Rancho Cordova City Council
July 18, 2022

CITY OF RANCHO CORDOVA

CITY COUNCIL MEETING
Monday, July 18, 2022
4:00 PM - Special Meeting/Closed Session
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.

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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 July 18, 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

Rancho Cordova City Council - AGENDA
Special and Regular Meeting of Monday, July 18, 2022

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
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, July 18, 2022, before 3:00 p.m.

AMENDED AGENDA

1. SPECIAL MEETING CALL TO ORDER/ROLL CALL
Council Members Linda Budge, Garrett Gatewood, Siri Pulipati, David Sander, and Mayor Donald Terry

2. PUBLIC COMMENT
At a special meeting, citizens wishing to address the Council for any matter on the agenda may do so at the time the matter is discussed. Under the provisions of the California Government Code, the City Council is prohibited from discussing or taking action on any item not on the agenda.

3. ADJOURN TO CLOSED SESSION
Mayor Terry will adjourn the meeting to closed session.

4. CLOSED SESSION - CALL TO ORDER/ROLL CALL
Council Members Linda Budge, Garrett Gatewood, Siri Pulipati, David Sander, and Mayor Donald Terry.

5. CLOSED SESSION
Council will meet in closed session to discuss the following items:

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

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Property: APN 07300100120000 at Grant Line Road and Raymer Way. City negotiators: Albert Stricker, Public Works Director and Adam U. Lindgren, City Attorney. Negotiating parties: Rose Reinheimer GST Exempt Trust, Benedictina Tracy GST Exempt Trust, GST Exempt Trust, Tracy, Peter (Inactive), John James Tracy Living Trust (Inactive).

Under negotiation: price and terms.

6. OPEN SESSION - REPORT FROM CLOSED SESSION

Rancho Cordova City Council - AGENDA
Special and Regular Meeting of Monday, July 18, 2022

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

7. ADJOURNMENT TO THE REGULAR MEETING
Mayor Terry will adjourn to the regular meeting.

8. REGULAR MEETING - CALL TO ORDER/ROLL CALL
Council Members Linda Budge, Garrett Gatewood, Siri Pulipati, David Sander, and Mayor Donald Terry

9. METRO CABLE TV TELEVISION ANNOUNCEMENT
The Clerk will announce the meetings video recording and playback schedules.

10. PLEDGE OF ALLEGIANCE
The Mayor will call on someone in attendance to lead the Pledge.

11. INVOCATION
Julie Steinbach with the United Methodist Church of Rancho Cordova will give the invocation.

12. PRESENTATIONS

12.1. Introduction of New Employees: Meredith Rhodes, Senior Code Enforcement Officer by Brittany Mariscal, Senior Code Enforcement Officer and Building Permit Technician Leilani Nzau, by Elizabeth Sparkman, Community Development Director.

13. 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 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.

14. COUNCIL REPORTS

15. CITY MANAGER'S REPORT

16. CONSENT CALENDAR ITEMS - ROLL CALL VOTE

Rancho Cordova City Council - AGENDA
Special and Regular Meeting of Monday, July 18, 2022

16.1. Subject: Meeting Minutes from the Regular City Council Meeting of June 20, 2022 and the Special City Council Meeting of July 11, 2022.

Recommendation: Adopt the Minutes.

16.2. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2022-78 with Granite Construction Company in an Amount not to Exceed $859,815 for the American River Outfall Four Repair Project.

Recommendation: Adopt the Resolution.

16.3. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2022-90 with the County of Sacramento for Transportation Operations and Maintenance Services for Fiscal Years 2022-2027, Enabling the County to Continue Assisting the City in Operating and Maintaining Traffic Signal Infrastructure.

Recommendation: Adopt the Resolution.

16.4. 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.

16.5. Subject: A Resolution Approving the Final Map of The Ranch Village 3, Subdivision No. FM2021-002-06, And Authorizing the City Manager to Execute the Subdivision Improvement Agreement Contract No. 2022-49 with K. Hovnanian at Jaeger Ranch, LLC.

Recommendation: Adopt the Resolution.

16.6. Subject: A Resolution Approving the Final Map of The Ranch Village 4 Unit 2, Subdivision No. FM-2021-002-07, and Authorizing the City Manager to Execute the Subdivision Improvement Agreement Contract No. 2022-105 with K. Hovnanian at Jaeger Ranch, LLC.

Recommendation: Adopt the Resolution.

16.7. Subject: A Resolution Authorizing the Public Works Director to Execute a Drainage Impact Fee Credit Agreement in an Amount not to Exceed $5,522,761 with Alta Vista, LLC for the Rio Del Oro Phase I Project.

Recommendation: Adopt the Resolution.

16.8. Subject: A Resolution Authorizing the Public Works Director to Execute a Drainage Impact Fee Credit Agreement in an Amount up to $1,937,807 with Lennar Homes of California, LLC for the Grantline 220 Project.

Recommendation: Adopt the Resolution.

16.9. Subject: A Resolution Declaring the City's Intention to Impose an Annual Stormwater Utility Fee and Designating a Time and a Place for Hearing Protests in Connection with the Annual Stormwater Utility Fee for the Stone Creek Village Project.

Recommendation: Adopt the Resolution designating a time and place for hearing protests in connection with the annual Stormwater Utility Fee for the Stone Creek Village project.

16.10. Subject: A Resolution Approving the Annexation Boundary Map for the Stone Creek Village project and Annexation to the City of Rancho Cordova Community Facilities District No. 2008- 1 (Street Lighting and Road Maintenance).

Recommendation: Adopt the Resolution.

Rancho Cordova City Council - AGENDA
Special and Regular Meeting of Monday, July 18, 2022

16.11. Subject: A Resolution Approving the Boundary Map for the Stone Creek Village Project Annexation to the Rancho Cordova Community Facilities District No. 2018-2 (Community Places and Neighborhood Greens).

Recommendation: Adopt the Resolution.

16.12. Subject: A Resolution Approving the Annexation of the Stone Creek Village project into the City of Rancho Cordova Community Facilities District No. 2013-2 (Police Services).

Recommendation: Adopt the Resolution.

16.13. Subject: A Resolution Approving the Annexation of the Sundance Development Project into the City of Rancho Cordova Community Facilities District No. 2013-2 (Police Services).

Recommendation: Adopt the Resolution.

16.14. Subject: A Resolution Authorizing Delinquent Residential Solid Waste Service Charges to be Collected on the 2022-2023 Property Tax Roll Residents.

Recommendation: Adopt the Resolution.

16.15. 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 July 19, 2022 to August 17, 2022.

Recommendation: Adopt the Resolution.

17. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE

17.1. Subject: A Resolution to Approve Shalako Large Lot Tentative Subdivision Map and Phasing Plan Project No. PLND-1121-0021.

Recommendation: Adopt the Resolution approving the Shalako Large Lot Tentative Subdivision Map, subject to the findings contained in the attached Resolution, Conditions of Approval and Phasing Plan.

17.2. Subject: 10961 & 10971 Sun Center Drive Tentative Parcel Map Project No. PLND-0122- 0026.

Recommendation: Adopt the Resolution for the Tentative Parcel Map.

17.3. Subject: Pradera Ranch - Major Design Review & Adjustment - Project No. PLND-0222-0028.

Recommendation: Find the project is exempt under CEQA Exemption 15182, Residential Projects Pursuant to a Specific Plan. The project was analyzed as part of the Suncreek Specific Plan (SCSP) Environmental Impact Report (EIR); and Adopt the Resolution for the Pradera Ranch Major Design Review and Adjustment.

17.4. Subject: Sunridge Villas (Sundance) Design Review & Adjustment Project No. PLND-0322- 0029.

Recommendation: Find the project to be in compliance with the California Environmental Quality Act (CEQA) consistent with the approved Mitigated Negative Declaration prepared for the Sundance project (RC04-122); and Adopt the Resolution for the Sunridge Villas Major Design Review and Special Development Permit.

17.5. Subject: An Ordinance Amending various sections of the Folsom Boulevard Specific Plan,

Rancho Cordova City Council - AGENDA
Special and Regular Meeting of Monday, July 18, 2022

Title 16 Buildings and Construction, Title 17 Fire Prevention, and Title 23 Zoning of the Rancho Cordova Municipal Code to Address Ambiguities and Provide Clarification.

Recommendation: Introduce and waive the first reading of the Ordinance.

17.6. Subject: A Resolution Declaring a Protest Hearing and Authorizing the Mailing of Property Owner Ballot Relating to the Imposition of the Annual Stormwater Utility Fee for the Sundance Project.

Recommendation: Adopt the Resolution.

18. PUBLIC HEARING ITEMS

18.1. Subject: Logisticenter at Rancho Cordova Major Design Review Project No. PLND-1021- 0015.

Recommendation: There is no formal recommendation at this time. Staff is providing a response to Council’s concerns that were raised at the April 18, 2022 City Council meeting and will be looking for any additional direction from Council for this project. The public hearing will be continued to a future council date. At that time, staff may bring back final action documents based upon Council’s direction.

19. REGULAR CALENDAR ITEMS

19.1. Subject: A Resolution of the City Council of the City of Rancho Cordova Authorizing the Execution of a Predevelopment Agreement with Griffn/Swinerton, LLC for the Mills Crossing Civic Center Project.

Recommendation: Adopt the Resolution.

19.2. Subject: Economic Development Department Program - Community Enhancement & Investment Fund and Workforce Development Update.

Recommendation: Receive the Community Enhancement & Investment Fund and Workforce Development Update from the Economic Development Department.

20. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

21. ADJOURNMENT

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

Unless the Council adopts a motion to extent 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.

Rancho Cordova City Council - AGENDA
Special and Regular Meeting of Monday, July 18, 2022

UPCOMING MEETINGS
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 September 19, 2022 5:30 PM Regular Meeting
September 27, 2022 5:30 PM Special Meeting/Work Session October 3, 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 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 July 18, 2022 Regular Meeting of the Rancho Cordova City Council was posted and available for review on July 14, 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 July 14, 2022 at Rancho Cordova, California.

Stacy Leitner, CMC
City Clerk

ITEM 16.1.

CITY OF RANCHO CORDOVA

CITY COUNCIL MEETING
Monday, June 20, 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 5:36 p.m.

Council Members Present: Linda Budge, Garrett Gatewood, Siri Pulipati (arrived at 5:43 p.m.), David Sander, and Mayor Donald Terry
Council Members Absent: None
Staff Members Present: Cyrus Abhar, Adam Lindgren, Stacy Leitner and Kelly Thompson

2. METRO CABLE TV TELEVISION ANNOUNCEMENT
The City Clerk read the meetings recordings and playback schedule.

3. PLEDGE OF ALLEGIANCE
Cyrus Abhar led the pledge.

4. INVOCATION
There was a moment of silence in lieu of an invocation.

5. PRESENTATIONS

ITEM 16.1.

Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, June 20, 2022

5.1. Recognition of Eagle Scouts Austin Konarski, Garrett Lopez and Matt Vasquez.

5.2. Council Member Pulipati's Birthday July 6, 2022.

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

1. John Hunepohl

2. Barbara Thomen

3. Lori Reed

4. Randy Soathoff

5. Stan Jones

6. Helen Whelan-Bashaw

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

ACTION: Motion to approve item 9.1 through 9.14 by Budge second by Pulipati; Motion passed with a 5:0 vote.

9.1. Subject: Meeting Minutes from the Regular City Council Meeting of June 6, 2022.

Recommendation: Adopt the Minutes.

9.2. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2022-47 with Sacramento Self-Help Housing in an Amount not to Exceed $100,197 to Operate an Interim Housing Pilot Program.

Recommendation: Adopt the Resolution.

9.3. Subject: A Resolution Authorizing the City Manager to Execute Contract No. 2022-67 with Bennett Engineering Services, Inc. for On-Call Engineering and Design Services in an Amount not to Exceed $733,170 for the Sunrise Boulevard Rehabilitation Phase 2 Project.

Recommendation: Adopt the Resolution.

9.4. Subject: A Resolution of the City Council of the City of Rancho Cordova, State of California, Authorizing the City Manager to Execute Contract No. 2022-84 with Claggett Wolfe Associates for Consulting Services from July 1, 2022 through June 30, 2024, in an Amount not to Exceed $200,000.

Recommendation: Adopt the Resolution.

9.5. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment

ITEM 16.1.

Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, June 20, 2022

No. 56-2019-1 with Harris & Associates to Extend the Contract Term from June 30, 2022, to June 30, 2024, which Results in an Increase to the Contract Amount from $100,000 to an Amount not to Exceed $200,000 for On-Call Stormwater Finance Support Services.

Recommendation: Adopt the Resolution.

9.6. Subject: A Resolution Authorizing the City Manager to Execute Contract Amendment No. 211-2018-2 with Ross Campbell, Inc. for Public Education and Outreach Services to Extend the Contract Term from June 30, 2022, to June 30, 2024, which Results in an Increase to the Contract Amount from $221,919 to an Amount not to Exceed $387,619.

Recommendation: Adopt the Resolution.

9.7. Subject: A Resolution Authorizing the City Manager to Execute Land Exchange Agreements with the Los Rios Community College District, and Balbir Singh Ojla and Mohan K. Ojla, and declaring City Property as Exempt Surplus Land Pursuant to the California Surplus Land Act.

Recommendation: Adopt the Resolution.

9.8. Subject: A Resolution Approving the Inclusion of the City of Rancho Cordova in the Article 34 Affordable Housing Ballot Measure Proposed by the County of Sacramento for the November 8, 2022 Election.

Recommendation: Adopt the Resolution.

9.9. Subject: A Resolution Declaring the Results of the Mail Ballot Election for Rancho Cordova Transit-Related Services Special Tax Area Zone 33 for the Grantline 220 Project.

Recommendation: Adopt the Resolution.

9.10. Subject: A Resolution Declaring the City's Intention to Impose an Annual Stormwater Utility Fee for the Maintenance of Storm Drainage and Flood Protection Systems for the Sundance Project.

Recommendation: Adopt the Resolution designating a time and place for hearing protests in connection with the annual Stormwater Utility Fee for the Sundance project.

9.11. 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 Reauthorizing Remote Teleconference Meetings of the City for the Period from June 20, 2022 to July 19, 2022.

Recommendation: Adopt the Resolution.

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

Recommendation: Rescind Resolution No. 94-2022 and adopt the updated 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.

9.13. Subject: A Resolution of the City Council of the City of Rancho Cordova, State of California, Implementing an Annual Compensation Cost of Living Increase for the City Manager.

ITEM 16.1.

Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, June 20, 2022

Recommendation: Adopt the Resolution.

9.14. Subject: Fiscal Year 2022-23 Budget for American Rescue Plan Act, Measure H, and Measure R.

Recommendation: 1) Adopt the Resolution approving the Fiscal Year 2022-23 American Rescue Plan Act budget; 2) Adopt the Resolution approving the Fiscal Year 2022-23 budget amounts for Measure R, the revenues from the voter-approved 1/2 Cent Sales Tax; 3) Adopt the Resolution approving the Fiscal Year 2022-23 budget amounts for Community Grants, Legacy Projects, and Department Led Initiatives to be funded from the Measure H/Community Enhancement and Investment Fund, the revenues from the voter-approved 1/2 Cent Sales Tax; 4) Adopt the Resolution approving the Fiscal Year 2021-22 Measure H/Community Enhancement and Investment Fund budget amendment; 5) Adopt the Resolution approving appropriations limit for Fiscal Year 2022- 23; and 6) Adopt the Resolution approving full-time employee salary schedule.

10. CONSENT PUBLIC HEARING ITEMS - ROLL CALL VOTE
None.

11. PUBLIC HEARING ITEMS
None.

12. REGULAR CALENDAR ITEMS

12.1. Subject: Discussion and Approval of Council Member Appointments to Regional Boards, Commissions, and Committees.

Recommendation: Confirm commitments to serve on other agency boards, commissions, and committees.

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

ACTION: Motion to leave Council Member David Sander as primary voting member of the Capital Southeast Connector Joint Power Authority and replace Vice Mayor Linda Budge with Council Member Garrett Gatewood as Alternate through the end of the calendar year by Budge Second by Sander; Motion failed with a 2:3 vote.

AYES: Budge and Sander
NOES: Gatewood, Pulipati, and Terry
ABSENT: None
ABSTAIN: None
ACTION: Motion to appoint Council Member Garrett Gatewood as voting member and Council Member Pulipati as alternate for the Capital SouthEast Connector Joint Powers Authority; to appoint Council member Siri Pulipati as Voting Member and Council Member Garrett Gatewood as Alternate to the Sacramento Metro Cable Television Commission to take effect in six months subject to change if current appointed Council members are not reelected; and to appoint Mayor Donald Terry as alternate member to the Sacramento Area Council of Governments to take effect immediately; by Pulipati second by Budge;
Motion passed with a 5:0 vote.

12.2. Subject: A Resolution Declaring City-Owned Property at Assessor’s Parcel Number

ITEM 16.1.

Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, June 20, 2022

(APN) 067-0430-037 on Anatolia Drive as Surplus Land and Authorizing the City Manager to Proceed with the Surplus Land Act Process for Site Disposition.

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 12.2 by Budge second by Pulipati; Motion passed with a 5:0 vote.

13. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

1. Diversity Committee Discussion

2. Public Safety Commission Discussion

14. ADJOURN TO CLOSED SESSION
Mayor Terry adjourned the meeting to closed session at 7:34 p.m.

15. CLOSED SESSION - CALL TO ORDER/ROLL CALL
Mayor Terry called closed session to order at 7:34 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 and Adam Lindgren

16. CLOSED SESSION
Council will meet in closed session to discuss the following items:

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Pursuant to Government Code Section 54956.8: Property 2300 Mine Shaft Lane, Rancho Cordova, CA 95742; City Negotiators: Cyrus Abhar, City Manager, Albert Stricker, Public Works Director, and Adam U. Lindgren, City Attorney, Negotiating Parties: Cordova Community Council.

Under Negotiations: Price and terms of payment.

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Pursuant to Government Code Section 54956.8: Property: Mather Field Rd, Assessor's Parcel Number (APN):
077-0050-058-0000, City Negotiators: Cyrus Abhar, City Manager, Micah Runner, Deputy City Manager, and Adam U. Lindgren, City Attorney, Negotiating Parties: County of Sacramento.

Property: 10503 Armstrong Ave, Assessor's Parcel Number (APN): 067-0990-005-0000, City Negotiators: Cyrus Abhar, City Manager, Micah Runner, Deputy City Manager, and Adam U. Lindgren, City Attorney, Negotiating Parties: County of Sacramento.

Property: Mather Blvd Assessor's Parcel Number: 067-0010-039-0000, City Negotiators:

Cyrus Abhar, City Manager, Micah Runner, Deputy City Manager, and Adam U.

Lindgren, City Attorney, Negotiating Parties: County of Sacramento.

Property: 10566 Peter A Mccuen, Assessor's Parcel Number (APN): 067-1040-006- 0000, City Negotiators: Cyrus Abhar, City Manager, Micah Runner, Deputy City

ITEM 16.1.

Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, June 20, 2022

Manager, and Adam U. Lindgren, City Attorney, Negotiating Parties: County of Sacramento.

Property: 3615 Bleckely St, Assessor's Parcel Number (APN): 067-1040-001-0000, City Negotiators: Cyrus Abhar, City Manager, Micah Runner, Deputy City Manager, and Adam U. Lindgren, City Attorney, Negotiating Parties: County of Sacramento.

Property: 3607 Bleckely St, Assessor's Parcel Number (APN): 067-1040-002-0000, City Negotiators: Cyrus Abhar, City Manager, Micah Runner, Deputy City Manager, and Adam U. Lindgren, City Attorney, Negotiating Parties: County of Sacramento.

Property: 3611 Bleckely St, Assessor's Parcel Number (APN): 067-1040-007-0000, City Negotiators: Cyrus Abhar, City Manager, Micah Runner, Deputy City Manager, and Adam U. Lindgren, City Attorney, Negotiating Parties: County of Sacramento.

Property: 10621 Schirra Ave, Assessor's Parcel Number (APN): 067-1040-008-0000, City Negotiators: Cyrus Abhar, City Manager, Micah Runner, Deputy City Manager, and Adam U. Lindgren, City Attorney, Negotiating Parties: County of Sacramento.

Property: Bleckely St, Assessor's Parcel Number (APN): 067-0010-093-0000, City Negotiators: Cyrus Abhar, City Manager, Micah Runner, Deputy City Manager, and Adam U. Lindgren, City Attorney, Negotiating Parties: County of Sacramento.

Property: Femoyer Ave, Assessor's Parcel Number (APN): 067-1040-005-0000, City Negotiators: Cyrus Abhar, City Manager, Micah Runner, Deputy City Manager, and Adam U. Lindgren, City Attorney, Negotiating Parties: County of Sacramento.

Property: Bleckely St, Assessor's Parcel Number: 067-0010-113-0000, City Negotiators:

Cyrus Abhar, City Manager, Micah Runner, Deputy City Manager, and Adam U.

Lindgren, City Attorney, Negotiating Parties: County of Sacramento.

Property: Bleckely St, Assessor's Parcel Number (APN): 067-0010-094-0000, City Negotiators: Cyrus Abhar, City Manager, Micah Runner, Deputy City Manager, and Adam U. Lindgren, City Attorney, Negotiating Parties: County of Sacramento.

Under Negotiation: Price and Terms of Payment.

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

4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: City Attorney: Pursuant to Government Code Section 54957(b)(1).

5. CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to Government Code Section 54957.6. Agency Designated Representatives: Mayor Donald Terry and City Manager Cyrus Abhar; Unrepresented Employee: City Attorney.

6. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: City Manager: Pursuant to Government Code Section 54957(b)(1).

17. OPEN SESSION - REPORT FROM CLOSED SESSION
City Attorney Adam Lindgren reported that staff was given direction on items discussed

ITEM 16.1.

Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, June 20, 2022

in closed session and no reportable action was taken in closed session. City Attorney Adam Lindgren reported that Council did not take up items 4, 5, and 6 related to performance evaluations and labor negotiations because of the hour.

