CITY OF WEST SACRAMENTO
REGULAR MEETING OF THE WEST SACRAMENTO CITY COUNCIL AND
WEST SACRAMENTO REDEVELOPMENT SUCCESSOR AGENCY & WEST SACRAMENTO FINANCING AUTHORITY
NOVEMBER 7, 2012 AGENDA
Christopher L. Cabaldon, Mayor
Oscar E. Villegas, Mayor Pro Tem
Christopher T. Ledesma, Council Member
6:30 PM
7:00 PM
Mark F. Johannessen, Council Member
William G. Kristoff, Council Member
Martin Tuttle, City Manager
Jeffrey Mitchell, City Attorney
Closed Session - See attached agenda
Pledge of Allegiance
Anyone wishing to address the Council, or any agenda item, should fill out the
Request to Speak form and present it to the City Clerk prior to the completion of
staff presentation.
1A.
PRESENTATIONS BY THE PUBLIC ON MATTERS NOT ON THE AGENDA WITHIN THE JURISDICTION OF THE COUNCIL.
The Council is prohibited from discussing issues not on the agenda brought to them at this time.
According to State Law (the Brown Act), items must first be noticed on the agenda before any discussion
or action.
1 B.
COUNCIL COMMUNICATIONS / ASSIGNMENTS
Capitol Corridor Joint Powers Board ---------------------------------------------------- Ledesma; Alternate - Villegas
CityICo unty 2x2 ---------------------------------------------------------------------------------------- Johan nesse n; Vi II eg as
CityISch 00 I 2 x2 -------------------------------------------------------------------------------------------- Led es m a; Vi II eg as
Com m unity C ho ice Agg reg atio n Stee ri ng Com m ittee-------------------------------------------------- Ja han nessen
Delta Protection Commission ---------------------------------------------------------- Cabaldon; Alternate - Ledesma
Executive Commission for the Homeless 10-Year Plan ------------------------------------------------- Johannessen
Loca I Ag en cy Formation Co m m iss ion ------------------------------------------------------------------------------- Kristoff
Port District Commission --------------------- Ledesma; Johannessen; Villegas; Cabaldon; Alternate - Kristoff
Regional Water Authority-------------------------------------------------------------------- Kristoff; Alternate - Ledesma
River City Stadium Financing Authority---------------------------------------------------------------- Kristoff; Cabaldon
Sacramento Area Council of Governments (SACOG) --------------------------- Cabaldon; Alternate - Ledesma
Sacramento Regional County Sanitation District Board ------------------------------Villegas; Alternate - Kristoff
Streetcar Policy Steering Committee------------------------------ Cabaldon; Ledesma; Alternate Johannessen
Universal Preschool for West Sacramento Executive Board----------------------------------------------------Villegas
Water Resources Association-------------------------------------------------------------- Ledesma; Alternate - Kristoff
Waterfront Coo rd inati ng Co m m ittee ------------------------------------------------------------ Jo ha nnessen; Led esma
West Sacramento Area Flood Control Agency J PA ---------------------------------- Kristoff; Alternate - Ledesma
West Sacramento Housing Development Corporation Liaison ---------------------------------------- Johannessen
Yolo Cou nty Housi ng Authority -------------------------------------------------------------------------------- Johan nessen
Yolo County Transportation District -----------------------------------------------------Villegas; Alternate - Ledesma
Yolo Natural Heritage Program JPA Board -------------------------------------Ledesma; Alternate - Johannessen
Yolo-Solano Air Quality Management District----------------------------------Ledesma; Alternate - Johannessen
Yo uth Com mission Li a ison -------------------------------------------------------------------------------------------- Vi Ilegas
1C.
COUNCIL ApPOINTMENTS, REAPPOINTMENTS, REMOVALS TO/FROM CITY AND NON-CITY BOARDS AND COMMISSIONS
2.
ADMINISTRATIVE SERVICES/HuMAN RESOURCES
CONSIDERATION OF THE TERMS OF AGREEMENT BETWEEN THE CITY OF WEST SACRAMENTO AND THE WEST SACRAMENTO
FIREFIGHTERS' ASSOCIATION, LOCAL 522. (WRIGHT)
Comment: The MOU between the City and the Firefighters' Association, Local 522 expired on 7/1/12. As a
result of continued negotiations, the parties have reached an agreement, and the Fire employees ratified the
same. This action seeks Council consideration and approval of this agreement.
3.
POLICE
CONSIDERATION OF CONTRACT RENEWAL FOR ANIMAL SERVICES WITH YOLO COUNTY. (DRUMMOND)
Comment: The County of Yolo provides all of the facilities, equipment, personnel, labor and supervision related to
animal control. The current contract period has reached the expiration date and a new contract needs to be
approved for the County to continue providing these services for West Sacramento.
4.
POLICE
CONSIDERATION OF APPROVAL OF PROFESSIONAL SERVICES CONTRACT WITH EMERGENCY VEHICLE OUTFITIERS FOR
EMERGENCY RESPONSE EQUIPMENT, LIGHTING INSTALLATION, AND REPAIRS. (DRUMMOND)
Comment: The police department requires the installation and maintenance of specialized emergency equipment
such as radios, sirens, microphones, and light bars in the police vehicles. Staff released a Request for Proposal
per the City's purchasing policy.
5.
PUBLIC WORKS/ADMINISTRATION
CONSIDERATION OF APPROPRIATIONS TRANSFER FOR FIRE TRAINING TOWER AT THE PORT OF WEST SACRAMENTO.
(PANOS)
Comment: This action is requesting Council approval of an appropriations transfer for a multi-story marine
vessel training and exercise tower that will be constructed, if approved by the Port Commission on November 14,
2012. The Fire Department plans to build a fire training tower for incidents that occur either on board a ship or
within confined spaces in the Port. This structure will be partly funded by FEMA Port Security Grant Fiscal Year
2009.
6.
PUBLIC WORKS/ENGINEERING
CONSIDERATION AND AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE OF THE BRIDGEWAY LAKES CFD H. (PANOS)
Comment: The Bridgeway Lakes Community Facility District (CFD) current landscape maintenance contract will
expire December 6, 2012. Renewal of the landscape maintenance contract is necessary to maintain the
streetscape landscaping in the Bridgeway Lakes CFD. The objective of this report is to award Coast Landscape
Management a 2-year contract for maintenance of landscaping in the Bridgeway Lakes CFD.
7.
PUBLIC WORKS/ADMINISTRATION
CONSIDERATION OF APPROVAL OF PLANS, SPECIFICATIONS, AND CONTRACT AWARD FOR THE ADA PARK IMPROVEMENT
PROJECTS FOR CIRCLE AND FRED & LEILA HOLMES PARKS. (PANOS)
Comment: The objective of this report is to award a contract to F. Laduca Company for the ADA Park
Improvements at Circle - located at the intersection of Circle Street and Alabama Avenue -- and Fred & Leila
Holmes - located at the intersection of Pennsylvania Avenue and 1th Street -- Parks.
8.
PUBLIC WORKS/ADMINISTRATION
CONSIDERATION OF APPROVAL OF MASTER AGREEMENTS FOR ON-CALL FEDERAL AND STATE LABOR STANDARDS
COMPLIANCE SERVICES. (PANOS)
Comment: The previous two-year on-call list for Federal and State Labor Standards Compliance Services
expired approximately two years ago. The objective of this report is to award Metro Compliance Services and
Sylvir Consulting each a three year master contract agreement for On-call Labor Compliance Services.
9.
PUBLIC WORKS/ADMINISTRATION
CONSIDERATION OF RESOLUTION 12-48 APPROVING THE TRANSPORTATION DEVELOPMENT ACT CLAIM FOR FISCAL YEAR
2012/13. (PANOS)
Comment: Annually the State makes available certain funds for transportation in accordance with the
Transportation Development Act. Each year the City must file a claim with the Sacramento Area Council of
Governments in order to receive its share of the allotted funds. This item requests Council's approval to submit
the claim for fiscal year 2012/13.
10.
CITY MANAGER
CONSIDERATION OF AGREEMENT WITH HOLLAND & KNIGHT, LLP FOR FEDERAL LEGISLATIVE ADVOCACY SERVICES.
(RICHARDSON)
Comment: The City relies on the services of a federal lobbyist to work with the Council and staff to establish key
working relationships, navigate the federal landscape, and develop a strategic legislative strategy. It has been
five years since the last competitive evaluation for this service, so a new Request for Proposal (RFP) was issued.
The RFP included services for the Port and the City.
Recommendation: It is respectfully recommended that the City Council approve entering into an agreement with
Holland & Knight for legislative advocacy services in substantially the form presented.
11.
CITY CLERK
CONSIDERATION OF APPROVAL OF THE OCTOBER 17, 2012 REGULAR CITY COUNCIL MEETING MINUTES. (RANKIN)
12.
ADMINISTRATIVE SERVICES/FINANCE
PRESENTATION OF POTENTIAL REFINANCING OF THE 2004 LEASE REVENUE BONDS. (WRIGHT)
Comment: The current low cost of issuing municipal debt makes it possible for the City to refinance lease
obligations entered into in order to finance Fire Station #45. Refinancing at this time could realize greater than
5% Net Present Value savings to the City's General Fund between now and when the debt is retired in FY2030.
Recommendation: This item is being presented for information only. No action is being requested at this time.
13.
COMMUNITY DEVELOPMENT/PLANNING
RECEIPT OF YOLO COUNTY HABITAT JOINT POWERS AGENCY FUNDING UPDATE. (HAMILTON)
Comment: Conservation planning in Yolo County has been ongoing for approximately twenty years. The Yolo
County Habitat Joint Powers Agency (JPA) was formed in 2002 to reinforce the commitment of the local
governments to develop a regional conservation plan. This item provides a status update on the funding and
development of the plan.
Recommendation: It is respectfully recommended that the City Council receive the status update on the Yolo
County Habitat Joint Powers Agency and provide comments on the direction of the JPA.
14.
A.
B.
C.
D.
E.
F.
Council Calendar
City Manager Report
City Attorney Report
Staff Direction from City Council Members
Future Agenda Item Requests by Council
Adjourn
CITY OF WEST SACRAMENTO
REGULAR MEETING OF THE WEST SACRAMENTO CITY COUNCIL AND
WEST SACRAMENTO REDEVELOPMENT SUCCESSOR AGENCY & WEST SACRAMENTO FINANCING AUTHORITY
NOVEMBER 7, 2012 CLOSED SESSION AGENDA
Christopher L. Cabaldon, Mayor
Oscar E. Villegas, Mayor Pro Tem
Christopher T. Ledesma, Council Member
Mark F. Johannessen, Council Member
William G. Kristoff, Council Member
Martin Tuttle, City Manager
Jeffrey Mitchell, City Attorney
6:30 PM
Call to Order
Conference with Legal Counsel- Significant Exposure to Litigation - GC §54956(b): 1
Conference with Legal Counsel- Initiation of Litigation - GC§54956.9(c): 1
The meeting will be held at City Hall, 1110 West Capitol Avenue, West Sacramento, CA.
I, Kryss Rankin, City Clerk, declare under penalty of perjury that the foregoing agenda for the November
7, 2012 regular and closed session meetings of the West Sacramento City Council, Redevelopment
Successor Agency and Financing Authority was posted November 2, 2012 in the office of the City Clerk,
1110 West Capitol Avenue, West Sacramento, CA, and was available for public review.
All public materials related to an item on this agenda submitted to the City Council after distribution of
the agenda packet are available for public inspection in the City Clerk's Office at 1110 West Capitol
Avenue during normal business hours. Any document provided at the meeting by staff will also be
available to the public. Any document provided at the meeting by the public will be available the next
business day following the meeting.
City Council meetings are broadcast live on AT&T Channel 99 and Wave Cable Channel 20, and rerun
the next day at 12:00 pm and the following Saturday at 6:00 pm. The agenda and agenda reports are
also available on the City's website at www.cityofwestsacramento.org.
CITY OF WEST SACRAMENTO
I
I MEETING DATE:
AGENDA REPORT
November 7,2012
ITEM #
;Z I
r SUBJECT:
CONSIDERATION OF THE TERMS OF AGREEMENT BETWEEN THE CITY OF WEST SACRAMENTO
AND THE WEST SACRAMENTO FIREFIGHTERS' ASSOCIATION, LOCAL 522
I
I
I
I INITIATED OR REQUESTED BY:
[]
I []
Council
[X]
REPORT COORDINATED OR PREPARED BY:
Staff
Other
I
Philip A. Wright, 6frector of Administrative Services
ATTACHMENT
[] Yes
[X] No
[ ] Information
[ ] Direction
[Xl Action
OBJECTIVE
The purpose of this report is to seek City Council consideration and approval of a three-year labor agreement
with the West Sacramento Firefighters' Association, Local 522.
RECOMMENDED ACTION
It is respectfully recommended that the City Council:
1. Approve the terms of the agreement between the City of West Sacramento and the West Sacramento
Firefighters' Association, Local 522; and
2. Direct staff to incorporate these terms into a new Memorandum of Understanding.
BACKGROUND
The current Memorandum of Understanding (MOU) between the City of West Sacramento (City) and the West
Sacramento Firefighters' Association, Local 522 (Fire or Union) expired on July 1, 2012. The parties continued
to negotiate after the expiration of the MOU and reached a tentative agreement on October 16, 2012. The Fire
employees ratified the tentative agreement on October 23, 2012.
ANALYSIS
The City and Fire have agreed to a three-year contract effective July 1, 2012 through June 30, 2015.
points of the tentative agreement are as follows:
Key
1. Effective January 1, 2013, employee wage and
restructuring with all
employees paying
4.5% of their employee PERS contribution and receiving a 2% salary increase resulting in an overall
reduction in total compensation.
2. Effective January 1, 2014, further employee wage and benefit restructuring with all Fire employees
paying the entire 9% of their employee PERS contribution and receiving an additional 2% salary
increase resulting in an overall reduction in total compensation.
3.
Effective January 1, 2013, a cafeteria plan will be established for medical, dental and vision insurance
with the Fire employee's contribution set at $750 per month for employee only, $875 per month for
employee plus one, $1,025 per month for employee plus two or more.
4.
Effective as soon as the City can legally do so, a second tier retirement/pension program for new Fire
safety employees with all new Fire employees receiving the 3% at 55 benefit formula based on three
highest years. Employees receiving this second tier retirement/pension formula will pay the same
4.5% and 9% of their employee PERS contribution and will receive the same 2% and 2% raises
described in paragraphs 1 and 2 above.
5. Effective January 1, 2013 for calendar year 2013, all Fire employees will take 24 of their 144 hours of
holiday time as unpaid time off.
6. Effective January 1, 2014 for calendar year 2014, all Fire employees will continue to take 24 of their
144 hours of holiday time as unpaid time off.
I
,
Consider Local 522 and City Agreement
November 7,2012
Page 2
7.
Effective January 1,2015 for calendar year 2015, holiday time for all Fire employees will return to the
current 144 hours which can either be taken off as paid time off or cashed out.
8.
Effective January 1, 2015, all Fire employees will receive a 2% salary increase.
Strategic Plan Integration
These recommendations support the 2011 City Council Policy Agenda item of Employee Benefit Restructuring.
In addition, they support the 2017 City Council Goal of maintaining a financially sound City providing quality
services.
Alternatives
The City Council may choose to accept or reject any or all of the terms of the agreement. However, should the
terms of this agreement be rejected or modified, the City and the Union will have to reopen negotiations.
Coordination and Review
Representatives of the West Sacramento Firefighters' Association, Local 522 and the City have agreed to the
terms of this agreement and the membership of the Union has ratified the agreement.
Budget/Cost Impact
The overall MOU package achieves the economic savings contained in the two-year budget for fiscal years
2012/2013 and 2013/2014. The overall benefit costs are reduced by over 5% over a 24-month period
consistent with all other City employees' bargaining units and unrepresented groups.
CITY OF WEST SACRAMENTO
AGENDA REPORT
MEETING DATE: November 7,2012
ITEM #
SUBJECT:
CONSIDERATION OF CONTRACT RENEWAL FOR ANIMAL SERVICES WITH THE COUNTY OF YOLO
INITIATED OR REQUESTED BY:
[]
Council
[]
Other
REPORT COORDINATED OR PREPARED BY:
Dawna Rosner, Administrative Analyst
[x] Staff
ATTACHMENT [x] Yes
[] No
[ ] Information
[ ] Direction
[x] Action
OBJECTIVE
The purpose of this report is to present a proposed one-year agreement with the County of Yolo for animal
control services for fiscal year 2012-13.
RECOMMENDED ACTION
It is respectfully recommended that the City Council approve the agreement for animal control services with the
County of Yolo for fiscal year 2012-13.
BACKGROUND
West Sacramento, and all of the other cities in the county, contract with the County of Yolo for animal control
services. The County provides all of the facilities, equipment, personnel, labor and supervision related to the
performance of service. The current contract period has reached the expiration date and a new contract needs
to be approved for the County to continue providing these services for West Sacramento.
ANALYSIS
The terilis of the new agreernent with regards to services provided and hours of operation will remain the same
as the FY 2011-12 contract. However, there will be a new pricing structure which will decrease the cost of
services by $12,743.
The attached agreement is for one year with an option to extend for an additional year if parties mutually agree
to do so. The agreement may be terminated at any time provided that sixty (60) days written notice is given.
Strategic Plan Integration
Providing animal control services supports the City's missions of People Feeling Safe and Secure and Vibrant
Neighborhoods by addressing violent, stray and diseased animal issues.
Alternatives
The Council may choose to provide direction for modification of the terms of the agreement.
The Council may choose not to enter into the agreement.
Coordination and Review
Department Staff has reviewed the proposed agreement.
Budget/Cost Impact
This is a 4% increase from the prior fiscal and it has already been factored into the current year's budget.
ATTACHMENT
Animal Control Agreement
YOLO COUNTY AGREEMENT NOo_ _
AGREEMENT BETWEEN COUNTY OF YOLO
AND THE CITY OF WEST SACRAMENTO FOR
ANIMAL CONTROL SERVICES
This Agreement ("Agreement") is made and entered into this 1st day of July, 2012, by and
between the County of Yolo, a political subdivision of the State of California ("County") and the
City of West Sacramento, a municipality under the laws of the State of California ("City").
RECITALS
WHEREAS, the City has a need for animal control services within its corporate limits; and
WHEREAS, the County has been competently providing these animal control services to the
City for several years; and
WHEREAS, the City has expressed its desire to have the County continue to provide animal
control services within the City's corporate limits subject to the tenns of this Agreement;
WHEREAS, the County is willing to continue to provide animal control services within the
corporate limits of the City subject to the tenus of this Agreement;
NOW, THEREFORE, the City and the County agree as follows:
I.
SERVICES TO BE PROVIDED BY THE COUNTY
A.
Subject to the tenus of this Agreement, the County shall provide animal control
services, through the Animal Control Division of its Sheliffs Department within the
corporate limits of City. Such services shall be provided as detenuined by the Sheliff and
shall be consistent with those services provided by the County in the unincorporated area of
Yolo County. Services shall be limited to 8:00 a.m. to 5:00 p.m., six days a week; Monday
through Saturday. Services will be provided outside these hours only when authorized in
advance by a representative ofthe City, except for when required by Health and Safety Code
sections 121595 and 121600 or Penal Code section 597f.
B.
County agrees to maintain its kennels and animal shelter in a in a sanitary condition at
all times in accordance with the laws of the State of California.
C.
County shall provide all facilities, equipment, personnel, labor, supervision, supplies,
and matelials necessary to provide the animal control services required by this Agreement;
however, in all instances wherein special supplies, stationary, notices, fonus and the like
must be issued in the name of the City, the same shall be supplied by the City at its own cost
and expense.
1
II.
COMPENSATION TO BE PAID BY THE CITY
A.
City agrees to compensate the County annually, on a qUalierly basis, the following
amount. Quarterly payment is due and payable by check, within the first thiriy (30) days of
the quarter to prevent contract termination.
Contract Year
07/0112012-06/30/2013
Annual Compensation
$ 340,409.00
Quarterly Payment
$ 85,102.25
B.
Hourly Rates - The County reserves the right to bill the City in addition to the annual
agreed compensation an additional hourly fee for an extraordinary incident. Extraordinary
Incident is defined as one incident that requires more than ten (10) county staff hours. For
services provided by the County for an Extraordinary Incident 2012-13 reimbursement rate
shall be $59.00 per hour. These charges shall be billed quarterly.
Limited Term Positions and Vehicle - The City agrees to fund three (3) limited term
positions for the term ofthe contract, to include one (1) Animal Services Technician and two
(2) Animal Care Attendants while Animal Services transitions into a joint powers authority
(JPA). The cost of these positions will be split equally between the incorporated cities
contracting for services and the County and is included in the annual compensation amount
as described in Paragraph A. In addition, the annual compensation amount will include the
cost of one (1) new vehicle, the cost of which will be split equally between the incorporated
cities contracting for services and the County.
c.
D.
Savings - Any unspent pOliion of annual payment resulting from unanticipated
animal services savings will be placed in a special "Animal Services Trust" for future shelter
projects, animal services equipment and/or replacements items. Savings will be identified
within the "Animal Services Budget Forecast" due to City from County.
In fuliher consideration of the rendition of the foregoing services by County, City
agrees that County shall be entitled to any and all license and other fees provided for in the
Yolo County Code and/or the Municipal Animal Ordinance and collected pursuant hereto.
F.
County shall retain all impounding fees and revenue derived from the adoption and
redemption of animals at the County shelter as additional compensation for care and feeding
of these animals.
G.
Costs of911 Calls. The parties acknowledge that the compensation provided for in
Section II of this agreement does not include the costs charged to the County for the 911
emergency calls related to animal control services. The parties agree to continue ongoing
efforts to have the costs of 911 emergency calls charged by Yolo Emergency
Communications Agency or other emergency call center for calls originating within the City
to be charged directly to the City or, in the alternative, to negotiate in good faith concerning a
2
procedure for reimbursement to the County by the City for the costs of emergency calls.
III.
METHOD OF PAYMENT OF COMPENSATION
The City agrees to compensate the County on a quarterly basis, in the amounts described in
Paragraph II above. Payment shall be made by the City within the first thirty (30) days of the
beginning of each quarter.
IV.
REPORTS
The County shall provide the City with monthly and year-end statistical reports regarding
field hours, calls, citations, adoptions, redemptions, licenses, and such additional infOlmation, as the
County deems appropriate. In addition, the after-hours callout dispatch records will be attached with
the monthly statistics for review. No charge will be made for these materials.
V.
OWNERSHIP OF DOCUMENTS AND WORK PRODUCTS
All professional and technical documents and infonnation developed under this Agreement,
and all work products, including writings, work sheets, reports, and related data, materials,
copyrights and all other rights and interests therein, shall remain the property of the County.
RECORDS RETENTION
The County agrees to keep such books and records concerning the services it provides
pursuant to this Agreement in such fonn and manner as the County Auditor may specify. These
books and records shall be open for examination by City officials at all reasonable times.
TERM AND TERMINATION
A.
The tenn ofthis Agreement shall be from July 1, 2012 until June 30, 2013, unless
sooner tenninated as hereinafter provided.
B.
Agreement may be extended for a period of one (1) year based on mutual agTeement
of the County and City staff.
C.
Should either party fail to substantially perfonn its obligations in accordance with this
Agreement, the other party may notify the defaulting party of such default in writing and
provide not less than fifteen (15) days to cure the default. Such notice shall describe the
default, and shall not be deemed a forfeiture or tennination of this Agreement. If such
default is not cured within said fifteen day period (or such longer period as is specified in the
notice or agreed to by the parties), the party that gave notice of default may telminate this
Agreement upon not less than fifteen (15) days advance written notice. The foregoing
notwithstanding, neither party waives the right to recover damages against the other for
breach of this Agreement.
3
D.
This Agreement may be tenninated for any reason by either party at any time during
the term ofthis Agreement, provided that sixty (60) days written notice is given.
VIII. APPLICABLE LAWS
In the perfonnance of the services required by this Agreement, both patties shall comply with
all applicable Federal, State, and County statutes, ordinances, regulations, directives and laws. Any
action or proceeding arising out of this Agreement shall be filed and resolved in a California State
court located in Woodland, California.
IX.
NOTICE
A.
All notices shall be deemed to have been given when made in writing and delivered
or mailed to the respective representatives of City and County at their respective addresses as
follows:
City of VIest Sacramento:
City of\l/est Sacramento Police Departlnent
550 Jefferson Boulevard
West Sacramento, CA 95608
Attn: Dan Drummond, Deputy Chief of Police
(916) 617-4905
County:
Yolo County Sheriff s Office
140 Tony Diaz Drive
Woodland, CA 95776-9327
Attn: Rosario Ruiz-Dark, Finance
(530) 668-5264
B.
In lieu of written notice to the above addresses, any
may provide
through the use of facsimile machines provided confirmation of delivery is obtained at the
time of transmission of the notices and provided the following facsimile telephone numbers
are used:
City:
(916) 373-2377
County: (530) 668-5283
C.
Any party may change the address or facsimile number to which such
communications are to be given by providing the other parties with written notice of such
change at least fifteen (15) calendar days prior to the effective date of the change.
D.
All notices shall be effective upon receipt and shall be deemed received through
delivery if personally served or served using facsimile machines, or on the fifth (5th) day
following deposit in the mail if sent by first class mail.
X.
AMENDMENT
4
This Agreement may be amended only by written instrument signed by the County and City.
XI.
WAIVER
The waiver by either party to this Agreement or any of their respective officers, agents or
employees or the failure of the County or its officers, agents or employees to take action with respect
to any right confelTed by, or any breach of any obligation or responsibility of this Agreement shall
not be deemed to be a waiver of such obligation or responsibility, or subsequent breach of same, or
of any tenns, covenants or conditions of this Agreement.
XII. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the City and the County and
supersedes all prior negotiations, representations, or agreements, whether written or oral. In the
event of a dispute between the parties as to the language of this Agreement or the construction or
meaning of any tenn hereof, this Agreement shall be deemed to have been drafted by the parties in
equal parts so that no presumptions or inferences concerning its tenns or interpretation may be
construed against any party to this Agreement.
IN WITNESS WHEREOF, the par1ies have executed this Agreement as ofthe day and year
above set forth.
County of Yolo
City of West Sacramento
By_________________________
Supervisor Jim Provenza, Chair
Yolo County Board of Supervisors
Christopher L. Cabaldon, Mayor
City of West Sacramento
Attest:
Julie Dachtler, Deputy Clerk
Board of Supervisors
Attest:
Kryss Rankin, City Clerk
City of West Sacramento
By___________________________
Deputy (Seal)
Deputy (Seal)
Approved as to Fonn:
Robyn Truitt Drivon, County Counsel
0,
'g/J C
Approved as to Fonn:
By Ua~ ~ l ~/ ~ ~.chh~¥
Daniel C. Cederborg, Assistant
/I
f
City Attorney
5
AGENDA REPORT
CITY OF WEST SACRAMENTO
I MEETING DATE:
I
I
I
I
November 7,2012
ITEM #
4
SUBJECT:
CONSIDERATION OF APPROVAL OF PROFESSIONAL SERVICES CONTRACT WITH EMERGENCY
VEHICLE OUTFITTERS FOR EMERGENCY RESPONSE EQUIPMENT, LIGHTING INSTALLATION, AND
REPAIR
REPORT COORDINATED OR PREPARED BY:
INITIATED OR REQUESTED BY:
Dawna Rosner, Administrative Analyst
[ ] Council
[Xl Staff
[ ] Other
Dan Drummond, Chief of Police
ATTACHMENT [Xl Yes
[] No
[ ] Information
[ ] Direction
[Xl Action
OBJECTIVE
The purpose of this report is to present a proposed professional services contract with Emergency Vehicle
Outfitters for emergency response equipment, lighting instillation and repairs.
RECOMMENDED ACTION
It is respectfully recommended that the City Council approve the contract for services with Emergency Vehicle
Outfitters.
BACKGROUND
The police department requires the installation and maintenance of specialized emergency equipment such as
radios, sirens, microphones, and light bars in the police vehicles. Staff was directed to commence a
Request for Proposal (RFP) per the City's purchasing policy. Staff reviewed several RFP's from local agencies
as a resource for developing this RFP process.
Three vendors met the minimal qualifications to be accepted as bids. A local vendor in West Sacramento
indicated an interest in the process; however, no proposal was submitted by that vendor. A panel was
convened to evaluate each RFP submission and Emergency Vehicle Outfitters was selected as the vendor of
choice. A contract proposal has been submitted for approval as an attachment to this report.
ANALYSIS
The criteria considered during the RFP rating process were as follows:
III
Qualification and experience:
III
Ability to meet each specification and requirement
III
Customer references
III
Pricing:
All three bids addressed the above areas outlined in the RFP and background information was obtained from
all submissions. References were contacted regarding quality of work, pricing, customer satisfaction, and
timeliness of project completion. The panel also considered shop location (travel and/or cost for pick-up and
delivery) as well as shop accommodations (ability to house multiple vehicles, cleanliness of shop, product
inventory, etc.) so a site visit was conducted with each vendor.
After significant review it was determined that all three had substantial qualifications and experience in
equipment installation and vehicle build outs. All appeared to have the ability to meet specifications as outlined
in the RFP. Reference feedback regarding the level of customer service and satisfaction indicated that two of
the vendors significantly superseded the third vendor in this area, one of those two being the selected vendor.
The selected vendor also had the lowest pricing of the three.
EVO Contract for Cars
November 7,2012
Page 2
Strategic Plan Integration
The proposed contract will assist in the strategic plan goals of maintaining a "financially sound city
government" by providing the highest quality, most cost effective services and "people feel safe and secure" as
it will supply the necessary equipment needed for the police department to deliver police services to the
community.
Alternatives
Council can decide not to approve the proposed contract.
Council can provide direction for changes to the proposed contract.
Coordination and Review
Preparation of the proposed contract was coordinated by the Police Department staff and Finance Department.
Budget/Cost Impact
The costs of vehicle retrofits are budgeted under Police equipment replacement fund (Fund 207).
ATTACHMENT
Service Contract for Emergency Vehicle Outfitters
CONTRACT FOR SERVICES
THIS CONTRACT is made on November 7,2012, by and between the CITY OF WEST
SACRAMENTO ("City"), and Emergency Vehicle Outfitters ("Consultant"),
WITNESSETH:
WHEREAS, the City desires to retain a provider of emergency response equipment,
lighting installation and repairs for the City's police vehicles.
