Rancho Cordova City Council
June 6, 2022

CITY OF RANCHO CORDOVA

CITY COUNCIL MEETING
Monday, June 6, 2022
5:30 PM – Regular Meeting
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova
Pursuant to California Assembly Bill 361 amending the Ralph M. Brown Act (Govt. Code 54950-54963), the City has declared a state of emergency relating to COVID-19 and imposed measures to promote social distancing.

Join the Meeting Via Zoom Link:
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Instructions to Make Public Comment
Submitting Public Comment via Email

Members of the public who wish to provide public comment via email will need to submit comments to [email protected] no later than 3:00 p.m. on Monday June 6, 2022. All comments submitted later than 3:00 p.m. will be sent to the City Council for their review and may not be read during the meeting.

Listening to a Zoom Meeting by Zoom Video Conference
To make a public comment using the Zoom platform, please use the “raise hand” feature at the bottom center of the screen. Please make sure to enable audio controls once access has been given by the City Clerk’s office to speak. Please wait to be called upon by the City Clerk.

Listening to a Zoom Meeting by Phone Only

Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, June 6, 2022

You can join a Zoom meeting via teleconferencing/audio conferencing using a cell phone or traditional landline phone. To request to make a public comment by phone press *9 to raise your hand. Please wait to be called upon by the City Clerk.

All public comments will be limited to three-minutes.

If you have questions related to the City Council Meeting or the use of Zoom, please contact the City Clerk’s Office at (916) 851-8720 Monday, June 6, 2022, before 3:00 p.m.

AGENDA

1. REGULAR MEETING - CALL TO ORDER/ROLL CALL

Council Members Linda Budge, Garrett Gatewood, Siri Pulipati, David Sander, and Mayor Donald Terry

2. METRO CABLE TV TELEVISION ANNOUNCEMENT

The Clerk will announce the meetings video recording and playback schedules.

3. PLEDGE OF ALLEGIANCE

The Mayor will call on someone in attendance to lead the Pledge.

4. INVOCATION

Reverend Elizabeth Brick of the United Methodist Church will give the invocation.

5. PRESENTATIONS

5.1. Introduction of New Employees: Shayonta Porter, Customer Service Representative by Delisa Verdun, Senior Customer Service Representative. Sharon Singh, Homeless Outreach Navigator by Russ Ducharme, Neighborhood Services Manager. Farzana Kausar, Administrative Assistant, by Stacy Leitner, City Clerk. Lindsay Samples, Management Technician, by Stacy Delaney, Community Enhancement and Investment Senior Management Analyst. Drew Hart, Senior Transportation Planner by Edgar Medina, Principal Civil Engineer.

6. PUBLIC COMMENT

Citizens wishing to address the Council for any matter not on the agenda may do so at this time via teleconference or by completing and submitting a Speaker Card to the City Clerk.

If you want to make a public comment via teleconference, please use the “raise hand” feature at the bottom center of the screen. If you are participating by telephone and you want to make a public comment, please press *9 to raise your hand. For those participating by Zoom or telephone, please wait to be called upon by the City Clerk.

For items on the agenda, speakers will be called by the Mayor at the point on the agenda when the item will be heard. Speakers are encouraged to keep comments to three minutes or

Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, June 6, 2022

less and to state name and community of residence.

Under the provisions of the California Government Code, the City Council is prohibited from discussing or taking immediate action on any item not on the agenda unless it can be demonstrated to be of an emergency nature or the need to take immediate action arose after the posting of the agenda.

7. COUNCIL REPORTS

8. CITY MANAGER'S REPORT

9. CONSENT CALENDAR ITEMS - ROLL CALL VOTE

9.1. Subject: Meeting Minutes from the Special City Council Meeting of May 10, 2022 and the Regular City Council Meeting of May 16, 2022.

Recommendation: Adopt the Minutes

9.2. Subject: A Resolution Authorizing the City Manager to Award Contract No. 2022-61 with Kittelson & Associates, Inc. in an Amount not to Exceed $172,572 to Provide Professional Services to Prepare the Citywide Roundabout Feasibility Study & Priority Implementation Plan.

Recommendation: Adopt the Resolution.

9.3. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 58- 2019-1 with Coastline Water Resources, Inc. to Extend the Contract Term from June 30, 2022, to June 30, 2023, which Results in an Increase to the Contract Amount from $1,285,710 to an Amount not to Exceed $1,835,000 for Citywide Storm Drain Maintenance Services.

Recommendation: Adopt the Resolution.

9.4. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 74- 2016-4 with the Sacramento Regional Transit District to Increase the Contract Amount from $563,120 to an Amount not to Exceed $756,160 for Continued Light Rail Station Cleaning and Maintenance Services.

Recommendation: Adopt the Resolution.

9.5. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 59- 2019-1 for Professional Services with H2O Urban Solutions, Inc. to Extend the Contract Term from June 30, 2022, to December 31, 2022, which will Result in an Increase to the Contract Amount from $366,780 to an Amount not to Exceed $417,000 for Citywide Storm Drain Pump Station Operations & Maintenance.

Recommendation: Adopt the Resolution.

9.6. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2022-51 with the Sacramento Tree Foundation in an Amount not to Exceed $450,000 from July 1, 2022 through June 30, 2025 for Community Engagement and Tree Planting Services to Enhance And Improve the City’s Urban Forest.

Recommendation: Adopt the Resolution.

9.7. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2022-69 with Sierra Asphalt, Inc. in an Amount not to Exceed $157,700 for On-Call Pavement Maintenance Services.

Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, June 6, 2022

Recommendation: Adopt the Resolution.

9.8. Subject: A Resolution Authorizing the City Manager to Execute Construction Contract No. 2022-63 in an Amount not to Exceed $330,541.00 with B&M Builders, Inc. to Construct the HSIP Cycle 10 Pedestrian Crossing Enhancement Project.

Recommendation: Adopt the Resolution.

9.9. Subject: A Resolution Authorizing the City Manager to Execute Construction Contract Amendment No. 2021-256-4 with Z Squared Inc. to increase the contract amount from $4,511,000 to an amount not to exceed $5,345,695 for the construction of the Rancho Cordova Youth Center Project.

Recommendation: Adopt the Resolution

9.10. Subject: A Resolution of the City Council of the City of Rancho Cordova and on Behalf of Commissions and Committees Created by the City Council Pursuant to Government Code Section 54952(b) Confirming the State of Emergency Under Government Code Section 8625, Recognizing Continued Measures to Promote Social Distancing, and Re-authorizing Remote Teleconference Meetings of the City for the Period from June 10, 2022 to July 6, 2022.

Recommendation: Adopt the Resolution.

9.11. Subject: A Resolution Determining the Special Tax Levy and Authorizing the Levy of Special Taxes for Police Protection Services within the Rancho Cordova Special Police Tax Area for Fiscal Year 2022-2023.

Recommendation: Adopt the Resolution.

9.12. Subject: A Resolution of the City Council of the City of Rancho Cordova Declaring its Intention to Transfer Delinquent Refuse Service Charges to the Property Tax Rolls and to Set a Public Hearing for the Same.

Recommendation: Adopt the Resolution.

9.13. Subject: A Resolution Declaring the Results of a Mail Ballot Election Relating to the Imposition of the Annual Stormwater Utility Fee for the Grantline 220 Project in the City of Rancho Cordova.

Recommendation: Adopt the Resolution declaring the results of the mail ballot election relating to the imposition of the Annual Stormwater Utility Fee for the Grantline 220 project.

9.14. Subject: A Resolution to Approve the Appointment of City and Golden State Water Company Representatives to the Governing Board of the Sacramento Central Groundwater Authority.

Recommendation: Adopt the Resolution.

9.15. Subject: A Resolution Calling the November 8, 2022 General Municipal Election for Two City Council Seats.

Recommendation: Adopt the Resolution calling the November 8, 2022 General Municipal Election and requesting that the Sacramento County Board of Supervisors consolidate the General Municipal Election with the statewide election.

9.16. Subject: Second Reading and Adoption of an Ordinance of the City of Rancho Cordova Levying a Special Tax within the City of Rancho Cordova Arista Del Community Facilities District No. 2022-1.

Recommendation: Waive the second reading and adopt the Ordinance.

Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, June 6, 2022

9.17. Subject: Second Reading and Adoption of Ordinance Establishing SunCreek Specific Plan Development Impact Fees.

Recommendation: Waive the second reading and adopt the Ordinance.

9.18. Subject: Second Reading and Adoption of an Ordinance Amending Title 4 Business Regulation, Chapter 4.07 Tobacco Retailer License which would Repeal and Replace Title 6 Health and Sanitation, Chapter 6.86 Distribution of Tobacco Products to Minors, and Amending Chapter 6.84.020 Regulation of Smoking, Definitions and Title 23 Zoning Code, Chapter 23.919.100 Smokers Lounge, Hookah Bar, E-Cigarette Lounge and Vapor Lounge/Bar of the Rancho Cordova Municipal Code Regarding the Prohibition of the Sale of Flavored Tobacco Products.

Recommendation: Waive second reading and adopt the Ordinance.

9.19. Subject: Second Reading of Ordinance for SunCreek Development Agreement Amendments and Reapproval.

Recommendation: Waive the second reading and adopt the Ordinance.

9.20. Subject: Treasurer's Report - March 31, 2022.

Recommendation: This report is informational only. It is recommended that the City Council receive and file the March 31, 2022 Treasurer’s Report.

10. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE

10.1. Subject: A Resolution Approving Proceedings for the Annual Levy and Collection of Assessments for Landscaping and Lighting District No. 2005-1 for Fiscal Year 2022-2023.

Recommendation: Adopt the Resolution.

10.2. Subject: A Resolution Approving Proceedings for the Annual Levy and Collection of Assessments for the Rancho Cordova Lighting District No. 2012-1 for Fiscal Year 2022-2023.

Recommendation: Adopt the Resolution.

10.3. Subject: Resolutions Approving Proceedings for the Annual Levy and Collection of Assessments for the Rancho Cordova Road Maintenance Assessment District for Fiscal Year 2022-2023.

Recommendation: Adopt the Resolution Initiating Proceedings for the Annual Levy and Collection of Assessments, Declaring its Intention to Levy the Annual Assessments and Preliminarily Approving the Engineer’s Report for the Rancho Cordova Road Maintenance Assessment District for Fiscal Year 2022-2023; and adopt the Resolution Amending and/or Approving the Annual Engineer’s Report and Ordering the Levy and Collection of Assessments within the Rancho Cordova Road Maintenance Assessment District for Fiscal Year 2022-2023.

10.4. Subject: Resolutions Approving Proceedings for the Annual Levy and Collection of Charges for the Rancho Cordova Transit Related Services Benefit District, Zone No. 1 for Fiscal Year 2022-2023.

Recommendation: Adopt the Resolution Initiating Proceedings for the Annual Levy and Collection of Charges, Preliminarily Approving the Engineer’s Report and Declaring its Intention to Levy the Annual Service Charges for Fiscal Year 2022-2023 for the Rancho Cordova Transit Related Services Benefit District, Zone No. 1; and the Resolution Amending and/or Confirming the Engineer’s Report and establishing the Fiscal Year 2022-2023 Service

Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, June 6, 2022

Charge for the Rancho Cordova Transit Related Services Benefit District, Zone No. 1.

10.5. Subject: Resolutions Approving Proceedings for the Annual Levy and Collection of Charges for the Rancho Cordova Transit Related Services Benefit District, Zone No. 2 for Fiscal Year 2022-2023.

Recommendation: The Resolution Initiating Proceedings for the Annual Levy and Collection of Charges, Preliminarily Approving the Engineer’s Report, and Declaring its Intention to Levy the Annual Charges for Fiscal Year 2022-2023 for the Rancho Cordova Transit Related Services Benefit District, Zone No. 2; and the Resolution Amending and/or Confirming the Engineer’s Report and establishing the Fiscal Year 2022-2023 Service Charges for the Rancho Cordova Transit Related Services Benefit District, Zone No. 2.

10.6. Subject: A Resolution Approving Granite Construction Company Renewal of Surface Mining and Reclamation Plan Permit Project No. RC06-224.

Recommendation: Adopt the Resolution approving the Renewal of the Surface Mining and Reclamation Plan Permit for the Granite Construction Mining Operation, Project No. RC 06- 224.

11. PUBLIC HEARING ITEMS

None.

12. REGULAR CALENDAR ITEMS

12.1. Subject: Presentation of Final Proposed Spending Plan for Fiscal Year 2022-23 Measure H, Measure R, and American Rescue Plan Act Funds.

Recommendation: Receive information and provide direction.

12.2. Subject: A Resolution Authorizing the City Manager to Execute Contract 2022-52 for Professional Services with ShotSpotter, Inc. in an Amount not to Exceed $1,194,000 through June 30, 2026.

Recommendation: Adopt the Resolution.

13. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

14. ADJOURN TO CLOSED SESSION

Mayor Terry will adjourn the meeting to closed session.

15. CLOSED SESSION - CALL TO ORDER/ROLL CALL

Council Members Linda Budge, Garrett Gatewood, Siri Pulipati, David Sander, and Mayor Donald Terry

16. CLOSED SESSION

Council will meet in closed session to discuss the following items:

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: City Manager: Pursuant to Government Code Section 54957.

2. CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to Government Code Section 54957.6. Agency Designated Representatives: Mayor Donald Terry and City Attorney Adam

Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, June 6, 2022

U. Lindgren; Unrepresented Employee: City Manager.

3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) (One Case).

17. OPEN SESSION - REPORT FROM CLOSED SESSION

The City Attorney will report on action taken in closed session.

18. ADJOURNMENT

ADDITIONAL INFORMATION
Special meetings listed below are subject to change/cancellation without further notice.

Unless the Council adopts a motion to extend the meeting, any item that is not initiated before 11:00 p.m. will be continued to the next day at 5:30 p.m. or scheduled on the next regular meeting agenda of the Council.

Public documents related to items on the open session portion of this agenda, which are distributed to the City Council less than 72 hours prior to the meeting, shall be available for public inspection at the time the documents are distributed to the Council. Documents are available for inspection at the City Clerk's office located in Rancho Cordova City Hall.

The agenda items are accessible on the City’s website at www.cityofranchocordova.org on Thursdays or Fridays prior to the Regular City Council Meeting.

UPCOMING MEETINGS
June 20, 2022 5:30 PM Regular Meeting
June 28, 2022 5:30 PM Special Meeting/Work Session
July 18, 2022 5:30 PM Regular Meeting
July 26, 2022 5:30 PM Special Meeting/Work Session
August 1, 2022 4:00 PM Special Meeting/Regular Meeting
August 15, 2022 5:30 PM Regular Meeting
August 23, 2022 5:30 PM Special Meeting/Work Session
September 6, 2022 4:00 PM Special Meeting/Regular Meeting If you have any technical questions related to the agenda items, please contact City Hall at (916) 851- 8700.

The Rancho Cordova City Council meeting will be videotaped in its entirety and will be cablecast without interruption on Metro Cable 14, the Government Affairs Channel on the Comcast, Consolidated Communications and AT&T U-Verse Systems. Closed Captioning will be available on the playback cablecast. A DVD copy is available from the City Clerk’s Department and a webcast of

Rancho Cordova City Council - AGENDA
Regular Meeting of Monday, June 6, 2022

this meeting will be available for viewing via video streaming from the City’s website within 48 hours of adjournment of this meeting.

In compliance with the Americans with Disabilities Act, if you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in this meeting, please contact the City Clerk’s Office at (916) 851-8720 at least 48 hours prior to the meeting.

CERTIFICATION OF POSTING OF AGENDA
I, Stacy Leitner, City Clerk for the City of Rancho Cordova, declare that the foregoing agenda for the June 6, 2022 Regular Meeting of the Rancho Cordova City Council was posted and available for review on June 2, 2022 at City Hall of the City of Rancho Cordova, 2729 Prospect Park Drive, Rancho Cordova, California, 95670. The agenda is also available on the city website at www.cityofranchocordova.org.

Signed June 6, 2022 at Rancho Cordova, California.

Stacy Leitner, CMC
City Clerk

ITEM 9.1.

CITY OF RANCHO CORDOVA

CITY COUNCIL MEETING
Tuesday, May 10, 2022
5:30 PM – Special Meeting/Work Session
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova
Pursuant to California Assembly Bill 361 amending the Ralph M. Brown Act (Govt. Code 54950-54963), the City has declared a state of emergency relating to COVID-19 and imposed measures to promote social distancing.

DRAFT MINUTES

1. SPECIAL MEETING - CALL TO ORDER/ROLL CALL

Mayor Terry called the Regular meeting to order in the David B. Roberts Council Chambers at 5:34 p.m.

Council Members Present: Linda Budge, Garrett Gatewood, Siri Pulipati, David Sander, and Mayor Donald Terry
Council Members Absent: None
Staff Members Present: Cyrus Abhar, Adam Lindgren, Stacy Leitner and Persephonie Riley

2. PUBLIC COMMENT

Mayor Terry opened the public comment period. Seeing no speakers. Mayor Terry closed the public comment period.

3. SPECIAL MEETING

3.1. Subject: A Resolution of the City Council of the City of Rancho Cordova and on Behalf of Commissions and Committees Created by the City Council Pursuant to Government Code Section 54952(b) Confirming the State of Emergency Under Government Code Section 8625, Recognizing Continued Measures to Promote Social Distancing, and Re- authorizing Remote Teleconference Meetings of the City for the Period from May 10,

ITEM 9.1.

Rancho Cordova City Council - DRAFT MINUTES
Meeting of Tuesday, May 10, 2022

2022 to June 10, 2022.

Recommendation: Adopt the Resolution.

Mayor Terry opened the public comment period. Seeing no speakers. Mayor Terry closed the public comment period.

ACTION: Motion to approve item 3.1 by Budge second by Pulipati; Motion passed with a 4:1 vote.

AYES: Budge, Pulipati, Sander, and Terry
NOES: Gatewood
ABSENT: None
ABSTAIN: None

3.2. Subject: Recommendations on the Fiscal Year 2022/2023 Community Enhancement and Investment Fund Applications Received and Discuss Council Requests for Consideration.

Recommendation: Staff to provide recommendations on the Fiscal Year 2022/2023 Community Enhancement and Investment Fund grant applications and receive and discuss individual City Council requested items for consideration.

Council Member Gatewood recused himself for the following application numbers due to a conflict of interest related to business interest:

Application number 4, 5, 16, 19, 21, 22, 23, 26, 33, 67, 73, and 93.

Mayor Terry opened the public comment period. The following individuals addressed the Council or submitted public comment via email:

1. Anil Reddy Kondakrindi

2. Donald Childs
Mayor Terry closed the public comment period.

ACTION: Motion to approve staff recommendation for Application Number 4, 5, 16, 19, 21, 22, 23, 26, 33, 67, 73, and 93 by Budge second by Pulipati; Motion passed with a 4:0 vote.

AYES: Budge, Pulipati, Sander, and Mayor Terry
NOES: None
ABSENT: None
RECUSED: Gatewood
Mayor Terry opened the public comment period. The following individuals addressed the Council or submitted public comment via email:

1. Ken Press

2. Mary Gorak

3. Shinder Gill

4. Kenneth Ramirez
Mayor Terry closed the public comment period.

Mayor Gatewood recused himself for application number 74 due to a conflict of interest

ITEM 9.1.

Rancho Cordova City Council - DRAFT MINUTES
Meeting of Tuesday, May 10, 2022

related to a business interest.

ACTION: Motion to approve staff recommendation for Application Number 74 by Budge second by Sander;
Motion passed with a 4:0 vote.

AYES: Budge, Pulipati, Sander, and Mayor Terry
NOES: None
ABSENT: None
RECUSED: Gatewood
ACTION: Motion to approve staff recommendation with the changes requested by Council for all remaining application numbers except the following: 43 and 47 to be discussed at the May 16, 2022 Council meeting, and that staff return with information regarding possible funding an eGaming concept by Budge second by Pulipati;
Motion passed with a 5:0 vote.

4. ADJOURNMENT

Mayor Terry adjourned the meeting at 8:03 p.m.
_______________________
Stacy Leitner, CMC
City Clerk

ITEM 9.1.

CITY OF RANCHO CORDOVA

CITY COUNCIL MEETING
Monday, May 16, 2022
5:30 PM – Regular Meeting
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova
Pursuant to California Assembly Bill 361 amending the Ralph M. Brown Act (Govt. Code 54950-54963), the City has declared a state of emergency relating to COVID-19 and imposed measures to promote social distancing.

DRAFT MINUTES

1. REGULAR MEETING - CALL TO ORDER/ROLL CALL

Mayor Terry called the Regular meeting to order in the David B. Roberts Council Chambers at 5:33 p.m.

Council Members Present: Linda Budge, Garrett Gatewood, Siri Pulipati, David Sander, and Mayor Donald Terry
Council Members Absent: None
Staff Members Present: Cyrus Abhar, Adam Lindgren, Stacy Leitner and Persephonie Riley

2. METRO CABLE TV TELEVISION ANNOUNCEMENT

The City Clerk read the meetings recordings and playback schedule.

3. PLEDGE OF ALLEGIANCE

City Manager Cyrus Abhar led the pledge.

4. INVOCATION

Retired Reverend Michael Dack of the United Church of Christ gave the invocation.

5. PRESENTATIONS

ITEM 9.1.

Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, May 16, 2022

5.1. Swearing in of Planning Commission Members.

6. PUBLIC COMMENT

Mayor Terry opened the public comment period. The following individuals addressed the Council or submitted public comment via email:

1. Troy Fennel

2. Paul Carroll

3. Ivory Rubin

4. James Garcia

5. Greg Muilenburg

6. Valerie Knippschild

7. Sara Malone

8. Kate Carroll

9. Manorak Man

10. Marilyn Metzger

11. Val Astle

12. Brenda Gustin

13. Helen Whelan-Bashaw

14. Fayzah Mughal

15. Sandra Murphy

16. Crystal Huckeberry

17. Darla Hughes

18. Scott E. Ahlstrom

19. Holles Sommers Ahlstrom

20. Julia Grissinger

21. Sara Malone

22. Lynn Keay

23. Marilyn Metzger

24. Richard Martin

25. Harikumar Nair

26. Kyle Marx

27. Jan Rollings-Rapoza

28. Lysa Davis

29. Timothy Johnson

30.Vicki Coffey

31. Wayne Davidson

32. Dawn S. Davidson

33. Fayzah Mughal

34. Angel Ball

35. James Garcia
Mayor Terry closed the public comment period.

7. COUNCIL REPORTS

Council reported on events since the last meeting.

8. CITY MANAGER'S REPORT

City Manager Cyrus Abhar gave his report.

9. CONSENT CALENDAR ITEMS - ROLL CALL VOTE

ITEM 9.1.

Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, May 16, 2022

Council Member Sander requested that Item 9.1 and 9.7 be pulled for separate discussion.

ACTION: Motion to approve Item 9.2 through 9.6 and Item 9.8 through 9.10 by Sander second by Budge;
Motion passed with a 5:0 vote.

