties to this Gcrntract shall "be governed by Califarnia law. If any claim, at law or otherwise, is made b� either party to this Contract, the prevailing;party shall be entitled to its costs and reasonable attt�rneys' fees. B. This document, including all exhibits, canta°rns the entire agreeznent between the parties and supersedes whatever c�ral or written understanding each may have had prior to the execution of this Contract. This Contract shall not 6e altered, amended or rnodified except by a writing signed by C'ity and ConsultanY.Na verb�.I agreement or' conversation with any afficial, officer, agent or employee Qf City, either befare, durit�g or after the execution ofthis Contract, shall affect or modify any o�the terms or conditicsns cc�ntair�ed in this Cantract, nor shall any such verYsal agreement ar' conversation entitle C�nsultant to any additional payment whatsc�ever under the terms of this Contract. C. No covenant ar condition tio be performed by Gonsultant under thas Contract can be waived except by the written consent of City. Farbe�rance ar indulgence by City in any regard whatsaever shall not constitute a waiver of the covenant or condition in questi�n.Until perforrnance by Consultant af said covenant or condition is camplete; City shall be entitled ta invoke any remedy available to City under this Contracf ar by law or in equity despite said forbearance or indulgence. D. If any portion of this Contract or the application therec�fto any person or circumstance sha11 be invalid or unenforceable to �ny extent, the remainder of this Contract shall nc�t t�e affected thereby and shalI be enfarced to the greatest extent permitted by 1aw. Gansuiting and ProCess�onnl:Secv�ceSContract/FHWAavfiederalFundingrtssis �a�f'..� �� E, The headings in this Cantract are inserted for canvenience only and shall not constitute a part hereof. A waiver of any p�rty of any provisiQn or a breach of this Cc�ntract must be provided in writing, and shall not be construed as a waiver of any ather provision or any succeeding breach of the same or any other prr�visions herein. F. Each Party hereto declares and represents that in entering intt� this Contract, it has relied and is i•e�ying solely upan its own �udgrnent, belief and knowledge r�f the nature; extent, effe�t anc[ cansequenc� relating thereto, Each Party fur�her declares and represents that this Contract is made r�ith�ut reliance upon any stafement or representati�an not cc�ntained h�rein of any other Party or any representative, agent c�r attorney c�f the other Party. The Parties agree that they are aware that they have the right to be advised by counsel with respect ta the negcstiations, tertns, and cc�ntlitions of this Contract and that the decisian of whether c�r nat to seek the ad�vi�e df counsel with respect tQ this +C�ntract is a decision which is the sole responsibility of each of the Parties. Accordingly, no party shall be deemed to ha�ve been the drafter hereof; and the principle of 1aw set forth in Civil Code §1b5'4 that cantracts are construed against the drafter sha11 nat a�ply: G. Each c�f'the Parties hereto hereby irrevacably waives any and all right tc�trxal by jury in any action, proceeding, cl�im or caunterclaim, whether in contract ar tort, at law ar in equity,arising t�ut of or in any way related tc�this Agreeinent or the transactions contemplated hereb�. Each Party further waives any right to canscrlidate any acti�rn in which a ji�ry trial ha�been waived with any other action in which a jury trial cannt�t be or has nt�t 6een waived. H. In the event of a conflict between the tertn and conditions of the bady af this Contract and those of any exhibit c�r attachment hereta, the terms and canditions set farth in the bc�dy of this Cc�ntract shall prevail. In the event of a canflict between the terms and conditic�ns of any twa ar more e�ibits ar attachtnents heretc�,those prepared by City sha11 prevaii over those prepared by Cc�nsultant. L P'ursuant ta the City's business license t�rdinance, Consultant shall obtain a City business iicense priar to eommencing work. J, Consultant represents and warrants to City that it has alI �icenses; permits, qualifications and approvals of�ny nature whatsoever that are legally required for Cc�nsultant to practice its professicsn. Consultant represents and warrants ta City that Cansultant shall, at its sole cast and expense, kee� in effect or obtain at all times during the tet•m af this Cantract any licenses, perrnits and apprc�vals that are legally required for�onsultant to pra�tice its profession: K. Consultant shall, during the entire term of this Cantract, be construed to be an zndependent cantractor and riothing in this Contract is intended, nc�r shall it' be construed, to create an employerlempl�y�e relationship, associatian, jcsint venture relationship,trust orpartnership c�r to allow City to exercise discretion or contr4l-c�ver the professic�nal manner in which�onsultant performs under this CQntract. Any and a�l taxes imposed c�n Consultant's incotne, impose�l or assessed by reason af this Contract ar its performance, including but not limited to sales or use taxes, shall be paid by Consultant.Consultant shall be responsible for any taxes or penalties assessed by reason of any elaims that Cansultant is an employee of City. Consultant shal! nat be eligible for co�erag�under City,s wc�rkers' eompensation insura�ce plan,ben�fits Consutting and ProFessionalSereites ContracUFHW�A wFederalFundingAssis�� .��. �1��}� �� under the Public Emplc�yee Retirement System or be etigible for any other City benefit. L. No provision ofthis Cantract is intended to,or shall be for the benefit of,or construed to create rights in,or grant remedies to, any person or entity not a party hereto. M. Na portion of�he work or services ta 6e performed under this Contract sha11 i�e assign�d, transferred, cc�nveyed or subcontracted without th� prior written apprc�val af City. Consultant may use the services af independent contractors and subcontractors tcr perform a portion of its abiigations under this Cantract with the prior written approval of Gity. Independent contractars and subcontractors shall be provided with a copy af this Confiract and Consultant shall have an affirmative duty tia assure that said ind�pendent ct�ntractors and subcantractors ct�mply with the sarne and agree to be bound by its terms. Ct�nsultant sha11 b� the respansible party with respect to all actians of its independent c�ntractors and subcontractors, and shall abtain such insurance and indernnity prc�visions from its contractors and subcQntractors as City's Risk Manager shall determine tt� be necessary. 1V. Consu�tant shall perform all services required pursuant to this Cc�ntract in the manner and according to the standards abserved by a competent practitioner of Consuttant'-s profession. A11 products of what�oever nature which �ansultant delivers to City pi�rsuant to this CantracY shall be prepared in a professional manner and confarm to the standards of quality normall� abserved by a pet-son practicing the professian of Consultant and its agents; emplayees and sub�antractars assigned to perfarm the service�contemplated by this Contract: SECTION 8. SURVIVAL The provisions set farth in Sections 4, 5, 6, �,A, 7.D, '7.G; 7.L, 15, 18, 19, and 20 of this Cantract shall survive tertnination of the Contract: SECTIUIY 9, �CClMPLIANCE WITH LAWS-NONDI�rCRTMIlVATI(?N A. Cansultant shall camply with ali applicable laws, ordinances, regulatit�ns and codes of f�deral,state and local governments.Consultant shall include the provisions of this section in al1 subcontracts to perfnnn wc�rk under the cc�ntract, B. Cc�nsultant's signature affixed herein5 and dated, shall constitute a certificatiic�n under pen�lty of perjury under the laws of the State of California that Cansultant ha�,unless exempt,complied with,the nondiscriminatian program requirements c�f Ciovernment Code Section 12990 and Title�, California Administrative�ode, �ectic�n 8103, C: During the p�rforman�e of this Contract;Cons�ltant and its subconsultants shall nat unlawfully discriminate, hara�s, or allt�w harassment aga�nst any employee or applicant for employment be�ause of sex, ra�e, color, ancestry, reli�ious creed, national origin, physical d'isability (including HIV and AII}S�, mental disability; medical ct�nditian (e,g., can�er), age (aver 40), marital status, and denial c�f fa2nily �ConsultingrandPraCessiarta4Sert�icesContrncr/FHWA�wFederalFundmgAssis� i��g`� 1�.1 care leave. Consultant and subcons�:iltants �hall insure that the evaluation and treatment af their employees and applicants for emplayment are free from such discriininatzon and harassment, Gonsult�nt and subconsultants shall comply with the provi�ions of the�air Employment and Housing Act(Gov.Code§129�0(a-f�et seq.) and the applicable regulations promulgated thereunder {�alifarnia Code of Regulatic�ns, Title 2, Section 72$5 et seq.