WHEREAS, the Consultant has presented a proposal for such services to the City, dated
July 26, 2012, and is duly licensed, qualified and experienced to perform those services;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1.
SCOPE OF SERVICES:
A
Consultant shall do all work, attend all meetings, produce all reports and carry
out all activities necessary to completion of the services described in the Scope of Work,
attached hereto and incorporated herein by this reference as "Exhibit B". This Contract and its
exhibits shall be known as the "Contract Documents," Terms set forth in any Contract
Document shall be deemed to be incorporated in all Contract Documents as if set forth in full
therein. In the event of conflict between terms contained in these Contract Documents, the
more specific term shall control. If any portion of the Contract Documents shall be in conflict
with any other portion, provisions contained in the Contract shall govern over conflicting
provisions contained in the exhibits to the Contract.
B,
Consultant enters into this Contract as an independent contractor and not as an
employee of the City. The Consultant shall have no power or authority by this Contract to bind
the City in any respect. Nothing in this Contract shall be construed to be inconsistent with this
relationship or status. All employees, agents, contractors or subcontractors hired or retained by
the Consultant are employees, agents, contractors or subcontractors of the ConSUltant and not
of the City. The City shall not be obligated in any way to pay any wage claims or other claims
made against Consultant by any such employees, agents, contractors or subcontractors, or any
other person resulting from performance of this Contract.
C.
The Consultant agrees it has satisfied itself by its own investigation and research
regarding the conditions affecting the work to be done and labor and materials needed, and that
its decision to execute this Contract is based on such independent investigation and research
2.
TERM OF CONTRACT
A
The services of Consultant are to commence upon execution of this contract by
the City, and will continue for two (2) years, and shall be undertaken and completed in
accordance with "Exhibit B".
Contract for Services
Emergency Vehicle Outfitters
November 7,2012
B.
Consultant's failure to complete work in accordance with "Exhibit B" may result in
delayed compensation as described in Section 3.
C.
The City Manager or his or her designee may, by written instrument signed by
the Parties, extend the duration of this Contract for up to two additional one (1) year periods in
the manner provided in Section 5, provided that the extension does not require the payment of
compensation in excess of the maximum compensation set forth in Section 3, Compensation.
3.
COMPENSATION:
A.
The Consultant shall be paid at the completion of services for the actual fees,
costs and expenses for all time and materials required and expended, but in no event shall
compensation under this Contract exceed the following without City's prior written approval:
1.
For each vehicle, the amount shown in Attachment A or B (as
appropriate) of the Scope of Work (Exhibit B); and
2.
Over the term of this Contract, total compensation will be two hundred
fourteen thousand five hundred and thirteen dollars ($214,513) for all work performed under
this Contract.
B.
Said amount shall be paid upon submittal of a final billing showing completion of
the tasks. Consultant shall furnish the City with invoices for all expenses as well as for all
materials authorized by this Contract. The invoices shall be submitted with the final billings. If
Consultant's performance is not in conformity with the Schedule of Performance, payments may
be delayed or denied, unless the Consultant's failure to perform in conformity with the Schedule
of Performance is a documented result of the City's failure to conform with the Schedule of
Performance, or if the Schedule of Performance is extended pursuant to Section 5.
C.
If the work is halted at the request of the City, compensation shall be based upon
the proportion that the work performed bears to the total work required by this Contract, subject
to Section 4.
4.
TERMINATION:
A.
This Contract may be terminated by either party, provided that the other party is
given not less than thirty (30) calendar days' written notice delivered by certified mail, return
receipt requested of intent to terminate.
B.
The City may temporarily suspend this Contract, at no additional cost to City,
provided that the Consultant is given written notice of temporary suspension. If City gives such
notice of temporary suspension, Consultant shall immediately suspend its activities under this
Contract.
C.
Notwithstanding any provisions of this Contract, Consultant shall not be relieved
of liability to the City for damages sustained by the City by virtue of any breach of this Contract
by Consultant, and the City may withhold any payments due to Consultant until such time as the
exact amount of damages, if any, due the City from Consultant is determined.
2
Contract for Services
Emergency Vehicle Outfitters
November 7,2012
D.
In the event of termination, the Consultant shall be compensated as provided for
in this Contract, except as provided in Section 4C. Upon termination, the City shall be entitled
to all work, including but not limited to, appraisals, inventories, studies, analyses, drawings and
data estimates performed to that date in accordance with Section 7 hereof.
5.
AMENDMENTS, CHANGES OR MODIFICATIONS:
Amendments, changes or modifications in the terms of this Contract may be made at
any time by mutual written agreement between the parties hereto and shall be signed by the
persons authorized to bind the parties hereto.
6.
EXTENSIONS OF TIME:
Consultant may, for good cause, request extensions of time to perform the services
required hereunder. Such extensions shall be authorized in advance by the City in writing and
shall be incorporated in written amendments to this Contract or the attached Work Program in
the manner provided in Section 5.
7.
PROPERTY OF CITY:
A.
It is mutually agreed that all materials prepared by the Consultant under this
Contract shall become the property of the City, and the Consultant shall have no property right
therein Whatsoever. Immediately upon termination, the City shall be entitled to, and the
Consultant shall deliver to the City, all data, drawings, specifications, reports, estimates,
summaries and other such materials as may have been prepared or accumulated to date by the
Consultant in performing this Contract which is not Consultant's privileged information, as
defined by law, or Consultant's personnel information, along with all other property belonging
exclusively to the City which is in the Consultant's possession.
B.
Additionally, it is agreed that the parties intend this to be a contract for services
and each considers the products and results of the services to be rendered by Consultant
hereunder (the "Work") to be a work made for hire. Consultant acknowledges and agrees that
the Work (and all rights therein, including, without limitation, copyright) belongs to and shall be
the sole and exclusive property of the City.
8.
COMPLIANCE WITH LOCAL LAW:
Consultant shall comply with all applicable laws, ordinances, and codes of federal, State
and local governments, and shall commit no trespass on any public or private property in
performing any of the work authorized by this Contract.
9.
WARRANTIES AND RESPONSIBILITIES - CONSULTANT:
A.
Consultant agrees and represents that it is qualified to properly provide the
services set forth in Exhibit "B" in a manner which is consistent with the generally accepted
standards of Consultant's profession.
B.
Consultant agrees and represents that the work performed under this Contract
shall be in accordance with applicable federal, State and local law in accordance with Section
17A hereof.
3
Contract for Services
Emergency Vehicle Outfitters
November 7, 2012
C.
Consultant shall designate a project manager who at all times shall represent the
Consultant before the City on all matters relating to this Contract. The project manager shall
continue in such capacity unless and until he or she is removed at the request of the City, is no
longer employed by Consultant, or is replaced with the written approval of the City, which
approval shall not be unreasonably withheld.
D.
Consultant shall provide corrective services without charge to the City for
services which fail to meet the above professional and legal standards and which are reported
to Consultant in writing within sixty (60) days of discovery. Should Consultant fail or refuse to
perform promptly its obligations, the City may render or undertake performance thereof and the
Consultant shall be liable for any expenses thereby incurred.
10.
SUBCONTRACTING:
None of the services covered by this Contract shall be subcontracted without the prior
written consent of the City, which will not be unreasonably withheld. Consultant shall be as fully
responsible to the City for the negligent acts and omissions of its contractors and
subcontractors, and of persons either directly or indirectly employed by them, as it is for the
negligent acts and omissions of persons directly employed by Consultant.
11.
ASSIGNABILITY:
Consultant shall not assign or transfer any interest in this Contract whether by
assignment or novation, without the prior written consent of the City which will not be
unreasonably withheld. However, claims for money due or to become due Consultant from the
City under this Contract may be assigned to a financial institution, or to a trustee in bankruptcy,
without such approval. Notice of any assignment or transfer whether voluntary or involuntary
shall be furnished promptly to the City.
12.
INTEREST IN CONTRACT:
Consultant covenants that neither it, nor any of its employees, agents, contractors,
subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the
subject of the Contract, nor any other interest which would conflict in any manner or degree with
the performance of its services hereunder. Consultant shall make all disclosures required by
the City's conflict of interest code in accordance with the category designated by the City,
unless the City Manager determines in writing that Consultant's duties are more limited in scope
than is warranted by the category designated by the City code and that a narrower disclosure
category should apply. Consultant also agrees to make disclosure in compliance with the City
conflict of interest code if, at any time after the execution of this Contract, City determines and
notifies Consultant in writing that Consultant's duties under this Contract warrant greater
disclosure by Consultant than was originally contemplated. Consultant shall make disclosures
in the time, place and manner set forth in the conflict of interest code and as directed by the
City.
4
Contract for Services
Emergency Vehicle Outfitters
November 7,2012
13.
MATERIALS CONFIDENTIAL:
All of the materials prepared or assembled by Consultant pursuant to performance of
this Contract are confidential and Consultant agrees that they shall not be made available to any
individual or organization without the prior written approval of the City, except by court order.
14.
LIABILITY OF CONSULTANT-NEGLIGENCE:
Consultant shall be responsible for performing the work under this Contract in a manner
which is consistent with the generally-accepted standards of the Consultant's profession and
shall be liable for its own negligence and the negligent acts of its employees, agents,
contractors and subcontractors. The City shall have no right of control over the manner in which
the work is to be done but only as to its outcome, and shall not be charged with the
responsibility of preventing risk to Consultant or its employees, agents, contractors or
subcontractors.
15.
INDEMNITY AND LITIGATION COSTS:
Consultant shall indemnify, defend, and hold harmless the City, its oTTIcers, OTTIClaIS,
agents, and employees and volunteers from and against any and all claims, damages,
demands, liability, costs, losses and expenses, including without limitation court costs and
reasonable attorneys' fees, arising in any manner by reason of negligent acts or negligent
failure to act, errors, omissions or willful misconduct incident to the performance of this Contract
on the part of Consultant except such loss or damage which was caused by the sole
negligence, or willful misconduct of the City. The provisions of this paragraph shall survive
termination or suspension of this Contract.
16.
CONSULTANT TO PROViDE iNSURANCE:
A.
Consultant shall not commence any work before obtaining, and shall maintain in
force at all times during the duration and performance of this Contract the policies of insurance
specified in this Section. Such insurance must have the approval of the City as to limit, form,
and amount, and shall be placed with insurers with a current A.M. Best's rating of no less than
AVII (or, in the case of Worker's Compensation insurance, with the State Compensation
Insurance Fund of California).
B.
Prior to execution of this Contract and prior to commencement of any work, the
ConSUltant shall furnish the City with original endorsements effecting coverage for all policies
required by the Contract. The endorsements shall be signed by a person authorized by the
insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the
City. As an alternative to the City's forms, the Consultant's insurer may, subject to the approval
of the City, provide complete, certified copies of all required insurance policies, including
endorsements effecting the coverage required by this Section. The Consultant agrees to furnish
one copy of each required policy to the City, and additional copies as requested in writing,
certified by an authorized representative of the insurer. Approval of the insurance by the City
shall not relieve or decrease any liability of ConSUltant.
C.
In the case of the professional liability insurance required by this Section, the
Consultant's insurer must provide a complete, certified copy of the policy.
5
Contract for Services
Emergency Vehicle Outfitters
November 7, 2012
D.
In addition to any other remedy the City may have, if Consultant fails to maintain
the insurance coverage as required in this Section, the City may obtain such insurance
coverage as is not being maintained, in form and amount substantially the same as is required
herein, and the City may deduct the cost of such insurance from any amounts due or which may
become due Consultant under this Contract.
E.
Each insurance policy required by this Contract shall be endorsed to state that
coverage shall not be suspended, voided, canceled, terminated by either party, or reduced in
coverage or in limits except after thirty (30) days' prior written notice by certified mail, return
receipt requested, has been given to the City.
F.
Any deductibles, aggregate limits, pending claims or lawsuits which may diminish
the aggregate limits, or self-insured retentions, must be declared to, and approved by, the City.
G.
Aggregate Limits/lmpairment
If any of the above-required insurance coverages contain annual aggregate
limits, you must give the City notice of any pending claim or lawsuit which may diminish the
aggregate. You must take steps to restore the impaired aggregates or provide replacement
insurance protection. The City has the option to specify the minimum acceptable aggregate
limit for each line of coverage required. No substantial reductions in scope of coverage which
may affect City's protection are allowed without City's prior written consent.
H.
The requirement as to types, limits, and the City's approval of insurance
coverage to be maintained by Consultant are not intended to, and shall not in any manner, limit
or qualify the liabilities and obligations assumed by Consultant under the Contract.
I.
The Consultant and its contractors and subcontractors shall, at their expense,
maintain in effect at all times during the performance of work under the Contract not less than
the following coverage and limits of insurance, which shall be maintained with insurers and
under forms of policy satisfactory to the City. The maintenance by Consultant and its
contractors and subcontractors of the following coverage and limits of insurance is a material
element of this Contract. The failure of Consultant or of any of its contractors or subcontractors
to maintain or renew coverage or to provide evidence of renewal may be treated by the City as
a material breach of this Contract.
J.
Worker's Compensation and Employer's Liability Insurance.
1.
Worker's Compensation - Insurance to protect the Consultant, its
contractors and subcontractors from all claims under Worker's Compensation and Employer's
Liability Acts. Such coverage shall be maintained, in type and amount, in strict compliance with
all applicable state and Federal statutes and regulations. The Consultant shall execute a
certificate in compliance with Labor Code Section 1861, on the form provided in the Contract
Documents.
2.
The insurer shall agree to waive all rights of subrogation against the City
for losses arising from work performed by the Consultant.
6
Contract for Services
Emergency Vehicle Outfitters
November 7, 2012
K.
Comprehensive General and Automobile Liability Insurance.
The insurance shall include, but shall not be limited to, protection against claims
arising from death, bodily or personal injury, or damage to property resulting from actions,
failures to act, or operations of the insured, or by its employees or agents, or by anyone directly
or indirectly employed by the insured. The amount of insurance coverage shall not be less than
$1,000,000.00 per occurrence.
The comprehensive general liability insurance and the automobile liability
insurance coverages shall also include, or be endorsed to include, the following:
1.
Provision or endorsement naming the City and each of its officers,
employees, and agents, as additional insureds in regards to: liability arising out of the
performance of any work under the Contract; liability arising out of activities performed
by or on behalf of the Consultant; premises owned, occupied or used by the Consultant;
or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall
contain no special limitations on the scope of protection afforded to the City, its officers,
officials, employees or volunteers.
2.
Provision or endorsement stating that for any claims related to this
project, the Consultant's insurance coverage shall be primary insurance as respects the
City, its officers, officials, employees and volunteers to the extent the City is an
additional insured. Any insurance or self insurance maintained by the City, its officers,
officials, employees or volunteers shall be in excess of the Consultant's insurance and
shall not contribute with it, to the payment or satisfaction of any defense expenses, loss,
or judgements.
3.
Provision or endorsement stating that any failure to comply with reporting
or other provisions of the policies including breaches of representations shall not affect
coverage provided to the City, its officers, officials, employees, or volunteers.
4.
Provision or endorsement stating that the Consultant's insurance shall
apply separately to each insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
5.
Provision or endorsement stating that such insurance, subject to all of its
other terms and conditions, applies to the liability assumed by the Consultant under the
Contract, including, without limitation, that set forth in Section 15, Indemnity and
Litigation Costs.
L.
Professional Liability.
The Consultant and its contractors and subcontractors shall secure and maintain
in full force, during the term of this Contract, professional liability insurance policies appropriate
to the respective professions and the work to be performed as specified in this Contract. The
limits of such professional liability insurance coverage shall not be less than $1,000,000 per
claim.
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Contract for Services
Emergency Vehicle Outfitters
November 7,2012
17.
MISCELLANEOUS PROVISIONS:
A.
Consultant shall keep itself fully informed of, shall observe and comply with, and
shall cause any and all persons, firms or corporations employed by it or under its control to
observe and comply with, applicable federal, state, county and municipal laws, ordinances,
regulations, orders and decrees which in any manner affect those engaged or employed on the
work described by this Contract or the materials used or which in any way affect the conduct of
the work.
B.
Consultant shall not engage in unlawful employment discrimination. Such
unlawful employment discrimination includes, but is not limited to, employment discrimination
based upon a person's race, religious creed, color, national origin, ancestry, physical handicap,
medical condition, marital status, gender, citizenship, or sexual orientation.
C.
Consultant shall maintain and make available for inspection by the City and its
auditors accurate records of all of its costs, disbursements and receipts with respect to any work
under this Contract. Such inspections may be made during regular office hours at any time until
six (6) months after the final payments under this Contract are made to the Consultant.
D.
This Contract constitutes the entire agreement between the parties relative to the
services specified herein and no modification hereof shall be effective unless and until such
modification is evidenced by a writing signed by both parties to this Contract. There are no
understandings, agreements, conditions, representations, warranties or promises, with respect
to this Contract, except those contained in or referred to in the writing.
E.
All notices that are required to be given by one party to the other under this
Contract shall be in writing and shall be deemed to have been given if delivered personally or
enclosed in a properly addressed envelope and deposited in a United States Post Office for
delivery by registered or certified mail addressed to the parties at the following addresses:
City: City of West Sacramento
110 West Capitol Avenue
West Sacramento, California, 95691
Consultant: Emergency Vehicle Outfitters
9862 Kent Street
Elk Grove, California, 95624
Attn: Shafeel Hussein
F.
California.
This Contract shall be interpreted and governed by the laws of the State of
G.
Any action arising out of this Contract
County, California, regardless of where else venue may lie.
shall
be
brought
in
Yolo
H.
In any action brought by either party to enforce the terms of this Contract, each
party shall be bear responsibility for its attorney's fees and all costs regardless of whether one
party is determined to be the prevailing party.
8
Contract for Services
Emergency Vehicle Outfitters
November 7,2012
CITY OF WEST SACRAMENTO
By: ______________________
Martin Tuttle, City Manager
ATTEST:
By: ___________________
Kryss Rankin, City Clerk
APPROVED AS TO FORM:
By: ____________________
Jeffrey Mitchell, City Attorney
CONSULTANT
By: _____________
Shafeel Hussein, President
9
EXHIBIT A
CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
[Labor Code § 1861]
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be
insured against liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before commencing the performance of the work
of this contract.
CONSULTANTS
By: ___________________________
Shafeel Hussein, President
Qualifications and Experience .
Emergency Vehicle Outfitters is locally owned and operated and is an equal opportunity employer.
California State certified small business number 59386 is dOing business in the city of Elk Grove under
license number 09-00006899. EVO is a authorfzed Federal Signal Corporation factory authorized
repair facility.
EVO has a eight thousand square foot shop fully secured with external secure parking. The shop has
space for up to fifteen vehicles to be worked on at a time and is fully equipped with all tools and supplies
necessary for strip outs and installation of emergency vehicle equipment. EVO operates five mobile techs
fully equipped with mobile shops to provide on-site repairs, while five in-shop technicians are available
from the hours of 8am to 5pm Monday through Friday and 2 in-shop techs available from 8am to 12pm
Saturdays. There is two on-call technician available from 5pm to 8am every day including weekends.
Examples of recent work performed by EVO include:
Patrol Vehicles: City of South Lake Tahoe PD
Undercover Vehicles: US Department of Homeland Security
Bait Cars: Sacramento County Sheriffs
Surveillance Vehicles: US Department of Homeland Security
Fire Command Vehicles: Montezuma Fire District, Escalon Fire Dept., Rio Vista Fire Dept.
Fire Apparatus: Liberty Fire District, Clements Fire District
References:
1) Name: Scott Tavares
Director of Fleet Services
SMUD
Phone: (916) 825-7750
2) Name: Lieutenant Jim Uptegrove
Galt Police Department
Phone: (209) 993-9355
3) Name: Chief Rick Mello
Escalon Fire Department
Phone: (209) 838-7500
4) Name: Lieutenant Roger Mcintyre
Merced Police Department
Phone: (209) 564-0306
2
Work Plan
EVO has setup a plan to carry out the scope of work outlined in the request for proposal.
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There would be a dedicated account manager assigned to the account. The account manager
would deal directly with the city officials and make sure all the steps are carried out in a way most
beneficial to the City.
There would be an experienced and qualified technician assigned to the account to carry out all
service and repairs. The technician will report directly to the account manager. All other
technicians will be cross-trained to handle the build of West Sacramento's vehicles if a high
demand of vehicles arise. Should the need arise for extra technicians. EVO will cater to the work
load in the most efficient manner so that downtime on any vehicle would be minimized and full
buildups are completed in a reasonable amount of time.
All priority will be given to City vehicles in times of high demand of turnover of vehicles.
A meeting with the City's Fleet Manager would be arranged to discuss the layout and design of
the current vehicles and any changes and improvement to the current design would be adopted
by EVO.
EVO would document all repairs and a service folder would be created for all the vehicles in the
fleet (organized by fleet number).
Regular inspections would be scheduled and carried out by EVO to ensure all vehicles are safe to
operate and major costly repairs can be avoided.
An instaiiation manual containing a full detail of the buildup would be prepared containing wire
colors. component locations. wire routing methods and locations. grounding location. fastening
methods, antenna locations with spacing and layout. and light bar spacing. All manuals would
also contain reference pictures and manufacturer's instructions manuals and service manuals. A
sample of a manual is available upon request.
All installation will be standardized in each category of vehicles
Example:
ManuaI1--Patrol Vehicles
Manual 2--K-9 Vehicles
Manual 3--lncident Response Vehicles
ManuaI4--Animal Control Vehicles
Manual 5--Public Safety Vehicles
Manual 6--0fficial Vehicles
EVO will at all times have in stock three (3) sets of all parts listed in the RFP to ensure that any
warranty claims and repairs that need to be sent out to the factory have replacement loaners to
cover the faulty parts while out to service. All warranty items would be shipped out to the factory
for service.
ATTACHMENTS
ATTACHMENT A: UNMARKED OR UNDERCOVER VEHICLE UP-FITTING PRICING SCHEDULE
CATEGORY "A"
The following items are Federal Signal Corporation Products unless noted:
Item No.
Quant.
180k Kit
ES100
Total Ext.
Price
Description
Install Location
1
Fed Signal 180k Siren,
PA & Light Controller
Vehicle
Compartment
Is:(
1
Dyna Max Siren
Speaker
Vehicle Grill
J~f
Universal Speaker
Bracket
Vehicle Grill
/9
Viper S2 Mirror Light
Vehicle Dash
I'!JS dD
Window Tinting
Vehicle Glass
ISO-
1
Glass Mounted 800
MHZ Antenna
Vehicle Glass
1
Motorola Momentary
Push Button I Activate
Visor Microphone
Vehicle Dash
HMN1073A
Motorola Visor
Microphone & Cable
Kit
Driver's Visor
GLN7278B
1
Motorola Push to Talk.
Cable
Vehicle Interior
:Zi
HKN6128A
1
Motorola Ignition
Switch Cable
Vehicle Interior
It;
HLN6412A
1
Motorola Accessory
Plug
Vehicle Interior
Install City Supplied
Two-Way Radio
1
City Supplied Motoroia
XTL2500
Vehicle Interior
;>3IJ vo
1
Misc. Cabling, terminal
ends, fuse holders and
wire ties
As Needed
1C>l::>-
8567079-01
329001-43
1
Window Tinting
KG1825
Push Button
Install Kit
(po
I~
~
S8
'"
10-
~3
,
,..-
;'"
-
Subtotal
7.75% Sales
Tax
Install Labor
Strip Out Labor
1
Labor
Labor
Labor
Labor
Total Bid Price
Category A
/,i' L50, d d.
YI. f.t, I
lOSt) 1,57) r-
2-44S~[33
NOTES:
Install Labor:
All Labor associated with the installation of items in Category "A". For evaluation purposes, installation is
for equipment on a 2010 Toyota Camry Hybrid.
Strip Out Labor:
Removal of all City installed emergency response equipment, mounting hardware, two-way radio
equipment in Category "A". For evaluation purposes, removal of equipment is on a 2008 Chevy Impala.
Window Tinting:
"Limo" or five percent (5%) tint shade shall be installed on all rear door and rear deck windows; seventy
percent (70%) tint shall be installed on driver's and passenger's front door windows.
Vehicle Anti Theft and Alarm System:
Vehicles shall have vehicle alarm systems with anti-theft devices installed. The alarm shall incorporate
the vehicle's power door locking system, pre-warning shock prevention, trunk and hatch pop and silent
arm/disarm. Each vehicle shall be supplied with three (3) remote transmitters. City representatives shall
approve final anti-theft and alarm system.
List: Manufacturer_ _ _ _ _ _ _ __
Model _____________________
Attachment A (Cont'd): MARKED FORD CROWN VICTORIA PATROL VEHICLE UP-FITTING
PRICING SCHEDULE CATEGORY "8"
The following items are Federal Signal Corporation Products unless noted:
Item No.
Quant.
Description
Install Location
Total Ext.
Price
/J~r~
·
S2583004-00013
1
FEDSIG S2 Argent Light Bar
Vehicle Roof
CLED6D-WWBBRR
1
Fed Signal 6-Head LED
Corner System
Vehicle Trunk
ROADRUNNER
1
Sound off
Vehicle Trunk
S~·~2'
LIND PA 1540-795
1
LIND 12Nolt Adapter for Lap
Top
Vehicle Console
tt;.
10
1
Vehicle Interior
3/
tic '
ECVDMTLCV
Sound Off Signal Interior
RedNVhite Light for Crown
Vic
413216
3
16' Opticom Strobe Cable
Vehicle Interior
3·';)D
SL20X
1
12 volt DC Flash Light
Charger with cable
Vehicle Interior
SSP3000
1
FEDSIG Smart Siren
Platinum
Vehicle Console
LF18TSLED
1
FEDSIG 18" on/off Goose
Neck Light
Vehicle Interior
792H
1
3M Opticom Light Emitter
Vehicle Trunk
UMNCT-SB
FEDSIG Noise Canceling
Microphone
Vehicle Console
ES100
Dyna Max Speaker with
universal mounts
Vehicle Grill
ESB-V08
1
Siren Mounting Bracket for
Dyna Max
Vehicle Grill
UPKM-3
1
Unitrol Park Kill Module
Vehicle Dash
Jf1() ~ ..
7· - .
5;)..s"'~
.
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9tJS~
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It.
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a3 :;1:)
CS2191
1
Pro Straint Prisoner Seat
W/Restraints
(/f)
Vehicle Interior
•
3~t"
.....
<136
TB-2US-SS
1
Troy Partition for Crown Vic
Vehicle Interior
2-PAR-28-CV-06
1
Troy Big Boy Kit
Vehicle Interior
2-PAR-25-CV06
1
Troy Lower Kick Panels
Vehicle Interior
513DP
1
Sentina Left and Right Crown
Vic Door Panels
Vehicle Interior
SC-5
2
Santa Cruz Universal Gun
Lock w/key
Vehicle Interior
SC-9302
2
Square Gun Bracket
Vehicle Interior
SC-1900
2
Santa Cruz Butt Plate & L
Bracket
Vehicle Interior
5038
1
Go Rhino Crown Vic Push
Bumper
Vehicle Front End
5200
1
Go Rhino Crown Vic Skid
Plate
Vehicle Underside
HPC-150
1
150 Amp Circuit Breaker
Vehicle Engine
14.0553
1
ABLE2 3 Outlet 12VDC
Power Port Unit
Vehicle Console
ANT DISC806M
1
806-866MHz Low Profile
Antenna
Vehicle Roof
6~
SI440CTH05
1
Secure idle system
Vebicle Dash
J'Il)
MBPC98RB
1
Whelen Side Mirror TIR 6
Lighting Kit
Vehicle Exterior
Copeland Dock
Master
1
Timer for Computer
Shutdown
Vehicle Console
C-SM-830
1
Havis Shield 8" Stout Mount
Console
Vehicle Console
IrJ ~(.,
.
~~
if>
Bt:J
10
63
9b
: ; / :J..."
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C-TM-CV
1
Havis Shield 28" Track Mount
Base for Crown Vic
Vehicle Console
C-SM-1200
Havis Shield 12" Enclosed
Low Profile Console
Vehicle Console
C-CUP2-E-C
Havis Shield Dual Beverage
Holder
Vehicle Console
1
Molded Arm Rest that Mounts
to Track Base
Vehicle Console
7160-0119-02
1
Panasonic CF-30 Docking
Tray
Vehicle Console
C-MD-203
1
Tilt Swivel for Docking Station
for CF-30 docking tray
Vehicle Console
Push Button
1
Motorola Momentary Push
Button I Activate Visor
Microphone
Vehicle Dash
HMN1073A
1
Motorola Visor Microphone &
Cable Kit
Vehicle Visor
GLN7278B
1
Motorola Push to Talk Cable
Vehicle Dash
HKN6128A
1
Motorola Ignition Switch
Cable
Vehicle Dash
HLN6412A
1
Motorola Accessory Plug
Vehicle Console
540625
1
Westmar 7" Stainless Steel
Clear/Red Trunk Light
Vehicle Trunk
Fabricate
1
Trunk Light Dual Switch Pack
Vehicle Trunk
DNR Electronics Trunk Tray
Vehicle Trunk
C-ARM-3-T
~~
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•
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,3;) 0
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Fabricate
1
Rear door window safety bars
Vehicle Doors
Fabricate
1
Fuse Block Install Kit
Vehicle Trunk
11\Ju"v&1GD
Fabricate
1
Rear Door Lock Rods
Vehicle Doors
6:'1 .:;?
Install Kit
1
Misc. Cabling, terminal ends,
fuse holders and wire ties
'):,,7; -
As Needed
Subtotal
71
"7
"., P
.~)J. L/
7.75% Sales Tax
I nstall Labor
Strip Out Labor
1
Labor
Labor
Labor
Labor
e?7roa~od)
Total Bid Price
Category B
Total Bid Price
Category A --"'~'-'-=-.:.-=-=-
Total Bid
...,..,;~~=~=-
IfJIIlI>
•
5"0
____
Repair, Fabrication and Installation Hourly Labor Rate _ _
Install Labor:
All labor to install listed components in Category "B"
Strip Out Labor:
Removal of all City installed emergency response equipment, prisoner partitions, skidpans, mounting
hardware, two-way radio equipment, and decals in Category "B".