9.1. Subject: Meeting Minutes from the Regular City Council Meeting of April 18, 2022 and the Special Meeting of April 26, 2022. Readoption of meeting minutes for the following meetings: March 21, 2022, February 22, 2022, and January 3, 2022.

Recommendation: Adopt the minutes.

Mayor Terry opened the public comment period. The following individuals addressed the Council or submitted comment via email:

1. Angel Ball

2. Brenda Gustin
Mayor Terry closed the public comment period.

ACTION: Motion to approve item 9.1. by Budge second by Gatewood; Motion passed with a 5:0 vote.

9.2. Subject: Resolutions Initiating Proceedings for the Annual Levy and Collection of Assessments for the Landscape and Lighting District No. 2005-1 for Fiscal Year 2022- 2023.

Recommendation: Adopt the Resolution Initiating Proceedings for the Annual Levy and Collection of Assessments for the Landscaping and Lighting District 2005-1 for Fiscal Year 2022-2023; and adopt the Resolution Preliminarily Approving the Engineer’s Annual Levy Report and Declaring its Intention to Levy and Collect Annual Assessments for the Landscaping and Lighting District No. 2005-1 for Fiscal Year 2022-2023.

9.3. Subject: Resolutions Initiating Proceedings for the Annual Levy and Collection of Assessments for the Rancho Cordova Lighting District No. 2012-1 for Fiscal Year 2022- 2023.

Recommendation: Adopt the Resolution Initiating Proceedings for the Annual Levy and Collection of Assessments for the Rancho Cordova Lighting District No. 2012-1 for Fiscal Year 2022-2023; and adopt the Resolution Preliminarily Approving the Engineer’s Annual Levy Report and Declaring its Intention to Levy and Collect Annual Assessments for the Rancho Cordova Lighting District No. 2012-1 for Fiscal Year 2022-2023.

9.4. Subject: A Resolution Approving the Final Map of Arista Del Sol Phase 1, Subdivision No. FM-2019-001-09, and Authorizing the City Manager to Execute the Subdivision Improvement Agreement Contract No. 2022-32 with Woodside 05N, LP.

Recommendation: Adopt the Resolution.

9.5. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 153-2019-1 with R3 Consulting Group Inc. for On-Call Solid Waste Consulting Services to Extend the Term from June 30, 2022, to June 30, 2024, which Results in an Increase to the Contract Budget from $412,500 to an Amount not to Exceed $777,400.

Recommendation: Adopt the Resolution.

ITEM 9.1.

Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, May 16, 2022

9.6. Subject: A Resolution Authorizing the City Manager to execute Contract Amendment No. 162-2019-3 with Bennett Engineering Services, Inc. to Increase the Contract Amount from $283,172 to an Amount not to Exceed $318,408 and Adding Design Services for the Mather Field Road Rehabilitation Project.

Recommendation: Adopt the Resolution.

9.7. Subject: A Resolution of the City Council of the City of Rancho Cordova, State of California, Adopting a List of Projects For Fiscal Year 2022-23 Funded by SB1: The Road Repair and Accountability Act of 2017.

Recommendation: Adopt the Resolution.

Mayor Terry opened the public comment period. Seeing no speakers. Mayor Terry closed the public comment period.

ACTION: Motion to approve item 9.7 by Sander second by Budge; Motion passed with a 5:0 vote.

9.8. Subject: A Resolution Authorizing the Acquisition of Property at 2925 Kilgore Rd, Rancho Cordova, and Authorizing Execution of a Purchase and Sale Agreement, Assignment and Assumption Agreement, Certificate of Acceptance, and Recordation of a Grant Deed.

Recommendation: Adopt the Resolution.

9.9. Subject: A Resolution Approving a Disposition, Development and Loan Agreement Between the City of Rancho Cordova and Sunrise Crossing Affordable, LP (St Anton Communities, LLC), for a Rental Affordable Housing Development Located at 11295 Folsom Boulevard.

Recommendation: Adopt the Resolution.

9.10. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2022-62 with Roush Landscape Services in an Amount Not to Exceed $644,120 for Landscape Maintenance Services in Newly Developed Areas.

Recommendation: Adopt the Resolution.

10. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE

Mayor Terry opened the public comment period. Seeing no speakers. Mayor Terry closed the public comment period.

Mayor Terry stated that Item 10.6 would be pulled for separate discussion.

ACTION: Motion to approve item 10.1 through 10.5 by Budge second by Sander; Motion passed with a 5:0 vote.

10.1. Subject: Resolutions and an Ordinance Related to the Formation of the City of Rancho Cordova Arista Del Sol Community Facilities District No. 2022-1.

Recommendation: Adopt the Resolutions and waive first reading and introduce the Ordinance.

10.2. Subject: A Resolution to Approve The Ranch Villages 2 and 3 Major Design Review Project No. PLND-0122-0025.

Recommendation: Determine the project is Exempt per CEQA Guidelines Section 15182, Residential Projects Pursuant to a Specific Plan and adopt the Resolution for the

ITEM 9.1.

Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, May 16, 2022

Ranch Villages 2 and 3 Major Design Review.

10.3. Subject: Sun Center Drive Office and Warehouse Building Major Design Review; Project No. PLND-1221-0023 - 11201 Sun Center Drive.

Recommendation: Determine the project is exempt under CEQA Exemption 15332, projects characterized as in-fill development; and adopt the Resolution approving the Major Design Review for a warehouse and associated office space building totaling 13,500 square feet that includes parking, lighting, and landscaping.

10.4. Subject: SunCreek Specific Plan Development Impact Fee Ordinance and Fee Resolution.

Recommendation: Adopt the Resolution approving the Nexus Study and Fee Schedule; Waive the first reading and introduce the Ordinance adding Chapter 16.82 “SunCreek Specific Plan Development Impact Fees” to the Rancho Cordova Municipal Code.

10.5. Subject: Suncreek Specific Plan Development Agreement and Affordable Housing Plan Amendments.

Recommendation: Waive the first reading and introduce the Ordinance and adopt the Resolutions.

10.6. Subject: Logisticenter at Rancho Cordova Major Design Review - PLND-1021-0015 Recommendation: The proposed project has been continued to an uncertain date. The project will be re-noticed in accordance with Government Code Section 65090.

Mayor Terry opened the public comment period. The following individuals addressed the Council or submitted public comment via email:

1. Paul Carroll

2. Katherine Whitcome

3. James Garcia
Mayor Terry closed the public comment period.

ACTION: Motion to approve item 10.6 Budge second by Pulipati; Motion passed with a 5:0 vote.

11. PUBLIC HEARING ITEMS

None.

11.1. Subject: Flavored Tobacco Ordinance- First Reading.

Recommendation: Waive the first reading and introduce the Ordinance

Mayor Terry opened the public comment period. The following individuals addressed the Council:

1. Kim Ard-Elutilo

2. Bishop Mario Gaines

3. Charles Taylor

4. Allegra Taylor

5. Henry Ortiz

6. Christina Robinson

7. Thomas Lawton

8. Tim Gibbs

ITEM 9.1.

Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, May 16, 2022

9. Kimberly Bankston Lee

10. Marissa Greenband

11. Jim Knox

12. Dr. Rachel Caynak

13. Alix Winston

14. Ryan McClinton

15. Heather Morrow

16. Phil Gardiner

17. Robert B

18. Laurie Comstock

19. Fiani Johnson

20. TW Norman

21. Monica Alleje

22. Thomas Lawton
Mayor Terry closed the public comment period.

ACTION: Motion to approve item 11.1 by Sander second by Terry; Motion passed with a 5:0 vote.

12. REGULAR CALENDAR ITEMS

Mayor Terry stated that item 12.4 would be discussed before the remaining Regular Calendar items.

12.4. Subject: Fiscal Year 2022/2023 Community Enhancement and Investment Fund Allocation for Measure H, the Voter Approved 1/2 Cent Local Add-on Sales Tax Measure Approved by Rancho Cordova Voters in 2014.

Recommendation: Receive a presentation and provide directions to staff for project selection and funding amount for the Fiscal Year 2022/2023 Community Enhancement and Investment Fund budget attributed to Measure H.

Mayor Terry opened the public comment period. The following individuals addressed the Council or submitted public comment via email:

1. Courtney Conklin

2. Rebecca Sloan

3. Melanie Freer

4. Heather Morrow

5. Sasha Kinney

6. Shinder Gill

7. Heather Morrow
ACTION: Motion to approve staff recommendation for application number 47; to partially fund application number 43; to fully fund application number 10; and to re-evaluate the eGaming funding request once more information is available by Sander second by Budge;
Motion passed with a 5:0 vote.

12.1. Subject: A Resolution Authorizing the Issuance of Special Tax Bonds for and on Behalf of the City of Rancho Cordova Community Facilities District No. 2014-1 (Montelena), Approving and Directing the Execution of a Supplemental Fiscal Agent Agreement and Bond Purchase Agreement, Approving the form of the Preliminary Official Statement,

ITEM 9.1.

Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, May 16, 2022

Approving Sale of Such Bonds, and Approving Related Documents and Actions.

Recommendation: Adopt the Resolution.

Mayor Terry opened the public comment period. Seeing no speakers. Mayor Terry closed the public comment period.

ACTION: Motion to approve item 12.1 by Budge second by Pulipati; Motion passed with a 5:0 vote.

12.2. Subject: A Resolution Authorizing the Issuance of Special Refunding Tax Bonds for and on Behalf of the City of Rancho Cordova Sunridge Anatolia Community Facilities District No. 2003-1.

Recommendation: Adopt the Resolution.

Because this item resulted in a tax reduction for properties in Sunridge Anatolia CFD No. 2003 – 01 Anatolia and Council members, Gatewood and Pulipati, and Mayor Terry own property that is the subject of this item and will receive the tax reduction. The effect of this action is legally distinguishable from its effect on the public generally because the decision will affect less than 25% of the residential property in the City. As a result, these three officials have a conflict of interest on this item. However, under Regulation 2 Cal Code Regs 18705 if, as here, there is no alternative manner of decision-making, and the public official must act for a decision to be made, the City may establish a quorum by “random selection.”
The names of the three officials were written on identical strips of paper and placed in a bag.

The City Clerk drew the name Garrett Gatewood from the bag.

Council Member Pulipati and Mayor Donald Terry recused themselves due to a conflict of interest related to the proximity of their residence to the location of the item listed above.

Vice Mayor Budge opened the public comment period. Seeing no speakers. Vice Mayor Budge closed the public comment period.

ACTION: Motion to approve item 12.2 by Sander second by Gatewood; Motion passed with a 3:0 vote.

AYES: Gatewood, Sander, and Vice Mayor Budge
NOES: None
ABSENT: None
RECUSED: Pulipati and Terry

12.3. Subject: Rancho Cordova Youth Center Branding Discussion.

Recommendation: Council discussion and direction to staff.

Mayor Terry opened the public comment period. The following individuals addressed the Council or submitted public comment via email:

1. Jennifer Laret

2. Tera Kolvenbach
Mayor Terry closed the public comment period.

ITEM 9.1.

Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, May 16, 2022

ACTION: Motion to approve branding choice number two(2) by Budge second by Sander;
Motion passed with a 4:1 vote.

AYES: Budge, Gatewood, Sander, and Mayor Terry
NOES: Pulipati
ABSENT: None
ABSTAIN: None

13. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

None.

14. ADJOURNMENT

Council did not meet in closed session and Mayor Terry adjourned the meeting in memory of General Jim Taylor at 9:58 p.m.
_____________________
Stacy Leitner, CMC
City Clerk

MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 9.2.

DATE: June 6, 2022

TO: Honorable Mayor and Council Members

FROM: Albert Stricker, Public Works Director
Kristine Courdy, Senior Civil Engineer

SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD CONTRACT NO. 2022-61 WITH KITTELSON & ASSOCIATES, INC. IN AN AMOUNT NOT TO EXCEED $172,572 TO PROVIDE

PROFESSIONAL SERVICES TO PREPARE THE CITYWIDE

ROUNDABOUT FEASIBILITY STUDY & PRIORITY

IMPLEMENTATION PLAN

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would authorize the City Manager to award Contract No. 2022-61 with Kittelson & Associates, Inc. in an amount not to exceed $172,572 to provide professional services to prepare the Citywide Roundabout Feasibility Study & Priority Implementation Plan to Increase Safety and Promote Livability.

BACKGROUND

The City of Rancho Cordova applied for and successfully received a Fiscal Year 2021-22 California Department of Transportation (Caltrans) Sustainable Transportation Planning Grant in the amount of $154,928 for the Citywide Roundabout Feasibility Study & Implementation Plan (Plan). The Plan will explore options to include roundabouts to better serve the needs of the community and evaluate the feasibility of switching signals and stop sign controlled intersections to rounabouts. The Plan will create a prioritized roundabout implementation plan with conceptual designs of specific locations and create guidelines to evaluate roundabout locations in the future.

On August 2, 2021 the City Council approved Resolution 121-2021 authorizing the Public Works Director to execute all agreements associated with the Fiscal Year 2021-22 Caltrans Sustainable Transportation Planning Grant Program. In December 2021, Caltrans issued the Notice to Proceed to the City to issue a Request for Qualification to retain a Consultant to prepare the Plan.

A Request for Qualification (RFQ) was advertised on the City’s Website and CIPList.com on

City Council Staff Report - Page 2 of 2
March 9, 2022. The City received Statement of Qualifications (SOQ) from four consulting firms on April 7, 2022. The SOQ's were evaluated based on an established set of criteria and staff recommends awarding the professional services agreement to the most qualified firm, Kittelson & Associates and authoring the City Manager to execute the agreement.

The project is expected to begin in Summer 2022 and be completed by the grant deadline of February 2024.

FISCAL IMPACT AND FUNDING SOURCE

Funding for the Citywide Roundabout Feasibility Study & Implementation Plan consists of $154,928 from the Caltrans Sustainable Transportation Planning Grant Program and the required City match is funded from Gas Tax for the delivery of this Project. This project has no impact on the General Fund.

This project is included in the City's current approved Capital Improvement Plan and is in the current budget.

ATTACHMENT(S)

1. Resolution

2. Contract No. 2022-61

ITEM 9.2. ATTACHMENT 1 Resolution No. XX-2022 Page 1 of 2

CITY OF RANCHO CORDOVA

RESOLUTION NO. XX-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2022-61 IN THE AMOUNT OF $172,572 WITH KITTELSON & ASSOCIATES, INC. TO

PROVIDE PROFESSIONAL SERVICES TO PREPARE THE CITYWIDE ROUNDABOUT

FEASIBILITY STUDY & IMPLEMENTATION PLAN TO INCREASE SAFETY AND PROMOTE

LIVABILITY

WHEREAS, the City of Rancho Cordova was awarded a Fiscal Year 2021-22 California Department of Transportation (Caltrans) Sustainable Transportation Planning Grant for the Citywide Roundabout Feasibility Study & Implementation Plan (Plan); and

WHEREAS, a Request for Qualifications for a Consultant to provide Professional Services to prepare the Plan was advertised on the City’s Website and CIPList.com on March 9, 2022 and a total of four Statements of Qualifications (SOQ) were received from consultants; and

WHEREAS, SOQ's were evaluated based on an established set of criteria and staff recommends awarding the design services contract to the hinges and most qualified firm, Kittelson & Associates, Inc.; and

WHEREAS, the City of Rancho Cordova desires to enter into Contract No. 2022-61 with Kittelson & Associates, Inc. in the amount of $172,572 for professional services to prepare the Citywide Roundabout Feasibility Study and Implementation Plan; and

WHEREAS, funding for this Project consists of $154,928 from the Caltrans Sustainable Transportation Planning Grant Program and Gas Tax.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract No. 2022-61 with Kittelson & Associates, Inc. in the amount of $172,572 for professional services to prepare the Citywide Roundabout Feasibility Study and Implementation Plan and in a form approved by the City Attorney.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 6th day of June 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ITEM 9.2. ATTACHMENT 1 Resolution No. XX-2022 Page 2 of 2 ATTEST:

Donald Terry, Mayor

Stacy Leitner, CMC
City Clerk

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF RANCHO CORDOVA AND
KITTELSON & ASSOCIATES, INC.

THIS AGREEMENT for professional services is made by and between the City of Rancho Cordova, a California municipal corporation (“City”), and Kittleson & Associates Inc. (“Professional”) as of June 6, 2022.

Section 1. SERVICES . Subject to the terms and conditions set forth in this Agreement, Professional shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1. 1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2024, the date of completion specified in Exhibit A. Professional shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Professional to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8.

1.2 Standard of Performance. Professional shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Professional is engaged in the geographical area in which Professional practices its profession. Professional shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Professional's profession.

1.3 Assignment of Personnel. Professional shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Professional shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Professional shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.2 above and to satisfy Professional’s obligations hereunder.

Section 2. COMPENSATION. City hereby agrees to pay Professional a sum not to exceed one hundred seventy two thousand, five hundred and seventy two dollars and zero cents ($172,572.00), notwithstanding any contrary indications that may be contained in Professional’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Professional’s Compensation Schedule, attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Professional for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Professional for services rendered pursuant to this Agreement. Professional shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Professional shall not bill City for duplicate services performed by more than one person.

Professional and City acknowledge and agree that compensation paid by City to Professional under this Agreement is based upon Professional’s estimated costs of providing the services required hereunder, ITEM 9.2.

ATTACHMENT 2
Contract No. 2022-61

including salaries and benefits of employees and subcontractors of Professional. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Professional and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Professional shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:

 Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;  The beginning and ending dates of the billing period;  A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
 At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
 The total number of hours of work performed under the Agreement by Professional and each employee, agent, and subcontractor of Professional performing services hereunder, as well as a separate notice when the total number of hours of work by Professional and any individual employee, agent, or subcontractor of Professional reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A;
 The Professional’s signature.

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Professional.

2.3 Final Payment. City shall make the final payment within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.

2.4 Total Payment. City shall pay for the services to be rendered by Professional pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Professional in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Professional submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2.5 Hourly Fees. Fees for work performed by Professional on an hourly basis shall not exceed the amounts shown on the fee schedule set forth in Exhibit B.

ITEM 9.2.

ATTACHMENT 2
Contract No. 2022-61

2.6 Reimbursable Expenses. Reimbursable expenses, if any, are set forth in Exhibit B, and shall not exceed the amount specified in the Exhibit B fee schedule. Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

2.7 Payment of Taxes. Professional is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.8 Payment upon Termination. In the event that the City or Professional terminates this Agreement pursuant to Section 8, the City shall compensate the Professional for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Professional shall maintain adequate logs and timesheets in order to verify costs incurred to that date.

2.9 Authorization to Perform Services. The Professional is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Professional shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Professional only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.

City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Professional’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Professional, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Professional and its agents, representatives, employees, and subcontractors.

Professional shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Professional shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Professional's bid. Professional shall not allow any subcontractor to commence work on any subcontract until Professional has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Professional shall maintain all required insurance listed herein for the duration of this Agreement.

4.1 Workers’ Compensation. Professional shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Professional. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Professional may rely on a self-insurance program to meet those requirements, but only if the ITEM 9.2.

ATTACHMENT 2
Contract No. 2022-61

program of self-insurance complies fully with the provisions of the California Labor Code.

Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Professional, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.

An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.

The requirement to maintain Statutory Worker’s Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Professional does not have any employees.

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General requirements. Professional, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00). The commercial general liability and automobile liability insurance shall be per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a commercial general liability insurance or an automobile liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.

4.2.2 Minimum scope of coverage. Commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage.

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:

a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Professional, including the insured’s general supervision of Professional; products and completed operations of Professional; premises owned, occupied, or used by Professional; and ITEM 9.2.

ATTACHMENT 2
Contract No. 2022-61

automobiles owned, leased, or used by the Professional. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers.

b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.

c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage.

d. Any failure of Professional to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.

4.3 Professional Liability Insurance. Professional, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000) covering the licensed professionals’ errors and omissions.

4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim.

4.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled 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.

4.3.3 The following provisions shall apply if the professional liability coverages are written on a claims-made form:

a. The retroactive date of the policy must be shown and must be before the date of the Agreement.

b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates.

c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Professional must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work.

The City shall have the right to exercise, at the Professional’s sole cost and ITEM 9.2.

ATTACHMENT 2
Contract No. 2022-61

expense, any extended reporting provisions of the policy, if the Professional cancels or does not renew the coverage.

d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.

4.4 All Policies Requirements.

4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.

4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Professional shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

4.4.3 Subcontractors. Professional 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.

4.4.4 Deductibles and Self-Insured Retentions. Professional shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.

During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Professional may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Professional procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.

4.4.5 Waiver of Subrogation. Professional hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Professional, its employees, agents, and subcontractors.

4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Professional shall provide written notice to City at Professional’s earliest possible opportunity and in no case later than five (5) days after Professional is notified of the change in coverage.

ITEM 9.2.

ATTACHMENT 2
Contract No. 2022-61

4.5 Remedies. In addition to any other remedies City may have if Professional fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Professional’s breach:

 Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;

 Order Professional to stop work under this Agreement or withhold any payment that becomes due to Professional hereunder, or both stop work and withhold any payment, until Professional demonstrates compliance with the requirements hereof; and/or

 Terminate this Agreement.

Section 5. INDEMNIFICATION AND PROFESSIONAL’S RESPONSIBILITIES.

5.1 General Requirement. Professional shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Professional or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Professional shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Professional or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Professional to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Professional from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Professional acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

5.2 PERS Indemnification. In the event that Professional or any employee, agent, or subcontractor of Professional providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of City, Professional shall indemnify, defend, and hold harmless City for the payment of any and all employee and/or employer contributions for PERS benefits on behalf of Professional or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and any attorneys’ fees and costs incurred by the City to enforce this Section.

ITEM 9.2.

ATTACHMENT 2
Contract No. 2022-61

5.3 Design Professionals. To the extent that the services under this Agreement include design professional services subject to California Civil Code Section 2782.8, as may be amended from time to time, Professional’s duty to indemnify under Sections 5.1 and 5.2 shall only be to the maximum extent permitted by California Civil Code Section 2782.8.

Section 6. STATUS OF PROFESSIONAL.

6.1 Independent Contractor. At all times during the term of this Agreement, Professional shall be an independent contractor as defined in Labor Code Section 3353, and shall not be an employee of City. Nothing contained in this Agreement shall be construed to be inconsistent with the foregoing relationship or status. City shall have the right to control Professional only insofar as the results of Professional's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means and methods by which Professional accomplishes services rendered pursuant to this Agreement. Professional shall have no power or authority by this Agreement to bind the City in any respect. All employees and agents hired or retained by Professional are employees and agents of Professional and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Professional by any such employees or agents, or any other person resulting from performance of this Agreement.

Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Professional and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Professional shall not allow any employee, agent or subcontractor to become eligible for a claim for PERS benefits.

6.2 Professional Not an Agent. Except as City may specify in writing, Professional shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Professional shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Professional and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Professional’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Professional and any subcontractors shall ITEM 9.2.

ATTACHMENT 2
Contract No. 2022-61

comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Professional represents and warrants to City that Professional and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Professional represents and warrants to City that Professional and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Professional and any subcontractors shall obtain and maintain valid Business Licenses from City during the term of this Agreement.