18. ADJOURNMENT
Mayor Terry adjourned the meeting at 9:41 p.m.
_______________________
Stacy Leitner, CMC
City Clerk

ITEM 16.1.

CITY OF RANCHO CORDOVA

CITY COUNCIL MEETING
Monday, July 11, 2022
6:00 PM – Special Meeting/Closed 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 Special meeting to order in the David B. Roberts Council Chambers at 6:02 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. ADJOURN TO CLOSED SESSION
Mayor Terry adjourned the meeting to closed session at 6:05 p.m.

4. CLOSED SESSION - CALL TO ORDER/ROLL CALL
Mayor Terry called closed session to order at 6:05 p.m.

Council Members Present: Linda Budge, Garrett Gatewood, Siri Pulipati, David Sander,

ITEM 16.1.

Rancho Cordova City Council - DRAFT MINUTES
Meeting of Monday, July 11, 2022

and Mayor Donald Terry
Council Members Absent: None
Staff Members Present: Cyrus Abhar and Adam Lindgren

5. CLOSED SESSION
Council met in closed session to discuss the following items:

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: City Attorney: Pursuant to Government Code Section 54957(b)(1).

2. CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to Government Code Section 54957.6. Agency Designated Representatives: Mayor Donald Terry and City Manager Cyrus Abhar; Unrepresented Employee: City Attorney.

6. OPEN SESSION - REPORT FROM CLOSED SESSION
City Manager Cyrus Abhar reported that staff was given direction and no reportable action was taken in closed session.

7. ADJOURNMENT
Mayor Terry adjourned the meeting at 7:22 p.m.
______________________
Stacy Leitner, CMC
City Clerk

MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 16.2.

DATE: July 18, 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 EXECUTE CONTRACT NO. 2022-78 WITH GRANITE CONSTRUCTION
COMPANY IN AN AMOUNT NOT TO EXCEED $859,815 FOR THE

AMERICAN RIVER OUTFALL FOUR REPAIR PROJECT

RECOMMENDATION
Adopt the Resolution.

RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to execute Construction Contract No. 2022-78 in an amount not to exceed $859,815 with Granite Construction Company to construct the American River Outfall Four Repair Project.

BACKGROUND
The American River Outfall Four is located on the southern bank of the American River near Ambassador Park (see Attachment 2 for Project Location and Photos). Stormwater runoff from 930 acres of the City flows into the river at Outfall Four, which was installed in 1978. The large drainage watershed includes Sunriver, Walnut Wood, and portions of Mills Ranch and Prospect Park neighborhoods. The existing apron for the outfall structure has been damaged by decades of river scour and erosion. The proposed improvements include a concrete cutoff wall to protect against river scour and to repair the apron from the outfall into the river. The City has been working over the last year with all the federal and state agencies with jurisdiction over this project to obtain the necessary permits to perform the work.

The Project will require the use of heavy equipment operating on and near the trail. To ensure the safety of trail users, the American River Bike Path will be closed at the work location while the contractor is working for approximately two months in late-summer. Trail users will be directed to detour from El Manto River Access to Sunriver Park along residential roadways (see Attachment 3 for the detour map).

Bids for this work were solicited on the City's Website, CIPList.com, and the Sacramento, Placer and El Dorado County Builders Exchange on May 12, 2022. Bids for the project were publicly opened on Thursday June 2, 2022. One bid was received and the lowest responsible

City Council Staff Report - Page 2 of 2

and responsive bid was $859,815 from Granite Construction Company. The contract award is based on the lowest base bid, and there are no Project bid alternates.

The project is expected to start construction Summer of 2022 and be completed by Fall of 2022.

FISCAL IMPACT AND FUNDING SOURCE
The American River Outfall Four Repair Project is funded from the Stormwater Enterprise Fund. There is no impact to the City's General Fund.

This project is included in the City's current approved FY 2022-23 Capital Improvement Plan.

ATTACHMENT(S)

1. Resolution

2. Project Map

3. Detour Map

4. Granite Bid Package

5. Bid Summary

6. Construction Services Agreement

ITEM 16.2. 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. 2022-78 WITH GRANITE CONSTRUCTION COMPANY IN AN AMOUNT NOT TO EXCEED $859,815 FOR THE AMERICAN RIVER OUTFALL FOUR REPAIR PROJECT WHEREAS, the City solicited bids for the American River Outfall Four Repair Project under the requirements of the state and local laws and publicly opened the bids on June 2, 2022; and
WHEREAS, the lowest responsible bidder was Granite Construction Company; and WHEREAS, adoption of this resolution will award construction Contract No. 2022-78 to Granite Construction Company in an amount not to exceed $859,815 for the American River Outfall Four Repair Project; and
WHEREAS, funding for this Project will consist of the Stormwater Enterprise Fund; and WHEREAS, this Project is consistent with the Removal or Replacement of Facilities described in the Initial Study with Mitigated Negative Declaration (IS/MND) prepared for the routine maintenance of the City’s stream channels and drainage facilities in 2014 (SCH# 2014092016) and is covered under the California Environmental Quality Act (CEQA) analysis included in that document.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does authorize the City Manager to execute construction Contract No. 2022-78 in an amount not to exceed $859,815 with Granite Construction Company in a form approved by the City Attorney.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 18th day of July 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Donald Terry, Mayor
Stacy Leitner, CMC
City Clerk

ITEM 16.2. ATTACHMENT 2

DETOUR MAP
American River Storm Drain Outfall Four
Repair Project
City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, CA 95670
916.851.8700

EL MANTO
RIVER
ACCESS

SUNRIVER
PARK
As part of project construction, the American River Parkway Trail will be closed starting at the El Manto entrance continuing to the Sunriver Park entrance beginning in late Summer 2022.

Signage and a detour route will be provided along the parkway trail and on the city’s website with a detailed timeline.

For more information about upcoming closures, visit
CityofRanchoCordova.org/CurrentProjects.

WHAT TO EXPECT
CityofRanchoCordova.org
ITEM 16.2. ATTACHMENT 3

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CONTRACT NO. 2022-78
1898853.2
Construction Services Agreement between July 18, 2022
City of Rancho Cordova and Granite Construction Company Page 1 of 5

CONSTRUCTION SERVICES AGREEMENT BETWEEN

THE CITY OF RANCHO CORDOVA AND GRANITE CONSTRUCTION COMPANY

FOR AMERICAN RIVER STORM DRAIN OUTFALL FOUR REPAIR
THIS AGREEMENT made and entered into between the City of Rancho Cordova (“City”) and Granite Construction Company (“Contractor”) as of July 18, 2022.

W I T N E S S E T H:

WHEREAS, the City Council for the City heretofore caused plans and specifications for American River Storm Drain Outfall Four Repair (“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 May 12, 2022, on CIPList.com and the City of Rancho Cordova’s website (“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 sealed bid for the performance of the Project specified in said plans and specifications, which said 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 THEREFORE, in consideration of the promises herein, it is mutually agreed between the parties hereto as follows:

Section 1. CONTRACT 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 2016; the Special Provisions; the contract drawings, all addenda; the Notice to Contractors; the Proposal; all required bonds; and all supplemental 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.

Section 2. TERM. The term of this Agreement shall begin on the date first noted above and shall end on December 31, 2023.

Section 3. SCOPE OF WORK. The Contractor will furnish all labor, materials, services, transportation, appliances, and mechanical workmanship required for Contract No. 2022-78 as provided for and set forth in said Plans and Specifications, or in either of them, which said Plans and Specifications are hereby referred and by such reference incorporated herein and made a part of this Agreement. All of the said work done under this Agreement shall be under the supervision of and performed to the satisfaction of the Public Works Director of the City of ITEM 16.2. ATTACHMENT 6

CONTRACT NO. 2022-78
1898853.2
Construction Services Agreement between July 18, 2022
City of Rancho Cordova and Granite Construction Company Page 2 of 5 Rancho Cordova who shall have the right to reject any and all materials and supplies furnished 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 work furnished by the Contractor which shall not either in workmanship or material be in strict accordance with the Plans and Specifications.

Section 4 COMPLETION. Said work shall be completed and ready for acceptance.

Section 5. PAYMENT. Attached hereto as Exhibit “A” and by reference made a part hereof, 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 performed 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 aforesaid bid and proposal, and this Agreement, to wit: Eight Hundred Fifty-Nine Thousand Eight Hundred Fifteen Dollars and Zero Cents ($859,815.00). Said sum shall be paid in accordance with Section 8 of the Standard Specifications. With respect to that portion of the above sum as is based upon the estimated quantities specified for the general scope of the work to be performed herein, actual payment will be based upon the quantities as measured upon completion. No payment made under this Agreement shall be construed to be an acceptance of defective work or improper materials.

Section 6. PREVAILING WAGES. 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 diem wages, and not less than the general prevailing rate of per diem wages for holidays and overtime work, 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, Rancho 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 California Department of Industrial Relations.

Section 7. INSURANCE. The Contractor shall carry and maintain during the life of this Agreement, such public liability, property damage and contractual liability, auto, worker’s compensation and builders’ risk insurance as required by the specifications.

Section 8. 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 require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” Section 9. PERFORMANCE AND PAYMENT BONDS. The Contractor shall, before beginning said work for the Project, file two bonds with the City, each made payable to the City.

These bonds shall be issued by a surety company authorized to do business in the 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 ITEM 16.2. ATTACHMENT 6

CONTRACT NO. 2022-78
1898853.2
Construction Services Agreement between July 18, 2022
City of Rancho Cordova and Granite Construction Company Page 3 of 5 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 Agreement 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 10. INDEMNIFICATION.

10.1 Contractor’s Performance. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its governing Board, officers, directors, agents, employees and volunteers from and against any and all claims, demands, actions, losses, liabilities, damages, and all costs incidental thereto, including 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.

10.2 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 11. MISCELLANEOUS PROVISIONS.

11.1 This Agreement shall bind and inure to the heirs, devisees, assignees, and successors in interest of Contractor and to the successors in interest 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 Kristine Courdy ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

ITEM 16.2. ATTACHMENT 6

CONTRACT NO. 2022-78
1898853.2
Construction Services Agreement between July 18, 2022
City of Rancho Cordova and Granite Construction Company Page 4 of 5

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

Carter Rohrbough
Granite Construction Company
4001 Bradshaw Road
Sacramento, CA 95827
[email protected]
Any written notice to City shall be sent to:

Kristine Courdy
City of Rancho Cordova
Department of Public Works
2729 Prospect Park Drive
Rancho Cordova, CA 95670
[email protected]

11.4 IRS Form W-9. Contractor 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 16.2. ATTACHMENT 6

CONTRACT NO. 2022-78
1898853.2
Construction Services Agreement between July 18, 2022
City of Rancho Cordova and Granite Construction Company Page 5 of 5 IN WITNESS WHEREOF, the City Council and Contractor have caused this Agreement to be executed as of the day and year first above written.

CITY OF RANCHO CORDOVA: CONTRACTOR:

Cyrus Abhar, City Manager Carter Rohrbough, VP Regional Operations III
______
Date Date

Attest:

Stacy Leitner, CMC, City Clerk

Date
Approved as to Form:

Adam U. Lindgren, City Attorney

Date
ITEM 16.2. ATTACHMENT 6

CONTRACT NO. 2022-78
1898853.2
Construction Services Agreement between July 18, 2022
City of Rancho Cordova and Granite Construction Company – Exhibit A Page 1 of 1

EXHIBIT A

CONTRACTOR BID
Refer to Attached Contractor Bid
.

ITEM 16.2. ATTACHMENT 6

ITEM 16.2. ATTACHMENT 6

ITEM 16.2. ATTACHMENT 6

MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 16.3.

DATE: July 18, 2022
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Byron Tang, Senior Civil Engineer
SUBJECT: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NO. 2022-90 WITH THE COUNTY OF SACRAMENTO

FOR TRANSPORTATION OPERATIONS AND MAINTENANCE
SERVICES FOR FISCAL YEARS 2022-2027, ENABLING THE

COUNTY TO CONTINUE ASSISTING THE CITY IN OPERATING AND

MAINTAINING TRAFFIC SIGNAL INFRASTRUCTURE

RECOMMENDATION
Adopt the Resolution.

RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to execute Contract No. 2022-90 with the County of Sacramento to provide Transportation Operations and Maintenance Services to the City of Rancho Cordova. The term of this Agreement shall automatically renew for additional one-year periods commencing July 1, 2027, and each July thereafter through June 30, 2032, unless terminated by either Party.

The contract would enable the County of Sacramento to continue assisting the City of Rancho Cordova in operating and maintaining traffic signal infrastructure in the city.

BACKGROUND
The County of Sacramento has provided traffic signal maintenance and operations services to the City of Rancho Cordova since the City’s inception in 2003. Continuous maintenance is required to keep traffic signal infrastructure functioning throughout the City. The operations and maintenance of the City’s traffic signals is a key service needed to support the modern transportation network within the City. Although the services provided by the County of Sacramento will vary each year, the value has ranged from roughly $570,000 to $820,000 per year in the last five years.

FISCAL IMPACT AND FUNDING SOURCE
The contract would be funded through a combination of Measure A, special districts, and Public Works operating budget.

ATTACHMENT(S)

City Council Staff Report - Page 2 of 2

1. Resolution

2. Contract No. 2022-90

ITEM 16.3. 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. 2022-90 WITH THE COUNTY OF SACRAMENTO FOR TRANSPORTATION OPERATIONS AND MAINTENANCE SERVICES FOR FISCAL YEAR 2022-2027, ENABLING THE COUNTY

TO CONTINUE ASSISTING THE CITY IN OPERATING AND MAINTAINING TRAFFIC

SIGNAL INFRASTRUCTURE
WHEREAS, the City of Rancho Cordova wishes to contract with the County of Sacramento to provide Transportation Operations and Maintenance Services for fiscal year 2022-2027; and
WHEREAS, those services will exceed the maximum amount the City Manager has authorization to approve; and
WHEREAS, the term of this Agreement shall automatically renew for additional one-year periods commencing July 1, 2027, and each July thereafter through June 30, 2032, unless terminated by either Party; and
WHEREAS, the operations and maintenance of the city’s traffic signals is a key service needed to support the modern transportation network within the city; and WHEREAS, there are sufficient funds budgeted to cover the costs of the contract.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA authorizes the City Manager to execute Contract No. 2022-90 with the County of Sacramento, for Transportation Operations and Maintenance Services in a form approved by the City Attorney.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 18th day of July, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Donald Terry, Mayor
Stacy Leitner, CMC
City Clerk

CITY CONTRACT NO. 2022-90
COUNTY CONTRACT NO. 52527
Last Revised June 2021
Transportation Operations and Maintenance Services Agreement between [July 18, 2022] City of Rancho Cordova and the County of Sacramento Page 1 of 10

TRANSPORTATION OPERATIONS AND MAINTENANCE SERVICE AGREEMENT

BETWEEN THE CITY OF RANCHO CORDOVA AND THE COUNTY OF SACRAMENTO THIS AGREEMENT for transportation, operations, and maintenance services is made by and between the City of Rancho Cordova, a California municipal corporation (“City”), and the County of Sacramento, a political subdivision of the State of California (“County”) (together sometimes referred to as the “Parties”) as of July 1, 2022.

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, County shall provide to City the services described in the Service Agreement Plan (Service Plan) 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, 2027, and may not be terminated during this period except upon mutual written consent of the parties or for cause. Thereafter, unless terminated by either Party pursuant to Section 8 below, the term of this Agreement shall automatically renew for additional one-year periods commencing July 1, 2027, and each July thereafter through June 30, 2032.

1.2 Standard of Performance. The County shall perform all traffic signal operations and maintenance services at such levels and time frames as described in the Service Agreement Plan (Service Plan) which is attached hereto and incorporated herein as Exhibit A. Those levels of service and time frames shall stay consistent during the term of this Agreement. All work shall be performed to County standards unless otherwise authorized by a City official and/or engineer. A separate agreement is required for any traffic signal operations and maintenance work if the scope of work falls outside the scope of work described in Exhibit A.

1.3 Assignment of Personnel. The County shall have the responsibility to supervise personnel, hire personnel, establish standards of performance, determine assignment of personnel, determine and effect discipline, determine required training, maintain personnel files and other matters relating to the performance of services and control of personnel.

County shall be responsible for negotiating and administering all labor relations agreements and personnel rules and procedures between County and its employees rendering services pursuant to this Agreement. The City understands that the County is legally obligated to comply with bargaining agreements covering County employees performing services pursuant to this Agreement and, as a result, agrees that the County’s performance under this Agreement shall be subject to any such bargaining agreements.

1.4 Time. County 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 County’s obligations hereunder.

ITEM 16.3. ATTACHMENT 2

CITY CONTRACT NO.: 2022-90
COUNTY CONTRACT NO.: 52527
Last Revised June 2021
Transportation Operations and Maintenance Services Agreement between [July 18, 2022] City of Rancho Cordova and the County of Sacramento Page 2 of 10 Section 2. COMPENSATION. City hereby agrees to pay County on a time and material basis for traffic signal maintenance services to be performed and reimbursable costs incurred under this Agreement, and as specified in Exhibit A. This includes administrative and management support on an hourly basis.

City, further agrees to pay County on a percentage basis as provided in Exhibit B and Section 2.1, an allinclusive amount on a monthly basis for timing of traffic signals within the City. The payments specified below shall be the only payments from City to County for services rendered pursuant to this Agreement.

County shall submit all invoices to City in the manner specified herein.

County and City acknowledge and agree that compensation paid by City to County under this Agreement is based upon County’s costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of County. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which County 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 Adjustment of Loaded Labor Hourly Rates. The loaded labor hourly rates for traffic signal operations services for a given fiscal year will be based on County’s new loaded labor rates, as approved by its Board of Supervisors, released on July 1st of each new fiscal year. An updated rate schedule will be submitted to City for review and approval by July 31st of that fiscal year (see Exhibit B). The loaded labor hourly rates for traffic signal maintenance services for a given fiscal year will be based on County’s effective loaded labor hourly rates, as approved by its Board of Supervisors, released during that fiscal year.

2.2 Invoices. County shall submit invoices not more often than once per 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 County and each employee, agent, and subcontractor of County performing services hereunder, as well as a separate notice when the total number of hours of work by County and any individual employee, agent, or subcontractor of County reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A;
ITEM 16.3. ATTACHMENT 2

CITY CONTRACT NO.: 2022-90
COUNTY CONTRACT NO.: 52527
Last Revised June 2021
Transportation Operations and Maintenance Services Agreement between [July 18, 2022] City of Rancho Cordova and the County of Sacramento Page 3 of 10  The signature of an authorized County representative.

2.3 Monthly Payment. City shall make monthly payments to County, based on invoices received, for all services performed, and for authorized reimbursable costs incurred. City shall pay County within thirty (30) days from the receipt of an invoice that complies with all of the requirements set forth in Section 2.2. If the City disputes any items or charges on the invoices for a reasonable cause, and if agreed by County, the County will resubmit a revised invoice correcting the disputed items or charges, upon which time City shall remit payment to County no later than thirty (30) business days after receipt of the revised invoice. The amount and reason for such a dispute shall be documented in writing to the County no later than thirty (30) business days from receipt of the invoice.

2.4 Minimum and Total Payment.

A. The City shall establish a minimum annual budget of not less than one million dollars ($1,000,000) for each fiscal year during the term of this Agreement. City agrees to pay the County a minimum of fifty percent (50%) (five hundred thousand dollars ($500,000)) of each fiscal year’s budgeted $1,000,000 for all services provided by County under this agreement. Payments toward the fifty percent (50%) annual minimum will be made pursuant to Section 2.3.

B. City shall be entitled to a reduction in the minimum annual payment only to the extent that County fails to provide direct services equivalent to 50% of the budgeted amount after being requested to do so by City.

C. City shall pay, to the County, the actual costs for services rendered by County that exceed $500,000 each fiscal year. City shall not pay any additional sum for any expense or cost whatsoever incurred by County in rendering services pursuant to this Agreement.

City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

2.5 Fees. Field signal maintenance services shall generally be performed on a time and material basis per County’s latest loaded labor hourly rates. Traffic signal operations service shall be provided based on the City’s fair share of the Projected Monthly Traffic Signal Operations Cost for the City of Rancho Cordova as shown in Exhibit B, and as adjusted pursuant to the provisions of Section 2.1 above.

2.6 Reimbursable Expenses. With the exception of supplies, materials, and equipment, reimbursable expenses, if any, are listed in Exhibit B. Expenses, other than supplies, materials and equipment, not listed in Exhibit B are not chargeable to City. The City will reimburse the County for its actual cost of supplies, materials and equipment used in providing services pursuant to this Agreement.

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

ITEM 16.3. ATTACHMENT 2

CITY CONTRACT NO.: 2022-90
COUNTY CONTRACT NO.: 52527
Last Revised June 2021
Transportation Operations and Maintenance Services Agreement between [July 18, 2022] City of Rancho Cordova and the County of Sacramento Page 4 of 10

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

2.9 Authorization to Perform Services. The County is authorized to perform annual proactive maintenance, regular scheduled maintenance, and maintenance as necessary to eliminate hazardous conditions, emergency response as necessary, and maintenance as requested by the City. Refer to Service Plan for maintenance schedules and/or Performance Measures.

Section 3. FACILITIES AND EQUIPMENT. County shall, at its sole cost and expense, provide all necessary labor, supervision, equipment, communication facilities, and supplies that may be necessary to perform the services required by this Agreement. City shall be responsible for supplying any special supplies, stationery, notices, forms, or similar items that are required to be issued with City logo, or letterhead. All such items shall be provided at the City’s sole cost and expense.

Section 4. INSURANCE REQUIREMENTS. Parties acknowledge that County is a self-insured entity.

Section 5. INDEMNIFICATION AND PROFESSIONAL’S RESPONSIBILITIES.