}. The applicable regulations of the Fair Employment and Housing Commission impl�menting Government Code �ect�on 12990 (��-fj, set fc�rth in Chapter 5 of Uivision 4 of Title 2 of the California Cc�de of R:egulations, are incorporated into this Contract by reference and matie a part hereof as if set forth in full. C�nsultant and its subconsultants shall give written notice of their obligatians �nder this c�ause to labor organizations with which they hav� a �ollective bargaining or other Agreernent. D. The Cansultant shall comply with regulations relative to Title VI{nondiscrimination in federally-assisted programs c�f the I�epartment of Transport�.tian - Title 49 Cc�de of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act and Appendix E af the Title VI Assurances—US I�t�T Order 1050.2A{attached)). fiitle VI provides that the recipients of federal assistance will implement and maintain a palicy of nandiserimznation in which na persc�n in the state of California sha11, on the basis afrace,color,national arigin,religion,sex,age,disability,be excluded from participation in,denied the benefits ofor subject to discrimination under any program or aGtivity by the recipients of federal assistanc� or their assigrr�es and s�ecessors in interest; E. The Consultant, with regard to the work performed lay it during the Agreement shall act in accordance with Title VL Specifically,the Consultant shall nc�t discriminate on the basis or race,color,national origin,religic�n, sex,age, or disability rn the selection and retentit�n of Subcansultants, incZuding procurement c�f:materials and leases of equipment. The Consultant sha�l not participate either directly or indirectly in the discrimination prohibited by Section 21.5' of the U.S.DUT's �egulatic�ns, inciuding employment practices when the Agreement ccsvers a pragram whose goal is employment. �`. The Contract�r or Subcontractor shall not discriminate an the basis of race, calc�r; national origin, or sex in the performance of this contract. The contractc�r shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of United States Department of Transportation-assisted cantracts. Failure by the contractor tt�carry out thes�requirements is a mat�rial breach of thrs contact, which may result in the t�rmination o�°this contract c�r such other remedy,arecipient deems apprapriate. SE�TI4N I0. REPRESENTATIVES A: City's representativ� far this Contract is Nick Viscanti, email ��s�t� ��t �fr��d�r� .c��° telephone number(530)225-4582.AII of Carrsultant's questions pertaining to this Contract sha�l be referred to the abave-named persc�n; �r ta the repres�ntative's designee. B, Consultiant's representative for this Cc�ntract is David Skinner, email c��a�a��°��,�c��, telephone number {53Q) 524-2b33. A11 of City's questions pertaining to this Cc�ntract shall be referred to the abaue-narned person, �onsWtinband�ProfessionalSen•�ces�artlracUFHWAzvEederalfuedm�.Ass�s � � p�.g� 1L� C. The representatives set forth herein shall have authority to give ail notices required herein. SECTIQN 11. N(?TI�ES A. All notices, requests,demands and ather communications hereunder shall be deemed given only if in writing signed byan auth�rized representative of the sender(may be other than the representatives referred to in Section lfl) and delivered by facsimile, with a hard copy mailed first class, postage prepaid; or when sent by a caurier ar an express service guaranteeing overnight delivery ta the receiving party, addressed to the respective partie�as fo[Iows; To City. To Consultant: Mr:Nick Visconti IIavid Skinner City of Redding Engineering I3iv�sion TRC Engineers; Inc. '777 Cypress Avenue 10680 White Rtick Raad, Suite 100 Redding, CA 96001 Rancho Cc�rdova, CA 95&70 B. Either party may �hange its address for the purpc�ses af this paragraph by giving written notice of such change to the other party in the manner provided in this Section. C. Notice shall be deemed effective upc�n: 1)personal service;2}twt�calendar days after mailing or transmissian by facsimile, whichever is earlier: SECTION 12. AUTHORITY TO +C4NTRAC'I" A. Each c�f the undersigned signataries hereby represents and warrants that they are authQrized to execute this Contract an behalfofthe respective parties to this Cc�ntract, that they have fu11 right, power and lawful autharity tv undertake all abligatians as provided in this Contract; and that the execution, performance and delivery �f this Ctintract by said signatories has been fu11y authorized by a11 requisite actions on the part of the respective parties ta this Contract. B. When the Mayor is signatory to this Cantract, the �ity Manager andlor' the Department I3irector having direct responsibility for managing the servic+es provided herein shali ha�e authc�rity to execute any amendrnent to this Contract which does not increase the amount of cornpensation allowable to Cbnsultant c�r otherwise substantially change the se�pe c�fth� services provided herein. SECTIQN 13. DISADVANTAGED BUSINE�S ENTERPRISES PAI�t7CICIPA.TION A: T'his Contract is sub}ect tc�49 CFR,Part'26 entitled``Participatic�n by Disadvantaged Business Enterprises in Department of Transportati�n Financial Assistance Frograms". Consultant shaIl be guided by, and cc�tnply with, Exhibit 10-t�1 'and E�hibit 14-(�2 of the Loca1 Assistance Pracedures Manual("LAFM"), attached'and incorporated herein. B. Consultant must give consideration to I)BE firms as specified in 23 CFR 172.5(b), 49 CFR, Part 26. If the contract has � I�BE gc�al, Consultant must meet tihe goal 6y Gunsullmg and Professional�Services�ConuacUEHWA.uEederalFundingAssis. � .P3g{,'� �l�J � using DBE's as subconsultants ar docutnent a goad faith effart to have�net the goal. If a I�BE subconsultant is unable to perfc�rm; Consultant must make a good faith effort ta replace him/her with anather DBE subconsultant if the gaal is not othervvi�e miet. C. A.DBE may be terminated anly with written appraval�fCity'and only for the reasons specifed in 49 CFR 26.53(f}. Prior tc� requesting City's consent for the proposed termination, Consultant must meet the prn�edE2ra1 requirernent� specified in 29 �FR 26.53{:�, D. Consultant shall maintain records of materials purchased or supplied fram all subcontra�ts entered intc�with certi�ed UBE's. The records shall show the ttarne and business address of each DBE or vendar and the tc�tal dc�llar amount actually paid each I)BE or vendor, regardless of tier. Tt�e records shall sht�w the date of payment and the total dollar figur�p�id t� all firms, DBE prime consultants shall alsa show the date of work performed by their own forces along with the �orresponding dallar value ofthe work. E. Upon completion c�f the Contract, a summary af these records shall be prepared and submitted on the form entitled, "Final Report-Utilizatir�n c�f Dis�.dvantaged B�isiness Enterpri�e (L`►BE}, First-Tier Subconsultants," CE11TI-2402F (Exhibit 17-F, Chapter l"1, af the LAPM}, certified carrect 6y Consultant or Consultant's authorized representative and shall be furnished to City's Contract Administrator with the final invoice.�ailure tc�provide the summary ofDBE payments vvith th�fnal invoice wi11 t•esult in 25 percent of the dollar value of the invoice being withheld from payment until �he form is submitted. The amount vt�ill be returned to the Cansultant when a satisfactory"Final Report-Utili�ation af I7isadvant�ged Business Enterprises(I3BE), First-Tier Subconsultants" is submitted ta City's Cantract Administrator. F. If a I�BE subconsultant is decerti�ed during the life af this Contract, the decertified subconsultant shall notify Cansultant in writing with the date of decertificatic�n. If a subconsultant becomes a certified I7BE during the life of the Coniract, the subconsultat�t shali notify Consultanti in writing with the date af certifieatic�n. Any ehanges should be reparted ta the Agency's Contract Administrator within 30 days. G: Any subcontract entered into as a result of this Contract shall contain all of the provisions ofthis Section. SECTI4N 14, Cf�NFLICTS C1F Il'�TEREST/UNLAWFUL CC1NSIl3ERATICIN A. Consultant, including its emplc�yees, agents, and �ubconsultants, shall nat Ynaintain t�r acquire at�y direct ar indirect interest that conflicts with the performance of this Contract. Consultant shall comply with �Il requirements of the Political Reform Act {t�avernment Code §8100 et se�:) and other laws relating ta canflicts af interest, inc�uding the following: 1) Cansultant shall not make ar participate in a decision made by City if it is reasonably fareseeable that the decision rnay have a material effect on Consultant's ecanomic interest, and 2} if required by the City Attamey, �onsultant shall file financial disclos�re forms with the�ity Clerk. B, Consultant �arrants, by executian of this contr�ct that no person ar selling agency has been employed, or retained, to solicit or secure this contract upon an agreement IConsult�g�rtd�Protess�an¢l.5ervicesContencUFH1VA�vFedernlFundingAssis .C�.