Tail Light Black-Out System:
The siren control system shall have an integrated momentary switch installed on the dash to disable the
brake lights and reverse lights. Final mounting location shall be determined by City representatives.
Hands Free Two-Way Radio:
The City shall supply the awarded Supplier Motorola Radio components and cabling. The awarded
Supplier shall supply all necessary wiring to make the radio system functional, and purchase and install
the listed hands-free microphone components. Installation of the Motorola parts will allow City employees
to transmit on two-way radio without using a handheld microphone. Indicate costs of hands-free
microphone components in Attachment "A".
Overhead Video Camera System Installation
The City shall supply the awarded Supplier Panasonic Arbitrator components and cabling. The awarded
Supplier shall supply all necessary wiring to make the camera system functional.
[]\!A 0 J
EMERGENCY VEHICLE OUTFI1lERS
9862 Kent Street
Elk Grove, CA 95624
(916) 685-0800
DeAnna Stevens, Police Lieutenant
City of West Sacramento
550 Jefferson Blvd.
West Sacramento, CA 95605
July 26, 2012
To Whom it may concern,
The supplier for the request for proposal is Emergency Vehicle Outfitters and the proposal is being
submitted by said supplier located at 9862 Kent St., Elk Grove, CA 95624. The contact is Shafeel Hussein
phone number (916) 685-0800.
The undersigned shall serve as the proposal contact and is authorized to legally bind the supplier.
This letter describes the City of West Sacramento's project and discusses the supplier's interest and
qualifications for the described work.
Project Description:
The City of West Sacramento is
an emergency vehicle response installer to provide emergency
lighting, response equipment, and radio installations and repair of said equipment in City vehicles. The
work is to be performed within the specification, terms and conditions as specified by the City in its
request for proposal.
Supplier's Interest:
Emergency Vehicle Outfitters has demonstrated a desire to provide users of emergency vehicles with
the best technologies in emergency vehicle equipment.
Qualifications:
Emergency Vehicle Outfitters has provided emergency vehicle equipment to local, city, state and federal
agencies and has an employee combined experience in this endeavor exceeding 35 years. Emergency
Vehicle Outfitters is an authorized dealer for Federal Signal Products, as well as Havis Shields, Setina
Mfg., Whelen Engineering, Code 3 PSE, Jotto Desk, Gamber Johnson, Troy, DNR products, Go Rhino
products, SHO-ME, NOVA, Patriot, Laguna, Aedec, Xantrex, Helia, Truck Vault, Odyssey, Alerte Systems,
Santa Cruz Gunlocks, West Marine, Go Light, Secure Idle, Ecco, Truck Lite, Stream Lights, Unity and many
other products which are available upon request or on our website at
www.emergencyvehicieoutfitters.net. EVO has 6 mobile technicians and 5 in shop technicians available
with 2 assigned to the bay area and 3 assigned for Redding to Bakersfield. EVO stocks a majority of
components currently used by the City of West Sacramento's fleet.
In addition, EVO designs and manufactures its own line of command cabinets under the EVO brand.
~o)
EMERGENCY VEHICLE OUTFllTERS
9862 Kent Street
Elk Grove, CA 95624
(916) 685-0800
Emergency Vehicle Outfitters would be happy to provide you with any equipment demonstrations or
sample that the City would desire. Emergency Vehicle Outfitters understands and agrees to all terms
and conditions specified in your request for proposal including the scope of services, minimum
requirement for equipment and wiring harness specifications. Also, Emergency Vehicle Outfitters
understands and complies with all general business requirement's specified in the request
Shafeel Hussein, President
Emergency Vehicle Outfitters
CITY OF WEST SACRAMENTO
AGENDA REPORT
MEETING DATE: November 7,2012
ITEM # 5
SUBJECT:
CONSIDERATION OF APPROPRIATIONS TRANSFER FOR
FIRE TRAINING TOWER AT THE PORT OF WEST SACRAMENTO
INITIATED OR REQUESTED BY:
[]
[]
Commission
Other
[Xl
Staff
REPORT COORDINATED OR PREPARED BY:
John Sneed, Project Manager
Mike Luken, Port & Transportation
William T. Panos, Director of Public Works
ATTACHMENT [X] Yes
[] No
[ 1 Information
[ ] Direction
[X] Action
OBJECTIVE
The purpose of this report is to present information to the City Council for their consideration of a funding
request for a fire training tower at the Port of West Sacramento.
RECOMMENDED ACTION
It is respectfully recommended that the City Council authorize an additional appropriation of $167,800 for the
Port Fire Training Tower Project including a transfer of funds from CIP Work Orders 51010 (Station 44
Plumbing and Rehab) and 51012 (Station 41 Reroof); and allocation of $59,800 from Measure K Funds to Port
CIP Number 208-70053.
BACKGROUND
The City of West Sacramento Fire Department currently has no location to train and prepare for incidents that
may occur either on a ship or within a confined space in the Port (e.g., underground conveyors or silos). The
Fire Department, in cooperation with the Port of West Sacramento, received a FEMA Port Security Grant
Fiscal Year 2009 Grant to fund a training tower that would serve as an all-risk public safety training facility. The
Fire Department and the Port have worked cooperatively to designate an appropriate plot of land on Port
property for this training tower.
This facility will be a multi-story Marine Vessel Training & Exercise Tower (See Attached) that boasts a
comprehensive design to replicate a wide array of training exercises incorporated into the programmed plan,
ranging from:
&
Simulated marine vessel environment suitable for shipboard firefighting capabilities (with ship-to-shore
water supply connection simulation);
.. Shipboard bulkhead simulation props, and fixed structure wall-breaching capabilities;
.. Shipboard, commercial and residential structure firefighting for application of standard hose operations
and firefighting techniques in a live fire training "burn room;"
.. Confined space search and rescue in "lights out" training;
.. Rescue Systems tactical rappelling and rope rescue capabilities; and
.. High rise and tactical law enforcement elements for SWAT deployment, rappelling, Bomb Squad
training and K-9 searches.
.. There is also a residential neighborhood less than .3 miles from Port property and this training facility
affords first-responders a practical training environment for containment procedures, alert notifications
and evacuation considerations.
The City of West Sacramento Fire Department works cooperatively with the Police Department, Port Security,
regional SWAT and Regional Bomb Squad Unit in an all-risk, first-responder capacity. This cutting edge
training facility will provide firefighting and law enforcement tactical training capabilities for the City and Port of
West Sacramento, as well as being available for regional training and exercise use by mutual-aid and auto-aid
public safety partners throughout Yolo and Sacramento Counties.
Port of West Sacramento Fire Training Tower
November 7,2012
Page 2
ANALYSIS
This facility is specifically designed to address marine related fire training needs. However, this project also
provides the Fire Department with a training facility within the city for all fire related training. The Fire
Department currently relies on facilities in other cities and counties for training facilities which requires
additional funding and resources which this facility can provide.
The Port received a bid from American River Construction, Inc. that it will consider on November 14, 2012. A
summary of the bid is as follows:
Fire Training Tower cost ............................................................ $ 276,000
Contingency at 5% .......................................................................... 13,800
Staff Costs ...................................................................................... 15,672
Totals ......................................................................................... $305,472
The proposed facility would be owned by the Sacramento-Yolo Port District in accordance with the grant
agreement with the San Francisco Marine Exchange, the fiduciary agent with the FEMA Port Security Grant
Fiscal year 2009 Program. This project maximizes the training capability of the Fire Department by providing a
local training facility. Staff recommends that additional funding be allocated towards this project.
Alternatives
The City Council has the following options regarding this project:
1. Approve the recommended appropriations transfer.
2. Approve the recommended action with revisions as directed by the Council
3. Reject the funding request and request that the Port Commission rebid the project.
4. Reject the request and cancel the proposed project.
Staff recommends the Council approve the recommended action as presented in this report at this time to
allow the Port to meet the timelines from the FEMA Port Security Grant Fiscal Year 2009 Program.
Coordination and Review:
This report has been prepared in coordination with the Construction Management Department, Fire
Department, Port of West Sacramento, Finance Department and the Public Works Department.
Budget/Cost Impact
The proposed project is contained within the Port Capital Improvement program. The Port secured a Federal
Grant from the Marine Exchange of San Francisco Bay Grant Program in the amount of $103,172 and will be
used to pay the vendor. The funding balance of the project is from the California Firefighters (CPF) Joint
Apprentice Committee (87,500), Measure K Base (9,000) and Measure K Capital Fund ($50,800) and a
transfer of $55,000 from project 51010 and 51012. Operation and maintenance expenses from the project will
be the responsibility of the Fire Departments budget.
Federal Grant
208-70053 task 4640
CPFJoint Apprentice Committee
208-70053 task 4825
Re-allocation to 208-70053
CIP 51010
CIP 51012
Measure K Funds
108-9151-5258
109-9999-5950
ATTACHMENT
Proposed Facility
$103,172
$87,500
$30,000
$25,000
$9,000
$ 50,800
ATTACHMENT 1
8/29/2012
WEST SACRAMENTO.. CA
ISOMETRIC View
1
CITY OF WEST SACRAMENTO
MEETING DATE:
AGENDA REPORT
November 7, 2012
Item # 6
SUBJECT:
CONSIDERATION AND AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE OF THE
BRIDGEWAY LAKES CFD H
INITIATED OR REQUESTED BY:
[ ] Council
REPORT COORDINATED OR PREPARED BY:
Chris Surawski, Landscape Construction Inspector
[Xl Staff
/~~L---'-/-O~2 -
.. I ..•;/
.~
[ ] Other
/'
/
William T. Panos, Director of Public Works
ATTACHMENT [X] Yes [ ] No
[ ] INFORMATION
[ ] DIRECTION
[X] ACTION
OBJECTIVE
The objective of this report is to award a contract for landscape maintenance of the Community Facility District
CFD H.
RECOMMENDED ACTION
It is respectfully recommended that City Council:
1) Award a landscape maintenance contract to maintain such landscaping through the existing
Community Facility District (CFD) for services and authorize the Mayor to execute such contract to
Coast Landscape Management for a two year term.
2) Grant the City Manager or his designee the authority to issue Contract Change Orders up to 15
percent of the contract ($21,564.00).
BACKGROUND
Landscape maintenance of the Community Facilities Districts is performed by landscape maintenance
contractors and City Park staff. Typically, staff maintains the irrigation systems while the landscape
maintenance contractor's maintain walkways, shrubs, groundcovers, and turf. Currently there are five
landscape maintenance firms that have been prequalified to bid on landscape maintenance contracts for the
City of West Sacramento.
The Community Facility District covered by this proposed contract has been maintained by Coast Landscape
Management for the past six years. The current contract term with Coast Landscape Management expires on
December 6,2012.
The contractor is responsible for providing maintenance that meets landscape maintenance standards that are
outcome based. For each maintenance task the contractor has provided a schedule of values. If standards
are not met, an amount equal to the percentage of work completed for that task will be witheld from the
contractor.
ANALYSIS
Four of the five firms on our on-call list elected to bid on this contract. The two year cost proposals received
are summarized below:
Contractor
Coast Landscape Management
Professional Landscape Solutions
New Image Landscape Company
California Landscape Associates
Contract Total
$ 143,763
$ 150,000
$ 194,400
$ 196,920
City staff has determined that Coast Landscape Management has met the City's requirements for the proper
licenses, insurance, and qualifications. The new contract amount is equivalent to $29,000 a year savings over
the previous contract.
Alternatives
The City Council may decide to:
1) Approve the recommendation as presented in this report;
2) Direct staff to alter the project to reduce costs; or
Award of Contract for Landscape Maintenance
November 7,2012
Page 2 of 2
3) Reject all bids and direct staff to conduct another bid process for landscape maintenance.
Strategic Plan Integration
The approved landscape maintenance contract integrates the City Council's Vision 2027 Our Community with
Vibrant Neighborhoods and the Goals 2017 for West Sacramento: a Preferred Place to Live, Work and Play ..
Coordination and Review
This report was prepared in coordination with the Finance Department.
Budget / Cost Impact
Funding is provided by the special tax assessments collected in the Community Facility District H that falls
under this contract. The contract value to be awarded is well within the established budget.
ATTACHMENTS
1.
Landscape Maintenance Contract
2.
Site Map
ATTACHMENT 1
CONTRACT FOR SERVICES
THIS CONTRACT is made on December 6, 2012, by and between the CITY OF
WEST SACRAMENTO ("City"), and Coast Landscape Management ("Consultant").
WITNESSETH:
WHEREAS, the City desires that Consultant perform landscape maintenance
services of the Community Facility District identified as Bridgeway Lakes CFD H;
WHEREAS, the ConSUltant has presented a proposal for such services to the City,
dated October 11,2012, (attached hereto and incorporated herein as Exhibit A) and is duly
licensed, qualified and experienced to perform those services;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1.
SCOPE OF SERVICES:
Consultant shall do all work, attend all meetings, produce all reports and carry out all
activities necessary to maintain the areas specified in Exhibit A to the standards set forth in
Exhibit D. This Contract and its exhibits shall be known as the "Contract Documents."
Terms set forth in any Contract Document shall be deemed to be incorporated in all
Contract Documents as if set forth in full therein. In the event of conflict between terms
contained in these Contract Documents, the more specific term shall control. If any portion
of the Contract Documents shall be in conflict with any other portion, provisions contained in
the Contract shall govern over conflicting provisions contained in the exhibits to the
Contract.
Consultant enters into this Contract as an independent contractor and not as an
employee of the City. The Consultant shall have no power or authority by this Contract to
bind the City in any respect. Nothing in this Contract shall be construed to be inconsistent
with this relationship or status. All employees, agents, contractors or subcontractors hired or
retained by the Consultant are employees, agents, contractors or subcontractors of the
ConSUltant and not of the City. The City shall not be obligated in any way to pay any wage
claims or other claims made against Consultant by any such employees, agents, contractors
or subcontractors, or any other person resulting from performance of this Contract.
The Consultant agrees it has satisfied itself by its own investigation and research
regarding the conditions affecting the work to be done and labor and materials needed, and
that its decision to execute this Contract is based on such independent investigation and
research.
2.
TERM OF CONTRACT
A.
The services of Consultant are to commence upon execution of this Contract
by the City and continue for a total term of two (2) years, and shall include at a minimum the
monthly maintenance activities identified in the "Maintenance Activities" attached hereto and
incorporated herein by this reference as Exhibit B.
Contract for Landscape Maintenance Services
Coast Landscape Management
November 7,2012
B.
Consultant's failure to complete work in accordance with the Schedule of
Performance may result in delayed compensation as described in Section 3.
C.
The City Manager or his or her designee may, by written instrument signed
by the Parties, extend the duration of this Contract for a period equal to the original term of
this Contract in the manner provided in Section 5, provided that the extension does not
require the payment of compensation in excess of the maximum compensation set forth in
Section 3, Compensation.
3.
COMPENSATION:
A.
The Consultant shall be paid monthly, for the completion of maintenance
activities identified in Exhibit S, the sum of FIVE THOUSAND NINE HUNDRED and
NINETY DOLLARS ($5,990.00). In the event City requests additional services, Consultant
shall be paid monthly for time and materials required and expended on such additional
services based on the rates and fees for additional work set forth in Exhibit A. In no event,
however, shall total compensation under this contract exceed the amount of ONE
HUNDRED and SIXTY-FIVE THOUSAND THREE HUNDRED and TWENTY-FOUR
DOLLARS ($165,324.00) without City's prior written approval.
B.
Said amount shall be paid upon submittal of a monthly bil!ing showing
completion of the tasks that month. Consultant shall furnish City with invoices for all
expenses as well as for all materials authorized by this Contract. The invoices shall be
submitted with the monthly billings. If Consultant's performance is not in conformity with the
Landscape Maintenance Standards set forth in Exhibit D, payments using the maintenance
activity schedule of values in Exhibit C may be delayed or denied, unless the Consultant's
failure to perform in conformity with the Landscape Maintenance Standards is a documented
result of the City's failure to perform its obligations under this Contract.
C.
If the work is halted at the request of the City, compensation shall be based
upon the proportion that the work performed bears to the total work required by this
Contract, subject to Section 4.
4.
TERMINATION:
A.
This Contract may be terminated by either party, provided that the other party
is given not less than 30 calendar days' written notice (delivered by certified mail, return
receipt requested) of intent to terminate.
B.
The City may temporarily suspend this Contract, at no additional cost to City,
provided that the Consultant is given written notice (delivered by certified mail, return receipt
requested) of temporary suspension. If City gives such notice of temporary suspension,
Consultant shall immediately suspend its activities under this Contract.
C.
Notwithstanding any provisions of this Contract, Consultant shall not be
relieved of liability to the City for damages sustained by the City by virtue of any breach of
this Contract by Consultant including but not limited to the failure of consultant to perform
services or meet the Landscape Maintenance Standards set forth in Exhibit D. The City
Contract for Landscape Maintenance Services
Coast Landscape Management
November 7, 2012
may also withhold any payments due to Consultant until such time as the exact amount of
damages, if any, due the City from Consultant is determined.
D.
In the event of termination, the Consultant shall be compensated as provided
for in this Contract, except as provided in Section 4C. Upon termination, the City shall be
entitled to all work, including but not limited to, appraisals, inventories, studies, analyses,
drawings and data estimates performed to that date in accordance with Section 7 hereof.
5.
AMENDMENTS, CHANGES OR MODIFICATIONS:
Amendments, changes or modifications in the terms of this Contract may be made at
any time by mutual written agreement between the parties hereto and shall be signed by the
persons authorized to bind the parties hereto.
6.
EXTENSIONS OF TIME:
Consultant may, for good cause, request extensions of time to perform the services
required hereunder. Such extensions shall be authorized in advance by the City in writing
and shall be incorporated in written amendments to this Contract or its exhibits in the
manner provided in Section 5.
7.
PROPERTY OF CITY:
A.
It is mutually agreed that all materials prepared by the Consultant under this
Contract shall become the property of the City, and the Consultant shall have no property
right therein whatsoever. Immediately upon termination, the City shall be entitled to, and the
Consultant shall deliver to the City, all data, drawings, specifications, reports, estimates,
summaries and other such materials as may have been prepared or accumulated to date by
the Consultant in performing this Contract which is not Consultant's privileged information,
as defined by law, or Consultant's personnel information, along with all other property
belonging exclusively to the City which is in the Consultant's possession.
B.
Additionally, it is agreed that the parties intend this to be a contract for
services and each considers the products and results of the services to be rendered by
Consultant hereunder (the "Work") to be a work made for hire. Consultant acknowledges
and agrees that the Work (and all rights therein, including, without limitation, copyright)
belongs to and shall beJhe sole and exclusive property of the City.
8.
COMPLIANCE WITH LOCAL LAW:
Consultant shall comply with all applicable laws, ordinances, and codes of federal,
State and local governments, and shall commit no trespass on any public or private property
in performing any of the work authorized by this Contract. It shall be City's responsibility to
obtain all rights of way and easements to enable ConSUltant to perform its services
hereunder. Consultant shall assist City in providing the same.
9.
WARRANTIES AND RESPONSIBILITIES - CONSULTANT:
Contract for Landscape Maintenance Services
Coast Landscape Management
November 7,2012
A.
Consultant agrees and represents that it is qualified to properly provide the
services set forth in Exhibit B to the standards set forth in Exhibit D and in a manner which
is consistent with the generally accepted standards of Consultant's profession.
B.
Consultant agrees and represents that the work performed under this
Contract shall be in accordance with applicable federal, State and local law in accordance
with Section 17A hereof.
C.
Consultant shall designate a project manager who at all times shall represent
the Consultant before the City on all matters relating to this Contract. The project manager
shall continue in such capacity unless and until he or she is removed at the request of the
City, is no longer employed by Consultant, or is replaced with the written approval of the
City, which approval shall not be unreasonably withheld.
D.
Consultant shall provide corrective services without charge to the City for
services which fail to meet the above professional and legal standards and which are
reported to Consultant in writing within thirty (30) days of discovery. Should Consultant fail
or refuse to perform promptly its obligations, the City may render or undertake performance
thereof and the Consultant shall be liable for any expenses thereby incurred.
10.
SUBCONTRACTING:
None of the services covered by this Contract shall be subcontracted without the
prior written consent of the City, which will not be unreasonably withheld. Consultant shall
be as fully responsible to the City for the negligent acts and omissions of its contractors and
subcontractors, and of persons either directly or indirectly employed by them, as it is for the
negligent acts and omissions of persons directly employed by Consultant.
11.
ASSIGNABILITY:
Consultant shall not assign or transfer any interest in this Contract whether by
assignment or novation, without the prior written consent of the City which will not be
unreasonably withheld. However, claims for money due or to become due Consultant from
the City under this Contract may be assigned to a financial institution, or to a trustee in
bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary
or involuntary shall be furnished promptly to the City.
12.
INTEREST IN CONTRACT:
Consultant covenants that neither it, nor any of its employees, agents, contractors,
subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the
subject of the Contract, nor any other interest which would conflict in any manner or degree
with the performance of its services hereunder. Consultant shall make all disclosures
required by the City's conflict of interest code in accordance with the category designated by
the City, unless the City Manager determines in writing that Consultant's duties are more
limited in scope than is warranted by the category deSignated by the City code and that a
narrower disclosure category should apply. Consultant also agrees to make disclosure in
compliance with the City conflict of interest code if, at any time after the execution of this
Contract, City determines and notifies Consultant in writing that Consultant's duties under
this Contract warrant greater disclosure by Consultant than was originally contemplated.
Contract for Landscape Maintenance Services
Coast Landscape Management
November 7, 2012
Consultant shall make disclosures in the time, place and manner set forth in the conflict of
interest code and as directed by the City.
13.
MATERIALS CONFIDENTIAL:
All of the materials prepared or assembled by Consultant pursuant to performance of
this Contract are confidential and Consultant agrees that they shall not be made available to
any individual or organization without the prior written approval of the City, except by court
order.
14.
LIABILITY OF CONSULTANT-NEGLIGENCE:
Consultant shall be responsible for performing the work under this Contract in a
manner which is consistent with the generally-accepted standards of the Consultant's
profession and shall be liable for its own negligence and the negligent acts of its employees,
agents, contractors and subcontractors. The City shall have no right of control over the
manner in which the work is to be done but only as to its outcome, and shall not be charged
with the responsibility of preventing risk to Consultant or its employees, agents, contractors
or subcontractors.
15.
INDEMNITY AND LITIGATION COSTS:
Consultant shall indemnify, defend, and hold harmless the City, its officers, officials,
agents, and employees and volunteers from and against any and all claims, damages,
demands, liability, costs, losses and expenses, including without limitation court costs and
reasonable attorneys' fees, arising in any manner by reason of negligent acts or negligent
failure to act, errors, omissions or willful misconduct incident to the performance of this
Contract on the part of Consultant except such loss or damage which was caused by the
sole negligence, or willful misconduct of the City. The provisions of this paragraph shall
survive termination or suspension of this Contract.
16.
CONSULTANT TO PROVIDE INSURANCE:
A.
Consultant shall not commence any work before obtaining, and shall maintain
in force at all times during the duration and performance of this Contract the policies of
insurance specified in this Section. Such insurance must have the approval of the City as to
limit, form, and amount, and shall be placed with insurers with a current A.M. Best's rating of
no less than AVII (or, in the case of Worker's Compensation insurance, with the State
Compensation Insurance Fund of California).
B.
Prior to execution of this Contract and prior to commencement of any work,
the Consultant shall furnish the City with original endorsements effecting coverage for all
poliCies required by the Contract. The endorsements shall be signed by a person
authorized by the insurer to bind coverage on its behalf. The endorsements are to be on
forms provided by the City. As an alternative to the City's forms, the Consultant's insurer
may, subject to the approval of the City, provide complete, certified copies of all required
insurance policies, including endorsements effecting the coverage required by this Section.
The Consultant agrees to furnish one copy of each required policy to the City, and additional
copies as requested in writing, certified by an authorized representative of the insurer.
Approval of the insurance by the City shall not relieve or decrease any liability of Consultant.
Contract for Landscape Maintenance Services
Coast Landscape Management
November 7,2012
C.
In addition to any other remedy the City may have, if Consultant fails to
maintain the insurance coverage as required in this Section, the City may obtain such
insurance coverage as is not being maintained, in form and amount substantially the same
as is required herein, and the City may deduct the cost of such insurance from any amounts
due or which may become due Consultant under this Contract.
D.
Each insurance policy required by this Contract shall be endorsed to state
that coverage shall not be suspended, voided, canceled, terminated by either party, or
reduced in coverage or in limits except after thirty (30) days' prior written notice by certified
mail, return receipt requested, has been given to the City.
E.
Any deductibles, aggregate limits, pending claims or lawsuits which may
diminish the aggregate limits, or self-insured retentions, must be declared to, and approved
by, the City.
F.
Aggregate Limits/Impairment
If any of the above-required insurance coverages contain annual aggregate
limits, you must give the City notice of any pending claim or lawsuit which may diminish the
aggregate. You must take steps to restore the impaired aggregates or provide replacement
insurance protection. The City has the option to specify the minimum acceptable aggregate
limit for each line of coverage required. No substantial reductions in scope of coverage
which may affect City's protection are allowed without City's prior written consent.
G.
The requirement as to types, limits, and the City's approval of insurance
coverage to be maintained by Consultant are not intended to, and shall not in any manner,
limit or qualify the liabilities and obligations assumed by Consultant under the Contract.
H.
The Consultant and its contractors and subcontractors shall, at their expense,
maintain in effect at all times during the performance of work under the Contract not less
than the following coverage and limits of insurance, which shall be maintained with insurers
and under forms of policy satisfactory to the City. The maintenance by Consultant and its
contractors and subcontractors of the following coverage and limits of insurance is a
material element of this Contract. The failure of Consultant or of any of its contractors or
subcontractors to maintain or renew coverage or to provide evidence of renewal may be
treated by the City as a material breach of this Contract
I.
Worker's Compensation and Employer's Liability Insurance.
Worker's Compensation - Insurance to protect the Consultant, its contractors
and subcontractors from all claims under Worker's Compensation and Employer's Liability
Acts, including Longshoremen's and Harbor Worker's Act ("Acts"), if applicable. Such
coverage shall be maintained, in type and amount, in strict compliance with all applicable
state and Federal statutes and regulations. The Consultant shall execute a certificate in
compliance with Labor Code Section 1861, on the form provided in the Contract Documents.
The insurer shall agree to waive all rights of subrogation against the City for
losses arising from work performed by the Consultant.
J.
Comprehensive General and Automobile Liability Insurance.
Contract for Landscape Maintenance Services
Coast Landscape Management
November 7,2012
The insurance shall include, but shall not be limited to, protection against
claims arising from death, bodily or personal injury, or damage to property resulting from
actions, failures to act, or operations of the insured, or by its employees or agents, or by
anyone directly or indirectly employed by the insured. The amount of insurance coverage
shall not be less than $1,000,000.00 per occurrence.
The comprehensive general liability insurance and the automobile liability
insurance coverages shall also include, or be endorsed to include, the following:
1.
Provision or endorsement naming the City and each of its officers,
employees, and agents, as additional insureds in regards to: liability arising out of the
performance of any work under the Contract; liability arising out of activities
performed by or on behalf of the Consultant; premises owned, occupied or used by
the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant.
The coverage shall contain no special limitations on the scope of protection afforded
to the City, its officers, officials, employees or volunteers.
2.
Provision or endorsement stating that for any claims related to this
project, the Consultant's insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees and volunteers to the extent the City is an
additional insured. Any insurance or self insurance maintained by the City, its
officers, officials, employees or volunteers shall be in excess of the Consultant's
insurance and shall not contribute with it, to the payment or satisfaction of any
defense expenses, loss, or judgement.
3.
Provision or endorsement stating that any failure to comply with
reporting or other provisions of the policies including breaches of representations
shall not affect coverage provided t6 the City, its officers, officials, employees, or
volunteers.
4.
Provision or endorsement stating that the Consultant's insurance shall
apply separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's liability.
5.
Provision or endorsement stating that such insurance, subject to all of
its other terms and conditions, applies to the liability assumed by the Consultant
under the Contract, including, without limitation, that set forth in Section 15,
Indemnity and Litigation Costs.
17.
MISCELLANEOUS PROVISIONS:
A.
Consultant shall keep itself fully informed of, shall observe and comply with,
and shall cause any and all persons, firms or corporations employed by it or under its control
to observe and comply with, applicable federal, state, county and municipal laws,
ordinances, regulations, orders and decrees which in any manner affect those engaged or
employed on the work described by this Contract or the materials used or which in any way
affect the conduct of the work.
B.
Consultant shall not engage in unlawful employment discrimination. Such
unlawful employment discrimination includes, but is not limited to, employment
Contract for Landscape Maintenance Services
Coast Landscape Management
November 7,2012
discrimination based upon a person's race, religious creed, color, national origin, ancestry,
physical handicap, medical condition, marital status, gender, citizenship, or sexual
orientation.
C.
Consultant shall maintain and make available for inspection by the City and
its auditors accurate records of all of its costs, disbursements and receipts with respect to
any work under this Contract. Such inspections may be made during regular office hours at
any time until six (6) months after the final payments under this Contract are made to the
Consultant.
D.
This Contract constitutes the entire agreement between the parties relative to
the services specified herein and no modification hereof shall be effective unless and until
such modification is evidenced by a writing signed by both parties to this Contract. There
are no understandings, agreements, conditions, representations, warranties or promises,
with respect to this Contract, except those contained in or referred to in the writing.
E.
All notices that are required to be given by one party to the other under this
Contract shall be in writing and shall be deemed to have been given if delivered personally
or enclosed in a properly addressed envelope and deposited in a United States Post Office
for delivery by registered or certified mail addressed to the parties at the following
addresses:
City:
Consultant:
F.
California.
Chris Surawski, Landscape Construction Inspector
Public Works Department
1110 West Capitol Avenue
West Sacramento, CA 95691
Fairlight Beard
Coast Landscape management
7400 Folsom Blvd
Sacramento, CA 95826
This Contract shall be interpreted and governed by the laws of the State of
G.
Any action arisIng out of this Contract shall be brought in Yolo County
California, regardless of where else venue may lie.
H.
In any action brought by either party to enforce the terms of this Contract,
each party shall be bear responsibility for its attorney's fees and all costs regardless of
whether one party is determined to be the prevailing party.