7.5 Nondiscrimination and Equal Opportunity. Professional shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Professional under this Agreement.

Professional shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Professional thereby.

Professional shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Professional.

Professional may cancel this Agreement upon thirty (30) days’ written notice to City and shall include in such notice the reasons for cancellation.

In the event of termination, Professional shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Professional delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Professional or prepared by or for Professional or the City in connection with this Agreement.

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Professional understands and agrees that, if City grants such an extension, City shall have no obligation to provide Professional with compensation beyond the maximum amount provided for in this Agreement.

Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Professional for any otherwise reimbursable expenses incurred during the extension period.

ITEM 9.2.

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8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8.4 Assignment and Subcontracting. City and Professional recognize and agree that this Agreement contemplates personal performance by Professional and is based upon a determination of Professional’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Professional.

Professional may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Professional shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Professional shall survive the termination of this Agreement.

8.6 Options upon Breach by Professional. If Professional materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

8.6.1 Immediately terminate the Agreement;

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Professional pursuant to this Agreement;

8.6.3 Retain a different Professional to complete the work described in Exhibit A not finished by Professional; or

8.6.4 Charge Professional the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Professional pursuant to Section 2 if Professional had completed the work.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Professional’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Professional prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Professional hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Professional agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

9.2 Professional’s Books and Records. Professional shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City ITEM 9.2.

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under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Professional pursuant to this Agreement.

9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Professional to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.

Section 10 MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Sacramento or in the United States District Court for the Eastern District of California.

10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

10.6 Use of Recycled Products. Professional shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

10.7 Conflict of Interest. Professional may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Professional in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

ITEM 9.2.

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Professional shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

Professional hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Professional was an employee, agent, appointee, or official of the City in the previous twelve months, Professional warrants that it did not participate in any manner in the forming of this Agreement.

Professional understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Professional will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Professional will be required to reimburse the City for any sums paid to the Professional. Professional understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

10.8 Solicitation. Professional agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10.9 Contract Administration. This Agreement shall be administered by Kristine Courdy ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

10.10 Notices. Any written notice to Professional shall be sent to:

Mike Alston
2510 J Street, Suite 200
Sacramento, CA 95816
Email Address (for Insurance Update Requests)
[email protected]
Phone: 510-433-8076

Any written notice to City shall be sent to:

Kristine Courdy
Public Works Department
2729 Prospect Park Drive
Rancho Cordova, CA 95670
Email: [email protected]
Phone: 916-851-8842

ITEM 9.2.

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10.11 Professional Seal. Where applicable in the determination of the Contract Administrator or when required by law, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.

__
_______________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, and the compensation schedule attached hereto and incorporated herein as Exhibit B, represents the entire and integrated agreement between City and Professional and supersedes all prior negotiations, representations, or agreements, either written or oral.

10.13 IRS Form W-9. Professional shall complete and submit Internal Revenue Service Form W-9 to the City before execution of this Agreement. The City’s Finance Director shall have authority to waive this requirement.

Section 11 FUNDING PROVISIONS.

11.1 P rohibition of Expending City, State, or Federal Funds for Lobbing.

11.1.1 P rofessional certifies to the best of his or her knowledge and belief that:

(a) No state, federal or local agency appropriated funds have been paid, or will be paid by-or-on behalf of Professional to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement.

(b) If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this federal contract, grant, loan, or cooperative agreement; Professional shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

ITEM 9.2.

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11.1.2 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

11.1.3 P
rofessional also agrees by signing this document that he or she shall require that the language of this certification be included in all lower-tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly.

11.2 Statement of Compliance

11.2.1 P rofessional’s signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Professional has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103.

11.2.2 D
uring the performance of this Agreement, Professional and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40 ), marital status, and denial of family care leave. Professional and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Professional and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Professional and its subconsultant s shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

11.2.3 If any federal funding is used for this project:

(a) Th
e Professional shall comply with regulations relative to Title VI (nondiscrimination in federally-assisted programs of the Department of Transportation – Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their ITEM 9.2.

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assignees and successors in interest.

(b) Th e Professional, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Professional shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of Subconsultants, including procurement of materials and leases of equipment. The Professional shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT’s Regulations, including employment practices when the Agreement covers a program whose goal is employment.

11.3 R
ebates, Kickbacks or other Unlawful Consideration. Professional warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the Agreement without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

11.4 Debarment and Suspension Certification.

11.4.1 Professional’s signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Professional has complied with Title 2 CFR, Part 180, “OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)”, which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City.

11.4.2 Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Professional responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action.

11.4.3 Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration.

ITEM 9.2.

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11.5 E valuation of Professional. Professional’s performance will be evaluated by City. A copy of the evaluation will be sent to Professional for comments. The evaluation together with the comments shall be retained as part of the contract record.

11.6 National Labor Relations Board Certification. In accordance with Public Contract Code Section 10296, Professional hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Professional within the immediately preceding two-year period, because of Professional’s failure to comply with an order of a federal court that orders Professional to comply with an order of the National Labor Relations Board.

11.7 E
quipment Purchase .

11.7.1 P rior authorization in writing, by Contract Administrator shall be required before Professional enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or Professional’s services. Professional shall provide an evaluation of the necessity or desirability of incurring such costs.

11.7.2 For purchase of any item, service or consulting work not covered in Professional’s Cost Proposal and exceeding $5,000 prior authorization by Contract Administrator; three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified.

11.7.3 Any equipment purchased as a result of this contract is subject to the following:
“Professional shall maintain an inventory of all nonexpendable property.

Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Professional may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures; and credit City in an amount equal to the sales price. If Professional elects to keep the equipment, fair market value shall be determined at Professional’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Professional, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City.” 2 CFR, Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project.

11.8 Disputes.

11.8.1 Any dispute, other than audit, concerning a question of fact arising under this contract that is not disposed of by agreement shall be decided by a committee consisting of City’s Contract Administrator, Mr. Edgar Medina, P.E., who may consider written or verbal information submitted by Professional.

ITEM 9.2.

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11.8.2 Not later than 30 days after completion of all work under the contract, Professional may request review by City Council of unresolved claims or disputes, other than audit.

The request for review will be submitted in writing.

11.8.3 N
either the pendency of a dispute, nor its consideration by the committee will excuse Professional from full and timely performance in accordance with the terms of this contract.

11.9 Cost Principles.

11.9.1 P rofessional agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of individual items.

11.9.2 Professional also agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

11.9.3 Any costs for which payment has been made to Professional that are determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Professional to LOCAL AGENCY.

11.9.4 All subcontracts in excess of $25,000 shall contain the above provisions.

11.10 D
isadvantaged Business Enterprise Participation. - RESERVED

11.11 C ovenant Against Contingent Fees. The Professional warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the Professional; to solicit or secure this Agreement; and that he/she has not paid or agreed to pay any company or person other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award, or formation of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability, or at its discretion; to deduct from the contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

11.12 Funding Requirements.

11.12.1 I t is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made.

11.12.2 This Agreement is valid and enforceable only, if sufficient funds are made available to City for the purpose of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or City Council that may affect the provisions, terms, or funding of this contract in any manner.

ITEM 9.2.

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CONTRACT NO.: 2022-61

L
ast Revised January 2022

Professional Services Agreement between June 6, 2022
City of Rancho Cordova and Kittelson & Associates, Inc. Page 2 of 3

11.12.3 I t is mutually agreed that if sufficient funds are not appropriated, this Agreement may be amended to reflect any reduction in funds.

11.12.4 City has the option to void the contract under the 30-day termination clause pursuant to Article VI, or by mutual agreement to amend the contract to reflect any reduction of funds.

11.13 C laims Filed by City’s Construction Contractor .

11.13.1 I f claims are filed by City’s construction contractor relating to work performed by Professional’s personnel, and additional information or assistance from Professional’s personnel is required in order to evaluate or defend against such claims; Professional agrees to make its personnel available for consultation with City’s construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

11.13.2 Professional’s personnel that City considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from City. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for Professional’s personnel services under this Agreement.

11.13.3 Services of Professional’s personnel in connection with City’s construction contractor claims will be performed pursuant to a written Agreement amendment, if necessary, extending the termination date of this Agreement in order to resolve the construction claims.

ITEM 9.2.

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CONTRACT NO.: 2022-61

L
ast Revised January 2022

Professional Services Agreement between June 6, 2022
City of Rancho Cordova and Kittelson & Associates, Inc. Page 3 of 3

I
N WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first set forth above, which date shall be considered by the Parties to be the effective date of this Agreement.

CITY OF RANCHO CORDOVA PROFESSIONAL

______________________________ ______________________________ Cyrus Abhar, City Manager Dave Mills, Operations Leader

Date: ____________________ Date: ____________________

Attest:

Stacy Leitner, CMC, City Clerk

Date: ____________________

Approved as to Form:

______________________________
Adam U. Lindgren, City Attorney

ITEM 9.2.

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CONTRACT NO.: 2022-61

Professional Services Agreement between June 6, 2022
City of Rancho Cordova and Kittelson & Associates, Inc. --Exhibit A Page 1 of 1

E

XHIBIT A

SCOPE OF SERVICES

.

ITEM 9.2.

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1/2. Cover Letter/Signatory Requirements

April 7, 2022

Kristine Courdy
City of Rancho Cordova
Department of Public Works
2729 Prospect Park Drive
Rancho Cordova, CA 95670
Re: Citywide Roundabout Feasibility Study & Priority Implementation Plan Dear Ms. Courdy,
Kittelson & Associates, Inc. (Kittelson) is pleased to submit its Statement of Qualifications (SOQ) for the Citywide Roundabout Feasibility Study & Priority Implementation Plan (Plan) for the City of Rancho Cordova (City).

As nationally recognized roundabout specialists, Kittelson staff have been involved in the feasibility, peer review, and/or design of over 1,000 potential or constructed roundabouts throughout North America.

Kittelson has also led research studies on roundabouts, geometric design, and transportation analysis, giving us a deep understanding of current guidelines and practices. Kittelson is joined on this project by AIM Consulting, a public outreach firm with strong engagement experience in the Sacramento area.

Thank you for the opportunity to offer our qualifications for this transformative project. Our project manager is Mike Alston, RSP, EIT, and our project principal is Wade Scarbrough, PE. Wade is an authorized representative of Kittelson who has the authority to bind Kittelson to a contract with the City of Rancho Cordova to perform the services as described in the RFQ’s Scope of Work.

Should you have any questions about the information contained in this SOQ, please contact Mike Alston by email at [email protected] or by phone at (510) 433-8076. We look forward to hearing from you.

Sincerely,
KITTELSON & ASSOCIATES, INC.

Mike Alston, RSP, EIT Wade Scarbrough, PE
Senior Engineering Associate/Project Manager Principal Engineer and Project Principal; Authorized Signatory
2510 J Street, Suite 200
Sacramento, CA 95816
510-433-8076 (Phone)
916-266-2195 (Fax)
[email protected] (Email)

ITEM 9.2.

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3. Executive Summary
Kittelson is prepared to help the City of Rancho Cordova develop a Citywide Roundabout Feasibility Study and Implementation Plan. Our extensive experience with nationwide roundabout planning and design, along with our history of work locally in Rancho Cordova, position us to help the City identify appropriate sites and develop design concepts that will achieve the desired safety and operational benefits while enhancing the character of the surrounding neighborhoods. As documented throughout our proposal, the Kittelson team is uniquely qualified to conduct the services outlined in the request for proposals and in the Scope of Work included in this proposal.

As nationally recognized roundabout specialists, Kittelson staff have been involved in the feasibility, peer review, and/or design of over 1,000 potential or constructed roundabouts throughout North America.

Kittelson has also led research studies on roundabouts, geometric design, and transportation analysis, giving us a deep understanding of current guidelines and practices. Kittelson has been a trusted adviser to Caltrans since 1999, providing peer review and supporting the development and adoption of Traffic Operations Policy Directive (TOPD) 13-02 – Intersection Control Evaluation (ICE), and development of the next generation of ICE. Our team offers a complete range of conceptual geometric design and project development services. The firm’s functional design skills blend transportation planning, traffic engineering, and roadway design to bridge the gap between conceptual planning and final design. We will prepare solutions that consider geometric, operational, and performance issues, multimodal access, and regional and corridor system needs.

In addition to focusing on the design, our engineers are encouraged to engage with the stakeholders. This early and comprehensive communication allows us to continuously incorporate new information. To maximize the efficiency during design, our team will work with the City to identify key residents, stakeholder groups, community-based organizations and other community leaders who represent the community. Each stakeholder will be brought into the planning and design process early to identify issues, and we will maintain ongoing communication throughout project development.

Our team will develop initial concept designs at a sketch level using either hand techniques or CAD to determine optimal layout, alignment, and key features. At the sketch level, the design concepts will include striping layouts (for multilane roundabouts), pedestrian and bicycle facilities, right-of-way needs, local access considerations, and environmental impacts. This process enables us to quickly and efficiently develop a range of design alternatives and to evaluate those alternatives with respect to environmental impacts and construction costs. Once the preferred concept is selected, we will then refine these in CAD to develop the horizontal layout that can be carried forward.

Our team will work diligently with City staff to determine cost-effective solutions that satisfy key project objectives without compromising essential traffic operations and safety principles. Our overall approach can be summarized under the idea of performance-based design, whereby the project development process enables designers to make informed decisions about the performance tradeoffs of design decisions. We’ve found this approach consistently encourages effective problem solving, collaborative decision-making, and an overall greater return on infrastructure investments.

4. Firm’s Organization Chart
Kittelson
Kittelson & Associates, Inc. (Kittelson) is a transportation planning, engineering, and research firm that has served public agencies and private organizations for 37 years. Kittelson was founded in 1985 in Portland, Oregon, and was incorporated in 1988 as an Oregon Subchapter S Corporation. Kittelson has a staff of 289 in 25 offices throughout the United States, including four in California (Oakland, Orange, ITEM 9.2.

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Sacramento, and San Diego). The firm has grown steadily over the course of its history; since 2017, the firm has added approximately 60 staff, and is continuing to hire and expand our geographic presence and the resources and expertise we offer our clients.

Kittelson’s organizational structure consists of seven executive leaders (including three corporate officers), 30 shareholders, a seven-member board of directors, and a comprehensive distributed leadership team consisting of 27 regional leads, seven partner staff leads (representing marketing, information technology, communications, project accounting, graphics/publications, administration, and risk management), and four leadership group directors (research/innovation, staff development, project management, and people operations).

AIM Consulting
AIM Consulting (AIM), located at 2523 J Street, Suite 202, Sacramento, CA 95816 (contact: Gladys Cornell, Principal, 916-442-1186, [email protected]), will be a subconsultant to Kittelson providing public outreach and stakeholder engagement. AIM was established in 2005 with one overriding goal in mind: to be an active participant in community building and encourage others to do the same through civic engagement. AIM has been in business for 18 years, and has a total of 10 employees (12 employees in 2017).

5. Proposed Staff
Table 1 lists qualifications of our key staff. Brief bios follow, and resumes are included in Appendix B.

Table 1: Kittelson key staff qualifications.

Key Staff/Role
Years
Exp. Education/Certifications Selected Relevant Experience Mike Alston, RSP,
EIT
Project Manager;
Task Lead, Tasks 4
(Draft and Final
Plan) and 5 (Board
Review/Approval)
5 (5 with
firm)
 Master of City Planning
(MCP), UC Berkeley
 MS Civil Engineering, UC
Berkeley
 BS Civil Engineering,
North Carolina State
University
 Certified Road Safety
Professional (Level 1)
 Engineer in Training
(California)
 Iowa DOT Roundabout Peer Review
 NCHRP Project 03-130: Guide for
Roundabouts
 Alameda Citywide Roundabout
Analysis
 Clark County ICE Guidelines
 Dublin Local Road Safety Plan
 Dublin Bicycle/Pedestrian Master
Plan Update
 Fresno COG Multi-jurisdictional
LRSP
 City of Stockton LRSP/SSAR
Wade Scarbrough,
PE
Project Principal
26 (26
with
firm)
 BS Civil Engineering,
University of Idaho
 Licensed Professional Civil
Engineer: California
 Iowa DOT Roundabout Peer Review
 Elk Grove, Sheldon Road/Bradshaw
Road Roundabout Design
 Sacramento Gateway West
Roundabout Concept Design
 Deschutes County (OR) Powell
Butte Hwy./Neff Rd./Alfalfa Market
Rd. Roundabout
 Clackamas County (OR) Stafford
Rd./SW Borland Rd. Multi-lane
Roundabout
ITEM 9.2.

ATTACHMENT 2
Contract No. 2022-61

Key Staff/Role
Years
Exp. Education/Certifications Selected Relevant Experience Hermanus Steyn,
PE
Quality Control
Manager
29 (21
with
firm)
 BEng Civil Engineering,
University of Stellenbosch
 Licensed Professional Civil
Engineer: California
 Smart Growth America: Interstate 15
Technology Corridor through Lehi,
Utah Preliminary Design Charrette
(Lehi, UT)
 I-5/NW La Center Rd. Interchange
(La Center, WA)
 FHWA Accelerating Roundabout
Implementation in the United States
 Santa Barbara, Cliff Dr./Las Positas
Roundabout Design
Matt Braughton,
RSP
Task Lead: Task 1
(Existing
Conditions)
9 (9 with
firm)
 Master of City Planning
(MCP), UC Berkeley
 BA Geography and Political
Science, University of
California, Los Angeles
 Certified Road Safety
Professional (Level 1)
 Sacramento Pedestrian Crossing
Guidelines Update
 Sacramento SSAR
 Caltrans D3 Complete Streets Plan
 Elk Grove Intersection Control
Evaluations
 SACOG Model Performance Metrics
 KCAG Regional Corridor Needs Study
Caleb Cox
Task Lead: Task 2
(Analysis)
4 (4 with
firm)
 BS Engineering/Civil
Engineering, George Fox
University
 Licensed Professional Civil
Engineer: Oregon
 Iowa DOT Statewide Roundabout
Reviews
 Santa Barbara Roundabout Support
 Rancho Cordova, Cordova Hills
Development
 San Luis Obispo County, Avila
Beach Drive at US 101
Gladys Cornell
Public Outreach
Principal-in-Charge
30 (18
with
firm)
 BA Journalism, California
State University,
Sacramento
 Roseville Dry Creek Greenway
Multi-Purpose Trail Project
 Citrus Heights Creek Corridor Multi-
Use Trail Project
 Sacramento Bicycle Master Plan
Update
Katie Demaio
Task Lead: Task 3
(Public Outreach)
14 (1 with
firm)
 BA James Madison
University, Harrisonburg,
VA
 Modesto State Route 132 West,
Phase I Construction
 Santa Cruz Soquel Drive Buffered
Bike Lane and Congestion
Mitigation Project
 Rocklin, Rocklin Road/I-80
Interchange Project
Key Staff Bios
Mike Alston, RSP, EIT
Project Manager; Task Lead, Tasks 4 and 5
Mike Alston is a senior planning and engineering associate at Kittelson focused on transportation planning, traffic engineering, and pedestrian and bicycle safety. Mike has been involved in roundabout reviews at the state and local levels. He has reviewed plans and designs for Iowa DOT and currently is leading Kittelson’s work to assess roundabout locations, conceptual designs, and implementations citywide in Alameda, California. Mike is also contributing original research related to truck operations and design at roundabouts for NCHRP 03-130: Guide for Roundabouts, Third Edition. In addition to his roundabout experience, Mike has contributed to and/or led ITEM 9.2.

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more than 20 transportation safety planning projects, for which his roles have included crash data analysis, GIS mapping and analysis, intersection operations analysis, and project management.

Wade Scarbrough, PE
Project Principal
Wade Scarbrough is a Kittelson principal engineer who has prepared feasibility studies, preliminary design plans, final geometric layouts, and/or final traffic design plans for roundabout concepts at more than 100 intersections worldwide, including many that have been constructed. He co-authored the Federal Highway Administration (FHWA) Roundabouts: An Informational Guide, 1st Edition, and the Technical Summaries on Roundabouts and Mini-Roundabouts.

In addition, Wade has been involved in the development and design graphics for many state, regional, and local roundabout guides, as well as the 2009 Manual on Uniform Traffic Control Design. He regularly prepares final plans, specifications, and cost estimates (PS&E) for other intersection forms and transportation facilities, including traffic signals, unsignalized intersections, pedestrian crossings, street lighting, and ITS applications. As a nationally recognized roundabout expert, Wade routinely conducts peer reviews of roundabout designs and operational analyses for design firms and public agencies throughout the US. This work includes comprehensive roundabout design checks, such as fastest path, design vehicle, multilane natural path (path overlap), sight distance, vertical alignment, design details, signing and pavement markings, and illumination layout and details.

Hermanus Steyn, PE
Quality Control Manager
Hermanus Steyn is a Kittelson transportation engineer with experience in taking transportation concepts he has researched into the planning, design, and construction phases. He has managed hundreds of projects and knows that the context of the project and working with the community are essential to a successful project. Hermanus understands the interaction between design, operations, and safety for all users and capably synchronizes all facets of a project to achieve regulatory compliance and facilitate construction.

Matt Braughton, RSP
Task Lead: Task 1
Matt Braughton is a Kittelson associate planner who enjoys collaborating with communities to develop plans and projects to support safe and sustainable communities.

Matt has managed a number of multimodal transportation and safety analysis projects across California and the country. He has expertise in developing conceptual designs to improve the safety and comfort of all road users, and communicating recommendations effectively to the community to build project consensus. Matt has also managed and supported active transportation improvements projects and bicycle/pedestrian plans and guidance throughout the United States. Matt has extensive experience in spatial data analysis and collection and possesses advanced knowledge of GIS.

Caleb Cox
Task Lead: Task 2
Caleb Cox is a Kittelson engineer who works with multidisciplinary teams on projects ranging from traffic operations and alternatives analysis to final roadway and intersection design. He is proficient in the geometric design of road, intersections, and roundabouts and is dedicated to ensuring these facilities are designed to meet the user’s best interests related to safety and functionality. He has served as lead designer on numerous projects ranging from alternatives analysis, concept design, signal design, signing & striping design, street lighting design, and roadway design.

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Gladys Cornell
Public Outreach Principal-in-Charge
Gladys Cornell is principal and project manager of AIM Consulting. She is a facilitation and community engagement specialist with more than 30 years of experience providing public engagement, media relations, and strategic communications services with an emphasis on transportation infrastructure and master plan projects. Gladys has served successfully as the public outreach project manager for multiple complex community plan and transportation projects that require an understanding of technical, fiscal and community issues and the ability to create a space for constructive dialogue.

Katie Demaio
Task Lead: Task 3 (Public Outreach)
Katie Demaio is a community engagement manager who brings to AIM Consulting over ten years of management experience, including community awareness and engagement.

Katie assists clients with creating content for ongoing messaging, collateral materials, social media content, and interactive online engagement tools for public information and community engagement. Katie also manages and facilitates stakeholder interviews and focus groups, community meetings, traveling workshops, and special events.

6. Project Organization Chart
Team Organization
Kittelson will be the primary consultant, providing project management and all transportation analysis.