�� 1'-t� �� or understanding, for a caminissit�n, percentage, brokerage, or cQntingent fee, excepting bona fide employees, or bona fide established cammercial or selling agencies maintained by Consultant for th� purpos� of securing business.For breach or vifllation of this warranty; City has the right: I} to terminate this Cantract withcrut liabilitY> 2) pay only for the value of the wark actually perfcsrmed; and 3}to deduct from the contract price or consideration,Qr c�therwise recover the full amaunt of such comrnissic�n, percentage, brakerage, or contingent fee: C, Cansultant shall disclose any financial, busines�, ar other relationship with City that may have �n impact upon the outcc�me of this Cc�ntract, or any ensuing City cc�nstructian praject. Cansultant shall also list current clients who may have a financial interest in the outcome of thi� contract, or any ensuing City can$truction project; which will fallc�w. D; Consultant hereby certifies that it does not now have,nar sha11 it acquire any financial or business interest that wauld conflict with the performance of servrces under this Contr�ct, E. Any subc�ntract in excess r�f$25,000 entered into as'a result c�f this contract, shall cantain all of the provisions of this Sectic�n A through E: F. Cansultant hereby certifies that neither Consultant, nar any firm affiliated with Consultant wi11 bid on arly cc�nstruction cc�ntract, or on any contract to provide canstructic�n inspection for any constructit�n project resulting frorn this cantract. An affiliated firm is one, which is subject to the cc�ntrol of the same persc�ns through joint-ownership, ar otherwise. G. Except for subcansultat�ts whase services are limited tc� providing surveying or materials testing information, na subcansultant wha has provided design services in cannectian with this contract shall,be eli;gible ta biti on any constructic�r�contract, or on any contract to provide construction inspectit�n for any construction praject resulting fran�this cantract. H. Consultant warrants that this contract was nc,t �btained or secured thrc�ugh rebates kickbacks or ather unlawful consideration, either pramised ar paid t� any City emplo�ee.For breach or violation�fthrs warranty,City shall have the right in its sole discretion: 1}ta terminate the cantract without liability; 2) ta pay only for the value af the work actually performed; 3} to deduct fram the c�ntract price; or 4) to c�therwise recover the fu11 amount af such rebate, kickback or other unlawful consideration. SECTION 15. RETIENTION+OF RECCIRDS/AUDIT A. For the purpose of determining cornpliance with Public Contract Cade §10115, et seq. and Titie 21, California Code of Regulations, Chapter 21, Sectic�n 25�0 et seq., when applicable and other matters connected with th� perfarmance of the contract pursuant tt� Government Code §$546.'7; Consultant, subconsultants, and City shall maintain and make available for in�pection alI books,documents,papers;accounting records, and other evidence pertaining to the performance of the contract; including but not limited ta,the costs ofadministering the contract.AII parties shall make such materials available at their respective offices at aIL reasonable times during the �Consulting�and�ProfessionalServicesGontratUFHWAsvFederalFundmgAssis �� P$�� IJ� cc�ntract period and for three years frotn the date of final payinent under the contract. The state, State Autlitnr, City, FHWA, or any duly autharized representative of the Federal Government shall have access to any books, recards, and documents of Consultant and its certified public accountants(CF'A}work papers that are pertin�nt to the eontract and indirect cast rates (I�R) for audit, exarninations, excerpts, and transactions, and copies thereaf shall be furnished if requested. Subcc�ntracts in excess of$25,000 shall contain this provisian. B. Any dispute concerning a questian c�f fact arising under an interim or post audit c�f this Contracti that is nat dispc�sed of by agreement, shall be reviewed by City's Directar af Fina�nce ar her designee.Nat later than thfrty (30} days after issuance of the finai audit report, Consultant may request a review by City's I)irector�f Finance ar her designee of unres�lved audit issues. All requests for review shall be submitted in writing. C. Neither the pendency trf a dispute nor its cansideration 6y City will exeuse Consultant frorn fu11 and timely performance,in accardance with the terms ofthis contra�t, D: Tn cases where the maximum coxnpensation under this Contract exceeds $150,000; Consultant and subcansultant cc�ntracts, including cast proposals and indirect cast rates (ICR), are subject to audits �r reviews such as, �ut noti Irmited ta, a Contract Audit,an Incurred C�st Audit, an ICR Audit, or a certified public accc�untant (CPA) ICR Audit Warkpaper Review: If selected for audit or review, the cantract; cost proposal and ICR and related workpapers, if applicable, will be revievved tt� verify compiiance with 48 CFR, Part 31 �.nd ather related laws and regulations. In the instance af a CPA ICR t�udit �orkpaper Review, it is Consuitant's responsibility to ensure federal, state, or loca] government afficials are allowed fu11 access to the CPA's workpapers including making copies as necessary. The cantract, cost proposal, and ICR shall be adjusted by Consultant and approved by City's Cantract Administrator ta canfarm to the audit or review recc�mrnendatic�ns.Consultant agrees that individual,terms c�f costs identified in the audit report shall be incorporated int� the cantract by this i�eference if directed by Crty at `its sale discretion. Refusal by Consultant to incorporate audit ar review recornmendations, or ta ensure that the federal, state; or local gc�vernrnents have access ta CPA workpapers, will be consid�red a breach of Cc�ntract terms and cause far termination c�f the conYract and disall�wance c�f prior raimbursed cc�sts. SECTION 16. DISPUTES A. Any dispute,, other than audit, concerning a question of fact arising under this Cantract that is not dispt��ed of by agreement shall be �ubmitted in writing and decided by City's Uirector of Public Works, who rnay cc�nsider written or verbal informatit�n submitted by Cc�nsultant, B. Neither the pendency of a dispute,nor its cansideration pursuant to this Section will excuse Consultant from full and timely perfc�rmance in accordanc�with the terms of this Contr�ct. S�CTIOI�T 17. SAFETY :Consulun�and�.�ProfessionalServicesGontracUFHWA�wFederalFundmgAss�s �� .C.ag� I�V � A. Consult�nt shall cc�mply with OSHA regulations appl'rcable to Cansultant regarding necessary safety equipment or prc�cedures. �onsultant shall colnply with safety instructions issued by City. �an�ultant's personnel shalt wear hard hats and safety vests at all times while working nn a c�nstructian project site. B. Pursuant ta the authority contained in Section 591 of the Vehicle Code, and when applicable,Consultant sha11 comply with all ofthe requirements set forth in Divis�ans 11, 12, 13, 14, and 15 of the VehicIe CQde. Consultant sha11 take all reasr�nably necessary precautions for safe c�peration af its vehicles and the protection af the traveling public from injury and damage fram such vehicles., C. Any subcantract entered inta as a result af this contract, shall c�ntain all af the provisions ofthis Article. SECTIC}N 18. C3WNERSHIP OF DATA A: Upon eompletion of all work under this Contract ar ter�nmation af this Contract, ownership and title to all repc�rts, docutnents, plans, specificatians, and estimates produce as part of this Contract will autam�tically be vested in City, and no further agre�ment will be necessary ta transfer ownership ta City. Consultant shall furnish City all necessary copies af data needed to�c�mplete the review and appraval process. However, this ownership shall nc�t include any owr�ership interest in Consultant's preexisting informatian or intellectual propert�. B. It is undersfood and agreed that all calculations,drawings and specifications,whether in hard copy or machine-readable form, are intended fc�r ane-tii�e use in the ct�nstruction of the project fcsr which this Contract has been entered intc�. C: Consultant is nat liable for claims; liabilities, or lasses �rising aut of, or connected with the modi�cation, or misuse by City of the machine-readable information and data provided by�onsultant under this contract. Furtk�er, Consultant is nat liable for claims, liabilities, or losses arising out of, ar connected with any use by City of the prQject documentation on c�ther prt�jects for additions