Contract for Landscape Maintenance Services
Coast Landscape Management
November 7,2012
CITY OF WEST SACRAMENTO
8y: ______________________
Christopher L. Cabaldon,
City of West Sacramento
ATTEST:
8y: ____________________
Kryss Rankin, City Clerk
APPROVED AS TO FORM:
Jeffrey Mitchell, City Attorney
EXHIBIT A
City of West Sacramento
Scope of Services/Area Map/Proposal Forms
Landscape Maintenance of Community Facility Districts
Cost Proposal Addendum 2
ITEM
NO.
1
ITEM
DESCRIPTION
Bridgeway Lakes
ESTIMATED
OTY
UNITS
2-Year
Total
14
Contractor Name & Address
.KKI8T~tI /(ftlN/lteD fJ,U8iAlESS
,I
J)EVltO,qn,z::N~O(~
Name & Title of Authorized Person
Signature
?71{J(Q()
Exp. Date:
/
I
5j / .
;;;;YO /</
Contractor's License Number
Telephone Number
Fax Number
Call (916) 617-4717 to verify the issuance of addendums.
Contractor verified receipt of ail addendum(s)
:2
_____
Number of addendum(s} received: ___
Initiai here:
Exhibit A
City of West Sacramento
Landscape Maintenance of Community Facility District
PROPOSAL FORM - RATES AND FEES FOR ADDITIONAL WORK
Common Labor
Skilled Technician
Supervisor
Emergency I Off Hour Response
Other (describe):
NDt~'e
$ '10." $G1G
ttv Cot?
EXHIBIT B
Maintenance Activities
Maintenance Activity:
Mowing
Edging
Aeration
Turf and Planter Beds are Disease, Pest, and Weed Free
Fertilization
Litter, Debris, and Graffiti Removal
Shrub and Ground Cover Trimming
Clean Sidewalks
Weekly Site Inspections
Maintain Planter Beds Wood Chips to a 3 Inch Depth
Maintain and repair wood fence
Maintain weed free edge along wood fence
Maintain Demonstration Garden
EXHIBITC
Maintenance Activity Schedule of Values for Bridgeway Lakes
In the event City determines that Contractor has failed to maintain any site in
accordance with the City Landscape Maintenance Standards set forth in Exhibit "0",
the City reserves the right (pursuant to Section 3.B of the Contract) to delay or deny
payment for specific maintenance activities, using the following Schedule of Values,
until the site is back in conformance with Exhibit "0":
Maintenance Activity:
Value:
Mow
Edging
Aeration
Turf and Planter Beds are Disease, Pest, and Weed Free
Fertilization
Litter, Debris, and Graffiti Removal
Shrub and Ground Cover Trimming
Clean Sidewalks
Weekly Site Inspections
Maintain Planter Beds Wood Chips to a 3 Inch Depth
Maintain and Repair Wood Fence
Maintain Weed Free Edge Along Wood FI
Maintain Demonstration Garden
Total Monthly Amount
~Dt&-=sr
1dJ\·
I DB CJ}lAnJ{;
Contractor Name & Address
~(t~~,
Name
Title of Authorized Person
$
$
$
$
$
$
$
$
$
$
$
\ \ \ L\:-lo
$
4-'{
$
'14
$
S~~O
101-
.e
U\l()0
\60
\0Le
L64'1
¢10~
1~"2..
'1-1-0
-u-
()\2-\)b{\ IN kYi\
,-
(j\ ~1t6G2S
EXHIBITD
City of West Sacramento Landscape Maintenance Standards
The following standards are referenced from the City of West Sacramento Landscape
Maintenance Standards and rated as "Meets Standards". Work shall be considered
"unsatisfactory" or "not meeting standards," if the areas described in Exhibit "A" are not
maintained to the standards set forth below. The City shall be able to withhold payment of
"unsatisfactory" work until such standards are met. Payment shall be made by the City within
ten (10) days of corrective service that meets the City's Landscape Maintenance Standards.
Section 1 Accessibility
1. Maintain sidewalks free and clear of debris.
Section 2 Turf areas
2.1 General Use Standard
2.1.2
Turf will be healthy with an even surface and uniform, deep green color.
2.1.3
Turf will not exhibit bare spots.
2.1.4
Turf will be pest-free.
2.1.5
Shall be maintained in accordance with Turf Maintenance Section 2.2, Irrigation
Section 3, and Disease and Pest Control Section 4 standards.
2.2 Turf area Maintenance
2.2.1
Mowing
2.2.1.1
Height of cut (in inches) for grasses.
Type of grass
Growth Optimum in inches
1/2 - 3/4
Bermuda grass, hybrid
Fescue
2-3
Bluegrass
2- 3
2.2.2
Edging
2.2.2.1
Complete site edging of trees, curbs, sidewalks, beds, sprinklers, valve boxes,
meter boxes, etc., shall be performed to insure the site looks groomed and complete.
Aeration
2.2.3
As needed to maintain standard.
2.2.3.1
2.2.4
Weeds
2.2.4.1
Turf areas will be weed free.
2.2.6
Fertilizer
2.2.6.1
Apply as needed to maintain standard.
2.2.6.2
All applications to be balanced fertilizer with nitrogen, phosphorous, and
potassium (NPK) based on site-specific soil analysis. Micronutrient applications may be
applicable.
2.2.6.3
Separate applications for shrubs and flowers as needed to maintain standard.
Section 3 Irrigation
3.1 General
3.1.1
General inspections of turf and plant materials shall be done routinely for sign of stress
or damage. Issues must be reported to samc@cityofwestsacramento.org or 916-496-0307.
3.1.2
Contractors must provide the City with a monthly maintenance schedule so that city can
schedule all controllers accordingly.
Section 4 Disease and Pest Control
4.1
Turf and landscaping shall be disease and pest free. Any signs of stress or
damage to turf or planting materials and/or a direct bother to the public or its safety, shall
be corrected by utilizing one of the three (3) steps indicated:
Preventative - a scheduled chemical or cultural program designed to
prevent significant damage.
Corrective - application of chemical or mechanical controls designed to eliminate
observed problems.
Integrated Pest Management - withholding any controls until such time as pests
demonstrate damage to plant materials, or become a demonstrated irritant or safety
concern to the public, such as in the case of wasps, ants, gophers, etc.
Section 7 Beds, Hedges, and Ground Cover
7.1 General Standard
7.1.1
Fertilization, irrigation and cultivation (when applicable) shall be adjusted to serve
the requirements of the plant species.
7.1.2
Shall be healthy, attractive plants that lend variety and interest to the landscape.
7.1.3
Bark mulch shall be placed around plants and maintained on an as needed bases.
7.1.4
Beds, ground covers, and hedges shall be maintained to provide secondary
functions such as barriers, animal habitat, or dust and erosion control.
7.1.5
Irrigation timers shall be coordinated with scheduled use, and
maintained in compliance with Irrigation standards in Section 3.
7.1.6
Removal and Replacement
All failed or damaged plant materials shall be removed and replaced within
7.1.6.1
thirty (30) days of notice, unless determined by the City to delay replacement. The replacement
plant shall be the same size and species as the damaged or failed plant, if possible. The City
shall approve replacement of plant materials not meeting these specifications.
7.1.7
Utter, Debris, and Graffiti Removal
7.1.7.1
All trash cans and plant beds shall be maintained free of trash and debris.
7.1.7.2
All graffiti must be removed immediately or within 3-days of being notified. Paint
over will not be acceptable.
7.1 .8
Weed Control
7.1.8.1
Plant beds shall be free of weeds. Beds shall be weeded as needed to
meet standard.
7.1.9
Trimming
7.1.9.1
All shrubs shall be pruned as needed to meet the intent of the landscape
design. Hedges shall be trimmed at a level not to exceed the height of the closest cmu wall or
fence. Ground cover shall be edged as needed to keep plant growth from extending
beyond curbs, sidewalks, buildings, and turf areas. Ground cover in medians shall not be
allowed to extend beyond the curb or sidewalk.
7.2 Flower Beds
7.2.1
Shall be maintained in accordance with the standards listed in Beds, Hedges, and
Ground Cover Section 7.
7.2.2
Show no blank spots during season without authorization from the City.
7.2.3
Maintained in compliance with Section 4 related to Disease and Pest Control.
Dead heads, blank spots, and other defects shall not detract from decorative
7.2.4
nature of the plantings.
7.2.5
Plantings shall be rotated as needed, to continue color and interest. Minimally, on
a seasonal schedule in areas of high use or high visibility and semi-annually in low use,
low visibility areas.
7.2.6
Irrigation timers shall be coordinated with scheduled use, and
maintained in compliance with Irrigation standards in Section 3.
7.3 Shrub Beds, Hedges, and Ground Cover
7.3.1
Shall be maintained in accordance with the standards listed in Beds, Hedges, and
Ground Cover Section 7.
7.3.2
Maintained in compliance with Section 4 related to Disease and Pest Control.
7.3.3
Shall be free of invasive shrub and tree species.
7.3.4
Irrigation timers shall be coordinated with scheduled use, and
maintained in compliance with Irrigation standards in Section 3.
Section 8 Trees
8.1
A 4 foot diameter or square area at the base of each tree shall be kept free of weeds
and/or grass by using herbicide and/or a 4 inch thick layer of wood chips kept 3" from the base
of each tree.
8.2.1 The contractor shall maintain and replace as needed, existing stakes and ties on
all trees until such time as they are no longer needed for support, as determined
by the City of West Sacramento. Stakes and ties shall be inspected monthly
and/or more often as required by weather conditions. This inspection is to
prevent girdling of trunks and branches and to prevent rubbing that causes bark
wounds. Contractor shall be responsible for installation and maintenance of
stakes. Contractor shall be responsible for replacement of existing stakes with
another type of staking system such as "Guying" or "Reddy Stakes" as
determined by the City of West Sacramento.
8.2.2 Pruning shall apply to all trees in landscape as well as street trees, including
public trees in front of homes. Trees other than native oaks shall be checked
annually and pruned during the dormant season as needed to insure proper
growth in compliance with the following guidelines. Native oaks shall be checked
annually and pruned during the summer months as needed to insure proper
growth in compliance with the following guidelines;
1. Qualified professional personnel, using recognized and approved methods and
2. techniques, shall do all pruning. Excessive pruning or stubbing back will not be
permitted. All pruning cuts shall be made just outside the branch bark collar as
described within ANSI A300 standards. All pruning cuts shall be made with
sharp, properly maintained equipment. Shearing of shrubs and ground cover will
be done only after approval of the City of West Sacramento.
3. Young trees shall be pruned to select and develop permanent scaffold branches
that are smaller in diameter than the trunk or branch to which they are attached.
Depending on the species, permanent branches shall have vertical spacing
ranging from 12 to 48 inches with radial orientation so as to not overlay one
another.
4. Under no circumstances will stripping of lower branches ("raising up") of young
trees be permitted. Lower branches shall be retained in a "tipped back" or
pinched condition with much foliage as possible to promote caliper trunk growth,
tapered trunk. Lower temporary branches may be removed only after the tree
canopy is able to shade the trunk during the late afternoon.
5. All tree canopies shall be thinned when necessary to prevent wind and storm
damage.
It
6. Pruning of trees and shrubs shall be done as needed to achieve the following:
To maintain a sound structure and an aesthetically pleasant form, particularly to correct
deformation caused by wind, vandalism or mechanical damage.
e
To raise the lower branches of trees to eight feet to meet ADA requirements wherever they
overhang walkways.
e
To raise the lower branches of trees to twelve feet for street clearance.
III
To cut back shrubs where they encroach on the walks and the paved areas.
III
To cut back branches that rub on walks, fences, and buildings.
e
To remove suckers, waterspouts, and other undesirable growth on trees.
III
To remove all dead or damaged branches.
7. Regardless of tree canopy height, contractor shall
to 15 feet in height for traffic clearance.
responsible for pruning up
8. The Contractor shall be responsible for removal and disposal of any dead trees
(including stumps) up to 4 inches dbh (13 inches circumference).
9. All trees shall be fertilized two times annually.
Section 11 Paved Surfaces
11.1
Paved surfaces include sidewalks and other areas topped with asphalt or concrete.
11.2
Sidewalks and other paved areas shall be free of sand, debris and litter, so at no time it
detracts from the look or safety of the area.
11.3
Sand and decomposed gravel shall be removed from sidewalks.
11.4
All surfaces shall be pest-free as defined in Section 4 Disease and Pest Control, to
include Weed Control.
)::I
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Bridgeway Lakes CFD H
CITY OF WEST SACRAMENTO
AGENDA REPORT
ITEM # 7
MEETING DATE: November 7, 2012
SUBJECT:
CONSIDERATION AND APPROVAL OF PLANS, SPECIFICATIONS AND CONTRACT AWARD FOR THE
ADA PARK IMPROVEMENT PROJECTS FOR CIRCLE PARK AND FRED & LEILA HOLMES PARK
INITIATED OR REQUESTED BY:
REPORT COORDINATED OR PREPARED BY:
A.E. "Drew" Gidlof III, Construction Operations Manager
[]
[]
Commission
Other
[X]
Staff
William T. Panos, Director of Public Works
ATTACHMENT [X] Yes
[] No
[ ] Information
[ ] Direction
[X] Action
OBJECTIVE
The purpose of this report is to award a construction contract for the Americans with Disabilities Act (ADA)
Park Improvement Projects for Circle Park (intersection of Alabama Avenue and Circle Street) and Fred & Leila
Holmes Park (intersection of Pennsylvania and 1ih street).
RECOMMENDED ACTION
It is respectfully recommended that City Council:
1. Award the Contract to the lowest responsive, responsible bidder, F. Loduca Company, for $84,892.75.
2. Grant the City Manager or his designee the authority to issue Contract Change Orders up to 15 percent
of the construction cost in the amount of $12,734.00.
BACKGROUND
Work at Circle and the Fred & Leila Holmes parks is part of the April 2010 ADA Settlement Agreement.
The plans and specifications have been prepared, reviewed and approved by the West Sacramento Public
Works Engineering Division and ADA advisory team.
ANALYSIS
Staff identified a base bid that would address the ADA compliance issues at Circle and Fred & Leila Holmes
parks.
An invitation to bid was prepared and specified that the award would be based on the lowest
responsive base bid. Eight (8) sealed bids were received and opened on October 23, 2012. Local contractors
were solicited to bid on the project through direct contact, local advertisement, and follow-up contact through
the City of West Sacramento Chamber of Commerce, as well as the Local Building Exchanges. No bids were
received by local contractors. The bid results are as follows:
Firm
F. Loduca Company
Haskell & Haskell Engineering
Quimu Contracting, Inc.
Abide Builders
Cazadores Construction
Glissman Excavating
Environmental Landscape Solutions
CE Green, Inc.
1
Base Bid.
I
I
$84,892.75
$97,851.00
$98,177.50
$98,555.00
$107,900.00
$110,375.00
$117,245.24
$124,678.00
Staff is requesting a 15% contingency to cover unforeseen costs that may arise due to utility conflicts and
unforeseen issues with soil or compaction. Each of the Parks was built prior to the city incorporating and we
did not have as-builts on file to research during design of the intended improvements. Approval of the
recommendations will establish an ADA compliant park at Circle and Fred & Leila Holmes parks.
Contract for ADA Park Improvement
November 7,2012
Page 2
Staff recommends awarding the contract to F. Loduca Company. Staff has examined the Contractor's license,
work experience, qualifications, and bid price. On these bases, staff has determined the firm to be the lowestcost, responsive, responsible bidder.
Alternatives
The City Council may decide to:
1. Approve the recommendation described in this report;
2. Direct staff to alter the project to reduce costs.
3. Elect not to proceed with the planned ADA improvements at the parks at this time and reject all bids.
Strategic Plan Integration
Council approval of the ADA Park Improvement Projects for Circle and Fred & Leila Holmes Park contract is
consistent with the Council's Vision 2027 for Vibrant Neighborhoods.
Coordination and Review
This report was prepared in coordination with the City of West Sacramento ADA Team and Administrative
Services Department.
Budget/Cost Impact
The total project cost, including 15% contingency, is estimated at $97,626.75 and will be paid out of workorder
52241 - ADA Compliance and Access Improvements.
ATTACHMENTS
1 Construction Contract
2. Vicinity Map
ATTACHMENT 1
Construction Contract
ADA Park Improvement Projects for Circle and Fred & Leila Holmes Park
November 7,2012
CONTRACT
THIS AGREEMENT is made and entered into on the date below written, by and between THE
CITY OF WEST SACRAMENTO, hereinafter called the "City" and F. LOUCA COMAPNY,
hereinafter called the "Contractor".
In exchange for valuable considerations hereinafter mentioned, the City and Contractor agree
as follows:
ARTICLE I.
The Contractor agrees to furnish all labor, materials, tools and equipment and to
perform all the work required to construct and complete in a good and workmanlike manner and
in strict accordance with the Contract Documents, those certain improvements entitled:
ADA PARK IMPROVEMENT PROJECTS FOR CIRCLE AND FRED & LEILA HOLMES PARK
Contract Documents for this project have been prepared by the City Engineer of West
Sacramento, and hereinafter called the Engineer. All Contract Documents, and each and every
provision thereof, relating to this Contract are hereby made a part of and incorporated by
reference into this Contract. Such Contract Documents include the Invitation to Bid, Bidder's
Bond, Contract, Faithful Performance Bond, Payment Bond, Contractor's Certificate Regarding
Worker's Compensation, Specifications, the Federal and State-required provisions, the
Technical Specifications and the Plans applicable to this work, and all Addendum and Change
Orders as well as all modifications incorporated into said documents before the execution of this
Contract. Any work called for in one Contract Document and not mentioned in others is to be
performed and executed as if mentioned in all Contract Documents.
ARTICLE II. The City agrees to pay the Contractor for the performance of the Contract,
subject to additions and deductions provided therein, the following prices, and the Contractor
agrees to receive and accept the following prices as full compensation for furnishing all
materials, labor, tools and equipment, and for doing all the work contemplated and embraced in
this Contract, and for all risks of every description connected with the work and for all expenses
incurred by or in consequence of the suspension or discontinuance of the work, and for well and
faithfully completing the work and the whole thereof in the manner and according to the Contract
Documents and the requirements of the Engineer under them, namely:
Construction Contract
ADA Park Improvement Projects for Circle and Fred & Leila Holmes Park
November 7, 2012
ITEM
NO.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
UNITS
Mobilization, SWPPP, Survey, and
Project Layout
Remove Concrete Sidewalk
Remove concrete picnic tables,
benches & foundation
Remove bollards & concrete
foundation
Install concrete sidewalk /
foundations
Install curb ramp (WS corner
Alabama & Circle Street)
Install curb rampe (NE corner
Alabama & Circle Street)
Install curb ramp (Circle Park
interior)
Install curb ramp (Parallel Type)
Install 8' ADA Accessible Picnic
Table in - ground
Install 6' Bench with Back -In Ground
Install 3" Diameter PVC Schedule
40 Sleeve
Install Litter & Recycling Receptable
L.S.
1
S.F.
EA
1,260
8
EA
TOTAL BID PRICE
Note:
ESTIMATED
QUANTITY
DESCRIPTION
EA. =Each;
L.S. =Lump Sum
UNIT
PRICE
TOTAL
PRICE
$ 4,450.00
$ 4,450.00
$
$
4.00
525.00
$ 5,040.00
$ 4,200.00
4
$
75.00
$ 300.00
SF
2,835
$
5.25
$14,883.75
EA
1
$ 7,400.00
$ 7,400.00
EA
1
$ 6,890.00
$ 6,890.00
EA
4
$ 3,200.00
$12,800.00
EA
2
$ 4,525.00
$ 9,050.00
EA
4
$ 1,494.00
$ 5,976.00
EA
LF
4
28
$
$
750.00
1.00
$ 3,000.00
$
28.00
EA
5
$ 2,175.00
$10,875.00
$84,892.75
L.F. - Linear
Feet;
S.F. = Square
Feet;
ARTICLE III. The City shall make payments on the account of the Contract as specified in the
General Conditions.
ARTICLE IV. The Contractor shall diligently prosecute the work to completion in accordance
with the following schedule: Thirty-Days (30) CALENDAR DAYS.
ARTICLE V. The Contractor acknowledges that he has examined the prevailing rate of per
diem wages as established by the U.S. Department of Housing and Urban Development and the
California Director of Industrial Relations. The Contractor agrees to pay workers not less than
the applicable prevailing rate of per diem wages, as set forth in these requirements.
Construction Contract
ADA Park Improvement Projects for Circle and Fred & Leila Holmes Park
November 7, 2012
IN WITNESS WHEREOF, the parties execute this Contract as follows:
CONTRACTOR
Signature
Frank Laduca
Printed Name
Owner
Title
Date
Approved as to form:
Jeff Mitchell, City Attorney
Attest:
Kryss Rankin, City Clerk
Christopher L. Cabaldon
City of West Sacramento
Construction Contract
ADA Park Improvement Projects for Circle and Fred & Leila Holmes Park
November 7, 2012
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT, WHEREAS, THE CITY OF WEST
SACRAMENTO, hereinafter designated as the "City", entered into a Contract dated November
7, 2012, with F. Loduca Company hereinafter designated as the "Contractor" for the work
described as follows:
ADA Park Improvement Projects for Circle Park and Fred & Leila Holmes Park
WHEREAS, the said Contractor is required under terms of said Contract to furnish a bond for
the faithful performance of said Contract;
WHEREAS, the Contract is by reference made a part hereof;
NOW, THEREFORE, we, F. Loduca Company the undersigned Contractor, as Principal, and
(corporate surety), a corporation organized and
, and duly authorized to
existing under the laws of the State of
transact business under the laws of the State of California, as Surety, are held and firmly bound
unto the City in the penal sum of eighty four thousand eight hundred and ninety two dollars and
seventy five cents ($84,892.75), lawful money of the United States, said sum being not less
than one hundred (100) percent of the total Contract amount, for the payment of which sum well
and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors,
jointly and severally, firmly by these presents.
---,,-,-:-_ _-:-----,-:'_.,.--_--:--:-:---=:,..,.--,_--;:-_
THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, if the above bounded Contractor,
his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and
abide by, and well and truly deep and perform the covenants, conditions, and agreements in the
said Contract and any alterations thereof made as therein provided, on his or their part, to be
kept and performed at the time and in the manner therein specified, and in all respects
according to their true intent and meaning, and shall indemnify and save harmless the City, its
officers and agents, as therein stipulated, then this obligation shall become null and void;
otherwise it shall be and remain in full force and virtue.
As a condition precedent to the satisfactory completion of the said Contract, the above
obligation in said amount shall hold good for a period of one (1) year after the completion and
acceptance of the said work, during which time if the above bounded Contractor, his or its heirs,
executors, administrators, successors or assigns shall fail to make full, complete, and
satisfactory repair and replacements or totally protect the City from loss or damage made
evident during said period of one year from the date of acceptance of said work, and resulting
from or caused by defective materials or faulty workmanship in the prosecution of the work
done, the above obligation in the said sum shall remain in full force and effect. However,
anything in this paragraph to the contrary notwithstanding, the obligation of the Surety
hereunder shall continue so long as any obligation of the Contractor remains.
And the Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract or to the work to be performed
thereunder or the specifications accompanying the same shall, in any way, affect its obligations
on this bond and it does hereby waive notice of any such change, extension of time, alteration,
or addition to the terms of the Contract or to the work or the specifications. Said Surety hereby
waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
In the event suit is brought upon this bond by the City and judgment is recovered, the Surety
shall pay all costs incurred by the City in such suit, including reasonable attorney's fees to be
fixed by the Court.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _ _ _ day of
_ _ _ _ _ _ _ _ _ _ , 2012.
Construction Contract
ADA Park Improvement Projects for Circle and Fred & Leila Holmes Park
November 7,2012
(Contractor as Principal)
(Seal)
By ________________________________
(Seal)
By ______________________________
NOTE: If Contractor is Partnership, all parties must execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's
most current list (Circular 570 as amended) and be authorized to transact business in California.
Construction Contract
ADA Park Improvement Projects for Circle and Fred & Leila Holmes Park
November 7,2012
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS,
THAT, WHEREAS, THE CITY OF WEST SACRAMENTO, hereinafter designated as the "City",
has awarded to F. Loduca Company, hereinafter designated as the "Contractor" a Contract for
the work described as follows:
ADA Park Improvement Projects for Circle Park and Fred & Leila Holmes Park
WHEREAS, the Contractor is required by the Contract and by the provisions of Division Third,
Part 4, Title 15, Chapter 7 of the Civil Code to furnish a bond in connection with the Contract, as
hereinafter set forth.
NOW, THEREFORE, we, F. Loduca Company, the undersigned Contractor, as Principal, and
.---,,-;.-~--;----c;:-----------' a corporation organized and existing under the
laws of the State of
duly authorized to transact business under the
laws of the State of California, as Surety, are held and firmly bound unto the City in the sum of
eighty four thousand eight hundred and ninety two dollars and seventy five cents ($84,892.75)
said sum being not less than one hundred (100) percent of the total Contract amount payable by
the city, under the terms of the Contract, for which payment well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, if the Contractor, his or its heirs,
executors, administrators, successors and assigns or subcontractors shall fail to pay for any
materials, provisions, provender or other supplies or teams, implements or machinery used in,
upon, for or about the performance of the work contracted to be done, or shall fail to pay for any
work or labor thereon of any kind, or shall fail to pay any persons named in Civil Code Section
3181, or shall fail to pay for amounts due under the Unemployment Insurance Code with respect
to such work or labor as required by the provisions of Division Third, Part 4, Title 15, Chapter 7
of the Civil Code, or shall fail to pay for any amounts required to be deducted, withheld, and
paid over to the Employment Development Department from the wages of employees of the
Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code
with respect to such work or labor, and provided that the claimant shall have complied with the
provisions of that Code, the Surety or Sureties hereon will pay for the same in amount not
exceeding the sum specified in the Contract, otherwise the above obligation shall be void. In
case suit is brought upon this bond, the Surety will pay a reasonable attorney's fee to the
prevailing party to be fixed by the court. This bond shall insure to the benefit of any and all
persons, companies and corporations entitled to file claims under Section 3181 of the Civil
Code, so as to give a right of action to them or to their assigns in any suit brought upon this
bond. And the Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract or to the work to be
performed thereunder or the specifications accompanying the same shall in any way affect its
obligation on this bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contractor to the work or to the specifications.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of
_ _ _ _ _ _ _ _ _ _ _ _ ,2012.
(Contractor as Principal)
(Seal)
By
(Seal)
By
NOTE: If Contractor is a Partnership, all partners should execute BOND.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's
most current list (Circular 570 as amended) and be authorized to transact business in California.
Construction Contract
ADA Park Improvement Projects for Circle and Fred & Leila Holmes Park
November 7,2012
CONTRACTOR'S CERTIFICATE REGARDING WORKER'S COMPENSATION
TO:
William T. Panos, Director of Public Works
City of West Sacramento
I am aware of the provisions of Section 3700 of the Labor Code of the State of California which
require every employer to be insured against liability for worker's compensation or to undertake
self-insurance in accordance with the provisions of that Code, and I will comply with such
provisions before commencing the performance of the work of this Contract.
CONTRACTOR
By ___________________________
P.O. Box 690111
Stockton, CA 95269
(Business Address)
(Place of Residence)
Construction Contract
ADA Park Improvement Projects for Circle and Fred & Leila Holmes Park
November 7,2012
INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the Contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the performance
of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1
(any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage.
If Commercial General Liability Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this project/location or the general aggregate
limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the Entity. At the
option of the Entity, either: the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the Entity, its officers, officials, employees and volunteers; or the Contractor shal!
provide a financial guarantee satisfactory to the Entity guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the
following provisions:
1 The Entity, its officers, officials, employees and volunteers are to be covered as insureds with
respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the
Contractor; and with respect to liability arising out of work or operations performed by or on behalf
of the Contractor including materials, parts or equipment furnished in connection with such work or
operations. General liability coverage can be provided in the form of an endorsement to the
Contractor's insurance, or as a separate owner's policy.
2. For any claims related to this project, the Contractor's insurance coverage shall be primary
insurance as respects the Entity, its officers, officials, employees and volunteers. Any insurance or
self-insurance maintained by the Entity, its officers, officials, employees or volunteers shall be
excess of the Contractor's insurance and shall not contribute with it.
3. Each insurance policy required by the clause shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days prior to written notice by certified mail, return
receipt requested, has been given to the Entity.
Acceptability for Insurers
Insurance is to be placed with insurers with a current AM. Best's rating of no less than A:VII.
Verification of Coverage
Contractor shall furnish the Entity with original certificates and amendatory endorsements effecting
coverage required by this clause. The endorsements should be on forms provided by the Entity or on
other than the Entity's forms, provided those forms or policies are approved by the Entity and amended
to conform to the Entity's requirements. All certificates and endorsements are to be received and
approved by the Entity before work commences. The Entity reserves the right to require complete,
certified copies of all required insurance policies, including endorsements effecting the coverage
required by these specifications at any time.
Construction Contract
ADA Park Improvement Projects for Circle and Fred & Leila Holmes Park
November 7, 2012
Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject
to all of the requirements stated herein.
Revised 2/95
Construction Contract
ADA Park Improvement Projects for Circle and Fred & Leila Holmes Park
November 7,2012
SUBMIT IN DUPLICATE
ENDORSEMENT I ISSUE DATE:
NO:
GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR CITY OF WEST SACRAMENTO (the "Entity"
PRODUCER
POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from)
LOSS ADJUSTMENT
in Limits
(to)
EXPENSE~
Included
In Addition to
Limits
~ Deductible ~ Self-Insured Retention (check
which) of $
with an Aggregate of $
applies to
Telephone
coverage.
o
Per Occurrence
Per Claim
NAMED INSURED
APPLICABILITY. This insurance pertains to the
operations and/or tenancy of the named insured
under all written agreements and permits in force
with the Entity unless checked here
in which
case only the following specific agreements and
permits with the Entity are covered:
ENTITY AGREEMENTS/PERMITS:
TYPE OF iNSURANCE
OTHER PROViSIONS
~ COMMERCIAL GENERAL LIABILITY ~ Claims Made
COMPREHENSIVE GENERAL LIABILITY
RetroactiveDate
C OWNERS & CONTRACTORS PROTECTIVE
Occurrence
COVERAGES
LIABILITY LIMIT IN
CLAIMS: Underwriter's
THOUSANDS
representative for
EACH OCCURRENCE
claims pursuant to this
AGGREGATE
insurance
,
GENERAL
Name:
PRODUCTS COMPLETED
OPERATIONS
PERSONAL & ADVERTISING
Address
INJURY
FIRE DAMAGE
--
o
o
_J
Telephone
(
)
Construction Contract
ADA Park Improvement Projects for Circle and Fred & Leila Holmes Park
November 7,2012
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to
which this endorsement is attached or any endorsement now or hereafter attached thereto, it is agreed as
follows:
1.