AIM Consulting will lead the public outreach component. Our team organization is presented in Figure 1.

Our team is led by Mike Alston, RSP, EIT, a strong project manager and planner who has experience in leading the delivery of roundabout feasibility studies. Mike will be supported by Wade Scarbrough, PE (project principal) and Hermanus Steyn, PE (quality control manager), both of whom will actively assist with quality control and assurance.

Figure 1: Kittelson team organization.

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7. Experience of Firm
Kittelson
As described in our Executive Summary, Kittelson offers a complete range of roundabout and intersection/interchange analysis, feasibility, conceptual design and project development services.

Specifically, Kittelson staff have extensive experience in developing and evaluating scaled design alternatives for roundabouts and other intersection forms on local, collector, arterial, and highway facilities. The firm prepares solutions that consider geometric, operations, and performance issues, multimodal access, and regional and corridor system needs. Kittelson has conducted intersection control evaluations and/or developed roundabout concept designs for projects that include:
⁄ Alameda Citywide Roundabout Analysis
⁄ Iowa DOT Statewide Roundabout Reviews
⁄ Santa Barbara Roundabout Support
⁄ Clark County (WA) ICE Guidelines
⁄ NCHRP Project 03-130: Guide for Roundabouts
⁄ Elk Grove Intersection Improvements and Roundabout Services, Elk Grove, CA: Sheldon/Waterman Roundabout Concept and Final Design; Sheldon/Bradshaw Concept Design ⁄ I-5/La Novia Roundabout Review, San Juan Capistrano, CA ⁄ Lance Gulch/Glen Road/SR 299 Roundabout, Weaverville, CA ⁄ Cliff Drive/Las Positas Roundabout, Santa Barbara, CA ⁄ Rancho California Road Roundabout Corridor Study, Temecula, CA ⁄ I-880 Interchange Improvements (Whipple Road/Industrial Parkway Southwest and Industrial Parkway), Hayward, CA
⁄ I-80/Ashby Avenue (Route 13) Interchange Improvement Project, Berkeley/Emeryville, CA ⁄ Hot Springs Road/Cabrillo Boulevard Roundabout Conceptual Design, Santa Barbara, CA ⁄ City of Ceres Roundabout Feasibility Study, Ceres, CA AIM
AIM offers strategic communications and public outreach consulting services and specializes in projects that make a positive difference within the community—multi-modal transportation, transit, water, and land use planning. With more than 30 years of experience, AIM’s team of professionals develops public outreach programs that bring diverse community members together and creates a space for constructive dialogue that respects all individuals and leverages the positive work of the engaged community. ⁄ Placer County Sacramento Gateway Plan (2019-2022). Public outreach objectives developed by AIM included informing key stakeholders and the community at large about the effort and obtaining input about existing conditions, current travel behavior, suggestions on how to alter current travel habits and provide congestion relief, trade-offs and priorities of potential improvements, and thoughts about the proposed plan. Special emphasis was placed on outreach to underrepresented populations throughout the corridor and vicinity.
⁄ City of Sacramento, Richards Boulevard I-5 Interchange Project (2018-Current). The community engagement included several key stakeholder focus group meetings held to inform on the existing conditions analysis within the project area, identify future development plans, evaluate current and future travel patterns and to weigh in on the evaluation criteria for the design alternatives.

A virtual community open house hosted on the City’s project webpage consisted of an informational video highlighting four design alternatives and a community input form to share design concept alternatives and to receive questions and feedback.

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References
Iowa DOT Statewide Roundabout Reviews
REFERENCE: Chris Poole, PE, State Traffic Engineer, Iowa Department of Transportation, 515-239-1513, [email protected]
START/END DATES: August 2021-Ongoing
KEY STAFF INVOLVED: Hermanus Steyn, Wade Scarbrough, Mike Alston, Caleb Cox Kittelson has led this project conducting roundabout peer reviews for the Iowa DOT. Roundabout review includes any phase of a project from initial selection and layout to re-design of a roundabout. Our review tasks have included feasibility studies, capacity and operational analyses, and reviews of design, lighting, signing, markings, etc. Reviews scale from typically minor reviews conducted within one to two weeks or larger efforts, which are iterative and longer (several months or more) depending on what stage of development the project is in and the depth of review required. Kittelson has been able to successfully complete this work, which requires speed of completion, because of the depth of firm resources. We have a large team managed centrally and with shared quality control resources.

City of Alameda Citywide Safety Project
REFERENCE: Gail Payne, Senior Transportation Coordinator, City of Alameda, 510-747-6892, [email protected]
START/END DATES: November 2020-Ongoing
KEY STAFF INVOLVED: Hermanus Steyn, Mike Alston, Caleb Cox Kittelson is working with the City of Alameda on a comprehensive effort related to the potential location, design, and implementation of roundabouts throughout the city. The team’s tasks have included a citywide high-injury network screening analysis using criteria sensitive to social and geographic equity to confirm locations identified by City staff as potential locations for roundabouts; a feasibility assessment of likely locations for roundabout construction; recommendations for General Plan policies related to roundabouts; and designs and best practice resources for neighborhood traffic circles. Kittelson is also conducting alternatives evaluation at two sites and developing preliminary engineering concepts for another two intersections. Kittelson is assisting the City with review and public engagement related to an intersection evaluation for a roundabout concept at the Island Drive/Mecartney Road intersection versus the existing all-way stop or a proposed traffic signal.

City of Santa Barbara Roundabout Support
REFERENCE: Derrick Bailey, Principal Transportation Engineer, City of Santa Barbara, 805-564-5544, [email protected]
START/END DATES: June 2019-April 2021
KEY STAFF INVOLVED: Mike Alston, Caleb Cox
Kittelson provided the City of Santa Barbara with roundabout support for several projects at different levels of development across the City. First, Kittelson provided initial concept-level sketches and alternatives to support project development efforts related to future development. Second, Kittelson supported the City with an active transportation planning grant by assessing feasibility of a mini- roundabout versus signalized intersection along the Cliff Drive corridor, which serves as an important bicycle connection to and from the City. Lastly, Kittelson developed mini and compact roundabout prototypes for some common street widths. These concepts were developed at a sketch level, then rendered as 3D visualizations to support the City in developing a standardized process to deliver mini- roundabouts at intersections with similar roadway approach widths. Kittelson developed screening and application guidelines for the City to apply in mini-roundabout application.

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Clark County ICE Guidelines
REFERENCE: Ejaz Khan, Senior Traffic Engineer, City of Vancouver (WA), 360-487-8198, [email protected]
START/END DATES: May 2020-August 2021
KEY STAFF INVOLVED: Hermanus Steyn, Mike Alston
Kittelson supported Clark County, Washington, in developing Intersection Control Evaluation (ICE) Guidelines to support the County’s immediate and anticipated needs for integrating intersection evaluation strategies into its planning process. ICE provides the County with an objective and reproducible method to evaluate project decisions by providing recommendations for a wide array of project contexts. The County wanted to develop guidelines that could fairly and objectively evaluate roundabouts alongside other intersection form and control types. Kittelson has developed ICE guidelines that include typical assumptions for design values and for multimodal mobility and accessibility performance evaluations. The guidelines include considerations for project type, land use context, project development phase, and other context sensitivities so that projects are evaluated in the appropriate context. The City is currently reviewing the draft guidelines now, which should be finalized midyear.

Stockton SSAR/LRSP
REFERENCE: Dodgie Vidad, City Traffic Engineer, City of Stockton, 209-937-8237, [email protected]
START/END DATES: March 2020-December 2021
KEY STAFF INVOLVED: Matt Braughton, Mike Alston
Kittelson developed an LRSP and SSAR for Stockton. The team collected and analyzed crash data across the city to identify common crash patterns and trends. These crash patterns and trends were used to develop safety project concepts for all road users at the highest priority locations across the city. The analysis also informed opportunities for education and enforcement strategies to complement engineering improvements, to result in policies and goals to guide the LRSP. The highest priority locations with high benefit-cost ratios will be moved forward into grant applications to seek funding through HSIP Cycle 11.

8. Plan Design and Deliverables
Approach
We bring the City a team that is prepared to develop roundabout feasibility and implementation plan that is informed, research-backed, actionable, community-supported. ⁄ Research-backed: Because we have written the national guidebooks that set practice for roundabout planning, design, and operation, we know how to nimbly apply design and analysis techniques to deliver the City sound concepts and analysis that reflects national best practices. We are currently developing the 3rd edition of the national Roundabout Guide and will bring current state of practice to this project. Many retrofit locations in the City will require design tradeoffs that we are prepared to help work through.
⁄ Informed: We will draw on our experience network screenings and designing roundabouts at every phase of project development to help the city develop a screening methodology that captures community goals but is not complicated or cumbersome to develop. The City will be able to refer and sort results after the project and continue to identify opportunities. ⁄ Actionable: The City’s plan will have concepts ready for final design, identified funding sources to advance the concepts, and a roundabout guidelines document that indicates how to replicate the process going forward. Given our experience developing guidelines and writing guidebooks, we will provide the City with the right level of detail in documentation to support adoption.

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⁄ Community-supported: We have prepared a logical and thorough public engagement strategy that targets community with multiple modes for input and provides for creativity to build excitement for roundabouts. We will also provide the City with suggestions and strategies to combat skepticism about roundabouts as a “new” treatment.

We will work openly and transparently with the City to refine a shared vision of success: to deliver successful roundabout projects with a social equity prioritization but also with an eye on promoting roundabouts newly developed areas as Rancho Cordova continues to grow. Doing so will support General Plan goals and improve community health.

Scope of Work
Task 01 Project Administration
This task does not include consultant involvement.

Task 02 Consultant Procurement
PURPOSE: Kick off the project and define success for the project team and hold monthly progress calls to track progress and keep the project team apprised of upcoming coordination needs.

Task 02.1 Project Kick-off Meeting
We will hold a project kickoff meeting. At the kick-off meeting, we will present and discuss our proposed Critical Path Method (CPM) schedule with City staff. Throughout the course of the project, we will maintain the CPM schedule, to be updated in real time and shared with the project team. We are versed in Microsoft Project, Smartsheet, and other project management software.

We will dedicate time in the project kick-off meeting to identifying stakeholders to be involved with the project, including when and how best to engage each group of stakeholders to best leverage their input, maximize project success, and minimize risk to the project. Potential stakeholders are listed in Task 3.

Kittelson will provide a kick-off meeting agenda in advance and will circulate meeting notes afterwards.

The kickoff meeting is assumed to be held virtually but can be accommodated as an in-person meeting.

The meeting is assumed to be 1.5 hours.

Task 02.2 Consultant Coordination
We propose to conduct one-hour monthly project status meetings to make sure the project team is in coordination on project status, upcoming deliverables, and any coordination required on upcoming events (i.e., public engagement activities).

Task 02 Deliverables:
⁄ Kick-off Meeting Minutes
⁄ Project Progress Meeting Minutes
Task 1: Existing Conditions
PURPOSE: Assemble and prepare the data and planning information needed to successfully proceed with roundabout feasibility analysis. Incorporate the best available transportation, land use, and demographic data to provide the City a screening that identifies priority intersections for roundabouts in legacy neighborhoods (retrofits) and proposed for future development (new construction).

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Task 1.1 Assemble Data
Kittelson will compile and summarize data to identify potential roundabout locations in Task 2. Kittelson will coordinate with the City to obtain data available from plans like the Circulation Element of the General Plan, the Pedestrian Master Plan, and the Bicycle Master Plan. The data collected will be used to define a scoring methodology for a citywide roundabout network screening. Kittelson will coordinate with the City to define the highest priorities for implementation and will weigh the data factors appropriately.

In collaboration with the City and project team, we will identify a screening criteria and scoring method to weight the input values. We anticipate the screening to generate scores that can classify the locations into priority tiers. Examples of information that could be included as screening criteria include:

Table 2: Roundabout Feasibility Scoring Inputs
Data Purpose
City-Provided Data
Roadway functional classifications
and lane numbers1
Allows intersections to be classified by intersecting roadway functional class and, may help classify potential roundabouts as single- or multilane.

Existing and proposed bikeways
and trails2
Indicates how people biking are to be served at the intersection (shared or separated dedicated lane on approach/exit)
Truck Routes3 Indicates anticipated design vehicles (and necessary roundabout size) at screened intersections
Traffic volumes1,3 Allows for assessment of single- or multilane feasibility at screening level Travel forecast projections Tests the resilience of roundabout sizing decisions City signature transit routes and
future transit stations1

Provides for prioritization of transit routes in the screening methodology Planning areas1

Allows the City to express geographic equity or spatial priorities related to subareas of the City
Existing and planned land uses1

Indicates existing and expected access need, traffic characteristics, and growth potential at potential site locations
Sensitive areas, including wetlands
or other parcel boundaries

Indicates potential fatal flaws of right of way impacts Other Publicly Available Data
SWITRS1 Crash Data Used to develop crash severity scores and prioritize high injury crash history sites
American Community Survey 5-
Year Data (2016-2020) Allows for social equity prioritization (explanation provided after table) CalEnviroScreen 4.0 Provides a screening tool to identify communities burdened by pollution.

Healthy Places Index Provides is a screening tool that provides local factors predictive of life expectancy.

Major Points of Interest
This could include city hall, major employment centers, schools, parks, or shopping centers. Kittelson will work with the City to determine which POIs could contribute to priority in a network screening. _____________________
1: Assumed to be available based on review of the City’s General Plan 2: Assumed to be available based on review of the City’s Bicycle Master Plan 3: Available from the City’s Spatial Data website: (https://data-ranchocordova.opendata.arcgis.com/)

Opportunity for Social Equity Prioritization
This project has the opportunity to put social equity front and center in the spatial prioritization of potential roundabout locations. The City can use data to be intentional in the prioritization of legacy and 1 Statewide Integrated Traffic Records System, https://iswitrs.chp.ca.gov/ ITEM 9.2.

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disadvantaged communities for improvement. In addition to CalEnviroScreen 4.0 and the Healthy Places Index—both of which provide data at the Census tract level—Kittelson can supplement with data from the American Community Survey to incorporate a number of demographic and socioeconomic factors at the more granular block group level to identify populations with overlapping determinants of economic disadvantage. Kittelson has developed indices for prioritization in past projects and commonly uses the following indicators:

1. Communities of Color (All races other
than white, non-Hispanic)

2. Low Income Population (Less than 200%
of Federal Poverty line)

3. Limited English Proficiency Population
(limited English-speaking households)

4. Zero-vehicle Households

5. Seniors Over Age 75

6. Youth Under Age 10

7. Persons with a Disability

8. Single-Parent Families

9. Overburdened Renters (Paying at least
40% of monthly income in rent)

Figure 2 presents the results of a preliminary composite transportation disadvantage index based on these nine input factors for Rancho Cordova. The index uses 2020 ACS data to identify the top 20 percentile (most disadvantaged) block groups in the City and its planning area. We can easily adapt this index based on project team and public input to ensure that the planning process prioritizes projects in areas of historically disadvantaged communities.

Figure 2: Transportation Disadvantage Scores, Rancho Cordova

Source: American Community Survey, City of Rancho Cordova

Task 1.2 Existing Conditions and Screening Memorandum
With the data assembled, Kittelson will prepare a draft Existing Conditions Report to document the data to be used and the network screening methodology to be conducted in Task 2. The report will use a series of maps to illustrate the data to be applied in the Task 2 screening and will describe the purpose and intent of the screening methodology. Kittelson will respond to one set of consolidated comments to finalize the report and to verify data and methodology before proceeding to Task 2.

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Opportunity to Improve Engagement:

We recommend conducting the first community workshop prior to finalizing the Existing Conditions Report, in approximately August 2022. The focus of this engagement would be twofold: (1) to help bring the public and stakeholders into the planning process early to build community buy-in, and (2) to help the project team hear and incorporate community priorities for evaluation factors and scoring for the screening in Task 2. This community workshop is detailed in Task 3.

Task 1 Deliverables:
⁄ Consolidated GIS database of data inputs for roundabout screening ⁄ Existing Conditions Memorandum, draft and final
Task 2: Analysis
PURPOSE: This task will include the network screening to develop an initial list of locations, analysis to refine the list and assess feasibility, and prepare and present conceptual alternatives for the top prioritized locations.

Task 2.1 Develop list of Potential Locations
In this subtask Kittelson will conduct a network screening of the City’s roadway network to identify a list of potential roundabout locations. The methodology, to be developed as part of Task 1, will include a screening score for every intersection in the City. Therefore, the City will be able to retain the screening results as a prioritization matrix for future reference. Figure 3 shows example citywide screening results from the Alameda Citywide Roundabout project. The City has retained the results in spreadsheet format so that they may reference and update the screening results moving forward as priorities evolve.

Figure 3: Example Citywide Screening Results

If desired, Kittelson can run multiple iterations of the analysis to develop separate priority lists for existing retrofit opportunities and for future development opportunities. For example, it may be desirable to the City to develop a grouping of potential sites, suggested as follows:
⁄ New construction: As defined in the 7th Edition of the AASHTO Policy on Geometric Design of Highway and Streets (“Green Book”), new construction projects typically have the most design flexibility and the fewest constraints.
⁄ Single-lane reconstruction projects: Single-lane roundabouts are more likely than multilane roundabouts to fit within existing right of way, are simpler to design and build, and provide great opportunities for successful “first” roundabouts.
⁄ Multilane reconstruction projects: Multilane reconstruction projects will be among the most complicated for the City to plan, design, and build. While they still have the opportunity to provide ITEM 9.2.

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tremendous benefit to the City, they may be a lower priority for implementation than the other two categories.

Single-lane versus multilane opportunities can be flagged based on existing roadway functional class, existing lane numbers, or available average daily traffic (ADT) values. Available HCM-compatible methods include testing locations based on ADT with a known or assumed left-turn percentage or based on peak hour traffic with a known or assumed major-minor traffic split. Kittelson authored both of the guidebooks the present these screening methods and has experience implementing and adapting these methods to local context. This Subsequent analysis (in Task 2.2) would refine the assumptions of lane numbers necessary for locations on or near a screening threshold.

Given the initial list, Kittelson will test appropriate roundabout footprints at up to 50 of the identified locations to assess initial feasibility. The expected roundabout inscribed circle diameters (ICDs) can be estimated based on information presented in NCHRP Report 672 based on single- or multilane needs and whether the intersection is on a truck route. This effort can be applied at a very high level to provide a good scan of feasibility. Figure 4 shows how an initial footprint can assess feasibility and provide a sense of feasibility before developing a sketch-level concept. If the City has a CAD or GIS file indicating the location of curb lines, available right of way, and/or parcel boundaries, Kittelson would use that file as a base for footprint assessment. In the absence of that data, we could use Google Earth imagery and develop a *.kmz file that the City could convert to other data formats for future reference.

Figure 4: Roundabout Footprint Estimate Leading to Viable Concept.

Task 2.2 Perform Analysis and Evaluate Locations
From the footprint evaluations conducted in Task 2.1, Kittelson will work with the City to identify up to five locations to develop concept alternatives. For each location, Kittelson will collect weekday a.m. and p.m. peak hour turning movement counts and assess operations using HCM 6th edition methodologies.

For each location, Kittelson will develop up to three sketch-level roundabout design concepts based on principles outlined in NCHRP Report 672 Roundabouts: An Informational Guide, 2 nd Edition. Features of
this activity would include:
⁄ Developing a base condition locating a roundabout at the center of the existing intersections and identifying recommended treatments on each approach.
⁄ Considering a second and third condition, if developed, that would be based on Kittelson’s experience in integrating roundabouts and optimizing the roundabout size, location, approach configuration, and incorporation of bicycle and pedestrian facilities to adapt to the site conditions.

In our experience, three concept alternatives provide enough range of possibilities to assess feasibility and articulate design tradeoffs. For up to two locations, Kittelson would develop the two most promising alternatives into isometric view renderings (four total alternatives) (see Figure 5 for an example). These ITEM 9.2.

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would support engagement and public understanding of design tradeoffs at the community workshop.

These deliverables will form the basis of Community Workshop #2, described in Task 3.

Figure 5: Example Roundabout Rendering: Concept B: San Andreas Street/W Anapamu Street

Task 2.3 Develop Priority List of Roundabout Locations and Conceptual Design Based on the work conducted in Tasks 2.1 and 2.2, Kittelson will prepare a Draft Roundabout Analysis Report with the priority roundabout locations. The draft report will include the screening methodology used, the assumptions and documentation for the initial set of footprint feasibility and operational assessments, the HCM operational analysis conducted, and the concept alternatives developed. This report will be written to easily adapt to Community Workshop #3 and to document the process followed for eventual inclusion in the draft and final feasibility study and implementation plan (Task 4).

Task 2.4 Identify Potential Funding Sources
Kittelson will document potential funding sources in a draft memorandum along with a description of how the funding may be applied, criteria for applying and obtaining funding, and any project stipulations associated with each source. We will address one set of consolidated comments and compile into a comment matrix for eventual update and inclusion into the Draft Plan in Task 4.

Task 2 Deliverables
⁄ List of roundabout locations with prioritization scores ⁄ Aerial Footprint assessment of up to 50 locations
⁄ Conceptual Design Concepts for Each Roundabout Location (up to 5 locations, 2 concepts per location)
⁄ Isometric 3D renderings of concept alternatives (up to four total – two alternatives each at two locations)
⁄ Technical Analysis Report for Community Workshop #3
⁄ Draft Funding Source Report for Prioritized Roundabout Implementation Plan Task 3 Public Outreach
PURPOSE: Solicit feedback and develop the plan using three primary channels: website, online survey, multiple workshops. AIM Consulting will lead this task with coordination from Kittelson for seamless transition between technical work and community engagement.

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Task 3.1 Outreach Management
AIM will provide strategic advice and counsel, review project materials and reports, and monitor team communications. In addition, AIM will attend a project kick-off meeting in person and up to 6 regular monthly virtually as necessary for the project. AIM will provide options for in-person and virtual depending on the COVID-19 restrictions in place during the project.

Task 3.2 Stakeholder Identification/Database/Communication AIM will work with the City and project team to identify key residents, stakeholder groups, community- based organizations and other community leaders who represent the community. In addition, AIM will create and maintain a stakeholder database organized by interest and preferred methods of communication by group. This database will allow us to conveniently plan and disseminate information to targeted audiences. AIM will also serve as a key communication link for stakeholders throughout the planning process. Stakeholders include but are not limited to:
• Rancho Cordova Residents
• Businesses in the City
• Chamber of Commerce
• Regional MPO SACOG
• County of Sacramento
• Caltrans
• City Employers/Employees
• Emergency Responders
(City Police, Sac Metro
Fire, Ambulance)
• Health Departments
• School Districts
• Trucking Industry
• Cordova Council
• County Public Health
• SABA/BARC advocacy
groups
• Walk Sacramento
• Sacramento Regional
Transit
Task 3.3 Project Webpage
An early stage of the public engagement process AIM will develop content for a project webpage on the City’s Public Works CIP Project page. This will allow for a centralized location to house important project documentation, upcoming meetings, and survey link. AIM will prepare accurate and timely updates to inform users of important project information and outreach events throughout the project.