5.1 City. The County and its officers, agents, and employees shall not be deemed to have assumed any liability for the negligence or other act or omission of City or any of its officers, agents, or employees, for any dangerous or defective condition of any public street or work or property of the City, or for any illegality or unconstitutionality of the City’s ordinances. The City shall indemnify and hold the County and its officers, agents, employees, and independent contractors harmless from any claim or liability whatsoever, based or asserted upon the condition of any public street or work or property of the City, upon the illegality or unconstitutionality of any City ordinances, or upon any act or omission of the City or its officers, agents, employees subcontractors and independent contractors related to this Agreement, for property damage, bodily injury or death or any other element of damage of any kind or nature, and the City shall defend at its expense including attorneys’ fees, the County and its officers, agents, employees and independent contractors in any legal action or claim of any kind based upon such condition of any such public street or work or property, such alleged illegality or unconstitutionality of a City ordinance, or such alleged acts or omissions. For the purpose of clarifying City’s obligations under this Section 5.1, City and County agree that, notwithstanding Section

6.2, an “agent” of the City shall not include any County officer or employee engaged in the performance of any service pursuant to this Agreement. Furthermore, with respect to public streets, works, or property, City and County agree that nothing in this Section 5.1 is intended to require City to indemnify and hold harmless the County for any claim or liability arising prior to the incorporation of City on July 1, 2003.

ITEM 16.3. ATTACHMENT 2

CITY CONTRACT NO.: 2022-90
COUNTY CONTRACT NO.: 52527
Last Revised June 2021
Transportation Operations and Maintenance Services Agreement between [July 18, 2022] City of Rancho Cordova and the County of Sacramento Page 5 of 10

5.2 County. County shall indemnify and hold the City and its officers, agents, employees, and independent contractors harmless from and against any loss, damage, claim, or liability whatsoever, based or asserted upon any act or omission of the County or its officers, agents, employees, subcontractors and independent contractors related to this Agreement, for property damage, bodily injury or death or any other element of damage of any kind or nature, and the County shall indemnify and defend at its expense, including attorney fees, the City and its officers, agents, employees and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions.

5.3 PERS. In the event that County or any employee, agent, or subcontractor of County 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, County shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of County 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.

Section 6. STATUS OF COUNTY.

6.1 Independent Contractor. At all times during the term of this Agreement, County shall be an independent contractor as defined in Labor Code Section 3353, and shall not be an employee of City. City shall have the right to control County only insofar as the results of County’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 County accomplishes services rendered pursuant to this Agreement. County shall have no power or authority by this Agreement to bind the City in any respect. All employees and agents hired or retained by County are employees and agents of County and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against County 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, County 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 the California Public Employees Retirement System (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.

6.2 City Agent. Except as City may specify in writing, County shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. County shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

ITEM 16.3. ATTACHMENT 2

CITY CONTRACT NO.: 2022-90
COUNTY CONTRACT NO.: 52527
Last Revised June 2021
Transportation Operations and Maintenance Services Agreement between [July 18, 2022] City of Rancho Cordova and the County of Sacramento Page 6 of 10 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. County and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, County and any subcontractors shall 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. County represents and warrants to City that County 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 and perform Services pursuant to this Agreement. County represents and warrants to City that County 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 and perform Services pursuant to this Agreement.

7.5 Nondiscrimination and Equal Opportunity. County 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 County under this Agreement. County 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 County thereby. County 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. Either Party may terminate this Agreement without cause upon providing six-month advance written notice to the other Party. In the event of termination, City shall compensate County for services satisfactorily performed to the effective date of termination.

ITEM 16.3. ATTACHMENT 2

CITY CONTRACT NO.: 2022-90
COUNTY CONTRACT NO.: 52527
Last Revised June 2021
Transportation Operations and Maintenance Services Agreement between [July 18, 2022] City of Rancho Cordova and the County of Sacramento Page 7 of 10

8.2 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. County’s Director of Department of Transportation shall be authorized to make administrative amendments on behalf of County including, but not limited to, the scope of services, term extensions, management practices, and County operations.

8.3 Assignment and Subcontracting. City and County recognize and agree that this Agreement contemplates personal performance by County and is based upon a determination of County’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 County. County and City may not assign this Agreement or any interest therein without the prior written approval of the other Party, and no assignment shall be of any force or effect unless and until the other Party furnishes such written consent.

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

8.5 Options upon Breach by County. Notwithstanding Section 8.1, if the County fails to perform a material element of this Agreement and further fails to correct such breach after being given a written notice specifically describing the breach within thirty (30) days, the City shall be entitled to terminate this Agreement without further cause upon not less than ninety (90) days prior written notice to the County.

8.6 Options upon Breach by City. Notwithstanding Section 8.1, if the City fails to perform a material element of this Agreement and further fails to correct such breach after being given a written notice specifically describing the breach within thirty (30) days, the County shall be entitled to terminate this Agreement without further cause upon not less than ninety (90) days prior written notice to the City.

8.7 Prior Agreements. This Agreement constitutes the entire contract between City and County regarding the subject matter of this Agreement. Any prior Agreements, whether oral or written, between agencies regarding the subject matter of this Agreement are hereby terminated effective immediately upon full execution of this Agreement.

8.8 Disputes. In the event any dispute arising out of or relating to this Agreement, the agencies will attempt, in good faith, to promptly resolve the dispute mutually between themselves. If the dispute cannot be resolved by mutual Agreement, nothing herein will preclude either agency’s right to pursue remedy or relief by civil litigation, pursuant to the laws of the State of California.

ITEM 16.3. ATTACHMENT 2

CITY CONTRACT NO.: 2022-90
COUNTY CONTRACT NO.: 52527
Last Revised June 2021
Transportation Operations and Maintenance Services Agreement between [July 18, 2022] City of Rancho Cordova and the County of Sacramento Page 8 of 10

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 County’s Books and Records. County 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 County pursuant to this Agreement.

9.2 Inspection and Audit of Records. Any records or documents that Section 9.1 of this Agreement requires County 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 exceed 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 an audit of the City, for a period of three (3) years after final payment under the Agreement.

Section 10 MISCELLANEOUS PROVISIONS.

10.1 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.

10.2 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.

10.3 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.

10.4 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.

10.5 Contract Administration. This Agreement shall be administered on behalf of the City by the City Manager or his/her designee. The Director of Department of Transportation of his/her designee shall administer the Agreement on behalf of the County, and shall be vested with all the rights, powers, and duties of County herein. With respect to matters herein subject to the approval, satisfaction, or discretion of the County, the decision of the Director in such matters shall be final. All correspondence shall be directed to or through the Contract Administrator or their respective designee.

ITEM 16.3. ATTACHMENT 2

CITY CONTRACT NO.: 2022-90
COUNTY CONTRACT NO.: 52527
Last Revised June 2021
Transportation Operations and Maintenance Services Agreement between [July 18, 2022] City of Rancho Cordova and the County of Sacramento Page 9 of 10

10.6 Notices. Any written notice to County shall be sent to:

Attn: Director
Department of Transportation
County of Sacramento
4111 Branch Center Road
Sacramento, CA 95827
Any written notice to City shall be sent to
Attn: Public Works Director
City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, CA 95670

10.7 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 County and supersedes all prior negotiations, representations, or agreements, either written or oral.

10.8 Construction and Interpretation. It is agreed that acknowledged by the parties hereto that the provisions of this Agreement have been arrived at through negotiation, and that each of the Parties has had a full and fair opportunity to revise the provisions of this Agreement and to have such provisions reviewed by legal counsel. Therefore, the normal rule of construction that any ambiguities are to be resolved against the drafting party shall not apply in construing or interpreting this Agreement.

10.9 Authority to Execute. Each person executing this Agreement represents and warrants that he or she is dully authorized and has legal authority to execute and deliver this Agreement for or on behalf of the parties to this Agreement. Each agency represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party’s obligations hereunder have been duly authorized.

ITEM 16.3. ATTACHMENT 2

CITY CONTRACT NO.: 2022-90
COUNTY CONTRACT NO.: 52527
Last Revised June 2021
Transportation Operations and Maintenance Services Agreement between [July 18, 2022] City of Rancho Cordova and the County of Sacramento Page 10 of 10 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
______________________________
Cyrus Abhar, City Manager
Date: ____________________
Attest:

Stacy Leitner, CMC, City Clerk
Date: ____________________
Approved as to Form:
______________________________
Adam U. Lindgren, City Attorney

COUNTY OF SACRAMENTO
______________________________
Ron E. Vicari, Director
Department of Transportation
Date: ____________________
Agreement approved by the
Board of Supervisors with authority
delegated to the Director to sign:

Agenda Date: _______________________
Item No.: ___________________________
Resolution No.: _____________________
Approved as to form:

Katrina G. Nelson, Deputy County Counsel

ITEM 16.3. ATTACHMENT 2

0 Traffic Signal Maintenance and
Operations Agreement
between the County of
Sacramento and the City of
Rancho Cordova
2022-2027
Exhibit - A
ITEM 16.3. ATTACHMENT 2

1 Section I: Traffic Signal Maintenance
Inventory:

Total number of traffic signals maintained and operated for CITY by COUNTY: 103
 95 signals fully with RC- not shared – maintained and operated by COUNTY
 8 shared signals with COUNTY – Assigned to CITY & maintained and Operated by COUNTY
Intelligent Transportation System (ITS)
Video detection connected to the system
88 Switches
85 PTZ cameras
Note: Rancho Cordova is responsible for purchasing and configuring switches and PTZ cameras. Sacramento County will be responsible for installing/replacing switches and PTZ cameras.

Note: On a semi-annual basis Exhibit 1 of this document will be reviewed and if necessary updated to reflect the current inventory of added or deleted items/devices. The review(s) will take place the first week of January and July of each year.

Traffic Signal Maintenance Item 1:

Under this item Sacramento County shall furnish all labor, equipment, and materials required to perform traffic signal maintenance.

Signal activities included in standard maintenance:
 Routine maintenance (semi-annually)
 Knockdown repair of all traffic signal appurtenances
Except signal standards larger than 1B poles
 Signal timing will be checked during routine maintenance.  USA (Underground Service Alert) monitoring, including locating and marking underground signal equipment
 Graffiti removal from signal facilities
 Response to signal indicator “light(s) out” calls (high or low).  Response to all trouble calls (24 hours per day/7 days per week)  Maintain all records for signal timing and repair activities  Minor limb trimming from directly in front of signal faces ITEM 16.3. ATTACHMENT 2

2 Signal activities not included in standard maintenance will be charged to Extra Work on the line item budget:
 Generator runs caused by knockdowns or utility outages  Turn on of new traffic signal and/or new traffic signal controller cabinet equipment not associated with the network.
 Special requests for intersection configuration or timing on weekends, holidays and after normal weekday hours (7am to 4pm) this applies to special events.
 Cabinet and controller modifications within the controller cabinet for changes to existing phasing or equipment upgrades.
 County will assist in checking all proposed modifications of intersections. (Currently Sacramento County Standards).

For response times refer to “Performance Measures” on page 7.

Pedestrian Signal Maintenance Item 2:
“Pedestrian signal maintenance”, for purposes of this item shall include all electrical traffic control devices associated exclusively with pedestrian crossings.

Activities included in standard maintenance are identical to those applicable items specified under item 1, Traffic Signal Maintenance.

Activities not included in standard maintenance are identical to those specified under item 1, Traffic Signal Maintenance.

Response time is specified under item 1
Fire Station Signal Maintenance Item 3:
“Fire station signal maintenance”, for purposes of this item shall include all electrical traffic control devices associated exclusively with fire stations.

Activities included in standard maintenance are identical to those applicable items specified under item 1, Traffic Signal Maintenance.

Activities not included in standard maintenance are identical to those specified under item 1, Traffic Signal Maintenance.

ITEM 16.3. ATTACHMENT 2

3 Traffic Signal Response Classification
Preventative Maintenance:

Sacramento County will perform preventative maintenance on all signals listed on the City of Rancho Cordova Signalized Intersections sheet, see Exhibit 1. A maintenance schedule will not be submitted to the City for review or pre-approval.

Maintenance performed as requested by means of a Service Request The following problems will be resolved as requested by the City by means of a Service Request:
 Fire Department Pre-emption
Check the operation of EVP heads & cards (City is responsible for equipment replacement)
 Railroad Pre-emption
Check for proper operation
 Minor Tree Trimming for Visibility
Traffic signal heads obscured by tree limbs directly in front of signal heads
Emergency Dispatch
The following problems are considered emergencies and will be dispatched immediately and resolved as soon as possible. County will advise the City of emergency response forwarded by 311 via the 311 service request number
 Dark Intersection (SMUD power outage)
 Traffic Signal Light Out (any color)
 Traffic Signal Head Turned (misaligned)
 Vehicle Detection or Traffic Signal Timing Problem
 Pedestrian Signal or Ped Button (any problem)
 Traffic signal Pull Box Damaged (loose, damaged, or missing) including signal interconnect & fiber pull boxes
 Traffic signal controller cabinet or Signal Pole Knocked Down or Hit/Damaged (traffic signals only)
 Simultaneous or Conflicting Colors
 Hand Hole Covers missing (wires exposed)
 Signal on 4-Way Flash
 Traffic Signal Copper Interconnect Conduit/Wire Cut or Damaged ITEM 16.3. ATTACHMENT 2

4  Removal of damaged Traffic Signal Hardware (other than a vehicle accident, parts missing or loose)
Traffic Signals Extra Work
The following items are not considered standard traffic signal maintenance. The maintenance activities described below will be charged on a “Time and Materials” basis and charged to the “Extra Work” line item budget:
 Generator Run
 Signal Cabinet & Controller Replacement
 Signal Service Can Replacement
Generator Run (due to localized power outage/power loss to a signal) Generator Run shall include:
 Initial response to trouble report/call of a dark intersection  Determination of localized power failure
 Reporting of loss of power to the responsible electric entity  Temporary utility power disconnect of affected traffic signal equipment
 Intersection to operate on County of Sacramento supplied electrical generator power until utility power is restored Number of generators are limited and the available generators will be dispatched on County wide priority
 Logbook entry detailing time, date, and duration of emergency generator electrical service provided
Response time is as specified under item 1 (page 2)
ITS and Network Maintenance
Rancho Cordova
Rancho Cordova will initiate a service request to a network outage (traffic signal of video) indicating the location of the problem.

Rancho Cordova is responsible to repair or install damaged fiber optic cable.

Rancho Cordova is responsible to install damaged copper interconnect cable.

ITEM 16.3. ATTACHMENT 2

5 Rancho Cordova is responsible for the fiber wick enclosure connections.

Rancho Cordova is responsible to furnish program/configure the network devices (example; switches, PTZ cameras)
Sacramento County
Sacramento County is responsible to maintain traffic signal cabinet patch cables and connectors.

Sacramento County is responsible to check cables and connectors between cabinet switch and PTZ camera.

Sacramento County is responsible to temporarily splice damaged copper interconnect cable.

Sacramento County is not responsible for devices or systems that are not directly associated with traffic signal operation (examples; Blue TOAD, bike trail devices or systems connected to the traffic signal cabinet).

Signal Cabinet & Controller Replacement
Signal Cabinet &Controller Replacement shall include:
 Initial response to trouble report of signal cabinet knockdown  Determination of signal cabinet knockdown
 Emergency operation of the intersection during-collision aftermath  Removal and disposal of damaged signal equipment. If available photo of damaged equipment.
 Repair of damaged intersection field wiring and (cabinet mounting hardware as necessary)
 Installation of replacement traffic signal controller cabinet and controller equipment not on the network
 Input of timing according to timing sheet in traffic signal controller  Connection and test of all field color, detection, preempt, and interconnect wiring as necessary
 Field certification of conflict monitor
 Logbook entry detailing time, date, duration of intersection on flash, and repair service provided.

Note: Rancho Cordova is responsible for fiber cable reconnection and network device(s) replacement (example; signal controller switches) Response time is as specified under item 1 (page 2)
ITEM 16.3. ATTACHMENT 2

6 Signal Service Pedestal Replacement
Signal Service Pedestal Replacement shall include:
 Initial response to trouble report of service pedestal knockdown  Determination of service pedestal knockdown
 Emergency operation of the intersection during collision aftermath  Removal and disposal of damaged signal equipment
 Repair of damaged electrical wiring and pedestal mounting hardware as necessary
 Installation of replacement service pedestal
 Connection and test of all electrical wiring as necessary  Logbook entry detailing time, date, duration of intersection on flash, and repair service provided.

Response time is as specified under item 1 (page 2)
Note: The County will notify the City when contracts are put out for Traffic Signal Projects, such as, signal head painting, signal relamping, etc. This will allow the City the opportunity to piggy-back on a County project/contract.

Note: It is the City of Rancho Cordova’s responsibility to enter into the logbook any work done by Rancho Cordova staff or by a contractor working on behalf of the City. The County is responsible for entering into the logbook any work done by county staff or contractor doing work on behalf of the County.

Performance Measures
The Following Performance Measures apply to all Signal Maintenance  Technicians and Supervisors will be on-call 24 hours a day, 7 days per week
 For signal malfunctions, pole or cabinet knockdowns, a Technician will arrive on site within 2 hours of notification and corrective action will be taken immediately, or as soon as possible depending on the circumstances and part(s) availability
 Traffic control devices that have been knocked down
(knockdowns) such as a traffic signal control cabinet, will be returned to design configuration within 72 hours
ITEM 16.3. ATTACHMENT 2

7  Minor tree limbs, or vegetation within 3 feet of signal heads that obstruct traffic signals will be removed by County when nonemergency service request is issued  Requests from the City for cost estimates will be processed within 5 work days from receipt of request. Upon approval of cost estimate and City authorization to conduct the work, work will completed within 2 weeks depending upon the availability of labor, parts and materials
 Any request from the City that exceeds $5,000 shall not be initiated without formal approval from City representative
County Communications and Department Customer Service (Both 311)  311 is in operation 24/7. Constituent complaints are processed by 311 and a Service Request is generated. Service Requests for emergency, or hazardous conditions are immediately dispatched to the Traffic Signal Section and/or contact person for immediate response.

Department Emergency Response
 Department Supervisor(s) on-call 24 hours, 7 days per week.

Response to emergencies within 2 hours after receipt of notification ITEM 16.3. ATTACHMENT 2

8 Section II: Traffic Signal Operations
Inventory:
 Centracs Advanced Traffic Management System (ATMS) Ver. 2.3.X with Server to Server (S2S) module
 Genetec Security Center Video Management System (VMS) Ver.

5.9.X with Federation module
 Intelligent Transportation System (ITS) applications.

Note: County staff must be able to access the City ATMS and VMS remotely from County workstations. Econolite Systems is the provider of the City systems and is responsible for maintaining the ATMS and VMS and the ability of the County to access and operate those systems via the software. (City and County IT staff are responsible for the physical and secure network connections between the City and County systems.) If the City changes systems during the life of the agreement, the agreement will need to be reviewed and updated.

Under this item the County of Sacramento shall furnish all labor, equipment and material required to perform traffic signal operations tasks. “Traffic signal operations”, for the purposes of this item, shall include the following:

Recurring Scheduled Services
 Routine checks and adjustments to the coordinated systems These occur continuously throughout the year
 Routine monitoring of the signal system and traffic surveillance cameras
Weekday monitoring of the signal status and cameras on the major corridors and monthly check of each camera status.
 Quadrennial reviews of each signalized intersection
(20 intersections per year) Cal-Trans requires periodic review of State signals and in conformance with that policy, the County schedules quadrennial review for existing signals.

ITEM 16.3. ATTACHMENT 2

9 Recurring Unscheduled Services
 Investigation of service requests for signalized intersections Calls from citizens or staff about short greens, long reds, many stops, etc.
 Retrieval and production of signal documents
Provide signal timing documentation, signal plans, and archived video for Public Record Act requests, RCPD and consultants working for the City.
 Work orders generated by the City and from service requests Implement mitigations determined from signal operations investigations.
 Plan review for new projects and annual overlays
Check plans for signals, signal modifications, overlay and utility conflicts
Services with City Approval
 Work orders generated by intersection review and maintenance Proposed changes or modifications to the intersection operation recommended by operations and/or maintenance staff based on field observation during the course of routine checks
 Collision warrant work orders
Investigate signal operation including timing, detection design, visibility, etc. based on a pre-determined accident threshold  Review and testing of new Intelligent Transportation Systems (ITS) technologies and strategies
Investigate new products and processes for improving signal operations and transportation system performance
These services describe what the normal operation of the existing signals and systems will entail. All work performed by Traffic Signal Operations will be charged on a predetermined flat fee that is recalculated every fiscal year.

ITEM 16.3. ATTACHMENT 2

10 Services Description
Regular Services
 Office review of signal coordination output for arterial o Timing plans selected and implemented
o Consistency of plan selection
o Check for unusual volume and occupancy values
o On-going Signal Performance Measure (SPM) review of
Centracs and/or third party data services.
 Field review of signal coordination operation for Arterials o Drive arterials to check intersection offsets and adjust as needed
o Observe turn pockets and side streets for extensive backups and adjust timing as needed
o Observe major intersections, chart the clearing and nonclearing phases and adjust timing as needed. o Perform annual travel time an delay studies in addition to special requests studies
 Review the signal operation for 20 intersections per year o Check timing sheet and update to current standards
o Observe operation of signal to ensure that timing parameters are adequate
o Visually check all approaches for sight obstructions and confusing signing or markings
Additional Services
Check timing in response to citizen’s requests and reports to police, maintenance, and others
 Confirm that maintenance has checked that all hardware is functioning properly
 Check timing sheet and update to current standards
 Review Work Order and Service Request history of the signal for any pattern of timing issues
 Observe operation of signal to ensure that timing parameters are adequate
ITEM 16.3. ATTACHMENT 2

11 Production of Signal Operations documents
 Respond through the City’s PRA request process when asked to produce timing sheets, plans, archived video footage and other signal operations related documents
Work Orders generated by the City
 Requests by City staff such as pedestrian head installation (simple drawing plus timing), Lane usage investigation (critical volume analysis and striping/signing plan, etc.)
Plan review
 New signal, includes review, new timing sheet, pre-construction meeting attendance and turn-on
 Signal modification: includes plan review, new timing sheet and coordination with Signal Maintenance and Contractor
 Overlay and utility project conflicts
Services with City Approval
Work orders generated by intersection review and maintenance observation
 Modifications to signal based on review and analysis of the signal operation including supporting documentation and may include simple drawing, signing and striping plans etc.