INSURED. The Entity, its elected or appointed officers, agents, volunteers and employees are
included as additional insured with regard to liability and defense of suits arising from the
operations, products and activities performed by or on behalf of the named insured.
2.
CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured for or
on behalf of the Entity; or (b) products sold by the Named Insured to the Entity; or (c) premises
leased by the Named Insured from the Entity, the insurance afforded by this policy shall be primary
insurance as respects the Entity, its elected or appointed officers, officials, employees or
volunteers; or stand in an unbroken chain of coverage excess of the Named Insured's scheduled
underlying primary coverage. In either event, any other insurance maintained by the Entity, its
elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance
and shall not contribute with it.
3.
SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom
claim is made or suit is brought except with respect to the company's limits of liability. The inclusion
of any person or organization as an insured shall not affect any right which such person or
organization would have as a claimant if not so included.
4.
CANCELLATION NOTICE. With respect to the interests of the Entity, this insurance shall not be
canceled, or materially reduced in coverage or limits excepts after thirty (30) days prior written
notice by receipted delivery has been given to the Entity.
5.
PROVISIONS REGARDING THE INSURED'S DUTIES. Any failure to comply with reporting
provisions of the policy or breaches or violations of warranties shall not affect coverage provided to
the Entity, its elected or appointed officers, officials employees or volunteers.
6.
SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
(1)
Insurance Services Office Commercial General Liability Coverage, "occurrence" form CG
0001; or
If excess, affords coverage which is at least as broad as the primary insurance form CG
(2)
0001.
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits conditions,
aqreements or exclusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
ENTITY
AUTHORIZED REPRESENTATIVE
Broker/Agent
Underwriter
_ (prinUtype name), warrant that I have authority to
bind the above-mentioned insurance company and
by my signature hereon do so bind this company to
this endorsement.
Signature
Telephone: (
(original signature required)
)
Date Signed
Construction Contract
ADA Park Improvement Projects for Circle and Fred & Leila Holmes Park
November 7,2012
SUBMIT IN DUPLICATE
ENDORSEMENT NO:
ISSUE
DATE:
AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR CITY OF WEST SACRAMENTO (the "Entity"
POLICY INFORMATION:
PRODUCER
Insurance Company:
Policy No.:
Policy Period: (from)
(to)
LOSS ADJUSTMENT EXPENSEC
Included
in Limits
In Addition to
Limits
~ Deductible U Self-Insured Retention (check
which) of $
Telephone
with an Aggregate of $
applies to
!
Per Occurrence
Per Claim
APPLICABILITY. This insurance pertains to the
operations and/or tenancy of the named insured
under all written agreements and permits in force
with the Entity unless checked here
in which
case only the following specific agreements and
permits with the Entity are covered:
ENTITY AGREEMENTS/PERMITS:
OTHER PROVISIONS
coverage. [J
NAMED INSURED
TYPE OF INSURANCE
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
[J OTHER
LIMIT OF LIABILITY
~
~
CLAIMS: Underwriter's representative for
pursuant to this insurance
Name:
$
Address:
per accident, for bodily injury and
property damage
Telephone
(-)
claims
Construction Contract
ADA Park Improvement Projects for Circle and Fred & Leila Holmes Park
November 7,2012
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to
which this endorsement is attached or any endorsement now or hereafter attached thereto, it is agreed as
follows:
1.
INSURED. The Entity, its elected or appointed officers, agents, volunteers and employees are
included as additional insured with regard to liability and defense of suits arising from the
operations, products and activities performed by or on behalf of the named insured.
CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured for or
2.
on behalf of the Entity; or (b) products sold by the Named Insured to the Entity; or (c) premises
leased by the Named Insured from the Entity, the insurance afforded by this policy shall be primary
insurance as respects the Entity, its elected or appointed officers, officials, employees or
volunteers; or stand in an unbroken chain of coverage excess of the Named Insured's scheduled
underlying primary coverage. In either event, any other insurance maintained by the Entity, its
elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance
and shall not contribute with it.
SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom
3.
claim is made or suit is brought except with respect to the company's limits of liability. The inclusion
of any person or organization as an insured shall not affect any right which such person or
organization would have as a claimant if not so included.
CANCELLATION NOTICE. With respect to the interests of the Entity, this insurance shall not be
4.
canceled, or materially reduced in coverage or limits excepts after thirty (30) days prior written
notice by receipted delivery has been given to the Entity.
PROVISIONS REGARDING THE INSURED'S DUTIES. Any failure to comply with reporting
5.
provisions of the policy or breaches or violations of warranties shall not affect coverage provided to
the Entity, its elected or appointed officers, officials employees or volunteers.
SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
6.
(1)
Insurance Services Office Commercial General Liability Coverage, "occurrence" form CG
0001; or
(2)
If excess, affords coverage which is at least as broad as the primary insurance form CG
0001.
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits conditions,
aQreements or exclusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
AUTHORIZED
ENTITY
REPRESENTATIVE
Broker/Agent --'
Underwriter
_ (print/type name), warrant that I have authority to
bind the above-mentioned insurance company and
by my signature hereon do so bind this company to
this endorsement.
Signature
Telephone: (
(original signature required)
)
Date Signed
Construction Contract
ADA Park Improvement Projects for Circle and Fred & Leila Holmes Park
November 7,2012
WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY
SPECIAL ENDORSEMENT
FOR CITY OF WEST SACRAMENTO (the "Entity")
PRODUCER
SUBMIT IN DUPLICATE
ENDORSEMENT
ISSUE DATE:
NO:
POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from)
Telephone
NAMED INSURED
CLAIMS: Underwriter's representative for claims
pursuant to this insurance
Name:
Address:
OTHER PROVISIONS
EMPLOYERS LIABILITY LIMITS
$
$
(Each Accident)
(Disease -Policy
Limit)
(Disease - Each
$
!
I
(to)
Iployee)
~Iephol
)
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to
which this endorsement is attached or any endorsement now or hereafter attached thereto, it is agreed as
follows:
CANCELLATION NOTICE. This insurance shall not be canceled, or materially reduced in
1.
coverage or limits except after thirty (30) days prior written notice by receipted delivery has been
given to the Entity.
WAIVER OF SUBROGATION. The Insurance Company agrees to waive all rights of subrogation
2.
against the Entity, its elected or appointed officials, agents and employees for losses paid under
the terms of this policy which arise from the work performed by the Named Insured for the Entity.
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits conditions,
agreements or exclusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
ENTITY
AUTHORIZED
REPRESENTATIVE
Broker/Agent
Underwriter
I
(print/type name),
warrant that I have authority to bind the abovementioned insurance company and by my signature
hereon do so bind this company to this endorsement.
Signature
(original signature required)
Telephone: (
)
Date Signed
Construction Contract
ADA Park Improvement Projects for Circle and Fred & Leila Holmes Park
November 7,2012
ISSUE DATE (MM/DDIYY)
CERTIFICATE OF INSURANCE
FOR THE CITY OF WEST SACRAMENTO, CALIFORNIA (the
"Entity")
PRODUCER
INSURED
THIS CERTIFICATE OF INSURANCE IS NOT AN
INSURANCE POLICY AND DOES NOT AMEND,
EXTEND, OR AL TER THE COVERAGE AFFORDED
BY THE POLICIES BELOW.
BEST'S
RATING
COMPANIES
COMPANY A
LETTER
COMPANY
B
LETTER
COMPANY C
LETTER
COMPANY
D
LETTER
COMPANY
E
LETTER
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN
ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR
OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED TO
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS
SUBJECT TO ALL TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS
SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ALL LIMITS IN THOUSANDS
POLICY
POLICY
CO TYPE OF INSURANCE POLICY
NUMBER EFFECTIVE EXPIRATION
LET
DATE
DATE
(MM/DDIYY) (MMIDDIYY)
GENERAL
GENERAL LIABILITY
$
AGGREGATE
PRODUCTS$
[ ] COMMERCIAL
COMP/OPS
GENERAL LIABILITY
AGGREGATE
PERSONAL &
[
$
[ 1CLAIMS MADE
ADVERTISING
] OCCUR
INJURY
EACH OCCURRENCE $
[ ] OWNER'S &
CONTRACTOR'S
PROT.
FIRF IJAMAGF (;::)nv $
[ 1 OTHER
one fire)
-
~UTOMOBILE
LIABILITY
[ ] ANY AUTO
[ ] ALL OWNED
AUTOS
[ 1 SCHEDULED
AUTOS
--
--
-
... - ... _ -
'-"'J
MEDICAL EXPENSE $
(Anv on person)
COMBINED
SINGLE LIMIT
$
BODILY INJURY
(PER PERSON)
$
Construction Contract
ADA Park Improvement Projects for Circle and Fred & Leila Holmes Park
November 7,2012
[ 1 HIRED AUTOS
[ ] NON-OWNED
AUTOS
[ ] GARAGE
LIABILITY
EXCESS LIABILITY
[ ] UMBRELLA
[ ] OTHER THAN
UMBRELLA FORM
[ ] WORKERS'
COMPENSATION
AND
EMPLOYER'S
LIABILITY
BODILY INJURY
(PER ACCIDENT)
$
PROPERTY DAMAGE
EACH OCCURRENCE $
AGGREGATE
$
I
STATUTORY
EACH ACCIDENT
DISEASE - POLICY
LIMIT
DISEASE - EACH
EMPLOYEE
$
$
$
$
PROPERTY
AMOUNT OF
$
INSURANCE
INSURANCE
[ ] COURSE OF
CONSTRUCTION
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS
THE FOLLOWING PROVISIONS APPLY:
1. None of the above-described policies will be canceled until 30 days' "."..ritten notice has
been given to the Entity at the address indicated below.
2. The Entity, its officials, officers, employees and volunteers are added as insured on all
liability insurance policies listed above.
3. It is agreed that any insurance or self-insurance maintained by the Entity will apply in
excess of and not contribute with, the insurance described above.
4. The Entity is named as loss payee on the property insurance policies described above, if
any.
5. All rights of subrogation under the property insurance policy listed above have been
waived against the Entity.
6. The workers' compensation insurer named above, if any, agrees to waive all rights of
subrogation against the Entity for injuries to employees of the insured resulting from
work for the Entity or use of the Entity's premises or facilities.
AUTHORIZED REPRESENTATIVE
CERTIFICATE HOLDER/ADDITIONAL
INSURED
SIGNATURE
(ENTITY)
TITLE
PHONE NO.
Construction Contract
ADA Park Improvement Projects for Circle and Fred & Leila Holmes Park
November 7,2012
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
OWNERS, LESSEES OR CONTRACTORS (FORM 8)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Organization
(If no entry appears above, the information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization
shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for
you,
Modifications to ISO form CG 20 10 11 85:
1. The insured scheduled above includes the Insured's officers, officials, employees and volunteers.
2. This insurance shall be primary as respects the insured shown in the schedule above, or if excess,
shall stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying
primary coverage. In either event, any other insurance maintained by the Insured scheduled above
shall be in excess of this insurance and shall not be called upon to contribute with it.
3. The insurance afforded by this policy shall not be canceled except after thirty days prior written
notice by certified mail, return receipt requested, has been given to the Entity.
Signature-Authorized Representative
Address
ATTACHMENT 2
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CITY OF WEST SACRAMENTO
AGENDA REPORT
MEETING DATE: November ih, 2012
ITEM # 8
SUBJECT:
CONSIDERATION OF APPROVAL OF MASTER AGREEMENTS FOR
ON-CALL FEDERAL AND STATE LABOR STANDARDS COMPLIANCE SERVICES
INITIATED OR REQUESTED BY:
[]
[]
Commission
Other
[X]
Staff
REPORT COORDINATED OR PREPARED BY:
AE. "Drew" Gidlof III, Construction Operations Manager
Erin Rivas, Construction Administration Specialist
William T. Panos, Director of Public Works
ATTACHMENT [X] Yes
[] No
[ ] Information
[ ] Direction
[Xl Action
OBJECTIVE
The purpose of this report is to obtain council approval to enter into Master Agreements and establish an oncall list for Federal and State Labor Standards Compliance Services.
RECOMMENDED ACTION
It is respectfully recommended that City Council approve Master Agreements for Federal and State Labor
Standards Compliance Services with Metro Compliance Services and Sylvir Consulting, Inc.
BACKGROUND
The city periodically relies on consultant services to provide Federal and State Labor Standards Compliance
Services when City staff are unavailable or do not have the specific expertise that is required. Over the past
four years, staff has used labor compliance services through our on-call Construction Management and
Inspection Services program to support various capital improvement projects. Examples of such projects
included West Capitol Avenue Phase I Streetscape; road rehabilitation and improvements; sewer/water
storage and transmission system improvements; Tower Bridge Gateway and Bridge District Phase I
infrastructure projects; and most recently for the Bridge District Water Storage Tank and Park project.
The previous two year on-call list for Federal and State Labor Standards Compliance Services was established
by council action and expired approximately two years ago. Contracting for on-call services reduces staff time
by avoiding repeated solicitations of qualifications and review of proposals. Cost savings are derived from
benefits associated with the economies of scale and with the significant time savings.
ANALYSIS
Staff issued a request for Statements of Qualifications from professional service firms to provide on-call
Federal and State Labor Standards Compliance Services on August 1, 2012. A review of local business
licenses indicated there are no firms operating in West Sacramento that specialize in this service. The RFQ
was advertised through the local Chamber of Commerce and notifications were made to other businesses that
are under contract with the city in an attempt to solicit local participation. Of the three proposals that were
received on September 4, 2012, one was found to be non-responsive and not qualified for the intended scope
of work as outlined in the RFQ.
After careful consideration of each of the firm's qualifications, availability, expertise, size and depth of staff, and
without consideration of pricing as outlined in Government Code 4526, the remaining two firms -- Metro
Compliance Services and Sylvir Consulting Inc. - have been deemed qualified and possess the necessary
experience in the areas of Federal and State Labor Compliance services, with special emphasis on experience
with public infrastructure and building projects.
Staff recommends entering into Master Agreements (akin to professional services contracts) with these two
firms, including the fee schedule provided with each of their proposals. A firm would be selected for a specific
city project based on the qualifications of the firm and personnel, the firm's commitments to another client or
job, past work experience with the firm and personnel, current usage of the firm for other city projects,
proximity of other contracted city projects to enhance economies of scale, and consideration of the project
schedule. Individual assignments would be written as task orders and a Professional Services Contract would
be established with the selected firm for the project. Task orders would be subject to the limits in the city's
On Call Labor Compliance
November 7,2012
Page 2 of 2
Purchasing Policy; task orders greater than $50,000 would be presented to the City Council for approval and
the City Manager would execute task orders under $50,000.
Having two firms under Master Agreements expands the pool of resources, experiences, and personnel
available to staff for management of construction projects. The Master Agreements would save time in
soliciting and reviewing proposals and negotiating contracts yet still comply with the city's Purchasing Policy.
The Master Agreements specify who would be assigned to city projects; make contractual commitments on
rates and billing practices; establish an end date for the contracts and outline the task order procedures. The
contracts include standard guarantees and obligations (e.g. insurance coverage), and set the maximum
compensation over the life of the contract.
The proposed Master Agreements would be effective November 7, 2012 through November 30, 2015 and
contain two one-year options for extensions.
Alternatives
The City Council may decide to:
1. Approve the recommendation described in this report;
2. Reject all proposals and direct staff to repeat the Request for Qualifications process; or
3. Only establish a list of pre-qualified companies and not enter into Master Agreements.
Alternative 2 is not recommended. Although Alternative 3 would achieve some of the time expense savings
that are the objective of this request, they would not contractually obligate any of the firms to commit to the
personnel, compensation rates, and other terms outlined in their proposals and in the Master Agreements.
Staff recommends Alternative 1 as the best way to achieve the desired cost and time advantages of having oncall firms available.
Strategic Plan Integration
Council approval of the On-Call Federal and State Labor Standards Compliance Services contracts is
consistent with the Council's 2017 Goal for a Financially Sound City Providing Quality Services.
Budget/Cost Impact
There is no budget/cost impact to enter into Master Agreements. The contracts do not obligate the city to hire
the firms for assignments or task orders. Future costs for these services will be defined in individual task
orders, and funded by the specific capital project budget as needed. Task orders in excess of $50,000 will be
presented to the council for approval.
ATTACHMENTS
Master Agreements (2)
ATTACHMENT 1
CONTRACT FOR SERVICES
THIS CONTRACT is made on November ih, 2012, by and between the CITY OF WEST
SACRAMENTO ("City"), and Metro Compliance Services, Inc. ("Consultant").
WITNESSETH:
WHEREAS, the City desires On-Call Construction Federal and State Labor Compliance
Services;
WHEREAS, the Consultant has presented a proposal for such services to the City, dated
September 24th, 2012, (attached hereto and incorporated herein as Exhibit "A") and is duly
licensed, qualified and experienced to perform those services;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1.
SCOPE OF SERVICES:
A.
Consultant shall do all work, attend all meetings, produce all reports and carry
out all activities necessary to completion of the services described in Exhibit "A". This
Contract and its exhibits shall be known as the "Contract Documents." Terms set forth in any
Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth
in full therein. In the event of conflict between terms contained in these Contract Documents,
the more specific term shall control. If any portion of the Contract Documents shall be in conflict
with any other portion, provisions contained in the Contract shall govern over conflicting
provisions contained in the exhibits to the Contract.
B.
Consultant enters into this Contract as an independent contractor and not as an
employee of the City. The Consultant shall have no power or authority by this Contract to bind
the City in any respect. Nothing in this Contract shall be construed to be inconsistent with this
relationship or status. All employees, agents, contractors or subcontractors hired or retained by
the Consultant are employees, agents, contractors or subcontractors of the Consultant and not
of the City. The City shall not be obligated in any way to pay any wage claims or other claims
made against Consultant by any such employees, agents, contractors or subcontractors, or any
other person resulting from performance of this Contract.
C.
The Consultant agrees it has satisfied itself by its own investigation and research
regarding the conditions affecting the work to be done and labor and materials needed, and that
its decision to execute this Contract is based on such independent investigation and research.
2.
TERM OF CONTRACT
A.
The services of Consultant are to commence upon receipt of a written Notice to
Proceed from City, and shall be undertaken and completed in accordance with the Schedule of
Performance attached to the Notice to Proceed, which Schedule of Performance shall
thereupon be attached hereto and incorporated herein by this reference as part of Exhibit "A."
506274.1
Contract for Services - Federal and State labor Compliance Services
Metro Compliance Services
November ih, 2012
B.
Consultant's failure to complete work in accordance with the Schedule of
Performance may result in delayed compensation as described in Section 3.
C.
The City Manager or his or her designee may, by written instrument signed by
the Parties, extend the duration of this Contract for a period of two one (1) year extensions in
the manner provided in Section 5, provided that the extension does not require the payment of
compensation in excess of the maximum compensation set forth in Section 3, Compensation.
3.
COMPENSATION:
A.
The Consultant shall be paid monthly for the actual fees, costs and expenses for
all time and materials required and expended, based on the fee proposal provided by the
Consultant as part of Exhibit "A", but in no event shall total compensation exceed the amount
set forth in the Notice to Proceed without City's prior written approval.
B.
Said amount shall be paid upon submittal of a monthly invoice. Consultant shall
furnish City with invoices for all expenses as well as for all materials authorized by this Contract.
The invoices shall be submitted with the monthly billings. If Consultant's performance is not in
conformity with the Schedule of Performance, payments may be delayed or denied, unless the
Consultant's failure to perform in conformity with the Schedule of Performance is a documented
result of the City's failure to conform with the Schedule of Performance, or if the Schedule of
Performance is extended pursuant to Section 5.
C.
If the work is halted at the request of the City, compensation shall be based upon
the proportion that the work performed bears to the total work required by this Contract, subject
to Section 4.
4.
TERMINATION:
A.
This Contract may be terminated by either party, provided that the other party is
given not less than thirty (30) calendar days' written notice (delivered by certified mail, return
receipt requested) of intent to terminate.
B.
The City may temporarily suspend this Contract, at no additional cost to City,
provided that the Consultant is given written notice (delivered by certified mail, return receipt
requested) of temporary suspension. If City gives such notice of temporary suspension,
Consultant shall immediately suspend its activities under this Contract.
C.
Notwithstanding any provisions of this Contract, Consultant shall not be relieved
of liability to the City for damages sustained by the City by virtue of any breach of this Contract
by Consultant, and the City may withhold any payments due to Consultant until such time as the
exact amount of damages, if any, due the City from Consultant is determined.
D.
In the event of termination, the Consultant shall be compensated as provided for
in this Contract, except as provided in Section 4C. Upon termination, the City shall be entitled
to all work, including but not limited to, appraisals, inventories, studies, analyses, drawings and
data estimates performed to that date in accordance with Section 7 hereof.
5.
AMENDMENTS, CHANGES OR MODIFICATIONS:
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Contract for Services - Federal and State labor Compliance Services
Metro Compliance Services
November ih, 2012
Amendments, changes or modifications in the terms of this Contract may be made at
any time by mutual written agreement between the parties hereto and shall be signed by the
persons authorized to bind the parties hereto.
6.
EXTENSIONS OF TIME:
Consultant may, for good cause, request extensions of time to perform the services
required hereunder. Such extensions shall be authorized in advance by the City in writing and
shall be incorporated in written amendments to this Contract or the attached Work Program in
the manner provided in Section 5.
7.
PROPERTY OF CITY:
A.
It is mutually agreed that all materials prepared by the Consultant under this
Contract shall become the property of the City, and the Consultant shall have no property right
therein whatsoever. Immediately upon termination, the City shall be entitled to, and the
Consultant shall deliver to the City, all data, drawings, specifications, reports, estimates,
summaries and other such materials as may have been prepared or accumulated to date by the
Consultant in performing this Contract which is not Consultant's privileged information, as
defined by law, or Consultant's personnel information, along with all other property belonging
exclusively to the City which is in the Consultant's possession.
B.
Additionally, it is agreed that the parties intend this to be a contract for services
and each considers the products and results of the services to be rendered by Consultant
hereunder (the "Work") to be a work made for hire. Consultant acknowledges and agrees that
the Work (and all rights therein, including, without limitation, copyright) belongs to and shall be
the sole and exclusive property of the City.
8.
COMPLIANCE WITH LOCAL LAW:
Consultant shall comply with all applicable laws, ordinances, and codes of federal, State
and local governments, and shall commit no trespass on any public or private property in
performing any of the work authorized by this Contract. It shall be City's responsibility to obtain
all rights of way and easements to enable Consultant to perform its services hereunder.
Consultant shall assist City in providing the same.
9.
WARRANTIES AND RESPONSIBILITIES - CONSULTANT:
A.
Consultant agrees and represents that it is qualified to properly provide the
services set forth in Exhibit "A" in a manner which is consistent with the generally accepted
standards of Consultant's profession.
B.
Consultant agrees and represents that the work performed under this Contract
shall be in accordance with applicable federal, State and local law in accordance with Section
17A hereof.
C.
Consultant shall designate a project manager who at all times shall represent the
Consultant before the City on all matters relating to this Contract. The project manager shall
continue in such capacity unless and until he or she is removed at the request of the City, is no
3
Contract for Services - Federal and State labor Compliance Services
Metro Compliance Services
November ih, 2012
longer employed by Consultant, or is replaced with the written approval of the City, which
approval shall not be unreasonably withheld.
D.
Consultant shall provide corrective services without charge to the City for
services which fail to meet the above professional and legal standards and which are reported
to Consultant in writing within sixty (60) days of discovery. Should Consultant fail or refuse to
perform promptly its obligations, the City may render or undertake performance thereof and the
Consultant shall be liable for any expenses thereby incurred.
10.
SUBCONTRACTING:
None of the services covered by this Contract shall be subcontracted without the prior
written consent of the City, which will not be unreasonably withheld. Consultant shall be as fully
responsible to the City for the negligent acts and omissions of its contractors and
subcontractors, and of persons either directly or indirectly employed by them, as it is for the
negligent acts and omissions of persons directly employed by Consultant.
11.
ASSIGNABILITY:
Consultant shall not assign or transfer any interest in this Contract whether by
assignment or novation, without the prior written consent of the City which will not be
unreasonably withheld. However, claims for money due or to become due Consultant from the
City under this Contract may be assigned to a financial institution, or to a trustee in bankruptcy,
without such approval. Notice of any assignment or transfer whether voluntary or involuntary
shall be furnished promptly to the City.
12.
INTEREST IN CONTRACT:
Consultant covenants that neither it, nor any of its employees, agents, contractors,
subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the
subject of the Contract, nor any other interest which would conflict in any manner or degree with
the performance of its services hereunder. Consultant shall make all disclosures required by
the City's conflict of interest code in accordance with the category designated by the City,
unless the City Manager determines in writing that Consultant's duties are more limited in scope
than is warranted by the category designated by the City code and that a narrower disclosure
category should apply. Consultant also agrees to make disclosure in compliance with the City
conflict of interest code if, at any time after the execution of this Contract, City determines and
notifies Consultant in writing that Consultant's duties under this Contract warrant greater
disclosure by Consultant than was originally contemplated. Consultant shall make disclosures
in the time, place and manner set forth in the conflict of interest code and as directed by the
City.
13.
MATERIALS CONFIDENTIAL:
All of the materials prepared or assembled by Consultant pursuant to performance of
this Contract are confidential and Consultant agrees that they shall not be made available to any
individual or organization without the prior written approval of the City, except by court order.
14.
LIABILITY OF CONSULTANT-NEGLIGENCE:
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Contract for Services - Federal and State labor Compliance Services
Metro Compliance Services
November ih, 2012
Consultant shall be responsible for performing the work under this Contract in a manner
which is consistent with the generally-accepted standards of the Consultant's profession and
shall be liable for its own negligence and the negligent acts of its employees, agents,
contractors and subcontractors. The City shall have no right of control over the manner in which
the work is to be done but only as to its outcome, and shall not be charged with the
responsibility of preventing risk to Consultant or its employees, agents, contractors or
subcontractors.
15.
INDEMNITY AND LITIGATION COSTS:
Consultant shall indemnify, defend, and hold harmless the City, its officers, officials,
agents, and employees and volunteers from and against any and all claims, damages,
demands, liability, costs, losses and expenses, including without limitation court costs and
reasonable attorneys' fees, arising in any manner by reason of negligent acts or negligent
failure to act, errors, omissions or willful misconduct incident to the performance of this Contract
on the part of Consultant except such loss or damage which was caused by the sole
negligence, or willful misconduct of the City. The provisions of this paragraph shall survive
termination or suspension of this Contract.
16.
CONSULTANT TO PROVIDE INSURANCE:
A.
Consultant shall not commence any work before obtaining, and shall maintain in
force at all times during the duration and performance of this Contract the policies of insurance
specified in this Section. Such insurance must have the approval of the City as to limit, form,
and amount, and shall be placed with insurers with a current A.M. Best's rating of no less than
AVII (or, in the case of Worker'S Compensation insurance, with the State Compensation
Insurance Fund of California).
B.
Prior to execution of this Contract and prior to commencement of any work, the
Consultant shall furnish the City with original endorsements effecting coverage for all policies
required by the Contract. The endorsements shall be signed by a person authorized by the
insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the
City. As an alternative to the City's forms, the Consultant's insurer may, subject to the approval
of the City, provide complete, certified copies of all required insurance policies, including
endorsements affecting the coverage required by this Section. The ConSUltant agrees to furnish
one copy of each required policy to the City, and additional copies as requested in writing,
certified by an authorized representative of the insurer. Approval of the insurance by the City
shall not relieve or decrease any liability of Consultant.
C.
In the case of the professional liability insurance required by this Section, the
Consultant's insurer must provide a complete, certified copy of the policy.
D.
In addition to any other remedy the City may have, if Consultant fails to maintain
the insurance coverage as required in this Section, the City may obtain such insurance
coverage as is not being maintained, in form and amount substantially the same as is required
herein, and the City may deduct the cost of such insurance from any amounts due or which may
become due Consultant under this Contract.
E.
Each insurance policy required by this Contract shall be endorsed to state that
coverage shall not be suspended, voided, canceled, terminated by either party, or reduced in
5
Contract for Services - Federal and State labor Compliance Services
Metro Compliance Services
November ih, 2012
coverage or in limits except after thirty (30) days' prior written notice by certified mail, return
receipt requested, has been given to the City.
F.
Any deductibles, aggregate limits, pending claims or lawsuits which may diminish
the aggregate limits, or self-insured retentions, must be declared to, and approved by, the City.
G.
Aggregate Limits/Impairment
If any of the above-required insurance coverages contain annual aggregate
limits, you must give the City notice of any pending claim or lawsuit which may diminish the
aggregate. You must take steps to restore the impaired aggregates or provide replacement
insurance protection. The City has the option to specify the minimum acceptable aggregate
limit for each line of coverage required. No substantial reductions in scope of coverage which
may affect City's protection are allowed without City's prior written consent.
H.
The requirement as to types, limits, and the City's approval of insurance
coverage to be maintained by Consultant are not intended to, and shall not in any manner, limit
or qualify the liabilities and obligations assumed by Consultant under the Contract.
I.
The Consultant and its contractors and subcontractors shall, at their expense,
maintain in effect at all times during the performance of work under the Contract not less than
the following coverage and limits of insurance, which shall be maintained with insurers and
under forms of policy satisfactory to the City. The maintenance by Consultant and its
contractors and subcontractors of the following coverage and limits of insurance is a material
element of this Contract. The failure of Consultant or of any of its contractors or subcontractors
to maintain or renew coverage or to provide evidence of renewal may be treated by the City as
a material breach of this Contract.
J.
Worker's Compensation and Employer's Liability Insurance.
1.
Worker's Compensation - Insurance to protect the Consultant, its
contractors and subcontractors from all claims under Worker's Compensation and Employer's
Liability Acts, including Longshoremen's and Harbor Worker's Act ("Acts"), if applicable. Such
coverage shall be maintained, in type and amount, in strict compliance with all applicable state
and Federal statutes and regulations. The Consultant shall execute a certificate in compliance
with Labor Code Section 1861, on the form provided in the Contract Documents.