Users will be able to access project information, such as fact sheets, FAQs, and notifications of upcoming project-related events and outreach opportunities including the survey. Users will be able to provide their contact information to receive electronic project updates. The website will also feature all communication collateral for the projection.

Task 3.4 Communication Collateral
Brochures, Fact Sheets, Fliers can be issued to educate the community about the project, advertise all activities and meetings, advertise the questionnaire and provide notification of upcoming engagement events. AIM will develop all materials utilizing a template consistent with the project brand, which can be easily updated, printed and/or distributed through electronic means, and placed on the project webpage.

Community Meetings/Stakeholder Engagement (3)
AIM will coordinate and facilitate three (3) community meetings/stakeholder engagement throughout the project’s duration. These meetings can be held either in person or virtually on Zoom depending on the COVID-19 restrictions.
⁄ Community Workshop #1: Public Workshop and possible walking tour (depending on COVID gathering restrictions) to include both newly developed area residents and disadvantaged communities in the legacy neighborhoods. This workshop will introduce the project to the public and the stakeholders in the database, define parameters, inform the community of project opportunities, priority location evaluation criteria and constraints, and solicit opinions from the community on prioritization criteria to shape and develop a potential list of roundabout locations. ⁄ Community Workshop #2: Workshop #2 will be an interactive workshop that will use clicker technology, modeling tools, maps, and the 3D visualizations developed in Task 2.2 to present the ITEM 9.2.

ATTACHMENT 2
Contract No. 2022-61

draft roundabout locations and design concept alternatives. The community will give feedback to help decide on preferred conceptual alternatives.
⁄ Community Workshop #3: The project team will present the selected conceptual design Concepts for the prioritized roundabout locations and the relevant information from the Task 2.3 Report. This workshop will be an opportunity to further solicit feedback for public comments to shape priority roundabout locations. Based on the final workshop input and survey results, the project team will draft the initial Roundabout Feasibility Study and Implementation Plan (see Task 4: Draft/Final Plan).

If meetings are in person, AIM will secure the meeting locations and provide all meeting supplies. In coordination with the City and project lead team, AIM will develop informational materials about the project and interactive displays for the community meetings. If held virtually AIM will reserve the Zoom room and facilitate all technical aspects of the meeting. AIM will record all comments and questions from the meetings and provide the project team with a summary within two weeks of each meeting. The summary will include comments and concerns received and provide recommendations on how to incorporate those comments into the project. Attendees will be asked to sign in and provide their contact information and will be added to the notification distribution list.

Opportunity for Innovation
Because the City has no constructed roundabouts, there may be some initial skepticism of roundabouts within the community and particularly in some stakeholder groups (e.g. Fire Department or representatives of the trucking industry). One way to promote education and gather feedback about roundabouts is through the use of a field testing. By laying out an actual roundabout design and coordinating to test trucks (including unique oversized vehicles), a “Roundabout Rodeo” can provide a fun community activity and build community buy-in for developed designs. Kittelson has successfully organized such field tests before; the image below shows one such demonstration, and a video is available on YouTube (https://www.youtube.com/watch?v=wTPXtpNDJLQ). If desired, this opportunity could be held at a suitable location as Workshop #3 and paired with additional desired engagement collateral.

Notification Plan
AIM will develop and implement a comprehensive notification plan to ensure each community meeting is well advertised by partnering with key stakeholders including local businesses and community-based organizations. In addition, AIM will coordinate with the City and their existing communication channels to communicate project information and ensure that the community is informed throughout the project’s duration. AIM will design and develop notification materials which may include but are not limited to flyers, posters, social media content and webpage updates. Materials can be developed in both English and Spanish.

Community Survey (In between Workshop 1 & 2)
After initial feedback is received and the potential list of roundabout locations are drafted, an online survey will be developed to solicit community feedback on proposed roundabout locations and design features (such as landscaping and community art)
The survey shall be accessible in both digital and hard copy formats in both Spanish and English. Hard copies will be distributed in community centers, local and regional faith-based institutions, and other organizations to identified maximize participation and reach demographic groups less likely to participate in public outreach activities. At the conclusion of community survey, AIM will develop a comprehensive summary which will include all input obtained.

This scope assumes the City will handle any fees related to securing the meeting venues for in-person events, which includes obtaining insurance certificates.

ITEM 9.2.

ATTACHMENT 2
Contract No. 2022-61

Task Deliverables:
⁄ Stakeholder database
⁄ Project webpage
⁄ Three community workshops and associated communication collateral ⁄ Community Survey
Task 4: Draft and Final Plan
PURPOSE: Compile draft Roundabout Feasibility Study and Priority Implementation Plan, documenting the data collection, technical analysis, and community engagement carried out to develop the plan.

Task 4.1: Draft Plan and Roundabout Guidelines
Kittelson will assemble the draft roundabout feasibility study and priority implementation plan. The plan will include:
⁄ Data collected and analyzed to develop priority location list ⁄ Analysis conducted, including detailed analysis and concepts as exhibits or appendix items ⁄ Public and stakeholder input and engagement received in plan development Kittelson will work with the City to document recommended guidelines for future roundabout evaluation in the City. The guidelines will be developed based on the process conducted in Tasks 1, 2, and 3 in this project. The roundabout guidelines will include recommendations for consideration of roundabouts in comparison to alternatives, and it may outline City-specific design criteria (such as performance targets or design vehicle characteristics) as directed by the City. The document will refer to national reference manuals (e.g., NCHRP Report 672) for design guidance.

Task 4.2: Draft Plan Review Meeting
Kittelson will work with the City to coordinate a joint session among different stakeholder groups including the general public to review the draft plan and conceptual design alternatives. Following a designated review period, Kittelson will compile a tracking matrix detailing comments received and a plan to address comments.

Task 4.3: Final Plan and Roundabout Guidelines
Kittelson will address the City’s comments on the Draft Plan to produce the Final Plan document.

Task 4 Deliverables:
⁄ Draft Roundabout Feasibility Study & Implementation Plan ⁄ Meeting Minutes and Comments from Stakeholders
⁄ Comment and Revision Matrix
⁄ Final Roundabout Feasibility Study & Implementation Plan ⁄ Final Roundabout Guidelines
Task 5: Board Review/Approval
PURPOSE: Present the final Roundabout Feasibility Study and Implementation Plan and Conceptual Design Concepts.

With the plan finalized, Kittelson will assist City staff with presenting the plan and guidelines to Rancho Cordova City Council for final approval. Kittelson will present the proposed roundabout locations and the ITEM 9.2.

ATTACHMENT 2
Contract No. 2022-61

final plan to the Council and will complete one final revision to the plan based on comments received.

This task assumes the City Council meeting will be held in-person and that comments received from Council will be straightforward in nature (i.e., not require substantial revisiting of previously completed work). This task also assumes one Kittelson staff will be present at the City Council meeting, which will be held in person and will be up to 4 hours long.

Task 5 Deliverables:
⁄ City Council agenda package
⁄ PowerPoint presentation
⁄ Attendance at City Council meeting (assumed to be held in person) ⁄ Meeting Minutes
⁄ Revised final Roundabout Feasibility Study and Implementation Plan Schedule
Figure 6 shows Kittelson’s proposed schedule for accomplishing tasks within the desired timeline.

Figure 6: Kittelson project schedule.

9. Required Statements
The Kittelson team (constituting Kittelson & Associates, Inc., as prime consultant, and AIM Consulting, Inc., as subconsultant) confirms its ability to fulfill the indemnification and insurance requirements contained in Section 5 of the Sample Contract (Attachment C of the RFQ).

10. Cost Proposal
Kittelson’s cost proposal has been submitted in a separate sealed envelope.

ITEM 9.2.

ATTACHMENT 2
Contract No. 2022-61

Professional Services Agreement between June 6, 2022
City of Rancho Cordova and Kittelson & Associates, Inc. --Exhibit B Page 1 of 1

EXHIBIT B

COMPENSATION SCHEDULE

ITEM 9.2.

ATTACHMENT 2
Contract No. 2022-61

Project Name: Rancho Cordova Roundabout Study
Project Manager: Mike Alston
KAI Project Number: 27668
Date: May 03, 2022
LABOR ESTIMATE - Rancho Cordova Roundabout Study
Steyn,
Hermanus
Scarbrough,
Wade
Associate
Engineer/Plann
er
Braughton,
Matthew Alston, Michael Engineer/Plann
er
Transportation
Analyst Gladys Cornell Darlene Tran, Katie DeMaio Outreach Manager
Outreach
Coordinator
Task Notes Staff HJS WES MYB MGA 02 Consultant Procurement

02.1 Project Kickoff Meeting 4 4 8 $1,545

02.2 Consultant Coordination 0 $0
Reimbursable Expense $0
Task #02 - Subtotal 0 4 0 0 4 0 0 0 0 0 0 0 8 $1,545
1 Existing Conditions

1.1 Develop Intersection Crash Severity Scores 4 10 8 20 42 $6,791

1.1 Obtain data and organize database 2 4 6 16 28 $4,347

1.2 Draft Existing Conditions and Screening Memo 2 2 10 6 20 40 $6,528

1.2 Final Existing Conditions and Screening Memo 2 2 4 4 16 28 $4,524 Reimbursable Expense $0
Task #1 - Subtotal 4 10 0 28 24 0 72 0 0 0 0 0 138 $22,190 2 Analysis

2.1 Develop List of Potential Locations 2 4 12 12 10 24 64 $10,521

2.2 Operations/feasibility analysis (up to 5 locations) 2 4 6 8 16 16 52 $8,842

2.2 Develop up to 10 concepts (5 locations) 6 12 6 16 30 30 100 $17,130

2.2 Develop up to four total isometric renderings 2 6 8 24 40 $5,979

2.3 Develop Priority List 8 16 16 40 $6,107

2.4 Identify Potential Funding Sources 2 8 8 12 30 $4,897 Reimbursable Expense $0
Task #2 - Subtotal 10 24 12 20 58 80 122 0 0 0 0 0 326 $53,477 3 Public Outreach
Outreacn Management 4 12 3 0 17 7 3 46 $6,378
Stakeholder identification/database/communication 2 0 9 16 12 39 $3,879 Community workshops/stakeholder meeting 24 22 12 52 66 71 247 $28,038 Communication Collateral 12 4 6 8 16 10 56 $6,651
Community Survey 3 0 9 26 30 68 $6,374
Project Website 6 4 8 6 12 36 $4,236
Reimbursable Expense $1,500
Subconsultant Task #3 - Subtotal 0 4 0 0 36 0 12 40 22 103 137 138 492 $57,055 4 Draft and Final Plan

4.1 Draft Plan 6 12 16 18 20 72 $12,472

4.1 Draft Roundabout Guidelines 8 16 14 16 16 70 $12,661

4.2 Draft Plan Review Meeting and Plan revisions 2 6 4 12 24 $4,109

4.3 Final Roundabout Guidelines 2 8 8 8 26 $4,677
*Work Task 5* 0 $0
Reimbursable Expense $0
Task #4 - Subtotal 18 42 0 0 42 34 56 0 0 0 0 0 192 $33,919 5 Board Review/Approval
Prepare meeting materials, attend meeting, provide minutes 1 10 4 15 $2,424 Revised final plan with Council comments addressed 1 4 8 13 $1,962 Reimbursable Expense $0
Task #5 - Subtotal 0 2 0 0 14 0 12 0 0 0 0 0 28 $4,386
TOTAL HOURS 32 86 12 48 178 114 274 40 22 103 137 138
LABOR RATE $255.03 $219.67 $224.44 $188.82 $166.58 $163.84 $134.56 $173.62 $181.05 $123.00 $94.05 $76.68 LABOR COST $8,161 $18,892 $2,693 $9,063 $29,651 $18,678 $36,869 $6,945 $3,983 $12,670 $12,885 $10,582 1,184 $171,072 Rates shown above are for budgeting purposes only. Additional staff may be billed at the time services are performed. $1,500
$115,517
$57,055
$172,572

TOTAL PROJECT BUDGET

TOTAL HOURS

TOTAL KAI FEES

TOTAL SUB FEES

TOTAL LABOR

TOTAL REIMBURSABLES
Project Budget Form

WORK TASK/

TASK HOURS

WORK TASK/

TASK COST
Kittelson & Associates, Inc. AIM Consulting
Kittelson & Associates Inc.

ITEM 9.2.

ATTACHMENT 2
Contract No. 2022-61

MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 9.3.

DATE: June 6, 2022

TO: Honorable Mayor and Council Members

FROM: Albert Stricker, Public Works Director
Dalia Fadl, Principal Engineer

SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 58-2019-1 WITH COASTLINE WATER
RESOURCES, INC. TO EXTEND THE CONTRACT TERM FROM JUNE
30, 2022, TO JUNE 30, 2023, WHICH RESULTS IN AN INCREASE TO THE CONTRACT AMOUNT FROM $1,285,710 TO AN AMOUNT NOT
TO EXCEED $1,835,000 FOR CITYWIDE STORM DRAIN

MAINTENANCE SERVICES

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would authorize the City Manager to execute Contract Amendment No. 58-2019-1 to extend the contract term from June 30, 2022, to June 30, 2023, which results in an increase to the contract amount from $1,285,710 to an amount not to exceed $1,835,000, for the provision of storm drain maintenance services by Coastline Water Resources, Inc. to promote livability in the City.

BACKGROUND

The City of Rancho Cordova’s storm drain system includes more than 250 miles of underground pipes, six pump stations, six regional flood control basins, and more than 70 acres of creek channels or tributaries to the American River. Water flows to the river through the channels without additional treatment or filtration, so effective maintenance of the system is essential for preventing trash, debris, or pollutants from eventually reaching the American River.

The work conducted under this contract includes furnishing all labor, materials, tools, and equipment to perform services comprised of routine cleaning of structures and pipes, closed- circuit television inspection, miscellaneous repairs, and emergency response within City- maintained stormwater facilities, including but not limited to pipes, inlets, culverts, bridges, and manholes as well as other items as designated by the City engineer.

On October 7, 2019, City Council approved Contract No. 2019-58 for an amount not to exceed

City Council Staff Report - Page 2 of 2
$1,285,710 with Coastline Water Resources, Inc. for storm drain maintenance services over a three-year contract term. Coastline Water Resources, Inc. has provided an excellent performance record and an effective understanding of the City’s desired level of service. The City is seeking to execute a contract amendment with Coastline Water Resources, Inc. to extend the contract term from June 30, 2022, to June 30, 2023, which results in an increase to the contract amount from $1,285,710 to an amount not to exceed $1,835,000. The time extension and cost increase are necessary to provide ongoing storm drain maintenance services.

FISCAL IMPACT AND FUNDING SOURCE

Funding for the contract will be from the City’s Stormwater Utility Fund. There is no impact to the City’s general fund.

ATTACHMENT(S)

1. Resolution

2. Contract No 58-2019-1

ITEM 9.3. ATTACHMENT 1 Resolution No. XX-2022 Page 1 of 2

CITY OF RANCHO CORDOVA

RESOLUTION NO. XX-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE

OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 58-2019-1 WITH COASTLINE WATER RESOURCES, INC. TO EXTEND THE CONTRACT TERM FROM JUNE 30, 2022, TO JUNE 30, 2023, WHICH RESULTS IN AN INCREASE TO THE CONTRACT AMOUNT FROM $1,285,710 TO AN AMOUNT NOT TO EXCEED $1,835,000 FOR CITYWIDE STORM DRAIN MAINTENANCE SERVICES

WHEREAS, the City entered into Contract No. 58-2019 with Coastline Water Resources, Inc. on October 7, 2019 in the amount of $1,285,710 to provide citywide storm drain maintenance services; and

WHEREAS, the scope of work includes all labor, materials, tools, and equipment to perform services comprised of routine cleaning of structures and pipes, closed-circuit television inspection, miscellaneous repairs, and emergency response within city-maintained stormwater facilities; and

WHEREAS, Coastline Water Resources, Inc. has provided an excellent performance record and an effective understanding of the city’s desired level of service; and

WHEREAS, the City wishes to extend the contract term from June 30, 2022 to June 30, 2023; and

WHEREAS, the City wishes to increase the maximum compensation amount from $1,285,710 to an amount not to exceed $1,835,000; and

WHEREAS, the amount exceeds the maximum amount that the City Manager has authorization to approve; and
WHEREAS, the contract will be funded through the City’s Stormwater Utility Fund; and

WHEREAS, there are sufficient funds budgeted to cover the cost of the contract amendment.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract Amendment No. 58-2019-1 with Coastline Water Resources, Inc. in a form approved by the City Attorney to extend the contract term from June 30, 2022 to June 30, 2023, which results in an increase to the contract amount from $1,285,710 to an amount not to exceed $1,835,000 for storm drain maintenance services.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 6th day of June 2022 by the following vote:

AYES:

NOES:

ITEM 9.3. ATTACHMENT 1 Resolution No. XX-2022 Page 2 of 2 ABSENT:

ABSTAIN:

ATTEST:

Donald Terry, Mayor

Stacy Leitner, CMC
City Clerk

FIRST AMENDMENT TO THE GENERAL SERVICES AGREEMENT
BETWEEN THE CITY OF RANCHO CORDOVA AND COASTLINE WATER RESOURCES, INC.

FOR STORM DRAIN MAINTENANCE SERVICES
This Fi
rst Amendment to the General Services Agree ment (“Amendment”) is made by and between the City of Rancho Cordova (“City”) and Coastline Water Resources, Inc. (“Contractor”) as of June 6, 2022. City and Contractor are hereinafter collectively referred to as the "Parties."

RECITAL
S

WHEREAS
, the Parties entered into a General Services Agreement (“G SA”) No. 58-2019 dated October 7, 2019 to provide storm drainage system maintenance services; and

WHEREAS
, the scope of work includes routine cleaning of structures and pipe, closed-circuit television inspection, miscellaneous repairs, and emergency response within the City-maintained storm drainage system; and

WHEREAS
, Coastline Water Resources, Inc. has provided an excellent performance record and an effective understanding of the city’s desired level of services; and

WHEREAS
, the City wishes to extend the contract term from June 30, 2022 to June 30, 2023; and

WHEREAS
, the City wishes to increase the maximum compensation amount from $1,285,710 to an amount not to exceed $1,835,000; and

WHEREAS
, the Parties agree that changes to the term and services provided for in the GSA are necessary in order for the City to continue receiving services by Contractor.

NOW,
THEREFORE, the Parties hereto agree as follows:

AGREEMEN
T

1. The Part
ies agree to modify the end date of the GSA from June 30, 2022 to June 30, 2023. The first sentence of Section 2 of the GSA, “Term,” is amended to read as follows:
"The term
of this Agreement shall begin on the date first noted above and shall end on June 30, 2023 unless the term of the Agreement is otherwise terminated at provided for in Section 10.”

2. Sect
ion 4 of the GSA, “Compensation of Contractor,” provides for the City to pay Contractor One Million Two Hundred Eighty-Five Thousand Seven Hundred Ten Dollars ($1,285,710). The Parties agree to amend Section 2 of the G SA in order to increase the compensation amount to pay Contractor for additional services. The first sentence of Section 4 of the GSA is amended to read as follows:

ITEM 9.3.

ATTACHMENT 2
Contract No. 58-2019-1

"The Contr
actor shall be paid One Million, Eight Hundred Thirty -Five Thousand Dollars ($1,835,000) for performance of the Services pursuant to this Agreement.”

3. All
other terms and conditions in the G SA shall remain in full force and effect to the extent they are not in conflict with this Amendment.

4. The signat
ures of the Parties to this Amendment may be executed and acknowledged on separate pages or in counterparts which, when attached to this Amendment, shall constitute one complete Amendment.

IN WI
TNESS WHEREOF, the Parties have executed this Amendment on the day and year first above written.

CITY O

F RANCHO CORDOVA CONTRACTOR
__________________
__________ ______________________________
Cyrus Abhar, City Manager Jeremy Jaeger, President
Date:
__________________ Date:__________________
Attes
t:
__________________
__________
Stacy Leitner, CMC, City Clerk
Date:
__________________
Approv
ed as to Form:
__________________
__________
Adam U. Lindgren, City Attorney
Date:
__________________
ITEM 9.3.

ATTACHMENT 2
Contract No. 58-2019-1

MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 9.4.

DATE: June 6, 2022

TO: Honorable Mayor and Council Members

FROM: Albert Stricker, Public Works Director
Steve Harriman, Public Works Division Manager

SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 74-2016-4 WITH THE SACRAMENTO

REGIONAL TRANSIT DISTRICT TO INCREASE THE CONTRACT
AMOUNT FROM $563,120 TO AN AMOUNT NOT TO EXCEED
$756,160 FOR CONTINUED LIGHT RAIL STATION CLEANING AND

MAINTENANCE SERVICES

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would authorize the City Manager to execute Contract Amendment No. 74-2016-4 with the Sacramento Regional Transit District (RT) for continued light rail station maintenance services. The current contract term between the City and RT expires on June 30, 2025. This amendment increases the contract amount from $563,120 to an amount not to exceed $756,160 to fund the remaining two years of the contract term.

BACKGROUND

Since April 2015, RT has contracted with the City for the cleaning and general maintenance of the four light rail stations and the RT soundwall in Rancho Cordova. The work scope includes litter and graffiti removal, emptying trash cans, and landscape maintenance. City maintenance crews visit each of the four stations daily, Monday through Friday, to maintain the cleanliness and appearance of the stations. City landscape crews also visit each of the four stations weekly, including additional time at the Mather/Mills and Sunrise stations to maintain the landscaped areas within the parking lots. The City’s prompt response to graffiti and other maintenance issues ensures the stations and soundwall remain an asset to the community and provide a positive impression to the thousands of riders who travel through Rancho Cordova daily.

The term of the current contract extends through June 30, 2025. The amendment only increases the contract amount, allowing the City to continue providing light rail station cleaning and maintenance services through June 30, 2025.

FISCAL IMPACT AND FUNDING SOURCE

City Council Staff Report - Page 2 of 2

The proposed amendment has no fiscal impact on the General Fund. RT pays quarterly in advance to the City for services rendered.