Collision related work orders
 Perform a collision analysis of the intersection design and operation and implement any mitigations that apply. Need to coordinate the generation of these work orders with the RCPD
Review and testing of new Intelligent Transportation Systems (ITS) technologies and strategies
 Work with the vendors to test various methods for detecting objects within the travelled way for purposes of signal operations.  Work with City staff and vendors to test applications for data collection and analysis and the potential uses for the information.

This can include, but is not limited to, Signal Performance Measure (SPMs) that integrate in real-time with the signal system, archiving of the data for reporting and analysis for signal operations and ITEM 16.3. ATTACHMENT 2

12 maintenance review, planning and forecasting activities, academic research, etc.
 Work with City staff and vendors to test various methods of providing traveler information
 Work with City staff and vendors to test various applications related to Connected and Autonomous Vehicles (CAV) and any other new applications that emerge as technology evolves
ITEM 16.3. ATTACHMENT 2

Exhibit B
PROJECTED MONTHLY TRAFFIC SIGNAL OPERATIONS COST FOR THE CITY OF RANCHO CORDOVA (RC) FOR FY22-23 TOTAL NUMBER OF TRAFFIC SIGNALS THAT ARE CURRENTLY MAINTAINED AND OPERATED BY COUNTY: 516RC SIGNALS THAT ARE FULLY LOCATED WITHIN RC AND ARE CURRENTLY MAINTAINED & OPERATED BY COUNTY: 95SHARED SIGNALS THAT ARE CURRENTLY MAINTAINED AND OPERATED FOR RC BY COUNTY : 8CITY OF RANCHO CORDOVA % 19.96% Job Classifications Hours
Hourly Loaded Rate
Effective JULY 1, 2022* Total
Senior Transportation Engineer 2080 $184.97 $384,737.60 Associate Transportation Engineer 2080 $166.17 $345,633.60 Associate Civil Engineer 2080 $162.12 $337,209.60
Assistant Engineer - Civil LV II 2080 $138.06 $287,164.80 Engineering Technician - LV II 2080 $114.49 $238,139.20 Senior Level Engineering Student 1040 $71.98 $74,859.20 GRAND TOTAL BASED ON 616 COUNTY MAINTAINED SIGNALS: $1,667,744.00PROJECTED CITY'S ANNUAL TRAFFIC OPERATIONS COST FOR FY22-23: $332,902.39PROJECTED CITY'S MONTHLY TRAFFIC OPERATIONS COST FOR FY22-23: $27,741.87 NOTE:* HOURLY LOADED RATES WILL BE BASED ON JULY 1ST OF A NEW FISCAL YEAR FOR THIS AGREEMENT AND EACH FISCAL YEAR THEREAFTER.PREPARED BY: MIKE MESCHI, PEPREPARED ON : 07/05/2022

EXHIBIT B
ITEM 16.3. ATTACHMENT 2

FISCAL SERVICES

LABOR RATES
FISCAL YEAR 2022-2023
Fund 005B Cost Center 2962613000 DOT MAINTENANCE OPERATIONS Class
Code Class Title
Factored
Hourly Indirect
Admin +
Overhead Total
Effective: July 1, 2022
Expedited
Hourly
27706 Assoc Civil Engineer $115.12 $17.00 $30.00 $162.12 27709 Sr Civil Engineer $135.67 $17.00 $30.00 $182.67
27711 Asst Engineer - Civil Lv 2 $91.06 $17.00 $30.00 $138.06 27911 Engineer Architect Student Intern Rng SR $24.98 $17.00 $30.00 $71.98 27958 Sr Engineering Technician $76.12 $17.00 $30.00 $123.12 27961 Engineering Technician Lv 2 $67.49 $17.00 $30.00 $114.49 28086 Assoc Landscape Architect $102.64 $17.00 $30.00 $149.64 28088 Sr Landscape Architect $140.14 $17.00 $30.00 $187.14 28238 Principal Civil Engineer $144.15 $17.00 $30.00 $191.15 28245 Principal Engineering Technician $92.18 $17.00 $30.00 $139.18 28914 Asst Landscape Architect Lv 2 $82.10 $17.00 $30.00 $129.10 29276 Assoc Transportation Engineer $119.17 $17.00 $30.00 $166.17 29277 Sr Transportation Engineer $137.97 $17.00 $30.00 $184.97 July 5, 2022 Page 29 of 59
ITEM 16.3. ATTACHMENT 2

MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 16.4.

DATE: July 18, 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 would 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 16.4. 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 18th day of July, 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 16.4. ATTACHMENT 2

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

FOR ON-CALL PAVEMENT MAINTENANCE SERVICES
THIS AGREEMENT 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, on 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 sealed bid for the performance of the Project specified in said plans and specifications, which said 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 THEREFORE, in consideration of the promises herein, it is mutually agreed between the parties hereto as follows:

Section 1. CONTRACT 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 2016; the Special Provisions; the contract drawings, all addenda; the Notice to Contractors; the Proposal; all required bonds; and all supplemental 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”.

Section 2. SCOPE OF WORK. The Contractor 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 furnished 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 16.4. ATTACHMENT 3 Contract No. 2022-69

work furnished by the Contractor which shall 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 Exhibit 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 performed 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 aforesaid 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.

Section 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 be responsible for carrying out the requirements of such provisions. 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 diem wages, and not less than the general prevailing rate of per diem wages for holidays and overtime work, 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, Rancho 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 California 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 any 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 to 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 determined 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 16.4. 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 City, or the deposit with the City by the Contractor, of any of the insurance policies described in this Agreement.

Section 6. INSURANCE. 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, and 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 require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
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 the 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 Agreement 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, Contractor shall indemnify, defend and hold harmless City, its governing Board, officers, directors, agents, employees and volunteers from and against any and all claims, demands, actions, losses, liabilities, damages, and all costs incidental thereto, including 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 eligible for enrollment in PERS as an employee of City, Contractor 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 Contractor 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 16.4. 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 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 Contractor thereby. Contractor shall include the provisions of this section in any subcontract approved by the City.

Section 11. MISCELLANEOUS PROVISIONS.

11.1 This Agreement shall bind and inure to the heirs, devisees, assignees, and successors in interest of Contractor and to the successors in interest 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 directed 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 W9 to the City before execution of this Agreement. The City’s Finance Director shall have authority to waive this requirement.

ITEM 16.4. ATTACHMENT 3 Contract No. 2022-69

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

CITY OF RANCHO CORDOVA: CONTRACTOR:

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

Stacy Leitner, CMC, City Clerk
Date
Approved as to Form:

Adam U. Lindgren, City Attorney
Date
ITEM 16.4. ATTACHMENT 3 Contract No. 2022-69

SECTION 2

SCOPE OF SERVICES

2.1 WORK GUIDANCE
All work to be done by any Bidder selected to perform the work outlined in this RFB shall be guided by the:
• County of Sacramento, Municipal Services, Standard Construction Specifications https://saccountyspecs.saccounty.gov/Pages/default.aspx • Standard Specifications, 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 this RFB, herein referred to as Special Provisions.

A complete, 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 DESCRIPTION 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 requires the selected Bidder to meet the following minimum standards:

Workmanship: 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 services, 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 in 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 during contract work, noncompliance may result in work stoppage by the Contract Manager.

ITEM 16.4. 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.

Equipment: Selected 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 COMMENCEMENT 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 Biddershall 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 City 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 TERM 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 to provide an adequate working force shall be considered as grounds for the termination of the contract.

This Agreement 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 SUBCONTRACTORS
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 16.4. ATTACHMENT 3 Contract No. 2022-69

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

2.6 ADDITIONAL 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 16.4. ATTACHMENT 3 Contract No. 2022-69

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APPENDIX B

INSURANCE REQUIREMENTS
Without 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 provisions 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.

VERIFICATION 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.

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

1. GENERAL 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. AUTOMOBILE 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. WORKER’S COMPENSATION: Statutory requirements of the State of California and Employer’s Liability Insurance.

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

ITEM 16.4. ATTACHMENT 3 Contract No. 2022-69

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.

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

1. General Liability shall be on an Occurrence basis (as opposed to Claims Made basis).

Minimum limits and structure shall be:

General 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
Building 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 form CG-2503 AmendmentAggregate Limits of Insurance (Per Project).

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

3. Worker’s Compensation: Statutory.

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

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

DEDUCTIBLES 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.

CLAIMS 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.

ITEM 16.4. ATTACHMENT 3 Contract No. 2022-69

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

3. If coverage 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.

OTHER 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, officials, 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 brought, 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 nonITEM 16.4. ATTACHMENT 3 Contract No. 2022-69

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 construction 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 with 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 16.4. ATTACHMENT 3 Contract No. 2022-69

APPENDIX C

ADDITIONAL SPECIAL PROVISIONS
C.1) PAYROLL 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) PREVAILING WAGE
See Section 5 in Appendix A.

C.3) PRESERVATION OF PROPERTY
Attention is directed to Section 13-1.01, "Preservation of Property" of the Standard Construction Specifications and these Special Provisions.

The Contractor 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) TRAFFIC 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.

Typically, 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 nonconstruction 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 traffic 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 16.4. ATTACHMENT 3 Contract No. 2022-69

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 any 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 Contract 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 compensation 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) REGULATIONS 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) PERSONNEL
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) SUPERVISION
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) DISMISSAL 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 16.4. ATTACHMENT 3 Contract No. 2022-69

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) PAYMENT
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 the 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 of Rancho Cordova
Public Works Department
3303 Luyung Drive
Rancho Cordova, CA 95742
ATTN: Victor Ramos
C.10) WITHHOLDING 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) FAILURE 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 recovered by withholding payments. The ITEM 16.4. ATTACHMENT 3 Contract No. 2022-69

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) INSPECTION
The Contractor might receive an 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.

Lack 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 reports does not relieve the Contractor of his obligations to provide services as required by these specifications.

C.13) COMPLIANCE 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) INSURANCE
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 95742, 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) INDEMNITY
The Contractor indemnifies the City as stated in Section 9 of Appendix A.

C.16) CODES 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) Authorities 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) When 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) TERMINATION
Any contract resulting from this RFB may be canceled by either party upon sixty (60) calendar days advance notice in writing.

ITEM 16.4. ATTACHMENT 3 Contract No. 2022-69

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) COOPERATION
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) PUBLIC 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 work will commence before 8:30 a.m. on the City main arterial and collector street without prior written approval by the Contract Manager.

Temporary 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 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.

ITEM 16.4. ATTACHMENT 3 Contract No. 2022-69

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 Contractor 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 toll-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.

Construction 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) WATER POLLUTION CONTROL
Water pollution control work shall conform to the requirements in Section 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.

Implementation, inspection, maintenance, and modification of the WPCP shall be in accordance with the States’s Storm Water Quality Handbooks, Construction Site Best Management Practice Field Manual and Trouble Shooting Guide, current addition.

Copies 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 Contractor 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.

Unless 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.

ITEM 16.4. ATTACHMENT 3 Contract No. 2022-69

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 various contract items of work involved and no additional compensation will be allowed, therefore.

C.23) QUANTITIES
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) MOBILIZATION
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 contract 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) EMERGENCY 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 notification.

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 16.4. ATTACHMENT 3 Contract No. 2022-69

Tasks: Generally, Emergency Work procedures shall include, but is not limited to, the following steps:
• Receipt and confirmation of the requested task;
• Initial response to maintenance site and evaluation of problem & site conditions; • Implementation of appropriate traffic controls;
• Perform the requested task;
• Field check for proper operation and restore site to a safe condition; Response: Emergency response may be initiated by the City or the Contractor (if emergency condition observed in the field and upon notification provided to the City). The Contractor shall provide emergency response 24 hours per day, seven days per week, including holidays. The response time sequence is as follows:
• The Contractor must have a supervisor available at all times. • The Contractor shall make the site safe immediately or as soon as possible. • The Contractor shall immediately advise the City of any emergency situation by phone and follow up with a written report (email) by end of next business day. • Corrective action shall be taken immediately.

Contractor shall have the capability to provide all necessary materials, equipment, and labor in time frames referenced above.

C.27) DUST CONTROL
The Contractor’s attention is directed to Section 17, “Dust Control,” of the Standard Construction Specifications. The Contractor shall be responsible for dust control. The Contractor shall diligently control dust resulting from his operations and from public traffic passing through the work area by the application of water and/or dust palliative. Dust palliative shall conform to Section 17-2, “Dust Palliative,” of the Standard Construction Specifications.

The Contractor shall provide dust control at all times including Saturdays, Sundays, and holidays.

Whenever the Contractor shall appear negligent in controlling dust, the Contract Manager may direct attention to the existence of a dust hazard and instruct the Contractor to immediately alleviate the dust hazard.

Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed, therefore.

ITEM 16.4. ATTACHMENT 3 Contract No. 2022-69

C.28) CLASS 2 AGGREGATE BASE (AB)
Aggregate base shall be Class 2 and shall conform to Section 22-2, “Aggregate Base”, of the Standard Construction Specifications, Section 26, “Aggregate Bases”, of the Standard Specifications.

Aggregate base shall be produced from commercial quality aggregate consisting of broken stone, crushed gravel, clean, rough-surfaced gravel and sand, or a combination thereof. The grading of the material shall be three-fourth inch (3/4”) maximum. Spreading and compacting shall be performed by methods that will produce a uniform base when firmly and properly compacted free from pockets of coarse or fine material.

The Contractor shall insure the subbase is compacted to the requirements set forth in Section 25, “Aggregate Subbases”, of the Standard Specifications before placing aggregate base.

The aggregate base and aggregate subbase shall be placed in layers not to exceed 5" thick and shall have a relative compaction of 95% Class 2 aggregate. Aggregate base that is used to provide temporary access to work areas, driveways, and all other work that is necessary shall be paid for by the Contractor.

Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed, therefore.

C.29) ASPHALT CONCRETE (AC), TYPE A
The work in this section shall include all labor, materials, and equipment required to complete all asphalt paving work, including, but not necessarily limited to, asphalt pavements and bases, asphalt overlays, and asphalt as specified herein or otherwise necessary so that other materials or work may be installed and/or performed and that the whole work is completed in accordance with the contract documents.

Tack coat of Type SS-1 asphaltic emulsion shall conform to Section 39, “Asphalt Concrete”, and 94, “Asphaltic Emulsions”, of the Standard Specifications and shall be included in the unit bid price for asphalt concrete. All asphalt concrete on this project shall be as follows and as specified in Section 39 “Asphalt Concrete”, of the Standard Specifications and these Specifications.

All asphalt shall be viscosity grade AR-8000 and shall conform to the requirements of Section 92, “Asphalt Binders”, of the Standard Specifications. Supplying, mixing, proportioning and storing Asphalt Concrete, Type A shall conform to the requirements as specified in Section 39, “Asphalt Concrete” of the Standard Specifications.

ITEM 16.4. ATTACHMENT 3 Contract No. 2022-69

Mix Design Tolerances – Certificate of compliance shall be required from the supplier of the asphalt concrete and delivered to the Contract Manager, or their designee, not less than ten (10) working days prior to any scheduled asphalt concrete work.

TEST INDIVIDUAL TEST

RESULTS

TEST METHOD
NO. CALIFORNIA
Loss in L.A. Rattler (after 500 rev.) 45% Max. 211
Kc and Kf 1.8 Max. 303
Sand Equivalent 45 Min. 217
Stabilometer Value
¾” 35 Min.
30 Min.
304
304
3/8”
Moisture Vapor Susceptibility 25 Min. 307
Swell 0.030” Max. 305
Lab Compacted Density 304
Maximum Specific Gravity ASTM D-2041
Air Voids Content (%) 3 Min. – 4.5 Max.

Preparation for AC Type A shall conform to these Specifications. The tack coat shall be applied at the approximate rate of 0.05 to 0.15 gallon per square yard. The exact rate will be determined by the Contract Manager. The area to which a tack coat has been applied shall be closed to public traffic. Care shall be taken to avoid tracking binder material onto existing pavement surfaces beyond the limits of construction.

Hauling of asphalt concrete to the job site shall be in accordance with Section 23-5, “Hauling Equipment”, of the Standard Construction Specifications and these Specifications. Placement of asphalt concrete shall be in accordance with Section 23-8, “AC Placement Method”, of the Standard Construction Specifications and these Specifications. Should the methods and equipment furnished by the Contractor fail to produce a layer of asphalt concrete conforming to the requirements, including straightedge tolerance, of Section 39, “Asphalt Concrete”, of the Standard Specifications, the paving operations shall be discontinued and the Contractor shall modify his equipment or furnish substitute equipment. Placing of the asphaltic concrete adjacent to the lips of gutters shall be such that a rise above said lips of 1/4 inch shall remain after compaction.

ITEM 16.4. ATTACHMENT 3 Contract No. 2022-69

Acceptance testing shall be in accordance with Section 23-9, “AC Placement Acceptance Testing” of the Standard Construction Specification. The Contractor shall remove and replace asphalt concrete that is tested for in-place relative compaction of less than 93%. Finished asphalt concrete pavement which does not conform to the specified compaction requirements will be paid for using the following pay factors:

IN PLACE RELATIVE

COMPACTION

PAY FACTORS
93% or greater 100%

92.9% – 92% 95%

91.9% - 90% 90%

89.9% or less Remove and replace as directed
by the Contract Manager, or their
designee.

The completed surface shall be thoroughly compacted, smooth, and true to grade and cross section, free from ruts, humps, depressions or irregularities. When a straight edge 10 feet long is laid on the finished surface and parallel with the center line of the highway, the surface shall not vary more than 0.01 feet from the lower edge of the straight edge. When tested transversely to traffic, the surface shall incline continuously in the direction of the drainage so that no depressions, which will not drain, remain in the surface after rolling. Any ridges, indentations or other objectionable marks left in the surface of the asphalt concrete by equipment shall be eliminated by rolling or other means. The use of any equipment that leaves ridges, indentations or other objectionable marks in the asphalt concrete shall be discontinued and other acceptable equipment shall be furnished by the contractor. A drop-off of more than 0.15-feet will not be allowed at any time between adjacent lanes open to public traffic. Kraft paper, or other approved bond breaker, may be placed under the conform tapers to facilitate the removal of the taper when paving operations resume. Half-width surfacing operations shall be conducted in such manner that, at the end of each day’s work, the distance between the ends of adjacent surfaced lanes shall not be greater than can be completed in the following day of normal surfacing operations. Shoulders adjacent to a lane being paved shall be surfaced prior to opening the lane to traffic. Finishing roadway shall conform to Section 22, “Finishing Roadway” of the Standard Specifications. The entire roadway and right-of-way shall be left in a neat and presentable condition to the satisfaction of the Contract Manager, or their designee.

Quantities of material wasted or disposed of in a manner not called for under the contract, or rejected loads of material, including material rejected after it has been placed by reason of the failure of the Contractor to conform to the provisions of the contract, or materials placed outside the lines indicated from the transporting vehicle, or material remaining on hand after completion of the work, will not be paid for and such quantities will be deducted from the final total quantities.

ITEM 16.4. ATTACHMENT 3 Contract No. 2022-69

No compensation will be allowed for hauling rejected material. Asphalt Concrete, Type A is specified as included in other items of work listed in the RFB and no additional compensation shall be allowed, therefore.

C.30) BASE REPAIR
Base Repair provides for the full removal and replacement of minor areas of failed pavement. The estimated quantities involved in this section are for bidding purposes only. The quantity may be extended, reduced or deleted at the discretion of the Contract Manager, with no change in unit price.

Tack coat of asphalt emulsion shall conform to Sections 37, “Bituminous Seals”, 39, “Asphalt Concrete”, and 94, “Asphaltic Emulsions” of the Standard Specifications. Aggregate Base –Class II and Asphalt Concrete, ¾” Type A shall comply with these Special Provisions.

Base Repair shall consist of saw cutting, excavation and removal of existing failed roadway pavement and basement material and proper disposal of all unsuitable materials. The structural section for Base Repair shall be the following unless directed otherwise by the Contract Manager. • Residential Base Repair shall be 3” AC over 6” AB
• Collector Base Repair shall be 4” AC over 14” AB
• Arterial Base Repair shall be 5.5” AC over 20.5” AB
The areas of Base Repair shall have a minimum width of six (6) feet, a minimum length of ten (10) feet, although most areas may be significantly larger in both dimensions. The area of removal of failed pavement and basement materials shall be as determined by the Contract Manager in the field. Any pavement removal required near the lip of gutter, the existing edge of pavement, or another area of pavement removal shall be extended such that no existing pavement shall remain with a width of less than twenty-four (24) inches.

A tack coat of asphalt emulsion shall be applied to all concrete and asphalt concrete edges in preparation for installing deep lift asphalt concrete. Each layer of asphalt concrete shall not exceed

0.40 foot in compacted thickness. No layer shall be placed over a layer which exceeds 0.25 foot in compacted thickness until the temperature at mid-depth, of the layer which exceeds 0.25 foot in compacted thickness, is no more than 160oF. The maximum thickness of the surface layer of deep lift asphalt concrete, that layer directly below leveling course or overlay, shall be 0.25 foot. Areas of Base Repair shall be brought up to the existing surface grade.

Payment for Base Repair shall be made per square foot of area repaired, as measured in the field.

Payment shall be at the contract unit price bid per square foot and shall include all traffic control, saw cutting, excavation, removal and disposal of un-suitable material, furnishing and placement of Class II Aggregate Base, tack coat and ¾” Type A Asphalt Concrete and labor and materials involved and no additional payment allowed, therefore.

ITEM 16.4. ATTACHMENT 3 Contract No. 2022-69

C.31) GRIND AND REPLACE AC REPAIR
Grind and replace AC Repair provides for the full removal and replacement of minor areas of failed asphalt concrete to a depth of 2”, 3”, 4” or 6” as determined by the Contract Manager. The estimated quantities involved in this section are for bidding purposes only. The quantity may be extended, reduced or deleted at the discretion of the Contract Manager, with no change in unit price.