2.
The insurer shall agree to waive all rights of subrogation against the City
for losses arising from work performed by the Consultant.
K.
Comprehensive General and Automobile Liability Insurance.
The insurance shall include, but shall not be limited to, protection against claims
arising from death, bodily or personal injury, or damage to property resulting from actions,
failures to act, or operations of the insured, or by its employees or agents, or by anyone directly
or indirectly employed by the insured. The amount of insurance coverage shall not be less than
[$1,000,000.00] per occurrence.
The comprehensive general liability insurance and the automobile liability
insurance coverages shall also include, or be endorsed to include, the following:
6
Contract for Services - Federal and State labor Compliance Services
Metro Compliance Services
November ih, 2012
1.
Provision or endorsement naming the City and each of its officers,
employees, and agents, as additional insureds in regards to: liability arising out of the
performance of any work under the Contract; liability arising out of activities performed
by or on behalf of the Consultant; premises owned, occupied or used by the Consultant;
or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall
contain no special limitations on the scope of protection afforded to the City, its officers,
officials, employees or volunteers.
2.
Provision or endorsement stating that for any claims related to this
project, the Consultant's insurance coverage shall be primary insurance as respects the
City, its officers, officials, employees and volunteers to the extent the City is an
additional insured. Any insurance or self insurance maintained by the City, its officers,
officials, employees or volunteers shall be in excess of the Consultant's insurance and
shall not contribute with it, to the payment or satisfaction of any defense expenses, loss,
or judgement.
3.
Provision or endorsement stating that any failure to comply with reporting
or other provisions of the policies including breaches of representations shall not affect
coverage provided to the City, its officers, officials, employees, or volunteers.
4.
Provision or endorsement stating that the Consultant's insurance shall
apply separately to each insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
5.
Provision or endorsement stating that such insurance, subject to all of its
other terms and conditions, applies to the liability assumed by the Consultant under the
Contract, including, without limitation, that set forth in Section 15, Indemnity and
Litigation Costs.
17.
MISCELLANEOUS PROVISIONS:
A.
Consultant shall keep itself fully informed of, shall observe and comply with, and
shall cause any and all persons, firms or corporations employed by it or under its control to
observe and comply with, applicable federal, state, county and municipal laws, ordinances,
regulations, orders and decrees which in any manner affect those engaged or employed on the
work described by this Contract or the materials used or which in any way affect the conduct of
the work.
B.
Consultant shall not engage in unlawful employment discrimination. Such
unlawful employment discrimination includes, but is not limited to, employment discrimination
based upon a person's race, religious creed, color, national origin, ancestry, physical handicap,
medical condition, marital status, gender, citizenship, or sexual orientation.
C.
Consultant shall maintain and make available for inspection by the City and its
auditors accurate records of all of its costs, disbursements and receipts with respect to any work
under this Contract. Such inspections may be made during regular office hours at any time until
six (6) months after the final payments under this Contract are made to the Consultant.
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Contract for Services - Federal and State labor Compliance Services
Metro Compliance Services
November ih, 2012
D.
This Contract constitutes the entire agreement between the parties relative to the
services specified herein and no modification hereof shall be effective unless and until such
modification is evidenced by a writing signed by both parties to this Contract. There are no
understandings, agreements, conditions, representations, warranties or promises, with respect
to this Contract, except those contained in or referred to in the writing.
E.
All notices that are required to be given by one party to the other under this
Contract shall be in writing and shall be deemed to have been given if delivered personally or
enclosed in a properly addressed envelope and deposited in a United States Post Office for
delivery by registered or certified mail addressed to the parties at the following addresses:
City:
City of West Sacramento
Public Works - Construction Management & Inspection
Services
1110 West Capitol Avenue
West Sacramento, CA 95691
Consultant:
F.
California.
Metro Compliance Consulting
3525 Hyland Avenue, Suite 260
Costa Mesa, CA 92626
This Contract shall be interpreted and governed by the laws of the State of
G.
Any action arising out of this Contract shall be brought in Yolo county
California, regardless of where else venue may lie.
H.
In any action brought by either party to enforce the terms of this Contract, each
party shall be bear responsibility for its attorney's fees and all costs regardless of whether one
party is determined to be the prevailing party.
8
Contract for Services - Federal and State labor Compliance Services
Metro Compliance Services
November yth, 2012
CITY OF WEST SACRAMENTO
By: ______________________
Christopher Cabaldon, Mayor
ATTEST:
By: ___________________
Kryss Rankin, City Clerk
APPROVED AS TO FORM:
By: ____________________
Jeffrey Mitchell, City Attorney
CONSULTANT
By: _____________________
Title: Edward Salcedo, Principal
9
EXHIBITS
3
EXHIBIT B
CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
[Labor Code § 1861]
I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers' compensation or to undertake self-insurance
in accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract.
CONSUL TANTS
By:
Edward Salcedo, Principal
Consultant Questionnaire
Definition of a Consultant is found in Section 18702 of Regulations of the Fair
Political Practices Commission, Title 2, division 6 of the
California Code of Regulations.
Consultants, as defined by Section 18701, are required to file an Economic Interest
Statement (Form 700) within 30 days of signing a Consultant Agreement with the City, on an
annual basis thereafter if the contract is still in place, and within 30 days of completion of the
contract.
Company Name - Metro Compliance Services
November 1, 2012
Name of Consultant - Edward Salcedo
Company address: 3525 Hyland Avenue, Suite 260, Costa Mesa, CA 92626
Phone 714-800-1795
Contracting City Dept.-- Public Works
Estimated Date of Project Completion - Three Years
A.
Will consultant make governmental decision whether to
1.
2.
3.
Approve a rate, rule, or regulation?
Yes No x
Adopt or enforce a law?
Yes No x
Issue, deny, suspend, or revoke any permit, license,
application, certificate, approval, order, or similar
authorization or entitlement? Yes No x
4.
Authorize the agency to enter into, modify, or renew a
contract provided it is the type of contract which
requires agency approval? Yes 0 No x
5.
Grant agency approval to a contract which requires
agency approval and in which the agency is a party or to
the specifications for such a contract? Yes 0 No x
6.
Grant agency approval to a plan, design, report,
study, or similar item? Yes 0 No x
7.
Adopt, or grant agency approval of, policies, standards,
or guidelines for the agency, or for any subdivision thereof?
Yes 0 No x
Contract for Services - Federal and State labor Compliance Services
Metro Compliance Services
November ih, 2012
B. Will the consultant serve in a staff capacity with the City and in
that capacity perform the same or substantially all the same
duties for the City that would otherwise be performed by an
individual holding a position specified in the City's Conflict of
Interest Code? Yes x No D
Will consultant manage public investments?
Yes D No x
A.E. "Drew" Gidlof III
November 1,2012
*If other individuals will be working on the contract, a form should be completed for each person to determine filing
obligation.
2
CONTRACT FOR SERVICES
THIS CONTRACT is made on November ih, 2012, by and between the CITY OF WEST
SACRAMENTO ("City"), and Sylvir Consulting, Inc. ("Consultant").
WITNESSETH:
WHEREAS, the City desires On-Call Construction Federal and State Labor Compliance
Services;
WHEREAS, the Consultant has presented a proposal for such services to the City, dated
September 24th, 2012, (attached hereto and incorporated herein as Exhibit "A") and is duly
licensed, qualified and experienced to perform those services;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1.
SCOPE OF SERVICES:
A.
Consultant shall do all work, attend all meetings, produce all reports and carry
out all activities necessary to completion of the services described in Exhibit "A". This
Contract and its exhibits shall be known as the "Contract Documents." Terms set forth in any
Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth
in full therein. In the event of conflict between terms contained in these Contract Documents,
the more specific term shall control. If any portion of the Contract Documents shall be in conflict
with any other portion, provisions contained in the Contract shall govern over conflicting
provisions contained in the exhibits to the Contract.
B.
Consultant enters into this Contract as an independent contractor and not as an
employee of the City. The Consultant shall have no power or authority by this Contract to bind
the City in any respect. Nothing in this Contract shall be construed to be inconsistent with this
relationship or status. All employees, agents, contractors or subcontractors hired or retained by
the Consultant are employees, agents, contractors or subcontractors of the Consultant and not
of the City. The City shall not be obligated in any way to pay any wage claims or other claims
made against Consultant by any such employees, agents, contractors or subcontractors, or any
other person resulting from performance of this Contract.
C.
The Consultant agrees it has satisfied itself by its own investigation and research
regarding the conditions affecting the work to be done and labor and materials needed, and that
its decision to execute this Contract is based on such independent investigation and research.
2.
TERM OF CONTRACT
A.
The services of Consultant are to commence upon receipt of a written Notice to
Proceed from City, and shall be undertaken and completed in accordance with the Schedule of
Performance attached to the Notice to Proceed, which Schedule of Performance shall
thereupon be attached hereto and incorporated herein by this reference as part of Exhibit "A."
506274.1
Contract for Services - Federal and State labor Compliance Services
Sylvir Consulting, Inc.
November ih, 2012
B.
Consultant's failure to complete work in accordance with the Schedule of
Performance may result in delayed compensation as described in Section 3.
C.
The City Manager or his or her designee may, by written instrument signed by
the Parties, extend the duration of this Contract for a period of two one (1) year extensions in
the manner provided in Section 5, provided that the extension does not require the payment of
compensation in excess of the maximum compensation set forth in Section 3, Compensation.
3.
COMPENSATION:
A.
The Consultant shall be paid monthly for the actual fees, costs and expenses for
all time and materials required and expended, based on the fee proposal provided by the
Consultant as part of Exhibit "A", but in no event shall total compensation exceed the amount
set forth in the Notice to Proceed without City's prior written approval.
B.
Said amount shall be paid upon submittal of a monthly invoice. Consultant shall
furnish City with invoices for all expenses as well as for all materials authorized by this Contract.
The invoices shall be submitted with the monthly billings. If Consultant's performance is not in
conformity with the Schedule of Performance, payments may be delayed or denied, unless the
Consultant's failure to perform in conformity with the Schedule of Performance is a documented
result of the City's failure to conform with the Schedule of Performance, or if the Schedule of
Performance is extended pursuant to Section 5.
C.
If the work is halted at the request of the City, compensation shall be based upon
the proportion that the work performed bears to the total work required by this Contract, subject
to Section 4.
4.
TERMINATION:
A.
This Contract may be terminated by either party, provided that the other party is
given not less than thirty (30) calendar days' written notice (delivered by certified mail, return
receipt requested) of intent to terminate.
B.
The City may temporarily suspend this Contract, at no additional cost to City,
provided that the Consultant is given written notice (delivered by certified mail, return receipt
requested) of temporary suspension. If City gives such notice of temporary suspension,
Consultant shall immediately suspend its activities under this Contract.
C.
Notwithstanding any provisions of this Contract, Consultant shall not be relieved
of liability to the City for damages sustained by the City by virtue of any breach of this Contract
by Consultant, and the City may withhold any payments due to Consultant until such time as the
exact amount of damages, if any, due the City from Consultant is determined.
D.
In the event of termination, the Consultant shall be compensated as provided for
in this Contract, except as provided in Section 4C. Upon termination, the City shall be entitled
to all work, including but not limited to, appraisals, inventories, studies, analyses, drawings and
data estimates performed to that date in accordance with Section 7 hereof.
5.
AMENDMENTS, CHANGES OR MODIFICATIONS:
2
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h
November , 2012
t
Amendments, changes or modifications in the terms of this Contract may be made at
any time by mutual written agreement between the parties hereto and shall be signed by the
persons authorized to bind the parties hereto.
6.
EXTENSIONS OF TIME:
Consultant may, for good cause, request extensions of time to perform the services
required hereunder. Such extensions shall be authorized in advance by the City in writing and
shall be incorporated in written amendments to this Contract or the attached Work Program in
the manner provided in Section 5.
7.
PROPERTY OF CITY:
A.
It is mutually agreed that all materials prepared by the Consultant under this
Contract shall become the property of the City, and the Consultant shall have no property right
therein whatsoever. Immediately upon termination, the City shall be entitled to, and the
Consultant shall deliver to the City, all data, drawings, specifications, reports, estimates,
summaries and other such materials as may have been prepared or accumulated to date by the
Consultant in performing this Contract which is not Consultant's privileged information, as
defined by law, or Consultant's personnel information, along with all other property belonging
exclusively to the City which is in the Consultant's possession.
B.
Additionally, it is agreed that the parties intend this to be a contract for services
and each considers the products and results of the services to be rendered by Consultant
hereunder (the "Work") to be a work made for hire. Consultant acknowledges and agrees that
the Work (and all rights therein, including, without limitation, copyright) belongs to and shall be
the sole and exclusive property of the City.
8.
COMPLIANCE WITH LOCAL LAW:
Consultant shall comply with all applicable laws, ordinances, and codes of federal, State
and local governments, and shall commit no trespass on any public or private property in
performing any of the work authorized by this Contract. It shall be City's responsibility to obtain
all rights of way and easements to enable Consultant to perform its services hereunder.
Consultant shall assist City in providing the same.
9.
WARRANTIES AND RESPONSIBILITIES - CONSULTANT:
A.
Consultant agrees and represents that it is qualified to properly provide the
services set forth in Exhibit "A" in a manner which is consistent with the generally accepted
standards of Consultant's profession.
B.
Consultant agrees and represents that the work performed under this Contract
shall be in accordance with applicable federal, State and local law in accordance with Section
17A hereof.
C.
Consultant shall designate a project manager who at all times shall represent the
Consultant before the City on all matters relating to this Contract. The project manager shall
continue in such capacity unless and until he or she is removed at the request of the City, is no
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Contract for Services - Federal and State labor Compliance Services
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November ih, 2012
longer employed by Consultant, or is replaced with the written approval of the City, which
approval shall not be unreasonably withheld.
D.
Consultant shall provide corrective services without charge to the City for
services which fail to meet the above professional and legal standards and which are reported
to Consultant in writing within sixty (60) days of discovery. Should Consultant fail or refuse to
perform promptly its obligations, the City may render or undertake performance thereof and the
Consultant shall be liable for any expenses thereby incurred.
10.
SUBCONTRACTING:
None of the services covered by this Contract shall be subcontracted without the prior
written consent of the City, which will not be unreasonably withheld. Consultant shall be as fully
responsible to the City for the negligent acts and omissions of its contractors and
subcontractors, and of persons either directly or indirectly employed by them, as it is for the
negligent acts and omissions of persons directly employed by Consultant.
11.
ASSIGNABILITY:
Consultant shall not assign or transfer any interest in this Contract whether by
assignment or novation, without the prior written consent of the City which will not be
unreasonably withheld. However, claims for money due or to become due Consultant from the
City under this Contract may be assigned to a financial institution, or to a trustee in bankruptcy,
without such approval Notice of any assignment or transfer whether voluntary or involuntary
shall be furnished promptly to the City.
12.
INTEREST IN CONTRACT:
Consultant covenants that neither it, nor any of its employees, agents, contractors,
subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the
subject of the Contract, nor any other interest which would conflict in any manner or degree with
the performance of its services hereunder. Consultant shall make all disclosures required by
the City's conflict of interest code in accordance with the category designated by the City,
unless the City Manager determines in writing that Consultant's duties are more limited in scope
than is warranted by the category designated by the City code and that a narrower disclosure
category should apply. Consultant also agrees to make disclosure in compliance with the City
conflict of interest code if, at any time after the execution of this Contract, City determines and
notifies Consultant in writing that Consultant's duties under this Contract warrant greater
disclosure by Consultant than was originally contemplated. Consultant shall make disclosures
in the time, place and manner set forth in the conflict of interest code and as directed by the
City.
13.
MATERIALS CONFIDENTIAL:
All of the materials prepared or assembled by Consultant pursuant to performance of
this Contract are confidential and Consultant agrees that they shall not be made available to any
individual or organization without the prior written approval of the City, except by court order.
14.
LIABILITY OF CONSULTANT-NEGLIGENCE:
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Consultant shall be responsible for performing the work under this Contract in a manner
which is consistent with the generally-accepted standards of the Consultant's profession and
shall be liable for its own negligence and the negligent acts of its employees, agents,
contractors and subcontractors. The City shall have no right of control over the manner in which
the work is to be done but only as to its outcome, and shall not be charged with the
responsibility of preventing risk to Consultant or its employees, agents, contractors or
subcontractors.
15.
INDEMNITY AND LITIGATION COSTS:
Consultant shall indemnify, defend, and hold harmless the City, its officers, officials,
agents, and employees and volunteers from and against any and all claims, damages,
demands, liability, costs, losses and expenses, including without limitation court costs and
reasonable attorneys' fees, arising in any manner by reason of negligent acts or negligent
failure to act, errors, omissions or willful misconduct incident to the performance of this Contract
on the part of Consultant except such loss or damage which was caused by the sole
negligence, or willful misconduct of the City. The provisions of this paragraph shall survive
termination or suspension of this Contract.
16.
CONSULTANT TO PROVIDE INSURANCE:
A.
Consultant shall not commence any work before obtaining, and shall maintain in
force at all times during the duration and performance of this Contract the policies of insurance
specified in this Section. Such insurance must have the approval of the City as to limit, form,
and amount, and shall be placed with insurers with a current A.M. Best's rating of no less than
AVII (or, in the case of Worker'S Compensation insurance, with the State Compensation
Insurance Fund of California).
B.
Prior to execution of this Contract and prior to commencement of any work, the
Consultant shall furnish the City with original endorsements effecting coverage for all policies
required by the Contract. The endorsements shall be signed by a person authorized by the
insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the
City. As an alternative to the City's forms, the Consultant's insurer may, subject to the approval
of the City, provide complete, certified copies of all required insurance policies, including
endorsements affecting the coverage required by this Section. The Consultant agrees to furnish
one copy of each required policy to the City, and additional copies as requested in writing,
certified by an authorized representative of the insurer. Approval of the insurance by the City
shall not relieve or decrease any liability of ConSUltant.
C.
In the case of the professional liability insurance required by this Section, the
Consultant's insurer must provide a complete, certified copy of the policy.
D.
In addition to any other remedy the City may have, if ConSUltant fails to maintain
the insurance coverage as required in this Section, the City may obtain such insurance
coverage as is not being maintained, in form and amount substantially the same as is required
herein, and the City may deduct the cost of such insurance from any amounts due or which may
become due Consultant under this Contract.
E.
Each insurance policy required by this Contract shall be endorsed to state that
coverage shall not be suspended, voided, canceled, terminated by either party, or reduced in
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Contract for Services - Federal and State labor Compliance Services
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November ih, 2012
coverage or in limits except after thirty (30) days' prior written notice by certified mail, return
receipt requested, has been given to the City.
F.
Any deductibles, aggregate limits, pending claims or lawsuits which may diminish
the aggregate limits, or self-insured retentions, must be declared to, and approved by, the City.
G.
Aggregate Limits/lmpairment
If any of the above-required insurance coverages contain annual aggregate
limits, you must give the City notice of any pending claim or lawsuit which may diminish the
aggregate. You must take steps to restore the impaired aggregates or provide replacement
insurance protection. The City has the option to specify the minimum acceptable aggregate
limit for each line of coverage required. No substantial reductions in scope of coverage which
may affect City's protection are allowed without City's prior written consent.
H.
The requirement as to types, limits, and the City's approval of insurance
coverage to be maintained by Consultant are not intended to, and shall not in any manner, limit
or qualify the liabilities and obligations assumed by Consultant under the Contract.
I.
The Consultant and its contractors and subcontractors shall, at their expense,
maintain in effect at all times during the performance of work under the Contract not less than
the following coverage and limits of insurance, which shall be maintained with insurers and
under forms of policy satisfactory to the City. The maintenance by Consultant and its
contractors and subcontractors of the following coverage and limits of insurance is a material
element of this Contract. The failure of Consultant or of any of its contractors or subcontractors
to maintain or renew coverage or to provide evidence of renewal may be treated by the City as
a material breach of this Contract.
J.
Comprehensive General and Automobile Liability Insurance.
The insurance shall include, but shall not be limited to, protection against claims
arising from death, bodily or personal injury, or damage to property resulting from actions,
failures to act, or operations of the insured, or by its employees or agents, or by anyone directly
or indirectly employed by the insured. The amount of insurance coverage shall not be less than
[$1,000,000.00] per occurrence.
The comprehensive general liability insurance and the automobile liability
insurance coverages shall also include, or be endorsed to include, the following:
1.
Provision or endorsement naming the City and each of its officers,
employees, and agents, as additional insureds in regards to: liability arising out of the
performance of any work under the Contract; liability arising out of activities performed
by or on behalf of the Consultant; premises owned, occupied or used by the Consultant;
or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall
contain no special limitations on the scope of protection afforded to the City, its officers,
officials, employees or volunteers.
2.
Provision or endorsement stating that for any claims related to this
project, the Consultant's insurance coverage shall be primary insurance as respects the
City, its officers, officials, employees and volunteers to the extent the City is an
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Contract for Services - Federal and State labor Compliance Services
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November yth, 2012
additional insured. Any insurance or self insurance maintained by the City, its officers,
officials, employees or volunteers shall be in excess of the Consultant's insurance and
shall not contribute with it, to the payment or satisfaction of any defense expenses, loss,
or judgement.
3.
Provision or endorsement stating that any failure to comply with reporting
or other provisions of the policies including breaches of representations shall not affect
coverage provided to the City, its officers, officials, employees, or volunteers.
4.
Provision or endorsement stating that the Consultant's insurance shall
apply separately to each insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
5.
Provision or endorsement stating that such insurance, subject to all of its
other terms and conditions, applies to the liability assumed by the Consultant under the
Contract, including, without limitation, that set forth in Section 15, Indemnity and
Litigation Costs.
17.
MISCELLANEOUS PROVISIONS:
A.
Consultant shall keep itself fully informed of, shall observe and comply with, and
shall cause any and all persons, firms or corporations employed by it or under its control to
observe and comply with, applicable federal, state, county and municipal laws, ordinances,
regulations, orders and decrees which in any manner affect those engaged or employed on the
work described by this Contract or the materials used or which in any way affect the conduct of
the work.
B.
Consultant shall not engage in unlawful employment discrimination. Such
unlawful employment discrimination includes, but is not limited to, employment discrimination
based upon a person's race, religious creed, color, national origin, ancestry, physical handicap,
medical condition, marital status, gender, citizenship, or sexual orientation.
C.
Consultant shall maintain and make available for inspection by the City and its
auditors accurate records of all of its costs, disbursements and receipts with respect to any work
under this Contract. Such inspections may be made during regular office hours at any time until
six (6) months after the final payments under this Contract are made to the Consultant.
D.
This Contract constitutes the entire agreement between the parties relative to the
services specified herein and no modification hereof shall be effective unless and until such
modification is evidenced by a writing signed by both parties to this Contract. There are no
understandings, agreements, conditions, representations, warranties or promises, with respect
to this Contract, except those contained in or referred to in the writing.
All notices that are required to be given by one party to the other under this
Contract shall be in writing and shall be deemed to have been given if delivered personally or
enclosed in a properly addressed envelope and deposited in a United States Post Office for
delivery by registered or certified mail addressed to the parties at the following addresses:
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Contract for Services - Federal and State labor Compliance Services
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November ih, 2012
City:
City of West Sacramento
Public Works - Construction Management & Inspection
Services
1110 West Capitol Avenue
West Sacramento, CA 95691
Consultant:
F.
California.
Sylvir Consulting, Inc.
5235 Fawn Crossing Way
Antelope, CA 95843
This Contract shall be interpreted and governed by the laws of the State of
G.
Any action arising out of this Contract shall be brought in Yolo county
California, regardless of where else venue may lie.
H.
In any action brought by either party to enforce the terms of this Contract, each
party shall be bear responsibility for its attorney's fees and all costs regardless of whether one
party is determined to be the prevailing party.
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November ih, 2012
CITY OF WEST SACRAMENTO
By: ______________________
Christopher Cabaldon, Mayor
ATTEST:
By: ___________________
Kryss Rankin, City Clerk
APPROVED AS TO FORM:
By: ___________________
Jeffrey Mitchell, City Attorney
CONSULTANT
By: __________________
Title: Sheri L. Lasik, President
9
EXHIBITS
2
Consultant Questionnaire
Definition of a Consultant is found in Section 18702 of Regulations of the Fair
Political Practices Commission, Title 2, division 6 of the
California Code of Regulations.
Consultants, as defined by Section 18701, are required to file an Economic Interest
Statement (Form 700) within 30 days of signing a Consultant Agreement with the City, on an
annual basis thereafter if the contract is still in place, and within 30 days of completion of the
contract.
Company Name - Sylvir Consulting Inc.
November 1, 2012
Name of Consultant - Sheri L. Lasik
Company address: 5235 Fawn Crossing Way, Antelope Way, CA 95843
Phone 916-560-9636
Contracting City Dept.-- Public Works
Estimated Date of Project Completion - Three Years
A.
Will consultant make governmental decision whether to
1.
2.
3.
Approve a rate, rule, or regulation?
Yes No x
Adopt or enforce a law?
Yes No x
Issue, deny, suspend, or revoke any permit, license,
application, certificate, approval, order, or similar
authorization or entitlement? Yes No x
4.
Authorize the agency to enter into, modify, or renew a
contract provided it is the type of contract which
requires agency approval? Yes 0 No x
5.
Grant agency approval to a contract which requires
agency approval and in which the agency is a party or to
the specifications for such a contract? Yes 0 No x
6.
Grant agency approval to a plan, design, report,
study, or similar item? Yes 0 No x
7.
Adopt, or grant agency approval of, policies, standards,
or guidelines for the agency, or for any subdivision thereof?
Yes 0 No x
Contract for Services - Federal and State labor Compliance Services
Sylvir Consulting, Inc.
November ih, 2012
B. Will the consultant serve in a staff capacity with the City and in
that capacity perform the same or substantially all the same
duties for the City that would otherwise be performed by an
individual holding a position specified in the City's Conflict of
Interest Code? Yes x No 0
Will consultant manage public investments?
Yes 0 No x
A.E. "Drew" Gidlof III
November 1, 2012
*If other individuals will be working on the contract, a form should be completed for each person to determine filing
obligation.
2
CITY OF WEST SACRAMENTO
AGENDA REPORT
MEETING DATE: November 7,2012
ITEM #
SUBJECT:
CONSIDERATION OF RESOLUTION 12-48 APPROVING THE
TRANSPORTATION DEVELOPMENT ACT CLAIM FOR FISCAL YEAR 2012/13
INITIATED OR REQUESTED BY:
[] Council
REPORT COORDINATED OR PREPARED BY:
Josette Reina, Public Works Administrative
Manager
[X] Staff
[] Other
ATTACHMENT
No
INFORMATION
~--------------~~~--~~------~~----------~
[ ] DIRECTION
[X] ACTION
OBJECTIVE
The purpose of this report is to seek approval for the submittal of the 2012/13 Transportation Development Act
Claim to the Sacramento Area Council of Governments (SACOG) to obtain money for the purpose of public
transportation.
RECOMMENDED ACTION
It is respectfully recommended that the City Council approve Resolution 12-48, requesting SACOG to approve
the Transportation Development Act claim in the amount of $1 ,843,071 for fiscal year 2012/13.
BACKGROUND
SACOG is entrusted with the responsibility of administering funds under the Transportation Development Act
(TDA). TDA funds are comprised of Local Transportation Funds (LTF) and State Transit Assistance Funds
(STA) and are to be used to support public transportation. STA is historically designated solely for capital
projects related to transportation. However due to economic conditions and the passing of Senate Bill 565,
STA funds have unrestricted usage through 2014/15 and may be applied to operating costs. In order for the
City to receive its share of the allotted TDA funds, a claim must be filed with SACOG annually.
The following is a five-year history of the annual TDA allocations and corresponding City requests, including
this year's request.
Allocation
Request
Amount
available to
City
(roads, etc.)
Fiscal
Year
LTF
STA
Total
LTF
STA
Total
2008/09
st
Claim)
Not
available
Not
available
Not
available
$812,654
$0
$812,654
$0
2008109
nd
Claim)
$1,806,872
$97,560
(final)
$1,989,040
$1,252,473
$53,482
$1,305,955
$0
2009/10
$1,756,129
$0
$1,756,129
$1,840,293
$41,382
$1,881,675
$0
2010/11
$1,533,472
$249,552
$1,783,024
$1,267,906
$502,165
$1,770,071
$0
2011/12
$1,938,680
$206,598
$2,145,278
$1,623,194
$206,598
$1,829,792
$0
2012/13
$2,308,526
$275,455
$2,583,981
$1,643,071
$200,000
$1,843,071
$0
(1
(2
ANALYSIS
This year's claim is based on the estimated Yolo County Transportation District (YCTD) Table G that outlines
Transportation Development Act Claim 2012/13
November 7,2012
Page 2
YCTD's operating requirements for West Sacramento transit service for FY 2012/13, The estimated cost for
this year is $1,773,815, which is less than the year's LTF allocation. The total amount requested in 2012/13
represents YCTD's operating cost and SACOG's planning fee. With the approval of this claim, the City will
have an LTF carry-forward balance of $1,750,613 to support future transit needs.
Part of this year's funding also includes $275,455 in STA funds that may be applied to operating costs. This
claim reflects $200,000 of STA funds be used to support operating costs and will also result in a carry-forward
balance for future use.
Strategic Plan Integration
Funds from the TDA claim will meet the Council's Strategic Plan by providing:
It
Quality City Services Transit;
It
Providing adequate road and transportation capacity to facilitate ease of movement, while preserving
neighborhood integrity.
Alternatives
N/A
Coordination and Review
This claim was coordinated with the Administrative Services Director, Yolo County Transportation District and
SACOG.
Budget/Cost Impact
Approval of this claim will make a total of $1,773,815 available for public transportation for fiscal year 2012/13.