ta this pro,}ect; or ft�r the completian of this prcrject by c�thers, exce�t only such use as may he authc�rized in writing by Const�ltant. D. �xcept as noted ahave, �ity may permit Cansultant to copyright reports or other contract-reiated product. If copyrights are perinitted, the City and the �HtiVA sharl have a royalty-fre� nonexcIusive and irrevacable right ta reproduce, piiblish; or atherwise use the wark and tfl authorize others tt� us� the wc�rk for gt�vernment pur�Qses. E. Any subcantract in excess af$25y040 entered intt� as a result of this Contract shall contain�ll of the pravisians of this Sectic�n. SECTION 19. CLAIMS FILEDr BY CITY'S C�NSTRUCTIOlY CClNTRACTOTt A. If claims are filed by City's canstiructian contractor relating ta work perf�rmed by Cansultant's pers�nnel, and additional information or assistance from Consultant's personnel is required in order to evaluate ar defen€� against-such clairns, Cansultant agrees to make its personnel available for ct�nsultatzan w�th City's construction Gonsullrn�.andPrntess�onaL5erFtces�.Contract/FHWAtivFederalFundingAssis � ��ge 17 � contract administration and legal staff and for testimony, if necessary,at depositic�ns and at trial or arbitratian proceedings. B. Consultant's personnei tlaat City considers esseiztial ta assist in defending against cc�nstructian cc�ntractor claims will be made available on reasonable notice fram City. Consultation or t�stimony wil(be reimbursed at the same rates, including trave4 costs that are being paid for Consultan�'s personnel services under this contract. C. Services c�fConsultant's personnel in cannection with�ity's construction contractor claim� will be perforrned pursuant to a written contract amendment, if necessary, extending the termination date of this cantract in order ta resolve the construction clairns. Ia, Any subcontract in excess of$25,000 entered intc� as a result of this cantract �hall contain alt of the provisr`ans of this Section. SECTIt7►lV 20. C(}NFIDEIYT�ALITY�F I?ATA A. All financial, statistical, personal,technical, or other data and informatic�n relative to �ity's operations, which are designated confidential by City and made avaiIabie to Cansultant in order to carry out thzs Cc�ntract, shall he protected by Consultant from unauthorized use and disclosure: B. Permission to disclose infarmation an one occasion, c�r public hearing held by City relating to the Contract, shall not auth�rize Consultant to further disclase such information, or disseminate the same on any ather occasion. C. Consultant shall nc�t comment publrcly to the press or any other media regarding the cantract or City's actions on the same, except to �ity's staff, Consultant's own personnel invalved in the performance of this contract, at public hearings c�r in response to questions from a Legislative committee. U. `Cansu�tant shall not issue any news release or public relati�ns item of any nature, whatsoever,regarding work performed or to be perfor�rned under this contract without priar review of the contents thereof by City and rece�pt of City's written permissian. E. Any subcc�ntract entered into as a result of this contract s�all contain all c�f the provisians of this Section_ F. These restrictians shall not apply to informatic�n that (i) the Consultant had in their possession prior ta disclosure; (ii)becomes public knowledge through nc� fault of the Gonsultant; (iii) the Consultant lawfully acquire� fram a third party not undex an abligation of confidentiality to #he Owner; (iv) is independently developed by the Consultant; or(v) is required to be disciosed by law Qr caurt order pravided the City is given sufficient notice of such anticipated d'rsclosure so that the C�ty might seek a protective order or ather x�medy it deems apprapriate to prevent disclosure c�f the Confidential Information. SECTI()N 21. NATIQNAL LABtJR 1tELAT�ONS BOARD CERTIFICATI+DN ��o�sulting:and.ProCessional�5ervices�Gontract/EEt4Vrl:wFederalFund�ngAss�s � �� 3g� l.il�. In accordance with Public Cantract Code §1029b, and by signature on this Contract, Cc�nsultant hereby states under penalty of perjury that no more than one final unappealab�e finding of contempt of court by a federal court has been issued against Consultant within the immediately preceding two-year peri�d,because of Cansultant's failure to cr�mply with an�rder of a federal court that orders Consultant to comply with an order c�f the Natic�nal Labor Reiations B�ard. SECTI(?I�T 22. DEBARMENT AlY]D SITSPENSICIN CERTIFICATI{}1Y A. Cansultant's signature�f�xed herein, shall canstitute a certi�cation'under penalty of perjury under the laws of the State of California, that Consultant has camplied with Title 2 CFR. Part 180, "OMB Guiclelines ta Agencies on Governrnent-wide Debarment and Suspension (nonprc�curernent)", which certifies that he/she or any person associated therewith in the capacity of awner, partner, director; ctfficer; o�• manager, is not currently under suspension, debarment, vol�ntary exclusion, or• determ'inatic�n c�f ineligibility by any federal agency; has; nat been suspended, de�+arred,valuntarily excluded,or determined ineligible by any federal agency within the past three {3) years; does not have a prc�posed debarment pending, and has n�t been indicted, canvicted, Qr had a civ11 judgment rendered against 'rt by a court of competent jurisdiction in any matter invalving fraud or offici�l misconduct within the�ast three(3)years. Ariy exceptions tt�this certificatic�n mizst be disclosed ta City prior fo execution of`this Contract. B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Consultant responsibility. Disclosures rnust indicate ta whom exceptions apply, initiating agency, and dates of action. C. Exceptions ta the Federal Government Excluded Parties List Systern maintained by the General Services Administration are tc�be determined bythe FHWA, SECTION 23: Pl�C1HIBITIC3N OF E�PENDING CITY, STATE, CiR FEDEI�4L FUNDS FOR LQBBYIlYG A. Tn cases where fed�ral funding exeeeds $154,OOt}, Consultant certifies by signature �n this Contract that,ta the best of his or her knowleclge and belief: 1. No state, fedeTal or local agency appropriated funds have be�n paid, or will be paid by-or-on behalf of Consult�nt to any person for influencing ar attempting to influence an officer or emplt�yee of any state ar federal agencyg a Member of the State Legislature or United States Cangress; an officer or emplayee of the Legislature or Cc�ngress; or any employee of a Member of the Legislature or Congress, in cannection with the awarding of any state or federal cantract; the making of any state or federal grant; the rnaking of any state crr federal loan;the entering inta of any cooperative agreement, and the �xtensic�n�, c�ntinuation, r�newal,amendment, or modificatian of any state ar federal contract, grant, loan, c�r ct�t�perative agreement. 2. If any funds other than federal appropriated funds have been paid,or will be paid t� any perst�n for influenc�ng �r �ttempting to influence an officer or employee af any federal ageney; a Member esf Cangress; an officer or employee af Congress, or an employee c�f a Member of Congress; in Consullmg andpraCessiooal Services ContrncUPHWA.iuFederalfundingAss�s� r a.��' 1�9� � connection with this federal contract, grant, loan, or cooperative agreement, Cnnsultant shall complete and submit�tandard Forn�-LLL,"Disclosure Farm tv Report Lobbying", in accordance with its instructic�ns. B. This certification is a material represer�tation c�f'fact upon which reliance was ptaced when this transaction was made or entered info. Submission of this certification is � prerequisite for making or entering into this transacti�n imposed by Section 1352, Title 3`1, US; Cade. Any person whc� fails to file the required certificati�n shalf be subject to a civil penalty of nat less than $1t1;4(�� and nat mcsre than $1'04,000 for each such failure. C. Consultiant alsc� agrees by signing;this dt�cument that he or she sha11 require that th� language c�fthis certificatic�n be included in all lower-tier subcantracts,whi�h exceed $100,(}t�0, and that al1 such sub recipients shall certify and disclose acc�srdingly. SECTION 24: STATE PREVAILING i�tTA+GE RATES A. Consultant shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California L,abor Code, Secti�n 1'770, and aIl �ederal, State, and local laws and r�rdinances applicable to the wark. B. Any subcantract entered int� as a result of this contract if fnr mare than $25,Q00 for public works canstruction rar more than$15,OQ0 far the alteration,demolition,repair, or maintenance of public works,shall contain all of the provisions of this Section. C. When prevailing wage� apply to the searvices described in the scope of work; transportation and su6sistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR)as outlined in the applicable l�revailing Wage L}etermination: �ee �� :Il �vad�r:��, �v. SECTION 25. FEDERAL TERMS A: Contractor agrees to the additional Federal terms attached her�to as Appendix E. �Gonsulting:nnd�ProCessio�alServ�cesCamracUFHWA��vFederalFundmgAssis �C2.gE�' L.