ATTACHMENT(S)

1. Resolution

ITEM 9.4. ATTACHMENT 1 Resolution No. XX-2022 Page 1 of 2

CITY OF RANCHO CORDOVA

RESOLUTION NO. XX-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA,

STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 74-2016-4 WITH THE SACRAMENTO REGIONAL TRANSIT DISTRICT TO INCREASE THE CONTRACT AMOUNT FROM $563,120 TO AN AMOUNT NOT TO EXCEED $756,160 FOR CONTINUED LIGHT RAIL STATION CLEANING AND

MAINTENANCE SERVICES

WHEREAS, the Sacramento Regional Transit District (“RT”) has contracted with the City of Rancho Cordova since April, 2015 for cleaning and general maintenance services of the four light rail stations and the RT sound wall in Rancho Cordova; and

WHEREAS, Amendment No. 1, executed on December 19, 2017, extended the contract to June 30, 2020, and increased the contract amount from $161,040 to $370,080; and

WHEREAS, Amendment No. 2, executed on June 30, 2020, extended the contract to June 30, 2025, and increased the contract amount from $370,080 to $466,600; and

WHEREAS, Amendment No. 3, executed on June 23, 2021, increased the contract amount from $466,600 to $563,120; and

WHEREAS, the collaboration between the City and RT has proven effective in improving the cleanliness and appearance of the four light rail stations and the RT sound wall in Rancho Cordova; and
WHEREAS, the term of the current contract extends through June 30, 2025, and the amendment increases the contract amount from $563,120 to an amount not to exceed $756,160 to allow the City to continue to provide light rail station cleaning and maintenance services through June 30, 2025; and
WHEREAS, the services will exceed the maximum amount the City Manager is authorized to approve; and
WHEREAS, the amendment has no impact on the general fund.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract Amendment No. 74-2016-4 with the Sacramento Regional Transit District to increase the contract amount from $563,120 to a not to exceed amount of $756,160 in a form approved by the City Attorney.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 6th day of June 2022 by following vote:

AYES:

NOES:

ITEM 9.4. ATTACHMENT 1 Resolution No. XX-2022 Page 2 of 2 ABSENT:

ABSTAIN:

ATTEST:

Donald Terry, Mayor

Stacy Leitner, CMC
City Clerk

MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 9.5.

DATE: June 6, 2022

TO: Honorable Mayor and Council Members

FROM: Albert Stricker, Public Works Director
Dalia Fadl, Principal Engineer

SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 59-2019-1 FOR PROFESSIONAL
SERVICES WITH H2O URBAN SOLUTIONS, INC. TO EXTEND THE
CONTRACT TERM FROM JUNE 30, 2022, TO DECEMBER 31, 2022,

WHICH WILL RESULT IN AN INCREASE TO THE CONTRACT
AMOUNT FROM $366,780 TO AN AMOUNT NOT TO EXCEED
$417,000 FOR CITYWIDE STORM DRAIN PUMP STATION

OPERATIONS & MAINTENANCE

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would Authorize the City Manager to Execute Contract Amendment No. 59-2019-1 to Extend the Contract term from June 30, 2022, to December 31, 2022, which Results in an Increase to the Contract Amount from $366,780 to an Amount not to Exceed $417,000, for the Provision of Storm Drain Pump Station Operations and Maintenance Services by H2O Urban Solutions, Inc. to Promote Livability in the City.

BACKGROUND

The City of Rancho Cordova’s storm drain system includes more than 250 miles of underground pipes, six pump stations, six regional flood control basins, and more than 70 acres of creek channels or tributaries to the American River. The City’s six pump stations serve a critical flood control function for several drainage watersheds throughout the City.

The work conducted under this contract includes performing routine inspections, operations, maintenance, and record keeping for the City’s six storm drain pump stations and SCADA system, on-call emergency response, regulatory compliance, repair and upgrade coordination, as well as other items as designated by the City engineer.

On June 17, 2019, City Council approved Contract No. 59-2019 in an amount not to exceed $366,780 with H2O Urban Solutions, Inc. for storm drain pump station operations and maintenance services over a three-year contract term. Extension of the contract term is necessary for continuity of citywide pump station operations and maintenance during the City’s

City Council Staff Report - Page 2 of 2
selection process through a new Request For Proposals. The City is seeking to execute a contract amendment with H2O Urban Solutions, Inc. to extend the contract term from June 30, 2022, to December 31, 2022, which results in an increase to the contract amount from $366,780 to an amount not to exceed $417,000. The time extension and cost increase are necessary to provide ongoing citywide storm drain pump station operations and maintenance services.

FISCAL IMPACT AND FUNDING SOURCE

Funding for the contract would be from the City’s Stormwater Utility Fund. There is no impact to the City’s general fund.

ATTACHMENT(S)

1. Resolution

2. Contract 59-2019-1

ITEM 9.5. ATTACHMENT 1 Resolution No. XX-2022 Page 1 of 2

CITY OF RANCHO CORDOVA

RESOLUTION NO. XX-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE

OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 59-2019-1 WITH H2O URBAN SOLUTIONS, INC. TO EXTEND THE CONTRACT TERM FROM JUNE 30, 2022, TO DECEMBER 31, 2022, WHICH RESULTS IN AN INCREASE TO THE CONTRACT AMOUNT FROM $366,780 TO AN AMOUNT NOT TO EXCEED $417,000 FOR CITYWIDE STORM DRAIN PUMP STATION OPERATIONS AND

MAINTENANCE SERVICES

WHEREAS, the City entered into Contract No. 59-2019 with H2O Urban Solutions, Inc. on June 17, 2019 in the amount of $366,780 to provide citywide storm drain pump station operations and maintenance services; and

WHEREAS, the scope of work includes all labor, materials, tools, and equipment to perform services comprised of routine inspections, operations, maintenance, and record keeping for the City’s six storm drain pump stations and SCADA system, on-call emergency response, regulatory compliance, repair and upgrade coordination, as well as other items as designated by the City engineer; and

WHEREAS, extension of the contract term is necessary for continuity of citywide pump station operations and maintenance during the City’s selection process through a new Request For Proposal; and

WHEREAS, the City wishes to extend the contract term from June 30, 2022 to December 31, 2022; and

WHEREAS, the City wishes to increase the maximum compensation amount from $366,780 to an amount not to exceed $417,000; and
WHEREAS, the amount exceeds the maximum amount that the City Manager has authorization to approve; and
WHEREAS, the contract will be funded through the City’s Stormwater Utility Fund; and WHEREAS, there are sufficient funds budgeted to cover the cost of the contract amendment.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract Amendment No. 59-2019-1 with H2O Urban Solutions, Inc. in a form approved by the City Attorney to extend the contract term from June 30, 2022, to December 31, 2022, which results in an increase to the contract amount from $366,780 to an amount not to exceed $417,000 for citywide storm drain pump station operations and maintenance services.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 6th day of June 2022 by following vote:

ITEM 9.5. ATTACHMENT 1 Resolution No. XX-2022 Page 2 of 2 AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Donald Terry, Mayor

Stacy Leitner, CMC
City Clerk

FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF RANCHO CORDOVA AND H2O URBAN SOLUTIONS, INC.

FOR CITYWIDE STORM DRAIN PUMP STATION OPERATIONS AND

MAINTENANCE SERVICES
This Fir
st Amendment to the Agreement for Professional Services (“Amendment”) is made by and between the City of Rancho Cordova (“City”) and H2O Urban Solutions Inc., a California Corporation (“Professional”) as of June 6, 2022. City and Professional are hereinafter collectively referred to as the "Parties."

RECITALS

WHEREAS,
the Parties entered into a Professional Services Agreement (“P SA”) dated June 17, 2019, for the purpose of providing citywide storm drain pump station operations and maintenance services; and
WHEREAS, th
is First Amendment will allow the Parties to extend the end date of the PSA from June 30, 2022 to December 31, 2022 to provide continuity of storm drain pump station operations and maintenance services during the City’s selection process through a new Request For Proposals; and

WHEREAS,
the Parties agree that changes to the term and services provided for in the P SA are necessary in order for the City to continue receiving services by the Professional.

NOW, T
HEREFORE, the Parties hereto agree as follows:

AGREEMENT

1. The Parti
es agree to modify the end date of the PSA from June 30, 2022, to December 31, 2022.

The first sentence of Section 1.1 of the PSA, “Term of Service,” is amended to read as follows:
"The term of this Agreement shall begin on the date first noted above and shall end on December 31, 2022. Professional shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided in Section 8."

2. Secti
on 2 of the PSA, “Compensation,” provides for the City to pay Professional a sum not to exceed $366,780. The Parties agree to amend Section 2 of the P SA in order to increase the compensation amount to pay Professional for additional services. The first sentence of Section 2 of the PSA is amended to read as follows:
"City
hereby agrees to pay Professional a sum not to exceed Four Hundred Seventeen Thousand Dollars ( $417,000), notwithstanding any contrary indication that may be ITEM 9.5.

ATTACHMENT 2
Contract No. 59-2019-1

co
ntained in
Professional’s proposal, for services to be performed and reimbursable costs incurred under this Agr eement.”

3. All other
terms and conditions in the PSA shall remain in full force and effect to the extent they are not in conflict with this Amendment.

4. The signature
s of the Parties to this Amendment may be executed and acknowledged on separate pages or in counterparts which, when attached to this Amendment, shall constitute one complete Amendment.

5. Contract Administration. This Agreement shall be administered by Dalia Fadl ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

Notices. Any written notice to Professional shall be sent to:

Scott Mye
rs
H2O Urban Solutions, Inc.

PO Box 551310
S Lake Tahoe, CA 96150
Email Address (for Insurance Update Requests):
[email protected]
Any wri
tten notice to City shall be sent to:

Dalia Fadl
Publ
ic Works Department
City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, CA 95670

SIGNATURE PAG

E FOLLOWING
ITEM 9.5.

ATTACHMENT 2
Contract No. 59-2019-1

IN WIT
NESS WHEREOF, the Parties have executed this Amendment on the day and year first above written.

CITY OF

RANCHO CORDOVA PROFESSIONAL
______________________
______ ______________________________
Cyrus Abhar, City Manager Trina Myers, President
Date:______
____________ Date:__________________
Attest:
______________________
______
Stacy Leitner, CMC, City Clerk
Date:__________________
Approved as to Form:
______________________
______
Adam U. Lindgren, City Attorney
Date:__________________
ITEM 9.5.

ATTACHMENT 2
Contract No. 59-2019-1

MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 9.6.

DATE: June 6, 2022

TO: Honorable Mayor and Council Members

FROM: Albert Stricker, Public Works Director
Steve Harriman, Public Works Division Manager

SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2022-51 WITH THE SACRAMENTO TREE
FOUNDATION IN AN AMOUNT NOT TO EXCEED $450,000 FROM
JULY 1, 2022 THROUGH JUNE 30, 2025 FOR COMMUNITY

ENGAGEMENT AND TREE PLANTING SERVICES TO ENHANCE
AND IMPROVE THE CITY’S URBAN FOREST

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would authorize the City Manager to execute contract no. 2022-51 with the Sacramento Tree Foundation in an amount not to exceed $450,000 for community engagement services. The term of the new contract is July 1, 2022 through June 30, 2025.

BACKGROUND

The Sacramento Tree Foundation has been under contract to the City since 2017 to assist with the City’s Urban Forest Program. The services provided by the Tree Foundation include: 1) outreach and engagement with residents, neighborhood associations, businesses, schools, parks, and churches to provide education on the City’s partnership with the Tree Foundation; 2) assistance with grant administration, the urban forest advisory committee, the stump removal program, development of public education materials, and technical assistance on various urban forest issues; 3) coordinating community planting events by recruiting and training volunteers, assisting with the selection of tree species and planting locations, and providing team leaders, tools and vehicles; and 4) hosting tables at community events to promote the urban forest program and offering classes on tree pruning and maintenance.

The City Council approved the Urban Forest Master Plan on March 21, 2022, which included a recommendation to transition the City Arborist and Tree Foundation staff members to full-time positions. The proposed contract therefore includes a full-time Tree Foundation staff position to provide additional resources for the planning and implementation of urban forest projects in Rancho Cordova.

FISCAL IMPACT AND FUNDING SOURCE

City Council Staff Report - Page 2 of 2

This contract is funded by the Public Works operating budget and in-lieu tree mitigation fees and has no impact on the General Fund.

ATTACHMENT(S)

1. Resolution

2. Contract No. 2022-51

ITEM 9.6. ATTACHMENT 1 Resolution No. XX-2022 Page 1 of 1

CITY OF RANCHO CORDOVA

RESOLUTION NO. XX-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2022-51 WITH THE SACRAMENTO TREE FOUNDATION IN AN AMOUNT NOT TO EXCEED $450,000 FOR COMMUNITY ENGAGEMENT SERVICES FROM JULY 1, 2022 THROUGH JUNE 30, 2025
WHEREAS, the City and the Sacramento Tree Foundation entered into a Professional Services Agreement in 2017 for community engagement services for the City’s urban forest program; and
WHEREAS, the City and the Tree Foundation have developed a strong partnership to enhance and improve the City’s urban forest; and
WHEREAS, the City’s urban forest master plan was adopted by the City Council on March 21, 2022 and recommends full-time positions for the City Arborist and Tree Foundation staff to provide additional resources for the planning and implementation of urban forest projects; and
WHEREAS, this contract will allow the Tree Foundation to continue to assist the City with community engagement services for the City’s Urban Forest Program; and WHEREAS, those services will exceed the maximum amount the City Manager is authorized to approve.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract No. 2022-51 with the Sacramento Tree Foundation in an amount not to exceed $450,000 for community engagement services from July 1, 2022 through June 30, 2025.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 6th day of June 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Donald Terry, Mayor

Stacy Leitner, CMC
City Clerk

ITEM 9.6. ATTACHMENT 2 Contract No.: 2022-51
Professional Services Agreement between June 6, 2022
City of Rancho Cordova and Sacramento Tree Foundation Page 1

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF RANCHO CORDOVA AND THE SACRAMENTO TREE FOUNDATION

FOR COMMUNITY ENGAGEMENT SERVICES
THIS AGREEMENT for consulting services is made by and between the City of Rancho Cordova, a California municipal corporation (“City”), and Sacramento Tree Foundation (“Professional”) as of June 6, 2022.

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Professional shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

Section 2. TERM. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2025. Professional shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 10. The time provided to Professional to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 11.

Section 3. STANDARD OF PERFORMANCE.

3.1 Standard of Performance. Professional shall perform all services and prepare all work products required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Professional is engaged in the geographical area in which Professional practices its profession.

3.2 Assignment of Personnel. Professional shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Professional shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

Section 4. COMPENSATION. City hereby agrees to pay Professional a sum not to exceed $450,000 (Four hundred fifty thousand dollars) notwithstanding any contrary indications that may be contained in Professional’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Professional’s proposal, attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail.

Professional and City acknowledge and agree that compensation paid by City to Professional under this Agreement is based upon Professional’s costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Professional. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Professional and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

4.1 Invoices. Professional shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs

ITEM 9.6. ATTACHMENT 2 Contract No.: 2022-51
Professional Services Agreement between June 6, 2022
City of Rancho Cordova and Sacramento Tree Foundation Page 2

incurred prior to the invoice date, which describe the work performed by Professional. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Professional.

4.4 Reimbursable Expenses. Reimbursable expenses, if any, are set forth in Exhibit B, and shall not exceed ($0.00). Expenses not listed in Exhibit B are not chargeable to City.

Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

4.5 Payment upon Termination. In the event that the City or Professional terminates this Agreement pursuant to Section 10, the City shall compensate the Professional for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Professional shall maintain adequate logs and timesheets in order to verify costs incurred to that date.

4.6 Authorization to Perform Services. The Professional is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

Section 5. FACILITIES AND EQUIPMENT. Except as set forth herein, Professional shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Professional only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Professional shall have an assigned workstation, with computer and telephone equipment, in Rancho Cordova City Hall or at the Public Works Corporation Yard.

Section 6. INSURANCE REQUIREMENTS. Professional shall comply with the insurance requirements contained in Exhibit C and shall procure, at its own cost and expense all insurance coverages listed in Exhibit C before beginning any work under this Agreement.

Section 7. INDEMNIFICATION.

7.1 General Requirement. Professional shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Professional or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Professional shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Professional or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Professional to

ITEM 9.6. ATTACHMENT 2 Contract No.: 2022-51
Professional Services Agreement between June 6, 2022
City of Rancho Cordova and Sacramento Tree Foundation Page 3

indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Professional from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Professional acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

7.2 PERS Indemnification. In the event that Professional or any employee, agent, or subcontractor of Professional providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of City, Professional shall indemnify, defend, and hold harmless City for the payment of any and all employee and/or employer contributions for PERS benefits on behalf of Professional or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and any attorneys’ fees and costs incurred by the City to enforce this Section.

7.3 Design Professional. Notwithstanding Section 8.1 and 8.2, to the extent that the services under this Agreement include design professional services subject to California Civil Code Section 2782.8, as may be amended from time to time, Professional’s duty to indemnify shall only be to the maximum extent permitted by California Civil Code Section 2782.8.

Section 8. STATUS OF PROFESSIONAL.

8.1 Independent Contractor. At all times during the term of this Agreement, Professional shall be an independent contractor as defined in Labor Code Section 3353, and shall not be an employee of the City. Nothing contained in this Agreement shall be construed to be inconsistent with the foregoing relationship or status. City shall have the right to control Professional only insofar as the results of Professional's services rendered pursuant to this Agreement; however, otherwise City shall not have the right to control the means and methods by which Professional accomplishes services rendered pursuant to this Agreement. Professional shall have no power or authority by this Agreement to bind the City in any respect. All employees and agents hired or retained by Professional are employees and agents of Professional and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Professional by any such employees or agents, or any other person resulting from performance of this Agreement.

Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Professional and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Professional shall not allow any employee, agent or subcontractor to become eligible for a claim for PERS benefits.

ITEM 9.6. ATTACHMENT 2 Contract No.: 2022-51
Professional Services Agreement between June 6, 2022
City of Rancho Cordova and Sacramento Tree Foundation Page 4

8.2 Professional Not an Agent. Except as City may specify in writing, Professional shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Professional shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 9. LEGAL REQUIREMENTS.

9.1 Governing Law. The laws of the State of California shall govern this Agreement.

9.2 Compliance with Applicable Laws. Professional and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder. Professional’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.

9.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Professional and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

9.4 Licenses and Permits. Professional represents and warrants to City that Professional and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Professional represents and warrants to City that Professional and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Professional and any subcontractors shall obtain and maintain a valid Business License from City during the term of this Agreement.

9.5 Nondiscrimination and Equal Opportunity. Professional shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Professional under this Agreement. Professional shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Professional thereby. Professional shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

Section 10. TERMINATION AND MODIFICATION.

10.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Professional. Professional may cancel this Agreement upon 60 days’ written

ITEM 9.6. ATTACHMENT 2 Contract No.: 2022-51
Professional Services Agreement between June 6, 2022
City of Rancho Cordova and Sacramento Tree Foundation Page 5

notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Professional shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Professional delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Professional or prepared by or for Professional or the City in connection with this Agreement.

10.2. Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Section 2. Any such extension shall require a written amendment to this Agreement, as provided for herein. Professional understands and agrees that, if City grants such an extension, City shall have no obligation to provide Professional with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Professional for any otherwise reimbursable expenses incurred during the extension period.

10.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

10.4 Assignment and Subcontracting. City and Professional recognize and agree that this Agreement contemplates personal performance by Professional and is based upon a determination of Professional’s unique personal competence, experience, and specialized personal knowledge. Professional may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Professional shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

10.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Professional shall survive the termination of this Agreement.

10.6 Options upon Breach by Professional. If Professional materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

10.6.1Immediately terminate the Agreement;

10.6.2Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Professional pursuant to this Agreement;

10.6.3Retain a different Professional to complete the work described in Exhibit A not finished by Professional; or

10.6.4Charge Professional the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Professional pursuant to Section 4 if Professional had completed the work.

ITEM 9.6. ATTACHMENT 2 Contract No.: 2022-51
Professional Services Agreement between June 6, 2022
City of Rancho Cordova and Sacramento Tree Foundation Page 6

Section 11. KEEPING AND STATUS OF RECORDS.

11.1 Records Created as Part of Professional’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Professional prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Professional hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Professional agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

11.2 Professional’s Books and Records. Professional shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Professional pursuant to this Agreement.

11.3 Inspection and Audit of Records. Any records or documents that Section 11.2 of this Agreement requires Professional to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City.

Section 12 MISCELLANEOUS PROVISIONS.

12.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

12.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Sacramento or in the United States District Court for the Eastern District of California.

12.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

ITEM 9.6. ATTACHMENT 2 Contract No.: 2022-51
Professional Services Agreement between June 6, 2022
City of Rancho Cordova and Sacramento Tree Foundation Page 7

12.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

12.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

12.6 Conflict of Interest. Professional may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Professional in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Professional shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

Professional hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Professional was an employee, agent, appointee, or official of the City in the previous twelve months, Professional warrants that it did not participate in any manner in the forming of this Agreement. Professional understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Professional will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Professional will be required to reimburse the City for any sums paid to the Professional. Professional understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code §1090 and, if applicable, will be disqualified from holding public office in the State of California.

12.7 Solicitation. Professional agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

12.8 Contract Administration. This Agreement shall be administered by Steve Harriman, Operations and Maintenance Division Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

12.9 Notices. Any written notice to Professional shall be sent to:

Jessica Sanders, Executive Director
Sacramento Tree Foundation
191 Lathrop Way, Suite D
Sacramento, CA 95815
(916) 924-8733
[email protected]

ITEM 9.6. ATTACHMENT 2 Contract No.: 2022-51
Professional Services Agreement between June 6, 2022
City of Rancho Cordova and Sacramento Tree Foundation Page 8

Any written notice to City shall be sent to:

Steve Harriman
Operations and Maintenance Division Manager
City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, CA 95670
(916) 851-8716
[email protected]

12.10 Professional Seal. Where applicable in the determination of the contract administrator or when required by law, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation.

12.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, the compensation schedule attached hereto and incorporated herein as Exhibit B, and the insurance requirements attached hereto and incorporated herein as Exhibit C represents the entire and integrated agreement between City and Professional and supersedes all prior negotiations, representations, or agreements, either written or oral.

12.12 IRS Form W-9. Professional shall complete and submit Internal Revenue Service Form W-9 to the City before execution of this Agreement. The City’s Finance Director shall have authority to waive this requirement.

ITEM 9.6. ATTACHMENT 2 Contract No.: 2022-51
Professional Services Agreement between June 6, 2022
City of Rancho Cordova and Sacramento Tree Foundation Page 9

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first set forth above, which date shall be considered by the Parties to be the effective date of this Agreement.

CITY OF RANCHO CORDOVA PROFESSIONAL
____________________________ ______________________________ Cyrus Abhar, City ManagerJessica Sanders, Executive Director Date: ____________________ Date: ____________________
Attest:
____________________________
Stacy Leitner, CMC, City Clerk
Date: ____________________
Approved as to Form:
____________________________
Adam Lindgren, City Attorney
Date: ____________________
Last Revised January 3, 2022

ITEM 9.6. ATTACHMENT 2 Contract No.: 2022-51
Professional Services Agreement between June 6, 2022
City of Rancho Cordova and Sacramento Tree Foundation Page 10

EXHIBIT A

SCOPE OF SERVICES
.

COMMUNITY ENGAGEMENT SERVICES
The project objective is to protect and enhance the City’s tree canopy through a comprehensive Urban Forest Program. The Professional will assist with visioning, building relationships with community stakeholders, and managing tree planting projects to meet the City’s objectives.