ATTACHMENTS
1. Resolution 12-48
2. Transportation Development Act Claim for 2012/13 (form TDA-1)
3. Annual Project and Expenditure Plan for 2012/13 (form TDA-2)
4. Status of Previously Approved Projects for 2012/13 (form TDA-3)
5, Statement of Conformance for 2012/13 (form TDA-4)
6. Transportation Development Act Certification Form for 2012/13 (form TDA-5)
7. Findings of LTF Apportionment for 2012/13
8. Findings of STA Apportionment for 2012/13
9. Estimated YCTD Table G
Finaled by _ _
ATTACHMENT 1
RESOLUTION 12-48
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST SACRAMENTO REQUESTING THE SACRAMENTO
AREA COUNCIL OF GOVERNMENTS TO APPROVE THE
CITY OF WEST SACRAMENTO 2012/13 TRANSPORTATION
DEVELOPMENT ACT CLAIM
WHEREAS, Section 99260 of the Public Utilities Code requires a local agency to
file an estimated claim of transportation needs for each fiscal year; and
WHEREAS, the Sacramento Area Council of Governments (SACOG) is
designated as the Transportation Planning Agency for this region, including the City of
West Sacramento, to receive such claims for approval pursuant to Rules and
Regulations adopted by the Secretary of the Business and Transportation Agency; and
WHEREAS, SACOG has adopted a finding of apportionment for Local
Transportation Funds and State Assistance Funds for Fiscal Year 2012/13.
NOW, THEREFORE, BE IT RESOLVED, that the attached Fiscal Year 2012/13
Transportation Development Act Claim be hereby approved and that the City Manager
and/or his designee be authorized to execute the attached claim and forward to
SACOG.
PASSED AND ADOPTED by the City Council of the City of West Sacramento
this 7th day of November, 2012 by the following vote:
AYES:
NOES:
ABSENT:
Christopher
ATTEST:
Kryss Rankin, City Clerk
Cabaldon, Mayor
ATTACHMENT 2
TDA-1
TRANSPORTATION DEVELOPMENT ACT CLAIM
TO:
Sacramento Area Council of Governments
1415 L Street, Suite 300
Sacramento, CA 95814
FROM:
Claimant:
Address:
City:
Contact Person:
City of West Sacramento
1951 South River Road
West Sacramento
Zip Code: 95691
Phone:
(916) 617-4850
Josette Reina
The above claimant hereby requests, in accordance with authority granted under the
TranspOliation Development Act and applicable rules and regulations adopted by the Sacramento
Area Council of Governments (SACOG), that its request for funding be approved as follows:
LTF _ _ _ _ _--""$-=55"'-'7'-"-',9'-"'1=3_ _ _ _ (FY 201212013)
_ _ _ _----'$£c!1~,0=85=,~15=8_ _ _ _ (FY 201112012)
_ _ _ _ _ _ _ _ _ _ _ _ (FY 20_/20~
_ _ _ _ _ _ _ _ _ _ _ _ (FY 20_/20~
STA _ _ _ _---"~~~_ _ _ _ (FY 2012/2013)
_ _ _ _----"e....o=~'--_ _ _ _ (FY 201112012)
_ _ _ _ _ _ _ _ _ _ _ _ (FY 20_/20~
_ _ _ _ _ _ _ _ _ _ _ _ (FY 20_/20~
_ _ _ _ _ _ _ _ _ _ _ _ (FY 20_120~
Submitted by: William T. Panos
Title:
Director of Public Works
Date:
November 7, 2012
SACOG Board of Directors
Date of Approval. _ _ _ _ _ _ _ _ __
Resolution No. _ _ _ _ _ _ _ _ __
Administrative Amendment No. - - - -
TDA-2
PROJECT AND EXPENDITURE PLAN
Claimant: City of West Sacramento
Project Title and
TDA Article Number
YCTD Operating/Planning
201112012
Alticle 4 99260(a)
YCTD Operating/Planning
Alticle 4 99260(a)
Alticle 4 99262
TDA
LTF
SACOG Planning
Alticle 4 99262
Article 8 99402
TOTAL REQUEST
TDA
STA
Transit
Fares
SOURCES OF FUNDING
Dev.
Measure
Road
Fees./
Const.
A
Fund
Tax
Federal/
State
TOTAL
Other
$1,085,158*
$1,085,158
$293,466**
$293,466
YCTD Operating
Article 8 99400(c)
Combined ADA - YCTn
Alticle 4 99260(a)
Article 8 99400(c)
I
I
I
$200,000i'
$200,000
~
-i
:t=-
$195,191 **
$195,191
$69,256
$69,256
S
m
$1,843,071
-i
$1,643,071
$200,000
$
$
$
$
$
$
*Note: This amount represents the 2011112 rollover amount earmarked for 2012113 YCTD Operating & Planning.
**Note: This amount represents the 2012/13 amount that is designated for use by YCTD, ADA, and SACOG. We request the remaining balance of$I,750,613 be caITied over for
future use.
tNote: STA funds are allowed for unrestricted usage through fiscal year 2014115. We request that $154,252 of the 2012113 STA allocation be claimed for this year's operating cost
along with the remaining 2011112 balance of$45,748 for a total of$200,000. The remaining 2012113 allocation $121,203 be caITied over for future use.
O
:::t
z
w
ATTACHMENT 4
TDA-3
STATUS OF PREVIOUSLY APPROVED PROJECTS
Instructions:
e
e
e
e
Describe the status of all prior fiscal year TDA claim projects and any projects
from previous years which are still active.
Include both operating and capital projects
Approved amounts should be as specified in TDA claims approved by SACOG
Expenditures should be to date
Project status should be either "Complete" or "Active"
Amount Approved
Fiscal
Year
Pro,ject Title
LTF
STA
Expenditures
LTF
STA
Project
Status
10111
Yolo Bus Operating and
Planning
735,801
735,801
Complete
11112
Yolo Bus Operating and
Plmming
604,644
604,644
Complete
11112
Yolo Bus Operating and
Planning
11112
Combined ADA - YCTD
11112
SACOG Planning
206,598
206,598
190,718
190,718
Complete
58,160
58,160
Complete
I
TOTAL
Complete
$ 1,589,323
$206,598
$ 1,589,323
$206,598
,
ATTACHMENT 5
TDA-4
STATEMENT OF CONFORMANCE
Form TDA-4 must be completed and signed by the Administrative Office of the
submitting claimant.
The City of West Sacramento hereby certifies that the Transportation Development Act
claim for fiscal year(s) 2012/13 in the amount of $1,643,071 (LTF) and $200,000 (STA)
for a total of $1,843,071 conforms to the requirements of the Transportation Development
Act and applicable rules and regulations.
CertifiedBy~62-
Title
Date
Director of Public Works
November 7,2012
ATTACHMENT 6
TDA-S
TDA CLAIM CERTIFICATION FORM
Form TDA~5 must be completed and signed by the Chief Financial Officer of the submitting
claimant.
I, Phil Wright, Chief Financial Officer for the City of West Sacramento, do hereby attest, as
required under the California Code of Regulations, Title 21, Division 3, Chapter 2, Section 6632,
to the reasonableness and accuracy of the following:
(a)
The attached budget or proposed budget for FY 2012/13
(b)
The attached certification by the Department of California Highway Patrol verifying
that NOT APPLICABLE TO CLAIMANT is in compliance with Section 1808.1 of
the Vehicle Code, as required in Public Utilities Code Section 99251.
(c)
The estimated amount of $1,843,071 maximum eligibility for moneys from the Local
Transportation Fund and State Assistance Fund, as defined in Section 6630 is
$1,843,071.
Ilf}
f\ f
,,u'.M
Signature of Chief Financial Officer: --,-~---W-",:"",::",,:vv~F'F---I-----Agency Name: City of West Sacramento
Date: November 7, 2012
ATTACHMENT 7
COUNTY OF YOLO
Final
FINDINGS OF APPORTIONMENT
LOCAL TRANSPORTATION FUNDS
Fiscal Year 2012/13
County's Estimated June 30, 2012 Balance
Local Transportation Fund Income 2012-13
Less: County Administrative Costs
Less: SACOG Administrative Costs
$1,821,259
7,763,560
-5,000
-107,002
Balance for Allocation
$9,472,817
2/171129'52 AM
JURISDICTION
Population
11
% of Total
County
Population
Finding
of
Apportionment
Amount
Available
for SACOG
Planning
$1,150,947
$34,528
Amount
Available to
Jurisdiction 21
Yolo Co.
(Unincorporated)
24,511
12,15%
Davis
65,915
32,67%
3,094,769
$92,843
3,001,926
West Sacramento
49,160
24.37%
2,308,526
$69,256
2,239,270
6,624
3.28%
310,708
$9,321
301,387
55,549
27.53%
2,607,867
$78,236
2,529,631
201,759
100.00%
$284,184
$9,188,633
Winters
Woodland
TOTALS
$9,472,817
$1,116,419
11 Source: CA Department of Finance E-1, January 1, 2011,
21 Funds available for projects and programs under Article 4 and Article 8, All or a portion may be available to the Yolo County Transportation District
depending on outcome of unmet needs finding,
Yolo; 9:52 AM211712012
LTF Findings FY 2012-13 Draft
ATTACHMENT 8
Final March 2012
SACRAMENTO AREA COUNCIL OF GOVERNMENTS
Regional Share of $420,363,131 Statewide
ALLOCATION OF STATE TRANSIT ASSISTANCE FUNDS
FOR FY 2012-13
PUBLIC UTILITY CODE SECTION 99313
3120112 11 <23 AM
JURISDICTION
SACRAMENTO COUNTY
Unincorporated
Citrus Heights
Elk Grove
Folsom
Galt
Isleton
Rancho Cordova
Sacramento
POPULATION 11
POPULATION
ASA
% OF TOTAL
ALLOCATION
558,061
83,618
154,594
72,439
23,767
808
65,502
469,566
31.03%
4.65%
8.60%
4.03%
1.32%
0.04%
3.64%
26.11%
SUTTER COUNTY
Unincorporated
Live Oak
Yuba City
21,645
8,586
65,569
1.20%
0.48%
3.65%
$121,282
$48,109
$367,398
YOLO COUNTY
Unincorporated
Davis
West Sacramento
Winters
Woodland
24,511
65,915
49,160
6,624
55,549
1.36%
3.67%
2.73%
0.37%
3.09%
$137,341
$369,337
$275,455
$37,116
$311,254
YUBA COUNTY
Unincorporated
Marysville
Wheatland
56,743
12,233
3,503
3.16%
0.68%
0.19%
$317,944
$68,544
$19,628
1,798,393
100.00%
$10,076,815
TOTAL
21
$3,126,946 31
$468,531
$866,226
$405,893
$133,172
$4,527
$367,02341
$2,631,088 41
1<Sources: Report E·1, Department of Finance, Demographic Research Unit, 1/1/2011
2< Entire amount must be used for transportation planning and mass transportation purposes<
3< Of this amount, 91 <60% (the percent of Unincorporated Sacramento County's population which is within the Sacramento Regional
Transit District) or $2,864,282 is reserved in whole or part for either SRTD or Paratransit, Inc< The balance of $262,663 may be
used by the County or SRTD if the County has met all of its transit needs.
4< Entire amount is reserved for SRTD.
5< Sacramento Regional Transit District total ~ $5,862,393<
9931311:23 AM:312012012
STA Allocations 02-16-2012
Table G
ESTIMATED 2012/201:3 LTF & STA TO yeTD BY JURISDICTION
(Local Transportation Fund & State Transit Assistance Fund)
Davis
LTF Estimate by Jurisdiction
Woodland
Final
Requested
2011/2012
2012/2013
Chanqe
$2,585,123
$3,001,926
~284,005
$369,337
$2,869,128
$3,371,263
YCTO Fixed Route
YCTO Capital
YCTO Paratransit Service
$1,233,991
Total Required L TF & STA
STA
Estimate by Jurisdiction
Final
Requested
201 '112012
2012/2013
$2,224,939
$2,529,631
$244,406
~311 ,254
17.5%
$2,469,345
$2,840,885
2.3%
$1,191,939
$0
~139,715
$1,262,050
$0
~142 992
2.3%
~190,718
$1,373,706
$1,405,042
2.3%
$1,382,657
. $1,495,422
$1,966,221
31.5%
$1,086,688
16.1%
West Sacramento
Chanqe
Final
Requested
2011/2012
2012/2013
Chanqe
$1,880,520
$2,239,270
~206,598
$275,455
15.0%
$2,087,118
$2,514,725
20.5%
$1,218,722
$0
~195, 191
2.2%
$1,578,624
$0
$195,191
2.0%
2.3%
$1,547,042
$0
$190,718
3,913
2.3%
$1,737,760
$1,773,815
2.1%
»
-I
$1,426,972
31.3%
$740,910
112.1 %
n
:c
13.7%
19.1%
LTF & STA to YCTO
Amount Not Used By yeTO
--------
-
20'11/2012
LTF Estimate by Jurisdiction
Requested
Final
ChanQe
2012/2013
$275,852
$301,387
$30,282
$37,116
$306,134
$338,503
YCTO Fixed Route
YCTO Capital
YCTO Paratransit Service
$118,071
$0
$0
Total Required L TF & STA
$118,071
Amount Not Used By yeTO
$188,063
$217,275
STA
Estimate by Jurisdiction
$3492L__
County
Winters
Final
$1
2012/2013
$9'15,039
$1,116,419
$100,560
$137,341
10.6%
$1,015,599
$1,253,760
$121,228
$0
2.7%
!ill
100.0%
$251,797
$0
$23,759
$121,228
2.7%
15.5%
9.3%
~
s:
m
Total
Requested
2011/2012
2.3%
Final
ChanQe
2011/2012
z
Requested
2012/2013
Chanpe
$7,881,473
$9,188,633
$865,851
$1 ,130,503
23.5%
$8,747,324
$10,319,136
18.0%
$258,444
$0
$24,315
2.6%
$4,342,840
$0
2.2%
2.3%
~544,910
$4,439,068
$0
$557,6®
2.3%
$275,556
$282,760
2.6%
$4,887,750
$4,996,758
2.2%
$740,043
$971,000
31.2%
$859,574
$5,322,378
37.9%
22.0%
I
I
16.6%
LTF & STA to YCTO
11
I
-I
CO
CITY OF WEST SACRAMENTO
MEETING DATE:
AGENDA REPORT
ITEM #
November 7,2012
SUBJECT:
CONSIDERATION OF AGREEMENT WITH HOLLAND AND KNIGHT, LLP
FOR FEDERAL LEGISLATIVE ADVOCACY SERVICES
REPORT COORDINATED OR PREPARED BY:
INITIATED OR REQUESTED BY:
[X] Council
[]
[X] Staff
Other
ATTACHMENT [X] Yes
[] No
[ ] Information
[ ] Direction
[X] Action
OBJECTIVE
The purpose of this report is to seek Council approval of an agreement with Holland & Knight LLP (Holland &
Knight) for federal legislative advocacy services.
RECOMMENDED ACTION
It is respectfully recommended that the City Council:
1. Approve entering into an agreement with Holland & Knight, per the attached Terms of Engagement, for
legislative advocacy services.
2. Approve a two year term for the agreement with the option two two-year extensions with the fee subject
to review after the first year.
BACKGROUND
Marshaling federal resources for large projects such as the City's flood protection program, requires close
cooperation and coordination with the California Congressional Delegation, multiple federal agencies and
branches of government as well as legislators from other states who hold key committee positions. Historically,
the City has relied on the services of a federal lobbyist to work with the Council and staff to establish key
working relationships, navigate the federal landscape, and develop a strategic legislative strategy. The City
has been very successful with this approach.
The firm of Copeland, Lowry, Jacquez, Denton & Shockey served as the City's first legislative advocacy firm
from 2001 to 2007. The City and the Port then engaged the services of Holland & Knight who continue to
serve in this capacity. The agreement with Holland and Knight was for two years and allowed for two two-year
extensions. The last extension was due to expire on January 31, 2013.
Given the pending expiration date and not having put this service out for competitive evaluation for over five
years, it was timely to review and issue a Request for Proposal (RFP). The RFP included services for the Port
and the City.
ANALYSIS
There was a significant response to the RFP with thirteen firms submitting proposals. Staff reviewed the
proposals and invited six firms, who were determined to have the resources and experience to best serve the
City and the Port, to participate in an interview process. A summary of pertinent information on these firms is
included as an attachment to this report.
There were two interview panels. The first consisted of Mayor Cabaldon, Port Commission Chair Mike
McGowan and City Manager Martin Tuttle. The second panel consisted of Director of Public Works Bill Panos,
Port Manager Mike Luken and Assistant City Manager Carol Richardson.
All of the interviewed firms submitted very credible responses and brought together experienced and
knowledgeable teams. After careful review and consideration, the review team is recommending continuing
Federal Advocacy Services
November 2, 2012
Page 2
with Holland & Knight. This assessment considered the fact that a key member of the Holland & Knight team,
with whom the City and Port had worked extensively and successfully, is no longer with the firm. The team
concluded that Holland & Knight still had the overall best depth and breadth of experience in relation to the
priorities for the City and the Port of all the firms interviewed. Additionally, the firm has a proven track record
with the City and the Port.
Holland & Knight's service will include:
•
Assisting the City with developing its overarching federal advocacy strategy;
•
Continuing to promote and enhance the City's and Port's profiles on Capitol Hill;
•
Assisting with the submittal of appropriations requests and advocating for their fulfillment;
•
Working with the federal agencies on policy and process for advancement of the City's and Port's
goals;
•
Tracking and monitoring legislation relevant to the City and the Port; and
•
Coordinating visits to Washington D.C. for elected officials and visiting the City at least once a year.
Strategic Plan Integration
The Policy Agenda has Flood Protection Strategy and Streetcar as two of its top priority items that will continue
to need support at the federal level.
Alternatives
The Council could ask that the process be revisited and that other firms be considered.
Coordination and Review
The process for making this recommendation is described in the Analysis section of this report. The Port
Commission will also be considering this item.
Budget/Cost Impact
The cost for the agreement is $11,500 per month inclusive of all costs except travel which is capped at $1,000
per month. This is lower than the current fee agreement of $14,000 per month. This was the second lowest
cost with Cassidy and Associates bidding at $10,000 per month plus travel and 4.7% overhead. Depending on
the amount and cost of travel, the two firms are close in overall cost.
ATTACHMENT
Engagement Letter
Federal Advocacy Firm Summary
&
800
17th
Street, N.w., Suite 1100 Washington, DC 200061 T 202.955.30001 F 202.955.5564
Holland & Knight LLP 1 www.hklaw.com
Rich Gold
(202) 457-7143
rich.gold@hklaw.com
November 1,2012
Mr. Martin Tuttle
City Manager
City of West Sacramento
1110 West Capitol Avenue, Third Floor
West Sacramento, CA 95691
Dear Mr. Tuttle:
Thank you for retaining Holland & Knight LLP ("H&K") to provide federal advocacy services to
the City of West Sacramento (the "City") to promote the City and Port's vision and policy goals
before Congress and Executive Branch agencies in Washington, D.C.
H&K has represented the City of West Sacramento since 2007, when the City's most pressing
federal priorities were viliually unknown on Capitol HilL The City is now viewed today as a
leader and a resource on floodplain management issues. H&K devised and executed an
aggressive campaign to educate the City's congressional delegation, Congressional authorizers
and Congressional appropriators. Our education program was successful in putting the City in a
key position to secure congressional support and funding. Since fiscal year 2008, nearly $15
million has been secured to address design flaws along the City's authorized levees. In 2011, the
Army Corps of Engineers ("Corps") changed its crediting policy, which disrupted the City's
plans to quickly construct its flood protection projects. Together we devised an aggressive
strategy and organized a coalition of local governments to educate and lobby the Corps,
congressional delegations, the White House, and OMB on the negative impact this Corps policy
was having on flood control projects tluoughout the country. Going forward, flood control will
remain a key focus of our efforts and we look forward to new undeliakings, such as aggressively
building bipmiisan suppOli for the City's federal transportation priorities in Congress and the
Administration.
The purpose of this letter is to confirm our engagement as counsel and to provide the you celiain
information concerning our fees, billing and collection policies, and other terms that will govern
our relationship. I will serve as the City's primary contact for this engagement. The period of
this engagement will be from November 1, 2012 to December 31, 2013. Our fees for this
engagement will be $11,500 per month, including all expenses except travel, which will be
Atlanta 1Boston I Chicago I Fort Lauderdale I Jacksonville I Lakeland I Los Angeles I Miami I New York I Northern Virginia I Orlando
Portland I San Francisco I Tallahassee I Tampa I Washington, D.C. I West Palm Beach
Mr. Martin Tuttle
November 1,2012
Page 2
capped at $1,000 per month and based on the needs of the City and Port and the desired level of
representation.
Although we do not wish to be overly formal in our relationship with you, we have found it a
helpful practice to confirm with our clients the nature and terms of our representation. Attached
to this letter are our terms of engagement. Please review these and let me know if you have any
questions conceming our policies.
If the terms described above and in the attached terms of engagement are satisfactory, please so
indicate by signing and retuming the enclosed copy of this letter.
Representing the City is an honor and privilege and we look forward to working with you.
Sincerely,
HOLLAND & KNIGHT LLP
Richard M. Gold
Enclosure
Approved this _ _ day of _ _ _ _ 2012
CITY OF WEST SACRAMENTO
By: _ _ _ _ _ _ _ _ __
Mr. Martin Tuttle
November 1,2012
Page 3
HOLLAND & KNIGHT LLP
TERMS OF ENGAGEMENT
We appreciate your decision to retain Holland & Knight LLP as your legal connsel.
This document explains how we work, our obligations to you, your obligations to us, what we will do on your
behalf, and how our charges will be determined and billed. Experience has shown that an understanding of
these matters will contribute to a better relationship between us, and that in turn makes our efforts more
productive.
Our engagement and the services that we will provide to you are limited to the matter identified in the
accompanying letter. Any changes in the scope of our representation as described in the letter must be approved
in writing. We will provide services of a strictly legal nature related to the matters described in that letter. You
will provide us with the factual information and materials we require to perform the services identified in the
letter, and you will make such business or technical decisions and determinations as are appropriate. You v"{ill
not rely on us for business, investment, or accounting decisions, or expect us to investigate the character or
credit of persons or entities with whom you may be dealing, unless otherwise specified in the letter.
We cannot guarantee the outcome of any matter. Any expression of our professional judgment regarding your
matter or the potential outcome is, of course, limited by our knowledge of the facts and based on the law at the
time of expression. It is also subject to any unknown or uncertain factors or conditions beyond our control.
Confidentiality and Related Matters
Regarding the ethics of our profession that will govern our representation, several points deserve emphasis. As
a matter of professional responsibility, we are required to hold confidential all information relating to the
representation of our clients, subject to certain exceptions that we will discuss with you. This professional
obligation and the legal privilege for attorney-client communications exist to encourage candid and complete
communication between a client and his lawyer. We can perform truly beneficial services for a client only if we
are aware of all information that might be relevant to our representation. Consequently, we trust that our
attorney-client relationship with you will be based on mntual confidence and unrestrained communication that
will facilitate our proper representation of you.
Additionally, you should be aware that, in instances in which we represent a corporation or other entity, our
client relationship is with the entity and not with its individual executives, shareholders, directors, members,
managers, partners, or persons in similar positions, or ,vith its parent, subsidiaries, or other affiliates. In those
cases, our professional responsibilities are owed only to that entity, alone, and no conflict of interest will be
asserted by yon because we represent persons with respect to interests that are adverse to individual persons or
business organizations who have a relationship with you. That is to say, unless the letter accompanying this
document indicates otherwise, Holland & Knight's attorney-client relationship with the entity does not give rise
to an attorney-client relationship with the parent, subsidiaries or other affiliates of the entity, and
representation of the entity in this matter will not give rise to any conflict of interest in the event other clients of
the firm are adverse to the parent, subsidiaries or other affiliates of the entity. Of course, we can also represent
individual executives, shareholders, directors, members, managers, partners, and other persons related to the
entity in matters that do not conflict ,vith the interests of the entity, but any such representation will be the
subject of a separate engagement letter. Similarly, when we represent a party on an insured claim, we represent
the insured, not the insurer, even though we may be approved, selected, or paid by the insurer.
Mr. Madin Tuttle
November 1,2012
Page 4
Fees and Billing
Clients frequently ask us to estimate the fees and other charges they are likely to incur in connection with a
particular matter. We are pleased to respond to such requests whenever possible with an estimate based on our
professional judgment. This estimate always carries the understanding that, unless we agree otherwise in
writing, it does not represent a maximum, minimum, or fixed fee quotation. The ultimate cost frequently is
more or less than the amount estimated.
Legal Fees. We encourage flexibility in determining billing arrangements. For example, we often agree with our
clients to pelform services on a fixed-fee or other basis that we and the client believe will encourage efficiency
and reflect the value of our services in relation to a particular objective.
If you and we have agreed on a fixed fee arrangement, our fees will not be limited to the fixed amount if you fail
to make a complete and accurate disclosure of information that we have requested and that we reasonably
require for our work, or if you materially change the terms, conditions, scope, or nature of the work, as described
by you when we determined the fixed amount. If any of these events occurs, our fees will be based upon the
other factors described below, unless you and we agree on a revised fixed fee.
If the accompanying engagement letter does not provide for a fixed fee, or if we do not otherwise confirm to you
in writing a fee arrangement, our fees for services will be determined as described in the following paragraphs.
When establishing fees for services that we render, we are guided primarily by the time and labor required,
although we also consider other appropriate factors, such as the novelty and difficulty of the legal issues
involved; the legal skill required to pelform the particular assignment; time-saving use of resources (including
research, analysis, data and documentation) that we have previously developed and stored electronically or
othenYise in quickly retrievable form; the fee customarily charged by comparable firms for similar legal services;
the amount of money involved or at risk and the results obtained; and the time constraints imposed by either
you or the circumstances. In determining a reasonable fee for the time and labor required for a particular
matter, we consider the ability, experience, and reputation of the lawyer or lawyers in our firm who pelform the
services. To facilitate this determination, we internally assign to each lawyer an hourly rate based on these
factors. Of course, our internal hourly rates change periodically to account for increases in our cost of
delivering legal service, other economic factors, and the augmentation of a particular lawyer's ability,
experience, and reputation. Any such changes in hourly rates are applied prospectively, as well as to unbilled
time previously expended. We record and bill our time in one-tenth hour (six minute) increments.
When selecting lawyers to pelform services for you, we generally seek to assign lawyers having the lowest hourly
rates consistent with the skills, time demands, and other factors influencing the professional responsibility
involved in each matter. That does not mean that we ,Yill always assign a lawyer with a lower hourly rate than
other lawyers. As circumstances require, the services oflawyers in the firm with special skills or experience may
be sought when that will either (a) reduce the legal expense to you, (b) provide a specialized legal skill needed, or
(c) help move the matter forward more quickly. Also, to encourage the use of such lawyers in situations where
their services can provide a significant benefit that is disproportionate to the time devoted to the matter, we may
not bill for their services on an hourly rate basis but, if you agree in advance, we will adjust the fee on an "added
value" basis at the conclusion of the matter if and to the extent their services contribute to a favorable result for
you.
Disbursements. In addition to legal fees, our statements will include out-of-pocket expenses that we have
advanced on your behalf and our internal charges (which may exceed direct costs and allocated overhead
expenses) for certain support activities. Alternatively, the firm may charge for such internal charges as a
percentage of the fees charged. Advanced expenses generally will include, but are not limited to, such items as
travel, postage, filing, recording, certification, and registration fees charged by governmental bodies. Our
internal charges typically include, but are not limited to, such items as toll calls, facsimile transmissions,
overnight courier services, celtain charges for terminal time for computer research and complex document
production, and charges for photocopying materials sent to the client or third parties or required for our use.
We may request an advance cost deposit (in addition to the advance fee deposit) when we expect that we will be
required to incur substantial costs on behalf of the client.
Mr. Martin Tuttle
November 1,2012
Page 5
During the course of our representation, it may be appropriate to hire third parties to provide services on your
behalf. These services may include such things as consulting or testifying experts, investigators, providers of
computerized litigation support, and COUlt repOlters. Because of the legal "work product" protection afforded to
services that an attorney requests from third patties, in certain situations our firm may assume responsibility for
retaining the appropriate service providers. Even if we do so, however, you will be responsible for paying all fees
and expenses directly to the service providers or reimbursing us for these expenses.
The firm attempts to achieve efficiencies and savings for its clients when dealing with independent contractors.
The firm may be able to obtain a reduced charge from the contractor if the firm provides certain functions, such
as billing, collection, equipment, space, facilities, or clerical help. For these administrative and coordination
services, the firm may charge an administrative fee, which will be separately disclosed to you.
Billing. We bill periodically throughout the engagement for a particular matter, and our periodic statements are
due when rendered. If our fees are based primarily on the amount of our time devoted to the matter, our
statements will be rendered monthly. In instances in which we represent more than one person with respect to
a matter, each person that we represent is jointly and severally liable for our fees and expenses with respect to
the representation. Our statements contain a concise summary of each matter for which legal services are
rendered and a fee is charged.
If a statement remains unpaid for more than 30 days, you will be contacted by an H&K representative inquiring
why it is unpaid. Additionally, if a statement has not been paid within 30 days from its date, the firm may
impose an interest charge of 1.25 percent per month (a 15 percent annual percentage rate) from the 30th day
after the date of the statement until it is paid in full. Interest charges apply to specific monthly statements on an
individual statement basis. Any payments made on past due statements are applied first to the oldest
outstanding statement.
It is the firm's policy that if an invoice remains unpaid for more than 90 days, absent extraordinary
circumstances and subject to legal ethics constraints, H&K's representation will cease, and you hereby authorize
us to withdraw from all representation of you. Any unapplied deposits will be applied to outstanding balances.
Generally, the firm will not recommence its representation or accept new work from you until your account is
brought current and a new deposit for fees and costs, in an amount that the firm determines, is paid to it.
In addition, if you do not pay H&K's statements as they become due, the firm may require a substantial partial
payment and delivery of an interest-bearing promissory note as part of any arrangement under which it may, in
its discretion, agree to continue its representation. Any such promissory note will serve merely as evidence of
your obligation, and shall not be regarded as payment.
If allowed by applicable law, H&K is entitled to reasonable attorneys'fees and court costs if collection activities
are necessary. In addition, H&K shall have all general, possessory, or retaining liens, and all special or charging
liens, recognized by law.
Payment of our fees and costs is not contingent on the ultimate outcome of our representation, unless we have
expressly agreed in writing to a contingent fee.