� � 1 IT' E HEREC}F,Cit� d Gc�nsult�t haveexecut�thisC�n#r 4n thedays�d y�r s�#fortih be�rnn�: G1T'Y �F REG�ING', A taniap�l Ct�r �ti �at : , 25 : JA�K UlVNS, ay �,TTE�1': AP"PR+t�VEC��►ST� �C}t� : CHRiSTIAN .CURTIS C ity,�►ttc�r ARLENE TIPTC}Np Grty Gl+�rk ��t. GHRISTIAIN .CURTIS,CltyAttc�r CC)N LTAIVT T�� Nt�l(NEE��,I NC. �at : . 25 ; Y� L' co(n Leaman, Vice F`resid�nt T�1 D t�o.:33�C16Q�8�15 Attach � E7chi bit A (Sc�pe c�f 1Nork} F�chibifi B (Co� Prc�pos�l} �hibifi�tl-C?1 (DBE Commitrr�nf} Exhib"st 7tl-Q2(DBE�c�mmitrr�ent} Ap dic�A & Ec�ftheTitlel/I Assur�� Gor�Itirga7dPrafassor�Sav�a�CCordrx#1FFiWAwF��Furxiirrglisss E:�� APPENDIX A During the performance af this contract,the contractor;far itself, its assigz�ees,and successors in interest {hereinafter referred to as the "contractor"} agrees to cc�mply with the fc�llowing nondiscrimination statutes and authorities; including but not�imited to: Pertinent Nondiscrgmination Authc�rities: • Title VI of the Civ11 Rights Act of 1964 (42 U.S.C. § 20�Od et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color,national origin);and 49 CFR Part 21, ; The Uniform F�elocatian Assistance and Real Property Acquisition F�licies Act of 1970, {42 U:S.C. § 4601); (prahibits unfaii•treatmenfiof persc�ns displaced or whose property has been acquired because c�fFederal or Federal-aid programs and projects}, m Federal-Aid Highway Act of 19'73;(23 U.S.C, §324 et seq.),(prohibits discrimination on the basis-r�f sex), • Section 504 flfthe Rehabilitatic�n Act af 1973, (29 U.S.C. § 794 et seq.), as arn�nded, (prohibits discriininatic�n on the basis c�fdisability); and 49 CFR Part 27; • The Age I)iscrimination Act o£' 1975; as arnended, (42 U,S.C. § 610I et seq.), (prohibits discriinination on the basis af age}; • Airport and Airway Impravement Act of 1982; (49 U.S.C. §4 71, Sectic�n 4 7123}, as amended, {prohibits discrimination based on race, creed, colar, nationa� origin, or sex), • The Civil Rights Restaratian Act nf 198'7, (PL 100-209}; (Broadened the scape, coverage and applicability of Title VI of the Civil Rights Act af 1964, The Age I7iscrirninatian Act of 1975 and Sectian 504 of the Rehabilitation Act of 1973, by expanding the definition af the terms "prc�grams or activities" to include all of the �rograms c�r activities of the Federal-aid reeipients, subrecipientis and corttractrsrs, whether such programs ar activities are Federally funded or n�at), • Titles II and III of'the Americans with Disabilities Act,which prohibit discriminatian on the basis of d�sability in the c�peration of public entities, public and private transportation systems, places af public accommadation, and certain testing entities (42 U.S.C: §§ 12�31-I2189) as implemented by Departinent of Transportation regulations at 49 C:F.R. parts 37 and 38; • The Fetieral Aviatic�n Administration's Nondiscrimination�statute(49 U.S:C. §47123) {prohibits discrimination on the basis af race, calor,natianal origin, and se�), • Executive Order 1289$; Federal Actions to Address Envirotrmental Justice in Minority Papulatic�ns and Low-lncame P�putations, which ensures discrimination against mittority populations by discouraging'prc�grams, policies, and activities with disproportitrnately high and adverse hum�n health or environmental effects on minority and low-incc�me populatic�ns; • Executive Order 13166, Improving Access ta Services for Persons with Limited English P`roficiency, and resulting agency guidance, national origin discrimination includes diserim5nation be�ause of limited English proficiency (LEP). To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs {70 Fed. Reg. at 74087 ta 74100}; * Title IX of the Educatian Atner�dments of 19'72, as amended, which prohibits yau from discriminating because of sex in educatian pragrams or activities (20 U.S.C: 16$1 et seq}. £onsuitmg and�Professional Serr�ces Contruct/FHWA�.tvFederatEundingAssis �� :p8�8 �G APPENDIX E Draring the performance of this contract;the C+C)NSULTAh1T, far'rtself, its assignees, and successors in interest(hexeinafter referred to as the``C(�NSULTAlVT") a�rees to comply with the following non-discrimination statutes and authorities, including,but not li�nited ta: Pertinent I�on-D►iscrirnination Authoritie�: • Tit1e VI ofthe Civil Rights Act�f 1964(42 U.S.C. § 2000r� et seq., '78 stat. 252),prohibits discriZnination on the basis of race, cc�lor, a�ational origin); and 49 CFR Part 21. • The Unifarm Relocation Assistance and Real Prc�perty Acqursition Palicies Act of 197f?, (42 U:S.C, � 4601); (prohibits unfair treatment ofpersons displaced�r whose property has been acquired because af Federal or Federal-�id pragrams and projects); • Federal-Aid Highway Act of 1973, {Z3 U.S.C. § 324 et seq,),prnhibits discrimination an the basis of sex, • Section 504 of the Rehabilitatiari Act of 19?3, (29 U.S.C. § 794 et seq.); as amended, {prohibits discriminatic�n on the basis of disability}; and 49 CR F'art 27; • The Age Discriminatian Act af 1975, as amended, (42 U.S.C. § 6141 et seq.); prohibits discrimination on the basis of age); • Airpart and Airway Improvement Act of 1982, (49 U,S.C. § 471, Section 4'71Z3), as amended,{prohibits discrimination based on race, creed,color, national origin, or sex); • The Ci�il Rights Restoratian Act of 1981, (PL 10�-209), {Broadened the scope; ct�verage and applicability of Title VI ofthe Civil Rights Act of 19�4,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitatian A�t of 1973, by expanding the definition of the terms"pragrams or activities"t� include all of the prograrns or activities of the Federal-aid recipients, �ub-recipients and cantractors, whether such prc�grams or activities are Federally funded or not); • Tittes II and �II ofthe Americans with Disabi�ities Act, which prohibit discrimination of the basis of disability in the Qperation of public entities, public and private transportatian systerns,places of public accommodation, and certain te�ting entities (42 U.S.C. §§ 12131 — 12189)as implernented by Department af Transportation regulatians 49 C.F.R.parts 37 and 38,; • The Federal Aviation Adtninistratian's Non-discrirninatic�n statute(49 U,S.C. � 4�123)(prohibits discriminatic�n on th� basis of race, colar, natianal origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Lc�w-Income Populations, which ensures discrimin�tian against minority populations hy discouraging programs,policies,and activitres with dispropc�rtionately high and adverse human health or environmenta� effects t�n minarity and lc�w-incorne papulatic��s; + Executive(}rder 13166,Improving Access to Services for F'ersons with Limited :Cansulhny*�:andPro(essianalSeri�cesGontract/FHWAavEedernlFundmgAssis i"$�� L3�� English Praficiency,and resulting agency guidance,naYional origin discrimination includes discrimination because r�f Limited English Pra�ciency(LEP).To ensure cornpliance with 'I'itle VI;yau must take reasanable st�ps tQ ensure that LEI'persans have meaningful access tcr yollr program�(�0 Fed. Reg. at''7408?to �41fl0); • Title I�ofthe Education Amendrrt�nts of 1972, as amended, which prol�ibits yau from discriminating because af sex in education pragrams ar activities{2� U.S.C.1681 et seq). Consul[ing.andProCessional.Services�Cantract/FHWA�a�FederalFundm�Assis. .p�ge �'t� � Exhibit A Page 1 of 2 CITY C?F REI}D�NG CCINSULTING ANI} PRUFESSItJNAL SERVYCES Ct}NTRACT �cop�of S�rwices fc�r Construction Management Services for the t}ld Uregc�n Trail Sh�ulder Widening Project 1,0 INTR011UCTION This City of Redding project will improve the safety and rideability of approximately 1.1 miles of the Old Oregan Trail F�oad between Paso Robies Avenue and Bear Mauntain Rc�ad. The project plans will add 6-foot sh,�ulderslbike lanes oil the segment af the roadway.Thexe will be portions of full reconstruction, partial reconstructian, new constructian, coid milling, HME1 overlay c�ver the existing roadway and HMA pavi�rg an tlre new alignrnent and new bike lanes: W�rk will alsa include the construction of driveways, additi�nal storm drains, and raadway striping.Further,there wili be adjustments of valves,manl�oles,�re hydrants,water meters,fietd fencing,and mailboxes. �Tflrk is anticipated to be completed within 90 wai•king days and is anticipated to start in earnest in the spring of 2025: Some tree removal activities will accur in late/early winter of 2�24 to accammodate t�ird nesting windows. These eleinents will be explored further in aur approacIz section, �where we address same af t11e project challenges and our propased solutions. Field observations included signage