Tack coat of asphalt emulsion shall conform to Sections 37, “Bituminous Seals”, 39, “Asphalt Concrete”, and 94, “Asphaltic Emulsions” of the Standard Specifications. Aggregate Base –Class II and Asphalt Concrete, ¾” Type A shall comply with these Special Provisions.

Grind and Replace AC Repair shall consist of saw cutting, excavation and removal of existing failed roadway pavement and basement material and proper disposal of all unsuitable materials. The areas of Grind and Replace AC Repair shall have a minimum width of six (6) feet, a minimum length of ten (10) feet, although most areas may be significantly larger in both dimensions. The area of removal of failed pavement and basement materials shall be as determined by the Contract Manager in the field. Any pavement removal required near the lip of gutter, the existing edge of pavement, or another area of pavement removal shall be extended such that no existing pavement shall remain with a width of less than twenty-four (24) inches. Replacement shall be made by means of deep lift asphalt concrete of the specified depth.

A tack coat of asphalt emulsion shall be applied to all concrete and asphalt concrete edges in preparation for installing deep lift asphalt concrete. Each layer of asphalt concrete shall not exceed

0.40 foot in compacted thickness. No layer shall be placed over a layer which exceeds 0.25 foot in compacted thickness until the temperature at mid-depth, of the layer which exceeds 0.25 foot in compacted thickness, is no more than 160oF. The maximum thickness of the surface layer of deep lift asphalt concrete, that layer directly below leveling course or overlay, shall be 0.25 foot. Areas of Grind and Replace AC Repair shall be brought up to the existing surface grade.

Payment for Grind and Replace AC Repair shall be made per square foot of area repaired, as measured in the field. Payment shall be at the contract unit price bid per square foot and shall include all traffic control, saw cutting, excavation, removal and disposal of un-suitable material, furnishing and placement of tack coat and ¾” Type A Asphalt Concrete and labor and materials involved and no additional payment allowed, therefore.

C.32) AC OVERLAY (2”)
AC shall conform to the provisions of Section 23, “Aphalt Concrete” of the Standard Construction Specifications. The work in this section shall include all labor, materials, tools, equipment and incidentals, as specified herein or otherwise necessary to complete the whole work in accordance to these Specifications. The estimated quantity for AC is for bidding purposes only. The quantity may be extended, reduced or deleted at the discretion of the Contract Manager, with no change in unit price.

ITEM 16.4. ATTACHMENT 3 Contract No. 2022-69

AC shall conform to the requirements for Acceptance Testing and Test Sections as specified in Section 23-9, “AC Placment Acceptance Testing” of the Standard Construction Specifications.

Asphalt Concrete shall comply with these Special Provisions.

The Contractor shall be responsible for removing all vegetation from the edge of pavement, sweeping and washing the pavement, if required, in advance of the overlay operation. It is recommended that a power water wash be used in deceleration zones for the complete removal of dust that may cause overlay slippage.

All manholes, utility vaults, valve boxes and survey monument covers encountered in the area to be overlaid with asphalt concrete shall be carefully referenced out prior to the overlay by the Contractor. All exposed survey monuments shall be referenced out prior to the overlay, covered by an appropriate method approved by the Contract Manager, and uncovered after the overlay without disturbing or damaging the survey monument.

The planing of asphalt concrete pavement shall be performed by cold planing. The cold planing machine shall have a cutter head at least five (5) feet wide and shall be operated so as not to produce fumes or smoke. The road surfacing to remain in place shall not be damaged in any way. The planed road surface shall not be damaged or spalled.

Pavement planning shall be to within one (1) foot on all sides of manhole rims, drain inlets, vaults, valve boxes, and any other roadway appurtenances located in the planing area, unless the objects fall within three (3) feet of the lip of gutter. Following planning operations, no drop-off will be allowed at any time adjacent to driveways or around the edges of manhole rims, drain inlets, vaults, valve boxes, and any other roadway appurtenances. Where transverse joints are planned in the pavement at conform lines, no drop-off shall remain between the existing pavement and the planed area when the pavement is opened to public traffic.

If permanent asphalt concrete has not been placed to the level of existing pavement before the pavement is to be opened to public traffic, a temporary asphalt concrete taper shall be constructed.

Asphalt concrete for temporary tapers shall be placed to the level of the existing pavement and tapered in five (5) feet to the level of the planed area. Asphalt concrete for tapers shall be commercial quality and may be spread and compacted by any method that will produce a smooth riding surface. Asphalt concrete tapers shall be completely removed, including removing all loose material from the underlying surface, before placing the permanent surfacing. Full compensation for furnishing asphalt concrete for temporary tapers and for constructing, maintaining, removing, and disposing of the tapers shall be considered as included in the contract price paid per square foot for pavement planing (wedge grinding) and no additional compensation will be allowed therefore.

All planed material, not used to replace unsuitable material removed from this project, shall be transported and properly disposed of offsite. Transport and off-loading of material shall be considered incidental and included in the unit price paid for this item.

ITEM 16.4. ATTACHMENT 3 Contract No. 2022-69

Planed pavement shall not remain exposed to traffic for more than five (5) calendar days before paving. It shall be the responsibility of the Contractor to schedule planing and paving operations to meet this requirement.

The contract unit price paid per square foot for AC Overlay (2”) shall include full compensation for furnishing all labor, materials, tool, equipment, and incidentals, and for doing all work involved in placing AC complete in place, including all traffic control, pre-level preparation, wedge grinding and furnishing and spreading sand cover if directed by the Contract Manager, furnishing and placement of ½” Type A AC and labor and materials involved as specified in the Standard Specifications and these Special Provisions, and as directed by the Contract Manager and no additional compensations shall be allowed, therefore.

Quantities of material wasted or disposed of in a manner not called for under the contract, or rejected loads of material, including material rejected after it has been placed by reason of the failure of the Contractor to conform to the provisions of the contract, or materials placed outside the lines indicated from the transporting vehicle, or material remaining on hand after completion of the work, will not be paid for and such quantities will be deducted from the final total quantities.

No compensation will be allowed for hauling rejected material.

C.33) LEVELING COURSE
This work includes placing of AC overlay balance, filling low areas and covering heavy alligator cracking over designated areas. The estimated quantities involved in this section are for bidding purposes only. The quantity may be extended, reduced or deleted at the discretion of the Contract Manager, with no change in unit price.

Tack coat of asphalt emulsion shall conform to Sections 37, “Bituminous Seals”, 39, “Asphalt Concrete”, and 94, “Asphaltic Emulsions” of the Standard Specifications. Aggregate Base –Class II and Asphalt Concrete, ¾” Type A shall comply with these Special Provisions.

Overlay balance, mechanical, shall mean filling low areas or covering alligator cracks with AC to match existing pavement contours. A maximum of one (1) inch depth leveling course will be laid with tapering to conform to existing roadways. Depth and amount of area to receive leveling course may change as directed by the Contract Manager.

Pavement delineation removal shall be coordinated with temporary delineation so that lane lines are provided at all times on traveled ways open to public traffic. Temporary reflective pavement markers shall be placed at intervals of not more than 25 feet. Temporary reflective raised pavement markers shall be the same color as the existing lane line or centerline.

Leveling Course will be measured by the ton of AC actually placed. Weight certificates shall be furnished by the Contractor to the Contract Manager at the job site upon delivery of the material.

The contract unit price per ton for Leveling Course shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in applying the tack coat and constructing leveling course complete in place as specified in these specification.

ITEM 16.4. ATTACHMENT 3 Contract No. 2022-69

Quantities of material wasted or disposed of in a manner not called for under the contract, or rejected loads of material, including material rejected after it has been placed by reason of the failure of the Contractor to conform to the provisions of the contract, or materials placed outside the lines indicated from the transporting vehicle, or material remaining on hand after completion of the work, will not be paid for and such quantities will be deducted from the final total quantities.

No compensation will be allowed for hauling rejected material.

C.34) CRACK SEALING
Crack Sealing provides for the application of an asphalt-based or other approved crack seal product to the cracks in AC pavements to minimize water infiltration through the road surface. The estimated quantities involved in this section are for bidding purposes only. The quantity may be extended, reduced or deleted at the discretion of the Contract Manager, with no change in unit price.

The contractor shall submit, to the Contract Manager, product performance specifications for the crack filling material proposed to be used. No application shall be performed until the material has been approved by the Contract Manager.

The Contractor shall implement the appropriate traffic control. Crack preparation, material application and curing shall be in accordance with the manufacturer’s recommendations and to the satisfaction of the Contract Manager.

Payment for Crack Sealing shall be made per lineal foot of application, as measured in the field.

Payment shall be at the contract unit price bid per lineal foot and shall include traffic control, surface preparation, application curing time and all labor and materials involved and no additional payment allowed, therefore.

C.35) POTHOLE PATCHING
Pothole Patching provides for the application of an asphalt-based patching compound to fill potholes and provide a smooth running surface. The estimated quantities involved in this section are for bidding purposes only. The quantity may be extended, reduced or deleted at the discretion of the Contract Manager, with no change in unit price.

The contractor shall submit, to the Contract Manager, product performance specifications for the pothole patching materials proposed to be used. No application shall be performed until the material has been approved by the Contract Manager.

The Contractor shall implement the appropriate traffic control. Pothole preparation, material application and curing shall be in accordance with the manufacturer’s recommendations and to the satisfaction of the Contract Manager.

Payment for Pothole Patching shall be made per square foot of application, as measured in the field.

Payment shall be at the contract unit price bid per square foot and shall include traffic control, surface preparation, application curing time and all labor and materials involved and no additional payment allowed, therefore.

ITEM 16.4. ATTACHMENT 3 Contract No. 2022-69

MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 16.5.

DATE: July 18, 2022
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Quoc Nham, Senior Civil Engineer
SUBJECT: A RESOLUTION APPROVING THE FINAL MAP OF THE RANCH VILLAGE 3, SUBDIVISION NO. FM-2021-002-06, AND AUTHORIZING

THE CITY MANAGER TO EXECUTE THE SUBDIVISION
IMPROVEMENT AGREEMENT CONTRACT NO. 2022-49 WITH K.

HOVNANIAN AT JAEGER RANCH, LLC.

RECOMMENDATION
Adopt the Resolution.

RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to execute Subdivision Improvement Agreement Contract No. 2022-49, Attachment 2, guaranteeing the construction of public roads and utilities with K. Hovnanian at Jaeger Ranch, LLC. and the recording of the final subdivision map for The Ranch Village 3, creating 65 residentially zoned lots located north of Chrysanthy Blvd and east of Rancho Cordova Parkway.

BACKGROUND
The map has been examined and checked for compliance with Title 22 of the City of Rancho Cordova Municipal Code and the California Subdivision Map Act. The City Council approved the Small Lot Tentative Map on January 6, 2020. A Development Agreement by the City and K.

Hovnanian at Jaeger Ranch, LLC. was entered into on February 21, 2020 and recorded on May 1, 2021 in the Official Records of Sacramento County at Book 20200501, Page 0617. A copy of the final map, Attachment 3, and copy of the vicinity map, Attachment 4, are included with this letter.

Roads are offered for dedication with this subdivision. K. Hovnanian at Jaeger Ranch, LLC. has provided a performance and labor and material bond guaranteeing the construction of the public improvements. Wood Rodgers, Inc. has waived the requirement for a bond to guarantee payment for setting the survey monuments with the subdivision. The soil report requirement has been satisfied by Wallace-Kuhl and Associates dated December 12, 2019.

There are no delinquent taxes against the property and the Tax Collector has so certified. The 2021/2022 estimated taxes have been secured with the Sacramento County Tax Collector.

City Council Staff Report - Page 2 of 2

FISCAL IMPACT AND FUNDING SOURCE
There is no fiscal impact to the City.

ATTACHMENT(S)

1. Resolution

2. Final Map

3. Vicinity Map

4. Subdivision Improvement Agreement

ITEM 16.5. 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, APPROVING THE FINAL MAP OF THE RANCH VILLAGE 3, SUBDIVISION NO. FM-2021-002-06, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUBDIVISION IMPROVEMENT AGREEMENT CONTRACT NO. 2022-49 WITH K. HOVNANIAN AT JAEGER RANCH, LLC.

WHEREAS, the City Council approved the Small Lot Tentative Map on January 6, 2020 per Resolution No. 5-2020; and
WHEREAS, the map is in substantial compliance with the approved tentative map; and WHEREAS, the conditions of approval have been complied with; and WHEREAS, the map complies with Title 22 of the City of Rancho Cordova Municipal Code and the California Subdivision Map Act; and
WHEREAS, the approval of final maps is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Regulation Section 15268(b)(3) as a ministerial approval; and
WHEREAS, the City desires to enter into a subdivision improvement agreement with the developer to ensure necessary public improvements are completed and secured with a bond.

NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does approve the Final Map of The Ranch Village 3 Subdivision No. FM-2021-002-06 and does authorize the City Manager to execute Subdivision Improvement Agreement Contract No. 2022-49 with K. Hovnanian at Jaeger Ranch, LLC., in a form approved by the City Attorney.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 18th day of July 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Donald Terry, Mayor
Stacy Leitner, CMC
City Clerk

ITEM 16.5. ATTACHMENT 2

ALAMOSA DRIVE

WHEAT RIDGE DRIVE

CRESTED BUTTE WAY

COAL CREEK WAY WHEAT RIDGE DRIVE

BIG MEADOW
WAY
Sheet of 5 2
JULY 2022

BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
SUBDIVISION NO. FM-2021-002-06

THE RANCH

FINAL MAP OF
BEING ALL OF LOT 7 OF THAT CERTAIN

LARGE LOT FINAL MAP OF THE RANCH
FILED FOR RECORD IN BOOK 429 OF MAPS, AT PAGE 8, SCR

CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO,

STATE OF CALIFORNIA
VILLAGE 3
4 NOTES

BASIS OF BEARINGS
REFERENCES:

LEGEND
6 3
5 ALAMOSA DRIVE
ITEM 16.5. ATTACHMENT 2

WHEAT RIDGE DRIVE

COAL CREEK WAY

CRESTED BUTTE WAY
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Sheet of 5 3
JULY 2022

BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
SUBDIVISION NO. FM-2021-002-06

THE RANCH

FINAL MAP OF
BEING ALL OF LOT 7 OF THAT CERTAIN

LARGE LOT FINAL MAP OF THE RANCH
FILED FOR RECORD IN BOOK 429 OF MAPS, AT PAGE 8, SCR

CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO,

STATE OF CALIFORNIA
VILLAGE 3 SEE SHEET 4
SEE SHEET 5
SEE SHEET 5
ITEM 16.5. ATTACHMENT 2

WHEAT RIDGE DRIVE

BIG MEADOW
WAY
± ±
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± ± ± ± ± ± ± ± ± ±
Sheet of 5 4
JULY 2022

BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
SUBDIVISION NO. FM-2021-002-06

THE RANCH

FINAL MAP OF
BEING ALL OF LOT 7 OF THAT CERTAIN

LARGE LOT FINAL MAP OF THE RANCH
FILED FOR RECORD IN BOOK 429 OF MAPS, AT PAGE 8, SCR

CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO,

STATE OF CALIFORNIA
VILLAGE 3
SEE SHEET 3
ITEM 16.5. ATTACHMENT 2

ALAMOSA DRIVE

WHEAT RIDGE DRIVE

CRESTED BUTTE WAY
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Sheet of 5 5
JULY 2022

BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
SUBDIVISION NO. FM-2021-002-06

THE RANCH

FINAL MAP OF
BEING ALL OF LOT 7 OF THAT CERTAIN

LARGE LOT FINAL MAP OF THE RANCH
FILED FOR RECORD IN BOOK 429 OF MAPS, AT PAGE 8, SCR

CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO,

STATE OF CALIFORNIA
VILLAGE 3
SEE SHEET 3
SEE SHEET 3

SEE DETAIL 'A'
SHEET 2
ITEM 16.5. ATTACHMENT 2

ALAMOSA DR

CHOTEAU CIR PAWCATUCK WAY

CHATUM CT

ROCKY FORD WAY

WHEAT RIDGE DR

CROSSROADS WAY

FINAL MAP OF
THE RANCH VILLAGE 3
SUBDIVISION NO. FM-2021-002-06
¯
0 100 200
Feet
Aerial Photo Date: March 2018
ATTACHMENT 3

DOUGLAS RD

RANCHO CORDOVA PKWY

LOCATION MAP
Path: X:\GIS_Staff\PROJECTS\PUBLIC_WORKS\DEVELOPMENT\SUBDIVISIONS\The Ranch Village 3\THE_RANCH_VILLAGE_3.mxd | Date: 6/24/2022 DETAIL
AREA
ITEM 16.5. ATTACHMENT 3

CONTRACT NO. 2022-49
Subdivision Improvement Agreement
Between the City of Rancho Cordova and
K. Hovnanian at Jaeger Ranch, LLC
Updated: 4/16/2022
1 SUBDIVISION IMPROVEMENT AGREEMENT
THE RANCH VILLAGE 3
SUBDIVISION NO. FM-2021-002-06
THIS SUBDIVISION IMPROVEMENT AGREEMENT (hereinafter, “Agreement”) entered into this day of _, 20__, by and between the City of Rancho Cordova, (hereinafter “City"), a California municipal corporation, and K. Hovnanian at Jaeger Ranch, LLC, a California limited liability company (hereinafter "Principal").

RECITALS
WHEREAS, Section 66462 of the Government Code provides that if the work of improvement required therein is not completed prior to the acceptance of a final subdivision map, the owner of the subdivision may enter into an agreement with the City to perform the work of improvement as required by said sections in consideration of the acceptance of said final subdivision map by the City; and
WHEREAS, Section 66499 of the Government Code requires that said agreement be secured by a surety bond or by an instrument of credit issued by a financial institution subject to regulation by the State or federal governments or by a cash deposit; and WHEREAS, Section 66499.3 establishes the types and amount of security to guarantee the performance of any such improvement agreement; and
WHEREAS, City and Principal desire to enter into an improvement agreement as authorized by the Subdivision Map Act under the terms and conditions hereinafter set forth.

NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants hereinafter set forth, City and Principal agree as follows:

1. Incorporation of Recitals. The foregoing recitals are hereby incorporated by reference.

2. Findings and Conditions of Subdivision Map. Principal recognizes that approval of its subdivision was subject to the findings and conditions attached to such approval and hereby acknowledges and agrees to be bound by such findings and conditions.

3. City Approval of Subdivision Map. City agrees to approve the final map of the subdivision presented to it by Principal and designated The Ranch Village 3, Subdivision No.

FM-2021-002-06 (the “Subdivision”) and to accept on behalf of the public all lands, rights of way and easements therein offered in dedication, in accordance with the conditions hereinafter set forth.

ITEM 16.5. ATTACHMENT 4

ITEM 16.5. ATTACHMENT 4

ITEM 16.5. ATTACHMENT 4

ITEM 16.5. ATTACHMENT 4

ITEM 16.5. ATTACHMENT 4

ITEM 16.5. ATTACHMENT 4

MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 16.6.

DATE: July 18, 2022
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Quoc Nham, Senior Civil Engineer
SUBJECT: A RESOLUTION APPROVING THE FINAL MAP OF THE RANCH VILLAGE 4 UNIT 2, SUBDIVISION NO. FM-2021-002-07, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE
SUBDIVISION IMPROVEMENT AGREEMENT CONTRACT NO. 2022-
105 WITH K. HOVNANIAN AT JAEGER RANCH, LLC.

RECOMMENDATION
Adopt the Resolution.

RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the City Manager to execute Subdivision Improvement Agreement Contract No. 2022-105, Attachment 2, guaranteeing the construction of public roads and utilities with K. Hovnanian at Jaeger Ranch, LLC. and the recording of the final subdivision map for The Ranch Village 4 Unit 2, creating 63 residentially zoned lots located north of Chrysanthy Blvd and east of Rancho Cordova Parkway.

BACKGROUND
The map has been examined and checked for compliance with Title 22 of the City of Rancho Cordova Municipal Code and the California Subdivision Map Act. The City Council approved the Small Lot Tentative Map on January 6, 2020. A Development Agreement by the City and K.

Hovnanian at Jaeger Ranch, LLC. was entered into on February 21, 2020 and recorded on May 1, 2021 in the Official Records of Sacramento County at Book 20200501, Page 0617. A copy of the final map, Attachment 3, and copy of the vicinity map, Attachment 4, are included with this letter.

Roads are offered for dedication with this subdivision. K. Hovnanian at Jaeger Ranch, LLC. has provided a performance and labor and material bond guaranteeing the construction of the public improvements. Wood Rodgers, Inc. has waived the requirement for a bond to guarantee payment for setting the survey monuments with the subdivision. The soil report requirement has been satisfied by Wallace-Kuhl and Associates dated December 12, 2019.

There are no delinquent taxes against the property and the Tax Collector has so certified. The 2021/2022 estimated taxes have been secured with the Sacramento County Tax Collector.

City Council Staff Report - Page 2 of 2

FISCAL IMPACT AND FUNDING SOURCE
There is no Fiscal Impact.

ATTACHMENT(S)

1. Resolution

2. Subdivision Improvement Agreement

3. Final Map

4. Vicinity Map

ITEM 16.6. 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, APPROVING THE FINAL MAP OF THE RANCH VILLAGE 4 UNIT 2, SUBDIVISION NO. FM-2021-002-07, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUBDIVISION IMPROVEMENT AGREEMENT CONTRACT NO. 2022-105 WITH K. HOVNANIAN AT JAEGER RANCH, LLC.

WHEREAS, the City Council approved the Small Lot Tentative Map on January 6, 2020 per Resolution No. 5-2020; and
WHEREAS, the map is in substantial compliance with the approved tentative map; and WHEREAS, the conditions of approval have been complied with; and WHEREAS, the map complies with Title 22 of the City of Rancho Cordova municipal code and the California Subdivision Map Act; and
WHEREAS, the approval of final maps is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Regulation Section 15268(b)(3) as a ministerial approval; and
WHEREAS, the City desires to enter into a subdivision improvement agreement with the developer to ensure necessary public improvements are completed and secured with a bond.

NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA does approve the Final Map of The Ranch Village 4 Unit 2 Subdivision No. FM-2021-002-07 and does authorize the City Manager to execute Subdivision Improvement Agreement Contract No. 2022-105 with K. Hovnanian at Jaeger Ranch, LLC., in a form approved by the City Attorney.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 18th day of July 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Donald Terry, Mayor
Stacy Leitner, CMC
City Clerk

ITEM 16.6. ATTACHMENT 2

ITEM 16.6. ATTACHMENT 2

ITEM 16.6. ATTACHMENT 2

ITEM 16.6. ATTACHMENT 2

ITEM 16.6. ATTACHMENT 2

ITEM 16.6. ATTACHMENT 2

OWNER'S STATEMENT

THE UNDERSIGNED HEREBY CONSENT TO THE PREPARATION AND RECORDING OF THIS FINAL MAP OF THE RANCH VILLAGE 4 UNIT 2.

THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES:

THE UNDERSIGNED HEREBY OFFERS FOR DEDICATION AND DOES HEREBY DEDICATE

TO ANY AND ALL PUBLIC USES, THE PUBLIC ROADS DESIGNATED HEREON AS ALAMOSA DRIVE. ARJUNA WAY, CROSSROADS WAY, COAL CREEK WAY AND WIGGINS COURT, AS SHOWN HEREON. AND DOES HEREBY DEDICATE TO SPECIFIC PURPOSES THE FOLLOWING:

1. EASEMENT FOR PLANTING AND MAINTAINING TREES, ELECTROLIERS. TRAFFIC

CONTROL DEVICES, WATER AND GAS PIPES, AND UNDERGROUND WIRES AND

CONDUITS FOR ELECTRIC, TELEVISION AND TELEPHONE SERVICES, TOGETHER WITH ANY AND ALL APPURTENANCES PERTAINING THERETO, ON. OVER, UNDER AND ACROSS THOSE STRIPS OF LAND 10.00 FEET IN WIDTH AND 12.50' IN

WIDTH, LYING CONTIGUOUS TO THE PUBLIC STREETS SHOWN HEREON AND DESIGNATED "PUBLIC UTILITY EASEMENT" (PUE).

2. AN EASEMENT FOR CONSTRUCTING AND MAINTAINING CENTRALIZED MAIL DELIVERY BOXES. PEDESTALS. AND SLABS, TOGETHER WITH ANY AND ALL

APPURTENANCES PERTAINING THERETO INCLUDING PEDESTRIAN ACCESS FOR

DELIVERY AND RECEIPT OF MAIL ON, OVER, UNDER AND ACROSS STRIPS OF

LAND FIVE FEET IN WIDTH LYING CONTIGUOUS TO THE PUBLIC STREETS SHOWN HEREON.

K. HOVNANIAN AT JAEGER RANCH, LLC,

A CALIFORNIA LIMITED BILITI COMPANY
BY:

NAME:
. .

TITLE: Reljl orP-\ '.B-('.'.,'.':,\c).Q,('\--\--

NOTARYS ACKNOWLEDGMENT

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIE

ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHIG THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, 0 VALIDITY OF THAT DOCUMENT.

STATE OF Ca.11�()1'1'\10..
couNTY oF B�_...o .. 1C ... 1e.,_1 ___ _
) ss )
ON � DAY OF Jt)DL , 2022 BEFORE ME, StzfWUliL �\.t'Z.-- -----� A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED _,!4,,,,.._\J-"-'1'--'-·V\-'----'K=-'-'1 M'-'--'-'�="'-l\_._ _________ _ _________________________ WHO

PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S)

WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND

ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN

HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S). OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED. EXECUTED THE INSTRUMENT.

I �ERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF Lo, !i.fanitt THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND AND OFFICIAL SEAL: �jl, &�
PRINTED NAME, �nie, bt:rua.La
MY PRINCIPAL...fLACE OF BUSINESS IS IN THE
COUNTY OF: �:i'.l�•a�W-�-------------------
MY COMMISSION EXPIRES: Ocdobei: I B:'1 '2t;7.,,.�
MY COMMISSION No.: �Z-�?_9-_BB'f __ 8 ____________ _

SURVEYOR'S STATEMENT

THIS FINAL MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON

A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE THE REQUEST OF AG EHC II {HOV) CA 1 L.P., IN SEPTEMBER 2021. I HEREBY STATE THAT ALL THE MONUMENTS SHOWN HEREON ARE

OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED OR THAT THEY WILL BE SET IN THOSE POSITIONS BEFORE JULY 31, 2024 AND THAT THE MONUMENTS ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.

WOOD RODGERS, INC.
-
DENNIS L. BARBER
P.L.S. 8067 No. 8067
(p , l�t:i/Z"'--
DATE

BENEFICIARY'S STATEMENT

WILMINGTON TRUST, NATIONAL ASSOCIATION AS BENEFICIARY UNDER DEED OF TRUST RECORDED MARCH 12, 2020 AS DOCUMENT NO. 202003120392, SACRAMENTO COUNTY RECORDS.

BY: BY:��atv
NAME, kev in IC-1Mbt:tll NAME:JiM Colh�
TITLE: IZe�lt:V\tlvl ftiS!clen+- TITLE, 'Rt�;cml �\if

NOTARYSACKNOWLEDGMENT

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONL

THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THI CERTIFICATE IS ATTACHED. AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY 0 THAT DOCUMENT.

STATE OF Gth-C� t'\I.C\_
COUNTY OF './:3,te<:(" ~��---
) ss )
ON -212= DAY OF J\)� , 2022 BEFORE ME, Si(-prt,v,l\�b'f'\W,,"'2----- A NOTARY PUBLIC IN AND FOR SAID COUNTY �TE. PERSONALLY
A-P-PEA-R-ED�.7l!Y\. - C61\(W"', ____________________ WHO PROVED TO ME ON THE

BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE

SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT

HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND

THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF ('a jt:farn;IPI. THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

PRINTED

WITNESS
NAME:

MY HAND
�====

AND OFF
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!CIAL
-'�� �"""'--"'""'"-"'£· '-�"'---�------­
MY PRINCIPAI..J'LACE OF BUSINESS IS IN THE
COUNTY OF:_,._ f'\_._a.=cu=---------------------
MY COMMISSION EXPIRES: � r�, 2!)�
MY COMMISSION No.: �2.""3�=tBffi___,___,..,,.,_......._�.,__ ___________ _

CITY CLERK'S STATEMENT

I HEREBY STATE THAT THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA HAS APPROVED THIS FINAL MAP AND HAS ACCEPTED, SUBJECT TO IMPROVEMENTS. ON BEHALF OF THE PUBLIC, ALL EASEMENTS AND RIGHTS OF WAY SHOWN HEREON.

AND DO HEREBY CERTIFY THE ABANDONMENTS LISTED HEREON.

BY: ____________ DATED:

CITY CLERK, CITY OF RANCHO CORDOVA

CITY ENGINEER'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP OF THE RANCH VILLAGE 4 UNIT 2, AND FIND IT TO BE SUBSTANTIALLY THE SAME AS THE TENTATIVE MAP

APPROVED BY THE CITY OF RANCHO CORDOVA, AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND ALL APPLICABLE CITY ORDINANCES HAVE BEEN COMPLIED WITH.

CITY ENGINEER, ALBERT STRICKER, R.C.E. 64057
DATED: _________ _

CITY SURVEYOR'S STATEMENT

I HEREBY STATE THAT I AM SATISFIED THAT THIS FINAL MAP OF THE RANCH VILLAGE 4 UNIT 2 IS TECHNICALLY CORRECT.

LAND SURVEYOR, CYRUS E. ABHAR, P.L.S. 7723
DATED: _________ _

RECORDER'S STATEMENT
0c-
'"°'" E
.
�<2 <'.l.
:Jc \9,
* *
No. 7723
FILED THIS, ___ �AY OF 2022, AT ____ .M. IN
BOOK OF MAPS, AT PAGE ___ AT THE REQUEST OF WOOD
RODGERS, INC. TITLE TO THE LAND INCLUDED IN THIS FINAL MAP BEING VESTED AS PER CERTIFICATE NO. _______ ON FILE IN THIS OFFICE.

DONNA ALLRED COUNTY RECORDER

COUNTY OF SACRAMENTO
DOCUMENT NO.: ______ _
BY: __________ _

DEPUTY RECORDER
FEE: $ _____ _

FINALMAPOF

THE RANCH
VILLAGE 4 UNIT 2
SUBDMSION NO. FM-2021-002-07
BEING ALL OF LOT 6 OF THAT CERTAIN LARGE LOT FINAL MAP OF THE RANCH FILED FOR RECORD IN BOOK 429 OF MAPS, AT PAGE 8, SCR

CITI OF RANCHO CORDOVA, COUNTI OF SACRAMENTO, STATE OF CALIFORNIA �
LLJOOO -ROOOiE:RS

BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 CST, BLDG. 1 □□·8 TEL 916.341.776□
SACRAMENT□, CA 95816 FAX 916.341.7767
JULY 2022
Sheet 1 of 5
1296.006
ITEM 16.6. ATTACHMMENT 3

COAL CREEK WAY

CROSSROADS WAY

ARJUNA WAY

ALAMOSA DRIVE

WIGGINS
COURT
Sheet of 5 2
JULY 2022

BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
SUBDIVISION NO. FM-2021-002-07

THE RANCH

FINAL MAP OF
BEING ALL OF LOT 6 OF THAT CERTAIN LARGE LOT FINAL MAP OF THE RANCH FILED FOR RECORD IN BOOK 429 OF MAPS, AT PAGE 8, SCR

CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA VILLAGE 4 UNIT 2
NOTES

BASIS OF BEARINGS
REFERENCES:

LEGEND
6 3 4
5 ITEM 16.6. ATTACHMMENT 3

COAL CREEK WAY

ARJUNA WAY

ALAMOSA DRIVE
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JULY 2022

BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
SUBDIVISION NO. FM-2021-002-07

THE RANCH

FINAL MAP OF
BEING ALL OF LOT 6 OF THAT CERTAIN LARGE LOT FINAL MAP OF THE RANCH FILED FOR RECORD IN BOOK 429 OF MAPS, AT PAGE 8, SCR

CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA VILLAGE 4 UNIT 2
SEE SHEET 4
ITEM 16.6. ATTACHMMENT 3

COAL CREEK WAY CROSSROADS WAY

WIGGINS
COURT
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Sheet of 5 4
JULY 2022

BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
SUBDIVISION NO. FM-2021-002-07

THE RANCH

FINAL MAP OF
BEING ALL OF LOT 6 OF THAT CERTAIN LARGE LOT FINAL MAP OF THE RANCH FILED FOR RECORD IN BOOK 429 OF MAPS, AT PAGE 8, SCR

CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA VILLAGE 4 UNIT 2
SEE SHEET 3
SEE SHEET 5
SEE SHEET 5
ITEM 16.6. ATTACHMMENT 3

CROSSROADS WAY

ALAMOSA DRIVE
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Sheet of 5 5
JULY 2022

BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3301 C St, Bldg. 100-B Tel 916.341.7760
Sacramento, CA 95816 Fax 916.341.7767
SUBDIVISION NO. FM-2021-002-07

THE RANCH

FINAL MAP OF
BEING ALL OF LOT 6 OF THAT CERTAIN LARGE LOT FINAL MAP OF THE RANCH FILED FOR RECORD IN BOOK 429 OF MAPS, AT PAGE 8, SCR

CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA VILLAGE 4 UNIT 2
SEE SHEET 4
SEE SHEET 4
SEE SHEET 2
ITEM 16.6. ATTACHMMENT 3

ALAMOSA DR

ARJUNA WAY

CHOTEAU CIR

CHATUM CT

CREEDE WAY
O
L
D

MAPLE WAY

CROSSROADS WAY

AURA WAY

PAWCATUCK WAY

COAL CREEK WAY

FINAL MAP OF
THE RANCH VILLAGE 4 UNIT 2
SUBDIVISION NO. FM-2021-002-07
¯
0 75 150
Feet
Aerial Photo Date: March 2018
ATTACHMENT 4

DOUGLAS RD

RANCHO CORDOVA PKWY

LOCATION MAP
Path: X:\GIS_Staff\PROJECTS\PUBLIC_WORKS\DEVELOPMENT\SUBDIVISIONS\The Ranch Village 4 Unit2\THE_RANCH_VILLAGE_4_U2.mxd | Date: 6/24/2022 DETAIL
AREA
ITEM 16.6. ATTACHMENT 4

MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 16.7.

DATE: July 18, 2022
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Dalia Fadl, Principal Engineer
SUBJECT: A RESOLUTION AUTHORIZING THE PUBLIC WORKS DIRECTOR TO

EXECUTE A DRAINAGE IMPACT FEE CREDIT AGREEMENT IN AN
AMOUNT NOT TO EXCEED $5,522,761 WITH ALTA VISTA, LLC FOR

THE RIO DEL ORO PHASE I PROJECT

RECOMMENDATION
Adopt the Resolution.

RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the Public Works Director to execute a Drainage Impact Fee Credit Agreement in an amount not to exceed $5,522,761 with Alta Vista, LLC for the Rio Del Oro Phase I Project.

BACKGROUND
Alta Vista, LLC is requesting credits for the installation of regional drainage facilities as part of the Rio Del Oro Phase I project. Under the Storm Drainage Development Impact Fee Program, developers are allowed to receive credits in lieu of paying a portion of the storm drainage impact fees required by the City. The credit shall be based on the actual cost, not to exceed the programmed cost listed in the Storm Drainage Impact Fee Program credit schedule in effect on the date the fees are paid.

Credits are authorized whenever drainage facilities are constructed and meet the following criteria:

1. The facilities are part of the drainage system covered by Storm Drainage Impact Fee Program;

2. Were designed to serve a watershed area of thirty acres or greater;

3. Were required by the City in connection with development or new construction; and

4. Were constructed pursuant to improvement plans approved by the City.

Prior to credits being finalized and/or issuance of any of the approvals set forth in Rancho Cordova Municipal Code Section 16.95.050, the construction of any drainage facilities must be accepted by the City.

City Council Staff Report - Page 2 of 2

FISCAL IMPACT AND FUNDING SOURCE
Credits for this agreement will be issued against the required drainage impact fees for the project. There will be no impact to the City's general fund.

ATTACHMENT(S)

1. Resolution

2. Drainage Impact Fee Credit Agreement_RDO Phase I

ITEM 16.7. 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 PUBLIC WORKS DIRECTOR TO EXECUTE A DRAINAGE IMPACT FEE CREDIT AGREEMENT IN AN AMOUNT UP TO $5,522,761 WITH

ALTA VISTA, LLC FOR THE RIO DEL ORO PHASE I PROJECT
WHEREAS, the City has adopted the City of Rancho Cordova Strom Drainage Impact Fee Program (Rancho Cordova Municipal Program Chapter 16.95) as amended, ("Program"); and

WHEREAS, the Program establishes a schedule of fees and credits to be collected upon the construction of new buildings and improvements within the City (“Fees”); and

WHEREAS, Fees are to be used for construction of Trunk Drainage Facilities ("Major Facilities") as said facilities are defined in the Program; and WHEREAS, the Program provides that whenever the City’s Public Works Director requires the construction of Major Facilities in connection with the construction of new buildings and improvements within the City, the cost of the Major Facilities may become a credit and may be deducted from the fee required by the Program upon the satisfaction of certain conditions; and
WHEREAS, the Program sets forth a schedule and method for calculating and apportioning credits; and
WHEREAS, City and Alta Vista, LLC ("OWNER") desire to enter into an agreement to provide for the construction by Owner of the Major Facilities described in Exhibit ‘A’ of the credits agreement and for the deduction by City of credits from the drainage impact fees to be paid by Owner in connection with the development; and
WHEREAS, the City anticipates that entering into additional Drainage Impact Fee Credit Agreements may be desirable in the future.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA authorizes the City Manager to Execute a Drainage Impact Fee Credit Agreement in an amount up to $5,522,761 with Alta Vista, LLC for the Rio Del Oro Phase I Project.

BE IT FURTHER RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA authorizes the Public Works Director to Execute future Drainage Impact Fee Credit Agreements in the same form and template as the agreement authorized herein, and in a final form approved by the City Attorney.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 18th day of July 2022 by the following vote:

AYES:

ITEM 16.7. ATTACHMENT 1
Resolution No. XX-2022 Page 2 of 2
NOES:

ABSENT:

ABSTAIN:

ATTEST:

Donald Terry, Mayor
Stacy Leitner, CMC
City Clerk

CITY OF RANCHO CORDOVA

DRAINAGE IMPACT FEE CREDIT AGREEMENT
Alta Vista LLC
Rio Del Oro Phase I
Single-Family & Multi-Family Residential
THIS AGREEMENT is made and entered into this 18 day of July , 2022, by and between the City of Rancho Cordova, a municipal corporation ("CITY") and Alta Vista, LLC. ("OWNER" or “CONTRACTOR”) with reference to the following facts.

R E C I T A L S
A. City has adopted the City of Rancho Cordova Storm Drainage Impact Fee Program (Rancho Cordova Municipal PROGRAM Chapter 16.95) as amended, ("PROGRAM"); and
B. The PROGRAM establishes a schedule of fees and credits to be collected upon the construction of new buildings and improvements within the CITY (“FEES”); and D. FEES are to be used for construction of Trunk Drainage Facilities ("MAJOR FACILITIES") as said facilities are defined in the PROGRAM; and E. The PROGRAM provides that whenever the CITY’s Public Works Director requires the construction of MAJOR FACILITIES in connection with the construction of new buildings and improvements within the CITY, the cost of the MAJOR FACILITIES may become a credit and may be deducted from the fee required by the PROGRAM upon the satisfaction of certain conditions; and
F. The PROGRAM sets forth a schedule and method for calculating and apportioning credits; and
G. OWNER has applied for a permit to construct new buildings and improvements within the CITY; and
H. The PROGRAM delegates plan approval to the CITY’s Public Works Director and inspection to the CITY Public Works Director; and
I. The CITY’s Public Works Director has required and approved the construction of MAJOR FACILITIES as shown on the improvement plans entitled “Rio Del Oro Phase I,” as further described in Exhibit ‘B’ attached hereto and made a part hereof ("PLANS"); and J. CITY and OWNER desire to enter into an agreement to provide for the construction by OWNER of the MAJOR FACILITIES described in Exhibit ‘A’ and for the Contract No. 2022-108
ITEM 16.7. ATTACHMENT 2

Drainage Credit Agreement
Project Name: Rio Del Oro Phase I
2 deduction by CITY of credits from the drainage impact fees to be paid by OWNER in connection with the development; and
K. Construction of the MAJOR FACILITIES have not been financed by an assessment district, a district formed under the Mello Roos Communities Facility Act (Chapter 2.5 of Title 5, Division 2, Part 1 of the Government PROGRAM, commencing at section 53311) or any successor statutes, a special tax district, nor by any similar public infrastructure financing entity; and
L. The credits shall be applied and apportioned to Alta Vista LLC. at % 100.

Credits will be applied to Villages 67 A, 678, 67C, 67D, 67E, Parcel 66, Parcel 65, Parcel BF, Parcel G, Lot A, and other future villages or parcels as approved by the City.

AGR EEM ENT
NOW, THEREF ORE, in consideration of the mutual promises contained herein, CITY and OWNER agree as follows:

Section 1. Site
The site shall be areas shown on the PLANS where MAJOR FACILITIES are being installed also shown on Exhibit '8' ("PLANS").

Section 2. Construction of Proiect
OWNER shall complete construction of the MAJOR FACILITIES in accordance with the PLANS and in accordance with the County of Sacramento's Standard Construction Specification, the City of Rancho Cordova's Improvement Standards, and this Agreement.

OWNER understands and acknowledges that the terms and conditions contained in any contract that OWNER has or may execute with any contractors or material suppliers regarding the construction of trunk drainage facilities have no force or effect upon this Agreement.

Section 3. Al lowable Credits
CITY shall calculate and apportion credits as provided in the PROGRAM for the construction costs of the MAJOR FACILITIES described in Exhibit 'A'. The total credits shall not exceed FIVEMILLION FIVE HUNDRED TWENTY-TW O TH OUS AND SEVEN HUNDRED SIXTY-ONE AND 00/100 DOLLAR S ($5,522,761.00) except as provided in Section 4 below. The CITY Public Works Director may allocate credits to the OWNER prior to the satisfactory completion and acceptance of the MAJOR FACILITIES by CITY. If CITY does not accept the MAJOR FACILITIES, OWNER agrees to repay all credit allocated within 60 days of notice of non-acceptance, unless OWNER cures the reasons for nonacceptance.

ITEM 16.7. ATTACHMENT 2

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MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 16.8.

DATE: July 18, 2022
TO: Honorable Mayor and Council Members
FROM: Albert Stricker, Public Works Director
Dalia Fadl, Principal Engineer
SUBJECT: A RESOLUTION AUTHORIZING THE PUBLIC WORKS DIRECTOR TO

EXECUTE A DRAINAGE IMPACT FEE CREDIT AGREEMENT IN AN
AMOUNT UP TO $1,937,807 WITH LENNAR HOMES OF
CALIFORNIA, LLC FOR THE GRANTLINE 220 PROJECT

RECOMMENDATION
Adopt the Resolution.

RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would authorize the Public Works Director to execute a Drainage Impact Fee Credit Agreement in an amount up to $1,937,807 with Lennar Homes of California, LLC for the Grantline 220 Project.

BACKGROUND
Lennar Homes of California is requesting credits for the installation of regional drainage facilities as part of the Grantline 220 project. Under the Storm Drainage Development Impact Fee Program, developers are allowed to receive credits in lieu of paying a portion of the storm drainage impact fees required by the City. The credit shall be based on the actual cost, not to exceed the programmed cost listed in the Storm Drainage Impact Fee Program credit schedule in effect on the date the fees are paid.