Questions About Our Bills. We invite you to discuss freely with us any questions that you have concerning a fee
charged for any matter. We want our clients to be satisfied with both the quality of our services and the
reasonableness of the fees that we charge for those services. We will attempt to provide as much billing
information as you require and in such customary form that you desire, and are willing to discuss with you any
of the various billing formats we have available that best suits your needs.
Relationships with Other Clients
Because we are a large, full-service law firm with offices located in various cities we may be (and often are) asked
to represent a client with respect to interests that are adverse to those of another client who is represented by
the firm in connection with another matter. Just as you would not wish to be prevented in an appropriate
situation from retaining a law firm that competes with Holland & Knight LLP, our firm wishes to be able to
consider the representation of other persons or entities that may be competitors in your industry or who may
Mr. Madin Tuttle
November 1,2012
Page 6
have interests that are adverse to yours, but with respect to matters that are unrelated in any way to our
representation of you. The ethics that govern us permit us to accept such multiple representations, assuming
certain conditions are met, as set forth below.
During the term of this engagement, we will not accept representation of another client to pursue interests that
are directly adverse to your interests unless and until we make full disclosure to you of all the relevant facts,
circumstances, and implications of our undeltaking the two representations, and confirm to you in good faith
that we have done so and that the following criteria are met: (i) there is no substantial relationship between any
matter in which we are representing or have represented you and the matter for the other client; (ii) any
confidential information that we have received from you will not be available to the lawyers and other Holland &
Knight LLP personnel involved in the representation of the other client; (iii) our effective representation of you
and the discharge of our professional responsibilities to you will not be prejudiced by our representation of the
other client; and (iv) the other client has also consented in writing based on our full disclosure of the relevant
facts, circumstances, and implications of our undertaking the two representations. If the foregoing conditions
are satisfied, we may undertake the adverse representation and all conflict issues will be deemed to have been
resolved or waived by you.
By making this agreement, we are establishing the criteria that will govern the exercise of your right under
applicable ethical rules to object to our representation of another client whose interests are adverse to yours. If
you contest in good faith the facts underlying our confirmation to you that the specified criteria have been met,
then we will have the burden of reasonably supporting those facts.
Knowledge Management Tool
In order to better and more economically serve our clients, we have implemented a document search engine that
will allow us to search the firm's institutional work product to determine whether there exist documents created
for one client that can be used as a starting point for the preparation of new documents for other clients.
Documents that are subject to ethics wall restrictions, have extraordinary confidentiality requirements, or
contain sensitive client information will not be included in this system.
Termination
Upon completion of the matter to which this representation applies, or upon earlier termination of our
relationship, the attorney-client relationship will end unless you and we have expressly agreed to a continuation
with respect to other matters. We hope, of course, that such a continuation will be the case. The representation
is terminable at will by either of us. The termination of the representation will not terminate your obligation to
pay fees and expenses incurred prior to the termination and for any services rendered or disbursements
required to implement the transition to new counsel.
*****
Your agreement to this engagement constitutes your acceptance of the foregoing terms and conditions. If any of
them is unacceptable to you, please advise us now so that we can resolve any differences and proceed v'lith a
clear, complete, and consistent understanding of our relationship.
Federal Advocacy Firm Summary
Year
Name of Firm I Founded
,Holland &
Knight
Cornerstone
Government
Affairs
Dawson and
Associates
1968
2002
I
Specialty Areas
Transportation,
Flood Control,
Municipal
Government,
Water,
infrastructure and
transportation
Strategic Planning,
technical analyses,
;developing detailed
Did not iwork plans and
state ,general advocacy
Cost
Notable Similar Clients
Sacramento Regional Transit
Dist., Port of San Francisco, Des
Moines (Iowa), Florida Water
$11,500/
month
Management District, Placer
(inclusive of all County, City of Alameda, City of
Charlotte (N.c.), Norfolk (VA)
costs)
$15,000/
month plus
expenses
Cities outside of CA; Native
American Tribes; Metropolitan
Water District
$18,000/
•month plus 4%
admin fee plus
!expenses
SAFCA and City of Folsom
Staff to be assigned
Notable accomplishments
.Secured $2.7 million in Army
Rich Gold, Laurie A
Corps. Funding for the Des
Hettinger, Jeff Boothe,
Moines and Raccon Rivers
Kathryn Lehman, Eve M. project. Helped Placer County
O'Toole, Kerry F.
secure $11 million in federal
Feehery, David
funding to constuct a modern
regional wastewater treatement
Whitestone, Jim Davis,
Rafe Peterson
system.
Mark Rokala, Eric
Tober,Michelie Mrdeza,
Jim Richards, Louie Perry,
Tim Sanders, Mike Smith,
John Keast & Mike
Stephens
Secured $2,000,000 for Atlanta
for traffic solution for storm
water run-off; Assisted a coalition
in securing $7,500,000 to develop
a solutionto environmental and
water mgmt problems in SF Bay
Delta.
Mike Strachn, Brigadier
General (Retired) Rick
Capka and Mr.Lewis
Whitney, Frederick Skaer,
John Burns, Joseph
Coughlin, Dwight
Beranek, Robert Vining, The team brings together
experience from various sectors
Leter Edelman Stephen
Dawson
! of government.
Federal Advocacy Firm Summary
Name of Firm I Founded
I Specialty Areas
Cost
Notable Similar Clients
Phelps and
Philips
1965
Notable accomplishments
Port of Oakland, Port of San
Secured $30 Million grant for
Francisco, National Association of
Floodplain and Stormwater
Ports of West Sacramento,
Oakland, and Stockton. Secured
funding to repair and expand
Management Agencies, City of
Yakima (Wash), Alameda Corridor
$12,000/
Transportation Authority,
Water, Ports, Law month
inclusive
of
all
Northern Indiana Commuter
Enforcement,
Transportation District
International Trade costs
Transportation,
Manatt,
Staff to be assigned
Julie A. Minerva, Dennis
Northern Indian communter Rail,
Secured $600M for
Cardoza, June L. Dehart,
James J. Bonham, Shawn redevelopment of SF transit
center.
Hodjati, James R. Jones
Has helped two Port Authorities
10,000/ month Sacramento Area Flood Control
Cassidy and
Associates
!Nossaman
1975
Universities, Ports,
Environment
plus travel and Agency, Port of Corpus Christi,
4.7% overhead Jacksonville Port Authority
Janie Wise, Andrew
Forbes, Dan McNamara,
secure TIGER grants equaling $10
million each for improvement
Dr. Kai S. Anderson
projects.
Worked with COWS and Bridge
District property owners to secure
$23 million state grant for
infrastructure; Advised Cincinnati
1942;
merged
with a
Energy,
law firm
in 2008
Infrastructure
& Transportation
Timothy Jenkins, Brent
on streetcar project;Secured $2.4
million infill infrastructure grant
$12,500/
month plus
Triangle (Bridge District) property Heberlee, George
Mannina and Jennifer
owners, Cities of Dinuba, North
and $3 million HOME grant for
expenses
Las Vegas and Cinncinnati
City of Dinuba.
Capitolo
REGULAR MEETING OF THE
CITY OF WEST SACRAMENTO CITY COUNCIL,
REDEVELOPMENT SUCCESSOR AGENCY, AND
WEST SACRAMENTO FINANCING AUTHORITY
October 17,2012
Minutes
The regular closed session meeting was called to order at 6:00 PM. There were no members of
the public present. The meeting adjourned at 6:50 PM.
The regular meeting was called to order at 7:09 PM in the Council Chambers, 1110 West
Capitol Avenue, West Sacramento, California. All members were present, Mayor Cabaldon
presided.
The Pledge of Allegiance was led by Administrative Analyst Ernesto Lucero.
Entry No.1
Heard General Administration Functions as follows:
Heard presentations by the public on matters not on the agenda.
Councilmember Ledesma reported on the Yolo Natural Heritage Program JPA Board meeting
regarding lengthy discussions on the current status of their finance and organizational issues
and what the next steps would be confronting the JPA. Councilmember Ledesma also reported
on the Redevelopment Successor Agency Oversight Board meeting regarding the approval of
the low-moderate income housing asset due diligence review.
Mayor Pro Tem Villegas reported on the Sacramento Regional County Sanitation District Board
regarding a presentation on their communication plan to educate the public on how to be better
stewards of our water, and also updating the public on the status of the expansion of the
Advanced Wastewater Treatment Plant. He stated that on November 14, 2012 there will be a
public hearing to discuss the rate increase that will be funding the ten year Capital Funding
Projection for the expansion of the treatment plant. Councilmember Villegas also reported on
the Yolo County Transportation District meeting regarding the problem of a private company
using public transportation to transport their students. The Board has asked the director to look
into what the impact is on commuters and the sharing of cost of expanding route services.
Councilmember Kristoff reported on the West Sacramento Area Flood Control Agency JPA
meeting. There are concerns about the processing of timely payments from the State of
California upon completion of work on the levee, which would affect the City's payments to our
vendors and contractors.
Mayor Cabaldon reported on the Mayor's Water Council meeting regarding flood protection, and
Federal Emergency Management Agency issues. He also stated that he had discussions with
Senator Feinstein and Senator Boxer regarding the City's letter from the United States Army
Corp of Engineers rejecting our waiver request for 104 credits. Additionally, Mayor Cabaldon
reported on a meeting with Councilmember Kristoff and elected officials from the City of Davis
regarding discussions of the City providing and treating water from the Sacramento River for the
City of Davis' longtime water supply. Finally, Mayor Cabaldon discussed the meeting itvith
Department of Finance regarding the Redevelopment issue with the Bridge District and the
pending review of the Recognized Obligation Payment Schedule.
Entry No.2
Heard a presentation of the 25 th Anniversary Video Contest Winners. The winners are: Living
in West Sacramento: Ruth Pagano, "A Wonderland," and Peggy Bell, "Cheers to 25 Years of
Greatness." Playing in West Sacramento: Kathleen Poe, "The Poe Family at Play in West.
Sacramento," Nate Eckler with the Sea Scouts of West Sacramento, "How We Play in West
Sac." Working in West Sacramento: Wicked West Pizza & BBQ, "Take My Order, Maybe."
Minutes
October 17, 2012
Page 2
Minute Order 12-:67: Adopted a proclamation honoring October 24,2012 as West Sacramento
Food Day.
MOTION: Villegas. SECOND: Kristoff.
AYES: Johannessen, Ledesma, Cabaldon.
Heard a presentation from Christine Crawford, Executive Officer for Yolo County LAFCO, on the
Yolo Shared Services Program.
Entry NO.3
Minute Order 12-68: Acted on the Consent Agenda as follows:
Waived the second reading and read by title and number only and adopted Ordinance 12-10
amending Chapter 9 of the City of West Sacramento Municipal Code related to limitations to
access of tobacco products.
Waived the second reading and read by title and number only and adopted Ordinance 12-8
amending Chapter 8.11 of the City's Municipal Code related to alarm systems.
Awarded a contract for professional services to Public Safety Corporation for alarm program
administration services.
Received a status update on the West Sacramento Levee Improvement Program and directed
staff to return on December 12, 2012 with a presentation from the Sacramento District Office of
the U. S. Army Corps of Engineers along with a workshop on the Flood Protection Program.
Agenda Item #9 adopting Resolution 12-48 requesting Sacramento Area Council of
Governments to approve the Transportation Development Act claim was pulled for
consideration at a later date.
Authorized the City Manager or his designee to approve a $255,000 task order with Fehr &
Peers to complete a transportation management plan and circulation element for the HUD
Sustainable Communities Planning Challenge Grant; authorized the City Manager or his
designee to approve a change order the project in an amount not to exceed 10% of the original
task order and to act in all matters related to the grant administration for each project; and
directed staff to return to the City Council with a presentation of the results of this project.
Approved the October 3, 2012 regular City Council meeting minutes.
MOTION: Villegas. SECOND: Johannessen.
AYES: Kristoff, Ledesma, Cabaldon.
Entry NO.4
Minute Order 12-69: Opened the public hearing on the 2012/2012 Community Development
Grant (CDBG) Grantee Performance Report. Hearing from no one, at the close of the public
hearing, directed staff to submit the Grantee Performance report to the State Department of
Housing and Community Development (HCD).
MOTION: Villegas. SECOND: Ledesma.
AYES: Johannessen, Kristoff, Cabaldon.
Entry NO.5
Minute Order 12-70: Authorized the Mayor to sign the Memorandum of Understanding (MOU)
for the Downtown Riverfront Transit Study on behalf of the City and received a condensed
verbal update on the Downtown/Riverfront Transit Project.
MOTION: Johannessen. SECOND: Kristoff.
AYES: Ledesma, Villegas, Cabaldon.
Minutes
October 17, 2012
Page 3
Entry No.6
Heard General Administration Function, Part II.
Assistant City Manager Richardson acknowledged the upcoming City Council election on
November 6, 2012. She also stated that the next City Council meeting will be on November 7,
2012.
City Manager Tuttle provided an update on the Federal Lobbyist interviews and anounced that
there would be a recommendation coming soon.
The meeting adjourned at 9:40 p.m.
Public Report of Closed Session
Conference with Labor Negotiator - GC §54957.6
Agency Negotiator: Phil Wright
Employee Organization: Firefighter's Association, Local 522
No action taken.
Kryss Rankin, City Clerk
Minutes approved as presented by a majority
vote of the City Council on November 7,2012.
Kryss Rankin, City Clerk
CITY OF WEST SACRAMENTO
AGENDA REPORT
MEETING DATE: November 7,2012
ITEM #
J,t;
SUBJECT:
PRESENTATION OF POTENTIAL REFINANCING OF THE 2004 LEASE REVENUE BONDS
INITIATED OR REQUESTED BY:
[]
[ ]
Council
Other
[Xl
REPORT COORDINATED OR PREPARED BY:
Paul Blumberg, Public Finance Manager
Staff
W,.p~~ar
Philip A. WrigM, Director of Administrative Services
ATTACHMENT [] Yes
[ ] No
[]
Information
[ ] Direction
[ ] Action
OBJECTIVE
Administrative Services Department staff regularly reviews its debt management practices to identity
opportunities to refinance or otherwise modify existing debt obligations in ways that can realize significant
budget savings. This report provides information on a potential refinancing of the City's Lease Revenue
Obligations, Series 2004 (the "2004 Lease Revenue Obligations") issued to fund construction of Fire Station
No. 45 and equipment upgrades for Fire Station No. 42.
RECOMMENDED ACTION
This item is being presented for information only. No action is being requested at this time.
BACKGROUND
On September 1, 2004, the City of West Sacramento, in conjunction with the Association of Bay Area
Goverments ("ABAG") as the issuer, executed lease obligations in the amount of $9,000,000 to finance
construction of City Fire Station No. 45 and provide equipment upgrades to Fire Station No. 42. The bonds
were secured by "lease obligations" which are associated with the City Hall property.
The lease obligations were entered into under the Marks-Roos Local Bond Pooling Act of 1985, which
authorized the establishment of lease obligations through a public financing authority, in this case ABAG, to
lease and/or purchase real property. The lease payments made by the City to ABAG are the primary source of
repayment, and these payments are made from the City's General Fund.
Under the current structure, the outstanding debt will be amortized over the next 16 years, or until the last of
the bonds mature in FY 2030. The 2004 lease revenue obligations have maturity dates ranging from FY 2014
at 3.60% to FY 2030 at 5.00 Payments over that time period range from a low of $628,000 to a high of
$633,000. Current interest rates vary between 3.6% and 5.0%. Any savings from refinancing these bonds will
have a direct benefit to the General Fund by reducing debt service and, therefore, the lease payments from the
General Fund necessary to service that debt.
The City's Financial Advisor, Del Rio Advisors, LLC prepared an analysis (based on a proposal submitted by
BBVA Compass Bank, a lender that the City has refinanced with previously) that identifies the potential savings
BBVA
from refinancing the outstanding lease revenue obligations at today's favorable interest rates.
Compass Bank proposes to purchase the lease obligations from the City as a "direct placement", rather than a
public offering. This proposal would be very similar to BBVA Compass's purchase of the 2011 Lease Revenue
Obligations issued at the end of last year to refinance the City Hall debt. The direct placement with BBVA
Compass has a number of advantages, including the ability to rely on documents already created for the
previous refinancing involving BBVA, an expedited credit approval process by a lender familiar with the City's
financial condition, and the ability to close quickly, eliminating some of the interest rate risk inherent in any
refinancing.
Analysis of Savings
For purposes of the analysis, the bank proposed an interest rate of 2.90% (this equates to an effective rate of
3.04% including the proposed cost of issuance). The savings associated with refinancing at that rate are
shown below. As more fully discussed in the Analysis section, there is a "negative arbitrage" cost associated
with an immediate refinancing but staff believes that is offset by the risk of an increase in the interest rate.
2004 Lease Revenue Bonds
November 7,2012
Page 2
Refinance now
Close by January 1, 2013
The issuance amount:
$7,910,119
Interest rate
2.90%
Total savings
$653,741
Annual NPV savings
$37,428
Net Present Value saving
$552,367
Net Present Value savings, as
percent of prior debt
7.69%
Payoff
Term would stay as existing,
or FY 2030
To pursue this opportunity, the City will need to assemble a finance team to prepare for a refinancing of the
2004 Lease Revenue Obligations. The team will include Del Rio Advisors (Financial Advisor to the City), BBVA
Compass Bank (Lender), Piper Jaffray (Placement Agent), Kronick Moskovitz Tiedeman and Girard (Bond
Counsel), and other members to be determined. The team would prepare the refinancing documents
contingent upon City Council authorization to issue the refunding obligations (staff anticipates presenting a
recommendation to refinance at the City Council's regular meeting on December 5,2012).
Schedule and key actions
If City Council directs staff to proceed with the refinancing, key actions would include:
It
It
..
It
Assembling the Finance team and preparation of the draft bond documents, disclosure and credit
documentation
Review of draft documents by the team
City Council approval of private placement (December 5, 2012)
Close deal December 31,2012
ANALYSIS
This refinancing is slightly different from previous refinancings that have been presented to the City Council for
consideration. The 2004 Lease Revenue Obligations are not "callable" until the first call date of September
2013. By refinancing now, we pay additional interest on the refunding obligations. As we move the settlement
date closer to the next September 1, 2014 call date, we minimize the negative arbitrage of placing funds into
an escrow account and purchasing currently low yielding US Government securities to pay all principal and
interest on the prior bonds until the call date. This is commonly referred to as "negative arbitrage" which
reduces potential savings with the added costs of financing extra principal and interest in advance of the
refunding date. Even with the negative arbitrage, the savings created by refinancing now are substantial;
$653,741 and 7.69% Net Present Value savings.
Staff did look at the potential savings if the City waits nine months to September 1, 2013 to eliminate a portion
of the negative arbitrage. In particular, staff looked at how much interest rates would have to increase in order
to offset the additional savings associated with the elimination of the negative arbitrage. An interest rate
increase of 38 basis points (0.38%) on the short term debt and an interest rate increase of 91 basis points
(0.91%) on the longer term debts would offset the savings from the elimination of some of the negative
arbitrage created by waiting until September 2013. While staff does not have a "crystal ball" on what is going
to happen to interest rates over the next 10-11 months, staff believes it is prudent to try to capture the
significant savings (in excess of the 5% NPV staff uses as a guide) now rather the possibility of reduced or no
savings due to an increase in interest rates between now and then.
2004 Lease Revenue Bonds
November 7,2012
Page 3
The benefit of pursuing the refinancing now is to realize savings that reduce the General Fund commitment to
debt service between the current fiscal year and FY 2030. Staff views the current refinancing as an
opportunity that meets the City's minimum threshold of achieving 5% Net Present Value savings.
Staff sees little downside to the proposed refinancing. If we proceed immediately, the bank will lock a rate that
will be good through the end of the year, guaranteeing the savings as long as the deal is processed
successfully. If we miss the window of opportunity the bank would quote a new rate that mayor may not make
the deal work. Since the finance team works on a contingent basis, there are no consultant costs at risk and
the City would only incur minor staff-related administrative costs.
Strategic Plan Integration
The City has a Strategic Plan goal to achieve a financially sound City government. Managing existing debt to
achieve savings is a critical tool available to the Administrative Services Department to achieve this goal.
Alternatives
No action is being recommended at this time.
Coordination and Review
This staff report was coordinated with, and reviewed by, the City Manager's Office.
Budget/Cost Impact
All costs of the refinancing will be contingent upon a successful closing. Fees associated with the cost of
issuance are estimated at approximately $93,715, payable on completion of the refinancing. The cost of
issuance amounts to 1.18% of the $7,910,119 new lease obligation balance. Since staff is proposing a direct
placement of the lease obligations with BBVA Compass Bank, a deal similar to 2011 Lease Obligation
Refunding, there would be no requirement to get a credit agency rating of the transaction.
ATTACHMENT
None
CITY OF WEST SACRAMENTO
AGENDA REPORT
MEETING DATE: November 7,2012
ITEM #
13
SUBJECT:
YOLO COUNTY HABITAT JOINT POWERS AGENCY FUNDING UPDATE
INITIATED OR REQUESTED BY:
[]
Council
[X]
Other
[]
REPORT COORDINATED OR PREPARED BY:
Staff
~/U~~
Charline Hamilton, Director
Community Development Department
ATTACHMENT [X] Yes
[ ] No
[X] Information
[ ] Direction
[ ] Action
OBJECTIVE
The objective of this item is to provide an update regarding the funding status for the Yolo County Habitat Joint
Powers Agency.
RECOMMENDED ACTION
It is respectfully recommended that the City Council receive the status update on the Yolo County Habitat Joint
Powers Agency and provide comments on the direction of the JPA.
BACKGROUND
Conservation planning in Yolo County has been ongoing for approximately twenty years. Initial conservation
efforts were focused primarily on mitigating impacts to Swainson's hawk foraging habitat resulting from
development activity. However, Yolo County and the cities of Davis, West Sacramento, Winters, and
Woodland recognized that a more comprehensive approach to conservation planning that addressed the
needs of multiple species would be more beneficial from a regional perspective.
The Yolo County Habitat Joint Powers Agency (JPA) was formed in 2002 to reinforce the commitment of the
local governments to develop a regional conservation plan. The JPA has two primary missions: (1) to assist in
the planning, preparation, and subsequent administration of the Habitat Conservation Plan/Natural Community
Conservation Plan (HCP/NCCP); and (2) to facilitate acquisition of habitat conservation easements as
mitigation for impacts to Swainson's hawk foraging habitat. The JPA's role in overseeing the Swainson's hawk
Foraging Habitat Interim Mitigation Program arose out of a 2002 Memorandum of Understanding (MOU)
between the California Department of Fish Game (CDFG) and the JPA. The MOU allows land development
activities to occur during the preparation of the HCP/NCCP. In 2005, the JPA entered into a Planning
Agreement with the CDFG and the U.S. Fish and Wildlife Service (USFWS) to support the development of the
HCP/NCCP, which is set to expire on February 8,2013.
It is important to note that the 2002 MOU authorized the creation of the Wildlife Mitigation Trust Account and
provides guidelines for the expenditure of Swainson's hawk mitigation fees collected in Yolo County beginning
in 1993. In 2006, the CDFG authorized the use of $2 million in the Wildlife Mitigation Trust Account to prepare
the HCP/NCCP. In addition, state and federal grants were awarded to the JPA to prepare the plan. This
included a Section 6 USFWS grant in the amount of $528,804 that was awarded in May, 2010. The second
grant included a CDFG grant in the amount of $500,000, which was awarded in April, 2011.
ANALYSiS
The JPA Board conducted a meeting on October 15, 2012, to discuss the funding status of the JPA. Since
August, 2012, interim JPA staff conducted an evaluation of JPA revenues and expenditures over the last ten
years, which also included a review of annual audits and consultation with the County Auditor-Controller's
Office. The following provides a summary of this evaluation along with city staff comments and
recommendations.
Existing Grants
According to JPA interim staff, neither of the grants was adequately managed. Grant tasks and deliverables
did not align with the steps necessary to complete the plan, which resulted in an inadequate flow of funding. In
addition, the consultant payment schedule and invoice procedures did not align with the flow of grant money,
which made it difficult to seek reimbursement in a timely manner. Grant submittals lagged six
Yolo County Habitat JPA Funding Update
November 7,2012
Page 2
to twelve months behind schedule. In addition, the Section 6 grant expired in August, 2012. Consequently,
$236,366 was returned in September, 2012 since the grant was dependent on completing the plan. This was
necessary to seek a grant extension for the remaining eligible funds and increase the JPA's chances of
securing a new Section 6 grant in 2012. The request to extend the grant was submitted in September. Interim
JPA staff also submitted a request to extend the existing CDFG grant in October as this grant is set to expire in
September 2013.
Funding Shortfall
In June, 2012, the JPA Board adopted a budget for fiscal year 2012-2013 that did not reveal any deficit or
shortfall. However, interim JPA staff indicates that $670,101 in additional revenue is needed to maintain
operations through December, 2012. The $670,101 includes a negative fund balance of $225,391 for fiscal
year 2011-2012, unpaid invoices totaling $303,310, and six months of "keep the lights on" administrative
expenses totaling $141,400. The JPA cannot use the funding from the existing grants for two reasons: (1)
work occurred outside of the approved grant tasks, and (2) the consultants were not required to provide
adequate documentation for compensation.
Currently, there is a proposal before the JPA member agencies to fund the shortfall and continue work on an
Administrative Draft Plan to begin formal CDFG and USFWS reviews. West Sacramento's share is proposed
at $160,000. Current city budget for FY 12-13 only included cost share of in-kind planning staff support to the
program. Possible funding sources for the interim funding needs include the General Fund, which is estimated
to have funds available as a result of cost saving measures. A backup to the General Fund would be Fund
106 (Community Investment Fund), which is estimated to have $300,000 available at end of the fiscal year, or
other one-time money.
Wildlife Mitigation Trust Account
Between 2007 and 2012, the JPA spent $3.53 million from the Wildlife Mitigation Trust Account. As previously
mentioned, the CDFG capped this at $2 million. According to JPA interim staff, the $1.53 million overage
occurred without the knowledge and authority of the JPA Board. As of August, 2012, $943,326 is left in this
account. It should be noted that between 2007 and 2012, the JPA purchased approximately 1,131 acres of
Swainson's hawk conservation easements with the funds.
Other Actions Taken To Date
In August, the consultants were directed to cease work on the plan. The California Wildlife Conservation
Board (CWCB) has invited the JPA to apply for a $600,000 grant for consideration at an upcoming CWCB
board meeting scheduled for November 29, 2012. Interim JPA staff believes that it is possible to complete the
administrative draft of the HCP/NCCP by July, 2013 if the CWCB awards the grant to the JPA and if the JPA
successfully secures the amendments to the existing Section 6 grant and the existing CDFG grant. Interim
JPA staff estimates that 50% of the HCP/NCCP is complete and that the draft environmental document is
about 20% complete. JPA interim staff further estimates that it will take at least another 36 months, beginning
in January, 2013, to complete the plan by January, 2016. The cost to complete the plan is between $2.5 to $3
million. However, more work needs to be done to develop a realistic schedule and budget.
Impacts to West Sacramento Without An HCP/NCCP
In the event that work on the HCP/NCCP is immediately terminated, there would be no immediate impact on
City approved projects, including the flood protection program, provided that the Swainson's Hawk Foraging
Habitat Interim Mitigation Program remains intact. The Swainson's Hawk Mitigation Plan allows projects that
are less than 40 acres to pay a fee, which is currently $8,660, at a 1: 1 ratio. The interim program currently
requires projects that are 40 acres or more to acquire conservation easements at a 1:1 ratio. The JPA has
been resourceful in serving as a clearinghouse coordinator for expediting mitigation projects that are 40 acres
and larger. Continuance of the interim fee program would require the JPA or some other entity to administer
and manage this program subject to approval by the Department of Fish & Game. Since the interim mitigation
program only applies to Swainson's hawk foraging habitat, project proponents are currently required to
negotiate directly with the Department of Fish and Game and US Fish & Wildlife Service to mitigate impacts on
nesting tree takes and takes of other threatened and endangered species. This process will not be impacted if
work on the Yolo Natural Heritage Program is discontinued.
If the interim mitigation program is discontinued, individual project permits will be required for all habitat
mitigation, including Swainson's hawk foraging habitat, regardless of acreage. Under this scenario, this could
add anywhere from 6 months to 18 months to a project's schedule. The flood protection staff estimates that
each levee improvement project in the flood protection program could be delayed by approximately ~ to 2
years, starting with the Southport EIP.
Yolo County Habitat JPA Funding Update
November 7, 2012
Page 3
Staff Recommendation
Based on the information received to date and analyzed above, staff has the following comments and
recommendations:
The greatest benefit of a completed HCP/NCCP to West Sacramento is the comprehensive mitigation plan for
the remaining Southport developments and WSAFCA flood projects. However, the benefit decreases with an
extended timeline andlor increased cost. Staff is concerned that remaining projects such as Southport EIP,
Stone Lock, and Liberty projects may need their mitigation plans prior to the HCP/NCCP completion and may
pursue individual project permits. If this occurs, then the value of the HCP/NCCP begins to diminish. Similarly,
if the cost to complete and implement the plan grows to the point that it is equal to or greater than an individual
project mitigation plan cost, the value diminishes.
Independent of completing the HCP/NCCP, West Sacramento and WSAFCA projects have benefitted from
mitigation coordination services provided by the JPA for Swainson's hawk and other species impacts. Since
these services are enabled by resource agency agreements intended to facilitate the HCP/NCCP, staff cannot
assure that the JPA or another local successor agency would be able to continue to provide the same level of
mitigation coordination absent progress toward the HCP/NCCP.
City staff feels that there is value in getting the plan to an administrative draft state and then reevaluating with
the JPA member agencies if completion and implementation should be pursued. WSAFCA representatives
have indicated that they will continue working with the city towards the completion of the HCP/NCCP.
Strategic Plan Integration
The goal of the Yolo HCP/NCCP is to inspire community improvements in the region by providing a
comprehensive environmental mitigation program which supports the City's goal of a Financially Sound City
Providing Quality Services.
Alternatives
This is an opportunity for the City Council to receive an update on the status of the program and provide
comments and direction to staff. City Council could choose to postpone the update to a later date. However,
the next JPA Board meeting is scheduled for November 13th and City Council's input would be beneficial in
advance of that meeting.
Coordination and Review
Preparation of this report was coordinated with the JPA interim staff.
Budget/Cost Impact
Staff's involvement with the HCP/NCCP is covered under the City's general fund.
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