The Professional will assist with the following tasks at the Direction of the Contract Administrator:
a)Plant at least 365 trees per year in the city through a combination of residential shade trees, community planting events, and tree distributions to partner agencies. b)Conduct strategic planning in the first contract year to identify priority projects for the contract term that align with the goals and recommendations of the Urban Forester Master Plan (UFMP). Strategic planning will occur in the first contract year and will include the identification of 2 native oak reforestation project sites and sites that can accommodate at least 50 shade trees. The Professional and City will review the strategic plan together for approval and sequencing. c)Hold seven community-led volunteer events per year, including a combination of tree planting events, tree care events, educational opportunities and workshops, outreach tabling, and other activities as approved.
d)Perform follow-up care and outreach to previous tree recipients and project sites. This includes monitoring for survival, providing replacement trees, delivering watering supplies, applying or delivering mulch, removing stakes and re-staking, and providing educational resources to tree recipients.
e)Create and administer an Urban Forest Council (aka “Tree Campions” program) focused on giving input and direction to the City Tree Program regarding priorities from the UFMP, new development tree standards, retrofitting existing development for trees, and parking lot shade requirements and code enforcement. During the first two years of the contract term, build and cultivate partnerships with community stakeholders to facilitate creation of the Urban Forest Council and develop council structure. Community stakeholders may include school districts, park districts, chamber of commerce, large landholders, commercial property owners, multi-family residential properties, places of faith, community groups and residents, local non-profit organizations, and other important stakeholders as identified. By the third contract year, begin hosting twice yearly council meetings. f)Manage the City’s residential and commercial stump removal and tree replacement program, including outreach to property owners with stumps and coordination with the City’s contractor and the tree Foundation on scheduling stump removals and siting, delivering and plating replacement trees.

ITEM 9.6. ATTACHMENT 2 Contract No.: 2022-51
Professional Services Agreement between June 6, 2022
City of Rancho Cordova and Sacramento Tree Foundation Page 11

EXHIBIT B

COMPENSATION SCHEDULE
Position Title Fiscal Year 22/23
Hourly Billing Rates
Fiscal Year 23/24
Hourly Billing Rates
Fiscal Year 24/25
Hourly Billing Rates
Outreach Specialist $66.00 $67.98 $70.02
Program Manager $85.00 $87.55 $90.18
Hourly billing rates include vehicle mileage.

ITEM 9.6. ATTACHMENT 2 Contract No.: 2022-51
Professional Services Agreement between June 6, 2022
City of Rancho Cordova and Sacramento Tree Foundation Page 12

EXHIBIT C
Insurance Requirements
Before beginning any work under this Agreement, Professional, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Professional and its agents, representatives, employees, and subcontractors. Professional shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Professional shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Professional's bid.

Professional shall not allow any subcontractor to commence work on any subcontract until Professional has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City.

Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Professional shall maintain all required insurance listed herein for the duration of this Agreement.

1. Workers’ Compensation. Professional shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Professional. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Professional may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Professional, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.

An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.

The requirement to maintain Statutory Worker’s Compensation and Employer’s Liability Insurance. insurance may be waived by the City upon written verification that Professional does not have any employees.

2. Commercial General and Automobile Liability Insurance.

2.1 General requirements. Professional, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION

ITEM 9.6. ATTACHMENT 2 Contract No.: 2022-51
Professional Services Agreement between June 6, 2022
City of Rancho Cordova and Sacramento Tree Foundation Page 13

DOLLARS ($1,000,000.00). The commercial general liability and automobile liability insurance shall be per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a commercial general liability insurance or an automobile liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles.

2.2 Minimum scope of coverage. Commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage.

2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Professional, including the insured’s general supervision of Professional; products and completed operations of Professional; premises owned, occupied, or used by Professional; and automobiles owned, leased, or used by the Professional. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of Professional to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

ITEM 9.6. ATTACHMENT 2 Contract No.: 2022-51
Professional Services Agreement between June 6, 2022
City of Rancho Cordova and Sacramento Tree Foundation Page 14

e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.

3. Professional Liability Insurance. Professional, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.

3.1Any deductible or self-insured retention shall not exceed $150,000 per claim.

3.2An endorsement shall state that coverage shall not be suspended, voided, canceled 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.

3.3The following provisions shall apply if the professional liability coverages are written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Professional must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The City shall have the right to exercise, at the Professional’s sole cost and expense, any extended reporting provisions of the policy, if the Professional cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.

4. All Policies Requirements.

4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.

ITEM 9.6. ATTACHMENT 2 Contract No.: 2022-51
Professional Services Agreement between June 6, 2022
City of Rancho Cordova and Sacramento Tree Foundation Page 15

4.2 Verification of coverage. Prior to beginning any work under this Agreement, Professional shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

4.3 Subcontractors. Professional 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.

4.4 Deductibles and Self-Insured Retentions. Professional shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.

During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Professional may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Professional procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.

4.5 Waiver of Subrogation. Professional hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Professional, its employees, agents, and subcontractors.

4.6 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Professional shall provide written notice to City at Professional’s earliest possible opportunity and in no case later than five (5) days after Professional is notified of the change in coverage.

5. Remedies. In addition to any other remedies City may have if Professional fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Professional’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;

ITEM 9.6. ATTACHMENT 2 Contract No.: 2022-51
Professional Services Agreement between June 6, 2022
City of Rancho Cordova and Sacramento Tree Foundation Page 16

Order Professional to stop work under this Agreement or withhold any payment that becomes due to Professional hereunder, or both stop work and withhold any payment, until Professional demonstrates compliance with the requirements hereof; and/or Terminate this Agreement

MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 9.7.

DATE: June 6, 2022

TO: Honorable Mayor and Council Members

FROM: Albert Stricker, Public Works Director

SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2022-69 WITH SIERRA ASPHALT, INC. IN AN
AMOUNT NOT TO EXCEED $157,700 FOR ON-CALL PAVEMENT

MAINTENANCE SERVICES

RECOMMENDATION

Adopt the Resolution.

RESULT OF RECOMMENDED ACTION

Adoption of the Resolution would authorize the City Manager to execute Contract No. 2022-69 with Sierra Asphalt, Inc. in an amount not to exceed $157,700 for On-Call Pavement Maintenance Services.

BACKGROUND

City staff advertised for a new on-call pavement maintenance contract to perform ongoing street repairs. The work scope for this contract covers routine maintenance activities such as filling potholes, base failure repairs, and other roadway repairs. On-call contracts facilitate fast response times that keep City streets safe.

Bids for the project were solicited on the City’s Website, CIPList.com and the Sacramento, Placer and El Dorado County Builders Exchanges on April 14, 2022. Bids for the project were publicly opened on May 11, 2022. A total of four (4) bids were received. The lowest responsible bid was in the amount of $157,700 from Sierra Asphalt, Inc. The bid summary sheet is provided as Attachment 2.

Staff recommends awarding the construction contract to Sierra Asphalt, Inc. and authorizing the City Manager to execute this agreement.

FISCAL IMPACT AND FUNDING SOURCE

The contract will be funded by special districts and Measure A maintenance funds and has no impact to the general fund.

ATTACHMENT(S)

1. Resolution

City Council Staff Report - Page 2 of 2

2. Bid Summary Sheet

3. Contract No. 2022-69

ITEM 9.7. ATTACHMENT 1 Resolution No. XX-2022 Page 1 of 1

CITY OF RANCHO CORDOVA

RESOLUTION NO. XX-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2022-69 WITH SIERRA ASPHALT, INC. IN AN AMOUNT NOT TO EXCEED $157,700 FOR

ON-CALL PAVEMENT MAINTENANCE SERVICES

WHEREAS, the City solicited bids for On-Call Pavement Maintenance Services under the requirements of state law and publicly opened bids on May 11, 2022; and

WHEREAS, the lowest responsible bidder was Sierra Asphalt, Inc; and

WHEREAS, the work scope for this contract covers routine maintenance activities such as filling potholes, base failure repairs, and other roadway repairs. On-call contracts facilitate fast response times that keep City streets safe; and

WHEREAS, adoption of this Resolution will award construction contract No. 2022-69 to Sierra Asphalt, Inc. in an amount not to exceed $157,700 for on-call pavement maintenance services; and

WHEREAS, the contract is funded by special districts and Measure A maintenance funds and has no impact to the general fund; and

WHEREAS, the services will exceed the maximum amount the City Manager is authorized to approve.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute Contract No. 2022-69 with Sierra Asphalt, Inc. in an amount not to exceed $157,700 in a form approved by the City Attorney for on-call pavement maintenance services.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 6th day of June, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Donald Terry, Mayor

Stacy Leitner, CMC
City Clerk

On-Call Pavement Maintenance Services
Rancho Cordova City Hall
2729 Prospect Park Drive, Rancho Cordova, CA 95670
May 11, 2022 - 9:00 A.M.

Letter
Designation Contractor Bid Grand Total
Cost
Form
Bid
Schedule
Contractor's
License
DIR
Form
Experience
Qualification
Employee
Qualifications
Designation
of Subs
Operations
Plan
Exceptions to
Agreement
Bid
Bond
Non-Collusion
Affidavit
Signature
Page
A B&M Builders $248,050.00 X X X X X X X X X X X X
B Sierra Asphalt, Inc. $157,700.00 X X X X X X N/A X X X X X C Express Sewer & Drain $196,145.50 X X X X X X N/A X X X X X D Always Paving, Inc. $228,500.00 X X X X X X N/A X X X X X E
F
G
H
I
J
K
L
M
N
Attendees:

Stacy Leitner, CMC, City Clerk
Victor Ramos, Operations and Maintenance Technician
ITEM 9.7.

ATTACHMENT 2

CONSTRUCTION SERVICES AGREEMENT BETWEEN
THE CITY OF RANCHO CORDOVA AND SIERRA ASPHALT, INC.

FOR ON-CALL PAVEMENT MAINTENANCE SERVICES

THIS AG
REEMENT made and entered into between the City of Rancho Cordova (“City”) and Sierra Asphalt, Inc. (“Contractor”) as of July 1, 2022.

W I T N
E S S E T H:

WHEREAS
, the City Council for the City heretofore caused plans and specifications for On -Call Pavement Maintenance Services ("Project") to be prepared, and therefore did approve and adopt said plans and specifications; and

WHEREAS
, the City Council for the City did cause to be published for the time and in the manner required by law, a notice inviting sealed bids for the performance of said work; and

WHEREAS
, the notice was published on April 14, 2022, o n the City of Rancho Cordova website and on CIPList.com (“Notice”); and

WHEREAS
, the Contractor, in response to such Notice, submitted to the City Council for the City within the time specified in said Notice, and in the manner provided for therein, a se aled bid for the performance of the Project specified in said plans and specifications, which s aid bid and proposal, and other bids and proposals submitted in response to said Notice, the City Council opened and canvassed in the manner provided by law; and

WHEREAS
, the Contractor was the lowest responsible bidder for the performance of said Project, and said City Council for the City as a result of the canvass of said bids, did determine and declare Contractor to be the lowest responsible bidder for said Project and award to a contract therefore.

NOW THE
REFORE, in consideration of the promises herein, it is mutually agreed between the parties hereto as follows:

Sectio
n 1. CONTRAC T DOCUMENTS. The following documents are by this reference incorporated in and made a part of this Agreement: The County of Sacramento, Standard Construction Specifications dated January 20 16; the Special Provisions; the contract drawings, all addenda; the Notice to Contractors; the Proposal; all required bonds; and all supplem ental Agreements covering alterations, amendments, or extensions to the contract. The documents which describe the work to be performed are sometimes collectively referred to herein as the “Plans and Specifications”.

Sectio
n 2. SCOPE OF W O RK. The Contra ctor will furnish all labor, materials, services, transportation, appliances, and mechanical workmanship required for Contract No. 2022-69 as provided for and set forth in said Plans and Specifications, which are hereby incorporated and made a part of this Agreement. All of the work done under this Agreement shall be under the supervision of and be performed to the satisfaction of the Public Works Director of the City of Rancho Cordova who shall have the right to reject any and all materials and supplies fu rnished by the Contractor which do not comply with the Plans and Specifications, together with the right to require the Contractor to replace any and all ITEM 9.7.

ATTACHMENT 3
Contract No. 2022-69

work furnished by the Contractor which shal l not either in workmanship or material be in strict accordance with the Plans and Specifications.

Section 3. COMPLETION. Agreement shall be effective from the time at which the contract is fully executed through June 30 2025, as described in Section 2.4 of the attached.

Section 4. PAYMENT . Attached hereto as Exhib it A and by reference incorpated, is the bid and proposal of Contractor. Said bid and proposal will contain, as required by the terms of said specifications, the full and complete schedule of the different items with the lump sums or unit prices as so
specified. The City agrees in consideration of the work to be pe rformed for the Project herein and subject to the terms and conditions thereof, to pay Contractor all sums of money which may become due to Contractor in accordance with the terms of the afores aid bid and proposal, and this Agreement.

Said sum shall be paid in accordance with Section 8 of the Standard Specifications. Actual payment will be based upon the quantities as measured in the field. No payment made under this Agreement shall be construed to be an acceptance of defective work or improper materials. The total contract amount is set at a not to exceed amount of $157,700 for the term of this Agreement.

Se
ction 5. PREVAILING WAGES. To the extent required by law, Contractor and all of the Contractor’s subcontractors shall comply with California Health and Safety Code Section 33422.1, and shall comply with California Labor Code Section 1770 et seq. and all regulations adopted pursuant thereto (referred to herein as, “ Prevailing Wage Laws ”), and b e responsible for carrying out the requirements of such provisi ons. Pursuant to the provisions of Articles 1 and 2 of Chapter 1, Part 7, Division II, of the Labor Code of the State of California, not less than the general prevailing rate of per di
em wages, and not less than the general prevailing rate of per diem wages for holidays and overtime wor
k, for each craft, classification or type of worker needed to execute the Project contemplated under this Agreement shall be paid to all workers, laborers and mechanics employed in the execution of said Project by Contractor, or by any subcontractor doing or contracting to do any part of said Project. The appropriate determination of the Director of the California Department of Industrial Relations is filed with, and available for inspection at 2729 Prospect Park Drive, Ran cho Cordova, CA 95670, the office of the Clerk of the City. Contractor shall post, at each job site, a copy of such prevailing rate of per diem wages as determined by the Director for the Cali fornia Department of Industrial Relations. The Contractor shall, and hereby agrees to, unconditionally indemnify, reimburse, defend, protect and hold harmless the City and its elective and appointive boards, commissions, officers, agents, attorneys, consultants and employees, and all of their respective successors and assigns, from and against any and all claims, demands, suits and actions at law or in equity, and losses, liabilities, expenses, penalties, fines, orders, judgments, injunctive or other relief , and costs and damages of every kind, nature and description ( including but not limited to attorneys’ fees and court costs; with counsel reasonably acceptable to the City), and administrative, enforcement or judicial proceedings, whether known or unknown, and which directly or indirectly, in whole or in part, are caused by, arise from, or relate to, or are alleged to be caused by, arise from, or relate to, the payment or requirement of payment of prevailing wages or the requirement of competitive bidding in the construction of the Project, the failure to comply with a ny state or federal labor laws, regulations or standards in connection with this Agreement, including but not limited to California Labor Code Section 1770 et seq. and the Prevailing Wage Laws, or any act or omission of the City or the Contractor related t o this Agreement with respect to the payment or requirement of payment of prevailing wages or the requirement of competitive bidding, whether or not any insurance policies shall have been determi ned to be applicable to any such claims, demands, suits, actions, losses, liabilities, expenses, penalties, fines, orders, judgments, injunctive or other relief, costs, damages, or administrative, enforcement or judicial proceedings. It is 1898853.2
ITEM 9.7.

ATTACHMENT 3
Contract No. 2022-69

further agreed that the City does not, and shall not, waive any rights against the Contractor which they may have by reason of this indemnity and hold harmless agreement because of the acceptance by the Ci
ty, or the deposit with the City by the Contractor, of any of th e insurance policies described in this Agreement.

Section 6. I NSURANCE. The Contractor shall carry and maintain for the duration of the term of this Agreement, such public liability, property damage and contractual liability, auto, worker's compensation, a nd builders' risk insurance as described in Appendix B of the attached.

Section 7. WORKERS' COMPENSATION CERTIFICATION. By execution of this Agreement, the Contractor certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which re quir e 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."
Section 8. PERFORMANCE AND PAYMENT BONDS . The Contractor shall, before beginning said work for the Project, file two (2) bonds with the City, each made payable to the City. These bonds shall be issued by a surety company authorized to do business in t he State of California and shall be maintained during the entire life of the Agreement at the expense of the Contractor. One bond shall be in the amount of one hundred percent (100%) of the Agreement and shall guarantee the faithful performance of the Agreement. The second bond shall be the payment bond required by California Civil Code Section 3247 et seq., and shall be in the amount of one hundred percent (100%) of the Agreement.

Any alterations made in the specifications which are a part of this Agreem ent or in any provision of this Agreement shall not operate to release any surety from liability on any bond required hereunder and the consent to make such alterations is hereby given, and any surety on said bonds hereby waives the provisions of California Civil Code Sections 2819 and 2845.

Section 9. INDEMNIFICATION.

9.1 Contractor's Performance. To the fullest extent permitted by law, Co ntractor shall indemnify, defend and hold harmless City, its governing Board, officers, directors, agents, employee s and volunteers from and against any and all claims, demands, actions, losses, liabilities, damages, and all costs incidental thereto, inclu ding cost of defense, settlement, arbitration, and reasonable attorneys' fees arising out of, pertaining to, or resulting from the acts or omissions of anyone else directly or indirectly acting on behalf of the Contractor, or for which the Contractor is legally liable under law, regardless of whether caused in part by a party indemnified hereunder.

9.2 PERS Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing Services under this Agreement is determined by a court of competent jurisdiction of the California Public Employees Retirement System (“PERS”) to be eligibl e for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any an d all employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subco ntractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and any attorneys’ fees and costs incurred by the City to enforce this Section.

ITEM 9.7.

ATTACHMENT 3
Contract No. 2022-69

9.3 No Limitation of Liability for Indemnification. The indemnities set forth in this Section shall not be limited by the insurance requirements set forth in the Contract.

Section 10. Nondiscrimination and Equal Opportunity . Contractor shall not discriminate on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee or applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondi scrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including, but not limited to the satisfaction of any positive obligations required of Contractor thereby. Contractor shall include the provisions of this section in any subcontract approved by the City.

Section 11. MISCELLANEOUS PROVISIONS.

11.1 Th
is Agreement shall bind and inure to the heirs, devisees, assignees, and successors in interest of Contractor and to the successors in intere st of Contractor in the same manner as if such parties had been expressly named herein. All times stated herein or in the contract documents are of the essence hereof. As used in this instrument the singular includes the plural, and the masculine includes the feminine and the neuter.

This Agreement may create a possessory interest subject to property taxation, and Contractor may be subject to the payment of property taxes levied on such interest.

11.2 Contract Administration.

This Agreement shall be administered by the Operations & Maintence Division Manager ("Contract Administrator"). All correspondence shall be d irected to or through the Contract Administrator or his or her designee.

11.3 Notices. Any written notice to consultant shall be sent to:

Tim Carver
Sierra Asphalt, Inc.
3755 Omec Circle # 2
Rancho Cordova, CA 95742
Any
written notice to City shall be sent to:

Victor Ramos
City of Rancho Cordova
Operations & Maintenance Division
3303 Luyung Drive
Rancho Cordova, CA 95742

11.4 IRS Form W-9 . Contractor shall complete and submit Internal Revenue Service Form W- 9 to the City before execution of th is Agreement. The City’s Finance Director shall have authority to waive this requirement.

ITEM 9.7.

ATTACHMENT 3
Contract No. 2022-69

IN WITNESS WHEREOF , the City Council and Contractor have cau sed this Agreement to be executed as of the day and year first above written.

CIT
Y OF RANCHO CORDOVA: CONTRACTOR:

Cyrus Abhar, City Manager Tim Carver, Vice President
Date Date
Attest
:

Stacy Leitner, CMC, City Clerk
Date
App
roved as to Form:

Adam U. Lindgren, City Attorney
Date
ITEM 9.7.

ATTACHMENT 3
Contract No. 2022-69

SECTION 2

SCOPE OF SERVICES

2.1 WORK GUID
ANCE
All work to be done by any Bidder selected to perform the work outlined in this RFB shall be guided by the:
• County o
f Sacramento, Municipal Services, Standard Construction Specifications https://saccountyspecs.saccounty.gov/Pages/default.aspx • Standard S
pecifications, State of California, California State Transportation Agency , Department of Transportation
http://ppmoe.dot.ca.gov/hq/esc/oe/construction_contract_standards/std_specs/2018_ StdSpecs/2018_StdSpecs.pdf
and th
is RFB, herein referred to as Special Provisions.

A comple
te, preliminary copy of the City’s contract for On-Call Pavement Maintenance Services is attached to this RFB as Appendix A. The contract shall bind selected bidder to perform work in accordance with this RFB.

2.2 DESCRIP

TION OF WORK STANDARDS
All Bidders accept and confirm by submission of a signed bid in response to this RFB, that work to be performed by the selected Contractor is comprised of general street maintenance including pavement base repair, grind and replace pavement, AC overlays, leveling courses, crack seals, pothole and spot patching, and temporary installation of trench plates within areas owned by the City, as further designated in this RFB.

City re
quires the selected Bidder to meet the following minimum standards:

Workma
nship: All materials and workmanship shall be of a quality that is equal or superior to any similar work considered by pavement maintenance contractors to be best practice. All work completed by selected Contractor shall be subject to inspection prior to payment being authorized. All work shall be conducted in a manner that least interferes with operation and public usage of the streets and sidewalks.

Safety: All s
ervice s, supplies and equipment must comply with the California Safety Division of Industrial Safety Orders and O.S.H.A. The Contractor shall plan and conduct the work i n a manner that will safeguard all persons from injury and shall take all precautions required by applicable regulations of the State Department of Industrial Regulations. The Contractor’s employees shall wear O.S.H.A. approved safety vests at all times du ring contract work , noncompliance may result in work stoppage by the Contract Manager.

ITEM 9.7.

ATTACHMENT 3
Contract No. 2022-69

Hazards and Vandalism: Any hazards or acts of vandalism shall be reported immediately to the Contract Manager and then followed up in writing. Hazards shall be remedied by the Contractor after approval is obtained from the Contract Manager. Hazards which create life -threatening situations or potential for bodily harm shall be remedied immediately by the Contractor.

Equipm
ent: Sele cted Contractor must furnish all tools, and equipment needed to provide a high level of workmanship, to ensure continuous and safe operation, and complete work in accordance with the current standard specifications. The City may require demonstration of equipment during selection process of this RFB , as outlined in Section 5, Bidder Experience and Operations Plan.

2.3 C

OMMENCEMENT OF WORK
Bidders acknowledge that submittal of bids does not constitute any acceptance of work by the City. Additionally, the receipt of award of contract to any Bidder shall not constitute any authority to enter upon sites for work. Work shall commence only upon formal execution of a contract and work orders from the City.

The C
ity seeks to make selection of a Contractor and execute a contract for On -Call Pavement Maintenance Services by July 1, 2022. Bidders acknowledge that they are prepared to execute a contract and begin prosecuting work within this time. Any Bidder unable to meet this timeframe shall not be considered for award.

2.4 TER

M OF AGREEMENT
Any Contract resulting from a submitted Bid shall be a three (3) year contract starting July 1, 2022. If mutually agreeable to both parties, any resultant Contract may be extended for an additional one (1) year term. However, in no case shall the contract be extended more than two (2) additional years.