Credits are authorized whenever drainage facilities are constructed and meet the following criteria:

1. The facilities are part of the drainage system covered by Storm Drainage Impact Fee Program;

2. Were designed to serve a watershed area of thirty acres or greater;

3. Were required by the City in connection with development or new construction; and

4. Were constructed pursuant to improvement plans approved by the City.

Prior to credits being finalized and/or issuance of any of the approvals set forth in Rancho Cordova Municipal Code Section 16.95.050, the construction of any drainage facilities must be accepted by the City.

FISCAL IMPACT AND FUNDING SOURCE

City Council Staff Report - Page 2 of 2

Credits for this agreement will be issued against the required drainage impact fees for the project. There will be no impact to the City's general fund.

ATTACHMENT(S)

1. Resolution

2. Drainage Impact Fee Credit Agreement_Grantline 220

ITEM 16.8. 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 PUBLIC WORKS DIRECTOR TO EXECUTE A DRAINAGE IMPACT FEE CREDIT AGREEMENT IN AN AMOUNT UP TO $1,937,807 WITH LENNAR HOMES OF CALIFORNIA, LLC FOR THE GRANTLINE 220 PROJECT WHEREAS, the City has adopted the City of Rancho Cordova Storm Drainage Impact Fee Program (Rancho Cordova Municipal Program Chapter 16.95) as amended, ("Program"); and
WHEREAS, the Program establishes a schedule of fees and credits to be collected upon the construction of new buildings and improvements within the City (“Fees”); and WHEREAS, Fees are to be used for construction of Trunk Drainage Facilities ("Major Facilities") as said facilities are defined in the PROGRAM; and

WHEREAS, the Program provides that whenever the City’s Public Works Director requires the construction of Major Facilities in connection with the construction of new buildings and improvements within the City, the cost of the Major Facilities may become a credit and may be deducted from the fee required by the Program upon the satisfaction of certain conditions; and
WHEREAS, the Program sets forth a schedule and method for calculating and apportioning credits; and

WHEREAS, City and Lennar Homes of California, LLC ("Owner") desire to enter into an agreement to provide for the construction by Owner of the Major Facilities described in Exhibit ‘A’ of the credits agreement and for the deduction by CITY of credits from the drainage impact fees to be paid by Owner in connection with the development; and WHEREAS, the City anticipates that entering into additional Drainage Impact Fee Credit Agreements may be desirable in the future.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA authorizes the Public Works Director to Execute a Drainage Impact Fee Credit Agreement in an amount up to $1,937,807 with Lennar Homes of California, LLC for the Grantline 220 Project.

BE IT FURTHER RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA authorizes the Public Works Director to Execute future Drainage Impact Fee Credit Agreements in the same form and template as the agreement authorized herein.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 18th day of July 2022 by the following vote:

AYES:

ITEM 16.8. ATTACHMENT 1
Resolution No. XX-2022 Page 2 of 2
NOES:

ABSENT:

ABSTAIN:

ATTEST:

Donald Terry, Mayor
Stacy Leitner, CMC
City Clerk

Contract # 2022-106
ITEM 16.8. ATTACHMENT 2

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MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 16.9.

DATE: July 18, 2022
TO: Honorable Mayor and Council Members
FROM: Elizabeth Sparkman, Community Development Director Dalia Fadl, Principal Engineer
SUBJECT: A RESOLUTION DECLARING THE CITY'S INTENTION TO IMPOSE

AN ANNUAL STORMWATER UTILITY FEE AND DESIGNATING A

TIME AND A PLACE FOR HEARING PROTESTS IN CONNECTION

WITH THE ANNUAL STORMWATER UTILITY FEE FOR THE STONE

CREEK VILLAGE PROJECT

RECOMMENDATION
Adopt the Resolution designating a time and place for hearing protests in connection with the annual Stormwater Utility Fee for the Stone Creek Village project.

RESULT OF RECOMMENDED ACTION
Adoption of the Resolution would declare the Council’s intention to impose an annual Stormwater Utility Fee for the maintenance of the storm drainage and flood protection system in the Stone Creek Village project and set a public hearing for August 1, 2022 on the matter.

BACKGROUND
The Council previously approved the Stone Creek project with a condition of approval which requires that the property owner fund operation and maintenance of the storm drainage system.

This condition will be satisfied by participation in the City’s Stormwater Utility Fee for storm drainage and flood protection services, which is the subject of this action.

Previously, projects were required to annex to the County’s Stormwater Utility. Since the City has taken over drainage maintenance and operations services from the County, it was necessary to establish the Stormwater Utility District to fund drainage services to ensure compliance with new state and federal laws and regulations. The Stormwater Utility Fee was established on September 2, 2014, by Ordinance No. 7-2014.

DISCUSSION
The property owners have submitted a petition and waiver for the City to institute the proceedings to impose the Stormwater Utility Fee (Attachment 5). The project is being annexed into the Stormwater Utility Fee (Attachment 3). The maintenance services to be funded include the furnishing of services and materials for the ordinary and usual operation,

City Council Staff Report - Page 2 of 2

maintenance, and servicing of the storm drain and flood protection improvements.

A “Rate Analysis Report” was adopted on August 7, 2014, by Resolution No. 103-2014. The report calculated the Fiscal Year 2014/2015 maximum annual Stormwater Utility Fee amount for each parcel proportionate to the estimated stormwater runoff for each parcel. The maximum annual fee increases each subsequent Fiscal Year by the annual change in the Consumer Price Index (CPI), during the preceding year, for All Urban Consumers, for the San FranciscoOakland-San Jose areas, published by the United States Department of Labor, Bureau of Labor Statistics. A sample of the Stormwater Utility Fees for Fiscal Year 2022-2023 is provided in Attachment 4.

In accordance with Article XIII D, the “Procedures for the Conduct of a Protest Hearing and Balloting Relating to a Proposed Stormwater Utility Fee” as set forth in Attachment 2 and incorporated herein by reference (the “Procedures”).

The Resolution (Attachment 1) sets the public hearing at 5:30 p.m., or as soon thereafter as possible, on August 1, 2022, as the time and date for a hearing on the matters set forth therein and directs the City Clerk to give notice of the public hearing. Notice of the Public Hearing will be published in the Grapevine Independent as required by law.

FISCAL IMPACT AND FUNDING SOURCE
There is no fiscal impact to the general fund. The annual stormwater utility fees collected are deposited into an enterprise fund specifically for the maintenance of the storm drainage and flood protection system.

ATTACHMENT(S)

1. Resolution

2. Exhibit A to the Resolution

3. Annexation Boundary Map

4. Stormwater Utility Fee- Rate Sheet FY22-23

5. Petition W Waivers

ITEM 16.9. 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, DESIGNATING A TIME AND PLACE FOR HEARING PROTESTS IN

CONNECTION WITH THE ANNUAL STORMWATER UTILITY FEE FOR THE STONE CREEK

VILLAGE PROJECT
WHEREAS, the Stormwater Utility Fee was established on September 2, 2014 by Ordinance No. 7-2014 to fund services and facilities furnished by the City in connection with its storm drain system. The Proposed Stormwater Utility Fee may be billed through the County Utility Billing Service (CUBS) as part of the consolidated utility bill or may be collected on the County of Sacramento tax roll, commencing in Fiscal Year 2022-2023, in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the City in the manner prescribed by Sections 5471 etseq. of the California Health and Safety Code; and
WHEREAS, this Council has caused a written report entitled, "Rate Analysis Report", dated August 7, 2014, (the "Written Report") prepared by Harris & Associates and filed with the City Clerk containing a description of each parcel of real property within the City to which the Proposed Stormwater Utility Fee is applicable (collectively, the "Identified Parcels") and the amount of the Proposed Stormwater Utility Fee for each such Identified Parcel for Fiscal Year 2014-15. The Written Report is on file in the office of the City Clerk and is available for public inspection; and
WHEREAS, Article XIII D of the California Constitution and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750, etseq.) (the "Implementation Act") imposes certain procedural and substantive requirements relating to the imposition of propertyrelated fees and charges (as defined in Article XIII D), such as the Proposed Stormwater Utility Fee, including the requirement to conduct a protest hearing and balloting for consideration of the Proposed Stormwater Utility Fee. In accordance with Article XIII D and the Implementation Act, the City Council hereby approves the "Procedures for the Conduct of a Protest Hearing and Balloting Relating to a Proposed Stormwater Utility Fee" as set forth in Exhibit A and incorporated herein by reference (the "Procedures"); and WHEREAS this Council has received petitions and waivers from the owners of 100% of the area of land proposed to be included in the Proposed Stormwater Utility Fee in which the Petitioner has waived all notices of hearings and all published notices regarding the establishment of the stormwater utility fee, notices of election, and applicable waiting periods.

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA:

1. The foregoing recitals are true and correct and incorporated herein.

2. Notice is hereby given that the City Council designates Monday, August 1, 2022, at the hour of 5:30 p.m., in the Council Chambers, City Hall, 2729 Prospect Park Drive, Rancho Cordova, California, as the time and place for a public hearing on the abovedescribed written report and protests or objections to the imposition of the proposed Stormwater Utility Fee. At the above-described public hearing, all interested persons

ITEM 16.9. ATTACHMENT 1
Resolution No. XX-2022 Page 2 of 2
shall be afforded the opportunity to hear and be heard, and the City Council shall consider all protests against the Proposed Stormwater Utility Fee. If written protests against the Stormwater Utility Fee are presented by a majority of owners of the Identified Parcels, the City shall not impose the Proposed Stormwater Utility Fee. In the absence of a majority protest, the City Council may submit the Proposed Stormwater Utility Fee to a vote of the property owners in accordance with Article XIII D of the California Constitution.

3. The City Clerk is hereby authorized and directed to give notice of the above-described public hearing in accordance with law and the Procedures.

4. Reference is hereby made to the Written Report described in Section 2 hereof, which is on file in the office of the City Clerk, for a full and detailed description of the Proposed Stormwater Utility Fee upon parcels of land within the City.

5. The City Council hereby designates Elizabeth Sparkman, Community Development Director, telephone number, (916) 851-8714 to answer inquiries regarding the public hearing, protest proceedings and procedural or technical matters.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 18th day of July 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Donald Terry, Mayor
Stacy Leitner, CMC
City Clerk

Page1
EXHIBIT "A"

PROCEDURES FOR THE CONDUCT OF A

PROTEST HEARING AND VOTE RELATING TO A PROPOSED

STORMWATER UTILITY FEE
The following Procedures have been adopted by the City Council of the City of Rancho Cordova for the purpose of conducting a protest hearing required by Article XIII D of the California Constitution for consideration of the imposition of a proposed Stormwater Utility Fee (the "Proposed Stormwater Utility Fee”).

TABLE OF CONTENTS
A. Written Report
B. Notice of the Public Hearing on the Proposed Stormwater Utility Fee C. Eligibility to File a Protest
D. Submission of Written Protests
E. Conduct of the Public Hearing; Determination of A Majority Protest F. Conduct Property Owner Vote; Determination of a Majority Protest

A. Written Report
The City shall cause to be prepared a written report ("Written Report"), which shall contain a list of all parcels to which the Proposed Stormwater Utility Fee will apply (the "Identified Parcels") and the amount of the Proposed Stormwater Utility Fee for each Identified Parcel for Fiscal Year 2021-2022.

The Written Report shall be placed on file in the office of the City Clerk prior to the mailing of the Notice of Public Hearing on the Proposed Stormwater Utility Fee and shall remain available for public inspection.

B. Notice of the Public Hearing on the Proposed Stormwater Utility Fee Notice of the public hearing on the Proposed Stormwater Utility Fee shall be sent, postage prepaid, by first class mail at least forty-five (45) days prior to the date set for the public hearing to the Record Owner of each Identified Parcel. The forty-five (45) day requirement may be waived with the unanimous consent of the property owners.

ITEM 16.9. ATTACHMENT 2 Exhibit A to the Resolution

Page2
"Record Owner" means the owner of an Identified Parcel whose name and address appears on the last Sacramento County equalized secured property tax assessment roll (the "Assessment Roll"), or in the case of any public entity, the State of California, or the United States, means the representative of that public entity at the address of that entity known to the City.

Notices shall be mailed to the Record Owners of the Identified Parcels, addressed to the names and addresses as they appear on the Assessment Roll, and, in the case of any public entity, the State of California, or the United States, addressed to the public entity at the address of that entity known to the City. In addition, notices shall be mailed to owners of the Identified Parcels, addressed to the names and addresses known to the City Clerk, if different than shown on the Assessment Roll.

Each mailed notice shall contain all of the following:
· A reference to filing of the Written Report;
· A reference to the proposed ordinance imposing the Proposed Stormwater Utility Fee and providing for the collection of the Fee on the County tax roll; · The amount of the Proposed Stormwater Utility Fee to be imposed upon the Identified Parcel covered by the notice;
· The basis upon which the amount of the Proposed Stormwater Utility Fee was calculated; · The reason for the Proposed Stormwater Utility Fee;
· A statement that the Proposed Stormwater Utility Fee may be collected as part of a consolidated utility bill via CUBS or on the County of Sacramento tax roll each year, commencing with Fiscal Year 2022-2023.
· The effect of a majority protest; and
· The date, time and location of a public hearing on the Proposed Stormwater Utility Fee.

The City Clerk, or the designee of the City Clerk, may certify the proper mailing of notices by an affidavit, which shall constitute conclusive proof of mailing in the absence of fraud.

Failure of any person to receive notice shall not invalidate the proceedings.

Notice of the filing of the Written Report and the public hearing shall be published once a week for two successive weeks in the Grapevine Independent, with the first publication at least fourteen (14) days prior to the date of the public hearing, and with at least five (5) days intervening between the first and second publications. The published notice may be waived by unanimous consent of the property owners.

C. Eligibility to File a Protest
The Assessment Roll shall be presumptive evidence of ownership of an Identified Parcel for protest purposes.

ITEM 16.9. ATTACHMENT 2 Exhibit A to the Resolution

Page3
If the owner of any Identified Parcel is not shown on the Assessment Roll, such owner may file a protest for such parcel by filing with the City Clerk a proxy from the Record Owner in a form satisfactory to the City Attorney or evidence of ownership satisfactory to the City Attorney. Any such proxy or evidence must be received by the City Clerk prior to the conclusion of the public hearing.

When an Identified Parcel is held by a partnership, as community property, in joint tenancy, or as a tenancy in common, any partner, spouse, joint tenant, or tenant in common, as the case may be, may file a protest for such parcel.

An executor, administrator, or guardian may file a protest for an Identified Parcel on behalf of the estate it represents. If such representative is shown on the Assessment Roll as paying taxes and assessments levied against the parcel, that fact shall establish the right of such representative to file the protest. If such representative is not shown on the Assessment Roll, the representative must file with the City Clerk written documentation satisfactory to the City Attorney establishing the legal representation. Any such documentation must be filed with the City Clerk prior to the conclusion of the public hearing.

When an Identified Parcel is held by a corporation or unincorporated association, a protest may be filed by any person authorized in writing by the board of directors or trustees or other managing body thereof to take such actions. The corporation or unincorporated association must file with the City Clerk written authorization satisfactory to the City Attorney. Any such written authorization must be filed with the City Clerk prior to the conclusion of the public hearing.

D. Submission of Written Protests
Written protests may be mailed (via U.S. mail) to the City Clerk at City Hall or delivered in person to the City Clerk at City Hall or at the public hearing.

No protests delivered via e-mail will be counted for purposes of determining whether a majority protest exists, but the City Council may, in its discretion, consider such protests in making determinations regarding the Proposed Stormwater Utility Fee Each written protest must identify the property covered by the protest and be signed.

No protest received after the close of the public hearing shall be counted in determining the existence of a majority protest. The last pick up by the City Clerk of protests mailed or delivered to City Hall will occur at 5:30 p.m. on the date scheduled for the public hearing. To ensure that protests which are mailed or delivered to City Hall are received by the City Clerk prior to the close of the public hearing, such protests must be received by the City Clerk at City Hall prior to 5:30 p.m. on the date scheduled for the public hearing. The City Clerk shall endorse on each written protest the date it is filed with the City. The City Clerk shall identify any protests which are received after the close of the public hearing.

Written protests may be withdrawn in writing at any time before the conclusion of the public hearing by the person who submitted the written protest.

For purposes of determining whether a majority protest exists, only one protest for each Identified Parcel will be counted.

ITEM 16.9. ATTACHMENT 2 Exhibit A to the Resolution

Page4
All written protests shall be considered public records.

E. Conduct of the Public Hearing; Determinationof a Majority Protest

1. At the time, date and place fixed for the public hearing, the City Council shall:
(i) Conduct a public hearing pertaining to the Proposed Stormwater Utility Fee; (ii) Hear all persons interested in the matter of the Proposed Stormwater Utility Fee; and (iii) Receive all written communications regarding the Proposed Stormwater Utility Fee.

2. The public hearing may be continued from time to time, as the City Council determines is necessary to complete its consideration of the Proposed Stormwater Utility Fee.

3. If the City Council determines at the close of the public hearing that written protests have been presented, and not withdrawn, by a majority of owners of the Identified Parcels (i.e., there is a majority protest), the Proposed Stormwater Utility Fee shall not be approved.

4. If the City Council determines at the close of the public hearing that there is not a majority protest, the City Council may:
(i) Remedy and correct any clerical error in the Written Report or otherwise modify the Written Report; provided that any such modification or correction shall not result in a Proposed Stormwater Utility Fee for any Identified Parcel which is greater than the amount shown in the notice of the public hearing that was mailed to the Record Owner of the Identified Parcel;
(ii) Confirm the Written Report, as originally filed or as amended in accordance with subparagraph (i), above;
(iii) Adopt a resolution calling for a property owner vote regarding the Proposed Stormwater Utility Fee.

F. Conduct Property Owner Vote: Determination of a Majority Consent Pursuant to Government Code Section 53755.S(c), the proceedings described in this section shall not constitute an election or voting for purposes of Article II of the California Constitution or of the Elections Code.

An election on the Proposed Stormwater Utility Fee shall be sent, postage prepaid, by first class mail at least forty-five (45) days prior to the date set for the election to the Record Owner of each Identified Parcel. The forty-five (45) day requirement may be waived with the unanimous consent of the property owners.

Each mailed ballot shall contain all of the following:
• On the face of the envelope in which the notice of election and ballot are mailed, there shall appear in substantially the following form in no smaller than 16-point bold type:
"OFFICIALBALLOT ENCLOSED."
ITEM 16.9. ATTACHMENT 2 Exhibit A to the Resolution

• The ballot shall include the agency's address for return of the ballot, the date and location where the ballots will be tabulated, and a place where the person returning it may indicate his or her name, a reasonable identification of the parcel, and his or her support or opposition to the proposed fee. The ballots shall be tabulated in a location accessible to the public. The ballot shall be in a form that conceals its content once it is sealed by the person submitting it. The ballot shall remain sealed until the ballot tabulation commences.

No ballot received after the time of the ballot tabulation shall be counted in determining the existence of majority consent. The last pick up by the City Clerk of ballots mailed or delivered to City Hall will occur at 1:30 p.m. on the date scheduled for the election. To ensure that ballots which are mailed or delivered to City Hall are received by the City Clerk prior to the commencement of the ballot tabulation, such ballots must be received by the City Clerk at City Hall prior to 5:30 p.m. on the date scheduled for the ballot tabulation. The City Clerk shall endorse on each ballot the date it is filed with the City. The City Clerk shall identify any ballots which are received after the commencement of the ballot tabulation.

An impartial person designated by the City who does not have a vested interest in the outcome of the proposed fee shall tabulate the ballots submitted in support of or opposition to the proposed fee. An impartial person includes, but is not limited to, the City Clerk. If the City uses City personnel for the ballot tabulation, or if the City contracts with a vendor for the ballot tabulation and the vendor or its affiliates participated in the research, design, engineering, public education, or promotion of the fee, the ballots shall be unsealed and tabulated in public view to permit all interested persons to meaningfully monitor the accuracy of the tabulation process.

The ballot tabulation may be continued to a different time or different location accessible to the public, provided that the time and location are announced at the location at which the tabulation commenced and posted by the City in a location accessible to the public. The impartial person may use technological methods to tabulate the ballots, including, but not limited to, punchcard or optically readable (bar-coded) ballots. During and after the tabulation, the ballots and, if applicable, the information used to determine the weight of each ballot, shall be treated as public records, subject to public disclosure and made available for inspection by any interested person. The ballots shall be preserved for a minimum of two years, after which they may be destroyed.

Majority approval of the Record Owners shall exist if the number of valid ballots in favor of the fee exceeds the number of valid ballots in opposition to the fee.

At the time, date and place fixed for the ballot tabulation, the City Council shall direct the City Clerk to commence the ballot tabulation.

If there is no majority approval, the Stormwater Utility Fee shall not be imposed.

If majority approval exists, the City Council may impose the Stormwater Utility Fee pursuant to the Ordinance.

ITEM 16.9. ATTACHMENT 2 Exhibit A to the Resolution

Legend
Annexation Boundary
Parcel Boundary

ZINFANDEL DR

BEAR HOLLOW DR

SPOTO DR
APN
072-2360-044
APN
072-2360-045
APN
072-2360-046
APN
072-2360-043
APN
072-2360-047
APN
072-2360-048
!

CITY OF RANCHO CORDOVA

STORMWATER UTILITY FEE AREA
ANNEXATION 32
(STONE CREEK VILLAGE)
ITEM 16.9. ATTACHMENT 3

ITEM 16.9. ATTACHMENT 4
Stormwater Utility Fee
Sample of the Stormwater Utility Fees for Fiscal Year 2022-2023:

Table 1
Land Use Description
Total Area
(acres) Sample Fee
Single Family Residential (SFR1) 0.16 $143.40
Single Family Residential (SFR2) 0.22 $157.73
Single Family Residential (SFR3) 0.30 $168.51
Single Family Residential (SFR4) 0.40 $179.24
Single Family Residential (SFR5) 1.00 $179.24
Multi-Family Residential (MFR1) 5.00 $1,254.93
Commercial 1.00 $1,344.58
Industrial 1.00 $1,434.24
Schools 5.00 $896.39
Private Recreation 1.00 $448.17
Parks/Greenbelts 2.00 $179.24
Public Property (with structures) 2.00 $537.81

ITEM 16.9. ATTACHMENT 5

ITEM 16.9. ATTACHMENT 5

EXHIBIT A
Legend
Annexation Boundary
Parcel Boundary

ZINFANDEL DR

BEAR HOLLOW DR

SPOTO DR
APN
072-2360-044
APN
072-2360-045
APN
072-2360-046
APN
072-2360-043
APN
072-2360-047
APN
072-2360-048
!