for buried fiber aptic cabling and Bella Vista Water I7istrict fire hydrants adjacent to the existing raadway facilities. Care will have tt� be taken to avoid impacfs ta existing utilities when relocating any water lines and hydrants to accommodate the new alignment ar�d expanded shoulders: Existing utilities have been identified on the plans but will be pasitively located by Underground Se�rvice Alert-Northern CaIifornia (USA) and potholing in the fietd as a first order af wark; tn id�ntify any patential cQnflicts that will need to be addressed. The roadway will need ta remain open and prouide safe access thraugh�he praject lacation for loc�l residents and businesses. The contractor will need to be detailed in sehedul"rng af major operations, staging�f materials, excavati�n stockp2ling and hauling, and traf#ic control on this contract. The scape of work includes services prior to constructiQn, services during constructian, and services after canstruction, 2,Q SCUF�C}F SERVICES Construction Management Services from May 2Q25 through approximately September 2b25: This includes: Y're-Canstruction � File R:eview • 5chedule Review = Preconstruction Cc�nference 17uring Constraactian • Canstruction Meetings • Labor Compliance • Caordinati�n Pr�gress Reparts - Cantract Documents • Contractor In�uiries Exhillit A Page 2 af 2 CITY C1F REDD�1'�1G CC?1�T�ULTING AND PR(3FESSI01"VAL SERVICES C(3NTRAC'T Scope af Services for Canstruction Management Services for the ()ld C)regon Trail Shoaelder Wfdening Project Contraet Change Orders • Surveying • Progress Payments � Construction Tnspection P"roject Schedules a Test Data • ProjectBudget • 'Traffc Control • Cantractor Prapasals • Safety Y Utility Caardination • Environmental and Permits > Shop I7rawings Claims Management • Project Subrnittals • Final Insp�ctian • Materials Testing • Quality Col7trol Post-Construction • �laim Resolution = As-Built Plans � Contract Recards 3,0 DELIVE LES In general, deliverables are anticipated commensurate witih industry standards for the scope:of services Identified. The Consultant has total responsibility for the accuracy, ct�mpl�teness, and timeliness of all meeting notes,contract change orders,pragress payrnents,labar compli�nce,reports; and all otl�er work performed under this contract;This includes; a Prepare a tentative schedule that ident'rfies constructlon stages,utility relacations,notification timelines for permits and agree�nents, and all items that will be submitted by the Contractar far r�vi�w�nc1�:pprov�i. • For construction rneetings,co��sultant shalt prepare meeting agenda in consultaticrn with City Construction Manager. • Prepare monthly pragress reparts and subrnit ta the city. • Prepare responses to RFI's in carnpliance with the plans, specifications and City procedures for City's apprc��al. Prepare change orders in campliance with the specifications and City pracedures for City"s approval. • Analyze Contractar's initial schedule of values for reasonableness>Reconcile and document items of work in compliance with the specifications and prepare monthly progress paylnents in compiiance with City procedures for City's approval. • Evaluate Contractor's cost-reduction proposals and provide recommendations ta the City: • Coordinate,document,and tnake engineering rect�rnmendations regard`mg shop drawings a��d their compliance with the plans and specifications for the City's and design engineer`s appraval. • Coordinate, doculnent; and make engineering recommendatians regarding submittals and their compliance with the plans and specifications for the City`s and design engineer's approval. 4 Pravide complete daily inspection of the construction and the Cantractar's operations and prepare daily and weekly inspectian documentation. • Canduct and document projeet safety meetings in accordance with the project require►nents. Report all accidents, includingproperty damage,and natify proper authorities.Document all incidents with photographs and written `¢as�+�ti ^��'o � °`a� °�'��'ml��."°,.n' � � 'l,:i�1�m�+`�v'� ` �� '�,Q 1{ ..�. '�..1��.,,,..'°�w; n+,wt ��+n�m�� mg�«» yk n uw 'Y' e w �" � ,�c o I.•r uti uw ` r: �e w ua �r-«� e ro ~� w w w�an v`ue ��s rr.n�.+�w w��a�vk�vs vr v.w�w vr vf w:�vW w�.n ��. �� p . .: .. . O� �� W.V.Y Of.,��.r. � .��' ` +M 4. +�-' �. �� V{ +� M � }�� W� M1�t bk N'F Y��#!t N 1S4 ��elk st1 f/i N�ttY 1t1 W V't�.iJF Y{N Nl.if4 fJ} y� 4�M1�N fPk ir4 '{�. t � rytf�� M A�N A�"1 ..Tt . '��P M1�4�0j M W'4 M1�� w� � �.. � O N�� t+W..� ♦ � a...� � a. � r N Y�N ' M1�+YY ' 1 M�1 , Y� O�{ x'. .4 W�Y 1N N W� h�. �w+1 !0 �.L�. � i"' reF � 9S�.M +w�. �.�� 4M1NVMl�.� � �. # �� I � . N Vh W � m �^ pp � '� �.. ��'},,. C5 N��W Vt�W��Np�N��@��T��QyF�On} ��4�b �+a�t �. G p .� �•fI � � .+�0i r�w��N V�v er�k u�i 81 Y�!yepg W��tl@��, � . • �� .w�+ 1+t?F�.V!Y1 i+�N iq��44 tYY rtt�1`M.#M� MG. W .� N,{ t�� . '4 qf� G%C+ ��y'ti r-t N M N1 Y'i .. � �*f Mf�Y4` � M�..f �:. ih Yh �� LM N th#J4 1lM N ..,,�N bf N...."N4i W V! N M'1 VF tib 5Yt V4 N Vf�f/S 4':�.. O L�: �8 O N4 �� Nffi{W� �D �F�k $I�L`j5�.. "�"i� +Oq�. h1 N!G1�.i � � � � � � � � � .+ ��N ' �.�. YM �D �*1�� V u�'S Q V h O h . !+� �q . U! h� �� h1 �8 M Y� r+ �.. eY ... !n. :�., .. . �. ..... W.M1..M'.. .. .,.. . ....M.. .. .. � �.�. {. �. ... �,: .. �...,p . '44 'Y{... 4+k V4 i/l 4h vl tdk N N M1�rY1 N N Vl ��W Ui K YA�.�N 1Ff 41 idt N 4{� s�� r w,, -�,'� . � ��`y � � $ m w .v m"`° '� $ 'r.m, *� � .' �i� $ f� � � � � ��.� � � d. ,i�i�.��.0 ue�r � �.�..... � ,�. ,� ...: �� F . ... M.. # f °Y�a�¢ .,� � � � �. � � �� Y v i � r� �,� � - � � '° -�" � " > ■� a � � � . �,�'''} ��. �.,..+�.+. c�. �.� � ��*� ro i�1 � G �, ^r'v,�� n r r � � �a w� �S Wm +� •.• ,,, � "�"�,�� ` � ' � �� 4 �",{,�'�.�. � �i uai�rt a °°�:y`m.�ti,�o nr�r�t r+ ♦��.v r��.�+s .� � .� � � * � ,'`�, ° � � �� , � s �. �� ,� � �, � "' " „ � . � � � � . ' �� w �z � � wti *r� r '� � � �� . �� r� � � � � � � � _ ``'��' �.y G � � � �"' $.� � ��: Y 5C 4 ��B '� �. � � . �, Nw�. � � x r"�. �I �: �� + $w',�: �+ �� 1'`�.� � `�� C ,�� .. ��.. w" ��.�yy �� .� �� b�. � ��4 �� y� ��. C��. `� gg ,�g �qCe �� .+ti� � � �� y� � ��.� �. ��. ��$.��a,t7 i � V� �i+��aw�!�1=i.i w�� . +� �4�� Ci �"'.r v'�. AA�P �e.y� a�vn mr.mm�ea.+ra+n.�.vur w e�..awo .i�nwm+r y��+or. ��m�^ � . .w xrt.r«t A+�i .1 e+.�.+�e M N�M Y'u ni N t'il M !WI�: Exhib'rt B Page 2 t�f 7 City af Redding CI1A Services for t31d t?r�gon Trait Shoulder Wideing Prtaject Gt?ST-PLt1S-�IXED-FEE (DE51GN,ENGINEERING FtiNC}ENVIRONMENTAL STUCtIES} 4�cs�� rk-u��lct��l�icsvr�;c9 � Prime � Sub � �nd 7ier Sub Gonsultant: TRC Engineers;Inc. Project Na.: 5518 Contract No.. TBC7 Date: 9J12t2D24 Ctll2ECT L.A�iJR Classifica#ioniTitle IU�me Hours Actual Hourly�tafe Tot�l (*){"*)Projecf Manageel[nspector David Skinner 180 $ 7f1.07 $ 12;612.60 ""*F�esiden#Engineer Eric Keber 370 $ ' 7�.46 $ 28,290.�0 *#lnspecfor F�efe Tt�b�r 160 ; $ 84.(76 � 63;88>.6� �taims and Scheduling �amad Namoud 79 � ; 127.81 $ 10,096.99 $ + $ _ � _ LA80R CC)STS _ a) Subtotal Direct Labor Costs $ 114;�85.39 b) Anticipa#ed Salary increases(��g�2) $ c) TCtTAL�71FtECT LABUFt Gt3S'CS $ 11#,8$5,89 INDI�tECT CiJSTS d) Fcinge�enefits Rate: 51.35% e} `tofal Fringe Benefits $ 58;997A9 fl C}verhead Rate: 80.45°fo g) C7verhead $ 92;429.89 h) Generai and Administrative R�te; i} Gen&Admin $ _ j} TCITAL INDIRECT GUSTS _ $ 151,d26,98 FIXED F'EE k} TQTAL FIXE[}�E� 10.�t1°!u � 26,63'1.24 CON�tJLT�M7'S C}TFI�R DIREGT Ct�ST5 t3C1C -t7EMIZE bescri tion af ltem Gluanti llnit L1nit Cost 1'otai Milea e Casfs � - $ _ E ui ment Ren#al and Su lies $ - $ _ Vehicie.$823.4a/mo ,ro-rated ta$4.9t�/hr} 9�5 fttrurs $ 4.�t? $ 4,63Q.56 Pfan Sheets 9+ - $ TesT $ $ - 1) TOTAL t3THER LtIRECT CtJSTS $ 4,63p.5ti 5tlBGt?NSULTANTS'G{)Sl`S Sukacnnsultant: Pavernent Engineers,tnc. $ 45,325.�0 Subconsul4ant: CASI $ 18,��5.00 Sabcansuit�nt: Subconsultant: '.$ m) TCf7'AL SUB�ON9ULT,4NTS'GtJSI'S $ 5#,510,00 n)Tt}TAL t}7HEI�C11R�Ci'COST51(d�LUDING SUBGt}NSULTANTS � 69,140.5Q tar,��c�sr $ �sa,o�ti.