Failure
of the Contractor to diligently prosecute the work as defined herein will be considered as grounds for the termination of the contract.

Failure t
o provide an adequate working force shall be considered as grounds for the termination of the contract.

This Ag
reement may be terminated by the City upon sixty (60) calendar days prior written notice addressed to the last known address of the Contractor. In the event of such termination, the Contractor shall be paid for all work, which has been completed up to the effective date of such termination.

2.5 SUB

CONTRACTORS
Bidders requiring the provision of additional services from subcontractors acknowledge that all proposed subcontractors shall adhere to the same standards of work as described in this RFB .

Bidders further acknowledge that the selected Contractor shall be required to perform, with the Contractor’s own organization and employees, not less than fifty percent (50%) of the value of all work conducted under executed contract.

ITEM 9.7.

ATTACHMENT 3
Contract No. 2022-69

Any Bidder submitting bids for work that includes the use of subcontrac tors shall additionally submit a filled out Section 5.5, Designation of Subcontractors.

2.6 ADD

ITIONAL CONTRACT PROVISION
Further Special Provisions guiding the execution of a contract for On-Call Pavement Maintenance Services are fully described in Appendix C, Additional Contract Provisions. The additional provisions as described in Appendix C include items such as Prevailing Wage, Payroll Records, Traffic Management, Regulations of Work, Payment, and other additional special provisions.

Bidders’ attention is directed to review of these Additional Contract Provisions as they will be made part of the contract to be executed by the selected Contractor.

ITEM 9.7.

ATTACHMENT 3
Contract No. 2022-69

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APPENDIX B

INSURANCE REQUIREMENTS
Witho
ut limiting Contractor’s indemnification, Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the agreement by the Contractor, his agents, representatives or employees. City shall retain the right at any time to review the coverage, form, and amount of the insurance required hereby. If in the opinion of the City’s Risk Manager the insurance provisio ns in these requirements do not provide adequate protection for City and for members of the public, City may require Contractor to obtain insurance sufficient in coverage, form and amount to provide adequate protection. City’s requirements shall be reasonable but shall be imposed to assure protection from and against the kind and extent of risks that exist at the time a change in insurance is required.

VER

IFICATION OF COVERAGE
Contractor shall furnish the City with certificates evidencing coverage required below. Copies of required endorsements must be attached to provided certificates. The City’s Risk Manager may approve self-insurance programs in lieu of required policies of insurance if, in the opinion of the Risk manager, the interests of the City and the general public are adequately protected. All certificates or evidences of self -insurance are to be received and approved by the City before performance commences. The City reserves the right to require that the Contractor provide complete, certified copies of any policy of insurance offered in compliance with these specifications. As an alternative to insurance certificates, the Contractor’s insurer may voluntarily provide complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required by these specifications.

MIN

IMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. GEN
ERAL LIABILITY: Insurance Services Office’s Commercial General Liability occurrence coverage form CG 0001. Including, but not limited to Premises/Operations, Products/Completed Operations, and Personal & Advertising Injury, without exclusions or limitations unless approved by City Risk Manager.

2. AUTO
MOBILE LIABILITY: Insurance Services Office’s Commercial Automobile Liability coverage form CA 0001, auto coverage symbol “1” (any auto). If there are no owned or leased vehicles, symbols 8 and 9 for non-owned and hired autos shall apply.

3. WORK
ER’S COMPENSATION: Statutory requirements of the State of California and Employer’s Liability Insurance.

4. PROF
ESSIONAL LIABILITY or Errors and Omissions Liability insurance appropriate to the Contractor’s profession.

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5. UMBRELLA or Excess Liability policies are acceptable where the need for higher liability limits is noted in the Minimum Limits of Insurance and shall provide liability coverages that at least follow form over the underlying insurance requirements where necessary for Commercial General Liability, Automobile Liability, Employer’s Liability, and any other liability coverage designated under the Minimum Scope of Insurance.

MIN

IMUM LIMITS OF INSURANCE
Contractor shall maintain limits no less than:

1. Gen
eral Liability shall be on an Occurren ce basis (as opposed to Claims Made basis).

Minimum limits and structure shall be:

Gen
eral Aggregate: $2,000,000
Products Comp/Op Aggregate: $2,000,000
Personal & Adv. Injury: $1,000,000
Each Occurrence: $1,000,000
Fire Damage: $ 100,000
Buil
ding Trades Contractors and Contractors engaged in other projects of construction shall have their general liability Aggregate Limit of Insurance endorsed to apply separately to each job site or project, as provided for by Insurance Services Office fo rm CG-2503 Amendment- Aggregate Limits of Insurance (Per Project).

2. Auto
mobile Liability: $1,000,000 Combined Single Limit per accident for bodily injury and property damage.

3. Work
er’s Compensation: Statutory.

4. Emplo
yer’s Liability: $1,000,000 per accident for bodily injury or disease.

5. Prof
essional Liability or Errors and Omissions Liability: $1,000,000 per occurrence.

DED

UCTIBLES AND SELF-INSURED RETENTION
Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retention as respect the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

CLAI

MS MADE ON PROFESSIONAL LIABILITY INSURANCE
If professional liability coverage is written on a Claims Made form:

1. The “
Retro Date” must be shown, and must be on or before the date of the Agreement or the beginning of the Agreement performance by Contractor.

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2. Insur
ance must be maintained and evidence of insurance must be provided for at least one (1) year after completion of the Agreement.

3. If c
overage is cancelled or non-renewed, and not replaced with another claims made policy form with a “Retro Date” prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of one (1) year after completion of the Agreement.

OTH

ER INSURANCE PROVISIONS
The insurance policies required in this Agreement are to contain, or be endorsed to contain, as applicable, the following provisions:

1. ADDITIONAL INSURED STATUS : The City, its officers, directors, offi cials, employees, and volunteers are to be endorsed as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied, or used by the Contractor; or automobiles owned, leased hired or borrowed by the Contractor. The coverage shall contain no endorsed limitations on the scope of protection afforded to the City, its officers, directors, officials, employees, or volunteers. Applicable to General Liability, use ISO form CG 2010 11-85 only, and Auto Liability Policies.

2. PRIMARY INSURANCE: For any claims related to this agreement, the Contractor’s insurance coverage shall be endorsed to be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insurance maintained by the City, its officers, directors, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. Applicable to General Liability and Auto Liability policies.

3. FAILURE TO COMPLY: Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, directors, officials, employees, agents or volunteers. Applies to policies in which the City is named as an additional insured.

4. SEVERABILITY OF INTEREST : The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brough t, except with respect to the limits of the insurer’s liability. Applicable to General Liability and Auto Liability policies.

5. MAINTENANCE OF INSURANCE COVERAGE: The Contractor shall maintain all insurance coverages in place at all times and provide the City with evidence of each policy’s renewal ten (10) days in advance of its anniversary date. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, reduced in coverage, or reduced in limits, except after thirty (30) days’ written notice for cancellation or sixty (60) days’ written notice for non -renewal has been given to the City. For non - ITEM 9.7.

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payment of premium 10 days’ prior written notice of cancellation, certified mail, return receipt requested is required. Applicable to all policies.

6. WORKER’S COMPENSATION WAIVER OF SUBROGATION: The worker’s compensation policy required hereunder shall be endorsed to state that the worker’s compensation carrier waives its right of subrogation against the City, its officers, directors, officials, employees, agents or volunteers, which might arise by reason of payment under such policy in connection with performance under this Agreement by the Contractor.

7. PROPERTY WAIVER OF SUBROGATION : Course of co nstruction policies shall contain the following provisions:

1. The City shall be named as loss payee.

2. The
insurer shall waive all rights of subrogation against the City.

8. CIVIL CODE PROVISION: Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnity the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.

9. ACCEPTABILITY OF INSURERS : Insurance is to be placed with insurers wi th a current A.M.

Best’s rating of no less than A-VII. The City Risk Manager may waive or alter this requirement, or accept self -insurance in lieu of any required policy of insurance if, in the opinion of the Risk Manager, the interests of the City and the general public are adequately protected.

10. SUBCONTRACTORS: CONTRACTOR shall require all subcontractors to maintain adequate insurance. Subcontractors shall name the CONTRACTOR as additional insured on their General Liability policies. CONTRACTOR shall maintain copies of certificates of insurance and additional insured endorsements as provided by its subcontractors. All subcontractors shall be subject to all terms and conditions stated herein.

ITEM 9.7.

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APPENDIX C

ADDITIONAL SPECIAL PROVISIONS
C.1) PA

YROLL RECORDS
Attention is directed to Section 1776 of the Labor Code of the State of California. Regulations complementing said Section 1776 are located in Section 16000 and Sections 16400 through 16403 of Title 8, California Administrative Code. The Contractor is required to comply with the provisions of Section 1776 of said Labor Code. The Contractor shall also be responsible for compliance by their subcontractors.

C.2) PR

EVAILING WAGE
See Section 5 in Appendix A.

C.3) PRE

SERVATION OF PROPERTY
Attention is directed to Section 13-1.01, "Preservation of Property" of the Standard Construction Specifications and these Special Provisions.

The C
ontractor shall take every precaution to protect all public and private property during the performance of this contract. Any damages caused by the Contractor's personnel or equipment will promptly be repaired to the condition existing before the damage. If, in the opinion of the Contract Manager, repair is not possible, the damaged facilities will be replaced in kind and size. All costs for such repairs or replacements shall be the sole responsibility of the Contractor. Damages to City facilities due to the Contractor's lack of performance in accordance with these specifications are the Contractor's responsibility.

C.4) TR

AFFIC MAINTENANCE
The Contractor's attention is directed to Section 7-1.04, "Public Safety," and Section 12, “Temporary Traffic Control,” of the State Standard Specifications, the Uniform Manual of Traffic Control Devices (the latest edition of the California Supplement), and these Special Provisions.

Typ
ically, a minimum of one (1) traffic lane (not less than 3.66 m (12 feet wide), per direction, shall be allowed for closure during construction activity, or as defined within the approved traffic control plan. All other traffic lanes shall be open for public vehicular traffic at all times during non - construction activity. No work that interferes with public traffic shall be performed between 3:30 p.m. and 8:30 a.m. except work required under Section 7 -1.03, "Public Convenience," and Section 7-1.04, "Public Safety" or by special approval of the Contract Manager.

Prior
to performing any work, under this contract the Contractor shall prepare and submit a Traffic Control Plan (TCP) to the Contract Manager for review. Note: To avoid delays, the Contractor is encouraged to submit in advance, several standard TCP’s covering the most common maintenance situations anticipated, prior to the start of the contract period. ALL night work (if any) requires a MANDATORY Traffic Control Plan (TCP), for each occurrence.

If t
raffic controls are required for any operation under this contract to ensure the safety of workers and the public, a TCP must be submitted to the Contract Manager four (4) working days in advance of performing said operation. Contractor must receive written approval from the Contract Manager, ITEM 9.7.

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or their designee , prior to implementing any traffic controls and notify Police, and Fire at least twenty-four (24) hours in advance of implementing the traffic controls. Review and approval of a TCP by the Contract Manager , or their designee, is based upon general conformance with Federal, State and local regulations and standards and does not relieve Contractor of responsibility for the safety of its workers and the public.

If an
y component in the Contractor's traffic control system is displaced, damaged, or ceases to operate correctly, from any cause, during the life of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location , noncompliance may result in work stoppage by the Contract Manager.

The C
ontract Manager, or their designee, shall review and approve all TCPs on the basis of general conformance with applicable regulations and standards. Such review and approval of a TCP does not relieve Contractor of responsibility for public and worker safety.

Full co
mpensation for conforming to the requirements of this Section shall be considered as included in the prices paid for the various Contract items of work, and no separate payment will be made, therefore.

C.5) RE

GULATIONS AND CONDUCT OF WORK
The Contractor shall plan and conduct the work to comply with local, State, and Federal government agencies’ applicable rules, regulations, codes, and ordinances to adequately safeguard persons and property from injury. The Contractor shall direct the performance of the work in compliance with reasonable safety regulations and work practices, and with applicable federal, state, and local laws, rules and regulations including but not limited to “Occupational Safety and Health Standards” promulgated by the U.S. Secretary of Labor, and Safety Orders of the California Division of Industrial Safety.

C.6) PE

RSONNEL
All work shall be performed by qualified and trained personnel with a minimum of two (2) years of experience in pavement maintenance. Experience must include use of typical tools and operation of commonly used equipment. All workers shall be neat and orderly in appearance.

C.7) SUPE

RVISION
The Contractor shall provide a competent superintendent during all times that work is being performed with the authority to represent and act for the Contractor in any matter pertaining to this contract. The Contractor shall furnish the names of all such superintendents to the Contract Manager prior to the commencement of this contract and further advise of any changes.

C.8) DI

SMISSAL OF UNSATISFACTORY EMPLOYEES
The Contractor shall only furnish workers who are competent and skilled for work under this contract. If, in the opinion of the Contract Manager, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the contract specifications, threatens or uses abusive language while on City property, does not meet safety requirements or is otherwise ITEM 9.7.

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unsatisfactory, that employee shall be removed from all work under this contract. Contractor shall remove an unsatisfactory employee from contract sites immediately following notification.

C.9) PA
YMENT
Attention is directed to Section 8, “Measurement and Payment”, of the Standard Construction Specifications. The following shall be substituted with regard to invoicing procedure.

At t he
end of each month the Contractor shall submit invoice(s) to the City for routine and emergency maintenance work approved by the City.

The
Contractor’s routine maintenance invoice shall include; Invoice Number
Invoice Date
City’s Contract Number
Period Service Provided (Date from – Date to)
A breakdown of each work order completed with a description of the work performed, the quantity of the work performed, unit cost, and total cost for the work performed.

Billing
shall be submitted to the following address:

City o
f Rancho Cordova
Public Works Department
3303 Luyung Drive
Rancho Cordova, CA 95742
ATTN: Victor Ramos
C.10) WIT

HHOLDING OF PAYMENT
For work deemed by the Contract Manager, or their designee , as not meeting the requirements of the specifications, the City shall withhold payments or percentages thereof for work not completed, or until work is completed as per contract specifications. The City shall withhold payments or percentages thereof for work that is not completed on schedule.

C.11) FA

ILURE TO PERFORM
If the Contractor, or his representative, fails to perform in accordance with the terms and conditions of this contract, the Contract Manager, or their designee, will specify the reasons and locations as applicable by written correspondence. Failure by the Contractor to correct any deficiencies within one (1) calendar week of notification may result in withholding of payment. Failure by the Contractor to correct any deficiencies within two (2) calendar weeks or more may result in formal written warning (30 -day notice) to the contractor specifying that such deficiencies must be corrected. Failure by the contractor to correct such deficiencies within the 30 -day specified time period may result in termination of this contract.

In the
event of termination, the City shall be liable only for payment of those services performed and accepted by the City prior to the date of termination. Any damages to property caused by the contractor’s inability to meet specification shall be recov ered by withholding payments. The ITEM 9.7.

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Contractor and his surety shall be liable and assessed for any and all costs for the re -procurement of the contract services and damages to City facilities.

C.12) INS

PECTION
The Contractor might receive a n inspection report from the Contract Manager. This form will indicate any deficiencies in the work performance of the Contractor. The Contract Manager, may inform the Contractor by telephone of urgent deficiencies for immediate attention or repairs.

Inspection by City staff will occur the following day the Contractor has serviced the areas.

Lac
k of Inspections by the City staff does not relieve the Contractor of his obligations to provide services as required by these specifications. Lack of receipt of inspection repor ts does not relieve the Contractor of his obligations to provide services as required by these specifications.

C.13) COM

PLIANCE WITH STANDARD TERMS & CONDITIONS
The Contractor agrees to be bound by the standard contract conditions, a sample of which is attached to this RFB (Appendix A), and all other terms and conditions in this RFB.

C.14) IN

SURANCE
The Contractor, upon being notified of being awarded the contract, shall have their Certificate of Insurance delivered to City of Rancho Cordova Public Works Department, 3303 Luyung Drive, Rancho Cordova, CA 95 742, Attn: Victor Ramos. The Contractor’s insurance shall comply with all insurance requirements, as shown in Appendix B. No goods or services shall be rendered by the contractor until a valid Certificate of Insurance is on file with the City.

C.15) IND
EMNITY
The Contractor indemnifies the City as stated in Section 9 of Appendix A.

C.16) CO

DES AND LEGAL REQUIREMENTS
(a) All reference to codes, specifications, and standards in the contract documents shall mean, and are intended to be, the latest editions, amendments, and/or revisions of such reference documents in effect, as of the date of this contract. (b) Aut
horities shall apply the minimum work requirements available to any work done for this project. Nothing described in these contract documents shall be construed to permit work not conforming to the most stringent of applicable codes and regulations. (c) Whe
n contract documents call for materials or construction of better quality or larger size than required by applicable codes, laws, rules or regulations, the contract documents shall take precedence.

C.17) TE

RMINATION
Any contract resulting from this RFB may be canceled by either party upon sixty (60) calendar days advance notice in writing.

ITEM 9.7.

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C.18) SOUND CONTROL REQUIREMENTS
Sound control shall conform to the provisions in Section 12 -1.09B, "Noise" of the Standard Construction Specifications.

The
noise level from the Contractor's operations, between the hours of 8:00 p.m. and 7:00 a.m., shall not exceed 86 dbA at a distance of 15 m (50 feet). Said noise level requirement shall apply to all equipment on the work or related to the work, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.

Full
compensation for conforming to the requirements of this section shall be considered as included in the Contract prices paid for the various Contract items of work involved and no additional compensation will be allowed, therefore.

C.19) COOP

ERATION
Attention is directed to Section 5-5, "Cooperation with Other Entities," of the Standard Construction Specifications.

The
Contractor shall notify United Service Alert (USA) prior to commencing any excavation:

Underground Service Alert (USA) – 811.

C.20) PU

BLIC CONVENIENCE
Public convenience shall conform to the provisions in Section 7 -1.03, "Public Convenience," of the State Standard Specifications. The Contractor shall limit his operations to weekdays between the hours of 7:00 a.m. to 6:00 p.m. unless otherwise approved by the Contract Administrator.

No w
ork will commence before 8:30 a.m. on the City main arterial and collector street without prior written approval by the Contract Manager.

Tem
porary closure of driveways may be allowed subject to the advance written approval of the affected property owners and the Contract Manager. Prior to closure of a driveway, the Contractor shall coordinate and notify the property owner at least twice of such closure. The Contractor shall deliver closure notices to residents and operators of commercial properties seventy-two (72) hours prior to each closure, (twenty-four (24) hour notice for emergency repairs).

It is
the Contractor's responsibility to provide and accommodate all residents, operators of commercial properties, and property owners' specific needs for driveway and pedestrian access at all times.

Full co
mpensation for conforming to the provisions of this Section shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed, therefore.

ITEM 9.7.

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C.21) OBSTRUCTIONS
Attention is directed to the presence of overhead and underground utilities in the construction sites.

The Contractor shall exercise due caution in performing his work so as not to damage the utilities.

The work specified shall be so conducted by the Contr actor as to permit the utility companies to maintain their services without interruption. Utilities which are to remain in place shall be worked around and protected from damage or interruption of service. The Contractor shall coordinate his work with the utility companies where utilities are to be relocated or set to grade.

The t
oll-free number for Underground Service Alert (U.S.A.) is 811. The Contractor shall take adequate measures to ensure that their operations do not harm any existing underground facilities not specifically mentioned or shown on the plans.

Con
struction area signs shall be furnished, installed, maintained , and removed when no longer required by the Contractor in accordance with the provisions in Section 12 , “Safety, Public Convenience, and Traffic Control”, of the Standard Construction Specifications.

Full
compensation for conforming to the provisions of this Section shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed, therefore.

C.22) WATE

R POLLUTION CONTROL
Water pollution control work shall conform to the requirements in Sect ion 13, "Water Pollution Control," of the State Standard Specifications, and these Specifications.

As part
of the water pollution control work, a Water Pollution Control Program, hereafter referred to as the "WPCP," is required for this contract. The WPCP shall be prepared in accordance with the State’s Storm Water Quality Handbooks, SWPPP and WPCP Preparation Manual, current addition.

Imple
mentation, inspection, maintenance, and modification of the WPCP shall be in accordance with the States’s Storm Wat er Quality Handbooks, Construction Site Best Management Practice Field Manual and Trouble Shooting Guide, current addition.

Copi
es of the above State handbooks may be obtained from the Department of Transportation, Material Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California 95815, Telephone: (916) 445-3520.

The C
ontractor shall become fully informed of and comply with the applicable provisions of the Handbook and Federal, State and local regulations that govern the Contractor's operations and storm water discharges from both the project site and areas of disturbance outside the project limits during construction.

Unle
ss arrangements for disturbance of areas outside the project limits are made by the City and made part of the contract, it is expressly agreed that the City assumes no responsibility to the Contractor or property owner whatsoever with respect to any arrangements made between the Contractor and property owner to allow disturbance of areas outside the project limits.

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The Contractor shall be responsible for the costs and for any liability imposed by law as a result of the Contractor's failure to comply with the requirements set forth in this section "Water Pollution Control" including, but not limited to, compliance with the applicable provisions of the Handbook and Federal, State, and local regulations. For the purposes of this paragraph, costs and liabilities include but are not limited to fines, penalties and damages whether assessed against the City or the Contractor, including those levied under the Federal Clean Water Act and the State Porter Cologne Water Quality Act.

Full
compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the v arious contract items of work involved and no additional compensation will be allowed, therefore.

C.23) QUAN
TITIES
The quantities shown in the Bid Sheets are given to provide Bidders with an indication of potential work and the order of magnitude and scope of work. The actual amount of work done under this contract may differ from the quantities shown. The City does not expressly or by implication agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as directed by the Contract Manager.

C.24) MO

BILIZATION
Mobilization shall be in accordance with Section 8-1.03, “Payment for Mobilization”, of the Standard Construction Specifications. Full compensation for conforming to the requirements of this Section shall be considered as included in the prices paid for the various c ontract items of work and no separate payment will be made, therefore.

C.25) WORK
ORDERS
Requests for maintenance are made via a Work Order (WO). WOs are originated by City staff during normal City business hours in response to observed or reported maintenance deficiencies. While initial contact with the Contractor may be directly by phone, this will always be followed up with a written WO. Delivery of the written WO’s shall be via e-mail and will be made directly to Contractor or designated Supervisor. Requests for service after working hours, on weekends, and on holidays will be forwarded from the City’s Emergency On-Call representative to the contractor by phone. A written WO will be generated on the next regular business day and sent via email.

C.26) EM

ERGENCY WORK
Definition: Emergency Work includes unforeseen/unscheduled maintenance related tasks that must be performed on short notice due to potential impacts on public safety and convenience. This item is considered to be a safety concern. When notified by the City to respond to an emergency situation, the Contractor shall be at the site in two (2) hour or less from the time of notificatio n.

The Contractor shall maintain a local telephone number where he can be reached twenty-four (24) hours per day, seven days a week, including Holidays.

ITEM 9.7.

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