CITY OF RANCHO CORDOVA

STORMWATER UTILITY FEE AREA
ANNEXATION 32
(STONE CREEK VILLAGE)
ITEM 16.9. ATTACHMENT 5

MEMORANDUM
City Council Staff Report - Page 1 of 2

ITEM 16.10.

DATE: July 18, 2022
TO: Honorable Mayor and Council Members
FROM: Elizabeth Sparkman, Community Development Director Dalia Fadl, Principal Engineer
SUBJECT: A RESOLUTION APPROVING THE ANNEXATION BOUNDARY MAP

FOR THE STONE CREEK VILLAGE PROJECT AND ANNEXATION

TO THE CITY OF RANCHO CORDOVA COMMUNITY FACILITIES
DISTRICT NO. 2008-1 (STREET LIGHTING AND ROAD

MAINTENANCE)

RECOMMENDATION
Adopt the Resolution.

RESULT OF RECOMMENDED ACTION
Adoption of the Resolution approves Annexation Boundary Map. No. 36 for the Stone Creek Village project and Annexation to Community Facilities District No. 2008-1 (Street Lighting and Road Maintenance, hereinafter “CFD No. 2008-1”). There is no financial impact to existing residents.

BACKGROUND
On October 6, 2008, the City adopted a resolution of intention to establish a Community Facilities District (CFD) and Future Annexation Area for Citywide street lighting and road maintenance services. On November 17, 2008, the City adopted the Resolution forming CFD No. 2008-1 pursuant to the Mello-Roos Community Facilities Act of 1982 per State of California Government Code Section 5311 et seq. (the “Act”). The Resolution of Intention provided that parcels in the Future Annexation Area for the District shall be annexed into the District without the need for additional noticing and public hearings as long as the owners of the annexed parcels unanimously approved the annexation. Thus, the annexation process for projects within the Future Annexation Area consists of receiving a petition and waiver from the property owner(s), the City Council approving the Annexation Boundary Map by resolution, followed by the recording of the Boundary Map and Notice of Special Tax Lien by the City Clerk.

DISCUSSION
The Stone Creek Village project was conditioned to annex to CFD No. 2008-1 to provide funding for maintenance services including the maintenance, repair, replacement and lighting of public streets and roads and appurtenant facilities in the public right of way. The property owner

City Council Staff Report - Page 2 of 2

signed a Petition (with waivers) of the annexation to CFD No. 2008-1. Adoption of the attached Resolution approves Annexation Boundary Map No. 36 for the project, approves the annexation of the Property into the CFD, and directs the Clerk to execute and record the Map and Notice of Special Tax Lien for the Property.

FISCAL IMPACT AND FUNDING SOURCE
There is no fiscal impact to the City’s General Fund.

ATTACHMENT(S)

1. Resolution

2. Exhibit A to the Resolution

3. Exhibit B to the Resolution

ITEM 16.10. 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, APPROVING THE ANNEXATION BOUNDARY MAP FOR THE

STONE CREEK VILLAGE PROJECT AND ANNEXATION TO THE CITY OF RANCHO CORDOVA COMMUNITY FACILITIES DISTRICT NO. 2008-1 (STREET LIGHTING AND

ROAD MAINTENANCE)
WHEREAS, on October 6, 2008, the City adopted Resolution No. 108-2008 declaring its intention to establish Community Facilities District No. 2008-1 (Street Lighting and Road Maintenance) (the “District”) and Future Annexation Area for maintenance of street lighting and road maintenance services. On November 17, 2008, the City adopted Resolution No. 129-2008 forming CFD No. 2008-1 pursuant to the Mello-Roos Community Facilities Act of 1982 per State of California Government Code Section 5311 et seq. (the “Act”); and WHEREAS, the resolution of intention to form the District provided for a more efficient process for the annexation of property into the District when the property owners have provided for their unanimous consent of said annexation process by submitting a petition, consent and waiver from the property owner(s); and
WHEREAS, in June 2022, the property owner of the subject property signed a Unanimous Approval form which irrevocably consents to and votes in favor of the annexation of the property to the District and the levy of the special tax on the property to finance the services of the CFD in accordance with the Rate and Method of the District; and WHEREAS, in the case of annexation proceedings, pursuant to Streets and Highways Code Section 3110.5 a separate map of the area proposed to be annexed is required to be prepared and adopted; and
WHEREAS, City staff has caused to be prepared Annexation Boundary Map No. 36 for the property known as the Stone Creek Village project, Exhibit A attached hereto, for the annexation of the property CFD No. 2008-1 (Street Lighting and Road Maintenance).

NOW, THEREFORE, BE IT HEREBY RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA:

1. The above recitals are true and correct, and the Council so finds and determines.

2. Council approves Annexation Boundary Map No. 36 and finds and determines that the territory shown in the Boundary Map is hereby added to and made a part of the District with full legal effect;

3. The City Clerk is directed to execute and record Annexation Boundary Map No. 36 in the office of the County Recorder of Sacramento County no later than 15 days after the adoption of this resolution;

4. The City Council finds and determines that a special tax shall be levied within the Territory to be annexed and which special tax shall be the same as the tax to be levied within the District. Collection of said tax shall commence in Fiscal Year 2022-2023, and the rate and method of apportionment of said tax shall be as set forth in the Resolution of Formation of the District.

ITEM 16.10. ATTACHMENT 1
Resolution No. XX-2022 Page 2 of 2

5. The City Clerk is directed to execute and record a Notice of Special Tax Lien in substantially the same form as shown in Exhibit B, attached hereto, in the office of the County Recorder of Sacramento County not later than 15 days after recordation of the Annexation Map No. 36.

PASSED AND ADOPTED by the City Council of the City of Rancho Cordova on the 18th day of July 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Donald Terry, Mayor
Stacy Leitner, CMC
City Clerk

ZINFANDEL DR

BEAR HOLLOW DR

SPOTO DR
APN
072-2360-044
APN
072-2360-045
APN
072-2360-046
APN
072-2360-043
APN
072-2360-047
APN
072-2360-048

ANNEXATION MAP
City of Rancho Cordova
Community Facilities District No. 2008-1
Annexation 36 (Stone Creek Village)
County of Sacramento, California
Sheet ____ of ____ 1 1
ANNEXATION MAP NO. 36

STONE CREEK VILLAGE
COMMUNITY FACILITIES DISTRICT NO. 2008-1
(STREET LIGHTING AND ROAD MAINTENANCE)

CITY OF RANCHO CORDOVA

COUNTY OF SACRAMENTO, STATE OF CALIFORNIA

REFERENCE IS MADE TO THE ORIGINAL BOUNDARY MAP OF THE DISTRICT, ENTITLED AND RECORDED AS FOLLOWS:
"PROPOSED BOUNDARIES OF THE COUNTY OF SACRAMENTO COMMUNITY FACILITIES DISTRICT NO. 2008-1 (STREET LIGHTING AND ROAD MAINTENANCE) AND FUTURE ANNEXATION AREA, RECORDED ON OCTOBER 14, 2008 IN BOOK 110 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, AT PAGE 12, IN THE OFFICE OF THE COUNTY RECORDER OF SACRAMENTO COUNTY, CALIFORNIA."

REFERENCE IS MADE TO THE FUTURE ANNEXATION AREA MAP OF THE DISTRICT, ENTITLED AND RECORDED AS FOLLOWS:
"PROPOSED FUTURE ANNEXATION AREA OF THE COUNTY OF SACRAMENTO COMMUNITY FACILITIES DISTRICT NO. 2008-1 (STREET LIGHTING AND ROAD MAINTENANCE) AND FUTURE ANNEXATION AREA, RECORDED ON OCTOBER 14, 2008 IN BOOK 110 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, AT PAGE 12, IN THE OFFICE OF THE COUNTY RECORDER OF SACRAMENTO COUNTY, CALIFORNIA."
! Legend
Annexation Boundary
HWY 50

SUNRISE
FOLSOM

ZINFANDEL

WHITE ROCK
Project Site

LOCATION MAP

HARRIS & ASSOCIATES
22 EXECUTIVE PARK SUITE 200
IRVINE, CALIFORNIA 92614
800-827-4901
1 " = 150 '

CLERK'S MAP STATEMENT
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF RANCHO CORDOVA THIS ______ DAY OF ______________ 2022. _____________________________________________

CITY CLERK OF THE CITY OF RANCHO CORDOVA

CLERK'S MAP STATEMENT
I HEREBY CERTIFY THAT THE AREA SHOWN ON THIS MAP OF THE PROPOSED ANNEXATION 36 TO COMMUNITY FACILITIES DISTRICT NO. 2008-1, (STREET LIGHTING AND ROAD MAINTENANCE), CITY OF RANCHO CORDOVA, COUNTY OF SACRAMENTO,

STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CORDOVA AT A REGULARLY SCHEDULED MEETING THEREOF, HELD ON THE ____ DAY OF ______________ 2022. BY ITS RESOLUTION NO. _____________. _____________________________________________

CITY CLERK OF THE CITY OF RANCHO CORDOVA

COUNTY RECORDER'S FILING STATEMENT
FILED THIS ______ DAY OF ________________ 2022. AT THE HOUR OF ___________ O'CLOCK ____.M. IN BOOK _______ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS PAGE NO. _____ IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF SACRAMENTO, STATE OF CALIFORNIA.

DONNA ALLRED
BY: ___________________________________________________ DEPUTY
FILE: ___________________________________________________

COUNTY RECORDER OF THE COUNTY OF SACRAMENTO, CALIFORNIA ITEM 16.10. ATTACHMENT 2 Exhibit A to the Resolution

RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, California 95670
Attention: City Clerk
______________________________________________________________________

AMENDED NOTICE OF SPECIAL TAX LIEN
Pursuant to the requirements of Section 3114.5 of the Streets and Highways Code and Section 53311 of the Government Code, the undersigned clerk of the legislative body of the City of Rancho Cordova (the “City”), State of California, hereby gives notice that a lien to secure payment of special taxes is hereby imposed by the City Council of the City. The special tax secured by this lien is authorized to be levied for the purpose providing certain public services described in Exhibit A attached hereto and hereby made a part hereof.

The special taxes are authorized to be levied within Annexation Map No. 36 (the “Annexed Area”) of the City of Rancho Cordova Community Facilities District No. 2008- 1 (Street Lighting and Road Maintenance) (the “CFD”), which has now been officially annexed to the District, and the lien of the special taxes are a continuing lien which shall secure each annual levy of the special taxes and which shall continue in force and effect until the special taxes cease to be levied and a notice of cessation of special taxes is recorded in accordance with Section 53330.5 of the Government Code.

The rate, method of apportionment, and manner of collection of authorized special tax is as set forth in Exhibit B attached hereto and hereby made a part hereof.

The obligation to pay the special tax may not be prepaid and permanently satisfied and the lien of the special taxes canceled.

Notice is further given that upon the recording of this notice in the office of the county recorder, the obligation to pay the special tax levies shall become a lien upon all nonexempt real property within the District in accordance with Section 3115.5 of the Streets and Highways Code.

The name of the owner and the assessor’s tax parcel number(s) of the real property included within the District and not exempt from the special tax are as set forth in Exhibit C attached hereto.

ITEM 16.10. ATTACHMENT 3 Exhibit B to the Resolution

Reference is hereby made to the Notice of Special Tax Lien with respect to the District recorded on December 2, 2008, as Document No. 20081202, Page 0781 in the office of the County Clerk & Recorder of the County of Sacramento, California, which contains a list of the then existing owners and assessor tax parcel numbers of the original boundaries of the District.

Reference is made to the boundary map of the District recorded at Book 110 of Maps of Assessment and Community Facilities Districts at Page 10 (Document No. 20081014-0822), in the office of the County Recorder for the County of Sacramento, State of California (the “ Original Boundary Map”), and the map of the Annexed Territory recorded at Book 135, Page 12, Document No. 202108200214 in the Office of the County Recorder for the County of Sacramento, State of California, which map together with the Original Boundary Map and the boundary maps of record for all prior annexations, are now the final boundary maps of the Community Facilities District including the Annexed Territory.

For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Department of Public Works of the City of Rancho Cordova, 2729 Prospect Park Drive, Rancho Cordova, California 95670.

Date: _____________________
By: _________________________
Stacy Leitner, CMC, City Clerk
City of Rancho Cordova
ITEM 16.10. ATTACHMENT 3 Exhibit B to the Resolution

EXHIBIT A

CITY OF RANCHO CORDOVA
COMMUNITY FACILITIES DISTRICT NO. 2008-1
(STREET LIGHTING AND ROAD MAINTENANCE)

DESCRIPTION OF DISTRICT SERVICES
Description of services:

Maintenance and lighting of public streets and roads
• Maintenance means the furnishing of services and materials for the ordinary and usual operation, maintenance and servicing of the street improvements, the street-lighting network, dedicated easements, and appurtenant facilities, and administration and overhead of all aspects of the District.

Reserve Fund
• The Special Taxes may be collected and set-aside in designated funds, collected over several years, that may be used by the District to fund future repairs to street lighting and roadway improvements and other services as determined by the District.

ITEM 16.10. ATTACHMENT 3 Exhibit B to the Resolution

Rancho Cordova CFD No. 2008-1 1 September 19, 2008
(Street Lighting and Road Maintenance)

EXHIBIT B

CITY OF RANCHO CORDOVA
COMMUNITY FACILITIES DISTRICT NO. 2008-1
(STREET LIGHTING AND ROAD MAINTENANCE)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax applicable to each Assessor’s Parcel in Community Facilities District No. 2008-1 (Street Lighting and Road Maintenance) shall be levied and collected according to the tax liability determined by the City Council, acting in its capacity as the legislative body of CFD No. 2008-1, through the application of the appropriate Special Tax rate, as described below. All of the property in CFD No. 2008-1, unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 2008-1 unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acreage” or “Acre” means the land area making up an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final subdivision map or other parcel map recorded at the County Recorder’s Office.
“Additional Load and Decorative Lighting Parcel” means any Parcel that is determined by the City to be both an Additional Load Parcel and a Decorative Lighting Parcel. “Additional Load Parcel” means any Parcel of Commercial Property or Industrial Property that is determined by the City to create excessive wear and tear on the roadways and/or a high volume of vehicular traffic.
“Administrative Expenses” means the costs incurred by the City to determine, levy and collect the Special Tax, including salaries of City employees and fees of consultants and the costs of collecting installments of the Special Taxes upon the general tax rolls, preparation of required reports, and any other costs required to administer the CFD. “Administrator” means the person or firm designated by the City to administer the Special Taxes according to this Rate and Method of Apportionment of Special Tax. “Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel number.

ITEM 16.10. ATTACHMENT 3 Exhibit B to the Resolution

Rancho Cordova CFD No. 2008-1 2 September 19, 2008
(Street Lighting and Road Maintenance)
“Assessor’s Parcel Map” means an official map of the County Assessor designating parcels by Assessor’s Parcel number.
“Authorized Services” means the public services authorized to be funded by CFD No. 2008-1 as set forth in the documents adopted by the City Council when the CFD was formed. “CFD” or “CFD No. 2008-1” means the City of Rancho Cordova Community Facilities District No. 2008-1 (Street Lighting and Road Maintenance).
“City” means the City of Rancho Cordova.
“City Council” means the City Council of the City of Rancho Cordova, acting as the legislative body of CFD No. 2008-1.
“Commercial Property” means, in any Fiscal Year, all Developed Property for which a building permit or use permit has been issued for a commercial establishment which includes, but is not limited to, retail stores, clothing stores, book stores, video rental stores, drug stores, professional services (i.e., barber shops, dry cleaners), restaurants, supermarkets, hospitals, movie theaters, appliance and electronic stores, home supply stores, auto parts stores, and other businesses providing auto-related products and services. The City shall make the determination if a Parcel is Commercial Property.
“County” means the County of Sacramento.
“Decorative Lighting Parcel” means any Parcel of Developed Property that is determined by the City to have or benefit from decorative lighting features. “Developed Property” means, in any Fiscal Year, all Parcels of Taxable Property for which a use permit or building permit for new construction of a residential or non-residential structure (which shall not include a permit issued solely for construction of the foundation if another permit remains to be issued for vertical construction of the building) was issued prior to June 30 of the preceding Fiscal Year.
“Fiscal Year” means the period starting on July 1 and ending on the following June 30. “Hotel Property” means, in any Fiscal Year, all Developed Property for which a building permit or use permit has been issued for a structure that constitutes a place of lodging providing sleeping accommodations and related facilities for travelers. “Industrial Property” means, in any Fiscal Year, all Developed Property for which a building permit or use permit has been issued for construction of an industrial, manufacturing, or warehousing structure. The City shall make the determination if a Parcel is Industrial Property. “Maximum Special Tax” means the greatest amount of Special Tax that can be levied on an Assessor’s Parcel in any Fiscal Year determined in accordance with Section C below.

ITEM 16.10. ATTACHMENT 3 Exhibit B to the Resolution

Rancho Cordova CFD No. 2008-1 3 September 19, 2008
(Street Lighting and Road Maintenance)
“Multi-Family Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit or use permit has been issued for construction of a residential structure with five or more Units that share a single Assessor’s Parcel number, all of which are offered for rent to the general public and cannot be purchased by individual homebuyers. “Non-Residential Property” means, collectively, Commercial Property, Hotel Property, Industrial Property, and Office Property.
“Office Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit or use permit has been issued for a building in which professional, banking, insurance, real estate, administrative or in-office medical or dental activities are conducted. The City shall make the determination if a Parcel is Office Property. “Ordinary Use Parcel” means any Parcel of Taxable Property that is not an Additional Load Parcel, Decorative Lighting Parcel, Residential Alley Parcel, Additional Load and Decorative Lighting Parcel, or Residential Alley and Decorative Lighting Parcel. “Proportionately” means that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Parcels of Developed Property.
“Public Property” means any property within the boundaries of CFD No. 2008-1 that is owned by the federal government, State of California, County, City, or other public agency. “Residential Alley and Decorative Lighting Parcel” means any Parcel that is determined by the City to be both a Residential Alley Parcel and a Decorative Lighting Parcel. “Residential Alley Parcel” means any Parcel of Residential Property that is determined by the City to have residential alleys that are part of the public roadways. “Residential Property” means, collectively, Single Family Attached Property, Single Family Detached Property, and Multi-Family Property.
“Single Family Attached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit was issued for construction of a residential structure consisting of two or more Units that share common walls, have separate Assessor’s Parcel numbers assigned to them (except for a duplex unit, which may share an Assessor’s Parcel with another duplex unit), and are offered as for-sale Units (which shall still be the case even if the Units are purchased and subsequently offered for rent by the owner of the Unit(s)), including such residential structures that meet the statutory definition of a condominium contained in Civil Code Section 1351.
“Single Family Detached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit was issued for construction of a Unit that does not share a common wall with another Unit.

ITEM 16.10. ATTACHMENT 3 Exhibit B to the Resolution

Rancho Cordova CFD No. 2008-1 4 September 19, 2008
(Street Lighting and Road Maintenance)
“Special Tax Requirement” means the amount of revenue needed in any Fiscal Year to pay for the following: (i) Authorized Services, (ii) Administrative Expenses, and (iii) amounts needed to cure any delinquencies in the payment of Special Taxes which have occurred or (based on delinquency rates in prior years) may be expected to occur in the Fiscal Year in which the tax will be collected.
“Special Tax” means a special tax levied in any Fiscal Year on property within CFD No. 2008-1 to pay the Special Tax Requirement.
“Square Foot,” “Square Footage,” or “Square Feet” means the building square footage reflected on the original building permit issued for construction of a building. “Taxable Property” means all Assessor’s Parcels within the boundaries of CFD No. 2008-1 which are not exempt from the Special Tax pursuant to law or Section E below. “Taxable Public Property” means, in any Fiscal Year, all Assessor’s Parcels in CFD No. 2008- 1 that had, in prior Fiscal Years, been taxed as Developed Property and subsequently came under the ownership of a public agency.
“Tax Zone” means one of the three mutually exclusive tax zones identified in Attachment 1 of this Rate and Method of Apportionment of Special Tax, as may be updated to include new Parcels or new tax zones added to the CFD as a result of future annexations. “Tax Zone 1” means the geographic area that is identified by Assessor’s Parcel number in Attachment 1 of this Rate and Method of Apportionment of Special Tax as Tax Zone 1 and any property annexed into Tax Zone 1 after formation of the CFD. “Tax Zone 2” means the geographic area that is identified by Assessor’s Parcel number in Attachment 1 of this Rate and Method of Apportionment of Special Tax as Tax Zone 2 and any property annexed into Tax Zone 2 after formation of the CFD. “Tax Zone 3” means the geographic areas that are identified by Assessor’s Parcel number in Attachment 1 of this Rate and Method of Apportionment of Special Tax as Tax Zone 3 and any property annexed into Tax Zone 3 after formation of the CFD. “Unit” means an individual single-family detached unit or an individual residential unit within a duplex, triplex, fourplex, townhome, condominium, or apartment structure. Unit shall also mean a single room or unit on a Parcel of Hotel Property.

B. DATA COLLECTION FOR ANNUAL TAX LEVY
Each Fiscal Year, the Administrator shall identify the current Assessor’s Parcel number for all Parcels of Taxable Property within CFD No. 2008-1 and shall determine within which Tax Zone each Assessor’s Parcel is located. Upon each annexation of property into CFD No. 2008-1, the Administrator shall update Attachment 1 to include the new Assessor’s Parcel number(s). In addition, for all Parcels of Developed Property, if applicable to the Tax Zone in which the ITEM 16.10. ATTACHMENT 3 Exhibit B to the Resolution