�� NC?TES: 1) Key personnel rr�ust be marked with an asterisk(*}and employees that are subjest to preuailing wage requiremenfs must be marketl with twa ast�risks {*").Alf cos,ts must comply with the Federai cost principles.Subconsuitants will peovicie their awn cost prapcssais: 2} The cost propc�sal format sh�ll not be amerided.Indirect cost rates shali be updated on an annual basis in accordance with the consulfant's annual acctrunting perit�d and esiakalished by a cognizant agency ar accepted by Caltr�ns. 3} Anticipated salary increases catcul�ticrn(page 2)must a�ccampany: Exhibit� Pag@ 3 Of 7 Gity af Redding CM Services far QId Or�gun'7rai1 Shoulder Wideing Project C057-F'LUS-FIXED-FEE (CALCULA7�ON5 FOR ANTiCIPATED SALARY iNCREASES) Cansuftant: TRC Engineers,Inc; Praject No:: 5518 Gantract No;; TBD Date; 9/fi21202# 9: Calcul�te Average Hourly t�ate for 9st year of the cs�rs#ract(C3irect Labor Subtotal divided by tot�l hours} Direct Labar Total Hcaurs per Avg 5 Year Subtota►per Gost Gost P�oppsal Hourly Cantract Propasal Rate Duratian $114;885:39 1,389 = �82:71 Year 1 Avg Haurly Ftate 2. Calculate hourly rate for all years(Increase the Auerage Houriy Rate for a year by propas�d escalation°la) Avg Haurly Rate Proposed Escalaiiorr Year 1 $82.71 + 3°k = $85.19 Year 2 A,vg hiourly Rate Year 2 $85;19 + 0°l0 = $85:19 Year 3 P,vg Hourly Rate Year 3 $85:19 + 0°l0 = $85:19 Year�Avg Hauriy Rate Year 4 $$5.19 + {}°Ta = $$5:19 YBar 5 Avg NDut1y Rat2 3. Calculate�stimated hours per year(Muitiply estimafie°to ea�h ye�r by total hours) Estimated°Jo Completed Total Haurs per Gast Total Haurs per Each Year Propos�l Year Year 1 900.0°l0 "' 1,389 = 1,389 Estimated Flours Year 1 Year 2 O:t1°lo '� 1;389 - 4� Estimated Hours Year 2 Year 3 0.0°k " 1,389 = 0 Estimated Hours Year 3 Year 4 O:D°lo * '1,389 = 0 Estimated Nours Year 4 Year 5 O.t�°lo * 1,389 ` 0 Estimated hiours Year 5 7ata1 100°l� Total = 1,3$9 4. Calculafe Total Gosts in�Iuding EscaMatifln{1V4uttiply Average Haurly Rate by tha numher of fiours} Avg Hauriy Rate Estimated haurs Gast per (calcul�ted above} (catculated above) Year Year 1 $82.71 ` 1,389 = $114,884:19 Estimated tiours Year 1 Year 2 $85.19 " d - $q.0(7 Estimafed Hours Ye�r 2 Year 3 $85:i9 * 0 = $0.00 Estimated Hours Year 3 Year 4 $85:18 (7 = $t�.tl0 Estimated Hours Year 4 Year 5 $85:19 "' D - $O;OCI Estimated Hours Year 5 Total Direct Labor Gost with Escaiation = $114,884.19 Direct Labar Subtokal before Escalation = $114,&85:39 Estimated total of L7irect Labor Satary = �O.tft1 Trans€erto Page 1 Increase s NOTES. 1. This is not the only way to estimate sal�ry inc�eases. Qther methods will be acceptetl if they clearly indicate fhe°l4 increase,the#af years of the contract;and a breakdown of fhe labor to 6e pertarmed each year: 2. An estimation that is based on direct labor multiplied by saiary increase°la muitiplied by the#of years is not acceptable. (i.e.$25p,00Q x 2°lo x 5 yrs=$25,OOC3 is not an acceptable methodoiogy} 3. This assumes that ane year will be worked atthe rake on the cost proposal before salary increases ate granted. 4. Caicuiations for anticipated salary escaiatitsn must be provided; 5. (f 100°Jo p�rformed in Yea�1 or increase calculation resuf#is less than$0,$0 is reflecked 6y defautt. Exhibit B P�ge 4 of 7 City�f�tedding CM 5ervices far Old t�regan Trai1 Shoulder Wideing Praject Certificatic+n of Direct Costs: 1, the undersigned;ce�kify tc�the best of my knowledge and k�elief that a[I direct casts identifi�d on the cost proposal(s) in this contract are actual; reasonab(e, allowabl�; �nd allr�cable to the ccrntracf in accardance with the�antract t�rms and th�following requirem�nts. 1. Generally Accepted Accounting Principles{GAAP} 2. �erms and cc�ndifions of'th�cor�tract 3. �i�� 11r�i�� t��s��w 1,�;2-Letting of�ontracts 4. �d��s��f��d�r�I�� I��ic�r��°��fi 3� �Ce�ntractCost Princip6es�nd Procedures 5. 23 4��c��r�� ial�ti�r��rt°�7�-Procurement, Man�gement, and Administration of Engineering and besign Related Service 6. ��+�d�+af��d��l��ticars� P��4�4-Cost Accc�unting Standards Baard (when applicable} All costs must be appiied consistently and�airly to all contracts: AII documentation of cc�mpliance rnusfi be retained in the project files and be in campliance with applicable federal and state requirements. Cc�sts that are noncc�mp{iant with the feder�l and state requirements are not eligible for reirnbursement: Prime Cc�nsultant+�r Subconsulfiar�t C�rtifYin�ti: Namie: Lincc�ln Leamar� Titl�*: Vice President _ Signature; ��k,� [?ate of Certificatian (mmiddlYYYY): �f12l2024 �x�.., �. ��-...�..� Email; ��s�ra��a��c�ri��r�s��,��arn Phone Number. (�1�}562-2t�33 Address; 1�?68t3 Whit�rc��k Rd. Suite '10�, Ran�hc�Cordov�, CA 956�C} `An individua6 executiue or financial c�fFicer of the cc�e�suttant's or subconsultant's organizafii�n afi a leve)no Ic�wer than a Vice President or a Ghief Financia{(7ffi�er; c�r equivalent,who has authcrrity tc�represent the#inancial informati�n utilized to establish the cast prespc��ai for the cnntr�ct: List services the consultant is prcaviding under the presp�sed contract; Construciion Managernent arrd Inspectian servic�s Page 5 of 7 Locat Assistance Procedures IVlan�aa[ EXhlb(�B Exhibit 1t1-U1 Consultant�r�posal_DBE Commitment ExHtBt`r 10-(}l Cotvs�rUT�ivT Pzz4�c�sa�.13BE COtvtMZTM�nT 1,Ls�c�i Agency� �ity of Redding 2.Contract DBE Goat; i°lv 3.Project bescriptic�n: ��nst�vctian Management 5ervices far�ld Oce&on Trail Shaulder Widening Praject f�r ti�e City af Redding,CA 4:Prtrject loGakion: �71d t}regon Trai1,City Of Stedding,CA . 5.Gonsultant`s Name; TTtC Enginears,inc. . 6. Pr'�ne Certified C►BE:p 7. Des�t`sptics�of Vltork, Service,ar Materials 8.DE�E � Supplied Ceekification 9. DBE Gontact Infiorma�tion 10. D9E lo Numtee Labor C�mptiancetCertified Payroi( ��$31 Contract Admin�str�tive 5ervices, 104b9 Trade y:� �enter I)rive;Ranchc�Cordova,GA 456T0 Loc�Agency ta Comptet�this Section 17. Loc�1 Ag�:ncy Gontract Numtaer- _ 11.Tt}TAL�LAIMEC3 DBE PAFtTtCIPAi'tON 5;0°fa 18.Feder�-Aid Rroject Number: Consultanhs ftanking after Evaluation� - IN�tJRTP�tT:tdentity atl dBE fitms being ct�rned f�u credit, Laca!Agency certifies that�I C�BE cert�cations�e valid�nd infarmatian a� regardtess c�kier.Writt�n confirmatfon uf eac�a I�ted QBE� th�s fortm i�campir:te and acc�`�te. tequiced: t19/20(2024 21.Local At,�ertcy Representative`s Signdtute 22 Da#e 12.Pteparer's Sign�ture 13.l�ate Lincaln Leaman,PE,Q3D/P 9t6.562.2033 23.LocaLAgency Represent�tive�s Name 24.Phone 14,Prep�er's N�sme 15.Phone VP,NoFthem CA Regianal M�r 25. Local A�r�cy Repr�sentatiue's Tit� 16.Prepar�r's Title [}ISTRIBUTidN: (3riginai-lacluded with consuitant�s ptopos�i ta 1oca1 ages�y, �;DA NotYce. F�irrdividuaks vv�h s�sary disat�7rti�s;t�is docum�nk�avaAat�s et at#emate tnrmats. F�inlcsrmatian re�(916)654-641�w TDD(916}854- 3$80�w�e Reccuds arrd�orms hAanagement; 112Q M StCeet,MS-98,SaGtamento,CA 95814. L+p"p' X8-QX FBg�Z UfZ Janu�ry 2Q1� Exhib�t S Page 6 of 7 Local,Assistance Procedures Manuat Exhibit 10-(?2 Cor�sultant�oncract IYBE C€�mmitment EXHI!BYT 10-Q2 CQNS[7LTAlYT Ci7NTRACT D�E�UMMITMENT` � �,�,�a��y_ City of Redding �.c�ntract daE�c,ar, � 3.�ro�ect oescription. Construction Nianagementi��rvices f�Old Clregc�n Trail Shoulder Witiening Pro�ect a:�roject�ocation. C�1d t�regc�n Trail, City of Red�ing, CA S.Consultartt�s td�me: TRC Engin�ers, Inc, s. Prirne cert,fied D�3Et II 7.Tata!cuntract Aw�d�rnount. T�� 8.Tot�C7oH�e Amuunf f�ALL Sabcansuikants; 4d,085 9.'fot�NUmber�Ai.L Subcansultants� � 10. Descriptian c�f Wcsck,�uervice,�Materials 11.C?BE 13.DBE S11�5�3I�d (;Bi�IfIGB�lOt1 12c O�E GOfi�3Cf GlifQtP118�fQiI DOII3t f�UTTib21' �T10lltik Labar Cornp{iance/Certifted Payroll 43831 �ontract Aclmin Senrices, 1�969 7rad� te,5�5 C�r. Dr., Rancho Cordc�va, CA 956�0 Materiais Testing �� Paverr;en#Engineering, 76'10 Avi�nca o.� C3rive, Redding, CA�64�02 t.�sc�Agertcy�C�mplete kt��Section . �t3:Locai A�ev►cy Ct�tract S 1@,58a N"""h�,.' 14.TCITAL CLACiVN�C1 C?�3E F'�TiCE#�A'Ci�tN 21.Feder�•Aid Pro�ck Numher, 22:�,'oMr�#EceCutit#tt 5,40°10 n�t�- laca!Agency c�tifies that�!tiBE c�tiFcatians are v��i and infoiimati�n on fNIPt�TAf4l":[dentify�!CY�:fums Ereing dairr�ed f�r credit; this fatr►s+�rn�ete an�i��ate. �egardless c�tier.Written cs�nfirmatian�eath(�tec!GBE is requited. 9120/24 23.Lncal Agency R sentalive's ignature 2A. Dat� 15.Prepar�r"s Sign�ture 16. ate ,� Lir�cr�ln I�eaman, P�,QS[J/F 916.562.20�3 2 . o Agerrcy Representativ�"s Name 2 .F'hone t�.Prep�rer's Name 18.Phone . VP, Northert� CA Re�, Mgr . oca �cy i2epresenta nee`s i 1 .�'reparer's yt DIS7R18U71ON: 1_CJriginal-Loca!Ag�crcy �. Capy—�Galtr�ns Distrid L�rcal Assistcanc�EnSineer{DLA�).�ailure to submik to DtAE within 30 days af contra�t execution tr�ay resulE�►de�-obligation r;�f�der�tu�►ds+m confta� AC�A Not]ce. Fw individua(s v�h sensory di�tflss,4t�s doC�rrent�s avatlai�e�aft�nate Fsu►t��s. F��fc�rr�titm c�l(916)654-6410�TdD{9ib}654- 3d80 t�w►#e R�cotds au�d�amt��rt�a i,t120�i Stt�t;M5-89,Sacrarstent�,CA �5814. FEtge 1 a€2 July 23,2�1§ Page 7 of 7 Loc�al Assistance Procedures Manual EX{11b1� B EXHBIT 1t}-+Q Disc[osure uf Lobbying Activities' �XI�C[16Y7C 1�-(� I)ISCT.,t�S�tJRE 41F LOBBYiNG A�1'IVI"TIES CC3MPLETE THI5 FUR��T0 I7ISCLOSE LQBBYING ACTIVITIES F'UFtSUAN'�TC}31 U:S.C. 1352' l. Type of�'ederal Action. 2. Status of Federal Aetion. 3. R:eport Type: a. contract a bidloff�erlapplicatian � � initia( b. grant b: initi�l awaed b: materiai chan�e c. coc�perative agreement c: post-award d. faan �or MateriaC Change Oniy: e. loan guarantee �` � ��T�� k�`l� ��iT��i�'S ��6 �1��5�. year__ quarter f. toan insurance l��t ��p��;�� date oflast report 4, Name�nd Address of Reparking�ntity 5. It'R�porking Entity in No.�i�Subaw$rdee, Enter Name$nd Address of Prime: �Prime ❑Subawardee (t�f�t Tier ,i f known 1068t?1Nhite F�ock Road,Suite 1(�O,Rancho�ardava;CFi 86670 C�ngressions(District,if known Cangression�t 17�strict,if knc�wn 6. �'eder�l 27epartmentlAgency: �� '7a �'ederal Program Name/L3escriptian: CFDA Number, if applicable �1� S. Feder�i Actir�n Number,iF knawn: �� 9; Awsr�1 Amaunt,if known: �U: Atame and Addross af Lobby EnCity Y1. Individuais Performing Servfces �� (If individual,last name,first name,MI} (including addcess`rf diff:rent from No.I0) �/r� (last name,first name,MI) (attach Continuation Sheeti{s)if necessary} 12. Amouret ai Paymenk{ch�ck all th�t apply} 14, 'Type af'Yayment{check alI thst applp} � � �� actual �planned a. retainer b. one-tirne fe� ]3. �'orm of Psyment(check all that aPplY): c. commission a cash d. cvntingenk£ee b. in-kind;specify:nat��re �/� e c�f�rced ��M� ��: Value � f. other,speeify NtA 15. Brief l?escripCion af Services Performed or to be performed and Dgte(s)¢f Service,incloding officer{s)r emptoyee(s},or member{s)c4ntacted,for Payment Indicated in Item 12c �� {attach Continuation Sheet{s}if'necessary} I6. Cantinuation Shcet{s}att�ched: Yes ❑ No Q 1?.Int<tematiem requeste�i tfircrugh this f�m�s autharized by Title ' ,,__(:; 31 U.S:G,Sectian 1352. This di�c►osure u#Iobbying eelianoe $ignature. " �vas ptaced by the tier abowe when his trar�saction was made cu � �, °" ,. enteeed into. Thts disclasure is requircd pursuant Eo 31 U:S:C. Pcint Name:LinCalh Le�tT1��i, PE,Q5C7 1352: This inforr�tati�wil(be eeported b Cangress serniannual[y and�vili t�avai(able f�publtc inspectio�. Any Tifle: VP, Nt��fhem CA f�eglotl�C Mgr ptrsan who fails to fiJe the required disclosure shall be sub�:ct ,�,,.� .� to a civii pertaYty of ncrt Iess than$L0;440 and not m�sre than $io0,0Uo far each such fai[ure. Telephone Na.: 916-562-�t}3� L7ate:912t}/�4 Authorized fcu Local Repraduction Feder�tt Use C)uly: Siandard Form-LLL Standard Form LLL Rev.6�-28-OG Bistribution: Orig-Local Agency Project Fites P��e X LP'P 13-01 May 8,Z013 ��n� ; � �� " CITY OF REDDING � �� , � REPORT TO THE CITY COUNCIL MEETING DATE: February 15, 2022 FROM: Chuck Aukland, Public ITEIVI NO. 4.11(e) Works Director ***APPROVED BY*** � r ,.� � _,tr,,,�� Ct��ri(�,�t1�77�1C��'Ckk"�:5�1�"��1 �r'71��}�� .��, '� ,� ,["iry�v9m�� )c��s�t �t�, �t�r��i�cwl)rrccia,r �.7�fk2�,� caukiand@ci.redding.ca.us mkufner@cityofredding.org SUBJECT: 4.11(e)--Adoption of the Old Oregon Trail Safety Improvement Project, 1Vliti ated Ne ative Declaration and the Miti ation and Monitorin Pro ram Recommendation Authorize the following actions relative to the Old Oregon Trail Safety Improvement Project: (1) Adopt Mitigated N�egative Declaration and Mitigation Monitoring Program; (2) Approve Old Oregon Trai1 Safety Improveinent Project as described, thereby satisfying the requirements of the California Environmental Quality Act (CEQA Guidelines §15074); and (3} Direct staff to file a N�otice of Determination with the Shasta County Clerk's Office and the State Clearinghouse. Fiscal Impact Approval of the project along with adoption of�he Mitigated Negative Declaration (MND) and the Mitigation Monitoring Program (MMP) allows the project to move forward to the final design and construction phases. There is no fiscal impact as a direct result of adopting the MND, MMP, and approving the project. The Old Oregon Trail Safety Improvement Project is estimated to cost $3,200,000. The project is grant funded through the Federal Ilighway Safety Improvement Program (HSIP) (90 percent) and the Streets Division(10 percent). Alternative Action The City Council (Council) could choose to not adopt the MND and the MMP, and not approve the project as described. Without approval, the project would not proceed as a City of Redding (City) project, as it would not be in compliance with the California Environmental Quality Act. Report to Redding City Council February 7,2022 Re: 4.12(e)--Old Oregon Trail Safety Improvement Project Page 2 Background/Analysis The project area lies in northeast Redding along Old Oregon Trai1. Construction will begin approximately 100-feet west of Paso Robles Avenue and extend east to Bear Mountain Road. The purpose of the project is to improve safety for pedestrians, cyclists, and motorists. The project is needed as this section of roadway has little to no roadway shoulder, and non-motorized access is limited. This section of roadway also has an accident rate that is higher than the statewide average for similar roadways. The project includes earthwork, vegetation removal, drainage modification, utility relocation, fencing and guardrail installation, paving, striping, sign installation, and right of way(ROW) acquisition. The existing road alignment would be widened to create one standard 12-foot wide lane in each direction with 6-foot wide paved shoulders. A section of roadway would also be realigned to improve a compound curve. Tree removal would be necessary to allow for road widening, and existing culverts beneath the road would be replaced, extended, or abandoned in place as needed. Utility poles, fire hydrants, and waterlines would be relocated if they conflict with the new roadway improvements. New guardrail would be installed where needed for public safety. Most work would occur within the existing ROW, but some permanent ROW would be needed from adjacent private lands to realign the roadway and improve the curve. A temporary construction easement(TCE) may be needed in one location to allow for eulvert extension. Contractor staging areas would be located in existing graveled pullouts along the Old Oregon Trail existing ROW: one is approximately 0.2 mile south of the southern end of the project's construction area boundary, and one is approximately 0.1 mile north of the northern-most end of the project area. Construction would require one-way traf�c control, resulting in travel delays of up to 20 minutes. Some portions of the work may require partial roadway closures and traffic detours. Tt is anticipated that construction would take one season and is planned for 2023. An Initial Study (IS) was prepared to satisfy the requirements of the California Environmental Quality Act (CEQA). It describes why the project is being proposed and the potential impacts to the existing environment, The IS shows that the proposed project could have a significant effect on biological resources, but with implementation of mitigation measures, those impacts will be reduced to a 1eve1 considered less than significant. The mitigation measures and conservation measures to be implemented are common practices and include, but are not limited to, biological pre-construction surveys, impact minimization, and erosion control. Based on the conclusions made in the IS, an MND was prepared. The MND describes the project, including mitigation measures, and makes the determination that there will be no significant effect on the environment provided that the defined mitigation measures are implemented as part of the project. In addition, a Mitigation and Monitoring Program has been written and incorporated into the MND (CEQA Section 2108 L6). The MMP will be used by City staff, contractors, agencies, and monitoring personnel during and after the project to ensure effective implementation of the adopted mitigation measures outlined in the MND. The IS/MND/MMP documents were sent to the State Clearinghouse for a 30-day public review period and distribution to pertinent state agencies. They were sent to local resource agencies, the Shasta County Clerk, and posted on the Public Works Department website. A public notice was also sent to landowners in the vicinity of the projeet and posted in the local newspaper. One comment letter was received d�uring the public comment period. A response to the comment letter has been prepared and is attached to the final MND. Report to Redding City Council February 7,2022 Re: 4.12(e)--Old Oregon Trail Safety Improvement Project Page 3 The City of Redding is the lead agency for the project pursuant to CEQA. As the lead CEQA agency, the City Council is authorized to adopt the MND per Redding Municipal Code Section §18.24.070.E and state law. Upon adoption of the MND and approval of the project by the City Council, a N�otice of Determination will be filed with the Shasta County Clerk's Office and the State Clearinghouse, completing the environmental review process. The IS/MND is available in the City C1erk's office for review and is currently available online at ht��://��.�i�vc�fi��;ddin�,c�l��rtm�t��slt��.��ic-�s�rl�sle�va��r��z��ta�-rta�r�a��n�r�t. Council PrioNity/City NfanageN Goals • This agenda item is a routine operational item. Attachments Location Map Mitigated Negative Declaration(available online) Response to Public Comments (available online)